Partner Program Agreement

1. Parties and acceptance

This Partner Program Agreement (the "Agreement") is between BillingMart.com LLC, a New Mexico limited liability company ("BillingMart", "we" or "us"), and the person or entity that applies to and is accepted into the BillingMart Partner Program (the "Partner" or "you"). It takes effect on October 15, 2026 or, if later, on the day you accept it (the "Effective Date").

You accept this Agreement by signing it electronically in the partner portal. Your electronic signature, the name you type and your selection of the "I agree and sign" control have the same effect as a handwritten signature on paper. You consent to receive this Agreement, statements, notices, tax forms and every other record relating to the Program electronically, and you confirm that you can access and keep electronic records. You may withdraw that consent only by terminating this Agreement. If you accept on behalf of a business, you represent that you are authorized to bind it.

The commission rate stated in this Agreement is your rate: 20%. BillingMart records the exact text of the version you signed, the time you signed it, the rate in force and the network details of the signing, and keeps a copy available to you in the partner portal.

This Agreement incorporates the BillingMart Terms of Service at https://billingmart.com/terms, the Acceptable Use Policy at https://billingmart.com/aup and the Privacy Policy at https://billingmart.com/privacy. A capitalized term not defined here has the meaning given there.

2. Definitions

"Program" means the BillingMart Partner Program described in this Agreement, including the partner portal, the referral API and the promotional assets BillingMart provides.

"Referred Workspace" means a new BillingMart workspace that BillingMart attributes to you under Section 4.

"Qualifying Payment" means a subscription fee for a paid BillingMart plan that BillingMart actually collects from a Referred Workspace through BillingMart's own web billing, net of refunds, chargebacks, credits, discounts, taxes and payment processing fees. A payment is a Qualifying Payment only once BillingMart has received the funds, and only for the part of it that BillingMart keeps.

"Commission" means the amount credited to you on a Qualifying Payment under Section 5. "Statement" means the monthly accounting of Commission that BillingMart prepares under Section 5.

"Hold Period" means the 30 days after the end of the calendar month in which a Qualifying Payment was collected. "Term" means the period during which Qualifying Payments from a Referred Workspace earn Commission, as stated in Section 5.

"Marks" means BillingMart's names, logos, trade dress and other brand assets, whether or not registered.

3. Program enrolment and eligibility

To take part you must be a United States citizen or resident, or an entity organized under the laws of a State of the United States; be at least eighteen years old; give accurate and complete information in your application and keep it current; provide a completed Form W-9; and keep a valid payout method on file. You may hold one partner account. A person or entity may not take part through more than one account, and an account may not be shared.

BillingMart reviews every application and may accept or decline it, and may suspend, reinstate or terminate a partner account at any time, in its sole discretion and without giving a reason. Acceptance into the Program does not oblige BillingMart to refer customers to you, to keep the Program open, to keep any plan, price or feature unchanged, or to accept any particular referral.

An existing BillingMart customer may take part, but no Commission is earned on a workspace that the Partner, its owners, employees, contractors or affiliates own, control, use or pay for.

BillingMart may ask you for information it needs to confirm your identity, your business, your tax status or your promotional methods, and may hold payouts until you provide it.

4. Referrals and attribution

A workspace becomes a Referred Workspace only when (a) its owner creates it through your partner sign-up link or enters your partner code when signing up, or (b) you registered the owner's email address as a referral in the partner portal or through the referral API before the workspace was created, and the workspace was created within the referral window BillingMart publishes. Attribution is decided when the workspace is created and is not changed afterwards.

The following never earn Commission: a workspace that existed before the attribution; a workspace owned, controlled, used or paid for by you or by a person or entity affiliated with you; a second or later workspace of an account that already has one; a purchase made through the Apple App Store or Google Play; a purchase of AI credits or any other one-time purchase; a plan BillingMart provides without charge or at a price it sets for a particular customer outside its published plans; trial or sandbox use; a payment that is refunded, charged back, disputed or reversed; and any sign-up obtained in breach of Section 6.

