These Terms govern
in a legally binding way. Capitalized words are defined in the relevant dedicated section of this document.
The User must read this document carefully.
CBD Partners Affiliate Network is provided by:
Finsрire AG, Hauрtstrasse 2, 4528 Zuchwil, Switzerland
Owner contact email: email@example.com
The Service is the collection of technical and communications services provided by CBD Partners Affiliate Network to provide Publisher with tools, knowledge and reporting to promote Offers. Publisher will use the Offer to generate commissionable actions, as described in the affiliate portal or as provided directly by CBD Partners Affiliate Network. “Commissionable Actions” mean Conversions or other negotiated actions that User has delivered which attract a monetary commission. "Publisher" means registered and approved user who is allowed to send clicks client campaigns (hereinafter "Offers") in order to deliver Commissionable Actions.
User must complete sign up form from our website to apply to become a Publisher with CBD Partners Affiliate Network. Each Publisher application is subject to review and approval by CBD Partners Affiliate Network. All prospective Publishers need official approval from CBD Partners Affiliate Network before they can become Publishers. After we review your application, we will notify you of your acceptance or rejection to the Affiliate Program. We may accept or reject your application at our sole discretion for any reason.
CBD Partners Affiliate Network will verify each Commissionable Action delivered by the Publisher. Upon receipt, all commissionable actions will be checked for validity, meaning that an individual person who accesses the Client Site via the Link, where the Link is the last link to the Program WebSite, is not a computer generated user, such as a robot, spider, computer script or other automated, artificial or fraudulent method to appear like an individual, real live person, is not using pre-populated fields and is not later determined by CBD Partners Affiliate Network to be fraudulent, incomplete, unqualified or a duplicate.
CBD Partners Affiliate Network will actively monitor Publisher activity using a combination of its proprietary software and third-party monitoring services. It is the obligation of Publisher to prove to CBD Partners Affiliate Network that they are not committing fraud. In the case of a dispute, CBD Partners Affiliate Network will hold Publisher payment in ‘Pending Status’ until Publisher has satisfactorily provided evidence that Publisher is not defrauding the system. If Publisher is unable to prove to CBD Partners Affiliate Network that they are not committing fraud, Publisher will forfeit its entire commission and Publisher’s account will be terminated.
Publisher may, in its complete discretion, reject, cancel or remove at any time any Offer from the service for any reason without prior notice to CBD Partners Affiliate Network. User may not forego any obligations to CBD Partners Affiliate Network until resolution of any outstanding issues between both parties is completed.
CBD Partners Affiliate Network will pay to the Publisher any Commissions earned monthly, provided that Publisher account balance is currently greater than $100. Accounts with a balance of less than $100 will roll over to the next month, and will continue to roll over monthly until 100$ is reached. CBD Partners Affiliate Network reserves the right to charge back to User account any previously paid Commissionable Actions that are later determined to have not met the requirements to be a Commissionable Action. Payment for Commissions is dependent upon Clients providing such funds to CBD Partners Affiliate Network, and therefore, Publisher agrees that CBD Partners Affiliate Network shall only be liable to the Publisher for Commissions to the extent that CBD Partners Affiliate Network has received such funds from the Clients. Publisher hereby releases CBD Partners Affiliate Network from any claim for Commissions if CBD Partners Affiliate Network has not received such funds from the Clients.
CBD Partners Affiliate Network shall automatically remit the payment to the Publisher for all Commissions payable on Net15 payment terms. Exclusive payment terms are subject to negotiation. All payments made to Publisher do not include, and Publisher shall pay, any sales, use or similar tax associated with such payment. In the event that Publisher has their own reporting for Commissionable Actions and Publisher claims a discrepancy, Publisher must provide CBD Partners Affiliate Network with their reports within three (3) days after 30th day of the calendar month, and if CBD Partners Affiliate Network’ and Publisher's reported statistics vary by more than 10% and CBD Partners Affiliate Network determines that Publisher has used generally accepted industry methods to track Commissionable Actions, then CBD Partners Affiliate Network and Publisher agree to make a good faith effort to arrive at a reconciliation. If the parties are unable to arrive at a reconciliation, then CBD Partners Affiliate Network' numbers shall prevail.
