Affiliate Program Terms

1. Definitions

For the purposes of these Affiliate Terms:

• "Affiliate Program" means the Guac referral and commission program described in these terms.
• "Commission" means the monetary amount earned by the Affiliate for a Qualified Referral.
• "Qualified Referral" means a completed, paid purchase made by a new or returning customer who arrived at guac.online via the Affiliate's Referral Link within the Attribution Window and whose order was not subsequently refunded or charged back.
• "Referral Link" means the unique URL containing the Affiliate's referral code (e.g., guac.online?ref=CODE), used to attribute customer purchases to the Affiliate.
• "Attribution Window" means the 30-day period following a customer's click on a Referral Link, during which purchases by that customer are attributed to the Affiliate.
• "Hold Period" means the 30-day waiting period after a purchase, during which the associated Commission remains in "pending" status before becoming eligible for payout.

2. Enrollment and Acceptance

• You must have a valid Guac account to register as an Affiliate.
• You must be at least 18 years of age or the age of majority in your jurisdiction.
• Registration is subject to acceptance of these Affiliate Terms. By clicking "Join Affiliate Program" and checking the acceptance box, you confirm your agreement.
• The Company reserves the right to reject, suspend, or revoke any Affiliate registration at its sole discretion, with or without cause.
• The Company may modify enrollment criteria at any time without prior notice.

3. Program Overview

The Guac Affiliate Program grants you a non-exclusive, non-transferable, revocable right to promote Guac and earn Commissions on Qualified Referrals. This grant does not prevent the Company from appointing other affiliates, running its own promotions, or selling directly to customers, including customers you have previously referred.

4. Relationship of the Parties

You are an independent contractor. Nothing in these Affiliate Terms creates an employment, partnership, joint venture, or agency relationship between you and the Company. You have no authority to bind, commit, or represent the Company in any manner. You must not hold yourself out as an employee, officer, or authorized representative of Guac.

You are solely responsible for your own expenses, taxes, insurance, and compliance with applicable laws in connection with your participation in the Affiliate Program.

5. Affiliate Obligations

As an Affiliate, you agree to:

• Promote Guac honestly, accurately, and in good faith.
• Comply with all applicable laws, regulations, and industry guidelines, including consumer protection and advertising standards.
• Provide accurate and complete registration information, including legal name, email, payout details, and tax documentation.
• Keep your account information and payout details current.
• Not make any representations, warranties, or guarantees about Guac products or services beyond what is published on guac.online.
• Not engage in any activity that could harm the reputation or business interests of Guac.

6. Commission Structure

• The default Commission rate is 10% of the post-discount purchase price.
• The Company may offer custom Commission rates to individual Affiliates at its sole discretion. Custom rates may be adjusted or revoked at any time with written notice.
• Commissions apply to both initial eSIM purchases and subsequent data top-up purchases made by referred customers, provided the purchase occurs within the Attribution Window.
• Commissions are calculated on the net amount actually charged to the customer after all discounts, promotions, and credits have been applied.
• The Attribution Window is 30 calendar days from the customer's most recent click on your Referral Link. If a customer clicks multiple Affiliate links, the most recent click determines attribution (last-click model).
• Zero-dollar orders (orders fully covered by promotional credits or Guac Credit) do not generate Commissions.

7. Payment Terms

• All Commissions are subject to a 30-day Hold Period from the date of the associated purchase. During this period, Commissions remain in "pending" status.
• After the Hold Period, Commissions are automatically moved to "approved" status and become eligible for payout.
• The minimum payout threshold is $50.00 USD. Approved Commissions below this threshold will accumulate until the threshold is met.
• Payouts are processed in USD via PayPal, Wise, or bank transfer, based on the payout details you provide in your Affiliate dashboard.
• The Company processes payouts manually. There is no fixed payout schedule. The Company will make reasonable efforts to process payouts in a timely manner.
• You are solely responsible for all taxes, duties, and government charges applicable to your Commission income, including filing requirements such as IRS Form 1099-NEC (for US tax residents earning $600 or more in a calendar year).
• US tax residents must provide a completed W-9 form. Non-US persons must confirm their non-US tax status. Failure to provide required tax documentation may delay or prevent payout.
• The Company may withhold, offset, or deduct from pending or future payouts any amounts owed to the Company, including reversed Commissions from refunds or chargebacks.

