This Affiliate Agreement (hereinafter – “Agreement”) is a contract between SIA Affcash, a Latvian company, with its registered address at Latvia, Riga, Vesetas iela 8 – 47
1.1. “Opt-in” or “Opted-in” means that the consumer has made an active, affirmative choice to receive Ads from the Affiliate.
1.2. “User” means any person using the Internet.
1.3. “Action” means a User’s completion of an action (such as a click, sale, lead, or call) defined by the Advertiser or C4affs.
1.4. “Network” means the advertising Network operated by C4affs, which is made up of Affiliates and Advertisers.
1.5. “Advertiser” means the advertiser, Advertiser or advertising agency providing advertisements to C4affs for use by the Affiliate.
1.6. “Ad” means the advertisement in the form of graphics and/or text supplied to C4affs for inclusion in the C4affs Network and to be made available for Affiliate use.
1.7. “Spam” means unsolicited bulk email where recipients have not agreed in advance to receive Ads.
1.8. “Campaign Terms” means the specific guidelines for each Advertiser campaign as listed in the C4affs Network.
2.1. From time to time, C4affs may amend, replace or supplement the Agreement, including but not limited to changing Advertiser payouts, by posting an updated Agreement or Campaign Terms on the C4affs website, and it shall be deemed effective immediately unless otherwise noted, and Affiliate will be deemed to have consented to, and agreed to be bound by, the updated Agreement or Campaign Terms. It is the responsibility of the Affiliate to read and keep up to date with the Agreement and Campaign Terms with or without notice of change from C4affs.
- Affiliate Requirements.
3.1. Affiliate is subject to review and may be rejected for any reason, and at any time, by C4affs.
3.2. Affiliate must submit valid and correct contact information, including but not limited to name, e-mail address, street address, and telephone number. Affiliate must ensure this information remains up-to-date at all times within the C4affs Network. Affiliate must accurately, clearly and completely describe all promotional methods in their descriptions and provide additional information when necessary.
3.3. Affiliate websites must not be associated with or contain any illegal activity, or pornographic, obscene, racist, or hateful content, or deceptive advertising, piracy, libelous or defamatory statements.
3.4. Affiliate websites must not contain any mechanisms that could be downloaded on to a User’s computer without the User’s explicit knowledge and consent.
3.5. In its sole discretion, if at any time C4affs deems the Affiliate’s website or advertising activities are contrary to the terms set out in the Agreement, the Affiliate shall be terminated from the Network and shall forfeit any and all commissions and earnings.
- Affiliate Rules.
4.1. Failure to adhere to the following rules is a violation of the Agreement and will result in immediate termination of the Affiliate from the C4affs Network with forfeiture of all monies due to Affiliate.
4.2. Affiliate must not load Advertiser’s website within a frameset or iframe unless prior written approval is obtained from C4affs.
4.3. Affiliate must not modify the Ads supplied by C4affs in any way unless prior written approval is obtained from C4affs.
4.4. Affiliate must indicate whether he uses incentive traffic, and only offer incentives to Users to respond to Ads with permission from C4affs and the Advertiser as indicated on the Network and Campaign Terms, or in writing. C4affs reserves the right to define the term incentive.
4.5. Affiliate must not make misleading or disparaging statements, oral or written, about any Ad, Advertiser or C4affs.
4.6. Affiliate must agree to receive periodic communications from C4affs. This communication could be in the form of e-mail, instant message, postal mail, telephone or fax.
4.7. Affiliate must not display any Ad in third Party newsgroups, social Networks, message boards, blogs, link farms, counters, chatrooms or guestbooks without the consent of such third-Party entity.
4.8. Affiliate must comply with all Campaign Terms as outlined in Ads.
4.9. Affiliates must not use SMS/text messages to deliver Ads to Users.
4.10. Affiliate must not generate any Actions in bad faith or through fraudulent mechanisms. This includes, but is not limited to, generating own Actions using manual or automated processes, misrepresenting product or service offered by Advertisers, deceiving Users into obtaining product or service offered by Advertisers, and encouraging or educating Surfers to cancel any product purchase or service provided by Advertisers.
4.11. Affiliate must not share, lend, lease, sell or transfer their account to any third Party unless prior written approval is obtained from C4affs.
4.12. Any Affiliate engaged in the distribution of Ads via email must comply with all of the following rules:
4.12.1. Affiliate must distribute Ads only to those recipients who have Opted-in to receive such email from the Affiliate. C4affs prohibits the use of Spam. Any use of Spam whatsoever by Affiliate will result in the forfeiture of Affiliate’s entire commission for all campaigns, and the termination of the Affiliate’s account. Affiliate will also be held liable for any and all damages resulting from a violation of this provision including reasonable court costs and attorneys fees.
4.12.2. If requested by C4affs, Affiliate must be able within 24 hours of such request, to supply the name, date, time, IP address and URL where the User gave permission to the Affiliate to receive such Ads through e-mail.
4.12.3. Affiliate must ensure each email recipient is provided with a valid opt-out mechanism within each email delivered in order for the recipients to “opt-out” of future mailings from Affiliate.
4.12.4. Affiliate must not use the Advertiser or C4affs name (including any abbreviation thereof) in the originating email address line (“From” line) or subject line of any email transmission, unless specific permission is given otherwise.
