Terms and Conditions

These terms of service (“Terms” “Agreement”) represents a binding agreement between you (“Affiliate”, “you”, “your”) and Supersonic Partners (“Supersonic”,” “we,” “us” or “our”), and rule your use of Supersonic Partners’ (“Website”) and the content, products and services offered through the Website and associated websites (in group with the Website, the “Services”). By signing up to Supersonic Partners, you accept that you have read and understood this Agreement and agree to be bound by its terms and conditions. THESE TERMS MAY BE REVISED OR ALTERED BY US IN OUR DISCRETION, WITH OR WITHOUT NOTICE, AT ANY TIME. Your continued access or use of the Website or any other Services following such changes will be deemed approval of such variations. In addition, we reserve the right to modify or terminate providing all or any portion of the Services at any time, with or without notice. Be sure to visit this page from time to time or download and save this current version to ensure you are up to date with the latest updates. If you do not agree with the below terms please refrain from signing up to Supersonic Partners or accessing the system.

INTERPRETATION

The below terms must be taken into consideration for the forthcoming conditions

“Affiliate Program” – is proprietary website(s), platform, program, system, tracking system and all the associated tools delivered by Supersonic Partners that allows affiliates to promote products or services in order to earn a commission for an indicated action.
“Affiliates” – A marketing Affiliate/Network/Partner or Affiliate who is signed up to the Supersonic Partners and agrees to promote our products and/or services.
“Campaign” – A Campaign/Offer created by the Affiliate inside Supersonic Partners to promote a specific product and/or service.
“IO” – means the insertion order to be agreed in writing between the Parties following the Start Date and any additional service levels the Parties may from time to time agree in writing.
“Marketing Materials” – online marketing and promotion materials being entirely owned by the Affiliate Program – Page, Funnel, Ad, Newsletter, Email Template, Banner, Picture, GIF, Text Ad, Video, or any other type of online marketing and promotion materials.
“Affiliate Website” – A website being owned by the Affiliate which is being used for promoting Supersonic Partners’ offers.
“Tracking Link” – A specific link that contains the Affiliates’ unique ID in the Supersonic Partners platform. All internet traffic through these links is considered as being delivered by the Affiliate.
“FTD” – An action that indicates a triggered successful acquisition transaction/conversion by Supersonic Partners’ in favor of the Affiliate who promotes the Affiliate Program’s specific Campaign.
“Signup, Lead” – An action that indicates a triggered successful transaction/conversion by Supersonic Partners’ in favor of the Affiliate who promotes the Affiliate Program’s specific Campaign.
“Commission”, is the amount of compensation or payout generated by each Affiliate
Payment or Payout” – The amount owed to the Affiliate by Supersonic Partners, based on each successfully tracked action.
“Payout Rate” – The `Payout Rate is the rate of commission, either a fixed sum or calculated as a percentage, or a combination of both of the value of the earnings for each Sale, which Supersonic agrees to reward the Affiliate, following completion of each Sale/tracked Conversion produced by Supersonic’s Affiliates and in agreement with Supersonic Partners tracking system and the IO signed by the parties.
“Customer/Player/Clients/Leads” – An individual/end user who submits their information by using a marketing material tool provided by the Affiliate Program or the Affiliate website

ABOUT THE FEES AND PAYMENTS

1. The Affiliate will earn Payouts/Commissions for successful Sales/Conversions made through a Campaign as outlined in this agreement and the signed IO by the parties.
2. Supersonic Partners payment models: CPA (Cost Per Action), CPL (Cost Per Lead), CPC (Cost Per Click), CPM (Cost Per Mile) , Hybrid (CPA + Rev-Share), and Rev-Share (Revenue Share).
3. Affiliate Payment Timeframe – Monthly payment are being processed no later than the 20th of each month and terms are based on the IO signed by both parties.
4. Affiliates must provide and invoice not after the 10th day of each month. The invoice should cover any current outstanding costs due to be paid to the Affiliate by Supersonic Affiliates. Failing to comply with the invoicing process will lead to the roll-over of all due monies to the next billing cycle.
5. All Affiliate’s accounts will be paid in EUR Euro (€).
6. Affiliates shall be responsible for all applicable taxes.
7. In order for a payment to be issued all the following clauses must be true for each account the Affiliate’s controls or payment will not be made on that account;

