Terms and conditions when employing Partner-ads's affiliate network

§ 1
By setting up an advertiser profile/signing up as an advertiser, the advertiser agrees to the terms and conditions for advertisers stated on this page.

§ 2
An advertiser may cancel the collaboration with one or all affiliate programmes with a 2 weeks' notice.

If the advertiser fails to meet the requirements, Partner-ads may terminate the collaboration at a moment's notice.

§ 3
When an affiliate programme has been created and tested that it works, and money for advertising has been payed (min. 1000 kr. incl. VAT), Partner-ads will activate the programme and notify the parties about it.

Shutting down an affiliate programme is only possible when contacting Partner-ads first.

During the period of shutdown, the advertiser may not make any changes to the affiliate programme.

Partner-ads may shut down an affiliate programme if the paid balance has been spent or if the website, tracking or the like is not working and will not be working within reasonable time.

§ 4
The partners' participation in marketing for advertisers relies on a relationship of trust between partner and advertiser.

A partner's application is approved or denied based on the terms (conditions, rates etc.) which are valid at the time of application.

Advertisers are obligated to notify partners about significant changes to the affiliate programme. However, Partner-ads will inform partners about changes to rates, new ads or the shutting down of a programme in newsletters which are sent out regularly as well as in our message system.

§ 5
When set up, an affiliate programme needs to be categorised, and banners should be inserted via the menu option 'Reklamer' (min. 300x250 and 728x90) or a product feed should be offered (see the menu option 'Produktfeeds').

The advertiser may change the default settings for the processing of applications that can be found under the menu option 'Ansøgninger'.

Offering incorrect information or information which has no relevance to the affiliate programme in question is not allowed.

§ 6
Banners may be used in the formats .jpg, .gif and .png. Texts for text links should be typed in individual sections.

Banners must be hosted by the advertiser, either via their own website or via a third party.

The ads created must reflect the content of the website and cannot be deleted, although the banner may be changed. However, Partner-ads can delete a banner manually for the advertiser if it is not in use.

At the setup and update of banners via the menu option 'Reklamer', Partner-ads will notify the partners.

It is the responsibility of the advertiser that the material made available to affiliate partners comply with Danish and EU laws. The advertiser must indemnify Partner-ads and Partner-ads's affiliate partners regarding demands which spring from the material provided by the advertiser.

The advertiser may allow the use of Google AdWords and the like as well as Facebook Ads and the like. This goes through Partner-ads. The permission can only regulate traffic to the advertiser's website and not the marketing of own website content by affiliate partners.

§ 7
Applications from partners which must be handled manually must be approved or denied within 10 days. Approved partnership applications may later be denied and vice versa via the advertiser's statistics or partner overview.

§ 8
All amounts earned by partners will be deducted from the advertiser's balance incl. a 25% commission for Partner-ads, except in the unhappy event of fraud or mistakes (see §§10 and 11).

The advertiser will either indicate a sales commission (a %) or a fixed sum per sale (excl. VAT) in the affiliate programme, and these are used when calculating the earnings of affiliates.

Minimum rates: 20 kr. per sale (excl . VAT) OR a 2% sales commission.

The minimum rates may be dispensed with by agreement with Partner-ads if rates are combined or in exceptional cases.

General changes to rates are made by contacting Partner-ads who will then correct the rate and communicate it to affiliates.

At the reduction of rates, a 2 weeks' notice must be given to affiliates (3 weeks when the programme is the Elite programme).

For campaigns where the rate is raised for a period of time and then reduced, it is sufficient to offer information on when the rate will be reduced again at the beginning of the campaign.

§ 9
Partner-ads will show balance and issue invoices in DKK (Denmark), SEK (Sweden) or NOK (Norway), depending on which country you are registered in. If you live outside these countries, your balance will be shown in DKK, and invoices will be in either DKK or EUR.

If you have programmes in other countries than the one you are registered in, your balance and invoice might contain minor exchange differences due to conversion to your local currency.

If you wish to have each country separated regarding balance and invoicing, you must create one advertiser sign-up per country. However, this should always be done in the case of separate legal entities, e.g. one company in each country.

Your balance must not reach breakeven. Therefore, Partner-ads will automatically bill you when the balance is low. The limit to when an invoice is sent out and which amount is billed will be based on the advertiser's expenditure so that deficits may be avoided.

Amounts for advertising can also be ordered manually.

When a payment has been requested and the invoice amount is in Partner-ads's bank account, the advertiser's balance will be updated.

If the advertiser terminates the collaboration with Partner-ads, the balance due will be calculated and reimbursed.

§ 10
Regarding tracking:

The advertiser is obligated to deliver information from his own system enabling Partner-ads to compensate partners for any leads or sales delivered.

The information must be written in a tracking code which is activated at the advertiser and which the advertiser will receive information about in connection with the setting up of an affiliate programme.

