Terms & Conditions

Sparks Affiliates LLC

Effective Date: May 1, 2026

BINDING AGREEMENT — READ BEFORE JOINING OUR PROGRAM. THESE TERMS & CONDITIONS CONTAIN A MANDATORY INDIVIDUAL ARBITRATION CLAUSE, A PROHIBITION ON CLASS ACTIONS, A JURY TRIAL WAIVER, A MONETARY LIABILITY CEILING, AND OTHER PROVISIONS THAT SUBSTANTIALLY LIMIT YOUR LEGAL REMEDIES. SUBSCRIBING TO OUR EMAILS, VISITING OUR WEBSITE, OR SUBMITTING ANY INFORMATION TO SPARKS AFFILIATES SIGNALS YOUR UNCONDITIONAL ACCEPTANCE OF EVERY PROVISION BELOW.

[A]  Agreement

These Terms & Conditions (“Terms”) form a binding contract between you (“Associate”) and Sparks Affiliates LLC (“Sparks Affiliates,” “we,” or “us”), a limited liability company organised under the laws of Montana, United States. They govern your participation in our email marketing program (the “Program”), your use of https://sparkaffiliates.io, and every interaction between you and Sparks Affiliates.

These Terms operate alongside our Privacy Policy, which governs the collection and handling of personal data gathered through the Program. Key terms defined here — including “Associate,” “Protected Persons,” and “Program” — carry the same meanings in the Privacy Policy.

Defined terms.  “Program” means the email marketing program we operate, including all commercial emails, sponsored sends, affiliate placements, and related communications distributed through our lists. “Protected Persons” means Sparks Affiliates LLC together with its managers, members, officers, employees, contractors, technology vendors, data suppliers, advertising counterparties, and affiliated entities — whether a claim is asserted against any of them individually or collectively.

Acceptance.  Joining the Program, visiting our website, clicking a link in any of our emails, or submitting information to us signals your acceptance of these Terms. No written signature is required.

Eligibility.  You must be at least eighteen (18) years of age and legally competent to enter contracts. If you are under eighteen, do not subscribe. Use of the Program must be lawful in your jurisdiction; you are responsible for confirming this before subscribing.

COPPA.  We do not knowingly collect data from children under thirteen (13). If such data reaches us, we will delete it promptly. Contact contact@sparkaffiliates.io to report a potential COPPA issue.

[B]  Nature of the Program

What we are.  Sparks Affiliates is a marketing agency. We provide email marketing services, affiliate program management, and performance-based marketing campaigns on behalf of our clients and commercial partners. We connect Associate audiences with products, services, and offers from third-party businesses across various industries.

What we are not.  Sparks Affiliates is not a licensed professional services firm of any kind. We do not provide legal, financial, medical, investment, tax, or other regulated professional advice. We are a marketing intermediary — we distribute messages, we do not provide personal counsel.

NOTHING IN OUR EMAILS OR ON OUR WEBSITE CONSTITUTES PROFESSIONAL ADVICE OF ANY KIND — INCLUDING LEGAL, FINANCIAL, INVESTMENT, MEDICAL, OR TAX GUIDANCE. ALL CONTENT IS GENERAL, PROMOTIONAL, AND INFORMATIONAL ONLY. BEFORE ACTING ON ANY INFORMATION YOU RECEIVE THROUGH THE PROGRAM, CONSULT A SUITABLY QUALIFIED PROFESSIONAL. SPARKS AFFILIATES ACCEPTS NO RESPONSIBILITY FOR DECISIONS MADE ON THE BASIS OF OUR PROGRAM CONTENT.

No professional relationship.  Receiving our emails does not create an advisory, fiduciary, agency, or professional relationship between you and us of any kind. We are a marketing company distributing messages on behalf of clients — nothing more.

[C]  Content Disclosures

Informational purpose.  Every piece of content we distribute is created and sent for promotional and informational purposes. Nothing we send is intended to, or should be construed as, a directive, a personalised recommendation, or a substitute for professional advice specific to your situation.

Accuracy.  Sparks Affiliates distributes content created by our clients, partners, and in some cases our own editorial staff. We make reasonable efforts to avoid distributing content that is knowingly false or misleading, but we do not independently verify every claim made in client-supplied materials. We are not the author of all content we distribute.

AI-assisted content.  We may use AI tools to help draft or edit marketing content. Human review is applied before distribution. AI-generated content may contain errors or outdated information.

