AFFILIATE PROGRAM TERMS AND CONDITIONS

These Affiliation Program Terms and Conditions (the “Agreement”) set forth the terms of participation in the Affiliation Program offered by www.wemasy.com (“website” “ site”, “Platform”) owned and operated by WEMASY B.V.. at Sportlaan 45, 6717 LA Ede, Gelderland, Netherlands (“WEMASY B.V.”, “we”, “us”, “our”). This Agreement contains the terms and conditions that apply to all participants (“Affiliate”, “you”, “your”) of our Affiliation Program (the “program” or “affiliation program”). By signing up to be an Affiliate in the WEMASY B.V. Affiliate Program, you agree to be bound by the following terms and conditions. Please carefully read these terms and conditions, representing a legally binding agreement between you and us. You must agree to and accept the terms of this agreement to become a WEMASY B.V. affiliate. We reserve the right to occasionally update and change the Terms and Conditions without prior notice. Any new features that augment or enhance the current Program, including the release of new tools and resources, shall be subject to the Terms and Conditions. Continued use of the Program after any such changes shall constitute your consent to such changes. Violating any of the terms below will result in the termination of your Account and forfeiture of any outstanding affiliate commission payments earned during the violation. You agree to use the Affiliate Program at your own risk.

APPLICATION PROCESS TO OUR AFFILIATE PROGRAM

• Enrolment: To be eligible for the Program, you must be at least 18 years of age, and you must provide your full legal name, a valid email address, payment information, and any other information requested to complete the sign-up process. After receiving your application, we will review your website and notify you of your acceptance or rejection into our Program. Please allow up to seven (7) business days for your application to be reviewed. We reserve the right to reject any application. However, we encourage you to contact us if you feel we have made an incorrect decision. Including all the websites you use in your profile will help us make a better decision.

• Application Process & Approval: Participation in our Affiliate Program is subject to our approval in our sole discretion. We may reject your Application if we determine, in our sole discretion, that the affiliate site or activities are unsuitable for our Affiliate Program for any reason. If we accept your application and thereafter, the Affiliate Site or activity is determined (in our sole discretion) to be unsuitable for the Program, we may terminate your participation in the Program at any time. We may reject your application if we determine (in our sole discretion) that your site is unsuitable for our Affiliate Program for any reason, including, but not limited to, inclusion of content that is, in our opinion, unlawful or otherwise does not meet our Acceptable Use Policy within this agreement. We may also reject your application if we cannot do business in your country of residence, a determination we will make based on current laws. At our sole discretion or reasonable effort, we reserve the right to notify or not notify any prospective affiliate of their rejection or removal from the Affiliate Program at any time.

• Account Verification: To safeguard account security, WEMASY B.V. requires you to verify your address before payment can be sent. To do so, we need you to email your permanent address information to support@wemasy.com. Subsequently, your Personal Identification Number (PIN) will be sent to your permanent address. You must then send this PIN code to our email address, support@wemasy.com.

• Tracking Codes/Links: Each affiliate will receive a unique Tracking Code or link. Affiliates must ensure all links between their Affiliate Site and the WEMASY B.V. Site correctly utilize the provided Tracking Codes. Affiliates are not authorized to alter, modify, or change Tracking Codes. Payments will only be earned in accordance with the Referral Fees Plan. We will not be liable to the Affiliate for failing to use such Tracking Codes. Further, we will not be responsible for errors in transaction tracking resulting from Affiliate modification of the Tracking Code. For clarity, the Tracking Code will be used solely for Program purposes. Any other use of the Tracking Code will be considered void, subject to our sole discretion, and shall be deemed a breach of this Agreement, disentitling the Affiliate from any Fee based on such unauthorized use.

