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Terms and Conditions

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Digital Mojito Terms *
AFFILIATE AGREEMENT

THIS AGREEMENT is entered into as of the account open date (the "Effective Date"), by and between:

Digital Mojito Limited (hereinafter referred to as the "AGENCY"), a company duly organized and existing under the laws of England and Wales, with its registered office situated at 71-75 Shelton Street, Covent Garden, WC2H 9JQ, London, United Kingdom.

and 

The AFFILIATE, who has created an account on Digital Mojito's Everflow Instance and who's information is enclosed in their account details section,.

WHEREAS, the Agency is engaged in the provision of digital marketing services and desires to engage the Affiliate for promoting specified digital campaigns on its behalf;

WHEREAS, the Affiliate possesses requisite skills and resources for promoting digital campaigns and is interested in rendering such services to the Agency;

NOW, THEREFORE, in consideration of the mutual covenants contained herein and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows:

Promotion Channels:
The Affiliate shall promote the campaigns exclusively on channels that have been expressly authorised by the Agency. Any deviation from the stipulated channels shall be deemed a material breach of this Agreement.

Fraud Prevention:
The Affiliate undertakes to implement robust measures aimed at preventing and detecting fraudulent activities. The Affiliate shall promptly notify the Agency of any suspected or actual fraudulent activities concerning the campaigns.

Detection and Handling of Fraud:
Should the Agency or its advertisers detect fraudulent activity or suspect any traffic to be fraudulent, the Agency reserves the unequivocal right to suspend or scrub such traffic. The Agency shall provide a report for any suspended or scrubbed traffic, and the Affiliate hereby accedes to this provision.

Payment Terms:
The Affiliate acknowledges and agrees that the payment of commissions shall be contingent upon the Agency's receipt of payment from the final advertiser. If payment is not received, the Agency cannot pay for the traffic. The payment period from the advertiser to the Agency may range between 30 to 120 days, albeit most payments are received within 30 days. The Agency commits to exerting reasonable efforts to secure timely payments from the advertiser. A minimum pay-out threshold of £200 GBP is enforced by the Agency. Balances below £200 will be rolled over until such minimum amount is accrued. Should the Affiliate solicit an early payment for an amount less than £200, the Affiliate agrees to bear the bank transfer fees.

No Liability for Late Payments:
Although the Agency commits efforts to secure timely payments from the advertiser, the Affiliate hereby absolves the Agency from any liability arising from delays in payment attributable to late or deferred payments from the advertiser.

Lawful and Ethical Promotion:
The Affiliate covenants to promote the campaigns in a lawful, ethical, and compliant manner, in adherence to all pertinent laws, regulations, and guidelines, including but not limited to, the General Data Protection Regulation (GDPR), data protection laws, and advertising standards.

Previews Before Live Traffic:
Prior to initiating live traffic for any campaign, the Affiliate shall provide previews or mock-ups of the promotional material or strategy to the Agency for explicit approval. Failure to comply with this provision shall constitute a material breach of this Agreement and traffic will be scrubbed and the Affiliate’s account may be suspended.

Transparency:
The Affiliate commits to providing complete transparency concerning the Database names, Sub-affiliate names, Website URLs, Facebook pages, and any other promotional methods utilized for the Agency’s campaigns. Failure to comply with this provision shall constitute a material breach of this Agreement.

Re-brokering:
The Affiliate is strictly prohibited from re-brokering the campaigns from the Agency without obtaining the Agency’s explicit consent and approval. The approval process shall encompass disclosure of the sub-source name, URL, and method of promotion envisaged by the 3rd party source. Failure to comply with this provision shall constitute a material breach of this Agreement and traffic will be scrubbed and the Affiliate’s account will be suspended.

Compliance with GDPR:
The Affiliate avows to have perused, comprehended, and agreed to the GDPR Compliance Guidelines detailed in Annex 1 at the end of this agreement, and assumes full responsibility for ensuring strict compliance with these guidelines in all promotional activities executed on behalf of Digital Mojito Limited.

Non-Circumvention:
The Affiliate agrees not to, directly or indirectly, contact, deal with, or otherwise become involved with any of the Agency’s clients, advertisers, or their respective affiliates with an intention to circumvent, avoid, bypass, or obviate the Agency’s relationship with such entities, during the term of this Agreement and for a period of twelve (12) months following the termination or expiration of this Agreement. Any attempt to contravene this clause shall be deemed a material breach of this Agreement, entitling the Agency to seek all remedies available under UK law, including but not limited to, injunctive relief and damages in the form of a compensation amount based on the total revenue generated with the advertiser(s) in question over the previous 12 month period.

Other Agreements and Terms:
By accepting these terms and conditions, the parties acknowledge and agree that this agreement constitutes the complete and exclusive statement of the agreement between them, and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, relating to the subject matter herein. Even if other agreements are signed subsequently, these are the terms that shall prevail and be considered binding unless explicitly amended in writing and signed by both parties. Acceptance of these terms and conditions signifies the party's understanding that this agreement takes precedence over any past or future verbal or written agreements or understandings unless explicitly stated otherwise.

Closure of the Affiliate Account:
Non-compliance with the terms stipulated herein may precipitate the closure of the Affiliate account, reversal, or scrub of commissions payable, and full repayment of previously received commissions, depending on the severity of the case.

