Benchmark Email Affiliate Program Agreement

Effective date: June 1, 2026

This Affiliate Program Agreement ("Agreement") sets forth the terms and conditions between Polaris Software LLC, doing business as Benchmark Email, with headquarters in St. Louis, Missouri ("Benchmark", "we", "us", "our") and the participating partner ("Affiliate", "you", "your") in the Benchmark Email Affiliate Program (the "Program").

By registering for, or continuing participation in, the Program, you agree to be bound by these terms.

1. Program Overview

The Benchmark Email Affiliate Program allows approved affiliates to promote Benchmark Email through approved marketing channels and earn commissions for referred paying customers.

Affiliates will be provided access to a personal affiliate dashboard in TrackDesk, where they can:

• View real-time performance data (clicks, sign-ups, conversions).
• Track commissions and payment history.
• Access official promotional materials and links.
• Manage their account details.

2. Commission Structure

• Affiliates earn a 30% ongoing recurring commission for 30 months on all monthly payments made by referred customers.
• Affiliates earn a one-time 30% commission for annual payments made by referred customers who maintain their customer status for 60 days.

The commission is valid for as long as the referred customer’s account remains active and in good standing for the first 60 days.

3. Affiliate ID and Tracking Links

Once you are approved into the Benchmark Email Affiliate Program, TrackDesk will automatically generate a unique Affiliate ID for you.

This ID is used to identify you as a participant in the Program and to track all referrals, conversions, and commissions generated through your activities.

You will have access to your Affiliate Dashboard in TrackDesk, where you can:

• View your unique tracking links (Affiliate URLs).
• Generate new links targeting specific landing pages (when applicable).
• Monitor clicks, sign-ups, and commissions in real time.

Your Affiliate URL will contain your unique Affiliate ID to ensure accurate tracking of your referrals.

4. Payments

• Commissions are paid out on a monthly basis, provided the affiliate has reached a minimum threshold of $30 in earned commissions.
• Payments for commissions on monthly plans will be processed around the 15th of each month, and will pay out the previous month’s commissions.
• Payments for commissions on annual plans will be processed near the 15th of each month and will pay out commissions for customer accounts in good standing for the previous 60 days.
• Payment methods currently available: PayPal
• Payment methods are subject to review and update; affiliates will be notified of any changes

U.S. affiliates must provide a valid W-9 form to receive payments.

5. Tracking & Attribution

• Benchmark Email uses cookies to track referrals. The current cookie duration is 30 days.

In the event that a user is tied to more than one affiliate, credit will be given based upon first-touch attribution.

6. Affiliate Responsibilities

Affiliates agree to:

• Use only approved promotional materials (links, banners, logos, or assets provided by Benchmark).
• Promote Benchmark Email honestly, ethically, and in compliance with all applicable laws.
• Ensure that all email promotions are sent only to opt-in recipients with prior consent.
• Keep their affiliate account information up to date.

Affiliates are strictly prohibited from:

• Engaging in fraudulent, misleading, or deceptive practices, including cookie stuffing, click fraud, or incentivised traffic.
• Bidding on or using Benchmark Email trademarks in search engine ads without written approval.
• Sending unsolicited emails (spam) or using prohibited traffic sources.
• Creating unapproved or misleading marketing assets that may harm Benchmark’s reputation.
• Manipulating or falsifying referral data.

Violations of these rules will result in immediate termination from the Program and forfeiture of any unpaid commissions.

7. Paid Search and Trademark Restrictions

This section is a material term of the Agreement. Benchmark relies on paid search to acquire customers, and affiliate bidding on brand terms inflates our customer acquisition cost while diverting traffic we would otherwise convert directly. Affiliates are partners in growth, not arbitrageurs of our brand demand.

7.1 Definition of Brand Terms

"Benchmark Brand Terms" means, without limitation, any of the following, alone or in combination with any other word or phrase:

• "Benchmark Email", "Benchmark", "BenchmarkEmail", "Benchmark.com", "BenchmarkEmail.com"
• "Polaris Software", "Polaris", "BenchmarkONE", "BMO"
• Any other trademark, service mark, brand name, product name, or logo owned or used by Benchmark or its affiliates.
• Any misspelling, transliteration, plural, possessive, hyphenated, spaced, run-together, or phonetically similar variation of the above (e.g., "Benchark Email", "Bechmark", "Benchmarc", "Benchmark Emails", "Benchmark-Email").
• Any of the above combined with generic or modifier words (e.g., "Benchmark Email login", "Benchmark Email pricing", "Benchmark Email coupon", "Benchmark Email review", "Benchmark Email alternative", "Benchmark Email vs Mailchimp").
• Any competitor brand name combined with a Benchmark Brand Term (e.g., "Mailchimp vs Benchmark Email").
• Any URL containing benchmarkemail.com, benchmarkone.com, or any other Benchmark-owned domain, including subdirectories and parameters.

7. Marketing Materials

Benchmark Email provides affiliates with a range of marketing materials to help promote the program, including landing pages, banners, text ads, and more.

While we encourage the use of our pre-made email templates, affiliates must ensure that such emails are sent only to opt-in recipients (customers who have given explicit permission to receive marketing).

Sending emails to non-opt-in recipients is considered fraud and will result in the immediate termination of your participation in the Program and forfeiture of any commissions earned.

