THIS IS A LEGAL AGREEMENT BETWEEN YOU AND Monacofit Affiliate Program (“The Company”).
BY SUBMITTING THE ONLINE APPLICATION, AND BY REFERRING USERS, YOU ARE AGREEING THAT YOU HAVE READ AND UNDERSTAND
THE TERMS AND CONDITIONS OF THIS AGREEMENT AND THAT YOU AGREE TO BE LEGALLY RESPONSIBLE FOR EACH AND EVERY TERM
This Agreement contains the complete terms and conditions governing your relationship with the Company and,
if applicable, your participation in the The Company's Affiliate Program (the “Program”). The purpose of
this Agreement is to allow by hypertext linking from Affiliate Site(s), or other online marketing channels,
to the Website in accordance with the terms of this Agreement, whereby the Affiliate will be paid a
commission as specified below, subject to the terms and conditions of this Agreement. Please note that
throughout this Agreement, “we,” “us,” and “our” refer to The Company's Affiliate Program,and “you,” “your,”
and “yours” refer to the Affiliate.
You must be approved by the Company before your participation in the Program. Company reserves the right to
withhold or refuse approval for any reason and without providing any further detail as to the reason(s) of
the application rejection. Once you have been approved, your continued right to participate is conditioned
upon the ongoing compliance with the terms and conditions of this Agreement. Failure of the Affiliate to
disqualify Affiliate from participating in the Program. Affiliate shall promptly notify Company in the event
of a material change in its business practices or strategy. Approval may be withdrawn by Company, at any
time and for any reason.
To begin the enrollment process, you will complete and submit the online application at The Company's
Affiliate Program. We will evaluate your application within a reasonable timeframe. We may reject your
application at our sole discretion.
We will reject your application or cancel an existing Affiliate account if we determine that your site is
unsuitable for our Program, including if it:
Promotes sexually explicit materials.
Promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation, or
Promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation, or
Promotes illegal activities.
Incorporates any materials which infringe or assist others to infringe on any copyright, trademark or
other intellectual property rights or to violate the law.
Is otherwise in any way unlawful, harmful, threatening, defamatory, obscene, harassing, or racially,
ethnically or otherwise objectionable to us in our sole discretion.
Popups, popunders and cookie dropping. This includes but is not limited to popups, popunders and
dropping customer cookies. If you have media sources/websites that do not contain libelous,
discriminatory, obscene, unlawful or otherwise unsuitable material and you are planning pop ads
campaigns, pre-approval from the affiliate team is required in all cases.
All Affiliates shall maintain and post in a conspicuous manner on any website involved in the Program
mechanisms used must comply with all data privacy and protection regulations which apply within the
countries the Affiliate conducts business (examples include but are not limited to EU Privacy Shield, GDPR,
policy may result in termination from the Program.
The Company is not responsible for any missed conversions if any supplied link is modified in any way by you
without prior approval in writing.
You will have access to our banners, text and/or other online and offline promotional materials. You may
place said materials on your site, and/or utilize them via e-mail and/or direct marketing and/or social
media and/or print media. These are the designated methods by which You may advertise the Company.
It will be Your responsibility to ensure that the use of provided and approved marketing material is
strictly in accordance with any specifications, obligations and/or limitations in these Terms and Conditions
and any Applicable Law. The Company reserves the right to request You to take down any form of use of the
marketing material which it deems to be non-compliant with this Agreement or Applicable Law.
Should you be in any doubt, please contact email@example.com before publication. All approved marketing
material must be kept current.
Company reserves the right, at any time, to review your placement and reject the use of links and require
that you change the placement or use to comply with the guidelines provided to you.
The maintenance and the updating of your site will be your responsibility. We may monitor your site as we
with applicable law, and/or to notify you of any changes that we feel should enhance your performance.
It is entirely your responsibility to comply with all applicable intellectual property and other laws that
pertain to your site. You must have express permission to use any person’s copyrighted material, whether it
be a writing, an image, or any other copyrightable work. We will not be responsible (and you will be solely
responsible) if you use another person’s copyrighted material or other intellectual property in violation of
the law or any third-party rights.
