Terms and Conditions
This Affiliate Terms and Conditions Agreement (the «Agreement») is entered into by and between you (the «Affiliate») and Poleaxe OU, spletne storitve, d.o.o., doing business as Datify.link (hereafter « Datify.link »). By joining the Datify.link Affiliate Program (hereafter “Program”) you are expressing your acceptance of this Agreement, and said acceptance is evidenced by your clicking on the «Sign Up» button on the sign-up page.
2. Affiliate rights
Datify.link puts the best efforts to develop the quality of our product and offer services for Affiliates to use on their websites. In order to assist Affiliates in promoting these products and services, Datify.link has developed proprietary content and marketing systems to assist the Affiliate in making sales on Affiliate websites. In order to use these proprietary content and marketing systems, Datify.link grants the Affiliate each of the following rights:
2.1 The nonexclusive right to use the proprietary content and marketing systems of Datify.link to help generate sales of Datify.link products and services.
2.2 Datify.link grants the Affiliate a limited, nonexclusive, nontransferable and fully revocable license to access, use and install website skins, promotional banners, links, images, videos, product and service content and other promotional materials created, owned or licensed by Datify.link (collectively referred to as the Marketing Materials) for use on Affiliate Websites for the sole and exclusive purpose of advertising, marketing or promoting Datify.link products and services. Within these guidelines, the Affiliate may use these Marketing Materials on Affiliate websites as desired.
2.3 Datify.link owns and retains all rights, title, and interest in and to its intellectual property, copyright, trademarks, patents, and in the Marketing Materials and any other content provided by Datify.link. Upon termination of Affiliate participation in the Program and/ or termination of this Agreement, the grant of right and license set forth herein, shall cease and terminate, and the Affiliate’s right to use the Marketing Materials shall immediately cease.
2.4 The Affiliate is not authorized and shall not change product and service names, trademarks, service marks, design logos, or any Marketing Materials except with specific permission from Datify.link, for any purpose other than as expressly set forth herein or in any modification to this Agreement by Datify.link. The Affiliate further acknowledges and agrees that any such change will be a material breach of this Agreement and may result in your account being terminated and all money due forfeited.
3. Commission and payment condition
3.1 Datify.link will pay the Affiliate a commission (Commission) for each action generated from a banner or link posted on Affiliate websites as follows (Qualified Actions). For all Affiliate Programs where the payable action is a sale (Cost Per Sale “CPS”) we reserve the right to do the following: if an Affiliate is paid for a given action, but the respective sale is refunded afterward, we can deduct the Commission amount paid for this action from any future Commission due to the Affiliate.
3.2 Datify.link pays out Commission to the Affiliate after newly generated account reach 30 (thirty) Qualified Actions. After Affiliate`s account reach 30 (thirty) Qualified Actions, Commission payments would be made on the daily basis. Wire transfer can be used if the Commission amount exceeds $500. If the commission amount is less than $500, to receive their payment an Affiliate can choose between other available payment methods: Bitcoin BTC - if the commission amount exceeds 100$, VISA/MC UAH - if the commission amount exceeds 10$, VISA/MC RUB - if the commission amount exceeds 10$, Qiwi RUB - if the commission amount exceeds 10$, Webmoney WMZ - if the commission amount exceeds 30$, PayPal USD - if the commission amount exceeds 50$.
Accounts with a balance of less than the minimum balance will roll over to the next payment cycle and will continue to roll over until the minimum balance is reached. We reserve the right to chargeback to your account any previously paid Qualified Actions that are later determined to have not met the requirements to be a Qualified Actions. Affiliates are independent contractors and the relationship between the Company and the Affiliate is not one of employment relationship. The Affiliate is solely responsible for any taxes or social security costs due as a result of any payments received from the Company. You understand and agree that, if at any time we believe your account has been compromised, or this Agreement has been, or may have been breached, we reserve the right to withhold making any payment to you until such time as we have concluded our investigation and you agree to fully co-operate with any investigation at your own cost including providing all required identification documents and other documents if so requested. Your failure to promptly comply with any notification will result in your payments being delayed. We may withhold your final payment for a reasonable period of time to make sure that the total Commission is calculated accurately, and the correct amount is paid. All transfer fees and bank commissions are depending on the chosen by Affiliate payment method and shall be deducted from the Affiliate Commission.
