TERMS PLATFORM

1. General Terms & Conditions

1.1. LinkReward is a multi-media services publisher. As part of its policy of marketing its services to its customers (hereinafter: the users) LinkReward proposes a PARTNERSHIP with publishers of web sites (hereinafter: the PUBLISHERS).

1.2. These General Terms & Conditions of Partnership describe the provisions for the exercise of this partnership. The fulfilment by the parties of the starting conditions for the PARTNERSHIP includes the full agreement of these parties with the Terms & Conditions of Partnership.

 

2. Partnership - Description

2.1. LinkReward operates an affiliation platform offering Internet users mobile Internet services (hereinafter the SERVICES) offering content or products. These products or content are for a sale, acquisition without charge or a statement of interest (made by validating a form).

2.2. The PUBLISHER publishes web sites intended for Internet users. These sites regularly receive visits from Internet users (the traffic). Among these visits, a fraction is made by Internet users connecting via mobile networks (GSM) in France and worldwide (hereinafter: the MOBILE TRAFFIC), while the PUBLISHER's website has perhaps not been optimised to process effectively this type of traffic.

2.3. The partnership therefore consists of the PUBLISHER redirecting its MOBILE TRAFFIC to a SERVICE provided by LinkReward. In return, LinkReward pays the PUBLISHER a previously agreed sum of money for the actions carried out by the user for LinkReward's services (the COMMISSION).

 

3. Beginning and end of the partnership

3.1. The PARTNERSHIP begins when the two following conditions are fulfilled:

(i) LinkReward has provided the PUBLISHER with a partner identifier.

(ii) The PUBLISHER has implemented a redirection script or advertising banners on its site(s).

3.2. The PARTNERSHIP is entered into for a period of six months and is automatically renewable for the same period. The contract expires at the end of the current period at the request of the PUBLISHER or LinkReward after a one-month notice period.

 

4. Commission calculation

4.1. Definition: The payout is 60% of sales, excluding tax and excluding the operator's commission for LinkReward's service, by the customer during a visit made following redirection by the PUBLISHER.  If a Oneshot/PPS agreement has been concluded between the parties, the revenue is a fixed, predetermined amount, paid at the time of the customer acquisition. For Oneshot/PPS agreements, payments are made 60 days after the end of the invoice month.

4.2. Visits: When it redirects a customer to LinkReward, the PUBLISHER indicates through a redirection setting that it is the source of this redirection. When LinkReward receives the customer on its site, it shall create a session in a database corresponding to the customer's visit and indicate that the PUBLISHER is at the origin of this session. All purchases or actions made by the customer during this session for this SERVICE shall then be calculated in the commission to the PUBLISHER. In the case of a purchase of a recurring subscription, renewals related to this purchase shall give rise to a commission to LinkReward. Purchases made during another visit (and therefore another session) shall not result in commission being paid. Similarly, we will no longer be able to pay transactions whose actual date of purchase by the end customer exceeds one year (i.e. 365 days after purchase) and still have not been invoiced.

4.3. The partner identifier: The PUBLISHER is responsible for the correct transmission to LinkReward of the partner identifier when redirecting the customer to LinkReward's services. If this identifier is not provided or if it is incorrect, the traffic redirected by the PUBLISHER shall not give rise to a commission.

 

5. Account referral

5.1. Definition: The WEBMASTER has a referral URL for his account,  which he can publicise to other webmasters or on his website via a link to the Regulations of various countries platform.

5.2. Commission: If this other affiliate subscribes to the platform via this link,  LinkReward will pay the Webmaster 6% of this new affiliate's turnover excluding tax, for life.

 

6. Commission method

6.1. Commission monitoring The PUBLISHER shall have access to the extranet enabling it to monitor, on a daily basis, the Sales resulting from the users redirected to LinkReward's services.

6.2. Commission invoice: Each month at the start of the month, LinkReward shall issue the PUBLISHER a notice sent by email indicating the amount of commission it expects to be invoiced covering the previous month. Commission is then paid on receipt for the invoice corresponding to the invoice notice.