8. Refunds, Chargebacks, and Reversals

Commissions are contingent on the underlying purchase remaining valid. If a referred customer receives a refund or files a chargeback or payment dispute:

• Commissions in "pending" or "approved" status will be reversed and removed from your balance.
• If a Commission has already been paid out, the reversed amount will be deducted from your next payout or future Commission balance.
• The Company has sole and final discretion over all Commission reversal decisions.
• Repeated chargebacks or refunds associated with your referrals may result in account review or termination.

9. Prohibited Practices

The following activities are strictly prohibited and may result in immediate termination of your Affiliate account, forfeiture of pending and approved Commissions, and permanent exclusion from the Affiliate Program:

• Self-referral: purchasing through your own Referral Link, or using multiple accounts, devices, or identities to generate Commissions on your own purchases.
• Cookie stuffing: forcing, injecting, or placing affiliate tracking cookies on users' browsers without their knowledge, consent, or genuine click.
• Spam: sending unsolicited bulk emails, messages, or communications to promote your Referral Link, or posting referral links in a manner that violates the terms of service of any platform.
• False or misleading advertising: making inaccurate claims about Guac's products, pricing, coverage, features, or any other aspect of the service.
• Trademark bidding: bidding on "Guac," "guac.online," or any related branded terms or misspellings in paid search advertising (Google Ads, Bing Ads, etc.) without written permission.
• Incentivized clicks or purchases: offering cash, credits, gift cards, or other incentives to users in exchange for clicking your link or making a purchase, unless approved in writing.
• Impersonation: creating websites, social media accounts, email addresses, or other properties that could reasonably be confused with official Guac channels.
• Fraudulent activity: generating fake clicks, fake accounts, artificial traffic, or any other activity designed to inflate Commissions through illegitimate means.
• Coupon or deal site abuse: listing unauthorized coupon codes or fabricating discounts attributed to Guac on coupon aggregator or deal sites.

10. Advertising Disclosure (FTC Compliance)

United States Federal Trade Commission (FTC) guidelines and equivalent regulations in other jurisdictions require that you clearly and conspicuously disclose your financial relationship with Guac whenever you promote your Referral Link or recommend Guac in exchange for Commission. This applies to all media, including blog posts, social media, videos, podcasts, emails, and reviews.

Your disclosure must be clear, prominent, and placed near the Referral Link or recommendation. Acceptable disclosures include statements such as: "affiliate link," "I earn a commission if you purchase through this link," or "ad." Burying disclosures in footnotes, terms pages, or "about" sections is not sufficient.

You are solely responsible for compliance with FTC guidelines and all applicable advertising disclosure requirements in your jurisdiction. The Company is not responsible for your failure to disclose.

11. Intellectual Property and Brand Usage

All intellectual property related to Guac, including but not limited to the name "Guac," the guac.online domain, logos, trademarks, service marks, trade dress, product designs, software, content, and documentation, are and remain the exclusive property of POLEX LLC.

• You may use the word "Guac" in plain text when accurately referring to the service in your promotional content.
• You may not use Guac logos, icons, product screenshots, or other brand assets without prior written permission from the Company.
• You may not register, purchase, or use domain names, social media handles, or app names that include "Guac" or any confusingly similar variation.
• You may not modify, adapt, reverse-engineer, or create derivative works based on any Guac intellectual property.
• Any limited license to use Guac intellectual property is revocable at any time and terminates automatically upon termination of your Affiliate account.

