THANK YOU FOR READING THESE TERMS AND CONDITIONS IN THEIR ENTIRETY. THEY CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND HOLYSTROM SPRL. BY JOINING AFFILIOR, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THE TERMS AND CONDITIONS OF THIS AGREEMENT AND AGREE TO BE LEGALLY RESPONSIBLE FOR THE ENTIRETY OF THE TERMS AND CONDITIONS FOUND HEREIN.
This agreement contains the entirety of the terms and conditions legally binding you in becoming an associate of the Affilior affiliates Program. The goal of this agreement is to make it possible to create HTML links between your website(s) and websites listed on Affilior. NOTE: Throughout this agreement, “we” or “us” refers to Holystrom SPRL, the company that owns Affilior, and “you” refers to the affiliate (you).
2 Affiliate Obligations
2.1 To begin the registration process, you must complete and submit the online form.
You must be at least 18 years of age to join Affilior.
You must provide your legal given and last names, a valid email address and all other information required to complete the registration process.
Your login credentials may only be used by one person — a single username may not be shared between several people. Each legal person or entity may only posses one Affilior account.
You may not use the affiliates program for any illegal or unauthorized activity. While using this service, you may under no circumstance violate the laws of your country (including laws concerning copyrights).
The fact that we directly approve certain registrations does not remove the possibility that we may reevaluate your registration at a later time. We may delete and/or ban your account without your consent. We may delete and/or ban your account if we believe that your website is not suitable for our program, and if it:
2.1.1 Possesses sexual content
2.1.2 Advocates or promotes violence
2.1.3 Is discriminatory based on race, sex, religion, nationality, disabilities, sexual orientation or age.
2.1.4 Promotes illegal activities
2.1.5 Possesses content that infringes on copyrights or facilitates copyright infringement and/or violates any law regarding intellectual property rights.
2.1.6 Includes the name of a brand listed on the network, or a variation of such name, without having the express agreement of the owner of such brand and us.
2.1.7 Violates the law, is harmful, defamatory, dangerous or possesses any ethically questionable content, at our discretion.
2.1.8 Contains software that may allow or create the monopolization of commissions of other affiliates in our program.
2.1.9 Includes, whether explicitly or not, sites of other brands listed on Affilior that may make visitors believe that you directly represent these brands.
2.2 As a member of the Affilior affiliates program, you have access to an affiliate account. Inside, you can learn more about each merchant, download your HTML codes (allowing you to create hyperlinks to the websites of merchants on Affilior) and banners, and see your traffic and sales statistics. In order to precisely know the number of visitors you send to each merchant site, you must use the HTML codes that we make available to you.
2.3 Holystrom SPRL at all times holds the right to require you to modify the placement of your links in order to follow the instructions provided.
2.4 You are solely responsible for your site’s maintenance and updates. We may monitor your website(s), if we deem it useful, in order to ensure that it is up to date and, if need be, propose changes that may improve your performance on the program.
2.5 You are solely responsible for adherence to the intellectual property and copyright laws that legally bind your site. You must possess the express authorization to use any content from other authors or entities, whether this content is in written, visual or another form. We will not be responsible (and it shall be your sole responsibility) if you use the content of another person or entity and violate laws regarding intellectual property and copyrights or any other laws.
2.6 We strongly recommend you follow national and international laws regarding testimonials and endorsements. Any endorsement, trial or testimonial regarding a brand located on Affilior, as well as the relationship you have with this brand, must be clearly mentioned in an appropriate section of your site, in accordance with relevant laws. Any affiliate that doesn’t explicitly offer its visitors the option to find out the relationship with the brands it promotes may have its account deleted and/or banned from Affilior.
3 Rights and Obligations of Holystrom SPRL
3.1 We hold the right to monitor your website at any time, in order to determine that you are following the terms and condition of this agreement. We may let you know of various changes that we would like you to make on your site. If you do not make these changes, and we deem it necessary, we reserve the right to delete your affiliate account and/or ban you from Affilior.
3.2 Holystrom SPRL reserves the right to terminate this agreement as well as your participation in the affiliates program immediately and without notice, if you engage in any fraud or abuse using our services. If a fraud or abuse is detected, Holystrom SPRL will not pay you any commissions earned through such fraud or abuse and reserves the right to take legal action against you.
3.3 This agreement will begin immediately once we approve your affiliate registration and will remain in effect for an indefinite period unless expressly terminated.
This agreement can be canceled AT ANY TIME, by you or by us, without explanation through a simple written notice to the other party. A written notice can take the form of an email or a letter. In addition, this agreement will be directly terminated should you fail to uphold one or more elements contained herein.
