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The Social Traders Publisher Terms of Service Subscription Commissions £34.99 Package - 33% recurring for every month the client stays subscribed. £94.97 Package - 33% recurring for every month the client stays subscribed. £314.91 Package - 33% recurring for every month the client stays subscribed. Broker Referrals Commissions $500 Trading Account - £150 - Client must complete at least 15 live trades. Net 30 $1000 Trading Account - £225 - Client must complete at least 15 live trades. Net 30 $3000 Trading Account - £300 - Client must complete at least 15 live trades. Net 30 Payment Terms Subscription Commissions Payment on the last working day of the month. Broker Referrals Net30 Payment Model - we can pay up to 30 calendar days (not business days) after we have been billed. 1. General 1.1 These Terms of Service, together with the The Social Traders Privacy Policy (together the “Terms of Use”) set out the terms and conditions on which The Social Traders Ltd (a company registered in England and Wales with number 12589601 and its registered office at Chidlands Pilgrims Way, Trottiscliffe, West Malling, Kent, England, ME19 5EW) (“The Social Traders”) provides the Service to Publishers. 1.2 By submitting your application to The Social Traders and / or your continued use of the Service you are confirming that either: (a) you are a Publisher intending to enter into the Agreement with The Social Traders in a personal capacity, and that you agree to comply with the Terms of Use; or (b) you are an employee, agent or subcontractor of a Publisher who has been given the necessary authorisations by the Publisher to login to the Hub, to agree to comply with the Terms of Use and to enter into the Agreement with The Social Traders, in each case on behalf of the Publisher. If you are unable to provide one of the above confirmations, you must not submit the application, or otherwise use or access the Services. 2. Definitions 2.1 In these Terms of Service, the following expressions have the following meanings: “Advertiser” an entity purchasing advertising or marketing services from The Social Traders directly or through an agent. “Affiliate Network” an entity providing an affiliate marketing service on behalf of multiple Merchants. “Agreement” the agreement between The Social Traders and the Publisher which (i) is created on acceptance by The Social Traders the Publisher’s application in accordance with clause 3.1 and (ii) incorporates the Terms of Use. “Article” means an individual item of Content that The Social Traders provides to the Publisher. “Audiences” means the Optional Tool where Publishers earn revenues and gain insights from the use of Audience Segments. “Audience Segments” groups of anonymous user identifiers based on pre-defined characteristics such as demographics, product, brand, and retailer affinities, device usage and interactions with content. They are derived from Usage Data, and used as part of Audiences for online targeting, customization, optimization and reporting purposes. “Reversals” as defined in clause 9 “Content” means the proprietary content (which may, at The Social Traders’ discretion, comprise text, images, audio, video and/or other material) that Skimlinks makes available to the Publisher pursuant to an Agreement. “Content Tools” means Our Core Tools when used on Content. “Core Tools” means The Social Traders standard affiliation technologies which Publishers can use to affiliate Merchant links, through Affiliate Networks, with the purpose of earning Publisher Revenue and obtaining insights via the tracking technology. “Sale” following a referral of a User from the Publisher’s website to The Social Traders’ website, a supply of goods and/or services by such The Social Traders to such User during the cookie life-time. “Service” means access to and use of (i) The Social Traders affiliate program. “Total Revenue” a payment made by a The Social Traders, Affiliate Network, Advertiser or Monetisation Partner to The Social Traders. “Usage Data” information collected or created by the use of the Service. “User” a user of the Publisher’s website(s) that is referred to The Social Traders via the Service and/or interacts with the The Social Traders by purchasing goods and/or services or providing The Social Traders with some other benefit (including, but not limited to, registering with the The Social Traders website or subscribing to a newsletter). 3. The Service 3.1 The Social Traders may approve or reject an application to register for the Service at its entire discretion. If The Social Traders decides to reject an application, it is not obliged to provide the Publisher with its reasons for doing so. If The Social Traders approves an application, it will notify the Publisher and the Publisher will then be able to access and use the Service. 