Terms of Service

BY SIGNING UP TO THIS REWARDFUL (“www.rewardful.com”, “rewardful”, "Platform") AFFILIATE PROGRAM (“Program”), YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS (“Agreement”). YOU HEREBY AGREE THAT YOU HAVE READ AND UNDERSTOOD ALL THE CLAUSES OF THIS AGREEMENT AND AGREE TO BE BOUND BY ALL TERMS AND CONDITIONS HEREIN. The terms of the Agreement form the entire contract between the parties in relation to its subject matter.

YOU (“You”, “Affiliate”, or “Affiliates”) AGREE THAT THIS AGREEMENT IS ENFORCEABLE LIKE ANY WRITTEN NEGOTIATED AGREEMENT SIGNED BY YOU, AND THIS AGREEMENT IS ENFORCEABLE AGAINST YOU.

This is a legal agreement between you (either an individual or a legal entity) and Profaile GmbH (a Swiss limited liability company; "us", "we", "our"), owner of the brand Real Fake Photos ("Brand"). This Agreement outlines the rules and regulations of the Program.

By clicking the button “Sign up” during registration on the Platform, you certify that you are over 18 years old and agree to the terms of this Agreement. If you are acting on behalf of a company when accepting this Agreement, you also hereby declare to be authorized to perform such legal actions on behalf of that company (herein the term “you” shall mean the relevant company).

We reserve the right to approve or reject any Program application at its sole and absolute discretion. Acceptance of your application to the Program is at our sole discretion and neither we nor our authorized representatives shall hold any liability to you in the event that your application is rejected.

TERMS AND CONDITIONS OF THE ACCOUNT

1. You must provide your legal full name, a valid email address, and any additional information requested in order to complete the signup process.

2. You are responsible for maintaining the security of your account and password. We cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.

3. You are responsible for all content posted and activity that occurs under your account.

4. Each legal entity may control no more than one Program account unless expressly authorized.

5. You may not use the Program for any illegal or unauthorized purpose. You must not, in the use of the Affiliate account or Program, violate any laws in your jurisdiction (including but not limited to copyright laws).

6. Paid Ads Policy:

You may not:

• use your affiliate link in any paid media. This includes advertisements such as search engine ads, Facebook or Instagram ads, or anything similar that would compete or otherwise cannibalize our Brand's marketing and cause confusion for potential customers.
• bid in your pay-per-click campaigns on keywords such as realfakephotos.com, Real Fake Photos, Real Fake, Real Fake Photos coupons, Real Fake Photos discounts, www.realfakephotos, www.realfakephotos.com, and/or any misspellings or similar alterations of these, be it separately or in combination with any other keywords.
• use typosquatting and/or redirecting traffic from misspelled domains to obtain commission.
• use “doorway pages'' in such instances or overall as part of promotional activities of the Brand is also strictly prohibited.
• transmit any so-called “interstitials,” “Parasiteware,” “Parasitic Marketing,” “Shopping Assistance Application,” “Toolbar Installations and/or Add-ons,” “Shopping Wallets'' or “deceptive pop-ups and/or pop-unders'' to consumers from the time the consumer clicks on a qualifying link until such time as the consumer has fully exited our website (i.e., no page from our site or any related Branded content or branding is visible on the end-user’s screen). As used herein a. “Parasiteware'' and “Parasitic Marketing” shall mean an application that:
  
  (a) through accidental or direct intent causes the overwriting of Affiliate and non-Affiliate Commission tracking cookies through any other means than a customer initiated click on a qualifying link on a web page or email;
  (b) intercepts searches to redirect traffic through an installed software, thereby causing, pop ups, Commission tracking cookies to be put in place or other Commission tracking cookies to be overwritten where a user would under normal circumstances have arrived at the same destination through the results given Internet search and directory engines (services referred here as examples include, but are not limited to, Google, MSN, Yahoo, Hotbot);
  (c) set Commission tracking cookies through loading of the Real Fake Photos site in IFrames, hidden links and automatic pop ups that open the Real Fake Photos website;
  (d) targets text on websites, other than those sites 100% owned by the application owner, for the purpose of contextual marketing; or
  (e) removes, replaces or blocks the visibility of affiliate banners with any other banners, other than those that are on websites 100% owned by the owner of the application; or
  (f) any other use that may be regarded as fraudulent according to common online marketing practice according to generally accepted industry specific code of conducts and guidelines (such as of IAB Europe).