3.3 All tracking of links and determinations of Qualified Actions and Commissions shall be made by us in our sole discretion. In the event that you wish to dispute in good faith any portion of a Commission, you must submit that dispute to us in writing and in sufficient detail within seven (7) days of the date on the payment. If Affiliate does not dispute the amount of the Commission as set forth herein, then Affiliate agrees that it irrevocably waives any claims based upon that payment. All payments are made only on the basis of statistics in our tracking system. Any disputes on statistics will be considered by our team of affiliate managers and/or management.
3.4 If Affiliate refers the Datify.link Program to the third-party Affiliate, Datify.link will pay a bonus in an amount of 10 (ten) $ to the Affiliate and third-party Affiliate provided such third-party Affiliate will conduct Qualified Actions on payable amount 100$.
3.4.1 After the first bonus, mentioned in clause 3.4 of this Agreement, for each third-party Affiliate that the Affiliate has referred to the Datify.link Program, the Affiliate will have the right to be paid 2% (two percent) of all net revenue generated by the referred third party Affiliate.
3.4.2 For this purpose, the Parties agree that only the newly established accounts will be eligible for the bonus and that no individuals or companies with pre-existing accounts on the Datify.link Program shall be considered eligible for the effect.
4. Restriction on payment of compensation
4.1 The Affiliate is not entitled to Commission for any Qualified Action in violation of the terms of this Agreement.
4.2 The Affiliate is not entitled to commission from Datify.link for any Qualified Actions, which Datify.link determines to be as the result of potentially fraudulent activity. Datify.link shall have the right, in its sole and absolute discretion, to expand or modify what it determines to constitute potentially fraudulent activity.
4.3 Datify.link has the right to deny or withhold payment from the Affiliate and terminate the Affiliate from the Program if there is an abnormal number of chargebacks or refunds for products and services through Affiliate websites. Datify.link shall determine, in its sole and absolute judgment, what constitutes an abnormal number of chargebacks or refunds.
4.4 If an Affiliate account is removed based on the Affiliate request in accordance with GDPR policy, Datify.link shall not pay out the remaining unpaid Commission that is below the minimum payout amount.
4.5 Datify.link has the right to deny or withhold payment from the Affiliate and to terminate the Affiliate from the Program in other cases, mentioned in Section 1.3, 2.4, 6, 7, 8 of this Agreement.
5. Term and termination
5.1 This Agreement is not for any specific term or duration of time. The Affiliate may terminate this Agreement at any time, for any reason. Likewise, this Agreement and/or the Program may be terminated by Datify.link in its sole and absolute discretion, at any time, for any reason.
5.2 The Affiliate may terminate participation in the Program by notifying Datify.link via e-mail at [email protected] of Affiliate intent to terminate participation in the Program.
5.3 In case this Agreement is terminated, the Affiliate shall be entitled to any unpaid Commission earned prior to the date and time of termination. The Affiliate shall not be entitled to any unpaid Commission or bonuses earned after the date and time of termination as well as to any unpaid Commission that is below the minimum payout amount specified in Section 3.2 of this Agreement.
5.4 If this Agreement is terminated due to Affiliate breach of any portion of this Agreement, Datify.link reserves the right to withhold any amount then due and owing to the Affiliate.
6. Affiliate`s responsibilities and duties
6.1 The Affiliate shall only use and promote the approved products and services of Datify.link using Datify.link proprietary marketing systems and Marketing Materials on Affiliate websites.
6.2 The Affiliate shall follow the rules and regulations of the below Acts:
Controlling the Assault of Non-Solicited Pornography And Marketing (CAN-SPAM), Implemented 16 December, 2003.
Canadian Anti-Spam Legislation (CASL), Implemented 1 July, 2014.
General Data Protection Regulation (GDPR), Implemented 25 May, 2018.