4.12.5. Affiliate must not use falsified sender information or falsified IP Addresses.
4.12.6. Affiliate must use only pre-approved Advertiser subject lines and from lines as set out in Campaign Terms.
4.12.7. Affiliate must use only legitimate routing information.
4.12.8. Affiliate must use their own tracking links that redirect to the tracking links supplied by C4affs.
4.12.10. Affiliate must ensure each email contains Advertiser’s unsubscribe mechanism as set out in Campaign Terms.
4.12.11. Affiliate must not send email to any email address or domain contained in an Advertiser’s suppression list as set out in Campaign Terms.
4.12.12. Affiliate must ensure each email clearly contains the Affiliate’s physical address, which cannot be a PO BOX.
4.12.13. Affiliate must comply with all campaign instructions from C4affs and Advertiser as set out in Campaign Terms.
4.12.14. Affiliate must be compliant with all relevant laws, including but not limited to European Union Directive on privacy and electronic communications (Directive 2002/58/EC of the European Parliament and of the Council of 12 July 2002), if applicable according to the section 4.14 of this Agreement, and the Controlling the Assault of Non-Solicited Pornography And Marketing (CAN-SPAM) Act of 2003 15 U.S.C. ch. 103.
4.13. If Affiliate has not logged into their account for six (6) consecutive months, it will be moved to an inactive status. If this inactivity continues for nine (9) months, C4affs reserves the right to terminate the account for inactivity and debit any remaining balance that is held in the Affiliate account.
4.14. European Privacy Laws. “EU Privacy Laws” means the European Union General Data Protection Regulation (“GDPR”), the European Union Directive on Privacy and Electronic Communications (the ePrivacy Directive) and any local implementing laws, including any subsequent legislation replacing or amending any such laws from time to time. Note that European Privacy Laws may apply to you if (i) you operate from an EEA member state or Switzerland; or (ii) you market to or target individuals in an EEA member state or Switzerland; or; (iii) you collect or otherwise process any personal data (as such term is defined under GDPR) from users in EEA member states or Switzerland. If any of the foregoing apply or you are otherwise subject to EU Privacy Laws then you hereby represent, warrant, covenant and agree that you will (a) comply with EU Privacy Laws (b) inform end users in a prominent manner of their rights under EU Privacy Laws and that you use tracking devices and cookies for advertising purposes, including Interest-Based Advertising; and (c) obtain end user consent to place tracking devices, such as cookies (including those enabled by C4affs at your request on your behalf) on such end users’ computers and internet enabled devices and provide information regarding the removal of such tracking devices.
- If you determine that EU Privacy Laws do not apply to you, then you shall provide C4affs with your analysis concluding the same or, provide detailed information regarding the specific steps you take to ensure that individuals located in the EU do not visit your Site via our services and technology.
- Advertising Services and Warranties.
6.1. Provided that Affiliate complies with all provisions of this Agreement and Campaign Terms, C4affs hereby grants to Affiliate a non-exclusive, limited, revocable license to market, display, perform, copy, transmit, and promote the Ad in connection with its obligations hereunder; and market display, perform, copy, transmit, and promote the Ad to third Parties in connection with its obligations hereunder. Affiliate’s use of Ads or copyrighted materials in violation of this Agreement is strictly forbidden and will result in this limited license being immediately withdrawn and may further result in the termination of the Affiliate’s account and being held liable under applicable law.
6.2. C4affs’s sole obligation to the Affiliate under this Agreement with respect to Ads shall be to provide such Ads for use in their advertising efforts. The advertising services provided by C4affs are provided “as is”. C4affs makes no warranties, guaranties, promises, or estimates, expressed or implied, oral, written or otherwise except as specifically set forth herein, AND does not guarantee, including but not limited to, demographic profiling of Users, click to Action conversion rates, response rates or conversion rates from Action to sale.
6.3. No additional warranties are provided.
- Commission Earnings and Payments.
7.1. C4affs shall send Affiliate’s commission payment approximately fifteen (15) days from the last business day of each month in which earnings are accrued if the amount due to Affiliate exceeds either one thousand ($1,000) US Dollars or the minimum payment amount requested by the Affiliate, whichever is higher. Payment thresholds may vary based payment type chosen by Affiliate. Policies regarding payment type thresholds can change without notice to Affiliate. Commissions will only be earned on Actions reported by the Advertiser, and only after C4affs receives full payment from the Advertiser. C4affs is under no obligation to pay Affiliates for Actions which are not paid by the Advertiser.
7.2. C4affs in its sole discretion may increase the payment frequency for Affiliate to weekly, when Affiliate has received one previous payment from C4affs and is setup to receive payments electronically. All other conditions and restrictions for payment as outlined in item 7.1 remain in force for weekly payments. C4affs in its sole discretion may disqualify any Affiliate from being eligible for weekly payments at any time.
7.3. In the event of non-payment by an Advertiser, and if C4affs elects in its own discretion not to make payment to Affiliate, an Affiliate’s recourse for any earned commissions not paid shall be to make a claim against the relevant Advertiser(s), and C4affs disclaims any and all liability for such payment.
7.4. C4affs or the Advertiser may reverse any Action generated by the Affiliate. Circumstances for Action reversals include but are not limited to duplicate Actions, fraudulently generated Actions, non-payment, Affiliate’s failure to comply with the Agreement, invalid or incomplete data, or product returns. Reversals may be applied at any time, including for Actions during a period where payment has already been issued to the Affiliate.
