AFFILIATE PROGRAM TERMS AND CONDITIONS

WEBBYANNIE AB AFFILIATE PROGRAM TERMS AND CONDITIONS

 

This Affiliate Agreement (“Agreement”) is entered into by and between WebByAnnie AB, a company duly incorporated under the laws of Sweden, hereinafter referred to as (“Company”, “We”), and the party applying for the affiliate program (“Affiliate”, “You”).

 

1. PROGRAM PARTICIPATION

To apply, you must complete the Affiliate Program Application via our portal. We will evaluate your application and notify you of your acceptance or rejection. We may reject your application if we determine that your site or channels are unsuitable for the Program for any reason, at our sole discretion.

 

2. PROMOTIONAL METHODS

You may use graphic and text links both on your website, social media channels, and within your email messages. You may not run search engine ads, Facebook ads, or other ads that compete with our own marketing. You are not allowed to run any search engine ads (especially on branded terms or domain names), Facebook ads, or other ads that would compete with our own marketing and potentially cause confusion for customers. We reserve the right to terminate your account if we detect any such activity.

All posts and promotional materials must meet the following standards:

(a) Comply with Marketing laws such as, FTC’s Guides Concerning Endorsements and Testimonials in Advertising.

(b) Clearly and conspicuously disclose the Affiliate’s “material connection” to the Company and that the Affiliate is being compensated by the Company. The disclosure must not be “buried” in a link, hashtag, or elsewhere.

(c) Only include factual and verifiable statements about the Company and its products and services, consistent with the campaign instructions provided by the Company.

(d) Not include intellectual property of others (e.g., music, photos, logos, etc.).

(e) Comply with the rules of the relevant social media platform, as well as all applicable laws.

The Affiliate agrees to correct non-compliant posts and/or to allow the Company to make corrections. Non-compliant posts are grounds for termination of this Agreement and/or withholding of fees.

 

3. PROHIBITED USAGE

The following cases prohibited and are grounds for immediate termination of the affiliate account:

3.1 Spamming

3.2 Advertising on sites containing/promoting illegal activities

3.3 Violation of intellectual property rights (e.g., trademark infringement)

3.4 Inappropriate advertisements (False claims, misleading hyperlinks, etc.)

3.5 You are not permitted to sign up / purchase through your own affiliate link. If we detect any self-referrals, your account will be permanently banned and any commission earned will be forfeited.

 

4. DISCLOSURE

The Affiliate shall disclose the material connection between the Affiliate and the Company in compliance with Marketing Laws such as Federal Trade Commission guidelines and regulations. Such disclosure shall be placed in a prominent location, accessible to customers prior to their engagement in a purchase or other monetary transaction.

 

5. PRIVACY + PROTECTION OF PERSONAL INFORMATION

We respect your privacy and are committed to protecting it.  We may use certain information that we collect from you to operate WebByAnnie AB and provide our Affiliate Programs.  Please review our Privacy Policy to understand the types of data we collect from you and your devices (“Data”) in connection with your Affiliate sign up and how we use your Data.

 

6. AFFILIATE PAYMENT

The Affiliate will receive a commission for directing authorized sales via their links. The commission rate varies by product or service, and these rates will be specified on the individual affiliate page for each product or service, as well as on the Affiliate Dashboard.

For membership subscriptions referred by the Affiliate, the Affiliate will earn a commission for every renewal as long as the referred member stays active and does not make changes to their membership, unless the Affiliate Page for that membership states otherwise.

In order to place links and earn commissions, the Affiliate must first be approved by the Company. Payouts will be processed by Tolt, Inc., operating on a Net-30 schedule. Meaning payouts are generated 30 days after the month ends. For example, payouts for February are generated on or before the 30th of March, subject to review and potential adjustments for fraud and refunds. The initiation of the payout process depends on the confirmation of invoice payment from the Company to Tolt. This process is assured to be prompt, and no later than 30 days after generation. Once confirmed, the timing for payouts to Affiliates varies based on the selected payout method: typically less than a day for PayPal and 1-3 business days for bank transfers.

Depending on how the Affiliate chooses to get paid, there might be fees associated with the Payout, for example PayPal fees, Bank transfer fees, Currency conversion fees or other fees. Those fees are deducted from the Affiliate’s payout.

Note that TAX and VAT implications may apply to the Affiliate’s commission earnings. In instances where VAT is applicable, it will be calculated based on the gross value of the sale, prior to the commission being calculated.

