Affiliature registered at Toongabbie, 2146, New South Wales, Australia, manages the Affiliate Network at www.affiliature.com and provides the Publishers with the opportunity to work with Affiliate Programs of the Advertisers of the Affiliature Affiliate Network. To participate in the Affiliature Affiliate Network, the Publisher agrees to unconditionally abide by these Terms.
The participants of the Affiliate Network are Advertisers, Publishers, and Affiliature.
Advertisers are the persons who define the terms of Affiliate Programs and provide opportunities for advertising their goods and services through various advertising media and the provision of Ad Creatives. The Advertisers provide Ad Creatives such as graphic banners, text links and other types of Ad Creatives.
Publishers are the persons placing Ad Creatives at their declared Ad Spaces.
- General provisions
1.1. To participate in the Affiliate Network, the Publisher submits a registration form on the registration page of the www.affiliature.com domain.
1.2. Registration is available to persons who have reached the age of 18.
1.4. If these terms are met, the Publisher receives a confirmation letter to the e-mail address specified by him/her upon registration. Further, the participant must complete the registration process in order to be able to work in the Affiliate Network.
1.5. Affiliature reserves the right to deny the Publisher to participate in the Affiliate Network with no reasons given.
1.6. After completion of the registration process and activation of the account, the Publisher may use the services of the Affiliate Network. The Publisher may change the data provided upon registration in his/her personal account. The exception is his/her login.
1.7. These Terms shall prevail over any terms provided by the Publishers.
- The subject of the Agreement
2.1. Affiliature provides for use and operates an Affiliate Network on the www.affiliature.com domain. The participants of the Affiliate Network are Advertisers, Publishers, and Affiliature. Publishers are individuals or legal entities that provide space for advertisements on their Ad Spaces.
The Advertisers are legal entities that provide (having the relevant right) the opportunity to advertise products and/or services with the help of the Affiliature Affiliate Network through so-called Affiliate Programs using Ad Creatives.
2.2. Publishers shall place the Advertiser's Ad Creatives on their declared Ad Spaces. When a user arrives at the Advertiser's website through an Ad Creative placed on the Publisher's Ad Space and makes there a Deal that ends with payment, the Publisher's advertisement shall be considered successful and the Publisher shall receive a pre-agreed reward. A “Deal” means an action that gives the Publisher the right to receive the reward. These can be actions such as buying goods, ordering and/or purchasing services, registering, subscribing to newsletters, etc. The essence of the Deal paid in the form of a reward by the Advertiser shall be specifically defined in the description of each program. A combination of several types of Deals is also possible.
2.3. When entering into this Agreement, the Participants are notified and agreed that Affiliature tracks and logs all Deals, and provides the Publisher with the information to that effect, as well as calculate the amount of the rewards. The Advertiser shall make the final decision on whether or not the Deal actually took place.
2.4. Affiliature Affiliate Network constantly develops and improves its services. In this connection, Affiliature reserves the right to fully or partly stop the provision of one of the services, if it is necessary for the performance of maintenance works, improvement of the service functions or change of the service provided.
2.5. Affiliature shall have the right to suspend payments to the Publisher in the event of an objective suspicion of violation of these terms, as well as to verify the Publisher's specified data and/or the Publisher's traffic quality.
- Participation in the Affiliate Network activities
3.2. Ad Spaces under construction are not allowed to participate. It is also forbidden to buy traffic in Active Advertising Systems (CAP, WmMail, Seosprint, etc.), Boxes and similar systems.
3.3. The Publisher shall submit the request for participation in the Affiliate Program, thereby recognizing the possible additional Program Terms of participation therein, that the Advertiser may add to the description of his/her program and which will be displayed to the Publisher. Such Program Terms are considered an addition to the Affiliature Terms. The Publisher agrees that the Program Terms can change at any time, and undertakes the responsibility to monitor such changes. By continuing to participate in the Affiliate Program, the Publisher automatically agrees to the Program Terms thereof.
3.4. Only the Advertiser shall make the decision to admit the Publisher to the partnership. The Publisher does not have a legal basis for obtaining such an admission if the opposite decision was made.
3.5. Affiliature reserves the right to request data on the traffic source and access the statistics of the Ad Space, while limiting the Publisher's participation in the Affiliature network. In this case the Publisher must provide the requested data within 14 days; otherwise, Affiliature reserves the right to stop displaying the advertisements on the Publisher's website and/or to take other measures to protect the interests of the Advertisers, whose advertisements are displayed at the Publisher's spaces.
3.6. Affiliature shall have the right to request from the Publisher documents and data necessary to confirm the validity of information about the Publisher. By accepting these Terms, the Publisher agrees that s/he will, consciously and with unequivocal consent, provide data to Affiliature. The Publisher's refusal to provide data is considered as a refusal to participate in the Affiliate Network.