 

7. The publisher's obligations (LinkReward)

7.1. The PUBLISHER shall hold the necessary rights relating to and/or for the sale of the advertising space.

7.2. The PUBLISHER guarantees that none of the advertising activities:

(a) infringe any third party rights (including copyrights, trademark rights, individual rights or similar rights) or

(b) violate other legal provisions (in particular, those relating to competition law) or incite violence or are subversive, racist, pornographic or harmful to the morals of young people or should not be published.

(c) Partner or any of partners affiliated sites will not contain any illegal and/or objectionable materials, including, but not limited to, child pornography, rape, incest or bestiality.?Partner affiliates must comply with US 2257 Compliance requirements : All persons who appear in any visual depiction contained were eighteen years of age or older at the time of the creation of such depictions.  The records required by Section 2257 of Title 18 of the United States Code with respect to visual depictions of actual sexually explicit conduct are kept by the custodian of records.

7.3. The PUBLISHER shall refrain from simulating business transactions which have not actually taken place, e.g. unduly indicating third party data or incorrect or non-existent data for the ordering of goods and/or services or on-line registration

7.4. When sending e-mails or text messages containing advertising, the PUBLISHER undertakes to respect the prohibition on sending unwanted advertising ("spam").

 

8. Redirection website

8.1. LinkReward guarantees having obtained beforehand all the required approvals from third parties for the execution of the PARTNERSHIP. LinkReward, in particular, makes an undertaking to hold all of the intellectual property rights for the content and products made available on-line and which form a part of the planned operations.

8.2. LinkReward shall refrain from publishing Services in connection with content and products:

(i) likely to incite violence or discrimination, which are threatening, libellous, which violate human dignity or the life or the rights of others, which incite hatred, are racist, xenophobic or otherwise objectionable or in general, contrary to current laws,

(ii) which include computer defects or anything likely to disrupt, destroy or limit the functionality of any computer software or telecommunications equipment.

 

9. Data Protection

9.1. The collection, processing and use of personal data are a prerequisite for the operation of the LinkReward service. LinkReward processes and uses personal data exclusively in compliance with the applicable statutory provisions governing data protection. Processing and use of personal data for purposes other than those mentioned above may be carried out only on the basis of an agreement expressly made with the

PUBLISHER.  

10. Unavailability of Services

10.1. Given the natures of the SERVICES and conditions under which the SERVICES are rendered, the PUBLISHER acknowledges and agrees that the SERVICES may be unavailable, in particular, for maintenance work, updates and/or developments or incidents.

10.2. LinkReward formally prohibits any WEBMASTER from engaging in any SMS or email SPAM campaign that sends out a large amount of messages containing an URL directing towards LinkReward services.

 

11.       Ethics regulations and the fight against fraud

Following numerous abuses, operators are seeking to involve all parties in the fight against the fraudulent promotion of mobile services and to strengthen consumer protection. Because the fight against fraud is something that concerns us all and at the risk of incurring penalties, we ask each of our PUBLISHERS to ensure proper compliance with the following rules for managing their website or that of their network of affiliates/sponsored parties:

11.1.   LinkReward forbids the PUBLISHER from implementing any SMS or SPAM campaigns (email and/or SMS) with a mass URL distribution leading to LinkReward's services. 

11.2.  Protection of minors

It is forbidden to promote adult/X-rated services on mainstream sites. By mainstream sites, we mean that none of the traditional websites should include messages or visual references to adult or X-rated material. 

Specific example: In Belgium, mainstream sites that sometimes promote adult services, like Twitter for example, may be used provided that the nature of the service behind the communication is sufficiently clear and unambiguous.

11.3.   No false or deceptive promotion is tolerated. The Publisher respects the regulations in force and, in particular, must not mislead Users about the content, rates, options or procedures for delivering the Service offered in the promotional material for the Service. 

It is not possible to use misleading words such as "Free" or "No charge" on services that are payable.

SPECIFIC EXAMPLES

France/Belgium : Generic banners (like "Play", "Download", "You have a message" etc.) are not permitted for the promotion of services. This is associated with deceptive banners, too vague to truly reflect what the customer will find on the LinkReward service.

