This agreement aims to regulate the agreements concluded between TOP WORK S.R.L, society registered in the book of society in San Marino, n.7362, with the headquarter in Dogana, 99, Consiglio dei Sessanta Road, and the Affiliates, whose biographical data are stated in the affiliation request.
TOP WORK S.R.L. created an affiliation platform online (Affiliation Platform: a website where there is a public area and a private area accessible only through access credentials given to the affiliate), available to the address https://www.betaffiliation.com/, where the affiliate can access to a great number of marketing campaigns, divided according to sectors. Filling in the affiliation request and clicking on ACCEPT the requester declares to having accepted the terms and conditions. If the terms and conditions are not accepted, Top Work S.R.L won’t fulfill the request.
In order to present a request of affiliation to BETAFFILIATION you need to be owner of websites or web pages where the advertising campaigns of bet affiliation can be promoted. It is forbidden to affiliate for under-18s.
This agreement regulates terms and conditions of the promotion done by the affiliate, for which he will be given a commission according to the traffic created.
ART.2) APPROVING THE AFFILIATE
Top Work will consider the affiliation request and it will inform the user about its approval status. The society can also refuse the request, without giving any reason.
The Affiliate states that:
a) he has the right age to conclude an agreement;
b) he has the right skills to conclude an agreement of affiliation;
c) he will observe all the rules and the laws regarding the promotion. Furthermore, the affiliate declares to accept the terms and conditions of the agreement.
ART.3) DUTIES AND RESPONSIBILITIES OF THE SOCIETY
Top Work has to give the affiliate all the info needed to implement the link and/or the affiliate ID for the clients’ registration. The society has to : a) manage the turnover created by the link and/or the Affiliate ID, register the incomes, register the total amount earned through link and affiliate ID; give to the affiliate all the report and stats on the commissions and manage all the services regarding the society.
The society will give to the affiliate an account in order to access to his personal area on the Affiliation Platform, through which the affiliate can create links and code. Those code will be used to identify the registrations of new clients linked to the affiliate.
However, society won’t be responsible if a client linked to the affiliate can’t be identified through affiliate ID as coming from the affiliate’s website, if the affiliate didm’t give his consensus for the traking (ex. cookie), or in any case in which the affiliate didn’t respect any law regarding the treatment of his data.
In this case, the society won’t be responsible for any claims from the client, and it will have the right not to pay commission and/or try to regain any kind of commission.
The society has to pay to the affiliate the commission based on the chatter and on the earnings, with due respect to the terms and conditions of this agreement.
The society can refuse any client of the affiliate, delete di account and also delete the amount of money owed for those account. Furthermore, the society can adopt any kind of measure in order to preserve the interests of the society itself.
Top Work will informa, through newsletter, all his members about new campaigns, giving detailed information about terms and condition.
Furthermore, Top Work s.r.l. will give the affiliate all the marketing tools, such as links through the email [email protected] or on SKYPE with the following live contact betaffiliation.
Top Work s.r.l., in order to guarantee full transparency, will five detailend info to the affiliates. The commissions will be calculated according to the stats and report of Top Work S.r.l. and they will be daily updated.
The society tries to make the platform work properly. Hence, in case of malfunction Top Work S.r.l. will tell his affiliates and will try to save the problem. However, if the malfunction didn’t depend on the willing of the society, Top Work S.r.l would not be responsible.
ART.4) DUTIES AND RESPONSIBILITIES OF THE AFFILIATE
The affiliate guarantees that:
a) he will try to do his best in order to advertise and promote the most updated version of the links in order to optimize the advantages for both parts and that he will respect the rules of the society;
b) he will give the society all the info, data and so on and so forth in order to guarantee the supervision of the website, so that the society can check everything, as stated in the agreement;
c) Direct clients to the website of the society at his own expense;
d) use the given link and create links and codes; otherwise, the society won’t be responsible for the correct registrato of the clients and for the recording of the incomes;
e) that he will do marketing online only through methods approved by society. If some banner were used in a website unauthorized by Top Work S.r.l, the affiliate would be banned and this can lead to the dissolution of the agreement. Any kind of action that is not expected by the marketing campaign, has to be authorized by the society. In particular, Top Work s.r.l. prohibits the promotion of the advertiser’s website through e-mail, unless it is authorized by Top Work S.r.l. When the email is been authorized, the affiliates will states that it is done on a opt-in basis, in accordance with the law.
f)he will comunicate with potential clients without the society knowing it; in this case, every kind of complaint will not be addressed to the society but to the affiliate.
g) he will take the responsibility for the development, the management and the maintenance of his own website, as well as for any kind of item posted on his website.
The affiliate has to:
a) respect all the rules and laws against misconduct and corruption;
b) not use incentiverà in order to make users register on betaffiliation;
c) not use online traffic, that can be identified by the control and safety measures of Top Work s.r.l.
d) not use dishonest manners that lead to the abuse of bonus offered by the worker of betaffiliation;
e)respect all the national and international laws, here in the agreement, knowing that the society is not responsible for any kind of violation of them.
