Welcome to Smart SwimSuits! Thanks for joining our Affiliate program.

These following terms and conditions apply to individuals who are accessing or using the Program both as a merchant (“we” or “merchant” or "company" ) and an affiliate (“you” or “affiliate”) who refers customers to use product or service from the merchant.

By participating in the Program, Affiliate agrees to use the Program in the manner specified in, and are bound by, these Terms and Conditions. If you do not agree to these Terms and Conditions in their entirety you are not authorized to register as an Affiliate or participate in the Program in any manner.

You may only participate in the Program if you are eighteen (18) years of age, or older.

You agree that your participation in the Program shall constitute express consent to
these Terms.

FAILURE TO COMPLY WITH THESE TERMS WILL RESULT IN IMMEDIATE
TERMINATION OF YOUR AMBASSADOR ACCOUNT AND ALL RELATED
PRIVILEGES, AS WELL AS FORFEITURE OF ALL UNPAID COMMISSIONS THAT
HAVE BEEN EARNED THROUGH YOUR PARTICIPATION IN THE AMBASSADOR
PROGRAM.

1. Approve or Reject of the Registration

We reserve the right to approve or reject ANY Affiliate Program Registration in our sole and absolute discretion. You will have no legal recourse against us for the rejection of your Affiliate Program Registration.

2. Affiliate Links and Coupon

Affiliate link is automatically generated, but you can also generate an affiliate link for a specific product or collection. If a person clicks on someone else’s referral link and then later they click on yours, yours is the one that counts.

Affiliate might or might not be assigned to one coupon code with details and usage clarified on Dashboard. If customer both click on the affiliate link and use coupon code, you will not receive a double commission. If you’re not assigned a branded coupon, then you’re not allowed to promote the coupon.

Affiliate may also advertise merchant website on online channels such as Facebook, Instagram,... or offline classified channel ads, magazines, and newspapers.

3. Commissions and payment

Refer any customer to make a purchase on our website, you will get a commission amount which is calculated based on Commission structure. Commission amount is dependent on order value and not including extra fee (tax, shipping cost,...). Commission starts from 15% and can grow up to 50% (by sales amount)

For an Affiliate to receive a commission, you need to specify the payment details on Settings. Payment schedule will be notified on Affiliate Guide page.

Payments will only be sent for transactions that have been successfully completed. Use of the Affiliate Program is subject to a fair use policy which gives merchant the right to review each and every referral order. Status of commission if displayed in Commission tab, any paid commission will be listed on Payment tab. Transactions that result in charge backs or refunds will not be paid out.

Commission payouts are issued 40 days after product delivery to allow for the Company’s 30-day return policy.

You can receive discount or free swimsuit at registration - depends on your followers amount.

Micro Ambassadors

Requirements:
• 1K–20K followers or strong engagement
• Genuine interest in sustainability, fashion, and ocean protection
• 1–3 posts or stories per month
• Positive, brand-aligned presence

Benefits:
• Personal discount to purchase product (25% off)
• No free products included. Free product will be received when achieve sales

Mid-Level Ambassadors

Requirements:
• 20K–100K followers
• Consistent content quality
• Alignment with sustainable/eco-lifestyle values
• Minimum monthly activity

Benefits:
• Personal discount to purchase product (50% off)
• Eligibility for free product after achieving a required sales threshold

Premium Ambassadors

Requirements:
• 100K–500K followers
• High-quality content and engagement
• Proven ability to drive awareness or sales
• Consistent monthly posting

Benefits:
• 1–2 free swimsuits approved after registration

You can applied for free swimsuit by providing to company content created by you

Every 30 days, Creator must deliver minimum:
• 1–2 videos (Reels, TikTok, or equivalent)
• 1–2 feed posts
• 1–5 stories
Content must feature SSS products.

Content must comply with Brand Guidelines that will be provided after registration.

If such a content will be provided

Creator grants Company a royalty-free, worldwide, perpetual license to use, repost, edit, publish, advertise, and distribute Creator’s content across all media including paid media, retail, wholesale, TV, and digital platforms.

Company is not required to provide credits though will make reasonable efforts to tag Creator when appropriate.

4. Marketing tool

We may share promotion media such as banner, logo or specific collection promotion to you through Marketing tool tab. You can download the media or get the HTML embed code in order to share on affiliate channels.

5. Network

If Network tab is activated, affiliate can invite others to become their downline affiliate. If any downline affiliate brings order to merchant shop, upline affiliate will also get network commission which depends on merchant settings.

To invite other affiliates into the system, share network link and any other affiliate who click on that link and sign up will become a downline affiliate.

6. Cookie

We use a cookie to track people who have clicked on your link, so they need to be using cookies for us to track them.

If a person doesn't allow cookies or clears their cookies then we can't track them so can't pay earnings on that person's activity.

Cookies day is said on the Affiliate registration form. The tracking day will start from the time a customer clicks on the affiliate’s link or use the coupon. Within the cookie time, every order made by this customer at merchant website will automatically result in commissions to the affiliate (There’s no need for the customer to click on the affiliate link then).

7. Removal from Referral Program

If an affiliate wishes to be removed from the affiliate program, they can do so by contacting: info@smartswimsuits.com.

8. Protection of Confidential and Proprietary Information

You recognize that the Company is engaged in a continuous program of product
development and marketing strategization regarding its business activities. As such, you agree as follows:

At all times during your participation in the Program, and perpetually thereafter, you will hold in confidence and will not disclose, use, publish or make copies of any of the
Company's Proprietary Information (defined below), except to the extent such
disclosure, use or publication may be: (i) is expressly authorized in writing or by email
by an officer of the Company; or (ii) is expressly required by law.

