Partner Program Agreement
Draft, pending legal review.
1. Who this agreement is between
This Partner Program Agreement (the "Agreement") is between Laivisson OÜ, a company registered in Estonia at Karamelli tn 2, Pärnu mnt 139b, 11317 Harju maakond, Estonia, which operates Publisha AI ("Publisha", "we", "us"), and you, the person or company taking part in the Publisha AI Partner Program ("Partner", "you").
The Agreement covers your participation in the Partner Program: referring customers, earning commissions and bonuses, and receiving payouts. Your use of the Publisha AI platform itself is governed by the Terms of Service and the AI Usage Policy. If this Agreement and the Terms of Service conflict on a matter concerning the Partner Program, this Agreement applies.
You accept the Agreement by ticking the acceptance box when you apply, or by accepting a new version in the portal. We record the version you accepted and when.
2. Eligibility and applications
- You must be at least 18 years old and able to enter into a binding contract. If you apply for a company, you confirm that you may bind it.
- You may hold one partner account. The information you give us, including your tax and payout details, must be accurate and kept up to date.
- You may not take part if you, or the company you represent, are subject to sanctions, or if our payment providers cannot pay you lawfully.
- Applications are approved automatically once you accept this Agreement. We do not accept disposable email addresses. We may decline or close an account that gives false information, breaks this Agreement, or belongs to someone whose account we suspended or closed before.
3. Your referral link and discount code
When you are accepted you receive a personal referral link and a discount code. Both are tied to your account and may not be sold, transferred or shared with another partner. You may customise your link name, but we may refuse or withdraw a name that is misleading, offensive or infringes someone else's rights. Links you have already shared keep working after a change.
4. Qualified referrals and attribution
- A qualified referral is a new customer who has never had a paid Publisha AI subscription and who either arrives through your referral link and signs up within 60 days, or enters your discount code at checkout.
- If a visitor uses links from several partners, the last link clicked before sign-up wins. A discount code entered at checkout takes priority over any link.
- Commission starts with the customer's first successful payment. Trials earn nothing until the customer pays.
- Not qualified: you, your own accounts, accounts you control or pay for, existing or former paying customers, and customers who arrive through activity that breaks section 9.
- Our tracking records decide attribution. If you believe a customer is missing, send us their email and sign-up date within 30 days of the sign-up through the Support page. If they used your link or code, we will attribute them to you.
5. Customer discount
Customers you refer receive 20% off their first 3 months of a monthly paid plan, or 5% off the first year of a yearly plan, automatically through your link or through your code. The discount cannot be combined with other Publisha AI offers unless we say so. We may change the discount for future customers with notice under section 15; customers who already received it keep it.
6. Commission
- You earn a commission on every payment a qualified referral makes on their first paid subscription, for up to 12 months after their first payment, including renewals and upgrades of that subscription.
- If the customer cancels or that subscription ends, commission on that customer stops, even if they subscribe again later. A new subscription does not restart or extend the 12 months. A failed payment that is collected through our automatic retries does not end the subscription.
- Commission is calculated on the amount the customer actually paid, after discounts and excluding VAT and other taxes.
- Your commission rate depends on your number of active referred customers (customers currently on a paid plan): {{t1}}, 0 to {{m2e}} customers, {{r1}}%; {{t2}}, {{m2}} to {{m3e}} customers, {{r2}}%; {{t3}}, {{m3}} or more customers, {{r3}}%. The rate that applies to a payment is your tier on the day of that payment.
- Commissions are calculated and paid in euros (EUR).
7. Bonuses
- Milestone bonuses are paid once each time your total of paying referred customers reaches 10 customers (€50), 25 customers (€100), 50 customers (€200), 100 customers (€400) and 250 customers (€1,000).
- Monthly bonus: €100 when 20 qualified referrals start paying in the same calendar month.
- A customer counts toward a bonus only after their second successful payment. Bonuses are added to your next payout.
- We may change or end bonus programs for the future with notice under section 15. Bonuses you have already earned are not affected.
8. Holding period, reversals and payouts
- Each commission is pending for 30 days after the customer's payment. If the payment is refunded, charged back or found to be fraudulent in that time, the commission is cancelled.
- After 30 days the commission is approved. If a payment is refunded or charged back after the commission was paid, we may deduct the amount from your future commissions.
- Approved commissions and bonuses are paid automatically on the 1st of each month once your approved balance is at least {{min0}}. Smaller balances carry over to the next month.
- We pay by bank transfer through Stripe or through Wise. You must connect a valid payout method and complete your tax details before your first payout. Our payment providers may verify your identity; if they cannot, we cannot pay you.
- For your security, a change of payout method takes effect only after you confirm it by email and a 48-hour hold.
- We pay the transfer fees charged by our payment provider. Fees charged by your own bank, or for converting euros into another currency, are yours.
- If we cannot pay you because your details are missing or invalid, we keep your balance until you correct them.
9. How you may promote Publisha AI
You must promote Publisha AI honestly and lawfully. In particular:
- Disclose the partnership. Clearly mark every post, video or message that contains your link or code as advertising or a paid partnership (for example "#ad" or "Paid partnership"), as required by the law of your country and the rules of each platform.
- No brand bidding. Do not bid on "Publisha", "Publisha AI" or misspellings of them in paid search ads, and do not use them in domain names, app names, social media handles or ads that could be mistaken for ours.
