Terms & conditions affiliates

A. Definitions

B. Engagement

1. 1.To enroll into the Program the Affiliate must register an Affiliate account for a CLK.CARDS Wallet on the CLK.CARDS Website.
   CLK.CARDS shall have the sole and absolute discretion in connection with the rejection or refusal of any New Customer to register to and/or use the Services. Any New Customer who we reject or refuse shall not be classified as a Qualified Customer.
   
2. 2.The Affiliate shall not have any power to accept Qualified Customers or make contracts on behalf of CLK.CARDS and shall not make or give any promises, representations, warranties or guarantees, whether expressed or implied to New Customers on behalf of CLK.CARDS.
3. 3.The rights granted to the Affiliate hereunder by CLK.CARDS are not exclusive in any manner, and nothing herein shall limit, prevent or preclude CLK.CARDS from entering into other affiliate agreements or other agreements with other third parties and/or from granting rights to any other third party. Nothing herein shall prevent CLK.CARDS from promoting and/or marketing its Services.
4. 4.CLK.CARDS reserves the right to take legal actions against the Affiliate in the event the Affiliate shall attempt to manipulate CLK.CARDS and/or abuse CLK.CARDS’s Affiliate Program or CLK.CARDS Brands. Without limitation of the foregoing, CLK.CARDS reserves the right to withhold, setoff and/or deduct from any Commission due to Affiliate hereunder in the event of such manipulation and/or abuse and may also terminate these Terms with immediate effect.

C. Commission

1. The Affiliate shall be entitled to receive, with respect to each Qualified Transaction, up to 90 % of the Net Revenues generated from the Affiliate’s Qualified Customer(s) in the following manner:
   Table 1.
   

   Exchange of currency	Purchasing of cards	Depositing means on cards
   90%	30%	10%

   
   
   - An exchange commission applies to all asset conversions.
   - A 50% discount on the first virtual card issuance fee is available to "Qualified Customers" who sign up via a referral link.
   
2. Affiliate Program by CLK.CARDS works on a three-level system:
   Table 2.
   

   F-referrals	70%
   FF-referrals	20%
   FFF-referrals	10%

   
   
   - Friends (F-referrals) – Qualified Customers registered with the Tracking link of the Affiliate. The Affiliate receives 70% Commission from F-referrals.
   - Friends of Friends (FF-referrals) – Qualified Customers who are registered through the Tracking links of Affiliate’s F-referrals. The Tracking receives 20% Commission from FF-referrals, F-referrals get 70% Commission from FF-referrals.
   - Friends of Friends of Friends (FFF-referrals) – Qualified Customers who are registered through Affiliate’s FF-referral Tracking links. The Affiliate receives 10% Commission from FFF-referrals, F-referrals receive 70% Commission from FFF-referrals, FF-referrals receive 20% Commission from FFF-referrals.
   
3. Please note that we reserve the right to change this at any time without prior notice. A current version of these Terms (including the commission structure) will be available on the CLK.CARDS Website.
4. For the avoidance of doubt, unless otherwise agreed by CLK.CARDS in writing, each Qualified Customer shall only have one Tagged Account which shall be the first account the Qualified Customer signs up to. No Commission will be payable by CLK.CARDS to the Affiliate in relation to other customer accounts held by Qualified Customers.
   
5. Commission will be paid to the Affiliate only with respect to a Qualified Transaction executed by a Qualified Customer referred by the Affiliate under and in accordance with the provisions of these Terms.
6. CLK.CARDS will pay Commission immediately after the Qualified Transaction. The amount of Commission shall be calculated under the figures of Qualified Transactions displayed in the Affiliate's account on the date of the Commission payment. No interest shall be payable on late payments. In case You haven't received the Commission to be paid, please access CLK.CARDS customer service.
7. For Commission to be payable, the Qualified Customer and/or the Qualified Transaction must meet the following conditions:
   
