Affiliate Program Terms

Version: 15.11.2023

  1. About Us
    1. UAB Dyler is a private limited liability company organized and existing under the laws of the Republic of Lithuania, legal entity code 306157730, registered office address at Laisvės av. 60-1107, Vilnius the Republic of Lithuania (hereinafter referred to in this document as“Company”, “we”, or “us”).
    2. UAB Dyler is the sole owner and operator of the website (collectively, the “Website”).
  2. Definitions
    1. The definitions set out in this section shall apply in these Affiliate Program Terms as follows:
      1. Affiliate means the partner, publisher, or individual who enters into an affiliate partnership agreement with the UAB Dyler;
      2. Affiliate Program Terms means the agreement between the parties, including all annexes, regarding the affiliate marketing services. If any additional agreements are made between the Affiliate and the Company for the provision of Affiliate Services after these Terms have been agreed upon, those subsequent agreements (including individual agreements for the provision of services) will be considered a part of these Affiliate Program Terms.
      3. Commission - is a form of compensation paid to affiliates for referring customers to the Company.
      4. Business Day means a day, as indicated on our Website. We operate and provide services on business days of the Republic of Lithuania, except the legal public holidays.
      5. Party or Parties individually means any of us (the Affiliate or the Company) and together means you and (Company and the Affiliate).
      6. Privacy Policy means the document that sets out the main provisions of how, when and under what conditions we process your personal data.
      7. Payment Method means all payments under these terms and conditions that are processed through third parties - our payment partners, who are authorized to provide services within the respective country. By accepting these terms, you consent to the use of account information regarding the selected payment method provided by the issuing bank or applicable payment network. The company does not take any liability regarding the payment processing.
      8. The payment information means any valid information with regards to any payment made or due under the terms, which encompasses the account name, account number, bank name, swift code, bank code, and branch code, or crypto wallet address. It is imperative that the aforementioned details are furnished accurately to ensure that the payment is processed without any complications.
      9. Supported countries means those nations where a person is established and is deemed eligible to participate in the affiliate program, provided they are not subject to any sanctions or embargoes imposed by reputable entities such as the European Union (EU), United Nations (UN), or the United States Office of Foreign Assets Control (OFAC). It is crucial to note that the list of eligible countries is not exhaustive and may be subject to changes based on evolving circumstances.
      10. Black hat refers to a set of practices that are used to increase a site or page’s rank in search engines through means that violate the search engines’ terms of service.
      11. Website means our website including all its sub-domains,
    2. In these Affiliate Program Terms:
      1. a singular word includes the plural and vice versa; a word that suggests one gender includes the other gender;
      2. if a word or phrase is defined, its other grammatical forms have a corresponding meaning;
      3. a reference to a document or agreement (including a reference to this document) is to that document or agreement as amended, supplemented, varied or replaced; a reference to legislation or to a provision of legislation (including subordinate legislation) is to that legislation as amended, re-enacted or replaced, and includes any subordinate legislation issued under it; a reference to ‘day’ or ‘month’ means calendar day or month;
      4. words “include”, “includes” and “including” shall be deemed to be followed by the phrase “without limitation”
  3. The objective
    1. The Affiliate established in a supported country will act as an agent on behalf of the Company by placing links on their website(s) to direct traffic to the Company website. In addition, the Affiliate shall coordinate with the Company to carry out successfully the marketing, publicizing, and promotion of the Company's products or services.
    2. Affiliate will earn a commission outlined in Schedule A (attached to this Terms) on premium ad purchases made via referral links by users as a result of the Affiliate's promotional efforts.
    3. Payments are made automatically on when the Affiliate's account balance reaches 100 EUR amount or more for the previous months' transactions. The Affiliate understands that the Company may change the payout amount at any time. Payments of commissions are made on the 1st day of each month for the commissions earned during the previous month. In the event that an affiliate decides to terminate their partnership, any accrued commissions will be subject to individual review and payment.
  4. General obligations
    1. The Affiliate promises and agrees
      1. Complete the registration process for an Affiliate program. To register for the Affiliate Program, the recipient must complete and send an Affiliate Program Application to the Company. The Affiliate Program Application is included on the Company's website and can be completed and submitted through the site.