MISCELLANEOUS:
Entire Agreement:
This Agreement embodies the entire understanding and agreement between the parties hereto with respect to the subject matter hereof and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, concerning such subject matter.

Amendments:
Amendments or modifications to this Agreement shall be valid only if in writing and duly executed by both parties hereto.

Governing Law:
This Agreement shall be governed by and construed in accordance with the laws of England and Whales without regard to its conflict of law principles.

Dispute Resolution:
Any disputes, controversies, or claims arising out of or in connection with this Agreement shall be resolved through amicable negotiations between the parties, or failing such resolution, through legal recourse in the courts of England and Whales.

Indemnification:
The Affiliate agrees to indemnify, defend, and hold harmless the Agency, its directors, officers, employees, agents, and affiliates from and against any losses, liabilities, claims, damages, costs, and expenses, including reasonable legal fees, arising out of, or related to the Affiliate’s breach of this Agreement or any wrongful conduct associated with the Affiliate’s account.

IN WITNESS WHEREOF, the parties hereto have executed this Agreement and Annex 1 below as of the Effective Date by accepting these terms via this platform.


ANNEX 1 - GDPR COMPLIANCE GUIDELINES FOR AFFILIATES

1. INTRODUCTION:
These guidelines outline the obligations under the General Data Protection Regulation (GDPR) that Affiliates must adhere to when promoting campaigns on behalf of Digital Mojito Limited (the "Agency"). The GDPR is a regulation aimed at safeguarding the personal data of individuals within the European Economic Area (EEA) and establishes the principles of data protection that must be adhered to.

2. OBJECTIVE:
To ensure Affiliates uphold and respect the personal data rights of individuals within the EEA, and remain compliant with GDPR standards during promotional activities, maintaining the trust and confidentiality of data subjects.

3. SCOPE:
All Affiliates associated with the Agency, who handle or process personal data of individuals within the EEA during their promotional activities, must adhere to these guidelines. The guidelines apply irrespective of where the Affiliates are based.

4. KEY PRINCIPLES:

4.1 Data Integrity:
Process personal data lawfully, transparently, and fairly, ensuring alignment with clear, explicit, and legitimate purposes.
Adhere to the principle of data minimization by only collecting data necessary for the intended purpose.
Ensure data accuracy and promptly rectify or delete any inaccuracies.

4.2 Lawful Basis:
Identify and document a lawful basis for data processing as outlined in GDPR, e.g., consent, contract, legal obligation, etc.
Where consent is utilized, ensure it is clear, specific, informed, and freely given. Individuals must have the option to withdraw consent effortlessly.


4.3 Respecting Data Rights:
Uphold and facilitate the rights of data subjects including access, rectification, erasure, restriction, portability, objection, and automated decision-making, and provide clear mechanisms for individuals to exercise their rights.

4.4 Impact Assessments:
Conduct Data Protection Impact Assessments (DPIAs) for high-risk activities to identify and mitigate risks, following the guidelines provided by relevant data protection authorities.

4.5 Handling Breaches:
Notify the Agency within 72 hours of discovering any personal data breaches.
Have a process in place for notifying the local data protection authority and the data subjects, where required.

4.6 Third-Party Processors:
If utilizing third-party data processors, ensure written contracts mandate GDPR compliance and outline the responsibilities of each party.

4.7 Data Transfers:
Ensure that personal data transfers outside the EEA adhere to GDPR provisions using mechanisms like Standard Contractual Clauses (SCCs) or Binding Corporate Rules (BCRs).

4.8 Training:
Ensure continuous awareness and training on GDPR principles for staff involved in data processing, at least annually or whenever there is a significant change in data processing activities or GDPR guidelines.

4.9 Documentation:
Keep detailed records of data processing activities and make them accessible to the Agency upon request, including a description of processing activities, purposes, categories of data, data subject categories, and data retention schedules.

5. SCOPE OF THE AGENCY'S ROLE:

5.1 Guidance on Compliance:
Digital Mojito Limited is dedicated to guiding Affiliates towards GDPR compliance. While we offer guidance, the responsibility for any GDPR violations remains with the Affiliates. Affiliates are directly accountable for ensuring their operations are compliant. Any leads sourced from non-compliant methods will not be remunerated by Digital Mojito and Affiliate Account will be closed.

5.2 Approval of Promotional Materials:
Before launching any campaigns, Affiliates must present promotional material previews to Digital Mojito Limited for review and approval based on compliance with GDPR and these guidelines. Neglecting this step constitutes a breach of our agreement.

5.3 Obligation to Adhere to GDPR:
It's imperative that Affiliates drive traffic that fully aligns with GDPR standards, involving the consistent application and observance of all relevant GDPR procedures and guidelines. Neglecting this step constitutes a breach of our agreement.

Oversight of Compliance:
Digital Mojito Limited reserves the right to evaluate and oversee Affiliates' compliance with these guidelines through periodic audits and assessments. Any deviation can incur penalties, potentially culminating in the termination of the affiliate partnership.

Amendments to Guidelines:
As data protection practices and laws evolve, we may periodically refine these guidelines to remain current. Affiliates will be notified of any amendments and are expected to adhere to updated guidelines.
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