Last Updated: 29.01.2024
The parties are: Redtrack Technologies LTD (“Owner”), registration number HE 397054, with its address Spyrou Kyprianou, 49 Dromos, 41, Kato Polemidia, 4154, Limassol, Cyprus
(Further referred to as: RedTrack)
You, the party who participate in RedTrack referral program (further referred to as: “Referral”),
This Agreement governs Referral’s participation in the RedTrack referral program described herein (the “Referral Program”).
This Agreement constitutes an integral part of Terms and Conditions for using RedTrack (the “Terms and Conditions”). In areas not covered by this agreement provisions of RedTrack Terms and Conditions shall apply. In the event of any inconsistency between this Agreement and the Terms and Conditions, the terms of this Agreement shall govern.
By registering as a participant of the Referral Program, Referral (a) agrees to be bound by this agreement (b) represents and warrants he/she satisfy all of Referral’s requirements provided in the Terms and Conditions.
This agreement is effective as of the date Referral registers as a participant of the Referral Program.
1.1 In accordance with this Agreement Referral may refer RedTrack to its potential users ((further referred to as: “Referee or Referees”)). For each Referee (as defined below) RedTrack shall pay to Referral a Referral Commission.
1.2 A Referee must satisfy each of the following criteria:
2.1. The Referee is automatically qualified for the Referral Program if he meets all conditions described in section 1.2 above and the Referral having referred him is eligible for Referral Fee (further described in section 3).
2.2. In case of breach of conditions described in section 1.2.4 and 1.2.5. above Referee will be removed from the Referral Program and his future usage of RedTrack will not be considered in the Referral Program.
2.3 Any Referral whose actions are not consistent with the intent of the Referral Program and/or are aimed at generating false commision (e.g. intentionally referring related parties, his own accounts or already existing accounts, referring fraud accounts, cookie stuffing or/and cookie dropping) will be immediately removed from the program (including prior suspension of the Referral’s account) and any accrued Referral fee will be canceled.
2.4. RedTrack reserves the right to deny or terminate access to the Referral Program to any Referral, Referee or to terminate the Referral Program at any time, in its sole discretion. All accrued fees will remain to be settled.
3.1 For each qualified Referee account, Referral shall be granted with a commission fee equal to 10% of actual recurring revenue payments generated by the Referee (Referral Commission) who pays for any subscription plans.
3.2 The referral fee is calculated on the moment of successful payment for chosen subscription plan by the Referee.
3.3 The Referral Fee shall be accrued on Referral’s account balance in RedTrack Referral portal. The Referral may request to receive outstanding Referral Commission to their bank account or via PayPal using the Referral Portal UI or by sending an email to firstname.lastname@example.org.
3.4 Referral shall provide RedTrack with a valid banking or PayPal account. Referral is solely responsible for ensuring its account information is accurate and current. RedTrack will not be responsible for any payments not received due to Referral failing to provide accurate and complete account information for payment;
3.5 If requested and approved, the Referral Сomission shall be paid within 30 days from the invoice date. The Referral Сomission shall be subject to payout if total accrued liability from RedTrack to Referral is above 100 (one hundred) United States Dollars. RedTrack reserves the right, in its sole discretion not to pay any Referral Сomission to Referral where RedTrack determines Referral’s actions are not consistent with the intent of the Referral Program.
3.6 Referral shall pay all applicable sales, use, transfer or other taxes and all duties, whether international, national, state, or local, however designated, which are levied or imposed by reason of the transaction contemplated hereby, excluding, however, income taxes on profits which may be levied against RedTrack. Referral shall reimburse RedTrack for the amount of any such taxes or duties paid or accrued directly by RedTrack as a result of this transaction.
3.7 All activities related to the calculation of the Referral Сomission or to the payment thereof shall be performed via RedTrack.
3.8 All amounts referenced or payable under this Agreement are in U.S. Dollars.
3.9 All amounts referenced or payable under this Agreement are considered to be gross amounts (i.e. including all applicable taxes, in particular VAT).
