TRAFFIT Affiliate Program Terms & Conditions
1. The binding Agreement between you and the Company comprises of these particular Partner Terms that apply to your participation in the Program provided via the following Internet website https://traffitcom.wpengine.com/en/traffit-partner-program/ (the “Site”), and do not alter in any way the Partner Terms of any other possible agreement you may have with the Company, its subsidiaries or affiliates.
2. Please note that these Partner Terms affect your legal rights and obligations. If you do not agree to be bound by all of the Partner Terms, do not access or use the Site.
1. ”Traffit” [also “Company” or “we”] means Traffit sp. z o.o. with its principal office at Aleja Zwycięstwa 96/98, 81-451 Gdynia providing the Partner Program.
2. “Partner” [also “you” or “Affiliate”] means any sole proprietorship or legal person (including any entity, affiliated company, and/or any agency or network acting on its behalf, that has registered with the Program via the Site, which will also be contracted by this Agreement.
3. “Services” means services supplied by Traffit, under the main Terms and Conditions and specified thereof, link to the terms and conditions.
4. “License” [also “Account”] means the account created by the customer or by the Partner for the customer for providing Services to the customer.
5. “Partner’s Account” means an account created by the Partner in the Program via the Site for managing the Program.
6. “Referral Fee” means the payment/commission Traffit, makes to a Partner in return for gaining customers via Partner Program on the terms set out in this Partner Terms.
7. “Referral Link” means a link containing a unique affiliate ID – an additional information assigned to Partner’s Account, thanks to which the Company knows which Partner gets a credit for each sale.
8. “Last Click Attribution Model” means the principle on which customers who click the Referral Link lead by more than one Affiliate, are assigned to a specific Affiliate.
9. “Amount Due” means the final amount to be paid to the Partner due to his activity in the Program.
10. “Licensed Materials” means promotional tools such as banners, buttons, search engines, logos, trade names, trademarks, graphic images and similar identifying material etc.
3. Data protection provisions
1. The Company is dedicated to protecting personal data and to promote compliance with rules set forth by, among others, European Union.
3. Any observation or breach of data protection may be reported via ______
5. Partner also agrees and warrants that he or she complies with all applicable data protection laws (including The General Data Protection Regulation (GDPR) (EU) 2016 / 679) while collecting and processing their customers’ personal data gained for the purpose of accessing the Program (including but not limited to: gaining consents for data processing, if applicable, and gaining consents for data transfer). Partner is responsible for the lawful acquisition and processing of personal data transferred to the Company through the Program.
4. Partner statements
1. To participate in the Program the Partner:
a. must be at least 18 years old,
b. should have an active and verified PayPal account in good standing (PayPal account is not necessary to sign up to the Program, however – it is the only commission withdrawal method Partner Program supports, thus it is mandatory to request a withdrawal) Partner should have a registered business in Poland or, in other country which is member in EU and be able to issue VAT invoices. In the case of activities within the European Union, Partner should have registered business with the EU VAT.
2. By registering with the Program via the Site you agree to be bound by these Partner Terms and confirm that you are at least 18 years of age and are lawfully fit and able to accept these Partner Terms.
3. If you are participating in the Program on behalf of any legal person, entity or corporation you further represent and warrant that you are rightfully authorized to accept these Partner Terms and enter into an Agreement on such entity’s behalf.
4. The Company reserves the right in its sole discretion at any time to refuse to anyone’s participation in the Program and change any of Partner Terms. You agree that your participation in the Program after the date when the updated Partner Terms come into effect establishes an Agreement based on the amended Partner Terms and will apply to your participation in the Program from that point forward.
5. Providing false information in the registration form will result in immediate termination from the Program and will forfeit all outstanding Referral Fees.
5. Partner Responsibilities
1. Partner shall introduce Partner Program to current and prospective customers and shall comply with all applicable laws (including an applicable data protection laws) as well those that govern email marketing and anti-spam laws.
2. The Affiliate may post as many Referral Links to Program Services as Affiliate finds necessary as well as register in any search, referral, or advertising services (such as e.g. Google’s AdWords program), provided that Affiliate ensures that each website containing a Referral Link meets the terms of this Agreement.
3. Partner shall not:
a. purchase or register search engine keywords, AdWords, search terms or other identifying terms that the Company considers in its sole discretion as promoting sexually explicit materials, violence, firearms or weapons, illegal activities, fake or counterfeit items, promote gambling or betting, discrimination based on race, sex, religion, nationality, disability, sexual orientation, infringing upon others’ intellectual property rights or infringing personal rights of the Company,
b. purchase or register search engine keywords, AdWords, search terms or other identifying terms that the Company use as brand keywords or its variations on advertising platforms and another communication platform or social media,
c. register any domain names which are identical or similar to the Company’s (including but not limited to domains, names, Services and Partner Program) or any other trademarks owned by the Company and Partner shall at all times comply with reasonable guidelines for the use of such trademarks as may be issued from time to time,
6. Referral links and Referral Fee
1. Partner participating in Partner Program as an Affiliate is entitled to Referral Fee.
2. For a sale of Partner Program to generate a Referral Fee the customer must jointly:
a. use a browser that has its cookies setting enabled,
b. follow a Referral Link,
c. create account and buy services of The Company,
3. Affiliate will receive a Referral Fee which amounts to 20% of Net Income from every sale of Partner Program made with accordance to paragraph 6.2. Net Income means total income from customer. Tier will be will be agreed between the company and partner and will be displayed on Partner account.
