Affiliate Program Terms

1. Introduction and acceptance

These Affiliate Program Terms (the "Affiliate Terms") govern your participation in the Foremetrics affiliate program (the "Program") operated by Foremetrics, a sole proprietorship established in the Netherlands, registered with the Dutch Chamber of Commerce (KvK) under number 42054682, with registered address at Le Mairekade 77, 1013 CB Amsterdam, the Netherlands ("Foremetrics", "we", "us" or "our").

These Affiliate Terms supplement, and do not replace, the Foremetrics Terms of Service and Privacy Policy. By submitting an affiliate application, accepting approval into the Program, or sharing or using a Referral Link, you confirm that you have read and agree to these Affiliate Terms in addition to the Terms of Service and Privacy Policy. If there is a conflict between these Affiliate Terms and the Terms of Service, these Affiliate Terms govern with respect to the Program only.

3. Eligibility

To participate in the Program you must:

• hold a valid Foremetrics Account in good standing and comply with the Terms of Service;
• be at least eighteen (18) years old and have legal capacity to enter into a binding contract;
• not be located in, or a resident of, any country or territory subject to a comprehensive embargo or sanctions by the European Union, the United States, the United Nations or, where applicable, the United Kingdom, and not be on any applicable sanctions or restricted-party list; and
• not be a current or former employee, contractor or agent of Foremetrics, unless we have agreed otherwise in writing.

Acceptance into the Program is at our sole discretion. We may approve, reject or revoke any application at any time, without giving reasons, in accordance with applicable law.

4. Affiliate account and Referral Links

Your Referral Link slug must be between 3 and 20 characters and may contain only lowercase letters, digits and dashes. The /?ref= and /r/ forms of your link are equivalent and may be used interchangeably.

Each individual may hold only one (1) affiliate account, unless we agree otherwise in writing. You are responsible for the security of your Affiliate account and for all activity that occurs through it.

Attribution is performed using a first-touch cookie set when a visitor clicks your Referral Link. The Cookie Window is sixty (60) days from the first valid click. If a visitor clicks more than one affiliate link before subscribing, the first valid click within the Cookie Window is credited. We may adjust attribution rules to prevent fraud or abuse.

5. Commission and payment

You earn a Commission equal to 10% of every Qualifying Payment made by each Referred Customer for the first twelve (12) months of that Referred Customer's paid subscription, starting from their first paid invoice. Each Referred Customer also receives 10% off their first month, as shown at checkout.

Commissions are calculated on the net amount actually collected by Stripe and exclude VAT or similar taxes, refunds, chargebacks and Stripe processing fees. Commissions accrue in EUR. Where a Referred Customer pays in a currency other than EUR, the amount is converted using our standard internal rate at the time of accrual.

Commissions enter a holding period of thirty (30) days after each invoice is paid, to allow for refunds, chargebacks and fraud checks. After the holding period and successful checks, a Commission is moved from Pending to Approved and added to your pending balance. We may still reverse a Commission after the holding period where the underlying payment is later refunded or charged back, in accordance with clause 6.

Payouts. Payouts are processed manually by Foremetrics once your pending balance reaches a minimum of EUR 50. Payouts are made in EUR via the payout method you select in your Affiliate dashboard (PayPal, SEPA bank transfer or Wise) within a reasonable period after a valid payout request, subject to our verification checks. You are responsible for ensuring your payout details are correct and up to date; we are not liable for payments sent to an account you have specified incorrectly. Balances below the minimum payout threshold carry over month to month. If your account shows no qualifying referral activity for twelve (12) consecutive months and your pending balance remains below EUR 50, we may — after notice by email — close your affiliate account, and any remaining balance below the threshold will be forfeited.

Foremetrics may change the Commission rate, holding period, minimum payout threshold or supported payout methods in accordance with clause 13.

6. Reversals and clawback

Commissions are reversed where the corresponding payment is refunded (in whole or in part), charged back, disputed, or where the Referred Customer's subscription is terminated for fraud or breach of the Terms of Service during the holding period. Reversals also apply where we reasonably determine that a referral was generated in breach of these Affiliate Terms (including the prohibitions in clause 8).

Where a reversal would result in a negative pending balance, we may offset the amount against future Commissions or, where there are no future Commissions, require repayment of amounts that have already been paid out to you that were not validly earned.

7. Disclosure obligations

You must clearly and conspicuously disclose your affiliate relationship with Foremetrics in every promotion, post, video, email or other communication that contains a Referral Link or recommendation of the Service. Where labels such as "#ad", "affiliate link", "paid partnership" or equivalent are required by applicable advertising, consumer-protection or platform rules (including the EU Unfair Commercial Practices Directive, the FTC Endorsement Guides, ASA guidance and equivalent rules in your jurisdiction), you must use them.

