Affiliate Program - Terms and Conditions
Terms and Conditions for 1Office Affiliate Program
Terms of Service updated 01.04.2022
These terms and conditions of 1Office affiliation program (Program) constitute a binding legal contract (Contract) between 1Office Estonia OÜ, registration code 11528017, address Narva mnt 5, 10117 Tallinn, Republic of Estonia, e-mail address affiliate@1office.co, and the Affiliate approved by 1Office in accordance with this Contract.
The Program is set up in a third-party tracking service provider Tapfiliate platform (Platform). Please review general terms and conditions and privacy notice of Tapfiliate, which are applicable to the Program in addition to this Contract.
By signing up to the Program you agree to be bound by this Contract, and you confirm that you have read and understood Tapfiliate terms and conditions as well as privacy notice and you agree to be bound by these terms.
1. Sign up for the Program
1.1. 1Office affiliation program is designed for marketing 1Office Services with the help of Affiliates on terms and conditions established in this Contract.
1.2. The Program is intended solely for the Affiliates who are legal entities. 1Office does not offer the Program for private persons.
1.3. For participating in the Program as Affiliate, you will have to sign-up to Tapfiliate Platform by providing first name and last name of the authorized representative of the Affiliate, e-mail address and choose the password. Safekeeping the password is the liability of the Affiliate.
1.4. After sign-in you will have to create a user account (Account) on Tapfiliate Platform by providing the required information, including name, registration code, address, VAT number, PayPal account. 1Office may ask additional questions during the Account opening process. 1Office assumes that all information provided by the Affiliate on the Account is correct and up to date all time during the validity of this Contract.
1.5. A person signing up for the Program and accepting these terms of Contract on behalf of the Affiliate is liable for having the due legal powers to bind the Affiliate with the Program.
1.6. 1Office reserves the right to reject your application. You become the Affiliate only after 1Office has approved your application and confirmed your Account by sending confirmation e-mail.
1.7. Tutorial for the use of Platform is available after creating the Account.
2. Scope of the Program
2.1. Purpose of the Program is to promote globally 1Office Estonia and 1Office UK Services (1Office Services or Services).
2.2. Promotion of 1Office Services shall be performed by redirecting clients (Client) interested in 1Office Services to 1Office websites from a trackable hyperlink (Affiliate Link). Each Affiliate will have its unique Affiliate Links. Each Affiliate may promote all 1Office Services using the unique Affiliate Links.
2.3. Services available to Clients are described under the Assets on the Account. The Affiliate may distribute all Assets to Clients in compliance with this Contract.
2.4. 1Office may from time to time include, remove or amend the Assets.
2.5. 1Office reserves the right to restrict or prohibit distribution of the Assets and publishing of the Affiliate Link by the Affiliate in certain contents deemed inappropriate at the sole discretion of 1Office.
2.6. Administration and monitoring related to the Program takes place through the Platform. 1Office has access to your Account for monitoring the affiliation relation.
2.7. 1Office reserves the right to modify the scope of the Program any time by giving 14 days’ notice to the Affiliate.
2.8. The Affiliate shall refrain from breaching the intellectual property rights of 1Office or any third party during participating in the Program. 1Office owns all intellectual property rights of its trademark, services, website and 1Office Company Formation Portal.
2.9. The Affiliate is granted the right to use 1Office trademark only for promoting 1Office Services during the term of this Contract.
3. Obligations of the Affiliate
3.1. The Affiliate must create and maintain the Account in compliance with Tapfiliate terms and conditions relating to the use of the Account and the Platform.
3.2. The Affiliate shall comply with all reasonable and lawful instructions of 1Office for the purpose of this Contract.
3.3. The Affiliate shall use the Affiliate Link in compliance with this Contract solely for the purpose of the Program.
3.4. The Affiliate may not transmit any data or materials which contain viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful program or similar computer code designed to adversely affect the operation of any computer software or hardware.
3.5. The Affiliate may not generate artificial traffic to the 1Office websites, such that traffic recorded by the Platform is higher than the number of unique Clients who are directed to the 1Office websites by the Affiliate Link.
3.6. The Affiliate may not utilize a tracking link obtained through, or otherwise refer to, another 1Office referral program in conjunction with the Affiliate Link.
3.7. The Affiliate shall not publish the Affiliate Link in any content inappropriate for promoting business services, nor use the Affiliate Link for sending unsolicited e-mails (Spam).
3.8. The Affiliate shall not distribute misleading or false information about 1Office Services or service fees. All Services and fees shall be promoted as they are posted in 1Office websites.
3.9. The Affiliate shall not make or give offers, representations or warranties to Clients other than included in the scope of the Program and according to this Contract. The Affiliate must disclose to Clients the affiliation relationship with 1Office.
3.10. The Affiliate shall not create the impression that it is authorised to bind 1Office in any way and shall not do any act which might reasonably create the impression that the Affiliate is authorised representative of 1Office. 1Office has sole discretion for accepting and denying its Clients.
3.11. The Affiliate shall not make or enter into any contracts or commitments or incur any liability for or on behalf of 1Office, including for the provision of 1Office Services or the fee for them, and shall not negotiate any terms for the provision of the Services with Clients.
3.12. The Affiliate shall not produce any marketing material for 1Office Services or use 1Office name, logo or trademarks on any marketing material without the prior written consent of 1Office.
3.13. The Affiliate may not transfer, assign, subcontract, or deal in any other manner with any or all of its rights and obligations under this Contract without prior written consent from 1Office.
3.14. The Affiliate shall be liable for compliance with the personal data protection regulations, including the GDPR, and shall refrain from breaching the rights of individuals under these regulations while performing this Contract.
3.15. The Affiliate must be aware of 1Office current terms of service and refrain from promoting Services to Clients not supported by 1Office.
