Merber Partner Program Terms

These Merber Partner Program Terms ("Program Terms") govern participation in the MerbIQ affiliate program ("the Program"), operated by Luis Armando Fraga Guimaraes Barbosa, a self-employed professional (autónomo) in Spain trading as MerbIQ ("MerbIQ", "we", "us"), with address at Carrer de Pere IV, 105, Sant Martí, 08018 Barcelona, Spain. By requesting your referral link or joining the Program you ("Partner", "you") accept these Program Terms in full, in addition to the MerbIQ Terms of Service and Privacy Policy. If you do not agree, do not join.

• You must have a valid Merber account. Being a Partner is an optional role of the same account; no separate registration is created.
• You must be of legal age and legally able to enter into a contract in your country.
• You are responsible for the accuracy of your payout and tax details.

The Program lets you earn a commission for referring businesses that subscribe to a paid MerbIQ plan.

• Commission: the commission rate applicable to your program (currently 20% recurring for the standard Merber Partner program) on the amounts actually paid and retained by the referred customer, for as long as their subscription stays active. The rate that applies to you is the one shown in your partner portal; different programs, campaigns or partners may have different rates
• Eligible products: only the IDAI Essential and IDAI Growth subscriptions. Referrals of any other product or one-time purchase (report unlock, consulting, agent, setup fees, etc.) do not generate commission
• Duration: recurring while the customer keeps paying; there is no cap on the number of businesses you may refer
• Nature: the Program is a revocable, non-exclusive marketing arrangement, not a partnership, franchise, employment or agency relationship

Attribution is measured with objective technology so both sides can trust the result. You acknowledge and accept how it works:

• Referral link: your unique link (merbiq.com/?ref=YOUR-CODE) is generated and managed by our tracking provider, Tolt, Inc.
• Tracking: when a visitor opens your link, a first-party attribution cookie is stored in their browser for a 30-day window; a lightweight script (tlt.js) records the referral
• Conversion: if that visitor subscribes to an eligible plan within the window, the referral id is passed to the payment processor (Stripe) at checkout and the sale is attributed to you
• Model: last-click attribution; only one Partner is credited per sale; self-attribution and manipulation are void (Section 5)
• Validation: commissions are calculated only on real, captured and retained payments confirmed by Stripe. Trials, failed, disputed, refunded or fraudulent payments generate no commission or are reversed
• Source of truth: the records of Tolt and Stripe are the definitive source for clicks, referrals, conversions and amounts. Where your view and those records differ, those records prevail

• Rate: the rate applicable to your program (currently 20% recurring), as shown in your partner portal, on the net amount paid and retained (excluding taxes, refunds and processor fees where applicable)
• Currency: the Program currency is EUR; other currencies are normalized to EUR for calculation and payout
• Approval hold: each commission is held for a 30-day approval period before becoming payable, to allow for refunds, chargebacks and abuse checks
• Clawback: if a payment is later refunded, charged back, cancelled within its refund window or found to be fraudulent, the related commission is reversed, including after approval
• Minimum payout: payouts are made once your approved balance reaches the minimum threshold (EUR 25), via the payout method configured in the partner portal
• No payout on abuse: commissions tied to prohibited conduct are forfeited in full and are not payable

You must act in good faith and protect the MerbIQ brand. The following are strictly prohibited and, in addition to any legal remedy, void the related commissions and may lead to immediate termination:

• Self-referral: referring yourself, your own businesses, accounts you control, or arranging reciprocal referrals to obtain commission
• Fraud and manipulation: cookie stuffing, forced or hidden clicks, iframes, auto-redirects, bots, fake traffic, fake leads, fabricated conversions or any attempt to trigger attribution without a genuine referral
• Brand misuse: bidding on or using MerbIQ trademarks, brand terms, common misspellings (typosquatting) or MerbIQ-branded domains/subdomains in paid ads, URLs, handles or app names
• Impersonation: presenting yourself as MerbIQ, staff, support or an official channel, or implying a relationship beyond being an independent affiliate
• Misleading claims: false or exaggerated statements about MerbIQ, its technology, pricing, results, guarantees, or unauthorized discounts, coupons or offers
• Spam and unlawful channels: unsolicited email/SMS/messaging, comment spam, malware, adware, browser extensions/toolbars, incentivized traffic or any channel that violates law or third-party terms
• Data misuse: misusing, storing or contacting referred users' data outside what the law and these Terms allow
• Circumvention: exploiting any bug, loophole, timing or gap in our systems, Tolt or Stripe to obtain commissions you would not fairly earn; discovering such a gap does not create a right to be paid

We may investigate any referral and withhold, delay or reverse commissions while doing so. We may require reasonable evidence of the legitimacy of your traffic.

