NoWayOut Escape Games AT

NoWayOut Affiliate Terms & Conditions

Last updated: June 12, 2024

Please read our Affiliate Terms and Conditions carefully before you apply for our program or begin marketing our program. These Terms and Conditions are written in plain language intentionally avoiding legalese to ensure that they may be clearly understood and followed by Affiliates. Each Affiliate is responsible for assuring that its employees, agents, and contractors comply with these terms and conditions. Affiliate Terms and Conditions are subject to change. Capitalized terms used in these Terms and Conditions, but not otherwise defined herein, shall have the meanings given to them in the Agreement.

In case of violating this Terms & Conditions we reserve the absolute right to reverse orders, set your commission to 0%, or suspend you from the program

Definitions

As used in these Terms and Conditions: (i) “We”, “Us”, or “Our” refers to NoWayOut and our website; (ii) “you” or “your” refers to the Affiliate; (iii) “our website” refers to the NoWayOut properties located at  nowayout-escape.at; (iv) “your website” refers to any websites that you will link to our website; (v) “Program” refers to the NoWayOut Affiliate Program.

Website Restrictions

Your participating website(s) may not:

• Infringe on our or anyone else’s intellectual property, publicity, privacy or other rights.
• Violate any law, rule or regulation.
• Contain any content that is threatening, harassing, defamatory, obscene, harmful to minors, promotes violence, promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age, or contains nudity, pornography or sexually explicit materials.
• Contain any viruses, Trojan horses, worms, time bombs, cancelbots, or other computer programming routines that are intended to damage, interfere with, surreptitiously intercept or expropriate any system, data, or personal information.
• Contain software or use technology that attempts to intercept, divert or redirect Internet traffic to or from any other website, or that potentially enables the diversion of Affiliate commissions from another website. This includes toolbars, browser plug-ins, extensions, and add-ons.

Linking To Our Website

Upon acceptance into the Program, you will have access to a variety of graphics and text links through the affiliate interface. You agree that you will make every effort to display the most up to date banner offers. Your acceptance in our Program means you agree to and abide by the following:

• You will only use codes obtained from the affiliate interface without manipulation.
• All domains that use your affiliate link must be listed in your affiliate profile.
• Your Website will not in any way copy, resemble, or mirror the look and feel of our Website. You will not use any means to create the impression that your Website is our Website or any part of our Website including, without limitation, the framing of our Website in any manner.
• You may not engage in cookie stuffing or include pop-ups, false or misleading links on your website. Also, wherever possible, you will not attempt to mask the referring url information (i.e. the page from where the click is originating).
• You may not use redirect links.
• If you are found redirecting links to hide or manipulate their original source, your current and past commissions will be voided, or your commission will be set to 0%. This does not include using “out” redirects from the same domain where the affiliate link is placed.

Commissions

The base is 10% for all products purchased. Commissions will be applied to the value of the total products purchased after all promotional discounts have been applied and before taxes .

Payment Schedule

All commissions will remain as pending until 67 days following the day in which the transaction occurred (“Pending Period”). During this Pending Period, commissions may be adjusted for any orders that were reversed, refunded, or disputed. After the Pending Period, orders will be approved for payment.

PPC Guidelines

If you are enrolled in our Program and participate in PPC advertising, you must adhere to our PPC guidelines as follows:

• You may not bid on any of our trademarked terms (which are identified below), including any variations or misspellings thereof for search or content-based campaigns on Google, MSN, Yahoo, Facebook or any other network.
• You may not use our trademarked terms in sequence with any other keyword (i.e.NoWayOut Coupons).
• You may not use our trademarked terms in your ad title, ad copy, display name or as the display URL.
• You may not direct link to our website from any Pay Per Click ad or use redirects that yield the same result.
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• If you automate your PPC campaigns, it is your responsibility to exclude our trademarked terms from your program, and we strongly suggest you add our trademarked terms as negative keywords. We have a strict no-tolerance policy on PPC trademark bidding. You will forfeit all commissions for a minimum of the past 30 days and your commission will be set to 0% without warning if you engage in PPC trademark bidding that uses our trademarked terms.
• Trademarked Terms: NoWayOut or any other trademark owned or registered by Elite Experience GMBH. or its affiliates.

Order Processing

• Only items that were purchased by customers who use the NoWayOut Affiliate Link from your site to the NoWayOut Website are considered direct sales for the purposes of commission calculations ("Direct Sales")."
• NoWayOut will be responsible for processing orders and will handle all related customer service issues.
• We will track sales by customers who purchase products using the NoWayOut Affiliate Link from your site to the NoWayOut Website.
• Transaction queries submitted for missing orders must be submitted within two months of order date for approval consideration.

Coupon Site Guidelines

You may NOT create a falsified promotion or use copy that alludes to a false promotion to entice a consumer to click.

Sub-Affiliate Networks

Promoting NoWayOut through a sub-affiliate network is permitted. However, you must comply with the following:

• Complete transparency with regards to where traffic from your sub-affiliates originated from.
• The advertiser reference field must be used to identify each unique publisher. If the sub-affiliates are not completely transparent through the URL or advertiser reference field, a list must be provided to NoWayOut of all affiliate partners and the associated advertiser reference.
• Ensure that all sub-affiliates promoting the NoWayOut program adhere to our program terms and conditions. This includes restrictions on advertising through toolbars, browser extensions, and through any paid placements such as a pay-per-click campaign.
• Sub-affiliate networks must also receive approval prior to allowing any coupon sub-affiliate to promote the NoWayOut program and must abide by the Coupon Guidelines above.
• Additional sub-affiliate networks are prohibited from joining a sub-affiliate network.
• Exceptions need to be discussed on a case by case basis with NoWayOut.
• Sub-affiliate partners can be removed at the request of NoWayOut without cause.
• Failure to comply with our sub-affiliate network terms may result in a loss and/or reduction of commission from sales made through any sub-affiliate that does not comply with our program terms.

