Terms Of Service

Effective Date: October 27th, 2025

These Terms of Service (“Terms”) govern your use of the services offered by Marketpacer, LLC (“Company”). By purchasing or using our service, you agree to these Terms.

1. Service Description

We provide a subscription-based AI-Agent assisted marketing service that monitors customer-specified public content and distributes promotional material through our private network. The service is fulfilled on a managed basis — customers do not operate the AI directly.

2. No Access Required

We do not require or request access to your personal accounts unless explicitly authorized in writing.

3. No Performance Guarantees

We aim to increase visibility and distribution. We do not guarantee specific results, including but not limited to views, followers, clicks, revenue, or growth.

4. Billing & Renewal

Subscriptions renew automatically each billing cycle until canceled.
Cancellations must be made at least 48 hours before the renewal to prevent the next charge.

5. Refund Policy

All payments are final once service begins. Refund requests made after onboarding will not be granted. Refunds are governed by our Refund Policy.

6. Prohibited Use

You may not use the service to promote illegal, hateful, defamatory, violent, or restricted content. We reserve the right to decline or suspend service for any prohibited or unethical use.

7. Intellectual Property

All promotional materials created by us remain our property unless explicitly transferred in writing. You are granted a license to use promotional content generated for your brand.

8. Termination

We may suspend or terminate service for violations of these Terms, abusive conduct, fraud, or illegal activity. Remaining subscription time will not be refunded if terminated for cause.

9. Limitation of Liability

To the fullest extent permitted by law, Marketpacer, LLC is not liable for indirect, incidental, or consequential damages arising from use or non-use of the service.

10. Governing Law

These Terms are governed by the laws of the State of [insert state of registration], without conflict of law principles.

MarketPacer PRIVATE Affiliate Program — Terms of Service (TOS)

Effective date: November 8, 2025
Legal entity: MarketPacer, LLC, a NC/USA company (“MarketPacer,” “we,” “us,” “our”)
Program: MarketPacer Affiliate Program (“Program”)
You: the applicant/participant (“Affiliate”)

By applying to or participating in the Program, you agree to these Terms.

1) Program Summary (non-binding overview)

  • You may purchase Ad Shares ($30 each). Each Ad Share entitles you to two (2) customer assignments when available and subject to these Terms.
  • MarketPacer manually assigns customers to Affiliates with open Ad Share capacity.
  • For assigned customers, you earn 20% commission on all future purchases they make across our sites for as long as they remain MarketPacer customers and these Terms remain in effect (“Lifetime Commissions”).
  • Affiliates see anonymous customer IDs and order data in the Affiliate Portal (no PII).
  • The Program is private/limited; we may cap participation (e.g., ~50 affiliates).

2) Eligibility; Account

  • You must be 18+ and able to form a binding contract.
  • Accurate information is required. We may accept/deny any application at our discretion and may limit, suspend, or terminate accounts.
  • You are responsible for all activity on your account and for keeping credentials secure.

3) Relationship

  • You are an independent contractor, not an employee, partner, or agent of MarketPacer. You may not bind MarketPacer.

4) Ad Shares & Assignments

  • Purchase & Non-Refundable. Each Ad Share costs $30 USD and is non-refundable once purchased. Ad Shares are a marketing fee, not an investment or security and carry no guarantee of results.
  • Entitlement. One Ad Share entitles you to two (2) customer assignments (“Entitled Customers”).
  • Assignment Process. Assignments are manual and based on available customers, program needs, Ad Share balance, compliance, and performance. We may re-verify eligibility at any time.
  • Timing. We aim to assign customers reasonably promptly, but make no SLA or guarantee on timing or volume.
  • No Resale/Transfer. Ad Shares and assignments are not transferable.

5) Lifetime Commissions

  • Rate: Service Sales 20% of Net Sales for each order by your assigned customer. Digital Product Sales = 50%. Software(SAAS) = 30%
    “Net Sales” = gross revenue less taxes, shipping, third-party fees, discounts, refunds, chargebacks, and fraud.
  • Attribution. Lifetime Commissions apply to purchases made on any MarketPacer-owned website once a customer is assigned to you. We may validate attribution via internal records; our determination is final.
  • Exclusions. No commissions on: self-purchases, orders created for testing/fraud, cancelled/refunded/charged-back orders, or purchases outside MarketPacer.

6) Payment; Taxes

  • Schedule. Commissions are calculated monthly and paid Net 15 (or the next business day) after the close of the month when your approved commission balance ≥ [$30] and your account is in good standing.
  • Method. Paid via PayPal to the payout info you provide. Fees or charges may apply on Paypal’s end.
  • Adjustments. We may offset or claw back commissions on returns, chargebacks, fraud, or system errors.
  • Tax Forms. You are responsible for all taxes. We may require a W-9/W-8 prior to payment and may withhold as required by law.

