Terms for publishers

This Publisher Membership Agreement will govern your participation on the Network. By clicking the “Accept” or similar acceptance box in any other language, you agree that the effective date of this Agreement is the date on which you click “Accept”. To print a copy of this Agreement, please use your browsers print command.

PLEASE BE ADVISED THAT YOU SHOULD NOT CLICK AND ACCEPT THIS AGREEMENT ON BEHALF OF AN ENTITY UNLESS YOU HAVE BEEN AUTHORIZED TO BIND THAT ENTITY TO THE TERMS OF THIS AGREEMENT.

The participants of the Affiliate Network are Advertisers, Publishers, and Affpool . Affpool manages the Affiliate Network at www.affpool.com and provides the Publishers with the opportunity to work with Affiliate Programs of the Advertisers of the Affpool Affiliate Network. To participate in the Affpool Affiliate Network, the Publisher agrees to unconditionally abide by these Terms. Advertisers are the persons who define the terms of Affiliate Programs and provide opportunities for advertising their goods and services through various advertising media and the provision of Ad Creatives. The Advertisers provide Ad Creatives such as graphic banners, text links and other types of Ad Creatives. Publishers are the persons placing Ad Creatives at their declared ad Space.

1. General provisions

1.1. To participate in the Affiliate Network, the Publisher submits a registration form on the registration page of the www.affpool.com domain. 1.2. Registration is available to persons who have reached the age of 18. 1.3. By submitting the registration form, the Publisher is acknowledging these terms and is also agreeing to the terms of Affpool Privacy Policy which can be found at https://www.affpool.com/privacy/. Thus, the Publisher is accepting the Agreement (offer) on his/her participation in the Affpool Affiliate Network. 1.4. If these terms are met, the Publisher receives a confirmation letter to the e-mail address specified by him/her upon registration. Further, the participant must complete the registration process in order to be able to work in the Affiliate Network. 1.5. Affpool reserves the right to deny the Publisher to participate in the Affiliate Network with no reasons given. 1.6. After completion of the registration process and activation of the account, the Publisher may use the services of the Affiliate Network. The Publisher may change the data provided upon registration in his/her personal account. The exception is his/her login. 1.7. These Terms shall prevail over any terms provided by the Publishers.

2. The subject of the Agreement

2.1. Affpool GmbH (hereinafter Affpool) provides for use and operates an Affiliate Network on the www.affpool.com domain. The participants of the Affiliate Network are Advertisers, Publishers, and Affpool. Publishers are individuals or legal entities that provide space for advertisements on their Ad Spaces. The Advertisers are legal entities that provide (having the relevant right) the opportunity to advertise products and/or services with the help of the Affpool Affiliate Network through so-called Affiliate Programs using Ad Creatives. 2.2. Publishers shall place the Advertiser's Ad Creatives on their declared Ad Spaces. When a user arrives at the Advertiser's website through an Ad Creative placed on the Publisher's Ad Space and makes there a Deal that ends with payment, the Publisher's advertisement shall be considered successful and the Publisher shall receive a pre-agreed reward. A “Deal” means an action that gives the Publisher the right to receive the reward. These can be actions such as buying goods, ordering and/or purchasing services, registering, subscribing to newsletters, etc. The essence of the Deal paid in the form of a reward by the Advertiser shall be specifically defined in the description of each program. A combination of several types of Deals is also possible. 2.3. When entering into this Agreement, the Participants are notified and agreed that Affpool tracks and logs all Deals, and provides the Publisher with the information to that effect, as well as calculate the amount of the rewards. The Advertiser shall make the final decision on whether or not the Deal actually took place. 2.4. Affpool Affiliate Network constantly develops and improves its services. In this connection, Affpool reserves the right to fully or partly stop the provision of one of the services, if it is necessary for the performance of maintenance works, improvement of the service functions or change of the service provided. 2.5. Affpool shall have the right to suspend payments to the Publisher in the event of an objective suspicion of violation of these terms, as well as to verify the Publisher's specified data and/or the Publisher's traffic quality.