7.1. Affiliate account is active. (See clause 19)
7.2. All accounts must have payment information on the system. Large networks with multiple accounts might request an exception to this rule.
7.3. If Supersonic Affiliates requires compliance documents, these must be provided in timely manner and must have been verified, and approved at Supersonic’s discretion.
7.4. The Affiliate Account is registered to the same individual/company that payments are being issued to unless otherwise specified.
7.5. Payment amount due exceeds the minimum payment threshold of €200.
7.6. The service/product for which the payment is due was agreed upon in a specific IO that was signed between the Affiliate and Supersonic.

8. Upon termination of this Agreement, all legitimate moneys due to an Affiliate that are collected from the applicable Affiliate Program, even amounts below the Payment Threshold, will be paid during the next billing cycle. For small amounts special arrangements, such as alternative payment methods, might be requested by Supersonic Partners.
9. Supersonic Partners may, on its own initiative, offset sums of money from the Affiliate’s account that are equal to former payments made by Supersonic in the following cases:

9.1. A chargeback or cancellation/refund has been made with respect to the applicable product and/or service;
9.2. There is an instance of a duplicate, fraudulent or incomplete entry or other similar error with respect to a customer order;
9.3. There are actions that do not comply fully with the terms of this Agreement and a specific IO, including where the applicable non-complying action is not the result of Affiliate’s Action, omission and/or failure to comply with the terms and conditions of this Agreement;
9.4. There is non-receipt of payment from the customer that entered into the subject action;
9.5. There is any failure on the part of Affiliate to comply with this Agreement and/or the applicable Campaign terms (collectively referred to as a “Chargeback”). Chargebacks requested by an Affiliate Program in accordance with this Section may be applied up to one hundred and eighty (180) days after the end of the month in which the applicable Affiliate’s payment was earned (“Chargeback Period”).

10. Supersonic Partners may request that the Affiliate’s payment will be postponed for up to one (1) payment cycle where:

10.1. The affiliate program is verifying a lead (for campaigns in which lead generation and/or CPA is a component of the Action);
10.2. The applicable Program Terms provide for such a postponement. The number or amount of Actions, credits for payments and debits for Chargebacks, as calculated by Supersonic, shall be final and binding on the Affiliate.

11. If Supersonic has any evidence (determined at its discretion) that an Affiliate has breached or violated the terms of this Agreement or the IO signed by both parties then Supersonic reserves the right to withhold payments until the situation has been fully investigated and cleared. This may ultimately result in the termination of the account and indefinite suspension of the funds. Evidence can be and will be provided, upon the Affiliate written request, in compliance with GDPR Laws and Privacy policies.
12. If the Affiliate account is requested to be closed with a positive balance and if the statements in clause are true, the Affiliate may be, at Supersonic’s discretion, eligible for a payout of his remaining fees/Commission.
13. By accepting this agreement, the Affiliate acknowledges they are responsible for full Dormancy Fees in relation to their account. Dormancy fees apply to an affiliate account where funds have been present for 6 months but the Affiliate hasn’t made any actions during that period. After 6 months from the last conversion date with no activity in the account, Supersonic has the right to remove funds and obtain them.
14. An Affiliate account is considered active as long as registrations are happening. Invalid or bot registrations will deem the account as inactive.
15. Dormancy fees will be applied after 6 months on inactivity as follow

15.1. Month #6 – €5
15.2. Month #7 – €10
15.3. Month #8 – €20
15.4. Month #9 and on – €25

16. Special consideration will be conceded upon “force majeure” or personal issues involving the Affiliate. The Affiliate should let Supersonic Partners know via e-mail about any special situation as early as possible to avoid Dormancy fees to be applied
17. No payout shall be payable to the Affiliate for any Conversions or Actions secured otherwise than in accordance with the terms of this Agreement and/or for any actions or transactions which are not genuine or which involve the use of fraudulent means including but not limited to any of those methods set out in clause 9 and if Commission has been paid to the Affiliate before Supersonic becomes aware of circumstances giving rise to this clause, this agreement enables Supersonic Partners to recover the paid commissions partly or fully.
18. In the case of evidence being provided that the Affiliate has been paid out for fraudulent, spam or falsified traffic, Supersonic will issue an invoice for those sums to be paid back by the Affiliate. Supersonic reserves the right to withhold future payments to the Affiliate in case this invoice is not paid in order to retrieve this sum. In addition, in such case Supersonic shall have the right to offset any sums owed by the Affiliate to Supersonic from the Affiliates’ sums received and/or held by Supersonic.

