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Afrofiliate Terms *
PUBLISHER AGREEMENT
This Agreement is made the day set out below by and between
1. Afrofiliate LTD, London, WC2H 9QJ hereinafter referred to as
"Afrofiliate", and
2. "You" or "the Publisher"
WHEREAS
A. Afrofiliate has developed and operates a service, which allows You to earn money by placing a link on Your
website to one or several websites, connected to Afrofiliate.
B. In order to use the service You must accept the conditions of this Agreement and become authorised as an
"Publisher". Please read this Agreement carefully. By clicking on the "Register" button You accept the conditions of
this Agreement. You are not allowed to use the service if You do not accept the provisions of this Agreement.
C. You must be accepted by Afrofiliate and the company to whose Publisher Program You would like to be
registered before you can become a Publisher. You will be informed through Afrofiliate's applicable website
when You have been accepted as a Publisher.
D. Afrofiliate comply with UN and EU sanctions and do not make publisher payments in accordance with such
prevailing sanctions. Afrofiliate´s publisher support teams check and block such payments and delete such
transactions.
Now therefore, You hereto agree to the following binding terms of the agreement.
1. Definitions
The following terms when used in this Agreement shall have the following meanings:
1. "Linked Website" - means a Website to which the Publisher has placed a link on his website and which is
connected to a Publisher Program registered at Afrofiliate.
2. "Visitor" - means any person who clicks on a link placed on the Publisher's website and thereby is
connected to a Linked Website.
3. “User” - means a registered Visitor of Your website. “User data” means personally identifying data about
the User
4. "Click" - means a click by a Visitor on a link on the Publisher's website serving a Linked Website to the
Visitor's browser.
5. “Cross-device tracking” - means Afrofiliate´s tracking technology to link together Visitor´s online
behaviour, Traffic and profiles from various devices used by the Visitor.
6. "Lead" - means a Visitor who is connected to a Linked Website by the Publisher and who has completed a
definite act at the Linked Website, for example made a registration as a user.
7. "Transaction/sale" - means a Visitor who is connected to a Linked Website by the Publisher and who has
completed an agreement to buy a product, service or anything else supplied on the Linked Website.
8. "Traffic" - is a collective term for valid Clicks, Leads and Transactions/sales.
9. "Artificial Traffic" - is a collective term for invalid Clicks, Leads and Transactions, which may originate (for
example and without limitation) from: automatic openings and/or redirects, spiders, robots, adware
and/or spyware, requests in e-mail or chat rooms, script generators, placing links on other websites than
informed, the automated redirection of visitors from mistyped or misspelled domain names, Clicks which
are not generated by a browser, Clicks which are not preceded by an active act of a Visitor who wants to
reach a certain website.
10. "Publisher Program" - is a program owned and operated by Afrofiliate for a company on
Afrofiliate's website which the Publisher can join.
11. “Personal data” means all kinds of information that directly or indirectly may be attributable to a natural
person who is alive.
12. Words denoting the masculine gender include the feminine and other genders and words denoting the
singular number only shall include the plural and vice versa.
2. The Service
1. The Publisher is allowed to place links on his website to websites which have a Publisher Program
registered at Afrofiliate
2. The Publisher is allowed to place links in emails to websites which have a Publisher Program registered at
Afrofiliate if allowed in client´s program rules available at www.Afrofiliate.com. Some clients do not
accept mail marketing. It is the responsibility of the publisher to comply with all advertisers´program
rules.
3. Any Publisher Program may be amended or terminated at any time. Information about the Publisher
Programs will be available on Afrofiliate's website, www.Afrofiliate.com. The Publisher must keep
himself informed of any amendments of Publisher Programs, in particular if a registered website has
terminated its Publisher Program or changed the conditions for remuneration to Publishers. The
Publisher must comply with the requirements of the Publisher Program including in particular any
stipulations as to the nature and content of the Publisher's website and the use of third party or other
Publishers trade marks and logos.
4. Afrofiliate reserves the right to modify, amend, change or terminate Afrofiliate's service. The
Publisher will be notified of all such changes by e-mail or by an announcement on Afrofiliate's website.
If the Publisher does not accept the changes the Publisher must immediately cease to use the service and
delete all links to Linked Websites.
5. The service is structured in a way where (i) Afrofiliate, as a Sub-Processor, processes data on behalf of
Advertisers; and (ii) Afrofiliate, as a Sub-Processor, appoints the Publisher as a sub-processor.
Afrofiliate’s appointment of the Publisher as sub-processor is further regulated in section 9 below.
3. Obligations of the Publisher
1. The Publisher is solely responsible for his website and its contents and shall ensure that they conform at
all times to all applicable laws and regulations.
