This is an agreement between you or the entity that you represent (hereinafter “You” or “Customer”) and Red Earth Ltd- C 91772 (hereinafter “Affcollect” or “Service”) governing the use of Affcollect – Affiliate Tracking and its services.

This Agreement consists of the following terms and conditions (hereinafter the “Terms”).

Affcollect reserves the right to update and change these Terms of Use without notice. Any new features that augment or enhance the current Service, shall be subject to the Terms of Use. Continued usage of Affcollect after any of such changes shall constitute your consent to such changes thus it is advisable that you visit these terms on a frequent basis.

Basic Terms:

  1. Every customer must be 18 years or older in order to use Affcollect.
  2. Signups by “bots” or other automated methods and/or tools are not allowed.
  3. During signup, the customer needs to provide his full legal and business name, a valid email address, and any other information requested during the signup process.
  4. Customer will identify an administrative username and secure password for his Affcollect platform.
  5. Customer is responsible for all content and activity that occurs under his account or any other accounts within his platform.
  6. Violation of any of these terms can result in termination or restriction of the Account.
  7. Customer agrees to use the Service at his own risk.

Trial Period

Affcollect provides you with a 30 day trial period

  1. The trial period consists of free onboarding without any related charges.
  2. The evaluation trial is restricted to non-productive evaluation use only.
  3. Within the trial, customer may terminate this agreement and all of its rights hereunder by providing affcollect written notice thereof not less than 1 day prior to the end of the trial.
  4. Customer will not be charged and the subscription will be suspended until upgraded to a paid version at the end of the free trial.
  5. Trial period is limited to one time per customer and/or entity.

Payment & Fees

  1. Payments will be processed by only via Bank Transfer
  2. Your affcollect Account will be billed upfront on a monthly base, starting from the signup date till the same date of the next month. (example: signup at the 8th means the billing period goes till 8th of the next month or
  3. Your affcollect Account will be billed upfront on an annual basis, starting from the signup date till the same date of the next year.
  4. Point 2 and 3 are dependant on the subscription package you purchase.
  5. All fees are exclusive of all taxes, levies, or duties imposed by tax authorities and customer shall be responsible for payment of all such taxes, levies, or duties.
  6. Affcollect does not provide any refunds or credits.

Termination

  1. Customer can cancel his account at any time.
  2. After cancellation takes effect, customer will no longer have access to the platform nor the data therein.
  3. If you cancel the Service before the end of your current paid month, your cancellation will take effect at the end of the current billing period and you will not be charged again.
  4. Affcollect has the right to suspend or terminate your account and refuse any or all current or future usage of the Service, if these terms are breached. Such termination of the Service will result in the deactivation or deletion of your account or your access to your account and all content in it. Affcollect reserves the right to refuse service to anyone for any reason at any time.

Service & Pricing Modifications

  1. Affcollect reserves the right at any time to modify the Service (or part of it) with or without notice.
  2. Prices of all Affcollect services, including but not limited to monthly subscription fees, are subject to change upon 14 days notice from us. Such notice may be provided at any time by posting the changes to the Affcollect Website or informing customer by writing.
  3. Affcollect shall not be liable to customer or to any third party for any modification, price change, suspension or discontinuance of the Service.

Confidentiality & Proprietary Rights

  1. Customer shall own all rights, title and interest in and to the customer data & Content, as well as any data that is based on or derived from the customer data and provided to customer as part of the services.
  2. Service shall own and retain all right, title and interest in and to the services and software, all improvements, enhancements or modifications thereto, any software, applications, inventions or other technology developed in connection with Implementation services or support, and all intellectual property rights related to any of the foregoing.
  3. Notwithstanding anything to the contrary, Affcollect shall have the right to collect and analyse data and other information relating to any services provided.
  4. Service will be free during and after the term hereof to use such information and data to improve and enhance the services and for other development, diagnostic and corrective purposes in connection with the Services and other company offerings, and disclose such data solely in aggregate or other de-identified form in connection with its business. No rights or licenses are granted except as expressly set forth herein.
  5. This is the grant of a license, not a transfer of title, and under this license, you may not:
  1. modify or copy the materials;
  2. use the materials for any commercial purpose or for any public display (commercial or non-commercial);
  3. attempt to decompile or reverse engineer any software contained on Affcollect’s website;
  4. remove any copyright or other proprietary notations from the materials; or
  5. transfer the materials to another person or “mirror” the materials on any other server.
  6. This license shall automatically terminate if you violate any of these restrictions and may be terminated by Affcollect at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.

Customer Data Security

Affcollect is responsible for protecting the security of customer data in our possession. We will maintain commercially reasonable administrative, technical, and physical procedures to protect customer data and personal data stored in our servers from unauthorised access, accidental loss, modification, or breach.

However, no security system is impenetrable, and we cannot guarantee that unauthorised parties will never be able to defeat our security measures or misuse any data in our possession.

You provide customer data and personal data to affcollect with the understanding that any security measures we provide may not be appropriate or adequate for your business, and you agree to implement any additional controls that meet your specific requirements.

General Conditions

  1. The service is provided on an “as is” and “as available” basis.
  2. Technical support is provided to all customers and is available via email as specified within the subscription plan chosen by the customer.
  3. We may, but have no obligation to, remove content and accounts containing content that we determine in our sole discretion are unlawful, obscene, offensive, libelous, defamatory, threatening or otherwise objectionable or violating any party’s intellectual property or these Terms of Use.
  4. Any information processed by Affcollect, uploaded to Affcollect or retrieved from Affcollect, Affcollect -related domains and E-mails shall not contain any material that facilitate or promote illegal, deceptive, or fraudulent activity, or contain content that is illegal, is likely to generate liability for Affcollect or negatively affect Affcollect’s reputation, infringe upon or violate any right of any third party, including, without limitation, any intellectual property, privacy, or publicity rights, use the Platform Services to target advertisements to children under the age of 16 years in the EU, contain or concern mass mailings or any form of ineligible advertisement or spam.
  5. Depending on your account setup, you understand that the technical processing and transmission of Affcollect and your account, including your content, may be transferred unencrypted and involve transmissions over various networks; and changes to conform and adapt to technical requirements of connecting networks or devices.
  6. You expressly understand and agree, that Affcollect shall not be liable for any indirect, direct, special, incidental, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses, resulting from the use or the inability to use the service, the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; unauthorized access to or alteration of your transmissions or data; statements or conduct of any third party on the service; or any other matter relating to the service. Notwithstanding anything to the contrary contained herein, our liability to you for any cause whatsoever and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to us during the six (6) month period prior to any cause of action arising.
  7. The failure of Affcollect to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. The Terms of Use constitute the entire agreement between you and Affcollect and govern your use of the Service, superseding any prior agreements between you and Affcollect (including, but not limited to, any prior versions of the Terms of Service).
  8. The Parties agree that the Courts of Malta are to have exclusive authority for the purpose of hearing and determining any suit, action, or proceeding and/or to settle any disputes arising out of or in any way related to this Agreement or its formation or validity (Proceedings) and for the purpose of enforcement of any judgment against its property or assets.
  9. This Agreement shall be governed by the laws of the Malta without regard to its conflict of laws provisions.
  10. Nothing in these terms is to be construed as constituting a partnership, joint venture, employment, or agency relationship between you and us, or between you and any other subscriber or invited user.