These guidelines are made available to you as a tool to ensure that you use the iZettle brand correctly and for the purpose intended by your agreement with iZettle.
We are confident that you as an authorized partner, retailer or affiliate of iZettle will promote and represent the iZettle brand to the best of your ability. However, as we have found that some of our partners have failed to do so, we deem it necessary to provide this legal notice just to be sure that you understand how much we value the iZettle brand and how important it is that you comply with these guidelines.
Your use of the iZettle brand (which includes everything from our trademarks, trade names, logos, slogans, symbols and designs to our colours that identifies us and our products and services) must at all times comply with your agreement with iZettle and these guidelines. We reserve the right to revoke any rights granted to you in respect to the use of the iZettle brand at any time by giving you notice to that effect. In such case you must immediately cease all use of and delete all references to the iZettle brand, including our trademarks, trade names, logos, symbols and design.
If you become aware of any use of the iZettle brand in breach of these guidelines, we kindly ask you to notify us at email@example.com.
Affiliate Program Agreement
This Affiliate Program Agreement (the "Agreement") is made and entered into by and between iZettle AB ("iZettle", "we" or ”us”), and you, ("you") the party submitting an application to become an iZettle affiliate. The terms and conditions contained in this Agreement and on the affiliate program website izettle.hasoffers.com (the “Affiliate Program Website”) apply to your participation in our affiliate program (the "Affiliate Program").
Currently we only accept applications from business users who are registered for corporation taxation and holds valid VAT registration number. Hence, we do not accept applications from private individuals who do not operate a business. If you are a private individual and wish to participate in an affiliate program for the promotion of our products and services we ask you to apply for an affiliate account with our affiliate partner Adjal at www.adjal.com. If you have any questions regarding signing up for an account with Adjal, please contact us at firstname.lastname@example.org.
By completing an Affiliate Program application, submitting the same through the Affiliate Program Website and making a declaration on a specific location in the registration, you agree to be bound by the terms and conditions of this Agreement. You furthermore affirm and acknowledge that you have read this Agreement in its entirety and agree to be bound by all of its terms and conditions, as well as to verify from time to time the e-mail notifications for any amendments to such terms and conditions, as set forth in section 13. If you do not wish to be bound by this Agreement, you should not submit an application to Affiliate Program. If an individual is accessing this Agreement on behalf of a business entity, by doing so, such individual represents that they have the legal capacity and authority to bind such business entity to this Agreement.
“Affiliate Account” means your Affiliate Program user account.
”iZettle Account” means an iZettle account created by an end-user through the registration process on our website, and through which such end-user gains access to our Services.
”Services” means the mobile payment service provided by us, which services enables our users to accept of debit and credit card payments by mobile phone and other compatible mobile devices.
”Referred Customer” means each new and unique business end-user who i) directly access our website www.izettle.com via the Link, where the Link is the last link to the website, ii) is not a computer generated user, such as a robot, spider, computer script or other automated, artificial or fraudulent method to appear like an individual, real live person, (iii) is not using pre-populated fields, and iv) successfully registers an iZettle Account for its access to and use of our Services.
Enrolment in the Affiliate Program
In order to become an affiliate with the Affiliate Program, you must complete the registration procedure and submit an application via the Affiliate Program Website. You must accurately complete the application to become an affiliate and not use any aliases or other means to mask your true identity or contact information.
You must inform us of any changes concerning the information given to us by updating your Affiliate Account. You shall protect the username and password issued by us and you will take full responsibility for your own, and any third party’s, use of your password and Affiliate Account. You are and remain solely responsible for all activities (including misuse) that take place through your password or Affiliate Account. You undertake to inform us immediately if you become aware of unauthorized use of your Affiliate Account.
If fraud or misuse via your Affiliate Account is suspected, which also includes the insertion in your Affiliate Account of false, incorrect, incomplete or outdated information, we may close down your Affiliate Account, without payment of any penalty or compensation. You then lose all Commission earned and the right to participate in the Affiliate Program. If your Affiliate Account is closed, you are not entitled to open a new Affiliate Account.
After we review your application, we will notify you of your acceptance or rejection to the Affiliate Program, generally within two (2) business days. We may accept or reject your application at our sole discretion for any reason.