Affiliates have the ability to create custom subdomains to assist with their promotions. The Company
reserves the right to reject or modify these domains for any reason.
SPAM Prohibited. Company has zero tolerance to Affiliates associated to SPAM. The accounts of Affiliates
associated with spam are immediately terminated as soon as the violation is verified, with a cancellation of
any pending money or commission owed.
Company Rights and Obligation
We have the right to monitor your site at any time to determine if you are following the terms and
conditions of this Agreement.
The company actively monitors traffic for fraud. If fraud is detected, your account will be made inactive
pending further investigation. Fraudulent traffic includes but is not limited to: click-through or
conversion rates that are much higher than industry averages and where solid justification for such higher
click-through or conversion rates is not evident to the reasonable satisfaction of Company; fraudulent leads
as determined and reported by Company’s clients; use of fake redirects, automated software, and/or other
fraudulent mechanisms to generate payable actions from the Program, and no activity or illicit activity seen
in referred accounts.
The Company reserves the right to terminate this Agreement and your participation in the Affiliate Program
immediately and without notice to you should you commit fraud in your use of the Affiliate Program or should
you abuse this program in any way. If such fraud or abuse is detected, The Company shall not be liable to
you for any commissions for such fraudulent activity.
Company will immediately terminate any affiliate account, which it believes in its sole discretion is
transmitting or otherwise connected with any spam or other unsolicited bulk e-mail.
Term and Termination
This Agreement will begin immediately upon your submission of the application and will continue unless
terminated hereunder. Either you or we may end this Agreement with or without cause, immediately.
Termination notice may be provided via email and if so you must immediately cease all advertising
activities. All commissions then due will be paid during the next billing cycle, subject to any final
accounting and quality assurance verification. Should any violations of Program terms be discovered, any
pending payments may be forfeited.
Upon any termination of this Agreement, all rights and licenses granted to the Affiliate under this
Agreement shall immediately terminate, and the Affiliate will cease the use of any trademarks, service
marks, logos and other designations of the Company. In particular, the Affiliate hereby agrees that on any
termination of this Agreement, the Affiliate must immediately remove all references to the Company from the
Affiliate Sites and shall cease any further activity promoting or marketing the brands or the Company,
irrespective of whether the communications are commercial or otherwise.
The Affiliate must return to Company any and all Confidential Information (and all copies and derivations
thereof) in the Affiliate’s possession and control.
The Affiliate will release the Company from all obligations and liabilities occurring or arising after the
date of termination. Termination will not relieve the Affiliate from any liability arising from any breach
of this Agreement, which occurred prior to termination and/or to any liability arising from any breach of
confidential information even if the breach arises at any time following the termination of this Agreement.
For the avoidance of doubt, the Affiliate’s obligations of confidentiality towards the Company under this
Agreement shall survive any termination of this Agreement.
Commissions and Payment
The commission is based on the Revenue generated by New Customers, as defined below in this Clause, who
access the Website via clicking the tracking links on the Affiliate Sites. “New Customers” shall mean
customers of the Operator who do not yet have, and have not had an account with the Company and who access
the website via clicking the tracking links on the Affiliate Sites, properly register and then make real
money transfers at least equivalent to the minimum deposit into their website account.
The commission granted by the Company to the Affiliate will be calculated as a flat rate for every new
purchase generated from the New Customers referred by the Affiliate Sites.
Please contact firstname.lastname@example.org for specific information regarding your payment model.
The minimum payout level is 100 EUR. If the commission is lower than the minimum payout level, the
commission will be transferred to the following month.
If the Affiliate disagrees with the balance due as reported, it shall within a period of fourteen (14) days
send an email to the Company at email@example.com address as notified in writing by the Company to the
Affiliate and indicate the reasons of such dispute. Failure to report within the prescribed time limit shall
be deemed an acknowledgment of the balance due for the period indicated.
