Affiliate Agreement
Version v5-2026-10-20
1. Definitions
"Thmenu" or "Company" means Synaltix LLC, a New Mexico limited liability company that operates the Thmenu SaaS platform. "Affiliate" means an individual or entity who has registered for the Thmenu Affiliate Program. "Referral Code" means the unique THM-XXXXXX code issued to the Affiliate; it identifies the Affiliate's referral link. "Restaurant" means a business that opens a Thmenu account after arriving through the Affiliate's referral link and is attached to the Affiliate under Section 2. "Platform Fee" means the fee Thmenu charges on a guest payment collected through Thmenu's payment service — today 1% of the payment amount. The payment processor's own fee is separate and is not part of the Platform Fee.
2. Commission
For every guest payment a Restaurant collects through Thmenu on which Thmenu actually receives a Platform Fee, the Affiliate earns 30% of that Platform Fee; Thmenu keeps 70%. At today's 1% Platform Fee that is 0.30% of the payment: a €100.00 payment carries a €1.00 Platform Fee, of which €0.30 is the Affiliate's. There is no commission on cash, on payments taken on the Restaurant's own card terminal, POS or payment provider, or on any payment on which Thmenu receives no Platform Fee. Online payment through Thmenu is available only in countries where Thmenu's payment service operates; a Restaurant elsewhere earns no commission until it does. Each commission is converted to US dollars at the European Central Bank reference rate available at the time of the payment, and that rate is recorded with the commission. Attribution. A Restaurant is attached to the Affiliate when its owner opens a Thmenu account within 30 days of opening the Affiliate's referral link in the same browser; the most recent referral link opened before sign-up counts. A Restaurant is attached once, at sign-up, to one Affiliate; a later link does not move it. Duration. Commission is earned for as long as the Restaurant stays attached and collects payments through Thmenu — there is no time limit. The Company does not promise any volume of payments or any amount of income. This Section applies to Restaurants in countries without a Thmenu country partner. Terms for a country with a country partner will be published under Section 10 before they apply.
3. Restaurant Price
Thmenu is free for Restaurants. The referral link and the Referral Code do not change any price a Restaurant or its guests pay.
4. Payout Schedule
Each commission is pending for 15 days after the payment it comes from — the refund window — and then becomes available for withdrawal. The minimum withdrawal amount is USD 50.00. Withdrawals are limited to a maximum of 2 (two) per calendar month. Wise transfer fees are borne by the Affiliate.
5. Tax Responsibility
The Affiliate is solely responsible for declaring and paying any taxes due on commission income under the laws of their country of residence and citizenship. The Company has no withholding or remittance obligation on behalf of the Affiliate, except where required by US law (Form 1099-NEC for US persons whose payments in a calendar year exceed the IRS reporting threshold, after collecting a W-9 substitute declaration). Non-US Affiliates must accept a W-8BEN substitute declaration to certify non-US status.
6. Prohibited Conduct
The following are strictly prohibited and are grounds for immediate suspension or termination. Where a violation is established, we withhold the commission attributable to the violating activity — for example the referrals obtained through it — and any commission genuinely earned outside that activity is still paid to you. We do not forfeit a whole balance as a penalty: (a) Self-referral (attaching a Restaurant you own or control — including under another account, e-mail address or name); (b) Brand bidding (running paid ads on or bidding on search terms containing "Thmenu", "th-menu", "thmenu.com", "Synaltix", "Synaltix LLC", and any close variant, transliteration or typo such as "themenu" or "tmenu", in any search engine, ad network, social-media advertising platform, or marketplace internal search); (c) Posting the Referral Code or referral link on coupon aggregator websites (RetailMeNot, Honey, Capterra coupon pages, etc.); (d) Misrepresenting the relationship between the Affiliate and Thmenu; (e) Sharing the link on illegal, adult, hate-speech, or otherwise reputation-damaging platforms; (f) Failing to disclose the affiliate relationship in EVERY promotional posting, video, story, livestream, blog post, email, podcast or other content where the Referral Code or referral link appears. Minimum disclosure standard: - Written content (blog, email, captions): "Disclosure: I earn a commission if you sign up with