These Terms apply to all Users using the partner marketing software solution through the Platform. If you do not agree with these Terms, you may not access or use the Platform or any Services provided on the Platform. All information and Services provided on the Platform are provided on a strictly “as-is” basis without any warranty whatsoever.
Your use of Services is also governed by Affigate Privacy Notice which is herein incorporated by reference. Moreover, the use of the Services by Advertising Agents is also governed by the Affigate SaaS Agreement.
1. Terms and Definitions
1.1. Account – a personal account on the Platform required to access the Services.
1.2. Applicable Law – laws of Estonia, applicable under these Terms to any and all relations between you and the Company.
1.3. Affigate (also referred to as the “Platform”) – an online platform, providing you with access to Services of partner marketing software solution.
1.4. Affigate OÜ (also referred to as the “Company”, “We”, “Our”) – a company, incorporated in Estonia under Company Number 16018462 with a registered address at Harjumaa, Tallinn, Punane tn 6-219, 13619 which provides you the Services on the Platform.
1.5. Privacy Notice – rules of personal data collection, storage, and use, developed by the Company in accordance with the Applicable Law, which construes an integral part of the Terms and can be accessed at Privacy Notice page.
1.6. Services – services of partner marketing software solution, provided through the Platform by the Company.
1.7. User (also referred to as “You”, “Your”) – Advertiser, Affiliate or Advertising Agent who has an Account on the Platform, has the capacity to enter into a legally binding contract and use the Platform, and is not prohibited to use the Services by the Applicable Law or any other laws that may apply.
1.8. Affiliate - any person who participated in marketing campaigns created by Advertising Agents that displays advertisements on behalf of an Advertiser.
1.9. Advertiser - any persons promoting its products or services through the Advertising Agents.
1.10. Advertising Agent - any person entered into Affigate SaaS Agreement with us and is engaged in the creation and management of marketing campaigns through the Platform aimed at the promotion of products and services of the Advertisers.
2.1. These Terms constitute a legally binding agreement between you and the Company.
2.2. These Terms apply to any and all Services, information, texts, and other products, offered on the Platform by the Company.
2.4. You cannot access or use the Platform if you have not read, understood, and accepted all the provisions of these Terms.
2.5. The Company may change, remove, or add the context of the Terms and reserves the right to do so in its sole discretion. All new and/or revised provisions of the Terms take effect immediately and apply to your use of the Platform from that date on. Please, check these Terms regularly to be aware of all current provisions of these Terms.
2.6. The Company will notify you about significant changes in these Terms. This can be done by posting a notification on the Platform or sending you an e-mail (if appropriate).
2.8. These Terms, including our Privacy Notice and the Affigate SaaS Agreement (if applicable), any and all notices, notifications, disclaimers construe, form the entire agreement between you and the Company.
3.1. The Company provides SaaS partner marketing software solution through the Platform.
3.2. You shall be allowed to (i) upload data to the Platform; (ii) use Platform to retrieve, arrange, analyse and store the data, (iii) download data from the Platform.
3.3. The Company may at any time disable your access to the Platform and/or specific Service or all Services altogether and reserves the right to do so at its sole discretion.
3.4. The Company may monitor your use of the Platform to ensure quality, improve products and services, and verify your compliance with these Service Terms.
4.1. To access Services, you must open an Account on the Platform by undergoing a registration procedure under the registration link or to be provided with a valid account by the Advertising Agent or Company.
4.2. The Services and the use of the Platform are available to individuals or legal entities, that:
- are at least 18 years of age (for individuals);
- have the capacity to enter into a legally binding contract and use the Platform, and are not prohibited to do so and use the Services by the Applicable Law or any other laws that may apply;
- are not residing/domiciled in Iran, North Korea or other countries under effective trade embargoes, or economic sanctions lodged by United Nations, European Union or the United States.
4.3. You shall have only one Account on the Platform unless expressly provided with the valid account by the Advertising Agent or Company. Advertising Agents are authorised to have multiple accounts for their managers on the Platform.
4.4. You are prohibited to create an Account on the Platform if your Account has previously been suspended by the Company.
