Referral Partner Agreement
This Referral Partner Agreement ("Agreement") is between My Swiftly Inc. ("Swiftly", "we", or "Company"), a Florida C-Corporation (EIN 39-3679860), and you, and governs your participation in the Swiftly Referral Program ("Program"). Throughout this Agreement the terms Partner and Affiliate are used interchangeably and refer to the same role. Whether this Agreement refers to you as a Partner, an Affiliate, or a partner and affiliate, all references describe the same relationship between you and My Swiftly Inc. under this Agreement.
This is a two-tier referral program. It is not a multi-level marketing plan. Throughout this Agreement the following defined terms apply: Referral Program, Activation Bonus, Matrix Position, and Direct Sponsor. The terms downline, distributor, and compensation plan do not apply to this Program and are not used.
By applying to or participating in the Program, you confirm that you have read, understood, and agree to be bound by this Agreement in full.
1. Program Eligibility
The short version. To be a partner and affiliate you need to be 18 or older, have an active Swiftly account in good standing, complete your Stripe Connect KYC onboarding, and have a legitimate way to promote Swiftly to real people.
The legal version.
- You must be at least 18 years of age.
- You must maintain a Swiftly account in good standing throughout your participation in the Program.
- You must complete Stripe Connect Express KYC onboarding before any commission payout is issued. No payouts will be released to accounts that have not completed KYC.
- You must have a legitimate online presence or established marketing channel through which you promote Swiftly.
- You must promote Swiftly in compliance with applicable law, our brand guidelines, and the terms of this Agreement.
- You must not be located in a jurisdiction where participation in referral programs is prohibited by applicable law.
2. Commission Structure
2.1 Direct Referral Commissions
The short version. When someone signs up and pays through your referral link, you earn 25% of their first payment. From their second payment onward, you earn 40% of every payment they make for as long as they stay a paying customer and your account is in good standing.
The legal version.
- First Payment Commission: 25% of the net qualifying purchase amount on the referred customer's first payment to Swiftly.
- Recurring Commission: 40% of each subsequent qualifying payment made by the referred customer, continuing for the duration of their active subscription and for as long as your partner and affiliate account remains in good standing.
- Qualifying purchases include all Swiftly subscription plans and lifetime access offers. Commissions are calculated on the net payment amount after applicable taxes and Stripe processing fees.
- Recurring commissions cease immediately upon termination of your partner and affiliate account for any reason.
2.2 Matrix Activation Bonus
The short version. You have a 2x2 Matrix. Two positions at Level 1 directly under you, and four positions at Level 2 under those. When a paying user fills one of those Matrix Positions, you earn a one-time Activation Bonus equal to 20% of their first payment. This is a one-time bonus per position, not a recurring commission. Positions fill in order, top to bottom and left to right, based on when payments clear. The company controls this. There are no manual overrides.
The legal version.
- Each partner and affiliate has a 2x2 Matrix consisting of two Level 1 Matrix Positions and four Level 2 Matrix Positions.
- When a qualified paying user fills a Matrix Position linked to a partner and affiliate, that partner and affiliate receives a one-time Activation Bonus equal to 20% of that user's first qualifying payment.
- Activation Bonuses are one-time per filled position. They are not recurring commissions and do not continue on subsequent payments from the user occupying that position.
- Matrix Positions fill only upon a cleared paid subscription. Free accounts, trial accounts, and payments in a pending or uncaptured state do not fill Matrix Positions.
- Spillover is company-controlled and deterministic: positions fill top-down, left-to-right, in chronological order of cleared paid activations. No manual overrides are available at any level to any party.
- If the payment that activated a Matrix Position is refunded or charged back within 30 days of the original transaction, the Activation Bonus is clawed back, the Matrix Position vacates, and the position refills with the next qualifying paid activation in chronological order.
3. Payout Terms
The short version. Payouts are instant via Stripe Connect the moment a payment clears. There is no minimum. You must complete Stripe Connect KYC first or nothing gets paid out. All payouts are ACH or wire only. No PayPal, no checks. If any sale you were involved in gets refunded or charged back, you move to a 30-day hold. Clean 30 days gets you back to instant. Any new refund or chargeback resets the clock.
The legal version.
- Default payout: instant via Stripe Connect upon a cleared qualifying payment. Minimum payout threshold: $0.
- Stripe Connect Express account with completed KYC and onboarding is required before any payout is issued under any circumstance.
- All payouts are made via ACH or wire transfer through Stripe Connect exclusively. PayPal and check payments are not available.