- Rights and liabilities of the Publisher
4.1. The Publisher is obliged to strictly follow these Terms and to ensure that the data provided by him/her to Affiliature by any means, including the registration form, are complete and true. If any of these data are changed, the Publisher shall, within 5 days from the date of the change, make the relevant changes thereto in his/her personal account.
4.2. The Publisher undertakes to strictly store his/her data (login and password) for access to the Affiliature Affiliate Network and not allow the transfer thereof to third parties. The Publisher is solely responsible for the safety of the login and password.
4.3. The Publisher guarantees that he/she has the necessary rights to conduct marketing activities on the Ad Spaces. He/she shall bear any legal and property liability for what happens on his/her Ad Spaces.
4.4. When using Ad Creatives on the Ad Space, the Publisher undertakes not to violate the rights of the third rightsholders to the trademark, brand, personal rights and other rights without the permission of the rightsholders in accordance with the current legislation. The Publisher agrees not to use on his/her Ad Space the content that violates applicable laws or leads to pages that violate applicable laws. When emailing promotional materials containing the Advertisers' Ad Creatives, the Publisher is prohibited from using spam. To send promotional materials by email the Publisher must obtain the consent of each recipient and provide Affiliature with the relevant evidence upon request.
4.5. The Publisher agrees not to take any action that affects the operation of the Affiliature Affiliate Network. Such actions include the attempts to technically influence the efficiency of the servers of the Affiliate Network, the attempts to hack the security mechanisms, to use viruses, trojans, and other malicious programs for any purpose. This shall also include brute force attacks, DoS (DDoS) attacks, spam, the use of links and any other processes that may damage the operation of the Affiliate Network.
4.6. The Publisher may have only one account. One account per one individual or one account per one legal entity may be created. If an individual performs official duties on the staff or for a legal entity that has an account in the Affiliature Affiliate Network, then it is prohibited for him/her to create a personal account as an individual to perform his/her official duties for the legal entity.
4.7. The Publisher undertakes to thoroughly study and execute the Programs Terms and refer to them during the entire period of placement of the Ad Creatives. The Publisher agrees that if s/he fails to perform this duty, his/her access to the relevant program may be suspended. In case Affiliature or the Advertiser suffer losses caused by the publisher’s violation of the Program Terms, the relevant amount will be deducted from the Publisher's account. In the absence of funds on the Publisher's account, the Publisher undertakes to reimburse such losses at the request of Affiliature within 10 days.
4.8. The Publisher, at the request of Affiliature or the Advertiser, undertakes to check the Traffic Source and provide all requested files, documents, etc., otherwise, the Publisher's access to the relevant Program may be blocked and appropriate sanctions may be applied.
4.9. When creating any Ad Creatives, the Publisher is prohibited to use Ad Creatives and Trademark other than the Trademark and the Ad Creatives that were uploaded by the Advertiser in the Affiliature system, unless otherwise specified. In the case the Publisher creates Ad Creatives and distorts Ad Creatives provided by the Advertiser, the Publisher is entirely responsible for placing these Ad Creatives as an owner and distributor in accordance with applicable law and undertakes to independently resolve all arising claims, disputes, including judicial, to settle all other disputable situations, including the situations with state authorities and third parties (Advertisers).
4.10. The Publisher agrees to provide Affiliature with any requested documents necessary to confirm the information about the Publisher.
4.11. The Publisher is notified and agreed that Affiliature has the right to pay the Publisher a reward only after the Advertiser wires a payment for the provided services to the Affiliature settlement account.
- Affiliature Affiliate Network prohibits
5.1. To make Deals by methods or means that violate the current legislation, the Agreement or the Program Terms.
5.2. To simulate Deals by entering knowingly incorrect, non-existent or someone else’s data unbeknownst to their owner when ordering goods or services by any means.
5.3. To use the advertising methods that force the visitor to perform actions by deception, blackmail or any other actions that violate the visitor's freedom of choice.
5.4. To use the data of the Advertiser or a third party protected by a registered trademark, copyright, other legally registered rights of the holder, for purposes other than the purposes of this Agreement. In the case of using the Advertiser's trademarks and ad creatives for purposes other than those specified in this Agreement, the Publisher is fully responsible for such placements in accordance with applicable law and undertakes to independently resolve all arising claims, disputes, including judicial ones, to settle all other disputable situations, including with state authorities and third parties (Advertisers).
