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Affiliate terms

Last updated: 17 October 2014


1. PREAMBLE 

These special program terms are in addition to the general terms & conditions of the Sparkol Affiliate Program. These special conditions also govern obligations of Sparkol Affiliates.

2. DEFINITIONS 

The following terms are defined for the purposes of this agreement between Sparkol and the Affiliate:

Account: Any valid, active Sparkol account created at www.sparkol.com or through one of Sparkols products either online, desktop or on the iPad.

Site Visit: a visit to Sparkol after a User voluntarily and knowingly clicks on a tracking link for the Sparkol Affiliate Program and is directed to the Sparkol website. Determination of valid site visit is based on the Sparkol transaction log system and verified by Sparkol with reasonable discretion.

Valid Sale: a sale is valid when a User either upgrades to a Sparkol Pro account or creates a new Sparkol Pro account and a valid payment is cleared through PayPal. Valid sales are determined like valid visits using the Sparkol transaction log system and verified by Sparkol with reasonable discretion.

Tracking-Link: employed by the Sparkol Affiliate programme for use by the Affiliate such that the Affiliate may present content on its website identifying reference to the Sparkol website. The link is used exclusively by Affiliates in its unchanged form.

Tracking-Cookie: with a valid click on a tracking link, a tracking cookie is downloaded on the User’s computer if permitted by the browser settings. The tracking cookie contains information about the affiliate and, through the Sparkol transaction log system, can be used to retroactively credit the valid sale of an Affiliate.

User: any natural person who voluntarily and knowingly, without coercion or deception from the Affiliate or third-party compensation, either visits the Affiliate website, gets an email from the Affiliate or is recommended by the Affiliate and, subsequently through a tracking link, the Sparkol website.

Contract Products: Signing up to a Sparkol Pro account for either a monthly subscription or a yearly payment.

Sparkol-Site: is the specified URL of Sparkol Limited trading as Sparkol, pointed to by the Affiliate tracking link, under which Sparkol sells contract products and promotions online per the general terms of the Affiliate programme.

3. REMUNERATION

3.1 Sparkol pays remuneration for Affiliate services, the amount to be determined by the current compensation of this agreement.

3.2 The remuneration referred to in the compensation equals net price plus value added tax, where applicable.

3.3 Only the first payment from a Sale is eligible for compensation and is a one­-off single payment based on the current compensation for either a monthly or yearly sign­up.

3.4 Sparkol determines amount of compensation according to market conditions, with reasonable discretion. Changes in remuneration occur at the beginning of the calendar month with a prior notification period of two weeks.

3.5 A payment claim occurs when a Sale has been made, including all payment cleared and no refund requested within the 20‑day cooling off period. The payment will be made the following month via the Affiliate specifying a valid PayPal account.

3.6 Payment may take up to 40 days from the day of sale to reach the Affiliate's PayPal account.

4. TRACKING AND REPORTING

4.1 The placement of tracking cookies occurs only after a valid User clicks on a Sparkol advertisement or email link which takes the User to the destination website through a hyperlink. Sparkol reserves the right to allow individually selected Affiliates exemption from these tracking cookies. Any registration differing from paragraph 8.2 of this agreement requires a separate written consent from Sparkol.

4.2 The duration of the tracking cookie is 14 days. Per the requirements of Section 8.2, a tracking cookie can only be overwritten by a new cookie (“last cookie wins” logic).

5. RIGHTS OF THE AFFILIATE 

5.1 Mediated contracts for products are exclusively between the Customer and Sparkol. Sparkol reserves the right to refuse Customers from the Affiliate programme.

5.2 The Affiliate is not entitled to accept offers, make or answer statements, or act on behalf of Sparkol.

5.3 Contract design and settlement with the End Customer is the sole and absolute decision of Sparkol. If the contract with the End Customer, through acts or decisions of Sparkol, is prematurely terminated or otherwise not fully implemented, the Customer will have no right to objections or claims regarding possible recovery of compensation.