ABOUT FRAUD AND SALES VERIFICATION

19. All and every lead generated by the affiliate might and will be checked by Supersonic Partners fraud department.
20. Any deviation from the type of traffic agreed on the IO can and will lead to the account termination or the adjustment of the agreed commissions.
21. Supersonic Partners Fraud Department checks every lead diligently and can inform the affiliate in a period no longer than 30 days of the transaction being placed about the invalidity of the customer and the commissions it generated.
22. Whereas fraud is being performed through chargeback means, Supersonic Partners can inform the Affiliate in a period no longer than 180 days.
23. Any affiliate with a chargeback ratio higher than 0.5% (from the count of FTDs) can be deemed as fraudulent and all earnings void. This is not an automatic process and steps to be taken will be previously discussed with the Affiliate.
24. Proof of fraud can be provided by Supersonic Partners to the Affiliate in question, always in compliance with GDPR laws and Privacy Policies. Supersonic Partners will never disclose customers’ personal information or fraud methodology to Affiliates in order to avoid a fraud learning curve between the Affiliates population. Affiliates have the right to contest the fraud claim by providing proof via the customers completing the Brands KYC requirements.
25. Nevertheless, Supersonic Partners hold the right to sustain the fraud decision and void any due monies to the Affiliate.
26. For Media and Affiliate Networks, Fraud check is being performed per Advertiser, channel, or sub Affiliate and not to the account as a whole. This can and will lead to the immediate termination and earnings void for the specific channels but might not affect the commissions for other channels owed to the Media or Affiliate Network.

ABOUT TERM AND TERMINATION

27. This User Agreement shall commence on the date of The Affiliate’s acceptance to the Program as an affiliate and continue thereafter until terminated in writing or via Skype by either party.
28. There is no need for the Affiliate to confirm the reception of the above mentioned termination. We understand and consider that the communication channels provided by the Affiliate to Supersonic Partners are active and accessible to the affiliate.
29. Any issues arising from the malfunction of the above mentioned communication channels will not be considered as a valid justification to the termination notice lack of acknowledgement.
30. At any time, either party may immediately terminate this User Agreement, with or without cause, by giving the other party written notice of termination, where such notice may be served by e-mail and/or Skype
31. The termination period notice is of 24 calendar hours. Any new leads generating commissions after this 24 hour period can and will be voided by Supersonic Partners unless otherwise specified in written.
32. In the event of termination of this User Agreement, for any reason, The Affiliate has 24hs to remove all references to the Brands and/or the Program from his affiliate website(s) or other advertising means. In such an event The Affiliate shall cease the use of and remove from his website(s), emails, SMS, or other advertising means, all referral links and Intellectual Property and any other names, marks, content, logos, designs, or other proprietary designations or properties owned, developed, licensed or created by The Company and/or provided by or on behalf of The Company to The Affiliate pursuant to this User Agreement or in connection with the Program.
33. The Affiliate actively needs to remove (not hide, not move to lower positions or any other action of that kind) any marketing material provided by Supersonic Partners, being not allowed to mark any of our brands as inactive or terminated or any other derogatory remark. The right of use our brand names or any marketing material is effectively revoked once this agreement is dissolved.
34. If The Affiliate breaches the terms of this User Agreement, The Company is entitled to not only void any pending commissions but also to start legal action against the Affiliate in question.
35. Upon termination of this User Agreement by either party, The Affiliate shall no longer be entitled to receive any payment whatsoever from The Company or the Program and The Affiliate shall release The Company and the Program from all obligations and liabilities occurring or arising after the date of termination.
36. Termination of this User Agreement will not relieve The Affiliate from liability arising from any breach, including but not limited to breaches of confidential information, that occur prior to, at or subsequent to the time of termination. The Affiliate’s obligation of confidentiality towards The Company shall subsist the termination of this User Agreement for a period of three (3) years.

