Simms Research Partner Program Agreement

Program summary

The following summary is provided for clarity. The numbered sections below control if there is any conflict.

• A new customer receives 10% off their first qualifying order.
• The Partner earns 20% of the Eligible Merchandise Amount on that first qualifying order.
• The Partner earns 10% of the Eligible Merchandise Amount on qualifying repeat orders paid during the following six calendar months.
• The six-month period begins when the first referred order is paid and qualifies—not when a link is clicked and not when commission clears.
• First-sale link tracking lasts 30 days.
• Commission ordinarily clears 30 days after it is earned, subject to refunds, fraud review, and the other terms below.
• Available balances of at least $25 are processed on the monthly payout schedule after valid payout information is approved.
• The customer discount applies only to the first order. It does not repeat.

1. Definitions

1.1 “Account”

“Account” means the eligible Simms online account through which the Partner accepts this Agreement, receives a Partner Link, views reporting, and submits payout information.

1.2 “Eligible Merchandise Amount”

“Eligible Merchandise Amount” means the amount actually charged for eligible product line items after product discounts and coupons, less refunds allocated to those product line items. It excludes shipping, shipping refunds, taxes, duties, and any other non-product charge.

1.3 “First Qualifying Order”

“First Qualifying Order” means the first completed and paid order by a genuinely new Customer that is validly attributed to the Partner, meets any posted minimum order requirement, is not a self-referral or fraudulent transaction, and is not otherwise excluded under this Agreement.

1.4 “Customer”

“Customer” means the purchaser whose First Qualifying Order creates a Partner Relationship under this Agreement.

1.5 “Partner Link”

“Partner Link” means the unique referral link, code, QR code, or other tracking identifier issued through the Partner’s Account.

1.6 “Partner Relationship”

“Partner Relationship” means the limited commission attribution record created between a Customer and the Partner after a First Qualifying Order. It does not give the Partner ownership of the Customer, access to Customer data, or any right to contact or control the Customer.

1.7 “Products”

“Products” means products sold by Simms strictly for laboratory and research use only. Products are not intended, labeled, or sold for human or animal consumption or for therapeutic, diagnostic, dietary, cosmetic, medical, or veterinary use.

1.8 “Program”

“Program” means the Simms self-serve Partner Program governed by this Agreement, including the current settings and summaries displayed in the Partner’s Account.

1.9 “Qualifying Repeat Order”

“Qualifying Repeat Order” means a later completed and paid order by the same Customer that is recognized through the Partner Relationship, is paid before the six-month earning window ends, meets the relationship’s frozen minimum order requirement, and is not refunded, fraudulent, self-referred, or otherwise excluded under this Agreement.

2. Eligibility and enrollment

2.1 Self-serve enrollment

Simms may make the Program available to eligible Account holders. No paper application or countersigned agreement is required. Enrollment is not automatic, but a previous purchase is not required. The Partner must review this Agreement, affirmatively accept it, and activate the Partner Link.

2.2 Eligibility requirements

To participate, the Partner must:

1. be at least 21 years old;
2. provide accurate, complete, and current Account information;
3. maintain no more than one Partner Account unless Simms approves otherwise in writing;
4. be a U.S. person able to receive USD payments through a U.S. bank account using ACH, through an eligible PayPal account, or through an email address or U.S. mobile number enrolled with Zelle, unless Simms expressly approves another arrangement in writing; and
5. comply with this Agreement, applicable law, and the rules of every platform used to share the Partner Link.

2.3 Company discretion

Simms may approve, reject, limit, suspend, or close participation when reasonably necessary to protect Customers, the Company, the Products, the Program, or legal compliance. Access to an Account or receipt of a Partner Link does not guarantee continued eligibility.

3. Relationship of the parties

3.1 Independent contractor

The Partner participates as an independent contractor and is responsible for their own activities, expenses, equipment, personnel, taxes, permits, and legal obligations. Nothing in this Agreement creates employment, agency, partnership, joint venture, fiduciary, franchise, or sales-representative status.

3.2 No authority to bind Simms

The Partner may not bind Simms, accept payment for Simms, make promises on Simms’s behalf, negotiate Company terms, provide warranties, or describe themselves as an employee, spokesperson, researcher, medical representative, or authorized agent of Simms.

3.3 No obligation to promote

The Partner is not required to publish a minimum amount of content, generate a minimum number of orders, or spend money to participate.

