Affiliate Programme Terms

These terms govern participation in the Fluvio affiliate programme (the “Programme”). They are in addition to our Terms of Service and Privacy Policy. By applying to the Programme you agree to them. If you do not agree, do not apply.

1. Applying and being accepted

Applying does not make you an affiliate. We accept or decline applications at our sole discretion, we are not required to give a reason, and we may decline or remove anyone at any time. You become an affiliate only when we issue you an affiliate code, and participation is personal to you and may not be transferred or assigned.

You must be at least 18 years old and legally able to enter into this agreement. The information in your application must be accurate, and you must tell us if it stops being accurate.

2. What you earn

You earn a percentage of the subscription fee actually paid by a customer you referred, for as long as that customer keeps paying, subject to these terms. Commission is calculated on the subscription price we charge, excluding taxes, refunds, chargebacks, discounts and any amounts we do not actually receive.

The rate that applies to you is the one we give you in writing when we accept your application. Your dashboard shows what each commission was calculated at. Every commission records the rate in force when it was earned, so if we change the going rate it applies only to commissions earned afterwards and never restates what you were already owed.

A referral is attributed by the tracking cookie set when someone follows your link, which lasts 90 days. Attribution is stamped once, at signup, and is not rewritten afterwards. Our records are the sole basis for determining attribution and amounts owed.

Nothing in the Programme is a guarantee of earnings. We make no representation about how much you will earn, or that you will earn anything at all.

3. When and how you are paid

Commissions are held for 30 days before becoming payable. The hold exists so that a payment which is later refunded or reversed does not become a payout we cannot recover.

Payouts are made manually, on request or periodically, once your payable balance exceeds $50. You are responsible for giving us correct payment details; we are not liable for money sent to details you supplied incorrectly. We may require a valid invoice or tax documentation before sending payment, and we may withhold payment where the law requires us to.

If a balance stays below the minimum, or you stop responding, or we cannot lawfully pay you, we may hold the balance until we can.

4. Reversal, offset and withholding

We may reverse any commission that arose from a payment which is refunded, charged back, disputed, reversed, or never received, or which we reasonably believe arose from a breach of these terms or from fraudulent, artificial or self-dealing activity.

We may offset reversed commissions against your future payouts, and where a payout has already been made in respect of a reversed commission we may require repayment of that amount.

We may withhold payment while we investigate suspected fraud or a suspected breach. Where we conclude that fraud or a material breach occurred, unpaid commissions associated with it are forfeited.

5. How you may and may not promote Fluvio

You may promote Fluvio honestly, in your own voice, to your own audience. You may not:

• bid on, or buy advertising against, the term “Fluvio”, our product names, our domain, or misspellings and variants of them, on any search or ad platform;
• register, use, or attempt to acquire domain names, social handles, app-store listings, or usernames containing “Fluvio” or confusingly similar terms;
• represent yourself as Fluvio, as an employee, agent, or official representative of Fluvio, or send communications that appear to come from us;
• make any representation, warranty, guarantee, earnings claim, performance claim, or statement about Fluvio, its features, its results, or its pricing that we have not published ourselves;
• send unsolicited bulk email or messages, post spam, or promote Fluvio anywhere that violates the rules of the platform you are posting on;
• use coupon, deal, cashback, loyalty or discount-listing sites, browser extensions, toolbars, pop-unders, forced clicks, cookie stuffing, iframes, or any technique that sets tracking without a genuine, deliberate click;
• refer yourself, your own accounts, members of your household, or accounts you control, or arrange for others to do so on your behalf;
• promote Fluvio alongside or within content that is illegal, adult, hateful, harassing, defamatory, deceptive, or that infringes anyone’s rights;
• misrepresent your relationship with us, or fail to disclose it as required below.

6. Disclosure

You must clearly and conspicuously disclose that you earn a commission, everywhere you promote Fluvio, in a way a reasonable person would notice and understand before acting. You are responsible for complying with all advertising, consumer-protection, endorsement and disclosure laws that apply to you and your audience, including the rules of any jurisdiction you promote into. Failure to disclose is a material breach of these terms.