3. Participation in the Affiliate Network activities

3.1. All Ad Spaces that comply with applicable laws and regulations of this Public Agreement, Privacy Policy and have been approved by Affpool moderators are allowed to participate in the Affiliate Network. 3.2. Ad Spaces under construction are not allowed to participate. It is also forbidden to buy traffic in Active Advertising Systems (CAP, WmMail, Seosprint, etc.), Buxes and similar systems. 3.3. The Publisher shall submit the request for participation in the Affiliate Program, thereby recognizing the possible additional Program Terms of participation therein, that the Advertiser may add to the description of his/her program and which will be displayed to the Publisher. Such Program Terms are considered an addition to the Affpool Terms. The Publisher agrees that the Program Terms can change at any time, and undertakes the responsibility to monitor such changes. By continuing to participate in the Affiliate Program, the Publisher automatically agrees to the Program Terms thereof. 3.4. Only the Advertiser shall make the decision to admit the Publisher to the partnership. The Publisher does not have a legal basis for obtaining such an admission if the opposite decision was made. 3.5. Affpool reserves the right to request data on the traffic source and access the statistics of the Ad Space, while limiting the Publisher's participation in the Affpool network. In this case the Publisher must provide the requested data within 14 days; otherwise, Affpool reserves the right to stop displaying the advertisements on the Publisher's website and/or to take other measures to protect the interests of the Advertisers, whose advertisements are displayed at the Publisher's spaces. 3.6. Affpool shall have the right to request from the Publisher documents and data necessary to confirm the validity of information about the Publisher. By accepting these Terms, the Publisher agrees that s/he will, consciously and with unequivocal consent, provide data to Affpool . The Publisher's refusal to provide data is considered as a refusal to participate in the Affiliate Network. 3.7. Affpool is entitled to unilaterally replace the Publisher's broken affiliate links with working links and, in this case, not to credit rewards to the Publisher. "Broken links" are defined as affiliate links which do not take the user to the Advertiser's website in the manner intended.