• Right to modify: we may modify the commission rate, eligible products, thresholds or these Program Terms, for objective reasons such as price adjustments or a demonstrable increase in operating costs
• Notice: material changes take effect with at least 30 days' prior notice by email or in the partner portal; continuing in the Program after the effective date is acceptance
• No retroactive reduction: changes apply going forward; commissions already accrued and approved under the prior terms are not reduced retroactively
• Program changes: we may pause, restructure or discontinue the Program with reasonable notice, without owing future or expected earnings

• Either party may leave the Program at any time.
• We may suspend or terminate your participation immediately for suspected fraud, abuse, brand harm or breach of these Terms.
• On termination for cause, unpaid and pending commissions tied to the breach are forfeited.
• Sections on attribution, forfeiture, liability, indemnity and governing law survive termination.

• Independent: you act as an independent party; nothing here creates employment, agency, partnership or joint venture, and you may not bind MerbIQ
• Professional capacity: you participate in the Program in a business or professional capacity, for remuneration, and not as a consumer. Where a mandatory consumer-protection rule nevertheless applies to you, it prevails over any conflicting clause and the rest of these Terms stay in force
• Optional resources: any guides, training, materials or events we may offer are optional and voluntary; they do not create employment, direction or control, and you remain free to choose your own methods, schedule, tools and channels
• Taxes and invoicing: you are solely responsible for declaring and paying any taxes, social contributions or fees on your commissions in your jurisdiction; you must provide accurate fiscal identification (for example NIF/VAT, CPF/CNPJ) and, where the law requires it, issue a valid invoice or accept self-billing. We may withhold or deduct any amount required by applicable tax law before payout
• Own costs: you bear your own costs of promotion; commissions are your only compensation

• Limited license: we grant a revocable, non-exclusive, non-transferable license to use the official MerbIQ assets we provide (brand kit) solely to promote MerbIQ honestly
• No modification: do not alter, recolor, distort or combine the logo with other marks, or create confusingly similar assets
• Revocable: we may update or revoke the license and require you to stop using any asset

• Roles: attribution data is processed by Tolt as our provider; referred customers' relationship is with MerbIQ
• Compliance: you must comply with applicable data-protection law (GDPR/LGPD) in any promotion you run and any data you collect
• Confidentiality: non-public information you learn about the Program, pricing logic or systems is confidential and may not be disclosed or exploited

• No guarantee: earnings depend on your own results; we do not guarantee any income, clicks or conversions. Calculators and examples are illustrative, not a promise
• As is: the Program, links and reporting are provided as is; we are not liable for downtime, tracking limitations inherent to browsers/cookies, or third-party platform behavior
• Liability cap: to the extent permitted by law, our total liability under the Program is limited to the commissions payable to you in the 3 months before the event
• Indemnity: you will indemnify and hold MerbIQ harmless from claims, losses or costs arising from your promotion, your breach of these Terms or your violation of any law or third-party right

These Program Terms are governed by the laws of Spain and the European Union, without prejudice to mandatory consumer-protection rights that may apply in your country of residence. Disputes are subject to the competent courts of Barcelona, Spain, save where imperative law provides otherwise.

• Entire agreement: these Program Terms, together with the MerbIQ Terms of Service and Privacy Policy, are the entire agreement on this subject and replace any prior understanding about the Program
• Severability: if any clause is held invalid or unenforceable, it is limited or removed to the minimum extent necessary and the remaining clauses stay in full force
• No waiver: our failure to enforce any right or clause is not a waiver of it; a waiver is valid only if given in writing
• Assignment: you may not assign or transfer your participation or your commissions without our written consent; we may assign these Terms to a successor or affiliate, for example on a reorganization or transfer of the business
• Set-off: we may set off any reversed, clawed-back or unearned amount against your current or future commission balance
• Notices: we may give notices by email or in the partner portal; notices to us go to legal@merbiq.com
• Language: if a translated version of these Terms conflicts with the English version, the English version prevails, without prejudice to the mandatory rules of your country

• Operator: Luis Armando Fraga Guimaraes Barbosa (self-employed / autónomo in Spain, trading as MerbIQ)
• Address: Carrer de Pere IV, 105, Sant Martí, 08018 Barcelona, Spain
• General: hello@merbiq.com
• Legal notices: legal@merbiq.com
• Phone: +34 627 272 949