4. If an alternative amount is agreed by both Company and Partner, it will be confirmed via consensual will of Company and Partner through a separate agreement
5. Referral Fees will be claimable 30 days after purchase for to carry out the paragraph 13.
6. Referral Fee may be a subject for adjustments for the credit card chargebacks and refunds. Fraudulent or voided transactions do not qualify as basis for Referral Fee.
8. Referral Fees can only be accrued to Accounts (Licenses) created via Referral Link. Accounts (Licenses) created by the Partner without using a Referral Link or before signing up to the Program are not subject to Referral Fees and can not be migrated to the Partner’s Account.
9. Only the Affiliate who was assigned the Referral Link customer clicked will get Referral Fee for the sale. Last Click Attribution rule applies here. Basing on 120 days cookie lifetime the Referral Fee is paid to the Affiliate whose Referral Link was clicked as the last one.
10. The Company shall have the sole right and responsibility for processing all orders made by customers. Affiliate acknowledges that all agreements relating to sales to customers shall be between the Company and the customer and that the prices for the Partner Program will be set solely by the Company in its discretion.
11. All determinations of Referral Links and whether a Referral Fee is payable will be made by the Company in its sole discretion, and will be final and binding on both the Company and the Affiliate.
12. If the Amount Due for a particular calendar month does not exceed 50 zł, the Company will be entitled to withhold and carry forward such amount to the end of the next calendar month in which the Amount Due (including any sums carried forward in this way) exceeds 50 ZŁ.
13. If the Amount Due exceeds 50 zł Affiliate may sent to The Company Invoice for amount of funds from their Partners Account(s).
14. Amount Due could be checked by The Company and payment could be stopped if The Company have reasonable doubts as to the correctness of traffic within the links, especially in the cases described in paragraph 19 below.
15. Affiliate will be noticed about process of checking if it will be applicable.
16. Affiliate can send a maximum one invoice per month.
17. The invoice will be payable within 14 days from the date of delivery of the correctly issued invoice.
18. The invoice should be sent to address: _______
19. Affiliate will not be entitled to receive any Referral Fees in respect of customer who:
a. has been introduced in breach of any term of this Agreement or agreement between the Company and a customer,
b. makes an initial payment which is subject to a chargeback or which is reversed for any other reason,
c. fails any identity or credit checks carried out by the Company or on its behalf,
d. is located in a territory from which the Company does not accept customers,
e. is suspected by the Company of acting in breach of the terms and conditions governing their Account (License) or any fraudulent or dishonest activity.
20. In the event described in paragraph 6. if any such payment has already been made to Affiliate in respect of such customer, Affiliate will promptly repay the amount paid on receiving notice from the Company. The Company will be entitled, but not obliged, to set-off any amount owed as a result against future Referral
1. All payments made by the Company under this Agreement are deemed inclusive of any VAT or other tax payable and will be paid in zloty
2. Any fees connected with withdrawing funds e.g. transaction fee, shall be borne by the Affiliate.
7. Company’s Responsibilities
1. The Company agrees to pay the Partner Referral Fees on sales of the Partner Program referred directly by the Partner (“Referral Fees”) if that customer has accessed the Company’s Services and the Partner Program has been purchased and paid.
2. Upon registration at the Program the Company will make available:
a. Referral Link which redirects to the applicable Company’s website with a unique login assigned (“Referral Link”). This information is saved on the computer of the visitor, who enters the applicable Company’s website through the Referral Link, in the form of a cookie which is active for a period of 120 days. Last Click Attribution Model applies here which means basing on 120 days cookie lifetime the Referral Fee is paid to the Affiliate whose Referral Link was clicked as the last one.
b. Affiliate platform, where Affiliate will be able to review statements showing the number of customers introduced via Referral Link, trials and subscriptions for the Company’s Services, amount of the accrued Referral Fees available for withdraw in accordance with paragraph 6.10, (“Amount Due”), contact details including address, as well as payment information associated with the Affiliate’s Partners Account.
1. Unless otherwise indicated, all of the Licensed Materials featured or displayed on the Site and on Partner’s Account, including, but not limited to, text, logo, graphics, data, photographic images, moving images, sound, illustrations, software, and the selection and arrangement thereof is owned by the Company, its licensors, or its third-party image partners. All elements of the Site are protected by copyright, intellectual property laws or other related. In particular the Company’s logo is a registered trademark owned by the Company and is therefore subject to national as well as international protection. Additionally the Company’s Services logos may be registered as trademarks owned by the Company and therefore subject to national as well as international protection.
