SmartSteals Referral Program Terms of Service

1. Program Overview

The SmartSteals Referral Program ("Program") allows registered SmartSteals users ("Referrers") to earn SmartSteals Points ("Points") by referring new users to SmartSteals through our websites (www.smartsteals.com and app.smartsteals.com) and mobile applications (iOS and Android, when available). Points can be redeemed for gift cards or cash, subject to the terms below.

2. Eligibility

To participate in the Program, you must:

• Be a registered SmartSteals user in good standing
• Be at least 18 years of age
• Be a legal resident of the United States
• Have a valid, non-temporary email address
• Agree to these Terms of Service and our Privacy Policy

By joining the Program, you confirm that you meet these requirements. SmartSteals reserves the right to request age and identity verification at any time, including but not limited to when cash redemptions reach $600 or more in a calendar year. Providing false information about your age, identity, location, or any other account information may result in immediate account termination and forfeiture of all Points.

SmartSteals reserves the right to deny or revoke Program eligibility at any time for any reason, including but not limited to violation of these Terms or suspicious activity.

3. How Points Are Earned

3.1 Referral Requirement

You earn Points when someone signs up for SmartSteals using your unique referral link and becomes an active user.

Cookie-Based Tracking: Referral attribution relies on browser cookies with a 30-day window. When someone clicks your referral link, a cookie is stored in their browser. If they sign up within 30 days and the cookie is still present, they may be attributed to your referral.

Important Limitations: Cookie-based tracking is not guaranteed to work in all cases. Referral attribution may fail if the user:

• Clears their browser cookies before signing up
• Uses browser privacy features (incognito/private mode, tracking prevention)
• Uses a different browser or device to sign up than the one they clicked your link on
• Has cookies disabled in their browser settings
• Uses ad blockers or privacy extensions that block tracking cookies

SmartSteals is not responsible for failed referral attribution due to cookie limitations, browser settings, or user behavior. We use last-click attribution—only the most recent referral link clicked within 30 days will receive credit.

3.2 Points Calculation and Distribution

Points are distributed from a daily pool based on your referrals' engagement relative to total site activity. The pool is split amongst Program participants based on their proportional share of active users brought to SmartSteals.

Points are calculated and distributed once per day at SmartSteals' discretion and are subject to review and approval. Distribution timing may vary and is not guaranteed to occur at a specific time each day.

To ensure fair distribution:

• Referrers are guaranteed a minimum earning floor proportional to their contribution to total site referrals
• Referrers are subject to a maximum earning ceiling to prevent any single participant from dominating the pool

Specific calculation methods, pool sizes, floors, and ceilings are proprietary and subject to change at SmartSteals' sole discretion without notice.

3.3 What Pages and Activity Are Tracked

To protect user privacy, SmartSteals only tracks time spent browsing main website pages (such as the homepage, category pages, and search results). We do NOT track:

• Time spent on specific product pages
• Clicks on product links, deals, or any external URLs
• Visits to third-party retailer websites
• Purchases made on any external website
• Interactions with affiliate links of any kind

This policy exists to:

1. Protect your referrals' shopping privacy
2. Maintain compliance with our affiliate partner agreements
3. Ensure our referral program remains legally distinct from affiliate marketing activities

Your referrals' shopping decisions are completely private and have zero impact on your earnings. You are rewarded only for bringing engaged users to SmartSteals—what they do after arriving is their own business.

3.4 Daily Activity Cap to Prevent Abuse

To prevent abuse of the Program, referrals' time spent on the site is only tracked up to a certain amount per day. You earn when your referrals are active, but will not earn more if a single referral is active for 24 hours straight in a single day. This daily cap is proprietary and subject to change.

3.5 Earning Caps Per Referral

Points earned from any single referral are capped at 1,000 Points ($10.00 value) per calendar month. There is no limit to how many users you can refer.

3.6 Points Have No Value Until Redeemed

Points are not property, have no cash value, and represent only a potential future benefit. Points have no guaranteed value until successfully redeemed. Points cannot be sold, transferred, or exchanged except through official SmartSteals redemption channels.

3.7 Welcome Bonus

New users who join the Program will receive 500 Welcome Points upon account creation. This bonus is a one-time award and is subject to the same terms, conditions, and restrictions as all other Points earned through the Program, including verification, fraud detection, and forfeiture provisions. SmartSteals reserves the right to modify or discontinue the Welcome Bonus at any time without notice.