7.5. In the event reversals are applied to Actions for which an Affiliate has already been paid, Affiliate is required to return payment for these Actions to C4affs.
- EU Users Consent
8.1. Affiliate hereby represents, warrants, covenants and agrees that in case Affiliate is subject to EU Privacy Law, it must comply with the rules of this section 8.
8.2. Affiliate must obtain its end users’ legally valid consent to:
8.2.2. the collection, sharing, and use of personal data for personalization of Ads.
8.3. Affiliate when seeking end users’ consent must:
8.3.1. retain records of consent given by end users; and
8.3.2. provide end users with clear instructions for revocation of consent.
8.4. Affiliate must clearly identify each party that may collect, receive, or use its end users’ personal data. Affiliate must also provide end users with prominent and easily accessible information about that party’s use of end users’ personal data.
- Representations and Warranties.
9.1. Each Party represents and warrants they have full corporate right, power, and authority to enter into this Agreement, to grant the rights and licenses granted and to perform the acts required of it.
9.2. Each Party acknowledges that the other Party makes no representations, warranties, or agreements related to the subject matter hereof that are not expressly provided for in this Agreement.
10.1. Affiliate shall not solicit or recruit, directly or indirectly, any Advertiser that is known to Affiliate to be an Advertiser of C4affs, for purposes of offering products or services that are competitive with C4affs, nor contact such Advertisers for any purpose, during the term of Affiliate’s membership in the C4affs Network and for the twelve (12) month period following termination of Affiliate’s membership in the C4affs Network.
- Limitation of Liability.
11.1. EXCEPT FOR THE INDEMNIFICATION PROVISIONS AT CLAUSE 12, UNDER NO CIRCUMSTANCES SHALL EITHER PARTY BE LIABLE TO THE OTHER FOR INDIRECT, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES OR COSTS, DIRECT OR INDIRECT, (EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING FROM AFFILIATE PARTICIPATION IN C4AFFS’S NETWORK. C4AFFS SHALL NOT IN ANY EVENT BE LIABLE TO AFFILIATE FOR MORE THAN THE AMOUNT PAID TO AFFILIATE HEREUNDER. NO ACTION, SUIT OR PROCEEDING SHALL BE BROUGHT AGAINST C4AFFS MORE THAN ONE YEAR AFTER THE DATE OF SERVICE.
11.2. Affiliate agrees not to hold C4affs or Advertisers liable for any of the consequences of interruption or service.
12.1. Affiliate hereto agrees to indemnify and hold harmless C4affs, Advertiser, and each if its agents, officers, directors and employees against all liability to third Parties resulting from the acts or failure to act of such indemnifying Party, or any act of its customers or users. Affiliate is solely responsible for any legal liability arising out of or relating to the Affiliate’s website(s), any material to which Users can link through the Affiliate’s website(s) and/or any consumer and/or governmental/regulatory complaint arising out of any privacy breach, regulatory compliance issue, e-mail campaign or other advertising campaign conducted by Affiliate, including but not limited to any Spam or fraud complaint and/or any complaint relating to failure to have proper permission to conduct such campaign to the consumer.
13.1. Affiliate agrees to refrain from disclosing C4affs’s confidential information or the Advertiser’s confidential information (including but not limited to commission rates, conversion rates, email addresses, fees, identities of Advertisers) to any third-Party without prior written permission from C4affs.
- Force Majeure.
14.1. Neither Party shall be deemed in default of this Agreement to the extent that performance of its obligations or attempts to cure any breach are delayed or prevented by reason of any act of God, fire, natural disaster, accident, terrorism, riots, acts of government, shortage of materials or supplies, or any other cause beyond the reasonable control of such Party; provided, that the Party whose performance is affected by any such event gives the other Party written notice thereof within three (3) business days of such event or occurrence.
15.1. The Parties to the Agreement are independent non-exclusive contractors. Neither Party will have any right, or authority to enter into any agreement on behalf of, or incur any obligation or liability of, or to otherwise bind the other Party, nor is either Party an agent, representative, partner, employee, or joint venture of the other Party.
16.1. C4affs reserves the right to withhold payment and take appropriate legal action to cover its damages against any Affiliate that violates the terms of this Agreement or breaches the representations and warranties set forth in this Agreement, or commits fraudulent activity against C4affs. Except as otherwise specified, the rights and remedies granted to a Party under the Agreement are cumulative and in addition to, not in lieu of, any other rights and remedies which the Party may possess at law or in equity.
- Entire Agreement.
17.1. This Agreement constitutes the entire and only agreement and supersedes any and all prior agreements, whether written, oral, express, or implied, of the Parties with respect to the transactions set forth herein.
- Governing Law.
18.1 This Agreement is governed by and will be construed in accordance with the laws of Cyprus and without giving effect to any choice of law rule that would cause the application of the laws of any other jurisdiction.
