BrandsGateway’s Affiliate Program Terms
Updated on: 1st of May 2021
By signing up to be an Affiliate in BrandsGateway’s Affiliate Program you are agreeing to be bound by the following terms.
These BrandsGateway Affiliate Program Terms (“Agreement”) constitute a legal agreement between Gateway Holdings OÜ, a corporation organized under the laws of the Republic of Estonia, with VAT ID: EE101980032 (“BrandsGateway” “BransdGateway.com” “we” or “us”) and you (“Affiliate” or “you”). This Agreement shall govern the relationship between Your Website and marketing activities and the BrandsGateway Website.
Please make sure you fully understand the contents of the Agreement. If you have any doubts about any of your rights and obligations resulting from your acceptance of the Agreement, please consult us or obtain legal support.
IF YOU DO NOT AGREE WITH ANY PROVISION OF THIS AGREEMENT, YOU MAY NOT CONTINUE WITH THE SIGNUP PROCESS OR FURTHER PARTICIPATE IN THE BrandsGateway AFFILIATE PROGRAM.
1.1. “Affiliate” or “you” means any person or legal entity, which completed the signup process on the BrandsGateway Website and became the participant of BrandsGateway Affiliate Program.
“BrandsGateway Affiliate Program” is a revenue-sharing program, developed by BrandsGateway that allows you, the Affiliate, to use marketing methods to promote our services and drive traffic to the BrandsGateway Website, pursuant to the provisions of this Agreement.
“BrandsGateway Website” means www.BrandsGateway.com.
“Commission” means the monetary compensation you receive, according to the Section 5 hereof, for participating in BrandsGateway Affiliate Program; the Commission consists of percent of your total sale amount. The sale occurs when an End User visits BrandsGateway Website through a Reference Link and makes a payment for BrandsGateway Subscription or otherwise as described herein.
“Commission Payment” referrs to payment systems, through which you can receive your Commission. You may receive your commission through PayPal. The minimum threshold for PayPal payments is €750 EUR. Payments are processed only on the 15th of each month; provided that if the payment date falls on a day that is not a business day (in BrandsGateway’s sole discretion), payment will be made on the first business day thereafter.
“Cookie life period” unless otherwise stated herein, means 1 (one) year from the date of End User’s first arrival on the BrandsGateway Website through Affiliate’s Reference Link according to this Agreement.
“End User” means the authorized actual user of the BrandsGateway Service, who registers for a paid account on the BrandsGateway Website.
“Net Revenue” means the initial BrandsGateway Subscription fee, any renewal fees, and any upgrade or downgrade fees that are actually paid to BrandsGateway by an End User for the BrandsGateway Service on the BrandsGateway Website. Net Revenue shall: (i) be calculated net of any discounts, taxes payable; (ii) be calculated including any subsequent refunds to End User.
“Reference Link” means a link that leads to BrandsGateway Website and contains your reference ID. You will receive your reference ID only after becoming the participant of BrandsGateway Affiliate Program.
“BrandsGateway Service” means the access to the online marketing platform, applications, and tools, that the users view or subscribe for, that are developed, maintained, operated by us, accessible via BrandsGateway Website.
“BrandsGateway Subscription” means the subscription for the BrandsGateway Service specified on the BrandsGateway Website.
“BrandsGateway Website” means www.BrandsGateway.com.
“Third Party” means any individual or legal entity, other than the party to this Agreement.
“Your Account” means your account on the BrandsGateway Website, where your information is stored and where you can track your affiliate activity, including payment information.
“Your Website” or “Affiliate Website” means the world wide web site that you state during the signup to BrandsGateway Affiliate Program, which is owned or operated by you.
- AFFILIATE RIGHTS.
2.1. We grant you, subject to the limitations set forth below, a limited, non-exclusive, non-assignable, non-sublicensable, non-transferable, revocable right to: (i) demonstrate and promote the BrandsGateway Service to your prospects and customers, and (ii) to provide End Users access to use the BrandsGateway Service, in accordance with this Agreement and BrandsGateway terms and conditions, specified on the BrandsGateway Website, provided that End Users agreed to BrandsGateway terms and conditions, specified on the BrandsGateway Website.
2.2. You may place banners or Reference Links within your newsletters, on Your Website, or within another web-related content.
