Terms & Conditions for Affiliates

ADVERTISING & PUBLICITY

If you intend to promote our Program via email campaigns, you must adhere to the following:

1. Abide to the applicable laws (Law no. 506/2004 and others) concerning our Program.

2. E-mail must be sent on your behalf and not imply that the email is being sent on our behalf.

3. E-mails must first be submitted to us for approval before being sent, or we must be sent a copy of the e-mail.

SOCIAL MEDIA

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

1. You ARE allowed to promote offers to your own lists; more specifically, you’re welcome to use your affiliate links on your own Facebook, Twitter, etc. pages. For example, You may post, ‘10% off sale at WPRiders through Wednesday with code GET10’.

2. You ARE PROHIBITED from posting your affiliate links on our Facebook, Twitter, Pinterest, etc. accounts or company pages in an attempt to turn those links into affiliate sales.

3. You ARE PROHIBITED from running Facebook ads with our trademarked company name.

4. You ARE PROHIBITED from creating a social media account with our trademark/s in the page name and/or username.

OPERATIONS OUTSIDE the UNITED STATES

You should follow the laws of the countries where you are conducting business. For example, you will comply with the European Union’s Privacy and Electronic Communications Directive and the General Data Protection Regulation (GDPR) if you are conducting business in or taking orders from persons in one or more of the European Union countries.

OPERATIONS IN UNITED STATES

You shall include a disclosure statement within any pages, blog/posts, or social media posts where affiliate links for our affiliate program are posted as an endorsement or review and where it is unclear that the link is a paid advertisement. This disclosure statement should be clear and concise, stating that we are compensating you for your review or endorsement. If you received the product for free from us or the affiliate management team for review, this must also be clearly stated in your disclosure.

* Disclosures must be made as close as possible to the claims.

* Disclosures should be placed above the fold; scrolling should not be necessary to find the disclosure. (e.g., Disclosure should be visible before the jump).

* Pop-up disclosures are prohibited.

For more information about FTC disclosure requirements, please review the FTC’s “Dot Com Disclosures” Guidelines  and the FTC’s Endorsement Guidelines.

MERCHANT RIGHTS AND OBLIGATIONS

We have the right to monitor your site at any time to determine if you are following the terms and conditions of this Agreement. We may notify you of any changes to your site that we feel should be made or to make sure that your links to our website are appropriate and notify further you of any changes we feel should be made. If you do not make the necessary changes to your site, we reserve the right to terminate your participation in the Program.

We reserve the right to terminate this Agreement and your participation in the Program immediately and without notice to you should you commit fraud in your use of the Program or abuse this Program in any way. If such fraud or abuse is detected, we shall not be liable to you for any commissions for such fraudulent sales.

This Agreement will begin upon our acceptance of your Affiliate application and will continue unless terminated hereunder.

PAYMENT

1. You will be paid a commission of 10% for each payment made to the Beneficiary by a qualified referral. The 10% commision is final and includes any local or international taxes (including VAT, etc.)

2. There is a waiting period of 15 days, so we can cover any possible chargebacks. After this, all sales are final, and you can request a payment if your threshold is over $100.

3. We process the affiliate payments on the 15th of each month via PayPal or bank transfer.

4. The Provider understands that he is fully responsible for the payment of the taxes and fees established in his charge regarding the remuneration he will receive under this agreement. Depending on the country of residence of the Provider, the Beneficiary is entitled to withhold the income tax out of the commissions due in Romania as per the Romanian fiscal law on behalf of Provider. However, if the Provider is able to present a Certificate of Fiscal Residency, then the Beneficiary will not withhold any amount for taxes and will make the payment in full.

ORDER PROCESSING

1. Only items purchased and paid for by customers who use the Program Affiliate Link from your site to our website are considered ‘direct sales’. Direct sales placed through the Program Affiliate Link on your site are reduced by items that customers cancel, returned, charged back or refunded at a later date.

2. We reserve the right to exclude items ordered by you (using the Program Affiliate Link, which would otherwise qualify for direct sales) and do not pay commissions for them if we deem it necessary, in our sole discretion, to prevent abuse of the Program, or to reject orders that do not comply with any requirements that we periodically may establish.

3. We will be responsible for processing orders and will handle all customer service issues. We will track sales by customers who purchase products by using the Program Affiliate Link from your site to our website. A statement of activity is available to you through your affiliate interface.

TERMINATION

1. Either you or we may end this Agreement AT ANY TIME, with or without cause, by utilizing the respective functionality of the affiliate platform.