4. Point Distribution

4.1 Daily Distribution

Points are calculated and distributed once per day, subject to SmartSteals' review and approval. SmartSteals reserves the right to delay, withhold, or adjust Point distributions at any time for any reason, including suspected fraud, technical issues, or Program budget limitations.

4.2 Variable Point Rates

Point earning rates are determined at SmartSteals' sole discretion and may vary based on overall Program performance, referral activity levels, site revenue, and other factors. Specific earning rates are not guaranteed and are not disclosed.

4.3 Program Budget

The total Points distributed are subject to daily and monthly Program budgets set by SmartSteals at its sole discretion. Point distribution may be limited if Program caps are reached. Program budgets, allocation percentages, and distribution amounts are proprietary and subject to change without notice.

5. Redemption

5.1 Point Value

100 Points = $1.00 USD

5.2 Gift Card Redemption

Gift card redemption requires a minimum balance of 2,500 Points ($25.00 value). Available gift card options are subject to availability and may change without notice.

Gift cards, in addition to unused Point balances, are not redeemable for cash and cannot be exchanged, resold, or returned for a cash refund (except as required by law). Before purchasing a gift card reward, it is solely your responsibility to verify the relevant services are available in your country or region. Neither SmartSteals nor its affiliates are responsible for lost, stolen, or malfunctioning rewards.

5.3 Cash Redemption

Cash redemption requires a minimum balance of 10,000 Points ($100.00 value). Cash payments will be made via PayPal or another payment method at SmartSteals' discretion. You are responsible for providing accurate payment information.

5.4 Tax Responsibility

You are solely responsible for any taxes owed on Points redeemed. This includes earnings of any amount, whether or not SmartSteals issues tax documentation.

Redemptions totaling $600 or more in a calendar year will require a completed W-9 form before further payouts. The W-9 requires your legal name, address, taxpayer identification number (SSN or EIN), and signature confirming the information is accurate. SmartSteals will issue a 1099-NEC for earnings of $600 or more as required by U.S. law.

If you are unable or unwilling to provide a valid W-9 upon request, cash redemptions will be suspended until documentation is received.

5.5 Point Expiration

Points expire after 12 consecutive months of account inactivity. "Inactivity" includes, but is not limited to: (i) no earning activity, where no Points have been credited or redeemed; (ii) no new referral sign-ups added using your referral code; (iii) no attempts to access the Service. Expired Points cannot be recovered.

6. User Obligations and Prohibited Conduct

6.1 FTC Disclosure Requirements

When promoting SmartSteals or sharing your referral link on websites, social media, blogs, videos, podcasts, or other public channels, you must clearly and conspicuously disclose that you may earn rewards for referrals. The disclosure must be visible and understandable to your audience before they click your link.

Acceptable disclosures include statements such as:

• "I may earn rewards if you sign up through my link"
• "Referral link - I get points if you join"
• "This is a referral link that earns me rewards"

Using only the term "affiliate link" without further explanation is not sufficient under Federal Trade Commission (FTC) guidelines. Failure to make required disclosures may result in Program termination, forfeiture of Points, and potential federal fines.

6.2 Email Marketing Compliance (CAN-SPAM Act)

If you promote SmartSteals or your referral link via email, you must comply with the CAN-SPAM Act, including:

• Using accurate "From," "To," and "Reply-To" information
• Using non-deceptive subject lines
• Identifying the message as promotional if applicable
• Including your valid physical postal address in the email
• Providing a clear and conspicuous way for recipients to opt out of future emails
• Honoring opt-out requests within 10 business days

You may not send unsolicited bulk emails promoting SmartSteals or your referral link. Violation of CAN-SPAM requirements may result in immediate termination from the Program and federal penalties of up to $53,088 per email.

6.3 Prohibited Activities

You agree NOT to:

• Create multiple accounts, fake accounts, or self-refer
• Use bots, scripts, or automated methods to generate referrals or activity
• Refer users from the same household, IP address, or device as yourself
• Use VPNs, proxy services, or tools to change or hide your IP address or geographical location
• Promote the use of VPNs or proxy services to other SmartSteals users or referrals
• Use temporary or "throwaway" email services to create accounts
• Provide false, inaccurate, or misleading information to SmartSteals or its third-party partners
• Misrepresent SmartSteals or the Program in any way
• Spam, send unsolicited messages, or use deceptive practices to obtain referrals
• Attempt to manipulate, hack, intercept, or game the Points system
• Share your account credentials with others
• Participate from outside the United States
• Intentionally or unintentionally violate any applicable local, state, national, or foreign laws
• Violate any third-party terms of service or intellectual property rights
• Fail to make required FTC disclosures when promoting SmartSteals
• Violate CAN-SPAM Act requirements when sending promotional emails

7. Fraud and Abuse

7.1 Detection

SmartSteals employs various methods to detect fraudulent or abusive activity, including but not limited to third-party security and fraud prevention services. These methods are proprietary and confidential.

