Apify Affiliate Program Terms and Conditions
Last modified date: August 25, 2023
Apify Technologies s.r.o., with its registered seat at Vodičkova 704/36, 110 00 Prague 1, Czech Republic, Company reg. no. 04788290, recorded in the Commercial Register kept by the Municipal Court of Prague, File No.: C 253224 (hereinafter referred to as “we“ or “Apify”) thanks you (hereinafter referred to as “you” or the “Affiliate”) for your interest in joining the Apify's Affiliate Program (the “Affiliate Program”). These terms and conditions (the “Affiliate Program Terms”) shall govern your rights and obligations in relation to your participation in the Affiliate Program.
- Joining the Affiliate Program
- Apify's obligations
- Referred Customers
- Payment terms
- Affiliate's obligations
You may join the Affiliate Program by creating an account on Apify's FirstPromoter portal (“FirstPromoter”). By ticking a box “I agree to the Apify Affiliate Program terms”, you claim that you are over 18 years old and agree to adhere to these Affiliate Program Terms, in addition to general Apify terms and conditions (the “Terms”) and the terms of personal data protection. If you act on behalf of a company when accepting these Affiliate Program Terms, you also hereby declare to be authorized to perform such legal actions on behalf of the company (herein the term “you” shall mean the relevant company).
2.1. Upon joining the Affiliate Program, Apify will make available to you your unique referral link (the “Referral Link”) and promotional materials, which you may use in promoting Apify's services.2.2. Apify shall pay to the Affiliate a commission (“Commision”) for referred user' use of the Platform (accessible at console.apify.com and api.apify.com, the “Platform”) according to the provisions below.
3.1. “Referred Customer” is a natural person or a company who subscribed to Apify's Platform using the Referral Link in compliance with these Affiliate Program Terms.
3.2. Tracking of the potential Referred Customer is performed by cookies lasting 60 days. If the cookies expire or are deleted, a customer may not be recognised as a Referred Customer.
3.3. If the Affiliate identifies any customer that in his opinion shall be considered Referred Customer but has not been recognised by the tracking, the Affiliate may report this information to Apify together with some evidence. Apify shall in its discretion in good faith consider the Affiliate's report and evidence and decide whether or not such customer shall be deemed Referred Customer.
3.4. In case of any uncertain or suspicious circumstances, Apify shall have the right to ultimately decide whether a customer is to be deemed Referred Customer or not.
Unless agreed otherwise, the Commission shall be computed as 20% of all payments made by each Referred Customer to Apify in the first 3 months from the date when that Referred Customer starts paying for the Services (as defined in the Terms) and then increased to 30% for all payments made by each Referred Customer to Apify up to 2,500 USD per Referred Customer.
5.1. Apify shall pay you any earned Commission monthly, within 10 business days after the end of each calendar month, based on an invoice that shall be issued to Apify. The minimum Commission payable is 49 USD. Commission in any given calendar quarter lower than 49 USD will be rolled over to the following quarter.
5.2. The Commission may be paid either via PayPal or bank transfer. The Affiliate shall specify the chosen payment method.
5.3. The invoices are generated automatically through FirstPromoter by Apify. The Affiliate shall provide and maintain up-to-date information required for this purpose on the portal. Apify may request that the Affiliate issue an invoice by a different method, if the method through FirstPromoter portal is not available (e.g. due to missing Affiliate's personal information). Apify shall not be obliged to pay any Commission until a valid invoice has been issued or generated.
5.4. Affiliate acknowledges and agrees that Apify makes no representation or guarantee of any kind regarding revenue, business, profit, or customers under this Affiliate Program Terms.
6.1. The Affiliate must not promote Apify and use its Referral Link in any of the following ways:
6.1.1. in any materials or in connection with any services that are illegal, infringing on third party rights, fraudulent, harassing, defamatory, discriminatory or violent;
6.1.2. use any paid advertisements and/or advertise via any Pay-Per-Click advertisement systems (e.g. Google Ads, Facebook Ads or Linkedin Ads);
6.1.3. bid on “Apify” keyword for any Pay-Per-Click advertisement systems (e.g. Google Ads), including any misspellings, capitalizations or the “Apify” keyword combined with any other text;
6.1.4. for self-referral , i.e. its own sign-up to Apify Platform;
6.1.5. for any illegal activity, including fraud or money laundering.
Any customer referred in breach of this clause 6.1 shall not be considered a “Referred Customer”.
6.2. For avoidance of doubt, the Affiliate shall not be an agent of Apify. Nothing in these Affiliate Program Terms shall be construed as authorization to act or make representations on behalf of Apify.
7.1. Apify hereby grants to the Affiliate a limited, worldwide, revocable, non-exclusive, non-sublicensable and non-transferable license to use Apify's trademark, logo, trade name, service names and and copyrighted material (“Intellectual Property Assets”) in its' marketing, advertising or other content while promoting Apify services in according with this Affiliate Program Terms.
7.2. The Affiliate shall not alter, modify, adapt, translate, or create derivative works from the whole or any part of the Intellectual Property Assets or permit any part of the Intellectual Property Assets to be merged, combined with, or otherwise incorporated into any other product, unless it obtained prior written consent from Apify. The Affiliate shall not use any language or display the Intellectual Property Assets in such a way as to create the impression that the Intellectual Property Assets belong to the Affiliate.
7.3. The Affiliate shall not attack, question, or contest the validity of Apify's ownership of Intellectual Property Assets.
7.4. If any infringement of any of our Intellectual Property Assets comes to the Affiliates' attention, whether actual or threatened, an Affiliate agrees to let us know as soon as possible. Affiliate also agrees to notify us of any claim by anyone that our products infringe the rights of any other person, and, at our request and expense and provide its cooperation to Apify in doing any reasonably required steps to address such claims.
7.5. Apify reserves all rights not expressly granted in this Agreement, and does not transfer any right, title, or interest to any intellectual property rights.
8.1. The Affiliate may terminate its participation in the Affiliate Program at any time and for any reason by providing Apify a written notice. Any earned Commissions during that calendar quarter when the Affiliate ceased to be part of the Affiliate Program will be paid out in the usual term after the end of that calendar quarter.
8.2. Apify may terminate the Affiliate's participation in the Affiliate Program with immediate effect if the Affiliate breaches any provision of this Affiliate Program Terms. All Commissions shall be forfeited and the Affiliate will not be entitled to any reimbursement.
8.3. Apify may terminate the Affiliate's participation in the Affiliate Program and/or the whole Affiliate Program at any time and for any reason by providing the Affiliate with at least thirty (30) days written notice. Any earned Commissions during that calendar quarter when the Affiliate ceased to be part of the Affiliate Program will be paid out in the usual term after the end of that calendar quarter.
8.4. These Affiliate Program Terms shall terminate together with the termination of the Affiliate's participation in the Affiliate Program.
We may unilaterally amend the Affiliate Program Terms. We shall notify you of such an amendment at least 30 days in advance before its effectiveness. Should you disagree with such an amendment, you may withdraw from the Affiliate Program effective as at the date of the effectiveness of the announced amendments. Otherwise you will be deemed to agree with the announced amendments.
10.1. Rights and obligations of the Parties not expressly addressed in this Affiliate Program Terms shall be governed by the Terms.
10.2. Provisions of the Terms regarding liability and indemnity are incorporated herein by reference.
10.3. These Affiliate Program Terms and the rights and obligations thereunder shall be governed by the laws of the Czech Republic. Any disputes arising here from between us shall be resolved by the courts of general jurisdiction in the Czech Republic.