1. Affiliate shall receive a Commission payment from Sweeply,
which shall be calculated in accordance with the Rules applicable under the relevant
Advertising Program the Affiliate will choose to participate in and provide advertising and
promotional services for. Each Advertising Program has different sets of Rules and the
Commission calculation in connection to Successful Actions or otherwise, shall differ from
one program to another.
2. In each case, the Commission payout shall be determined by
the type of Successful Action and the applicable rate as shall both be set in respective
Rules and which shall be in effect at the time of performing any actions. Sweeply reserves
the right to change any rates but any revised rates shall not be applicable to already
performed Successful Actions.
3. Affiliate undertakes and warrants to Sweeply that it will at
all times be familiar and updated with the terms and conditions of the Rules, including but
not limited to the applicable rates and Successful Actions.
4. Applying for participation in any Sweeply Advertising Program
shall be construed as an unequivocal acceptance of the Rules.
5. The currency of the Sweeply Account shall be designated in USD
and any Commission payouts shall be calculated and appear in USD.
6. Commission payments shall be made by Sweeply to the Affiliate.
There will be no obligation of payment directly by any Advertiser. Commission payouts shall
be made by Sweeply to the Affiliate through any payment method indicated by the Affiliate in
its Sweeply Account and/or by way of any type of instrument/currency of equivalent USD value
upon conversion (Payment Method).
7. Sweeply shall be able, upon its sole discretion and as it
deems fit from time to time, to opt for any payment method for the settlement of any Affiliate
Commission. Affiliate irrevocably accepts the use of any Payment Method by Sweeply and such
acceptance is signified by the provision of relevant Payment Details. Payments made to the
Affiliate by Sweeply and/or by any third party company engaged and instructed by Sweeply,
by way of any Payment Method and based on the Payment Details shall constitute full and
unequivocal satisfaction of the obligations of the Sweeply in terms of payment of any
8. For any payments in EUR, the exchange rate between USD and
EUR shall be equal to the most recent EUR/USD reference rate available by the European Central
Bank at the time of processing the payment.
9. The Affiliate shall submit with Sweeply accurate, up-to-date
and valid payment details. The Affiliate exclusively bears the responsibility to inform
Sweeply in case of any changes that affect any payment. Sweeply shall not bear in
responsibility or obligation to verify any payment details upon any payment occurrence.
10. The Comission shall be paid on the following terms:
- Within 7 days after the end of the first half of relevant calendar month for such half of relevant calendar month
- Within 7 days after the end of relevant calendar month for the second half of relevant calendar month
11. The Affiliate hereby irrevocably accepts and agrees that any
Commission shall be deemed as settled and discharge Sweeply of its obligations in relation to
any such payment, if performed in accordance with this section, either directly by Sweeply or
by any third party designated by Sweeply upon its sole discretion.
12. Sweeply shall not be liable to pay and/or reimburse the Affiliate
for any costs incurred for bank transfer expenses and/or for the use or purchase of third-party
services or programs not provided by Sweeply, but required in order to participate in the Sweeply
Advertiser Network and/or in order to perform any services under any Advertising Program.
13. Each party is solely and separately responsible for the
payment and reporting its own taxes in any relevant jurisdiction. If payments are subject
to withholding tax, Sweeply shall be entitled to deduct the corresponding tax amount from
the Commission and provide proof of such obligation upon request by the Affiliate.
14. The Affiliate shall immediately repay any amounts paid to
him in error, excess or in any way other than in accordance with this agreement.
15. Sweeply shall have the right in its absolute discretion to
withhold, set-off and/or deduct any amounts from any Commission and/or payment due to the
Affiliate against any amounts due by the Affiliate to Sweeply.
16. Sweeply shall have the right to suspend any payments to the
Affiliate in the event there are reasonable grounds to believe that an Affiliate has or will
imminently breach any term of the Terms and/or the quality of the traffics not to the
17. The Affiliate is eligible to receive commission payments from
Sweeply for the services performed in accordance with the applicable Rules of the specific
Advertising Program for which services are provided. The calculation and eligibility criteria
for Commission payouts for the Affiliate (Successful Actions) are defined in the Rules of
each Advertising Program.
18. Sweeply will track and log all Successful Actions and instances
of Fraudulent Activity using Tracking Links and its online tracking system. The tracking
system may be operated by Sweeply and/or a third-party tracking system engaged by Sweeply
(Tracking System). The Commission will be calculated based on the results of the Tracking
System, and Sweeply will provide this information to the Affiliate through the Sweeply Account.
The determination of whether an action qualifies as a Successful Action is always subject to
the Rules of each Advertising Program.
19. Advertiser acknowledges, agrees, and confirms that it accepts
and will accept, at all times, the results produced by the Tracking System as final. Affiliate
hereby waives its right to challenge such results in any way, at any time, for any service
provided under the Advertising Program and respective Rules.