General Conditions
- Terms And Conditions (‘’Terms’’) govern your participation (‘’Affiliate’’ or simply ‘’you’’, ‘’your’’ etc.) in Jibble’s affiliate program (‘’Program’’).
- The Program is administered by Jibble Ltd, a private limited company incorporated and operating in accordance with the laws of England and Wales, with its registered office in London, address: Devonshire House, 582 Honeypot Lane, Stanmore, England, HA7 1JS, United Kingdom, registration number 13239371. (‘’Jibble’’ or simply ‘’we’’, ‘’our’’, “us” etc.).
- The purpose of the Program is to enable you, the Affiliate, to promote our Services (as defined in Jibble Terms & Conditions), introduce our products to new audiences, and receive awards based on your performance and activity.
- These Terms do not establish an exclusive relationship between you and Jibble. You are free to promote and recommend similar products and services offered by third parties and to collaborate with other entities in connection with the design, sale, installation, implementation and use of similar services and products of third parties. Additionally, Jibble reserves the right to engage other Affiliates.
- Additional details regarding the Program can be found on the page jibble.io/partner, which is considered an integral part of these Terms (‘’Documentation’’). We strongly recommend that you carefully review the Documentation related to the Program before you sign up as an Affiliate and accept these Terms.
- These Terms, along with the Documentation, form a binding legal agreement between the Affiliate and Jibble, outlining the general principles, conditions and the Affiliate’s participation in the Program. They also specify the rights and obligations of both the Affiliate and Jibble. By completing the sign-up form and clicking ‘’Register as an Affiliate’’ (or any equivalent button), you acknowledge and unconditionally accept these Terms.
Participation
- Participation in this Program is free of charge, and having a pre-existing user account is not required to participate.
- The Program is available to individuals who are at least 18 years old and have full legal capacity, or to legally operating entities that have completed an application to become an Affiliate. By submitting your application, you confirm that you have reviewed and unconditionally accept these Terms. You represent and warrant that you possess the full legal authority and capacity to enter into these Terms. If you are entering into these Terms on behalf of a legal entity, you represent and warrant that you have the authority to bind the entity (as an authorized officer, director, or member of the management board) and that these Terms are binding and enforceable upon the entity.
- Participation in the Program is facilitated through an external tool (the “Platform”), which we will provide to you upon your acceptance into the Program. The Platform allows you to track your participation and performance. Upon registration, you will receive a unique individual URL (the “Link” or “Affiliate’s Link”) that you can use to refer clients to Jibble and promote via your website or other channels. The Platform will also enable you to monitor your participation, conversions, commissions, and access detailed reports regarding your performance as an Affiliate.”
- To participate in the Program, you must complete the application at the link jibble.io/partner, accept these Terms, agree to the Platform’s Terms and Conditions, and sign up. After you submit your application to become an Affiliate, we will review it and notify you of your acceptance into the Program. We may contact you for additional information before making a decision. If you do not receive a notification of acceptance within thirty days of submitting your application, your application will be deemed accepted
- Upon approval, you will be appointed as a non-exclusive Affiliate for the duration of your participation. As an Affiliate, your role is to refer potential clients (‘‘Referred Customers’’) to purchase our products and services. You agree not to represent yourself as part of Jibble, nor create any obligations on behalf of Jibble. You are expected to invest reasonable time and effort in promoting our products and services, ensuring that your promotions meet a high standard of quality.
- Your participation in the Program is personal, and you are not permitted to recruit sub-affiliates or share your Commission with any third parties.
- Throughout your participation in the Program, you agree to fully comply with these Terms, the Documentation, and any applicable local laws. You will also adhere to all relevant governmental regulations, judicial and administrative orders, licenses, permits, judgments, decisions, or other requirements imposed by any governing authority with jurisdiction over you, as well as the laws of England and Wales.
Commission
- To qualify for the Affiliate commission, the Referred Customer must subscribe to and make a payment for one of the paid subscription plans (Premium or Ultimate), with the transaction successfully recorded through the Affiliate’s Link and visible on the Affiliate dashboard.
- You will only be compensated for qualified payments made by Referred Customers who meet the criteria outlined in the following clauses (‘‘Eligible Payment’’).
- Eligible Payment under these Terms refers to the first payment made by a Referred Customer that is not subject to withdrawal, deduction, discount, refund, or chargeback within 60 days (the ‘’locking period’’) of the payment. A Referred Customer’s payment will be considered an Eligible Payment regardless of whether the Customer was previously on a free plan or is a new lead from the Affiliate, provided the Customer has never made a payment before and the Affiliate has facilitated the Customer’s transition from a free to a paid plan.