2. The Publisher hereby undertakes to comply with all applicable EU- and national laws and regulations in
force from time to time including, but not limited to, the EU-directive (2002/58/EC) and the General Data
Protection Regulation (EU 2016/679).
3. The Publisher shall inform Visitors about the use of third party cookies, cross-device tracking and other
tracking technologies, in addition to any hashing and transfer of User login and other User data to
Afrofiliate for cross-device tracking and personalized interest based advertising. The Publisher shall
post a prominent link to the Publisher’s privacy policy which shall provide detailed information about such
processing and an explanation as to how it can be disabled. Subject to applicable data protection
legislation, The Publisher must gain Visitors’ consent to such data processing. The Publisher shall also
inform Visitors about the possible transfer of their personal data from an EEA country to third countries
and must also gain Visitors’ consent to such transfer of personal data. The Publisher shall ensure that
User login, other User data and other information used for cross-device tracking will be securely hashed
before being transferred to Afrofiliate. Minimum requirements for Publisher notification will be
provided in Afrofiliate´s valid Privacy policy.
4. If the Publisher is a private individual, he must be at least 18 years of age. If the Publisher has not reached
the age of 18 a parent must give his consent to the registration to Afrofiliate's service and the
registration of a Publisher below the age of 18 without parental consent will be ineffective.
5. The Publisher warrants that the information furnished to Afrofiliate about himself and his website is
correct, complete and sent in due order and that the information corresponds to actual facts. The
Publisher must notify Afrofiliate immediately of any changes in the information by updating the
information about him on Afrofiliate's website. If the Publisher is a limited company Afrofiliate
must be provided with the Publisher's full registered name, company registration number, registered
office, trading address if different and VAT number if registered.
6. The Publisher warrants either that the rights to all information and content on the Publisher's website
belong to the Publisher or that the owner of the rights to the information and content on the Publisher's
website has given his explicit permission to their publication there. The Publisher also warrants that the
information and content on the Publisher's website do not infringe any rights of third parties, including
Intellectual Property Rights, and that such information and content is not offensive, prohibited or
questionable in any way. Examples of such content are, but not limited to, pornography, racism and hate
content, Peer2Peer and file sharing.
7. The Publisher must not in any way generate or contribute to generating Artificial Traffic to Linked
Websites.
8. The Publisher must notify Afrofiliate immediately of any known or suspected improper or wrongful
use of the Publisher's links to Afrofiliate's website and/or a Publisher Program or of Afrofiliate's
service in any way whatsoever.
4. Obligations of Afrofiliate
1. Afrofiliate undertakes to monitor and register the Traffic generated by the Publisher's website to
Linked Websites, in accordance with the service provided by Afrofiliate.
2. Afrofiliate will collect and pay to the Publisher all amounts due to him arising from this Agreement.
5. Remuneration
1. The conditions of remuneration for each Publisher Program are published on Afrofiliate's website and
shall apply at all times. They are specified in the publisher program details in the publisher interface. The
Publisher therefore agrees to "self-billing", which means that Afrofiliate will create the invoice on
behalf of the Publisher. VAT (if applicable) is added to the remuneration shown on Afrofiliate's
website.
2. Subject to clause 5.3, payment of accumulated remuneration to the Publisher shall be made monthly in
arrears provided that the Publisher has generated valid Traffic and that Afrofiliate has received
payment from each company with whose Publisher Program the Publisher has registered.
3. Payment of remuneration will only be made if the Publisher is due an amount of at least £30/€50/$50
or the corresponding amount in another currency (“Threshold amount”) and if Afrofiliate has received
full payment for these transactions at the time of payment. An amount due of less than the Threshold
amount will be accumulated to the next payment and will be included in the amount to be paid out at the
next payment date, again provided that the minimum amount of at least the threshold amount .
Accumulated amounts do not accrue any interest.
4. Nothing in this Agreement shall create or be deemed to create, a partnership or relationship of employer
and employee between Afrofiliate and the Publisher.
5. Payment will be made either by Afrofiliate AB or by Afrofiliate’s local subsidiaries.
6. Payment to the Publisher will be made direct to the Publisher's bank account. The Publisher must specify
on Afrofiliate's website details of his bank account (including name and branch of the bank, sort code
of the branch and the Publisher's account number).
7. The Publisher is responsible for the payment of all tax and national insurance payable on any payments
made to him by Afrofiliate.
8. Afrofiliate reserves the right to write off remuneration where an Affiliate program is closed, where the
Publisher has been suspended from the Affiliate program or from Afrofiliate’s network, or if the
Publisher’s account has been inactive for a period of more than 12 months.
6. Limits on Afrofiliate's Liability
1. Afrofiliate cannot guarantee or warrant the performance of Afrofiliate's service or the links to any
linked websites.
