Affiliate Program Terms of Service

In using this Affiliate Program, you are deemed to have read and agreed to the following terms and conditions. All terms refer to the acceptance or consideration of the necessary payment to undertake the process of our assistance to the Client in the most appropriate manner for the express purpose of meeting the Client’s needs, in respect to the provision of the Company’s stated services/products.

§ 1.The following terminology applies to these Terms and Conditions

• Affiliate Program – the website, that contains offers for the affiliate to choose from and also takes care of the payments, and is available at https://affiliate.positionly.com
• Products – basic subscription plans offered by Positionly.com available at https://positionly.com/de/plans. All the plans are incorporated in the Affiliate Program.
• Partner – a natural or legal person who joined the Affiliate Program.
• New Client – a client, who registered through the Affiliate link that consists of the Identification Number (the ID of the Partner), subscribed for one of the offered plans and made a payment.
• Partnership Agreement – an agreement concerning the participation in the Affiliate Program concluded between Positionly and the Partner.
• Minimal Amount – the Partner needs to have a minimum of $50 in their account in order to generate commission.
• Affiliate Link – the link that directs the New Client to the referral Positionly trial account. It comprises the Identification Number of the Partner (the Partner’s ID).

§ 2. General rules of use

• Persons who can become Partners are natural persons; natural persons conducting business and legal persons who accepted the Agreement as well as the Conditions of the Affiliate Program.
• Joining the Affiliate Program is free of charge and voluntary.
• A Partner is not an employee or a representative of Positionly, and what follows, the partner is not authorized to sign any document on behalf of Positionly. The Partner is only entitled to present himself/herself as a member of Positionly’s Affiliate Program.

§ 3. Recommending Clients and identifying Partners

• Each Partner shall receive a unique Identification Number, which will identify him/her when using Positionly’s system.
• The Partner will be able to gain New Clients by means of sending the Affiliate Link that will direct the New Client to Positionly’s referral trial account. The Affiliate Link will assign an Identification Number to the New Client.

§ 4. Remuneration for the Partners

• The Partner will be remunerated only when the New Client receives the Affiliation Link from the Partner and further subscribes for any of the plans presented in the offer.
• The remuneration of the Partners equals 50% of the MRR made by the New Client and 5% of the value of each of the next payments made by the New Client, providing that there will be no breaks between payments.
• The commission of the Partner will be calculated the moment the payment from the New Client is transferred.
• The partner will not be paid for recommending and acquiring new Partners, as registration in the Affiliate Program is free of charge and voluntary.
• The Partner can monitor his/her earnings gained for the service on the Panel of the Affiliate Program, available at https://affiliate.positionly.com/commissions
• Commission will be transferred to the Partner’s bank account the moment they reach the Minimal Amount of $50, but not more frequently than 30 days.
• In order to withdraw the commission from the account, the Partner, who is a natural person and does not run a business, can issue a bill for a certain amount of money from Positionly, which will be attached to the Agreement. The Partner who is a natural person running a business or a legal person can issue the New Client with an invoice.
• To receive the salary from Positionly, the client must provide a properly completed and signed agreement, duplicated. The Partners remuneration will be calculated regardless of this condition.
• In case of a justified claim, a refund for the New Client Partner accrued fees will be deducted from his account status.

§ 5 Methods of Positionly plans promotion

• The Partner is responsible for all materials that appear on it’s pages, or in its promotional materials. Positionly assumes no responsibility for the content on any aspect of it’s products published off-site of Positionly.com
• If the Partner is using prices in his promotion materials, it has to be updated on a regular basis.
• The Partner is required to know the regulations of advertising and electronic services.
• The Affiliate may not promote Positionly products on sites that violate the law, on pages of pornographic, illegal software, illegal music or other content or forms which can harm the reputation of Positionly.
• The Partner will not promote products on newsgroups, forums and other public places, which is not the owner, in a manner inconsistent with the rules of that site, or calling reasoned objections of it’s participants or owners.
• It is forbidden to advertise Positionly as a Google search, using the sponsored links that refer to the reserved trademark of Positionly and it’s variations.
• If the Partner promotes Positionly, the place of promotion must be free of advertising pornographic, illegal software, illegal music or other content or form, which could harm the reputation of Positionly.
• The Partner may participate in affiliate Programs competing products, but can not promote them on the same site(s) on which Positionly is promoted.

§ 6 Security of data

• Any changes regarding personal data and bank details requires the Partner to include the changes.
• Current Partners data and the state of the account displayed on the sides of the Affiliate have to be true, so that they are not binding on Positionly.
• Positionly must inform the Partner about the facts that are not approved a part of his commission, and Positionly has to explain this fact to the Partner.
• Positionly protects the database against attacks on their integrity and content.
• The Partner agrees to send him amendments to the Rules and other useful information related to the affiliate program.
• Publication of information sent to the Partners Panel and is available in the Partner Program is not permitted, as long as the data information is not stated otherwise.

§ 7 The processing of orders

• The system recognizes partners who need to receive commission using the Partner ID number (ID).
• To view the current database of New Customers, use https://affiliate.positionly.com/customers
• To keep track of available funds, use https://affiliate.positionly.com/commissions
• To edit and view the Partner’s data, including billing information, use https://affiliate.positionly.com/settings

§ 8 Representation

• The Partner will be carefully promoting Positionly as its intended tools, taking into account, the actuality of the information it presents.
• The Partner will not offer any potential or New Customer services other than those provided by Positionly.
• If a Partner decides to answer the questions of a customer himself, he is obliged to do it in a courteous and complete way and answers all questions a customer may have. Positionly Customer Support is always ready to help in this case.

§ 9 Deactivating or deleting Partner’s account

• Failure to comply with regulations will result in the punishment of deactivating your account.
• Take any action by the Affiliate assessed by Positionly, as detrimental to sales performance and reputation Positionly, may be grounds for immediate deletion of your account and terminate the agreement with a partner.
• If the Partner starts a competitive tool, or starts working on our loss, Positionly will deactivate his account immediately.
• The deactivated account is not affected by any new funds. Redemptions accumulated so far are not erased.
• Positionly is required to inform the Partner about the deactivation of his account within 48 hours, and give specific reasons for that move.
• The Partner may terminate the relationship of Positionly’s Affiliate Program by sending a written request to deactivate his account.
• Deactivating a Partner’s Affiliation Program account and liabilities does not block the possibility of resuming cooperation in the future .
• The Partner has the right to go to Positionly to re-activate the account. Positionly reserves the right to reject such requests after the explanation of the decision.

§ 10. Exclusion of liability and Terms And Conditions updates

• Positionly may make changes to the services, charges or conditions and it may introduce new services, charges or conditions. Positionly will inform all Partners about the updates.
• Current and valid Terms And Conditions document are available at the website https://positionly.com/de/terms-of-service