Date of this terms: 01.12.2023.

Version: 1.0

1. Acceptance of Terms

Welcome to the Xiphos Affiliate Program (“Program”). By registering for our Program, you’re not just joining an affiliate network; you’re becoming part of a community dedicated to promoting industry-leading online education programs.

When you register for our Program, you agree to abide by these Terms of Service (“Terms”). Please read them carefully as they constitute a legally binding agreement between you (“Affiliate”) and us, Xiphos d.o.o. (“Company”, “we”, “us”, “our”), a company registered in Croatia, EU.

Our goal is to create a productive and mutually beneficial partnership. We’re thrilled to have you on board and can’t wait to see the amazing things we can achieve together.

2. Eligibility

To be part of our growing Affiliate community, you must be at least 18 years of age with the legal capacity to enter into a binding agreement. We welcome affiliates from around the globe, encompassing both individuals and companies who share our passion for promoting high-quality online education programs. However, please be aware that certain jurisdictions are excluded due to legal restrictions, including countries currently at war or under international sanctions. By joining our Program, you affirm your compliance with these eligibility requirements.

4. Commission Structure

As an Affiliate, you will have the opportunity to earn a dynamic commission based on the sales you generate. For each sale, a commission between 10% and 40% will be awarded to you, setting up a promising earning potential. When it comes to recurring payments, the earning continues: you’ll be entitled to a 10% commission on each recurring payment, extending up until the customer opts to cancel their service.

For customers preferring a monthly payment structure, the benefits for you don’t change. In the first year, you’ll reap 40% of each monthly payment as your commission. Starting from the second year onward, the commission will be adjusted to a steady 10% rate. This flexible commission structure ensures that you can continue to earn rewards for your efforts as an affiliate.

5. Payment

As an Affiliate, your earnings are our priority. That’s why we’ve structured our payment schedule to provide regular payouts every two weeks. Your earnings are disbursed after the conclusion of the 30-day user trial period, ensuring that your commissions are secured.

We’ve set a minimum payout threshold at 1000€ for your convenience. If your commission total happens to fall short of this mark in any given payout period, don’t worry – your balance will simply roll over into the next period. Once you’ve hit the threshold, your earnings will be dispatched promptly. We also understand the need for flexibility, so if you’re keen on receiving your payout ahead of schedule, feel free to reach out and request an early payout.

7. Trial Period and Cancellations

We are committed to ensuring customer satisfaction and offer a 30-day trial period for our subscription programs. Should the customer decide not to continue with their subscription and cancel within this period, no commission will be earned by the Affiliate for that referral. However, if a customer does not cancel their subscription within the trial period and the subscription fee is charged, the corresponding commission will be reflected in the Affiliate’s balance. This policy promotes transparency and aligns with our commitment to ensuring a fair and effective Affiliate Program.

8. Use of Promotional Materials

As an affiliate, you are granted a non-exclusive, non-transferable, revocable right to utilize and creatively adapt our provided promotional materials to fit your unique marketing strategy. While modifications are permitted, it’s crucial that all adaptations preserve the integrity of our brand and uphold its respected reputation. Any derogatory use or misuse of these materials that may disparage or tarnish Xiphos’s reputation is strictly prohibited. This provision is designed to maintain brand consistency and reputation across all platforms where our promotional materials are used.

9. Ethical Marketing Practices

Affiliates are expected to uphold the highest standards of ethical marketing practices. This includes being transparent, honest, and respectful in all marketing efforts. Any activities that involve fraudulent or unethical behaviors, such as producing falsified sales, are strictly prohibited. Any affiliate found engaging in such practices will face immediate termination of their account, and all pending and earned commissions will be forfeited. This clause is designed to promote fairness and integrity within our affiliate program, to maintain our reputation, and to protect our valued customers.

10. Performance

To maintain an active status within the Affiliate Program, Affiliates are required to meet a minimum performance threshold. Specifically, Affiliates must generate at least 10.000€ in sales revenue per year for Xiphos. This amount is based on the value of sales directly resulting from the Affiliate’s promotion of our programs and services.

a) Performance Evaluation: Performance will be reviewed annually. If an Affiliate does not meet the required sales revenue threshold in any given year, we may, at our discretion, place the Affiliate’s account under review.

b) Account Review: During the review period, we will assess the Affiliate’s overall performance, promotional efforts, and compliance with the Program Terms. We will then determine, at our sole discretion, whether the Affiliate can continue participating in the Program.

c) Failure to Meet Performance Requirements: If an Affiliate repeatedly fails to meet the performance requirements, their account may be suspended or terminated in accordance with the termination clause in this Agreement.

11. Termination and Effect of Termination

In addition to any right or remedy that may be available to us under these Affiliate Terms or applicable law, we may suspend, limit, or terminate your account, at our sole discretion, at any time for any reason without notice to you, including if we believe that you have violated or acted inconsistently with the letter or spirit of these Affiliate Terms.

a) Voluntary Termination: If you decide to terminate your account voluntarily, you will forfeit any right to receive outstanding commissions at the point of termination. Any unpaid commissions will not be disbursed once your account has been terminated.

b) Involuntary Termination: If your account is terminated due to a breach of this Agreement or our rules, you will also forfeit any right to receive outstanding commissions. Any unpaid commissions will not be disbursed.

However, if your account is terminated for reasons other than a breach of this Agreement, any outstanding commissions due to you will be paid during the next billing cycle.

This provision is intended to ensure that both parties understand the financial implications of terminating their involvement with the Affiliate Program.

12. Dispute Resolution

Any disputes or claims relating to these Terms or the Program will be resolved through binding arbitration. The arbitration will be conducted in accordance with the rules of the Croatian Chamber of Economy.

13. Governing Law

These Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation shall be governed by and construed in accordance with the laws of Croatia.

14. Changes to these Terms

We reserve the right to amend these Terms at any time. We will notify Affiliates of any significant changes to these Terms.

15. Contact

If you have any questions or concerns about these Terms or the Program, please contact us at affiliate@xiphos.hr.