5. Personal Account
5.1. When opening an Account on the Platform, you warrant that any and all information, submitted by you is accurate, valid, up-to-date, and complete.
5.2. You shall not use your Account for illegal purposes and activities, which may include but are not limited to spam, hacking, money laundering, terrorism financing, human, drug, weapon, and sex trafficking.
5.3. You must not register an Account on behalf of another individual or entity unless you are not expressly authorized to do so by the Company. Advertising Agents are deemed to be authorised by the Company for the registration of accounts for other users.
5.4. You are solely responsible for keeping your Account secure. Do not share your login and password with others.
5.5. You must notify the Company immediately upon becoming aware of any breach of security or unauthorized use of your Account.
5.6. The Company reserves its right to suspend your Account without providing notice or reason in case of any violation of these Terms.
6. Registration Requirements
6.1. All Users of the Services must have a registered account in order to receive access to the Services, provided on the Platform. To register for an Account, you must provide your name, email address, password and other information required as well as accept the Terms and Conditions and Privacy Notice. Users that started to use the valid account created by Advertising Agent or Company are deemed to accept the Terms and Conditions and Privacy Notice.
7. User Conduct
7.1. While visiting, accessing, using the Platform and Services, you agree to:
- not violate or assist any third party in violating these Terms and/or any Applicable Law, which may include but is not limited to international laws, national laws, statutes, regulations, etc.;
- not provide false, inaccurate, incomplete and misleading information to the Company;
- not violate intellectual property rights (trademark, copyright, patent, and other intellectual property rights) of the Company;
- not Involve in the sending of unsolicited commercial e-mail, spam, chat messages or instant messenger messages or other illegal or unethical means of promotion or advertising;
- not use the Platform in any way that can damage, disable or overburden the Platform, which may include but is not limited to uploading or in any other way, while using the Platform, sending viruses, Trojan horses, spyware, adware or any other malicious code; performing DDoS attacks, interfering with or disrupting any network, equipment, or server connected to or used to provide services on the Platform;
- not attempt to gain unauthorized access to the Platform, other Users’ Accounts, computer systems or networks connected to the Platform or to extract data from the Platform;
- not share your Account and/or password with third parties or use any other person’s Account and/or password;
- not impersonate or misrepresent your affiliation with another User, person or entity, nor make other fraudulent, false, deceptive, or misleading representations;
- not take part in the promotion of sexually explicit materials, adult or pornographic content, hacking, cracking content, violence or profanity, racial intolerance, or advocating against any individual, group, organization, gender, religion, nationality, disability, sexual orientation or age;
- not engage in offenses against any individual and his privacy.
7.2. You hereby represent and warrant to Company that while visiting, accessing, using the Platform and Services all materials, content, e-mail, and services offered through and in association with you shall not at any time:
- be associated with the content that is defamatory, misleading, hateful or unlawfully threatening, abusive or harassing;
- include any of the Company's trademarks or service marks, or variations or misspellings thereof, in your domain names;
- involve in advertising or marketing that is misleading or unlawful in any manner;
- involve in unfair, fraudulent, or misleading business practices or unfair competition.
7.3. You are solely responsible for ensuring that your use of the Platform or any marketing activities conducted by you via the means of the Platform complies with all applicable laws and regulations including but not limited to anti-spam, copyright, and privacy regulations. You must have obtained express permission to use the third party's copyrighted or proprietary material. You acknowledge and agree that the Company Is not liable for any content or material posted or promoted by you.
7.4. You are solely responsible for all content and activity that occurs under your account.
8. Account Closing & Suspension
8.1. You can close your Account at any time at your sole discretion.
8.2. The Company reserves the right to suspend your Account in an event:
- we reasonably believe your Account has been compromised, as well as for any other security reasons;
- we reasonably believe your Account is being used by a person with no right and/or authorization to do so;
- you fail to comply with these Terms, as well as with any other document that construes a part of these Terms;
- you have provided us with any false, incomplete, misleading, inaccurate information;
- you, your Account, your behaviour poses regulatory risks to the Company;
- we reasonably suspect you of fraud, violating the Applicable Law;
- we were reported for spam associated with your account;
- we received any reports or claims from the third parties associated with any illegal activity or activity that violated a public moral connected to your account;
- other reasons that construe a blatant violation of these Terms and the Applicable Law.
8.3. Furthermore, we reserve the right to suspend or close your account and terminate this Agreement at any time if we determine (in our sole and absolute discretion) that your conduct violated this Agreement.
8.4. The Company may, but is not obliged to, notify you about the reasons for your Account suspension.
8.5. The Company is not liable for any losses suffered due to your Account closure or suspension.
8.6, The Company reserves the right to report violations committed by you during the use of the App and the Services to the authorized government bodies.
8.7. Advertising Agent has the right to suspend personal accounts of users that were registered on the platform through its registration link or were provided with the valid account by the Advertising Agent in its sole and absolute discretion. The Company disclaims any control or liability for the actions of the Advertising Agent within the platform.
9.1. The Company may produce and display content (the “Content”) on the Platform, which includes but is not limited to information, texts, images, video, and audio files.
9.2. The Content does not constitute any form of investment advice, financial advice, trading advice, or any other sort of advice unless specifically mentioned otherwise and should not be construed as such. The Company shall not hold liability for any actions that arise from its Content.
10. Intellectual Property
10.1. All components, Content of the Platform, and the Platform as a whole belong to the Company and are protected with, including, but not limited to the copyright, trademarks, trade secrets. All rights reserved.
10.2. You must not reproduce, reprint, publish, modify, distribute, display, transmit, license, transfer or otherwise exploit Content or technology from the Platform without Company’s prior written consent.
10.3. Violation of any of the intellectual property rights of the Company is strictly prohibited.
11. Links to Third-Party Websites
11.1. The Platform may contain links to third-party websites or services that are not owned or controlled by the Company.
11.2. The Company has no control over and assumes no responsibility for, the content, privacy policies, or practices of any third-party web sites or services. The Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such websites or services.
11.3. For more information, please read these companies’ public policies.
12. Disclaimers and Limitations of Liability
12.1. For non-performance or improper performance of their obligations under these Terms, the Company and you shall be liable in accordance with these Terms and the Applicable Law, unless otherwise provided hereby.
12.2. The Platform, Content, and Services are provided without any guarantees, conditions, or warranties as to its accuracy, quality, and fit for a particular purpose or need. The Company does not guarantee that the Platform and Services are error-free, reliable, or will operate without interruption.
12.3. The Platform is provided to you on the “AS-IS” basis.
12.4. The Company shall not be liable for the use or inability to use the Platform and Services.
12.5. The Company shall not be liable for any interaction, communication and settlements between the users. The Company shall not be liable for any actions of the Advertising Agent or other users within the platform.
16.6. In no event shall the Company, its officers, directors, employees, agents, third-party service providers be liable to you or any other person or entity for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever, including any that may result from (i) the accuracy, completeness, or content of the Platform, (ii) the accuracy, completeness, or content of any websites linked (through hyperlinks, banner advertising or otherwise) to the Platform, (iii) the Services found at the Platform or any websites linked (through hyperlinks, banner advertising or otherwise) to this Platform, (iv) personal injury or property damage of any nature whatsoever, (v) third-party conduct of any nature whatsoever, (vi) any unauthorized access to or use of Company’s servers and/or any and all content, or other information and data stored therein, (vii) any interruption or cessation of Services to or from the Platform or any websites linked (through hyperlinks, banner advertising or otherwise) to this site, (viii) any viruses, worms, bugs, trojan horses, or the like, which may be transmitted to or from this site or any websites linked (through hyperlinks, banner advertising or otherwise) to this Platform, (ix) any loss or damage of any kind incurred as a result of your use of the Platform or the Services found at the Platform, whether based on warranty, contract, tort, or any other legal or equitable theory, and whether or not the company is advised of the possibility of such damages, (x) losing access and/or unauthorized access to your Account.