my code. This does not change your price." - TikTok / Instagram Reels / YouTube Shorts: visible on-screen overlay AND first-line caption: "#ad #ThmenuAffiliate". - Live streams: verbal disclosure within the first 30 seconds AND text overlay throughout. - Email marketing: subject line OR preheader OR top of body must contain "[Ad]" or "[Sponsored]" (or the local equivalent — "Werbung" in DE, "Reklam" in TR per RTÜK 2023, "Annonse" in NO). - Direct messages / Stories: each individual post carries the disclosure even if previously disclosed in a parent post. Affiliates operating in the EU, UK, Türkiye or US must follow whichever jurisdiction has the highest standard. Non-disclosure triggers immediate suspension and may give rise to personal liability under FTC Act §5 (the FTC Endorsement Guides, 16 CFR Part 255, are interpretive guidance rather than a directly penalty-bearing rule; civil penalties reach undisclosed endorsements through §5(m)(1)(B) after a Penalty Offense notice), EU UCPD 2005/29, the UK CAP Code (rules 2.1, 2.3 on recognisability and 3.50 on endorsements), and Türkiye's Ticari Reklam ve Haksız Ticari Uygulamalar Yönetmeliği m.13; (g) Selling, transferring, or assigning the Affiliate account to any third party; (h) Audit cooperation: Synaltix LLC may, on 24 hours' notice, request URLs or links to active promotional content for review. Material non-compliance with clause (f) triggers a 7-day cure period; uncured violations result in termination and clawback of pending commissions.
7. Account Status
The Affiliate account has the following states: pending → active → suspended → banned → deleted. The Company may transition an account to "suspended" pending investigation of suspected violations, during which time payouts are halted but commissions continue to accrue. "Banned" accounts forfeit the commission attributable to the conduct that led to the ban; commission earned outside it remains payable. "Deleted" accounts have personal data scrubbed (anonymization); financial records are retained for 7 years to satisfy IRS / tax-audit obligations.
8. Refunds & Clawbacks
If a payment that earned a commission is refunded, in whole or in part, or lost in a dispute (chargeback outcome "lost"), the commission is reversed in the same proportion. While the commission is still pending the reversal reduces it; once it has become available the reversed amount is deducted from the Affiliate's balance. If the Affiliate has already been paid out, the balance may become negative and is offset against future earnings. The Company reserves the right to invoice and pursue collection of negative balances that exceed USD 100 if the account becomes inactive for more than 12 months.
9. Dormancy
If an Affiliate account remains inactive (no new Restaurant signups) for 12 consecutive months and holds a balance below the USD 50 minimum withdrawal amount, we may close the account. We do not keep the residual balance. We will contact you at your registered address first and pay the balance on request regardless of the minimum; anything still unclaimed is handled as unclaimed property under the New Mexico Uniform Unclaimed Property Act (NMSA §7-8A) rather than retained by the Company.
10. Modification
The Company reserves the right to modify these terms — including commission rates, discount percentages, and payout periods — by giving at least 30 days' advance notice via email and on this page. Continued participation in the Affiliate Program after the notice period constitutes acceptance of the modified terms.
11. Limitation of Liability
The Company's total liability to the Affiliate under or in connection with this Agreement is limited to the total amount of commissions earned by the Affiliate in the 12 months immediately preceding the event giving rise to the claim. The Company is not liable for indirect, incidental, consequential, special, or punitive damages.
12. Governing Law and Forum
This Agreement is governed by the laws of the State of New Mexico, USA, without regard to its conflict-of-law principles. The exclusive forum for B2B affiliates is the state or federal courts in Albuquerque, New Mexico. However: if you qualify as an EU/UK/Türkiye consumer-status affiliate (i.e. you participate without commercial intent and earnings are incidental), your rights under your country's mandatory consumer-protection statute — Rome I Reg. 593/2008 Art. 6, Brussels Ia Reg. 1215/2012 Art. 17-19, UK Consumer Rights Act 2015 §74, TR 6502 sayılı TKHK md. 56 — are NOT waived by this section. You may file claims in your home country's consumer court, before a competent alternative dispute resolution body (the EU ODR platform closed on 20 July 2025 — find a body via eccnet.eu), or before the Türkiye Tüketici Hakem Heyeti.