Publisher agreement

Adtraction Marketing AB and its subsidiaries (”Adtraction”) provides a service through which advertisers (”Advertisers”) are offered advertising space with interested business partners (”Publishers”). The service enables Publishers to receive compensation for providing space on their websites or other internet marketing channels for one or several links, or similar functions, to the Advertisers’ websites.

To use the service, you must accept the terms and conditions of this publisher agreement (the ”Publisher agreement”) and be approved by Adtraction and the Advertiser for the Publisher program to which you would like to subscribe. If you are approved as a Publisher, you will be notified of this via Adtraction’s website www.adtraction.com and/or by e-mail.

This Publisher agreement is between Adtraction Marketing AB, Corp. Reg. No. 556722-5064 and you, designated below as the ”Publisher”.

Adtraction’s service

Adtraction’s service enables the Publisher to provide space on their websites, or other internet marketing channels, for links and advertisements for the websites that have a Publisher program registered with Adtraction. The Publisher is also entitled to purchase keywords within the framework of certain search engines’ pay-per-click programs (Google AdWords, for example) for some Publisher programs that expressly permit this.

At any given time, a Publisher program can be changed or terminated with immediate effect. A Publisher undertakes to adhere to the terms and conditions for Publisher programs for which the Publisher is approved as Publisher and is responsible for knowing if such Publisher programs have ended or if their terms and conditions have been amended. Information about compensation and other terms and conditions are available at www.adtraction.com.

Adtraction is always entitled to change or, in full or in part, terminate its service at any given time and with immediate effect. The Publisher will be informed of such actions by e-mail or via Adtraction’s website www.adtraction.com.

Adtraction is entitled to amend this Publisher agreement at any given time with immediate effect. The Publisher will be informed of such amendments by e-mail or via Adtraction’s website www.adtraction.com. If the Publisher does not accept the amendment, the Publisher must cease using Adtraction’s service with immediate effect.

Definitions

The following definitions apply in this Publisher agreement:

Advertiser’s website is the website for which the Publisher provides space on the Publisher’s channel in the form of a link or similar function, and is the website or websites covered by a Publisher program registered with Adtraction.

Artificial Traffic pertains to illegitimate Clicks, Leads and Transactions and pertains to traffic from web spiders, robots, automatic popups, challenges in e-mails and chats, the attachment of links to websites other than those that are approved, clicks that do not derive from a browser, clicks that are not preceded by an active action by Visitors and so forth.

Visitor is a physical person who clicks on a link or similar service located on the Publisher’s channel and is thus directed to an Advertiser’s website.

Click is a click by a Visitor to a link or similar service on the Publisher’s channel that leads to the Advertiser’s website being displayed.

Lead is an active action, such as entering a name and contact details on an Advertiser’s website that is conducted by a Visitor who is linked to said website via the Publisher’s channel.

Publisher program is a commission program registered with Adtraction to which the Publisher can subscribe.

Publisher’s channel is the website or similar function (including e-mail and certain third party websites such as Google.com and Facebook.com) on which the Publisher provides space in the form of a link or advertisement.

Traffic pertains to valid Clicks, Leads and Transactions.

Transaction is the completed purchase of goods, services or other products provided on an Advertiser’s website that is carried out by, and approved by, a Visitor directed via the Publisher’s channel.

Intellectual property rights

Adtraction owns all copyrights and usufruct for Adtraction’s service and all software associated with the service. Under this Publisher agreement, the Publisher does not acquire any copyrights or licenses concerning the service or the software necessary for said service, but is instead only entitled to use Adtraction’s service under the conditions stipulated in this Publisher agreement.

Adtraction, or a third party that has specifically reserved this right, retains the right of ownership, copyright and other intellectual property rights to the information on Adtraction’s website. All rights are reserved in all countries. The publication, reproduction, transfer or storage of all or part of the content on Adtraction’s website without the express consent of the owner of the right is forbidden, with the exception of storage on a computer or printed version for personal use. The contents of Adtraction’s website may be cited insofar as it is permitted under the applicable copyright legislation. When used for this purpose, the source must clearly be stated. However, the brand and logos appearing on Adtraction’s website may not be reproduced, published or distributed without the consent of the holder of the right.