7.2 Consequences

If SmartSteals determines, in its sole discretion, that you have engaged in fraud, abuse, or violation of these Terms:

• Your pending Points may be forfeited
• Your earned Points may be revoked
• Your account may be suspended or terminated immediately without notice
• You may be permanently banned from the Program and all SmartSteals services
• SmartSteals may pursue legal action and report fraudulent activity to authorities if warranted

7.3 No Appeals

SmartSteals' decisions regarding fraud, abuse, and Terms violations are final and not subject to appeal or review.

8. Program Modifications and Termination

8.1 Modifications

SmartSteals reserves the right to modify, suspend, or terminate the Program or these Terms at any time, with or without notice. Such modifications and additional terms will be effective immediately and incorporated into this agreement. Continued participation after changes constitutes acceptance of the modified Terms.

8.2 Termination

SmartSteals may terminate your participation in the Program at any time for any reason, including but not limited to violation of these Terms, fraudulent activity, or Program discontinuation. Upon termination, unredeemed Points may be forfeited.

8.3 Program Discontinuation

If SmartSteals discontinues the Program entirely, users will be given reasonable notice and an opportunity to redeem earned Points, subject to minimum redemption requirements.

9. Data Collection and Privacy

9.1 Data Collection

To participate in the Program, we collect and process the following information:

• Email Address: Used to send reward notifications, transactional emails, and newsletters (you can unsubscribe from newsletters at any time). Your email may be shared with third-party email service providers and payment processors (such as PayPal) as necessary to operate the Program.
• IP Address: Used for country localization, security, fraud prevention, and site analytics. May be shared with third-party security, fraud prevention, and analytics services.
• Device Identifiers: When using SmartSteals websites or mobile applications (iOS and Android, when available), we collect unique device identifiers (such as user agent, IDFA on iOS, or Advertising ID on Android) to associate your device with your account.
• Referral Activity: We track which users sign up using your referral link and their aggregate engagement with SmartSteals (but not their individual browsing or shopping behavior).
• Payment Information: For cash redemptions of $600 or more per year, we collect your legal name, address, date of birth, and taxpayer identification number (SSN or EIN) as required by law.

9.2 Referral Privacy

We do not share individual referral activity with Referrers. You will see only aggregate statistics (total referrals, active referrals this month, Points earned). Your referrals' specific browsing behavior, product views, and external link clicks are never tracked or shared.

9.3 Data Access and Deletion

If you would like to view the information we have collected about you through your use of the Program, you can request an export of your data by sending an email to [email protected].

If you no longer want to use SmartSteals and wish to delete your account and delete your data from our systems, you can do so by visiting your account settings and clicking on the "Delete Account" button. Your data will be deleted from our systems after 30 days of your request. If you wish to continue using SmartSteals after you have requested account deletion, you will have 30 days to restore your account and cancel the deletion request. Once your account has been deleted, it is not possible to restore your account as all personal data is deleted from our systems.

9.4 Privacy Policy

All data collection is subject to the SmartSteals Privacy Policy. By participating in the Program, you consent to the collection, use, and sharing of your data as described in these Terms and our Privacy Policy.

9.5 Colorado Residents - Additional Privacy Rights

If you are a Colorado resident, you have additional rights under the Colorado Privacy Act, including the right to:

• Access the personal data we have collected about you
• Correct inaccuracies in your personal data
• Delete your personal data
• Opt out of targeted advertising or the sale of your personal data
• Obtain a copy of your personal data in a portable format

To exercise these rights, contact us at [email protected] or use the account deletion feature in your settings. We honor the Global Privacy Control (GPC) and other universal opt-out mechanisms recognized by the Colorado Attorney General. We will respond to your request within 45 days.

10. Platform Usage (Websites and Mobile Apps)

10.1 Supported Platforms

The Program is accessible through:

• SmartSteals websites: www.smartsteals.com and app.smartsteals.com
• SmartSteals mobile applications for iOS and Android (when available)

Referral tracking, Points earning, and redemption function identically across all supported platforms.