 

6.1 TAX RESPONSIBILITIES AND DOCUMENTATION

The Affiliate acknowledges and agrees that they are solely responsible for the payment of all taxes and any related obligations that may arise from the earnings generated through participation in the WebByAnnie AB Affiliate Program. This includes, but is not limited to, income tax, VAT, and any other applicable taxes or government charges. The Affiliate understands that Tolt, Inc., our payment processor, may require the submission of tax documentation (such as IRS Form 1099 or equivalent) for the purpose of reporting income. The Affiliate agrees to promptly provide all necessary tax documentation upon request to facilitate compliance with tax laws and the processing of payments.

6.2 AGREEMENT TO PROVIDE TAX INFORMATION

As part of their participation in the Affiliate Program, the Affiliate agrees to provide WebByAnnie AB and/or Tolt, Inc. with accurate and up-to-date tax information as required for income reporting purposes. This may include, but is not limited to, providing a completed W-9, W-8BEN, or similar form. Failure to provide required tax information may result in the withholding of payments until such information is provided and verified.

 

7. SUBSCRIPTIONS + SUBSCRIPTION CANCELLATIONS

When the Affiliate refers a sale of a membership, subscription, or other product (Collectively “Subscription”) with a recurring payment the Affiliate will earn a commission for every renewal as long as the referred member stays active and does not make changes to their membership, unless the Affiliate Page for that Subscription states otherwise.

If a Subscription is edited in any way, the link will be broken, and the Affiliate will no longer earn commission, Such edits can be, cancellations, tier changes, Subscription type edits, upgrades or downgrades, payment changes, payment interval edits, failure to pay Subscription, and more.

 

8. PROMOTIONS + DISCOUNTS

We may occasionally market and/or advertise promotions, discounts, limited time offers, and/or bonuses (“Promotions”) to potential Affiliates. You are entitled to take advantage of any active Promotions when you join as an Affiliate. Promotions are offered manually and/or through automated campaigns at any given time and are not guaranteed to be available when you join the Affiliate Program. We reserve the right to change or alter any Promotions at any time and at our sole discretion. If you joined prior to any associated Promotions, we are unable to honor the new offer.

 

9. INDEPENDENT CONTRACTOR STATUS

The Affiliate’s relationship with WebByAnnie AB is that of an independent contractor, and nothing in this Agreement is intended to, or should be construed to, create a partnership, agency, joint venture, or employment relationship. The Affiliate is not entitled to any benefits that WebByAnnie AB may offer to its employees, including, but not limited to, health insurance, disability insurance, and retirement contribution plans. As an independent contractor, the Affiliate is solely responsible for all taxes, withholdings, and other statutory or contractual obligations of any sort, including, but not limited to, those relating to income tax and employment insurance.By participating in the WebByAnnie AB Affiliate Program, the Affiliate acknowledges and agrees that they are operating as an independent business entity, responsible for the management of their own business, the payment of taxes, and compliance with all relevant legal and regulatory requirements. The Affiliate agrees to indemnify and hold harmless WebByAnnie AB from any claims, damages, or expenses, including reasonable attorneys’ fees, arising from the Affiliate’s failure to meet these obligations.

 

10. DISCLAIMER

You understand and agree that the content included in any of the Affiliate Programs is merely meant to be informational in nature and does not represent any level of legal, medical, financial, or other professional industry-specific advice. As such, our Company will not be responsible for any damages that result from the use of the Products.

Our Affiliate Programs are not in any way sponsored, promoted, administered by, or associated with Instagram or Facebook or Meta or TikTok.

 

11. EARNINGS & RESULTS DISCLAIMER

We make every effort to ensure that we accurately represent the educational and helpful value our Affiliate Program provide. As with any other Affiliate Program, individual results will vary based on capacity, skills, financial condition, education, motivation, experience, changes in the market, and other factors, and we therefore cannot guarantee that you will succeed in your marketing, grow your social media, or earn any money by implementing the tools and techniques provided in our Affiliate Program.

We may share results, social media growth, revenue and sales figures on our Website and through other channels to showcase exceptional results that others have achieved after utilizing our Affiliate Program. These results and figures are used as our marketing and promotional materials and do not guarantee results of any kind.

Keep in mind that these results do not reflect the average experience, and that you should not rely on any information we present as a promise, guarantee, or expectation of social media growth, sales, revenues, or earnings. We do not guarantee that you will achieve the same results, and you accept the risk that your results may differ from the results we share on a case-by-case basis.

We provide our Affiliate Program without any express or implied warranties.  Any use of the information contained in our Affiliate Program is done at your own risk. By continuing to use our Affiliate Program and Websites, you agree that we are not responsible for your decisions regarding our Affiliate Program.