2. This Agreement will terminate immediately upon any breach of this Agreement by you at the moment you will receive a termination notification.

3. In case the termination was initiated by the Beneficiary without any breach on the Provider’s end as per point #2 from above, then the Beneficiary will pay a compensation fee to the Provider. The compensation will be paid for every qualifying referral who made at least one payment to the Beneficiary during the last 6 months. For every qualifying referral, the compensation will be calculated as follows:
4. 10% (including all taxes such as VAT) from the sum of all the payments made by the respective referral during the last 12 months, if the referral is older than 12 month.
5. If the referral is less than 12 months old, then we will take the annualized value of the payments made and apply 10% (including all taxes such as VAT) to that amount. Eg: for a client who is 3 months old and who paid $3000, the annualized value of the payments will be $12000.

4. Upon the termination of this Agreement for any reason, you will immediately cease use of and remove from your site all links to our website, all of our trademarks, trade dress and logos, and all other materials provided by or on behalf of us to you pursuant hereto or in connection with the Program.

5. You are eligible to earn commissions only on sales of qualifying products that occur during the term, and commissions earned through the date of termination will remain payable only if the related orders are not canceled or returned. We may withhold your final payment for a reasonable time to ensure that the correct amount is paid.

MODIFICATION

We may modify any of the terms and conditions in this Agreement at any time at our sole discretion. In such an event, you will be notified by email. Modifications may include but are not limited to changes in the payment procedures and the Program rules. If any modification is unacceptable to you, your only option is to end this Agreement. Your continued participation in the Program following the posting of the change notice or new Agreement on our site will indicate your acceptance of the changes.

OUR CUSTOMERS

Customers who buy products through this Program are our customers. All of our standard policies and operating procedures will apply to these customers. We may change our policies and operating procedures at any time. Product prices and availability may vary from time to time.

ACCESS TO AFFILIATE ACCOUNT INTERFACE

You will create an account to enter your secure affiliate account interface. From the site, you will be able to receive the reports that will describe our calculation of the commissions due to you.

TRANSACTION LOCK DATES

All sales will remain in a ‘sales pending period’ and will not lock until the terms set forth within the locking period parameters of our Program. We will process all locked payments after the lock date.

REVERSAL & COMMUNICATION POLICY

We take pride in our low reversal rate, which we attribute to open communication with our affiliates. However, as outlined in these terms and conditions, we reserve the right to reverse orders due to order cancellations, duplicate tracking, returns, disputed charges, and program violations.

Additionally, if we ask you for clarification or more information on any orders or clicks that we suspect that may violate our terms and conditions, we expect that you will respond promptly and honestly.

Below are examples of violations of our communications policy:

1. You are not forthcoming, intentionally vague, or are found to be lying.
2. You are not responsive within 30 days and after multiple attempts to contact you with the information listed in your account profile.
3. You cannot substantiate or validate the source of your traffic to our program with clear and demonstrable proof.
4. 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 or terminate you from the program altogether. We know that many violations result from automated processes; however, it is incumbent upon each affiliate to ensure that it has the appropriate checks and balances in place to address these issues and adhere to our program rules proactively.

GRANT OF LICENSES

1. We grant 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.

2. You are only entitled to use the Licensed Materials to the extent that you are a member in good standing of the Program. You agree that all uses of the Licensed Materials will be on behalf of the Program and the goodwill associated therewith will insure to the sole benefit of us.

3. 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 right, title, and interest to its respective rights, and no right, title, or interest is transferred to the other.

4. Except for the limited license granted under this section, you do not obtain any rights under this Agreement in any intellectual property, including, without limitation, any intellectual property with respect to our Affiliate Link, link formats, technical specifications, guidelines or graphical artwork referenced above, or with respect to our domain name.

REPRESENTATIONS AND WARRANTIES

You represent and warrant that:

1. This Agreement has been duly and validly executed and delivered by you and constitutes your legal, valid, and binding obligation, enforceable against you in accordance with its terms;
2. You have the full right, power, and authority to enter into and be bound by the terms and conditions of this Agreement and to perform your obligations under this Agreement, without the approval or consent of any other party;
3. You have sufficient right, title, and interest in and to the rights granted to us in this Agreement.

DISCLAIMER

THE BENEFICIARY MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES REGARDING OUR PROGRAM, SERVICE, AND WEBSITE OR THE PRODUCTS OR SERVICES PROVIDED THEREIN, ANY IMPLIED WARRANTIES OF OUR ABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT ARE EXPRESSLY DISCLAIMED AND EXCLUDED. IN ADDITION, WE MAKE NO REPRESENTATION THAT THE OPERATION OF OUR SITE WILL BE UNINTERRUPTED OR ERROR-FREE, AND WE WILL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS OR ERRORS.

