1.PREAMBLE AND BINDING EFFECT

These comprehensive Terms and Conditions (hereinafter referred to as the „Agreement” or „T&C”) constitute a legally binding contract between Referio Global Limited, duly organized and existing under the laws of Gibraltar, operating the online affiliate marketing platform under the domain ByMe.world (hereinafter the „Platform”), and any individual or legal entity registering an account to utilize the Platform as an Affiliate (hereinafter collectively referred to as the „Parties” or „Users”). By finalizing the registration process and utilizing the Platform’s technical services, you unequivocally and irrevocably accept this Agreement in its entirety, including all subsequent amendments and applicable commission policies.

2.DEFINITIONS

For the purposes of this Agreement, the following capitalized terms shall have the meanings ascribed to them below:

Advertiser: A legal entity holding the right to operate an e-commerce website, which utilizes the Platform to secure Actions (Conversions) via the promotional efforts of Affiliates in exchange for a Commission.
Affiliate: A natural person over the age of 18, an authorized physical person (e.g., PFA), or a legal entity, operating as a professional, who utilizes the Platform to direct online traffic to Advertisers to generate Actions in exchange for a Commission.
Action / Conversion: A predefined measurable event (e.g., a sale of goods or services, newsletter subscription, or lead generation) completed by a Client on the Advertiser’s website resulting directly from the Affiliate’s online promotion.
Promotional Tools: Technological assets provided through the Platform, including but not limited to banners, text links, widgets, and product feeds (.csv or .xml formats), utilized by Affiliates to promote Advertisers.
Artificial Traffic: Any illicit method of inflating clicks or forging sales, including automatic redirects, unearned rewards for clicks, cookie stuffing, or unauthorized use of tracking links.
Client: Any third party who clicks any Promotional Tool displayed on the Affiliate’s Traffic Source and is, thus, directed to the Advertiser’s Website
Affiliate Commission: The performance related payment amount to which Affiliates are entitled for each and all completed Actions

3.PLATFORM REGISTRATION AND TRAFFIC TRANSPARENCY

3.1. Account Eligibility:

To lawfully operate on the Platform, Users must provide meticulously accurate, complete, and current information regarding their identity, legal status, and tax obligations. For Affiliates generating frequent income, ByMe reserves the right to mandate formal legal authorization (e.g., registration as a professional entity) as a strict condition for continued collaboration.

3.2. Declaration of Traffic Sources

Affiliates must explicitly declare and register all specific websites and online environments (Traffic Sources) they intend to utilize. A given website may only be registered under a single Affiliate account, and ByMe reserves the unilateral right to audit, approve, or reject any declared Traffic Source at any time.

3.3. Advertiser Preferences

Advertisers retain the right to explicitly designate which types of Traffic Sources they permit for their affiliate programs, categorized strictly as „YES,” „NO,” or „MAYBE” within the Platform.

4.ACCEPTABLE USE AND PROHIBITED PRACTICES

4.1. Content Restrictions

Affiliates are strictly prohibited from deploying Promotional Tools on environments that: contain or promote sexual, violent, defamatory, or discriminatory content; facilitate illegal file-sharing, piracy, or hacking; prejudice minors; or violate any third-party intellectual property rights. Websites where advertisements consume more than 50% of the visual space are similarly prohibited.

4.2. Deceptive Practices

Affiliates shall not utilize intrusive advertising mechanisms, including pop-ups or pop-unders. Furthermore, Affiliates must not employ links that mislead the user regarding the destination or force the placement of cookies onto a user’s browser without an explicit, voluntary click (Cookie Stuffing).

4.3. Brand Bidding Limitations

Affiliates are expressly forbidden from bidding on search engine advertising networks (e.g., Google AdWords) using keywords consisting of the Advertiser’s brand names, derivatives thereof, or domain names, unless expressly authorized.

4.4. Alteration of Tools

Affiliates must utilize the Promotional Tools exactly as provided by the Platform without alteration, save for the permissible use of established link-shortening services (e.g., Bitly).

4.5. SPAM Policy

The Affiliate is strictly prohibited from engaging in any form of unsolicited commercial communication, commonly referred to as „SPAM,” as defined under applicable national and international legislation. In accordance with Directive 2000/31/EC of the European Parliament and of the Council—the Affiliate must ensure that all promotional activities conducted via electronic mail or similar digital messaging services are predicated upon the explicit, prior, and informed consent of the recipient.