7. Our brand

While you are an affiliate in good standing, we grant you a limited, non-exclusive, non-transferable, revocable licence to use our name and logo solely to promote Fluvio and solely in the form we supply. You may not alter them, use them in a way that suggests endorsement of anything other than Fluvio, or use them after your participation ends. All rights not expressly granted are reserved, and all goodwill in our marks belongs to us.

8. You are an independent contractor

You are an independent contractor. Nothing in these terms creates an employment relationship, agency, partnership, joint venture, or franchise between you and Fluvio. You have no authority to bind us, to enter into any agreement on our behalf, to accept any obligation for us, or to make any representation for us. You control how and when you promote, and you bear your own costs of doing so.

You are solely responsible for your own taxes, filings, social contributions, licences and registrations arising from what you earn. We do not withhold on your behalf unless the law requires it, and amounts stated are gross.

9. Changes to the Programme

We may change these terms, the commission rate, the hold period, the attribution window, the payout minimum, or any other aspect of the Programme, and we may suspend or end the Programme entirely, at any time.

Changes apply going forward, not backwards. A commission that has already been earned keeps the rate it was earned at, each one records its own rate when it is created, so changing the going rate never restates what you were already owed. Continuing to promote Fluvio after a change means you accept it.

10. Ending your participation

Either of us may end your participation at any time, for any reason, with or without notice. On termination your licence to use our brand ends immediately and you must stop presenting yourself as an affiliate.

If we end your participation other than for breach or suspected fraud, commissions already earned and past their hold period remain payable. If your participation ends because of a breach of these terms or suspected fraud, unpaid commissions are forfeited.

11. Indemnity

You will indemnify, defend and hold harmless Fluvio, its owner, and anyone acting on its behalf against any claim, demand, proceeding, loss, liability, damages, fine, cost or expense (including reasonable legal fees) arising out of or related to: your promotion of Fluvio; anything you publish, say, or imply about us; your breach of these terms; your violation of any law or of any third party’s rights; or any tax liability arising from amounts we pay you.

12. No warranty, and limits on what we owe you

The Programme, the tracking, the dashboard and the reporting are provided “as is”. We do not warrant that tracking will be uninterrupted or error-free, that every referral will be recorded, or that the Programme will continue to exist.

To the fullest extent permitted by law, we are not liable to you for any indirect, incidental, special, consequential, exemplary or punitive damages, or for lost profits, lost revenue, lost opportunity or lost goodwill, even if we were told such damages were possible.

To the fullest extent permitted by law, our total liability to you for all claims arising out of or relating to the Programme is limited to the total commissions we actually paid you in the six months immediately before the event giving rise to the claim. Nothing in these terms limits liability that cannot be limited under applicable law.

13. Your data

We process your application and participation data as described in our Privacy Policy. Statistics we show you about your referrals are aggregate; you are not entitled to the personal data of people you refer, and you must not attempt to identify them. You are responsible for your own compliance with privacy and marketing law in how you collect and use your audience’s data.

14. Governing law

These terms are governed by the laws of the State of Israel, without regard to conflict-of-laws rules. The competent courts of Tel Aviv-Jaffa have exclusive jurisdiction over any dispute arising out of or relating to the Programme, and you consent to that jurisdiction. Nothing here removes any right you have under mandatory consumer-protection law that applies to you and cannot be contracted out of.

15. General

These terms, together with our Terms of Service and Privacy Policy, are the entire agreement between us about the Programme and replace anything said before. If any provision is held unenforceable, the rest stays in force and that provision is applied as closely as possible to its original intent. Our not enforcing a provision on one occasion is not a waiver of it. We may assign these terms; you may not. Clauses which by their nature should survive termination, including reversal and offset, indemnity, limitation of liability, and governing law, survive it.

Contact

Questions about the Programme: usefluvio@gmail.com.