BillingMart does not use cookies, pixels or other tracking to attribute referrals. Attribution is explicit. BillingMart's records are the sole and conclusive record of referrals, attributions, Qualifying Payments and Commission, and no attribution is made after the fact for a workspace created without your code or a registered referral.

BillingMart may decline a referral, remove an attribution or reassign it, on the evidence available to it, where two partners claim the same workspace, where the owner of the workspace objects, or where the attribution appears to have been obtained in breach of this Agreement.

5. Commission, statements and payment

For each Qualifying Payment collected from a Referred Workspace during the Term, BillingMart credits you a Commission equal to 20% of that Qualifying Payment. The Term runs for as long as the referred workspace stays on a paid plan. A Qualifying Payment that pays for more than one month of service (an annual plan, for example) is divided into equal monthly parts, and Commission is earned only on the parts for the months that begin within the Term, prorated monthly; no Commission is earned on a part for a month that begins after the Term ends. The rate and the Term that apply to a Referred Workspace are those in force under your Agreement when that workspace was attributed; a change made under Section 11 applies to workspaces attributed after it takes effect.

Commission is calculated in USD, rounded to the nearest cent, and recorded as a line in your account when the Qualifying Payment is collected. BillingMart prepares a Statement for each calendar month, measured in Coordinated Universal Time (UTC), shortly after that month ends, and makes it available in the partner portal.

Each line becomes payable when its Hold Period ends, 30 days after the end of the month in which the payment was collected. A payable balance below $50.00 is carried forward and paid when the balance reaches that amount. BillingMart pays payable balances monthly to the payout method on file, and an itemized accounting of the lines paid accompanies every payout.

No payment is made until BillingMart has received a completed Form W-9 and a valid payout method from you, and you have completed any identity or business information BillingMart has requested. Amounts that are not payable for these reasons are carried forward; they are forfeited only as Sections 7 and 10 provide.

If a Qualifying Payment is refunded, charged back, disputed, reversed or returned, in whole or in part, the related Commission is reversed in the same proportion. BillingMart may deduct any reversed, overpaid or wrongly paid amount from any Commission then or later payable to you, and a negative balance carries forward until it is recovered. If no further Commission becomes payable, you must repay the amount within thirty days of BillingMart's request.

You must raise any dispute about a Statement in writing within 30 days after the Statement is made available in the partner portal, naming the lines in question and the reason. A Statement that is not disputed within that period is final and binding. No interest accrues on any Commission, and BillingMart owes no Commission that its records do not support.

BillingMart may withhold from any payout the amounts that law requires it to withhold, and may make payouts through a third-party payment service, whose own terms you must accept when you choose that method. Bank and card fees charged by your own institution are yours.

6. Partner conduct

You must promote BillingMart honestly and in good faith. Wherever you promote BillingMart you must disclose, clearly and close to the link or recommendation, that you earn a commission, using words such as "Paid link" or "I earn a commission if you sign up". You may not publish, buy, solicit or display a review, rating, testimonial or endorsement that does not disclose your financial relationship with BillingMart, and you may not misstate your own experience with the product.

You may not: bid on or buy search-engine, marketplace or social advertising on BillingMart's names or Marks, their variations or misspellings, or on terms confusingly similar to them; register or use a domain name, account name, page name or handle that contains or is confusingly similar to a BillingMart name or Mark; present your site, content or communications as BillingMart's own; or place your link on a coupon, deal, voucher, cashback, rewards or loyalty site, or offer a payment, rebate, credit or other inducement to a person for signing up.

You may not use cookie stuffing, forced clicks, hidden frames, redirects, scripts, bots or any other technical means to create a false attribution; create a workspace on another person's behalf; or sign up yourself, your relatives, employees, contractors or affiliates as referrals.