The Affiliate represents and warrants that they shall not dispatch any electronic communication containing or referencing the Platform’s Promotional Tools without having first secured the necessary legal permissions from the data subject. Furthermore, the Affiliate is contractually obligated to maintain detailed records of such consents and must, upon the first request of Referio Global, provide verifiable written evidence demonstrating that all recipients on their distribution lists have opted-in to receive such communications.

The Affiliate acknowledges that they bear full and exclusive professional and legal responsibility for any actions or omissions that result in a violation of anti-spam regulations. Any breach of this policy—including the failure to provide proof of consent or the utilization of deceptive transmission practices—shall be deemed a material breach of these Terms and Conditions, granting the Platform the right to immediately suspend or terminate the Affiliate’s account and cancel any accrued commissions. The Affiliate shall fully indemnify, defend, and hold Referio Global harmless against any administrative fines, third-party claims, or legal expenses arising from the Affiliate’s failure to comply with these anti-spam obligations.

5.TRACKING MECHANISMS AND ATTRIBUTION LIABILITY

5.1. Last-Click Attribution

The Platform operates strictly on a „Last-Click” attribution model. The Commission shall be wholly attributed to the Affiliate whose Promotional Tool generated the final click by the Client prior to the completion of the Action within the stipulated cookie validity period.

5.2. Affiliate’s Technical Obligations

Affiliates bear strict liability for the proper integration and continuous maintenance of the Platform’s technical tracking infrastructure on their websites,or other traffic sources specifically: the affiliate link to be updated.

5.3. Liquidated Damages for Tracking Malfunctions

ByMe is not in any way responsible for the incorrectly generated affiliate links. We provide the tools for generating them, but it’s the affiliate’s responsibility to make sure that they work and are correctly copied and promoted in all their traffic sources.

6.COMMISSION STRUCTURE AND FINANCIAL TERMS

6.1. Commission Life Cycle

Commissions generated via the Platform shall transition through the following legal statuses:

Pending: The Action has been recorded and is subject to Advertiser verification.
Generated: Commissions generated in selected period.
Earned: The Commission is legally validated, provided the Advertiser has collected full payment for the sale, the statutory return period has lapsed without a return, and no fraudulent activity occurred. If an Advertiser fails to process a pending commission within the designated Approval Term, the Platform shall automatically approve it.
Canceled: The Commission is invalidated. Advertisers must provide detailed, substantive justifications for any rejection.
Balance : The Commission has been approved, funds are secured.
Available funds: The portion of funds from “Balance” that is eligible for withdrawal.

6.2. Affiliate Payouts

Affiliates acquire the right to request a withdrawal once their „Available Funds” balance reaches a minimum threshold of 100 EUR (which is the minimum amount eligible for withdrawal) . Upon a valid withdrawal request, ByMe shall issue a 5 EUR operational fee invoice (plus applicable VAT) which shall be offset against the Affiliate’s payout.

6.2.1. To be eligible for the processing of any withdrawal request and the subsequent disbursement of Approved Commissions, the Affiliate must satisfy several mandatory and cumulative conditions regarding their account configuration. Specifically, it is a strict prerequisite that the Affiliate’s payment profile within their registered account on the Platform be completed in its entirety, providing meticulously accurate, complete, and current information regarding their identity and financial data. This documentation must include, but is not limited to, the Affiliate’s full name, a unique identification number (such as a VAT code or personal identification number), the country of operation, and a valid bank account (IBAN) designated for the receipt of funds.

For legal entities and authorized physical persons, eligibility for withdrawal is further contingent upon the successful generation and uploading of a valid fiscal invoice to the Platform’s billing section within the designated timeframes. Any failure to maintain a complete and correct account profile, or the provision of inaccurate data, shall result in the immediate suspension of payment eligibility; in such instances, the Platform shall be held harmless and exonerated from any liability or obligation regarding the failure to execute the requested transfer

6.3. Tax Obligations

6.3.1. For natural persons not registered as formal entities, ByMe shall not act as a withholding agent, all applicable income must be declared by each individual and taxes must be paid as mandated by law that governs each individual residence country. Payments are executed via bank transfer on each Tuesday of the subsequent week.

6.3.2. For all Affiliates operating as legal entities, authorized physical persons (PFA), or equivalent professional organizations, the eligibility for the disbursement of Approved Commissions is strictly contingent upon the fulfillment of specific cumulative documentary requirements. To initiate a valid withdrawal request, such Affiliates are professionally obligated to generate and upload a formal fiscal invoice (the „Affiliate Invoice”) to the designated section of the Platform.