- Hold trigger: any refund or chargeback on a sale where the partner and affiliate earned a commission moves that partner and affiliate to 30-day hold status immediately upon initiation of the refund or dispute.
- Hold mechanics: all commissions earned while on hold are paid on day 31 after they are earned, not instantly.
- The Direct Sponsor of a refunded or charged-back sale also moves to 30-day hold status immediately upon initiation of the refund or dispute.
- Restoration to instant payout: completing a clean 30-day window with zero refunds and zero chargebacks on the partner and affiliate's referrals restores instant payout status automatically.
- Repeat trigger: any new refund or chargeback during or after the hold period restarts the 30-day clock from the date of the new event.
3a. International Wire Payouts (Last-Resort Method)
The short version. Stripe Connect is the default and only standard payout method. If Stripe Connect is not available in your country or your Stripe Connect application is rejected, we can pay you by international wire from our business bank as a last resort. Our bank charges a $20 USD fee per international wire which is deducted from your payout, and your unpaid balance must reach $50 USD before an international wire is issued. International wire is not a choice you can opt into — it is a fallback we offer only when Stripe Connect cannot work for you.
The legal version.
- Eligibility: international wire payout is available only to partners and affiliates for whom Stripe Connect Express is unavailable in their country or whose Stripe Connect application has been rejected or restricted by Stripe for reasons outside Swiftly's control. Stripe Connect remains the required default for every partner and affiliate where it is supported.
- Wire fee: a fixed bank fee of $20 USD is deducted from each international wire payout to cover the originating international wire fee charged by Swiftly's business bank. This fee is non-negotiable and is in addition to any intermediary bank fees, correspondent bank fees, or recipient-bank fees that the partner and affiliate's own bank may charge on receipt, which are the partner and affiliate's sole responsibility.
- Minimum payout amount: the minimum international wire payout is $50 USD net of the $20 wire fee (i.e. the partner and affiliate's unpaid earned commission balance must reach at least $50 USD before a wire is initiated). Balances under the $50 minimum will accrue and roll over to subsequent payout cycles until the threshold is met.
- Payout frequency: international wire payouts run on a periodic batch basis (typically monthly) rather than instantly. Specific cadence is published in the partner and affiliate dashboard and may change at Swiftly's discretion with reasonable notice.
- Required documentation: the partner and affiliate must submit accurate bank routing details (IBAN, SWIFT/BIC, any country-specific codes such as BSB, IFSC, sort code, or transit number) and a properly completed and signed IRS Form W-8BEN (individuals) or W-8BEN-E (entities) before any international wire payout is issued. Incomplete or inaccurate submissions void any pending payout until corrected.
- Acknowledgement of fees: by submitting bank information for international wire payouts, the partner and affiliate expressly acknowledges and agrees to the $20 USD per-wire fee and the $50 USD minimum payout threshold described in this section.
- Currency: all international wires are originated in USD. Conversion to the partner and affiliate's local currency, and any FX spread or fee associated with that conversion, is performed by the partner and affiliate's receiving bank and is the partner and affiliate's sole responsibility.
- Refusal or return: if a wire is returned, refused, or otherwise undeliverable due to incorrect or stale bank details provided by the partner and affiliate, any return fees charged by the bank are deducted from the partner and affiliate's balance, and the partner and affiliate must submit corrected details before the payout can be re-initiated.
- Switch back to Stripe Connect: if Stripe Connect later becomes available in the partner and affiliate's country, the partner and affiliate is required to complete Stripe Connect onboarding, and payouts will revert to the standard Stripe Connect terms in Section 3 above on the partner and affiliate's next payout cycle.
4. Clawbacks
The short version. If a sale gets refunded or charged back, every commission earned on that sale gets clawed back from everyone who earned it including the Direct Sponsor and any Activation Bonuses. If your Stripe Connect balance covers it, it gets debited right away. If not, you carry a negative balance that comes off your next earnings. If you have no future earnings in 90 days, the debt can be sent to collections.
The legal version.
- A refund or chargeback on any qualifying sale results in commission debited from every partner and affiliate who earned on that sale, including the Direct Sponsor and any partners and affiliates who received Matrix Activation Bonuses.
- If the partner and affiliate's Stripe Connect balance is sufficient to cover the clawback, the debit occurs immediately.
- If the Stripe Connect balance is insufficient, a negative balance is recorded against the partner and affiliate's account and is deducted from future earnings before any payout is issued.