4. How tracking and attribution work

4.1 First-sale tracking window

A Partner Link click creates a tracking record that ordinarily expires after 30 days. A First Qualifying Order must carry a valid tracking identifier or valid Partner code when the order is created. Tracking may not work if cookies or similar storage are blocked, removed, expired, altered, or unavailable.

4.2 Company records control

Simms’s signed tracking and order records are the authoritative basis for determining attribution, qualifying status, commission, reversals, and payout, absent a demonstrated error. A code displayed or communicated by a Customer does not override a different valid attribution already recorded by the system.

4.3 New Customers only

The referral discount and First Qualifying Order commission are available only for a genuinely new Customer. A Customer with a prior paid Simms order is not a new Customer, even if the Customer later clicks a Partner Link or uses a Partner code.

4.4 First qualifying Partner keeps the relationship

The Partner credited with the First Qualifying Order keeps that Customer’s Partner Relationship. A later click, code, or claim by another partner does not replace the original Partner. This first-touch rule continues after the six-month earning window ends unless Simms revokes the relationship or removes its identifying information in response to a valid privacy request.

4.5 Six-month earning window

The earning window begins at the recorded time the First Qualifying Order is paid and qualifies. It ends at the same time of day six calendar months later. A repeat order paid before that exact endpoint may qualify; one paid at or after that endpoint does not. Commission earned before the endpoint may finish clearing afterward.

4.6 No Customer ownership or Customer data

The Partner Relationship exists only to apply the Program’s first-touch and commission rules. The Partner does not acquire ownership of a Customer, the Customer’s account, Customer data, future purchases, or lifetime value. Simms does not disclose the Customer’s identity, email address, payment information, shipping information, or full order details to the Partner.

4.7 No retroactive or catch-up commission

The Program does not create commission retroactively. Orders paid before repeat commission is enabled, while the Program or Partner is suspended, or before a Partner Relationship exists do not later become commissionable merely because the Program is enabled, restored, or receives the order information again.

5. Customer discount

5.1 First-order discount

A genuinely new Customer may receive 10% off eligible merchandise on the First Qualifying Order by using a valid Partner Link or code. The discount does not apply to repeat orders, shipping, taxes, or excluded products and may not be combined with another discount unless Simms expressly permits it.

5.2 No authority to change the offer

The Partner may describe only the discount shown in the Partner Account. The Partner may not invent, enlarge, extend, or misrepresent a discount, expiration date, product eligibility rule, or other offer term.

6. Commission

6.1 First-order commission

The Partner earns 20% of the Eligible Merchandise Amount on a First Qualifying Order.

6.2 Repeat-order commission

The Partner earns 10% of the Eligible Merchandise Amount on each Qualifying Repeat Order paid during the Partner Relationship’s six-month earning window. The Customer receives no repeat-order discount through the Program.

6.3 Frozen relationship terms

When a First Qualifying Order creates a Partner Relationship, the system records the repeat commission rate, six-month duration, minimum order requirement, clearing period, and accepted Agreement version for that relationship. Later Program changes apply prospectively and do not silently reduce the rate or shorten the window already recorded for that Customer. The first-order rate is recorded when the First Qualifying Order qualifies.

6.4 Commission calculations

Commission is calculated in whole U.S. cents from the Eligible Merchandise Amount. Rounding differences of less than one cent do not create an additional payment obligation. Shipping, taxes, duties, and non-merchandise amounts never generate commission.

6.5 No earnings guarantee

Simms does not guarantee clicks, Customers, conversion rates, order volume, commission, profit, or any minimum level of participation.

7. Clearing, payout, and statements

7.1 Clearing period

Qualifying commission ordinarily remains pending for 30 days after it is earned. Simms may extend review when reasonably necessary to evaluate a refund, chargeback, fraud signal, identity conflict, compliance issue, payment issue, or other genuine dispute. Pending commission is not yet available for payout.

7.2 Monthly payout and minimum

Simms processes approved available balances monthly after the balance reaches USD $25. A balance below $25 carries forward while the Account remains eligible. The dashboard will identify commission as pending, available, paid, reversed, or otherwise under review.

7.3 Payout method

Payouts are made in USD through the payment method selected and approved in the Partner’s Account: manual ACH to the approved U.S. bank account, manual PayPal to the approved PayPal email address, or manual Zelle to the approved email address or U.S. mobile number enrolled with Zelle. The Partner must keep payment and contact information accurate and must ensure the selected destination can receive USD payments. Simms records a payout as paid only after the applicable provider reports the payment completed or successful and provides a transaction, batch, trace, or confirmation reference.