6. OBLIGATION OF AFFILIATES TO SPARKOL

6.1 The Affiliate is under obligation, using all technical possibilities, to design and present its emails and website, including all entries in search engines, directories, and link lists, to third parties in such a way that only valid User clicks and/or valid sales are generated on the Sparkol website.

6.2 Sparkol provides the Affiliate with the required tracking links together with the URL of each page of the site. The provided advertising materials may only be used on the websites of Affiliates. The use of this advertising is only permitted in connection with this agreement. Any disclosure of information or advertising to third parties is not permitted.

6.3 The linking of advertising material shall be allowed only on defined Sparkol landing sites (so-called “landing pages“).

6.4 In addition to paragraph 6.2, the use of names, registered and unregistered trademarks, service marks, and/or logos of Sparkol is generally permitted only if the Affiliate receives prior consent from Sparkol. In particular, the Affiliate is not permitted to use the brand called "Sparkol", even in a modified spelling, as part of a domain or subdomain. The Affiliate is obligated to ensure its website does not violate intellectual property rights, including copyrights, as well as any applicable laws pertaining to data protection.

6.5 The use of the name, registered and unregistered trademarks, or service marks of Sparkol in search engine marketing is not permitted. The advertising of branded keyword “www.sparkol.com” with the visible URL, other Sparkol business domains, and so-called “Keyword Typos” are not permitted. Moreover, it is not permitted to link directly from search ads to the Sparkol site.

6.6 Regarding the optimization of its website, the Affiliate must comply with relevant guidelines of search engines, especially for pages which link to the landing page of the Sparkol Affiliate programme. Any techniques performed only for the purposes of improving the search engine ranking of the Affiliate site or which are misleading to the User, or which are of no use are prohibited. The uses of special hidden text or links, irrelevant keywords, unnecessary repetition of substantially identical content on multiple pages or under subdomains and domains, and “doorway pages” that are optimized for search engines (“cloaking”) are inadmissible in this context.

6.7 The sending of e-mails by the Affiliate with advertisements for Sparkol is permitted only in accordance with legal requirements.

6.8 The Affiliate is obligated to include an Affiliate ID with business offers. The Affiliate is obligated to ensure its website is in accordance with all laws regarding consumer protection. Violence, sexually explicit or pornographic content, discriminatory statements and representations with respect to race, sex, religion, nationality, disability, sexual orientation, or age are not allowed on the website of the Affiliate and/ or in connection with participation in the Affiliate programme. In particular, advertising without permission on sites that distribute royalty-proprietary content such as music or videos (for example, P2P sites or file-sharing services) is prohibited. The design of the Affiliate website is not permitted to negatively affect the reputation of Sparkol or the reputation of its goods, services, brands or business activities.

6.9 Sparkol is intent on conveying a clear brand image for its End Customers. The Affiliate is not permitted, without written consent from Sparkol, to tie in and/or combine Sparkol products with its own offers or offers from third parties and advertise or offer them as retail items to the End Customer.

6.10 An Affiliate is not permitted to load the Sparkol site in an iFrame within its website.

6.11 The above provisions also apply to Affiliate referrals through links to third-party sites.

6.12 The Affiliate can place the tracking link for the Sparkol site on its website at any time in any number. Sparkol may, however, require Affiliates to change the placement of the tracking link if it affects the reputation of Sparkol business activities, goods or services, or the Sparkol brand name.

7. CONFIDENTIALITY 

7.1 Unless otherwise provided for in this agreement or without written consent of the other party, all information which the collaborating parties contribute to this transaction, including the rules of the agreement, commercial and financial information, customer and vendor list data, and pricing and sales information, is treated as strictly confidential.

7.2 Under this agreement, information gained about Customers/Users may only be used for billing purposes by Affiliates of Sparkol. Other uses, particularly for marketing or sales purposes, are not permitted.


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