The term "Proprietary Information" shall mean private, confidential, trade secret or
other proprietary information (whether or not embodied or contained in some tangible
form) relating to any actual or anticipated business of the Company or its Ambassadors or any product development or marketing undertaken by the Company or its Ambassadors, or non-public information suggested by or resulting from any tasks assigned to Influencer or work performed by Influencer for or on behalf of the Company or its Ambassadors, whether disclosed to you before or after the Effective Date.

“Proprietary Information” shall not include any information that is: (i) generally known to the industry or the public; (ii) legitimately made available to Influencer by a third party without breach of any confidentiality obligation; or (iii) is part of Influencer's general skill and knowledge.

9. Indemnification

You shall indemnify, defend and hold harmless Company, and its parent companies,
subsidiaries, Ambassadors, shareholders, member, manager, officers, directors,
employees, agents, and representatives from and against any and all claims, costs,
proceedings, demands, losses, damages, and expenses (including, without limitation,
reasonable attorney’s fees and legal costs, which will be reimbursed as incurred) of any kind or nature, arising from or relating to, any actual or alleged breach of any of your representations, warranties, or covenants in these Terms or your negligence or
misconduct in participating in the Program. You may not settle any indemnified claim
against Company unless the settlement unconditionally releases Company of all liability. Company may participate in the defense of any indemnified claim at its expense. Company, at your expense, may undertake and control the defense of any indemnified claim in the event of the material failure of Influencer to undertake and control the same.

10. Non-Disparagement

You agree that you shall not orally or in writing criticize, disparage, make any negative
statements, or otherwise undermine the reputation of Company, or comment in any
negative way upon the business operations, products, services, employees, practices,
procedures, or policies of Company.

11. Miscellaneous.

Independent Contractors. The parties are independent contractors, and nothing in this Agreement shall be deemed or construed to create, or have been intended to create a partnership, joint venture, employment, or agency relationship between the parties. Each party agrees that it neither has nor will give the appearance or impression of possessing the legal authority to bind or commit the other party in any way except as expressly provided in this Agreement. You acknowledge and agree, and it is the intent of the parties hereto that you receive no company-sponsored benefits (e.g., paid vacation, sick leave, and/or medical insurance) from Company either as a contractor or employee, except as required by law. Any taxes imposed on you due to activities performed hereunder will be your sole responsibility.

Assignment. Neither party may assign any of its rights or obligations hereunder, whether by operation of law or otherwise, without the prior written consent of the other party. Any purported assignment, transfer, delegation, or other disposition is void, unless otherwise agreed to in writing. Notwithstanding the foregoing, Company may assign its interest in your Agreement to these Terms without your consent to an affiliate to or a third party acquiring (by sale, merger, reorganization, or otherwise) substantially all of Company’s assets or business.

Amendments. Company expressly reserves the right to modify these Terms at any time,
with or without notice to you. Your continued participation in the Program following any such change shall constitute and evidence your agreement to any such modification to these Terms.

Arbitration. Any controversy or claim arising out of or relating to these Terms, or the
breach thereof, shall be conclusively resolved through binding arbitration in Texas,
Texas under the Commercial Arbitration Rules of the American Arbitration
Association. Judgment on the award rendered by the arbitrator(s) may be entered in
any court having jurisdiction thereof. Each party shall bear its own costs and attorney
fees.

Governing Law and Venue. These Terms and all related documents, and all matters
arising out of or relating to the Program, whether sounding in contract, tort, or statute,
are to be governed by, construed in accordance with and enforced under the laws of the State of Texas, without giving effect to the conflict of laws provisions thereof to the extent such principles or rules would require or permit the application of the laws of any jurisdiction other than those of the State of Texas. Notwithstanding the foregoing provision (“Arbitration”), any legal suit, action or proceeding arising out of or relating these Terms, or the Program, must be instituted in the federal courts of the United States of America or the courts of the State of Texas, and each Party irrevocably submits to the exclusive jurisdiction of such courts in any such suit, action, or proceeding, and waive any objection based on jurisdiction or venue, including forum non conveniens. This Agreement shall be interpreted in accordance with the plain meaning of its terms and not strictly for or against any of the Parties hereto.

Severability. If any part of these Terms is determined by a court of competent
jurisdiction to be invalid or unenforceable, then the invalid or unenforceable provision
will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in full force and effect. If no enforceable provision can be substituted for any such invalid or unenforceable provision, then that provision will be deemed severable from the Agreement and will not affect the validity and enforceability of any remaining provisions in this Agreement.

No Waiver. Any failure of a party to enforce, for any period of time, any of these Terms
will not be construed as a waiver of such provisions or of the right of said party
thereafter to enforce each and every provision under these Terms.

Entire Agreement. These Terms constitute the complete and final agreement of the
parties pertaining to the Program and your participation in the same and supersede the parties’ prior agreements, understandings, and discussions relating to the Program.

Knowing and Voluntary Agreement. By applying to and electing to participate in the Program, you acknowledge that:

You have carefully read and fully understands all provisions of these Terms.
You knowingly and voluntarily agree to all of the conditions, expectations, and
obligations set forth in these Terms and agree to be legally bound by all of them.
You have been and hereby is advised in writing to consider these Terms and to
consult with an attorney in relation thereto; and
To the extent necessary or desired, you have consulted with counsel of your
choice concerning these Terms and have done so or freely chosen not to do so.

Go forward and refer!

We're very glad you've made it to the end of this important document.

We wish you all the very best. You can always re-visit these Affiliate Program terms and conditions in the future and if you have any questions you can send email to info@smartswimsuits.com for support.