It is a material condition of this Agreement that the total gross sum specified on said invoice must correspond exactly to the specific amount of the withdrawal request submitted via the Platform interface. Any discrepancy between the numerical value stated on the fiscal invoice and the requested withdrawal amount recorded in the Platform’s accounting ledger shall result in the immediate rejection of the withdrawal request.

Referio Global shall not be held liable for any delays in payment resulting from the submission of invoices that contain erroneous totals, mismatched data, or incomplete fiscal information.

6.4. Payment Currency

Regarding the technical execution of financial remittances, the Platform mandates that all monetary disbursements, including Approved Commissions and bonuses, shall be denominated and remitted exclusively in Euro (EUR). It is a material and mandatory obligation for every Affiliate to configure their Account Settings with a valid International Bank Account Number (IBAN) belonging to a financial institution that explicitly supports and accepts incoming Euro-denominated transactions.

Referio Global shall be held harmless and fully exonerated from any liability, including the non-delivery, rejection, or permanent loss of funds, should an Affiliate provide an IBAN or banking details that are technically incompatible with Euro transfers or SEPA protocols.

The risk of financial loss associated with the provision of incorrect, incompatible, or non-Euro-compliant banking information rests solely and absolutely with the Affiliate. Furthermore, any subsequent administrative costs, bank fees, or intermediary charges arising from rejected transfers due to such account incompatibility or errors in the provided data shall be the exclusive burden of the Affiliate and may be deducted from the „Available Funds” balance.

In accordance with these standards, any payment executed by the Platform to the banking coordinates registered in the Affiliate’s account shall be deemed a valid and final fulfillment of the Platform’s payment obligations.

7.COOKIE-BASED TRACKING AND ATTRIBUTION DISCLAIMER

The Affiliate and the Advertiser hereby acknowledge and agree that the Platform’s technical infrastructure for monitoring online traffic and identifying Conversions relies fundamentally on the utilization of digital identifiers known as „Cookies”. These Cookies are stored within the web browser of the Client (Visitor) at the moment of interaction with an Affiliate’s Promotional Tool and serve as the primary legal and technical basis for attributing a Commission to a specific Affiliate account.

It is a material condition of this Agreement that the successful recording and validation of any Action are strictly contingent upon the technical integrity and persistence of the Cookie on the Client’s device throughout the applicable Recurrence Period. The Users explicitly recognize that certain external factors beyond the control of Referio Global may impede or terminate the tracking process. Specifically, if a Client (i) manually deletes or clears their browser’s cookie cache, (ii) utilizes specialized software or browser settings to block or alter third-party cookies, (iii) navigates via „incognito” or private browsing modes that prevent persistent storage, or (iv) otherwise modifies the digital identifiers associated with the affiliate link, the Platform will be technically unable to monitor or record the resulting Action.

Consequently, in any instance where a Cookie has been deleted, expired, or altered by the Client prior to the completion of a Conversion, the Platform shall be unable to attribute said Commission to the Affiliate. Under such circumstances, Referio Global is hereby released from any and all liability, and the Affiliate waives any claim to remuneration for Conversions that cannot be verified through the Platform’s standard tracking logs. Furthermore, the Affiliate bears the professional responsibility of informing their website visitors, via a transparent Privacy and Cookie Policy, that such tracking mechanisms are in place, in strict accordance with European Union Directives and applicable data protection legislation.

8.ACCEPTANCE OF ADVERTISER-SPECIFIC TERMS AND INCORPORATION BY REFERENCE

By finalizing the registration process and maintaining an active account on the ByMe Platform, each User hereby acknowledges and irrevocably agrees that their participation is governed by a multi-layered contractual framework. This framework includes these general Terms and Conditions, the specific commission policies, and the individual terms and conditions established by each Advertiser for their respective affiliate programs.

It is a material and fundamental condition of this Agreement that the Affiliate’s decision to apply for participation in an Advertiser’s program, or the technical act of generating and utilizing any Promotional Tool—including but not limited to the creation of an affiliate link—shall be legally construed as the Affiliate’s full, unequivocal, and unconditional acceptance of that specific Advertiser’s terms, restrictions, and performance criteria.