The advertiser is obligated to deliver correct information and without undue delay. No personally identifiable information, such as e-mail address, phone number etc., may be listed in the tracking code.

If the advertiser employs more than one affiliate network, we prefer the advertiser to place a cookie with the user when receiving a click from a network on the website. This cookie can then be used to ensure that the right tracking code is activated. Naturally, the tracking code should be activated when Partner-ads is the one delivering the final click. It should be clear from the terms and conditions of the affiliate programme when an advertiser is using other networks and where annulments due to double commission and such may happen.

A partner earns money on leads and sales for 40 days from when a user clicks on an advertiser's ad (cookie time). Tracking is carried out via cookies or clicks (e.g. IP addresses) The partner being paid for the lead/sale is the one where the last click is registered.

As stated in the above, it is the responsibility of the advertiser that the tracking code has been placed correctly and delivers correct transactions to Partner-ads. This is crucial so that the partners can rely on Partner-ads and the advertisers. Partner-ads reserves the right to test the tracking on a regular basis.

If it is detected that a tracking code has been removed or is not working, Partner-ads will contact the advertiser to have the matter sorted out, and this must take place as soon as possible. In the case of insufficient tracking, Partner-ads reserves the right to charge compensation for affiliate partners based on the EPC of the programme.

In the terms and conditions of the affiliate programme, the advertiser may state if parts of the assortment are not part of the affiliate programme. Yet, this needs to be initially approved by Partner-ads.

§ 11
If a partner clearly breaches the conditions of use or fails to follow a warning in relation to minor breaches, the partner's sign-up will be deleted.

At the deletion of a partner who has breached the conditions of use, money will be retransferred to the advertisers as it is assumed that the money has been unduly earned.

Please note that Partner-ads is unable to monitor and check up on all partners all the time. As an advertiser, you should expect spending a bit of time on self-checking/monitoring the partners who have signed up for your affiliate programme.

If you detect that a partner is breaching the conditions of use or if you suspect they do, please notify Partner-ads who will then take action.

Complaints relating to the above should reach us continuously and without delay since it is difficult to collect money which has already been paid out (any earned amount will be paid out after 30-60 days).

§ 12
Regarding annulments:

Situations may arise where orders have been incorrectly registered, should not have been registered or are the result of a test or the like.

Furthermore, consumers may cancel orders, cf. legislation on right of return.

Advertisers are entitled to cancel the type of orders mentioned in the above if they fill out an explanatory statement.

If the advertiser has stated in the terms and conditions of the programme that an annulment will be made if the final click has come from another affiliate network or any other type of paid advertising, such as Google AdWords, annulment based on this is allowed.

Advertisers may not annul other amounts which have in actual fact been earned, unless reasons for doing so are shown in the terms and conditions of the affiliate programme and have been approved by Partner-ads.

A partial annulment is possible on application to Partner-ads.

Registrations may be annulled for until 30 days.

§ 13
Conditions for data processing:

As an advertiser, you have access to a number of personal data regarding the affiliate partners with whom you are collaborating.

This information may include: First name, last name, address, postal code, city, company name, company registration number, phone number, e-mail, information about websites/media as well as transactions and statistics relating to the collaboration.

If you retrieve this information from Partner-ads.com and store it yourself or via a third party, you are obligated to secure the information so it cannot be accessed by unauthorised persons, either via arrangements of your own or via a so-called data processing agreement with the third party.

In addition, you are obligated only to store the information to the extent necessary and to delete it again if the relevant person or we as your data manager demand it.

Tracking: As an advertiser, you are permitting Partner-ads to store and process personal data that you share with Partner-ads in connection with tracking of leads ad sales via Partner-ads's tracking script since this is necessary in connection to the settling of accounts for your marketing. You also agree to these data being stored and processed as described in Partner-ads's personal data policy.

§ 14
Policy for the collection, storing and processing of personal data at Partner-ads:

Via the website https://partner-ads.com (Partner-ads) various pieces of personal data are collected, stored and processed.

Data manager for Partner-ads:
AdViva ApS (Partner-ads ApS)
CVR number: 31178088
Ekenæsvej 26
2850 Nærum
Denmark

Contact information:
Ken Schultz
Tel.: +45 31458690
ken@partner-ads.com

1) What personal data do we collect and why?
In order to contract with Partner-ads as an affiliate partner or advertiser, you state various pieces of personal information in connection with sign-up and possible updates:
CVR number (only for company sign-ups)
Company (only for company sign-ups)
First and last names
Address
Postal code
City
Phone number
E-mail
Bank account (only for affiliate partners in connection with payments)

This information is necessary as a legally valid agreement between you and Partner-ads is being made and we need to know with whom we are making a deal.