Domain Names

Use of any of our trademarked terms as part of the domain or subdomain for your website is strictly prohibited i.e. www.NoWayOut.yoursite.com or www.NoWayOut-coupons.com.

Advertising & Publicity

You shall not create, publish, distribute, or print any written material that references our Program without first submitting that material to us and receiving our prior written consent. If you intend to promote our Program via email campaigns, you must adhere to the following:

• Abide by the GDPR and the Austrian Data Protection Act (DSG) in the version of the Data Protection Adaptation Act 2018 and the Data Protection Deregulation Act 2018 . concerning our Program.
• E-mail must be sent on your behalf and must not imply that the email is being sent on behalf of NoWayOut.
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Social Media

Promotion on Facebook, Instagram, Twitter, and other international social media platforms is permitted following these general guidelines:

• You are permitted to promote NoWayOut to your own lists; more specifically, you’re welcome to use your affiliate links on your own Facebook, Twitter, etc. pages.
• You are prohibited from posting your affiliate links on NoWayOut`s’s Facebook, Twitter, Pinterest, etc. company pages in an attempt to turn those links into affiliate sales.
• You are prohibited from running Facebook, Instagram, Twitter, and other international social media paid ads with NoWayOut`s’s trademarked company name.
• You are prohibited from creating a social media account that includes NoWayOut`s’s trademark in the page name and/or username.

Reversal & Communication Policy

We reserve the right to reverse commissions due to cancellations, duplicate tracking, returns, disputed charges, fraudulent orders, and program violations as outlined in these terms and conditions.

Additionally, if we ask you for clarification or more information on any orders or clicks that we suspect may be in violation of our terms and conditions, we expect that you will respond in a timely and honest manner. Below are violations of our communications policy.

• You are not forthcoming, intentionally vague or are found to be lying.
• You are not responsive within a reasonable time period and after multiple attempts to contact you with information listed in your network profile.
• You cannot substantiate or validate the source of your traffic to our program with clear and demonstrable proof.

If any of the above apply, then we reserve the absolute right to reverse orders, set your commission to 0%, or suspend you from the program for the period or orders in question. We know that many violations are a result of automated processes; however, it is incumbent upon each affiliate to ensure that it has the appropriate checks and balances in place to proactively address these issues and adhere to our program rules.

LICENSED MATERIALS

You agree to use the latest NoWayOut logo across all creative assets.

We grant you a limited, non-exclusive, non-transferable, revocable right to use the graphic image and text solely for you participating in the NoWayOut Affiliate Program. You may not modify the graphic image or text in any way. All of our rights in the graphic image and text, any other images, our trade names and trademarks, and all other intellectual property rights are reserved.

You acknowledge NoWayOut's ownership of its licensed materials, agree that you will not do anything inconsistent with NoWayOut’s ownership and that all of your use of the licensed materials will inure to the benefit of and on behalf of NoWayOut, and, if requested, agree to assist NoWayOut in recording this Agreement with appropriate government authorities. You agree that nothing in this Agreement gives you any right, title or interest in the licensed materials other than the right to use the licensed materials in accordance with this Agreement. You also agree that you will not attack the title of NoWayOut to the licensed materials or the validity of the Licensed Materials or this Agreement.

Confidentiality

“Confidential Information” shall include, but shall not be limited to, any and all information associated with a Party’s business and not publicly known, including specific business information, technical processes and formulas, software, customer lists, prospective customer lists, names, addresses and other information regarding customers and prospective customers, Merchant Data, Customer Data, product designs, sales, costs, price lists, and other unpublished financial information, business plans and marketing data, and any other confidential and proprietary information, whether or not marked as confidential or proprietary.

Each Party agrees to use the other Party’s Confidential Information solely as necessary for performing its obligations under this Agreement. Each Party agrees that it shall take all reasonable steps, at least substantially equivalent to the steps it takes to protect its own proprietary information, to prevent the duplication, disclosure or use of any such Confidential Information, other than (i) by or to its employees, agents, and subcontractors who must have access to such Confidential Information to perform such Party’s obligations hereunder, who each shall treat such Confidential Information as provided herein, and who are each subject to obligations of confidentiality to such Party that are at least as stringent as those contained herein; or (ii) as required by any law, regulation, or order of any court of proper jurisdiction over the Parties and the subject matter contained in this Agreement, provided that, if legally permitted, the receiving Party shall give the disclosing Party prompt written notice and use commercially reasonable efforts to ensure that such disclosure is accorded confidential treatment. Confidential Information shall not include any information that the receiving Party can prove: (a) was already in the public domain, or was already known by or in the possession of the receiving Party, at the time of disclosure of such information; (b) is independently developed by the receiving Party without use of or reference to the other Party’s Confidential Information, and without breaching any provisions of this Agreement; or (c) is thereafter rightly obtained by the receiving Party from a source other than the disclosing Party without breaching any provision of this Agreement.

Modification

We may modify any of the terms and conditions contained in this Agreement, at any time and at our sole discretion, by posting a change notice or a new agreement on the Partnerize platform. Modifications may include, for example, changes in the scope of available commissions, commission schedules, payment procedures, and NoWayOut Affiliate Program rules. If any modification is unacceptable to you, your only recourse is to terminate this agreement. Your continued participation in the NoWayOut Affiliate Program following our posting of a change notice or new agreement on the NoWayOut Website will constitute binding acceptance of the change.