5.5. To use promotional materials, including a brand of one Advertiser to promote the site of another Advertiser.
5.6. To use any technology and types of cookie stuffing (cookie dropping). It is prohibited to use scripts that set in the user’s browser cookies of the websites that the user did not visit. It is prohibited to rearrange, substitute or overwrite the user's cookies with others that do not belong to the websites that the user visited, as well as substitute cookies using pop-ups, iframe, or by inserting the URL of a third-party page as a picture on an existing website.
5.7. To register and/or use for promotion domains similar to that of the Advertisers' websites.
5.8. To use the registered Ad Space with a specific declared traffic source for attracting a different type of traffic.
5.9. If the violations described above are detected, the Publisher's account is immediately blocked and all earnings earned as the result of these violations are transferred to the Advertiser. The Publisher is notified of the decision by the administration. After the account is blocked, it is impossible to create another one.
5.9.1. For the above violations, the Publisher must pay a fine of €500. If as the result of the Publisher's violations, a third person initiates an administrative or any other lawsuit against Affiliature, all the litigation costs and other related costs shall be completely paid by the guilty Publisher.
- Payment for the Publisher's services
6.1. The Publisher shall receive a reward from Affiliature, which directly depends on the success of his/her advertising campaigns.
6.2. In each separate case, the reward amount is determined by the type of paid action and the rate set by the Advertiser for this action that is effective at the time of performing this action. The Advertiser has the right to change the rates, but the new rates do not apply to already performed actions. The Publisher does not have the right to demand a different rate for him/her. The Publisher undertakes to become familiar with the current rates in the interface of the Affiliature Affiliate Network. Applying for joining the program indicates the agreement to the current rates.
6.3. Except for the agreed reward, the Publisher is not entitled to reimbursement of costs incurred for the bank transfer, for the use of third-party services or programs that are not provided by the Affiliature Affiliate Network, even if these costs are related to his/her advertising activities within the Affiliature Affiliate Network.
6.4. The right to receive the reward is exercised only if all the following conditions are fulfilled:
- The Publisher’s advertising activity led to the Deal between the Advertiser and the visitor;
- The Deal was registered by tracking means of the Affiliature Affiliate Network;
- The Deal was authorized for calculation by the Advertiser and confirmed by the Affiliature Affiliate Network;
- The Advertiser paid Affiliature reward for the Publisher's actions.
- The Publisher did not violate the terms described in clause 5.
6.5. Affiliature maintains an internal settlement account for each Publisher that is used for carrying out all accrual and payment operations.
6.6. The interest on the reward amount is not paid regardless of the payment date.
- The term of the Public Agreement and its termination
7.1. This Public Agreement is concluded for an indefinite period of time.
7.2. The Parties may voluntarily terminate the Agreement at any time.
7.3. The Publisher may terminate the Agreement in his / her personal account by clicking the "Delete account" button in the General settings.
7.4. Affiliature shall have the right to delete the Publisher's account and data from the system in the following cases:
- The Publisher has not logged in to his/her account for the last 350 days.
- The Publisher has not interacted with the Affiliature system outside of the web interface (for example, through the API) for the last 350 days.
After the expiration of the above-mentioned period, Affiliature shall notify the Publisher that in case of inactivity and non-use of the account, Affiliature will delete the Publisher's account in 180 days from the date of notification, and the remaining funds will be written off in favor of Affiliature.
After 180 days from the date of notification and non-receiving the Publisher's feedback, Affiliature shall delete the Publisher's account and data, and the remaining funds shall be written off in its favor. The Publisher agrees and is notified that he/she has no right to restore the account or return the funds, after the expiration of the above terms and the deletion of the account.
7.5. In case the Agreement is terminated due to violations of these Terms by the Publisher, s/he shall pay the penalty specified in these Terms in accordance with clause 5.9.1.
- Protection of personal data and Cookies
8.1. Affiliature shall store and process only those data that were specified by the publisher in the registration form and in his/her personal account or that were obtained from the Publisher during his/her participation in the Affiliature Affiliate Network.
8.2. The Publisher agrees to comply with all laws, rules, policies and confidentiality provisions effective in the regions where the services are provided
8.3. The Publisher undertakes to comply with all laws, including the GDPR and EU privacy laws, and perform the following actions:
- To inform the end users about the use of tracking devices and cookies for advertising purposes;
- To receive consents of end users for placing cookies and tracking devices on end-user devices and provide information on the possibility of refusing or deleting cookies, if necessary;
- To take appropriate technical and organizational measures against accidental loss and damage, as well as illegal processing of personal data.
8.4. The Publisher undertakes not to make any actions that may lead Affiliature to a breach of the current Data Regulations Law.
