TERMS AND CONDITIONS FOR THE AFFILIATE PROGRAM
This agreement describes the terms and conditions for participation in the Fun Factory affiliate program. In this agreement, the term "Affiliate" refers to you (the applicant). In this agreement, Fun Factory refers to the product owner and publisher (FUN FACTORY GmbH).
The Fun Factory affiliate program administered in part through a 3rd party affiliate management company called Post Affiliate Pro (https://www.postaffiliatepro.com).
By filling out the signup form, you agree to become an affiliate and are bound by the terms of this agreement.
NOTE: This is an invite-only program, please be in contact with Fun Factory before proceeding with your application. If you were not invited by an employee of Fun Factory, your application will not be approved.
1. Joining Our Affiliate Program
(1) Eligible to participate are persons aged 18 and over who operate a legal website and are domain holders.
(2) The website you register with must be operational.
(3) Websites with excessive ads, malicious software, or undesirable content will not be accepted into the FUN FACTORY affiliate program.
(4) FUN FACTORY reserves the right to reject an affiliate application at any time.
(5) By completing the application you shall provide accurate, reliable, and complete information; you may not use deceptive information or impersonate another person.
2. Obligations of the partner
(1) You are responsible for keeping your login information private and confidential and will contact FUN FACTORY upon any known or suspected unauthorized use of your account.
(2) Fun Factory provides its Affiliates with a selection of web banners and links that create a clearly recognizable link from its website to the Fun Factory website.
(3) The correct technical integration is the responsibility of the partner. Unauthorized modification of the advertising banners is expressly prohibited.
(4) The users of the partner site must actively click; forced clicks are not permitted.
(5) The partner is obliged to provide the correct information on the payment method.
(6) The partner agrees not to disclose any confidential information pertaining to the company’s goods or services nor that of prospective or existing customers to any third party.
3. Usage of Affiliate Links
Links can be used across social media, blogs, articles, and reviews, etc. As an affiliate member, you may place and remove funfactory.com links at your discretion. However, in order to solicit sales, the affiliate shall not make promises or issue any warranty either expressed or implied pertaining to the goods or services offered by FUN FACTORY unless authorized in writing to do so. The affiliate may make use of FUN FACTORY trademarks for the sole purpose of promoting its goods or services. Any such use shall be in accordance with the company’s trademark policies. It is expressly understood that this referral agreement does not grant the affiliate any interest in the company’s trademarks or any other intellectual property rights. Links may not be placed on sites not under the ownership of the affiliate including newsgroups, unsolicited emails, banner networks, counters, chatrooms, or guestbooks/comment forums. Affiliates may not use affiliate links in advertising featuring the Fun Factory brand. Link placement must not be misleading and must be done with the intention of delivering valid sales to Fun Factory. Fun Factory reserves the right to deem any site inappropriate and terminate affiliate links at its sole discretion.
4. Revisit & Last Cookie Wins
(1) A user who reaches the Fun Factory website via a partner remains assigned to the respective partner by cookies for 30 days. The 30-day period is restarted each time a user visits the Fun Factory website.
(2) If the user of a partner page finds their way through another partner page to the FUN FACTORY website, the "First cookie wins model" applies, i.e. regardless of whether the visitor reaches the target page of the advertising medium via other affiliate pages at a later point, only the first cookie set counts. The affiliate who first drew the user's attention to the brand receives the commission.
5. Payment Terms
FUN FACTORY affiliate partners earn a 20% net value commission from approved and valid orders placed as a direct result of the use of unique affiliate links. Purchases must be made on funfactory.com or us.funfactory.com. Net value shall exclude tax, postage and handling, insurance, and any other expense not related to product, including refunds and payments not honored by a financial institution. Subsequent sales of goods or services to the referred customer shall not be subject to a referral fee except where such subsequent purchase is the direct result of using another referral link. Payment to affiliate partners will take place monthly by PayPal or bank transfer once the payment minimum of 50€ has been surpassed. If 50€ of referral total is not met in a calendar month, the total will be carried over into the following month indefinitely until the 50€ minimum is met. This payout amount may change at any time, Fun Factory will notify affiliate program members of any changes. Money credited does not accrue interest. In the event of a customer Chargeback, Fun Factory may recover the corresponding commission previously credited to the associated affiliate account. In the event of insufficient balance, the Chargeback commission will be deducted against future earnings.
6. Revocation of Affiliate Status
(1) Your affiliate application and status in the program may be suspended or terminated for any of the following reasons:
1. Tampering with affiliate results
2. Creating or facilitating false or fraudulent orders
3. Spreading false or harmful information
4. Use of malware, spyware, other similar software
5. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination and referral to the appropriate law enforcement agencies
6. Any action that may harm the Fun Factory brand
(2)Either party may terminate this referral agreement at any time by giving the other party ten days prior written notice. Upon termination by either party all outstanding referral fees due to the agent at that time shall be settled in full within thirty days.
7. Relationship of Parties
The relationship between the parties Shall be at all times that of independent contractors. No employment, legal partnership, or joint venture relationship is formed by this referral agreement. The independent agent shall not enter into any agreements nor incur any expenses on behalf of the Company.
8. Copyright Ownership
Affiliate program members are granted non-exclusive, limited and revocable right to use Fun Factory trademarks and banners. All intellectual property rights, including trademarks, copyrights, patent rights or applications, trade names and service marks provided by Fun Factory shall remain the sole property of Fun Factory. Fun Factory may terminate affiliate use of marks if Fun Factory believes use dilutes, tarnishes or depletes the value of the Fun Factory brand. Use of marks denotes agreement to only be used in a manner that is to the benefit of Fun Factory.
9. Data protection regulations
(2) Fun Factory will collect and use personal data of the affiliate exclusively within the scope of the contract purpose. The purpose of storing this data is to measure success and to process commission payments.
(3) The data will be deleted as soon as it is no longer necessary for the purpose of its collection.
(4) Fun Factory will treat all information provided by the affiliate as strictly confidential.
(5) The personal data processed is the data you provide to Fun Factory upon registration.
(6) Data processing takes place at the affiliates request and for the performance of the contract. The legal basis for data processing is Art. 6 para. 1 (1) lit. b GDPR.
We may modify any of the terms and conditions within this agreement at any time and at our sole discretion. These modifications may include fee schedules, payment procedures and Affiliate Program rules, but not limited to changes in the scope of available referral fees. If any of the modifications are UNACCEPTABLE TO YOU, your only recourse is to terminate this agreement. If you CONTINUE PARTICIPATION IN THE PROGRAM, it will be considered as your acceptance of the change.