Terms of Service

AFFILIATE PROGRAM TERMS AND CONDITIONS

1. ABOUT AGAINSTDATA

AgainstData (operated by DATA INITIATIVE SRL) is a privacy-first platform designed to help users declutter their inboxes and reclaim their digital identity. Our tools allow users to:

• Unsubscribe from unwanted mailing lists instantly.
• Bulk-delete old, space-consuming emails.
• Exercise Data Rights by sending automated deletion requests to companies holding their personal info.

We are excited to partner with you to help more people achieve a "clean slate" for their data and their inbox. By participating in this Program, you are helping your audience protect their privacy while earning a commission for every new user who chooses a paid plan.

2. THE PARTNERSHIP (OUR PROGRAM)

This Affiliate Program Agreement (the "Agreement") is a legal contract between DATA INITIATIVE SRL ("AgainstData," "we," "us") and you ("Affiliate," "Partner"). It sets the ground rules for our collaboration.

By using your unique affiliate link or participating in the program, you’re letting us know you’ve read, understood, and agreed to these terms. If you don't agree with them, please don't use the affiliate links.

Note: Because we value your time, we typically operate on an invitation-only basis. Once we’ve reached out and you’ve started, these terms apply to our entire working relationship.

3. DEFINITIONS (SO WE’RE ON THE SAME PAGE)

To keep things clear, here is what we mean when we use these terms:

• Affiliate Program: The specific marketing partnership managed by AgainstData through the Rewardful platform.
• Affiliate Link: Your unique tracking URL provided via Rewardful. This link uses a 60-day cookie to remember who you sent our way.
• Cookie Duration: Our 60-day tracking window. If a user clicks your link, you "own" that referral for 60 days. If they subscribe anytime during those 60 days, you earn the commission.
• Affiliate Lead: Anyone who clicks your Affiliate Link but hasn't paid for a subscription yet.
• Referred Customer: A unique user who has never had an AgainstData account before and signs up via your Affiliate Link.
• Qualified Transaction: A successful payment for a subscription that isn't fraudulent, isn't a self-purchase, and isn't refunded within our 30-day grace period.
• Commission: The fee we pay you for each Qualified Transaction.
• First-Touch Attribution: This is our "thank you" for being the one to introduce a user to us. If a user clicks your link first, you own that lead for 60 days, even if they later click another affiliate's link before buying.
• Net-30: Our payment cycle. This means we process your payout 30 days after the end of the month in which the commission was cleared.
• Payout: The actual transfer of your earned Commissions to your PayPal account.

4. JOINING THE PROGRAM (INVITATION ONLY)

We like to keep our circle small and high-quality. Because of this, our program is invitation-only.

4.1. The Onboarding Process

Once we’ve reached out to you and you’ve accepted our invitation via Rewardful, you’re nearly there. By moving forward, you’re confirming that:

• You are "You": The information you provide (name, email, company) is accurate and up-to-date.
• You are a Pro: You are legally able to enter into this contract (usually meaning you’re 18+ and authorized to represent your business).
• You have a Platform: You own or manage a legitimate newsletter, website, or channel that aligns with AgainstData’s values.

4.2. Final Approval

Participation officially begins once we’ve activated your account in Rewardful. We reserve the right to request a quick "look under the hood" of your promotion placement at any time to ensure we’re both staying compliant and on-brand.

5. THE RULES OF THE ROAD (DO’S & DON’TS)

To maintain the high standard of the AgainstData brand, we ask all partners to follow these guidelines.

5.1. THE "GREEN LIGHT" (WHAT TO DO)

• Provide Business Details: Send us your full company name (or legal name), registered address, tax ID (if applicable), and a valid contact email.
• Be Truthful: Promote AgainstData using honest, professional language. Stick to the features and benefits we actually provide.
• Approved Channels: You are authorized to promote us via your Website, Newsletter, and specifically your Unsubscribe Confirmation flow.
• Use Our Assets: Only use the brand assets, marketing materials, banners, copy, messaging guidelines and links provided by us.
• Transparency & Disclosure: We value honesty as much as privacy. To stay compliant with consumer protection laws (like the FTC and EU Directives), please clearly disclose your affiliate relationship to your audience. It doesn't have to be formal, something as simple as: "This link helps support our newsletter at no extra cost to you" or "If you sign up through this link, I may earn a small commission at no extra cost to you" works perfectly.
• Maintain Your Account: Keep your Rewardful profile and PayPal details up to date. If we can’t reach you or pay you, the commission stays in "limbo."
• Compliance: Keep your own Privacy Policy updated to reflect that you use affiliate tracking cookies (like Rewardful’s).