12. Confidentiality

You agree to keep confidential all non-public information related to the Affiliate Program, including but not limited to: your specific Commission rate (if custom), internal program communications, unpublished product or pricing information, and any data or analytics provided to you through the Affiliate dashboard.

This confidentiality obligation survives termination of your participation in the Affiliate Program.

13. Data Protection

The Company processes your personal data in accordance with our Privacy Policy. By participating in the Affiliate Program, you consent to the collection, use, and processing of your personal data as described therein, including your name, email address, payout details, tax documentation, and performance metrics.

You agree not to collect, store, or process personal data of referred customers beyond what is ordinarily available through your promotional activities (e.g., you may see aggregate click and conversion counts, but you will not receive customer names, emails, or order details).

14. Indemnification

You agree to indemnify, defend, and hold harmless POLEX LLC, its officers, directors, employees, agents, and affiliates from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable legal fees) arising out of or related to:

• Your promotional activities in connection with the Affiliate Program.
• Your violation of these Affiliate Terms or any applicable law or regulation.
• Any content you create, publish, or distribute that references Guac.
• Any claim by a third party related to your use of Guac intellectual property.

15. Limitation of Liability

To the maximum extent permitted by law, the Company shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from or related to your participation in the Affiliate Program, including but not limited to lost revenue, lost profits, or loss of business opportunity.

The Company's total aggregate liability to you under these Affiliate Terms shall not exceed the total amount of Commissions actually earned and unpaid to you at the time the claim arises.

The Company does not guarantee any specific level of sales, traffic, Commissions, or income from the Affiliate Program.

16. Termination

• Either party may terminate participation in the Affiliate Program at any time by providing written notice (email is sufficient).
• The Company may suspend or terminate your Affiliate account immediately, without notice, for cause, including violation of these Affiliate Terms, suspected fraud, prolonged inactivity (6 months or more with no Qualified Referrals), or any conduct the Company deems harmful to its business or reputation.
• Upon termination without cause, approved and unpaid Commissions will be paid out in the normal course, subject to the minimum payout threshold.
• Upon termination for cause, all pending and approved Commissions may be forfeited at the Company's discretion.
• Upon termination, you must immediately cease all promotional activities related to the Affiliate Program, remove or disable all Referral Links, and stop using any Guac intellectual property.
• Sections regarding Confidentiality, Indemnification, Limitation of Liability, and Governing Law survive termination.

17. Modifications

The Company reserves the right to modify these Affiliate Terms at any time. For material changes (such as changes to Commission rates, payment terms, or prohibited practices), the Company will provide at least 14 days' notice via email or through the Affiliate dashboard before the changes take effect.

Continued participation in the Affiliate Program after the effective date of any modification constitutes your acceptance of the updated terms. If you do not agree with the modified terms, you must terminate your participation before the effective date.

18. Governing Law and Dispute Resolution

These Affiliate Terms are governed by and construed in accordance with the laws of the State of Wyoming, USA, without regard to conflict of law principles. Any disputes arising from or related to these Affiliate Terms or the Affiliate Program shall be resolved exclusively in the state or federal courts located in Wyoming, USA. You consent to the personal jurisdiction of those courts.

19. General Provisions

• Severability: If any provision of these Affiliate Terms is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.
• Waiver: The Company's failure to enforce any right or provision of these Affiliate Terms shall not constitute a waiver of that right or provision.
• Entire Agreement: These Affiliate Terms, together with the Terms of Service and Privacy Policy, constitute the entire agreement between you and the Company regarding the Affiliate Program and supersede all prior agreements or understandings.
• Assignment: You may not assign or transfer your rights or obligations under these Affiliate Terms without the Company's prior written consent. The Company may assign its rights and obligations without restriction.
• No Third-Party Beneficiaries: These Affiliate Terms do not create any rights for any third party.

20. Contact

For questions about the Affiliate Program or these Affiliate Terms, contact us at support@guac.online.

Legal Entity: POLEX LLC, Wyoming, USA