• Add banners and share your link with your clients and/or social media followers provided that you produce UGC or otherwise promotional content targeting a wide array of consumers.

7. Abuse, gaming, and policy violations will result in having your account banned and/or any existing and future Commissions forfeited without prior notice.

If you contravene any part of this section, you will be considered to be in material breach of the Agreement resilting in automatic forfeiture of all existing and future Commissions and the termination of your account with us.

8. Compliance with Laws & Industry-specific guidelines

As a condition to your participation in the Program, you agree that while you are an Affiliate, you will comply with all laws, ordinances, rules, regulations, orders, licenses, permits, judgments, decisions, or other requirements as well as industry specific code of conducts and guidelines (such as of IAB Europe). (collectively, “Laws”) of any governmental authority that has jurisdiction over you, whether those Laws are now in effect or later come into effect during the time you are an Affiliate or participating in the Program, including, without limitation, during the application process. Without limiting the foregoing obligation, you agree that as a condition of your participation in the Program, you will comply with all applicable federal, state or other Laws that govern marketing email, including without limitation, the e-Privacy Directive, the CAN-SPAM Act of 2003 and all other anti-spam laws.

9. COMMISSIONS AND PAYMENT

Commission for Affiliates becomes due where a customer signs up with your unique Affiliate link on a bona fide, arm’s length basis. The percentage of the Commission and other rewards is as notified to you by us from time to time via the Platform's channels.

Affiliate commissions are approved if they are considered valid. Commissions are paid out as long as there are no issues with any of the customers that the Affiliate has referred. If there is any issue, we have the right to withhold the payment, run an investigation, and release the payment once we are satisfied with the investigation.

We reserve the right to remove abandoned Affiliate accounts from the Program and terminate this Agreement with immediate effect if your balance is equal to or less than the minimum payout threshold, after a 6 month period of inactivity. In this case any accumulated Commissions below the minimum payout threshold will be forfeited. Abandoned Affiliate accounts are defined as any Affiliate account whose Affiliate dashboard has not been logged into for a period of 6 months and/or has no transactions posted during a period of six months.

We do not work with Coupon / Rebate site(s) as our affiliates.

For the avoidance of doubt, Self-referrals will not count as a qualified “referral” and therefore will not be eligible for Commission.

Any kind of tax payable by the Affiliate on Commission is the responsibility of the Affiliate and we will not gross up any Commission in any circumstances.

We reserve the right to set off any amounts owing to us against Commission payments in cases where Commission payments have either been made erroneously or due to a misrepresentation by you. We reserve the right to counterclaim in all such circumstances.

10. Affiliate Responsibilities

Affiliates will be solely responsible for the development, operation, and maintenance of their site in connection with the Program and for all materials that appear on such site. By way of example, but not limited to, you will be solely responsible for:

• The technical operation of your site and all related equipment;
• Ensuring the display of links to our products and services on your site do not violate any agreement between you and any third party (including, without limitation, any restrictions or requirements placed on you by a third party that hosts your site);
• The accuracy, truth, and appropriateness of materials posted on your site (including, among other things, all service-related materials and any information you include within or associate with Affiliate links);
• Ensuring that materials posted on your site do not violate or infringe upon the rights of any third party (including, for example, copyrights, trademarks, privacy, or other personal or proprietary rights);
• Ensuring that materials posted on your site are not libelous or otherwise illegal; and
• Ensuring that your site accurately and adequately discloses, either through a privacy policy or otherwise, how you collect, use, store, and disclose data collected from visitors, including, where applicable, that third parties (including advertisers) may serve content and/or advertisements and collect information directly from visitors and may place or recognize cookies on visitors’ browsers.

