Terms of Use

1. General

Welcome to affilink ("the Service", "the Platform"). The Service is operated by Eyal Meshulam (VAT-exempt dealer), dealer no. 034162560, of 57 HaTichon St., Haifa (the "Operator", "we"). These terms govern the relationship between the Operator and users of the Service (businesses, vendors and affiliates). Using the Service constitutes full acceptance of these terms and of our Privacy Policy. If you do not agree to the terms, do not use the Service.

2. Definitions

• "Business" / "Advertiser": a party that launches an affiliate program and defines offers.
• "Affiliate": a party that promotes offers and receives a commission on conversions.
• "Offer": a product or service offered for promotion, including the commission terms.
• "Conversion": a qualifying action (e.g. a sale) reported to the tracking system.
• "Attribution window": the period during which a conversion is attributed to an affiliate's click.
• "Platform fee": the service fee charged by the Operator.

3. Accounts, registration and eligibility

Using the Service requires opening an account and providing accurate, up-to-date details. The Service is intended for users aged 18 and over, or corporations acting lawfully. By using the Service you represent that you meet this eligibility requirement and that you are authorized to enter into these terms (and, if acting on behalf of a corporation, that you are authorized to bind it).

You are responsible for keeping your access credentials confidential and for any activity in your account. Report any unauthorized use to us immediately. We may suspend or close an account that breaches these terms.

4. The Service and its use

The Service provides tools for tracking clicks and conversions, managing offers, attributing commissions and settlement. We aim for high availability but do not guarantee uninterrupted, error-free operation. We may change, add or remove features from time to time.

Shabbat and Jewish holidays: the website, including the dashboards, is closed to browsing on Shabbat and Jewish holidays, from about 10 minutes before candle lighting until about 10 minutes after Shabbat or the holiday ends, by Haifa times. A visitor outside Israel may also find the site closed according to Shabbat and holiday times where they are, including the second day of a holiday observed abroad. During that time, affiliate tracking links, the API, conversion reporting (postback) and payment notifications keep working, so that no sale is lost. Such closure is part of the nature of the Service and is not a malfunction or a breach of these terms.

Force majeure: we will not be liable for delay or disruption to the Service arising from circumstances beyond our reasonable control - including infrastructure or third-party provider failures, cyber attacks, natural events, strikes, or directions of a competent authority.

5. Pricing, subscriptions and payments

The Service is offered in various subscription plans, as detailed on the pricing page. Prices are denominated in US dollars (USD) and charged on the subscription's billing dates. Prices were calculated at an exchange rate of about 3 ILS per USD; if the exchange rate changes materially, we will update prices accordingly. A subscription renews automatically at the end of each billing period, unless cancelled beforehand through the account.

Monthly billing date: the monthly charge (next month's subscription and the past month's platform fees) is issued on the 15th of each month. If the 15th falls on Shabbat or a Jewish holiday, it is issued on the first weekday after it. We do not issue payment requests or send billing notices on Shabbat or holidays. (A receipt for a payment you made yourself on Shabbat or a holiday may be sent automatically by the payment provider.)

VAT: the displayed prices are the final prices - the price you see is the price you pay. The Operator does not currently charge value-added tax. Should VAT become applicable in the future, it will be added as required by law.

6. Commissions, invoicing and settlement

Commissions are calculated according to each offer's terms and reported in real time. A commission is attributed to an affiliate only if the conversion occurred within the offer's defined attribution window. The platform fee and marketplace fee are charged to the business in addition to the affiliate's commission, and do not reduce the commission the affiliate receives - the affiliate always receives the full rate stated in the offer. The two-tier referral split between two affiliates is the only exception derived from the affiliate's commission. All of this is subject to the provisions on Shabbat and holiday sales below: an affiliate who chose not to be credited with such sales is not entitled to a commission on them, and affilink currently takes no platform fee or marketplace fee on such sales.

A commission becomes payable after the conversion is approved and subject to the refund policy. In the event of a refund or cancellation, the corresponding commission is reversed (clawback).

"Paid when paid" - when a commission becomes payable: approval of a conversion establishes that the sale took place, but does not in itself create an immediate obligation to pay. Where the offer originates from an external vendor, the commission becomes payable only at the earlier of: (a) a prefunded vendor balance covering that conversion; or (b) the settlement period with that vendor being closed and marked paid, that is, once the business has actually received the money for that sale. For offers the business sells directly, with no external vendor, no such dependency exists and the commission becomes payable as soon as it is approved.

A delay arising from an external vendor not yet having paid the business does not constitute a breach of these terms by the business or by the platform. The affiliate is entitled to see at any time, in the platform interface, which conversions were approved, which of them are already payable, and why an approved conversion is still pending. Revenue sharing and actual payment take place directly between the business and the affiliate; affilink calculates, displays and records the settlement, but does not hold commission funds, is not a party to the payment between them, and does not guarantee it.

Invoicing and taxation: payment of a commission to an affiliate is conditional on providing a valid accounting document (an invoice / tax invoice / payment request, according to the affiliate's status - VAT-exempt or VAT-registered). Responsibility for reporting and paying tax on commission income rests with the affiliate alone. Full details in the getting-paid guide.

