Affiliate Programme Terms and Conditions

These Affiliate Programme Terms and Conditions (the “Terms”) govern participation in the affiliate programme (the “Programme”) operated by Linkstackers Limited, a company incorporated under the laws of Gibraltar with company registration number 125276 and registered address at Unit 1-3 Irish Place, Irish Town, GX11 1AA, Gibraltar (the “Company”).

These Terms constitute a legally binding agreement between the Company and any individual or legal entity registering for or participating in the Programme (the “Affiliate”). The Company and the Affiliate are collectively referred to as the “Parties”.

The Programme enables Affiliates to refer potential customers to the Company’s online platform at www.linkstackers.com (the “Platform”) and earn commission on qualifying purchases made by eligible referred customers.

By registering for or participating in the Programme, the Affiliate acknowledges and agrees to be bound by these Terms.

Participation in the Programme is free of charge and subject to the Affiliate providing accurate and complete registration information.

The Affiliate represents and warrants that it is at least eighteen (18) years of age, has the legal capacity to enter into this Agreement and, where acting on behalf of an organisation, has the necessary authority to bind that organisation.

The Company may request additional information reasonably necessary to verify the Affiliate’s identity, payment details, eligibility or compliance with applicable laws.

The Company reserves the right to refuse or suspend participation where the Affiliate fails to meet the eligibility requirements, provides false or misleading information or otherwise breaches these Terms.

Participation in the Programme does not create any entitlement to minimum commission, guaranteed earnings or continued participation.

Upon registration, the Affiliate shall receive a unique referral link or other tracking identifier (the “Referral Link”) for the purpose of identifying customers introduced through the Programme.

A referred customer shall be attributed to the Affiliate where the customer registers for a new account through the Affiliate’s Referral Link or when such registration is recorded by the Company manually and such referral is successfully registered by the Company’s tracking system (a “Referred Customer”).

Commission shall be payable only in respect of new customers who have not previously registered with or purchased Services from the Company.

Self-referrals, duplicate accounts, referrals involving common ownership or control intended to circumvent the Programme rules, and existing customers shall not qualify for commission.

Referral attribution shall be determined using the Company’s tracking records, subject to correction of demonstrable errors. The Company shall not be responsible for attribution failures caused by circumstances beyond its reasonable control, including browser restrictions, disabled tracking technologies or interference by third parties.

The Affiliate shall promptly notify the Company of any suspected tracking error. The Company shall investigate reasonably supported discrepancies and make any necessary adjustments.

Subject to these Terms, the Affiliate shall earn commission equal to six per cent (6%) of the value of qualifying purchases made by each Referred Customer (“Commission”).

Commission shall be calculated on the net amount actually received and retained by the Company for qualifying purchases, excluding applicable taxes, refunded or cancelled amounts, chargebacks, discounts and other amounts not constituting payment for the relevant Services.

The Affiliate shall earn Commission on qualifying purchases made by each Referred Customer during a period of twelve (12) months commencing on the date of that customer’s first qualifying purchase (the “Commission Period”).

Commission shall apply to a maximum aggregate value of EUR 1,000,000 in qualifying purchases per Referred Customer during the applicable Commission Period.

There shall be no limit on the number of eligible customers that an Affiliate may refer. Each Referred Customer shall have an independent Commission Period and purchase cap.

Commission shall become payable only after the Company has received the relevant customer payment and the transaction has been verified as eligible.

Where a qualifying purchase is subsequently cancelled, refunded, reversed, charged back or determined to be fraudulent, the Company may reverse the corresponding Commission and deduct any overpayment from future Commission or recover it directly from the Affiliate.

No Commission shall accrue on purchases made after the expiry of the applicable Commission Period or after the relevant purchase cap has been reached.

The Affiliate may monitor its tracked referrals, qualifying purchases and Commission balance through the affiliate dashboard provided by the Company.

The Affiliate may request payment of accrued and available Commission once its balance reaches a minimum of EUR 250.

Commission payments shall be made by bank transfer to the account designated by the Affiliate. Only one payment request may remain pending at any given time.

The Company shall process valid payment requests within a month, subject to verification of the Affiliate’s identity, payment details, Commission eligibility and compliance with applicable laws.

The Company may temporarily withhold disputed, unverified or potentially fraudulent Commission while conducting a reasonable investigation. The Company shall release any undisputed amounts not subject to a lawful withholding requirement.

The Affiliate is responsible for providing accurate payment and tax information and for all taxes, duties and statutory contributions arising from Commission received under the Programme. The Company may make deductions or withholdings where required by applicable law.

Any receiving bank charges or currency conversion costs imposed by the Affiliate’s payment provider shall be borne by the Affiliate, unless otherwise agreed.

The Affiliate shall promote the Company’s Services lawfully, professionally and in a manner consistent with the Company’s reputation and legitimate business interests.

The Affiliate shall clearly disclose its commercial relationship with the Company wherever required by applicable advertising, consumer protection or marketing laws.

The Affiliate is solely responsible for the content, accuracy and legality of its promotional materials and communications.

The Company may require the Affiliate to amend or discontinue promotional activities that reasonably appear to violate these Terms or applicable law.