The commission is inclusive of any and all taxes, including but not limited to value added tax. The
Affiliate is solely responsible for the payment of any and all taxes, fees, charges and any other money
payable or due both locally and abroad to any tax authority and/ or any other authority as a result of the
revenue generated under this Agreement.
The Affiliate, acting in a private capacity, further undertakes to self-pay any applicable social security
contributions on the remuneration received under this Agreement.
The Affiliate, acting within a business activity, is required to provide proof of company registration such
as a VAT-number to Company as further specified from time to time by the Company at its sole discretion.
Otherwise, the Affiliate is considered acting in a private capacity.
All payments shall be made in Euro or in such other currency that may be determined by the Company and
regardless of the currency of the Affiliate’s home country.
The Company has the right to withhold any and/or all payments to the Affiliate if the Affiliate is in breach
of any of the provisions of this Agreement.
Any commissions paid to the Affiliate by the Company hereunder shall represent the Affiliate’s sole
remuneration for its activities under the Agreement. Hence except as otherwise expressly agreed in writing,
all expenses incurred by the Affiliate when carrying out the rights and obligations under this Agreement
shall be deemed to be covered by the commission provided for in this Agreement. The Affiliate is responsible
for all obligations and costs in connection with the performance of this Agreement.
Neither party shall be liable to the other for any delay or failure to perform its obligations under this
Agreement if such delay or failure arises from a cause beyond the reasonable control of and is not the fault
of such party, including but not limited to labor disputes, strikes, industrial disturbances, acts of God,
acts of terrorism, floods, lightning, utility or communications failures, earthquakes or other casualties.
If a force majeure event occurs, the non-performing party is excused from whatever performance is prevented
by the force majeure event to the extent prevented. If the force majeure event subsists for a period
exceeding thirty (30) days, then either party may terminate the Agreement without notice.
Notices and the Relationship of the Parties
Notices to the Company given or made under this Agreement shall be in the English language made by email and
sent to firstname.lastname@example.org or such other email address as notified in writing by the Company to the
Affiliate, and, to the Affiliate, the Affiliate’s email address as supplied in the Affiliate
Severability and Waiver
If any provision of this Agreement is held to be unenforceable in any respect, such provision will be
ineffective only to the extent of such unenforceability, without invalidating the remainder of this
A failure of either party to exercise any right provided for herein, shall not be deemed to be a waiver of
any right hereunder.
All information, including but not limited to business and financial, lists of customers and buyers, as well
as price and sales information and any information relating to products, records, operations, business
plans, processes, product information, business know-how or logic, trade secrets, market opportunities and
personal data of the Company and/or the Operator shall be treated confidentially (“Confidential
Information”). Such information must not be used for the Affiliate’s own commercial or other purposes or
divulged to any person or third party. The Affiliate obliges himself not to use the Confidential Information
for any purpose other than the performance of its obligations under this Agreement.
All Confidential Information provided or made available by the Company and/or the Operator under this
Agreement shall remain the sole and exclusive property of the Company and/or the Operator and nothing in
this Agreement shall be construed to grant the Affiliate any ownership rights in, or license to, any such
Confidential Information. This provision shall survive the termination of this Agreement.
By completing and submitting the application form the Affiliate gives a free, unmistakably expressed
affirmation of the wishes, by which the Affiliate allows his or her personal data to be processed in
conformity with information provided by the Company and/or Operator in accordance with applicable Law.
This Agreement constitutes the entire Agreement and understanding of the parties and supersedes any previous
agreement or understandings between the parties relating to the subject matter of this Agreement.
No Business Restriction
Nothing in this Agreement shall limit or restrict the Company’s and/or the Operator’s right to do business
with, grant rights to or receive grants of rights from, provide services to or receive services from, or
enter into any agreements with any other entity, in any scope and manner that the Company and/or the
The Affiliate shall not be entitled to assign or transfer its rights or obligations under this Agreement
without the express written consent of the Company.
Notwithstanding the above, the Company may freely assign this Agreement and all of its rights and
obligations hereunder to any of its subsidiaries or affiliated companies.