Each party is an independent contractor. Except as set forth in this Agreement, neither party is authorized or empowered to obligate the other or incur any costs on behalf of the other without the party’s prior written consent.
Single or additional conditions of use or access may apply in specific scenarios and in such cases are additionally indicated within this document.
By using CBD Partners Affiliate Network, Users confirm to meet the following requirements:
To use the Service Users must register or create a User account, providing all required data or information in a complete and truthful manner.
Failure to do so will cause unavailability of the Service.
Users are responsible for keeping their login credentials confidential and safe. For this reason, Users are also required to choose passwords that meet the highest standards of strength permitted by CBD Partners Affiliate Network.
By registering, Users agree to be fully responsible for all activities that occur under their username and password.
Users are required to immediately and unambiguously inform the Owner via the contact details indicated in this document, if they think their personal information, including but not limited to User accounts, access credentials or personal data, have been violated, unduly disclosed or stolen.
Registration of User accounts on CBD Partners Affiliate Network is subject to the conditions outlined below. By registering, Users agree to meet such conditions.
Users can terminate their account and stop using the Service at any time by doing the following:
The Owner reserves the right to suspend or terminate the User's account at any time and without notice, at the Owner's sole discretion, in these cases:
User has violated these Terms; and/or
User's access or use of CBD Partners Affiliate Network may cause injury to the Owner, other Users or third parties; and/or
the use of CBD Partners Affiliate Network by the User may cause violation of law or regulations; and/or
in case of an investigation by legal action or governmental involvement; and/or
the account or its use is deemed to be, at the Owner’s sole discretion inappropriate or offensive or in violation of these Terms.
The suspension or deletion of User accounts shall not entitle Users to any claims for compensation, damages or reimbursement.
The suspension or deletion of accounts due to causes attributable to the User does not exempt the User from paying any applicable fees or prices.
Unless where otherwise specified or clearly recognizable, all content available on CBD Partners Affiliate Network is owned or provided by the Owner or its licensors.
The Owner undertakes its utmost effort to ensure that the content provided on CBD Partners Affiliate Network infringes no applicable legal provisions or third-party rights. However, it may not always be possible to achieve such a result.
In such cases, without prejudice to any legal prerogatives of Users to enforce their rights, Users are kindly asked to preferably report related complaints using the contact details provided in this document.
The Owner holds and reserves all intellectual property rights for any such content.
Users may not therefore use such content in any way that is not necessary or implicit in the proper use of the Service.
In particular, but without limitation, Users may not copy, download, share (beyond the limits set forth below), modify, translate, transform, publish, transmit, sell, sublicense, edit, transfer/assign to third parties or create derivative works from the content available on CBD Partners Affiliate Network, nor allow any third party to do so through the User or their device, even without the User's knowledge.
Where explicitly stated on CBD Partners Affiliate Network, the User may download, copy and/or share some content available through CBD Partners Affiliate Network for its sole personal and non-commercial use and provided that the copyright attributions and all the other attributions requested by the Owner are correctly implemented.
Any applicable statutory limitation or exception to copyright shall stay unaffected.
Through CBD Partners Affiliate Network Users may have access to external resources provided by third parties. Users acknowledge and accept that the Owner has no control over such resources and is therefore not responsible for their content and availability.
Conditions applicable to any resources provided by third parties, including those applicable to any possible grant of rights in content, result from each such third parties’ terms and conditions or, in the absence of those, applicable statutory law.
CBD Partners Affiliate Network and the Service may only be used within the scope of what they are provided for, under these Terms and applicable law.
Users are solely responsible for making sure that their use of CBD Partners Affiliate Network and/or the Service violates no applicable law, regulations or third-party rights.