18.2. Any dispute, controversy or claim arising out of or relating to this contract, including but not limited to the formation, performance, breach, termination or invalidity thereof, shall be settled by arbitration in accordance with the CEDRAC Arbitration Rules. The parties further agree that:
18.2.1. The appointing authority shall be the CEDRAC Court.
18.2.2. The number of arbitrators shall be one.
18.2.3. The place of arbitration shall be Riga, Latvia.
18.2.4. The language to be used in the arbitral proceedings shall be English.
19.1. This Agreement may be terminated by either Party. This Agreement may be terminated immediately upon notice for your breach of this Agreement.
19.2. An Advertiser may terminate Affiliate from the Advertiser’s program for any or no reason.
19.3. Upon termination of this Agreement, any permissions granted under this Agreement will terminate, and Affiliate must immediately remove all Ads and link to Advertiser(s).
- Changes of this Agreement
20.1. C4affs may modify this Agreement by providing notice of such changes, such as by sending you an email, providing notice through the C4affs Network, or updating the “Last Updated” date at the bottom of this Agreement. By continuing to access or use of C4affs Network, you confirm your agreement to this Agreement. If you do not agree to any modification to this Agreement, you must stop using C4affs Network. We encourage you to frequently review this Agreement to ensure you understand the terms and conditions that apply to your access to, and use of, C4affs Network.
IN WITNESS WHEREOF, the Parties have caused this Agreement to be duly executed and binding upon Affiliate’s submission and C4affs’s acceptance of Affiliate’s properly completed Affiliate Network application without need for further action by C4affs.
Effective date: 24 June 2019.
THIS ADVERTISING AGREEMENT (the “Agreement”) is a contract between Eizio Services Limited, a Cyprus company, with its registered address at Michalakopoulou 27, Flat/Office FF06, 1075, Nicosia, Cyprus (“C4affs”) and the Party intending to launch Campaigns through C4affs Network (the “Advertiser”), also referred to herein jointly as the Parties (“Parties”, each a “Party”). This Advertising Agreement shall be the part of all Insertion Orders subsequently agreed to by the Parties.
The Parties agree to be legally bound as follows:
1.1. “User” means any person using the Internet.
1.2. “Action” means a User’s completion of an action requested by the Advertiser. This includes, but is not limited to, a sale, a click, a call, a lead and an impression (viewing of an advertisement). Detailed definition of “Action” is provided within the Insertion Order.
1.3. “Campaign” means the product or service for which Actions are being provided to the Advertiser by the C4affs Network.
1.4. “Network” means the advertising network operated by C4affs, which is made up of Affiliates and Advertisers, including the Advertiser.
1.5. “Ad” means the advertisement in the form of graphic or text supplied to C4affs for inclusion in the Network and to be made available for Affiliate use when promoting Advertiser’s Campaign.
1.6. “Confidential Information” means the data that is collected by the Advertiser from the User during the completion of an Action.
1.7. “Tracking Call” means a Hypertext Tracking Protocol (HTTP) call to the Network’s tracking platform, through the use of a tracking pixel shown on User’s browser or a server-to-server call from Advertiser’s server to Network’s server, or such other methods as C4affs may make available from time to time.
1.8. “Insertion Order” is a separate document outlining all the Campaign details, billing information and restrictions of the Campaign or Campaigns.
1.9. “Affiliate” refers to a member of the C4affs Network that will be running the Advertiser’s Campaigns.
2. Advertiser Requirements.
2.1. Advertiser websites must not be associated with or contain any illegal activity, or pornographic, obscene, racist, or hateful content, or deceptive advertising, piracy, libelous or defamatory statements.
2.2. Advertiser websites must not contain any mechanisms that could be downloaded on to a User’s computer without the User’s explicit knowledge and consent.
2.3. Advertiser websites and advertising activity must be compliant with all relevant laws, including but not limited to European Union Directive on privacy and electronic communications (Directive 2002/58/EC of the European Parliament and of the Council of 12 July 2002), if applicable according to the section 4.14 of this Agreement, and the Controlling the Assault of Non-Solicited Pornography And Marketing (CAN-SPAM) Act of 2003 15 U.S.C. ch. 103.
2.4. “EU Privacy Laws” means the European Union General Data Protection Regulation (“GDPR”), the European Union Directive on Privacy and Electronic Communications (the ePrivacy Directive) and any local implementing laws, including any subsequent legislation replacing or amending any such laws from time to time. Advertiser hereby acknowledges that European Privacy Laws may apply to it if (i) it operates from an EEA member state or Switzerland; or (ii) its market to or target individuals in an EEA member state or Switzerland; or; (iii) it collects or otherwise processes any personal data (as such term is defined under GDPR) from users in EEA member states or Switzerland. If any of the foregoing apply or Advertiser is otherwise subject to EU Privacy Laws then Advertiser hereby irrevocably represents, warrants, covenants and agrees that it will (a) comply with EU Privacy Laws (b) inform end users in a prominent manner of their rights under EU Privacy Laws and that Advertiser uses tracking devices and cookies for advertising purposes, including Interest-Based Advertising; and (c) obtain end user consent to place tracking devices, such as cookies (including those enabled by C4affs at Advertiser’s request on Advertiser’s behalf) on such end users’ computers and internet enabled devices and provide information regarding the removal of such tracking devices.
2.5. Advertiser hereby represents, warrants, covenants and agrees that in case Advertiser is subject to EU Privacy Law, it must comply with the following rules:
2.5.1. Advertiser must obtain its end users’ legally valid consent to:
184.108.40.206. the collection, sharing, and use of personal data for personalization of Ads.