Sales on Shabbat and Jewish holidays: a sale counts as made "on Shabbat or a holiday" if, when it was made, it was Shabbat or a Jewish holiday (per the Hebcal calendar) at the buyer's location, approximated from the click, or at the seller's location, per the city the business or vendor set (default: Haifa). (a) An affiliate may choose, in their account settings, not to be credited with such sales. If they do, such a sale is recorded for reference only, earns the affiliate no commission, and neither the business nor the vendor is charged a commission or platform fee for it. The choice applies to sales made after it is saved. (b) affilink currently takes no platform fee and no marketplace fee on sales made on Shabbat or a holiday; commissions to affiliates and businesses are unaffected. This policy may change with prior notice and would apply only to sales after the change. (c) A business may mark an offer as "closed on Shabbat and holidays", in which case anyone following an affiliate link at such a time sees a notice page instead of reaching the store. If the calendar is unavailable, the link works as usual, and closing the store itself remains the business's responsibility.

Stores in affilink's network: a store may apply to join affilink's own affiliate network. affilink may approve or decline an application at its discretion, and may suspend a store that breaches these terms. A store in affilink's network pays no subscription. For each product it sets how much it pays for every sale that came through an affiliate; of that amount the affiliate receives their share (currently 75%) and the remainder is affilink's. affilink may change the split for new products; an existing product keeps the split it was approved with. Every new product enters the network only after affilink approves it. Each month the store is issued a statement for the sales approved in the previous month and undertakes to pay it on the agreed payment terms; affiliates' commissions on those sales are paid after the store has paid (see "paid when paid" above).

7. Affiliate conduct and disclosure

Affiliates undertake to promote offers fairly and honestly, and to act in accordance with all applicable law, including consumer-protection and advertising law. No misrepresentation may be made about a product, price or offer terms.

Disclosure obligation: where required by law or platform rules, the affiliate must clearly and prominently disclose to end users that the link is a marketing link that may earn the affiliate a commission.

8. Prohibited use

The Service may not be used, including in promotional activity, for any of the following:

• Fraud, false conversion reports, cookie stuffing or any other manipulation of the tracking system.
• Fake, automated or unlawfully incentivized traffic, and parasiteware, pop-ups or toolbars that inject attribution.
• Bidding on keywords that include the brand name of the Operator or the advertiser, or using domain names that imitate them.
• Promoting unlawful, offensive, infringing or misleading content.
• Attempting to penetrate, disrupt or circumvent the platform's security mechanisms.
• Sending spam or using prohibited messaging methods.

A breach of this section may lead to suspension, cancellation of commissions and account closure.

9. Third-party links

The Service may include links to third-party websites and services (e.g. advertiser sites and payment providers). We are not responsible for the content, availability or policies of those sites, and the inclusion of a link does not constitute any recommendation or warranty on our part. Use of third-party sites is subject to their own terms.

10. Direct marketing communications

By providing your details and your consent, you confirm that we may send you operational service messages as well as promotional material and marketing updates - by email, SMS or other means - in accordance with the Communications Law (Telecommunications and Broadcasting), 5742-1982.

You may withdraw your consent and stop receiving promotional material at any time, via the opt-out mechanism in each message or by contacting us. Service messages essential to operating your account (e.g. verification, billing or security alerts) may be sent even without marketing consent.

11. Intellectual property and infringement

All rights in the Service, including the software, design, logo and content, belong to the Operator or its licensors. They may not be copied, reproduced or used without express written permission.

Notice of infringement: if you encounter content on the Service that allegedly infringes your copyright or another right, contact us at legal@affilink.co.il with details of the infringement, and we will review the request and act to remove the infringing content as required.

12. Liability and its limitation

The Service is provided "AS IS". The Operator will not be liable for indirect, consequential or special damage, including loss of profits or data. The Operator's liability, if any, is limited to the amount paid by the user for the Service in the three months preceding the event. Nothing herein derogates from rights that cannot be contracted out of under law.

13. Indemnification

You undertake to indemnify and compensate the Operator, its employees and anyone on its behalf, for any damage, loss, expense or third-party claim (including legal fees and litigation costs) arising from your breach of these terms, your unlawful use of the Service, or content and promotional activity on your part - including claims of intellectual-property infringement, defamation or deception.

14. Termination

You may stop using and close your account at any time. We may suspend or terminate the engagement in the event of a breach of the terms. Upon termination, eligible commissions accrued up to the termination date will be settled subject to the settlement terms.

15. General provisions

• Severability: if a provision is found void or unenforceable, this will not affect the validity of the remaining provisions, and the provision will be interpreted as closely as possible to its original purpose.
• No waiver: the Operator's failure to enforce a right does not constitute a waiver of it or of any other right.
• Entire agreement: these terms, together with the Privacy Policy, constitute the entire agreement between the parties regarding the Service, and supersede any prior understanding or representation on the matter.
• Assignment: you may not assign rights or obligations under these terms without the Operator's prior written consent; the Operator may assign its rights and obligations.

16. Changes to these terms

We may update these terms from time to time. The updated version will be published on this page with an updated date. Continued use after an update constitutes acceptance of the updated terms.

17. Governing law and jurisdiction

These terms are governed by the laws of the State of Israel. Exclusive jurisdiction over any dispute relating to the Service or these terms lies solely with the competent courts of the city of Haifa.