You may not send unsolicited commercial email to promote BillingMart. Every email you send must comply with the CAN-SPAM Act and must identify you, not BillingMart, as its sender. You may not make or send autodialed, prerecorded or artificial-voice calls or text messages promoting BillingMart to any number without the recipient's prior express written consent, and you must comply with the Telephone Consumer Protection Act and every applicable do-not-call rule. You may not buy, rent, scrape or otherwise obtain leads or contact lists for use in promoting BillingMart.

You may not make claims about BillingMart, its prices, features, security, reliability or results that BillingMart has not published or approved in writing; promise any outcome to a prospective customer; or describe yourself as an agent, employee, reseller or representative of BillingMart. You may not promote BillingMart on or beside content that is unlawful, deceptive, defamatory, obscene, discriminatory or infringing, or in any manner that would bring BillingMart into disrepute.

You must comply with every law and regulation that applies to your activities under this Agreement, including advertising, consumer protection, privacy, data protection, anti-spam, telemarketing, tax and export laws, and with the Terms of Service and the Acceptable Use Policy. You are solely responsible for your sites, content and communications and for every person acting on your behalf.

7. Monitoring, audit and remedies

BillingMart may monitor your promotional activity, review your sites, content and communications, and ask you for records of how a referral was obtained. You must answer such a request within ten business days and keep records of your promotional activity for at least two years.

If BillingMart reasonably believes you have breached this Agreement, it may suspend your account and any payout while it investigates, remove the attribution of any affected workspace, and refuse or reverse any Commission connected with the breach. Commission obtained through a breach of Section 4 or Section 6, or through fraud, is forfeited, and any such amount already paid must be repaid within thirty days of BillingMart's request.

These remedies are in addition to every other remedy available to BillingMart under this Agreement or at law, including termination for cause under Section 10 and recovery of its reasonable costs of investigation and collection.

8. Taxes and independent contractor status

You are an independent contractor. Nothing in this Agreement creates an employment, agency, partnership, franchise or joint venture relationship, and you have no authority to bind BillingMart, to make commitments on its behalf or to accept payment for it. You bear every cost of your participation in the Program, and no expense is reimbursed unless BillingMart agrees to it in writing beforehand.

You are responsible for every tax on the Commission you receive. BillingMart reports payments as the law requires, which may include filing an information return (such as Form 1099-NEC) with the Internal Revenue Service when annual payments reach the reporting threshold, and may apply backup withholding when a valid taxpayer identification number is not on file or the Internal Revenue Service requires it. You must keep your tax information current and tell BillingMart promptly of any change to your name, entity type or taxpayer identification number.

This Agreement is non-exclusive. You may promote other products, and BillingMart may run other programs, work with other partners and sell directly, in any territory, without any obligation to you.

9. Marks and confidentiality

BillingMart grants you a limited, revocable, non-exclusive, non-transferable and non-sublicensable licence to use the Marks and the promotional assets BillingMart makes available in the partner portal, solely to promote BillingMart under this Agreement and in the form provided. You may not alter the Marks, combine them with other marks, use them in a domain name, account name or handle, or use them in a way that suggests sponsorship, endorsement or affiliation beyond this Agreement. All goodwill from your use of the Marks accrues to BillingMart. BillingMart may withdraw or change an approved asset at any time, and you must stop using a withdrawn asset within five business days of notice.

The terms of your participation, your rate, your Statements, your payout details, referral data, any information about BillingMart's customers and any non-public information BillingMart makes available to you are confidential. You may use them only to take part in the Program and may not disclose them to anyone except your professional advisers who are bound to keep them confidential, or as the law requires after notice to BillingMart where notice is lawful. You may not use the information of a Referred Workspace or its owner for any purpose other than the referral itself.

These obligations survive for three years after this Agreement ends, and for as long as the information remains a trade secret under applicable law.