4. Rights and liabilities of the Publisher

4.1. The Publisher is obliged to strictly follow these Terms and to ensure that the data provided by him/her to Affpool by any means, including the registration form, are complete and true. If any of these data are changed, the Publisher shall, within 5 days from the date of the change, make the relevant changes thereto in his/her personal account. 4.2. The Publisher undertakes to strictly store his/her data (login and password) for access to the Affpool Affiliate Network and not allow the transfer thereof to third parties. The Publisher is solely responsible for the safety of the login and password. 4.3. The Publisher guarantees that he/she has the necessary rights to conduct marketing activities on the Ad Spaces. He/she shall bear any legal and property liability for what happens on his/her Ad Spaces. 4.4. When using Ad Creatives on the Ad Space, the Publisher undertakes not to violate the rights of the third rightsholders to the trademark, brand, personal rights and other rights without the permission of the rightsholders in accordance with the current legislation. The Publisher agrees not to use on his/her Ad Space the content that violates applicable laws or leads to pages that violate applicable laws. When emailing promotional materials containing the Advertisers' Ad Creatives, the Publisher is prohibited from using spam. To send promotional materials by email the Publisher must obtain the consent of each recipient and provide Affpool with the relevant evidence upon request. 4.5. The Publisher agrees not to take any action that affects the operation of the Affpool Affiliate Network. Such actions include the attempts to technically influence the efficiency of the servers of the Affiliate Network, the attempts to hack the security mechanisms, to use viruses, trojans, and other malicious programs for any purpose. This shall also include brute force attacks, DoS (DDoS) attacks, spam, the use of links and any other processes that may damage the operation of the Affiliate Network. 4.6. The Publisher may have only one account. One account per one individual or one account per one legal entity may be created. If an individual performs official duties on the staff or for a legal entity that has an account in the Affpool Affiliate Network, then it is prohibited for him/her to create a personal account as an individual to perform his/her official duties for the legal entity. 4.7. The Publisher undertakes to thoroughly study and execute the Programs Terms and refer to them during the entire period of placement of the Ad Creatives. The Publisher agrees that if s/he fails to perform this duty, his/her access to the relevant program may be suspended. In case Affpool or the Advertiser suffer losses caused by the publisher’s violation of the Program Terms, the relevant amount will be deducted from the Publisher's account. In the absence of funds on the Publisher's account, the Publisher undertakes to reimburse such losses at the request of Affpool within 10 days. 4.8. The Publisher, at the request of Affpool or the Advertiser, undertakes to check the Traffic Source and provide all requested files, documents, etc., otherwise, the Publisher's access to the relevant Program may be blocked and appropriate sanctions may be applied. 4.9. When creating any Ad Creatives, the Publisher is prohibited to use Ad Creatives and Trademark other than the Trademark and the Ad Creatives that were uploaded by the Advertiser in the Affpool system, unless otherwise specified. In the case the Publisher creates Ad Creatives and distorts Ad Creatives provided by the Advertiser, the Publisher is entirely responsible for placing these Ad Creatives as an owner and distributor in accordance with applicable law and undertakes to independently resolve all arising claims, disputes, including judicial, to settle all other disputable situations, including the situations with state authorities and third parties (Advertisers). 4.10. The Publisher undertakes to update affiliate links in good time and monitor the condition of the links. Links can become broken in the following cases:
  • The Advertiser has suspended their work or no longer works with Affpool .
  • The Publisher left the affiliate program or was disconnected from it.
  • The Publisher's ad space was removed, blocked, or disconnected from the affiliate program.
  • The affiliate program's action limit was exceeded.
  • The ad creative (banner, landing page, coupon) was removed or deactivated.
  • The deeplink created by the Publisher leads to a non-existent page, or the affiliate program does not support the generation of affiliate links using the deeplink feature.
4.11. The Publisher agrees to provide Affpool with any requested documents necessary to confirm the information about the Publisher. 4.12. The Publisher is notified and agreed that Affpool has the right to pay the Publisher a reward only after the Advertiser wires a payment for the provided services to the Affpool settlement account.

5. Affpool Affiliate Network prohibits

5.1. To make Deals by methods or means that violate the current legislation, the Agreement or the Program Terms. 5.2. To simulate Deals by entering knowingly incorrect, non-existent or someone else’s data unbeknownst to their owner when ordering goods or services by any means. 5.3. To use the advertising methods that force the visitor to perform actions by deception, blackmail or any other actions that violate the visitor's freedom of choice. 5.4. To use the data of the Advertiser or a third party protected by a registered trademark, copyright, other legally registered rights of the holder, for purposes other than the purposes of this Agreement. In the case of using the Advertiser's trademarks and ad creatives for purposes other than those specified in this Agreement, the Publisher is fully responsible for such placements in accordance with applicable law and undertakes to independently resolve all arising claims, disputes, including judicial ones, to settle all other disputable situations, including with state authorities and third parties (Advertisers). 5.5. To use promotional materials, including a brand of one Advertiser to promote the site of another Advertiser. 5.6. To use any technology and types of cookie stuffing (cookie dropping). It is prohibited to use scripts that set in the user’s browser cookies of the websites that the user did not visit. It is prohibited to rearrange, substitute or overwrite the user's cookies with others that do not belong to the websites that the user visited, as well as substitute cookies using pop-ups, iframe, or by inserting the URL of a third-party page as a picture on an existing website. 5.7. To register and/or use for promotion domains similar to that of the Advertisers' websites. 5.8. To use the registered Ad Space with a specific declared traffic source for attracting a different type of traffic. 5.9. To delete an account with the negative balance and/or publisher’s debt to Affpool . 5.10. To register as a publisher for Affpool employees and employees of all the Affpool -affiliated companies for the duration of the contract period. 5.11. If the violations described above are detected, the Publisher's account is immediately blocked and all earnings earned as the result of these violations are transferred to the Advertiser. The Publisher is notified of the decision by the administration. After the account is blocked, it is impossible to create another one. 5.11.1. For the above violations, the Publisher must pay a fine of €500. If as the result of the Publisher's violations, a third person initiates an administrative or any other lawsuit against Affpool , all the litigation costs and other related costs shall be completely paid by the guilty Publisher.

