Terms and Conditions

Welcome to Tapfiliate, an online platform at the domain tapfiliate.com, which enables advertisers (“Advertisers”) to market their products and/or services online with the assistance of Advertisers’ publishers (“Affiliates”). These Terms and Conditions govern your use of our website (referred to as the “Site”) and the services and tools to improve, register, and facilitate online marketing we provide (referred to as the “Service”). Please read them carefully.

You must be at least 18 years of age to use the Site. By using the Site and by agreeing to these Terms and Conditions, you warrant and represent that you are at least 18 years of age.

You must not use this website in any way that causes or may cause damage to the Site or impairment of the availability or accessibility of the Site, or in any way that is unlawful, illegal, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You must not conduct any systematic or automated data collection activities (including, without limitation, scraping data mining, data extraction, and data harvesting) on or in relation to this Site without the Company’s express written consent.

INTRODUCTION

Tapfiliate B.V., registered at Joop Geesinkweg 701, Rembrandt room, 1114 AB Amsterdam-Duivendrecht, the Netherlands, (“Company”), manages Tapfiliate at https://tapfiliate.com/ and provides Advertisers with the opportunity to create, track and optimize Advertisers’ own affiliate programs for marketing their products or services online.

ACCEPTANCE OF TERMS AND CONDITIONS

By using the Site, you accept these Terms and Conditions in full. If you disagree with these Terms and Conditions or any part of these Terms and Conditions, you must not use the Site.

CHANGES TO TERMS AND CONDITIONS

The Company reserves the right, at its sole discretion, to modify or replace these Terms and Conditions at any time without notice. Any new updates, features, and/or options that will be added within the provision of the Service, including the release of new tools and resources, shall be subject to these Terms and Conditions. Revised Terms and Conditions will apply to the use of this Site and the Service from the date of the publication of the revised Terms and Conditions on the Site.

It is your responsibility to check the Terms and Conditions periodically for changes. Your continued use of the Site and the Service after any such changes indicates your acceptance of the terms in full at the time you use the Service.

USE OF SERVICE

You agree to use the Service for lawful purposes only. You may not use our services to engage in any harmful, illegal, or unethical activities. You must not, in the use of the Service, violate any laws of your jurisdiction (including but not limited to copyright laws).

You agree not to use the Site for any unlawful purpose or in any way that could damage, disable, overburden, or impair the Site.

You agree not to attempt to gain unauthorized access to any portion or feature of the Site or any other systems or networks connected to the Site.

You must not modify, adapt, or hack the Service or modify another website so as to falsely imply that it is associated with the Service or Tapfiliate.

You may not reverse engineer or reuse source code that is in public view. This includes any and all javascript.

You understand that the technical processing and transmission of the Service, including your content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to the technical requirements of connecting networks or devices.

You must not upload, post, host, or transmit unsolicited email or “spam” messages.

You must not transmit any worms or viruses or any code of a destructive nature.

The Company does not expose information on its users without their express permission.

1. REGISTRATION

1.1. The Service is intended solely for persons who are 18 or older. Any access to or use of the Service by anyone under 18 is expressly prohibited. By accessing or using the Service, you represent and warrant that you are 18 or older.
1.2. In order to use the Service, the Advertiser must register on the Site at the domain tapfiliate.com and create an account (“Account”). The registration is carried out using the Advertiser’s full name, current email address, and credit card details.
1.3. Any Advertiser who registers agrees that all information supplied within registration is true and accurate and will be kept up to date at all times. If the information provided is not true and/or accurate, the Company reserves the right to block, cancel, or remove the Account.
1.4. The Advertiser is responsible for the security of the username and password. The Company shall not be held liable for any damage resulting from the Advertiser’s failure to comply with this security obligation.
1.5. The Account is strictly personal and may not be used by anyone else. The Advertiser may not impersonate any other person in any registration whether or not that other person is a user of the Service.
1.6. The Advertiser is the only responsible party for the personal or other information provided on registration.
1.7. The Advertiser is responsible for maintaining the confidentiality of the Account information. The Advertiser is also responsible for all activities that occur under the Account.
1.8. The Company reserves the right to terminate the Advertiser’s registration immediately without notice if, in the Company’s reasonable opinion, the Advertiser has breached these Terms and Conditions.

