SwissBucks is the "Affiliate Management Department" of VivaLead SA registered to the Companies Index of Fribourg (Switzerland) established in 2013 based at Swissbucks c/o Vivalead SA, 15 Leon-Guerchet, 1217, Geneva, Switzerland. We have set up and run an affiliation program management service based on our software platform available on the Internet at http://www.swissbucks.com.
SwissBucks puts advertisers into contact with editor websites (Publishers) that have a content and an audience that complement the advertisers’ websites, or with sellers of commercial links or mailings. SwissBucks provides Publishers with access to affiliation programs defined by advertisers and posted online on the website http://www.swissbucks.com.
When a site becomes an Publisher, SwissBucks provides it with the promotional tools needed to participate in the Advertiser's program (banners, text links, deep links, kits, products feeds…, hereafter referred to as "Promotional Tools"). Depending on the type of program, the advertiser undertakes to pay the Publishers based on various criteria (for example whenever one of the visitors of their site goes to the advertiser's website (fixed rate per click), fills out a form (fixed rate per form) or places an order (sales commission). In this context, SwissBucks records and validates the results obtained and collects the payments owed to the Publishers by the advertisers in recognition of involvement in its advertising program.
These terms and conditions are designed to establish the mandate given by the Publishers to SwissBucks. Results are recorded by a system of monitoring Internet user activity on the websites of the Publishers and the advertiser (known as "Tracking"). The SwissBucks program uses computer resources to determine if and when an Internet user moves from the Publisher's website to the advertiser's website, using the Promotional Tool placed on the Publisher's website (by clicking on it). The software also makes it possible to establish whether the Internet user has filled out a form for CPL program or whether he has made a purchase for CPA program.
PUBLISHER ADMISSION CONDITIONS
SwissBucks reserves the right to accept or reject, at its discretion and without having to give a reason, the subscription of Publishers to its platform and/or an affiliation program.
Affiliation candidates must make sure and guarantee that the website or websites in respect of which they are applying for affiliation comply with current laws and regulations, and that they do not infringe any rights of third parties, in particular as regards copyright or industrial property rights or image rights.
Subscription applications will not be considered if they come from websites that: - Do not comply with current laws and regulations and third party rights, and in particular that are of an illegal nature or that contain material of a racist or defamatory nature or that incite any form of discrimination or extremism; - Are liable to harm the image of SwissBucks or the advertisers or are simply incompatible with their commercial policy.
Websites that require a user/pass to enter or who want to promote behind a paywall will need to provide SwissBucks with the means of ensuring that their editorial content complies with the law and with the above conditions. Any significant change of the content of the Publisher's website should be notified to SwissBucks within 48 hours of the change.
Registration applications are made by completing the registration form on the website http://www.swissbucks.com/join. The prospective affiliation candidate, by applying for affiliation, certifies on his honor that he is the owner of the website domain name in respect of which he is applying for affiliation or that he holds the rights thereto and that he has the right and the capability to insert links to the advertiser's website. SwissBucks will notify the affiliation candidate that his registration has been approved or rejected by email to the address given on the application form.
Following confirmation of an Publisher's registration, the latter will have access to the promotional tools to be inserted in the pages of the website or websites. These codes must under no circumstances be modified or inserted in any other site than the one in respect of which affiliation was requested. Once the Publisher's application has been accepted by SwissBucks, the Publisher can apply for affiliation to the affiliation program offered by the advertisers on the SwissBucks website.
The Publisher is at liberty to decide whether or not to promote the various affiliation programs on offer by looking at the details posted on the SwissBucks website.
The Publisher is paid under the terms set by the advertisers in the affiliation program to which the Publisher chooses to belong. The type of payout (per click, per double click, cost per thousand, per lead or per sale) and the amounts are determined by the advertiser for each affiliation program. The payout conditions are subject to be changed by the advertiser, SwissBucks is not being held liable in this respect. Any changes of the payout conditions by the advertisers will be notified by email to the Publisher who will then have the choice whether to continue if he agrees to the payout changes or whether to stop broadcasting the program if does not agree with the new payout conditions. All payout terms and conditions are specified in each program. SwissBucks grants each Publisher access, through his SwissBucks account, to the activity report on each affiliation program that reports on operations performed on the advertiser's site via the Publisher's website and calculates the amount of payout that is owed. The Publisher's registration and the acceptance of these conditions that stems from it amount to the express acknowledgement by the Publisher that registrations made by the SwissBucks software platform resulting in the making of the report referred to the preceding paragraph, will be the sole method of proof acknowledged by the parties, and will therefore prevail for the purpose of calculating the commission owed to the Publisher. Commissions will be cancelled in the event of fraud, in particular in the case of the generating of artificial traffic towards the advertiser's website that does not correspond with actual visits by Internet users after visiting the Publisher's site, otherwise known as cookie stuffing.