3.2 The Publisher acknowledges and agrees that its registration for the Service is specific to the website or websites set out in the Publisher’s application, and that it may not use the Service in relation to any website other than those for which it has The Social Traders’ prior permission. 4. Merchants 4.1 The Publisher acknowledges and agrees that: 4.1.2 The Social Traders may from time to time, and with immediate effect, vary commission rates and the way in which Total Revenue is calculated; 4.1.3 The Social Traders may from time to time, and with immediate effect, terminate their involvement in the Service, either across all publishers, or in relation to specific publishers that they deem do not meet their terms of use, policies and standards; 4.1.4 changes pursuant to clauses 4.1.1, 4.1.2 or 4.1.3 will only be notified to the Publisher by way of updates to the Publisher when possible, and it is the Publisher’s responsibility to ensure that the Publisher is up to date with such changes; and 4.1.5 If The Social Traders wishes to remove links or references to the The Social Traders’ brands, products, or trademarks. The Social Traders’ will communicate this notice to the Publisher, and the Publisher agrees to remove such links or references as soon as reasonably practicable (and in any event within five (5) working days of receiving the notice from The Social Traders). 5. Use of Core Tools, Optional Tools and Content 5.1 In order to use the Optional Tools, the Publisher: 5.1.1 must be registered and approved for the Service pursuant to clause 3, and have the Core Tools activated on a website that has been approved by The Social Traders and with which it intends to use the Optional Tools; 5.1.2 must, in the case of the APIs, use the unique API key granted to Publishers who use these APIs; 5.1.3 must not sell, transfer, sublicense or otherwise disclose its login or API key; 5.1.4 must not exceed the limits set by the Program Policies. The number and size of API requests made to the APIs is expected to reflect the revenue generated via the Service. Notwithstanding the foregoing, if The Social Traders considers that the Publisher’s use of the Tools is excessive or fraudulent, or bypasses (or attempts to bypass) monetization with the Service, then such use will constitute a breach of this Agreement for the purposes of clause 11.1. 5.2 In order to use any Tools, the Publisher: 5.2.1 acknowledges that use of any other, third party affiliate marketing link affiliatization service directly alongside the Service may interfere with the correct operation of the Service, including the calculation of Total Revenues; 5.2.2 acknowledges that The Social Traders reserves the right to monitor the Publisher’s use of the Tools to ensure they are being used by the Publisher in accordance with the Terms of Use. Whether the Publisher’s use of the Tools is in accordance with the Terms of Use shall be determined by The Social Traders in its sole discretion. 5.3 The use of Audiences is subject to the following additional terms; the Publisher: 5.3.1 will receive remuneration as set out in Clause 6. 5.3.2 can opt-out of the Audiences product at any time via the affiliate platform. 5.4 With respect to Content: 5.4.1 the licence granted to the Publisher to use the Content is limited to, and the Publisher shall use the Content solely as content for, Publisher Sites on which the Publisher is concurrently using the Content Tools (“Permitted Purpose”); 5.4.2.1 is only used for the Permitted Purpose; and 5.4.2.2 does not contain any copyright notice, author’s byline or other reference to The Social Traders. 5.4.2.3 if the Publisher fails to comply, or if The Social Traders has reasonable grounds to believe that the Publisher has failed to comply, with clause 5.4.2.1 or clause 5.4.2.2, the Publisher shall remove the Content from the Publisher Sites (and, if applicable, from any other website, mobile site or mobile app on which the Content has been posted) as soon as practical and in any event within 24 hours following The Social Traders’ instruction for the Publisher to do so; and 5.4.2.4 The Social Traders will use reasonable endeavours to ensure that the Content (in the form originally provided to the Publisher) is kept up to date. 5.5 The Social Traders shall make the Content available to the Publisher on a free of charge basis. 5.6 The Social Traders reserves the right at any time in its sole discretion, without notice or liability to the Publisher: (i) to refuse to permit the Publisher to use any one or more of the Tools; and (ii) to amend the measures taken to protect against inappropriate use of the Service. 6. Payment Terms 6.1 The Social Traders will pay the Publisher the Publisher Revenue for a given month, minus any Chargebacks made in accordance with clause 9 and any pending payments from Merchants, Affiliate Networks and/or Monetisation Partners: 7.1.1 in the case of all Tools (except Audiences), no later than 92 days after the end of that month; or within 30 days of receiving payment from the Advertisers , Affiliate Networks and/or Monetisation Partners. 