Apify Affiliate Program Terms and Conditions
Effective date: May 14, 2024
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 ("we" or "Apify") thanks you ("you" or the "Affiliate Partner") 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 in addition to Apify General Terms and Conditions (the "General Terms").
Terms starting with a capital letter used in these Affiliate Program Terms have the meaning defined either here or in the General Terms. Provisions of the General Terms regarding liability, indemnity, governing law and choice of jurisdiction are incorporated herein by reference.
1. Joining the Affiliate Program
1.1. You may join the Affiliate Program by creating an account on Apify's FirstPromoter portal ("FirstPromoter"). By ticking the 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 the General Terms. 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. Apify's obligations
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 Partner a commission (the "Commission") for referred users' use of the Platform according to the provisions below.
3. Referred Customers
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 45 days. If the cookies expire or are deleted, a customer may not be recognised as a Referred Customer.
3.3. If the Affiliate Partner identifies any customer that, in their opinion, shall be considered Referred Customer but has not been recognised by the tracking, the Affiliate Partner may report this information to Apify together with sufficient evidence. Apify shall in its discretion in good faith consider the Affiliate Partner's report and evidence, and decide whether or not such a 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, in its sole discretion.
4. Commission
4.1. 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 started paying for Services (as defined in the General 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. Payment terms
5.1. Apify shall pay the earned Commission to the Affiliate Partner 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 month lower than 49 USD will be rolled over to the following month.
5.2. The Commission may be paid either via PayPal or bank transfer. The Affiliate Partner shall specify the chosen payment method.
5.3. Invoices are generated automatically through FirstPromoter by Apify. The Affiliate Partner shall provide and maintain up-to-date information required for this purpose in the portal. Apify may request that the Affiliate Partner issues an invoice using a different method, if the method through FirstPromoter portal is not available (e.g. due to missing Affiliate Partner'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 these Affiliate Program Terms.
6. Affiliate Partner's obligations
6.1. The Affiliate Partner must not promote Apify or use its Referral Link in any of the following ways:
- in any materials or in connection with any services that are illegal, infringing on third party rights, fraudulent, harassing, defamatory, discriminatory or violent;
- use any paid advertisements and/or advertise via any pay-per-click advertisement systems (e.g., Google Ads, Facebook Ads or LinkedIn Ads);
- bid on the "Apify" keyword for any pay-per-click advertisement systems (e.g., Google Ads), including any misspellings, capitalizations or in combination with any other text;
- for self-referral, i.e., its own or its friends, affiliates, related persons or business partners sign-ups to the Platform;
- in any content that's available on the Platform, Website or any other assets owned, operated or maintained by Apify; or
- for any illegal activity, including, without limitation, 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 Partner 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. License
7.1. Apify hereby grants to the Affiliate Partner a limited, worldwide, revocable, non-exclusive, non-sublicensable and non-transferable license to use Apify's trademark, logo, trade name, service names and copyrighted material (the "Intellectual Property Assets") in its marketing, advertising or other content while promoting Apify services in accordance with this Affiliate Program Terms.
7.2. The Affiliate Partner 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 the Affiliate Partner obtained prior written consent from Apify. The Affiliate Partner 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 Partner.
7.3. The Affiliate Partner shall not attack, question, or contest the validity of Apify's ownership of Intellectual Property Assets.
7.4. If any infringement of any Intellectual Property Assets comes to the Affiliate Partner's attention, whether actual or threatened, the Affiliate Partner agrees to inform Apify as soon as possible. The Affiliate Partner also agrees to notify us of any claim by anyone that our products infringe the rights of any other person. The Affiliate Partner shall, at our request and expense, 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. Termination
8.1. The Affiliate Partner may terminate its participation in the Affiliate Program at any time and for any reason by providing Apify a written notice. Commission earned during that calendar month 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 month.
8.2. Apify may terminate the Affiliate Partner's participation in the Affiliate Program with immediate effect if the Affiliate Partner breaches any provision of these Affiliate Program Terms or any other terms agreed between the Affiliate Partner and Apify. All commissions shall be forfeited and the Affiliate Partner will not be entitled to any reimbursement.
8.3. Apify may terminate the Affiliate Partner's participation in the Affiliate Program at any time and for any reason by providing the Affiliate Partner with at least a thirty (30) days written notice. Commission earned during that calendar month when the Affiliate Partner ceased to be a part of the Affiliate Program will be paid out in the usual term after the end of that calendar month.
8.4. These Affiliate Program Terms shall terminate together with the termination of the Affiliate Partner's participation in the Affiliate Program.
9. Amendments
9.1. 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 until the effective date of the amendments. Otherwise, you will be deemed to agree with the announced amendments.