Terms and Conditions
The General Terms and Conditions (hereinafter: "Terms") of this website have been compiled in accordance with the relevant legislation.
The Precisefunnels website, available at the direct web link https://www.precisefunnels.com/ (hereinafter: "Website" or "Service"), is managed by Precisefunnels, digitalni marketing, Rok Sprogar s.p., Ulica heroja Stariha 19, 8340 Crnomelj, registration number: 8396086000, VAT ID: 61169340 (hereinafter: "us", "we", "our", "Owner", or "Company") is the service provider in connection with the Website. These Terms govern the business relationship between the Owner and Users when using the services provided by the Owner throughout the website.
The Owner reserves the right to change the Terms, including changes in the prices of services. Any changes to the Terms will be published on the website https://www.precisefunnels.com/ and will take effect at the time of publication or after the expiration of a certain period, if so stated. It is the obligation of each User to find out through the website whether there have been changes to the Terms and what these changes are. Precis Funnels will ensure that the notice of changes to the Terms is clearly visible on the website.
You expressly agree and acknowledge that you have read these Terms and agree to comply with and be bound by all of these Terms as a requirement for creating and maintaining an account with the Owner. If at any time you do not agree with any part of these Terms, you agree to cease any further use of the website and our services, in which case you agree that any activity that transpired prior to the date of such termination shall be governed in full by these Terms.
Last update: January 2021
1. INFORMATION ABOUT US
Company's name: Precisefunnels, digitalni marketing, Rok Šprogar s.p.
Registered address: Ulica heroja Stariha 19, 8340 Črnomelj
Tax/VAT number: SI 61169340
Registration number: 8396086000
Contact: Use this contact form to contact us.
2. OUR SERVICES
The Website is an online platform that offers its Users a financial incentive through affiliate marketing program (hereinafter: "Affiliate(s)""). Affiliate marketing is the process of earning a percentage of the sale price (hereinafter: "Commission") by promoting other people’s or company's products. An Affiliate can promote one or multiple affiliate products and attract potential customers.
An Affiliate needs to be able to issue an invoice for their service (e.g. Ltd, self-employed). Until an invoice is issued by the Affiliate, the payment will not be sent. You will be required to register for an account in order to use our Services. When you provide information during the registration process, you agree to provide only true, accurate, current and complete information and to update it as necessary to maintain its truth and accuracy.
If you register for an account at the Website, you agree to accept responsibility for all activities that occur under your account or password, if any, and you agree you will not sell, transfer or assign your subscription or any subscriber rights. You are responsible for maintaining the confidentiality of your password, if any, and for restricting access to your computer (or other Internet access device, as applicable) so that others may not access the password protected portion of our Services using your account information in whole or in part. We reserve the right to terminate your account or otherwise deny you access in our sole discretion without notice and without liability.
Once registered, you will be able to install a script manually and/or via a plugin/app that will allow lead generation content (pop ups, website sidebars and similar elements) to appear on your web sites or other offline or online channels or medium through which you will be able to promote, market or advertise (hereinafter: "Promote" or a "Promotion") any product which is registered for sale via our Services, either by us or by another Merchant (hereinafter: each a "Product") for a Commision. For the purposes of these Terms, "Merchant" is defined as any person or entity that submits one or more Products for sale via our Website.
By registering on our Website, affiliates agree that these general terms include and can only be accepted in conjunction with our General Data Protection Regulation (GDPR) Joint Controller Agreement.
4. PROMOTING PRODUCTS
If you Promote any Product, whether via our Services or via any other online or offline channel or medium, including for the purpose of earning a Commission, you agree, acknowledge, represent and warrant that:
- When you Promote a Product, you will use only the content that will be supplied by Us. You will not make any unauthorized changes to the wording and visual appearance of said content, except as permitted via our Services.
- You will not make any unlicensed or unauthorized use of, or otherwise infringe, violate or misappropriate any patent, copyright, trademark, trade secret, right of privacy, right of publicity or other intellectual property or other proprietary right (collectively "IP Rights") of any entity or individual.
- You will not Promote any Products or services to children under the age of thirteen (13).
