ApyHub B.V., with its registered address at Keizersgracht 520H, 1017 EK Amsterdam, the Netherlands, registered with the Dutch Chamber of Commerce (KvK) under number 83119582 ("we", "us" or "ApyHub"), thanks you ("you" or the "Affiliate Partner") for your interest in joining the ApyHub Affiliate Program (the "Affiliate Program"). These terms and conditions (the "Affiliate Program Terms") govern your rights and obligations in relation to your participation in the Affiliate Program, in addition to the ApyHub Terms of Service (the "General Terms").
Capitalised terms used in these Affiliate Program Terms have the meaning given to them here or in the General Terms. The provisions of the General Terms on liability, indemnity, governing law and jurisdiction are incorporated into these Affiliate Program Terms by reference.
Joining the Affiliate Program.
1.1. You may apply to join the Affiliate Program through the application form on ApyHub's affiliate page or through ApyHub's FirstPromoter portal ("FirstPromoter"). By ticking the box "I agree to the Affiliate Program Terms and Conditions", you confirm that you are at least 18 years old and agree to these Affiliate Program Terms and the General Terms. If you accept these Affiliate Program Terms on behalf of a company, you confirm that you are authorised to do so, and "you" then means that company.
1.2. ApyHub reviews each application and may accept or decline it at its sole discretion. Your participation starts when ApyHub confirms your acceptance.
1.3. You may hold only one Affiliate Program account. Creating, using or controlling multiple Affiliate Program accounts, directly or indirectly, is prohibited. ApyHub may suspend or close any such accounts and withhold or void any related Commission or payouts.
ApyHub's obligations.
2.1. Once you are accepted, ApyHub will provide you with your unique referral link (the "Referral Link"), access to your FirstPromoter dashboard, and promotional materials you may use to promote ApyHub's services.
2.2. ApyHub will pay you a commission (the "Commission") for payments made by Referred Customers, and a referral fee (the "Deal Fee") for Referral Deals, as set out in these Affiliate Program Terms.
Referred Customers.
3.1. A "Referred Customer" is a natural person or company that signs up for ApyHub using your Referral Link and subscribes to a paid ApyHub plan, in compliance with these Affiliate Program Terms. A person or company that already had an ApyHub account before clicking your Referral Link is not a Referred Customer.
3.2. Referrals are tracked with cookies that last 60 days from the click on your Referral Link. If the cookies expire or are deleted, or the visitor's browser blocks them, a customer may not be recognised as a Referred Customer.
3.3. If you believe a customer should be treated as a Referred Customer but was not recognised by the tracking, you may report it to ApyHub with supporting evidence. ApyHub will consider your report in good faith and decide whether the customer is treated as a Referred Customer.
3.4. Where circumstances are unclear or suspicious, ApyHub decides whether a customer is a Referred Customer, at its sole discretion.
Commission.
4.1. Unless agreed otherwise in writing, the Commission is calculated on each payment a Referred Customer makes to ApyHub for a paid ApyHub plan, whether monthly or annual, based on when the payment is made:
- 20% of each payment made in the first 6 months from the date the Referred Customer started paying for ApyHub; and
- 30% of each payment made from the 7th to the 18th month after that date.
4.2. Commission is earned only on payments made within 18 months from the date the Referred Customer started paying for ApyHub. No Commission is earned on payments made after that period. For example, an annual plan paid at the start earns 20% of that payment, and its renewal 12 months later earns 30%.
4.3. Commission is calculated on the amounts actually received by ApyHub, excluding VAT and other taxes, payment processing fees, refunds, credits and chargebacks. Custom company plans earn Commission only if ApyHub agrees to it in writing; referrals for such plans are otherwise handled as Referral Deals under Section 5.
4.4. If a payment on which Commission was earned is refunded, credited or charged back, the related Commission is cancelled. If that Commission has already been paid out, ApyHub may deduct it from future payouts.
4.5. ApyHub may hold Commission on a payment for up to 30 days after the payment is received to account for refunds and chargebacks.
Referral Deals.
5.1. A "Referral Deal" is a contract between ApyHub and a company you introduce to ApyHub for ApyHub for Companies plans or ApyHub Services (such as custom API integrations, custom kits, building new APIs, or the AI adoption program).
5.2. To qualify, you must introduce the company to ApyHub in writing (by email or through FirstPromoter), and ApyHub must accept the introduction. ApyHub will not accept an introduction for a company that is already an ApyHub customer or already in active discussions with ApyHub when you introduce it.
5.3. Unless agreed otherwise in writing, the Deal Fee for each Referral Deal is 10% of the Deal Value, up to a maximum of EUR 3,000 per Referral Deal. The "Deal Value" is the amount the customer is contracted to pay ApyHub, excluding VAT and other taxes: for ApyHub for Companies plans, the first 12 months of the contract; for ApyHub Services, the total project value.
A company plan of EUR 12,000 per year earns a Deal Fee of EUR 1,200, and a services project of EUR 40,000 earns the maximum Deal Fee of EUR 3,000.
5.4. The Deal Fee is earned once ApyHub has received the customer's payment for the Referral Deal. If the customer pays in instalments, ApyHub may pay the Deal Fee in proportion to the amounts received, unless agreed otherwise in writing. If the customer's payment is refunded or the deal is cancelled, Section 4.4 applies to the Deal Fee.