2. Afrofiliate shall not be liable for costs and damages incurred by the Publisher arising out of this
Agreement unless caused directly by the negligence of Afrofiliate in providing its service. Afrofiliate
shall not in any circumstances be liable for indirect or consequential damages and costs incurred by the
Publisher for any reason whatsoever.
3. Afrofiliate will not be liable for defects in the service, interruptions in the accessibility to the service,
infringements on data or loss of data on the information handling system, defects in the security system
or viruses or other harmful software components in Afrofiliate's service or for any damage caused by
viruses or components to the service, the Publisher software and/or the Publisher's website. Afrofiliate
shall not be liable for any error in the implementation of the links on the Publisher's website or for the
specified function of the links.
4. Afrofiliate shall not be liable if companies, which have registered Publisher Programs at Afrofiliate,
do not fulfil their obligations according to their Publisher Programs and Afrofiliate shall not be liable in
any way for any agreements made directly between the Publisher and such companies.
7. Terms and Termination
1. This Agreement shall come into force upon Your acceptance as a Publisher and shall remain in effect until
terminated.
2. The Publisher is entitled to terminate this Agreement with immediate effect at any time. The Publisher
must cease to use the service immediately upon the termination of this Agreement and delete all links to
Linked Websites.
3. Afrofiliate is entitled to terminate this Agreement and/or suspend the Publisher from Afrofiliate's
service or from a certain company's Affiliate Program if:
1. Afrofiliate considers the Publisher or the content of his website inappropriate in any way.
2. Afrofiliate is requested to do so, for any reason, by a company to whose Affiliate Program the
Publisher is registered.
3. The Publisher acts fraudulently or illegally in any way or the Publisher generates or tries to
generate Artificial Traffic to Linked Websites or the Publisher in any other way breaches any of
the provisions of this Agreement.
4. The Publisher does not comply with any law or regulation as set out in section 3.2
5. The Publisher has not generated any Traffic for a period of three (3) months.
6. Upon suspension of the Publisher from a particular company's Affiliate Program, the Publisher
shall immediately delete all links to that particular company's website.
7. Upon termination of this Agreement, Afrofiliate shall inform the Publisher immediately
through Afrofiliate's website and the Publisher shall immediately cease to use the service
and delete all links to Linked Websites.
8. The publisher is not allowed to perform security scan and/or penetration testing without the
authorization in writing of a Afrofiliate’s representative, in any case the authorization given
can be used only in the time range specified in the authorization itself, or if this is not specified it
can be used only for a single continuative period of the maximum of seven (7) days from the
date in which the authorization is provided. The publisher will be reliable for any damage, loss or
missed income from Afrofiliate.
9. The publisher shall not use any kind of scripting and/or automation to access to the
Afrofiliate website and/or Afrofiliate interface, this rule does not apply to Report API
called using an authentication key in the URL and/or to other API services made expressly to be
accessed through scripts and automation.
10. The publisher must use the APIs and interfaces provided by Afrofiliate in a reasonable
manner, the service should not be abused in terms of number of requests. Afrofiliate has
the solely decision of considering case by case if the number of request and the usage of the
service is incommensurate for the specific Publisher, and if so Afrofiliate reserve the
possibility to limit and/or deactivate the publisher account.
8. Indemnity
The Publisher shall keep Afrofiliate indemnified against any claims for damages or other claims for
compensation arising from the contents of the Publisher's website or any incorrect information given to
Afrofiliate by the Publisher. The Publisher shall also compensate Afrofiliate for any other damages or costs
caused by the Publisher's improper, negligent or unauthorised use of Afrofiliate's service and technical
problems or loss of data caused by the Publisher on Afrofiliate's website or on any website to which the
Publisher is linked by Afrofiliate.
9. Handling of personal data
 1. The purpose of the processing of Personal data is to advertise through Afrofiliate’s Publisher network as
further detailed in this Agreement. The categories of data subjects that may be included in relation to the
processing are individuals who actively request redirection to Advertiser. The categories of Personal data that may
be processed are contact details such as cookie ID, IP number and order number.
 2. Afrofiliate shall immediately and in writing notify Sub-Processor of all circumstances that may arise which may
involve the need to change the way in which Sub-Processor processes Personal data.
 3. Sub-Processor has the following obligations;
 - shall only process Personal data on behalf of, and for the benefit of, Advertisers. Furthermore, the process shall be
for the purposes stated above and in accordance with the instructions provided by Afrofiliate, and only in order
to fulfill Sub-Processor’s assignment hereunder;
 - shall ensure that every person who has access to the Personal data covered by this Agreement complies with this
Agreement, including the obligation to only process the personal data in accordance with the instructions given by
the Afrofiliate;
 - shall not transfer or give access to Personal data to any third party without Afrofiliate’s and/or Advertisers’
explicit prior written approval unless there is a legal obligation for Sub-Processor to do so;
 - shall not engage sub-contractors to perform all or part of the processing of Personal data (including access to)
unless Afrofiliate has given its prior specific written approval;
 - undertakes to ensure that Personal data are stored and processed only within EU/EES.