Third-party claims.  Products and services promoted through the Program are the responsibility of the respective advertisers and clients. Their claims about their offerings are their own. We do not warrant the accuracy of any third-party promotional claim.

[D]  Commercial Relationships

FTC disclosure.  Sparks Affiliates earns revenue by providing marketing services to clients and by participating in affiliate programs. This section, together with per-email disclosures placed at the point of each commercial placement, constitutes our standing material-connection disclosure under the Federal Trade Commission’s endorsement guidelines at 16 C.F.R. Part 255.

How we earn.  Compensation formats include cost-per-click fees, cost-per-acquisition commissions, revenue-sharing arrangements, and fixed-fee service agreements with clients. Partners may span a broad range of industries and product categories.

Partner vetting.  We screen clients and affiliate partners before placing their offers into the Program. We will not knowingly distribute content for products that are deceptive, unsafe, or illegal. That screening does not substitute for your own evaluation before engaging with any promoted product or service.

Compensation is not an endorsement.  A commercial arrangement with a client or partner means they have paid us for marketing services — nothing more. It is not an endorsement, a quality certification, or a suitability determination by us.

Data shared with clients and affiliate partners — including attribution signals — is described in the How We Share Your Data section of our Privacy Policy.

Influence on content.  Commercial arrangements may affect which offers appear in the Program, their prominence, and how frequently they are featured. Weigh this possibility when evaluating any content we send.

[E]  Email Communications and Consent

How we manage your email address — including suppression file practices and third-party delivery partner arrangements — is described in the Email Program and How We Share Your Data sections of our Privacy Policy.

What we send.  By providing your email address to us — directly or through a source from which we lawfully acquired your contact information — you consent to receive Program emails. These may include promotional offers, sponsored content, affiliate placements, and messages on behalf of our clients and partners.

CAN-SPAM.  Our commercial emails comply with the CAN-SPAM Act (15 U.S.C. § 7701 et seq.). Each message identifies the sender, includes a physical mailing address, uses an honest subject line, and carries a working unsubscribe link. Opt-out requests are processed within ten (10) business days.

Unsubscribe.  Click the unsubscribe link in any email or write to contact@sparkaffiliates.io. Once actioned, your address enters our suppression file and will not be used for future Program sends.

Electronic communications.  Program emails satisfy any legal requirement that communications be made in writing, to the degree permitted by applicable law.

SMS.  Where we send text messages, we will obtain prior express written consent as required by the Telephone Consumer Protection Act (47 U.S.C. § 227). Reply STOP to opt out of texts. Text opt-outs do not cancel email delivery.

CASL.  For Canadian Associates, we rely on the express or implied consent recorded at the time your contact information was collected, consistent with Canada’s Anti-Spam Legislation.

[F]  Associate Obligations

By joining the Program, you represent and warrant that:

1. you are at least eighteen (18) years old and legally competent to enter into these Terms;
2. your jurisdiction does not prohibit your participation in the Program or receipt of our emails;
3. you are not listed on, and are not owned or controlled by any entity listed on, any sanctions register maintained by OFAC, the U.S. State Department, the EU, or any other applicable authority;
4. you will not use the Program for any unlawful purpose;
5. you will form your own independent judgments before acting on any information from the Program and will not treat Program content as a substitute for professional advice; and
6. any information you provide to us is accurate and current.

BY JOINING THE PROGRAM YOU ACCEPT ALL RISK ARISING FROM: (I) DECISIONS YOU MAKE IN CONNECTION WITH CONTENT IN OUR EMAILS; (II) YOUR INTERACTIONS WITH ANY CLIENT, ADVERTISER, SPONSOR, OR AFFILIATE PARTNER; (III) THE POSSIBILITY THAT PROGRAM CONTENT CONTAINS ERRORS, OMISSIONS, OR OUTDATED INFORMATION; AND (IV) ANY OTHER CONSEQUENCE OF PARTICIPATING IN THE PROGRAM. THE PROTECTED PERSONS ARE NOT RESPONSIBLE FOR ANY LOSS YOU SUFFER IN CONNECTION WITH THE PROGRAM.

You acknowledge that no content distributed through the Program has served as the sole or primary basis for any significant decision you have made. To the degree the governing law allows, you release the Protected Persons from any claim grounded on reliance on Program content.

