Welcome to the software as a service Splick (“Service”), operated by Splick AB, company registration number 559268-8302 (Splick, “we” or “us”).
When an individual or a company that wish to use the Service to participate in a promotion (“Affiliate”) provided by an advertiser (“Advertiser”) register a user account in the Service, the Affiliate accepts the general terms below (“General Terms”).
Please note that Splick may change the General Terms without notifying the Affiliate in advance. Changes in the General Terms will be announced in the Service. By continuing to use the Service after such announcement, the Affiliate accepts the updated General Terms.
Splick operates the Service in accordance with the General Terms and applicable law. The Service is provided as a “Software as a Service”. Through these General Terms, the Advertiser is granted a license to use the Service online during the agreement period.
The Service is provided on an “as is” basis. Splick makes no warranty, whether expressed or implied, regarding specific results, the Service or the suitability of the Service.
Splick does not guarantee continuous or uninterrupted access to the Service. The Service may at any time be disrupted or affected by external factors, whether beyond our control or depending on necessary development of the Service or measures to address deficiencies in the Service. We do not warrant the functionality or availability of the Service.
The Advertiser shall only use the Service for its intended purpose and not for any other purpose. The Advertiser shall, when using the Service, at any time follow our instructions as well as applicable law and regulations. The Advertiser agrees not to use the information accessed through the Service for any other purpose than the purpose of the Service.
The Advertiser undertakes to leave truthful and accurate information concerning the Advertiser, offers or promotions, including any supporting documents that the Advertiser provides to the Affiliate in the Service. By making information available in the Service, the Advertisers guarantee that the Advertiser has the right to make such information available and that such information does not violate law or infringe in any third party’s right.
The Advertiser acknowledges that the Service is only a platform for connecting the Advertiser and the Affiliate. Splick accepts no responsibility for the Affiliate’s commitments or acting in the Service or towards the Advertiser.
The Advertiser has no right to enter into an agreement with an Affiliate outside the Service regarding a Promotion (as defined below) that has been published in the Service, during a period of twelve (12) months after the publication of the Promotion. The Advertiser agrees through these General Terms not to contact Affiliates through the Service to initiate cooperation outside the Service regarding published Promotions.
The Advertiser may not copy, decompile, decrypt or otherwise make changes to the Service. Further, the Advertiser may not use the Service in a manner that may result in transmission, distribution or uploading of material containing malware, including but not limited to viruses, worms and trojan horses, spyware and other potential malicious programs, material and information.
We reserve the right to, during the agreement period, change, update, add new functionality and / or delete certain functionality in the Service. While implementing these actions according to this clause 4.1, we have the right to limit the access to or suspend the Service. However, we undertake, to the extent possible, to attempt to schedule any change and maintenance work at such time and to carry out the work in such a manner as to cause the least inconvenience to the Advertiser.
We reserve the right to suspend or restrict access to the Service, including removing user accounts, if we consider the activity of the account disturbing, not suitable according to our guidelines and policies, if we have reason to suspect that the Advertiser’s use of the Service may cause damage to us or any other part or if Splick for any other reason consider it appropriate. The right to suspend or restrict access includes but is not limited to situations when we have reason to suspect that the Advertiser is using the Service for other purposes than the purpose agreed upon or if unauthorized users have been given access to the Service.
We shall suspend or restrict access to the Service only to the extent that it can be considered reasonable in relation to the circumstances in each individual case. The Advertiser shall receive information as soon as possible when the access to the Service has been suspended or restricted by a notification in the Service or by message to the Advertiser.
During the agreement period and thereafter, the Advertiser grants us an unlimited right to use the technical information and statistics generated by the Advertiser’s use of the Service for providing and developing the Service. The information may only be used provided that Splick anonymizes the information and uses it at an aggregated level.
An Advertiser may initiate a marketing cooperation (“Promotion”) by publishing such Promotion in the Service. For each Promotion the Advertiser shall specify the conditions applicable for the Promotion as [give examples of conditions]. The Affiliate can thereafter notify the Advertiser of its interest to participate in the Promotion through its account in the Service. The Advertiser may either accept or deny the Affiliates participation in the Promotion. By publishing a Promotion, the Advertiser undertakes to comply with all the obligations connected to the Promotion.
The Advertiser’s acceptance of the participation of an Affiliate in a Promotion is binding and the Advertiser shall have no right to withdraw its approval of the Affiliate to participate in a Promotion, provided that the Affiliate comply with its obligations and actively work to complete the Promotion in a correct and timely manner according to the published conditions.
The Advertiser undertakes to disclose and keep Affiliates informed of the Affiliate’s obligation inform its readers of social media posts, blog posts or other media used by Affiliate to fulfill its obligations to the Advertiser in the context of a Promotion (“Posts”), that the Advertiser’s marketing or sponsorship of a Post is to be considered advertising.
