1. Acceptance and Eligibility
This agreement governs participation in the Martini partner program (the “Program”), operated by C47, Inc. (“Company,” “we,” “us”). It supplements our Terms of Service, which are incorporated by reference. By applying to or participating in the Program you accept this agreement.
You must be at least 18 years old, provide accurate application and payout information, and keep it current. Participation is limited to one partner account per person or entity. Admission to the Program, and each application, is at our sole discretion.
2. Relationship of the Parties
Partners are independent contractors. Nothing in this agreement creates an employment, agency, joint-venture, or legal partnership relationship, and the use of the word “partner” is descriptive only. You may not make commitments on our behalf.
3. Commissions
Approved partners earn a commission of 25% of net subscription revenue from each referred customer, for that customer’s first 12 months of paid subscription, measured from their first settled subscription payment. Partners with 25 or more referred customers holding active paid subscriptions earn 30% on payments settled after that threshold is met.
“Net subscription revenue” means amounts we actually receive for eligible subscription plans, excluding refunds, chargebacks, taxes, payment-processing adjustments, and discounts. Excluded from commissions entirely: credit (olive) top-ups, one-time purchases, enterprise or custom contracts, complimentary or trial plans, and any purchase made by you or on accounts you own or control.
We may verify referrals and commissions and may withhold, void, or adjust any commission that results from a violation of this agreement, fraud, or error, at our reasonable discretion.
4. Attribution
Referrals are attributed through your unique link. When someone follows it, your link is remembered in their browser for 30 days; if they create an account within that window, the account is bound to you permanently and is not reassigned. If a visitor follows a different partner’s link before signing up, the most recent link prevails. Attribution requires our tracking to function normally — we are not responsible for referrals that cannot be attributed because tracking was blocked, cleared, or circumvented.
5. Payouts
Payouts are processed monthly through our payout provider (currently Dub) once your payable balance reaches $100. Each commission becomes payable 60 days after the underlying payment settles. You must complete the payout provider’s onboarding, including payout method and applicable tax documentation (e.g., W-9 or W-8BEN), before payouts can be sent. Amounts are calculated and paid in US dollars; payout-provider fees or currency conversion costs applied by third parties are outside our control.
6. Refunds, Chargebacks, and Clawbacks
If a commissioned payment is refunded, charged back, or otherwise reversed, the matching commission is voided if not yet paid, or deducted from your future payouts if already paid. We may offset any amounts you owe us under this agreement against amounts payable to you.
7. Prohibited Conduct
Each of the following is a material breach of this agreement:
- Self-referral: referring yourself, or accounts you own, control, or financially benefit from.
- Bidding on “Martini,” “martini.film,” or confusingly similar terms (including misspellings) in paid search, or using them in ad display URLs.
- Listing your link or any discount on coupon, deal, cashback, or discount-code sites or extensions.
- Unsolicited bulk messaging (spam), or any promotion that violates applicable law, including CAN-SPAM and equivalent regulations.
- Misleading, deceptive, or unsubstantiated claims about Martini, or impersonating Martini or its team.
- Generating clicks, signups, or purchases through bots, incentives, or any artificial means.
- Promoting Martini alongside unlawful, hateful, or adult content, or in any context that damages the brand.
8. Disclosure and Compliance
You must clearly and conspicuously disclose your material connection to Martini in any content containing your link, as required by the FTC Endorsement Guides and equivalent rules in your jurisdiction, and you must comply with all laws applicable to your promotion, including data-protection laws.
9. Trademarks and Content
We grant you a limited, revocable, non-exclusive license to use the Martini name and logo solely to promote the Program in accordance with this agreement and any brand guidelines we provide. You may not register domains, social handles, or apps containing our marks, or modify our marks. This license ends when your participation ends.
10. Term, Suspension, and Termination
Either party may end participation at any time, with or without cause, on notice (email suffices). We may suspend your account and withhold payouts during a good-faith investigation of suspected fraud or breach. On termination: commissions properly earned in good standing are paid on the normal schedule; commissions connected to a breach are void; your license to our marks ends; and your link stops attributing new referrals.
11. Program Changes
We may modify the Program or this agreement — including commission rates, eligibility, and payout mechanics — prospectively, with notice to the email on your partner account. Changes do not reduce commissions already earned. Continued participation after the effective date constitutes acceptance.
12. Disclaimers and Limitation of Liability
The Program is provided “as is.” We do not guarantee any level of referrals, conversions, or earnings. To the maximum extent permitted by law, our total liability arising out of the Program is limited to the commissions paid or payable to you in the 12 months preceding the claim, and neither party is liable for indirect, incidental, or consequential damages.
13. Indemnification
You will indemnify and hold the Company harmless from claims arising out of your content, your promotion methods, or your breach of this agreement or applicable law.
14. Governing Law and Disputes
The governing-law and dispute-resolution provisions of our Terms of Service (including arbitration and class-action waiver, where applicable) apply to this agreement. If any provision here is unenforceable, the remainder stays in effect. This agreement and the Terms of Service are the entire agreement regarding the Program.