5.2. THE "RED LIGHT" (PROHIBITED ACTIVITIES)

• No Friction: In your "Unsubscribe Flow," you must never make it harder for a user to unsubscribe from your newsletter. AgainstData must be a helpful suggestion, not a hurdle.
• No Brand Bidding: You are strictly prohibited from bidding on "AgainstData," "Against Data," or any variations in Google Ads, Bing Ads, etc. We monitor these keywords daily.
• No Deceptive Tactics: This includes "cookie stuffing," using "iframes" to set cookies, or any technique that tracks a user without a conscious click.
• No Middleman Scaling: Do not use paid ads or third-party "coupon/deal" sites to drive traffic to your link.
• No Self-Referrals: You cannot use your own link to purchase a subscription for yourself, your family, or your own business entities.
• No Spam: Do not use our brand in any unsolicited bulk emails (spam).
• No Misrepresentation: Do not suggest any endorsement beyond the affiliate relationship. You are an independent partner, you are not an employee, agent, or official spokesperson of AgainstData, and you must not imply that AgainstData officially endorses your specific content or business.

5.3. INVOICING & PAYMENTS

• Invoice on Demand: For the current phase of our program, commissions will only be paid upon receipt of a valid invoice sent to our designated email.
• Future Automation: We reserve the right to switch to "Self-Billing" or "Managed Payments" via Rewardful in the future. We will notify you via email if and when this transition occurs.

6. COMMISSIONS & PAYOUTS

6.1. The Commission Model (40% One-Time)

We offer a high-reward, one-time commission for every new customer you bring to AgainstData:

• The Reward: You earn 40% of the Customer’s first successful payment.
• Examples: If a customer starts an annual subscription for €100, you earn €40. If they start a monthly subscription for €10, you earn €4.
• No Recurring/Upgrades: Commission applies only to the first transaction. You do not earn commissions on monthly renewals, plan upgrades, or future add-on purchases.

6.2. Qualifying for Commission

To earn a commission, the following conditions must be met:

• First-Touch Credit: The customer must click your link first (within the 60-day cookie window).
• New Customers Only: The user must be a first-time AgainstData subscriber.
• The 30-Day Holding Period: The customer must remain active and not request a refund or initiate a chargeback for at least 30 days after their purchase.

6.3. Payout Schedule & Rules

• Minimum Payout: €50 EUR. If your balance is lower, it rolls over to the next month.
• Timeline (Net-30): Payments are processed 30 days after the commission is validated (the end of the holding period).
• Method: All payments are made via PayPal.
• Fees & Taxes: You are responsible for any PayPal transaction fees, currency conversion costs, and your own local tax/VAT obligations.

6.4. Clawbacks & Disqualifications

We reserve the right to deny, cancel, or "claw back" commissions for:

• Refunded Orders: Any transaction that is refunded or disputed.
• Policy Breaches: Any violation of the "Do's and Don'ts" (e.g., brand bidding or spam).
• Fraud: Any suspicious or bot-driven traffic.

Note: Breaching these terms may result in immediate termination of this Agreement and forfeiture of all pending commissions.

7. TRANSPARENCY & TRACKING (REWARDFUL)

7.1. Your Dashboard

We believe in full transparency. All your clicks, leads, and commissions are tracked in real-time through Rewardful, our third-party affiliate management platform. You will have 24/7 access to your own dashboard to monitor your performance and pending payouts.

7.2. How We Track (Privacy-First)

To ensure you get the credit you deserve, Rewardful uses first-party cookies.