Publisher’s obligations

The Publisher is responsible for ensuring that the registration information and passwords are and remain confidential. The Publisher is responsible for all forms of use within the framework of its registration. The Publisher must also immediately inform Adtraction of any unauthorized use of the Publisher’s account or details. The Publisher guarantees that the details submitted to Adtraction are complete and correct, and that the details correspond with the factual situation. The Publisher is obligated to immediately report any updates concerning the details submitted to Adtraction.

The Publisher bears responsibility for the Publisher’s channel and for ensuring that the content on this channel always complies with the prevailing laws and provisions. The Publisher undertakes to comply with the applicable EU and national legislation and provisions. The Publisher undertakes not to use Adtraction’s service if the content on the Publisher’s channel is in any way demeaning, offensive, threatening or of a pornographic nature.

Publishers who are physical persons must be over the age of 18.

The Publisher guarantees that the rights to all content on the Publisher’s channel are held by the Publisher, or that express consent has been given by the party that owns the right to the content, or that the Publisher holds the right to publish marketing material and Links on marketing channels owned by a third party. The Publisher also guarantees that no content on the Publisher’s channel has or will infringe the rights of any physical person or legal entity, including intellectual property rights.

The Publisher may not in any way generate or aid in the generation of Artificial Traffic for the Advertiser’s website.

The Publisher is obligated to immediately inform Adtraction of any knowledge or suspicions of abuse of Adtraction’s service.

The Publisher must at all times have a privacy policy and inform Visitors about the use of third party cookies and personal data by posting a link to the Publishers privacy policy. Subject to applicable data protection legislation, including the EU General Data Protection Regulation (EU) 2016/679) (”GDPR”), the Publisher must have a legal basis to process such data e.g. by obtaining Visitors consent (article 6 in the GDPR). The Publisher must also inform Visitors about the possible transfer of their personal data from an EEA country to third countries and have a legal basis for such transfer of personal data. The Publisher’s Privacy Policy must contain information about the Publisher’s affiliate marketing activites.

The Publisher undertakes to follow the rules set out in the Consolidated ICC Code of Advertising and Marketing Communication Practice. The Publisher shall mark all posts on blogs and social media with the following:

1) When a part of the post on a blog or social media contains hyperlinks from Adtraction that direct traffic to an advertiser’s website, the post must be marked at the top of the post that ”the post contains commercial via ad links to [insert company name(s)]”

2) When the whole post is dedicated to a certain advertiser, the post shall be marked at the top with the following: ”The post contains commercial for [insert company name] via ad links”.

Adtraction’s obligations and responsibility

Within the framework of Adtraction’s service, Adtraction undertakes to monitor and register Traffic that is directed via the Publisher’s channel to the Advertiser’s website.

Adtraction’s service is provided in its existing condition.

Adtraction is in no way responsible for any damages that the Publisher may experience due to Adtraction’s service or due to the use of said service. Nor is Adtraction responsible for any faults in the service or disruptions in the availability of the service. Information on Adtraction’s website is used at the Publisher’s own risk. Adtraction is under no circumstances responsible for any direct or indirect damage, costs, losses or claims that may arise in conjunction with the use of Adtraction’s website.

Adtraction is not responsible for Advertisers with Publisher programs registered with Adtraction fulfilling their obligations under these Publisher programs, including paying compensation to Adtraction. Adtraction is not responsible for imposing any requirements on Advertisers in the event that the Advertisers fail to pay compensation to Adtraction or otherwise fail to meet the obligations under the Publisher program. Nor is Adtraction in any way responsible for agreements that are reached directly between the Publisher and Advertisers that have Publisher programs registered with Adtraction.

Publisher’s Compensation

Adtraction’s website lists the prevailing terms and conditions at any given time for Publisher’s compensation for each Publisher program. The Publisher is aware of and accepts that a Publisher program can be amended or terminated with immediate effect at any given time. The terms and conditions of the Publisher’s compensation can also be amended with immediate effect at any given time.