10. Term, suspension and termination

This Agreement begins on the Effective Date and continues until terminated. Either party may terminate it at any time, for any reason or for no reason, by notice to the other. BillingMart may give notice by email to the address on your partner account or through the partner portal.

BillingMart may suspend your account at any time, with or without notice, while it investigates a possible breach or a payment problem, while required information is missing, or where the law or a payment provider requires it. During a suspension no Commission accrues, no payout is made and no new attribution is made to you.

BillingMart may terminate this Agreement for cause, effective immediately on notice, if you breach Section 4, Section 6 or Section 9, give false information, engage in fraud or in conduct that BillingMart reasonably believes harms it, its customers or its reputation, or breach any other provision and do not cure it within ten days of notice. On termination for cause every unpaid Commission, whether pending or payable, is forfeited.

If BillingMart terminates this Agreement without cause, or you terminate it, BillingMart pays your payable balance after the Hold Period of each line has ended, subject to Section 5, and the minimum payout threshold does not apply to that final payment. No Commission accrues on a payment collected after the termination date, whatever the date of the attribution, and no Commission is owed for a referral made after that date.

On termination you must stop using the Marks and every promotional asset, remove your links and take down content that presents you as a BillingMart partner, within five business days. Sections 2, 5 (as to amounts accrued, reversals and set-off), 7, 8, 9, 10, 12, 13 and 14 survive termination.

11. Changes to the Program

BillingMart may change this Agreement, the commission rate, the Term, the Hold Period, the minimum payout, the eligibility rules, the approved assets and any other aspect of the Program. BillingMart gives at least thirty days' notice of a change to the rate, the Term or the payout terms, by email or through the partner portal; other changes take effect when they are posted in the partner portal.

A change to the rate or the Term applies to workspaces attributed on or after the day the change takes effect. Workspaces attributed before that day keep the rate and Term in force when they were attributed, unless the change is required by law or you agree otherwise. If you do not accept a change, your only remedy is to terminate this Agreement before it takes effect. Continuing to take part after a change takes effect is acceptance of it.

BillingMart may end the Program at any time on thirty days' notice. When the Program ends, BillingMart pays payable balances under Section 10 as if it had terminated this Agreement without cause.

12. Disclaimers, indemnification and limitation of liability

The Program, the partner portal, the referral API, the Marks and the promotional assets are provided "as is" and "as available". BillingMart makes no warranty of any kind, express or implied, including any warranty of merchantability, fitness for a particular purpose, title or non-infringement, and no warranty that the Program will be uninterrupted or error-free or will produce any level of referrals, sign-ups or Commission. BillingMart does not promise that any Referred Workspace will remain a customer or pay any amount.

You will defend, indemnify and hold harmless BillingMart and its members, managers, officers, employees, contractors and agents from and against every claim, demand, loss, liability, damage, penalty, fine, cost and expense (including reasonable attorneys' fees) arising out of or relating to your sites, content, communications and promotional activity; your breach of this Agreement or of any law; any claim that your activity infringes or violates the rights of a third party; and any tax, withholding, penalty or interest attributable to payments made to you. BillingMart may take over the defence of a claim at its own expense, and you may not settle a claim that imposes any obligation on BillingMart without its written consent.

To the fullest extent the law allows, BillingMart's total liability to you arising out of or relating to this Agreement or the Program, whatever the cause of action, is limited to the Commission BillingMart actually paid to you in the six months immediately before the event giving rise to the claim. BillingMart is not liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for lost profits, lost revenue, lost business, lost data or the cost of substitute services, even if it was advised of their possibility. These limits apply to every theory of liability and are a fundamental part of this Agreement; where the law does not allow one of them, BillingMart's liability is limited to the greatest extent the law allows.

13. Governing law and disputes

This Agreement is governed by the laws of the State of New Mexico and the federal laws of the United States, without regard to conflict-of-laws rules. The Federal Arbitration Act governs the interpretation and enforcement of this Section.