[G]  Privacy Rights Procedures

Your substantive privacy rights — what data we hold, what may have been sold or shared, and the full scope of rights under the CCPA, GDPR, CASL, and other frameworks — are described in the Your Privacy Rights section of our Privacy Policy.

To exercise a privacy right, submit a verifiable request to contact@sparkaffiliates.io with the subject line “Privacy Rights Request — [your state or country].” We will acknowledge within ten (10) business days.

California Associates.  We respond within forty-five (45) calendar days, with a possible forty-five-day extension for complex requests. Identity verification is required for deletion, correction, and disclosure requests. Authorized agents must provide written authorization and proof of their own identity.

EEA, UK, and Swiss Associates.  We respond within one calendar month. Extensions of up to two months are available for complex requests. If we decline, we will explain why and describe your right to complain to your local supervisory authority.

All other Associates.  We respond within the timeframe required by applicable law and will include an explanation and, where required, an appeal mechanism.

[H]  Liability, Warranties, and Indemnification

EXCLUDED LOSSES. THE PROTECTED PERSONS ARE NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR SPECULATIVE LOSS — INCLUDING LOST PROFITS, DATA LOSS, REPUTATIONAL HARM, OR HARM CAUSED BY THE ACTIONS OF THIRD-PARTY CLIENTS, ADVERTISERS, OR PARTNERS — REGARDLESS OF HOW A CLAIM IS FRAMED OR WHETHER ANY PROTECTED PERSON WAS AWARE SUCH HARM WAS POSSIBLE.

MONETARY CEILING. THE AGGREGATE LIABILITY OF ALL PROTECTED PERSONS FOR ALL CLAIMS OF ANY KIND ARISING FROM OR RELATED TO THESE TERMS OR THE PROGRAM IS LIMITED TO THE GREATER OF: (I) ONE HUNDRED U.S. DOLLARS (US $100.00); OR (II) AMOUNTS YOU ACTUALLY PAID TO SPARKS AFFILIATES IN THE TWELVE MONTHS BEFORE THE EVENT GIVING RISE TO YOUR CLAIM. THIS CEILING APPLIES TO ALL CLAIMS COMBINED — IT IS NOT RECALCULATED PER CLAIM OR PER INCIDENT. WHERE APPLICABLE LAW SETS A MANDATORY MINIMUM RECOVERY, THE CEILING DOES NOT REDUCE RECOVERY BELOW THAT FLOOR.

Specific exclusions.  The Protected Persons accept no responsibility for: decisions you make after receiving Program content; reliance on any claim made in third-party promotional material distributed through the Program; your dealings with any client, advertiser, affiliate, or sponsor; unauthorized access to your data resulting from circumstances outside our control; errors in AI-assisted content; or the content or practices of any third-party resource linked from the Program.

Jurisdictional savings.  Where applicable law prohibits the exclusion of certain liability categories, our liability is limited to the maximum degree that law permits.

Indemnification.  You agree to defend and hold the Protected Persons harmless from all claims, damages, costs, and expenses — including legal fees — arising from: your use of the Program; decisions you make based on our content; your breach of these Terms or our Privacy Policy; your dealings with any client, advertiser, or affiliate; content you submit to us; your infringement of any third-party right; or any dispute between you and a third party relating to the Program. This obligation survives termination.

WARRANTY DISCLAIMER. THE PROGRAM AND ALL CONTENT ARE PROVIDED AS-IS AND AS-AVAILABLE WITH NO WARRANTY OF ANY KIND. WE DISCLAIM ALL IMPLIED WARRANTIES — INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE PROGRAM WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT ANY CONTENT IS ACCURATE, COMPLETE, OR CURRENT.

[I]  Intellectual Property

Ownership.  All content, trademarks, logos, domain names, and software associated with the Program that originate from Sparks Affiliates LLC are owned by us or our licensors and are protected by applicable intellectual property law.

Limited licence.  You may read Program content for personal, non-commercial reference. You may not reproduce, redistribute, adapt, sell, or create derivative works from any of our proprietary content without our prior written consent.

Anti-scraping.  You may not use automated tools — including bots, scrapers, or data-harvesting pipelines — to extract content from our website or Program. Unauthorised automated access may result in civil and criminal liability.

[J]  Governing Law and Disputes

Governing law.  These Terms are governed by the law of the State of Montana, United States, excluding its conflict-of-laws rules. The Federal Arbitration Act, 9 U.S.C. §§ 1–16, governs the arbitration agreement below.