In BELGIUM, it is however possible to use "Play" or "Download" banners to promote LinkReward's Mainstream services ("You've Got Mail" or "Free" remain strictly prohibited)

In France : It is not possible to promote LinkReward's services through textual or visual content belonging to the "Restricted to Adults" category, or referring to a pornographic domain (examples: "Porn video" "X-rated film")

In France: There must be consideration of the context in which the banner appears: The Publisher is forbidden from fostering confusion between its internet communication media, whatever form these might take (banners, click to action, etc.) and the context in which they appear - both in their formulation and their position on the page where they appear. For example, the process of positioning a button on or near a video on a video streaming site, suggesting that the user will be able to watch this video while this button redirects towards the LinkReward service is prohibited. 

To guard against this, LinkReward forbids the PUBLISHER from using banners and ad banners not supplied by LinkReward, redirecting to LinkReward services. Within the scope of redirection by banners, traffic can only be sent to LinkReward services via banners produced, certified and supplied by LinkReward. LinkReward takes no responsibility if a PUBLISHER uses unapproved banners on any carrier towards LinkReward services

11.4.   No forced redirection is tolerated. It is not possible to launch an automatic action without the explicit consent of the end consumer. It is not possible to initiate the path with a pop-up that offers no option to exit from the sequence for the User and that redirects them aggressively to the LinkReward Service

The use of the WhatsApp platform to promote links to LinkReward services is prohibited.

11.5.   So-called "Content-locking" pathways are strictly prohibited: This implies that the delivery of content or access to a service other than that of LinkReward cannot be packaged, linked to or conditional upon subscription to a LinkReward Service. Thus, procedures that lead the User to subscribe to a LinkReward service, to obtain a service other than that of LinkReward in return (participation in a draw, finding out winnings, finding out test results, winning a phone, obtaining anti-virus software, etc.) are prohibited.

In addition, the following processes based on unfair, aggressive and/or misleading communication, are prohibited: 

It is not possible to make the User think that a problem has been detected on their phone (viruses detected, app needing to be updated, etc.) 

It is not possible to psychologically condition the User to automatically click on the action and payment buttons and/or automatically enter their phone number.

11.6.   All web and/or mobile traffic sent by the PUBLISHER to LinkReward services must comply with the ethical requirements of each country and the operators of the countries from where the traffic originated. These regulations are presented on the Affil4you platform, in the general T&Cs, and on all official sites of the mobile market's regulating bodies:

Any use of LinkReward banners must respect these rules of conduct.

11.7.   To limit the risk of fraud linked to many cascaded providers, the positioning of a tracker identifying sub-affiliates may be required.

11.8.   In case of suspicion, LinkReward reserves the right to analyse any information relating to past transactions retrospectively.

11.9.  In case of verified fraud or non-compliance with any of the above rules by the PUBLISHER, LinkReward has the right to apply sanctions commensurate with the gravity of the offence: call to order, blocking of the campaign, non-payment of the corresponding pay-out, closure of the affiliate account on the platform or legal prosecution. LinkReward also reserves the right to forward to the PUBLISHER any fines and complaints due to breaches of its obligations and may also claim for damages to compensate for any harm suffered.

Of course, our entire team is at your disposal should you have any questions. 

12. Warranties - Limitation of Liability

12.1. The SERVICES are supplied as stated. Subject to current legislation, LinkReward provides no express or implicit warranty. In particular, LinkReward gives no guarantee in respect of the forecast amount of the commissions that shall result from the partnership with the PUBLISHER.Moreover, LinkReward does not guarantee that the Services shall be free of errors or that they shall operate in an uninterrupted way.

12.2. Subject to applicable law, the PUBLISHER acknowledges and agrees that LinkReward may not be held liable for any losses whether direct or indirect or tangible or intangible, in particular, the loss of customers, revenue, data or other losses of any kind (even if LinkReward has been advised of the possibility of such losses) resulting from the use or inability to use fully or partially the SERVICES, for the cost resulting from obtaining replacement goods or services or for any other matters connected to the SERVICES.

13. Force majeure

13.1. Circumstances or events beyond the control of the parties which prevent the normal execution of the contract shall be considers as events of force majeure.

13.2. In this case, the obligations of LinkReward or the PUBLISHER, insofar as the force majeure affects them, are suspended.

14. Applicable law – Disputes

14.1. The Services Contract is governed by French law.

14.2. Any dispute regarding the Service Contract and more generally the relationship between LinkReward and the PUBLISHER shall be subject to the competent courts in the jurisdiction of the Court of Appeal of Paris.