Last updated: 13 August 2026
Unreviewed draft. Not legal advice. These terms have been drafted in-house to describe accurately how our platform actually works. They have not been reviewed by a qualified lawyer, and nothing here is legal advice to you. They are published so that our commitments are visible in writing rather than absent until a review concludes.
Passages shown as [LIKE THIS] are values we have deliberately left blank rather than guessed — principally our legal entity name and the governing law. Until they are filled in, treat the corresponding clauses as incomplete. Questions to hello@affilitera.com.
A note on how this is written. As with our Data Processing Addendum, we have avoided boilerplate. Where a term describes what our systems do, it describes what they actually do today. Where we cannot commit to something a contract of this kind usually promises — uptime, for instance — we say so rather than promise it.
These Terms of Service (the “Terms”) are an agreement between [LEGAL ENTITY NAME, COMPANY REGISTRATION NUMBER, REGISTERED ADDRESS] trading as Affilitera (“we”, “us”, “our”) and you, the person or organisation using the platform (“you”).
You accept these Terms by creating an account, by installing one of our applications on a storefront you control, or by otherwise using the platform. If you are accepting on behalf of an organisation, you confirm you are authorised to bind it, and “you” means that organisation.
These Terms incorporate our Privacy Policy, Cookie Policy and, where we process personal data on your behalf, our Data Processing Addendum. If you do not agree to them, do not use the platform.
Affilitera is affiliate marketing software with an affiliate network attached. In broad terms it:
We are a technology provider and a network operator. We are not a party to the underlying sale between an advertiser and its customer, and we do not sell the advertiser’s goods or services.
You must not, and must not permit anyone else to:
Activity we reasonably determine to breach this section may be reversed, withheld or deducted under section 6, and may lead to suspension or termination under section 9.
Attribution depends on a chain of events we do not fully control: a click must be recorded, the visitor must reach the advertiser, and a completed purchase must be reported back to us. Browser privacy controls, ad blockers, consent choices, an advertiser’s own site changes, and outages at a third-party network can each break that chain.
We therefore do not warrant that every referred sale will be tracked, or that any particular sale will be. Where a sale is not recorded, no commission arises on it under these Terms.
Reporting figures are provisional until the underlying transaction is confirmed by the advertiser or by the network it originated from. Figures may change as transactions are approved, corrected, cancelled or refunded, and a figure shown in a dashboard is not by itself a promise of payment.
Where the commission figure comes from. The commission on a transaction is the amount recorded for it by the advertiser or by the originating affiliate network. We split that recorded amount between the parties entitled to a share of it; we do not recalculate it from a sale value and a rate, because the recorded figure is the one that will actually be paid. Our own fee, where one applies, is a share of that same recorded commission.
Approval and reversal. Commission is earned only when the underlying transaction is approved. A transaction may later be reversed — because it was refunded, cancelled, charged back, duplicated, or found to breach section 4. A reversal is recorded against the period the original transaction belongs to, and reduces the balance accordingly. If a reversal lands after a payout has already been made, the amount may be deducted from your next payout, or reclaimed from you if no further payout is due.
Who owes whom. The commission on a sale is owed by the advertiser. Where we collect from the advertiser and pay the publisher, we do so as part of operating the network, and our obligation to pay a publisher is limited to amounts we have actually received from, or been settled by, the advertiser or the network concerned. Where a advertiser fails to pay, we will tell the affected publishers and pursue it, but we do not underwrite the advertiser’s debt.
Getting paid. Payouts require complete and valid payment details, any tax documentation we are required to collect, and a balance that has cleared any minimum threshold and holding period published for your account. We may withhold a payout while we investigate a suspected breach of section 4, or where a payment instruction cannot be verified. Payment provider fees and currency conversion may apply and are not absorbed by us unless we say so in writing.
Tax. Each party is responsible for its own taxes on what it earns. We do not give tax advice. Amounts stated exclude VAT or equivalent sales tax unless stated otherwise, and you must give us any information we reasonably need to meet our own reporting obligations.
