This agreement (“the Agreement”) applies between Adrecord AB, corporate identity number 556799-5989 (“Adrecord”) and You (“the Affiliate”). By approving the terms and conditions of this agreement and if you have then been approved by the advertiser, you are approved as Affiliate for the affiliate programme concerned and have the right to use Adrecord’s service (“the Service”) to act as intermediary for advertising. The Affiliate approves all the terms and conditions in this agreement and its annexes in connection with attachment to the service and/or an affiliate programme. This version of the Agreement replaces all previous agreements between the parties.
Definitions of designations used in this agreement can be found in Annex 1 to the agreement.
An approved Affiliate has the right to grant use of space on its website or other marketing channel on the internet for links, banners, advertisements and equivalent for those advertisers who have an affiliate programme registered with Adrecord.
Adrecord and/or the advertiser may, without warning or period of notice, amend the terms and conditions for or end an affiliate programme. It is the responsibility of the Affiliate to follow changes in the terms and conditions for the affiliate programmes to which the Affiliate is attached.
Adrecord has the right at any time to amend, or wholly or partially end the service without prior warning or period of notice. In the event of actions of this type, the Affiliate will be notified by e-mail and publication on the Adrecord website.
Form of agreement
The Affiliate takes part in Adrecord’s service entirely free of charge. In connection with payments to the Affiliate, costs may be charged to the Affiliate according to a price list applicable at the time of payment.
The agreement does not mean that the Affiliate is employed by Adrecord.
The agreement applies until further notice and may be terminated by both parties immediately without a period of notice. Adrecord has the right at any time during the agreement period to amend the agreement, and Adrecord will inform the Affiliate of these amendments. Amendments to the agreement will be notified to the Affiliate by e-mail and publication on the Adrecord website.
Adrecord owns all copyright, right of use and all software linked to the service, and the Affiliate has the right to the use the service only in accordance with the terms and conditions agreed in this agreement. The Affiliate does not hold or acquire any form of intellectual property rights under this agreement.
The advertiser’s rights
The advertiser has the right to set terms and conditions for the Affiliate’s participation in an affiliate programme, which apply in parallel with this agreement, and these terms and conditions may be amended at any time. The advertiser has the right at any time to end the cooperation and amend the terms and conditions and the remuneration for cooperation with the Affiliate.
Adrecord undertakes under this agreement and within the framework of Adrecord's service to record traffic mediated within the applicable affiliate programme to the Affiliate’s websites and to report and pay remuneration based on this traffic under the Agreement.
The Affiliate’s undertakings
The Affiliate undertakes to keep confidential information in a secure manner and to inform Adrecord immediately of suspicions that unauthorised persons have gained knowledge of or used confidential information.
The Affiliate pledges to comply with all applicable laws and ordinances on its website and guarantees that all data that has been supplied to Adrecord is complete and correct and that the data is consistent with actual circumstances.
The Affiliate guarantees that the rights to all content on the Affiliate's website are held by the Affiliate, or that the owner of the right has explicitly granted consent for the use. The Affiliate also guarantees that the content of the Affiliate’s own website does not infringe the rights of any natural person or legal entity, including intellectual property rights.
The Affiliate must not generate or assist towards the generation of fake traffic to the advertiser's website, and no payment will be paid for such traffic, and such fake traffic may also mean that a claim for compensation is lodged against the Affiliate.
The Affiliate is responsible for acceptance of details and terms and conditions for each individual affiliate programme before the Affiliate posts advertising material from an affiliate programme.
The Affiliate gives Adrecord free access to administer the content of advertising spaces and advertising materials if these are active and are used on the Affiliate's website.
Only one account is permitted per company or private individual. Exceptions may be made with the consent of Adrecord. An Affiliate who is a private individual must also be over the age of 18.
Identification of advertising
For advertising in blogs and other social media, posts must comply with the Consolidated ICC Code of Advertising and Marketing Communication Practice, which in brief means that you as an affiliate must identify your posts as advertising in a clear manner at the top of the post.
Example of clear text/identification as advertising:
“This post is an advertisement for ADVERTISER NAME and contains advertising links.”