5.5. A customer that is part of a Referral Deal does not also earn Commission under Section 4 for the same payments.
5.6. ApyHub decides at its sole discretion whether to enter into a contract with any company you introduce. You are not entitled to a Deal Fee for deals ApyHub does not sign.
Payment terms.
6.1. ApyHub pays earned Commission and Deal Fees monthly, within 15 business days after the end of each calendar month, based on an invoice generated and verified through FirstPromoter.
6.2. The minimum payout in any calendar month is EUR 100. Amounts below EUR 100 roll over to the following month and accumulate until the minimum is reached. ApyHub may waive this minimum in writing on a case-by-case basis.
6.3. All amounts are calculated and paid in euros (EUR). Payments are made by bank transfer, including SEPA transfer, to the account details you provide in FirstPromoter. ApyHub may offer additional payment methods in the future. Any fees charged by your bank or payment provider are borne by you.
6.4. Invoices are generated automatically through FirstPromoter. You must provide and keep up to date the information needed for this, including your legal name, address, tax details and payout details. ApyHub may ask you to issue an invoice another way if FirstPromoter cannot generate one. ApyHub is not obliged to pay any amount until a valid invoice has been issued or generated.
6.5. You are responsible for declaring and paying all taxes due on the amounts you receive under the Affiliate Program, including VAT where applicable.
6.6. ApyHub makes no representation or guarantee of any kind about the revenue, profit or customers you may generate through the Affiliate Program.
Affiliate Partner's obligations.
7.1. You must not promote ApyHub or use your Referral Link:
- in any materials or in connection with any services that are illegal, infringe third-party rights, or are fraudulent, harassing, defamatory, discriminatory or violent;
- in any paid advertising, including pay-per-click systems such as Google Ads, Meta Ads or LinkedIn Ads, unless ApyHub has approved that specific campaign in advance in writing;
- by bidding on the keyword "ApyHub" in any pay-per-click system, including misspellings, different capitalisations, or combinations with other words;
- with coupon codes, discount codes or promotional offers that ApyHub has not provided to you in writing, including codes found on coupon sites or other public or private listings;
- for self-referrals, meaning sign-ups by you, your company, or your friends, affiliates, related persons or business partners;
- in unsolicited bulk messages (spam) by email, direct message or any other channel;
- on any website, community, repository or other asset owned, operated or maintained by ApyHub; or
- for any illegal activity, including fraud or money laundering.
7.2. You must clearly disclose your affiliate relationship with ApyHub wherever you share your Referral Link, as required by applicable advertising and consumer protection law.
7.3. You must describe ApyHub's services, pricing and features accurately, and must not make promises, guarantees or statements on ApyHub's behalf that ApyHub has not published or approved.
7.4. A customer referred in breach of this Section 7 is not a Referred Customer, and no Commission or Deal Fee is payable for that customer.
7.5. You are an independent contractor and not an agent, employee or representative of ApyHub. Nothing in these Affiliate Program Terms authorises you to act, contract or make representations on ApyHub's behalf.
License.
8.1. ApyHub grants you a limited, worldwide, revocable, non-exclusive, non-sublicensable and non-transferable license to use ApyHub's trademarks, logos, trade names, service names and copyrighted materials (the "Intellectual Property Assets") in your marketing and content while promoting ApyHub in accordance with these Affiliate Program Terms.
8.2. You must not alter, adapt, translate or create derivative works from the Intellectual Property Assets, or combine them with any other product or brand, without ApyHub's prior written consent. You must not use them in a way that suggests they belong to you or that you are ApyHub.
8.3. You must not challenge ApyHub's ownership of the Intellectual Property Assets.
8.4. If you become aware of any actual or threatened infringement of the Intellectual Property Assets, or of any claim that ApyHub's services infringe someone else's rights, you agree to inform ApyHub promptly and, at ApyHub's request and expense, to cooperate reasonably in addressing it.
8.5. ApyHub reserves all rights not expressly granted in these Affiliate Program Terms.
Data protection.
9.1. ApyHub processes your personal data to run the Affiliate Program, including tracking referrals and paying you, in line with the ApyHub Privacy Policy.
9.2. You are responsible for complying with applicable data protection law, including the GDPR, for any personal data you collect or process while promoting ApyHub.
Termination.
10.1. You may leave the Affiliate Program at any time by giving ApyHub written notice. Commission and Deal Fees earned up to the end of the calendar month in which you leave will be paid on the usual schedule.
10.2. ApyHub may end your participation with immediate effect if you breach these Affiliate Program Terms or any other terms agreed between you and ApyHub. In that case, all unpaid Commission and Deal Fees are forfeited.
10.3. ApyHub may end your participation at any time and for any reason by giving you at least 30 days' written notice. Commission and Deal Fees earned up to the end of the calendar month in which your participation ends will be paid on the usual schedule.
10.4. These Affiliate Program Terms end when your participation in the Affiliate Program ends. Sections 4.4, 6.5, 7.5, 8.3 and 9.2 continue to apply after termination.
Amendments.
11.1. ApyHub may amend these Affiliate Program Terms. We will notify you of any amendment at least 15 days before it takes effect. If you do not agree with an amendment, you may leave the Affiliate Program before it takes effect. Otherwise, you are deemed to accept it.
Contact.
Questions about the Affiliate Program can be sent to [email protected].
ApyHub B.V., Keizersgracht 520H, 1017 EK Amsterdam · KvK 83119582