Linking to our website
We will make available to you via the Affiliate Program graphic and textual links to our website www.izettle.com and/or other creative materials (collectively, the "Links") which you may display on websites owned or controlled by you, in emails sent by you and clearly identified as coming from you and in online advertisements (collectively, "Media"). The Links will serve to identify you as a member of our Affiliate Program and will establish a link from your Media to our website www.izettle.com. The Links are hypertext links that will be made available to you by us, and will incorporate unique Affiliates Program identifier information that will be provided to you by us. Each Link must connect directly to our website www.izettle.com.
You may not transmit "interstitial advertising" to users as they link from your site to our website, or otherwise interrupt such link through the use of any intermediate screen or device, including without limitation the use of any html pop-up window. In addition, you may not frame, or otherwise create a border environment or browser around, our website, or the contents thereof. You will be solely responsible for properly incorporating the Affiliates Program identifier information into your Link and testing the Link to ensure that it operates properly.
No Links can appear to be associated with or be positioned on chat rooms or bulletin boards unless otherwise agreed by us in writing. Any pop-ups/unders used for the Affiliate Program shall be clearly identified as served by you in the title bar of the window and any client-side ad serving software used by you shall only have been installed on an end-user's computer if the function of the software is clearly disclosed to end-users prior to installation, the installation is pursuant to an affirmatively accepted end user license agreement and the software be easily removed according to generally accepted methods.
Via your Affiliate Account you will get access to reports summarizing your Link activity. The form and content of the reports may vary from time to time at our discretion. To permit accurate tracking, reporting, and fee accrual, you must ensure that the Links between your site and our site are properly formatted. Failure to properly format and use the Links may result in a reduction to amounts, which would otherwise be paid to you pursuant to the terms hereof, or the termination of this Agreement.
Commission and payment
During the term of this Agreement, we will pay you a commission for each Referred Customer as listed on the Affiliate Program Website from time to time (the “Commission”). The Commission varies depending on which offers and/or campaigns you choose to promote. Information regarding current offers and campaigns are available through your Affiliate Account.
You may not, directly or indirectly, offer any person or entity any consideration or incentive for using the Links on your site to access our website. If we determine, in our sole discretion, that you are in violation of the foregoing sentence, we may withhold any Commission otherwise payable to you pursuant to this Agreement, in addition to all other remedies available to us.
We will pay you any Commissions earned monthly, provided that your account is currently greater than minimum amounts set out on the Affiliate Program Website from time to time. Accounts with a balance of less than the minimum amounts will roll over to the next month, and will continue to roll over monthly until the minimum is reached. We reserve the right to charge back to your account any previously paid Commission that is later determined to have been generated by a Referred Customer that is determined not to have met the requirements for a Referred Customer.
Payment of commission will be made in your local currency or in Euro if we cannot offer payments in your local currency.
Payments of Commission are made to Swedish bank accounts, including Bankgiro and PlusGiro. Payments to bank accounts in other countries than Sweden is made via BIC/IBAN. We offer payment via BIC/IBAN to a limited set of countries. You are responsible to verify that payment to a country can be made and that the receiving bank account is available via BIC/IBAN. You are charged for all transfer and receiving fees that may occur, which will be subtracted from our payments to you.
Payment of Commission is subject to that you have provided complete company name, corporate registration and tax number, address, bank account and payment information. If a payment cannot be made, the balance will accumulate until a payment can be made. We shall not be held liable for incorrect payments caused by your failure to provide true and correct information to us.
Payments of Commission will be made each calendar month within approximately thirty (30) days following the end of such month. We may require you to give us additional information, in order for us to comply with any applicable laws and regulations, including tax reporting requirements. You hereby agree to provide such information as we may reasonably request it for such purposes.
Payment of Commission is subject to that the invoice from you to us (provided you are a business registered for VAT outside Sweden within EU); (i) does not include any VAT to iZettle AB (the VAT liability will be reported by iZettle AB in Sweden under the reverse charge mechanism), (ii) quotes iZettle AB’s VAT registration number (“SE663000405601”), and (iii) includes the text "Reverse charge. (Businesses registered outside EU do not need to make the references mentioned under p. (ii) and (iii) on the invoices to iZettle AB). You must issue your invoice according to the above within sixty (60) days from the end of the calendar month during which the Commission is earned. If you fail to provide us with an invoice according to the foregoing you will loose your right to payment of the relevant Commission.