PayPal or Zelle availability may depend on the Partner’s account status, financial institution, enrollment, currency support, transaction limits, and the provider’s own rules. For Zelle, the Partner must provide the exact email address or U.S. mobile number enrolled with the intended receiving account. Simms may compare the recipient name shown by its financial institution before sending. A payment that is unclaimed, denied, returned, reversed, or otherwise not completed may be held, retried, or restored to the Partner’s available Program balance as appropriate. Simms is not responsible for delays, holds, rejection, conversion, or fees caused by incorrect Partner information or by the Partner’s bank, PayPal account, or Zelle enrollment.

7.4 Required payout information

Before payout, the Partner must submit the information needed for the selected payment method and any reasonable identity, destination-ownership, sanctions, or fraud-verification information requested by Simms. The Program does not require a Form W‑9 for enrollment or payout setup. Simms may hold payment while required payment or verification information is missing, inaccurate, expired, or under review, or when payment would violate applicable law.

7.5 Final balances

The $25 minimum ordinarily applies after the Partner stops participating. Simms may waive the minimum for a final payment. Amounts that cannot be paid because the Partner has not supplied valid payment information will be handled as required by applicable law, including any applicable unclaimed-property rules.

7.6 Questions about a statement

The Partner should report a suspected calculation or payout error to support@simmsresearch.com within 60 days after it appears in the dashboard. Failure to report within that period does not waive a right that cannot lawfully be waived, but may limit Simms’s ability to investigate stale tracking data.

8. Refunds, reversals, withholding, and clawbacks

8.1 Adjustments

Commission is subject to adjustment for cancellations, product-line refunds, returns, credits, chargebacks, duplicate transactions, nonpayment, fraud, and tracking or calculation errors. A partial product refund produces a corresponding commission reduction based on the refunded product amount.

8.2 First-order reversal

If the First Qualifying Order is reversed before its commission clears, Simms may revoke the pending Partner Relationship and reverse pending repeat commission associated with it. If the first-order commission has already become available or been paid, Simms may place the relationship and later commission under review before deciding whether to restore or revoke it.

8.3 Offsets and repayment

If commission already paid later proves unearned, Simms may deduct the amount from future commission. If future commission is insufficient, Simms may request repayment to the extent permitted by law. Simms will not withhold unrelated, validly earned commission without a good-faith basis.

8.4 Compliance holds and forfeiture

Simms may hold commission connected to suspected fraud, manipulated traffic, self-referral, prohibited marketing, identity conflict, or material breach while it investigates. Commission generated through fraud, unlawful conduct, tracking manipulation, or material breach may be reversed or forfeited.

9. Permitted sharing and brand license

9.1 Organic sharing

Unless Simms gives prior written approval, the self-serve Program is for genuine organic sharing through channels the Partner owns or controls. It does not authorize paid media, mass outreach, coupon distribution services, or acting as an official Simms sales representative.

9.2 Limited license

While the Partner remains eligible, Simms grants a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to share the Partner Link and use unaltered Marketing Materials that Simms expressly makes available for the Program. The license is solely for accurate, compliant promotion of the Products.

9.3 Brand restrictions

The Partner may not alter Simms logos, create derivative branding, imply sponsorship or official status, or use Simms names or marks in a domain, subdomain, social-media handle, email address, business name, app name, or other identifier. All goodwill from permitted use of Simms marks belongs to Simms.

10. Required commission disclosures

10.1 Every endorsement must disclose the relationship

Whenever the Partner endorses, recommends, reviews, or promotes Simms or a Product in connection with a Partner Link or code, the Partner must clearly and conspicuously disclose that they may earn commission.

An acceptable plain-language disclosure is:

I earn a commission if you purchase through this link or code.

“Affiliate link,” “Partner,” “ambassador,” “collab,” a discount code by itself, or a disclosure hidden on a profile page is not sufficient by itself.

10.2 Placement and format

The disclosure must be easy to notice, understand, and connect to the endorsement before a person acts on it. It must appear close to the Partner Link or recommendation, in the same language as the endorsement, and in every medium needed for the audience to receive it.

10.3 Honest endorsements only

The Partner may express only opinions they honestly hold and may not claim an experience they did not have. Payment does not require a positive review. No endorsement may communicate an express or implied claim that would be false, misleading, unlawful, or prohibited by Section 11.