- If a partner and affiliate has no future earnings within 90 days of a recorded negative balance that remains unsatisfied, the outstanding amount is collectible as a debt under this Agreement and may be referred to a third-party collections agency.
5. Prohibited Conduct
The short version. Do not game the system. The full list below covers every way this gets abused. Any single violation means you lose all unpaid commissions, get permanently banned from the Program, and face a 90-day retroactive clawback of everything already paid out.
The legal version.
- Self-referrals of any kind, including creating secondary accounts to generate referral commissions to yourself.
- Family or household referrals where the referred customer shares a payment method, IP address, or device fingerprint with the partner and affiliate.
- Cookie stuffing, iframe stuffing, or any method of forced or artificial click attribution.
- Bidding on the trademarks Swiftly or My Swiftly in paid search advertising on any platform without prior written consent.
- Spam, unsolicited email, or promotion to purchased, rented, or scraped email lists.
- Misleading claims about Swiftly's features, results, or pricing.
- Fake testimonials, fabricated screenshots, or manufactured social proof of any kind.
- Coupon stacking abuse or exploitation of promotional mechanics not intended to be combined.
- Creating fake accounts or fraudulent subscriptions to inflate Matrix Positions or commission counts.
- Penalty for any violation: immediate forfeiture of all unpaid commissions, permanent ban from the Program, and a 90-day retroactive clawback of all previously paid commissions.
6. Permitted Promotional Methods
The short version. You can promote Swiftly through your own website, social media, email list, paid ads where platforms allow it, and content like YouTube or podcasts. Just disclose that you earn a commission. That is required.
The legal version.
- Your own website, blog, or online publication.
- Your own social media accounts and profiles.
- Email marketing to your own opt-in subscriber list in compliance with CAN-SPAM, CASL, and all applicable anti-spam laws.
- Paid advertising on platforms that permit affiliate and referral promotions, subject to the prohibitions in Section 5.
- YouTube, podcasts, webinars, and other content formats where the referral relationship is clearly disclosed.
7. Disclosure Requirements
The short version. You have to tell your audience you earn a commission if they buy through your link. This is required by the FTC and the law. Put it where people can actually see it, not buried in fine print.
The legal version.
Partners and affiliates must clearly and conspicuously disclose their referral relationship with Swiftly in all promotional content in compliance with FTC Endorsement Guides (16 C.F.R. Part 255) and applicable law. Acceptable disclosures include statements such as "I may earn a commission if you purchase through my link" placed prominently near the referral link or in the visible description of any promotional content. Disclosures must be clear, prominent, and placed before any referral link.
8. Brand Guidelines
The short version. Use the Swiftly name and logo correctly when promoting us. Do not alter them. Do not make it look like you are officially endorsed by or part of Swiftly beyond being a partner and affiliate. If we ask you to change or remove content, do it within 48 hours.
The legal version.
Partners and affiliates must use Swiftly name, logo, and brand assets in accordance with brand guidelines provided by My Swiftly Inc. and available at swiftly.ai/brand. Partners and affiliates may not alter, distort, or modify Swiftly brand assets. Partners and affiliates may not use Swiftly branding in a manner that implies an official endorsement, partnership, or organizational relationship beyond that of a partner and affiliate. My Swiftly Inc. reserves the right to require removal or modification of any promotional content that violates these guidelines, and partners and affiliates must comply within 48 hours of notice.
9. Brand Identity Restrictions
The short version. You cannot use the Swiftly name, or any variation of it, in your YouTube channel name, social media usernames, domain names, or any other public-facing identity. Your audience needs to be able to clearly tell the difference between you and us. This applies even if you combine Swiftly with another word.
The legal version.
- Partners and affiliates are strictly prohibited from using the name Swiftly, My Swiftly, SwiftlyAI, or any confusingly similar variation thereof in any of the following: YouTube channel names or handles, social media usernames or display names on any platform including but not limited to Instagram, Facebook, TikTok, X, LinkedIn, and Threads, domain names or subdomains of any kind, and business names or trade names of any kind.
- This restriction applies regardless of whether the Swiftly name is used alone or in combination with other words. Examples of prohibited names include but are not limited to: SwiftlyAffiliate, SwiftlyPro, GetSwiftly, SwiftlyPartner, OfficialSwiftly, and SwiftlyHQ.
- Partners and affiliates found to be using the Swiftly name in any prohibited identity must rename or remove the identity within 48 hours of notice from My Swiftly Inc.