      2. to read and understand these Terms and Conditions for the Affiliate Program,
      3. be established in supported country;
      4. provide a valid payment method for receipt of Affiliate Commissions;
      5. to act in good faith and adhere to these Terms and individual agreements thereof as well as other provisions governing the use of our Services, and timely as well as properly fulfill your obligations to us. Affiliate who violates either these terms or the will immediately forfeit their right to all accrued commission fees and be removed from the Company Affiliate Program;
      6. to provide us with information and data which is accurate, correct, up to date, not misleading and free of viruses or other computer programs or files that could interfere with the normal functioning of the Company website;
      7. to hold any confidential information in strict confidence and trust for the sole benefit of the Company, both during the term of this Agreement and at all times thereafter, and shall not use such confidential information for any purpose, whether or not for consideration, business or personal, other than as may be reasonably necessary for the performance of its duties according to this Agreement, without the Company's prior written consent.
      8. to not disclose any confidential information to any person or entity, other than to such of its employees or consultants as may be reasonably necessary for purposes of performing its duties hereunder and have executed agreements of confidentiality no less protective than these terms without the Company's prior written consent.
      9. to ensure that any affiliates, employees, contractors, or agents abide by the terms;
    2. Company obligations to Affiliate:
      1. to act in good faith and with discretion to best meet your interests;
      2. evaluate the application and notify the Affiliate of their acceptance or rejection. The Company may reject the application for any reason at their sole discretion;
      3. pay commission in a timely manner;
      4. to strive to enable the intended use of the Website, take timely measures to correct any operation faults;
      5. to timely and properly fulfill our obligations to you.
  5. Eligibility
    1. You are permitted to use our Services if you comply with all the following criteria:
      1. you have the capacity to enter into and be bound by these Terms and any other document related thereto;
      2. you are currently residing in a country that is supported by our services;
      3. in case of legal representation, you are duly authorized to enter a contractual relationship with us based on these Terms on behalf of the person you are representing;
      4. in case of a natural person, you are of the age of full legal capacity and reside in a country in which our Services are legally accessible;
      5. in case of a legal person, it is duly established and operates in a country in which our Services are legally accessible;
      6. you do not use/intend to use website for anything that is unlawful, malicious or that could disable, overburden, or impair the proper working of the Website or may hurt our reputation or otherwise pose any threat to us, At all times you comply with the Affiliate Program Terms and individual agreements thereof as well as all applicable laws and regulations.
  6. Representations and Warranties
    1. By accepting these Affiliate Terms Affiliate:
      1. confirm that the Affiliate are eligible to use our Services by complying will criteria listed in section 5;
      2. confirm that the Affiliate read these terms; commit to be bound by these Affiliate Program Terms;
      3. confirm that the Affiliate website promotes illegal activities or is intended to harass or defame any person;
      4. confirm that the Affiliate website intentionally includes variations or misspellings thereof in their domain names or otherwise violates the Company's intellectual property rights or the intellectual property rights of others;
      5. confirm that the Affiliate does not violate any laws, regulations, regulatory rules, or guidelines in connection with your participation in the Affiliate Program.
      6. confirm that the Affiliate not to engage in any behavior that is fraudulent or harmful to us or that would damage our reputation.
      7. confirm that the Affiliate understands that it is prohibited from bidding on brand-related keywords, trademarks, or any variations thereof, in any online advertising campaigns.
      8. confirm that the Affiliate must not engage in posting referral links on blogs, social networks, message boards, and forums where the discussion or content is unrelated to the services offered by the Merchant. The use of automated bots for posting comments with affiliate links is strictly prohibited.
      9. confirm that the Affiliate must not employ "Black hat" SEO marketing techniques on their website, including but not limited to keyword stuffing, invisible text, or doorway pages.
  7. Prohibited use
    1. It is strictly prohibited to use any of the for any of the following:
      1. to conduct or engage in any illegal or unlawful activity; to hide or disguise the proceeds of any illegal or unlawful activity; to engage in any fraudulent or malicious activity; to control or use an Account that is not yours;
      2. to infringe on our proprietary intellectual property;
      3. to conduct or engage in activity in a way that we reasonably believe might harm our ability to provide our Services; to engage in any other use or activity that breaches these Terms or is not in conformity with sustainable activities of the Company, ensuring of human rights, transparency, gender equality, moral and ethics, or other activity deemed unacceptable by the Company.
    2. We reserve the right, without any prior notice or explanation, to terminate an existing relationship with you if we have a reasonable doubt that the activity being carried out by that person/you is in violation of any of the prohibitions specified in this section.
    3. We reserve the right, to terminate an existing business relationship if the actions of the Affiliate contradict public order or norms of good morals,
  8. Development and Modification of our Software
    1. We reserve the right to modify the Website, its functions, and functionality at any time, according to our discretion, for its development, improvement, and other purposes. These modifications may include changes in the quantity and scope of functions, procedure for using them, and the scope of data required for identifying you. If possible, we will publish information about these changes on the Website. However, we are not responsible for any losses or inconveniences that you or any third party may experience as a result of these modifications.