The Affiliate acts as an independent contractor. Nothing in these Terms establishes any employment, partnership, joint venture, franchise, fiduciary or agency relationship between the Parties.

The Affiliate has no authority to enter into agreements, assume obligations, make warranties or otherwise bind the Company.

The Affiliate shall bear its own expenses arising from participation in the Programme unless otherwise expressly agreed in writing.

The Affiliate shall not represent that participation in the Programme grants it any exclusive rights or preferential access to the Company’s customers, Platform or Services.

All trademarks, trade names, logos, website content, software and other intellectual property belonging to the Company shall remain its exclusive property or that of its licensors.

The Company grants the Affiliate a limited, non-exclusive, non-transferable and revocable licence to use approved promotional materials and brand assets solely for participation in the Programme and in accordance with any applicable brand guidelines.

The Affiliate shall not modify, reproduce or distribute the Company’s proprietary materials except as expressly permitted.

The Affiliate shall keep confidential all non-public commercial, technical, financial and business information obtained through its participation in the Programme, including non-public referral information, Commission records and business arrangements.

Confidentiality obligations shall not apply to information that is publicly available without breach, independently developed, lawfully obtained from a third party or required to be disclosed by law.

The confidentiality obligations shall survive termination for five (5) years.

Each Party shall comply with applicable data protection and electronic marketing laws in connection with its activities under the Programme.

The Affiliate is responsible for ensuring that any personal data used for its promotional activities has been lawfully collected and processed, including obtaining any necessary consent for marketing communications and tracking technologies.

The Company shall process Affiliate personal data, referral attribution data, payment details and related information in accordance with its Privacy Policy.

The Affiliate shall not use personal data obtained through the Programme for purposes unrelated to its authorised participation or disclose such data to unauthorised third parties.

Nothing in these Terms authorises the Affiliate to access personal data belonging to other customers of the Company except to the extent lawfully made available for the operation of the Programme.

Either Party may terminate the Affiliate’s participation in the Programme by providing fourteen (14) days’ written notice to the other Party.

Upon termination, the Affiliate shall immediately cease using the Referral Link for new promotions and discontinue all unauthorised use of the Company’s trademarks and promotional materials.

Except where termination results from fraud or material breach by the Affiliate, Commission shall continue to accrue on qualifying purchases made by Referred Customers validly attributed before termination, until the expiry of their respective Commission Periods and subject to the applicable purchase caps.

The Company shall settle valid and undisputed Commission following termination. Any remaining balance below the ordinary payment threshold shall be paid as part of the final settlement once all relevant Commission has been verified.

Where termination results from fraud or manipulation, the Company may cancel Commission directly attributable to the prohibited conduct, recover related overpayments and pursue any other remedies available under applicable law.

Termination shall not affect any accrued rights, outstanding obligations or provisions intended to survive termination.

The Company does not guarantee any minimum number of referrals, customer purchases, Commission earnings or other commercial results from participation in the Programme.

Neither Party shall be liable for any indirect, incidental, special or consequential loss, including loss of profits, revenue, business opportunities, anticipated savings, goodwill or reputation.

To the maximum extent permitted by applicable law, the Company’s aggregate liability arising out of or in connection with these Terms shall not exceed the total Commission paid or payable to the Affiliate during the twelve (12) months immediately preceding the event giving rise to the claim.

Nothing in these Terms shall exclude or limit liability for fraud, fraudulent misrepresentation, wilful misconduct or any other liability that cannot lawfully be excluded.

The Affiliate shall indemnify and hold harmless the Company, its affiliates, directors, officers and employees against third-party claims, losses, liabilities and reasonable legal expenses arising from the Affiliate’s unlawful promotional activities, infringement of third-party rights or material breach of these Terms, except to the extent caused by the Company’s own breach, negligence or wilful misconduct.

Amendments. The Company may amend these Terms or the Programme’s commercial conditions from time to time. Material changes, including changes to Commission rates, shall be communicated in advance and shall apply prospectively. Such changes shall not reduce Commission already accrued or alter the agreed Commission Period or rate for existing Referred Customers without the Affiliate’s consent.

Assignment. The Affiliate may not assign or transfer its rights or obligations without the Company’s prior written consent. The Company may assign these Terms to an affiliate or in connection with a corporate restructuring, merger or sale of its business.

Force Majeure. Neither Party shall be liable for failure or delay caused by circumstances beyond its reasonable control, excluding accrued payment obligations.

Severability. If any provision is held invalid or unenforceable, the remaining provisions shall remain in full force and effect.

Waiver. No failure or delay to exercise any right shall constitute a waiver of that right.

Entire Agreement. These Terms constitute the entire agreement between the Parties concerning participation in the Programme. Where the Affiliate separately purchases Services from the Company, such purchases shall be subject to the Company’s customer Terms and Conditions.

Governing Law. These Terms shall be governed by and construed in accordance with the laws of Gibraltar.

Jurisdiction. The courts of Gibraltar shall have exclusive jurisdiction over disputes arising out of or in connection with these Terms, subject to any mandatory rights or protections that cannot lawfully be excluded.