2.3. You can reach us by sending an email to [email protected].
- AFFILIATE OBLIGATIONS.
3.1. You must provide your full legal name, a valid email address, a valid domain name of Your Website and all other information requested in order to complete the signup process on the BrandsGateway Website. All information you provide in your profile must be truthful. You are solely responsible for all the information you provide in Your Account profile and on Your Website.
3.2. As an Affiliate, you can only have 1 (one) account. You can list multiple domains in 1 (one) account, but only 1 (one) account is allowed.
3.3. You will be solely responsible for the development, operation, and maintenance of Your Website and for all materials that appear on Your Website. You should ensure that materials posted on Your Website do not violate or infringe the rights of any Third Party (including, for example, copyrights, trademarks, privacy, or other personal or proprietary rights). You will be solely responsible for the accuracy, truthfulness, and appropriateness of materials posted on Your Website. We do not endorse or accept any responsibility for any links that lead from Your Website to any other website apart from the BrandsGateway Website and for any content that can be found by following these links to Third-Party websites.
3.4. Affiliate warrants and guarantees on behalf of itself and its affiliates, subsidiaries, agents and subcontractors: (i) that all personal data, contained in the Leads (if any) or any other data or material, provided to BrandsGateway according to this Agreement, were collected in accordance with all applicable laws, including but not limited to, applicable data protection laws; (ii) that the Affiliate is fully allowed to transfer personal data to BrandsGateway and that the Affiliate received all necessary permissions so that BrandsGateway could store and process such personal data, use it in marketing purposes and for offering its services.
- PROHIBITED USES.
4.1. You may not use the BrandsGateway Affiliate Program for any illegal or unauthorized purpose. While using the BrandsGateway Service and/or participating in the BrandsGateway Affiliate Program, you must not violate any laws in your area/state/country.
4.2. You cannot promote BrandsGateway and/or BrandsGateway on any gambling websites, websites with adult/hate/violent/defamatory content or any other content that is considered offensive or inappropriate, and any websites that violate third-party rights and/or violate any applicable laws. BrandsGateway may or may not review all content on Your Website(s) or used by you in your promotional methods. BrandsGateway may require and you agree to provide us the information regarding traffic sources, promotional channels, and your promotional methods with regard to BrandsGateway Service. If your sources, channels, or methods with regard to BrandsGateway Service would be considered inappropriate or inconsistent with the terms of this Agreement, at BrandsGateway sole discretion, your account could be suspended, your use privileges could be revoked and Commissions could be canceled.
4.3. Affiliates may not share their Commission, received through BrandsGateway Affiliate Program, with End Users. Commission cannot be split in any way between you, your employees, and any other Third Party, including End Users.
4.4. You cannot use and/or mention in any way: (i) the BrandsGateway or BrandsGateway brand names as a keyword in your advertising campaigns across any search engines, including any misspellings in the brand name; (ii) the BrandsGateway or BrandsGateway brand names in the domain name of Your Website, including any misspellings of the brand name; (iii) brand names, trademarks, of other companies as a keyword in your advertising campaigns across any search engines, including any misspellings in the brand name, trademark.
4.5. You may not modify the trademarks, banners, the content, or any of the images provided to you in any way, without our prior written consent.
4.6. Fraud is a serious offense and will be treated as such. Fraud is defined as any action that intentionally attempts to create sales, leads, or click-throughs using robots, frames, iframes, scripts, or manually “refreshing” of pages, for the sole purpose of creating Commissions. ANY ATTEMPTED FRAUD OR FRAUD OR ANY HARMFUL ACTION WILL RESULT IN ACCOUNT CANCELATION AND VOIDED COMMISSIONS. Affiliate has to provide all the documents requested by us within 30 (thirty) days in case we notice any potentially fraudulent activities associated with Your Account or coming through your Reference Links. Otherwise, Your Account will be blocked and the Commissions will be canceled.
4.7. You cannot SPAM. We will terminate Your Account on the first offense of spamming. Do not send emails to lists or groups that you do not have permission to send them to. We have the right to deactivate or delete Your Account on the first offense referring to this section.
4.8. You will not receive Commissions for self-referrals and for Affiliates, who violate our BrandsGateway Affiliate Program Terms.