2. PAYMENT FOR SERVICE

2.1. A valid, chargeable credit card or chargeable PayPal account and billing agreement is required for paying accounts. If neither of these is present on the Account, the Account may be closed.
2.2. The Service is billed in advance on a monthly or yearly basis (Monthly or Annual Subscription Period) according to the rates specified on Tapfiliate’s pricing page: https://tapfiliate.com/pricing/.
2.3. Billing starts automatically upon the expiration of the 14-day free trial period.
2.4. Additional services (extra features not included in the current User’s Subscription plans) may be provided for an additional fee upon request to the Tapfiliate Support Team.
2.5. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and the Advertiser shall be responsible for payment of all such taxes, levies, or duties.

3. REFUND POLICY

3.1. Cancellation period.
The Advertiser shall have the right to a cancellation period of 14 days from the date of initial payment for the Service. Upon the written request addressed to the Tapfiliate Support Team by the Advertiser, the Company shall return to the Advertiser the initial payment amount within 14 days after cancellation. The Advertiser does not have to give a reason to cancel the subscription.
3.2. Monthly Subscriptions
When canceling a monthly subscription, all future charges associated with future months of your subscription will be canceled. Your cancellation will become effective immediately. You will not receive a refund for paid Service for the remainder of the monthly term.
3.3. Annual Subscriptions
When canceling an annual subscription, all future charges associated with future years of your subscription will be canceled. Your cancellation will become effective immediately. You will not receive a refund, prorated or otherwise, for the remainder of the annual term.
3.4. Please feel free to contact the Tapfiliate Support Team for any matters connected with refunds. It is the easiest and fastest way to resolve the matter.

4. AFFILIATES’ POLICY

4.1. The Company contracts only with the Advertisers and has no responsibility in the relationship between the Advertisers and their Affiliates.
4.2. The payments to the Affiliates should always be the sole responsibility of the Advertisers, and therefore, the Company shall not be held liable for any damages resulting from the Advertiser’s failure to pay the Affiliates fully and promptly. By accepting these Terms and Conditions, any Advertiser using the Service guarantees that the payments to the relevant Affiliates will be made fully and promptly.
The Company has no responsibility or legal power to ensure the payment of the Advertiser to the Affiliate and accepts no responsibility or liability in the event that the Affiliate fails to arrange or collect payment from the Advertiser.
4.3. The Company is solely associated with the Advertisers and, therefore, is not accountable for the interactions between the Advertisers and their Affiliates.
4.4. The Company is unable to share contact or other information of the Advertisers with the Affiliates.
4.5. Advertisers will be solely responsible for the registration of their Affiliates. This registration can be executed, for instance, through a branded registration page, as a result of which Affiliates might receive transactional emails from Tapfiliate.
4.6. The Advertiser will impose these Terms and Conditions unconditionally upon all its Affiliates and is and remains in all circumstances liable for any infringement on these terms by any Affiliate and/or any claim brought forward by one or more Affiliates.
4.7. Affiliates who have registered before a white label was activated by the Advertiser will not be able to use the custom subdomain or the domain alias to log in on the affiliate portal. As a result, they will not be able to see the custom branding. However, they will be able to promote the programs of the Advertiser, and all Affiliate links will remain active.

UPGRADING, DOWNGRADING AND TRACKING EVENTS

5.1. Tapfiliate offers different Service levels. Every Service level includes a different number of tracking events (“Tracking Events”). The Advertiser may upgrade or downgrade the Service level at any time during the Subscription Period in accordance with the terms specified herein. The change of the Service Level during the Subscription period will have immediate effect.
5.2. In the case of an upgrade to a higher Service level during the Monthly Subscription period, the monthly fee for the higher Service level will be charged minus the difference between the total amount paid for the Service level before the upgrade and the fee amount for the unused days (pro rata). In the case of an upgrade during the Annual Subscription period, the Advertiser will be charged the annual fee for the higher Service level minus the difference between the total amount paid for the Service level before the upgrade and the fee amount for the unused days (pro rata).
5.3. Downgrading your Service Level during the Monthly Subscription period is possible at any time. Downgrading your Service level during the Annual Subscription or changing from the Annual Subscription to the Monthly Subscription during the Annual Subscription period is only possible within the first 30 days from the date of the initial payment or within the last week of the annual paid Service period, by written request to the Tapfiliate Support Team. The monthly fee will be adjusted accordingly the next month of the Subscription period.
5.4. When the Advertiser upgrades or downgrades the Service Level, the new calculated rate will be automatically charged on the next billing date. The Company will charge the financial service account as provided by the Advertiser.
5.5. Downgrading the Service may cause the loss of content, features, or capacity of the Account. The Company does not accept any liability for such losses.
5.6. Whenever the number of Tracking Events exceeds the limit agreed upon for the relevant Service level during the Subscription Period, the Company will calculate the price for the surplus Tracking Events in accordance with the overage fees listed on the pricing page associated with that Service level. In such cases, the additional costs of the surplus Tracking Events will be added to the respective fee.