11. Research-use-only and product-claim restrictions

11.1 Research-use-only status

The Partner acknowledges that the Products are sold strictly for laboratory and research use only and are not intended for human or animal consumption, ingestion, injection, self-administration, or therapeutic, diagnostic, dietary, cosmetic, medical, or veterinary use.

11.2 Prohibited statements and depictions

The Partner must not state, show, suggest, link to, endorse, or encourage:

1. human or animal use, consumption, ingestion, injection, or self-administration of a Product;
2. dosing, cycling, stacking, reconstitution for human or animal use, routes of administration, or similar usage instructions;
3. a claim that a Product treats, cures, mitigates, diagnoses, prevents, or alleviates a disease, condition, symptom, or biological function;
4. a health, safety, medical, therapeutic, performance, hormonal, recovery, anti-aging, weight-loss, fitness, cosmetic, or veterinary benefit;
5. personal experience from consuming or administering a Product;
6. FDA approval, clinical approval, pharmacy status, prescription status, or any other regulatory status that Simms has not expressly confirmed in writing; or
7. any false, misleading, exaggerated, unsubstantiated, or contradictory statement or visual implication concerning Simms or a Product.

11.3 Disclaimers do not cure prohibited content

Adding “research use only,” “not for human consumption,” or another disclaimer does not make otherwise prohibited content acceptable. The overall message, including images, links, hashtags, demonstrations, comments, and surrounding context, must be consistent with research use only.

11.4 Corrections

The Partner must promptly correct or remove content that Simms reasonably believes violates this Agreement. Unless Simms specifies a shorter period for an urgent safety or legal concern, the Partner must comply within 48 hours after notice.

12. Prohibited marketing practices

The Partner must not:

1. send spam, unsolicited bulk email, or marketing texts or calls without the legally required consent;
2. use false sender information, deceptive subject lines, or commercial email that lacks required advertising identification, postal-address, and opt-out information;
3. use paid search, paid social advertising, display advertising, sponsored placements, or other paid media without Simms’s prior written approval;
4. bid on Simms trademarks or confusingly similar terms, or use them in paid-ad copy;
5. publish a Partner code on a coupon, cashback, deal, loyalty, browser extension, toolbar, or automatic-code website or service without written approval;
6. use cookie stuffing, forced clicks, invisible redirects, pop-ups, adware, malware, automated traffic, fake clicks, bots, or any method that sets or overwrites tracking without a person’s knowing and voluntary action;
7. make a self-referral, create duplicate Accounts, purchase through an entity the Partner controls, or arrange a transaction primarily to generate commission;
8. pay, rebate, split, or promise any part of the Partner’s commission to induce an order, except for the official Customer discount supplied by Simms;
9. buy or fabricate reviews, testimonials, followers, engagement, traffic, or identities, or condition an incentive on a positive review;
10. impersonate Simms or another person, use an account obtained through account takeover, or use a deepfake or synthetic identity in a misleading way;
11. scrape, copy, frame, mirror, or interfere with a Simms website or Account;
12. promote on a platform that prohibits the Products or the promotion, target promotion primarily to persons under 21, or knowingly promote to a person under 21; or
13. engage in unlawful, deceptive, misleading, abusive, or unethical conduct connected to the Program.

Nothing in this Agreement requires a positive review or prevents the Partner from expressing an honest opinion about Simms or a Product. Any compensated review or endorsement must still include the disclosures required by Section 10 and comply with the research-use-only rules in Section 11.

13. Monitoring and cooperation

13.1 Company review

Simms may review publicly available Partner content, traffic patterns, referred orders, and Program activity to monitor compliance. The Partner must provide the identity of relevant promotional accounts or channels and reasonable supporting records when Simms makes a good-faith compliance inquiry.

13.2 Investigation

The Partner must cooperate with reasonable investigations of suspected fraud, tracking manipulation, unlawful promotion, product-claim violations, or missing disclosures. Simms may suspend the Partner Link and payouts while an investigation is pending.

13.3 No approval by silence

Simms’s failure to review, object to, or request removal of content does not approve the content, make Simms its publisher, or excuse the Partner’s obligations.

14. Taxes and payment compliance

14.1 Partner responsibility

The Partner is responsible for federal, state, local, and other taxes arising from Program payments. Simms does not provide tax advice and does not gross up commission for taxes or withholding.