The Commission is exclusive of VAT. You are solely responsible for the payment of all applicable taxes, social charges and the like. We will pay VAT to you, where applicable, if you have provided and presented a registration for corporation taxation, a valid VAT registration number as well as a valid VAT invoice (according to the above terms).
You will have sole responsibility for the development, operation, and maintenance of, and all content on or linked to, your Media.
You must ensure that all materials posted on your Media or otherwise used in connection with the Affiliate Program (i) are not illegal, (ii) do not infringe upon the intellectual property or personal rights or any other rights of any third party and (iii) do not contain or link to any material which offend the morality and the public order, which includes any material that is harmful, threatening, defamatory, obscene, sexually explicit, harassing, promotes violence, promotes discrimination (whether based on sex, religion, race, ethnicity, nationality, disability or age), promotes illegal activities (such as gambling), contains profanity or otherwise contains materials that we inform you that we consider objectionable (collectively, "Objectionable Content").
You will not make any representations, warranties or other statements concerning us or any of our products or services, except as expressly authorized herein.
You will make sure that your Media does not copy or resemble the look and feel of our website or create the impression that your Media is endorsed by us or our affiliates or a part of our website, without prior written permission from us.
You will comply with all (i) obligations, requirements and restrictions under this Agreement and (ii) laws, rules and regulations as they relate to your business, your Media or your use of the Links.
You will comply with the terms, conditions, guidelines and policies of any third party services used by you in connection with the Affiliate Program, including but not limited to, email providers, social networking services and ad networks.
You will always prominently post and make available to customers any terms and conditions in connection with your promotion of our services and products, or as required by applicable laws regarding such promotions.
You will always make sure to not place ads on any online auction platform (i.e. eBay, Amazon, etc.).
You warrant to us that: i) this Agreement constitutes your legal, valid, and binding obligation, enforceable against you in accordance with its terms, ii) any information you provide to us in connection with your participation in the Affiliate Program will be true and correct, iii) the execution, delivery, and performance by you of this Agreement and the consummation by you of the transactions contemplated hereby shall not, with or without the giving of notice, the lapse of time, or both, conflict with or violate a) any provision of law, rule, or regulation to which you are subject, b) any order, judgment, or decree applicable to you or binding upon your assets or properties, c) any provision of your by-laws or certificate of incorporation, or d) any agreement or other instrument applicable to you or binding upon your assets or properties, iv) no consent, approval, or authorization of, or exemption by, or filing with, any governmental authority or any third party is required to be obtained or made by you in connection with the execution, delivery, and performance of this Agreement or the taking by you of any other action contemplated hereby, v) you operate a business (i.e. sole proprietorship, partnership, limited company), are registered for corporate taxation and hold a valid VAT registration number, and vi) your website(s) will not infringe, violate or misappropriate any copyright, trade secret, trademark, or other proprietary or intellectual property right of any third party or constitute libel, defamation, invasion of privacy or the violation of any right of publicity or any other right of any third party.
Except as otherwise provided in this Agreement or with the consent of us, you agree that all information, including, without limitation, the terms of this Agreement, business and financial information, customer and vendor lists, and pricing and sales information, concerning us or any of our affiliates provided by or on behalf of any of them shall remain strictly confidential and secret and shall not be utilized, directly or indirectly, by you for any purpose other than your participation in the Affiliate Program, except and solely to the extent that any such information is generally known or available to the public through a source other than you. You shall not use any information obtained from the Affiliate Program to develop, enhance or operate a service that competes with the Affiliate Program, or assist another party to do the same.
We grant you a nonexclusive, non-transferable, revocable right to use the Links and to access our website through the Links solely in accordance with the terms of this Agreement, for the sole purpose of identifying your Media as a participant in the Affiliate Program and assisting in increasing registration of iZettle Accounts through our website.