- No spam. Do not send unsolicited emails or messages, post in comment sections in bulk, or use bots or fake accounts.
- No manipulation. Do not use cookie stuffing, hidden or forced clicks, pop-unders, or rewards paid to people for clicking or signing up.
- Coupon and deal sites. You may publish your code on coupon and deal sites. Describe the discount accurately and do not present the code as an official Publisha AI promotion.
- Accurate claims. Describe Publisha AI, its prices and the discount accurately. Do not promise results or earnings, and do not present yourself as Publisha AI or as our employee.
- Content standards. Do not place your link or code next to content that is illegal, hateful, sexual, violent or misleading. If you create promotional content with Publisha AI, the AI Usage Policy applies.
10. Brand assets
While this Agreement is in force we give you a limited, non-exclusive, non-transferable and revocable licence to use the logos, screenshots, videos and caption templates we provide in the portal, only to promote Publisha AI and only as described in our brand guidelines. Do not change, recolour or combine our logos with other marks. All rights in the Publisha AI name and brand stay with us, and you may not register them or anything confusingly similar. The licence ends when the Agreement ends.
11. Your content and the leaderboard
You keep all rights in the content you create. If you reach a tier that includes being featured on Publisha AI channels, we will ask for your permission before we republish your content or use your name or likeness. On the leaderboard we show only your first name and initial, and you can leave the leaderboard at any time in the portal.
12. Relationship between us
You act as an independent contractor. Nothing in this Agreement creates employment, agency, partnership in the legal sense or a joint venture, and you cannot make commitments on our behalf. The Program is non-exclusive: you may promote other products, and we may work with other partners.
13. Taxes
You are responsible for declaring your commissions and bonuses and for paying any taxes and social contributions due on them. The amounts we pay are stated as gross amounts. We may ask for tax forms or a VAT number, and we may withhold tax where the law requires us to. Payout receipts and yearly statements are available in the portal.
14. Confidentiality and data protection
- Keep confidential any non-public information we share with you, such as unreleased features you see through early access, until we make it public.
- Customer information in the portal is shown to you masked. Do not try to identify customers or contact them using information from the portal.
- Each of us is responsible for the personal data we process. If you collect personal data from your audience, you must do so lawfully. How we process your data is explained in the Partner Privacy Notice.
15. Changes to this Agreement
The rates, bonuses, discount and periods above are the Program terms in force; the portal always shows the current values. We may update this Agreement and the Program, for example the commission rates, bonuses or discount. We will tell you about material changes by email and in the portal at least 30 days before they take effect, show you what has changed, and ask you to accept the new version.
- A change never reduces commissions or bonuses you earned before it takes effect. Until you accept the new version you cannot use the partner portal, but approved commissions continue to be paid automatically to your payout method, we send receipts and statements on request, and you can leave the Program at any time.
- If you have not accepted the new version by the date it takes effect, your link and code keep working and new customers are still attributed to you. Commissions from customers whose first payment falls after that date are held, not cancelled, and are released in full as soon as you accept.
- If you have not accepted 60 days after the new version took effect, your participation ends as described in section 16. Commissions held under this section are then paid with your final payout.
16. Suspension and termination
- You may leave the Program at any time in Settings. We may end your participation with 30 days' notice for any reason. Participation also ends if you do not accept an updated version of this Agreement within the period set out in section 15; the 30-day notice of the change counts as that notice.
- We may suspend your account immediately, and hold any commission under review, while we investigate a suspected breach of section 4 or 9, fraud, or a risk to our customers or brand. We will tell you the reason unless the law prevents us.
- If we find a material breach or fraud, we may end your participation immediately, cancel commissions and bonuses that resulted from it, and recover amounts already paid for it.
- When participation ends, your link and code stop working. Unless it ended because of a breach or fraud, we pay commissions on payments made before the end date once they are approved, on the next payout date, even if the balance is below €50. No commission is earned on payments made after the end date.
17. Warranties and liability
- The Program is provided "as is". We do not guarantee any level of earnings or that tracking and the portal will be available without interruption.
- To the extent the law allows, neither of us is liable for indirect or consequential damages or lost profits, and our total liability under this Agreement is limited to the commissions and bonuses paid to you in the 12 months before the claim. Nothing in this Agreement limits liability for intent or gross negligence or any liability that cannot be limited by law.
- You will compensate us for third-party claims, fines and reasonable costs that arise from your promotional content or from your breach of this Agreement.
18. Governing law and disputes
This Agreement is governed by the laws of Estonia. Disputes will be resolved by the courts of Tallinn, Estonia, unless mandatory law gives you the right to go to another court. Before going to court, please contact us so we can try to resolve the matter together.
19. General
- This Agreement, together with the documents it refers to, is the entire agreement between us about the Program. If any part is invalid, the rest remains in force.
- You may not transfer this Agreement to someone else. We may transfer it to a company that takes over the Publisha AI business, and we will tell you if we do.
- We send notices to the email address of your partner account. You can send notices to [email protected].
- This Agreement may be offered in other languages for convenience. If versions differ, the English version applies.
20. Contact
Laivisson OÜ, Karamelli tn 2, Pärnu mnt 139b, 11317 Harju maakond, Estonia
Email: [email protected]