6.3 The Affiliate shall not use or employ any form of mass unsolicited electronic mailings, newsgroup postings, password selling or trading, warez, IRC posting, adware, spyware, and malware marketing or any other form of «spamming» as a means of promoting Affiliate websites or for the purpose of generating traffic and sales to or for Affiliate websites. The Affiliate further acknowledges and agrees that Datify.link has zero tolerance for spamming. Thus Datify.link reserves the right to immediately and without notice terminate the Affiliate’s participation in the Program if Datify.link, in its sole and absolute discretion, concludes that the Affiliate has been engaged in the use of any of the above referenced forms of «spamming». Note also that in such a case the Affiliate will also be barred from future participation in the Program and all money otherwise due to the Affiliate will be forfeited.
If the Affiliate wishes to send traffic via electronic mail promotion, it is the Affiliate’s sole and complete responsibility to make sure that the Affiliate is in compliance with the can-spam act as well as any other law, rule or regulation that may be applicable.
It is solely Affiliate`s obligation to ensure that all email complies with these Acts or regulations. Affiliate agrees not to rely upon Datify.link approval of your e-mail for compliance with any of these Acts or assert any claim that you are in compliance with the Act based on Datify.link If you are found to have violated any provisions of the above Acts, your account will be immediately terminated, all funds owed to you will be forfeited and you may be reported to the relevant authorities.
6.4 Except as expressly authorized by Datify.link in this Agreement, the Affiliate shall not copy, reproduce, alter, modify, change, broadcast, distribute, transmit or disseminate any banners or other promotional or advertising materials provided by Datify.link pursuant to this Agreement in whole or in part, in any form or manner, at any time or anywhere in the world.
6.5 The Affiliate shall NEVER modify files or content provided by Datify.link.
6.5 All content displayed on any Affiliate website containing the Marketing Materials must comply with all local laws.
6.6 To promote Datify.link products and services Affiliate has to use the link received in his account. The Affiliate shall not transfer the link to any third party. Datify.link has the right not to pay an affiliate Commission for traffic received via a link, that differs from the links in the Affiliate’s account.
6.7 The Affiliate shall not give access, sell, or otherwise transfer its account on the Datify.link website to any third party. In case of violation of this provision, such accounts shall be banned without payment to the Affiliate the Commission.
6.8 Affiliates shall not try to cheat the system to increase their payments due. If such misuse is detected, the Affiliate will be immediately terminated as an Affiliate, and any sums payable as and for Commissions will be withheld. All Affiliates further agree to refrain from using motivated traffic or boxes or engaging in any hostile activity toward the system. Any individual that engages in such hostile activity, such as hacking, shall be held liable for any loss sustained by the Datify.link Program, or its associates due to such action.
6.9 Affiliate takes all responsibility for obtained explicit consent from users for processing their personal data.
6.10 Affiliate shall not collect Qualified Actions obtained from the children under 18 (eighteen). If such traffic is detected, the Affiliate will be immediately terminated as an Affiliate, and any sums payable as and for Commissions will be withheld.
7. Affiliate representations and warranties
The Affiliate hereby represents and warrants each of the following:
7.1 That if the Affiliate is an individual person, he/she is over the age of eighteen (18) years or any legal age in the country of the Affiliate;
7.2 That if the Affiliate is an entity (i.e., corporation, limited liability company, etc.), all individuals employed or associated with the Affiliate in any way are over the age of eighteen (18) years of legal age in the country of the Affiliate;
7.3 That the individual who provides information pursuant to the Program and accepts this Agreement has full, lawful power and authority to enter into and to carry out the terms of this Agreement.
7.4 Affiliate account is for Affiliate`s sole use and Affiliate shall not allow any other person or party to use his account, nor shall Affiliate make use of any other person or party`s account, nor shall Affiliate sell or transfer his account.
7.5 If you are an affiliate network, you have bound your affiliates to the same conditions and restrictions as you are bound to under this Agreement. You agree that you will remain fully liable for all activity conducted through your Account.