5. COMMISSION PAYMENT.
5.1. To be eligible to earn a Commission, the End User must purchase BrandsGateway Subscription within the stated Cookie life period of coming to BrandsGateway Website through the Reference Link from Your Website, email, or other communications. If a sale occurs after the Cookie life period expires and the End User has not returned through the Reference Link and purchased the BrandsGateway Subscription, then no Commission shall occur.
5.2. For avoidance of doubt, Commissions shall be paid only for purchases of brand new referrals, that occur after the End User clicked on your particular Reference Link(s) containing your reference ID, directly from the BrandsGateway Website. In other words, to be eligible for a Commission, the End User you referred shall be a new user for BrandsGateway, shall use your Reference Link to register and subsequently purchase an account and shall purchase BrandsGateway Subscription directly from BrandsGateway Website: both monthly and annual.
5.3. Your Commission is equal to 15% (fifteen percent) of the total sale amount unless otherwise stated herein. Commission Payments via PayPal are processed once a month: on the 15th day of each month which cover the sales accrued between the 1st and 31st day of the previous month. Please note the applicable payment thresholds described in Section 1 herein. We also draw your attention to the fact that the money credited to Your Account does not accrue interest. Commissions are only earned on paid accounts on the BrandsGateway Website. If the End User asks for a refund between the 1st and 31st day of the previous month, no Commission will accrue. Commission structure is subject to change at our discretion.
5.4. Commissions earned through fraudulent, illegal, or overly aggressive, questionable sales or marketing methods will be voided. Fraudulent activities will also result in immediate account cancelation.
5.5. All statistics are collected and calculated by BrandsGateway, and will be the only valid statistics used for determining Commission.
5.6. Сhargeback fee will be deducted from your earned Commission.
5.7. Affiliates must withdraw the Commission within 1 (one) year since it was accrued. After the expiration of this 1 (one) year period, BrandsGateway has the right to write off the unclaimed Commission.
5.8. From time to time BrandsGateway may change BrandsGateway Subscription prices, therefore these changes may affect both the Commission you will earn and the truthfulness of the information you will provide. We cannot guarantee the availability of BrandsGateway Subscriptions at the prices that you list on Your Website, if they are outdated.
- RECURRING COMMISSIONS AND COOKIE DURATION.
6.1. Unless otherwise stated herein, when the End User with your reference ID recorded in the BrandsGateway cookie registers an account with BrandsGateway, you will receive a Commission for as long as the End User maintains the BrandsGateway paid Subscription on the BrandsGateway Website or until terminated by either party in accordance with these BrandsGateway Affiliate Program Terms, provided that you remain eligible to receive a Commission pursuant to BrandsGateway Affiliate Program Terms. If at any time the End User account is cancelled, suspended, or refunded, you will become ineligible to receive Commission on any future fees collected from that End User.
- TERM AND TERMINATION.
7.1. This Agreement starts upon Your Account confirmation through the confirmation link in the email you receive during the signup process on BrandsGateway Website and continues until terminated by either party in accordance with these BrandsGateway Affiliate Program Terms.
7.2. Either party may terminate this Agreement at any time in its sole discretion with written notice to the other at least 30 days prior to the termination date.
7.3. Notwithstanding the above, BrandsGateway reserves the right to terminate any User account for abusive or fraudulent activity, for failure to comply with this Agreement, or for any other reason in its sole discretion.
7.4. Termination of this Agreement will result in the deactivation or deletion of Your Account or your access to Your Account, and the forfeiture and relinquishment of all potential or to-be-paid Commissions in Your Account if they were earned through fraudulent, illegal, or overly aggressive, questionable sales or marketing methods. Upon termination of this Agreement, all rights of the Affiliate specified in this Agreement shall terminate immediately.
7.5. Upon any termination of this Agreement for any reason, all provisions regarding indemnification, warranty, liability and limits thereon, and confidentiality and protection of proprietary rights and trade secrets, and any provisions which expressly or by their nature are required to survive such termination in order to achieve their purpose shall so survive until it shall no longer be necessary for them to survive in order to achieve their purpose.
8.1. The Affiliate is not permitted to use any of the content of any websites owned and/or operated by BrandsGateway without written consent of BrandsGateway and the Affiliate shall not frame any pages or parts of any pages of BrandsGateway Website or any other website nor will the Affiliate create the impression that the Affiliate Website is BrandsGateway Website or any part of BrandsGateway Website. The Affiliate agrees not to make any representations and/or give any warranties and/or guarantees relating to BrandsGateway Service and/or their efficacy other than those given by BrandsGateway and/or as otherwise approved by us in writing.
