Affiliate

Effective Date: 25.07.2025

1. Parties This Affiliate Agreement ("Agreement") is entered into by and between FansyMe (operated by a sole proprietorship based in Germany) ("Company"), and the individual or entity registering as an affiliate ("Affiliate").

2. Overview The Company operates an online platform allowing creators to monetise their content. This Agreement governs Affiliate participation in the FansyMe Affiliate Programme ("Programme"), allowing Affiliates to earn commissions by referring new creators and users.

3. Eligibility & Enrolment

3.1 Age Requirement: You must be at least 18 years old and of legal majority in your jurisdiction.

3.2 Registration: You must complete an application and be approved. The Company may reject any application at its sole discretion.

4. Commissions & Payments

4.1 Commission Structure: Affiliates are eligible to receive a commission based on the referral type (creator, user). The applicable rate and payment terms are published on the affiliate dashboard.

4.2 Minimum Payout: A minimum payout threshold (e.g. USD 25) applies. Details are available on the platform.

4.3 Payment Schedule: Payouts are made monthly or according to published terms. Commission is forfeited if unclaimed within 12 months.

4.4 Taxes: Affiliates are solely responsible for their taxes. We may require tax documentation to comply with local or international tax laws.

5. Prohibited Conduct Affiliates must NOT:

• Engage in spamming, which includes (but is not limited to):

  • Sending unsolicited commercial messages via email, forums, chats, SMS, or social media.

  • Using automated bots to generate traffic, fake users, or clicks.

  • Mass-posting links in unrelated communities or message boards.

  • Misleading subject lines, cloaking URLs, or deceptive redirects.

• Disseminate or link to malware or harmful code, including:

  • Trojan horses, viruses, ransomware, or spyware.

  • Any script, executable, or browser extension intended to harm devices or intercept personal data.

  • Hosting or distributing downloads containing malicious payloads.

• Make misleading claims about FansyMe, including revenue potential, platform features, or creator services.

• Promote escort, prostitution, sex trafficking, or any illegal services.

• Use or promote any adult content involving minors or illegal acts.

• Misrepresent their affiliation with the Company.

• Create or use FansyMe-branded material without written permission.

• Attempt to interfere with the tracking systems, fraudulently inflate metrics, or use tools to mask traffic sources.

6. Use of Promotional Materials

6.1 FansyMe may provide creatives (banners, logos, etc.) which must not be modified without permission. 6.2 All promotional methods must be honest, lawful, and comply with GDPR and other relevant laws.

7. Data Protection & GDPR Compliance

7.1 Both parties agree to comply with the EU General Data Protection Regulation (GDPR).

7.2 The Affiliate must implement a GDPR-compliant privacy notice on any site where FansyMe is promoted.

7.3 Affiliates may not collect, store, or process personal data on behalf of FansyMe.

7.4 Data ownership remains with the Company. Affiliates may not use user or creator data for their own purposes.

8. Term & Termination

8.1 This Agreement is effective upon acceptance and remains in effect until terminated.

8.2 Either party may terminate at any time with written notice.

8.3 The Company may withhold unpaid commissions if termination was due to a breach of this Agreement.

9. License

9.1 Licence Grant: FansyMe hereby grants the Affiliate a non-exclusive, non-transferable, non-sublicensable licence to access and use promotional content and materials ("Licensed Materials") for the sole purpose of promoting FansyMe in accordance with this Agreement. This includes banners, logos, scripts, images, videos, and pre-approved marketing texts provided by FansyMe.

9.2 Scope of Use: Affiliates may display Licensed Materials on their websites, blogs, social media accounts, and other approved channels. Any modification of the materials or use outside the permitted scope requires prior written approval from FansyMe.

9.3 Ownership and Restrictions: FansyMe retains full ownership of all intellectual property, including but not limited to trademarks, logos, platform content, and all Licensed Materials. Affiliates may not:

• Claim ownership or authorship of any Licensed Materials;

• Sub-license, distribute, or commercially exploit the materials beyond what is expressly allowed;

• Use FansyMe branding in a way that could cause confusion, imply endorsement, or suggest a false affiliation.

9.4 Termination of Licence: Upon termination of this Agreement, the Affiliate must cease all use of the Licensed Materials and delete or remove them from all platforms where they were used. Affiliates may only use assets provided through the Programme or expressly approved.

10. Limitation of Liability The Company is not liable for indirect, incidental, or consequential damages, lost profits, or platform downtime. Maximum aggregate liability shall not exceed USD 500 or the commissions paid in the past 6 months.

11. Indemnity Affiliate agrees to indemnify and hold harmless the Company against claims arising from their promotional activities, breach of this Agreement, or violation of any laws.

12. Modifications FansyMe may update this Agreement. Continued participation after changes constitutes acceptance. Notification will be made via the affiliate portal or email.

13. Governing Law & Jurisdiction This Agreement is governed by German law. All disputes shall be subject to the jurisdiction of the courts of Berlin, Germany.

14. Miscellaneous

14.1 No Agency: This Agreement does not create a joint venture or employment relationship.

14.2 Severability: If any clause is found invalid, the rest remain in force.

14.3 Language: This Agreement is drafted in English. Translations are for convenience only.