Benchmark Email Affiliate Program Agreement

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 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. 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.

8. 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.

9. 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.

Upon termination, affiliates will continue to receive commissions earned up to the termination date, provided they were earned in compliance with this Agreement.

10. 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.

11. 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.

12. Governing Law & Jurisdiction

This Agreement shall be governed by and construed in accordance with the laws of the State of Missouri, United States. Any disputes arising under this Agreement shall be subject to the exclusive jurisdiction of the state and federal courts located in Missouri.

13. 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.