We recommend that you study the Consolidated ICC Code of Advertising and Marketing Communication Practice.
If posts are published on social media without clear identification as advertising, we will be compelled to end the cooperation.
Fake / fraudulent traffic
Adrecord has the right to review all traffic using manual and automatic tools and as it sees fit to assess traffic as fake traffic for which no remuneration is paid. Fake traffic relates for example to, but is not restricted to, traffic that has not been generated by active independent activities of visitors in the form of natural persons on the Affiliate's website.
Data infringement, Hacking, etc.
Breaches of system or network security may lead to prosecution. Adrecord investigates all forms of such breaches in cooperation with the appropriate authorities.
Terms and conditions applicable to affiliate remuneration at any time are stated on the Adrecord website, and Adrecord reserves the right to amend such terms and conditions without notifying the Affiliate beforehand.
Remuneration is calculated by Adrecord and based solely on traffic statistics maintained by Adrecord and on traffic for which Adrecord has received full remuneration from the advertiser.
Payment takes place each calendar month to the bank account stated by the Affiliate if remuneration which is approved and is paid by the advertiser totals at least five hundred (500) Swedish kronor (SEK) or equivalent amount in another currency. The equivalent limit for salary earners is three hundred (300) SEK and payments take place regularly.
Remuneration may be withdrawn without prior warning by the Advertiser or Adrecord in the event of errors in the system, if an Affiliate does not fulfil the terms and conditions of an affiliate programme or the terms and conditions of Adrecord's agreement, recalled traffic, fake traffic or if Adrecord is not paid by or becomes involved in a dispute with an advertiser. Recall of remuneration may take place in arrears for registered, non-paid remuneration and also for remuneration already paid.
If the Affiliate cannot demonstrate valid documentation for the Affiliate's own payment of applicable tax and other statutory duties in the country concerned, Adrecord will deduct an equivalent sum before payment is made to the Affiliate. If the Affiliate's documentation and circumstances regarding its own tax payment change, this must be immediately notified to Adrecord.
Duration of the agreement
The agreement applies from the time you have been approved as an Affiliate until the agreement is terminated by either party or is cancelled.
Adrecord has the right to cancel the agreement and bar the Affiliate from Adrecord's services and/or the affiliate programme of a particular advertiser in the event that the Affiliate does not comply with Adrecord's user terms or the terms and conditions of this agreement and also if Adrecord considers the content of the Affiliate's website to be unsuitable or if the Affiliate misuses the service in some other way. Cancellation of the agreement must be immediately notified to the Affiliate by e-mail. On cancellation of the Agreement, the Agreement ceases to apply immediately and no further remuneration, either future remuneration or remuneration already accumulated at the time of cancellation, will be paid to the Affiliate for the affiliate programme or programmes affected.
Either party has the right to terminate this agreement with immediate effect and to discontinue use of the service. When the agreement has ceased, the Affiliate no longer has the right to utilise Adrecord’s services.
The Affiliate must indemnify Adrecord against claims for compensation or other claims for payment lodged against Adrecord on the basis of the content of the Affiliate's website, the Affiliate's improper use of or influencing of the service, technical problems or data losses caused by the Affiliate or on the basis of incorrect data supplied to Adrecord by the Affiliate.
If Adrecord is ordered to pay compensation to the Affiliate, Adrecord’s combined claim for compensation under all circumstances for each calendar year will be limited to the sum received by the Affiliate through the service during the current calendar year, however up to a maximum of one (1) price base unit. No payment will be paid for damage of less than SEK 10,000 per year or equivalent in another currency./p>
The agreement may not be transferred by the Affiliate in any form without the written consent of Adrecord.
Adrecord may, without the Affiliate’s consent, have free disposal of the Agreement and of data provided by the Affiliate and transfer this to another party including data on website, contact information, etc. which the Affiliate has provided.
Both parties must ensure that the handling of personal data takes place in accordance with national and international regulations on data protection throughout the period of validity of the agreement. This undertaking also includes GDPR, which starts to apply with effect from 25 May 2018. Until that time, personal data is protected in accordance with the Personal Data Act (PUL).