2.5.2. Advertiser when seeking end users’ consent must:
220.127.116.11. retain records of consent given by end users; and
18.104.22.168. provide end users with clear instructions for revocation of consent.
2.5.3. Advertiser must clearly identify each party that may collect, receive, or use its end users’ personal data. Advertiser must also provide end users with prominent and easily accessible information about that party’s use of end users’ personal data.
2.6. In its sole discretion, if at any time C4affs deems, in its sole and unfettered opinion, the Advertiser’s website is contrary to the terms set out in the Agreement, the Advertiser shall be terminated from the Network without notice. If the Advertiser is working with C4affs on prepayment terms, C4affs shall refund any unused portion of their prepaid balance.
3. Advertising Services and Warranties.
3.1. Advertiser hereby grants to C4affs and its Affiliates a non-exclusive, limited, revocable license to market, display, copy, transmit, and promote the Ad in connection with its obligations hereunder.
3.2. C4affs’s sole obligation to the Advertiser under this Agreement with respect to Ads shall be to provide such Ads for placement on the Network, once received from the Advertiser. The advertising services provided by C4affs are provided “as is”. C4affs makes no warranties, guarantees, promises, or estimates, expressed or implied, oral, written or otherwise except as specifically set forth herein, AND does not guarantee Campaign performance on the Network, including but not limited to click to Action conversion rates, response rates or conversion rates from Action to sale.
3.3. Each Party acknowledges that the other Party makes no representations, warranties, or agreements related to the subject matter hereof that are not expressly provided for in this Agreement.
3.4. C4affs shall list the Advertiser’s Campaign within the Network according to the terms in the Insertion Order. In the event of a conflict between the Insertion Order and the Agreement, the terms within the Insertion Order shall prevail.
4. Privacy and Spam Compliance.
4.1. Advertiser agrees that it has had the opportunity to review the C4affs Affiliate Agreement located at and that it has satisfied that C4affs (without any representation or warranty by C4affs in this regard) makes all reasonable efforts to ensure its Affiliates are Can-Spam, GDPR and/or ePrivacy compliant.
5. Reporting and Payments.
5.1. Advertiser shall report Actions to C4affs in real time using Tracking Calls. Advertiser must provide its own unique Action identifier at the time the Tracking Call is made. An Action identifier can include, but is not limited to, an order ID, a lead ID or an email address.
5.2. Advertiser shall report the total number of Actions for a calendar month within five (5) days of the beginning of the subsequent calendar month. Advertisers who fail to do so by 6:00pm EET on the 5th day will be billed for the total number of Tracking Calls they made, as determined by C4affs, in its sole and unfettered opinion.
5.3. Advertiser shall report any Action within five (5) days of the beginning of the subsequent calendar month or such Actions are deemed accepted and can no longer be reversed by the Advertiser. Advertiser shall provide the unique Action identifier (as per section 5.1) for each lead they want reversed. C4affs shall not reverse any Action that was initially reported to C4affs without the Advertiser’s own unique Action identifier.
5.4. Advertiser shall only reverse Actions if reversals are permitted as per the terms of the Insertion Order, and if reversals meet the criteria defined in the Insertion Order. When requesting Action reversals, Advertiser shall provide written proof (email to suffice) that reversals meet the terms of the Insertion Order. C4affs shall not reverse any Action for which such proof was not provided by the Advertiser.
5.5. In the event of a discrepancy between the total number of Actions reported by the Advertiser (as per 5.2) and the total number of Tracking Calls made by the Advertiser (as per 5.1), the total number of Tracking Calls will be used for billing purposes.
5.6. Advertiser shall make payment for the reported number of Actions no later than fifteen (15) days after the month end in which the Actions were generated, otherwise a monthly 1.5% interest fee will charged. If outstanding credit exceeds $5,000 a week, weekly payment will be required on a Net 7 by bank wire.
5.7. Advertiser agrees that in the event of a default payment they will be responsible to pay for all costs associated with collections including agency costs, legal fees, on a solicitor and own client basis, and court costs.
6. Indemnification and Limitation of Liability.
6.1. Advertiser agrees to indemnify and hold harmless C4affs and each of its agents, officers, directors and employees against all liability to third Parties resulting from the acts or failure to act of Advertiser, or any of its customers or Users.
6.2. UNDER NO CIRCUMSTANCES SHALL C4AFFS BE LIABLE TO THE ADVERTISER FOR INDIRECT, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES OR COSTS, DIRECT OR INDIRECT, (EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING FROM ADVERTISER PARTICIPATION IN THE NETWORK. C4AFFS SHALL NOT IN ANY EVENT BE LIABLE TO ADVERTISER FOR MORE THAN THE AMOUNT PAID TO C4AFFS BY ADVERTISER FOR SERVICES RENDERED HEREUNDER. NO ACTION, SUIT OR PROCEEDING SHALL BE BROUGHT AGAINST C4AFFS MORE THAN ONE YEAR AFTER THE DATE OF SERVICE.
7. Force Majeure.
7.1. Neither Party shall be deemed in default of this Agreement to the extent that performance of its obligations or attempts to cure any breach are delayed or prevented by reason of any act of God, fire, natural disaster, accident, terrorism, war, riots, acts of government, shortage of materials or supplies, or any other cause beyond the reasonable control of such Party; provided, that the Party whose performance is affected by any such event gives the other Party written notice thereof within three (3) business days of such event or occurrence.