- You will not Promote violence, sexually explicit materials, Products from any website, blog, social network, forum or other medium that contain, host or promote illegal content or material, illegal activities, alcohol, tobacco or prescription drugs, discrimination based upon race, sex, religion, nationality, disability, sexual orientation or age.
- The Company reserves the right, but is not obligated to review your Promotions. You agree that the Company, in its sole discretion and at any time, may require changes to Product Promotion and delivery pages, customer support or any other items related to the content of your Promotions.
- You will provide valid contact information, including but not limited to a working email address and phone number, where the Company can send its inquiries.
- You will comply with all applicable laws, rules and regulations, and will not interfere with any other Affiliate’s business or use of our Services. The Company reserves the right to take any action against you for violating this provision, including account suspension and/or termination.
5. COMMISION CALCULATION
When an Affiliate generates a sale of our own products/services, a deduction of a flat, 9% fee (this fee is used by the Company to cover any taxes, transaction and currency conversion costs of third party payment processors like Stripe or Paypal, server costs, email marketing costs, and any other costs and fees that can be directly or indirectly contributed to the sales), is made from the final retail price. The remainder (hereinafter: “Net Profit”) is then split between the Owner and the Affiliate based on the percentage of affiliate earnings stated for each individual product on the Website. Amounts are credited to the Affiliate’s Account in the Earned Commissions section (see point 6) at the time of sale.
When an Affiliate generates a sale of a product/service owned by a third party, the total revenue per sale that the Owner receives as an affiliate marketer for third party products represents the Net Profit, which is then split between the Owner and the Affiliate based on the percentage of affilaite earnings stated for each individual product on the Website. Amounts are credited to the Affiliate’s Account in the Earned Commissions section (see point 6) at the time of sale.
6. COMMISION ATTRIBUTION
We atribute every purchase to the Affiliate's account on our Website for sales to leads that have been generated through the Affiliate marketing channels using url anonymised url parameters and tracking cookies.
7. COMMISSION PAYMENTS
The earned commissions that are yet to be paid out to the Affiliate, will be displayed in on our Service as (i) Earned Commissions or (ii) Payable Commissions.
All earned commissions from the sale of our own or third party Products (including those for which we have not yet received payment from the customers and/or whose purchases are still within their respective product refund period - see point 7) will be registered in the Earned Commissions section. These funds cannot yet be transferred to the Affiliate’s bank account.
Payable Commissions are registered funds for which you will be able to receive payout from the Owner to your bank account. Funds that are registered as Payable Commissions are funds for which we received payment from the customers and the Return Period has passed.
First commission payment
When you as an Affiliate facilitate sales, your commission is directed into your account in the Earned Commissions section. Once you reach the payment threshold which is 100 USD / 100 EUR, you will receive a request to complete your account information with required banking details and your company’s information (hereinafter: “final information”). When all final information is entered you will have to issue an invoice to the Company. An Affiliate is to be able to issue an invoice for their service (e.g. Ltd, self-employed). Until an invoice is issued by the Affiliate, the payment will not be sent. The invoice has to be sent to email@example.com. Transfer of your funds will be made by the eight day of the month for each previous month if the Company has received both - your final information and the invoice for services rendered in the previous month. Within a maximum of 14 (fourteen) days after receiving both - your final information and the invoice, the Company will transfer your funds to your provided bank account via Paypal or Stripe.
Further commission payments
Once your final information has been entered, you will have to issue an invoice everytime you want us to transfer your credited funds from your account to your bank account. The invoicing procedure and the payment deadline are the same as for the first commission payment (see above, point a). An Affiliate can only receive payments for the funds registered in the Payable Commission sector.
8. RETURNS AND REFUNDS
The Company may approve a return of a purchased product if it is requested in the Return period. Return period is the time during which a customer can return the purchased product and requests a refund. When a sale is returned the customer receives a 100% refund and payouts from that sale are debited back out of the corresponding Affiliate account.
During the Return period, Affiliate’s commissions will be registered in the Earned Commissions section. Once the period expires and there is no request for a return of a purchased product, the funds will be redirected from your Earned Commissions into your Payable Commissions section.