The Advertiser undertakes to send all prices, products, digital materials (such as photos/videos) or other forms of sponsored material (“Promotional Material”) to each Affiliate after an agreement on the fulfilment of the Promotion has been made in the Service. The Advertiser further undertakes to ensure that any discount codes that may be part of the Promotion exist and are valid throughout the Promotion period.
Splick reserve the right to remove any Promotions we consider disturbing, not suitable with respect to our guidelines or policies, or that we for any other reason consider not appropriate considering the purpose of the Service. When editing or removing a Promotion according to this clause 5.5, we will notify the Advertiser by e-mail.
In the event of an Affiliate choosing to remove a Post, edit a Post or remove a blog/social media account contradictory to what is set out in the conditions of the Promotion, no compensation will be paid by Splick to the Advertiser for any loss in connection with such event. Splick does not guarantee that the content that an Affiliate publish will be available if an Affiliate takes any such measures.
In the event that the Advertiser has accepted an Affilite for a Promotion and the Advertiser has provided Promotional Material to the Affiliate, and the Affiliate does not fulfill its obligations under the Advertiser’s conditions for the Promotion, the Advertiser is entitled to invoice the Affiliate for the entire cost of Promotional Material sent to the Affiliate by post as well as any shipping fee. This applies only provided that the Advertiser has fulfilled its obligation by sending the Promotional Material to the Affiliate in time and that the Advertiser has contacted the Affiliate with request of completion of the agreement.
If the Advertiser is not able to prove that the Affiliate has received the Promotional Material, e.g. by sending the package by traceable package and receipt, the Advertiser has no right to demand payment for the Promotional Material from the Affiliate.
The Advertiser chooses which remuneration model to be used for their Promotions.
Splick is responsible for mediate the Advertiser’s payment of remuneration to the Affiliate for its participation in Promotions (“the Commission”).
For the Commission to be paid, a minimum payable amount of SEK 500 is required.
Splick reserves the Commission to be paid from the Advertiser to the Affiliate on the debit card provided in the Service by the Advertiser for a maximum of one month and will then pay the Commission to the Affiliate.
If the Affiliate, without valid reason, interrupts its cooperation with the Advertiser during an ongoing Promotion, the Affiliate has no right to Commission. Already paid Commission shall within thirty (30) days be returned to Splick which then forwards the Commission to the Advertiser, at latest within an additional thirty (30) days.
Splick is a data processor for the personal data provided in the chat function as well as the files that the Advertiser uploads in the Service, which is regulated by the data processing agreement that the Advertiser and Splick enters into in conjunction with entering into these General Terms, see Appendix 1.
Splick is not responsible for any incorrect or misleading information provided by the Affiliate or Advertiser. It is the Affiliate’s responsibility to provide correct information to the Advertiser about e.g. the number of unique views, number of followers and geographical localization of followers and engagements. It is the Advertiser’s and the Affiliate’s responsibility to provide correct information when demanded by the Service, Advertiser or Affiliate.
The statistics presented in the Service is based on Splick’s choice of measuring instrument and forms the basis of the Commission and the Advertiser’s ranking in the Service. The Advertiser hereby accepts that it is the statistics generated by the Service and Splick’s measuring instruments that is valid between the parties.
Splick is not responsible for any case of information provided by the Advertiser in the Service being disseminated to a third party, e.g. illegal intrusion into the database of the Service.
Splick is not responsible for any damage on hardware or software that has been caused by downloading content from the Service. The Advertiser is responsible for ensuring proper and adequate protection against viruses and malware when using the Service.
The Advertiser shall hold Splick harmless in case of legal claims against us arising out of (i) information provided by the Advertiser in the Service, (ii) the Advertiser’s use of the Service in breach of the General Terms applicable law or (iii) The Advertiser’s violation of the General Terms.
In the event of a breach of the General Terms clause 3.4, the Advertiser shall pay liquidated damages of SEK 50 000 to Splick for each individual breach. In the event that the actual damage exceeds the liquidated amount, Splick is entitled to damages for the excess amount.
The agreement is valid from the day on which the Advertiser registers its user account and until the Advertiser discontinues its user account, without notice.
Splick has the right to terminate the General Terms with thirty (30) days’ notice.
In addition to what is stated above, the parties have the right to terminate the General Terms in writing with immediate effect if the other party (i) has breached the General Terms and has not taken measures to correct the breach within fourteen (14) days, or (ii) initiate liquidation proceedings, apply for or is declared bankrupt, suspends payments or is otherwise considered insolvent.
Deletion of personal data that Splick processes as a data processor on behalf of the Advertiser is governed by a separate data processing agreement, see Appendix 1.
The General Terms shall be interpreted and applied in accordance with Swedish law.
Disputes arising from these General Terms shall be settled by Swedish District Court.