PROMOTIONAL MARKETING/ADS

• Authorizations/Licence: We hereby grant you a non-exclusive, non-transferable, limited license to use our logo and other copyrighted artwork in your promotions or advertisements provided to you for the sole purpose of this Agreement (the “Licence”). We will provide you with the necessary information to allow you to make appropriate advertisements from your Affiliate Site to our Site, unless approved in advance and in writing by us. You may not use any of our proprietary marks in any manner other than as contained in the advertisements. Furthermore, you may not modify any of the advertisements in any way unless we approve them in advance and in writing. The Licence shall expire upon the expiration or termination of the Affiliation Term. You agree not to sublicense, assign, or transfer any such licences stated herein.

• Promotional Materials/Ads Content: Affiliate shall display the advertisements in good taste, adjacent to any with the first or most prominent use of such advertisements in pieces of advertising media, in which such advertisements appear, subject to other requirements as we may from time to time impose and provide to Affiliate, including our trademark guidelines. The affiliate may not use the advertisements and our proprietary mark contained therein in a manner that, in our sole discretion, disparages or otherwise portrays us negatively. Affiliate shall have no other right, title, or interest in or to the advertisements and our proprietary mark contained therewith other than as specified in the limited Licence granted herein. You will be solely responsible for the content and manner of your marketing activities. All marketing activities must be professional, proper, and lawful under applicable rules or laws. We may at any time, without prior notice, require you to remove or modify the advertisements or dynamically replace the WEMASY B.V. creative or text with creative or text suitable to us in our sole discretion.

• Copyright to the Promotional Materials: We shall own all rights, titles, and interests, including all Intellectual Property Rights, in and to our Platform, the Program, and our proprietary Marks. We retain all rights, title, ownership, and interest in our intellectual property, including any and all copyright, trademark, or other proprietary rights therein. Nothing in these Terms shall be construed as granting you any right, title, or ownership in our intellectual property.

• Be honest about what WEMASY offers and never make misleading claims. Avoid spam or any aggressive marketing tactics. Follow the rules of any platform you promote on.

• Breaking these guidelines may result in removal from the program and loss of commissions.

AFFILIATE’S WARRANTY DISCLAIMER

You hereby represent and warrant that:

• This Agreement has been duly and validly executed and delivered by you and constitutes your legal, valid, and binding obligation, enforceable against you in accordance with its terms.

• You are responsible for maintaining the security of your account and password. WEMASY B.V. cannot and will not be liable for any loss or damage from your failure to comply with this security obligation

• You are responsible for all Content posted and activity that occurs under your account (even when Content is posted by others who have accounts under your account).

• You have the full right, power, and authority to enter into and be bound by the terms and conditions of this Agreement and to perform your obligations under this Agreement, without the approval or consent of any other party.

• You have sufficient right, title, and interest in and to the rights granted to us in this Agreement.

• You will not use the Affiliate Program to earn money on your own WEMASY B.V. platform accounts.

You also hereby acknowledge and agree that we make no express or implied warranties or representations with respect to the Program or any services sold through the Program (including, without limitation, warranties of fitness, merchantability, non-infringement, or any implied warranties arising out of a course of performance, dealing, or trade usage). In addition, we make no representation that the operation of our website will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors. This Agreement will begin upon our acceptance of your Affiliate application and will continue unless terminated hereunder.

REFERRAL FEES/SALE COMMISSIONS AND PAYMENT

Referral Fees: Any successful payment for any subscription package purchased by a Referred User through Affiliate’s Tracking Codes and Designated Links via the first click through and subject to the compliance of the Affiliate with the provisions of this Agreement (a "Qualified Purchase"), Affiliate shall be entitled to receive Affiliate Fees ("Sale Commissions") in accordance with the Referral Fees Plan stated in the Dashboard for such Affiliate account. Sales commissions are earned once the Referred User has made their first payment for the Premium Subscription Plan. The Sale commissions shall not apply to any renewals, trial versions (if applicable), second purchase, or otherwise. We will only pay commissions on Tracking Codes or links that are automatically tracked and reported by our systems. We can only pay commissions on business generated through properly formatted special Tracking Codes or links that were automatically tracked by our systems. We reserve the right to disqualify commissions earned through fraudulent, illegal, or overly aggressive, questionable sales or marketing methods.

