Creator Program Terms

1. Overview

Welcome to the SmartStops Creator Program ("Program"). By participating in this Program, you ("Creator," "you," or "your") agree to be bound by these terms and conditions ("Terms"). Please read them carefully.

The SmartStops Creator Program allows content creators to earn revenue by referring new users to the SmartStops mobile application ("App").

2. Eligibility

To participate in the Program, you must:

• Be at least 18 years of age
• Have a valid payment method capable of receiving payments (e.g., PayPal, bank transfer)
• Comply with all applicable laws and regulations
• Not engage in fraudulent, deceptive, or misleading promotional practices

SmartStops reserves the right to reject or terminate any Creator's participation at its sole discretion.

3. How It Works

3.1 Referral Links

Upon acceptance into the Program, you will receive a unique referral link ("Creator Link"). When a user clicks your Creator Link and installs the SmartStops App, that user is attributed to you.

3.2 Attribution Window

Attribution is valid for twelve (12) months from the date of the user's initial app installation. After this period, any purchases made by that user will no longer be attributed to you.

3.3 First Touch Attribution

Attribution is assigned on a "first touch" basis. If a user clicks multiple Creator Links before installing, only the first Creator receives attribution. Attribution cannot be transferred or overwritten.

4. Revenue Share

4.1 Commission Rate

You will earn twenty-five percent (25%) of the Net Revenue generated from purchases made by users attributed to you.

4.2 Net Revenue Definition

"Net Revenue" is defined as the gross purchase price minus platform fees (Apple App Store and Google Play Store fees, assumed at 30%).

4.3 Qualifying Purchases

Commissions are earned on the following transaction types:

• Initial subscription purchases
• Subscription renewals
• One-time purchases

Commissions are not earned on:

• Free trials (until converted to paid)
• Promotional or gifted subscriptions
• Purchases made outside the attribution window

5. Refunds and Clawbacks

5.1 Refund Policy

If a user receives a refund for a purchase that generated a commission, the corresponding commission will be deducted from your account balance ("Clawback").

5.2 Negative Balance

If a Clawback results in a negative account balance, the negative amount will be deducted from future earnings. You will not be required to make direct payments to SmartStops for negative balances.

6. Payment Terms

6.1 Payment Schedule

Commissions are paid sixty (60) days after the transaction date. This delay accounts for potential refunds and payment processing.

6.2 Minimum Payout Threshold

Payments are issued when your available balance reaches a minimum of twenty-five US dollars ($25.00). If your balance is below this threshold, it will roll over to the next payment period.

6.3 Payment Methods

Payments are made via PayPal or bank transfer. You are responsible for providing accurate payment information.

6.4 Currency

All payments are made in US Dollars (USD). Currency conversion fees, if applicable, are your responsibility.

7. Tax Responsibility

7.1 Independent Contractor Status

You are an independent contractor, not an employee of SmartStops. You are solely responsible for all taxes, including income tax, self-employment tax, and any other applicable taxes.

7.2 Tax Documentation

If required by law (e.g., earnings exceed $600 USD in a calendar year for US-based Creators), you may be required to provide tax documentation (e.g., W-9 form) before payments can be issued.

7.3 Tax Withholding

SmartStops may be required to withhold taxes based on your jurisdiction. Any withheld amounts will be reported to you.

8. Creator Obligations

8.1 Accurate Representation

You agree to accurately represent SmartStops and the App. You will not make false claims about features, pricing, or benefits.

8.2 Disclosure Requirements

You must clearly disclose your affiliate relationship with SmartStops in accordance with FTC guidelines and applicable laws. Example disclosure: "I earn a commission if you sign up using my link."

8.3 Prohibited Activities

You agree NOT to:

• Use spam, unsolicited messages, or deceptive practices to promote your Creator Link
• Bid on SmartStops trademarks or branded keywords in paid advertising
• Create fake accounts or generate fraudulent installs/purchases
• Incentivize installs with cash, gift cards, or other rewards ("incentivized traffic")
• Misrepresent yourself as an employee or official representative of SmartStops
• Violate any applicable laws or platform terms of service

8.4 Non-Exclusivity and Competitor Restrictions

You are not required to work exclusively with SmartStops and may promote other brands and products. However, you agree NOT to:

• Promote directly competing family road trip planning applications using your SmartStops Creator Link
• Promote directly competing family road trip planning applications within the same piece of content (e.g., video, post, article, or story) where you promote SmartStops

For clarity, general travel, parenting, or lifestyle brands that are not direct competitors in the family road trip planning app category are permitted.

9. Intellectual Property

9.1 Limited License

SmartStops grants you a limited, non-exclusive, revocable license to use SmartStops logos, images, and approved marketing materials solely for promoting the App under this Program.

9.2 Brand Guidelines and Content Review

You agree to follow any brand guidelines provided by SmartStops. Promotional content does not require pre-approval from SmartStops. However, SmartStops reserves the right to review any promotional content featuring SmartStops at any time and may request modifications or removal of such content. If SmartStops requests modifications or removal, you will be notified in writing and must comply within forty-eight (48) hours of receiving notice. Failure to comply with removal requests may result in termination of your participation in the Program.

9.3 Your Content

You retain ownership of content you create. However, you grant SmartStops a non-exclusive, royalty-free license to use, share, or feature your promotional content for marketing purposes.

10. Term and Termination

10.1 Term

These Terms are effective upon your acceptance and continue until terminated.

10.2 Termination by You

You may terminate your participation at any time by providing written notice to help@smartstops.app.

10.3 Termination by SmartStops

SmartStops may terminate your participation at any time, with or without cause, by providing thirty (30) days written notice. In cases of fraud or material breach, termination may be immediate.

10.4 Effect of Termination

Upon termination:

• Your Creator Link will be deactivated
• Existing attributions will remain valid through their attribution window
• You will receive payment for any earned, unpaid commissions above the minimum threshold
• Balances below the minimum threshold will be forfeited

11. Limitation of Liability

11.1 No Guarantees

SmartStops does not guarantee any minimum level of referrals, conversions, or earnings. Your results depend on your own promotional efforts.

11.2 Limitation

TO THE MAXIMUM EXTENT PERMITTED BY LAW, SMARTSTOPS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS OR REVENUE.

11.3 Maximum Liability

SmartStops' total liability under these Terms shall not exceed the total commissions paid to you in the twelve (12) months preceding the claim.

12. Modifications

SmartStops reserves the right to modify these Terms at any time. We will provide notice of material changes via email or through the Creator dashboard. Continued participation after changes constitutes acceptance of the modified Terms.

13. Miscellaneous

13.1 Entire Agreement

These Terms constitute the entire agreement between you and SmartStops regarding the Program.

13.2 Governing Law

These Terms are governed by the laws of the State of Texas, without regard to conflict of law principles.

13.3 Dispute Resolution

Any disputes shall be resolved through binding arbitration in Austin, Texas, except where prohibited by law.

13.4 Severability

If any provision is found unenforceable, the remaining provisions shall continue in effect.

13.5 No Waiver

Failure to enforce any provision does not constitute a waiver of that provision.

14. Contact

For questions about these Terms or the Creator Program, contact: