Terms of Service

When you subscribe to the i-affiliate network you declare to have read and agree with the following agreement. Read this agreement carefully. If you do not agree with any of the articles below then participation to the i-affiliate program is strictly prohibited.These conditions apply to all agreements & understandings that were finalised with the affiliate. For any deviation of these conditions, a written proof is required.

This agreement is made between BVBA EUReaction with VAT number BE.0884.791.636, located in A. Dansaertstraat 18/7 1000 Brussels Belgium and its branch i-affiliate, ('i-affiliate') and you ('affiliate', 'distribution partner'), the applicant to get access to the i-affiliate platform


1. Participate


In order to enroll in the Program you must:

1.1 Submit the completed application form, located on the i-affiliate website

1.2 Be of legal age to close a binding agreement in the country, province or district you live in.


2. Start, duration and end


2.1.You will receive an initial acceptance or rejection message via email. We may reject Your application or terminate Your account at any time if, in our sole discretion if we determine your website unsuitable to promote our clients for any reason. Our reasons may include, but are not limited to, a belief your website incorporates unlawful images or content or content that is in any other way defamatory, obscene, harassing or otherwise objectionable. Any sites promoting violence, racism or any other illegal activity will automatically be rejected and all commissions earned will be void.

2.2. This Agreement will commence upon approval of the terms and conditions by the affiliate partner.

2.3. i-affiliate as well as the Distribution Partner may terminate this contract immediately if any legal changes occur that affect the promotional activities and would render parts of these activities illegal.

2.4. I-affiliate may terminate this Agreement immediately if Distribution Partner is in breach of any representation, warranty or covenant in this Agreement.

2.5. Affiliate may end the agreement by deleting his/her account via the i-affiliate interface.

2.6. i-affiliate may terminate any and all benefits under this agreement, for any reason with or without prior notice or cause.

2.7. In case the agreement has ended affiliate will immediately remove all creative material and links from the i-affiliate advertisers.

2.8 The affiliate agrees not to put any of the following contents on his site, blog or newsletter. If the affiliate does take up these types of content, the earned commissions will be void and the affiliate account will be terminated.
  • Sites deploying, promoting or facilitating illegal activities, including but not limited to racist texts or messages.
  • Sites consciously creating a negative image of an Advertiser who has signed up with Adforce.
  • Sites who infringe copyrights, trademarks or other rights attributed to the advertiser.
  • Sites with pornographic contents, except for campaigns that have been placed in the category 'erotics'.


2.9 The affiliate confirms that he possesses all necessary rights on the contents of the site, blog or newsletter.

2.10 Adforce/the advertiser can suspend a campaign at any time if there is a justifiable reason to do so.

2.11 The affiliate agrees to remove within 2 days any links or graphical items from campaigns that are finished.

2.12 Adforce preserves the right to halt a campaign at any moment.


3. Commissions


3.1. Commissions are paid per click, lead or sale depending of the type of program the advertiser has launched in i-affiliate.

3.2. I-affiliate will pay Distribution Partner a fee per valid action generated by Distribution Partner that has been approved by Client & I-affiliate. i-affiliate reserves the right to not put payment of commissions on hold if we believe any fraud has been committed. In this case, we'll investigate this case to determine whether generated results are valid ones or not.

3.3. Fee per valid action will be determined in the I-affiliate Platform

3.4. I-affiliate will provide payment to Distribution Partner to the account data provided in the i-affiliate platform.

3.5. Fees paid will be final unless Distribution Partner notifies I-affiliate in writing of any payment discrepancies within 30 days of receipt of the payment.

3.6. Affiliates will be paid on a 'net 45' basis, meaning you'll receive the commissions earned in january in the week of the 15th of march. If commissions accrued do not surpass the treshold that has been set by the affiliate (with a minimum of 50 euro), these commissions will be rolled over into the next payment cycle.

3.7. Payments will be done either via a direct wire or via paypal. Costs incurred will be fully held by the affiliate.

3.8. You'll have no right to any commissions for any revenues that i-affiliate deems to be the result of any fraudulent activity. Possible fraudulent activity shall but is not limited to include:

(a) an attempt to put through a credit card with a bin number that is listed in a negative bin number database;
(b) sequential or multiple attempts to register or subscribe from a credit card using the same bin number and sequential or multiple number strings to complete the credit card number.

3.9. In case affiliate ends this agreement you'll be entitled to the commissions earned when they surpass the 50 euro treshold.


4. Distribution Partner Responsibilities


Distribution Partner agrees to

(a) operate, maintain & manage the distribution media that are used to promote Client consistently with this Agreement as well as the terms and conditions that are set by the distribution media.

(b) maintain its customer list conform with best practices of opt-in e-mail & privacy policies and comply with the provisions of the "Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003" ("CAN-SPAM"). Included practices, but not limited to those are:

(1) Only send e-mails to recipients that have explicitly asked to be subscribed to receive offers.
(2) A functioning and clearly visible Unsubscribe mechanism is present in each email that is sent.
(3) In case subject line can be chosen freely, the name of the Client will not be used in the subject line and/or originating e-mail address.
(4) Not allowing any misleading information in e-mail header and/or body, including relaying IP address to cloak originating source.
(5) Using any system that is used to send, relay or retransmit e-mails without proper authorization.
(6) Clearly indicate that e-mail contains an advertisement or solicitation.
(7) Sender of e-mail identifies itself including company name, e-mail & address.
(8) Not promote offers via any adware onto a user’s computer unless that user has previously explicitally agreed to have this kind of software installed on his/her computer.

(c) If I-affiliate receives a complaint in which Distribution Partner is involved, Distribution Partner will provide necessary validation information that will prove consent of recipient to receive e-mails from Distribution Partner or affiliates. This information has to be transferred within 3 business days after request.

(d) Use creative specifications as indicated by I-affiliate. Any alteration to creative materials needs to be approved in writing by I-affiliate before altered creative can be used.

4.2. Distribution parter receives a limited, non-exclusive, non-transferable and revocable license to access and download creatives such as text links and banners or any other types of promotional materials to promote the advertiser on his/her web property.

4.3. Sending unsolicited bulk e-mail, including the transmission of counterfeit e-mail, may result in civil and criminal penalties against the sender under applicable laws. We expect that all affiliates adhere to the current laws.

4.4. affiliate is the only one responsible to keep the information on his/her site up to date, including information about the offers that are promoted via the i-affiliate platform.


5. Trademarks and Proprietary Rights


5.1. If Client possesses any preexisting copyright interests in its Offers, I-affiliate on behalf of Client, grants the Distribution Partner a limited, non-exclusive, non-transferable, revocable license to use, reproduce and distribute the offers in accordance with the terms of this Agreement.

5.2. Affiliate grants I-affiliate a limited, non-exclusive, non-transferable, revocable, worldwide license to use, reproduce and distribute its company name and logo for use in I-affiliate’s promotional materials.

5.3. Neither party will use the other party’s Licensed Property in a manner that disparages the other party or its products or services, or portrays the other party or its products or services in a false, competitively adverse or poor light. Each party will comply with the other party’s requests as to the use of the other party’s Licensed Property and will avoid any action that diminishes the value of such marks.

5.4. All data collected by I-affiliate while performing its obligations under this Agreement is the property of I-affiliate. I-affiliate currently uses and plans to continue to use data that it collects in an aggregate manner (i.e. that information which is gathered as a group of demographic data, and is not personally or company identifiable).


6. Confidentiality


6.1. Distribution Partner, I-affiliate and Client agree not to disclose any confidential information acquired by executing this agreement, except where necessary to adhere to this agreement or law.

6.2. As confidential information is considered: source codes and documentation for software, trade secrets, know how, customer lists, pricing strategies, marketing and business plans, information concerning a party's vendors, and contemplated plans, strategies and prospects.


6.3. Each party acknowledges and agrees that any confidential information received or obtained from the other party ("discloser") will be the sole and exclusive property of the other party and may not be used, disseminated or disclosed except as may be necessary to perform the obligations required under this Agreement or as may be required by law.

6.4. If disclosure is required by law, the party required to disclose Confidential Information (“disclosee”) will reasonably cooperate with the other party (at the other party’s request and expense) so that the other party may preserve the confidentiality of the Confidential Information to the extent reasonably possible.

6.5. Distribution Partner agrees that it will not sell or contract to sell, the same or similar advertising offer as contained in each Insertion Order, for or on behalf of the Advertiser during the term of each Insertion Order and for a period of six (6) months after the termination or expiration of this agreement.


7. Liability


7.1. All of Your warranties, indemnities and obligations will extend beyond the end of this agreement as far as applicable to the situation.

7.2. Should we receive a complaint regarding bulk unsolicited e-mails or any other unlawful conduct, we reserve the right to cooperate in any legal investigation including disclosure of your account information.

7.3. In case of any illegal activities performed you can be held liable directly by the advertiser you promoted in a possible illegal way.

7.4. I-AFFILIATE MAKES NO REPRESENTATIONS OR EXPRESS/IMPLIED WARRANTIES WITH RESPECT TO THE I-AFFILIATE SYSTEM OR ANY COMPANY SERVICES. THE SAME ACCOUNTS FOR ITEMS THAT ARE SOLD VIA THE I-AFFILIATE PLATFORM (INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR ANY IMPLIED WARRANTIES ARISING OUT OF A COURSE OF PERFORMANCE, DEALING, OR TRADE USAGE).

7.5. I-AFFILIATE MAKES NO WARRANTY, EXPRESS/IMPLIED, WITH RESPECT TO ANY INFORMATION DELIVERED HEREUNDER (INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR FREEDOM FROM PATENT, TRADEMARK OR COPYRIGHT INFRINGEMENTS, WHETHER ARISING BY LAW, CUSTOM OR CONDUCT) OR AS TO THE ACCURACY OR COMPLETENESS OF THE INFORMATION AND WE SHALL NOT HAVE ANY LIABILITY TO AFFILIATE OR ANY THIRD PARTY.

7.6. I-AFFILIATE MAKES NO REPRESENTATION THE OPERATION OF OUR WEBSITE(S) WILL BE UNINTERRUPTED OR ERROR-FREE, AND WE WILL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS OR ERRORS CAUSED BY WHATEVER REASON. THIS CAN BE BUT IS NOT LIMITED TO PERFORMANCE ISSUES, ERROR OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION, TRANSMISSION, COMPUTER VIRUS, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHTHER FOR REACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION.

7.7. AFFILIATE UNDERSTANDS AND AGREES THAT UNDER NO CIRCUMSTANCES I-AFFILIATE, ITS EMPLOYEES, INDEPENDENT CONTRACTORS, AUTHORS, AGENTS, REPRESENTATIVES, ASSIGNS AND SUCCESSORS BE LIABLE TO AFFILIATE, OR ANY OTHER PERSON OR ENTITY, FOR ANY DIRECT OR INDIRECT LOSSES, INJURIES, SPECIAL OR INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, GOODWILL, LOSS OF BUSINESS INFORMATION, OR OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES OR ANY OTHER PECUNIARY LOSS).

7.8. AFFILIATE UNDRSTANDS AND AGREES THAT I-AFFILIATE CANNOT BE HELD LIABLE FOR SITUATIONS ARISING FROM OR IN CONNECTION WITH THE USE OF THE COMPANY’S MATERIALS, OR DUE TO ANY MISTAKES, OMISSIONS, DELAYS, ERRORS, INTERRUPTIONS IN THE TRANSMISSION, OR RECEIPT OF COMPANY’S SERVICES, CONTENT OR COMPANY’S MATERIALS. THESE INCLUDE BUT ARE NOT LIMITED TO ANY LOSSES DUE TO SERVER PROBLEMS, COMPUTER OR OTHER EQUIPMENT FAILURE, OR DUE TO INCORRECT PLACEMENT OF HTML., REGARDLESS WHETHER BASED UPON BREACH OF CONTRACT, NEGLIGENCE OR ANY OTHER CLAIM OR CAUSE OF ACTION, IN THE EVENT OF ANY NETWORK DOWNTIME, COMPUTER OR TECHNICAL ERROR WE WILL NOT BE HELD RESPONSIBLE FOR ANY LOST HITS, SIGNUPS, TRAFFIC OR INCOME.


8. Miscellaneous Provisions.


8.1. i-affiliate may modify any part of this agreement at any time and in its sole discretion. It is You will be informed via e-mail or via the website of these changes and you should delete your account when you disagree with any part of the agreement.

8.2. Affiliate and i-affiliate remain independent entities. This agreement cannot be considered as a form of partnership, joint venture, agency, franchise, sales representative, or employment relationship.

8.3. Affiliate hereby agrees to indemnify, defend and hold harmless i-affiliate, its shareholders, officers, directors, employees, agents, affiliates, successors and assigns, from and against any and all claims, losses, liabilities, damages or expense (including attorneys' fees and costs) of any nature whatsoever incurred or suffered by Us (collectively the "Losses"), insofar as the Losses (or actions in respect thereof) arise out of or are based on:

(a) any claim or threatened claim that Our use of Your trademark(s) infringes on the rights of any third party;
(b) the breach of any promise, covenant, representation or warranty made by You herein; or
(c) or any claim related to Your site(s);
(d) Your performance pursuant to this agreement.
.

8.4. Each party represents and warrants to the other party that:

(1) Parties possess the necessary right and power to enter into this Agreement and to perform its obligations under this Agreement.

(2) Nothing contained in this Agreement or requirement to execute the Agreement party's performance hereunder will cause breach of any other agreement to which it is bound or violate any applicable law, including obscenity, privacy and defamation laws.

8.5. The rights and obligations of the parties under this Agreement will be governed by and construed under the laws of Belgium without reference to conflict of laws principles.

In the event of litigation or appeals thereof, the prevailing party will recover its legal fees and expenses. Any conflicts of law resulting from this agreement, including breach, will be resolved before the Commercial Court in Brussels, unless otherwise agreed between relevant parties.

8.6. Neither party will be held liable for not being able to adhere to this agreement by reason of any act of God, fire, natural disaster, accident, riots, acts of government, shortage of materials or supplies, or any other cause beyond the reasonable control of such party, on the condition that the relevant parties are notified within 72 hours after occurrence.

8.7. The failure of either party to insist upon or enforce strict performance by the other or to exercise any right under this Agreement will not be construed as a waiver or relinquishment to any extent of such party’s right to assert or rely upon any such provision or right in that or any other instance, and the same will be and remain in full force and effect. No change, amendment or modification of any provision of this Agreement will be valid unless in writing signed by both parties.

8.8 This Agreement sets forth the entire agreement and understanding of the parties relating to the subject matter hereof, and merges all prior discussions and writings between them with respect to the contents of this Agreement.

8.9 If any provision (or part thereof) of this Agreement is determined to be invalid, illegal, or otherwise unenforceable, such provision will be enforced as nearly as possible in accordance with the stated intention of the parties, while the remainder of this Agreement will remain in full force and effect and bind the parties according to its terms.
 

Contact Info

Affiliate Marketing Blog