The Parties approve Terms and Conditions for personal data in accordance with Annex 2.
Adrecord or the advertiser are under no obligation to compensate the Affiliate for breach of this contract if the breach of contract has arisen as a result of force majeure, that is to say circumstances beyond the control of Adrecord or the advertiser.
Adrecord will provide the service in the condition it is in from time to time and does not guarantee that the website is available, nor is it liable for deficiencies in or interruptions to the service. Adrecord is not liable for either direct or indirect damage, cost, loss or claim thereof, which may affect the Affiliate as a consequence of the use of the service or in the event of interruptions to or deficiencies in the service. Adrecord is not liable for advertisers in the service of Adrecord fulfilling their undertakings. Adrecord is not liable for agreements entered into directly between the Affiliate and the Advertisers included in the framework of the Service.
If any provision or part of a provision of the Agreement is found to be invalid, this must not mean that the Agreement in its entirety is invalid, and reasonable adjustment must instead be made.
Disputes resulting from use of the website and its conditions of use will be settled in a Swedish court of law with interpretation according to Swedish law.
Annex 1 – Definitions
Physical person or legal entity who or which you represent and who or which can distribute advertising material from Adrecord’s advertisers.
Company or equivalent buying services from Adrecord.
All types of services for the mediation of advertising between the Affiliate and advertiser within Adrecord, including the affiliate programme as such, but also tools and functions for the cooperation between the advertiser and the Affiliate.
Text or graphic object on the Affiliate's website aimed at generating traffic to an advertiser's website via an affiliate programme.
Name for valid advertisement views, clicks, leads and sales.
Fake / fraudulent traffic
Designation for all traffic generated in an incorrect and non-permitted manner.
Annex 2 – Terms and conditions for personal data
Adrecord and the Affiliate have entered into an agreement on the service, which makes it possible for the Affiliate to grant use of space on its website or other marketing channel on the internet for links, banners, advertisements and equivalent for those advertisers who have an affiliate programme registered with Adrecord (“Affiliate agreement”).
Adrecord and Affiliate are jointly referred to as “the Parties” and each separately as “Party”.
Adrecord collects and stores personal information on persons who register as affiliates through the Adrecord website. Personal information means all types of information that can be directly or indirectly linked to a person, for example name, telephone number and address.
Unless otherwise stated, terms have the same meaning as in applicable rules on data protection, which means, among other things:
Processing means any operation or set of operations which is performed on personal data or on sets of personal data, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.
Applicable rules on data protection until 24 May 2018 mean Council Directive 95/46/EC, implemented in Swedish law through the Personal Data Act (1998:204) and the Personal Data Ordinance (1998:1191). With effect from 25 May 2018, the General Data Protection Regulation (GDPR), Regulation (EU) 2016/679 is meant.
Sensitive personal data is defined in section 13 of the Personal Data Act and with effect from 25 May 2018 in Article 9 GDPR.
Personal data means any information relating to an identified or identifiable natural person; an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
Third country means a country outside the European Economic Area (“EEA”).
Personal data collected by Adrecord
Adrecord collects the following data about you as Affiliate:
- E-mail address
- Telephone number
- IP address
- Personal identity number
- Bank account number
- Other information you give in the context of Adrecord's services.
Purpose of collecting personal data
Personal data is used to enable Adrecord to provide access to all the functions of its services, internal statistics, making payments, administration and otherwise fulfilling its commitments.
By approving the Affiliate Agreement, you also consent to your personal data being collected and stored in the manner stated in this annex. The personal data of the affiliate may, for example, be used for:
- Enabling use of Adrecord's service (“the Service”).
- Payment of commission.
- Internal analysis
- Fulfilment of undertakings towards Affiliate and Advertiser.
- Handling and disclosure of personal data at Affiliate-attached Advertisers, service suppliers or other processors who process personal data on our behalf.
- Handling and disclosure of personal data to law enforcement agencies by law and under decisions of authorities and to the police.
If the Affiliate does not accept the terms and conditions set out in this annex, the agreement must be terminated and the Affiliate must stop using the Service.