- Violation of this section constitutes trademark infringement and grounds for immediate termination of the partner and affiliate account, forfeiture of all unpaid commissions, and a 90-day retroactive clawback of all previously paid commissions.
- My Swiftly Inc. reserves the right to pursue legal remedies for trademark infringement independent of the termination and clawback provisions above.
10. Fraudulent Misrepresentation and Harmful Marketing Conduct
The short version. How you promote Swiftly reflects directly on our platform and on the people you are marketing to. You cannot lie about what Swiftly does, pretend to be something you are not, use manipulative or deceptive tactics, or cause harm to real people through your marketing. If your promotion of Swiftly damages someone or misrepresents the platform in any material way, your account is terminated immediately and all commissions are subject to clawback.
The legal version.
- Misrepresenting the capabilities, features, or functionality of the Swiftly platform in any promotional content, including but not limited to making claims about platform features that do not exist, overstating the capabilities of AI agents, or describing outcomes that the platform cannot deliver.
- Impersonating a Swiftly employee, team member, official spokesperson, or representative in any communication, content, or interaction with prospective or existing users.
- Using high-pressure, manipulative, or psychologically exploitative tactics in promotional content, including but not limited to manufactured urgency, false scarcity, fear-based messaging, or tactics designed to exploit financially vulnerable individuals.
- Making false or unverifiable claims about personal results, use cases, or outcomes achieved through the Swiftly platform that were not genuinely experienced by the person making the claim.
- Distributing promotional content that is defamatory, harassing, discriminatory, or that targets or demeans any individual or group of people.
- Creating or distributing deepfakes, AI-generated impersonations, or synthetic media of real individuals without their explicit consent for the purpose of promoting Swiftly.
- Engaging in any promotional conduct that violates applicable consumer protection laws, FTC regulations, or advertising standards in the partner and affiliate's jurisdiction, including failure to disclose the referral relationship as required by law.
- Any promotional conduct that results in a complaint, investigation, regulatory inquiry, or legal action directed at My Swiftly Inc. arising from the partner and affiliate's marketing activities.
Violation of any provision of this section constitutes grounds for immediate termination of the partner and affiliate account, forfeiture of all unpaid commissions, a 90-day retroactive clawback of all previously paid commissions, and may result in My Swiftly Inc. pursuing legal remedies for damages caused by the partner and affiliate's conduct including but not limited to reputational harm, regulatory fines, or legal costs incurred as a direct result of the violation.
11. Independent Contractor Status
The short version. You are not an employee of Swiftly. You are an independent contractor. You handle your own taxes and expenses. You cannot make commitments on our behalf.
The legal version.
Partners and affiliates participate in the Program as independent contractors. Nothing in this Agreement creates an employment, agency, joint venture, franchise, or partnership relationship between the partner and affiliate and My Swiftly Inc. Partners and affiliates have no authority to make representations, commitments, or contracts on behalf of My Swiftly Inc. Partners and affiliates are solely responsible for all taxes, insurance, and business expenses arising from their participation in the Program. My Swiftly Inc. will issue tax documentation including 1099 forms where required by applicable law.
12. Term and Termination
The short version. Either side can end this at any time. If you leave in good standing, earned and unpaid commissions get paid within 30 days. If you were removed for a violation, those commissions are gone. We can also change Program terms including commission rates with 30 days notice.
The legal version.
- Either party may terminate participation in the Program at any time with or without cause.
- Upon termination in good standing, earned and unpaid commissions are paid within 30 days subject to any applicable clawback adjustments.
- Commissions earned through prohibited conduct as defined in Sections 5 and 9 are forfeited in full upon termination for cause.
- My Swiftly Inc. reserves the right to modify Program terms including commission rates, payout mechanics, and Matrix structure with 30 days written notice. Continued participation after the effective date of any modification constitutes acceptance of the updated terms.
- Recurring commissions cease immediately upon termination of the partner and affiliate account regardless of reason.
13. Governing Law
The short version. Florida law governs this agreement. Disputes go to binding arbitration in Orange County, Florida under AAA rules. No class actions.
The legal version.
This Agreement is governed by the laws of the State of Florida without regard to conflict of law provisions. Any dispute arising from or relating to this Agreement shall be resolved through binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, held in Orange County, Florida. Arbitration shall be conducted on an individual basis only. Partners and affiliates waive any right to participate in class action litigation or class-wide arbitration against My Swiftly Inc.
14. Contact
For Program questions, commission disputes, or brand guideline requests:
My Swiftly Inc.
Referral Program: [email protected]
Support: [email protected]
Website: swiftly.ai