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”).
By register a user account the Affiliate certifies that he or she is over sixteen (16) years of age and/or is authorized to represent the Affiliate if the Affiliate is a legal entity.
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”.
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 Affiliate shall only use the Service for its intended purpose and not for any other purpose. The Affiliate shall, when using the Service, at any time follow our instructions as well as applicable law and regulations. The Affiliate agrees not to use the information accessed through the Service for any other purpose than the purpose of the Service.
The Affiliate is responsible for that the information provided by the Affiliate in the Service is truthful. By making information available in the Service, the Affiliate guarantee that the Affiliates 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 Affiliate acknowledges that the Service is only a platform for connecting the Affiliate and the Advertiser. Splick accepts no responsibility for the Advertiser’s commitments or acting in the Service or towards the Affiliate.
The Affiliate has no right to enter into an agreement with an Advertiser 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 Affiliate agrees through these General Terms not to contact Advertiser through the Service to initiate cooperation outside the Service regarding published Promotions.
The Affiliate may not copy, decompile, decrypt or otherwise make changes to the Service. Further the Affiliate 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 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 Affiliate.
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 Affiliate grants us an unlimited right to use the technical information and statistics generated by the Affiliate’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 Affiliate may accede to a marketing cooperation (“Promotion”) published by an Advertiser in the Service. After the Affiliate has notified the Advertiser of its interest in the Promotion, the Advertiser has the right to accept or deny the Affiliate’s participation in the Promotion without giving reasons for the decision. Once the Affiliate is approved for a Promotion, the Advertiser shall provide the Affiliate with the prices, products, digital material (such as photos/videos) or other form of sponsored material (“Promotional Material”) and the information required for the Affiliate to carry out the Promotion in accordance with the conditions stated by the Advertiser.
The Affiliate acknowledge that an agreement through the Service between the Advertiser and the Affiliate regarding publishing social media posts, blog posts or similar that the Affiliate use to fulfil a Promotion is binding. That means that the Affiliate is obligated to publish posts according to the Advertiser’s stated conditions for the Promotion as far as reasonably possible.
If the posts on social media, blog posts or other media that the Affiliate uses to fulfil its obligations to the Advertiser includes advertising or is sponsored by the Advertiser, the Affiliates must inform its readers that the post is to be considered advertising.
In the event that the Affiliate has committed to a Promotion and the Affiliate does not fulfil its obligations according to the Advertiser’s conditions for the Promotion despite the Advertiser’s request to do so, the Advertiser is entitled to invoice the Affiliate for the entire cost of Promotional Material sent by post as well as any shipping fee.
Splick reserves 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.
The Affiliates is entitled to remuneration according to the remuneration model that the Advertiser has chosen for the Promotion agreement (“Commission”).
Payment of the Commission that the Affiliate is entitled to by using the Service is paid at the latest one month after the Commission has been earned. The payment is paid to the bank account or Paypal account provided by the Affiliate in the Service.
If information regarding Affiliate is inaccurate or missing, payment is postponed until the information is entered correctly in the system and the next payment is made. The Affiliate is responsible for correct payment details being provided to Splick and Splick is not responsible for incorrect payments due to Affiliate’s stated information.
For the Commission to be paid, a minimum payable amount of SEK 500 is required.
Splick is not responsible for the Affiliate’s reporting of revenue or payment of taxes or his /her declaration and reminds the Affiliate of its personal liability insofar as Affiliate receives compensation as a natural person.
If the Affiliate interrupts its cooperation with an Advertiser during an ongoing Promotion without valid reason, the Affiliate shall not be entitled to Commission. Commissions already paid shall also be returned to Splick within thirty (30) days, which will then forward the paid Commissions to the Advertiser. If the Affiliate fails to repay such Commission, Splick shall have the right to demand a penalty of 5 % of the amount per day that the Affiliate fails to pay the refund.
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 Affiliate 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 Advertiser. 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 Affiliate’s ranking in the Service. The Affiliate hereby accepts that it is the statistics generated by the Service and Splick’s measuring instrument that is valid between the parties.
Splick is not responsible for any case of information that the Affiliate has provided in the Service being disseminated to a third party, e.g. when 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 Affiliate is responsible for ensuring proper and adequate protection against viruses and malware when using the Service.
Splick is solely responsible for Commissions paid through the system. Splick is not responsible for any products or other type of compensation offered by the Advertiser n a Promotion.
The Affiliate shall hold Splick harmless in case of legal claims against us in the case of (i) Information provided by the Affiliate in the Service, (ii) The Affiliate’s use of the Service in breach of the General Terms applicable law or (iii) The Affiliate’s violation of the General Terms.
In the event of a breach of the General Terms clause 3.4, the Affiliate shall pay liquidated damages of SEK 50 000 to Splick for each individual breach. In the event that the actual damage exceeds the penalty amount, Splick is entitled to damages for the excess amount.
The agreement is valid from the day on which the Affiliate register its user account and until the Affiliate 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 be declared bankrupt, suspends payments or is otherwise considered insolvent.
Deletion of personal data that Splick processes as a data controller on behalf of the Affiliate is governed by a separate data processing agreement, 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.