Affiliate Terms and Conditions

PLEASE READ THIS AGREEMENT CAREFULLY. BY JOINING AND PARTICIPATING IN THE AFFILIMATE AFFILIATE PROGRAM, YOU AGREE TO BE BOUND BY THIS AGREEMENT AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO THESE TERMS, THEN DO NOT PARTICIPATE IN THE AFFILIMATE AFFILIATE PROGRAM.

Introduction

This Affilimate Affiliate Program Agreement ("Agreement") applies to each affiliate's ("Affiliate", "you", or "your") access to and participation in the Affilimate Affiliate Program (the "Program"), which is operated by Adaero Software GmbH ("Company", "our", "us", or "we"). This Agreement does not alter any other terms or conditions of any other agreement you have made with Company for other products and services. In addition, this Agreement complements and incorporates Company's Terms of Services at https://affilimate.com/docs/terms-of-service/.

Each Affiliate is responsible for assuring that its employees, agents, and contractors comply with this Agreement. The "Site" refers to the Affilimate website at https://affilimate.com and "Your Website" refers to any websites that you will use to link to the site.

1. Eligibility to participate in the Program

You must participate as a legal business entity. Individuals are not eligible to participate in our affiliate program.
Neither you nor the individual or business you refer may be a resident of a sanctioned nation. This includes any country currently under sanction by the Office of Foreign Assets Control (OFAC) or according to the European Union (EU), including Balkans, Belarus, Burma, Cote d’Ivoire, Cuba, DR of the Congo, Iran, Iraq, Liberia, Lebanon, Libya, North Korea, Somalia, Sudan, Syria, Yemen, and Zimbabwe. This list may change, but you can find the current lists below^{1, 2}. Participation in the Program as a resident of a sanctioned country is prohibited. You may not advertise or otherwise engage in commercial activities with persons or businesses in countries residing under sanction. Each Affiliate is additionally responsible for compliance with the laws of your local jurisdiction.
You must have or create a Wise account. As a consequence, you must be able to create a Wise account, which is not available in all countries. Your use of Transferwise will be subject to separate terms required and made available by Transferwise, and will not be governed by this Agreement.

¹http://www.treas.gov/offices/enforcement/ofac/programs

²https://data.europa.eu/euodp/en/data/dataset/consolidated-list-of-persons-groups-and-entities-subject-to-eu-financial-sanctions

2. How to earn affiliate fees

As an affiliate, you will have access to a unique affiliate code. In order to qualify for a Affiliate Fees (commissions), the person or business you refer must become a paying Affilimate member, who successfully submit a payment to the Company for their subscription. You will not receive any Affiliate Fees for members who do not pay for a subscription.

Attribution of the sale is according to either a 30-day cookie (in the case of the affiliate link) or through the coupon code directly. As an example: If a referred person clicks your affiliate link, they have 30 days to create an account for you to be credited with a commission in the event that they become a paying subscriber. If they create an account more than 30 days after using your affiliate link, you will not receive a commission, unless they use your affiliate code as a coupon when subscribing and paying for their membership.

In the event that a member you refer cancels their subscription, you will no longer receive Affiliate Fees for that member. You will not receive an Affiliate Fee for any refunded or returned transactions. If a refund is issued after the Affiliate Fee has been paid, a negative balance will be created on your account and will be deducted from future Affiliate Fees.

Commissions operate on a first-touch basis: meaning, the first affiliate link the referred person clicked will be the affiliate code associated with the member. If the referred person already has another affiliate code associated with their membership, it cannot be overridden by the coupon code from another member. If the cookie from the first click on the affiliate link has expired, then the new affiliate cookie will be placed.

To earn commissions from the Company, you must comply with all terms of this Agreement, including Restrictions in Section 4 and disclosure requirements in Section 5.

3. Commission structure

You will receive 20% of the subscription amount paid by the new member to Affilimate every month, for up to one year, for as long as they remain a customer, excluding taxes.

This structure applies to self-service plans, including the Lite, Solo Creator, and Portfolio plans.

If the referred member purchases an annual subscription, you will receive 20% of the generated revenue by the new member on an annual basis. Annual memberships have an additional approximate 10% discount.