• The Process: When a user clicks your link, a small cookie is placed in their browser. This cookie "remembers" you for 60 days.
• The Benefit: If the user leaves our site and returns directly to sign up a week later, Rewardful still recognizes them as your referral.
• Attribution: As a reminder, we use First-Touch Attribution. The first affiliate link the user clicks is the one that earns the commission.

7.3. Your Disclosure Obligation

Because we are a privacy-focused company, we require our partners to be transparent with their audience. You agree to:

1. Disclose the Cookie: Ensure your website/newsletter privacy policy mentions the use of affiliate tracking cookies.
2. Disclose the Link: Inform your users that you may earn a commission if they sign up through your link.

8. INTELLECTUAL PROPERTY (BRAND PROTECTION)

8.1. Limited License

We want you to look good while promoting us! We grant you a limited, non-exclusive, and non-transferable license to use the AgainstData trademarks, logos, and creative assets provided to you by us.

8.2. Usage Rules

To keep our brand consistent, you agree to:

• Use as Provided: Do not modify, stretch, recolor, or alter our logos or banners.
• No Confusion: Do not use our brand name in a way that suggests you are AgainstData. This includes creating social media accounts, domains, or business names that include "AgainstData" or could confuse a user into thinking they are communicating with our official support team.
• Purpose-Driven: These materials are to be used solely for the purpose of this Affiliate Program.

8.3. Termination of License

This license is only active as long as this Agreement is in force. If our partnership ends, you must remove our branding and Affiliate Links from your platforms within 2 days.

9. KEEPING SECRETS (CONFIDENTIALITY)

9.1. What is Confidential?

While you are encouraged to actively promote AgainstData, certain proprietary information shared during your participation in the Affiliate Program must remain strictly confidential. You agree to keep the following information private:

• Internal Data: Your specific conversion rates, sales volumes, and performance metrics within our program.
• The "Roadmap": Any early looks at new features, pricing changes, or marketing strategies we share with you before they go public.
• Business Terms: Any special commission rates or custom deals we’ve negotiated specifically with you.

9.2. Exceptions

This doesn't apply to information that is already public, or if you are legally required by a court to share it (though we’d appreciate a heads-up if that happens!).

9.3. Survival of Obligations

All confidentiality requirements remain legally binding after the partnership ends to protect the interests and sensitive data of both AgainstData and the Affiliate.

10. DATA PROTECTION & PRIVACY

10.1. Our Shared Commitment

As a privacy-first company, we expect our partners to treat user data with the same respect we do. Both parties agree to comply with all applicable data protection laws, including the General Data Protection Regulation (GDPR) and the ePrivacy Directive.

10.2. Your Responsibilities as a Partner

You are the "Data Controller" of your own platform (your newsletter or website). You agree to:

• Lawful Basis: Only send traffic to AgainstData from users who have given valid consent or where you have a clear lawful basis to do so.
• Cookie Transparency: You must inform your users that clicking an Affiliate Link will place a 60-day tracking cookie (provided by Rewardful) on their device for the purpose of attributing commissions.
• No Data Scraping: You must not use any automated means (bots, scrapers) to collect personal data from our site or use harvested email lists to promote our services.

10.3. Responsibility for Data Processing

To the extent that the use of Affiliate Links or tracking scripts involves the joint determination of the purposes and means of processing, the parties acknowledge:

• The Affiliate’s Phase: You are solely responsible for ensuring a lawful basis (such as consent) for the collection and transmission of data from your platform to our tracking provider. This includes providing clear notice about our tracking cookies.
• AgainstData’s Phase: We are solely responsible for the processing of personal data once it reaches our servers and for the management of the subscription service.
• Liability: You agree to indemnify AgainstData against any third-party claims or regulatory fines arising from your failure to obtain proper consent or provide required disclosures on your own platform.

10.4. Right to Verify

Because our reputation is built on privacy, we reserve the right to request a brief summary or screenshot of how you obtain user consent and how you disclose our tracking cookies. If your practices don't meet our standards, we may suspend your account until they do.

11. TERM & TERMINATION (SAYING GOODBYE)

11.1. How Long This Lasts

This Agreement starts the moment you accept our invitation and continues until either of us decides to end the partnership.

