Affiliate Program Agreement

Affiliate Program Agreement

1. The Program

This Agreement governs your participation as an affiliate/referral partner (“you,” “Affiliate”) in the Gemz Online Solar Referral Program operated by Gemz Online LLC, a Georgia limited liability company (“we,” “us,” “Company”). By signing up, checking the acceptance box, and receiving a referral link, you agree to these terms.

2. How It Works

You’ll receive a unique tracking link. When someone uses your link and completes a qualifying action (a purchase, booking, or other action we define per partner/campaign), you may earn a commission as described on the program’s public rate information at the time of the referral. Commission structures can vary by partner and campaign and may change prospectively — changes never apply retroactively to a referral already made.

3. No Guaranteed Income

Earnings are not guaranteed and depend entirely on your own effort, your network, and factors outside our control. Nothing in this program, in any marketing material, or in any conversation with program staff should be understood as a promise or guarantee of any specific income. Do not represent otherwise to anyone you refer or recruit.

4. Your Conduct

You agree not to:

  • Make false, misleading, or exaggerated claims about the product/service, the company, or potential earnings.
  • Spam — including unsolicited bulk email, text messages, or social media messages.
  • Bid on the Company’s trademarked terms in paid search advertising, or use the Company’s name/trademarks in a domain name, without written permission.
  • Create or use more than one Affiliate account, or coordinate with another person’s account, to claim more than one tier of commission on the same referral chain. Referring yourself as a genuine customer on a single real, completed transaction, under your own single account, is permitted.
  • Misrepresent your relationship with the Company, or fail to disclose that a link is a paid referral link where required by law (see Section 5).
  • Engage in any fraudulent, deceptive, or abusive practice, including but not limited to click fraud, incentivized/paid clicking, or automated/bot traffic generation.

Violation of any of the above may result in suspension, forfeiture of unpaid commissions tied to the violation, and/or termination.

5. FTC Disclosure

If you are located in the United States, the FTC requires you to clearly and conspicuously disclose your relationship with the Company (that you may earn a commission) whenever you share your referral link — in a blog post, social media caption, video description, or anywhere else. A simple disclosure like “I may earn a commission if you use this link” placed near the link is generally sufficient. This is your responsibility, not the Company’s.

6. Payment

  • Commissions are calculated and become eligible for payout according to the program’s payout schedule and any minimum payout threshold in effect (currently $50) — balances below the threshold roll over rather than being paid out until they clear it.
  • Payment is made via the payout method you provide (e.g., PayPal, Wise, or another method we offer) once a completed referral has cleared any applicable return/cancellation window.
  • We may reverse or deduct a commission if the underlying sale, booking, or action is refunded, cancelled, disputed, or found to be fraudulent.

7. Taxes

You are solely responsible for any taxes owed on commissions you earn. If you are a U.S. person and your total payments in a calendar year meet or exceed the applicable IRS reporting threshold, we are required to collect a completed Form W-9 (or Form W-8BEN if you are not a U.S. person) from you before further payment, and to report your earnings to the IRS on Form 1099-NEC (or applicable form) after year-end. We may withhold payment until required tax information is on file.

8. Term and Termination

Either party may end this Agreement at any time, for any reason, with or without notice. Upon termination, your referral link(s) will be deactivated. Commissions already earned for completed, qualifying referrals prior to termination remain payable per the normal payment terms in Section 6, subject to the reversal rights in that section.

9. Marketing Materials

Any banners, images, links, or copy we provide for your use remain our property (or that of our fulfillment partners, as applicable). You may use them only to promote the program as intended, and only for as long as you remain an active participant in good standing.

10. No Employment Relationship

You are an independent contractor, not an employee, agent, joint venturer, or partner of the Company. You are not entitled to any employee benefits.

11. Limitation of Liability

To the maximum extent permitted by law, the Company is not liable for any indirect, incidental, or consequential damages arising from your participation in this program. Our total liability to you under this Agreement is limited to the unpaid commissions actually owed to you at the time of any claim.

12. Changes to This Agreement

We may update these terms from time to time. Continued participation in the program after a change takes effect constitutes acceptance of the updated terms. Material changes will be communicated via email to the address on file.

13. Governing Law

This Agreement is governed by the laws of the State of Georgia, without regard to conflict-of-law principles.

14. Arbitration

Any dispute arising out of or relating to this Agreement will be resolved through binding arbitration administered in Grayson, Georgia, under the American Arbitration Association’s Commercial Arbitration Rules then in effect, rather than in court — except that either party may bring an individual claim in small claims court instead. You and the Company each waive any right to a jury trial and to participate in a class action. This section survives termination of this Agreement.