Terms and Conditions – Coinfinity Card Wallet Affiliate Program
Version from 1st February 2019
The following terms, entered into by and between “You” (or the “Affiliate”) and Coinfinity GmbH (“Coinfinity”), govern Affiliate’s participation in a marketing program that allows the Affiliate to earn commissions on sales of Coinfinity products initiated via links the Affiliate has placed (within the terms of the “Coinfinity Card Wallet Affiliate Program”).
The following terms when used in this Agreement shall have the meanings described below:
1. “Artificial Traffic” is a collective term for invalid Clicks and Transactions, which may originate (for example and without limitation) from automatic openings, spiders, robots, requests in email or chat rooms, script generators and Clicks which are not generated by a browser, Clicks which are not preceded by an active act of a Visitor who wants to reach a certain website.
2. “Click” means a click by a Visitor on a link the Affiliate has placed connecting to a Linked Website.
3. “Linked Website” (e.g. https://www.cardwallet.com/, https://coinfinity.co/, https://www.bitcoinbon.at/, but not limited to these websites) means a website, featuring Coinfinitys products and administered by Coinfinity, which is connected to a Link.
4. “Link” means a link as provided by Coinfinity to the Affiliate, redirecting towards a Linked Website and placed by the Affiliate on a website he owns or a third-party website.
6. “Traffic” is a collective term for valid Clicks and Transactions.
7. “Transaction” means a Visitor who has connected to a Linked Website through a Link and who has purchased a Coinfinity product featured on the Linked Website.
8. “Visitor” means any person who connects to a Linked Website via a Link.
2. The Service
1. Upon sign-up, the Affiliate shall be allowed to place Links and becomes authorized to receive commission payments for sales of Coinfinity products to Visitors who purchase through the Links, on the Linked Website.
3. Obligations of the Affiliate
1. Affiliate is solely responsible to ensure that the websites used to place Links in conform at all times to all applicable laws, rules and regulations, including but not limited to any copyright laws.
2. If You are an individual, You represent and warrant that you are at least 18 years of age. If You have not reached the age of 18, You are not allowed to enter the Coinfinity Card Wallet Affiliate Program.
3. You represent and warrant that the information furnished to Coinfinity about Yourself is true, accurate, current and complete and you agree to update Your information on the Affiliate Interface as necessary to maintain its truth and accuracy. You must notify Coinfinity immediately of any changes in the information by updating the information on the Affiliate’s Interface.
4. You represent and warrant that either the rights to all information and content on the website you place Links in belong to You or that the owner of the website has given permission to such publication. You also represent and warrant that the information on the Affiliate's website do not infringe any rights of third parties, including intellectual property rights, and that such information and productions are, and shall not be, offensive or prohibited.
5. Affiliate must not in any way generate or contribute to generating Artificial Traffic to Linked Websites.
7. Affiliate must notify Coinfinity immediately of any known or suspected improper or wrongful use of Your Links to the Linked Websites and/or to the Coinfinity Card Wallet Affiliate Program or of Coinfinity's service in any way whatsoever.
8. Affiliate will not engage in typo-squatting or own a typo domain in conjunction with “Coinfinity” (e.g., the Affiliate’s domain names must not include or use “Coinfinity or misspellings of "Coinfinity"). Misspellings of domain names include those with missing or extra characters and wrong character sequences.
9. Affiliate must not own or place Links in a domain which includes the trademark of Coinfinity.
10. Affiliate must not operate or utilize a website, or email a Link to such a website which contains or promotes any of the following types of content: illegal, violent, libellous, defamatory, obscene, abusive, hacking, bigoted, anti-brand messaging or that offer illegal goods or services.
11. Affiliate must not use or place Links on copycat sites, sites under construction, doorway pages, sites or pages with automatic redirect.
12. Any content or images used from Coinfinity websites must be expressly allowed for use by Affiliate partners in the Coinfinity Card Wallet Affiliate Program.
13. Affiliate must not place Links in spam or unsolicited commercial emails. The Affiliate warrants the following: (a) each addressee on an e-mail list has opted-in to receive e-mails from the Affiliate; (b) upon request the Affiliate will provide verified opt-in status for recipients of mailing lists used to promote Coinfinity products; (c) each e-mail sent by the Affiliate must contain instructions to unsubscribe from receiving future emails. Affiliate's e-mail address must be included in all Affiliate e-mails. The Affiliate must not use the Coinfinity brand name or misspellings in the “From” address line.
14. If Affiliate places the Links into a visual, such visual shall (i) comply with the Coinfinity’s brand universe, (ii) not contain any illicit or degrading content and (ii) comply with any instruction provided by Coinfinity to the Affiliate in writing or verbally from time to time.
15. Affiliate must not use adware/malware to place Links in.
16. Affiliate must have prior written permission from Coinfinity before (i) bid for search engine traffic using the Coinfinity brand keywords “Coinfinity”, “Card Wallet“, “Bitcoinbon” or similar terms, or any misspellings of them, and (ii) place Links on Search Engine Advertising platforms such as Adwords or Bing. Affiliates must endeavour to ensure that websites on which he placed Links in remain below Coinfinity’s own paid search ads at all times on Search Engine Advertising platforms.