- Referred Customer’s payment shall not be considered an Eligible Payment in case: (a) the Referred Customer had been introduced to Jibble by another Affiliate; (b) had subscribed to our Services of their own choice without using the affiliate link, or had otherwise misused or failed to use the Link; ( c ) the Referred Customer has paid or will pay commissions, referral fees or other compensation directly to the Affiliate, or (d) the Referred Customer had previously been approached by Jibble’s representatives, account executives or employees in relation to potential contracting or subscription.
- Participation in the Program does not result in obtaining any discounts for the Services to the Affiliate or to the Referred Customer, unless we stipulate otherwise in writing. Jibble will not pay Commission for the so-called self-dealing, i.e. using the Program to obtain discounts for own accounts and Organizations. Such conduct will be considered a major breach of these Terms and may lead to the exclusion from the Program and the forfeiture of expected payments.
- Commission is calculated only upon payment to the Affi liate. Until then, the expected payment is not an obligation from us to you, but an estimation of the future revenues. No obligation of payment arises for Jibble unless: (a) the sum of the commissions from the Referred Customers exceeds the payout threshold of 50 USD; (b) 60 calendar days have passed since the payout threshold elaborated in point (a) was reached.
- Commission shall be calculated as 50% of our net revenues from Eligible Payments, which means our total revenues, minus taxes, chargebacks, cancellations, bad debt, collection costs, clearing costs and payments made in order to collect the payment. By agreeing to the Terms, you’re agreeing that our records are deemed as accurate and that our tracking is final.
- Payments shall not be made more often than once every 90 days unless we agree otherwise in writing. In order to receive payment under these Terms, you must have: (a) agreed to these Terms; (b) completed all the steps necessary to to create your account in the Platform in accordance with our instructions; (c) have a valid and up-to-date payment method (usually PayPal or a bank account via direct deposit); (d) reached the payout threshold of 50 USD for each payout.
- If we provide a Referred Customer who made an Eligible Payment with a refund, and they initiated a successful chargeback procedure or the payment had to be returned for any other reason, and we have already paid out the Commission to you, then we may deduct the Commission from your future payout, or request that you return such fees. You also agree that we may offset any sums that you may owe us from any future payments.
- Both Jibble and the Affiliate shall bear its own expenses, currency conversion fees and similar, and the Commission you are entitled to is the sole payment you receive in relation to your services.
- You are responsible for payment of all taxes and fees (including bank fees) applicable to the Commission. Depending on your jurisdiction, you may be required to provide a tax invoice and further information prior to or upon receiving payments. Identifying, establishing, filing and remitting any such tax, fee, penalty or other payment shall be entirely your responsibility and we offer no advice, guarantees, or information concerning such requirements as may be necessitated by your jurisdiction. All amounts payable by us to you are subject to offset by us against any amounts owed by you to us.
- We have the right to disqualify you from the Program and refuse to pay out Commission at our discretion, particularly in case the Commission has been earned through fraudulent means, misuse of the Link, illegal, overly aggressive or questionable business, in violation of these Terms, contrary to the Documentation, through misuse of the Platform, or by any other means that we deem to breach the spirit of the Program.
- Aside from the Commission, Jibble may introduce other benefits in kind (for example benefits in kind dependent on the volume of Referred Customers), which will be from time to time described in the Documentation or communicated to the Affiliate directly.
Representation and Warranties
- You represent and warrant that you have all sufficient rights and permissions to participate in the Program.
- You are confirming that your participation in this Program will not conflict with any of your existing agreements or arrangements.
- You represent and warrant that you will only act in a legal matter and that you will not infringe on any intellectual property right or act in any deceptive practice when participating in the Program.
- You further represent and warrant that you will ensure that you are compliant with any trade or regulatory requirements that may apply to your participation in the Program (for example, by clearly stating you are an Affiliate of Jibble on any website or on social media where you are making the affiliate link available.
- You shall not engage in any deceptive, misleading, illegal or unethical marketing activities, or activities that otherwise may be detrimental to us, our customers or to the public. You shall not employ spyware, viruses, adware, or similar software, or any other deceptive methods.
- For the purposes of the Program, you shall not conduct any marketing activities by means of spam, unsolicited emails, or any other unsolicited communications.
