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.

PRIVATE Affiliate Marketpacer Program (PAMP) — Terms of Service (TOS)

Effective date: June 2026
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. Overview

These Terms of Service (“Terms”) govern your participation in the MarketPacer Affiliate Program, operated through the private affiliate platform at private.marketpacer.io (“PAMP” or the “Platform”). By registering for an account, clicking any acceptance checkbox, or using any feature of the Platform, you agree to be bound by these Terms in full.

The Platform is operated by MarketPacer (201cwe,201d 201cus,201d or 201cour201d). If you do not agree to these Terms, you must not access or use the Platform.

2. Eligibility

To participate in PAMP, you must meet all of the following requirements:

  • You must be at least 18 years of age.
  • You must have a valid PayPal account capable of receiving payments.
  • You must be a human individual, not an automated system, bot, or proxy.
  • You must have received a valid invitation link from MarketPacer or an existing affiliate.
  • You must not be located in a jurisdiction where participation in affiliate marketing programs is prohibited by law.

3. Affiliate Tiers

PAMP currently operates two affiliate tiers:

3.1 Free Tier

Free affiliates may promote eligible MarketPacer products and earn commissions on sales they generate through their unique affiliate referral links. Free tier commission rates are set per-product and displayed in the Products section of the dashboard.

3.2 Partner Tier

Partner affiliates access higher commission rates and additional platform features including Buy Traffic options where available. Upgrades to Partner tier require payment of the current Partner membership fee, which is displayed at the time of upgrade. Partner membership fees are non-refundable except as stated in the Refund Policy.

3.3 Grandfathered Tier

A limited number of affiliates hold Grandfathered status based on participation in the prior WPAffiliate system. Grandfathered affiliates retain their historical data viewable via the Legacy History tab and are subject to the same Terms as other affiliates for all activity conducted through PAMP going forward. The Grandfathered tier is closed to new participants.

4. Affiliate Links and Tracking

Upon registration, each affiliate is assigned a unique referral code. Affiliate links must be used as provided by the Platform. You may not:

  • Modify, disguise, or obscure your affiliate link in any deceptive manner.
  • Use cookie-stuffing, forced clicks, or any automated method to generate clicks or referrals.
  • Promote MarketPacer products through spam, unsolicited email, or deceptive advertising.
  • Purchase your own products using your own affiliate link to generate self-referral commissions.
  • Incentivize referrals in any way that misrepresents the products or the affiliate program.

MarketPacer uses cookie-based tracking to attribute sales to affiliates. Cookies expire after 30 days. MarketPacer does not guarantee attribution in all cases, including where a customer clears their browser cookies, uses a private or incognito window, or purchases through a different device than the one on which the referral link was originally clicked.

5. Commissions

5.1 Commission Structure

Commission rates vary by product and affiliate tier and are displayed in the Products section of your dashboard. Commission rates are subject to change at MarketPacer’s discretion with reasonable notice. Changes will not apply retroactively to sales already attributed but not yet cleared.

5.2 Commission Hold Period

All commissions are subject to a 30-day hold period from the date of the originating sale. Commissions are not available for payout until the hold period has expired and the commission status has been updated to Cleared. This hold period exists to account for potential refunds or chargebacks on the underlying purchase.

5.3 Commission Adjustments

If a sale that generated a commission is subsequently refunded, reversed, or disputed, the associated commission will be voided or deducted from your account balance. MarketPacer reserves the right to withhold or recover commissions in cases of fraud, Terms violations, or disputes.

5.4 Manual and Service-Based Commissions

For sales that occur outside of the automated Stripe checkout (including service sales and cross-platform sales), MarketPacer may enter manual commission records. These will be clearly labeled in your dashboard. The same 30-day hold and payout rules apply unless the commission is manually marked as Cleared by an administrator.

5.5 Grandfathered Service Commissions

Grandfathered affiliates who were previously assigned service customers under the prior ad share model retain their 20% recurring commission on those customers’ ongoing service purchases. These commissions will be entered manually by MarketPacer when service payments are received. Historical balances migrated from the prior system are entered as pre-cleared commissions at MarketPacer’s discretion.

6. Payouts

Payouts are processed via PayPal. You are responsible for maintaining a valid and active PayPal account. MarketPacer is not responsible for delays or failures caused by incorrect PayPal information provided by the affiliate.

Payouts are initiated by MarketPacer on a schedule determined at our discretion. A minimum payout threshold may apply and will be communicated within the Platform. MarketPacer reserves the right to delay payouts pending verification of account information or resolution of disputes.

You are solely responsible for any taxes, fees, or reporting obligations associated with commissions you receive. MarketPacer does not withhold taxes on behalf of affiliates.

7. Prohibited Conduct

In addition to the link restrictions in Section 4, you agree not to:

  • Create false accounts or provide inaccurate information during registration.
  • Attempt to reverse-engineer, hack, or interfere with the Platform or its infrastructure.
  • Share your login credentials with any other person.
  • Use the Platform to promote illegal products or services.
  • Make false or misleading claims about MarketPacer products in any promotional material.
  • Represent yourself as an employee or official representative of MarketPacer.
  • Engage in any activity that could harm the reputation of MarketPacer or its products.

8. Account Termination

MarketPacer reserves the right to suspend or terminate your affiliate account at any time, with or without notice, for violations of these Terms, inactivity, fraud, or any other reason at our sole discretion.

Upon termination: any cleared, unpaid commissions that are legitimately owed will be paid out within 60 days of termination, subject to verification. Any pending or held commissions that have not yet cleared may be forfeited if the account was terminated due to fraud or a Terms violation. Any active Partner membership fee is non-refundable upon termination for cause.

9. Intellectual Property

MarketPacer grants you a limited, non-exclusive, non-transferable license to use approved marketing materials, product descriptions, and affiliate assets solely for the purpose of promoting MarketPacer products through the Program. You may not alter, rebrand, or misrepresent MarketPacer’s branding or product offerings.

All Platform content, branding, product materials, and software remain the exclusive property of MarketPacer.

10. Disclaimers and Limitations

The Platform is provided ‘as is’ without warranty of any kind. MarketPacer does not guarantee that the Platform will be uninterrupted, error-free, or that specific commission amounts will be achieved.

To the fullest extent permitted by applicable law, MarketPacer’s total liability to you for any claim arising from these Terms or your participation in the Program shall not exceed the total commissions paid to you in the 90 days preceding the claim.

11. Modifications

MarketPacer may update these Terms at any time. Continued use of the Platform after any changes constitutes acceptance of the revised Terms. We will make reasonable efforts to notify active affiliates of material changes via the email address on file.

12. Governing Law

These Terms are governed by the laws of the State of South Carolina, United States, without regard to conflict of law principles. Any disputes arising from these Terms shall be resolved in the appropriate courts of South Carolina.

13. Contact

For questions regarding these Terms, contact MarketPacer at: support@marketpacer.io

Grandfathered Program Summary (prior to June 1, 2026)

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.