Affiliate Program Agreement
updated on March 11 2022
This Affiliate Agreement (the "Agreement") contains the complete terms and conditions between us, FIOBOC (the "Company") and you (the "Affiliate"), regarding your application to and participation in, Fioboc Affiliate Program (the "Program") as an affiliate of Company, and the establishment of links from your website to our website, https://fioboc.com/
BY USING THE WEBSITE AND BY JOINING OUR AFFILIATE PROGRAM, YOU ARE CONFIRMING THAT YOU HAVE READ THIS AGREEMENT AND THE COMPANY’S TERMS AND CONDITIONS AND THAT YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.
'Affiliate' - The business, individual, or entity applying to or participating in the Affiliate Program.
'Affiliate Program' or 'Program' - Fioboc Affiliate Program, which allows the website fioboc.com and its subdomain to be referred via a Referral Link.
'Client' - each natural or legal person who has used a link referring to Fioboc.
'Commission' - a percentage of revenue generated during the transaction (transaction commission) by Clients referred by the Affiliates.
'Company' - Fioboc, who operates the affiliate platform. Marketing solution for creating engaging popups, optimizing sites conversions, capturing more leads, etc.
'Calendar Month' - the period from the first day of each month to the last day of the same month.
'Terms and Conditions' or 'Terms' - these Affiliate Program Terms and Conditions which govern the principles of participation in the Program and of using the Program by all persons which participate in it.
'Terms of Services' - Fioboc's Terms of Services. You can read them here: https://fioboc.com/pages/terms-of-service
'Term' shall mean a duration that the contract will be in effect.
'GDPR' - Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation).
'Affiliate' – any natural or legal person who has joined the Program.
'Inappropriate websites' - shall mean websites as those which are dedicated to children, promote pornographic content and violence, are discriminative in terms of race, sex, religion, nationality, sexual orientation or age, or promote activities which are prohibited by law or infringe intellectual property rights.
'Referral Link' is the URL that allows a company to promote their products or web content.
'Website' - The Fioboc's website – https://fioboc.com/
'Qualified Lead' shall refer to each new Client referred by the Affiliate for the purchase of Company's services from Company.
'Intellectual Property Rights' shall mean copyright rights, trademark rights, patent rights, trade secrets, moral rights, right of publicity, authors' rights, contract and licensing rights, goodwill and all other intellectual property rights as may exist now and/or hereafter come into existence and all renewals and extensions thereof.
2.1 By participating in the Program, Affiliate represent and warrant that:
- You have read all the provisions under these Terms and the Affiliate Agreement.
- All Registration Forms and information submitted to the Company are truthful and accurate.
- You will maintain the accuracy of such information.
- You have full legal capacity to enter into legally binding relations under these Terms.
- Using the Website and participating in the Program under these Terms does not and will not conflict with any applicable legislation, provisions, regulations, licenses, permits applicable to the Affiliate.
- Using the Website and participating in the Program does not and will not constitute any violation and/or non-fulfillment of any agreement or other instruments to which You are a party or the effect of which extends to the Affiliate.
2.2 Affiliate acknowledges and agrees that Affiliate’s account is subject to termination or suspension and Affiliate’s cooperation with Company may be terminated without warning or notice, subject to Company’s sole and exclusive discretion, including without limitations, if Company believes that Affiliate does not comply with the representations and warranties set forth in these Terms.
3.Joining the Program
3.1 Participation in the Program is restricted to natural persons who, at the latest on the date of registration for the Program, are 18 years of age and have full legal capacity, and legal persons. Any person interested in joining the Program who meets the conditions referred to in Section 2 above is required to read and accept the Terms and Conditions.
3.2 Participation in the Program, acceptance of the Terms and Conditions, as well as the provision of personal data is entirely voluntary, however, the Company hereby informs that non-acceptance of the Terms and Conditions rendered participation in the Program impossible. The provision of personal data by the Affiliate is a contractual requirement.
3.3 To join the Program, You hereby agree and accept these Terms by making a statement as follows: "I confirm that I have read and fully accept the Terms and Conditions of the Affiliate Program. I provide my personal data voluntarily and declare that they are correct. I have read the information clause under Article 13 of the GDPR, including the information concerning the purpose and means of processing of personal data."
4. Rights and obligations of the Company
4.1 The Company, is responsible for the organization and operation of the Program.
4.2 The Company provides Affiliate Referral Links to promote the Company’s Service, to enable their active and effective participation in the Program.
4.3 The Company hereby informs that it will not grant any Commission to Affiliates who post incorrect or incomplete information in the Referral Link, and also who acquire Clients in a manner inconsistent with the provisions of law or the Terms and Conditions.