- You agree not to use the Program to harass, abuse, threaten others, violate intellectual property rights, perpetrate any fraud, engage in any unlawful gambling, publish or distribute any material which incites violence, hate or discrimination towards any group, any sexually explicit material, or to unlawfully gather information about others.
- You shall not create, publish, distribute or permit any written material that makes reference to Jibble beyond what is necessary for the performance of your obligations under the Program without first obtaining our prior written consent.
- You are strictly forbidden from using the Link in order to negatively impact Jibble’s own marketing channels or which is otherwise in conflict with Jibble’s own brand advertising. This shall include, but not be limited to: running paid campaigns using the Link, keyword bidding on search networks using the Link, purchasing ads for Jibble’s websites, or otherwise competing with Jibble for advertising space. Failure to comply with this provision will result in an immediate termination of your participation in the Program.
Copyrights
- Subject to the limitations below, Jibble grants you a non-exclusive, non-transferable, non-sublicensable and revocable right to use our trademark, brand name, and promotional materials in conjunction with the Program and use Jibble’s intellectual property contained therein exclusively in conjunction with identifying Jibble on your websites – to send or display the Link we provide.
- During the term of your participation in the Program, in the event that you use any of our trademarks, logos, or similar intellectual property available to you, you shall only use them in connection with the Program, in accordance with these Terms.
- You cannot advertise or market Jibble with another brand name or as a bundled project. It also means that you cannot allow others to use the content we licensed to you.
- You will immediately comply if we request that you discontinue the use of the Link or any of our trademarks, logos, or similar intellectual property. We reserve the right to deactivate the Link at any time if we reasonably believe that you infringe on the provisions of this section.
- You must not use any of our logos, trademarks, or similar intellectual property in a misleading way, or otherwise in a way that implies we endorse, sponsor or approve of your services, products or content. You are forbidden from using our trademarks, logos, or similar intellectual property in violation of any applicable laws or in connection with obscene, indecent or unlawful topics or materials.
- No license to any software is granted by these Terms. Jibble retains all ownership rights to its Services. We grant you only the rights and licenses expressly stated in these Terms, and you receive no other rights or licenses with respect to us, our services, our trademarks, or any other property or right of ours. These Terms shall in no way limit our right to sell our services directly or indirectly to any of the prospective or current customers.
- You are solely responsible for any content such as text, images and all other forms of data or communication posted on your personal pages. Your website, blog, social media or any other platform through which you distribute the Link must adequately and accurately disclose, either through a dedicated privacy policy or otherwise – how you collect, store, use and disclose the data collected from visitors.
Confidentiality
- The relationship between the Affiliate and Jibble is confidential; meaning that your Commission is confidential and you should not disclose the information about your exact Commission to other parties or Affiliates.
- From time to time, we may share with you some information considered confidential. ‘’Confidential Information’’ means any proprietary information or sensitive information disclosed by us to you, whether oral, written, electronic or otherwise, in connection with these Terms, which may include business plans, financial data, customer lists or data, personal data, technical specifications or any other information marked or reasonably understood to be confidential or explicitly designated by Jibble as confidential.
- Confidential Information does not include any information that: (i) is or becomes generally known to the public without breach of any obligation owed to us or (ii) was known to you prior to its disclosure by us without breach of any obligation to us.
- You shall: (i) protect the confidentiality of your Confidential Information using the same degree of care that you use to protect your own confidential information; (ii) not disclose any Confidential Information to any third party; (iii) not use any Confidential Information for any purpose outside of these Terms.
Terms
- These Terms will apply for as long as you participate in the Program until terminated by Jibble or yourself.
- We reserve the right to terminate your participation at any time by providing you with notice of such termination (to the e-mail account with which you applied to the Program) and with immediate effect, at our sole discretion.
- If there’s any suspicion of breach of these Terms, we may also suspend your participation until we receive sufficient evidence from you that proves otherwise. In such cases, a review might be required prior to reinstatement.
- Upon termination of your participation in the Program, regardless of the reason (whether due to your breach or otherwise), you agree to relinquish any remaining expected future payments that have not been paid out.
- You may terminate your participation at any time on 30 days’ notice to us.
- Jibble is entitled to disable, remove or change the Link at any time.
Indemnification
- You will indemnify and hold us harmless, at your expense, against any third-party claim, suit, action or proceeding brought against us (and our employees, directs, agents, service providers and affiliates) by a third party not affiliated with us to the extent that such action is based upon or arises out of (a) your participation in the Program; (b) our use of the data you provided us with; ( c ) your noncompliance with or breach of these Terms; (d) your use of the Platform and any breach of the terms and conditions of the Platform by you, if applicable.