    2. By agreeing to these Affiliate Program Terms, you acknowledge that the Company's performance under these terms will provide you access to various documents, processes, software, and other technologies and materials that the Company and/or its third-party partners hold all Intellectual Property Rights to. These Intellectual Property Rights include copyrights, patents, trademarks, trade secrets, and other rights in Confidential Information.
    3. All copyrights, trademarks, patents, trade secrets, and other Intellectual Property Rights related to the Services, including the systems, platforms, software, and documentation provided by the Company to you, are solely owned by the Company or the relevant third party who granted the Company the right to provide/supply them. You have no right or interest in these Intellectual Property Rights except for the right to access and use them to use our Services under these Terms.
  9. Liability and indemnity
    1. The Affiliate will be fully responsible for any costs related to maintaining or marketing the Affiliate Program, including but not limited to costs associated with creation, hosting, modification, or improvements to the Affiliate's website; cost of internet marketing; offline marketing costs; postage; and all other costs and expenses.
    2. In the event of a breach of implied warranty or condition, or any other liability that cannot be excluded, we shall limit our liability to you. Our liability shall be limited to the total amount of income earned from your affiliate marketing activities during the last three months, from the time the event occurred that gave rise to the liability claim. It is important to note that this limitation of liability is subject to the maximum extent permitted by law in the relevant jurisdiction.
    3. We hereby disclaim all responsibility for any financial losses that may arise from the modifications made by you to the Website. We would like to clarify that we shall not be held liable for any such losses, including, but not limited to, those caused by technical glitches that may result in the inability to generate affiliate links. Please be advised that it is your sole responsibility to ensure the safety and integrity of the Website while making any changes to it.
  10. Taxes
    1. As an Affiliate Services user, it is incumbent upon you to assume responsibility for settling any taxes that are relevant to your transactions. In this regard, it should be noted that the commission payable on all transactions includes VAT. It is suggested that you seek expert advice to understand the applicable tax laws and regulations, and ensure that you comply with them thoroughly.
    2. It is important to note that we do not make any representations in relation to tax liabilities. We assume no tax liability for any Affiliate and we do not accept responsibility for the tax liability of any Affiliate, nor do we take any obligation for collecting, reporting, withholding, or remitting any taxes arising from any Affiliate Services.
    3. In case we are obliged under applicable law or voluntarily decide to report to any competent authorities any information that is related with your tax obligations, you undertake to provide us with the requested documents, data and information.
  11. Complaints
    1. If you want to submit a complaint, you may do so by e-mail to [email protected]. Complaints shall be submitted (and will be responded to) in English. UAB Dyler has 30 days to respond to the claim. We commit to handling complaints fairly and promptly. If we do not resolve a Complaint to your satisfaction, any subsequent dispute between you and us shall be governed by the Dispute Resolution provisions set forth in these terms.
  12. Communication
    1. Any communication between you and us shall take place primarily via e-mails. Company does not use other means of communication, especially when the data shared can be sensitive.
    2. Notices and other communications sent by e-mails shall be deemed delivered to and received by the Party on the same Business Day it was sent (in case it is sent on a non - business Day - on the earliest Business Day).
    3. Under certain circumstances, especially in emergency cases, we may also contact you by using any other means of communication and contact details you have provided to us.
    4. You must immediately inform us about changes in your contact details. At the request of the Company, you must provide the respective documents supporting the change of any contact details. If you do not fulfill your duties referred to in this clause, the notifications communicated on the basis of the most recent details specified by you to the Company shall be deemed as duly sent and any obligation fulfilled on the basis of such details – as duly discharged by the Company.
    5. We shall not be responsible for any mistake, inaccuracy, technical defect or damage caused by incorrect, outdated Affiliate contact details and their subsequent use by us.
    6. Affiliates are fully liable for correctness of data, orders and documents submitted to us.
    7. It is your responsibility to regularly check the proper functioning of your e-mail or other methods of communication that you use to communicate with us and to retrieve and read messages relating to our Services provided to you. We shall not be liable for any loss arising out of your failure to do so.
  13. Data protection
    1. In order to provide our Services, we collect, use, store and otherwise process information about you as permitted by the legal acts of the Republic of Lithuania, the European Union General Data Protection Regulation (No 2016/679) and other legal acts.