7.1.2 in the case of Audiences, no later than the end of the month following the month in which The Social Traders receives payment from the Advertiser. 7.2 If the amount of the Publisher Revenue is less than $28 / £20 / €23 (excluding any VAT element if appropriate) in any month (the “Minimum Threshold”), any such amount will be carried over and paid when the cumulative amount due for payment to the Publisher exceeds the Minimum Threshold. 7.3 Payments will be made in accordance with the payment method selected by the Publisher . While The Social Traders is responsible for the cost of making payments, the Publisher is solely responsible for any fees charged by the Publisher’s bank or other provider for receiving funds. 8. VAT 8.1 The use of the Service by the Publisher constitutes a taxable supply for United Kingdom Value Added Tax (VAT) purposes. If the Publisher is registered for VAT, payments due to the Publisher are therefore subject to VAT at the then current rate. 8.2 The Social Trader shall: 8.2.1 issue self-billed invoices for use of the Service by the Publisher throughout the term of the Agreement, 8.2.2 ensure that each self-billed invoice shows the Publisher’s name, address and VAT registration number, together with all other details which constitute a full VAT invoice; 8.2.3 make a new self-billing agreement if its VAT registration number changes; and 8.2.4 inform the Publisher if the issuing of self-billed invoices will be outsourced to a third party. 8.3 The Publisher shall: 8.3.1 accept invoices issued by The Social Traders on the Publisher’s behalf throughout the term of the Agreement; 8.3.2 not raise any sales invoices for the supplies covered by the Agreement; 8.3.3 account to HMRC for the VAT element of each payment received from The Social Traders; and 8.3.4 notify The Social Traders immediately if the Publisher: - changes its VAT registration number; or - ceases to be VAT registered, or - transfers its business, or part of its business. 8.4 The Social Traders will ensure that each invoice is available for download in the Affiliate Portal and, if the Publisher has provided an accounts payable email address in the Affiliate Portal, The Social Traders will email a copy of the invoice to the Publisher. 8.5 The Publisher acknowledges and agrees that it is solely responsible for ensuring that its bank account details and all other necessary payment information on the Affiliate Portal (“Payment Details”) are correct and up to date at all times, and that The Social Traders is not required either to verify the Payment Details or to notify the Publisher if it discovers that the Payment Details are incorrect. 8.6 If The Social Traders is unable to pay an invoice of the Publisher as a result of the Payment Details being out of date or otherwise incorrect, then the Publisher shall be entitled to notify The Social Traders of the correct Payment Details and request payment of such invoice during the period ending on the last day of the calendar year in which the invoice was issued or, if earlier, the last day of the six month-period following the date of the invoice (“Claim Period”). If the Publisher has not notified The Social Traders of the correct Payment Details and requested payment within the Claim Period then the Publisher hereby unconditionally and irrevocably waives its right to payment of the relevant invoice. 9. Reversals 9.1 A Merchant may require The Social Traders (either directly, via an Affiliate Network or Monetisation Partner) to reverse the Total Revenue paid in respect of a Sale (a “Reversal”) in certain circumstances, including (but not limited) to the following: the Sale was not a bona fide transaction the relevant goods/service sold are returned by the User it is discovered that the transaction was fraudulent. 9.2 In the event of a Reversals, the Publisher’s sales figure available on the Affiliate Portal will be reduced accordingly. The Publisher acknowledges and accepts that information regarding individual Reversal is not available, whether on the Publisher Hub or otherwise, and that a Publisher has no right to appeal or otherwise challenge a Reversal. 9.3 The Publisher acknowledges and agrees that Total Revenue remains subject to Reversals, and is therefore conditional, even after it has been paid to The Social Traders or the Publisher. 10. Service Availability 10.1 The Social Traders will use its reasonable endeavours to ensure that the Service works on the Publisher’s website(s), but gives no warranty that the Service will achieve any minimum availability or response targets. 10.2 The Publisher agrees to notify The Social Traders promptly of any Service availability or performance issues via e-mail or the Affiliate Portal. The Social Traders will use reasonable endeavours to correct any reported issues as soon as reasonably practicable. 