ENThis Agreement outlines the terms for the Gainium Affiliate Program between you and Gainium. Herein, “you” and “referrer” denote the individual or entity participating in the program, while “we”, “us”, and “our” refer to Gainium.
Participation in the Gainium Affiliate Program signifies adherence to this Agreement's conditions. We retain the right to alter this Agreement, notifying you via email, account, or our website. Continued use indicates acceptance of changes.
1 Affiliate Program Description
1.1 To participate, one must be legally competent or represent an entity and have an active Gainium account, in harmony with Gainium's Terms and Conditions.
1.2. This program lets you advertise Gainium on your platform, directing traffic to our website. If a visitor becomes a paying user through your hyperlink, you earn a commission.
1.3. Gainium can review and guide your link placement to ensure alignment with provided guidelines.
1.4. After using your link, visitors have 30 days to register. If they access Gainium through another referrer within this period, you won't earn a commission.
1.5. Commissions don't apply for referrals through Gainium's proprietary content on your platform.
1.6. Your platform must respect intellectual property rights. Any violations render you accountable, not Gainium.
2. Affiliate Restrictions
2.1. Affiliates shall not:
- Use Gainium's trademarks in domain names.
- Undertake harmful activities against Gainium.
- Market to individuals violating Gainium's Terms.
- Have multiple affiliate accounts.
2.2. Your platform should not:
- Disseminate misleading information about Gainium.
- Mimic Gainium's website.
- Engage in spamming.
- Breach laws or promote illegal activities.
- Support violence or discrimination.
- Link to controversial content.
- Create dishonest referrals.
- Misrepresent Gainium's viewpoints.
2.3. Gainium can terminate agreements for any violations. Commissions may be reclaimed for such breaches.
2.4. By joining, you confirm this Agreement’s legal validity and your authority and rights to uphold its terms.
2.5. Gainium can refuse any referral at its discretion.
3. Commission & Payments
3.1. Commission equals 30-50% of purchase amounts by referred users, minus applicable VAT. Retroactive adjustments are excluded.
3.2. Payout criteria include:
- Full payment for a new subscription by the user.
- Maintained active user status.
- Absence of reversed payments.
3.3. Payouts are available when your balance surpasses 25 EUR, considering possible deductions due to refunds or chargebacks.
3.4. Withdrawal conditions apply as stated, ensuring accurate details are provided for timely payments.
3.5. Payment structures vary based on subscription durations.
3.6.The commission you earn from referring a new user to Gainium depends on the number of successful referrals (that paid for a subscription) you've made in the past 30 days. Here's the breakdown:
- Level 1: Earn a 30% commission with 0-4 referrals.
- Level 2: Earn a 35% commission with 5-24 referrals.
- Level 3: Earn a 40% commission with 25-49 referrals.
- Level 4: Earn a 45% commission with 50-99 referrals.
- Level 5: Earn a 50% commission with 100 or more referrals.
4. Responsibility
4.1. Affiliates receive promotional links. Correct referral ID usage is the affiliate’s responsibility, ensuring truthful Gainium representation.
4.2. Gainium isn’t liable for missed commissions due to technical issues or other deterrents. We oversee sales, commission tracking, and provide access to a reporting tool.
5. License Grant
5.1. We give you a limited, non-transferrable, revocable license to access our website via HTML links and use Gainium’s brand assets in connection with these links. The use of licensed assets must maintain the integrity of the Gainium brand.
6. Limitation of Liability
6.1. The Gainium Affiliate Program is offered on an “as is” and “as available” foundation. Your use of the Affiliate Program is solely at your discretion. Gainium offers no guarantees or assertions, either implicit or explicit, regarding the Affiliate Program or any information or service provided via the program.
6.2. Gainium is not accountable for any harm, injury, or economic setback resulting from utilizing the Affiliate Program. If any segment of the Affiliate Program causes harm or inconvenience to you or anyone representing you, you accept all responsibilities and associated costs.
6.3. In no scenario will Gainium be liable for any kind of damages, whether direct, indirect, incidental, punitive, special, or consequential, related to this Agreement, your ability or inability to use the Affiliate Program, Gainium's platform, or its website. This limitation applies regardless of the basis of liability, even if we have been informed of potential damages. Additionally, Gainium's total liability to you under this Agreement will not exceed the total commissions paid to you.
6.4. The stipulations of this section define the risk distribution between you and Gainium. This distribution and the limitations of liability are fundamental to our mutual agreement.
6.5. These liability exclusions will stand as far as the law permits. Some jurisdictions might not allow certain exclusions, so not all the above limitations may apply.
7. Indemnity
7.1. You bear complete responsibility for fulfilling your obligations under this Agreement. You must cover any damages resulting from not meeting or inadequately meeting these obligations.
7.2. To the extent allowed by the law, you agree to shield and indemnify Gainium, its stakeholders, officers, directors, and employees, from any claims or liabilities stemming from your use of the Affiliate Program, breach of this Agreement, or any content not supplied by us. If a potential claim arises, you must notify Gainium promptly. Such notification doesn't absolve you of your indemnification obligations. Gainium has the right to control the defense against these claims at your expense.
8. Force Majeure
8.1. You understand that Gainium isn't liable for any setbacks or losses caused by uncontrollable events, such as governmental actions, wars, natural disasters, communication breakdowns, unauthorized access, or any other unforeseen events beyond Gainium's control.
9. Termination
9.1. This Agreement starts once Gainium approves your affiliate application. Either party can end it with a 7-day written notice.
9.2. Gainium can terminate immediately if:
- A legal order mandates it.
- You violate any law or regulation.
- You significantly breach this Agreement and fail to rectify it within a reasonable period set by Gainium.
- You misuse or exploit the Affiliate Program.
- You face bankruptcy or insolvency.
- Any other provision within this Agreement allows for termination.
9.4. Termination notices must be sent through registered mail or email to the respective parties.
9.5. Post-termination, you must immediately stop any Gainium-related promotional activities and refrain from using any of Gainium's intellectual properties or confidential information.
10. Notices
10.1. Electronic communications regarding account finances are permissible. Notices might also be posted on Gainium's website or sent to your registered email, deemed received within 24 hours of posting or sending.
11. Complaints
11.1. For grievances or support, contact us at the provided email. We aim to respond within 48 business hours, but complex queries might take up to 30 working days.
12. Governing Law and Jurisdiction
12.1. The laws of the Republic of Estonia guide this Agreement, disregarding any conflict of laws principles.
12.2. Disputes relating to this Agreement will be settled by the Arbitration Court of the Estonian Chamber of Commerce and Industry in Tallinn. Proceedings will be in English, and any claim must be filed within six months of the incident that caused it.
13. Miscellaneous
13.1. This Agreement doesn't establish an exclusive relationship or partnership between us.
13.2. If any part of this Agreement becomes void or unenforceable, it won't affect the validity of the rest.
13.3. This Agreement represents our full understanding and supersedes all prior understandings and agreements.
13.4. Failure to enforce any term doesn't waive our right to do so later.
13.5. You can't transfer or assign this Agreement, but Gainium can without restriction.
13.6. Only parties to this Agreement can enforce its terms.