   - such customer must have submitted its relevant customer information as required by CLK.CARDS and provided valid and unique account and billing information.
   - the customer must make a Qualified Transaction, and provide valid payment for the Services.
   - The customer's payment details must be up-to-date at the time the Commissions are processed and must not be subject to a refund, credit, cancellation, suspension or chargeback.
   - the customer must complete the sign-up process in a manner, which CLK.CARDS`s sole discretion, definitively establishes that such customer was referred directly from Affiliate to the Services, without manipulation of the Tracking Link(s) in any manner.
   - the customer must remain in compliance with Website Terms of Service, Privacy Note and other policies that are active at the time the Commissions are processed.
   - the customer must not behave in a way that is unlawful, abusive or otherwise fraudulent when using the Services.
   - the Service must not be canceled by such customer and CLK.CARDS will be entitled to withhold or deduct from Affiliate's current or future Commissions any such Commission paid to the Affiliate and which corresponds to canceled transactions.
   - the transactions by Qualified Customers must not be a result of fraud, manipulation, deception, questionable, or other unlawful or improper activity, to be determined by CLK.CARDS in its sole discretion.
   - the transaction must not relate to the Affiliate's own use of the Services.
   - the customer must not have previously been a user of the CLK.CARDS Website at any time (prior to the referral by the Affiliate), regardless of whether such customer was using the Services at the time of the referral or not.
8. Any past, current or future Commission arising in respect of any customer which CLK.CARDS later discovers or has reasonable grounds to believe, in its sole discretion, does not meet the conditions set out in section C.7 above shall be withheld, cancelled, or if already paid by CLK.CARDS, deemed repayable by the Affiliate, and CLK.CARDS may demand repayment and/or set-off the equivalent amount from future Commission payments.
9. Commissions will accrue and become payable provided that You submit all relevant information and/or documentation requested by CLK.CARDS for valid Commission to be issued under these Terms and the Affiliate Program Registration Form.
   
   You are responsible for the payment of all taxes related to the Commission which you receive under the Terms.
   
10. You are responsible for informing CLK.CARDS about changes to postal and/or e-mail addresses, as well as any changes to your name, contact information, tax identification number, wallet address or other personal information that will impact CLK.CARDS 's ability to issue a valid Commission payment.
11. CLK.CARDS will be entitled in its sole discretion to cancel or withhold indefinitely any Commission owed to the Affiliate or deny or reject any Commission and to require Affiliate to repay any Commission which has been paid if: (i) CLK.CARDS deems Affiliate’s actions to be in breach of any applicable law or regulation; (ii) Affiliate has breached these Terms, the Website Terms of Use, Privacy Policy and other policies that are active at the time the Commissions are processed; (iii) the Affiliate carries on any fraudulent activity or attempts to manipulate or falsify Qualified Customers or Qualified Transactions; or (iv) the Qualified Customer or any Qualified Transaction fails to comply with the qualifications required in section C.7 above.
12. It is the responsibility of the Affiliate to monitor the payment, denial, and withholding of Commissions. CLK.CARDS will attempt to notify the Affiliate but is not obligated to actively notify Affiliates of the status of Commissions. If the Affiliate has a question about a Commission that has been canceled, withheld or deemed repayable, the Affiliate has 30 days from the day the payment was due to contact the Company to discuss or reclaim the Commission. If the Affiliate fails to provide notice to CLK.CARDS within 30 days, the Affiliate shall be deemed to approve the Commission. Any changes to decisions about canceled, withheld or repayable Commissions are strictly at Company's discretion. To the extent possible, CLK.CARDS will provide the Affiliate with supporting documentation stating the cause of denied Commission provided that such documentation is not confidential and does not put CLK.CARDS at risk of breach of its duty of confidentiality towards any third party.

