23.11.2021
811

Affiliate Program Terms

Publication: 11/23/2021.
Starting from the date of publication, the document applies to new and existing Partners and potential Partners of the ApiX-Drive Affiliate Program.

Terms and definitions not defined in this document are defined in the ApiX-Drive Terms of Use.

1. These Affiliate Program Terms govern the ApiX-Drive Affiliate Program (“Affiliate Program” ) provided by Apicom Solutions OÜ (“Company”, “we”, “our” or “us”). This document represents the entire agreement and understanding between the Company and the User who participates in the Affiliate Program (“Partner”, or “you”, or “your”).

2. Please read this document carefully as it forms part of the Terms of Use and together with it constitutes a legally binding agreement between you and the Company. By connecting an affiliate account in your Account in the Service, you agree to abide by all the terms and conditions set forth in these Affiliate Program Terms.

3. Our Affiliate Program is aimed exclusively at Partners who guarantee and undertake to pay all necessary taxes and deductions from the Commission received, if such taxes and / or deductions are applicable to them. The terms of the partnership program do not apply to citizens and residents of Estonia.

4. A User registered in the Service who meets the requirements of paragraph 3 of this document, who has applied for connection to the Affiliate Program and whose application has been approved by the Company, can become a Partner. Each Partner can have only one Partner Cabinet.

5. Connection to the Affiliate Program is made by submitting an application to the Service support service. After submitting an application, within 5 (five) business days, a support service representative contacts such a User by any available communication method. After negotiations, within 3 (three) business days, the User receives a notification of the Company's decision to approve or reject his application to connect to the Affiliate Program.

You can join the affiliate program free of charge; the Company does not charge the User any fees for connecting to it.

5.1. If you connect to the Affiliate Program and agree with these Terms of the Affiliate Program, the “Affiliate Cabinet” section will become available in the Partner's Personal Account, in which he will have access to a link to attract Users ( “Referral Link” ), which the Affiliate can use to attract other Users in ApiX-Drive. We will pay you a commission ( “Commission” ) for each new User that you refer to us and who has registered in the Service using your Referral Link and pays for a subscription to any paid Tariff.

5.2. After connecting to the Affiliate program, the Partner needs to activate the affiliate account, it happens as follows

  • in the Personal Account at the entrance to the "Partner Cabinet" section, a window for activating the Partner Cabinet will pop up by entering the requested information about the Partner and agreeing to the terms of this Affiliate Program.
  • if you are already a Partner of the Company, but your partner cabinet was activated according to a different procedure, when implementing a new procedure for activating a partner cabinet, please read and agree to the terms of this Affiliate program to continue using the partner cabinet

6. The User is considered to be attracted by the Partner, provided that the transition to the Referral link was completed within 30 (thirty) calendar days prior to registration in the Service, and the Company was able to record the User's belonging to this partner. If such a User registers in the Service after 30 (thirtieth) calendar days after clicking on the Partner's Referral link, such User is considered independent and not related to such Partner. If the attracted User independently registered on the Service without clicking on the Partner's Referral Link, then he is also considered an independent User and the Commission for him is not paid to the Partner.

6.1. The Company, at its discretion, may provide the Users referred by the Partners with a Trial Period of 30 (thirty) calendar days. To request such a Trial Period, please contact the Company's support team. The Company has the right, at its discretion, to refuse to activate a 30-day Trial period for the involved User. If the application for activation of the 30-day Trial period is rejected, neither such User nor the Partner who attracted such User is entitled to any compensation or reimbursement in connection with such a refusal.

7. Payment of the Commission to the Partner is made on the following conditions:

7.1. Withdrawal of the Commission is available only if the Partner brought at least 3 (three) active Users who made at least one payment each. These should be different Users, not duplicate Accounts of the same User.

7.2. The commission is calculated according to the formula: 30% of the cost of the Tariffs paid by the referred Users from each payment of the Tariff made by them throughout their use of the Service.

7.3. The minimum amount of Commission available for withdrawal is 50.00 USD or its equivalent in any other currency. All payments of Commissions to Affiliates are made only in US dollars. If you use any other local currency, bank exchange fees are not covered by the Company and must be paid at your expense.

7.4. If the User who came through the Partner's Referral Link requests a refund in accordance with the Refund Policy , the refund to such User for the paid but unused periods of the Tariff will be determined by the Company after examining the situation between the Partner, the User brought by him and the Company.

7.5. The User used the Partner's Referral Link in accordance with these Terms of the Affiliate Program, including taking into account clause 6 of this document.

7.6. Payment of the Commission can be made not only by the Company, but also by related persons, agents or contractors of the Company, who in this situation act on its behalf.

7.7. The withdrawal of the Commission by the Partner is possible on a bank card and occurs automatically with the help of technical tools in the Partner's office of the Partner in the Service, within 5 working days after the execution of such a request for withdrawal of the Commission by the Partner.