7) Customer Privacy & Non-Circumvention

  • Anonymous View. You will only see non-identifiable customer IDs and order summaries. You may not attempt to identify, de-anonymize, contact, or solicit MarketPacer customers.
  • Non-Solicit. During your participation and for 24 months after termination, you will not solicit or service any MarketPacer customer (assigned or otherwise) for competing services outside the Program.
  • Confidentiality. All non-public information (including pricing, funnels, product plans, portal content) is MarketPacer confidential information; do not disclose or misuse it.

8) Marketing Rules (Compliance)

  • Truthful Marketing. No false, misleading, or unsubstantiated claims. Comply with FTC endorsement rules and any applicable advertising, privacy, and e-commerce laws where you promote.
  • Anti-Spam. No unsolicited commercial email/SMS.
  • Brand Use. Do not register domains or social handles containing our marks, or bid on our branded keywords. Do not imitate our websites or misrepresent affiliation.
  • Prohibited Channels. No coupon sites, adware, forced clicks, toolbars, or traffic brokers without our written consent.
  • Creative. Only use assets/claims we provide or approve. We may request removal at any time.
  • No Public Recruiting (Private Program). Unless we authorize public recruitment, do not share sign-up links publicly.

9) Content; Tasks (optional feature)

  • If you participate in Syndication/Tasks (when offered), deliverables you submit are work-for-hire to the extent allowed by law; otherwise you grant MarketPacer a perpetual, worldwide, royalty-free, transferable license to use/modify them. Task bonuses may be paid as referrals in AffiliateWP and are subject to approval.

10) Program Conduct; Fraud

  • You will not engage in fraud, misuse, or gaming of tracking, orders, or assignments.
  • We may withhold/forfeit commissions and terminate your account for violations.

11) Intellectual Property

  • All rights in MarketPacer names, logos, websites, products, and materials remain with MarketPacer. You receive a limited, revocable, non-exclusive, non-transferable license to use Program assets solely as permitted.

12) Term; Termination; Effects

  • Term. Begins when we accept your application and continues until terminated.
  • Termination. Either party may terminate at any time for any reason upon notice. We may suspend or terminate immediately for suspected violations.
  • Upon Termination. Your right to participate ends; you must cease use of our marks and materials. Commissions already earned and approved through the termination date will be paid on the next regular cycle except where prohibited under Section 6 (adjustments) or for breach/fraud. We may reassign customers at our discretion.

13) Disclaimers; Limitation of Liability

  • No Guarantee. We do not guarantee assignments, timing, traffic, revenue, or profit. Ad Shares do not guarantee results or income.
  • As-Is. The Program and Portal are provided “as is.” We disclaim all warranties to the fullest extent permitted by law.
  • Liability Cap. To the extent permitted by law, our total liability related to the Program will not exceed the commissions paid to you in the three (3) months preceding the claim.
  • No Consequentials. We are not liable for indirect, incidental, special, punitive, or consequential damages.

14) Indemnification

You will defend, indemnify, and hold MarketPacer harmless from claims, losses, costs (including reasonable attorneys’ fees) arising out of your: (a) Program participation; (b) marketing or statements; (c) breach of these Terms; or (d) violation of law or third-party rights.

15) Changes

We may update these Terms or Program rules at any time. We’ll post the revised Terms with a new “Effective date.” Continued participation after changes means you accept them. If you object, your remedy is to stop participating.

16) Governing Law; Dispute Resolution

  • Law/Venue. These Terms are governed by the laws of the State of North Carolina/South Carolina, excluding its conflicts rules.
  • Disputes. The parties will first attempt good-faith resolution.

17) Notices

We may send notices to the email on file or via the Portal. You must keep your contact information current.

18) Miscellaneous

  • Entire Agreement. These Terms (plus any Program policies referenced) are the entire agreement and supersede prior discussions.
  • Assignment. You may not assign these Terms without our written consent; we may assign to an affiliate or successor.
  • Severability. If a provision is found invalid, the remainder remains in effect.
  • No Waiver. Failure to enforce a provision is not a waiver.

Program Rules Addendum (Operational Details)

A. Commission Calculations

  • Calculated from “Net Sales” as defined above. Currency conversions use our processing rate. Rounding may apply.

B. Payment Thresholds & Dormancy

  • Minimum payout threshold: [$30]. Dormant accounts (no approved commission activity for 180 days) may be closed with prior notice; unpaid balances under the threshold will be paid upon account closure.

C. Assignment Capacity

  • You must maintain open Ad Share capacity to receive assignments. If you run out, purchase additional Ad Shares (if available) to resume eligibility.

D. Reassignment

  • We may reassign a customer if: (i) you violate these Terms; (ii) you request account closure; (iii) your account is inactive; or (iv) we need to correct an error or address customer issues.

E. Public Claims

  • You may not publish earnings claims or “guarantees” about results. Ad Shares are not a business opportunity, investment contract, or MLM.

F. Brand/Keyword Rules

  • No bidding on [“MarketPacer”, brand variants, or misspellings]. No “official” or confusing representations.

G. Data Protection

  • Handle any data you obtain under these Terms per applicable privacy laws. Do not combine/analyze portal data to re-identify customers.

Acceptance

By clicking “I agree,” checking a box, or participating in the Program, you agree to these Terms.