You may not alter, modify, manipulate or create derivative works of the Links or any of our graphics, creative, copy or other materials owned by, or licensed to, us in any way. You are only entitled to use the Links to the extent that you are a member in good standing of the Affiliate Program. We may revoke your license anytime by giving you written notice. Except as expressly stated herein, nothing in this Agreement is intended to grant you any rights to any of our trademarks, service marks, copyrights, patents , trade dress, domain names, software or trade secrets, and you shall not claim, at any time, the ownership of any such rights. You agree that we may use any suggestion, comment or recommendation you choose to provide to us without compensation, and any rights over amendments, improvements or adjustments based on such suggestions, comments or recommendations shall belong exclusively to us. We reserve all rights not expressly granted in this Agreement.
Term and termination
This Agreement shall commence on the date of our approval of your Affiliate Program application and shall continue thereafter until terminated as provided herein. You may terminate your participation in the Affiliate Program at any time by removing all Links from your Media, deleting all copies of the Links. We may terminate this Agreement at any time and for any reason, which we deem appropriate with or without prior notice to you by disabling the Links or providing you with a written notice. Upon termination of this Agreement for any reason, you will immediately cease all use of and delete all Links, plus all our intellectual property, and will cease representing yourself as an iZettle affiliate. All rights to validly accrued payments, causes of action and any provisions, which by their terms are intended to survive termination, shall survive any termination.
In addition to any other rights and remedies available to us under this Agreement we reserve the right to delete any actions submitted through your Links and withhold and freeze any unpaid Commission or charge back paid Commission to your account if (i) we determine that you have violated this Agreement, (ii) we receive any complaints about your participation in the Affiliate Program which we reasonably believe to violate this Agreement or (iii) any Referred Customer is later determined to have not met the requirements set forth in this Agreement. Such withholding or freezing of Commission, or charge backs for paid Commission, shall be without regard as to whether or not such Commission were earned as a result of such breach. In the event of a material breach of this Agreement, we reserve the right to disclose your identity and contact information to appropriate law enforcement or regulatory authorities or any third party that has been directly damaged by your actions.
You are expressly prohibited from using any persons, means, devices or arrangements to commit fraud, violate any applicable law, interfere with other affiliates or falsify information in connection with referrals through the Links or the generation of Commission or exceed your permitted access to the Affiliate Program. Such acts include, but are in no way limited to, using automated means to increase the number of clicks through the Links or completion of any required information, using spyware, using stealware, cookie-stuffing and other deceptive acts or click-fraud. We shall make all determinations about fraudulent activity in our sole discretion.
We may modify any of the terms and conditions of this Agreement at any time by providing you with a notification by email. The changes will become effective ten (10) days after such notice. If the modifications are unacceptable to you, you may terminate this Agreement without penalty solely on the account of such termination within such ten (10) day period. Your continued participation in this Affiliate Program ten (10) days after a change notice has been posted will constitute your acceptance of such change. In addition, we may change, suspend or discontinue any aspect of a Link or remove, alter, or modify any tags, text, graphic or banner ad in connection with a Link. You agree to promptly implement any request from us to remove, alter or modify any Link, graphic or banner ad that is being used by you as part of the Affiliate Program.
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS 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 SITES THAT ARE SIMILAR TO OR COMPETE WITH YOUR SITE(S). YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF PARTICIPATING IN THE AFFILIATES PROGRAM AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE, OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT.
YOU HEREBY AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS US AND OUR SUBSIDIARIES, AFFILIATES, PARTNERS AND LICENSORS, DIRECTORS, OFFICERS, EMPLOYEES, OWNERS AND AGENTS AGAINST ANY AND ALL CLAIMS, ACTIONS, DEMANDS, LIABILITIES, LOSSES, DAMAGES, JUDGMENTS, SETTLEMENTS, COSTS, AND EXPENSES (INCLUDING REASONABLE ATTORNEYS' FEES AND COSTS) BASED ON (I) ANY FAILURE OR BREACH OF THIS AGREEMENT, INCLUDING ANY REPRESENTATION, WARRANTY, COVENANT, RESTRICTION OR OBLIGATION MADE BY YOU HEREIN, (II) ANY MISUSE BY YOU, OR BY A PARTY UNDER YOUR REASONABLE CONTROL OR OBTAINING ACCESS THROUGH YOU, OF THE LINKS, OUR INTELLECTUAL PROPERTY, OR (III) ANY CLAIM RELATED TO YOUR MEDIA, INCLUDING BUT NOT LIMITED TO, THE CONTENT CONTAINED ON SUCH MEDIA (EXCEPT FOR THE LINKS). YOU SHALL BE RESPONSIBLE FOR THE PAYMENT OF ALL ATTORNEYS’ FEES AND EXPENSES INCURRED BY US TO ENFORCE THE TERMS OF THIS AGREEMENT.
