Terms of Woodpecker Refer and Earn Program

§1 Introduction

• These Terms (“Refer and Earn Terms”) govern your participation in the Woodpecker Refer and Earn Program (the “Program”). Together with our Terms of Service and Privacy Policy, they form the agreement between you and Woodpecker.
• The Program is run by Woodpecker AI sp. z o.o., Krakowska 29D, 50-424 Wrocław, Poland, KRS 0001266380, NIP PL 8993069460 (“Woodpecker”, “We”, “Us”).
• You join the Program by clicking “Join” (or a similar button) in the Refer and Earn section of your Woodpecker Account. By joining, you accept these Refer and Earn Terms, including the provisions of the Partner Terms listed in point 4. The join screen links to both documents. If you do not accept them, do not join.
• The Program is a simplified version of the Woodpecker Partner Program for existing Woodpecker Customers. It needs no separate registration. Only the following provisions of the Terms of Woodpecker Partner Program (“Partner Terms”) apply to the Program: §5(13)–(14) (information needed for tax reporting) and §9–§12 (warranties, liability, miscellaneous provisions, applicable law). No other provision of the Partner Terms applies. A change to these provisions binds You on the same terms as a change to these Refer and Earn Terms (§7(4)).
• Questions: [email protected].

§2 Definitions

Terms not defined here have the meaning given in the Terms of Service.

• Referrer (“You”) – a Customer who has joined the Program.
• Customer – a person or entity with an active Woodpecker Account and admin permissions in it.
• Referral Link – the unique link assigned to You in the Refer and Earn section of Your Account.
• Referred Customer – a new Customer who creates a Woodpecker Account through Your Referral Link.
• Native Services – Woodpecker subscription plans for Emails Sent, as listed on the pricing page. Native Services do not include paid add-ons (including warm-up and lead finder) or third-party services.
• Referral Income – net payments (excluding taxes) that Woodpecker receives from a Referred Customer for Native Services.
• Commission – the amount You earn under §4.
• Payment Processor – a third party chosen by Woodpecker to track, calculate or pay out Commissions (for example Reditus).

§3 Who Can Join

• To join the Program, You must:

• • be a Customer with an active Woodpecker Account;
  • be at least 18 years old and able to enter into a binding agreement;
  • have an active and verified payout account (such as PayPal) accepted by Woodpecker or the Payment Processor;

• You cannot take part in the Program and the Partner Program for the same Referred Customer. If You are already a member of the Partner Program, Your referrals stay under the Partner Terms.
• We may refuse, suspend or end anyone’s participation in the Program at Our discretion.

§4 Commission

• You earn a Commission of 15% of the Referral Income from each Referred Customer.
• Commission is earned only on Native Services. It is not earned on add-ons, third-party services, taxes or any other fees.
• You earn Commission on each Referred Customer until one of these happens, whichever comes first:

• • 12 months pass from the date that Referred Customer created their Account through Your Referral Link; or
  • the total Commission You earned in the Program, from all Referred Customers together, reaches 1,000 USD. After that, You earn no further Commission on any Referred Customer.

• To generate Commission, the Referred Customer must:

• • follow Your Referral Link in a browser with cookies enabled;
  • be a new Customer, not one who already has or had a Woodpecker Account;
  • pay for a Native Services subscription; and
  • stay a paying Customer for at least 30 days from that payment.

• We link Referred Customers to You only through automatic tracking of the Referral Link (cookie valid for 30 days). We do not assign Referred Customers manually. If a referral cannot be tracked, no Commission is due.

§5 Payouts

• The following payout rules apply (they are the same as in the Partner Program):

• • Commission becomes due 30 days after the start of the Referred Customer’s paid subscription;
  • Commissions are paid in USD via PayPal or via the Payment Processor, whose terms then apply to payout timing and method;
  • You must request a payout within 12 months of the Commission being calculated, or We may cancel it;
  • refunds, chargebacks and cancelled or fraudulent payments are deducted from Your Commission, and no Commission is due for a Referred Customer who breaches the Terms of Service or is located in a territory from which Woodpecker does not accept Customers;
  • Commission amounts include any VAT or other tax, and You are responsible for Your own taxes and any payout fees (such as PayPal fees);
  • if You live outside Poland, You must provide the information listed in §5(13) of the Partner Terms for tax reporting, or payouts will be withheld.

• Unless the Payment Processor’s terms say otherwise, We send payouts to Your PayPal account by the 20th day of the month after the month in which the Commission became due.

§6 Rules

• You may share Your Referral Link with anyone, as long as You follow applicable law, including anti-spam and email marketing law.
• You must not:

• • use Your Referral Link for Your own Account, or for accounts of Your company or people acting on Your behalf;
  • use the word “Woodpecker” as a keyword in paid advertising, or register domain names similar to Woodpecker;
  • send spam, mislead people about Woodpecker, or present Yourself as acting on Woodpecker’s behalf;
  • use Woodpecker logos or graphics other than those in the official Brand Kit;
  • try to inflate Commissions artificially in any way.

• If You break these rules, We may withhold Commission for the affected Referred Customers, suspend Your participation, or end it as described in §7.

§7 Final Provisions

• Personal data. We process Your personal data for the Program in line with Our Privacy Policy. You are responsible for any personal data You process when recommending Woodpecker to others.
• Leaving the Program. You can leave the Program at any time by writing to [email protected]. We may end Your participation at any time. If We end it because You gave false information, broke §6 or acted fraudulently, all unpaid Commissions are forfeited. In other cases, Commission already due will be paid out under §5.
• Closing Your Account. If Your Woodpecker Account is closed, Your participation in the Program ends. Commission already due will be paid out under §5.
• Changes. We may change these Refer and Earn Terms or end the Program. The current version is always available on this page. If You keep taking part after a change, You accept the new version.
• Liability. §9–§12 of the Partner Terms (warranties, liability, miscellaneous provisions, applicable law) apply to the Program, as stated in §1(4). Polish law applies, and disputes go to the common court competent for Woodpecker’s registered office.