The Affiliate must not:
a) commit an indecent, discriminatory, defamatory act or post on his own website sexually explicit or violent materials. b)communicate with under-18s or offer gambling to them.
b) create traffic through illegal methods: sending spam, using wrong meta tags, registering Clients, or in any other way that increases the commissions at the expense of the society. ( the affiliate can’t own more than one account of affiliation);
In case those rules are violated, the agreement will be broken down, without telling the affiliate in advance. After that, Top Work s.r.l. won’t pay any commission can ask for the repetition of what the affiliate illegally earned. The society can also, if the violation is of great significance, take legal steps.
ART. 5) INTELLECTUAL PROPERTY
The affiliate promoting on their websites their brand won’t have any intellectual property right on it. During the campaign, Top Work S.r.l gives its affiliates the non-esclusive rights to use the brands and the names of the worker with commercial purposes. No part of this agreement constitutes licensing, assignment, possession or transfer of intellectual properties. The same rules matter also for the possession and for the assignment of license, brands, copyrights and database.
ART. 6) COMMISSIONS AND PAYMENTS
Top Work s.r.l. will give the affiliate a commission calculated according to one of the following methods:
1) CPA(steady): the model Click Acquire, allows a steady income for each sale.
2) REVENUE SHARE: this model allows to calculate the commission through a percentage realized taking into account the income created by the users addressed by the affiliate to a promotional campaign.
3) HYBRID: combination of the previous two.
Top Work s.r.l. tracks every user and according to the info collected and the traffic created, the commission to the affiliate is given.
The commission will be calculated by the fifteenth day of the next month, or on the first working day after the fifteenth. Top Work s.r.l. will issue the invoices by 30 days after the issue of the monthly balance sheet. Once had the balance sheet, Top Work s.r.l. will send to the affiliates an email including all the detailed info about the invoices.
If the owed balance is less than the minimum threshold required by the affiliation program, it will be issued the next month.
No money will be given to the affiliate by the society after the dissolution of the agreement.
ART. 7) AGREEMENT ENTERING INTO FORCE
ART. 8) MODIFYING A WEBSITE
Any kind of change in the affiliates’ websites, regarding also the location of hosting, the sizes,the purposes, the updates, will not affect the affiliation platform of Betaffiliation without preventive authorization of the Top Work s.r.l.
The society is not responsible for any kind of contractual and civil matters, that lead to low income, corruption, and loss of data or any other kind of problem. As well, the society is not responsible for loss of money due to natural causes, such as lack of electricity, and for any other kind of problem caused by a third party.
ART.10) DURATION, TERMINATION AND DISSOLUTION OF THE AGREEMENT
This agreement is valid from the day it is stipulated, accepting terms and conditions. It has no deadline, unless there is a termination or a dissolution.
The parties can withdraw from the contract, when there is a worthy cause, notifying it 15 days before with a registered letter through PEC.
Top Work s.r.l. can terminate the agreement unilaterallty, telling inevitably the affiliate,but without giving any reason. To the affiliate all the commissions until the day of the termination will be given. After that, the affiliate can’t ask for any compensation.
The Parties state that, with the termination of the agreement: a)the Affiliate will have to remove from his website any link to the society; b) The affiliate will lose all his rights and licenses, and he will use no more any brand,logos or any other sign belonging to the society; c) The Affiliate will be given only the commissions earned until the day of the dissolution of the agreement.
The affiliate has to give back, after a request by the society, all the confidential info(and its copies) belonging to him. The affiliate will dismiss the society from all the duties and responsibilities risen after the dissolution. However the affiliate will be responsible for any kind of violation of the agreement committed before the day of the dissolution.
ART.11) INTERPRETATION OF THE AGREEMENT
Whenever it is possible, every sigle part of this agreement has to be interpreted so that it is valid for the applicabile law. If any part of the agreement is considered invalid, it will be invalid ONLY in that situation, without invalidating any other part of the agreement.
ART.12) TREATMENT OF PERSONAL DATA
In order to fulfill the duties described in this agreement, this authorization count also for the staff that manage the treatment of personal data. Those mustn’t spread or disseminate to a third party, and data need to be managed according to the Privacy regulation. The Parties are autonomous holder of the treatment of the personal data and they respect the privacy regulation. The Parties need to exchange the data requested by the agreement. They must respect the Privacy regulation and all the other measures needed. They declare to know the Privacy regulation and they will make use of reliable staff in order not to disseminate personal data. Each and every party take responsibility of any kind of violation of the Privacy regulation, committed by any kind of person that belongs to the staff.
In particular, Regarding the management od personal data and cookies, Top Work s.r.l. takes inspirato from what is stated in this link https://onetag.net/privacy/ and operates respecting the new UE rule n. 679 del 04.05.2016, called General Data Protection Regulation (GDPR) come into effect on the 25th of may 2018.
ART.13) CONTRACTUAL CHANGES
Top Work has the right to update and modifythe agreement whenever it is needed, telling the affiliate in advance, taking into account what is currently stated in the agreement itself.
ART.14) APPLICABLE LAW AND JURISDICTION
Any kind of problem linked to the interpretation, stipulation, execution and sospensione of the agreement, will be solved friendly by the Parties. If a solution can’t be found after 30 days from the day when one of the party sent a registered letter A/R, the only Court in charge will be the one in San Marino.