Welcome to the Cometly Affiliate Program (the “Affiliate Program”). This Affiliate Agreement (the “Agreement”) governs your participation as an affiliate marketer (“Affiliate,” “you,” or “your”) for Comet LLC d/b/a Cometly (“Cometly,” “we,” “us,” or “our”). By enrolling in our Affiliate Program, you acknowledge that you have read, understood, and agree to be bound by this Agreement, as well as our Terms of Service and Privacy Policy.

1. Enrollment & Eligibility

1.1 Automatic Enrollment
Unless otherwise specified in a separate agreement, you will be automatically enrolled in our Affiliate Program upon creating a Cometly account. If you do not wish to participate, you may opt out by contacting support@cometly.com.

1.2 Age & Compliance
You must be at least 18 years old (or the age of majority in your jurisdiction) to participate. You represent that you will comply with all applicable laws and regulations in connection with your activities under this Agreement.

1.3 Custom Agreements
If you have a separately signed or custom agreement with Cometly regarding affiliate marketing, that agreement will govern in the event of any conflict with this Agreement.

2. Affiliate Links & Cookies

2.1 Tracking Links
We will provide you with a unique affiliate link or an option to create a custom affiliate link (subject to availability). This link allows us to attribute leads, signups, and sales to you.

2.2 Cookie Window
We use a 60-day cookie window. This means if a referred user clicks your affiliate link, signs up for Cometly, and converts (i.e., becomes a paying customer) within 60 days of that click, you are credited for the referral.

2.3 Custom Link Availability
While we strive to accommodate custom link requests, we reserve the right to deny particular custom URLs if they conflict with existing links or violate any policy.

3. Commission Structure & Payment

3.1 Commission Rate
You will earn 20% of all payments from referred customers for the first 12 months following their sign-up date. This includes subscription fees and any applicable add-ons purchased by the referred customer, unless otherwise stated or excluded.

3.2 Duration of Commission
Commission accrues for a maximum of 12 months per referred customer. After 12 months, no additional commissions are paid on that customer’s subscription.

3.3 Payment Schedule

• Frequency: Commissions are typically paid on a monthly basis, but exact payment schedules may vary (e.g., net-30 or net-45).
• Threshold: We may require a minimum earnings threshold (e.g., $50 USD) before issuing a payout.
• Method: Payment methods (e.g., PayPal, bank transfer) will be communicated separately or through your affiliate dashboard.

3.4 Refunds & Chargebacks
If a referred customer receives a refund, issues a chargeback, or cancels within an applicable refund window, commissions on that transaction will be reversed or deducted from future payments.

3.5 Taxes
You are responsible for any taxes owed on the commissions you earn. Cometly does not withhold any taxes unless legally required.

4. Affiliate Responsibilities & Conduct

4.1 Permitted Channels
You may promote Cometly through legal, ethical, and transparent means, such as content marketing, email newsletters (to subscribers who have opted in), social media (within platform rules), and legitimate paid ads on non-Cometly keywords (see prohibited activities below).

4.2 Prohibited Activities
You shall not:

1. Engage in spamming, unsolicited emailing, or any form of deceptive marketing.
2. Use ad campaigns that bid on Cometly brand keywords (e.g., “Cometly,” “Cometly.com,” or confusingly similar variants) on search engines or other paid search platforms.
3. Misrepresent Cometly’s features, pricing, or performance in promotional materials.
4. Place affiliate links on sites containing illicit, hateful, or adult content, or otherwise violate our Acceptable Use Policy.
5. Attempt to circumvent tracking or cookie windows by using fraudulent or misleading tactics.

4.3 FTC Guidelines & Disclosures
If you are subject to FTC or similar disclosures, you must clearly disclose your affiliate relationship with Cometly whenever you promote our products.

4.4 Compliance with Laws
You agree to abide by all applicable laws and regulations, including, but not limited to, privacy, data protection, email marketing (e.g., CAN-SPAM or GDPR if relevant), and advertising standards.

5. Intellectual Property

5.1 License to Use Marks
We grant you a non-exclusive, revocable license to use Cometly’s trademarks, logos, or promotional materials solely for the purpose of promoting Cometly in accordance with this Agreement. You must comply with any brand guidelines we provide.

5.2 Restrictions
You must not modify our trademarks or present them in a way that implies endorsement beyond the scope of this Agreement. Any goodwill arising from your use of Cometly’s marks inures solely to Cometly.

6. Term & Termination

6.1 Term
This Agreement becomes effective upon your enrollment and remains in effect until terminated by either party.

6.2 Termination by You
You may terminate your participation in the Affiliate Program at any time by emailing support@cometly.com.

6.3 Termination by Cometly
We may suspend or terminate your affiliate status at our discretion if we determine you have violated this Agreement, engaged in fraudulent activities, or pose a legal or reputational risk to Cometly.

6.4 Effect of Termination
Upon termination:

1. You must cease using our brand assets and remove any references to Cometly in your promotions (except for factual, historical references).
2. Commissions accrued up to the termination date will still be paid out unless they are subject to refund or other chargeback conditions.

7. Modifications to the Affiliate Program

We reserve the right to modify, suspend, or discontinue any aspect of the Affiliate Program at any time. We may also revise this Agreement by posting an updated version on our website. Your continued participation after such a revision constitutes acceptance of the updated terms.

8. Disclaimer & Limitation of Liability

8.1 Disclaimer
The Affiliate Program is provided “as is.” We make no warranties (express or implied) regarding the Program’s success, or the completeness or accuracy of tracking data.

8.2 Limitation of Liability
Cometly is not liable for any indirect, incidental, or consequential damages (including lost profits) arising from or related to this Agreement. Our total cumulative liability shall not exceed the commissions payable to you under this Agreement in the 12 months preceding the event giving rise to the claim.

9. Governing Law & Dispute Resolution

This Agreement shall be governed by the laws of the Commonwealth of Pennsylvania, excluding its conflict of law principles. Any disputes shall be resolved pursuant to the arbitration and jurisdiction provisions in the Cometly Terms of Service. By enrolling in our Affiliate Program, you consent to such arbitration and jurisdiction clauses.

10. Miscellaneous

10.1 Independent Contractors
Nothing in this Agreement shall create any partnership, joint venture, franchise, sales representative, or employment relationship between the parties.

10.2 Assignment
You may not assign or transfer your rights under this Agreement without our prior written consent.

10.3 Entire Agreement
This Agreement, along with our Terms of Service and Privacy Policy, represents the entire understanding and agreement between the parties regarding the Affiliate Program, superseding any prior or contemporaneous agreements.

10.4 Severability
If any provision is deemed invalid or unenforceable, the remaining provisions shall remain in full force and effect.

10.5 Notices
Notices under this Agreement may be given via email, account dashboards, or by posting updates on our website.

Last Updated: December 24, 2024

By participating in the Cometly Affiliate Program, you acknowledge that you have read, understood, and agreed to these Affiliate Program Terms. If you do not agree, please refrain from using any affiliate links or promotions related to Cometly and contact us at support@cometly.com to terminate your affiliate status.