11. Service Suspension 11.1 If The Social Traders has reasonable grounds to believe that the Publisher is not using the Service in accordance with the terms of the Agreement and/or in breach of the Program Policies, The Social Traders: 11.1.1 request the Publisher either to remedy the breach or other default within such time scale as The Social Traders may reasonably require; or 11.1.2 if The Social Traders in its discretion considers that the breach or other default is sufficiently serious, or if the Publisher has failed to respond to The Social Traders request under clause 11.1.1 to The Social Traders’ reasonable satisfaction, suspend the Publisher’s access to the Service, in whole or in part, with immediate effect and without any obligation to provide prior notice (a “Service Suspension”). 11.2 As soon as reasonably practicable following a Service Suspension, The Social Traderswill notify the Publisher of the reason(s) for the Service Suspension and, where applicable, confirm the steps that the Publisher is required to take in order for The Social Traders to reinstate the Publisher’s access to the Service. 11.3 The Social Traders will reinstate the Publisher’s access to the Service as soon as reasonably practicable after it has: 11.3.1 received written confirmation from the Publisher that the breach or other default giving rise to the Service Suspension has been remedied or rectified; and 11.3.2 where applicable, The Social Traders has carried out tests or otherwise satisfied that such breach or other default has in fact been remedied or rectified. 12. Term and Termination of the Agreement 12.1 The Agreement will commence when The Social Traders notifies the Publisher in accordance with these Terms of Service that the Publisher’s application has been accepted and, unless terminated earlier in accordance with clause 12.2, will continue until either party gives the other party written notice of termination at any time via email. Notices to The Social Traders should be sent to info@thesocialtraders.com . Notices to the Publisher will be sent to the email address provided by the Publisher in the Affiliate Portal. 12.2 Either party may terminate the Agreement with immediate effect if: 12.2.1 the other party becomes bankrupt, insolvent or unable to pay its debts in accordance with Section 123 of the Insolvency Act 1986; or 12.2.2 the other party is in breach of any material term of the Agreement and, in the case of a breach capable of remedy, has failed to remedy such breach within three (3) days of having been notified in writing of such breach. 12.3 On termination of the Agreement: 12.3.1 the Publisher will immediately cease use of the Service, remove all instances of the The Social Traders Content from the Publisher’s website(s), and promptly return to The Social Traders, or at The Social Traders’ written request, destroy, any and all of its intellectual property rights, information and/or materials in the Publisher’s possession; and 12.3.2 except where (i) the Agreement is terminated by The Social Traders under clause 12.2 (in which case the Publisher forfeits all rights to receive any further payments) or (ii) the Publisher Revenue accrued (less any reversals) is less than the Minimum Threshold, The Social Traders shall pay the Publisher the Publisher Revenue accrued (less any reversals and pending payments from Merchants, Advertisers, Affiliate Networks and/or Monetisation Partners) not later than the date falling three (3) months after the date of termination. 13. Licence 13.1 All intellectual property rights subsisting in, relating to or arising out of the Service (or any part thereof) shall at all times be owned by and vest in The Social Traders, including all developments or enhancements to the Service (or any part thereof). Subject to clause 13.2, the Publisher agrees that the Agreement does not transfer or grant any right, title or interest in The Social Traders’ intellectual property rights in the Service (or any part thereof) to the Publisher. 13.2 The Social Traders grants to the Publisher a non-exclusive, non-transferable, non-sublicensable, revocable, worldwide, licence to use the Service during the term of the Agreement. 13.3 The Publisher shall not be entitled to use the Service in any other way other than as set out in the Agreement. Any attempt to interfere with the operation of the Service (or any part thereof) will constitute a breach of the Agreement. 13.4 Subject to Audiences revenue distribution and usage terms as described in clause 6 and 5.3 respectively, the Publisher grants to The Social Traders a worldwide, non-exclusive right and licence to: 13.4.1 collect, use, and disclose Usage Data as provided in our Privacy Policy, and to allow our third party partners to do the same; 13.4.2 merge and infer connections between multiple sources of non-Personally Identifiable Usage Data, for purposes including but not limited to, creating derivative products, training algorithms, and other research and development; 13.4.3 licence, re-licence, sub-licence, or distribute Usage Data or derivatives to third parties directly or through distributors including any and all rights granted to The Social Traders in this Agreement; and 13.4.4 use Usage Data in connection with Service optimization, analysis, and product development and improvement, the results of which shall be owned exclusively by The Social Traders. 