3.10 The use of Referral Сomission amounts accrued by the Referral is performed in accordance with the date of their calculation starting from the earliest one. All Referral Сomission amounts accrued in the Referral’s account under the Referral Program are available to payout or other use for 1 year from the date of their calculation provided that the Referral logs into his RedTrack Referral postal account at least once every 6 months starting from the last logging. In the event that the Referral does not log in to the above-mentioned account during this period all Referral Fee’s amounts accrued in the Referral’s account under the Referral Program shall be available to payout or other use only until the end of these six months.
Referees who purchase plans through the Referral Program will be deemed to be clients of RedTrack. Accordingly, all rules, policies and operating procedures concerning client orders will apply to those clients. RedTrack may change its policies and operating procedure at any time. Prices and availability of RedTrack’s products may vary from time to time.
Both Referral and RedTrack, are entering this agreement as independent contractors, and in no way are entering a formal partnership or joint venture. Referral has no authority to represent RedTrack on its behalf, make or discuss offers, or act as a representative of RedTrack.
RedTrack reserves the right, in its discretion, to change, terminate or modify all or any part of the Referral Program or this Agreement at any time. Changes will not apply retroactively and will become effective not sooner than 14 days after they are posted. Modifications concerning Referral Fee or payment thereof come into force on specified date not sooner than 14 days after they are being made public. Continued participation in the referral program after such notice constitutes Referral’s binding acceptance of the terms and conditions in this Agreement, including any changes or modifications made by RedTrack.
7.1 Either Party may terminate this Agreement at any time by providing notice to the other Party. Regardless of the circumstances, such termination shall not give rise to liability.
7.2 Referral’s participation in the Referral Program and this Agreement are effective as long as Referral is registered as a RedTrack user.
7.3 In the event of a termination, Referral will only receive Referral Fees that were earned in full for a Referral that occurred prior to the effective termination date.
8.1 EACH PARTY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION FOR NON-INFRINGEMENT, SATISFACTORY QUALITY, MERCHANT-ABILITY AND FITNESS FOR ANY PURPOSE. TO THE FULLEST EXTENT PERMITTED BY LAW, THE PROGRAM AND REFERRAL LINKS ARE PROVIDED “AS IS” AND AT CLIENT’S OPTION AND RISK AND RedTrack DOES NOT GUARANTEE ANY RESULTS.
8.2 CLIENT ASSUME ALL RESPONSIBILITY AND RISK FOR USE OF THE REFERRAL LINKS OR THEIR PARTICIPATION IN THE PROGRAM. IN NO EVENT SHALL RedTrack OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, PARTNERS, LICENSORS OR AGENTS BE LIABLE FOR ANY INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING DAMAGES FOR LOSS OF PROFITS, INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) IN CONNECTION WITH ANY CLAIM, LOSS, DAMAGE, ACTION, SUIT OR OTHER PROCEEDING ARISING UNDER OR OUT OF THIS AGREEMENT OR THE REFERRAL PROGRAM, INCLUDING WITHOUT LIMITATION YOUR USE OF, RELIANCE UPON, ACCESS TO, OR EXPLOITATION OF THE REFERRAL LINKS, OR ANY RIGHTS GRANTED TO YOU HEREUNDER, EVEN IF RedTrack HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER THE ACTION IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR OTHERWISE. IN ANY EVENT, RedTrack TOTAL MAXIMUM AGGREGATE LIABILITY UNDER THIS AGREEMENT OR IN RESPECT OF THE USE OR EXPLOITATION OF ANY OR ALL PART OF THE REFERRAL LINKS OR PARTICIPATION IN THE PROGRAM IN ANY MANNER WHATSOEVER SHALL BE LIMITED TO 50 USD.
9.2. The controller of the Referral’s personal data for Referral Program purposes is
Redtrack Technologies Ltd., registration number HE 397054, with its address Spyrou Kyprianou, 49 Dromos, 41, Kato Polemidia, 4154, Limassol, Cyprus, email: email@example.com.
9.4. With regard to the Referral Program, personal data of the Referral is processed by RedTrack only to complete purposes of this Referral Program, including the participation of the Referral in the Referral Program, performing the contract concluded between parties on this basis, responding to Referrals inquiries regarding the Referral Program and conducting necessary tax and accounting operations.