8.1. C4affs reserves the right to take appropriate legal action to recover its damages against Advertiser if it violates the terms of this Agreement, or commits fraudulent activity against C4affs. Except as otherwise specified, the rights and remedies granted to a Party under the Agreement are cumulative and in addition to, not in lieu of, any other rights and remedies which the Party may possess at law or in equity.
9. Governing Law/Jurisdiction.
9.1. This Agreement is governed by and will be construed in accordance with the laws of Cyprus and without giving effect to any choice of law rule that would cause the application of the laws of any other jurisdiction.
9.2. Any dispute, controversy or claim arising out of or relating to this contract, including but not limited to the formation, performance, breach, termination or invalidity thereof, shall be settled by arbitration in accordance with the CEDRAC Arbitration Rules. The parties further agree that:
9.2.1. The appointing authority shall be the CEDRAC Court.
9.2.2. The number of arbitrators shall be one.
9.2.3. The place of arbitration shall be Nicosia, Cyprus.
9.2.4. The language to be used in the arbitral proceedings shall be English.
10. Data Security and Confidentiality
10.1. C4affs and Advertiser agree to hold Confidential Information received from or created on behalf of the either Party in strictest confidence. Both Parties shall not use or disclose Confidential Information except as permitted or required by the Agreement or as otherwise authorized in writing by the other Party, or if mandated to do so by a court of competent jurisdiction.
10.2. Both Parties agrees that they will protect Confidential Information according to commercially acceptable standards and no less rigorously than it protects its own Confidential Information, but in no case less than reasonable care. Both Parties shall develop, implement, maintain and use appropriate administrative, technical and physical security measures which may include but not be limited to encryption techniques, to preserve the confidentiality, integrity and availability of all such Confidential Information.
10.3. Both Parties shall report, either orally or in writing, to the other Party any use or disclosure of Confidential Information not authorized by this Agreement, or if mandated to do so by a competent arbitration, including any reasonable belief that an unauthorized individual has accessed Confidential Information. The Party shall make the report to the other Party immediately upon discovery of the unauthorized disclosure, but in no event more than two (2) business days after there has been such unauthorized use or disclosure. The report shall identify: (i) the nature of the unauthorized use or disclosure, (ii) the Confidential Information used or disclosed, (iii) who made the unauthorized use or received the unauthorized disclosure, (iv) what has done or shall be done to mitigate any deleterious effect of the unauthorized use or disclosure, and (v) what corrective action has been taken or shall take to prevent future similar unauthorized use or disclosure. The offending Party shall provide such other information, including a written report, as reasonably requested by the other Party.
11.1. For the term of the Agreement and for a period of 6 months from the date that the last order was generated, the Advertiser will not knowingly solicit or work directly in any way with C4affs Affiliates, provided that there is not a prior relationship and proof of such relationship, satisfactory to C4affs in its sole discretion, is provided.
12. Amendment and Waiver.
12.1. No supplement, modification, amendment, waiver, discharge or termination of this Agreement is binding unless it is executed in writing by the Party to be bound. No waiver of, failure to exercise or delay in exercising, any provision of this Agreement constitutes a waiver of any other provision, whether or not similar, nor does such waiver constitute a continuing waiver unless otherwise expressly provided.
13. Successors and Assigns.
13.1. Neither this Agreement nor any right or obligation under this Agreement may be assigned by any Party without the prior consent of the other Parties. This Agreement enures to the benefit of and is binding upon the Parties and their respective heirs, executors, administrators, successors and permitted assigns.
14.1. Each provision of this Agreement is distinct and severable. If any provision of this Agreement, in whole or in part, is or becomes illegal, invalid or unenforceable in any jurisdiction by a court of competent jurisdiction, the illegality, invalidity or unenforceability of that provision will not affect:
14.1.1. the legality, validity or enforceability of the remaining provisions of this Agreement;
14.1.2. the legality, validity or enforceability of that provision in any other jurisdiction.
15. Changes of this Agreement
15.1. C4affs may modify this Agreement by providing notice of such changes, such as by sending Advertiser an email, providing notice through the C4affs Network, or updating the “Last Updated” date at the bottom of this Agreement. By continuing to access or use of C4affs Network, Advertiser confirms its agreement to this Agreement. If Advertiser do not agree to any modification to this Agreement, it must stop using C4affs Network. We encourage Advertiser to frequently review this Agreement to ensure it understands the terms and conditions that apply to its access to, and use of, C4affs Network.
IN WITNESS WHEREOF, the Parties have caused this Agreement to be duly executed and binding upon Advertiser’s submission and C4affs’s acceptance of Advertiser’s properly completed Advertiser application and Insertion Order without need for further action by C4affs.
Effective date: 24 June 2019
If you do not agree with this Policy, you should not access our web-site or use our services.
When This Policy Apply
- you use our services;
- you contact us via our website/email/phone/etc.;
- you provide us with your Personal Information in any other way (e.g. through customer support inquiries, webinars, user conferences, feedback sharing, etc.);
- we contact you in order to offer you our services that are relevant to your business
- we contact you about our new commercial offers, newsletters, content, and events.