17. Affiliate is not allowed to place Links on couponing or cash back sites.
18. In order to receive the commission payments for the accomplished Transaction, the Affiliate shall issue an invoice in respect of the services performed and duly fulfilled by the Affiliate. Guidance how to issue an invoice correctly can be found here: https://www.wko.at/site/mehrsprachige_info/Requirements_for_an_invoice.html.
19. At the end of each year, the Affiliate will issue an invoice in respect of the services performed and duly fulfilled by the Affiliate regardless if the conditions in 5.4 are fulfilled or not.
20. Affiliate must not purchase Coinfinity products through any Links in order to try getting a discount / retro-commission.
21. When placing the Links into a content (banners, emails or other advertising formats), the Affiliate must ensure that this content is not misleading, aggressive or unfair, as provided by Directive 2005/29 dated 11 May 2009. In particular, Affiliate shall ensure that information on the Coinfinity products, their prices or any applicable discounts, strictly complies with the last information provided by Coinfinity to the Affiliate. Affiliate warrants Coinfinity against any claim from any third party regarding such content.
22. Affiliate must use the Links only in the form in which they are provided by Coinfinity and, in particular, must not use URL reducers when placing the Links in.
23. In order to deviate from any of the Affiliate obligations as defined by this Agreement, Affiliate must have prior written permission from Coinfinity.
4. Obligations of Coinfinity
2. Coinfinity records the Transactions. The Affiliate acknowledges and accepts that the statistics compiled by Coinfinity are binding and shall serve as official and definitive data between the parties, except where the Affiliate can prove that such statistics are not accurate and correct.
1. For each Transaction, the Affiliate will earn a 10% commission of the sales price (after applied discounts, VAT and delivery costs excluded) as actually paid by the Visitor.
2. A Transaction is considered valid when a Visitor concludes a payment according to Coinfinity’s payment instructions and the right of withdrawal has expired. In case the Visitor cancels his order or requests a refund for any legitimate reason, after Coinfinity paid the Affiliate for its commissions owed in connection with such orders, the amounts paid to the Affiliate on the basis of these orders will be deducted from the next payments owed to the Affiliate.
3. The commission rate may be changed by Coinfinity with 14 days notice with effect from the 15th day (or at a later date if so specified by Coinfinity).
4. Payment of remuneration can be issued by the Affiliate if, prior to the payment date, the sum of the commission on Transactions exceeds the “Affiliate Minimum Payment” threshold of 25 EUR and a minimum of 2 orders has been generated since the creation of the Affiliate account.
5. Subject always to the Sections 3 (18) and (19), payments will be made in bitcoins or wire transfer, by Coinfinity, depending on the payout method you have choosen. The Bitcoin amount owed to the Affiliate will be calculated on the basis of the Euro - Bitcoin conversion rate set out by Oanda (https://www.oanda.com/lang/de/currency/converter/) and is applicable on the day Coinfinity wires the payment.
7. No payment will be made before the Affiliate is registered as an Affiliate by Coinfinity and before an Affiliate has complied with the provisions outlined in the Sections 3 (18).
8. If commissions on one or more Transactions cannot be paid to the Affiliate within six (6) months after the Transaction date due to no fault of Coinfinity (e.g., because the Affiliate has not provided correct Bitcoin address details or banking details), the respective Transactions will be declined.
9. The Affiliate is solely responsible for the payment of all taxes for payments made to him within the Coinfinity Card Wallet Affiliate Program.
10. In order to issue the correct credit note, each Affiliate has to declare if he is operating as a private citizen or as an entrepreneur and if you are an entrepreneur, if you take advantage of §6 Abs 1 Z 27 UStG [Kleinunternehmer-Regelung].
6. Limits on Coinfinity's Liability
2. Coinfinity will not be liable in case of failure of the Linked Websites, interruptions in the accessibility to the Linked Websites, infringements on data or loss of data on the information handling system, defects in the security system or viruses or other harmful software components in the Linked Websites or for any damage caused by viruses or components to the Affiliate’s software and/or the Affiliate's website. Coinfinity shall not be liable for any error in the implementation of the Links the Affiliate places on websites or for the specified function of the Links.
3. The Affiliate is solely responsible for the use of its login IDs and password created for its participation to the Coinfinity Card Wallet Affiliate Program.
7. Terms and Termination
2. Both parties are entitled to terminate this Agreement at any time, subject to a sufficient prior notice, by email. The Affiliate must cease to use the Coinfinity Card Wallet Affiliate Program immediately upon the termination of this Agreement and delete all Links the Affiliate has placed on websites.
9. Assignment of the Agreement
10. Intellectual Property Rights
12. Applicable Law and competent jurisdictions
1. This Agreement shall be governed by the laws of Austria.