ABOUT TERMINATION REASONS

37. The affiliate account may be suspended or terminated under any breach of this agreement or the signed IO by the parties. Supersonic Partners reserves the right to terminate an account at any time without limitation. Including but not limited to the following common causes:

37.1. Supersonic Partners is made aware that the Affiliate supplied false information during his sign-up process.
37.2. Supersonic Partners determines (at its sole discretion) that fraudulent actions have originated from the Affiliate’s account.
37.3. The Affiliates was not reachable on the given contact information on his account.
37.4. The Affiliate failed to complete KYC compliance steps if these were requested.
37.5. The Affiliate was reported to be breaking any local, international or other applicable laws or regulations in the process of his promotions of a Campaign.
37.6. The Affiliate has a high chargeback or fraud rate. (See clause 23)
37.7. The Affiliate has displayed abusive behavior to a member of the Supersonic Partners staff or other members of the Supersonic Partners community including but not limited to Affiliate Managers, Finance Members or Support Members or any other 3rd party service providers.
37.8. Unethical/Inappropriate promotional methods (promoting to children, illegal promotional methods, explicit/violent material etc.)

38. On Suspension or Termination of the Affiliates’ account the functionality may be restricted, these include but are not limited to; no longer being able to access the Affiliate’s account, the redirecting or disabling of the Links, the deletion of data stored within the Supersonic’s system account and the ability to contact the Supersonic Partners Support Team.
39. Any funds currently accumulated inside the Affiliate program account at the point of account Termination will be lost. Supersonic Partners will accept no reasonability, financially or otherwise, for the loss of these funds or any related losses that come as a result of the account being terminated.
40. In specific cases (to be determined at Supersonic Partners’ sole discretion) Supersonic Partners may allow a suspended accounts funds to be paid out. In these cases Supersonic Partners may charge an administration fee for the payment which shall be set by Supersonic Partners only.

41. In the case that Supersonic Partners closes the platform any associated Affiliate accounts will also be closed and any due legitimate balance be cleared out on next billing period.

41.1. Upon termination, the Affiliate agrees to immediately remove from its Affiliate’s Website any and all Marketing Materials, Supersonic Partners’ Tracking Code and Pixel or other intellectual property made available to the Affiliate in connection with its performance under this Agreement. The representations, warranties and obligations contained within this Agreement shall remain in full force and effect after termination of this Agreement. All payment obligations expanding prior to the date of termination shall survive until fully fulfilled.

ABOUT CLAIMS

42. Any disputes or claims of possibly unpaid commissions should be presented in written to Supersonic Partners in a period no longer than 6 months of the said not paid commissions.
43. Claims for due balances after that period of time will be discarded.
44. Supersonic Partners will store proof of payments for a period of six (6) months
45. Supersonic Partners will provide proof of payment upon written request from the Affiliate.
46. The proof of payments shall be presented as bank statements, electronic wallet screenshots and or BTC wallets screenshots

ABOUT LIABILITY AND LIMITATION OF LIABILITY

47. Supersonic Partners shall not be held liable for the content of websites of third-parties, nor shall it be liable for any damages or other failures resulting from any defects of the participants’ software or hardware or their incompatibility with the Supersonic Partners system; Supersonic Partners shall also not be liable for damages resulting from the fact that the Internet was not available or malfunctioning.
48. Apart from that, Supersonic Partners shall be held liable only under the following circumstances, regardless of the legal grounds:

48.1. If one of its legal representatives or executives or other vicarious agents has acted intentionally or grossly negligently;
48.2. In the event of any culpable breach of an essential contractual duty of delayed performance or the impossibility of performance, in each case based on the respective merits. The expression “essential contractual duty” describes a duty in the abstract, the fulfillment of which is an essential pre-requisite for the due implementation of the agreement, and that is a duty on whose fulfillment the respective other party can rely as a general rule.
48.3. The material liability under clause 41.1 is limited to compensating the real damage to be established by the parties or by a court decision.

49. The above limitations of liability do not apply to cases of mandatory statutory liability, in particular liability under product liability law, liability for a guarantee that has been assumed, and liability for intentional or negligent injury to life, limb or health.