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Terms and Conditions Affiliate
Mood EQ Affiliate Program Terms and Conditions
Welcome to the Mood EQ Affiliate Program. By registering and participating, you agree to the following terms and conditions, which outline the expectations, responsibilities, and operational framework for all affiliates.
01. Introduction
These Terms and Conditions regulate the Mood EQ Affiliate Program (“Program”) and serve as a binding agreement between **SC Contemporan Affairs SRL**, with headquarters at Strada Aviatiei nr 34 bl 15M scara 3 et 4 ap 57 Sector 1 Bucuresti, registered under Trade Register number J40/14892/2018, and affiliates participating in the Program. By registering for the Program, you accept these terms in their latest version, including any modifications.
02. Definitions
– Affiliate: A person or entity that meets the program conditions and uses the Program to promote Mood EQ and earn commissions for validated conversions.
– Conversion: A pre-defined action (e.g., a purchase) made by visitors directed through the Affiliate’s promotional efforts.
– Cookies: Small files stored in the visitor’s browser, valid for 30 days, used to track conversions.
– Commission: The monetary reward payable to the Affiliate for each validated conversion.
– Payout: The amount payable to the Affiliate after meeting the €100 threshold and the commission validation process.
03. Eligibility and Registration
Affiliates can be:
– Individuals aged 18 and above.
– Legal entities (companies or authorized individuals) with a focus on marketing or advertising.
Affiliates must create an account on the Mood EQ platform, ensuring the accuracy of the provided information. Affiliates are required to declare the online or offline media channels they will use for promotion and update this information as needed. Each affiliate may only have one account.
04. Commission Structure
– First Commission Policy: When multiple affiliates contribute to a conversion, the affiliate whose link was clicked first will receive the commission.
– Cookies Duration: Cookies last for 30 days. If a user completes a purchase within 30 days of clicking the affiliate link, the corresponding affiliate will earn the commission.
– Commission Rate: The commission is calculated as a percentage of the total value of the validated sale, eshipping, and other fees.
05. Payout Terms
– Minimum Threshold: The minimum payout amount is €100.
– Payment Method: Payments are made monthly via bank wire transfer, based on an invoice issued by the Affiliate. The Affiliate is responsible for ensuring that the correct bank details are provided.
– Payment Schedule: Payouts will be processed within 15 business days after receiving the invoice, subject to meeting the minimum threshold and any commission validations.
– Payment Currency: Payments will be made in LEI or Euro. In the case of currency conversion, the exchange rate of the National Bank of Romania (BNR) at the time of invoicing will be used.
– Invoice Requirements: Affiliates are responsible for issuing invoices for their commissions, inclusive of all applicable taxes. No payout will be processed without a valid invoice.
06. Commission Adjustments and Disputes
– If a purchase is refunded or charged back after a commission has been paid, Mood EQ reserves the right to deduct the corresponding amount from future commissions.
– Affiliates may dispute any discrepancies in commission calculations within 30 days of payout; otherwise, payouts will be considered final.
07. Affiliate Compliance Monitoring
Mood EQ reserves the right to monitor affiliate activities regularly to ensure compliance with the Program’s terms. Affiliates must cooperate fully with any compliance investigations. Any violations may lead to the withholding of commissions or termination from the Program.
08. Inactive Affiliates
Accounts that do not generate a sale or traffic for a period of 12 months will be deemed inactive and may be suspended or terminated at Mood EQ’s discretion. Any accrued commissions below the payment threshold at the time of deactivation will be forfeited.
09. Affiliate Code of Conduct
Affiliates must conduct their promotional activities in a professional and ethical manner. This includes refraining from making negative comments about competitors, engaging in harassment, or participating in any activities that might harm the Mood EQ brand. Affiliates are expected to represent the Mood EQ brand in a way that aligns with its values of fun, responsible, and health-conscious alcohol consumption.
10. Non-Exclusivity and Competitive Products
Affiliates are allowed to promote competing products unless these promotions create confusion about the relationship between the Affiliate and Mood EQ or damage the Mood EQ brand. Any activity deemed harmful to Mood EQ may result in immediate termination of the affiliate agreement.
11. Traffic Quality
Mood EQ reserves the right to terminate affiliate accounts that generate low-quality traffic, including automated traffic, bots, or irrelevant audiences. Affiliates are responsible for ensuring that the traffic they generate is legitimate and relevant to Mood EQ’s target market.
12. Confidentiality and Non-Disclosure
Affiliates agree to keep all information regarding the Program, including commission rates, internal procedures, and proprietary information about Mood EQ products and services, confidential. Disclosure of this information to third parties without prior consent will result in immediate termination of the affiliate agreement and possible legal action.
13. Audit Rights
Mood EQ reserves the right to audit affiliate accounts and promotional activities at any time. Affiliates must provide access to their promotional channels and necessary documentation for compliance verification.
14. Use of Paid Advertising
– Affiliates may use paid ads (including Google Ads, Facebook Ads, etc.) to promote Mood EQ **with prior written approval**. Unauthorized use will result in immediate termination.
– Restrictions may apply to the use of certain keywords or advertising platforms, which will be communicated in advance.
15. Termination
Mood EQ reserves the right to terminate any affiliate account for violating these terms. Either party can terminate the affiliate relationship at any time by providing written notice. In cases of termination due to breach, Mood EQ may withhold any unpaid commissions.
16. Liability
Mood EQ is not liable for any indirect, incidental, or consequential damages arising from your participation in the Program. Participation is at your own risk.
17. Data Protection and Privacy
By participating in the Program, Affiliates agree to the processing of their personal data by Mood EQ for the purpose of operating the affiliate system. Affiliates have the right to access, modify, or request the deletion of their data in accordance with GDPR requirements.
18. Tax Obligations
Affiliates are responsible for reporting and paying any applicable taxes on their earnings, in accordance with the laws of their country of residence. Mood EQ will not withhold taxes unless legally required to do so.
19. Force Majeure
Mood EQ will not be held liable for any delay or failure to perform under these Terms due to circumstances beyond its control, including but not limited to natural disasters, pandemics, internet failures, governmental actions, or acts of war. In the event of a Force Majeure, Mood EQ will notify Affiliates of the situation and take reasonable steps to mitigate its effects.
20. Changes to Terms
Mood EQ reserves the right to modify these Terms and Conditions at any time. Affiliates will be notified of significant changes via email or through the platform. Continued participation in the Program after any modifications will constitute acceptance of the new terms.
21. Governing Law and Dispute Resolution
These terms are governed by Romanian law. Any disputes arising under these terms will be resolved by the competent courts of Romania.