9.5. The legal basis for the processing of personal data in the field of the Referral Program is mainly entering into a contract with the Referral as well as the performance of a contract concluded with the Referral in connection with Referral’s participation in the Referral Program (article 6.1. point b of the GDPR). With regard to the pursuing claims or defending against claims as well as responding to Referral’s inquiries the legal basis is legitimate interest of RedTrack (article 6.1. point f of the GDPR). The legal basis on which RedTrack processes Referral’s data for conducting necessary tax and accounting operations applies to legal obligations RedTrack is subject to (article 6.1 point c of the GDPR).
9.6. Personal data of the Referrals will be processed by RedTrack. RedTrack may engage third parties that support the operation of RedTrack services (acting on its behalf), such as IT services providers including cloud or host services providers. RedTrack may also transfer personal data to a country outside of the European Economic Area (EEA), i.e. to the territory of United States of America for which the European Commission has adopted an adequacy decision (Privacy Shield), in order to protect storage and processing of data using IT services, as well as to provide the Referral an availability to become a participant of the Program. The Referral can learn more about the principles of personal data protection in the scope of the Privacy Shield Framework at: https://ec.europa.eu/info/law/law-topic/data-protection/data-transfers-outside-eu/eu-us-privacy-shield_en.
9.7. RedTrack stores Referral’s personal data for a period of time required for the purposes for which it was collected (i.e. participation of the Referral in the Referral Program) using generally accepted security standards and in compliance with applicable laws. RedTrack will not retain Referral’s personal data for longer than required. In case of participating by the Referral in the Referral Program, the period of retention of Referral’s personal data is in principle no longer that its registration as a RedTrack user. With regard to the above, please note that RedTrack may have the right to process Referrals’ personal data for the purpose of creating statistics, pursuing claims or defending against claims, handling Referrals’ complaints and chargebacks as well as in order to meet the tax and accounting law requirements, where such processing will last only for the period of time necessary to achieve the intended purposes (e.g. for pursuing claims or defending against claims, the period of retention of Referral’s data is no longer than limitation period for claims as defined in statutory law).
9.8. The following rights apply to the Referral in connection with the processing of personal data for the Referral Program purposes:
9.8.1. the right to confirm whether personal data is processed and the right to obtain access to it (Article 15 of the GDPR),
9.8.2. the right to obtain copies of processed personal data (Article 15 of the GDPR),
9.8.3. the right to obtain the rectification of inaccurate personal data and the right to have incomplete personal data completed (Article 16 of the GDPR),
9.8.4. the right to obtain the erasure of personal data “right to be forgotten” (Article 17 of the GDPR),
9.8.5. the right to obtain restriction of processing of personal data (Article 18 of the GDPR),
9.8.6. the right to personal data portability (Article 20 of the GDPR),
9.8.7. the right to object to processing of personal data (Article 21 of the GDPR).
9.8.8. The Referral may exercise the rights stated in point 9.8. of this Agreement by contacting the RedTrack Data Protection Officer at the following email address: firstname.lastname@example.org.
9.8.9. The Referral is entitled to submit a complaint to the competent supervisory authority at any time in the event of a breach of rights regarding the processing of personal data.
9.8.10. The processing of Referral’s personal data for the purposes of the Referral Program is voluntary, however it is necessary for Referral’s participation in the Referral Program.
Referral hereby agrees that RedTrack is entitled to assign any of its rights and obligations under these Terms and Conditions and additional agreements (if concluded with the Referral) to any third party and at any time without separate consent of the Referral.
The cancellation of the User Account does not mean that Owner will delete all the Account relevant information or User personal/corporate data.
11.1. “RedTrack” brand name is a registered trademark (both as a word and graphic mark) across the United States and European Union. It means that by operation of law you are especially not allowed to use it in relation to advertising RedTrack in a way that raises any doubt as to the advertiser’s identity (i.e. the user should be aware that it is your advertisement not RedTrack’s).
Please be informed that in any case, the Referral’s activities, including those involving paid campaigns, should not directly compete with RedTrack’s activities in any given advertising system.
11.2. Regardless of the other provisions of this Agreement, in case of breach of the point 11.1. by the Referral, RedTrack is entitled to terminate the Agreement immediately and no Referral Fees shall be paid to the Referral.