Affiliate Understanding
Affiliate Attribution, Residual Commission, Break in Service, and Legacy Affiliation Policy
itsfree2you.com
Proposed Affiliate Attribution, Residual Commission, Break in Service, and Legacy Affiliation Policy
Document status: Revised draft incorporating counsel’s tentative approval dated October 22, 2026; final approval and adoption remain subject to counsel’s confirmation.
1. Purpose and Governing Principles
This policy establishes the rules governing affiliate referral attribution, the thirty (30) day cookie remembrance period, ongoing residual commissions, interruptions in merchant service, material breaks in service, merchant reacquisition, Company-Owned Merchants, and the continuation or termination of an affiliate relationship.
The objectives of this policy are to:
Protect affiliates who invest time and effort in developing prospective merchant relationships.
Allow prospective merchants reasonable time to evaluate and purchase services.
Preserve residual commission rights while a qualifying merchant relationship remains continuous.
Distinguish temporary service interruptions from material breaks in service.
Permit merchants whose relationships have genuinely ended to return to the public pool for potential acquisition by another affiliate.
Establish clear rules for affiliate succession, legacy arrangements, and the termination of affiliation.
2. Thirty-Day Cookie Remembrance and Initial Attribution
When a prospective merchant accesses itsfree2you.com through a qualifying affiliate referral link, the referral shall be recorded and attributed to that affiliate for thirty (30) calendar days, commencing from the qualifying referral event, subject to the program's technical tracking capabilities and applicable attribution rules.
During this period, the prospective merchant shall remain attributed to the referring affiliate for purposes of determining eligibility for commissions, provided that the merchant completes a qualifying enrollment within the applicable period.
The purpose of the thirty-day remembrance period is to provide the prospective merchant with reasonable time to evaluate the platform, consider its services, and make a purchasing decision while preserving the referring affiliate's opportunity to receive credit for the introduction.
If the prospective merchant becomes a qualifying paying merchant within the remembrance period, the affiliate shall receive attribution in accordance with the ongoing residual commission provisions of this policy.
If the prospective merchant does not become a qualifying paying merchant within the thirty-day period, the referral attribution may expire and the prospective merchant may return to the public pool, becoming eligible for acquisition by another affiliate.
Expiration of the cookie remembrance period shall not terminate or limit the residual commission entitlement of an affiliate whose qualifying referral has already resulted in an established merchant relationship.
3. Ongoing Affiliate Attribution and Residual Commissions
Once a merchant has been acquired through an affiliate's qualifying referral and has become a paying merchant, that affiliate shall be entitled to the applicable recurring residual commissions on qualifying payments received and retained by itsfree2you.com from that merchant.
The residual commission entitlement shall continue for as long as the merchant relationship remains continuous, the merchant maintains an active paid account, and the applicable payments are received and retained, subject to the commission schedule and other conditions of the affiliate agreement.
The thirty-day cookie remembrance period governs initial attribution only. It does not limit the duration of residual commissions earned through a qualifying merchant acquisition.
A merchant with an unbroken qualifying relationship shall remain attributed to the original affiliate notwithstanding the expiration of the cookie period, the passage of time, changes in the merchant's management, or subsequent contact by another affiliate.
This continuing entitlement shall be subject to the Break in Service provisions below.
3.3. Company-Initiated Separation for Cause
If itsfree2you.com terminates a merchant's participation in the program for cause, the original affiliate's entitlement to future residual commissions from that merchant shall cease as of the effective termination date, subject to commissions already earned and payable under the applicable affiliate agreement and applicable law.
“For Cause” means a material violation of the Merchant Agreement, the Affiliate Agreement, applicable published platform policies, or applicable law, or other conduct providing a legitimate and reasonable basis for itsfree2you.com to terminate the merchant's participation in the program.
Cause may include, without limitation:
(a) fraud, misrepresentation, deceptive business practices, or intentional provision of materially false information to the company or its customers;
(b) listing, advertising, promoting, selling, or distributing prohibited products, services, or content, including prohibited tobacco products and related items, illicit drugs and associated paraphernalia, prohibited sexual content, unauthorized political promotional content, and prohibited alcohol products and related items;
(c) conduct that violates applicable laws or regulations, infringes the rights of others, or exposes the company to material legal or regulatory risk;
(d) abuse, manipulation, or attempted circumvention of affiliate attribution, commission, payment, referral, or merchant-account systems;
(e) unauthorized use of the platform, interference with its operations, or conduct that materially compromises its security, integrity, or proper functioning;
(f) repeated or material violations of the Merchant Agreement or applicable platform policies, including failure to correct a material violation after reasonable written notice and an opportunity to cure, where appropriate; or
(g) fraud, serious misconduct, unlawful activity, or an immediate material threat to the company, its customers, or the platform for which immediate suspension or termination is reasonably warranted.