 - shall ensure that every person with permission to process Personal data is under obligation of confidentiality in a
binding agreement applicable to all information processed by Sub-Processor under this Agreement. Access to
Personal data may only be granted to persons who needs such access to the data in order to carry out their duties;
 - shall promptly notify Afrofiliate of any security incidents where such incidents have resulted in accidental or
unlawful destruction, loss, alteration, unauthorised disclosure of or access to the Personal data covered by this
Agreement. If it is likely that a personal data security incident involves any risk related to the privacy of data
subjects, Sub-Processor shall immediately after when Sub-Processor has gained knowledge of the security incident,
take sufficient remedial actions in order to prevent or mitigate the security incident’s possible negative effects. In
those cases where a security incident shall be reported to the supervisory authority, Sub-Processor shall promptly
cooperate with Afrofiliate and Advertisers in gathering the relevant information that is requested and to
cooperate with the supervisory authority. Sub-Processor shall assist Afrofiliate in fulfilling Advertisers’
obligations towards data subjects and assist Afrofiliate to facilitate the exercise of data subjects’ rights such as
the rights of correction and removal of data, data portability etc. in accordance with the applicable data protection
legislation;
 - undertakes to when the Agreement has been terminated or otherwise expired, to return and/or delete or destroy
all Personal data covered by the Agreement;
 - shall make sure that Afrofiliate and Advertisers have the possibility to at Sub-Processor’s location(s) and/or its
possible sub-contractor(s)´ location(s), investigate that Sub-Processor and its possible sub-contractors, obey to all
provisions according to this Agreement and the applicable data protection legislation;
 - is responsible for that the Personal data always are treated with confidentiality and that it has established,
implemented and maintained technical, physical, administrative and organisational security measures, that are
suitable considering the risk that is associated with the processing of the personal data in regard to data subjects’
rights and freedoms, and for Advertiser’s business, all in accordance with Afrofiliate’s instructions. All security
measures shall be at least equal to the level which the competent supervisory authority typically requires for
equivalent processing activities;
 - shall particularly ensure that the Personal data is protected against any actual, suspected or anticipated threats to
the security and integrity of Personal data such as accidental or unlawful destruction, loss or change, unauthorised
disclosure of or access to Personal data and other Personal data breaches.
10. Assignment of the Agreement
The Publisher may not assign or pledge his rights or obligations under this Agreement in whole or in part to any
third party without the prior written consent of Afrofiliate. The Publisher agrees that Afrofiliate may assign
its rights and obligations under this Agreement and divulge or transfer information about the Publisher's website, email etc. to any third party.
11. Consent
The Publisher consents to the publication of the Publisher's name and web address etc. at Afrofiliate's website.
12. Severability
If any provision of this Agreement or part thereof should to any extent be or become invalid or unenforceable, the
parties shall agree upon any necessary amendment of the Agreement in order to achieve the interests and
objectives of the parties prevailing at the time of execution of the Agreement.
13. Intellectual Property Rights
Afrofiliate owns all copyrights, trademarks, intellectual property rights, know-how or any other rights connected
to the service or software necessary for the service. The Publisher does not acquire any rights or licences
whatsoever under this Agreement other than to use links to Linked Websites on the terms of this Agreement.
14. Applicable Law
1. Afrofiliate shall not be liable for the legality of Afrofiliate's service in countries other than the
country/ies in which Afrofiliate provides the service. The Publisher is solely responsible for the legality
of the use of the service if the Publisher is registered to Afrofiliate's service from a country other than
the country/ies in which Afrofiliate provides the service or if the Publisher's website is on a server in a
country other than the country/ies in which Afrofiliate provides the service.
2. This Agreement shall be governed by, and construed in accordance with the laws of The United Kingdom.
3. If any dispute arises out of this Agreement the Parties will attempt to settle it by mediation in accordance
with the Model Mediation Procedure of the Centre for Dispute Resolution ('CEDR') or such other mediation
procedure as the parties may agree in writing.
4. To initiate the mediation one Party must give notice in writing ('the ADR Notice') to the other Party
requesting a mediation in accordance with this clause. The mediation is to take place not later 28 days
after the giving of the ADR Notice. If there is any issue upon which the Parties cannot agree within 14 days
after the giving of the ADR Notice, CEDR (or such other mediation body as the Parties may have agreed)
will, at the request of either Party, decide the issue for the Parties, having consulted with them.
I agree to Afrofiliate's Terms of Service, as applicable.
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