Refunds and chargebacks may result in a negative balance in Affiliate’s account. If your account experiences a negative balance for any reason, the Company may withdraw funds from any other accounts you control, may seize any available funds to cover the deficiency, and/or may invoice you for the deficiency.
9. ACCOUNT CLOSURE
You may close your account at any time. Any closing balance that hasn't been paid out to you, will be forfeited. To close your account, please contact us via our contact form (using the email you registered your account with).
10. AVAILABILITY OF SERVICES; SUSPENSION; TERMINATION
You agree and acknowledge that:
Subject to the terms and conditions of these Terms, we shall use commercially reasonable efforts to provide the our Services in a manner that will not disrupt your business. You acknowledge and agree that from time-to-time our Services may be inaccessible or inoperable for reasons including, without limitation: (i) equipment malfunctions; (ii) periodic maintenance procedures or repairs that we may undertake from time to time; or (iii) causes beyond our reasonable control or that are reasonably unforeseeable by us, including, without limitation, interruption or failure of telecommunication or digital transmission links, hostile network attacks, network congestion or other failures. You acknowledge and agree that we are not liable for any periodic interruptions in availability of our Services and further acknowledge that we do not guarantee access to our Services on a continuous and uninterrupted basis.
We may adjust Commissions based on performance, close an account, and/or suspend or terminate our Services at any time, in our sole discretion, without cause or notice to you or any penalty or liability for doing so.
We may, in our sole discretion, suspend or terminate your account and your rights to use our Services and the Company may retain any or all funds (including future funds that may accrue) in your account, if: (i) we suspect or have reason to believe and/or if a person otherwise claims that you have violated the law or breached any term of these Terms; (ii) your account experiences or is reasonably anticipated to experience a negative balance. Upon such termination, you agree to immediately cease all use of our Services and intellectual property licensed in Section 10(b) of this Agreement. Without limiting the foregoing, we shall have the right to immediately terminate your access and use of our Services, or any portion thereof, and to seize funds in your account, in the event of any conduct which we, in our sole discretion, consider to be unacceptable.
Following suspension or termination of your account or retaining of funds pursuant to this section, we will review your account in a manner determined by us in our sole discretion. You agree to cooperate with this review if asked. If the review concludes that there is a reasonable basis to believe misconduct has occurred, you agree that we may retain funds in your account as liquidated damages and/or for the benefit of us or third parties affected by the misconduct. You acknowledge and agree that such liquidated damages: (a) are not a penalty, and (b) are reasonable and not disproportionate to such presumed damages to us.
We may withhold any portion of the funds in your account if you do not provide us with all required final information (see point 6, paragraph a) within 6 (six) months from receipt of the request to complete your account information that would enable us to pay out your funds.
11. OUR IP RIGHTS
Except as set forth in this section below, you may not use the Company's name, trademarks, service marks or any other IP right of the Company in any manner whatsoever to suggest association or affiliation with or endorsement by the Company without the express prior written consent of the Company, which the Company may withhold at its sole discretion.
Subject to the following terms and conditions, during the term of using our Services the Company grants you a limited, revocable license to use the Company' name: (i) as a watermark, Internet search engine description, keyword, search term or seeding element with any Internet search engines or keyword-triggered advertising programs; (ii) in metatags or hidden text; (iii) to identify Products or (iv) in connection with Promotions.
The Company may revoke the foregoing license and/or provide restrictions upon your use of the Company' name, including requiring the use of such disclaimers as the Company may provide, in connection with your use of the Company's name, at anytime and for any reason in the Company’s sole discretion.
Failure to comply with any restrictions imposed by the Company upon your use of the Company's name or failure by you to immediately cease all use of the Company’s name if so instructed by the Company shall constitute (1) a breach of the limited license set forth in this section 11(b); and (2) a breach of these Terms. In such cases, the Company reserves the right to pursue any and all remedies available to it at law or in equity.
You may not use or display the Company’s name in any manner to disparage the Company or our Services.
