Zapply affiliate program Terms and Conditions
This Affiliate Program Terms of Use Agreement ("Agreement") governs the participation of affiliates ("Affiliate," "you," or "your") in the Zapply Affiliate Program (the "Program"). By registering for or participating in the Program, you agree to comply with these terms and conditions.
Zapply ("Company," "we," or "us") is a Netherlands-based entity, and this Agreement is governed by the laws of the state of Amsterdam. The Program operates through the Awin platform and offers a 15% commission per qualifying sale.
1. Enrollment in the Program
1.1 Eligibility:
To enroll in the Program, you must:
- Be at least 18 years old.
- Submit a complete and accurate application through the Awin platform.
- Agree to these Terms of Use in full.
1.2 Approval Process:
The Company reserves the right to approve or reject any application at its sole discretion. Submission of an application does not guarantee acceptance into the Program.
1.3 Prohibited Affiliates:
Affiliates with websites or content promoting illegal activities, violence, hate speech, adult content, or other objectionable materials will not be accepted.
2. Affiliate Responsibilities
2.1 Compliance:
You agree to comply with all applicable laws, regulations, and guidelines, including but not limited to:
- Federal Trade Commission (FTC) guidelines on endorsements and testimonials.
- The CAN-SPAM Act regarding email marketing.
- Data protection and privacy laws (eg, GDPR, CCPA).
2.2 Promotional Materials:
The Company provides approved promotional materials through the Awin platform. You must only use these materials unless prior written consent is obtained.
2.3 Brand Representation:
Affiliates are expected to represent the Zapply brand authentically and ethically. False, misleading, or exaggerated claims about our products or services are strictly prohibited.
2.4 Tracking Links:
Affiliates must use the unique tracking links provided through the Awin platform to ensure accurate tracking of referrals. Any manipulation or tampering with tracking links is strictly prohibited.
3. Commissions and Payments
3.1 Commission Rate:
Affiliates will earn a 15% commission on qualifying sales generated through their tracking links.
3.2 Qualifying Sales:
A sale qualifies for a commission only if:
- The customer completes the purchase through the Affiliate's unique tracking link.
- The customer does not request a refund or chargeback.
3.3 Cookie Duration:
The Program uses a 30-day cookie window. If a customer purchases within 45 days of clicking your link, you will receive credit for the sale.
3.4 Payment Schedule:
Commissions are made on the 1st and 15th of each month of the end of the calendar month. Payments will be made via SEPA, Payoneer, or direct wire transfer. once the Affiliate reaches the minimum payout threshold of £20 for GBP, €20 for Euro, or $20 for USD.
3.5 Deductions:
Refunds, chargebacks, or cancellations will result in the reversal of associated commissions.
3.6 Taxes:
Affiliates are responsible for reporting and paying any taxes on their earnings.
4. PPC and Advertising Policy
4.1 Prohibited PPC Practices:
Affiliates are prohibited from bidding on or using the following in Pay-Per-Click (PPC) campaigns:
- The Zapply brand name.
- Variations or misspellings of the brand name.
- Trademarks, domain names, or URLs associated with Zapply.
- Affiliates that among other keywords or exclusively bid in their Pay-Per-Click campaigns on keywords such as Zapply, Zapply.eu, www.Zapply.eu, https://www.Zapply.eu, and/or any misspellings or similar alterations of these – be it separately or in combination with other keywords – and do not direct the traffic from such campaigns to their own website prior to re-directing it to ours, will be considered trademark violators, and will be banned from Zapply.eu Affiliate Program.
- We will do everything possible to contact the affiliate prior to the ban. However, we reserve the right to expel any trademark violator from our affiliate program without prior notice, and on the first occurrence of such PPC bidding behavior.
4.2 Negative Keywords:
Affiliates must include the Zapply brand name and variations as negative keywords in their PPC campaigns.
4.3 Consequences for Violation:
Violating the PPC policy will result in immediate suspension from the Program, forfeiture of unpaid commissions, and potential legal action.
5. Intellectual Property
5.1 License:
Affiliates are granted a non-exclusive, revocable license to use the Company's logos, trademarks, and promotional materials solely for the purpose of promoting the Program.
5.2 Restrictions:
Affiliates may not:
- Modify or alter the Company's intellectual property.
- Use the Company's intellectual property in any way that suggests endorsement or partnership without written approval.
6. Term and Termination
6.1 Term:
This Agreement begins upon your acceptance into the Program and continues until terminated by either party.
6.2 Termination by Affiliate:
You may terminate your participation at any time by providing written notice to the Company.
6.3 Termination by Company:
The Company reserves the right to terminate this Agreement immediately for any reason, including but not limited to:
- Breach of these terms.
- Fraudulent or unethical behavior.
- Non-compliance with the PPC policy or any other provision of this Agreement.
6.4 Effect of Termination:
Upon termination, you must cease all promotional activities and remove all tracking links, banners, and promotional materials from your platforms.
7. Confidentiality
Affiliates agree to keep all confidential information, including but not limited to commission structures, marketing strategies, and proprietary data, strictly confidential and not disclose it to any third party.
8. Indemnification
You agree to indemnify, defend, and hold harmless Zapply.eu, its employees, and agents from any claims, damages, or expenses arising from your participation in the Program or violation of this Agreement.
9. Limitation of Liability
The Company shall not be liable for indirect, incidental, or consequential damages arising from this Agreement or your participation in the Program, even if advised of the possibility of such damages.
10. Governing Law and Dispute Resolution
This Agreement is governed by the laws of the state of Amsterdam, without regard to its conflict of law principles. Any disputes arising from this Agreement shall be resolved through binding arbitration in Amsterdam.
11. Modifications to the Agreement
The Company reserves the right to update or modify this Agreement at any time. Affiliates will be notified of changes, and continued participation in the Program constitutes acceptance of the updated terms.
12. Grant of Licenses
12.1. We grant to you a non-exclusive, non-transferable, revocable right to (i) access our site through HTML links solely in accordance with the terms of this Agreement and (ii) solely in connection with such links, to use our logos, trade names, trademarks, and similar identifying material (collectively, the "Licensed Materials") that we provide to you or authorize for such purpose. You are only entitled to use the Licensed Materials to the extent that you are a member in good standing of the Zapply.eu Affiliate Program. You agree that all uses of the Licensed Materials will be on behalf of Zapply.eu and the goodwill associated therewith will ensure the sole benefit of Zapply.eu.
12.2. Each party agrees not to use the other's proprietary materials in any manner that is disparaging, misleading, obscene or that otherwise portrays the party in a negative light. Each party reserves all of its respective rights in the proprietary materials covered by this license. Other than the license granted in this Agreement, each party retains all rights, titles, and interests to its respective rights, and no right, title, or interest is transferred to the other.
13. Entire Agreement
This Agreement constitutes the entire understanding between the Company and the Affiliate regarding the Program and supersedes all prior agreements or understandings.
Acknowledgement:
By participating in the Zapply Affiliate Program, you acknowledge that you have read, understood, and agreed to abide by these terms and conditions.