10.2 Account Limit

You may use one account per person across all devices and platforms. You may access the same account on multiple devices (computer, phone, tablet). If you are determined to have registered more than one account, all accounts will be terminated and any Points earned on all accounts will be forfeited.

11. Content and Intellectual Property

All text, graphics, user interfaces, photographs, trademarks, logos, artwork, and computer code (collectively "Content"), including but not limited to the design and arrangement of such Content, contained on SmartSteals websites and applications is owned and controlled by SmartSteals or its respective licensors, and is protected by copyright, trademark, and other intellectual property rights. No part of the Content may be copied, reproduced, distributed, or used in any way without SmartSteals' explicit prior written consent.

12. User Conduct and Release

12.1 User Conduct

You agree to use the Program at your own risk, and indemnify and hold harmless SmartSteals, its licensors, affiliates, employees, officers, and directors from all claims for liabilities, losses, and expenses, including reasonable attorney fees, from third parties arising from your use of the Program or violation of these Terms.

12.2 Release

By using the Program you agree to release and hold harmless SmartSteals and its subsidiaries, affiliates, suppliers, distributors, and each such company's officers, directors, employees, and agents (collectively the "Released Parties") from and against any claim or cause of action arising out of participation in the Program or receipt, use, or misuse of any Points or rewards.

13. Disclaimers and Warranties

THE PROGRAM AND ALL SMARTSTEALS SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. YOUR USE OF THE PROGRAM IS AT YOUR OWN DISCRETION AND RISK. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE(S) OR LOSS OF DATA THAT RESULTS FROM SUCH USE.

SMARTSTEALS MAKES NO GUARANTEES REGARDING POINT EARNING RATES, AVAILABILITY, REDEMPTION OPTIONS, OR PROGRAM CONTINUITY.

SMARTSTEALS AND ITS LICENSORS OR AFFILIATES ARE NOT LIABLE FOR ANY ACT OR FAILURE TO ACT BY THEM OR ANY OTHER PARTY REGARDING CONDUCT, COMMUNICATION, OR CONTENT ON THE PROGRAM, AND ARE NOT RESPONSIBLE FOR: (I) ANY INCORRECT OR INACCURATE INFORMATION, PRINTING ERRORS, OR ERRORS IN EQUIPMENT OR PROGRAMMING; (II) TECHNICAL FAILURES OF ANY KIND, INCLUDING BUT NOT LIMITED TO MALFUNCTIONS, INTERRUPTIONS, TRAFFIC CONGESTION, OR DISCONNECTIONS IN PHONE LINES, INTERNET CONNECTIONS, NETWORK HARDWARE, OR SOFTWARE; (III) UNAUTHORIZED HUMAN INTERVENTION IN ANY PART OF THE PROGRAM PROCESS; (IV) TECHNICAL OR HUMAN ERROR WHICH MAY OCCUR IN THE ADMINISTRATION OF THE PROGRAM OR THE PROCESSING OF POINTS; (V) ANY INJURY OR DAMAGE TO PERSONS OR PROPERTY WHICH MAY BE CAUSED DIRECTLY OR INDIRECTLY, IN WHOLE OR IN PART, THROUGH THE USE OR MISUSE OF THE PROGRAM.

14. Limitation of Liability

IN NO EVENT SHALL SMARTSTEALS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING FROM YOUR PARTICIPATION IN THE PROGRAM. OUR TOTAL LIABILITY SHALL NOT EXCEED THE VALUE OF YOUR UNREDEEMED POINTS AS OF THE DATE OF THE CLAIM.

15. Dispute Resolution, Arbitration, and Class Action Waiver

15.1 Informal Resolution

Before filing a claim, you agree to contact SmartSteals at [email protected] to attempt to resolve the dispute informally. In the notice, you must describe the nature and basis of the claim and the specific relief sought. Both parties agree to make good-faith efforts to resolve the dispute before initiating arbitration or litigation.

If the parties cannot reach an agreement within 30 days after the notice is received, either party may commence arbitration as outlined below.

15.2 Binding Arbitration

Except where prohibited by law and except for disputes that qualify for small claims court (as described in Section 15.4 below), you and SmartSteals agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Program ("Dispute") will be settled by binding arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules, rather than in court.

The arbitration will be conducted by a single neutral arbitrator. The arbitrator will decide the dispute in accordance with applicable law and the terms of this agreement. The arbitrator's decision will be final and binding, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

You may find the AAA Consumer Arbitration Rules at www.adr.org. You can initiate arbitration by following the procedures in the AAA Consumer Arbitration Rules.

