Introduction

The following terms and conditions (the “Agreement”) shall govern your participation in the Affiliate Program provided by Affburg.com (“we”, “us”, “our”), which is owned and operated by Affburg. By accessing and participating in the Affburg Affiliate Program, you (“Affiliate” or “you”) agree to be bound by the terms outlined below. If you do not agree to these terms, please refrain from participating in the Program.

Definitions

Affiliate – any natural or legal person (including agents, employees, representatives, and others acting on their behalf) who subscribes or registers on the Affburg.com affiliate platform to provide services.
Links – textual and/or graphic connections to the Program Web Sites and/or other creative information.
Affiliate Program – a third-party owned program available to affiliates via Affburg.com.
Affiliate Account – a virtual account created and provided to the Affiliate by Affburg.
Media – platforms through which advertising campaigns can be conducted (websites owned or controlled by you, emails sent by you, and other legitimate online advertisements).
Program Web Sites – websites made accessible to you and featured via Affburg and its Partner Affiliate Programs.
Affburg – the owner of the affiliate platform and the programs used for affiliates and advertisers.
Partners – third-party owners or authorized operators of the Program Web Sites.
Commission – the fee per Conversion to be paid by Affburg to the Affiliate.

1. Affiliate Participation

1.1 Application and Account Creation
To become an Affiliate, you must complete the application form on Affburg.com with maximum diligence and accuracy. Fake names, aliases, or pseudonyms must not be used.
You are required to keep your contact information up-to-date and promptly inform us of any changes.
You must be over 18 years old or the legal adult age in your jurisdiction.
If Affburg rejects your application, it will be based on factors such as the nature of your promotional methods or traffic sources.
Affburg reserves the right to reject your application if you are from any prohibited country or region.
Upon approval, you will be provided with login details for your Affiliate Account. You must keep this information confidential and secure.
1.2 Your Warranties
You represent that all information provided to Affburg is accurate and up-to-date.
If you are an affiliate network, you are responsible for ensuring all sub-affiliates comply with this Agreement.
You warrant that you have full legal capacity to enter into this Agreement.
You agree to keep your login data confidential and take full responsibility for all activities conducted through your Affiliate Account.

2. Payments/Commissions

2.1 Commission for Qualified Actions
You will earn a Commission for each “Qualified Action” as defined below:
A natural person who accesses the Program Web Site through the Link.
The action must not be fraudulent or artificially generated.
The person must not use pre-filled fields or engage in any prohibited actions.
The action must be completed within the timeframes established by Affburg and/or its Partners.
2.2 Declining Actions
If a Qualified Action is later determined to be invalid (e.g., chargebacks, refunds), the corresponding commission may be reversed.
2.3 Payment Schedule
Payments will be made on a Net30 schedule for new affiliates.
Payments will be made weekly (Net7) if you generate over $1500 per week for Paypal and Cryptocurrency.
If your account balance falls below the required minimum, payments will be carried over to the next month.
Payments can be made in USD, EUR, or GBP, depending on the currency selected during account creation.
2.4 Payment Disputes
Disputes regarding payments must be submitted within 30 days of the invoice date. Failure to dispute within this period waives all claims for that invoice.
2.5 Incorrect Payment Details
If incorrect payment details are provided, additional fees may apply, and commissions may be withheld until the issue is resolved.
2.6 Account Inactivity
If an Affiliate account is inactive for 6 months, any outstanding commissions may be voided, and the account may be terminated.

3. Rules and Obligations for Affiliates

3.1 Content Responsibilities
You are solely responsible for the operation, development, and maintenance of all content associated with your Media.
Your content must comply with applicable laws and must not contain harmful, defamatory, sexually explicit, or discriminatory material.
3.2 Email Campaigns
Email marketing campaigns must be approved in advance by Affburg. Spamming or unauthorized email promotions will result in account suspension.
You must use the Suppression List to exclude unsubscribed users from your email campaigns.
3.3 Advertising Guidelines
Affiliates must follow all applicable laws, including privacy laws such as the GDPR.
Affiliates must not place Links on auction sites, bulletin boards, or in chat rooms.
Pop-up and pop-under advertisements are only allowed with explicit permission.
3.4 Third-Party Affiliates
Affiliates operating networks must ensure their sub-affiliates comply with the terms of this Agreement. Any violations by sub-affiliates will result in immediate action by Affburg.
3.5 Social Media Usage
Affiliates are prohibited from using social media platforms such as Twitter, Facebook, and Instagram to advertise the Program Web Sites without prior written consent from Affburg.
3.6 Mobile Traffic
Traffic from mobile devices must be directed to mobile-optimized landing pages. Traffic from non-supported mobile devices may be excluded.

4. Termination

4.1 Termination by Affburg
Affburg may terminate this Agreement at any time for any reason, including for violations of this Agreement.
4.2 Termination by Affiliate
Affiliates may terminate their participation in the Affiliate Program by notifying Affburg.

5. Liability and Indemnity

5.1 Limitation of Liability
Affburg is not liable for any indirect, special, or consequential damages arising from your participation in the Affiliate Program.
5.2 Indemnification
You agree to indemnify and hold Affburg harmless from any claims, losses, or damages arising from your breach of this Agreement or your actions in connection with the Affiliate Program.

6. Miscellaneous

6.1 Governing Law & Expenses
This Agreement is governed by the laws of Hungary. Any claim or dispute arising out of or in connection with this Agreement, including its formation or subject matter (including non-contractual claims or disputes), shall be governed and construed in accordance with the laws of Hungary. The courts of Hungary shall have exclusive jurisdiction to hear and resolve any dispute, lawsuit, claim, or action arising under or in connection with this Agreement. The parties consent to the personal jurisdiction and chosen venue for resolving disputes. You agree to cover all expenses, fees, and costs incurred by attorneys and/or Affburg.com to enforce compliance with the terms of this Agreement.

6.2 Entire Agreement
This Agreement constitutes the entire agreement between you and Affburg.com concerning the subject matter of this Agreement and supersedes all previous and/or concurrent agreements, understandings, or covenants, whether written or oral. Affburg.com will not adhere to or accept any online terms or Affiliate insertion orders that modify, contradict, or supplement this Agreement, regardless of whether Affburg.com “clicks” or otherwise expresses consent to such terms.

6.3 Assignments and Survivability
You may not assign this Agreement or any part of it without prior written approval from Affburg.com. Affburg.com reserves the right to assign this Agreement at any time by notifying you. The following clauses shall survive the termination of this Agreement: Confidentiality, Intellectual Property Rights and License, Termination, Anti-Spam Policy, Fraud, Representations and Warranties, including Unprejudiced Investigation, and Disclaimers. If any provision of this Agreement is found to be invalid, void, or unenforceable, the remaining provisions shall remain in full force and effect.

6.4 Independent Contractors
All parties to this Agreement operate as independent contractors in all matters arising from this Agreement. Nothing in this Agreement shall be construed as creating a joint venture, partnership, employment, association, or agency relationship between the parties.

6.5 Agreement Acknowledgement
By submitting an application to the Affiliate Program, you confirm that you have read this Agreement in full and agree to abide by all its terms. If you do not agree to the terms, do not apply for the Affiliate Program. If an individual accesses this Agreement on behalf of a legal entity, they represent and warrant that they possess full authority to bind the legal entity to this Agreement.

6.6 Questions or Clarifications
If you have any questions or require clarification regarding this Agreement, please contact us at [email protected].