We will be happy to verify any claims of actual growth, earnings or examples of exceptional results upon request.

 

12. AFFILIATE SALES TRACKING AND COMMISSION ELIGIBILITY

In our commitment to maintain a transparent and fair Affiliate Program, it is important to outline the conditions under which sales generated through Affiliate Referral Links are tracked and commissions are calculated. Please note the following stipulations:

13. 14. 1. Malformed Referral Links: Sales generated through Referral Links that are incorrectly formatted or otherwise malfunctioning may not be eligible for commission tracking or payout. Affiliates are responsible for ensuring their Referral Links are correctly implemented on their platforms.
        2. Cookie Deletion and Tracking Technology: We rely on cookies and other tracking technologies to track affiliate sales. If a potential customer deletes or blocks cookies, or if any tracking technology fails or is not supported by the user’s browser, sales made via such circumstances may not be attributed to the Affiliate, and thus, not eligible for commission.
        3. Agreement Termination: Sales made after the termination or expiry of this Agreement, or the associated Affiliate Agreement, will not be eligible for commission. It is the Affiliate’s responsibility to monitor the status of their Agreement with us.
        4. Exclusion of Taxes from Sales Revenue: The commission is calculated based on the net sale amount, which excludes any taxes, shipping, or handling fees included in the sale.
        5. Direct Purchases and Non-Referral Link Sales: Sales made by customers who directly visit our Website without clicking through an Affiliate’s Referral Link, or who purchase through another affiliate’s Referral Link, will not be credited to the initial Affiliate, even if the customer previously engaged with the initial Affiliate’s Referral Link. It is essential that the final purchase is made through an active Referral Link for a commission to be attributed.

 

15.  NO WARRANTIES + NO GUARANTEES

We are providing the Affiliate Program on this Website on an “As-Is” basis for individual use by you at your own risk and without any warranties, whether express or implied, including, but not limited to warranties of title; merchantability; fitness for a particular use; or any rights or licenses in these Terms.  The Company makes no warranty as to the accuracy and reliability of information set forth in the Affiliate Program, the Website, and Company-related documentation. While we migh reference certain results, situations or outcomes on this website, You understand and agree that joining the Affiliate Program does not guarantee specific results, including financial or other business gains for you personally and/or for the business. The information included in the Affiliate Program is provided for informational purposes only and you are responsible for implementing any business practices or suggested actions found within these Affiliate Programs.

 

16. LIABILITY

WebByAnnie AB will not be liable for indirect or accidental damages (loss of revenue, commissions) due to affiliate tracking failures, loss of database files, or any results of intents of harm to the Program and/or to our website(s).

The Company is in no way liable to the Affiliate or any other third party for any and all damages including, but not limited to, punitive or exemplary damages or those resulting from negligence relating to these Terms, regardless of whether the Affiliate was advised of such damages, the foreseeable nature of the damages, and the legal or equitable theory upon which the claim for damages is based.

This Limitation of Liability provision does not purport to affect any liability that cannot be excluded or limited under the law.

 

17. ERROR IN PRESENTATION

We strive to present information that is published correctly and update the Website, Social Media, and on the Affiliate Page regularly in a way that allows us to correct any resulting errors.  However, any of the content on the Website, social media or Affiliate Page may, at any given time, be incorrect or out-of-date. We reserve the right to make changes to Affiliate Commissions, Terms, Processes, Promotions, Availability, and to the Website, Social Media and Affiliate Program as a whole at any time under any circumstance.

 

18. TERM AND TERMINATION

Either party has the right to terminate the agreement immediately without prior notice. If the Affiliate terminates the agreement, no further commissions from the Company will be paid for any past or future customer transactions.

 

19. INTELLECTUAL PROPERTY

We own and retains all rights, titles, and interests in and to all our Images, Material, Products, Services, Subscriptions etc. (Collectively “Material”) Nothing in these Terms transfers any intellectual property ownership beyond the limited license described in the above section, and we reserve all rights not expressly granted to you. Permission to alter or modify the Material in a way that is consistent with the Terms of Purchase does not grant you intellectual property ownership or the right to modify the Material beyond these conditions, and in no way expands the limited license provided upon joining as an Affiliate.

 

20. CONSENT TO USE + YOUR COMMUNICATIONS

By submitting reviews, images, comments, testimonials, or tags (“Submissions”) to us on any platform including, but not limited to social media and online reviews, you are by default granting us a commercial license and voluntarily releasing us to use your Submissions for any reasonable future business use. In doing so, we may use your name and/or photo along with any other publicly acknowledged information that has been revealed by you when referring to your Submissions on our Website, marketing materials, guides, and any other platform not expressed in these Terms. We will not give credit or pay royalties for any unsolicited user generated content in any form.

