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PeakSend AI Partner Program Agreement

Effective Date: January 27, 2026

This Partner Program Agreement (“Agreement”) governs participation in the PeakSend AI Partner Program and is entered into between PeakSend AI LLC (“PeakSend AI,” “we,” “us,” or “our”) and you (“Partner,” “you,” or “your”). This Agreement applies to all Affiliates and Resellers and is incorporated by reference into the PeakSend AI Terms of Service.

1. Acceptance and Enrollment

1.1 Binding Agreement by Account Creation

By creating a PeakSend AI account, accessing the Partner Program, or using referral, reseller, or payout features, you agree to be bound by this Agreement. If you do not agree, you may not participate in the Partner Program.

1.2 Automatic Enrollment

All PeakSend AI users are automatically enrolled in the Partner Program upon account creation, subject to eligibility and compliance with this Agreement.

1.3 Optional Additional Confirmation

PeakSend AI may request additional confirmation of acceptance when enabling referral features, managed accounts, or payout methods. Such confirmation supplements, but does not replace, acceptance at account creation.

1.4 Notice and Accessibility

This Agreement is available via hyperlink during account creation and within the PeakSend AI platform. Continued use constitutes acceptance.

2. Definitions

Affiliate: A Partner who refers customers through a referral link or tracking mechanism provided by PeakSend AI.

Reseller: A Partner who manages customer accounts or directly bills customers.

Managed Account: A customer account administered by a Reseller.

Qualifying Revenue: Revenue eligible for commissions under this Agreement.

Commissionable Products: PeakSend AI subscription plans that include AI minutes and usage-based charges.

Excluded Products: CRM, Local Presence, and any products or services not expressly designated as commissionable.

Tracking Window: The period during which a referral may be attributed to a Partner.

Paid Channel: Any paid marketing or acquisition channel, including search ads, social ads, display ads, affiliate ads, retargeting, or other paid media.

Commission: A discretionary incentive payment calculated by PeakSend AI under this Agreement.

3. Partner Roles

3.1 Affiliates

Affiliates earn commissions by referring customers through referral links or tracking mechanisms.

3.2 Resellers

(a) Commission-Based Model
Resellers may charge standard PeakSend AI pricing and earn commissions while managing customer accounts.

(b) Direct-Billing Model
Resellers may bill customers directly and pay PeakSend AI for usage. In this model, no commissions are paid. Resellers may not insert their own payment method into customer accounts to earn commissions or duplicate compensation.

(c) Double Compensation
Any attempt to obtain commissions while directly billing customers constitutes a material breach and may result in termination, forfeiture or clawback of commissions, suspension of accounts, and other remedies.

3.3 Reseller Compliance Responsibility

Resellers are solely responsible for their customers’ compliance with applicable laws, including TCPA, CAN-SPAM, FTC rules, and data protection laws.

3.4 Independent Contractor Relationship

Partners are independent contractors and have no authority to bind PeakSend AI.

4. Attribution and Tracking

4.1 Attribution Model

PeakSend AI uses a “last paid channel” attribution model:

  • If a customer converts through a non-paid channel after clicking an Affiliate link, the Affiliate receives attribution.

  • If a customer converts through a Paid Channel, attribution is assigned to the Paid Channel.

  • If multiple Affiliate links are clicked, attribution goes to the most recent Affiliate link.

4.2 Tracking Window

Referrals are attributed only if the customer registers within thirty (30) days of the initial referral click.

4.3 Attribution Lock-In

Attribution is locked at sign-up and may not be modified except at PeakSend AI’s discretion.

4.4 Authority of Tracking Systems

PeakSend AI’s tracking systems are the sole authoritative source for attribution and commissions.

4.5 Program Changes

PeakSend AI may modify or discontinue tracking or the Partner Program at any time.

5. Prohibited Conduct

Partners may not:

  • Refer themselves or controlled entities.

  • Engage in fraud, deception, cookie stuffing, misleading marketing, or unauthorized trademark bidding.

  • Violate any applicable laws or regulations.

6. Commission Structure and Tier Qualification

6.1 Eligible Revenue

Commissions apply only to Commissionable Products.