8.5. Affiliature and the Publisher undertake to comply with the data protection laws.
Depending on the jurisdiction the Publisher may be obliged to inform visitors of his/her website about cookies that are used on the website, including those placed by Affiliature (so-called third-party cookies). A Publisher must explain what cookies s/he and/or third-parties set in the user’s browser and for what purposes this information is collected. Also, the Publisher undertakes to obtain a preliminary, freely presented, specific and informed, unambiguous and revocable consent from users before setting any cookies in their browsers. The consent should also apply to the cookies that are set by Affiliature after a certain action (click).
9.1. Each party undertakes to use Confidential Information only for the performance of its rights and obligations hereunder. The Parties undertake not to disclose Confidential Information.
9.2. The following information will not be considered confidential:
- the information which is or subsequently became publicly available without infringement of the Agreement by the Receiving Party;
- the information which was legally obtained from the Third Party without restriction and without violation of this Agreement, and also without the non-disclosure obligations of the Receiving Party;
- the information which cannot be attributed to the Confidential Information in accordance with applicable law;
- the information which is published in the Affiliature system when receiving or providing services in accordance with these Terms.
9.3. When deleting the Publisher's account, Affiliature shall also delete all personal data of the Publisher, except for the login and the statistics data.
9.4. The provisions of Article 9 are valid for 5 years from the termination of this Agreement.
- Rights to use information
10.1. The information obtained during the participation in the Affiliature Affiliate Network is allowed to be used exclusively with the Affiliature Affiliate Network. Transfer thereof to third parties and use for other purposes is prohibited.
10.2. The Affiliature Affiliate Network and the components thereof (products and applications) are protected by the current legislation in the field of copyright and related rights.
10.3. Affiliature provides the Publishers with temporary, non-exclusive right to use the provided services and applications and the data contained therein exclusively within the framework of participation in the Affiliature Affiliate Network. In case of termination of the Agreement, this right loses its validity.
10.4. Other ways of using information are prohibited. The Publisher is STRICTLY PROHIBITED to transfer wholly or partially the rights to use the services, applications and data granted to him/her to third parties, provide access to them, modify or otherwise process them, transfer them in other forms or create their own databases or information services based on them.
10.5. In case of violation of these rights of use, Affiliature reserves the right to use other remedies, except for the termination of the Agreement. If as the result of the Publisher's violations, a third person initiates an administrative or any other lawsuit against Affiliature, all the litigation costs and other related costs shall be completely paid by the guilty Publisher.
- Liability and limitations of liability
11.1. Affiliature shall not be liable for any damage or interference caused by the content of third-party web pages, software errors or hardware of participants of the Affiliate Network, or for damage caused by insufficient availability or the limited functionality of the Internet.
11.2. Affiliature is responsible for:
- Intentional acts or gross negligence of its legal representatives or officials;
- Violation of the essential obligations of the Agreement, which make it possible to implement the Rules and for the performance of which the other party constantly relies upon.
11.3. The liability under clause 11.2 is limited to the compensation of actual damage, which will be determined by the participants or by a court decision.
11.4. The above limitations of liability do not apply in the case of mandatory legal liability and do not limit or exclude the Affiliature liability in the event of harm to life or health.
- Changes to these Rules
12.1. Affiliature reserves the right to change the provisions of these Rules without justification and at any time. Notification of changes can be sent by e-mail two weeks before their entry into force. Publisher shall be solely liable for regular familiarization with these Rules.
12.2. The use of the Affiliature Affiliate Network by the Publisher after making changes to these Rules indicates the Publisher's consent to the changes and willingness to assume the obligations specified in these Rules. Disagreement with the changes in the Rules entails the termination of this Agreement, as well as the termination of work with the Affiliature Affiliate Network.
- Final provisions
13.1. If certain provisions of these Rules become invalid in whole or in part, the validity of remaining provisions shall not in any way be affected or impaired. The position that has become invalid is considered replaced by another one, the closest in meaning and scope. This also applies to possible missed provisions of these Rules.
13.2. The rights and obligations resulting from these Rules may be transferred to a third party only with the consent of Affiliature.
13.3. Disputes between legal entities registered in the territory of the Russian Federation are examined by the Moscow Arbitration Court on the basis of the current legislation of the Russian Federation. If a Publisher has no residence permit or/and is not a permanent resident of the Russian Federation and/or his/her place of residence is unknown and/or his/her legal entity is registered outside the Russian Federation and not in accordance with the laws of the Russian Federation, the disputes shall be governed by the laws of the Federal Republic of Germany, and be judicially examined in Amtsgericht Heilbronn.
13.4. To use the services of the Affiliature Affiliate Network, it is required to use certain technical means and software packages, telecommunication networks and services of third-party organizations. Affiliature shall not be liable for the resulting costs, possible damages, and interference.