8. Refusal to pay the Commission . We reserve the right to refuse to pay the Commission to the Partner, including, but not limited to, if:

  • the Partner attracted Users in an illegal or illegal way, including fraudulently attracted Users and motivated them to pay;
  • the Partner himself or his related persons have registered Accounts for personal purposes under the guise of attracting Users;
  • the Partner uses rude or abusive communication with the support service or other employees of the Company;
  • affiliate violates the Terms of Use , these Affiliate Program Terms or applicable law;
  • such payment is prohibited or limited by the local laws of the Partner;

9. Prohibited methods of attracting Users include, but are not limited to:

  • contextual advertising of the Service, not agreed with us;
  • advertising on our brand “Apix Drive”, “ApiX-Drive” or other derivatives thereof, advertising by the keyword “ApiX-Drive” or using the trademark “ApiX-Drive” in advertising text for advertising campaigns on the Internet without the written consent of the Company ;
  • advertising on sites that mislead the user, including but not limited to sites whose technical conditions allow the user to go to our Site by clicking on any place on such a site, even without the intention of the site user to go to our Site;
  • stimulation of registration of Users for bonuses, including, but not limited to, full or partial payment to such a User of the Commission received for his attraction;
  • advertising the Affiliate's Referral Link through spam;
  • use of Referral Links in campaigns that can mislead potential Users about the purpose of the links, for example, systems for non-existent discount coupons, coupon/discount sites, etc.

10. In case of violation of these Terms of the Affiliate Program, the Terms of Use or applicable law, the Company reserves the right to close the Partner's office of the Partner and block the amount of the Commission accrued to such Partner. In this case, the Partner does not have the right to demand the payment of the balance on his partner account and does not have the right to compensation or reimbursement for such blocking of the partner account and for the unpaid Commission.

11. If the User has registered in the Service using the Referral Links of several Partners, the Commission will be credited to the Partner whose Referral Link the User used first, unless otherwise indicated by the User himself. The term of use of the Referral link is taken into account the provisions of clause 6 of this document.

12. In the event of any activity that the Company considers suspicious, we may postpone the payment of the Commission for up to thirty (30) calendar days to verify the relevant transactions. We also reserve the right to recount, block or delete any Users or Commissions in the event of any fraudulent, misleading or otherwise illegal activity of such User or Partner.

13. During the term of your membership in the Affiliate Program, if we make our trademark available to you on a limited use right, you may use our trademark, provided that you comply with the following usage requirements:

  • you are obligated to use only those images of our trademark that we provide to you, without altering them in any way;
  • you are obligated to use our trademarks only in connection with the Affiliate Program;
  • you must comply with our Terms of Use and this document;
  • you must comply immediately if we require you to stop using our trademarks;
  • you are prohibited from using our trademark in a deceptive or unlawful manner;
  • you are prohibited from transferring your limited right to use our trademark to third parties;
  • you are prohibited from using our trademark to profit from any activity, except for the profit that you receive as a Commission from the Company;
  • you are prohibited from using our trademark in a way that implies that we endorse, sponsor, or endorse your services or products; also
  • you are prohibited from using our trademark in violation of applicable law or in connection with obscene or illegal activity, topic or material.

14. Either party may terminate the Partner's participation in the Affiliate Program by sending the other party a written notice of termination 10 (ten) calendar days in advance. In this case, the Partner will receive all accrued and unpaid Commission within 30 (thirty) calendar days after the termination of his participation in the Affiliate Program, if the accrued amount of Commission meets the criteria for withdrawal of the Commission specified in section 7 of this document.

15. The Company and the Partner are independent parties and nothing in this document creates any partnership, labor, representation or agency relationship between the parties. The Partner does not have the authority to act on behalf of the Company.

16. The Affiliate Program is provided on an “as is” and “as available” basis, and the Affiliate uses it at his own risk. The Company makes no representations or warranties, express or implied, in relation to the Affiliate Program, as well as any services or information provided through the Affiliate Program.

The Company is not responsible for any damage or economic loss resulting from the use of the Affiliate Program. If any part of the Affiliate Program causes damage or inconvenience to the Affiliate or any person who makes a claim through the Affiliate, the Affiliate accepts responsibility and all the cost of such damage or inconvenience.

The Partner agrees to indemnify and indemnify the Company, its directors, officers, employees, agents, subsidiaries and contractors from any losses, liabilities, claims, court decisions, settlements, fines, costs and expenses that may arise in connection with the actions of the Partner or any by a third party or by the Partner's use of the Affiliate Program.

The Affiliate confirms that participation in this Affiliate Program will not contradict any existing agreements or arrangements of such Affiliate.

17. We reserve the right, at our sole discretion, to change or modify these Affiliate Program Terms at any time subject to the Affiliates' notice of such changes within a reasonable time frame.

If any change is unacceptable for the Affiliate, the only way out for him/her will be to terminate participation in the Affiliate program. Continued participation of the Partner in the Affiliate Program will mean the mandatory acceptance of such changes.

18. The Partner guarantees and declares that his actions and his participation in the Affiliate Program are taking place in accordance with all applicable laws, rules, regulations and any requirements of state authorities.

19. This document constitutes a complete understanding between the Company and the Partner in relation to the Affiliate Program. These Affiliate Program Terms supersede any other contracts or agreements between the parties on this matter.

20. Any disputes arising in connection with this document shall be governed by the laws of the Republic of Estonia.

21. If any part of this document is held invalid or unenforceable under applicable law, the invalid or unenforceable provision will be deemed superseded by the valid, enforceable provision that most closely matches the purpose of the original provision, and the remainder of this document remains unchanged.

22. The Company reserves the right to transfer, assign, alienate or transfer any or all rights or obligations in accordance with these Terms of the Affiliate Program, taking into account the legitimate interests of the Affiliate.

A partner cannot assign, delegate or otherwise transfer his rights or obligations in accordance with this document without our prior written consent.