Effectively, this means you will earn slightly less for a referral that pays annually compared to one that subscribes monthly for 12 months at a time, but you will receive a commission for the year up front.

For more information on the payment structure, see Section 6 about the Payment of Affiliate Fees.

4. Restrictions

You must comply with these restrictions in order to be eligible for any Affiliate fees. In the result that you are not compliant, or become incompliant, the Company reserves the right to suspend or cancel your Affilimate account and any Affiliate Fee balance you may have.

Compliance with the law. You represent and warrant that, in connection with your participating in the Program, you, Your Website(s), and any advertising materials related to the Program, will not violate any law, regulation, or regulatory rules or guidelines, including the Federal Trade Commission's endorsement disclosure and any disclosure requirements in your governing jurisdiction. If you choose to promote our Program via email campaigns, you represent and warrant that you will comply with the CAN-SPAM Act of 2003, which includes placing an opt-out in the email and making it clear that you are the sender of the email and not acting at the direction of Company. If you are conducting business in or taking orders from persons in other countries, you will follow the laws of those countries. For example, you will comply with the European Union’s Privacy and Electronic Communications Directive, as well as the General Data Protection Regulation (GDPR), if you are conducting business in or taking orders from persons in one or more of the European Union countries.
General restrictions. You represent and warrant that you agree to comply with the following:
1. You will only use the Links and Coupon Code we provide you, or use your affiliate query parameter ("aid") to link to pages on our Website.
2. You may not "self-refer", meaning that only transactions by other persons using your Link will result in Affiliate Fees.
3. You will not engage in any behaviors that are fraudulent, abusive, or harmful to the site or the Program in our discretion.
4. We reserve the right, at any time, to review your placement and approve the use of your Links and require that you change the placement or use to comply with the guidelines provided to you.
5. Your Website may not in any way copy, resemble, or mirror the look and feel of the Site. You may not use any means to create the impression that Your Website is our Site or any part of Our Site.
6. You may not engage in cookie stuffing, including pop-ups or false or misleading links on Your Website. In addition you will not mask the referring URL information (for example, any Link on your website may not include the "noreferrer" rel attribute).
7. You will not send your Links or any marketing messages in connection with the program via SMS or text message.
8. You will not use redirects to bounce a click off of a domain from which the click did not originate in order to give the appearance that it came from that domain.
9. If you are found redirecting Links to hide or manipulate their original source, any Affiliate Fees not yet paid by Company will be voided and your account will be terminated. This does not include the use of standard redirects, such as those created by WordPress plugins such as Pretty Links or Thirsty Affiliates.
10. You will not send unsolicited bulk emails (spam). You will not create advertisements that appear on (a) sites and apps that contain or reference categories adult content, pornography, weapons, graphic violence (including any violent video game images), alcohol, drugs, tragedy, transportation accidents, sensitive social issues, gambling, or content that is offensive, profane, hateful, threatening, harmful, defamatory, libelous, harassing, or discriminatory (whether based on race, ethnicity, creed, religion, gender, sexual orientation, physical disability, or otherwise), or solicitous of any unlawful or offensive behavior; or (b) ads that appear on fake news content.
11. You will not offer discounts, coupons, free trials, promo codes, or any other promotional offer that is not expressly authorized by Company in writing. Company may, on a case-by-case basis, offer you access to discounts, coupons, free trials, promo codes, or other promotional offer, and you agree to comply with all terms and limitations that Company establishes in connection with such promotional offers.
Paid advertising (Pay-per-click, "PPC") restrictions. You are strictly forbidden from promoting Affilimate's affiliate program through PPC advertising. Failure to comply may result in immediate termination of your affiliate account, as well as forfeiture of any earnings.
General advertising restrictions. You represent and warrant that Your Website(s), social media posts, and other advertising materials will not:
1. Infringe on our or anyone else’s intellectual property, publicity, privacy or other rights.
2. Contain any content that is threatening, harassing, defamatory, obscene, harmful to minors, offensive, or contains nudity, pornography, or sexually explicit materials.
3. Contain any viruses, Trojan horses, worms, time bombs, cancelbots, or other computer programming routines that are intended to damage, interfere with, surreptitiously intercept or expropriate any system, data, or personal information.
4. Contain software or use technology that attempts to intercept, divert or redirect Internet traffic to or from any other website, or that potentially enables the diversion of affiliate payments from another website. This includes toolbars, browser plug-ins, extensions, and add-ons.
Social media restrictions You represent and warrant that when you promote the Program on social media, you will comply with the following requirements:
1. You must disclose the Link as an affiliate link any time you share the link.
2. You may not post your Link on posts, pages, or other locations where doing so is explicitly prohibited by the maintainer or owner of that post or page.
3. You may not create a social media account that includes our Restricted Terms in the Page Name and/or username.
Privacy restrictions. You represent and warrant that you will respect the privacy of consumers and be transparent about your data collection and use practices. You will comply with the applicable laws applicable in your jurisdiction, including obtaining consent. In addition:
- You may not store personally identifiable information in the SubId ("tid") parameter when sending an affiliate link to someone.
- You must comply with all applicable laws, rules, self-regulatory principles, and industry best practices governing the collection and use of data from users for purposes of serving ads that are targeted to their interests, including the Digital Advertising Alliance’s Self-Regulatory Principles for Online Behavioral Advertising, Mobile Principles, and Cross-Device Principles, and FTC Guidance on Cross-Device Tracking.
- You may not contact people with promotional materials unless they have consented to be contacted through that medium consistent with relevant local law.
- You agree to promptly notify Company in the event of any Privacy Incident, and to promptly cooperate with Company in the event of any Privacy Incident that Company escalates to you or requests your cooperation. A “Privacy Incident” includes any allegation that you have not properly provided notice or obtained consent to collect personal information, sent SMS, engaged in phone calls or email messages, collected data in a manner inconsistent with your privacy policy, user notice, applicable law, or applicable self-regulatory rules.