We may modify the terms and conditions of this agreement at any time and at our complete discretion. Should this happen, we will notify you by email. These changes may include, but are not limited to, changes to the Affilior affiliates program’s payment terms. If you do not accept one or more of these changes, you must cancel this agreement or accept these changes. Continuing to use our affiliates program, after receiving the notice of changes, signifies your acceptance of these changes.
In order to be eligible for commission payments, a customer must click on a special hyperlink on your website that links your site to the merchant’s and sell the product.
We may change the structure of your commissions at any time. In this event, we will notify you 30 days before such change. Commissions earned under the structure above will be paid according to the structure above. Commission earned under the new structure with be paid according to the new structure.
We reserve the right to cancel any commissions earned through fraud or abuse, illegally, over-aggressively or through questionable sales and marketing methods.
Payments will only be issued once you have earned at least 50€ in commissions. If your affiliate account never holds more than 50€, you will never receive your commission. We are only liable for the compensation of accounts holding more than 50€.
Provided your earnings are more than 50€, you will be paid every 15 days.
You may not buy products through your own affiliate links. Such sales may result in the non-payment of commissions earned and/or cancellation of this agreement.
7 Access to Your Affiliate Account
You will be able to create a password in order to enter the interface of your affiliate account. From this interface, you will be able to see your sales statistics and the calculation of how much you are owed in commissions.
8 Promotional Restrictions
8.1 You are free to promote your site as you see fit, but any promotion that mentions a brand listed on the Affilior site must make it obvious to your visitors that such promotion is a partnership. You must also be aware that we systematically reject certain types of promotions. For example, we will under no circumstances accept spamming, especially since this form of promotion can damage the brands you are promoting. Other unacceptable forms of promotion include sending unsolicited commercial emails and sending mass messages on forums or other sites of information. In addition to this, you may in no way promote brands listed on Affilior by falsifying or concealing your identity, the name of your domain or your email address. You may use emails to promote brands listed on Affilior under the condition that the people receiving such emails are already your clients or have expressly agreed to receive commercial information from you. In addition, such people must, at all times, have the option to unsubscribe from your email list and to no longer receive emails on your behalf. You may not promote brands listed on Affilior through a third-party website, unless they have expressly given you authorization to do so. At all times, you must clearly present yourself as being independent from the brands you are promoting. If we discover that you have engaged in spam or any other unauthorized promotional means, we will immediately terminate this agreement, and you will be banned from our affiliates program. Any amount(s) that we owe you at the time we discover questionable activities on your behalf will not be paid.
8.2 If you use “pay-per-click” programs, such as Google Adwords or Bing Ads, you may not use keywords directly representing the brand they are promoting (for example “FormuleH”, “FormuleH.com”, etc.) and/or variants thereof, whether isolated or combined with other keywords. If you do so, your account will be deleted and you will be immediately banned from our affiliates program.
8.3 You may not use interstitials, parasite programs, parasite marketing, purchase-assisting applications, toolbar installations, add-ons, pop-ups or pop-unders from the moment a consumer clicks on an affiliate link to the moment such consumer has completely left the website of the merchant you are promoting via Affilior. By parasite programs and parasite marketing, we are referring to an application that:
(a) intentionally or accidentally updates the commission tracking cookie in any manner other than through the voluntary clicking of a customer on an affiliate link;
(b) intercepts searches in order to redirect traffic via a program installed on a consumer’s computer, causing the appearance of pop-ups and/or the placement of tracking cookies, when a consumer normally would have been able to arrive at the same destination through the results obtained by their search;
(c) places tracking cookies by launching the site you are promoting through IFames, hidden links and automatic pop-ups;
(d) targets content on websites other than those 100% owned by the owner of the application, for contextual marketing purposes;
(e) removes, replaces or blocks the visibility of affiliate banners with other banners, except for websites that are 100% owned by the owner of the application;
8.4 Affiliates using similar domains or domains close to the names of brands listed on Affilior will be banned from the program and will forfeit all their previously earned commissions.
9.1 We grant you the non-exclusive, non-transferable and revocable right to:
(i) Access your site through HTML links solely in accordance with the terms and conditions of this agreement;
(ii) solely in relation with these links, use logos, names and other identifying resources we offer you or authorize you to use for promoting them. You may only use these resources if you are a full member of our affiliates program. You acknowledge that these resources exist for the sole purpose of improving the image of the brands promoted, which is done solely in the interest of these brands.
9.2 Each party agrees to not use the other’s resources in a derogatory, deceitful or obscene manner or in any way that creates a negative image. Each party retains their own rights regarding resources shared via this license. In addition to the license granted in this agreement, each party retains all their rights, titles and interests and no right title or interest is to be transferred to the other party.