D. Tracking

1. CLK.CARDS will track Qualified Customers for calculating the Commission.
2. Tracking Links will be made through an external or internal solution chosen by CLK.CARDS. The Affiliate will be provided with all the necessary instructions, tracking links and, if needed, access to the tracking software. Access will be restricted to only his account and activity.
3. CLK.CARDS will only pay commission based Qualified Transactions generated via the tracking software and in no circumstances will pay Commission where the links were used inappropriately by the Affiliates or Qualified Customers.
4. Affiliate warrants to fully cooperate with CLK.CARDS in order to establish, operate and maintain such Tracking Links.
5. The transfer of Tracking Link to other CLK.CARDS Affiliates is prohibited, and in case of violation CLK.CARDS reserves the right not to pay to Affiliate up to 100% of Commission.

E. Affiliates Obligations

1. The Affiliate shall cooperate in good faith with CLK.CARDS to promote and refer the Services to Qualified Customers in accordance with these Terms. The Affiliate acknowledges and agrees that CLK.CARDS may in its sole discretion decide whether or not to accept New Customers as Qualified Customers.
2. CLK.CARDS may notify the Affiliate of any territorial, marketing and/or regulatory restrictions in place from time to time, and the Affiliate shall comply with such restrictions within [3] days of such notice being given in writing.
3. The Affiliate warrants that they are a natural person of at least 18 years of age and must not enrol in any Affiliate Program or use the Website if they are below the required minimum age.
4. In the course of fulfilling Affiliate’s obligations under the Terms, Affiliate hereby commits to comply with any laws and regulations applicable to Affiliate actions, marketing and advertising, including any anti-spam laws and regulation. The Affiliate warrants and accepts that they are solely responsible for their own compliance with such laws and regulations including in respect of its activities under these Terms.
5. The Affiliate will comply with all applicable requirements of the Data Protection Legislation. This section E.5 is in addition to, and does not relieve, remove or replace, a party's obligations under the Data Protection Legislation.
6. The Affiliate shall not promote CLK.CARDS’s Services to persons under 18 years old or to persons that are not eligible to use the Services.
7. Affiliate warrants that it will not directly or indirectly: use, post or promote any of CLK.CARDS’s content or Services or any recommendations in association with any material or content which is or which, in CLK.CARDS's sole discretion, may reasonably be considered illegal, unlawful or infringing under any applicable laws, or that in CLK.CARDS's sole discretion, could damage CLK.CARDS's brand, credibility, image or reputation.
8. The Affiliate is permitted to market CLK.CARDS’s Services solely in accordance with these Terms and subject to any other terms and conditions instituted by CLK.CARDS from time to time during the term hereof.
9. The Affiliate will only use our approved advertising creative (banners, html mailers, editorial columns, images and logos) and will not alter their appearance nor refer to us in any promotional materials other than those that are Program provided or approved by CLK.CARDS in writing, and shall not copy any CLK.CARDS content without written consent from CLK.CARDS. No other brands other than the Affiliate brand and the CLK.CARDS Brands shall be displayed on any advertising material. CLK.CARDS reserves the right to change any approved advertising creative and the Affiliate should do this within 3 days after receiving written notification from CLK.CARDS of such change.
10. A customer can only hold one account on CLK.CARDS. The Affiliate who originally referred the Qualified Customer will be earning Commission and in no circumstance will any Qualified Customer be tagged to a different affiliate. Therefore, a Qualified Customer cannot move from one affiliate to another affiliate (and if they signed up to use the Services without a referral from an Affiliate, they will not be tagged to any Affiliate at any time, even if they subsequently access the CLK.CARDS Website through a Tracking Link).
11. The Affiliate shall not offer cashbacks or other incentives to the customers they refer to CLK.CARDS.
12. Regarding SEM and PPC (including but not limited to Google, Bing), the Affiliate is not allowed to use the CLK.CARDS brand or trademarks in any way, written in a correct form or misspelled in the advertisements or any part therewith, including display or destination URLs, pats etc.; or bid on branded search queries, including and not limited to CLK.CARDS, and the same website in other domain zones, spelled in any possible way (including with typos, misspellings, spaces or symbols).
13. Affiliates must use Affiliate Websites for all PPC and/or SEM campaigns. The Affiliate’s advertisements and/or any part therewith shall not lead or redirect potential clients directly to CLK.CARDS’s Websites. The Affiliate is allowed to use the landing page provided by CLK.CARDS on Affiliate Websites ONLY, but in no way shall the Affiliate use any URL containing the words "CLK.CARDS".
14. Regarding Social Networks marketing (including but not limited to Facebook, Twitter, Instagram) the Affiliate is not entitled to advertise to consumers the Services, or any of them where CLK.CARDS is promoting the Services.
15. The Affiliate should not engage in any email marketing activity unless explicitly agreed with CLK.CARDS, and subject always to being in compliance with Data Protection Legislation. The Affiliate should not send emails regarding or directing to CLK.CARDS to any users that have not solicited the information and always include the unsubscribe information within the email.
16. The Affiliate should not engage in any SMS, fax, broadcast, telemarketing or other offline activity with respect to CLK.CARDS, use malware, spyware technology, Peer to peer distribution methods; or doorway pages opening CLK.CARDS website inside iframes; or any aggressive methods in any of its promotional activity and dealings with the CLK.CARDS brand and Services.
17. The Affiliate is responsible for the accuracy of the materials posted on the Affiliate Websites and for keeping content up-to-date. The Affiliate Website must not copy or mimic any of the CLK.CARDS Websites.
18. The Affiliate should remove any materials relating to CLK.CARDS within 24 hours of any request from CLK.CARDS.
19. The Affiliate is responsible for its own advertising and promotional costs and any other expenses arising in connection with these Terms, unless otherwise explicitly agreed in writing with CLK.CARDS.
20. The Affiliate warrants that it will not open more than one Affiliate Account without our prior written consent and acknowledges that it will not earn Commission on its own transactions through the Services.
21. Affiliates are required to enter all website listing they wish to promote us on registration, we can fail the affiliate application if the websites are not suitable.
22. The CLK.CARDS Program is intended for your direct participation. You shall not open Affiliate Accounts on behalf of other participants. Opening an Affiliate Account for a third party, brokering an Affiliate Account or the transfer of an Affiliate Account is not accepted. Affiliates wishing to transfer an account to another beneficial account owner must request permission to do so by contacting Us. Approval is solely at our discretion.