6. Payment for the Publisher's services

6.1. The Publisher shall receive a reward from Affpool , which directly depends on the success of his/her advertising campaigns. 6.2. In each separate case, the reward amount is determined by the type of paid action and the rate set by the Advertiser for this action that is effective at the time of performing this action. The Advertiser has the right to change the rates, but the new rates do not apply to already performed actions. The Publisher does not have the right to demand a different rate for him/her. The Publisher undertakes to become familiar with the current rates in the interface of the Affpool Affiliate Network. Submitting an application for joining the program indicates the agreement to the current rates. The minimum withdrawal amount should equal or exceed the amount specified under the link depending on the currency of withdrawal. 6.3. Except for the agreed reward, the Publisher is not entitled to reimbursement of costs incurred for the bank transfer, for the use of third-party services or programs that are not provided by the Affpool Affiliate Network, even if these costs are related to his/her advertising activities within the Affpool Affiliate Network. 6.4. The right to receive the reward is exercised only if all the following conditions are fulfilled:
  • The Publisher’s advertising activity led to the Deal between the Advertiser and the visitor;
  • The Deal was registered by tracking means of the Affpool Affiliate Network;
  • The Deal was authorized for calculation by the Advertiser and confirmed by the Affpool Affiliate Network;
  • The relevant Advertiser has paid Affpool for its services under its agreement with the Advertiser;
  • The reward amount equals or exceeds the minimum withdrawal amount;
  • The Publisher did not violate the terms described in clause 5.
6.5. Affpool maintains an internal settlement account for each Publisher that is used for carrying out all accrual and payment operations. 6.6. The interest on the reward amount is not paid regardless of the payment date. 6.7. The Publisher undertakes the full responsibility for provided payment information and confirms that it is true, complete and accurate. All payments will be made with the use of this payment information. Affpool is not obligated to take steps to verify the accuracy of payment information provided by the Publisher. 6.8. The Publisher will immediately repay any amounts paid to the Publisher in error, or other than in accordance with the Publisher’s rights under this Agreement. 6.9. The Publisher is liable to pay any taxes related to their participation in the Affiliate Network or the services provided.

7. Participating in the Referral Program

7.1. A Publisher can invite users not previously registered on Affpool as Publishers to the Affiliate Network in exchange for a reward. Such users are considered the Referrals of the Publisher in question. 7.2. The Publisher receives rewards for the Referral for one year starting the moment the latter registers in the Affiliate Network. After this period expires, no rewards are assigned. 7.3. The Publisher receives a reward for attracting Referrals in the form of a percentage of the revenue to the Affiliate Network generated from the amount withdrawn by the Publisher’s Referrals. 7.4. Referrals are invited to join the Affiliate Network through the Publisher’s referral link, which can be found in the “Affpool Referral Program” section on the Dashboard of the Publisher’s personal account. 7.5. If users invited by the Publisher register using the unique referral link of the Publisher within a year of clicking on it, they become that Publisher’s Referrals. The belonging of a Referral to a given Publisher is determined by the presence of a referral cookie in the user’s browser at the time of registration. If the cookie is not present, the registration is not considered a referral registration. 7.6. The amount of the reward for the current month and the rate (as a percentage) are specified in the “Affpool Referral Program” section on the Dashboard of the Publisher’s personal account. The funds automatically receive the status “Confirmed,” and on the first of every month, the value in the field “Earned (this month)” is zeroed out. 7.7. While taking part in the Referral Program, it is prohibited to:
  • use illegal methods to attract Referrals or any other artificial means of increasing the number of Referrals.
  • send out spam messages or messages pretending to be from Affpool employees by email, over messengers, or by any other means.
  • use automatic redirects, pop-up windows, or any other forms of intrusive advertising: pop-unders, click-unders, toolbars, etc.
  • deceive Referrals or give incorrect information about the Affiliate Network.
  • register accounts belonging to the Publisher using the Publisher’s unique referral link.
  • create clones of Affpool websites or use a similar interface.
  • place paid ads with the referral link in results to search requests in which Affpool brand is mentioned.
7.8. If any item of Point 7.7 is violated, or if the Referral Program is used in bad faith, Affpool retains the right, without providing reasons, to:
  • disable the Publisher’s access to the Referral Program
  • dissociate Referral(s) from the Publisher
  • block the Publisher’s account in the Affiliate Network
  • withhold awarded income from Referral(s) to the Publisher
7.9. Affpool retains the right to verify Publishers’ compliance with Point 7.7 and their proper use of the Referral Program.