Pre-dispute notice.  Before initiating arbitration, the party with a grievance must deliver a written Notice of Dispute describing the claim and the relief sought. Notices from Associates go to contact@sparkaffiliates.io. After delivery, both parties commit to thirty (30) calendar days of good-faith informal resolution before either may file for arbitration.

BINDING INDIVIDUAL ARBITRATION. ANY DISPUTE, CLAIM, OR CONTROVERSY ARISING OUT OF OR RELATING TO THESE TERMS OR THE PROGRAM — INCLUDING QUESTIONS OF ARBITRABILITY — THAT IS NOT RESOLVED INFORMALLY WILL BE RESOLVED THROUGH BINDING INDIVIDUAL ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION UNDER ITS CONSUMER ARBITRATION RULES. IF THE AAA CANNOT SERVE, THE PARTIES WILL AGREE ON AN ALTERNATIVE OR A COURT WILL APPOINT ONE. THE SEAT OF ARBITRATION IS BILLINGS, MONTANA, UNITED STATES, OR REMOTELY WHERE THE RULES PERMIT. THE AWARD IS FINAL AND MAY BE ENTERED AS A COURT JUDGMENT.

Mass arbitration.  If fifty (50) or more similar claims against the Protected Persons are filed by coordinated counsel or claimants, those claims will be staged: an initial cohort of up to fifteen (15) claims per side proceeds first; all remaining claims are stayed. First-cohort outcomes serve as reference material for the remaining claims.

CLASS ACTION WAIVER. ALL DISPUTES MUST BE RESOLVED INDIVIDUALLY. NEITHER PARTY MAY INITIATE OR PARTICIPATE IN ANY CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION. IF THIS WAIVER IS FOUND UNENFORCEABLE OR ARBITRATION IS ORDERED ON A CLASS BASIS, THE ENTIRE ARBITRATION AGREEMENT ABOVE IS VOID.

JURY TRIAL WAIVER. TO THE MAXIMUM DEGREE THE LAW PERMITS, BOTH PARTIES WAIVE THE RIGHT TO A JURY TRIAL IN ANY PROCEEDING ARISING FROM THESE TERMS OR THE PROGRAM.

Fallback jurisdiction.  If arbitration is unavailable or unenforceable for a particular matter, both parties submit to the exclusive jurisdiction of the federal and state courts in Yellowstone County, Montana, and waive any objection to that forum.

LIMITATION PERIOD. ANY CLAIM MUST BE FILED WITHIN ONE (1) YEAR OF ACCRUAL. CLAIMS FILED LATER ARE PERMANENTLY BARRED.

[K]  General

No update duty.  Sparks Affiliates has no obligation to revise or retract any content after it is distributed. Each send reflects information available at the time of preparation.

Third-party links.  The Program and website may link to third-party destinations we do not control. We are not responsible for their content, privacy practices, or availability. Following such links is at your own risk.

Force majeure.  We are not liable for failure or delay caused by events outside our reasonable control, including natural disasters, government actions, infrastructure failures, or cyberattacks.

Equitable relief.  Violations of our intellectual property rights or anti-scraping provisions may cause harm that monetary damages cannot adequately remedy. We may seek injunctive relief from any competent court without posting bond.

Assignment.  You may not assign these Terms. Sparks Affiliates may assign them freely in connection with any corporate transaction.

No third-party beneficiaries.  These Terms benefit only Sparks Affiliates and you. No third party gains any right or remedy under them.

Severability.  If any provision is unenforceable, it will be modified minimally or severed. Remaining provisions continue in effect.

Non-waiver.  Our failure to enforce a right does not waive it. Waivers must be in writing signed by an authorised representative.

Amendments.  We may update these Terms at any time. The current version is posted at https://sparkaffiliates.io with an updated Effective Date. Continued participation in the Program constitutes acceptance. Material changes will be communicated as required by law.

Entire agreement.  These Terms, together with our Privacy Policy, are the complete agreement between us. They supersede all prior understandings on the same subject matter.

Survival.  Sections [B], [C], [D], [F], [H], [I], [J], and [K] survive termination of these Terms.

[L]  Contact

Questions about these Terms or the Program:

Sparks Affiliates LLC

848 Main St Ste 10

Billings, Montana, 59105

Email: contact@sparkaffiliates.io

Website: https://sparkaffiliates.io