F. Intellectual Property

1. CLK.CARDS hereby grants to the Affiliate and the Affiliate hereby obtains from CLK.CARDS a limited, royalty-free, nonexclusive, personal, nontransferable, non-assignable and non-sub-licensable license to display the CLK.CARDS Brands in the Affiliate Websites solely for the purpose of promoting and marketing the Services.
2. The Affiliate acknowledges and agrees that: (a) it will use the CLK.CARDS Brands only as permitted hereunder; (b) it will use the CLK.CARDS Brands in a lawful manner and in strict compliance with all format(s), guidelines, standards and other requirements prescribed by CLK.CARDS; (c) the CLK.CARDS Brands are and shall remain the sole property of CLK.CARDS; (d) nothing in these Terms shall confer in the Affiliate any right of ownership in the CLK.CARDS Brands and all use thereof by the Affiliate shall inure to the benefit of CLK.CARDS; and (e) the Affiliate shall not, now or in the future, attempt to register any CLK.CARDS Brand and/or domain name and/or contest the validity of any CLK.CARDS Brands or use any term or mark confusingly similar to any CLK.CARDS Brands.

G. Confidentiality

1. 1.Each party undertakes that it shall not at any time disclose to any person any confidential information concerning the business, affairs, customers, clients or suppliers of the other party except as permitted by Section G.2.
2. 2.Each party may disclose the other party's confidential information:
   
   - to its employees, officers, representatives, auditors or advisers who need to know such information for the purposes of exercising the party's rights or carrying out its obligations under or in connection with this agreement. Each party shall ensure that its employees, officers, representatives or advisers to whom it discloses the other party's confidential information comply with this Section G.2;
   - as may be required by law, a court of competent jurisdiction or any governmental or regulatory authority; and
   - where such information is already in the public domain.
   