7.2 Prohibited Activities

Affiliates are strictly prohibited, in any paid advertising channel, including but not limited to Google Ads, Microsoft Advertising (Bing), Yahoo, Meta (Facebook/Instagram), TikTok, LinkedIn, X (Twitter), Reddit, YouTube, Amazon, Apple Search Ads, podcast networks, and any AI search ad placements, from:

• Bidding on, purchasing, or targeting any Benchmark Brand Term as a keyword, audience, interest, lookalike seed, or topic.
• Using any Benchmark Brand Term in ad copy, headlines, descriptions, display URLs, final URLs, ad extensions, sitelinks, or callouts.
• Using any Benchmark Brand Term in the visible or vanity URL of an ad (e.g., displaying "BenchmarkEmail.com" or any close variant).
• Direct-linking from any paid ad to benchmarkemail.com, benchmarkone.com, or any Benchmark-owned domain or subdomain.
• Cloaking, redirecting, or otherwise routing traffic from a Benchmark Brand Term ad to an affiliate landing page or affiliate link.
• Using dynamic keyword insertion, automated bidding, or broad-match settings that result in ads being served on Benchmark Brand Terms, regardless of intent.
• Bidding on competitor brand terms in combination with a Benchmark Brand Term.
• Running search engine optimization (SEO) practices designed to impersonate Benchmark, including titling pages "Benchmark Email Login", "Benchmark Email Official Site", or similar.

7.3 Required Negative Keywords

All affiliates running paid search campaigns of any kind must add Benchmark Brand Terms (and common variants) as negative keywords, set to broad match, before launching any campaign. Failure to maintain negative keywords is itself a violation of this Agreement, regardless of whether ads served.

A current list of required negative keywords is available in the affiliate dashboard. Benchmark may update this list at any time, and affiliates must apply updates within 7 calendar days of notification.

7.4 No Pre-Approval Exception

Earlier versions of this Agreement permitted brand bidding "with written approval." This exception is removed. Benchmark does not grant brand-bidding permission to any affiliate under any circumstances.

7.5 Monitoring and Audit Rights

Benchmark continuously monitors paid search auctions, ad placements, and SERPs. By participating in the Program, you grant Benchmark the right to:

• Audit your paid advertising campaigns, including requesting read-only access to your ad accounts (Google Ads, Meta, etc.) upon reasonable notice.
• Use third-party tools (e.g., SEMrush, Ahrefs, SpyFu, AdGooroo) to verify compliance.
• Treat any ad served on a Benchmark Brand Term that links directly or through any redirect chain to an affiliate URL as a violation by the affiliate whose link or Affiliate ID appears in the chain, unless the affiliate proves otherwise.

8. Commission Forfeiture

If Benchmark determines, in its reasonable discretion, that an affiliate has violated Section 6 or Section 7:

• All unpaid commissions associated with the affiliate's account are forfeited immediately, regardless of which referrals generated them.
• The affiliate's account may be terminated immediately and without notice.
• Benchmark reserves all rights and remedies available at law or in equity, including (without limitation) trademark infringement claims, recovery of attorneys' fees, and any other relief a court or arbitrator may award.

Nothing in this Agreement limits the remedies otherwise available to Benchmark with respect to commissions paid on traffic later determined to have violated this Agreement.

9. Marketing Materials

Benchmark Email provides affiliates with a range of marketing materials to help promote the program, including landing pages, banners, text ads, and more.

While we encourage the use of our pre-made email templates, affiliates must ensure that such emails are sent only to opt-in recipients (customers who have given explicit permission to receive marketing).

Sending emails to non-opt-in recipients is considered fraud and will result in the immediate termination of your participation in the Program and forfeiture of any commissions earned.

10. Confidentiality

Affiliates may receive confidential information (including business practices, systems, or customer data) during their participation in the Program. Affiliates must keep such information strictly confidential and not disclose it to any third party. This obligation survives termination of the Agreement.

11. Termination

• Either party may terminate this Agreement at any time, with or without cause, by providing written notice.
• Benchmark reserves the right to suspend or terminate any affiliate account immediately in cases of fraud, abuse, or violation of this Agreement, including any violation of Section 7.

Upon termination, affiliates will continue to receive commissions earned up to the termination date, provided they were earned in compliance with this Agreement and are not subject to forfeiture under Section 8.

12. Official Affiliate Contact

Benchmark will appoint an Affiliate Manager as the official point of contact for affiliates. This contact information will be made available in the affiliate dashboard. Suspected violations should be reported to the Affiliate Manager.

13. Limitation of Liability

Benchmark will not be liable for indirect, incidental, or consequential damages arising from participation in the Program. Our maximum liability under this Agreement will not exceed the total commissions paid to the affiliate in the preceding six (6) months.

14. Governing Law & Jurisdiction

This Agreement shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law principles. Any disputes arising under this Agreement shall be subject to the exclusive jurisdiction of the state and federal courts located in Delaware.

15. Changes to the Agreement

Benchmark reserves the right to update or modify this Agreement at any time. Updates will be posted in the affiliate portal. Continued participation in the Program after changes are posted constitutes acceptance of the revised terms.

16. Language

This Agreement is written in English. If it is translated into another language and there is a conflict, the English version will prevail.