4.5 The Company reserves the right to refuse to create and to close the user account of a Client on the Website if this is necessary due to applicable provisions of law or internal procedures of the Company.
4.6 The Company reserves the right to bar Affiliates whose activities are in breach with the law, the Terms of Services, principles of social coexistence or rules of morality, and also who promote the Website on inappropriate websites from participation in the Program.
4.7 The Company may suspend or terminate the Program at any time.
5. Rights and obligations of the Affiliate
5.1 The Affiliate has the right to actively and effectively promote the Website and the Company to maximize profits for themselves and for the Company.
5.2 When promoting the Website and the Company, the Affiliate is required to use only such measures which do not infringe applicable law, principles of social coexistence, rules of morality, which do not jeopardies the Company’s good name, and which will have a positive effect on the image of the Website and the Company.
5.3 The Affiliate has the right to place Referral Links anywhere on their websites, subject to these Terms.
5.4 Referral Links must not be placed in unsolicited emails (spam), unauthorized posts, chats, or with the use of bots.
5.5 The Affiliate bears all costs arising from the activities addressed to their customers to promote the Website and the Company.
5.6 The Affiliate is not authorized to create, publish or distribute any written material relating to the Website or the Company without first submitting it to the Company and obtaining its authorization.
5.7 The Affiliate is required to fully cooperate with the Company in the use and maintenance of the Referral Links and all other promotion measures provided by the Company.
5.8 By accepting these Terms, the Affiliate consents to:
- using the full URL of the Referral Link or the HTML code for placing on websites and other promotional material available;
- placing Referral Links and other promotional material in appropriate, visible sections on their websites.
5.9 The Affiliate:
- must not modify or delete any part of the code, Referral Link or other promotional material;
- is required to update the Referral Links and any other promotional material as modified by the Company.
6. Commission and Payment
6.1 The Commission received per Calendar Month is 15% of the net income generated by each of the Clients referred by the Affiliate.
6.2 The Commission is credited to the Affiliate’s account in the currency in which the commission on the Client's transaction is charged.
6.3 The Company will pay the Commission due by Paypal or transfer to the bank account of the Affiliate they have provided on the Website. Payment of the Commission due will be made in the currency in which the Commission is granted, in accordance with 6.2. of these Terms.
6.4 The Commission may only be paid to an Affiliate who is fully identified and verified, in accordance with the requirements arising from applicable law.
6.6 Affiliates will be paid when their balance account accumulates minimum $100.
6.7 An Affiliate may only have one account in the Program.
6.8 An Affiliate is entitled to a 12 months Commission on all transactions of their referred Client registered on the Website as long as they remain an Affiliate.
6.9 If the account of the Client referred by an Affiliate is blocked and the Company is required to return the funds deposited on it, the Company will not be obliged to pay Commission to the Affiliate on the revenue generated by the blocked Client.
6.10 In the case of an investigation carried out by the Company or relevant authorities against the Client, the Company has the right to withhold payment of any applicable Commission on revenue generated by the Client until such time as this proceeding is concluded.
7. Intellectual Property Rights
7.1 Company shall exclusively own all right, title and interest to all Company’s content and intellectual property, including without limitations, the "Fioboc" Brand, the Website, the Affiliate Program, the Referral Links, list of clients including the list of the Qualified Leads, promotion material, graphics, methods, "know-how", transactions executed on the Website, list of suppliers and any data and content which may be disclosed to the Affiliate under the Terms (the "Intellectual Property").
7.2 Company hereby grants the Affiliate a limited, non-exclusive, non-transferable, revocable license to use and display the Links, and any promotional material provided by the Company on Affiliate Website in accordance with the provisions of these Terms, and exclusively during the Term. Upon termination of Affiliate participation in the Program, the Affiliate shall cease making use of any content, data or information provided to the Affiliate by the Company.
7.3 It is hereby clarified that in no circumstances the Affiliate will be eligible to use sponsored ads using the Company's Intellectual Property without receiving the Company's written consent in advance.
7.4 The provision of this section shall survive any termination of the business interaction between the Affiliate and the Company under these Terms, regardless of the cause of Termination.
8.1 The principles of processing of personal data used by the Company are set out in these Terms and in the "GDPR" clause which is enclosed with these Terms and forms their integral part.
8.2 The Controller of personal data of Affiliate is the Company, Fioboc with its registered office in China. The Controller processes the personal data of the Users for the purposes for which they have been originally collected. If the original purpose of the processing of personal data for which the data were collected has changed, the Controller is required to notify the user before proceeding with further processing, in accordance with Article 13(3) of the Regulation and, where necessary, obtain the User's consent to the processing of personal data referred to in Article 6(1)(a) of the Regulation.