Notwithstanding the limited revocable license set forth in section 11(b) above, as between the parties, the Company shall be and remain the sole owner of all right, title and interest in and to our Services (including, without limitation, all IP Rights therein) and any other IP Rights, materials or other properties owned, licensed or controlled by us, and you hereby assign to us all rights, title and interest you may be deemed to have therein. All rights not specifically granted to you under these Terms are expressly reserved by the Company.
12. CONFIDENTIALITY & NON-DISCLOSURE OBLIGATIONS
In connection with these Terms, we may disclose to you and/or you may otherwise receive or have access to sensitive, confidential, and/or proprietary information owned the Company (collectively, "Confidential Information"), including, but not limited to (a) physical and data security information; (b) technical data; (c) our platform statistics and sales data; and/or (d) know-how or business information relating to business processes, methods, or marketing strategies. Except as required to perform your obligations under and in accordance with these Terms, you shall not (i) disclose the Confidential Information to any Person, or (ii) use the Confidential Information (whether for your own benefit or the benefit of any other Person), without the express prior written consent of the Company. You may not use any Confidential Information for the purpose of soliciting, or to permit others to solicit, our Affiliates to subscribe to any other services or promote the sale of any products which compete, either directly or indirectly, with us or our Services, including without limitation the functionality offered by our platform. You agree and acknowledge that we may be required to provide governmental agencies or other third parties information in its possession regarding you or the business you conduct with us.
13. REPRESENTATIONS AND WARRANTIES
You represent, acknowledge and warrant that:
(b) You may not: (i) frame, copy or mirror any content forming part of our Services; (ii) reverse engineer our Services or otherwise attempt to derive its source materials; (iii) access our Services for the purpose of (A) building a competitive product or service, or (B) copy any features, functions or graphics of our Services; (iv) interfere with or disrupt our Services or any data contained therein; (v) attempt to gain unauthorized access to our Services, its related systems or networks; or (vi) use our Services for any unlawful purpose or in violation of the rights of any Person.
14. LIMITATIONS OF LIABILITY
In no event shall any of the Company's parties, or its heirs, successors and assigns, be liable for any indirect, incidental, special, punitive, or consequential damages whatsoever arising out of, resulting from, or in connection with these Terms and/or any (a) use of or inability to use the our services, (b) personal injury, property damage, or losses of any kind, resulting from your access to and/or use of the our services, (c) unauthorized access to or use of any and all personal information and/or financial information stored therein, (d) interruption or cessation of transmission to or from our services, and/or (e) bugs, viruses, trojan horses, or the like, which may be transmitted to or through our services, whether or not the Company is advised of the possibility of such damages.
You as an Affiliate undertake to pay all taxes and other duties that would arise from using our Services and acting as our Affiliate. Our liability for any of your financial obligations is completely excluded.
15. NO GUARANTEE OF VALIDITY
The Company does not endorse, approve, or certify any information provided on or through its Services, nor does it guarantee the accuracy, completeness, efficacy, timeliness, or correct sequencing of such information. Information provided on or through our Services may or may not be current as of the date of your access, and the Company has no duty to update and maintain such information. Additionally, the information provided on or through our Services may be changed periodically without prior notice. All content provided on or through our Services is provided "AS IS." Use of such information is voluntary, and reliance on it should only be undertaken after an independent review of its accuracy, completeness, efficacy, and timeliness.
16. NO PROFESSIONAL ADVICE
The Company provides professional information (for example, financial or compliance) for informational purposes only, which should not be construed as legal or accounting advice. You should seek independent professional advice from a person who is licensed and/or knowledgeable in the applicable area before acting upon any information, fact or opinion provided on or through our Services. You understand that our employees, representatives, and/or agents do not provide advice pursuant to the authority of professional certifications or licenses and you will not treat information provided by our employees, representatives, and/or agents as such.
YOU ASSUME ALL RISK AND RESPONSIBILITY FOR YOUR DECISION TO USE OUR SERVICES. OUR SERVICES AND ALL RELATED SERVICES ARE OFFERED "AS IS" AND WE DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. NEITHER WE NOR OUR RELATED PARTIES AND AFFILIATES ENDORSE OR ARE RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY INFORMATION, FACT OR OPINION PROVIDED ON OR THROUGH OUR SERVICES.
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