7.6 Refrain from any type of predatory advertising practices, the definition of which shall be at the sole discretion of the Program Operator, and shall include, but not be limited to, dynamically replacing the Affiliate ID of one Affiliate with that of another with the effect of “stealing” the commission away from the Affiliate that earned it, whether this be intentional or not. Affiliates may not adjust any of the supplied Affiliate links to reset cookies or bypass other safeguards in the system. Affiliates understand that engaging in such practices is grounds for immediate termination and forfeiture of any earned Commissions.
8. Fraud
Any Affiliate is expressly prohibited from using any persons, means, devices, or arrangements to commit fraud, violate any applicable law, interfere with other affiliates or falsify information in connection with referrals through the links, or the generation of Commissions or exceed Affiliate`s permitted access to Datify.link. Such acts include, but are in no way limited to, using automated means to increase the number of clicks through the links or completion of any required information, using spyware, using steal-ware, cookie-stuffing and other deceptive acts or click-fraud. Datify.link shall make all determinations about fraudulent activity in its sole discretion. Affiliate will not fraudulently add leads or clicks or inflate leads or clicks by fraudulent or scams traffic generation. Company has a right to decline and not to pay for leads generated via hosting proxy / VPN and other unacceptable tools and techniques. Any fraud, attempted or actual, shall be immediate grounds for us to terminate your account and withhold any and all sums outstanding to you.
9. Taxation
All individuals, corporations, and other organization participants are responsible for the payment of taxes in their own jurisdiction.
10. Rights of Datify.Link
10.1 Datify.link reserves the right, in its sole and absolute discretion, to terminate the Program at any time and may do so with or without cause.
10.2 Datify.link shall also have the right, in its sole and absolute discretion, to change or modify this Agreement. If at any time Datify.link changes or modifies the Program, the Affiliate shall have the right to withdraw and terminate participation.
10.3 Datify.link reserves the right, in its sole and absolute discretion request from the Affiliate the proof of the traffic quality.
11. No partnership, join or collaborative venture
11.1 Nothing contained in this Agreement shall create or be deemed to create a partnership, joint venture or other business combination or venture of any kind between the Affiliate and Datify.link, its subsidiaries, affiliated entities, successors or assigns; nor shall any term contained in this Agreement constitute or create any agency or employment relationship between Affiliate and Datify.link, its subsidiaries, affiliated entities, successors or assigns.
11.2 Datify.link has no control over nor ownership interest in Affiliate or Affiliate websites except for the Marketing Materials used thereon, and the Affiliate has no financial or other interest in Datify.link, its subsidiaries, affiliated entities or any property owned by such entities, except as expressly set forth herein.
12. No content control, monitoring or supervision
12.1 Datify.link does not monitor, supervise or review content contained on Affiliate websites except for the use of the Marketing Materials. Datify.link is not responsible for any content appearing or otherwise distributed on, at or in association with Affiliate websites. The Affiliate is solely responsible for the content on Affiliate websites.
12.2 Datify.link has no direct or indirect control over the content of Affiliate websites except as specifically set forth in this Agreement and as it relates to the Marketing Materials.
13. No warranty or guarantee
13.1 Datify.link makes no guarantee of any kind with respect to the Program or materials provided by, through or in association with the Program, all Marketing Materials are provided to the Affiliate «as is» and use of the Marketing Materials is solely at the Affiliate’s risk. Datify.link disclaims all warranties, either express or implied, including, but not limited to, warranties of merchantability and fitness for a particular purpose with regard to the Program and any and all materials of every kind supplied to the Affiliate as part of this Program.
14. No guarantee of success or profitability
14.1 Datify.link cannot guarantee the Affiliate any level of success or profitability due to the Affiliate’s participation in the Program. The Affiliate has unilaterally entered into an Internet service business and all risk of loss, cost and expense of the Affiliate doing business shall be borne solely by the Affiliate. In case the Affiliate alters or modifies their promotional links in any way Datify.link shall not guarantee that all traffic sent via such links will be tracked properly and in full.
15. Force majeure
15.1 Neither party shall be liable for any loss or delay, nor be considered in breach of this Agreement, due to an act of God, fire, natural disaster, terrorist act, strike or other labor stoppage, declaration of war or military intervention, computer system/server failure, credit card processing failure, network failure, governmental action, or any other cause outside the control of the parties.