8.3 The Controller is responsible for protecting the personal data of the Website’s Users.
9.1 An Affiliate may be entrusted with confidential data related to the activity of the Company, as well as with personal data of the Clients acquired by the given Affiliate. The Company authorizes the Affiliate to process personal data of the Clients such as registration date, username and value of the commission collected from the Client in a transaction on the Website only to the extent necessary for the performance of the agreement concluded for participation in this Affiliate Program. Authorization to process personal data of the Clients expires as soon as the Affiliate opts out from the Program, and in the event of termination of cooperation between the Parties. 9.2 The Company's confidential data should be understood as any information which constitutes the Company's business secret, in particular commercial information relating to business activity pursued by the Company, any data on the Clients of the Website, including information on username, registration and amount of earnings, as well as technical, technological and organizational information concerning the Company’s enterprise, and other information related to the Website and the Company made available to the Affiliate in connection with participation in the Program (hereinafter in this section referred to as Confidential Data).
9.3 Affiliate undertakes to maintain the secrecy of Confidential Data, i.e. they will not record it on any media, or reproduce, distribute, transfer, disclose or make it available in any form to any third parties or persons without the prior written express consent of the Company.
9.4 Affiliate undertakes to use Confidential Data solely for activities associated with participation in the Program.
9.5 Affiliates are required to store all Confidential Data in such a way as to provide complete protection against its loss, distribution, unauthorized access or disclosure to third parties or persons, and in the case of its disclosure, distribution, reproduction, unauthorized access, they are required to notify the Company to this effect immediately.
9.6 By joining this Program, the Affiliate declares that they have been informed of the criminal liability under 5741-1982 Protection of Privacy Law and of the possible financial penalties which may be imposed on the controller under Article 83 of the GDPR. Notwithstanding the liability provided for in these provisions, the Company reserves that any breach of the personal data protection rules applied by the Company may be considered a breach of fundamental contractual obligations and constitute cause for an immediate termination of participation in this Affiliate Program.
9.7 The Company may charge the Affiliate with a penalty of $200 (two hundred US dollars ) for each breach of the obligation to maintain the secrecy of Confidential Data. The total amount of contractual penalties for a breach of the obligation to maintain the secrecy of Confidential Data may not exceed $10,000 (ten thousand US dollars).
9.8 The obligation to maintain the secrecy of the Confidential Data referred to in this section shall be binding on the Affiliate for an unlimited period of time, in particular it shall not expire as a result of the Affiliate’s opting out from the Program, and the Affiliate may not be released from this obligation except as expressly provided for in these Terms.
10.Relationship between the parties
10.1 The Company and Affiliate are independent entities, and nothing in these Terms serve to establish a relationship of partnership, franchise, agency or employment between them.
10.2 The Affiliate shall in no event be entitled to make or accept any proposals, offers or declarations of will on behalf of the Company.
11.1 The Company makes no express or implied guarantees with respect to the Program.
11.2 The entire Program operates over the Internet, so the Affiliate shall be solely responsible for ensuring seamless and uninterrupted access to the Internet for the purpose of participating in the Program, and the Company shall bear no liability for consequences of any interrupted access to the Internet or defects attributable to the Internet provider.
11.3 The Company shall not be liable for errors in the transmission of data, in particular due to the failure of ICT systems, telecommunications systems, power supply systems and delays in the functioning of the external data transmission operator.
11.4 The Company shall not be liable for unavailability of the Program for reasons beyond the Company’s control.
11.5 For security reasons, and for any other reason beyond the Company's control, the Company may block or temporarily suspend access to the Program for the period necessary to remove the risks or irregularities which have occurred.
11.6 The Company undertakes to notify Affiliates of any planned technical break which may prevent access to the Program.
11.7 Subject to any limitations under mandatory rules of law, the Company shall not be liable for any damage related to the Affiliate's inability to use the Program resulting from improper functioning, errors, deficiencies, interruptions, defects, delays in data transmission, computer viruses, or failure of the IT system through which the Program runs.
12.1 The applicable law for all services provided by the Company to the Affiliates in the framework of the Program through the Website shall be the law of the China.
12.2 Any disputes related to the services provided by the Company in the framework of the Program shall be settled by competent common courts.
13.1 Any Affiliate may withdraw from the Program at any time.
13.2 To withdraw from the Program, the Affiliate must send an email to: email@example.com with a declaration of will to opt out from the Program.