2. Partner is granted a non-exclusive, non-transferable, terminable license to use the Licensed Materials solely for purposes of the Program and in accordance with such other limitations and restrictions as set out in this Agreement.
3. Partner may use the Licensed Materials only for purposes expressly authorized by the Company. Partner may not:
a. modify the Licensed Materials in any manner. For example, Partner may not change the proportion, color, or font of the Licensed Materials,
b. display the Licensed Materials in any manner that implies endorsement of Affiliate’s website or business by the Company outside of involvement in the Program,
4. Use the Licensed Materials to disparage the Company, its Services, or in a manner which, in our reasonable judgment, may diminish or otherwise damage our good will in the Licensed Materials.
5. Each Licensed Material must appear by itself, with reasonable spacing (at least the height of the Licensed Material) between each side of the Licensed Material and any other graphic or textual image. You may place the Company’s name or logo adjacent to competitive brands, subject to the requirements of this Agreement, including prohibitions against objectionable material and websites.
1. The Company may terminate this Agreement for any reason, at any time. In particular the Company reserves the right to terminate the Agreement with the Partner immediately and without notice and Partner forfeit all Referral Fees or discounts if the Partner is involved with any of the following:
a. providing false information in the registration form,
b. violating any Partner’s responsibilities stated in this Agreement (including but not limited to the Section 5 of these Partner Terms),
c. any attempt to artificially inflate Referral fees will result in immediate termination of this Agreement and will forfeit all outstanding Referral Fees.
2. If the Amount Due of Referral Fees at the moment of termination of this Agreement does not exceed 50 PLN the Company pay invoice in amount which is confirmed by The Company, despite of amount of the found on account.
3. Partner is able to cancel Partner’s Account by making contact with assigned Partner Program Manager.
You hereby agree to indemnify and hold the Company and its subsidiaries, employees, affiliates, officers, agents, partners and licensors harmless from and against any and all third party demands, claims, liability, loss, and expense including damage awards, settlement amounts, and reasonable legal fees brought against the Company or any of the above mentioned person(s), arising out of, related to or which may arise from your access to or use of the Site, your breach or alleged breach of these Partner Terms, or your violation of any third-party rights including without limitation, any intellectual property right, publicity, confidentiality, property or privacy right, your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities; or any misrepresentation made by you.
11. Disclaimer of Warranties
1. Unless otherwise mutually agreed to by the Parties in writing, the Site is provided by the Company on an “as is”, “as available” and “with all faults” basis and hereby the Company exclude, to the fullest extent permitted by applicable law, any warranty, express or implied as to the Site.
2. The functions embodied on or in the Site are not warranted to be uninterrupted or without error.
3. The Company will not be liable for any damages of any kind arising from the use of the Site and makes no representations or warranties of any kind concerning the work, express, implied, statutory or otherwise, including, without limitation, warranties of title, merchantability, fitness for a particular purpose, noninfringement, or the absence of latent or other defects, accuracy, or the presence of absence of errors, whether or not discoverable.
12. Limitation of Liability
1. The Company does not guarantee compatibility of offered Services with other producers’ software. User shall bear responsibility for the choices and consequences following from the use of other software including its applicability to user’s objectives.
2. In no event and under no circumstances shall the Company, its directors, members, employees or agents be liable to you for any direct, special, indirect or consequential loss or damages, or any other damages of any kind, including but not limited to loss of use, loss of profits or loss of data, whether in an action in contract, tort (including but not limited to negligence) or otherwise in any way connected with:
a. the Site or your use of or inability to use or the performance of the Site,
b. any errors or omissions in the Site’s operation; any action taken in connection with License, copyright or other intellectual property owners,
c. any damage to any user’s computer, mobile device, or other equipment or technology including, without limitation, damage from any security breach or from any virus, bugs, tampering, fraud, error, omission, interruption, defect, delay in operation or transmission, computer line or net failure or any other technical or other malfunction, including, without limitation, damages for lost profits, loss of goodwill, loss of data, stoppage, accuracy of results, or computer failure or malfunction, even if foreseeable or even if the parties have been advised of or should have known of the possibility of such damages, whether in an action of contract, negligence, strict liability or tort (including, without limitation, whether caused in whole or in part by negligence, telecommunications failure, or theft or destruction of the service).
13. Ending Provisions
1. If any clause or provision in these Partner Terms will become unenforceable, wherever possible this will not affect any other clause and each will remain in full force and effect.
2. Any waiver of any provision of the Partner Terms will be effective only if in writing and signed by the Company.
3. Amendments to these terms and conditions may be made by The Company by informing the Partner in normal way of contacts.
14. Applicable Law
1. All disputes arising in connection with these Partner Terms shall be primarily resolved amicably.
2. You agree that all disputes you have with the Company in connection with the Partner Terms that cannot be amicably resolved shall be submitted for resolution by Court at the location of Traffit.
3. In the event of a discrepancy between the different language versions of the Terms and Conditions, the English provision shall be binding.