5. Disclosure

Where it is not expressly clear that the Link is a paid advertisement, paid advertising, or otherwise promotional in nature, and/or that you are receiving compensation from Company in connection with the Program, you must include a disclosure statement within any and all pages, blog posts, social media posts, or any other content where you include a Link or otherwise advertise or endorse the Site or Company in connection with the Program.

You must follow the disclosure rules in your local jurisdiction, in addition to the disclosure rules specified in this Agreement. Failure to properly disclosure can result in Affiliate Fees (commissions) being voided.

6. Payment of Affiliate Fees

Pursuant to Section 2 of this Agreement, only transactions made by the referred individual that are completed after last using your Link will result in Affiliate Fees. You will not receive Affiliate Fees for transactions that are cancelled by customers, returned, charged back, or refunded. Affiliate Fees typically take 30-60 days to process in order to account for any refunds (refunds will result in no Affiliate Fee being awarded for the applicable, refunded transactions).

Affiliate Fees will be approved on or about the 1st of every month with payouts on or about the 2nd of every month (excluding holidays and weekends, which will be approved or paid on or about the next business day). For example, if you earn an Affiliate Fee on August 5th, it, along with all August Affiliate Fees, would likely be approved by October 1 and paid on October 2.

If the person that you refer pays monthly, you will receive payment of Affiliate Fees monthly. If the person that you refer pays annually, you will receive one payment of Affiliate Fees for the year, within approximately 60 days after the person pays for their annual purchase (provided the person does not obtain a refund).

We reserve the right to exclude transactions and to not pay Affiliate Fees for them, if we deem it necessary, in our sole discretion, to prevent abuse of the Program, or to reject orders that do not comply with any requirements that we periodically may establish. If we ask you for clarification or more information on any orders or clicks that we suspect may be in violation of this Agreement, the Terms of Service, or any other terms and conditions that we publish on our website at https://www.affilimate.com/docs/affiliate-terms/, we expect that you will respond in a timely and honest manner. A failure to be forthcoming, responsive, or provide requested substantiation may result in your termination and removal from the Program.

You are responsible for all taxes and reporting requirements related to your Affiliate Fees.

We will track sales by customers who engage in transactions using your Link on your site to the Site. A statement of activity is available to you through your affiliate interface.