CONDITIONS OF PAYMENT
Commissions shall be consolidated by SwissBucks on demand by the publishers request from the SwissBucks putout console on the basis of commission paid by advertisers to SwissBucks to that point of time. When the total amount of commission collected on behalf of the Publisher and received by SwissBucks reaches a limit of €100/$100/£100/CHF100, SwissBucks allow a request for payout. If the amount due is lower than this limit, payment shall be deferred until the figure of €100/$100/£100/CHF100 is attained. It is stipulated that SwissBucks in no way assumes the risk of non-payment by Advertisers of the commission due to Publishers, whether such non-payment results from the insolvency of the Advertiser or for any other reason. Consequently, SwissBucks shall only pay the Publisher sums it has previously received from Advertisers on behalf of the Publisher. If SwissBucks is forced to incur expenses to recover any sums due by Advertisers, these recovery costs shall be deducted from the amounts owed to the Publisher.
Fiscal status of the Publisher, If the Publisher is a private individual, and publishing is a secondary rather than primary activity, meaning that this business cannot be qualified as professional because of the low level of revenues and publishing contracts, the sums received must be declared as non-commercial profit as regards tax. If the Publisher's business becomes a primary one providing substantial revenues, the Publisher shall undertake to declare this activity to the competent bodies. This may entail the payment of tax and social contributions (incumbent on non-salaried workers).
PLEASE NOTE: private individuals are advised to take legal and tax advice to establish their obligations with regard to each particular situation.
The agreement herein is concluded for an unspecified period. It shall terminate as of right if the Publisher has ceased to participate in any affiliation programme for more than two years. The sums collected by SwissBucks shall then be paid to the Publisher if requested within 30 days of termination, if not claimed they shall be retained by SwissBucks as compensation. The contract may also be cancelled at any time by SwissBucks with notice of thirty days, after which SwissBucks shall be released from any obligations to the Publisher.
Under no circumstances may the Publisher make use of the name or trademark of SwissBucks for commercial or promotional purposes, especially for the marketing or promotion of similar or competing services. It is expressly agreed that the contract does not give Publisher any right to the program and data contained on the SwissBucks website. Program's data, governed by the intellectual property code, will remain the exclusive property of their authors.
The Publisher relieves SwissBucks of consequences of any claim by a third party or advertiser for whatever reason in relation to the content of its site. The design, staging and operation of the advertiser's affiliation program, in addition to any changes or interruptions, remain the full responsibility of the latter. The Publisher shall not produce any service, advertising or promotion for the benefit of an advertiser with whom he has been put into contact by SwissBucks, and this provision shall apply for a period of 12 months following the end of the advertiser's presence on the Publisher's site or from the end of the final transaction performed by the publisher on behalf of the advertiser.
NON-RESPECT OF OBLIGATIONS
If the general conditions herein are not respected, the parties may terminate the contract as of right after notification has remained without response for eight days. In the event of fraud, termination may be immediate and no commission registered prior to the fraud shall be paid to the publisher.
SPAM / CAN-SPAM ACT
At SwissBucks we dont allow you to spam our links in any format be it link from unowned websites, un-authorised emailing or any other spam techniques that could bring SwissBucks into disrepute.
The United States Congress has also enacted the CAN-SPAM Act and the FTC has issued its Final Rule to prescribe a mark to be included in all commercial electronic mail that contains sexually oriented materials (see the document here
). The Rule became effective May 19, 2004. Accordingly, SwissBucks has amended the Terms and Conditions governing the acceptable use of e-mail to promote SwissBucks adult websites.
If you have any questions concerning the SwissBucks mailing terms, please contact firstname.lastname@example.org
OTHER GENERAL TERMS
Affiliates may not promote any of the SwissBucks programs on sites displaying child pornography, bestiality, hate sites or sites displaying any other kind of illegal material.