- We will notify you in writing within thirty days of our becoming aware of any such claim; give you sole control of the defence or settlement of such a claim; and provide you (at your expense) with all information and assistance reasonably requested by you to handle the defence or settlement of the claim. You shall not accept any settlement that imposes an obligation on us, requires us to make an admission or imposes liability not covered by these indemnifications or places restrictions on us without our prior written consent.
Disclaimer
- Jibble shall not be liable for the exclusion of the Affiliates from the Program in case of non-compliance with these Terms, provision of false or inaccurate information, or non-compliance with any laws applicable to the Affiliate or Jibble.
- Jibble will not be liable to you with respect to any failure by you or anyone else to use your Link, nor will it be liable in cases where the Referred Customer is removed incidentally or accidentally, including to the extent that such failure or occurrence may result in any reduction of amounts that would otherwise be paid to you pursuant to these Terms.
- To the maximum extent permitted by law, in no event shall Jibble be liable for any indirect, punitive, or consequential damages, including lost profits or business opportunities.
- If, notwithstanding the other provisions of these Terms, Jibble is determined to have any liability to you, the parties agree that Jibble’s aggregate liability will be limited to the total commission amounts you have actually earned for the Referred Customer transactions in the twelve month period preceding the event giving rise to a claim.
- You acknowledge that the Service (as defined in Jibble Terms & Conditions) (i) has not been designed to meet any specific requirements; (ii) may from time to time suffer interruptions and be occasionally unavailable; (iii) has and will continue to have certain bugs on a case-by-case basis; (iv) should not be relied upon in inherently dangerous circumstances. The Service (as defined in Jibble Terms & Conditions), and anything offered and delivered as a part of the Service is provided on an ‘’as is’’ and ‘’as available’’ basis. We make no representations or warranties about the suitability, reliability, availability or security of our Services.
- Neither Jibble nor the Affiliate will be responsible for failure or delay of performance if caused by: an act of war, hostility, sabotage (electric, internet or telecommunication outage that is not caused by the obligated party), government restrictions, or any other event outside the reasonable control of the obligated party. Both Jibble and the Affiliate will use reasonable efforts to mitigate the effects of the events mentioned above.
Final Provisions
- We may, from time to time, update or replace these Terms, especially if the Program is altered, revised, terminated or becomes part of another programme. If we update or replace the Terms, you will be informed about the changes through the Platform. You will always have the option to terminate the contractual relationship between us, provided that you promptly inform us in writing prior to the new Terms coming into force. If any modification of these Terms is unacceptable to you, your only recourse is to terminate your participation. Your continued participation in the Programme following any modifications constitutes your agreement to such modification.
- Any use of the Service (as defined in Jibble Terms & Conditions), subscription to any paid plans, regardless of the fact if performed under this Programme or not, is subject to Jibble Terms & Conditions.
- Both Jibble and the Affiliate agree that no joint venture, employment or agency relationship exists between you and us as a result of these Terms. If we approve your participation, we consider you an independent service provider. This means you should pay all applicable taxes, make sure you have proper insurance, and not make any statement on our behalf. It also means that we will pay you the sums we agree upon on specific dates. You will not make any statement, whether on your site or otherwise, that would reasonably contradict anything in this clause.
- All claims related to the Program must be sent in writing to Jibble using our e-mail address: partnerships@jibble.io. For a faster response, kindly use your registered Affiliate e-mail address for communication.
- These Terms, in conjunction with the Documentation, constitute an entire agreement between Jibble and the Affiliate for the Program, and supersede all other proposals or agreements, whether electronic, oral or written.
- You may not assign any of your rights under these Terms, including any assignment or transfer by reason of merger, reorganisation, sale of all or substantially all of assets, change of control or operation of law, without our prior consent. We may assign these Terms to any affiliate or subsidiary or in the event of merger, reorganisation, sale of all or substantially all of our assets, change of control or operation of law.
- Participation in the Program requires the processing of personal data by Jibble. By engaging in the Program, you acknowledge that your data will be processed in compliance with the data processing practices outlined in the Jibble Privacy Policy, and the legal basis for the processing is the necessity to fulfil the contractual agreement (Terms).
- These Terms and the Program shall be governed by the laws of England and Wales. Jibble and the Affiliate hereby submit to the exclusive jurisdiction of the English Courts in all matters connected with the obligations and liabilities under these Terms.