13.3 The Company may deprive the Affiliate of the right to participate in the Program, at any time and without prior notice, if the Affiliate has not been active in the Program, i.e. has not acquired any new Client for a period of at least 2 years, by sending them a notification to this effect to the email they have provided on the Website.
13.4 The Company may temporarily suspend the participation of the Affiliate in the Program in the event of a legitimate suspicion of a violation of law, these Terms, the rights of the Company or the rights of third parties, or principles of social coexistence or rules of morality, until such time as it has been clarified whether the violation has actually occurred.
13.5 The Company may deprive the Affiliate of the right to participate in the Program without prior notice if the Affiliate violates the law, principles of social coexistence, any of these Terms or jeopardizes the good name of the Company, by sending them a notification to this effect to the email they have provided on the Website.
13.6 As soon as the Affiliate opts out of the Program or is deprived of the right to participate in the Program, all rights and authorizations granted to the Affiliate under these shall become null and void, and the Affiliate shall immediately remove all Referral Links of the Company.
13.7 As soon as the Affiliate opts out of the Program or is deprived of the right to participate in the Program, the Affiliate shall be entitled only to the unpaid Commissions prior to the termination of participation in the Program, and they shall not be entitled to any Commissions after the termination of participation in the Program.
13.8 The Company may temporarily suspend payments to ensure that the Affiliate is paid the amount due.
13.9 If the Company permits further activity on the Website of the Clients referred by the Affiliate whose participation has terminated, this shall not mean that participation in the Program is resumed.
13.10 Termination of participation in the Program shall not release the Affiliate from the liability for any violation of these Terms prior to such termination.
13.11 Your affiliate status in the Program may be suspended or terminated for any of the following reasons:
13.11.1 Inappropriate advertisements (false claims, misleading hyperlinks, etc.).
13.11.2 Spamming (mass email, mass newsgroup posting, etc.).
13.11.3 Advertising on sites containing or promoting illegal activities.
13.11.4 Fioboc of intellectual property rights. Fioboc reserves the right to require license agreements from those who employ trademarks of Fiooboc in order to protect our intellectual property rights.
13.11.5 Offering rebates, coupons, or other form of promised kick-backs from your affiliate commission as an incentive.
13.11.6 Self-referrals, fraudulent transactions, suspected Affiliate fraud.
14.1 If the Affiliate believes that the services rendered by the Company in the framework of the Program have not been performed in accordance with these Terms, they may submit objections as set forth in this section.
14.2 Any objections shall be made in the form of a complaint which may be submitted electronically by sending it to: firstname.lastname@example.org
14.3 The complaint should contain:
- the name (login) used by the Affiliate on the Website
- the objections and circumstances that provide grounds for the complaint
- the suggested resolution of the complaint
14.4 Complaints shall be processed in the order of their receipt, but no later than within 14 (fourteen) days. If the complaint does not contain the information necessary for its processing, the Company shall request the Affiliate to supplement it as necessary, and in this case the time limit of 14 (fourteen) days will start on the date of delivery of the corrected complaint. In justified cases, the Company may extend the time limit for processing of the complaint by an additional 14 (fourteen) days, which will be notified to the person submitting the complaint. In the case of third party services, the time to process a complaint may be extended by the time anticipated for the given party to process this complaint, about which the Affiliate will be notified along with the indication of details of the party providing the service.
14.5 The person submitting the complaint will be notified about the outcome of the complaint procedure in the same way as it was submitted.
14.6 The Affiliate may appeal against the Company’s decision concerning the complaint by writing to the Company’s registered address or by electronic mail at: email@example.com. The provisions of Sections 2, 3, 4 and 5 shall apply mutatis mutandis to the appeal.
15.Amendments to these Terms
15.1 The Company may amend this Terms and Conditions at any time, and such amendments shall take effect within the period indicated by the Company, with the stipulation that the effective date of the amendments may not be less than 7 days from the date on which the amended Terms and Conditions are made available to the Affiliates.
15.2 Any amendment to the Terms and Conditions shall be notified to each Affiliate by email sent to the email address they provided on the Website.
15.3 Failure to accept amendments to these Terms and Conditions shall entail termination of participation in the Program.
15.4 If the Affiliate does not accept amendments to the Terms and Conditions, they should - in order to terminate their participation in the Program - notify the Company to this effect, in writing or by email to: firstname.lastname@example.org within 7 days from the date of receipt of the email with notification of amendments to the Terms and Conditions.
15.5 Failure to provide the notification referred to in paragraph 4 above within the specified time limit shall mean that the Affiliate accepts the amendments made.