During the Term of this Agreement, we shall keep track of any Referred User by attaching such Referred User a Tracking Code or Links, which shall be kept for a period of thirty (30) days, provided that such period is within the Affiliation Term. If within such period the Referred User has not registered as a Subscribed Referred User, then the Affiliate will not be entitled to any Sale Commission with respect to such user, even if at a later time such Referred User will perform actions as determined under the applicable Conversion Requirements.

Payments: Sale Commission will be payable to Affiliate via designated payment method, either via PayPal or Stripe, in US Dollars on the first of every month. The minimum payout amount is US$50. If the commission accrued in some month is less than that amount, it will be rolled over into the next month. You acknowledge and agree that you are solely responsible for paying taxes in your country for all earnings from our affiliate programme. The commission structure is subject to change at our discretion. We will notify you 15 days prior to a commission structure change. Commissions earned under the previous structure will be paid under the previous structure. Commissions under the new structure will be paid under the new structure.

YOUR RESPONSIBILITIES

You will be solely responsible for the development, operation, and maintenance of your affiliate site and for all materials that appear on it. Specifically, you are responsible for:

• The technical operation of your site and all related equipment.

• Promoting WEMASY B.V. on your social media pages, writing about WEMASY B.V. through blogs and articles on approved affiliate websites, creating tutorials and educational videos about WEMASY B.V.

• Sending affiliate links to email subscribers through email campaigns and push notifications

• Promoting WEMASY B.V. on affiliate websites using WEMASY B.V. approved materials or marks, ensuring that the display of special links on your site complies with any agreements between you and third parties.

• Ensuring the accuracy, truthfulness, and appropriateness of materials posted on your site, including product-related materials and associated information with special links.

• Ensuring that materials posted on your site do not violate the rights of any third party, including copyrights, trademarks, privacy, or other personal or proprietary rights.

• Ensuring that materials posted on your site are not defamatory or otherwise illegal.

• Ensuring that your site discloses, either through a privacy policy or otherwise, how you collect, use, store, and disclose data collected from visitors, including the potential for third parties to serve content, collect information directly from visitors, and place or recognize cookies on visitors' browsers.

PROHIBITED ACTIVITIES

In using our Affiliate Programme, you must behave in a peaceful, civil, prudent, and respectful manner at all times, and you shall not do or attempt to do anything that is illegal, prohibited by any law, anything which we would consider inappropriate, or anything which might bring us into disrepute or legal consequence. You shall not:

• Use a domain or subdomain confusingly similar to "WEMASY.COM" or any other protected trademark and/or name right belonging to WEMASY B.V. or its Affiliates.

• Promote offer codes and other WEMASY B.V. links on paid media channels.

• Run paid ads using our proprietary mark (Including search engines and social platforms)

• make or publish any statement, claims, representation, or warranty about our products or services that could be deemed to be a binding offer, obligation, or guarantee by us.

• Use, procure, bid on, or otherwise arrange for a Sponsored Link that uses or includes any of our proprietary marks.

• Register, procure, or use any internet domain name that consists of any of the proprietary marks or any variations thereof.

• Offer any person or entity any payments or incentives (like rebates, cashback, "paid to click" advertising, or discounts) for using the Designated Links and/or converting a free account into a subscribed Package, and you shall not use your affiliate referral link as a final URL in pay-per-click campaigns in search engines.

• Record, redirect, read, or fill in on behalf of a Referred User, the contents of any electronic form or other material submitted to us by any Referred User.

• Enable any pop-ups between any affiliate links and WEMASY B.V.’s website, or use redirects to hide or manipulate WEMASY B.V. affiliate links.

• Create affiliate sites that copy or resemble the look and feel of WEMASY B.V.’s website,

• Use cookie stuffing techniques that set the Affiliate tracking cookie without the Referred User's knowledge (e.g., iframing).