14. Assignment The Publisher may not assign or otherwise transfer its rights and/or obligations under the Agreement, whether in whole or in part. 15. Communication 15.1 Any notice under the Agreement shall be in writing and shall be made either via e-mail or certified mail to the other party’s registered office address. Notices sent by e-mail will be deemed effective 24 hours from the time of sending and notices sent by mail will be deemed effective 48 hours after posting. 15.2 The Social Traders may disclose its relationship with the Publisher in its marketing material (including its website(s)) and in its operational relationship with Affiliate Networks, Merchants and Monetisation Partners, including using for such purposes the Publisher’s name and trademarks. 15.3 The Publisher agrees that The Social Traders may use the Publisher’s contact details (including its email and registered address) to notify it about its account with The Social Traders, any issues relating to, and updates to, the Service, and any modifications to the terms of the Agreement. 16. Modifications The Social Traders may modify all or any part of this Agreement, at any time and at its sole discretion, effective immediately upon notice published on the The Social Traders Publisher Interface. Continued participation in the Service after receiving notice of such modification will constitute the Publisher’s unconditional acceptance of the modification to this Agreement. 17. Indemnity The Publisher shall indemnify, defend and hold harmless The Social Traders against all losses, liabilities, damages and costs (including legal expenses) sustained, incurred or suffered by The Social Traders as a result of any claim, action or proceeding that: (i) the Publisher’s websites infringe the intellectual property rights of any third party; (ii) the Publisher is in breach of its obligations under the terms of the Agreement; or (iii) any third party claims arising from the Publisher’s use of the Service otherwise than in accordance with the terms of the Agreement. 18. Liability 18.1 Except as expressly and specifically provided in the Agreement, all warranties, conditions, representations and other terms of any kind, whether express or implied, are, to the fullest extent permitted by law, excluded from the Agreement. In particular (but without prejudice to the generality of the foregoing), The Social Traders makes no express or implied warranties or representations with respect to the operation or availability of the Service, or to the optimization of Total Revenue from its routing strategy. The Social Traders will not be liable for the consequences of any interruptions to or errors in the Service. 18.2 The Social Traders shall not be liable for: loss of profits; loss of business; depletion of goodwill or similar losses; loss of anticipated savings; or loss of goods; or loss of use; or loss or corruption of data or information; or any special, indirect, consequential or pure economic loss (whether or not falling in any of the foregoing categories), costs, damages, charges or expenses. 18.3 Subject to clauses 18.1 and 18.2, The Social Traders’ total aggregate liability under or in connection with the Agreement, whether for breach of contract, tort (including negligence), misrepresentation or otherwise, shall be limited to an amount equal to The Social Traders’ share of Total Revenue during the year preceding the date on which the claim arose. 18.4 Nothing in the Agreement excludes the liability of either party for any other liability which cannot be excluded under applicable law, including fraud, fraudulent misrepresentation, or death or personal injury caused by either party’s negligence. 19. Force Majeure Neither party shall be liable to the other by reason of any event arising which is beyond the reasonable control of the affected party (including any industrial action (save in respect of affected party’s employees or suppliers), governmental regulations, fire, flood, disaster, civil riot or war). 20. Entire Agreement The Agreement constitutes the whole agreement between the parties relating to its subject matter and supersedes any prior drafts, agreements, undertakings, representations, warranties and arrangements of any nature, whether in writing or oral, relating to such subject matter save that this clause 20 shall not exclude liability for any fraud or fraudulent misrepresentation of a party. 21. Governing Law and Jurisdiction The Agreement shall be governed by, and construed in accordance with, the laws of England and Wales. In relation to any legal action or proceedings to enforce the Agreement or arising out of or in connection with the Agreement each of the parties irrevocably submits to the non-exclusive jurisdiction of the courts of England and Wales Subscription Commissions