12.7. Without limiting the generality of the foregoing, Company shall in no event be liable to you or any other person, including, without limitation, subscribers, for indirect, incidental, or special damages, lost profits, lost savings, or any other form of consequential damages, regardless of the form of action.
12.8. Under no circumstances shall Company be liable to you or any other person or entity, including, without limitation, customers, for any loss, injury, or damage, of whatever kind or nature, resulting from or arising out of any mistakes, errors, omissions, delays, or interruptions in the receipt, transmission, or storage of any messages or information arising out of or in connection with the Platform.
12.9. Neither the Company nor any of its affiliates or licensors will be responsible for any compensation, reimbursement, or damages arising in connection with any changes in the terms and conditions of this Agreement. You will defend, indemnify, and hold harmless the Company from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorney fees) arising out of or relating to any third-party claim concerning this Agreement.
12.10. The Company shall not be liable for any events that may include but are not limited to civil, criminal, and administrative actions that may arise from youк use of Services and Platform if such use is forbidden or otherwise limited in your country.
12.11. You hereby agree to defend (or pay our fees and costs of defence at our sole discretion), indemnify and hold us and our subsidiaries and affiliates, and their directors, officers, employees, agents, shareholders, partners, members, and other owners, harmless against any and all claims, actions, demands, liabilities, losses, damages, judgments, settlements, costs, and expenses including reasonable attorneys' fees (any or all of the foregoing hereinafter referred to as "losses") insofar as such losses, or actions in respect thereof, arise out of or are based on.
- any failure or breach of any representation, warranty, covenant, or agreement made by you;
- any misuse of our name or trademarks;
- any claim related to your Site and/or App or services, including, without limitation, any content therein;
- any claim that your content infringes copyrights or any other intellectual property rights or that your Site and/or App or services are engaged in unfair competition;
- any claim arising out of your violation of the terms and conditions of this Agreement or, your violation of the Applicable Law, including any law, rule, or regulation, or the rights of any third party;
- any claim that you violated privacy rights or failed to maintain proper security; or
- any claim that your advertising, communications (including, but not limited to e-mail communications), or marketing is misleading or unlawful in any manner.
12.12. In case of any circumstances of insuperable force (i.e. events of extraordinary or insuperable nature) that have occurred and remain in effect beyond your and the Company’s (the “Parties”) control and that a Party could neither foresee nor prevent for objective reasons, if these circumstances prevent a Party from proper fulfilment of its obligations hereunder, the term for fulfilment of such obligations hereunder shall be extended for the period of the effect of such circumstances of insuperable force. The circumstances of insuperable force shall include wars and other military operations, earthquakes, floods, and other natural disasters, adoption of laws and regulations by state and local authorities, failure of power supply or communication system or other similar circumstances that prevent the Parties from the proper fulfilment of their obligations hereunder.
12.13. If any provision of this Terms is, for any reason, held to be invalid or unenforceable, the other provisions of this Terms will be unimpaired, and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.
13.1. The Company may from time to time post official announcements, news, notices, etc. (the “Announcements”) on the Platform. In no event shall the Company be liable for any losses arising from you neglecting or ignoring the Announcements.
14. Applicable Law and Dispute Resolution
14.1. These Terms are governed by the laws of Estonia.
14.2. You and the Company shall endeavour to resolve through negotiations all disagreements that may arise between you and the Company during the validity term hereof.
14.3. If the parties fail to reach an agreement on the dispute within 30 (thirty) calendar days, the dispute shall be submitted to the competent court under the Applicable Law.
15. Final Provisions
15.1. These Terms shall remain in force until terminated by the Company. The Company may terminate these Terms at any time at its own discretion without explaining the reasons for this decision.
15.2. If any questions have not been regulated by these Terms, they shall be regulated under the Applicable Law.
15.3. These Terms are a legally binding agreement and together with its other integral parts constitute an entire agreement between you and the Company.
15.4. In an event the Platform is available in multiple languages; the English version of the Terms shall prevail.
15.6. Should you have any comments, questions, or complaints, please contact us at firstname.lastname@example.org