You agree not to publish any content or communications about us that could be illegal, libelous, maliciously false, abusive, obscene or otherwise harmful or inappropriate.

 

21. NON-COMPETE

For a period of 1 year after you were an Affiliate in one of our programs, or from last payout as an Affiliate, or otherwise agree to these Terms, you understand and agree that you may not provide any services, engage in any aspect of business, and/or represent yourself and/or your business as a Digital Template Store in a way that would be considered similar in nature to the Company or its offerings. This includes offering Products, or Services that are seen as similar to the Products or Services you promoted as an Affiliate, without the prior written consent of the Company.

 

22. AGE LIMITATIONS

You acknowledge you are able to perform any and all of the obligations required under these Terms of Purchase.  By submitting a request to join our Affiliate Program or otherwise join as an Affiliate, you warrant that you meet all legal age limits in your jurisdiction that are required to use this Website and/or become an Affiliate.

 

23. MODIFICATION

We reserve the right to update and revise these Terms at any time without notice to you.  Your continued use of the Affiliate Program and Website after we have updated the Affiliate Terms and Conditions indicates your acceptance and agreement to the changes.

We may modify any of the terms and conditions within this Agreement at any time and at our sole discretion. These modifications may include, but are not limited to, changes in the scope of available referral fees, fee schedules, payment procedures, and Affiliate Program rules. We reserve the right to update and revise these Terms at any time without notice to you.

 

24. CHOICE OF LAW

Choice of Law and Jurisdiction: Sweden, Malmö. This Agreement shall be governed by and construed in accordance with the Swedish law applicable to agreements made and to be performed in Malmö, Sweden. The parties to this Agreement hereby agree that jurisdiction over such parties and over the subject matter of any action or proceeding arising under this Agreement may be exercised by a competent Court of Malmö Sweden, without regard to its conflict of law provisions. These Terms and the Parties’ relationship are governed by the laws of Sweden In the event of conflicting laws, the laws of Sweden will control.

In the event there is a dispute between the Parties that cannot be brought to an amicable mutual understanding, the Parties understand and agree that such dispute will be resolved exclusively in a court of competent jurisdiction located Sweden. The court proceeding itself will be held in Malmö Sweden, unless another location is mutually agreed to by the Parties. Any legal fees should be paid in accordance with Swedish law should enforcement of this Agreement become necessary.

 

25. NOTICES

We may provide notice to you by: (i) sending a message to the email address provided by you, or (ii) by posting to the Website. Notices sent by email will be effective at the time of sending and notices posted to the Website will be effective upon posting. You may provide notice to the Company by email to hello@webbyannie.com.

 

26. SEVERABILITY + NO WAIVER

If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court with jurisdiction, all other provisions set forth in these Terms will remain valid and enforceable. By failing to enforce any right or provision of these Terms, we are not waiving the right or ability to enforce the same rights or provisions in the future. Any right or provision in these Terms will only be considered waived if done so in writing by an authorized representative of the Company.

 

27. TRANSFER + ASSIGNMENT

You may not transfer or assign any of your rights under these Terms to any third party without the express written consent of the Company.

 

28. FORCE MAJEURE

To the extent that any failure or delay in Tracking or Affiliate Payments under these Terms is caused by or results from acts or circumstances beyond our reasonable control, we will not be liable or responsible to you and the same will not be considered a breach of these Terms.  Such acts or circumstances beyond our reasonable control could include, without limitation, acts of God, fire, flood, earthquake, natural disasters, cyber attacks, terrorism, revolution, insurrection, civil unrest, national emergency, epidemic, pandemic, labor disputes, supply chain restraints or delays in obtaining suitable materials, materials breakdown, telecommunications breakdown, or power outage.

 

29. HEADINGS FOR CONVENIENCE ONLY

The headings in these Terms are included for convenience and reference, and are not meant to describe, define, or limit the scope or intent of any provision.

 

30. ENTIRE AGREEMENT + ALL RIGHTS RESERVED

In concluding these Terms, you understand and acknowledge that these Terms constitute the final agreement and supersede all others regarding the Affiliate Program, and use of any Affiliate Tools and the use of tracking links. The Company reserves any and all rights not expressly granted in these Terms

 

By signing up for the WebByAnnie AB Affiliate Program, you indicate your acceptance of this Agreement and its terms and conditions.