    2. We will collect, use, store, and otherwise process information about you as described in detail by our Privacy Policy available at our website and updated from time to time, as well as other provisions of these Terms. You have to familiarize yourself with the Privacy Policy prior to executing an individual agreement for the provision of our Services. In case you find the Privacy Policy or any parts thereof unclear or unintelligible, please refer to our Data Protection Officer, as explained by the Privacy Policy, prior to executing an individual agreement for the provision of our Services and he / she will help you. By way of executing an individual agreement for the provision of our Services, you acknowledge that you have familiarized yourself with and understood the Privacy Policy.
    3. Both parties agree to implement appropriate technical and organizational measures to protect personal data against accidental or unlawful destruction or accidental loss, alteration, unauthorized disclosure or access, in particular where the processing involves the transmission of data over a network, and against all other unlawful forms of processing.
  14. Modification of the Affiliate Program Terms
    1. We shall have a right to amend these Affiliate Program Terms unilaterally by publishing the amended Affiliate Program Terms on our Website. The amendment of the Affiliate Program Terms shall come into force in 30 (thirty) calendar days upon their publication on our Website.
    2. In the event that you fail to notify us prior to the date of their entry into force, and do not end your participation in the affiliate program, you shall be regarded as having accepted the aforementioned amendments. It is crucial to note that all modifications to the affiliate program must be explicitly rejected before their effective date.
    3. Amendments shall not have retrospective effect and shall not affect any rights and/or obligations that have arisen between you and us before amendments came into effect.
  15. Coming into force, suspension, restriction and termination
    1. These Affiliate Program Terms shall come into force on the date when both Parties conclude the respective individual agreement for the provision of Services and shall remain in force until terminated in accordance with the procedure provided herein.
    2. We shall have a right to terminate these Affiliate Terms unilaterally (without applying to court) at any time and for any reason by giving you not less than 10 (ten) calendar days’ emailed notice.
  16. Final provisions
    1. Governing law. These Affiliate Program Terms and any disputes or claims arising out of or in connection with these Terms or their subject matter or formation (including non-contractual disputes or claims) are governed by, and construed in accordance with, the laws of the Republic of Lithuania.
    2. Jurisdiction. Only the courts in Vilnius, the Republic of Lithuania, shall have jurisdiction over any legal disputes arising from or in relation to these Affiliate Program Terms and individual agreements thereof.
    3. Language. Both parties agree that the language of these Terms and any individual agreements thereof as well as communication between you (or any authorized person) and us is to be English.
    4. Enforceability provisions of these Terms shall be enforceable by any other person other than you and us.
    5. Even if we delay in enforcing under these Terms and agreements thereof, we retain the right to enforce it later. If we do not insist immediately that you do anything you are required to do under Affiliate Program Terms or individual agreements thereof, or if we delay in taking steps against you in respect of your breach of these Terms that will not mean that you do not have to do those things and it will not prevent us from taking steps against you at a later date. For example, if you miss a payment and we continue to fulfill these Terms and agreements thereof, we can still require you to make the payment at a later date.
    6. Relationship of the Parties. The Parties are independent contractors and nothing in the Affiliate Program Terms and/or individual agreements thereof shall make the Parties joint venturers, partners, employees, agents or other representatives of the other Party. Neither Party shall make any representation that suggests otherwise.
    7. Invalidity. If a court finds part of these Affiliate Program Terms illegal, the rest will continue in force. Each of the sections of these Terms operate separately. If any court or relevant authority decides that any of them are unlawful, the remaining sections will remain in full force and effect.
    8. Entire Agreement. This is our entire agreement with you. These Affiliate Program Terms and any documents referred to in them, constitute the whole agreement between the Parties and supersede any previous arrangement, understanding or agreement between them relating to the subject matter they cover.
    9. The Parties may agree on additional conditions which are not provided in these Terms, by a separate written agreement. Such agreement shall become an integral part of these Terms.
    10. Transfer of Rights. You need our written consent to transfer your rights and obligations under these Terms and/or individual agreements thereof, including, but not limited to, to transfer your Account access or rights to your Account, to any third person.
    11. We reserve the right to assign our rights and obligations arising out of these Terms and/or individual agreements thereof to third parties at any time without your consent if such transfer of rights and obligations does not contradict the legislation. We will inform you of such an assignment within 10 (ten) Business Days after the assignment.
    12. Survival. Any right or obligation of the Parties in these Terms and individual agreements thereof, which, by its express terms or nature and context is intended to survive termination of these Affiliate Program Terms, will survive any such termination.
Share of gross margin paid to the Affiliate (incl. all taxes, if any):30%
Minimum amount of the fee paid:100 EUR