If we determine, in our sole discretion, that you are engaged in any form of spamming or advertising WEMASY B.V.’s services in any other unauthorized way, we may (without limiting any other rights or remedies available to us) withhold any commission otherwise payable to you under this Agreement and/or terminate this Agreement with immediate effect upon notice at any time during the term of this contract. In addition, you may not in any manner misrepresent or embellish the relationship between us and you, say you develop our products, say you are part of WEMASY B.V.., or express or imply any relationship or affiliation between us and you or any other person or entity except as expressly permitted by this Agreement (including by expressing or implying that we support, sponsor, endorse, or contribute money to any charity or other cause).

RELATIONSHIP OF PARTIES

You acknowledge and agree that this Agreement does not establish any partnership, joint venture, agency, franchise, sales representation, or employment relationship between the parties. You have no authority to make or accept offers or representations on our behalf. You will not make any statement, whether on your site or otherwise, that contradicts this section.

SUB-AFFILIATE NETWORKS

Using a sub-affiliate network is permitted upon prior written approval from WEMASY B.V. However, you must be completely transparent about where traffic from your sub-affiliates originated. Sub-affiliate networks must ensure that all sub-affiliates promoting the Program adhere to this agreement. This includes restrictions on advertising through toolbars, browser extensions, and any paid placements such as pay-per-click campaigns. Sub-affiliate networks must also receive approval before allowing any type of coupon sub-affiliate to promote the Program. Failure to comply with our sub-affiliate network terms may result in a loss and/or reduction of commission from sales made through any sub-affiliate that does not comply with this agreement.

CONFIDENTIALITY

We may disclose certain information to you, including modifications to the Program terms for the Affiliate, price guidelines, future service releases, trade secrets, know-how, inventions, processes, programs, data, pricing and discount schedules, customer lists, financial information, and sales and marketing plans etc. You shall at all times, both during the Term and at all times thereafter, keep and hold such Confidential Information in the strictest confidence, and shall not use such Confidential Information for any purpose other than as may be reasonably necessary for the performance of your duties pursuant to this Agreement.

LIMITATIONS OF LIABILITY

WE WILL NOT BE LIABLE FOR INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES (OR ANY LOSS OF REVENUE, PROFITS, OR DATA) ARISING IN CONNECTION WITH THIS AGREEMENT OR THE PROGRAM, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCES WE SHALL OR ANY OF OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, OR SUPPLIERS BE HELD LIABLE FOR ANY DIRECT OR INDIRECT DAMAGES AND/OR LOSSES TO THE AFFILIATE, USER, OR ANY OTHER THIRD PARTY THAT MAY ARISE DUE TO: A) DOWNTIME OR AVAILABILITY OF OUR PLATFORM OR THE PROGRAM, AND ANY LOSSES RESULTING FROM SUCH DOWNTIME IN THE PROGRAM OR ANY OTHER THIRD PARTY'S DOWNTIME; B) ANY TERMINATION OF THIS AGREEMENT; C) ANY INVESTMENTS, WHETHER ACTUAL OR PLANNED, BY THE AFFILIATE IN CONNECTION WITH ITS PARTICIPATION IN THE AFFILIATE PROGRAM.

INDEPENDENT INVESTIGATION

You acknowledge that you have read these Terms and Conditions and agree to all their terms and conditions. You understand that we may at any time (directly or indirectly) solicit customer referrals on terms that may differ from those contained in this Agreement or operate websites that are similar to or compete with your website. You have independently evaluated the desirability of participating in the Program and are not relying on any representations, guarantees, or statements other than as set forth in this Agreement.

COMPLIANCE WITH LAW AND REGULATIONS:

As a condition to your participation in the Program, you agree that you shall comply with any and all applicable laws, regulations, rules, orders, licenses, permits, judgments, decisions, or other requirements of any governmental authority that has jurisdiction over you, including without limitation, those that relate to advertising, dissemination of email, and/or electronic communications. It is your responsibility to be aware of all such regulations, statutes, and laws. Without limiting the foregoing obligation, you agree to comply with all applicable laws that govern marketing email, including, without limitation, the SPAM Act, COPPA, and all other anti-spam laws.