15.3 Class Action and Jury Waiver

YOU AND SMARTSTEALS AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, REPRESENTATIVE, OR COLLECTIVE ACTION OR PROCEEDING.

UNLESS BOTH YOU AND SMARTSTEALS AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE, CLASS, OR COLLECTIVE PROCEEDING.

YOU AND SMARTSTEALS HEREBY WAIVE ANY RIGHT TO A JURY TRIAL WITH RESPECT TO ANY DISPUTE ARISING OUT OF OR RELATING TO THESE TERMS OR THE PROGRAM.

15.4 Exceptions - Small Claims Court

Notwithstanding the above, either you or SmartSteals may bring an individual action in small claims court if the claim qualifies for small claims court in your jurisdiction.

15.5 Opt-Out of Arbitration

You have the right to opt out of binding arbitration within 30 days of first accepting these Terms by sending written notice to:

SmartSteals
Attn: Legal Department - Arbitration Opt-Out
[email protected]

The notice must include your name, email address, and a clear statement that you wish to opt out of arbitration. If you opt out, neither you nor SmartSteals can require the other to participate in arbitration, but all other terms will continue to apply, including the class action waiver.

15.6 Governing Law

These Terms and any Dispute shall be governed by the laws of the State of Colorado, without regard to conflict of law principles. If the arbitration agreement is found to be unenforceable, any judicial proceeding shall be brought in the state or federal courts located in Colorado, and you consent to the exclusive jurisdiction and venue of such courts.

15.7 Severability of Arbitration Provisions

If any portion of this arbitration agreement is found to be unenforceable or unlawful for any reason, (1) the unenforceable or unlawful provision shall be severed from these Terms, (2) severance of the unenforceable or unlawful provision shall have no impact on the remainder of this arbitration agreement or the parties' ability to compel arbitration of any remaining claims, and (3) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration. The arbitration agreement set forth in this Section 15 will survive the termination of your relationship with SmartSteals.

16. Tracking Your Points and Dashboard

You can track your Points, referrals, and earnings on your affiliate dashboard. Points are updated once per day. Historical Point activity and redemption history are available on your dashboard.

17. Data Security

We are committed to ensuring that your information is secure and protected. In order to prevent unauthorized access or disclosure, we have put in place suitable physical, electronic, and managerial procedures to safeguard and secure the information we collect online. We have implemented reasonable security measures in order to protect your information from loss, misuse, and unauthorized access, disclosure, alteration, or destruction. While we cannot guarantee that loss, misuse, or alteration to data will not occur, we make good faith efforts to prevent such occurrences. We do not warrant or represent that your account or any of your information will be protected against loss, misuse, or alteration by third parties.

18. Changes to This Agreement

SmartSteals reserves the right at any time to modify this agreement and to impose new or additional terms, conditions, or policies on your use of the Program. Such modifications and additional terms will be effective immediately upon posting and incorporated into this agreement. Your continued use of the Program will be deemed acceptance thereof. We will update the "Last Updated" date at the top of these Terms when changes are made.

19. Severability

If any provision of these Terms is found to be unlawful, void, or unenforceable for any reason by a court of competent jurisdiction, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. The remaining provisions will continue in full force and effect.

20. Assignment

You may not assign, transfer, or delegate these Terms or your rights and obligations under these Terms without SmartSteals' prior written consent. SmartSteals may freely assign, transfer, or delegate these Terms and its rights and obligations without restriction. Any attempted assignment in violation of this section is void.

21. Electronic Agreement and Signature

By participating in the Program, checking any acceptance boxes, clicking "I Agree" or similar buttons, or otherwise accessing or using the Program, you acknowledge that you have read, understood, and agree to be bound by these Terms. This constitutes a legally binding electronic signature under the U.S. Electronic Signatures in Global and National Commerce Act (E-Sign Act) and similar state laws.

You agree that your electronic acceptance has the same legal effect as if you physically signed a written agreement. You waive any rights or requirements under any laws or regulations in any jurisdiction that require an original signature or delivery or retention of non-electronic records.

22. Entire Agreement

These Terms, together with the SmartSteals Terms of Service and Privacy Policy, constitute the entire agreement between you and SmartSteals regarding the Program and supersede all prior agreements and understandings.

23. Contact

Questions, complaints, or comments regarding the Program or these Terms? Contact us at: [email protected]