8. The term of the Public Agreement and its termination

8.1. This Public Agreement is concluded for an indefinite period of time. 8.2. The Parties may voluntarily terminate the Agreement at any time. 8.3. The Publisher may terminate the Agreement in his/her personal account by clicking the "Delete account" button in the General settings except as specified otherwise in clause 5.9 hereof this Agreement. 8.4. Affpool shall have the right to delete the Publisher's account and data from the system in the following cases:
  • The Publisher has not logged in to his/her account for the last 350 days.
  • The Publisher has not interacted with the Affpool system outside of the web interface (for example, through the API) for the last 350 days.
  • After the expiration of the above-mentioned period, Affpool shall notify the Publisher that in case of inactivity and non-use of the account, Affpool will delete the Publisher's account in 180 days from the date of notification, and the remaining funds will be written off in favor of Affpool . After 180 days from the date of notification and non-receiving the Publisher's feedback, Affpool shall delete the Publisher's account and data, and the remaining funds shall be written off in its favor. The Publisher agrees and is notified that he/she has no right to restore the account or return the funds, after the expiration of the above terms and the deletion of the account.
8.5. In case the Agreement is terminated due to violations of these Terms by the Publisher, s/he shall pay the debt (if any) and the penalty specified in these Terms in accordance with clause 5.11.1.

9. Protection of personal data and Cookies

9.1. Affpool shall store and process only those data that were specified by the publisher in the registration form and in his/her personal account or that were obtained from the Publisher during his/her participation in the Affpool Affiliate Network. 9.2. The Publisher agrees to comply with all laws, rules, policies and confidentiality provisions effective in the regions where the services are provided 9.3. The Publisher undertakes to comply with all laws, including the GDPR and EU privacy laws, and perform the following actions:
  • To inform the end users about the use of tracking devices and cookies for advertising purposes;
  • To receive consents of end users for placing cookies and tracking devices on end-user devices and provide information on the possibility of refusing or deleting cookies, if necessary;
  • To take appropriate technical and organizational measures against accidental loss and damage, as well as illegal processing of personal data.
9.4. The Publisher undertakes not to make any actions that may lead Affpool to a breach of the current Data Regulations Law. 9.5. Affpool and the Publisher undertake to comply with the data protection laws. Depending on the jurisdiction the Publisher may be obliged to inform visitors of his/her website about cookies that are used on the website, including those placed by Affpool (so-called third-party cookies). A Publisher must explain what cookies s/he and/or third-parties set in the user’s browser and for what purposes this information is collected. Also, the Publisher undertakes to obtain a preliminary, freely presented, specific and informed, unambiguous and revocable consent from users before setting any cookies in their browsers. The consent should also apply to the cookies that are set by Affpool after a certain action (click).