LIMITATIONS OF LIABILITY

WE WILL NOT BE LIABLE TO YOU WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE OR GOODWILL OR ANTICIPATED PROFITS OR LOST BUSINESS), EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS AGREEMENT, IN NO EVENT SHALL THE MERCHANT’S CUMULATIVE LIABILITY TO YOU ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER BASED ON CONTRACT, NEGLIGENCE, STRICT LIABILITY, TORT, OR OTHER LEGAL OR EQUITABLE THEORY, EXCEED THE TOTAL COMMISSION FEES PAID TO YOU UNDER THIS AGREEMENT FOR THE LAST 3 MONTHS.

INDEMNIFICATION

You hereby agree to indemnify and hold harmless the Beneficiary, and its subsidiaries and affiliates, and their directors, officers, employees, agents, shareholders, partners, members, and other owners, against any and all claims, actions, demands, liabilities, losses, damages, judgments, settlements, costs, and expenses (including reasonable attorneys’ fees) (any or all of the foregoing hereinafter referred to as “Losses”) insofar as such Losses (or actions in respect thereof) arise out of or are based on (i) any claim that our use of the affiliate trademarks infringes on any trademark, trade name, service mark, copyright, license, intellectual property, or other proprietary rights of any third party, (ii) any misrepresentation of a representation or warranty or breach of a covenant and agreement made by you herein, or (iii) any claim related to your site, including, without limitation, content therein not attributable to us.

CONFIDENTIALITY

All confidential information, including, but not limited to, any business, technical, financial, and customer information, disclosed by one party to the other during negotiation or the effective term of this Agreement which is marked “Confidential,” will remain the sole property of the disclosing party. Each party will keep in confidence and not use or disclose such proprietary information of the other party without the express written permission of the disclosing party.

MISCELLANEOUS

1. You agree that you are an independent contractor, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between you and us. You will have no authority to make or accept any offers or representations on our behalf. You will not make any statement on Your Site or any other of Your Site or otherwise, that reasonably would contradict anything in this Section.
2. Neither party may assign its rights or obligations under this Agreement to any party, except to a party who obtains all or substantially all of the business or assets of a third party.
3. This Agreement shall be governed by and interpreted by the laws of Romania without regard to the conflicts of laws and principles thereof.
4. You may not amend or waive any provision of this Agreement unless in writing and signed by both parties.
5. This Agreement represents the entire agreement between us and you and shall supersede all prior agreements and communications of the parties, oral or written.
6. The headings and titles contained in this Agreement are included for convenience only, and shall not limit or otherwise affect the terms of this Agreement.
7. Suppose any provision of this Agreement is held to be invalid or unenforceable. In that case, that provision shall be eliminated or limited to the minimum extent necessary such that the parties’ intent is effectuated, and the remainder of this agreement shall have full force and effect.
8. Our failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this Agreement.

ELECTRONIC SIGNATURES EFFECTIVE

The Agreement is an electronic contract that establishes the legally binding terms of your participation in the WPRiders affiliate program. By completing the affiliate program application process, you indicate your acceptance of this Agreement and all of the terms and conditions contained or referenced in this Agreement. This action creates an electronic signature with the same legal force and effect as a handwritten signature.

DATA PROTECTION AFFIDAVIT

In accordance with the EU Regulation no. 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46 EC (GDPR), being fully aware that this statement does not replace our obligation to have a Privacy/Cookies Policy or other personal data protection documents enforced by the law, we hereby declare that we fully understand that the protection of the personal data is a fundamental human right and therefore we shall take all technical and organizational measures to do such. Implementation of such measures can be proven, upon written request.

We will maintain confidentiality when processing personal data within the terms of the Service Agreement and work only with employees/collaborators who have been bound to confidentiality and have been previously trained with respect to the data protection provisions relevant to their work. Also, the aforesaid persons shall be instructed with respect to GDPR and ____________ (hereinafter referred to as “Provider”) will ensure that they respect GDPR.

WPRIDERS shall be informed immediately of any inspections and measures conducted by the supervisory authority, insofar as they relate to the Service Agreement.

The following types of personal data may be processed based on this contract: name, surname, phone number, e-mail address, location, address, series and number of identification card, national identification number, passport, signature, studies, qualification, the contact details of employees, collaborators. The data will be processed for the purpose of maintaining correspondence throughout the duration of the contract, as well as for any other collaboration. This type of data can also be included in the accounting documents such as invoices. It will be processed for a period at least equal to the legal term for keeping each type of document. The retention period may be extended depending on the relevant legal provisions.