6. CANCELLATION AND TERMINATION

6.1. The Company may, at its sole discretion and without liability to the Advertiser, terminate, limit, suspend, deactivate or cancel the Account, refuse any and all current or future use of the Service, or any other service from Tapfiliate, with or without cause and with or without prior notice at any time. Such termination of the Service may result in the deactivation or deletion of the Account, loss of access to the Account, and the forfeiture and relinquishment of all content in the Account. The Company reserves the right to refuse service to anyone at any time for any reason.
6.2. If the Company exercises its discretion under these Terms and Conditions to do so, any or all of the following can occur with or without prior notice or explanation to the Advertiser: the Account will be deactivated or suspended, the password will be disabled, and the Advertiser will not be able to access the Service, or receive assistance from the Tapfiliate Support Team.
6.3. The Advertiser may cancel the Account at any time from the Profile Settings > Billing > Change plan. The Advertiser is solely responsible for properly canceling the Account. As the Company is not able to track unsuccessful attempts of closure, the Advertiser shall reach out to the Company regarding this matter so that the Company can ensure the Account is properly closed. Please note that if the Account is canceled, the Company does not have an obligation to delete or return to the Advertiser any content. All of the content (text and files, etc.) may be immediately deleted from Tapfiliate upon cancellation.
6.4. Should the Advertiser terminate the Account prior to the conclusion of the current Service Period, the cancellation will become effective at once, and there will be no subsequent charges to the Advertiser. The Advertiser will not have access to the account’s contents after the cancellation.
6.5. The Advertiser shall have the option to reach out to the Tapfiliate Support Team with the appropriate request for account deletion, upon which the Company will proceed to permanently remove the Account and all related data. This deletion is permanent and irreversible.
6.6. Verbal, physical, written or other abuse (including threats of abuse or retribution) of any Tapfiliate customer, employee, member, or officer will result in immediate Account termination.

7. MODIFICATION TO THE SERVICE AND PRICES

7.1. The Company reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.
7.2. Prices of all Services, including but not limited to monthly/yearly subscription service fees, are subject to change. These changes will take effect following a 30-day notice period. Such notice may be provided at any time by posting the changes on the Site.
7.3. The Company shall not be liable to the Advertiser or to any third party for any modification, price change, suspension, or discontinuance of the Service.

8. INTELLECTUAL PROPERTY

8.1. The Site and its original content, features, and functionality are owned by the Company and are protected by copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
8.2. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on the Site except as generally and ordinarily permitted through the Site according to these Terms and Conditions.
8.3. The Advertiser warrants that Content does not: (a) violate any third party’s trade secret or intellectual property rights; (b) contain material that is defamatory or obscene, that portrays any person in a false light, constitutes an invasion of any privacy right, or that otherwise violates any third party rights; or (c) violate any applicable laws and regulations.
8.4. If the Advertiser or anyone else with access to the respective Account makes any Content public, the Advertiser agrees to allow others to view and share the Content.
8.5. The Company shall have the right in its sole discretion to refuse or remove any Content that is available via the Service.
8.6. Both the Company and the Advertiser shall retain ownership of their respective pre-existing intellectual property rights and do not transfer any of their intellectual property rights within the provision of the Service.

9. DISCLAIMER

9.1. The materials on the Site are provided “as is”. The Company makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights7.2. Although the Company aims to offer the best service possible, the Company does not guarantee that (i) the Service will meet any specific requirements, (ii) the Service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the Service will be accurate or reliable, (iv) the quality of any products, the Service, information, or other material purchased or obtained by the Advertiser through the Service will meet expectations.

