"Artificial Traffic" is a collective term for invalid Clicks, Leads and Transactions, which may originate (for example and without limitation) from automatic openings, spiders, robots, requests in e-mail or chat rooms, script generators, placing links on websites other than the website approved by Freepik 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.
"Click" means a click by a Visitor on a link on the Publisher's website connecting to a Linked Website.
"Lead" means a Visitor who is connected to a Linked Website by the Publisher and who has completed an affirmative act at the Linked Website, including but not limited to registering as a premium user.
"Linked Website" means a website, featuring Freepik products and administered by Freepik, which is connected to a link on the Publisher’s website.
"Traffic" is a collective term for valid Clicks, Leads and Transactions.
"Transaction" means a Visitor who has purchased a Freepik premium subscription featured on the Linked Website.
"Visitor" means any person who connects to a Linked Website via a link placed on the Publisher's website.
Upon acceptance by Freepik, You shall be allowed to link to the Linked Website from Your website.
Obligations of the Publisher
You are solely responsible for Your website and its contents and shall ensure that Your website conforms at all times to all applicable laws, rules and regulations, including but not limited to any copyright laws, cookies regulation and data protection laws, where applicable.
If You are a natural person You represent and warrant that you are at least 18 years of age.
The Publisher’s website do not include content that (i) is sexually explicit; (ii) is unnecessarily violent or derogatory of any ethnic, racial, gender, religious, professional or age group; (iii) promotes alcohol, illegal drugs, tobacco, firearms/weapons (or the use of any of the foregoing); (iv) promotes any activities that may appear unsafe or dangerous; (v) is obscene or offensive, or endorses any form of hate or hate group; (vi) defames, misrepresents or contains disparaging remarks about other people or entities; (vii) communicates messages or images inconsistent with Freepik or its values; or (viii) infringes or promotes infringement of intellectual property rights or violates or promotes the violation of any law.
You represent and warrant that the information furnished to Freepik about Yourself and Your website is true, accurate, current and complete and you agree to update Your information as necessary to maintain its truth and accuracy. You must notify Freepik immediately of any changes in the information.
You represent and warrant that either the rights to all information and content on the Your website belong to You or that the owner of the rights to the information and content on the Your website has given explicit permission to such publication there. You also represent and warrant that the information and productions on the Publisher'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.
You must not in any way generate or contribute to generating Artificial Traffic to Linked Websites.
You must notify Freepik immediately of any known or suspected improper or wrongful use of the Your links to the Linked Websites or of Freepik's service in any way whatsoever.
Obligations of Freepik
The Publisher will earn a commission on each Transaction initiated via a Linked Website.
The Commission shall consist in the fifteen (15) per cent of the price of the premium subscription payed by the Visitor, whether the Visitor choose an annual or a monthly plan. For clarification purposes, the commission shall be paid for each payment the Visitor makes, therefore, should the Visitor choose an annual payment, the Publisher shall receive only one payment and, should the Visitor choose a monthly payment, the Publisher shall receive the commission each month until de Visitor cancel the subscription.
The Publisher shall also earn the commission once a Visitor renew his or her subscription in the same terms set forth in the previous clause 6.2. In case a Visitor cancel his or her subscription and subscribe again subsequently through a different channel rather than the Linked Web, the Publisher shall not earn any commission whatsoever nor a commission for any subsequent renewal.
Payment of accumulated remuneration to the Publisher shall be made within sixty (60) days from the last day of the current month in which the Transactions are made, provided that the Publisher has generated valid Transactions.
The Publisher is responsible for the payment of all tax and national insurance payable on any payments made to him by Freepik.
Limits on Freepik's Liability
Freepik will not be liable for defects in the service, interruptions in the accessibility to the service, 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 Freepik's service or for any damage caused by viruses or components to the service, the Publisher’s software and/or the Publisher's website. Freepik shall not be liable for any error in the implementation of the links on the Publisher's website or for the specified function of the links.
Term and Termination
Both parties are entitled to terminate this Agreement with immediate effect at any time. The Publisher must cease to use the service immediately upon the termination of this Agreement and delete all links to Linked Websites on the Publisher’s website.
If Publisher’s participation in the Freepik Affiliate Program is terminated by either party, Freepik will pay any outstanding amount due to Publisher on the next following payment date (unless the Publisher is terminated for the reasons stated in Section 7.4 (iii) below).
Freepik in its sole discretion considers the Publisher or the content of his website inappropriate in any way;
Freepik is requested to do so, for any reason, by Freepik;
This Agreement expires immediately on termination and no remuneration will be paid to the Publisher for the Freepik Affiliate Program if the Publisher is terminated for the reasons stated in clause 7.4 (iii).
Assignment of the Agreement
Severability and Waiver
Intellectual Property Rights
This Agreement shall be governed by, and construed in accordance with the laws of Spain, excluding its choice of law provisions, and is subject to the exclusive jurisdiction of the Malaga courts.
This Agreement constitutes the exclusive and entire agreement between You and Freepik with respect to its subject matter and supersedes all prior or contemporaneous agreements, negotiations, representations and proposals of any kind, whether written, oral, express or implied, relating to its subject matter. Any unilateral terms or conditions on any materials that You regularly use (e.g., pre-printed materials, order forms, invoices) shall not supersede the terms and conditions of this Agreement, and any such document will be for administrative purposes only and shall have no legal effect.