Any dispute, claim or controversy arising out of or relating to this Agreement or the Program, including its formation, validity, breach or termination, that the parties cannot resolve informally within thirty days after one party gives written notice of it to the other, will be resolved by binding arbitration before a single arbitrator administered by the American Arbitration Association under its Commercial Arbitration Rules. The arbitration takes place in Santa Fe County, New Mexico, or by video conference if the arbitrator permits, and the arbitrator may award any relief a court could award to an individual party. Judgment on the award may be entered in any court with jurisdiction.

Each party may bring a claim only in its individual capacity, and not as a plaintiff or class member in any purported class, collective, consolidated or representative proceeding. The arbitrator may not consolidate the claims of more than one partner or preside over any form of representative proceeding. If this class-action waiver is found unenforceable as to a particular claim, that claim must be brought in court, and the remaining claims proceed in arbitration.

Either party may instead bring an individual claim in a small-claims court with jurisdiction, and either party may seek an injunction or other equitable relief in court to protect its intellectual property or confidential information. For any matter that proceeds in court, both parties waive any right to a jury trial, and the state and federal courts in New Mexico have exclusive jurisdiction.

Any claim arising out of or relating to this Agreement must be brought within one year after it arises, or it is permanently barred, to the extent the law allows.

Notices to BillingMart must be sent by email to legal@billingmart.com and by mail to BillingMart.com LLC, 116 E Live Oak Ave #1017, Arcadia, CA 91006. Notices to you are sent to the email address on your partner account and are effective when sent.

14. General

This Agreement, together with the Terms of Service, the Acceptable Use Policy and the Privacy Policy, is the entire agreement between the parties about the Program and replaces every earlier proposal, discussion and agreement about it. If this Agreement conflicts with the Terms of Service, the Terms of Service control, except that this Agreement controls as to the calculation and payment of Commission.

You may not assign, delegate or transfer this Agreement or any right under it, by operation of law or otherwise, without BillingMart's prior written consent, and any attempt to do so is void. BillingMart may assign this Agreement without restriction, including to a successor to its business.

If any provision of this Agreement is held unenforceable, it is enforced to the greatest extent the law allows and the remaining provisions stay in effect. A party's failure to enforce a provision is not a waiver of it. Neither party is liable for a delay or failure caused by events beyond its reasonable control, except for an obligation to pay money.

The parties agree that electronic records, electronic signatures and the records BillingMart keeps in the ordinary course of business are admissible and have the same force as paper originals. Headings are for convenience only, and "including" means "including without limitation".

Every provision that by its nature should survive termination survives, including the definitions, accrued payment, reversal and set-off rights, forfeiture, confidentiality, the licence restrictions, indemnification, the limitation of liability, governing law and dispute resolution, and this Section.

15. General Terms

• The Terms of Service control. This page forms part of, and is governed by, the Terms of Service, the Privacy Policy and the Acceptable Use Policy. If this page and the Terms of Service conflict, the Terms of Service control.
• No additional obligations. This page describes how BillingMart.com LLC ("BillingMart", "we", "us") operates. It does not create a contract, a warranty, a guarantee or any obligation beyond those in the Terms of Service and those that applicable law imposes, and nothing on it waives a right, defense, privilege or exemption available to BillingMart under the Terms of Service or the law.
• Disclaimers and limits apply. The warranty disclaimers, limitation of liability, governing law (New Mexico) and binding arbitration provisions of the Terms of Service apply to everything described here, to the fullest extent the law allows.
• No third-party beneficiaries. This page confers no rights or remedies on any person other than as applicable law requires.
• Changes. We may update this page at any time by posting a new version here; the "Last revised" date shows when it last changed. A change applies from when it is posted unless the law requires otherwise. Continued use of BillingMart after a change means you accept it.
• Severability. If any part of this page is found unenforceable, the rest remains in effect, and the unenforceable part is limited to the minimum extent necessary.
• Questions. Use our Contact page. For a privacy request, use the Data Removal Request page.