The collected personal data are data that identify affiliate partners who do marketing and advertisers who pay for marketing. The data are used for connecting these parties and identifying them as business partners who have made an agreement with Partner-ads and who are making deals with each other via Partner-ads.

Since personal data are a necessary part of Partner-ads's core business, we thus have a legal title to collect, store and process these data.

2) What are the data used for?

The data are used for the purposes stated in paragraph 1, to the extent necessary to ensure a relationship of trust between the parties mentioned in the above.

Advertisers may access data on their affiliate partners and vice versa. Advertisers may also access data on affiliate partners with whom they are not currently working in deference to the need for contact prior to entering into a collaboration (only when logged in to Partner-ads, though).

Affiliate partners and advertisers may make their own data available to third parties as long as the data cannot be related to a party that has not given its consent to the data being shared.

Partner-ads make some data available to a partner's or advertiser's collaboration with/membership of the service Marketers.dk where the data constitute a natural part of the agreement which the user has made with Marketers.dk.

Advertisers may also export e-mail addresses from their affiliate partners to an external e-mail system such as Mailchimp in order to ease communication. The advertiser is responsible for security concerning these data and that the necessary data management agreements have been made.

Third parties not included in the above cannot access personal data on affiliate partners or advertisers.

Advertisers will transfer certain types of data to Partner-ads in connection with the tracking of sales and leads (order numbers, order totals, lead numbers via Partner-ads's tracking script) as a necessary part of the collaboration and have permitted Partner-ads to store and process these data in compliance with this personal data policy.

Partner-ads suggests an addition to the personal data policy of advertisers in relation to the transfer mentioned in the above – view the suggestion here.

Affiliates will transfer certain types of data to partner-ads in connection with clicks on ad links (cookie data, IP addresses etc. via Partner-ads's tracking script) so that Partner-ads can register when an affiliate has created sales and leads and so that affiliates can be paid. Affiliates have permitted Partner-ads to store and process these data in compliance with this personal data policy.

Partner-ads suggests an addition to the personal data policy of affiliates in relation to the transfer mentioned in the above – view the suggestion here.

3) Consent, inspection and deletion

By signing up as an affiliate partner or advertiser, you agree to give your consent to the collection, storing and processing of personal data as described in this personal data policy.

An affiliate partner may revoke his consent if the person concerned is deleted from Partner-ads's system accordingly since registration is not possible without giving the personal data mentioned in paragraph 1. After deletion, however, documents relating to payments (containing the bank account to which the payment was made) are still saved for at least 5 years, cf. the Danish Bookkeeping Act.

Personal data for advertisers are kept in deference to track record for at least 5 years, cf. the Danish Bookkeeping Act. This means that we must be able to document who has received invoices and created transactions relating to accounting in our system. Thus, revoking your consent is not possible by simply deleting your account as long as the elements mentioned in the above must be documented.

In cases where the advertiser does not have any track record, it is possible to revoke the consent by deleting the advertiser's account.

Affiliate partners and advertisers are always able to access their registered personal data under 'Min profil' when logged in to their accounts.

This is also where personal data can be updated if there are any changes with the user.

4) How are personal data stored and processed?

Typed personal data are carefully stored by Partner-ads so they are inaccessible to unauthorised persons.

This is carried out via our server hosting agreement which includes e.g. protection of data.

Partner-ads will never sell or in any other way pass on personal data to a third party without your consent, cf. this personal data policy. However, data may be passed on if the law demands it or if there is a warrant.

Personal data will be deleted once there is no longer any need for them, cf. paragraph 3.

Partner-ads employs the following suppliers who handle personal data collected by Partner-ads:
- Drip.com (uses e-mail addresses for newsletters and campaigns)
- Missive (e-mail communication with affiliate partners and advertisers)
- Sendgrid (uses e-mail addresses for automatic e-mails/receipts from Partner-ads's system)
- Dropbox (files and documents which may contain personal data – only stored to the extent necessary for the sake of the operation of Partner-ads)
- Curanet (hosting of data and files which may contain personal data)
- Saugstrup Ltd. (Partner-ads's support team with access to personal data relating to support)
- Saugstrup Ltd. and RK Portals I/S (Marketers.dk) (access to personal data when an agreement has been made between their members and Partner-ads about connection to membership and Partner-ads).

5) How are data protected, and what do we do in the case of a security breach?

For all personal data processed by suppliers, it has been pinned out in agreements with these how the supplier must secure data and that they must report breaches to Partner-ads.

The personal data that we handle ourselves are protected, e.g. through controlled access (i.e. only the employees necessary have access), and through safety measures such as two-factor log-ins.

In the case of security breaches which are either detected by Partner-ads or reported, the users in question will be contacted as well as the relevant authorities as soon as possible within 72 hours.

Partner-ads or our suppliers will then ensure that the security breach is stopped as soon as possible, secure the personal data involved and prevent any further breaches.”