There is a minimum payout threshold of $50.

7. Modification and Termination

Company reserves the right to change, modify, and/or eliminate the Program and/or all or any portion oft his Agreement or any policy pertaining to the Program at any time and for any reason in its sole discretion. If you do not agree to the amended Agreement, you must stop participating in the Program.

We have the right to monitor Your Website at any time to determine if you are following the terms and conditions of this Agreement.

Either party may terminate the Agreement in its entirety, with or without cause, by giving written notice to the other party. Upon the termination of this Agreement for any reason, you will immediately cease all activities in connection with the Program, and you will immediately cease all use of, and remove from Your Website(s), all Links to the Site, and all of our terms, and logos, and all other materials provided by or on behalf of us to you (including all Licensed Materials) pursuant hereto or in connection with the Program. Upon termination, you will receive no additional Affiliate Fees. Any outstanding payment obligations, provided they do not violate the terms of this Agreement, will survive the expiration or termination of this Agreement.

8. Disclaimer

THE PROGRAM, THE LINKS, THE SITE, AND THE LICENSED MATERIALS ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND. COMPANY HEREBY DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, INCLUDING IMPLIED WARRANTIES, IN CONNECTION WITH THE PROGRAM OR THIS AGREEMENT, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. IN ADDITION, WE MAKE NO REPRESENTATION THAT THE OPERATION OF OUR SITE WILL BE UNINTERRUPTED OR ERROR FREE, AND WE WILL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS OR ERRORS, OR LOSS OF DATA.

YOU UNDERSTAND THAT IN THE COURSE OF CONDUCTING ACTIVITIES RELATED TO THE PROGRAM, YOU MAY INTERACT WITH A THIRD PARTY THAT MAY POSE HARM OR RISK TO YOU OR OTHERS. YOU ARE ADVISED TO TAKE REASONABLE PRECAUTIONS WITH RESPECT TO INTERACTIONS WITH THIRD PARTIES ENCOUNTERED IN CONNECTION WITH THE PROGRAM. COMPANY, ITS PARENT COMPANIES, SUBSIDIARIES, AND ITS CORPORATE AFFILIATES EXPRESSLY DISCLAIM ALL LIABILITY FOR ANY ACT OR OMISSION OF YOU, ANY POTENTIAL NEW USER, OR ANY OTHER THIRD PARTY.

8. Limitation of Liability

WE WILL NOT BE LIABLE TO YOU WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES (INCLUDING LOSS OF REVENUE OR GOODWILL OR ANTICIPATED PROFITS OR LOST BUSINESS), EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS AGREEMENT, IN NO EVENT WILL COMPANY’S CUMULATIVE LIABILITY TO YOU ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER BASED IN CONTRACT, NEGLIGENCE, STRICT LIABILITY, TORT OR OTHER LEGAL OR EQUITABLE THEORY, EXCEED THE TOTAL COMMISSION FEES PAID TO YOU UNDER THIS AGREEMENT DURING THE 12-MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO LIABILITY.

9. Indemnification

You will indemnify, hold harmless, and (at Company's option) defend Company and its parent companies, subsidiaries, and affiliates, and their directors, officers, employees, agents, shareholders, partners, members, and other owners, against any and all claims, actions, demands, liabilities, losses, damages, judgments, settlements, costs, and expenses (including reasonable attorneys' fees) (any or all of the foregoing hereinafter referred to as "Losses") with respect to any third-party claim.

10. Confidentiality

You will not disclose to any third-party nonpublic information disclosed by Company to you under this Agreement, and you will protect all such disclosed information with the same degree of care you would use to protect your own confidential information. Confidential information submitted to you by Company remains the property of Company. If this Agreement or any confidential information of Company is required to be produced by law, you will promptly notify Company and cooperate to obtain an appropriate protective order prior to disclose any confidential information of Company.

11. Miscellaneous

You agree that you are an independent contractor, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between you and us.
Customers who buy products through the Program are our customers. All of our standard policies and operating procedures will apply to these customers. We may change our policies and operating procedures at any time. Product prices and availability may vary from time to time.
Our failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this Agreement.