We shall not process data or allow disclosure to third parties, except from legal situations, respecting the principle of minimizing data processing and only for the purpose of achieving the object of the contract.

We ensure WPRIDERS that all natural persons involved in the performance of the contract will be informed and will have the following rights respected:

• The access right means the right of the data subject to obtain a confirmation regarding the existence of the processed data and, if so, access can be obtained to the respective data and to information on the way in which the data are processed;
• Correction right refers to the correction, without undue delay, of inaccurate personal data. The rectification will be communicated to each recipient to whom the data were transmitted, unless this proves impossible or involves disproportionate efforts;
• Data deletion (“the right to be forgotten”) means certain persons can request the deletion of personal data, without undue delay, under conditions of care, in the case one of the following reasons can be applied: they are no longer important for fulfilling the purposes for which was collected or processed; the person concerned decides to withdraw his or her consent if there is no other legal basis for the processing; the person concerned opposes to the processing and there are no legitimate reasons to prevail; the personal data have been unlawfully processed; personal data must be deleted in order to comply with legal obligations;
• Restricted processing right can be exercised in case the accuracy of the data processed is contested, for a period that allows the verification of the accuracy of the personal data; the processing is unlawful and the data subject opposes the erasure of the personal data and requests the restriction of their use instead; the controller no longer needs the personal data for the purposes of the processing, but they are required by the data subject for the establishment, exercise or defence of legal claims;
• The data portability right refers to the right to receive personal data in a structured, commonly used and automatically readable format and to the right to have this data transmitted directly to another controller, but only if this is feasible from a technical point of view;
• Opposition right refers to the right of the data subject to oppose the processing of personal data when the processing is necessary for the performance of a task that serves a public interest or when it considers a legitimate interest of the controller. When the processing of personal data is aimed at direct marketing, the data subject has the right to object to the processing at any time;
• The right to complaint with the data protection authority: ANSPDCP.

In case of any data protection incident/breach regarding the personal data processed following the agreement between parties, we shall notify WPRIDERS promptly within 24 hours from the moment when we become aware of the event.

• DATA PROCESSOR

At the same time, the processing of personal data will be also performed by the Company also as data processor according to the relevant GDPR provisions. In this case, the information contained by the websites which are the object of the contract between parties are processed by us as a data processor. Such data may result, for example, by accessing tools such as: LastPass, GitLab, Google Drive, Asana, BlogVault, etc.

Scope. The data processor will process personal data only for the sole purpose indicated by WPRIDERS and will have a clear record of the processing operations. The processing of personal data will be done only for the purpose of performing the contract, by respecting this statement and only to the extent that: it is required to provide services based on the contract; or in case that WPRIDERS has asked in writing to do so; or the processing is required to comply with legal provisions (in this case, the data processor should notify WPRIDERS in writing). The data processor shall not perform any other processing of personal data, unless the parties have agreed in writing.

Processed data. The personal data categories which can be processed under the contract can be extremely different, due to the nature of the projects carried out between the parties. By way of example, personal data may relate to elements such as: first name, last name, e-mail, address etc. The personal data processed may not be listed in an exhaustive manner.

Confidentiality. The data processor will ensure that all the persons involved in the processing of personal data have been informed of the confidentiality obligation, that they have been trained regarding their responsibilities and they have signed written confidentiality agreements.

Restricting access. The data processor will ensure that the access to personal data is limited to employees who provide services based on the hereby contract.

Appropriate technical measures. The data processor ensures the implementation of technical measures in accordance with the data protection requirements and guarantees WPRIDERS that it has implemented these measures.

Collaboration. The data processor will collaborate with WPRIDERS in order to ensure that all the rights mentioned above are respected, as well as in the situation where it is necessary to collaborate in the various procedures conducted by the data protection authority.

Other data processors. The data processor will not assign its obligations on data protection to a sub-processor without a prior notice to WPRIDERS. For reasons of clarity, any other person who will process personal data except the data processor will be considered sub-processor. To the extent that it requests the assignment of obligations, the data processor will ensure that such sub-processor can respect the same obligations as those mentioned hereby and in the contract, with subsequent amendments.

Termination of processing. Upon termination of the contract, personal data will be deleted and, if not allowed, all personal data will be returned by the data processor and any other sub-processor involved. Any processing of personal data will be explained in writing by the data processor and can be reasonably contested by WPRIDERS.