Accrued compensation to the Publisher is paid on a monthly basis provided that the Publisher has generated Traffic for which Adtraction has received full compensation from each Advertiser to whose Publisher programs the Publisher has subscribed. No compensation is paid to the Publisher for Artificial Traffic that is generated to Advertisers’ websites. The Publisher is obligated to reimburse compensation that was received by the Publisher to the extent that it was based on Artificial Traffic that was generated to the Advertiser’s website.

Compensation is only paid if the Publisher has an accrued amount with Adtraction that equals the minimum payment limit one month prior to the payment date. Lesser amounts are accumulated until the amount equals the minimum payment limit. The minimum payment limits for different currencies can be obtained by sending an e-mail to support@adtraction.com. Adtraction reserves the right to change the minimum payment limit at any given time. Payments of compensation to the Publishers are made to an account specified by the Publisher.

For physical persons taxable in Sweden the following appplies; Adtraction will send a statement of earnings to the Swedish Tax Agency concerning the amounts paid. Tax adjustments (in Swedish skattejämkning) cannot be made for compensation. Adtraction undertakes to make deductions for withholding tax and social security fees if the Publisher is a physical person. Compensation for physical persons taxable in Sweden will only be paid to Swedish bank accounts.

For companies and physical persons taxable in other countries than Sweden the following applies; Publishers who are not taxable in Sweden are responsible for the payment of all tax and national insurance payable on any payments received from Adtraction.

If the Publisher’s circumstances change, the Publisher is obligated to report this immediately to Adtraction on Adtraction’s website.

Adtraction applies a Last-Click Attribution model. This means that the ”last click” is given credit for a sale or conversion. In practice, this means that if a visitor clicks on a link to an Advertisers’ website provided by Publisher A and subsequently clicks on a link to the same Advertiser provided by Publisher B, Publisher B will earn commission and Publisher A will not earn any commission. Some Advertisers also use other deduplication set ups and tools, which may mean that the Last Click Model is applied across many or all traffic sources.

This Publisher agreement does not entail the existence of any form of employment agreement between Adtraction and the Publisher. The Publisher is not entitled to any compensation other than the compensation paid at any given time within the framework of the Publisher program.

Publisher agreement’s period of validity

This Publisher agreement is valid as of the date on which you have been approved as a Publisher until the Publisher agreement is terminated or nullified in writing (via e-mail or other electronic message). The Publisher and Adtraction are entitled to terminate this Publisher agreement with immediate effect at any given time, whereupon the Publisher must cease using Adtraction’s service. In the event of termination of this Publisher agreement, any accrued compensation must be paid to the Publisher provided that Adtraction has received full compensation from each Advertiser to whose Publisher program the Publisher has subscribed, unless otherwise specified below.

Adtraction is entitled to nullify this Publisher agreement and block the Publisher from using Adtraction’s services or certain Advertiser’s Publisher programs in the event that the Publisher breaches this Publisher agreement or in the event that Adtraction deems the content on the Publisher’s channel or the behavior of the Publisher to be inappropriate. In the event of nullification, the Publisher agreement immediately terminates and becomes null and void and no compensation is paid to the Publisher for the Publisher program(s) at issue.

When the Publisher agreement becomes null and void, the Publisher is no longer entitled to use Adtraction’s service.

Damage claims

The Publisher must protect Adtraction from damage claims or other claims for compensation that may be directed toward Adtraction due to the content on the Publisher’s channel, including claims that content on the Publisher’s channel infringes on the rights of others. Furthermore, the Publisher must protect and hold Adtraction harmless from any other damage that may be inflicted on Adtraction due a Publisher’s breach of the Publisher agreement, unauthorized use of or influence on the service, technical problems or loss of data caused by the Publisher, and due to the details submitted to Adtraction by the Publisher being incorrect.

Transfer

The Publisher may not transfer this agreement in any form without Adtraction’s written consent. The Publisher allows the details submitted by the Publisher to Adtraction about the channel, contact information, etc., to be transferred to another party by Adtraction.

