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Terms and Conditions – Coinfinity Card Wallet Affiliate Program

Version from 1st February 2019

 

Preamble

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 Affiliate acknowledges the acceptance of the Terms of Use by having checked the box stating “I agree to the terms of service” and having clicked the “Sign up now” button, thereby assenting to these Terms of Use between Coinfinity and Affiliate (also referred to as “Agreement”).

 

1. Definitions

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.

5. “Affiliate Interface” means the login-protected website that provides the Affiliate with reporting on activity and commissions, account and service management, and access to the Terms of Use, as it may be updated from time to time.

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.

2. Coinfinity reserves the right in its sole discretion to modify, amend or change these Terms of Use at any time. Coinfinity will send to the Affiliate the amended Terms of Use by email. If, after 14 days following such a notice, the Affiliate continues to participate to the Coinfinity Card Wallet Affiliate Program, the amended Terms of Use shall be deemed approved by the Affiliate.

 

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.

6. Affiliate must not interfere or disrupt any other person from using the Linked Website, including but not limited to by transmitting any worms, viruses, spyware, malware or any other code of a destructive or disruptive nature, or in any other manner encourage or facilitate violations of these Terms of Use.

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

1. Coinfinity undertakes to execute payments to the Affiliate in accordance with these Terms of Use.

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.

 

5. Remuneration

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.

6. No payment will be made for (i) Transactions carried out further to Artificial Traffic and/or (ii) Transactions carried out in violation of any provision of these Terms of Use and in particular of article 3 and/or (iii) Transactions of more than 5 Coinfinity Card Wallets which seem to be irregular to Coinfinity.

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

1. Coinfinity shall not be liable for costs and damages incurred by the Affiliate arising out of this Agreement unless caused directly by the negligence of Coinfinity in providing its service. In the event that Coinfinity is liable for any of the aforementioned costs or damages, in no event shall Coinfinity’s cumulative liability exceed the payments made to the Affiliate pursuant to these Terms of Use. Coinfinity shall not in any circumstances be liable for indirect or consequential damages and costs incurred by the Affiliate for any reason whatsoever.

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

1. These Terms of Use shall be effective upon Affiliate’s sign-up as a Coinfinity Affiliate and shall remain in effect until terminated.

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.

3. If Affiliate’s participation in the Coinfinity Card Wallet Affiliate Program is terminated by either party, Coinfinity will pay any outstanding amount due to Affiliate on the next following payment date (except for the payments which are not owed to the Affiliate on the basis of article 5.6 of these Terms of Use).

4. Coinfinity is entitled to terminate the Agreement and/or suspend the Affiliate from the Coinfinity Card Wallet Affiliate Program, with immediate effect, (i) if the Affiliate acts fraudulently or illegally in any way, (ii) if the Affiliate generates or tries to generate Artificial Traffic, or (iii) if the Affiliate in any other way breaches any of the provisions of these Terms of Use and in particular but with no limitation article 3.

 

8. Indemnity

1. The Affiliate (and any third party for whom the Affiliate operates a website that links to the Linked Website) shall indemnify, defend and hold Coinfinity and each of their officers, directors, members, employees, affiliates, subcontractors and agents harmless against any claims, losses, damages, expenses (including reasonable attorneys’ fees) arising out of or relating to Affiliate’s participation in the Coinfinity Card Wallet Affiliate Program, including but limited to Affiliate’s breach of these Terms of Use, actual or alleged infringement of a person’s intellectual property rights, the contents of the Affiliate's website, any incorrect information given to Coinfinity by the Affiliate, Affiliate's improper, negligent or unauthorized use of Coinfinity’s service and technical problems or loss of data caused by the Affiliate on Coinfinity’s website, or any promotion related to Coinfinity products that you administer on your website or any other platform. You will cooperate as fully required by Coinfinity, as applicable, in the defence of any such claim. Coinfinity reserves the right to assume the exclusive defence and control of any matter subject to indemnification by You, and You will not settle any claim without the prior written consent of Coinfinity.

 

9. Assignment of the Agreement

1. The Affiliate may not assign or transfer his rights or obligations under these Terms of Use in whole or in part to any third party without the prior written consent of Coinfinity. The Affiliate acknowledges and agrees that Coinfinity may assign its rights and obligations under these Terms of Use and share or transfer information provided by the Affiliate during sign-up or Affiliate sales statistics to a third party.

 

10. Intellectual Property Rights

1. Affiliate acknowledges and agrees that Coinfinity owns all copyrights, trademarks, know -how or any other intellectual property rights connected to the Coinfinity Card Wallet Affiliate Program, including but not limited to the content of Coinfinity’s website, or software necessary for the Affiliate’s participation in the Coinfinity Card Wallet Affiliate Program. The Affiliate does not acquire any intellectual property rights, licenses or any rights whatsoever under these Terms of Use other than to use links to Linked Websites in accordance with these Terms of Use.

 

11. Miscellaneous

1. Any provision of these Terms of Use that contemplates performance or observance subsequent to termination or expiration of these Terms of Use, including but not limited to your indemnity and the limit on Coinfinity’s liability, shall survive termination or expiration of this Agreement and continue in full force and effect.

2. The sole relationship between Coinfinity and the Affiliate shall be that of independent contractors and nothing in these Terms of Use shall constitute or be interpreted as constituting or creating a subordination relationship or a joint undertaking. In particular, neither of the parties shall be able to purport, based on these Terms of Use, that it is an agent, a representative or an employee of the other party, or that it may bind the other party, in any manner whatsoever.

3. If any provision of these Terms of Use or part thereof should to any extent be or become invalid or unenforceable, such provision shall be deemed separable from the remaining provisions of these Terms of Use and shall not affect or impair the validity or enforceability of the remaining provisions of these Terms of Use. No waiver by Coinfinity of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Coinfinity to assert a right or enforce provision under these Terms of Use shall not constitute a waiver of such right or provision.

 

12. Applicable Law and competent jurisdictions

1. This Agreement shall be governed by the laws of Austria.

2. Any dispute regarding the validity, interpretation, execution, termination, or nullity of these Terms of Use, or the breach of the business relationship, will be exclusively settled, if it cannot be resolved amicably, by the courts within the jurisdiction of the Court of Appeal of Graz (Austria), even in the case of plurality of defendants or of call in guarantee.