16. Limitation of liability
16.1 Datify.link, its subsidiaries, affiliated entities, employees, independent contractors, agents, representatives, assigns and successors shall not be liable to the Affiliate, or any other person or entity, for any direct or indirect losses, injuries or incidental, consequential or other damages (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES OR ANY OTHER PECUNIARY LOSS) with regard to any use of the Datify.link website, or arising from or in connection with this Agreement or the use of the Datify.link Marketing Materials, or due to any mistakes, omissions, delays, errors, interruptions in the transmission, or receipt of Datify.link services, content or Marketing Materials, including without limitation any losses due to server problems or due to incorrect placement of HTML.
17. Indemnification
The Affiliate shall indemnify and hold Datify.link, its subsidiaries, affiliates, licensors, content providers, service providers, employees, agents, officers, directors, and contractors and any successor-in-interest or assign (the «Indemnified Parties») harmless from any breach of this Agreement by the Affiliate, including any use of Marketing Materials other than as expressly authorized in this Agreement. The Affiliate agrees that the Indemnified Parties shall have no liability in connection with any such breach or unauthorized use, and the Affiliate agrees to indemnify for any resulting loss, damage, judgment, award, cost, expense, and attorneys’ fees of the Indemnified Parties. The Affiliate shall also indemnify and hold the Indemnified Parties harmless from and against any and all claims brought by third parties arising out of the Affiliate’s use of the information accessed from Datify.link websites.
18. Transfer or assignment
18.1 This Agreement shall not, under any circumstances, be transferred or assigned by the Affiliate to any other person or entity, and any attempted transfer or assignment of a membership shall be void.
18.2 Datify.link may, at any time, in its sole discretion and without prior notice given to the Affiliate, transfer or assign this Agreement to an affiliated or non-affiliated person or entity.
19. Modification
19.1 This Agreement is subject to change or modification by Datify.link at any time, and changes shall become effective by e-mail, posting at the Datify.link Website, or by conventional mail. An Affiliate may not alter, delete, add or change or edit any of these terms and conditions, and any such attempted alteration shall be void and of no effect.
20. Notices to Datify.Link or affiliates
20.1 Notices from Datify.link website to Affiliates may be given by means of electronic messages to the e-mail address of the Affiliate, by general posting on the Website, or by conventional mail. Communications from the Affiliate to Datify.link may be made both via e-mail or conventional mail, unless otherwise specified in this Agreement. All notices to Datify.link via e-mail shall be sent to [email protected] Notices from Datify.link shall be deemed delivered when sent by Datify.link to the Affiliate; notices of changes or modifications to this Agreement shall be accepted by the Affiliate upon the first use by the Affiliate of the Marketing Materials provided in the Program after such notice was sent; and, such acceptance of a change or modification shall be deemed to relate back to the date such change or modification was originally sent by Datify.link.
21. Severability
21.1 If any provision of this Agreement is held to be invalid or unenforceable, in any respect, such invalidity or unenforceability shall not affect or impair the validity or enforceability of the remaining provisions of this Agreement, but, to the contrary, this Agreement shall be construed as if such invalid or unenforceable provision had never been contained herein.
22. Entire agreement, headings, and neutral construction
22.1 This Agreement and any changes or modifications thereto by Datify.link and accepted by the Affiliate expresses the entire agreement between the parties regarding the Affiliate’s participation in the Program, and all Marketing Materials directly and indirectly related thereto, superseding and negating any prior or contemporaneous agreements, whether written or oral. There are no representations, agreements, arrangements or undertakings relating to the matters addressed which are not fully expressed herein. The headings are for convenience only and shall not be construed to give any substantive meaning to the agreement between the parties. This Agreement shall be construed neutrally and as the commemoration of the mutual assent of both parties rather than for or against either party.
