Terms and conditions for partners

1The parties and the agreement

The agreement is entered into between the partner and Spudo ApS, which operates a partner network bringing advertisers and digital partners together.

Spudo only enters into agreements with companies, associations and other legal entities whose owners are over the age of 18. Private individuals cannot become partners. Nor does Spudo work with companies in countries to which our bank cannot make payments.

The partner signs up via Spudo's platform at spudo.everflowclient.io and accepts these terms on registration. The agreement takes effect once Spudo has approved the partner and applies until it ends under the section on term and termination.

Spudo is free to approve or decline an application and is not obliged to give reasons for a rejection.

2Definitions

3Commission models

The commission for each campaign is shown in the platform. We work with four models:

4Spudo's obligations

Spudo provides:

• Operation of the platform and access to the services covered by the agreement
• Ongoing statistics on clicks, sign-ups, new customers and commission earned
• Tracking links, banners, logos and marketing guidelines
• Information about new campaigns and their terms
• Support and a dedicated contact person
• Payment of approved commission in accordance with the payment terms

If technical failures occur outside Spudo's control, such as an outage at an internet provider or tracking errors at an advertiser, we notify the partner and work to resolve the problem as quickly as possible. Such failures do not entitle the partner to compensation.

The commission shown in the platform is provisional until the advertiser has approved the results. Only approved commission is paid out.

5The partner's obligations

The partner must:

• Use Spudo's tracking links in all marketing and not alter their appearance, placement or function
• Have Spudo's approval before marketing a campaign
• Comply with the law in the countries the marketing targets – including marketing and data protection rules
• Comply with the special rules that apply to regulated industries such as gambling
• Hold the licences and permits the partner's own business requires
• Only market in the markets and channels the campaign is approved for
• Refrain from targeting marketing at people below the legal age for the product
• Keep the company and bank details on the account up to date

The partner is itself responsible for having the right to market the advertiser's products in the channels used and the markets chosen.

6Marketing that requires approval or is prohibited

Only with Spudo's written approval:

• Email marketing
• SMS marketing
• Brand bidding – bidding on the advertiser's brand as a keyword
• Incentives or rewards to users

If email or SMS is approved, messages may only be sent to recipients who have given prior consent, cf. section 10 of the Danish Marketing Practices Act, and every message must include a clear way to unsubscribe.

Always prohibited:

• Use of celebrities in the marketing
• Purchased, rented or harvested email and SMS lists
• Spam and unsolicited messages
• Misleading messages, hidden redirects and fake endorsements
• Marketing aimed at minors
• Messages without a way to unsubscribe

7Fraud, complaints and violations

Fraud is strictly prohibited. Fraud means any act intended to obtain an unjustified gain – for example fake sign-ups, chargebacks, bonus abuse, unauthorised incentives or manipulation of tracking.

Results caused by fraud or by marketing in breach of these terms do not trigger commission.

8Settlement and payment

Commission earned is shown in the platform under Reporting.

The partner can choose automatic payment to the bank details registered on the account, or send an invoice to invoice@spudo.com from the email address the account was created with.

Commission below EUR 500 is not paid out but is carried forward to the following month. The partner is responsible for the bank details being correct, and Spudo is not liable for payments lost due to incorrect or closed accounts.

Partners established in the EU must provide a valid VAT number and the documentation the VAT rules require. Trade between VAT-registered companies in different EU countries is settled under the reverse charge rules.

9Changes to account details

If the partner wants to change details on the account, this must be done in writing from the email address the account was created with. Changes to payment details may require a new check before any payout is made.

10Liability

The partner markets at its own expense and risk and is solely responsible for the content, legality and methods of its marketing.

Spudo is not liable for:

• Indirect and consequential loss
• Loss of business, revenue and profit
• Loss or corruption of data
• The partner's breach of marketing rules

The limitation of liability does not apply if the loss is caused by Spudo's intent or gross negligence.

The partner must indemnify Spudo against claims, fines and costs arising from the partner's unlawful marketing, incorrect information or other breach of the agreement.

11Personal data

Each party is an independent data controller for its own processing of personal data. The partner must have a valid legal basis – and valid consent where required – for the data used in the marketing, and must be able to document this to Spudo.

Read our privacy policy →

12Force majeure

Neither party is liable for failure or delay in performance caused by circumstances beyond the party's control, such as natural disasters, war, strikes, acts of public authorities or changes in legislation. The agreement is suspended for as long as the circumstances last, and the party invoking force majeure must notify the other party without delay.

13Term and termination

The agreement runs until it is terminated.

When the agreement ends, the partner must immediately stop using the platform, the tracking links and the advertisers' marketing material.

14Changes and assignment

Spudo may change these terms. Material changes are notified by email or in the platform, and continued use of the platform after the notice is regarded as acceptance of the new terms.

Spudo may assign its rights and obligations under the agreement to another company. The partner may not assign the agreement without Spudo's written consent.

15Governing law and venue

The agreement is governed by Danish law. Any dispute arising out of the agreement is settled by the Danish courts with the Court of Aalborg as the court of first instance.

16Contact

If you have questions about these terms, you are welcome to contact us. Invoices are sent to invoice@spudo.com.