In these Terms & Conditions “Goalscape Software” and “we” refer to Goalscape Software GmbH of Esmarchstrasse 51, 24105 Kiel, Germany. “The software” refers to the Goalscape visual goal management software developed and marketed by Goalscape Software. “The Program” refers to Goalscape Software’s Affiliate Program. “Affiliate” and “you” refer to affiliates approved under the Program.
The Program rewards affiliates for promoting the software, bringing it to new audiences and demonstrating its effectiveness. Under the Program, affiliates operate as a independent contractors, not as employees or partners of Goalscape Software.
We pay approved affiliates the agreed commission on a monthly basis. You need to pay all applicable taxes and ensure that you have proper insurance. You may not make any statement on our behalf.
Our liability to you is limited, as stated in our terms of service, and our relationship is non-exclusive, which means we can find other affiliates, and you can market other products.
Scope of the Relationship
We are independent contractors. You may not share your Goalscape Affiliate account with anyone else.
When joining the program, and upon our approval, you will be appointed as a non-exclusive affiliate, and you shall act to refer new customers to purchase our software and services. As our affiliate, you may not present yourself as a part of Goalscape Software GmbH, and you may not create any obligation on behalf of Goalscape Software GmbH.
Your participation is personal, which means that you cannot appoint sub-affiliates and you may not share your affiliate fees with end customers of the software or anyone else.
You shall invest reasonable time in promoting our software and services, and do so at least to the standard of Goalscape Software’s marketing. If we find that your promotional material is problematic, offensive, illegal or otherwise objectionable, we may terminate your participation in the program immediately and without prior notice.
You represent and warrant that you are able to participate in the program, that you will only act in a legal, bona fide manner, and that you will not infringe on any intellectual property right or indulge in any deceptive practice when participating in it.
Promotional Materials and Intellectual Property
We give you limited permission to use our intellectual property as long as you respect it.
We reserve all our Intellectual Property Rights; and we provide our affiliates a limited, temporary, non-exclusive, non-transferrable, non-sublicensable license to use our trademark, brand name, and promotional materials. Such license is limited only to the use of this collateral in promoting our software and services, using our permitted banners.
This means that you may not use our Intellectual Property Rights with another brand name, or in a bundled project. It also means that you cannot allow others to use the content we license to you.
You may only use the permitted banners and promotional material that we provide in our gallery.
All promotional materials showing prices should reflect current prices and discounts at all times.
Termination and Suspension
We can cancel this relationship at any time.
We reserve the right to terminate your affiliation with Goalscape Software (ie your membership in the Program) at any time, by providing you with notice of such termination (to the email account with which you applied to the Program), and with immediate effect, at Goalscape Software’s sole discretion. When we terminate our relationship, you must cease using all collateral covered by our Intellectual Property Rights.
If we suspect any breach of these terms, we may also suspend your account until we receive sufficient evidence from you that shows that no breach of these terms occurred. In such cases, we may require review of your books and records prior to reinstatement.
Upon termination due to breach (save for termination due to inactivity), we shall retain all funds in your account.
Termination for Inactivity
If your account is inactive for an extended period, we will terminate your account and only pay any outstanding balance if it is over a specific sum.
By accepting these Affiliate program terms, you agree to receive our newsletter, marketing, and promotional offers from us.
In case we believe that your account is inactive, meaning you have not earned any commission or received any visits using your referral link within two years and/or you have not reached the sum of USD 200 within two years, then we may decide to terminate your account and/or reset your balance. In such a case, your pending balance will not be paid. We may exercise this right without providing you with any prior notice.
Commission
We can only pay for accredited sales, registered according to a specific cookie measurement, along with high quality anonymized server-side tracking.
Each affiliate will be paid a fixed affiliate commission that we will notify in writing. We may change this commission at any time at our own discretion. Such changes will not be retroactive.
We pay our commission for qualified leads. A qualified lead is a new customer, who subscribed to our platform within a certain duration of days of clicking a link or permitted banner you placed, and who made a purchase of any of our goods and services; all, provided that we were not introduced to this customer by any other affiliate or that they did not subscribe to our website of their own volition prior to their click. We will not pay any commission for self-dealing (ie using the affiliate program to get discounts).
The commission shall be calculated out of our net revenues from your qualified leads, which means our total revenues, minus taxes, chargebacks, cancellations.
The means of tracking your qualified leads shall be by placing a link or a banner that includes your tracking tags, pixels, and code we provide you.
You agree that our books and records are deemed as accurate and that our tracking is final. Please note that as well as cookies on the customer’s machine we use server-side tracking that ensures GDPR compliance, yet provides the highest quality of conversion data.
Payment
We will pay you according to our specific program.
Your commission is calculated only upon payment to you. Until then, the expected payment is not an obligation from us to you, but an estimation of future revenues.
We pay our affiliates on a monthly basis via PayPal.
Until the payment is made, the sums specified on your account are not considered debt, and will not be paid until you reach that threshold.
You shall bear all taxes and expenses relating to the payment, including any fees which may be incurred for the payment.
If this contract does not suffice as a proof of payment, you must provide us with an invoice prior to payment. If we provide a qualified lead with a refund, then we will deduct the commission from your next payment, or request that you return the fees for the refunded sale. You also agree that we may offset any sums that you may owe us from any future payments.
Each party shall bear its own expenses, and the commission you are entitled to is the sole payment you receive in relation to your services.
Bad Practices
We will terminate your membership of the Program if you are a bad actor.
Without limiting our Trademark Guidelines, we consider the following to be “bad practices”, which are prohibited and will result in termination of your participation in this Program, as well as forfeiture of any outstanding commissions.
Please note that if at any time we believe that you acted in bad faith or illegally, we may also cancel your participation and withhold all payments.
The following are considered bad practices: (i) using deceptive practices, encouraging users to click banners, or the use of any automated means to create traffic; (ii) presenting yourself as a part of Goalscape Software; (iii) using the Goalscape Software brand, either in violation of the Trademark Guidelines while presenting unpermitted banners, or when using the Goalscape Software brand as a part of your domain name, website name, banners or in any form of paid advertising (for example, PPC campaigns); using domain names that imply any link to the Goalscape Software brand including the words “Goalscape Software” or similar sounding, looking or typed names; spamming; buying traffic; using paid search or keyword advertising using our Intellectual Property Rights or brand name to drive traffic to your site or to the banners; (viii) offering coupons or discounts without our consent; offering others a part of your commission; using words like “deal”, “sale” or “discount” in a deceptive manner or in a way stating that there is any discount, rebate, cash-back or other reduced payment for the services when there isn’t.
All websites that you use to promote Goalscape Software’s products and services must have a prominent privacy policy, which is acceptable under the relevant privacy protection laws, and must display a prominent notice on the collection of data made by us using the tag, pixel, and code.
This list is non-exhaustive, and we may block any practice that we believe is bad and terminate or suspend your account when identified. Bad Practices also include any illegal or unauthorized advertising, infringing intellectual property rights, invading users’ privacy, or otherwise using any advertising in violation of local laws and regulations.
Confidentiality
You may not tell others how much you earn from the Program.
Our relationship is confidential. This means that your commission is confidential, although the fact that we paid you is not. If required by law you should add a decent disclosure that you receive a commission for every click on our banner; but you may not tell others your specific commission.