These Certified Partner Program Terms and Conditions (this "Agreement") constitute a legally binding contract between you ("Partner") and Benefits Confidence ("Company," "we," "us," or "our") governing your participation in the Benefits Confidence Certified Partner Program (the "Program").
By submitting a partner application, clicking an acceptance checkbox, or otherwise indicating your agreement, you represent that you have read, understood, and agree to be bound by this Agreement in its entirety. If you do not agree, do not apply for or participate in the Program.
You further represent that you are at least 18 years of age, legally authorized to enter into this Agreement, and, if participating on behalf of an organization, duly authorized to bind that organization.
The Benefits Confidence Certified Partner Program permits approved individuals and organizations to promote Benefits Confidence products and services to their audiences and to earn commission compensation for qualifying referrals that result in completed purchases.
Upon approval, each Partner receives a unique referral link and promotional discount code (collectively, "Partner Materials") for use in authorized promotional activities. Partners earn a fixed commission of $10.00 USD per qualifying sale attributed to their referral link or promotional code, subject to the terms set forth herein.
Participation in the Program is subject to the Company's sole and absolute discretion. Submission of an application does not guarantee acceptance. The Company reserves the right to approve or deny any application for any reason or no reason, and to revoke approval at any time.
To remain eligible, Partners must:
Partners shall represent Benefits Confidence products and services accurately and in good faith. Partners may not make representations about the products or services that are false, misleading, deceptive, or inconsistent with the Company's official product descriptions and disclaimers.
Partners must communicate clearly that Benefits Confidence is a screening and organizational tool and not a government agency, that it does not guarantee eligibility for or receipt of any government benefit, and that it does not submit applications on behalf of users. These limitations must not be obscured or omitted in any promotional content.
Partners must clearly disclose their affiliate relationship with Benefits Confidence in all promotional content where a commission may be earned. Such disclosure must be clear, conspicuous, and proximate to the promotional content. Phrases such as "I earn a commission if you purchase through my link" or "#ad" or "#affiliate" are acceptable forms of disclosure depending on context.
Partners who are licensed professionals, including tax preparers, financial advisors, attorneys, or healthcare providers, are solely responsible for ensuring that their participation in the Program does not violate the ethical rules, licensing requirements, or regulatory obligations applicable to their profession. The Company makes no representations regarding the compliance of Program participation with any professional licensing or regulatory framework.
Partners are strictly prohibited from engaging in any of the following:
Referrals are tracked through the Partner's unique referral link and promotional discount code. A qualifying sale is a completed, paid transaction by a new customer who arrives via the Partner's referral link or uses the Partner's promotional code at checkout, and whose purchase is not subsequently refunded or charged back.
The Company uses third-party affiliate tracking technology to attribute referrals. Attribution is subject to the technical limitations of such systems, including cookie expiration, browser privacy settings, ad blockers, and other factors outside the Company's control. The Company is not liable for referrals that cannot be technically attributed due to such limitations.
In the event of a dispute regarding attribution, the Company's records shall be deemed conclusive absent manifest error.
The current commission rate is $10.00 USD per qualifying sale. The Company reserves the right to modify the commission rate upon thirty (30) days' written notice to active Partners. Continued participation in the Program following such notice constitutes acceptance of the revised rate.
Commissions accrue in the Partner's account and are paid out on a monthly basis once the Partner's accrued balance reaches a minimum threshold of $30.00 USD. Balances below this threshold will carry forward to subsequent payment periods until the threshold is met.
Payouts will be made via electronic payment methods as determined by the Company, which may include but are not limited to PayPal, ACH bank transfer, or other digital payment platforms. The Company will communicate the available payment methods to Partners upon approval and may update payment methods upon reasonable notice.
Commissions earned through fraudulent activity, policy violations, or transactions subsequently refunded or reversed are not payable and will be removed from the Partner's balance. Commissions accrued at the time of termination will be paid out only if they meet the minimum payout threshold and were earned through legitimate, qualifying sales.
All commissions are denominated and paid in United States Dollars (USD).
Partners are independent contractors and not employees, agents, or joint venture partners of the Company. Partners are solely responsible for all federal, state, and local taxes applicable to commissions earned through the Program.
Partners who receive cumulative commission payments of $600.00 USD or more in a calendar year will be required to provide a completed IRS Form W-9 prior to receiving payment. Failure to provide a completed W-9 may result in suspension of payouts until the form is received. The Company will issue IRS Form 1099-NEC to eligible Partners as required by applicable law.
The Company reserves the right to withhold payment pending receipt of required tax documentation.
The Company grants Partners a limited, non-exclusive, non-transferable, revocable license to use the Benefits Confidence name, logo, and approved marketing materials solely for the purpose of promoting the Program in accordance with this Agreement and any brand guidelines provided by the Company.
Partners may not modify, alter, distort, or create derivative works of any Company intellectual property. Partners may not use the Company's trademarks in any manner that suggests endorsement, sponsorship, or affiliation beyond the scope of the Program without prior written consent.
All intellectual property rights in Benefits Confidence products, services, marks, and materials remain the exclusive property of the Company. This Agreement does not convey any ownership interest in Company intellectual property.
THE PROGRAM IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE COMPANY MAKES NO WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE PROGRAM, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR UNINTERRUPTED AVAILABILITY.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE PROGRAM, INCLUDING LOST PROFITS, LOSS OF DATA, OR LOSS OF GOODWILL, WHETHER OR NOT THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE COMPANY'S TOTAL CUMULATIVE LIABILITY TO ANY PARTNER UNDER THIS AGREEMENT SHALL NOT EXCEED THE TOTAL COMMISSIONS PAID TO THAT PARTNER IN THE THREE (3) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
Either party may terminate this Agreement at any time, for any reason or no reason, upon written notice to the other party. Notice from the Company may be provided by email to the address on file for the Partner.
The Company may terminate this Agreement immediately and without prior notice in the event of a material breach by the Partner, including but not limited to violations of Section 5 (Prohibited Conduct) or Section 4 (Partner Obligations).
Upon termination, the Partner's access to Partner Materials will be revoked, and the Partner must immediately cease all use of the Company's trademarks and promotional materials. Commissions legitimately earned prior to termination and meeting the minimum payout threshold will be paid out in accordance with Section 7.
The Company reserves the right to modify this Agreement at any time. Material changes will be communicated to active Partners via email to the address on file. The updated Agreement will also be posted at benefitsconfidence.com/partner-terms with a revised effective date.
Continued participation in the Program following the effective date of any modification constitutes the Partner's acceptance of the revised terms. Partners who do not agree to a modification may terminate their participation by providing written notice prior to the effective date.
This Agreement shall be governed by and construed in accordance with the laws of the State of Colorado, without regard to its conflict of law provisions.
Any dispute arising out of or relating to this Agreement that cannot be resolved through good-faith negotiation between the parties shall be submitted to binding arbitration under the rules of the American Arbitration Association, conducted in Denver, Colorado. The arbitrator's award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.
Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in a court of competent jurisdiction to prevent irreparable harm pending resolution of a dispute.
This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, whether written or oral, relating to the Program.
If any provision of this Agreement is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. The failure of either party to enforce any provision of this Agreement shall not be construed as a waiver of that party's right to enforce such provision in the future.
The Partner may not assign this Agreement or any rights hereunder without the prior written consent of the Company. The Company may assign this Agreement freely, including in connection with a merger, acquisition, or sale of substantially all of its assets.
Questions regarding this Agreement or the Certified Partner Program may be directed to:
Benefits Confidence
Email: partners@benefitsconfidence.com
Website: benefitsconfidence.com