10 Areas outside of Our Liability
AFFILIOR.COM MAKES NO GUARANTEE REGARDING THE PRODUCTS AND SERVICES LISTED ON ITS NETWORK. AFFILIOR.COM EXPRESSLY RENOUNCES ANY GUARANTEE OFFERED BY MERCHANTS LISTED ON ITS SITE. WE DO NOT GUARANTEE THE UNINTERRUPTED AND/OR ERROR-FREE USAGE OF OUR SITE OR THE SITES OF OUR PARTNERS, AND WE ARE NOT RESPONSIBLE FOR ANY INTERRUPTIONS AND/OR ERRORS WHATSOEVER.
11 Your Representations and Guarantees
11.1 This agreement has been sent to you and validated by us. It constitutes a legal valid obligation on your behalf, which may be used against you, in accordance with these terms and conditions.
11.2 You have the right and the capacity to accept the terms and conditions of this agreement and to execute your obligations under this agreement, without needing the approval or consent of the other party.
11.3 You have sufficient rights and interests through the rights and interests granted to you under this agreement.
12 Liability Limitations
WE ARE NOT RESPONSIBLE IN ANY MANNER FOR LAWSUITS ARISING FROM THIS AGREEMENT AND RELATIVE TO ANY DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF REVENUE OR REPUTATION, OR ANTICIPATED EARNINGS OR LOSSES FOR YOUR BUSINESS), EVEN IF WE HAVE BEEN NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGES. IN ADDITION, REGARDLESS OF ANYTHING THAT MAY BE CONTAINED IN THIS AGREEMENT AND CONTRARY TO IT, HOLYSTROM SPRL SHALL NEVER BE LEGALLY RESPONSIBLE FOR ANY SITUATION ARISING ON YOUR BEHALF FROM THIS AGREEMENT OR IN CONNECTION WITH THIS AGREEMENT, FOR ANY AMOUNT EXCEEDING THE TOTAL COMMISSIONS YOU HAVE BEEN PAID UNDER THIS AGREEMENT.
Through this agreement, you expressly agree to indemnify and not seek compensation from Holystrom SPRL, Affilior.com, its affiliates and partners, their managers, directors, employees, agents, owners, partners, members or others through any claim, lawsuit, complaint, liability, loss, damage, settlement, cost or expense (including lawyer costs) (all the terms used above refer to the word “Loss”) provided such Losses (or litigation connected to them) arise from or are based on:
(i) any claim involving our usage of registered trademarks that infringes on other registered trademarks, names, copyrights, licenses, intellectual properties or any other property right of any other third party.
(ii) any false declaration of a representation, guarantee or violation of a commitment accepted on your behalf through this agreement, or
(iii) any claim relative to you/your site(s) including, but not limited to, content of yours that cannot be attributed to us.
All confidential information, including, but not limited to, any technical, business or financial information or any information on the consumer shared by one party to the other during the negation of the terms and conditions of this agreement considered “Confidential” shall remain under the sole ownership of the party sharing such information, and the other party shall keep the confidentiality of such information and may not use such information without the written authorization of the sharing party.
15.1. You acknowledge the fact that you are a self-employed worker and that at no time does this agreement create a partnership, franchise, representation or a labor contract between you and us. You do not have the right to make or accept offers or representations on our behalf. You may not communicate or post information on your site(s) that conflicts with the information contained in this section
15.2. Neither party may assign its rights or obligations resulting from this agreement to another party, except in the event that a third party obtains the entirety of the assets of this party.
15.3 This agreement is governed and interpreted in accordance with the laws of the country in which the owner of the website(s) resides.
15.4 You may not modify or waive any section of this agreement, except if such is expressed in writing and signed by the 2 parties.
15.5 This agreement represents the entirety of the agreement between you and the website Affilior.com/the company managing it, and renders null and void any prior agreement between the 2 parties, whether oral or written.
15.6 The headings used in this agreement are only provided for convenience and do not limit or affect any of the terms and conditions of this agreement.
15.8 If any section of this agreement is recognized as invalid or not applicable, such section must be removed or limited to a minimum, before being changed by Affilior.com, but the rest of this agreement will remain in full effect at all times.
15.9 If our Terms and Conditions (this document) needs to be amended/changed in anyway, to include or exclude any terms or conditions, we will notify you by sending an email to the email address you gave us upon registration to our services, or to the email address we have on file. It’s your responsibility then to accept ou reject the new terms and conditions by clicking the dedicated link included in the email.