Changes to Program.
MemberSpace may, at any time and in its sole discretion, modify, suspend, replace or terminate the affiliate program, any commission structure, any eligibility criteria, payout schedules or any program benefits at any time in its discretion, provided that such changes will apply prospectively following notice to the affiliate as described below.
Except where immediate action is required for fraud prevention, legal compliance, abuse prevention, or protection of MemberSpace’s business interests, such changes will apply prospectively following notice to the affiliate as provided below.
Notice of Changes.
MemberSpace may provide notice of changes to the affiliate program or these Affiliate Terms by email to the affiliate's account email address, by in-dashboard notice, or by posting updated terms on the affiliate portal. Unless otherwise stated in the notice, changes will become effective on the date specified in the notice.
Affiliates are responsible for maintaining current contact information and for regularly reviewing program notices and updated terms.
Termination of Participation.
MemberSpace may terminate or suspend an affiliate's participation in the program at any time, with or without cause, effective upon notice. Any provision that by their nature should survive termination will survive, including provisions relating to accrued commissions, offsets, payment limitations, restrictions, indemnity, limitations of liability, governing law and dispute resolution.
Commissions Earned Only as Expressly Provided.
An affiliate is eligible to receive commissions only as expressly described in the commission plan then in effect and only for qualified transactions tracked and attributed by MemberSpace or its program provider.
No Vested Right to Future Commissions.
Participation in the affiliate program does not create any vested right to receive future commissions except for commissions that have been validly earned in accordance with the Affiliate Terms and commission plan in effect prior to the applicable termination, sunset or change date.
No affiliate has any contractual right to continued recurring commissions beyond the applicable program terms then in effect.
Qualified Transactions.
MemberSpace may determine, in its sole and reasonable discretion, whether a transaction qualifies for commission credit, including in cases involving refunds, fraud, abuse, self-referrals, duplicate attribution, or violation of program rules. MemberSpace’s determination of commission eligibility shall be final absent manifest error.
Legacy Plan Sunset.
From time to time, MemberSpace may retire, discontinue or sunset a legacy commission structure, including recurring commission arrangements applicable to prior referrals. If MemberSpace elects to sunset a legacy commission structure, MemberSpace will provide advance notice of the sunset date. This includes the right to discontinue lifetime or ongoing recurring commissions previously associated with historical referrals.
Three-Month Sunset Period.
Unless a different period is specified in the notice, recurring commissions under a retired legacy plan will continue only through the date that is three (3) months after the notice date (the “Sunset Date”). After that Sunset Date, no additional recurring commissions will accrue or be owed under the retired legacy plan, including for customers originally referred before the sunset date.
Affiliates acknowledge that recurring commissions are contingent program benefits and not perpetual payment obligations.
Accrued Commissions.
Commissions that are validly earned and accrued before the Sunset Date, and that otherwise satisfy these Affiliate Terms, will remain payable in the ordinary course. No commissions will accrue after the Sunset Date under the retired legacy plan unless expressly stated in writing by MemberSpace.
Replacement Programs.
MemberSpace may, in its discretion, offer affiliates the opportunity to participate in a new or replacement partner, referral, or agency program under separate terms. Eligibility for any new program will be determined solely by MemberSpace in its discretion and may require acceptance of a new, written agreement.
No Automatic Migration.
Participation in a legacy affiliate plan does not entitle an affiliate to participate in any replacement program unless MemberSpace expressly approves such participation.
Payment Timing.
Approved commissions will be paid according to MemberSpace's standard payout schedule then in effect, subject to applicable verification, hold periods, and payment thresholds.
Right to Withhold or Offset.
MemberSpace may withhold, reduce, or offset commissions in cases of suspected fraud, abuse, policy violations, refunds, chargebacks, duplicate crediting, accounting errors, overpayments, or other circumstances affecting commission validity.
Final Payout.
Following termination of an affiliate's participation or expiration of a sunset period, MemberSpace will pay any properly accrued and approved commissions earned before the effective termination or sunset date in accordance with the normal payout cycle, subject to these Affiliate Terms.
No additional commissions shall accrue after termination unless expressly stated otherwise in writing.
Restrictions.
Affiliates may not engage in fraudulent, deceptive, or abusive practices, self-referrals, cookie stuffing, false advertising, impersonation, misleading representations regarding MemberSpace products or services, unauthorized use of MemberSpace intellectual property, brand bidding or paid placements targeting MemberSpace branded terms, domain names, or confusingly similar variations terms without written approval. Affiliates may not impersonate MemberSpace or represent themselves as an employee or agent of MemberSpace, and must comply with all applicable laws, platform rules, and disclosure requirements for endorsements and affiliate relationships.
Limitation on Liability.
To the fullest extent permitted by law, MemberSpace will not be liable for any indirect, incidental, special, consequential, or lost-profit damages arising out of or related to the modification, suspension, or termination of the affiliate program or any commission structure, including any sunset of a legacy commission plan.
Entire Agreement.
These Affiliate Terms, together with any commission plan, written program notice, or updated program policy issued by MemberSpace, form the entire agreement between MemberSpace and the affiliate regarding participation in the affiliate program and supersede prior or contemporaneous discussions statements, descriptions, marketing materials, or understandings relating to the program. No waiver, modification, or exception shall be effective unless expressly made in writing by MemberSpace.