What Personal Information We Collect
In order to provide our services, we collect the following Personal Information from our advertisers and affiliates:
- contact information (name, email, phone number, skype handle, address);
- location information;
- Internet Protocol addresses (IPs) and domain names;
- browser type / operating system;
- financial information and transaction history;
- (for Affiliates only) information about your performance (clicks generated, leads generated, transactions completed).
Some pages on our website have contact forms. When you submit the message or fill out the form, we will ask you for your contact information such as your full name, email address, phone number and your job title. Also when you submit the message or fill out the form we will collect your IP address in order to identify your location.
How We Use Personal Information
We use Personal Information in a number of ways.
For advertisers, we use it to perform a contract with you or your employer, to communicate with you about our products, services, and promotions and to invoice you.
For affiliates, we use this information to perform a contract with you or your employer, to scrutinise applicants for fraud, communicate with you about our products, services, and promotions, track traffic, and to make payments to you.
Under the GDPR, the lawful basis for collecting this information is that it is necessary for the performance of the contracts we have entered into and, for the purposes of scrutinising applicants for fraud, our legitimate interests in preventing fraud. We do not sell your Personal Information to third parties.
We also collect Internet Protocol addresses (IPs) and User Agent Data (information about browser and operating system) from people who click on the advertisements we have placed with our affiliates so we can track unique traffic and to identify fraud. Under the GDPR, the lawful basis for collecting this information is that we have a legitimate commercial interest in determining how many unique users click on our advisements and preventing fraud. No more identifying information is collected about this group and so we cannot associate IPs with an identifiable individual.
- provide, improve, test, and monitor the effectiveness of our services;
- develop and test new products and features;
- diagnose or fix technology problems.
Grounds for processing your personal information
We process data based on the following grounds:
- Processing of your Personal Information is necessary for the performance of a contract with us to which you are a party or in order to take steps at your request prior to entering into a contract with us; or
- Processing of your Personal Information is necessary for the purposes of the legitimate interests pursued by us; or
- You give us your consent to process your Personal Information.
We will ask you for your consent before we collect and process your data. You give us consent to collect your Personal Information, process it in order to provide you with offers, updates in products and information that are relevant to your initial interest.
Analytics and disclosure of your information
We may share your information with certain third parties selected by us to help support our operations. These include, for example, service providers that help us analyze web traffic, send emails, and track customer support requests.
Google Analytics components are embedded into all pages of our website. With the help of cookies, they collect and analyze the behavior of visitors: which sources they come from (for example, from Google search), from which IP and country, which pages they open, when it happened, how long they stayed on the pages, which browser, operating system and language were used. This data is highly anonymous and is used to optimize content of the website.
We may transfer your Personal Information outside EU. When Personal Information is to be transferred in a country that has not been designated by the European Commission as providing an adequate level of protection for personal information, we will ensure an adequate level of protection by any of the recognized methods, including but not limited to entry into the standard contractual clauses for the transfer of personal information to processors established in third countries approved by the European Commission from time to time.
The Personal Information which are collected by third party providers (Google) may be transferred to different countries worldwide for data processing. These data transfers are covered by terms and privacy policies of these providers.
We may also disclose your Personal Information when we have a good faith belief (i) we are required to do so by law, or in response to a subpoena, court order, or other legal mechanism, or (ii) it is necessary to: detect, prevent and address fraud and other illegal activity; to protect ourselves, you and others, including as part of investigations.
Retention of Personal Information
We only retain your Personal information for as long as is necessary for us to use your information as described above or to comply with our legal obligations and legitimate interests. For instance, we may retain your data as necessary to meet our legal obligations, such as for tax and accounting purposes.
When determining the relevant period in which we retain or establish/revise periods for retaining Personal Information, we will consider the following factors:
- our contractual obligations and rights in relation to the information involved;
- legal obligation(s) under applicable law to retain data for a certain period of time or with respect to pending or anticipated legal actions;
- our legitimate interest where we weigh your interest in controlling your personal information and against our lawful purpose in processing your personal information;
- statutes of limitations under applicable law(s);
- if you have made a request to have your information deleted.
Otherwise, pursuant to GDPR, we will securely erase your personal information once there is no lawful basis or legal obligation to store or process it.
We retain Personal Information about our affiliates indefinitely. We do this so that we can scrutinise prospective affiliates against all our known affiliates for fraud prevention purposes.
We retain Personal Information about our advertisers for ten years. We retain IPs for ten years.
How We Protect Your Personal Information
We protect the data, which are collected on this website by us, as well as the data, which you entrust us under NDAs and contracts, protected by us. We have implemented measures designed to secure your Personal Information from accidental loss and from unauthorized access, use, alteration, and disclosure. All information you provide to us is stored on our secure servers behind firewalls. We follow the requirements of GDPR and taking security very seriously.
Our hosting partners and sub-processors are required to agree to the mandatory sub-processing standard contractual terms under the GDPR. The terms of these agreements include the sub-processor’s obligation to:
- keep your Personal Information confidential;
- process your Personal Information only as we direct them, and;
- maintain appropriate technical and organizational measures to safeguard your Personal Information.
Keeping Information Accurate
It is important that your personal information is accurate and complete. Having accurate information about you enables us to give you the best possible service. You have the right to access, verify and amend the information we have about you. We rely on you to keep us informed of any changes, such as a change of address, telephone number or any other circumstances – you simply edit this in your profile.