Only banners designed or approved by SwissBucks may be used to promote SwissBucks sites.
Affiliates may only use SwissBucks images and videos to promote SwissBucks sites. Affiliates may crop and resize our images and videos PROVIDED the URLs and watermarks are not removed, obscured or made illegible in any way.
Affiliates permitted access to SwissBucks proprietary sites and content for the purpose of cutting clips for tubes must comply to internal regulations including free dedicated banner areas on all video pages and are limited to clips no longer than 3 minutes. Affiliates granted this access who cut clips longer than 3 minutes or do not comply to agreed upon traffic exchange terms are subject to having their account terminated and will not be able to receive revenue from sales associated with their account.
Affiliates may not place any additional watermarks on videos unless otherwise approved to do so.
SwissBucks will not accept sites that include scat, bestiality, child pornography, incest or anything else we deem inappropriate. We also reserve the right to ban and disable any accounts that include content outside of our shooting rules.
SwissBucks content may not be used to promote any site not owned by SwissBucks.
Names of celebrities may not be used to promote SwissBucks sites (with the exception of names of models appearing on SwissBucks sites). Any affiliate using Random word generators to spam search engines is absolutely responsible for checking the content of these lists. Failure to do so will result in termination of the affiliate's account and forfeiture of all earnings.
SwissBucks must be able to track the source of traffic at all times, and be able to access the pages where our banners, links and content are displayed, even if these pages are protected by a password (such as a member's section). If the affiliate refuses to cooperate, the affiliate's account will be terminated, and commissions forfeited.
You may not promote SwissBucks sites on warez sites, password sites, or any other non-adult websites unless you have received prior authorization from SwissBucks to do so.
Affiliates employing fraudulent or illegal means of generating sales or traffic, or using deceptive advertising methods, will immediately result in termination of the affiliate's account and forfeiture of all earnings.
Credit card fraud is closely monitored and will not be tolerated. Every case is reported to the credit card companies and to the appropriate authorities. In the event that any sort of mechanism to falsely generate signups is detected, we will prosecute the responsible webmaster to the full extent of the law, and, of course, the affiliate's account will be terminated and commissions forfeited.
SwissBucks is not responsible for loss due to downtime resulting from complications with hosting equipment, hardware, or technical errors.
The affiliate is responsible for providing SwissBucks with a valid e-mail address to be used for contact purposes.
Specific to the affiliate referral program: affiliates may not refer their family, friends, relatives or indeed open a second account themselves as a referral. In general, do not open more than one SwissBucks account without express permission from a SwissBucks representative.
Do not attempt to imitate any SwissBucks sites for the purpose of search engine optimization or any other reason. This includes domain misspellings, variations thereof or sending traffic via owning "sitename".net or the string of letters following the last (rightmost) ".", such as "net" in "www.example.net" .com, .net, .edu, .jp, .de, etc.
In consideration of SwissBucks providing you with affiliate program materials and the other benefits of the affiliate program, you hereby represent and warrant to SwissBucks as that your site and the content, goods and services offered through your web site do not include any material which constitutes an infringement, misappropriation or violation of any person's intellectual property rights such as copyrights, trademark rights, rights of publicity, patent rights, personal property rights, privacy rights or other rights; and that you do not include any SwissBucks trademarks or service marks, or variations or misspellings thereof, in your domain names.
SwissBucks reserves the right to terminate this agreement or program at any time, for any reason. In any case, affiliates will be notified and will be paid for all earnings generated up to that point in time, except in cases where it is determined that the affiliate has cheated by violating these terms and conditions.
APPLICABLE LAW AND JURISDICTION CLAUSES:
If the Publisher is a retailer or a company or if the Publisher resides abroad, this contract is subject to Swiss law. In case of dispute occurring in connection with this contract, both as regards its interpretation and its execution and failing an amicable agreement being reached between the parties, sole jurisdiction is granted to the Tribunal de Commerce of Friborg notwithstanding multiple defendants or the introduction of third parties, even for emergency proceedings or protective procedures, in summary proceedings or by petition. If the Publisher is a private individual residing in Switzerland, the contract is subject to Swiss law and the competent court will be determined according to the current civil procedure rules.