3. 3.No party shall use any other party's confidential information for any purpose other than to exercise its

H. Limitation of Liability

1. CLK.CARDS shall not be responsible for any of the Affiliate's activities relating to these Terms or otherwise, including the Affiliate's marketing activities or content on the Affiliates Websites.
2. Notwithstanding any other provision of these Terms, neither party's liability under or in connection with this agreement shall be excluded or reduced to the extent that it arises for death or personal injury or for fraud or fraudulent misrepresentation.
3. CLK.CARDS shall not have any liability to the Affiliate (including any liability in tort) under or in connection with these Terms for any loss of profits, loss of revenue, loss of or damage to reputation or goodwill, loss of opportunity, or losses or liabilities under or in relation to any other contract.
4. Subject to section H.2, CLK.CARDS total liability to the Affiliate shall not exceed the amount of Commission paid under these Terms in the 12 months prior to the event giving rise to such liability.

I. Termination

1. These Terms may be terminated with immediate effect by either party, with or without cause, by providing the other party with written notice of termination. For the avoidance of doubt, and without derogating from the generality of the foregoing, it is clarified that CLK.CARDS shall be permitted to terminate these Terms with immediate effect upon any breach of these terms by the Affiliate without having to provide the Affiliate with the opportunity to rectify such breach.
2. Once the contract has been terminated, the Affiliate shall immediately stop promoting CLK.CARDS and its Services, remove the Tracking Link from the Affiliate Website and cease to use any of the CLK.CARDS Brands or marketing materials provided by CLK.CARDS during the period these Terms are in effect.
3. CLK.CARDS will not pay any form of Commission to the Affiliate once the Terms have been terminated. Any New Customer sent to CLK.CARDS via the Tracking Links after Termination will not generate any Commission payable by CLK.CARDS to the Affiliate. Unless terminated by CLK.CARDS for breach of these Terms by the Affiliate, termination of these Terms shall not affect any rights, remedies, obligations or liabilities of the parties, including Commission, that have accrued up to the date of termination, including the right to claim damages in respect of any breach of these Terms which existed at or before the date of termination.
4. The provisions of this section J and sections A (Definitions), G (Confidentiality), H (Limitation of liability), K (General provisions) shall remain in effect notwithstanding termination of these Terms.

J. General

1. These Terms (and any dispute or claim relating to them or their subject matter, enforceability or termination (including non-contractual claims) is to be governed by and construed in accordance with the law, and the courts shall have jurisdiction to settle any claim, dispute or issue between the parties whether arising out of or in connection with these Terms or otherwise (including non-contractual claims).
2. A person who is not a party has no right to enforce any term of these Terms.
3. These Terms are not intended to and do not operate to create a partnership between the parties.
4. These Terms (as varied from time to time) and the Affiliate Program Registration Form constitute the entire agreement between the parties.
5. A waiver of any term, provision or condition of, and any consent or approval granted under, this agreement will be valid only if it is in writing, signed by the party giving the waiver or granting the consent or approval. Any such waiver, consent or approval will be valid only in the particular instance and for the particular purpose for which it is given and will not constitute a waiver of any other right or remedy.
6. Any failure (in whole or in part) to exercise or delay in exercising any right, power or remedy ("Right") available under this agreement or in law will not constitute a waiver of that or any other Right nor will any single or partial exercise of any Right preclude any other or further exercise of that or any other Right. The rights and remedies provided by this agreement are cumulative and (unless otherwise expressly stated in this agreement) and may be exercised without excluding any other rights or remedies available in law.
7. If any provision of this agreement is or becomes, in whole or in part, invalid or unenforceable but would be valid or enforceable if some part of that provision was deleted , that provision shall apply with such deletions as may be necessary to make it valid.