You are responsible for complying with all laws and regulations applicable to your promotional activity, including advertising, consumer-protection, financial-promotion, anti-spam, data-protection and tax law. You must not make any statement about Foremetrics, its pricing, features, performance or outputs that is false, misleading, exaggerated, or that we have not authorised.

8. Prohibited promotion

You must not, directly or indirectly:

• refer yourself or any Account that you own, control or coordinate with, including accounts of household members or affiliated entities, for the purpose of generating Commissions;
• offer cashback, rebates, discounts, gifts, points or other incentives to Referred Customers in exchange for using your Referral Link, unless we have approved the arrangement in writing;
• send spam or any other unsolicited bulk communication (including email, SMS, social-media direct messages, forum posts and comments), or otherwise breach any anti-spam or unsolicited-communication law;
• bid on the trademarks "Foremetrics" or close variants, misspellings or combinations thereof in paid search, or otherwise pay for placement that competes with our own paid search;
• engage in cookie stuffing, iframe stuffing, forced clicks, typosquatting, domain cybersquatting, fake review sites, fake coupon sites, or any other artificial or deceptive method of generating clicks or referrals;
• promote Foremetrics through any channel, page or content that contains illegal, hateful, harassing, defamatory, violent, sexually explicit, adult, or otherwise objectionable material, or that targets minors;
• present Foremetrics, its outputs, projections, AI features or any other content as personalised financial, investment, tax or legal advice, or otherwise act in a way that would require a financial-services licence;
• impersonate Foremetrics, claim to act on behalf of Foremetrics, or use the Foremetrics name, logo, screenshots, trademarks or branding beyond a factual mention of the Service identifying it as the subject of your promotion; or
• engage in any other activity that we reasonably consider fraudulent, abusive, harmful to the reputation of Foremetrics or in breach of applicable law.

Any breach of this clause 8 may result in immediate reversal of affected Commissions, suspension or termination of your Affiliate account, forfeiture of pending balances earned through the breach, and, where appropriate, legal action.

10. Tax

You are solely responsible for declaring and paying any income tax, social-security contributions, VAT or other taxes due on Commissions in your jurisdiction. Commissions are paid gross; Foremetrics will not gross up payments to compensate for any taxes, fees or charges deducted by your payment provider or imposed by your tax authority.

We may ask you to provide tax information (such as a tax identification number, VAT status or self-billing details) before processing a payout, and we may suspend payouts until that information is provided. Where required by law, we may withhold amounts from your Commissions and remit them to the relevant tax authority.

12. Termination and suspension

Either party may terminate participation in the Program at any time, for any reason, by written notice (including email or notice in the Affiliate dashboard). We may suspend or terminate your Affiliate account immediately, without notice, where you materially breach these Affiliate Terms or the Terms of Service, where we reasonably suspect fraud, abusive traffic, sanctions concerns, excessive chargebacks or other unlawful activity, or where required by law.

On termination, Commissions that were validly earned before termination, are not subject to reversal, and bring your pending balance above the minimum payout threshold, will be paid out at the next regular payout cycle. Commissions earned in breach of these Affiliate Terms, or affected by fraud or chargebacks, are forfeited. Clauses 6, 7, 8, 10, 11, 14 and 15 survive termination.

14. Disclaimers, liability and indemnity

Participation in the Program is provided on an "as is" and "as available" basis. We do not warrant any particular level of traffic, conversion, revenue or Commission, and we do not guarantee that the Program, Referral Links, tracking or the Affiliate dashboard will be uninterrupted or error-free. Nothing in these Affiliate Terms excludes or limits any liability that cannot be excluded under applicable mandatory law.

You agree to indemnify and hold Foremetrics, its officers, employees and agents harmless from any claims, damages, losses, costs and expenses (including reasonable legal fees) arising out of or relating to your breach of these Affiliate Terms, your promotional activities (including any failure to disclose under clause 7 or any prohibited promotion under clause 8), your misuse of our intellectual property, or your violation of any law or of the rights of any third party.

Subject to the first paragraph of this clause and to the maximum extent permitted by law, our total aggregate liability to you arising out of or in connection with the Program and these Affiliate Terms is limited to the total Commissions actually paid to you in the twelve (12) months preceding the event giving rise to the liability.

15. Governing law and disputes

These Affiliate Terms and any dispute arising out of or in connection with them or the Program are governed by the laws of the Netherlands. Where you are a consumer, this choice of law does not deprive you of the protection of mandatory provisions of the law of your country of habitual residence.

The competent courts of the Netherlands have jurisdiction over any dispute, except that, where you are a consumer, you may also bring proceedings in, and may be sued only in, the courts of your country of residence to the extent required by mandatory law. We encourage you to contact us first at support@foremetrics.ai so we can try to resolve any issue informally.