6.2 Tier Structure

Tier rates and thresholds are published in the Partner Dashboard and may change at any time.

6.3 Tier Qualification Period

Tiers are based on active subscription MRR from referred customers during the previous calendar month.

6.4 Tier Application

Tier status is calculated on the first day of each month and applies to commissions from the previous calendar month.

6.5 PeakSend AI Authority

PeakSend AI’s determinations regarding tiers, attribution, and commissions are final, absent manifest error or fraud.

6.6 Adjustments

PeakSend AI may modify tiers, eligibility, and rates at any time.

6.7 Negative Revenue

Refunds, credits, and chargebacks reduce commissions.

6.8 Non-Vested Earnings

Commissions are provisional, discretionary, and non-vested until paid.

6.9 No Expectation

Past commissions do not guarantee future commissions.

6.10 No Property Rights

Commissions are not wages or vested compensation.

7. Payment Terms

7.1 Payment Schedule

PeakSend AI intends to initiate payouts on the eighth (8th) day of each month for the prior month’s qualifying revenue, without guarantee.

7.2 Holdbacks and Delays

Payments may be delayed or withheld due to refunds, fraud risk, compliance reviews, or disputes.

7.3 No Guaranteed Timing

Payment timing is not guaranteed.

7.4 Clawbacks

PeakSend AI may claw back commissions arising from violations, refunds, or disputes.

7.5 Forfeiture

Unpaid commissions may be forfeited for material breach or termination for cause.

7.6 Minimum Payout Threshold

PeakSend AI may establish or modify a minimum payout threshold.

7.7 Fees

Partners bear all payout-related fees, which may be deducted from commissions.

8. Taxes

Partners are independent contractors and responsible for their own taxes. PeakSend AI may require tax documentation as a condition of payment.

9. Modification and Termination

PeakSend AI may modify or terminate the Partner Program or this Agreement at any time. Continued participation constitutes acceptance. Upon termination, referral links may be disabled, managed access revoked, and unpaid commissions forfeited.

9.1 Program Not Permanent

PeakSend AI has no obligation to continue the Partner Program or any commission structure.

10. Intellectual Property and Branding

Partners receive a limited, revocable license to use approved PeakSend AI branding solely for participation in the Partner Program.

11. Disclaimer and Limitation of Liability

PeakSend AI does not guarantee commissions or revenue. PeakSend AI’s total liability is limited to commissions paid to the Partner in the preceding three (3) months, to the maximum extent permitted by law.

12. Indemnification and TCPA Compliance

12.1 Audit Rights

PeakSend AI may audit Partner activities and compliance records.

12.2 General Indemnification

Partners indemnify PeakSend AI from claims arising from Partner misconduct or violations.

12.3 TCPA and AI Calling Responsibility

Partners are solely responsible for obtaining legally valid consent for all communications, including AI-generated, prerecorded, or automated calls and messages.

12.4 TCPA-Specific Indemnity

Partners agree to indemnify PeakSend AI from TCPA-related claims.

12.5 Proof of Consent

Partners must provide evidence of consent upon request.

12.6 Campaign Control

Partners control campaigns, messaging, audiences, and call initiation.

12.7 Suspension for Risk

PeakSend AI may suspend access or payouts due to legal, fraud, or reputational risk.

12.8 No Reliance on Platform Features

Compliance tools are not legal advice or guarantees.

12.9 No Waiver

Lack of enforcement does not waive Partner obligations.

13. Governing Law and Dispute Resolution

This Agreement is governed by Utah law. Disputes are resolved by binding arbitration in Salt Lake City, Utah, with a class action waiver and injunctive relief carve-out.

13.1 Jury Trial Waiver

Partners waive any right to a jury trial to the fullest extent permitted by law.

14. Force Majeure

PeakSend AI is not liable for failures caused by events beyond reasonable control.

15. Survival and Severability

Key provisions survive termination. Invalid provisions do not affect the remaining Agreement.

16. Miscellaneous

This Agreement constitutes the entire agreement. Partners may not assign without consent. PeakSend AI may assign freely.