When you open our website for the first time, cookies are created on your device. When your open it next time, cookies are sent back to us thus letting us know you’ve already been there. We don’t create cookies ourselves, but we use third party providers who do it for us.
Cookies make it easier for you to use our Sites during future visits. They also allow us to monitor traffic and to personalize the content of our Sites for you. Session-based cookies only last while your browser is open, and are automatically deleted when you close the browser. Persistent cookies last until you or your browser deletes them or until they expire.
Some of our cookies are necessary for certain uses of the Sites. These cookies allow us to make our Sites usable by enabling basic functions like page navigation and access to secure areas of the Sites. The Sites cannot function properly without these cookies.
We also use functional cookies and cookies from third parties for analysis and marketing purposes. Functional cookies enable certain parts of the Sites to work properly and your user preferences to remain known. Analysis cookies, among other things, collect information on how visitors use our Sites, the content and products that users view most frequently, and the effectiveness of our third party advertising. Cookies are either “session” cookies which are deleted when you end your browser session, or “persistent,” which remain until their deletion by you (discussed below) or the party who served the cookie.
To learn more about how to control cookie settings through your browser:
Internet Explorer link
Safari (Desktop) link
Safari (Mobile) link
Android Browser link
For other browsers, please consult the documentation that your browser manufacturer provides. You can opt out of interest-based targeting provided by participating ad servers through the Digital Advertising Alliance (http://youradchoices.com).
In addition, on your iPhone, iPad or Android device, you can change your device’s privacy settings to control whether you see online interest-based ads:
iOS 7 or Higher
Go to your Settings > Select Privacy > Select Advertising > Enable the “Limit Ad Tracking” setting
Go to your Settings >Select General > Select About > Select Advertising > Enable the “Limit Ads Tracking” setting
More information about the iOS setting can be found here.
|Android device||Open your Google Settings app > Ads > Enable “Opt out of interest-based advertising”|
Our services are not directed to individuals under 18. We do not knowingly collect personal information from children under 18. If we become aware that a child under 18 has provided us with personal information, we will take steps to delete such information. If you become aware that a child has provided us with personal information, please contact our support.
As a data subject (a person whose personal information is collected, stored and processed) you have several rights under GDPR:
Right of access. You have the right to obtain confirmation if your personal information is being processed by us. If that is the case, you can access your personal information and the following information: (a) the purposes of the processing; (b) the categories of personal information; (c) to whom the personal information have been or will be disclosed; (d) the envisaged period for which the personal information will be stored, or the criteria used to determine that period.
If you would like to have a copy of your personal information from us, we will provide it based on (1) you will prove your identity, (2) it will not adversely affect the rights and freedoms of others. First copy will be provided for free, for any further copies we may charge a reasonable fee based on administrative costs.
Right to rectification. You have the right to demand us that we correct without undue delay your personal information which we have in our systems if they are inaccurate or incomplete.
Right to erasure (‘right to be forgotten’). You have the right to demand that we erase your personal information, and we shall erase it without undue delay where one of the following grounds applies: (a) this personal information is no longer necessary in relation to the purposes for which they were processed; (b) you withdraw consent on which the processing is based, and where there is no other legal ground for the processing; (c) you object to the processing and there are no overriding legitimate grounds; (d) your personal information have been unlawfully processed; (e) your personal information have to be erased for compliance with a legal obligation.
Right to restriction of processing. You have the right to restrict us in the ability of processing of your information where one of the following applies: (a) you contest the accuracy of your personal information and we are verifying it; (b) the processing is unlawful and you want to restrict it instead of erasure; (c) we no longer need your personal information, but you need them for some legal reasons; (d) you have objected to processing and we are verifying whether the legitimate grounds override your request.
Right to data portability. You have the right to receive your personal information which you provided us in a structured, commonly used and machine-readable format and have the right to transmit those data to another company, where: (a) the processing is based on your consent or on a contract; and (b) the processing is carried out by automated means. Where technically feasible, you can demand us to transmit those data directly to another company.
Right to object. You have the right to object to processing of your personal information based on our legitimate interests. We shall no longer process your personal information unless we demonstrate compelling legitimate grounds for the processing or for the establishment, exercise or defense of legal claims. Where personal information is processed for direct marketing purposes, you have the right to object at any time to processing of your personal information for such marketing.
Automated individual decision-making, including profiling. You have the right not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects on you. Please note that we don’t make any automated decisions including profiling based on information that we have about you.
Right to withdraw consent. You have the right to withdraw you consent for processing of your personal information at any time. The withdrawal of consent shall not affect the lawfulness of processing based on consent before its withdrawal.
Right to lodge a complaint. You have the right to lodge a complaint with a supervisory authority, in particular in the Member State of your habitual residence, place of work or place of the alleged infringement if you consider that the processing of your personal information infringes GDPR.
Breach Notification. If a breach/unauthorized access of personal information takes place that is likely to “result in a risk for the rights and freedoms of individuals”, we will notify the supervisory authority within 72 hours of becoming aware of the breach.
Our contact details
Eizio Services Limited
Michalakopoulou 27, Flat/Office FF06,
1075, Nicosia, Cyprus
Effective date: 24 June 2019