Therefore, the Owner reserves the right to take any appropriate measure to protect its legitimate interests including by denying Users access to CBD Partners Affiliate Network or the Service, terminating contracts, reporting any misconduct performed through CBD Partners Affiliate Network or the Service to the competent authorities – such as judicial or administrative authorities - whenever Users engage or are suspected to engage in any of the following activities:
Any intellectual or industrial property rights, and any other exclusive rights on software or technical applications embedded in or related to CBD Partners Affiliate Network are held by the Owner and/or its licensors.
Subject to Users’ compliance with and notwithstanding any divergent provision of these Terms, the Owner merely grants Users a revocable, non-exclusive, non-sublicensable and non-transferable license to use the software and/or any other technical means embedded in the Service within the scope and for the purposes of CBD Partners Affiliate Network and the Service offered.
This license does not grant Users any rights to access, usage or disclosure of the original source code. All techniques, algorithms, and procedures contained in the software and any documentation thereto related is the Owner’s or its licensors’ sole property.
All rights and license grants to Users shall immediately terminate upon any termination or expiration of the Agreement.
Users may access their data relating to CBD Partners Affiliate Network via the Application Program Interface (API). Any use of the API, including use of the API through a third-party product/service that accesses CBD Partners Affiliate Network, is bound by these Terms and, in addition, by the following specific terms:
The User agrees to indemnify and hold the Owner and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners and employees harmless from and against any claim or demand — including but not limited to lawyer's fees and costs — made by any third party due to or in relation with any culpable use of or connection to the Service, violation of these Terms, infringement of any third-party rights or statutory provision by the User or its affiliates, officers, directors, agents, co-branders, partners and employees to the extent allowed by applicable law.
Unless otherwise explicitly stated and without prejudice to applicable statutory product liability provisions, Users shall have no right to claim damages against the Owner (or any natural or legal person acting on its behalf).
This does not apply to damages to life, health or physical integrity, damages resulting from the breach of an essential contractual obligation such as any obligation strictly necessary to achieve the purpose of the contract, and/or damages resulting from intent or gross negligence, as long as CBD Partners Affiliate Network has been appropriately and correctly used by the User.
Unless damages have been caused by way of intent or gross negligence, or they affect life, health or physical integrity, the Owner shall only be liable to the extent of typical and foreseeable damages at the moment the contract was entered into.
CBD Partners Affiliate Network is provided strictly on an “as is” and “as available” basis. Use of the Service is at Users’ own risk. To the maximum extent permitted by applicable law, the Owner expressly disclaims all conditions, representations, and warranties — whether express, implied, statutory or otherwise, including, but not limited to, any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third-party rights. No advice or information, whether oral or written, obtained by user from owner or through the Service will create any warranty not expressly stated herein.
Without limiting the foregoing, the Owner, its subsidiaries, affiliates, licensors, officers, directors, agents, co-branders, partners, suppliers and employees do not warrant that the content is accurate, reliable or correct; that the Service will meet Users’ requirements; that the Service will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected; or that the Service is free of viruses or other harmful components. Any content downloaded or otherwise obtained through the use of the Service is downloaded at users own risk and users shall be solely responsible for any damage to Users’ computer system or mobile device or loss of data that results from such download or Users’ use of the Service.
The Owner does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Service or any hyperlinked website or service, and the Owner shall not be a party to or in any way monitor any transaction between Users and third-party providers of products or services.
The Service may become inaccessible or it may not function properly with Users’ web browser, mobile device, and/or operating system. The owner cannot be held liable for any perceived or actual damages arising from Service content, operation, or use of this Service.
Federal law, some states, and other jurisdictions, do not allow the exclusion and limitations of certain implied warranties. The above exclusions may not apply to Users. This Agreement gives Users specific legal rights, and Users may also have other rights which vary from state to state. The disclaimers and exclusions under this agreement shall not apply to the extent prohibited by applicable law.
To the maximum extent permitted by applicable law, in no event shall the Owner, and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees be liable for
This limitation of liability section shall apply to the fullest extent permitted by law in the applicable jurisdiction whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if company has been advised of the possibility of such damage.
Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, therefore the above limitations or exclusions may not apply to User. The terms give User specific legal rights, and User may also have other rights which vary from jurisdiction to jurisdiction. The disclaimers, exclusions, and limitations of liability under the terms shall not apply to the extent prohibited by applicable law.