Where reasonably practicable, itsfree2you.com shall provide written notice identifying the grounds for termination and a reasonable opportunity to remedy the violation before termination. Notice and an opportunity to cure are not required where prohibited by law, where the violation cannot reasonably be remedied, or where immediate action is reasonably necessary to address suspected fraud, unlawful conduct, a material security risk, or a significant threat to the company or its users.
A determination that cause exists shall be made in good faith, based on the circumstances and information reasonably available to the company, and subject to the applicable agreements and law. A temporary suspension during investigation or while a correctable issue is addressed does not, by itself, constitute a Material Break in Service or end attribution.
3.4. Merchant-Initiated Departure
Where a merchant voluntarily discontinues or genuinely terminates its paid merchant relationship with itsfree2you.com, that event may constitute a Material Break in Service under Section 5. A change in ownership, management, or decision-makers alone does not constitute a Material Break in Service unless the underlying merchant relationship is genuinely terminated. The affiliate's future residual commission entitlement ends only as provided by the applicable agreement and the effective termination of the qualifying merchant relationship; commissions already earned and payable remain subject to the governing agreement and law.
3.5. Reinstatement After Termination for Cause
If itsfree2you.com later permits a merchant previously terminated for cause to return, reinstatement shall not automatically restore the former affiliate's attribution or future residual commission entitlement. The company may determine in good faith, subject to applicable agreements and law, whether the underlying violation has been adequately remedied and the merchant is eligible to return. A returning merchant's attribution shall be determined under Sections 3.6 and 7–8 of this policy.
3.6. Reacquisition and Company-Owned Merchant Status
After a Material Break in Service, a returning merchant may be attributed to a new affiliate only where the applicable qualifying referral or documented, substantive reacquisition requirements are met. If no affiliate makes a qualifying referral or documented substantive reacquisition effort that results in the merchant's return, itsfree2you.com may classify the returning merchant as a Company-Owned Merchant. The former affiliate has no automatic right to reclaim attribution solely because it originally introduced the merchant. Any new attribution and residual commissions are governed by this policy, the Affiliate Agreement, and the applicable commission schedule.
Nothing in Sections 3.3–3.6 authorizes forfeiture of commissions already earned and payable where forfeiture is prohibited by the governing agreement or applicable law.
4. Temporary Interruptions That Do Not Break Attribution
A temporary interruption in service shall not, by itself, terminate an affiliate's attribution or residual commission entitlement.
Qualifying temporary interruptions may include:
A brief interruption resulting from a failed, delayed, or disputed payment while the matter is being investigated or rectified.
A temporary suspension for a legitimate administrative or operational reason.
A good-faith dispute concerning a point of sale, contractual interpretation, service delivery, or other matter that the parties are actively attempting to resolve.
A temporary suspension while the merchant and itsfree2you.com clarify an issue, negotiate a resolution, or remedy a correctable deficiency.
Where an interruption is temporary and the underlying merchant relationship remains in good standing or is being actively and legitimately rectified, the original affiliate attribution shall be preserved.
No reassignment to another affiliate, or classification as a Company-Owned Merchant, shall occur solely because of such a temporary interruption.
Residual commissions shall be payable on qualifying payments actually received and retained by itsfree2you.com, in accordance with the commission schedule. No commission shall be presumed payable on amounts not received, unless otherwise required by the governing agreement or applicable law.
The determination of whether an interruption remains temporary shall be made reasonably and consistently by itsfree2you.com in accordance with the facts, applicable contractual terms, and documented communications.
5. Material Break in Service
A “Material Break in Service” means a genuine termination or discontinuation of the merchant relationship that is more substantial than a temporary interruption and that ends the existing merchant relationship for purposes of affiliate attribution and residual commissions.
A Material Break in Service may arise in the following circumstances:
5.1. Merchant-Initiated Termination
A merchant, including a corporation acting through its authorized management, may elect to discontinue its marketing or other paid services with itsfree2you.com. Where that decision results in the genuine termination of the existing merchant relationship, the relationship shall be treated as having experienced a Material Break in Service.
A change in corporate management, ownership, or decision-makers shall not, by itself, constitute a Material Break in Service. The relevant event is the resulting termination or discontinuation of the merchant relationship.
5.2. Company-Initiated Termination for Cause
itsfree2you.com may terminate or suspend a merchant relationship for cause in accordance with its applicable policies and agreements.
Circumstances that may justify termination for cause include, without limitation:
Publication or submission of foul, vulgar, abusive, or otherwise prohibited content.
Violation of applicable law or regulation.
Willful conduct intended to harm the reputation, operations, or legitimate business interests of itsfree2you.com.
Other material violations of the platform's published policies or contractual requirements.
Where itsfree2you.com determines in good faith, in accordance with Section 3.3 and the applicable agreements and law, that a violation warrants termination of the merchant relationship, the effective termination shall constitute a Material Break in Service.
A temporary suspension imposed while an allegation is investigated or a correctable issue is addressed shall not automatically constitute a Material Break in Service, consistent with Section 3.3.