THE AFFILIATE PROGRAM AND LINKS, AND THE PRODUCTS AND SERVICES PROVIDED IN CONNECTION THEREWITH, ARE PROVIDED BY US "AS IS". EXCEPT AS EXPRESSLY SET FORTH HEREIN, WE EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NO INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. WE DO NOT WARRANT THAT THE AFFILIATE PROGRAM OR LINKS WILL MEET YOUR SPECIFIC REQUIREMENTS OR THAT THE OPERATION OF THE AFFILIATE PROGRAM OR LINKS WILL BE COMPLETELY ERROR- FREE OR UNINTERRUPTED. WE DO NOT GUARANTEE THAT YOU WILL EARN ANY SPECIFIC AMOUNT OF COMMISSION. THE PROVISIONS OF THIS SECTION WILL SURVIVE EXPIRATION OR TERMINATION OF THIS AGREEMENT FOR ANY REASON.
LIMITATION OF LIABILITY
IN NO EVENT SHALL WE BE LIABLE FOR ANY UNAVAILABILITY OR INOPERABILITY OF THE LINKS, WEBSITES, TECHNICAL MALFUNCTION, COMPUTER ERROR, CORRUPTION OR LOSS OF INFORMATION, OR OTHER INJURY, DAMAGE OR DISRUPTION OF ANY KIND BEYOND OUR REASONABLE CONTROL. IN NO EVENT WILL WE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PERSONAL INJURY / WRONGFUL DEATH, SPECIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, LOSS OF PROFITS OR LOSS OF BUSINESS OPPORTUNITY, EVEN IF SUCH DAMAGES ARE FORESEEABLE AND WHETHER OR NOT YOU HAVE BEEN ADVISED OF THE POSSIBILITY THEREOF. OUR CUMULATIVE LIABILITY TO YOU, FROM ALL CAUSES OF ACTION AND ALL THEORIES OF LIABILITY, WILL BE LIMITED TO AND WILL NOT EXCEED THE AMOUNTS PAID TO YOU BY US IN COMMISSION DURING THE SIX (6) MONTHS IMMEDIATELY PRIOR TO SUCH CLAIM. THE PROVISIONS OF THIS SECTION WILL SURVIVE EXPIRATION OR TERMINATION OF THIS AGREEMENT FOR ANY REASON.
This Agreement contains the entire agreement between you and us with respect to the subject matter hereof, and supersedes all prior and/or contemporaneous agreements or understandings, written or oral.
Affiliate may not assign all or any part of this Agreement without our prior written consent. We may assign this Agreement at any time with notice to you. This Agreement will be binding on and will inure to the benefit of the legal representatives, successors and valid assigns of the parties hereto.
If any provision of this Agreement is held to be void, invalid or inoperative, the remaining provisions of this Agreement shall continue in effect and the invalid portion of any provision shall be deemed modified to the least degree necessary to remedy such invalidity while retaining the original intent of the parties.
Each party to this Agreement is an independent contractor in relation to the other party with respect to all matters arising under this Agreement. Nothing herein shall be deemed to establish a partnership, joint venture, agency, association or employment relationship between the parties.
No course of dealing or any delay in exercising any rights hereunder shall operate as a waiver of any such rights. No waiver of any default or breach shall be deemed a continuing waiver or a waiver of any other breach or default.
Governing law and arbitration
This Agreement shall be governed by and construed in accordance with the laws of Sweden, without reference to its conflicts or choice of laws provision. Any dispute, controversy or claim arising out of, or in connection with, this Agreement, or the breach, termination or invalidity of the Agreement, shall be finally settled by arbitration in accordance with the Rules for Expedited Arbitrations of the Arbitration Institute of the Stockholm Chamber of Commerce. The place of arbitration shall be Stockholm, Sweden. The language to be used in the arbitral proceedings shall be English.