The User agrees to defend, indemnify and hold the Owner and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees harmless from and against any and all claims or demands, damages, obligations, losses, liabilities, costs or debt, and expenses, including, but not limited to, legal fees and expenses, arising from
The Owner’s failure to assert any right or provision under these Terms shall not constitute a waiver of any such right or provision. No waiver shall be considered a further or continuing waiver of such term or any other term.
To ensure the best possible service level, the Owner reserves the right to interrupt the Service for maintenance, system updates or any other changes, informing the Users appropriately.
Within the limits of law, the Owner may also decide to suspend or terminate the Service altogether. If the Service is terminated, the Owner will cooperate with Users to enable them to withdraw Personal Data or information in accordance with applicable law.
Additionally, the Service might not be available due to reasons outside the Owner’s reasonable control, such as “force majeure” (eg. labor actions, infrastructural breakdowns or blackouts etc).
Users may not reproduce, duplicate, copy, sell, resell or exploit any portion of CBD Partners Affiliate Network and of its Service without the Owner’s express prior written permission, granted either directly or through a legitimate reselling program.
Without prejudice to any more specific provision of these Terms, any intellectual property rights, such as copyrights, trademark rights, patent rights and design rights related to CBD Partners Affiliate Network are the exclusive property of the Owner or its licensors and are subject to the protection granted by applicable laws or international treaties relating to intellectual property.
All trademarks — nominal or figurative — and all other marks, trade names, service marks, word marks, illustrations, images, or logos appearing in connection with CBD Partners Affiliate Network are, and remain, the exclusive property of the Owner or its licensors and are subject to the protection granted by applicable laws or international treaties related to intellectual property.
The Owner reserves the right to amend or otherwise modify these Terms at any time. In such cases, the Owner will appropriately inform the User of these changes.
Such changes will only affect the relationship with the User for the future.
The continued use of the Service will signify the User’s acceptance of the revised Terms. If Users do not wish to be bound by the changes, they must stop using the Service. Failure to accept the revised Terms, may entitle either party to terminate the Agreement.
The applicable previous version will govern the relationship prior to the User's acceptance. The User can obtain any previous version from the Owner.
If required by applicable law, the Owner will specify the date by which the modified Terms will enter into force.
The Owner reserves the right to transfer, assign, dispose of by novation, or subcontract any or all rights or obligations under these Terms, taking the User’s legitimate interests into account. Provisions regarding changes of these Terms will apply accordingly.
Users may not assign or transfer their rights or obligations under these Terms in any way, without the written permission of the Owner.
All communications relating to the use of CBD Partners Affiliate Network must be sent using the contact information stated in this document.
Should any provision of these Terms be deemed or become invalid or unenforceable under applicable law, the invalidity or unenforceability of such provision shall not affect the validity of the remaining provisions, which shall remain in full force and effect.
These Terms are governed by the law of the place where the Owner is based, as disclosed in the relevant section of this document, without regard to conflict of laws principles.
The exclusive competence to decide on any controversy resulting from or connected to these Terms lies with the courts of the place where the Owner is based, as displayed in the relevant section of this document.
The above does not apply to any Users that qualify as European Consumers, nor to Consumers based in Switzerland, Norway or Iceland.
The property that enables the provision of the Service.
Any legally binding or contractual relationship between the Owner and the User, governed by these Terms.
Any User that does not qualify as a Consumer.
Applies where a User is physically present or has their registered offices within the EU, regardless of nationality.
Indicates the natural person(s) or legal entity that provides CBD Partners Affiliate Network and/or the Service to Users.
The service provided by CBD Partners Affiliate Network as described in these Terms and on CBD Partners Affiliate Network.
All provisions applicable to the use of CBD Partners Affiliate Network and/or the Service as described in this document, including any other related documents or agreements, and as updated from time to time.
Indicates any natural person or legal entity using CBD Partners Affiliate Network.
Any User qualifying as a natural person who accesses goods or services for personal use, or more generally, acts for purposes outside their trade, business, craft or profession.