Personal data policy

Each party shall ensure that the party’s processing of personal data is in accordance with all national and international rules of data protection that is applicable during this Publisher agreement’s validity time. The commitment includes the GDPR which will be directly applicable and take effect on 25 May 2018. Until the GDPR takes effect, the parties shall follow applicable data protection legislation in the country where they operate (in Sweden the Swedish Personal Data Act (1998:204) applies).

The Parties have entered into a Personal Data Processing Agreement, Exhibit 1 and two Data Processing Agreements, Exhibit 2. and Exhibit 3.

Cookies

Adtraction uses cookies. A cookie is a data file that is stored on your computer. The cookie does not contain any personal information, nor is any association made between such information and a visitor’s identity.

By changing the settings in the web browser, you can avoid receiving cookies. However, this may cause Adtraction’s website to work poorly. The procedure for disabling cookies depends on what web browser you use. Read more under the ”Help” tab, or similar function, in your web browser for instructions.

E-mail notifications

By accepting this Publisher Agreement you also accept that Adtraction will send e-mail messages to you.

E-mail messages are sent from Adtraction.com. You can select which types of notifications you want to receive under ”Account > Notifications” in your Adtraction account.

If you do not want to receive notifications of a certain type, you can also unsubscribe from those notifications via the e-mail sent to you.

Linking, etc.

If Adtraction provides links to the websites of third parties, this does not correspond to a recommendation by or a guarantee from Adtraction concerning the services and products that are provided on or via such websites. All use of such links is done at the user’s risk and Adtraction is not responsible for the content on, use of or access to such websites. Adtraction has not verified the truth, accuracy, reasonableness, plausibility or completeness of the content on such websites.

General rules for e-mail marketing

Some Advertisers allow e-mail marketing under the terms of their Publisher programs. Publishers may only engage in e-mail marketing if the Program description for the Advertiser in question explicitly states that e-mail marketing is allowed. Adtraction always requires a so called pre-view of an e-mail intended for e-mail marketing. This means that Adtraction gets the opportunity to review and subsequently approve or reject an e-mail intended for e-mail marketing. The only exception to this rule is if the Publisher program description explicitly states that a pre-view is not required.

If an e-mail is sent without an approved preview, for any Publisher program that requires pre-view, no commission will be paid to the Publisher.

All recipients of the Publisher’s e-mail marketing must have actively approved to receive e-mail with offers from the Publisher through a so called opt-in process (meaning that the recipient approves the terms of the collection of the information and subsequent e-mail marketing activities). All e-mail addresses used for e-mail marketing via Adtraction must be collected through a GDPR compliant opt-in process. E-mail addresses collected through an opt-in process which is not GDPR compliant may not be used for e-mail marketing via Adtraction.

Further, the recipient must be able to cancel the e-mail subscription.

All e-mail messages that market Adtraction’s Advertisers must be in a stand-alone format, and not be combined with other advertisers (unless this is explicitly allowed in the Program description).

Each e-mail must contain information regarding the sender of the e-mail and information regarding why the recipient has received the e-mail. For example, ”This e-mail is sent by Corporation X. You have received this e-mail because you have agreed to receive e-mail from us.”

Adtraction reserves the right to immediately end the cooperation with any Publisher who violates the terms of this Publisher agreement.

Other

If any stipulation in this Publisher agreement or element thereof were to be invalid, this does not mean that the Publisher agreement is invalid in its entirety, but rather that a reasonable adjustment must be made insofar as the invalid element has a significant impact on the party’s benefit from or performance under the Publisher agreement.

Adtraction bears no responsibility for whether Adtraction’s services or Adtraction’s website are permitted in countries other than Sweden. If the Publisher is connected to Adtraction’s service from a country other than Sweden, or if the Publisher’s channel is based on a server in a country other than Sweden, the Publisher alone is responsible for ensuring that the use of the service complies with the laws of said country.

This Publisher agreement shall be governed by the substantive law of Sweden. Any dispute, controversy or claim arising out of or in connection with this Publisher agreement, or the breach, termination or invalidity thereof, shall be settled by general courts in Sweden, with Stockholm District Court as court of first instance.

By registering for a Publisher program, you are accepting the terms and conditions in this Publisher agreement and its exhibits.