DRAFT SKELETON. Headings and topics only. Every bracketed item is a placeholder for the legal team. Nothing in this draft is a legal statement until legal has reviewed it and the file says
status: published.
1. Parties and scope
These Terms are an agreement between you and [COMPANY LEGAL NAME], [REGISTERED ADDRESS] ("we", "us", "the Company"). The Company operates affy.ink and bffy.link (together, "the Services"). These Terms apply to both Services.
[LEGAL: who may accept these Terms on behalf of a business; how acceptance happens.]
2. Definitions
- Merchant / Advertiser: [LEGAL: definition]
- Affiliate / Influencer: [LEGAL: definition]
- Agency: [LEGAL: definition]
- Client App: [LEGAL: definition]
- Referral Program (campaign): [LEGAL: definition]
- Commission: [LEGAL: definition]
- Platform Fee: [LEGAL: definition]
- Payout: [LEGAL: definition]
3. Accounts
- Eligibility: [LEGAL: minimum age, business status]
- Registration and sign-in: [LEGAL: accurate information, one account per person or business]
- Account security: [LEGAL: responsibility for credentials, API keys and agent tokens]
- Organization accounts and team members: [LEGAL]
- Suspension and termination: [LEGAL]
4. Merchants and advertisers
- Creating referral programs and setting commission terms: [LEGAL]
- Approving affiliates and influencers: [LEGAL]
- Accurate sale and refund reporting: [LEGAL]
- Funding commissions and credits: [LEGAL]
- Merchant content and product claims: [LEGAL]
5. Affiliates and influencers
- Joining referral programs: [LEGAL]
- Promotion rules and disclosure of the affiliate relationship: [LEGAL]
- Use of merchant brand assets: [LEGAL]
- Tax information and identity verification: [LEGAL]
6. Commissions and payouts
- How a commission is earned and when it becomes payable: [LEGAL]
- Holds, reversals and refunds: [LEGAL]
- Payout methods and minimum amounts: [LEGAL: methods and amounts to be filled from the product settings, not invented here]
- Currency and fees charged by payout providers: [LEGAL]
- Taxes: [LEGAL]
7. Platform fee
- The Company keeps a platform fee as a share of each commission, as set out in [LEGAL: link to the pricing page or plan terms].
- Changes to the platform fee: [LEGAL: notice period]
8. Tracking and cookies
- How referrals are tracked (links, referral codes, sub-IDs): [LEGAL]
- Cookies and attribution windows: [LEGAL: refer to the Privacy Policy]
- Disputes about tracking: [LEGAL]
9. Prohibited conduct
[LEGAL: list, e.g. misleading advertising, spam, cookie stuffing, self-referrals, trademark bidding where not allowed, unlawful content.]
10. Fraud and guardrails
- Fraud detection and review: [LEGAL]
- Withholding or reversing commissions for fraud: [LEGAL]
- Account actions after fraud: [LEGAL]
11. Fees, credits and billing
[LEGAL: paid plans, credits, invoices, refunds of fees.]
12. Intellectual property
[LEGAL]
13. Third-party services
[LEGAL: affiliate networks, payment and payout providers, sign-in provider; their own terms apply.]
14. Disclaimers and limitation of liability
[LEGAL]
15. Indemnification
[LEGAL]
16. Changes to these Terms
[LEGAL: how users are told about changes; which version applies.]
17. Governing law and disputes
These Terms are governed by [GOVERNING LAW]. [LEGAL: venue and dispute resolution.]
18. Contact
[COMPANY LEGAL NAME], [REGISTERED ADDRESS], [CONTACT EMAIL]