6. Consequences of a Material Break in Service
Upon a Material Break in Service, the existing merchant attribution shall terminate for purposes of future residual commissions, subject to any commissions already earned and payable under the applicable agreement and law.
The former merchant shall revert to the program's public pool and shall no longer be reserved to the original affiliate solely by reason of the former relationship.
The former affiliate's residual commission entitlement arising from the terminated merchant relationship shall cease as of the effective date of the Material Break in Service, subject to applicable contractual and legal obligations concerning commissions already earned.
The merchant's return to the public pool shall restore its eligibility to be acquired through a new qualifying affiliate referral, subject to the company's eligibility and approval requirements.
Following a Material Break in Service, the former affiliate shall have no automatic right to reclaim the merchant or receive commissions from a subsequent relationship merely because the affiliate originally introduced that merchant to the platform.
7. Reinstatement of a Merchant Previously Terminated for Cause
Where a merchant relationship was terminated for cause, itsfree2you.com may, subject to Section 3.5, applicable law, and contractual obligations, determine that the underlying violation has been adequately remedied and that the merchant is again suitable for participation in the program.
Such reinstatement shall not automatically restore the merchant's former affiliate attribution or residual commission entitlement.
If itsfree2you.com approves the merchant's return, the merchant may be restored to the public pool and made eligible for a new qualifying affiliate acquisition.
The returning merchant shall then be treated as a newly acquired merchant for affiliate attribution and residual commission purposes. A new affiliate who legitimately acquires the merchant shall be eligible for the benefits ordinarily associated with a qualifying initial referral, including the applicable ongoing residual commission entitlement.
If no affiliate is involved in the reacquisition, itsfree2you.com may classify the returning merchant as a Company-Owned Merchant under Section 8.
8. Company-Owned Merchants and Reacquisition by a New Affiliate
A “Company-Owned Merchant” means a merchant attributed directly to itsfree2you.com rather than to an affiliate, in accordance with this policy.
Where a former merchant returns after a Material Break in Service without a qualifying referral or documented reacquisition effort by an affiliate, itsfree2you.com may retain the merchant as a Company-Owned Merchant.
The former affiliate shall not automatically regain attribution merely because that affiliate introduced the merchant before the Material Break in Service.
Where a new affiliate makes a qualifying referral or undertakes a documented, substantive reacquisition effort that results in the merchant's return, itsfree2you.com may attribute the returning merchant to that affiliate in accordance with the applicable attribution rules.
The company shall maintain reasonable standards for determining whether an affiliate has genuinely participated in the reacquisition. Mere contact with a former merchant, without a qualifying referral or substantive involvement, shall not necessarily establish attribution.
Once a returning merchant has been validly attributed to a new affiliate, that affiliate's attribution and residual commission rights shall be governed by the same provisions applicable to an initially acquired merchant, including the thirty-day rule where applicable and the continuing residual commission provisions, subject to any subsequent Material Break in Service.
9. Affiliate Continuity, Legacy Affiliation, and Succession
An affiliate may elect to establish its participation in the program under a separately documented “Legacy Affiliate Arrangement” intended to permit continuity of the affiliate relationship beyond the life or participation of the original individual affiliate.
For example, an affiliate may elect to participate through a designated family, business, or other legally recognized entity, such as “Henderson Family,” rather than solely in the name of an individual.
The decision to establish such an arrangement shall rest with the affiliate, subject to the company's approval, applicable eligibility requirements, and a written agreement identifying the designated successor, entity, or beneficiary and the applicable succession conditions.
A Legacy Affiliate Arrangement shall specify, at a minimum:
The legal identity of the affiliate and the designated successor or continuing entity.
Whether the arrangement continues upon the original affiliate's death, incapacity, retirement, or voluntary withdrawal.
Who is authorized to administer the affiliate account and receive payments.
The conditions under which attribution and residual commission rights continue, transfer, or terminate.
Any applicable tax, identity verification, compliance, and payment requirements.
Unless a Legacy Affiliate Arrangement or other written agreement has been approved and established, the affiliate relationship shall remain personal to the registered affiliate and shall terminate upon the occurrence of a termination event specified in the affiliate agreement, including the affiliate's death, subject to applicable law and any rights that survive termination.
The existence of a Legacy Affiliate Arrangement shall not automatically transfer an affiliate account or payment rights to an unapproved person or entity. Any continuation or transfer shall be administered in accordance with the written arrangement and applicable law.
10. General Administration and Interpretation
itsfree2you.com shall maintain reasonable records of affiliate referrals, merchant attribution, payment status, temporary suspensions, Material Breaks in Service, terminations, reinstatements, and reacquisition events.
The company shall administer these provisions consistently and in good faith, subject to its published policies, contractual rights, and applicable law.
This policy shall be read together with the Terms of Service, affiliate agreement, merchant agreement, commission schedule, and applicable termination and payment provisions.
Nothing in this policy shall be interpreted to authorize the forfeiture of commissions already earned or payable where such forfeiture is prohibited by the governing agreement or applicable law.