9.1. You agree to defend, indemnify and hold harmless BrandsGateway and its officers, directors, employees, and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (a) your use of and access to BrandsGateway Website and participation in BrandsGatewayAffiliate Program; (b) your violation of any term of this Agreement or applicable law; or (c) your violation of any Third Party right, including without limitation any copyright, property, or privacy right. This defense and indemnification obligation will survive the termination of this Agreement and your use of BrandsGateway Website and participation in the BrandsGateway Affiliate Program.
10.1. Each party represents and warrants to the other party as to itself that the person executing this Agreement is authorized to do so on such party’s behalf. IF YOU ARE AN INDIVIDUAL, YOU REPRESENT AND WARRANT THAT YOU WERE AT LEAST 18 YEARS OF AGE ON THE EFFECTIVE DATE OF THIS AGREEMENT. If you are under 18, please do not attempt to participate in BrandsGateway Affiliate Program or send any information about yourself to us, including your name, address, telephone number, or email address. If we learn that we have collected personal information from anyone under age 18 without verification of parental consent, we will delete that information as quickly as possible.
- NON-INFRINGEMENT WARRANTIES.
11.1. You represent and warrant that: (i) you have all appropriate authority to operate, and to post any and all content on Your Website(s); (ii) you have all appropriate rights to promote with any promotional method you may choose to use; (iii) Your Website(s) and your promotional methods do not and will not infringe a Third Party’s or BrandsGateway’s proprietary rights; and (iv) you shall remain solely responsible for any and all Your Website(s) and all of your promotional methods and/or campaigns and any consequences resulting therefrom.
- DISCLAIMER OF WARRANTIES.
12.1. EXCEPT WHERE PROHIBITED BY LAW, BrandsGateway AFFILIATE PROGRAM AND BrandsGateway WEBSITE ARE PROVIDED “AS-IS” AND “AS AVAILABLE” AND WE EXPRESSLY DISCLAIM ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. WE MAKE NO WARRANTY THAT THE BrandsGateway AFFILIATE PROGRAM OR THE BrandsGateway WEBSITE (A) WILL MEET YOUR REQUIREMENTS AND/OR EXPECTATIONS; (B) WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; OR (C) WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE. WE FURTHER MAKE NO WARRANTIES OR REPRESENTATIONS REGARDING THE ACCURACY OR COMPLETENESS OF THE CONTENT ON ANY SITES LINKED TO ON THE BrandsGateway WEBSITE.
- LIMITATION OF LIABILITIES.
13.1. In no event shall BrandsGateway, its officers, directors, employees, or agents, be liable to you or to any Third Party for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever arising from or related to either this Agreement, or use of BrandsGateway Website or participation in BrandsGateway Affiliate Program.
13.2. The Affiliate accepts that the operation of the BrandsGateway Affiliate Program, Reference Links, or BrandsGateway Website may not be completely free of interruption, errors, or omissions and BrandsGateway is not liable for the consequences of any interruptions or errors in the performance or content of the BrandsGateway Website or Reference Links.
13.3. BrandsGateway does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by the Third Party through BrandsGateway Website, hyperlinked website or Reference Links or featured in any banner or other advertising, and BrandsGateway will not be a party to or in any way be responsible for monitoring any transaction between you and Third Party providers of products or services.
13.4. We make no representations that BrandsGateway Affiliate Program or BrandsGateway Website are appropriate or available for use in all locations. Those who access or use BrandsGateway Website or participate in BrandsGateway Affiliate Program from jurisdictions prohibiting such use, do so at their own volition and are responsible for compliance with local law.
13.5. We reserve the right to use Third-Party service providers in the provisions of all or part of the Agreement including, but not limited to, hosting providers, payment processing services, information and communication services, analytics services, internet advertising platforms, advertising service providers, and platforms. Where any of the aforementioned services are provided by third parties, the Affiliate may be subject to such Third Party’s terms and conditions. We accept no responsibility for services provided by any Third Party.
- CONTACT INFORMATION
14.1. Tel.: +46 (0) 73-7711-698
Mail: [email protected]