14.2 Tax forms and reporting

The Program does not require the Partner to submit Form W‑9 as a condition of enrollment or payout setup. Simms will comply with information-reporting and withholding obligations that apply to Program payments.

14.3 Verification and lawful payment

The Partner represents that they are not a prohibited or sanctioned person and are not acting for one. Simms may conduct reasonable identity, payment, fraud, export-control, and sanctions checks. Simms may delay or decline payment when payment would be unlawful or required verification cannot be completed.

15. Privacy and data

15.1 Program records

To operate the Program, Simms may process Account information, Partner Link and visit records, order identifiers, commission and payout records, payment information, and limited Customer identifiers. Customer-to-Partner matching may use a WooCommerce Customer ID and a keyed cryptographic hash of the Customer’s billing email. Simms handles personal information under its Privacy Policy.

15.2 Relationship retention

Simms may retain the Partner Relationship after the six-month earning window to enforce first-touch attribution, prevent conflicting claims, investigate fraud, maintain tax and financial records, resolve disputes, and comply with law. A valid privacy request may remove Customer identity from the relationship while financial, fraud-prevention, tax, and audit records are retained as permitted or required by law.

15.3 No Partner access to Customer data

The Partner receives aggregate and limited transaction reporting only. The Partner may not demand, infer, sell, disclose, or attempt to obtain Customer identity or personal information from Program data.

15.4 Partner-collected data

If the Partner independently collects personal information through their own channel, they do so for themselves—not for Simms—and are solely responsible for providing required notices, obtaining required consent, securing the data, and complying with applicable privacy and communications laws.

16. Confidential information

16.1 Definition

“Confidential Information” means non-public information Simms intentionally provides to the Partner and identifies as confidential, or that a reasonable person would understand to be confidential from its nature and context. Public Program rates, this Agreement, and information already visible on the public Simms website are not Confidential Information.

16.2 Protection and permitted use

The Partner may use Confidential Information only for authorized Program participation and may not disclose it to another person without Simms’s written permission. This restriction does not cover information lawfully known without a duty of confidentiality, independently developed, publicly available through no breach, or required to be disclosed by law.

17. Suspension and termination

17.1 Partner termination

The Partner may stop participating at any time by contacting support@simmsresearch.com. The Partner remains responsible for content and conduct that occurred before termination.

17.2 Company suspension or termination

Simms may suspend or terminate participation immediately for fraud, prohibited content, missing disclosures, self-referral, tracking manipulation, legal or platform risk, failure to provide payout information, or another material breach. Simms may also end or limit the Program for business reasons on reasonable notice when practical.

17.3 Effect

On suspension or termination, the Partner Link may be disabled and no new commission accrues unless Simms expressly states otherwise. The Partner must stop presenting themselves as a Simms Partner and stop using Simms marks and Marketing Materials. Simms may require removal or correction of existing content.

17.4 Earned commission

Subject to Sections 7, 8, and 14, valid commission earned before the effective time of suspension or termination remains payable after it clears. Commission connected to the conduct that caused termination may be reversed or forfeited as permitted by this Agreement and law.

18. Representations and warranties

The Partner represents, warrants, and agrees that:

1. they satisfy the eligibility requirements in Section 2;
2. their Account, payment, and channel information is accurate and current;
3. they own or have permission to use all content and channels used for promotion;
4. their content and conduct comply with this Agreement, applicable law, and platform rules; and
5. they will not infringe another person’s intellectual-property, privacy, publicity, contractual, or other rights.

19. Indemnification

The Partner will defend, indemnify, and hold harmless Simms and its affiliates, officers, directors, employees, and agents from third-party claims, regulatory actions, losses, liabilities, fines, penalties, damages, costs, and reasonable attorneys’ fees arising from or related to the Partner’s content, conduct, breach of this Agreement, violation of law, violation of a third-party right, or handling of information collected through the Partner’s own channels.

Simms will give reasonable notice of an indemnified claim and may control its defense. The Partner may not settle a claim in a way that admits fault by or imposes an obligation on Simms without Simms’s written consent.

20. Disclaimers and limitation of liability

20.1 Program provided as available

The Program, tracking, dashboard, Partner Link, and Marketing Materials are provided “AS IS” and “AS AVAILABLE.” To the maximum extent permitted by law, Simms disclaims implied warranties, including merchantability, fitness for a particular purpose, non-infringement, and any warranty that the Program will be uninterrupted, error-free, secure, or profitable.