3.16. The Affiliate shall refrain from damaging the reputation and goodwill associated with 1Office.
4. Obligations of 1Office
4.1. 1Office will provide the Affiliate with Affiliate Links for tracking the redirection of Clients from the tracking links to 1Office websites.
4.2. 1Office will inform the Affiliate from time to time about changes to the Program, new services and service fees offered by 1Office to Clients.
4.3. This is a non-exclusive contract with the Affiliate. 1Office may choose other Affiliates and establish the terms of the contract with each Affiliate at its own discretion.
4.4. 1Office will pay the Affiliate Fee in accordance with the Contract.
5. Affiliate fee and payment terms
5.1. The Affiliate fee (Fee) shall be calculated as follows:
– 50 EUR per Client who purchases the combination of company formation and virtual office service;
– 10% of 1Office net income (service fee without VAT) for other services, except company formation.
5.2. The Affiliate is entitled to the Fee for each new Client who has been redirected to 1Office website from the Affiliate Link, and is not an existing Client or Client referred to 1Office via other marketing channels, and if:
- Client makes Service purchase within 90 days from clicking the Affiliate Link; and
- Client does not use a discount code upon the purchase or other promotion service fees. It means that the Fee is not payable from the promotional service fees; and
- Client has been approved by 1Office in accordance with 1Office terms of service.
5.3. The Affiliate shall repay the Fee paid by 1Office for Clients not approved for 1Office Services. Repayment takes place by the set-off between the Fee to be paid to the Affiliate by 1Office with the Fee to be repaid to 1Office by the Affiliate.
5.4. Office reserves the right to refuse from paying the Fee if the Affiliate is in breach of this Contract.
5.5. 1Office reserves the right to change the Fees by giving the Affiliate 30 days’ notice by e-mail or through the Account.
5.6. The Fee will be paid to the Affiliate based on the approved conversions on the Account and on the basis of the invoice. VAT shall be paid in accordance with applicable law.
5.7. Invoice for the Fee will be issued by 1Office on behalf of the Affiliate. 1Office Estonia will issue invoice in euros in respect of 1Office Estonia Services. 1Office Group will issue invoice in pounds in respect of 1Office UK Services.
5.8. The Affiliate agrees that invoice will be issued on the 5th date of each month, unless the Fee is less than 100 EUR/GBP. If the Fee is less than 100 EUR/GBP, invoice will be issued on the 5th date of the month when the Fee is at least 100 EUR/GBP.
5.9. 1Office reserves right to set-off the Fee payable to the Affiliate with the Fee paid to the Affiliate for rejected Clients.
5.10. The Affiliate shall review the invoice during 5 days from receiving and approve or make suggestions in Fees if necessary. The Affiliate is deemed to have approve the invoice if it does not submit any comments regarding the invoice to 1Offfice. The payout shall be made to the Affiliate within 10 days from approving the invoice.
5.11. The Affiliate must provide PayPal or IBAN (International Bank Account Number) account for receiving the Fee. Other payment options are not supported by 1Office in relation to this Program.
5.12. 1Office shall not be responsible for any expenses incurred by the Affiliate upon performing this Contract.
6. Duration and termination
6.1. This Contract comes into force from accepting the Affiliate by 1Office and it will continue until terminated in accordance with this article 6.
6.2. 1Office may terminate this Contract and close the Account any time without liability to the Affiliate with or without prior notice. The Fee due as of the date of termination shall be paid to the Affiliate in compliance with this Contract.
6.3. 1Office may terminate this Contract and close the Account any time without liability to the Affiliate without prior notice in case no Clients have been redirected from Affiliate Link during the period of three month.
6.4. 1Office may terminate the Contract and close the Account any time without liability to the Affiliate with or without prior notice and without paying the Fee due as of the date of termination if the Affiliate has breached the Contract.
6.5. The Affiliate may terminate the Contract by giving 1Office 14 days’ notice by email. The Fee due as of the date of termination shall be paid to the Affiliate in compliance with this Contract.
7. Limitation of liability
7.1. The Affiliate shall indemnify and hold harmless 1Office from and against any and all claims, liabilities and damages the Affiliate may cause to Clients by the breach of personal data protection regulations.
7.2. The Affiliate shall indemnify and hold harmless 1Office from and against any and all claims, liabilities and damages the Affiliate may cause to Clients by providing wrong or misleading information about 1Office services or service fees.
7.3. The Affiliate acknowledges that the Account is set up on the Platform provided by third party service provider. The use of the Account must be in full compliance with Tapfiliator terms and conditions (https://tapfiliate.com/tos/). The Affiliate shall indemnify 1Office from any claims arising from using the Account and shall compensate to 1Office all damages caused by the breach of Tapfiliator’s terms and conditions. 1Office will not be liable for any loss nor damage arising as a result of the use of the Account by the Affiliate.
7.4. The Client tracking and Affiliate Fee calculation services are provided by Tapfiliator. 1Office will have no liability to the Affiliate for any delay or failure in the provision of these services.
7.5. The Affiliate takes full liability for costs, losses or damages incurred to 1Office as the result of breach of any applicable law or this Contract by the Affiliate.
7.6. 1Office shall not be liable to the Affiliate for modifying the scope of Program, changing the Fee or cancelling the Account.
7.7. Each party shall at its own expense comply with all laws and regulations relating to its activities under this Contract, as they may change from time to time, and with any conditions binding on it in any applicable licenses, registrations, permits and approvals.
8. Governance and jurisdiction
8.1. This Contract and any dispute or claim arising out of or in connection with it shall be governed by and construed in accordance with the law of Republic of Estonia.
8.2. Any dispute or claim arising out of or in connection with this Contract shall be settled by Harju County Court in Tallinn.