TERM AND TERMINATION OF THE PROGRAM

The term of this Agreement begins upon our acceptance of your application to participate in our Affiliate program and ends upon termination by either party. You or we may terminate this Agreement at any time by giving the other party written notice. In our sole discretion, we have the right to suspend or terminate your account and refuse any and all current or future use of the Program or any other WEMASY B.V. service at any time. Termination of the Service will result in the deactivation or deletion of your Account and the forfeiture of all potential sale commissions if they were earned through fraudulent, illegal, or aggressive sales or marketing methods. We reserve the right to refuse service to anyone for any reason and to exclude commissions received from projects in specific countries.

INDEMNIFICATION

You agree to indemnify and hold harmless WEMASY B.V., its shareholders, officers, directors, employees, agents, partners, representatives, licensees, successors, and assigns from and against any and all claims, demands, losses, liabilities, damages, or expenses, including attorneys' fees, arising from a) your use of our Platform and its Affiliate Program; b) any failure or breach of these Terms; c) any misuse of the links, offers, or our intellectual property by you or by a party under your control.

INDEPENDENT CONTRACTOR

You agree that you are an independent contractor, and nothing in this agreement will create any partnership, joint venture, agency, franchise, or employment relationship between you and us. You will have no authority to make or accept any offers or representations on our behalf. You will not make any statement, whether on your Site or any other of your Sites or otherwise, that reasonably would contradict anything in this Section.

NOTICES

Each party must deliver all notices or other communications required or permitted under this Agreement in writing to the other party at its email address.

WAIVER

Failure to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision. The Terms and Conditions constitute the entire agreement between you and us and govern your use of the service, superseding any prior agreements (including, but not limited to, any prior versions of the Terms and Conditions).

ASSIGNMENT

You may not assign this Agreement without our prior written consent. This Agreement will be binding on, ensuring the benefit of, and enforceable against, the parties and their respective successors and assigns.

GOVERNING LAW AND JURISDICTION

This Agreement shall be governed by and construed in accordance with the laws of the Netherlands, the European Union, and other applicable international laws as may be necessary to enforce this Agreement. If any part of this Agreement is deemed unlawful, void, or unenforceable for any reason, that part will be deemed severable and will not affect the validity and enforceability of the remaining parts. In the event of litigation to enforce any provision of this Agreement, the prevailing party will be entitled to recover its costs and fees, including reasonable legal fees, from the other party. Our failure to enforce strict performance of any provision of this Agreement will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this Agreement.

ARBITRATION

Any dispute relating to this Agreement, including any actual or alleged breach thereof, any transactions or activities under this Agreement, or your relationship with us or any of our affiliates, shall be submitted to confidential arbitration in the Netherlands. However, if you have violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court in the Netherlands, and you consent to non-exclusive jurisdiction and venue in such courts. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined with any other arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.

MISCELLANEOUS

You acknowledge that you have read this agreement and agree to all its terms and conditions. You have independently evaluated this program and are not relying on any representation, guarantee, or statement other than as outlined in this agreement.

CHANGE OR MODIFICATION

We reserve the right to update or modify any terms and conditions of this Agreement at any time without any prior notice. You should periodically review this Agreement for changes.

LIABILITY

WEMASY isn’t responsible for any issues arising from how you promote or use the affiliate program. You’re responsible for your own promotional activities.

DISPUTE

If there’s any disagreement, we’ll try to sort it out fairly and in good faith. If we can’t resolve it, we’ll follow the laws where WEMASY operates.

ACCEPTANCE OF TERMS

Participating in WEMASY B.V.'s Affiliate Program signifies your acceptance of this Agreement.

CONTACT US

WEMASY B.V. has sole jurisdiction to provide an explanation of this Agreement. Feel free if you have any questions regarding this Agreement. Please contact us at:

WEMASY B.V. at

Address: Sportlaan 45, 6717 LA Ede, Gelderland, Netherlands.

Email: support@wemasy.com