20.2 Excluded damages

To the maximum extent permitted by law, neither party is liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or lost profits, revenue, data, or goodwill, arising from the Program, even if advised that such damages were possible.

20.3 Liability cap

To the maximum extent permitted by law, Simms’s total liability arising from the Program or this Agreement will not exceed the greater of (a) commission paid or payable to the Partner during the three months before the event giving rise to the claim or (b) USD $1,000. Nothing in this Agreement limits liability that cannot lawfully be limited.

21. Dispute resolution, arbitration, and class-action waiver

21.1 Informal resolution first

Before filing a claim, the parties will make a good-faith effort for 30 days to resolve the dispute through written notice. Notice to Simms must be sent to support@simmsresearch.com and describe the Partner, Account email, relevant facts, and requested resolution.

21.2 Individual arbitration

Except for a claim concerning intellectual property or seeking temporary or injunctive relief, a dispute arising from this Agreement or the Program will be resolved by final and binding individual arbitration administered by the American Arbitration Association under its applicable rules. Arbitration will be conducted by video conference or seated in Miami-Dade County, Florida. Judgment on an award may be entered in a court with jurisdiction.

21.3 Class-action waiver

The parties waive the right to participate in a class, collective, consolidated, mass, or representative action or arbitration. If this waiver is held unenforceable for a particular claim, that claim will be litigated in the courts identified in Section 22 rather than arbitrated.

21.4 Arbitration opt-out

The Partner may opt out of Sections 21.2 and 21.3 within 30 days after first accepting this Agreement by emailing support@simmsresearch.com from the Account email. The notice must state the Partner’s full name and clearly say that the Partner is opting out of arbitration for the Self-Serve Partner Program.

22. Governing law and courts

Florida law governs this Agreement without regard to conflict-of-laws rules. Subject to Section 21, the state and federal courts located in Miami-Dade County, Florida have exclusive jurisdiction, and each party consents to those courts.

23. Changes to the Program or Agreement

23.1 Program changes

Simms may change future rates, discounts, eligibility rules, thresholds, clearing periods, payout timing, or other Program features by posting updated terms or giving reasonable electronic notice. A change does not reduce commission already validly earned. A frozen Partner Relationship keeps the economic terms described in Section 6.3 unless a change is required by law or the Partner expressly agrees otherwise.

23.2 Agreement changes and fresh acceptance

Material changes will carry a new version and effective date and may require the Partner to review and accept the updated Agreement before the Partner Link can be used again or new commission can accrue. Continuing after required fresh acceptance constitutes agreement to the updated version.

24. General provisions

24.1 Assignment

Simms may assign this Agreement to an affiliate, buyer, or successor. The Partner may not assign or transfer this Agreement, the Account, a Partner Link, or commission rights without Simms’s written consent.

24.2 Severability

If a provision is held invalid or unenforceable, it will be enforced to the maximum extent permitted and the remaining provisions will remain effective.

24.3 Waiver

A failure or delay in enforcing a provision is not a waiver. A waiver must be in writing and applies only to the specific instance stated.

24.4 Force majeure

Neither party is liable for delay or failure caused by events beyond reasonable control, except for payment obligations already accrued. Examples include natural disasters, war, civil unrest, labor disruption, government action, and material internet, banking, carrier, or service-provider outages.

24.5 Notices

Simms may notify the Partner through the Account, the Account email, or another reasonable electronic method. The Partner must send legal and Program notices to support@simmsresearch.com and keep the Account email current.

24.6 Electronic records and acceptance

The parties consent to electronic records and signatures. The Partner’s click-to-accept action, together with the recorded Account, Agreement version, date, and time, constitutes the Partner’s electronic signature.

24.7 No third-party beneficiaries

This Agreement benefits only Simms and the Partner and creates no enforceable right for a Customer or another person.

24.8 Headings

Headings are for convenience and do not alter meaning.

24.9 Entire agreement

This Agreement, the Privacy Policy, and the current Program settings displayed in the Account are the entire agreement concerning the self-serve Program and replace prior discussions about that Program. A separate written private affiliate agreement remains governed by its own terms.

24.10 Survival

Sections 3, 4.6, 7, 8, 10, 11, 12, 14, 15, 16, 17.4, and 18 through 24, and payment obligations accrued before termination, survive termination to the extent necessary to give them effect.

Contact

Questions about this Agreement or the Program may be sent to:

Simms Research LLC

Email: support@simmsresearch.com