Fees for use of the platform, where they apply to you, are those set out in the plan or order you agreed to, or in the pricing published at the time you signed up. Unless that plan says otherwise, fees are payable in advance, are non-refundable for a period already begun, and may be changed for future periods on reasonable notice under section 10.
If an amount you owe us is overdue, we may suspend the account after telling you. Nothing in this section limits our right to be paid the network fee described in section 6.
You keep ownership of everything you supply — your trademarks, creative, product data, offer descriptions and store data. You grant us a non-exclusive licence to host, reproduce and display that material to the extent needed to run the platform and your programme, including showing your offers to publishers and displaying your brand in our network directory. You confirm you have the rights to grant that licence.
We keep ownership of the platform, its software, and everything we supply through it. We grant you a non-exclusive, non-transferable right to use it while these Terms are in force and for their intended purpose. No other rights are granted by implication.
We may use aggregated, de-identified data derived from platform activity to operate, secure and improve the service and to produce statistics. We will not publish such statistics in a form that identifies you or your customers.
Sections 6, 8, 11, 12, 13, 14 and 15 survive termination, together with any other term that by its nature is intended to.
We develop the platform continuously and may add, change or remove features. We will not make a change that materially reduces a core function you rely on without telling you first, where we can reasonably foresee it.
We may amend these Terms. Where an amendment is material and adverse to you, we will give reasonable advance notice by email or in the platform before it takes effect, and the “last updated” date above will change. Continuing to use the platform after an amendment takes effect means you accept it; if you do not, you may terminate under section 9. We will not apply an amendment retrospectively to commission already earned.
The platform connects to services we do not control — ecommerce platforms such as Shopify, affiliate networks, and payment providers. Your use of those services is governed by their own terms, and their availability, data and decisions are theirs, not ours. Where a third-party network reports, approves or reverses a transaction, we record what it reports; we are not able to overrule it.
We work to keep the platform available and accurate, but we do not offer a contractual uptime commitment, and we say so plainly rather than imply one. The platform is provided “as is” and “as available”.
To the fullest extent the law allows, we exclude all implied warranties, including merchantability, fitness for a particular purpose and non-infringement, and we do not warrant that the platform will be uninterrupted, error-free, or that tracking will capture every referred sale. Nothing in this section affects statutory rights that cannot be excluded.
Nothing in these Terms limits liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, or for any other liability that cannot lawfully be limited.
Subject to that, neither party is liable to the other for loss of profit, loss of revenue, loss of anticipated savings, loss of goodwill, or any indirect or consequential loss, however arising.
Subject to the first paragraph of this section, our total aggregate liability arising out of or in connection with these Terms in any twelve-month period is limited to the greater of [CAP: e.g. the fees you paid us in the preceding 12 months] and [FLOOR AMOUNT AND CURRENCY].
We are not liable for commission that was not tracked, for an advertiser’s failure to pay, or for the acts or omissions of a third-party network or payment provider, except to the extent caused by our own breach of these Terms.
You will indemnify us against claims, losses and reasonable costs arising from your breach of section 4, from your infringement of a third party’s rights, or from content or offers you published through the platform. We will tell you promptly of any such claim, not admit liability without your agreement, and let you conduct the defence with our reasonable cooperation.
These Terms and any dispute arising out of them are governed by the laws of [GOVERNING LAW — JURISDICTION], and the courts of [COURTS — EXCLUSIVE OR NON-EXCLUSIVE JURISDICTION] will have jurisdiction over it.
If you are a consumer, this section does not deprive you of the protection of mandatory provisions of the law of your country of residence. Before starting proceedings, we ask that you raise the matter with us first at hello@affilitera.com so we can try to resolve it.
Questions about these Terms should go to hello@affilitera.com. Questions about personal data, or to exercise a data protection right, go to privacy@affilitera.com.