11.2. Ending the Partnership (No Hard Feelings)

• By You: You can leave the program at any time by sending us an email. Termination will be effective 15 days after we receive your written notice.
• By Us: We may end our Affiliate Program or your specific participation for any reason (or no reason at all) by providing you with 15 days' written notice. We want to give you time to swap out your links!

11.3. Immediate Termination (For Cause)

We reserve the right to terminate this Agreement immediately and without notice if:

• You breach any part of this Agreement (especially the "Do’s & Don’ts").
• You engage in any activity that, in our sole opinion, damages the reputation of AgainstData or our users' privacy.
• You become inactive (no clicks or sales) for a period of 6 consecutive months.

11.4. What Happens Next?

Once the Agreement is terminated:

• Stop Promoting: You must immediately remove all Affiliate Links and AgainstData branding from your platforms.
• Final Payout: If the termination was "No-Fault," we will pay all valid, earned commissions.
• Forfeiture: If we terminated for a breach of contract (like fraud or brand bidding), any pending or unpaid commissions are strictly forfeited.

12. THE LEGAL PROTECTIONS

12.1. Your Promises to Us (Representations & Warranties)

By participating, you confirm that:

• Authority: You have the full legal right to enter this Agreement.
• Ownership: You own or have the legal right to use the newsletters/websites where you place our links.
• Compliance: Your marketing activities do not violate any laws (including privacy laws, CAN-SPAM, or consumer protection acts).
• Originality: Your content doesn't infringe on any third-party intellectual property or privacy rights.

12.2. Protecting Us (Indemnification)

If AgainstData gets sued, fined, or faces legal costs because of your actions, you agree to "indemnify" us. This means you will cover all our legal fees, damages, and settlement costs related to your breach of this Agreement.

12.3. Our Limits (Limitation of Liability)

To the maximum extent permitted by law:

• "As-Is" Service: We provide the Affiliate Program and the AgainstData platform "as-is." We don't guarantee that our tracking will be 100% error-free or that you will earn a specific amount of money.
• The Cap: Our total liability to you for any claim related to this Program is limited to the total commissions paid to you in the 12 months immediately preceding the claim. We are not liable for "lost profits" or indirect damages.

12.4. Governing Law & Disputes

This Agreement is governed by the laws of Romania. Any disputes that we can't settle over a friendly email will be resolved exclusively by the competent courts in Bucharest, Romania.

12.5. General Provisions

• Independent Contractors: We are partners, not employers/employees. You pay your own taxes and set your own hours.
• No Assignment: You can't "sell" or transfer your affiliate account to someone else without our written permission.
• Severability: If a judge decides one sentence of this contract is invalid, the rest of the contract stays in full force.

13. AMENDMENTS & PRODUCT CHANGES

13.1. Updating These Terms

We may update or modify this Agreement from time to time to reflect changes in the law or our business practices.

• Notice: If we make a "material" change (like changing your commission rate or payment schedule), we will notify you via email at least 15 days before the change takes effect.
• Acceptance: If you keep using your Affiliate Links after those 15 days, it means you accept the new terms. If you don't agree, you can simply stop using the links and terminate the Agreement.

13.2. Product & Service Changes

AgainstData is constantly evolving. We reserve the right to modify, suspend, or discontinue any feature, plan, or the entire service at our discretion. While we’ll try to give you a heads-up, we aren't liable for any "lost" potential commissions resulting from these changes.

14. HOW WE STAY IN TOUCH (NOTIFICATIONS)

14.1. Official Channels

All formal communications, legal notices, or updates to this Agreement will be made electronically. We will use the email address you provided, and you can reach us at data@againstdata.com

14.2. Deemed Received

An email notice is considered "delivered" and "received" the moment it is sent, provided no "delivery failure" notification is received by the sender. It is your responsibility to keep your contact email up to date and to check your inbox (and spam folder) regularly.

14.3. Informal Chat

For day-to-day questions, support, or marketing tips, we may reach out via Rewardful’s internal messaging or other casual channels, but legal or financial changes will always be sent via email.