10. Confidentiality

10.1. Each party undertakes to use Confidential Information only for the performance of its rights and obligations hereunder. The Parties undertake not to disclose Confidential Information. 10.2. The following information will not be considered confidential:
  • the information which is or subsequently became publicly available without infringement of the Agreement by the Receiving Party;
  • the information which was legally obtained from the Third Party without restriction and without violation of this Agreement, and also without the non-disclosure obligations of the Receiving Party;
  • the information which cannot be attributed to the Confidential Information in accordance with applicable law;
  • the information which is published in the Affpool system when receiving or providing services in accordance with these Terms.
10.3. When deleting the Publisher's account, Affpool shall also delete all personal data of the Publisher, except for the login and the statistics data. 10.4. The provisions of Article 10 are valid for 5 years from the termination of this Agreement.

11. Rights to use information

11.1. The information obtained during the participation in the Affpool Affiliate Network is allowed to be used exclusively with the Affpool Affiliate Network. Transfer thereof to third parties and use for other purposes is prohibited. 11.2. The Affpool Affiliate Network and the components thereof (products and applications) are protected by the current legislation in the field of copyright and related rights. 11.3. Affpool provides the Publishers with temporary, non-exclusive right to use the provided services and applications and the data contained therein exclusively within the framework of participation in the Affpool Affiliate Network. In case of termination of the Agreement, this right loses its validity. 11.4. Other ways of using information are prohibited. The Publisher is STRICTLY PROHIBITED to transfer wholly or partially the rights to use the services, applications and data granted to him/her to third parties, provide access to them, modify or otherwise process them, transfer them in other forms or create their own databases or information services based on them. 11.5. In case of violation of these rights of use, Affpool reserves the right to use other remedies, except for the termination of the Agreement. If as the result of the Publisher's violations, a third person initiates an administrative or any other lawsuit against Affpool , all the litigation costs and other related costs shall be completely paid by the guilty Publisher.

12. Liability and limitations of liability

12.1. Affpool shall not be liable for any damage or interference caused by the content of third party web pages, software errors or hardware of participants of the Affiliate Network, or for damage caused by insufficient availability or the limited functionality of the Internet. 12.2. Affpool is responsible for:
  • Intentional acts or gross negligence of its legal representatives or officials;
  • Violation of the essential obligations of the Agreement, which make it possible to implement the Rules and for the performance of which the other party constantly relies upon.
12.3. The liability under clause 12.2 is limited to the compensation of actual damage, which will be determined by the participants or by a court decision. 12.4. The above limitations of liability do not apply in the case of mandatory legal liability and do not limit or exclude the Affpool liability in the event of harm to life or health.

13. Changes to these Rules

13.1. Affpool reserves the right to change the provisions of these Rules without justification and at any time. Notification of changes can be sent by e-mail two weeks before their entry into force. Publisher shall be solely liable for regular familiarization with these Rules. 13.2. The use of the Affpool Affiliate Network by the Publisher after making changes to these Rules indicates the Publisher's consent to the changes and willingness to assume the obligations specified in these Rules. Disagreement with the changes in the Rules entails the termination of this Agreement, as well as the termination of work with the Affpool Affiliate Network.

14. Final provisions

14.1. If certain provisions of these Rules become invalid in whole or in part, the validity of remaining provisions shall not in any way be affected or impaired. The position that has become invalid is considered replaced by another one, the closest in meaning and scope. This also applies to possible missed provisions of these Rules. 14.2. The rights and obligations resulting from these Rules may be transferred to a third party only with the consent of Affpool . 14.3. Disputes between legal entities registered in the territory of the Russian Federation are examined by the Moscow Arbitration Court on the basis of the current legislation of the Russian Federation. If a Publisher has no residence permit or/and is not a permanent resident of the Russian Federation and/or his/her place of residence is unknown and/or his/her legal entity is registered outside the Russian Federation and not in accordance with the laws of the Russian Federation, the disputes shall be governed by the laws of the Federal Republic of Germany, and be judicially examined in Heilbronn court. 14.4. To use the services of the Affpool Affiliate Network, it is required to use certain technical means and software packages, telecommunication networks and services of third-party organizations. Affpool shall not be liable for the resulting costs, possible damages, and interference.

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