10. LIMITATIONS OF LIABILITY

10.1. In no event shall the Company or its employees or contractors be liable for any damages (including, without limitation, damages for loss of data or profit or due to business interruption) arising out of the use or inability to use the materials on the Site and/or the Service
10.2. In no event will the Company be liable for any consequential, special, indirect, or exemplary damages whatsoever arising out of (i) errors, mistakes, or inaccuracies of the Service, (ii) any unauthorized access to or use of our secure servers and/or any and all personal, institutional, technical or other information stored therein, (iii) any interruption or cessation of transmission to or from the Service, (iv) any bugs, viruses, Trojan horses, or the like, which may be transmitted to or through the Service by any third party, or for any loss or damage of any kind incurred as a result of the use of the Service, however, caused and under any theory of liability (including negligence), even if advised of the possibility of such damages. The Advertisers acknowledge that the amounts payable under these Terms and Conditions are based in part on these limitations and further agree that these limitations will apply notwithstanding any failure of essential purpose of any limited remedy. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.
10.3. The Company shall not be liable for any business, financial, or economic loss nor for any consequential or indirect loss (such as lost reputation, lost profit or lost opportunity) arising as a result of the use of the Service whether such loss is incurred or suffered as a result of negligence or otherwise.
10.4. Anyway, the Company’s liability will never exceed the fees paid by the Advertiser in the year immediately preceding the event causing the damages.
10.5. The Advertiser agrees that the above limitations of liability are reasonable in all the circumstances, especially in light of the fact that the responsibility for any payment to Affiliates lies solely with the Advertiser.
10.6. The access to the Service may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. The Company will attempt to restore the Service as soon as reasonably possible.
10.7. From time to time, it may be necessary to suspend access to the Service for a period of time, and any such interruptions shall not constitute a breach by the Company of these Terms and Conditions.
10.8. By using this Site and/or the Service, the Advertiser agrees that the exclusions and limitations of liability set out in these Terms and Conditions are reasonable.

11. INDEMNITY

11.1. The Advertiser hereby indemnifies the Company and undertakes to keep the Company indemnified against any losses, damages, costs, liabilities, and expenses (including without limitation legal expenses and any amounts paid by the Company to a third party in settlement of a claim or dispute on the advice of the Company legal advisers) incurred or suffered by the Company arising out of any breach by the Advertiser of any provision of these Terms and Conditions.

12. GENERAL PROVISIONS

12.1. The Advertiser understands that the Company uses third-party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
12.2. If the Advertiser’s bandwidth usage exceeds the monthly limit or significantly exceeds the average bandwidth usage, the Company reserves the right to immediately suspend the Account or throttle the file hosting until the Advertiser can reduce its bandwidth consumption or upgrade the Account.
12.3. The failure of the Company to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision.
12.4. Neither the Company nor the Advertiser will be liable to each other or be deemed to be in breach of these Terms and Conditions by reason of any delay in performing, or any failure to perform, any of their obligations, if the delay or failure was due to any event of force majeure beyond their reasonable control such as civil war and the threat of civil war, natural disasters, strikes, excessive absence of employees, transport problems, fire, government measures of a government whether in the Netherlands or elsewhere.
12.5. The Advertiser agrees that these Terms and Conditions are fair and reasonable in all the circumstances.
12.6. If the Advertiser breaches these Terms and Conditions and the Company decides to take no action or neglects to do so, then the Company shall still be entitled to take action and enforce their rights and remedies for any other breach.

13. ENTIRE AGREEMENT

13.1. These Terms and Conditions constitute the entire agreement between you and the Company and govern your use of the Service, superseding any prior agreements between you and the Company (including, but not limited to, any prior versions of these Terms).

14. ASSIGNMENT

14.1. The Company may transfer, sub-contract, or otherwise deal with its rights and/or obligations under these Terms and Conditions without notifying you or obtaining your consent.12.2. You may not transfer, sub-contract, or otherwise deal with your rights and/or obligations under these terms and conditions.

15. SEVERABILITY

15.1. If a provision of these Terms and Conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

16. GOVERNING LAW AND JURISDICTION

16.1. These terms and conditions will be governed by and construed in accordance with the laws of the Netherlands, without regard to its conflict of law provisions. Any disputes relating to these Terms and Conditions will be subject to the exclusive jurisdiction of the courts of Amsterdam.