23. Review by attorney
23.1 Datify.link strongly advises that the Affiliate review this Agreement with an attorney before acceptance of its terms so that the Affiliate is fully appraised of all the rights, duties and obligations under this Agreement. The Affiliate acknowledges that nothing herein and no statement by Datify.link or any employee, representative, agent or other person associated with Datify.link has in any way prevented or inhibited the Affiliate from seeking such independent legal advice prior to entering into this Agreement. The Affiliate hereby acknowledges and agrees that the terms of this Agreement are reasonable and fair; all terms have been fully disclosed in writing, and that the Affiliate has been given reasonable opportunity to seek the advice of independent counsel with respect to the Agreement and all transactions associated herewith.
24. Acceptance and execution
24.1 By clicking on the «Sign up» button on the Registration Page, and by supplying Datify.link with all the information required to create an account on the Registration Page, the Affiliate accepts all of the terms and conditions set forth herein above and agrees to be bound by said terms and conditions.
25. Translation
In case of any discrepancy within the meanings between English and other translated versions of this Agreement, the English version of this Agreement shall prevail.
26. Illegal and prohibited content
  • child pornography or child abuse;
  • content that shows extreme sexual violence or materials that are overly violent;
  • materials that demonstrates, promotes or incites crimes or violent acts; and
  • content that promotes terrorism or encourages terrorist acts.
  • materials which encourage violence, criminal behavior or dangerous behavior (e.g. creating weapons, taking or making drugs and carrying out fraudulent or terrorist acts);
  • highly graphic sexual acts that would be likely to offend a ‘reasonable adult’; or
  • footage that shows real or simulated violence or crimes.
27. Governing law & miscellaneous
27.1 Affiliate shall be responsible for the payment of all attorneys’ fees and expenses incurred by Datify.link to enforce the terms of this Agreement.
27.2 This Agreement contains the entire agreement between Datify.link and Affiliate with respect to the subject matter hereof and supersedes all prior and/or contemporaneous agreements or understandings, written or oral. Affiliate agrees that Datify.link shall not be subject to or bound by any Affiliate insertion order or online terms and conditions that amend, conflict with or supplement this Agreement, regardless of whether Datify.link `"`clicks through`"` or otherwise indicates its acceptance thereof.
27.3 Affiliate may not assign all or any part of this Agreement without Datify.link`'`s prior written consent. Datify.link may assign this Agreement at any time with notice to Affiliate. This Agreement will be binding on and will inure to the benefit of the legal representatives, successors and valid assigns of the parties hereto.
27.4 Nothing herein shall be deemed to establish a partnership, joint venture, association or employment relationship between the parties. No course of dealing nor any delay in exercising any rights hereunder shall operate as a waiver of any such rights. No waiver of any default or breach shall be deemed a continuing waiver or a waiver of any other breach or default. By submitting and application to Datify.link, you affirm and acknowledge that you have read this Agreement in its entirety and agree to be bound by all of its terms and conditions.
27.5 If you do not wish to be bound by this Agreement, you should not register an account on the Datify.link website. If an individual is accessing this Agreement on behalf of a business entity, by doing so, such individual represents that they have the legal capacity and authority to bind such business entity to this Agreement.
27.6 Any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of England and Wales. If any disputes having arisen between the Parties concerning this Agreement, the Parties hereby agree that the dispute shall be referred to and finally resolved by arbitration under the LCIA Rules. The number of arbitrators shall be one. The seat, or legal place, of arbitration shall be London, GB. The language to be used in the arbitral proceedings shall be English. ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS OR REPRESENTATIVE ACTION OR AS A NAMED OR UNNAMED MEMBER IN A CLASS, CONSOLIDATED, REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL ACTION, UNLESS BOTH YOU AND MOBAIR ENTITY WITH WHICH YOU HAVE A DISPUTE WITH SPECIFICALLY AGREE TO DO SO IN WRITING FOLLOWING INITIATION OF THE ARBITRATION. THIS PROVISION IS NOT APPLICABLE TO THE EXTENT THIS WAIVER IS PROHIBITED BY LAW. YOU HEREBY EXPRESSLY WAIVE ANY RIGHT FOR A TRIAL BY JURY.
If you have any questions or wish us to clarify any of these points, please send us an email [email protected]