11. Termination

Your Affiliate status in the Program may be suspended or terminated for any of the following reasons:

• Running any advertisements, including, without limitation, false claim(s), misleading hyperlinks, brand bidding (PPC), and the like; Spamming (mass email, mass newsgroup posting, etc.);
• Failure to abide by any applicable Laws;
• Violation of the Brand, or any of our intellectual property rights, including, without limitation, copyright or trademark, or any abuse or misuse of our intellectual property rights;
• Manipulating or influencing any customer with wrong ideas to earn the Affiliate Commission;
• Repetitive self-referrals, fraudulent transactions, or suspected Affiliate fraud; or
• If our team does not feel comfortable in their sole and absolute discretion about its brand value with the Affiliate’s promotional method(s).

We, in our sole and absolute discretion, have the right to terminate your account in our Program and refuse any and all current or future use of the Program. Such termination will result in the deactivation your Affiliate account registered with our Program  and the forfeiture and relinquishment of all potential or to-be-paid Commissions in your account earned or suspected to be earned through the contravention of this Agreement. We reserve the right to refuse service to anyone for any reason at any time.

In addition to the foregoing, we reserves the right to terminate any Affiliate account registered with our Program at any time without disclosing the reason.

12. Non-Disparagement

You agree that you will not make any false, misleading, or disparaging statements, whether written or oral, about us, our products, services, officers, directors, employees, or agents. We reserve the right to terminate this Agreement and withhold any unpaid Commissions in the event of a breach of this clause.

13. Relationship Of Parties

You are an independent contractor, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between you and us. You will have no authority to make or accept any offers or representations on our behalf. You will not make any statement, whether on your site or otherwise, that reasonably would contradict anything in this Agreement, including, without limitation, the relationship between you and us.

14. Liability

We use affiliate tracking software and 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) and/or to the affiliate tracking software/marketplace’s website(s).

In addition, we will not be liable for indirect, special, or consequential damages, or any loss of revenue, profits, or data, arising in connection with this Agreement or the Program, even if we have been advised of the possibility of such damages. Further, our aggregate liability arising with respect to this Agreement and the Program will not exceed the total Commissions paid or payable to you under the terms of this Agreement in the 6-month period prior to the event giving rise to such claim.

15. Term of The Agreement

The term of this Agreement will be effective immediately upon your acceptance in the Program and will end when your Affiliate account is terminated.

The Agreement may be modified by us at any time. Your continuing participation in the Program will constitute your acceptance of any change.

16. Electronic Execution Effective

The Agreement is an electronic contract that sets out the legally binding terms of your participation in the Program. You indicate your acceptance of this Agreement and all of the terms and conditions contained or referenced in this Agreement by completing the Program application process. This action creates an electronic signature and binds you under a legal agreement.

17. Independent Investigation

YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS. YOU UNDERSTAND THAT WE MAY AT ANY TIME (DIRECTLY OR INDIRECTLY) SOLICIT CUSTOMER REFERRALS ON TERMS THAT MAY DIFFER FROM THOSE CONTAINED IN THIS AGREEMENT OR OPERATE WEBSITES THAT ARE SIMILAR TO OR COMPETE WITH YOUR WEBSITE. YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF PARTICIPATING IN THE AFFILIATE PROGRAM AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE, OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT.

18. Dispute Resolution

Any dispute relating in any way to this Agreement (including any actual or alleged breach thereof), any transactions or activities under this Agreement or your relationship with us or any of our affiliates shall first be referred to our senior management and senior Affiliate representative for discussion and resolution. If a resolution has not been reached in 10 business days, either party shall have the right to submit the dispute to confidential arbitration, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court (and you consent to non-exclusive jurisdiction and venue in such courts) or any other court of competent jurisdiction.

Arbitration under this agreement shall be conducted under the laws and rules of Switzerland. 

19. Miscellaneous

The failure of Profaile GmbH to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.

This Agreement constitutes the entire agreement between you and Profaile GmbH, superseding any prior agreements between you and Profaile gmbH (including, but not limited to, any prior versions of this Agreement or any other Terms and Conditions).

We reserve the legal right to update and change the terms and conditions of this Agreement from time to time without any prior notice provided that such change does not materially affect your benefits under the Agreement.