These individual Advertiser regulations are hereby incorporated by reference into this Agreement and shall constitute an integral, binding part of the legal relationship between the User and Referio Global. The Affiliate specifically acknowledges that by engaging with a particular Advertiser’s program, they are automatically declaring their agreement with the methods of commission calculation, recurrence periods, and any additional operational restrictions set forth by said Advertiser within the Platform.

While the general provisions of these Terms and Conditions shall prevail in the event of a direct conflict, the Affiliate remains strictly liable for adhering to the specific mandates of each program they choose to promote. Consequently, any breach of an individual Advertiser’s rules shall be treated as a material breach of these overarching Terms and Conditions.

9.DATA PROTECTION, CONFIDENTIALITY, AND INTELLECTUAL PROPERTY

9.1. GDPR Compliance

All processing of personal data shall be executed in strict adherence to the General Data Protection Regulation (GDPR) (EU) 2016/679. Affiliates, acting as the primary point of contact with their visitors, are legally bound to provide transparent privacy notices and secure explicit consent from their visitors prior to the placement of any tracking cookies, maintaining standards fully compliant with the GDPR.

9.2. Confidentiality:

Users are bound by strict non-disclosure obligations regarding the Platform’s source code, algorithms, and business know-how, as well as the proprietary information of other Users. This confidentiality obligation survives the termination of this Agreement for a period of two (2) years. Conversely, aggregated, non-personally identifiable statistical data (e.g., Conversion Rates, Earnings Per Click) are explicitly deemed non-confidential and may be utilized publicly by ByMe for marketing and competitive ranking purposes.

9.3. Intellectual Property

ByMe retains exclusive, unencumbered ownership of all intellectual property rights associated with the Platform and its underlying technology. Users are granted a limited, non-exclusive, revocable, and non-transferable right to utilize the Platform solely for the purposes defined herein.

10.WARRANTIES, INDEMNIFICATION, AND LIMITATION OF LIABILITY

10.1. Mutual Warranties

Users represent and warrant that all provided information is accurate, that they possess all requisite licenses to operate their respective businesses, and that they hold the necessary rights to all content published on their Traffic Sources.

10.2. Indemnification

The User shall fully indemnify, defend, and hold harmless Referio Global (ByMe) from and against any and all third-party claims, damages, liabilities, costs, and expenses (including reasonable attorney’s fees) arising from the User’s breach of this Agreement, violation of applicable law, or infringement of any third-party intellectual property rights.

10.3. Limitation of Liability

The Platform is provided on an „AS IS” basis, without warranties of any kind regarding specific financial yields or uninterrupted service. Referio Global shall bear no liability for indirect, incidental, or consequential damages, or loss of profits. In any event, Referio Global’s maximum aggregate liability shall be strictly capped at the value of the fees or commissions paid to or by the respective User in the month immediately preceding the event giving rise to the claim.

11.TERM, SUSPENSION, AND TERMINATION

11.1. Term

This Agreement is valid for an initial term of twelve (12) months and shall automatically renew for successive twelve-month terms unless either Party provides written notice of non-renewal at least thirty (30) days prior to expiration. Users may terminate their use of the platform at any time with a 5-day written notice.

11.2. Termination for Cause

Referio Global reserves the unilateral right to immediately suspend or permanently terminate any User’s account without prior notice if there is reasonable suspicion of fraud, Artificial Traffic generation, or a material breach of these T&C.

11.3. Post-Termination Obligations

Upon termination, Affiliates must immediately cease all use of the Platform and irrevocably remove all ByMe Promotional Tools from their properties. Furthermore, Advertisers are strictly prohibited from entering into direct contractual relationships with any Affiliate they engaged through the Platform for a period of one (1) year post-termination; any breach of this non-circumvention clause shall incur a liquidated damages penalty of 1,000 EUR per infraction.

12.FORCE MAJEURE

Neither Party shall be held liable for failure to perform its obligations if such failure is caused by an unforeseeable, insurmountable event beyond its reasonable control (Force Majeure), provided the affected Party notifies the other within ten (10) working days of the event’s occurrence. Should the Force Majeure event persist for more than three (3) months, either Party may terminate the Agreement unilaterally.

13.GOVERNING LAW AND JURISDICTION

This Agreement, and any disputes arising out of or in connection with its execution or interpretation, shall be governed exclusively by the laws of Gibraltar. Any litigation, action, or proceeding shall be submitted to the exclusive jurisdiction of the competent courts chosen by Referio Global , based on the jurisdiction it operates.