banner

    AFFILIATE AGREEMENT

    This Affiliate Agreement (“Agreement”) is set to define the contractual relations between BugBounter OÜ, Estonia (“BugBounter”) and individuals or companies (“Affiliate”) bringing new customers to the www.bugbounter.com (“Platform”) and receiving a share of the Platform revenue. 

    BugBounter reserves the right to make changes to the Agreement any time. Affiliates will be notified of such change and such changes will be submitted to Affiliate’s approval.  If no approval is received from Affiliate, the contract will be canceled. It’s on Affiliate’s responsibility to check the updates/ emails and stop proposing the Platform to potential customers in case he/she disagrees with the changes.

    This Agreement becomes effective and executed between BugBounter and the Affiliate, whenever Affiliate creates his/her account on the Platform and stays effective as long as the account is not deactivated or terminated.   

    1. DEFINITIONS

    Platform/BugBounter: refers to the registered trademark owned by BugBounter, served over www.bugbounter.com, and all subdomains of the platform. This is a platform with the function of putting Customers’ vulnerability testing needs in contact with Affiliates.

    Affiliate: refers to a natural person or a company participating in BugBounter’s affiliate program. The Affiliate recommends the Platform to potential customers and let them register their account using Affiliate’s unique code/link.

    Customer: refers to a natural or legal person using the Platform to have tests carried out on their system in accordance with the vulnerability testing program defined.

    Agreement: refers to the whole or partial content of this document, namely the Affiliate Agreement.

    2. ABOUT THE AFFILIATE PROGRAM

    BugBounter Affiliate Program is a revenue sharing model motivating Affiliates to recommend the Platform to many potential customers.

    2.a. Affiliate Levels

    BugBounter Affiliate Program may have certain affiliate levels where each level corresponds to a particular revenue sharing model. Such a model may limit the type of revenues, duration and ratio of the  revenue share. The rules of getting to higher affiliate levels will be determined by BugBounter. Such rules may consist of monthly revenue generated by the customers led by Affiliate, number of customers, type of programs that such customers have chosen and several similar parameters.

    • Level 1 affiliates will earn 20% of the BugBounter revenue generated. Level 1 is the initial level for the affiliation program where the paid budget is above 2.500 EUR.
    • Level 2 affiliates will earn 30% of the BugBounter revenue generated. An affiliate is entitled as Level 2 if the active paid budget from the customers they introduced is above 5.000 EUR (thousand Euro).
    • Level 3 affiliates will earn 40% of the BugBounter revenue generated. An affiliate is entitled as Level 3 if the active paid budget from the customers they introduced is above 10.000 EUR (thousand Euro).
    • Level 4 affiliates will earn 50% of the BugBounter revenue generated. An affiliate is entitled as Level 4 if the active paid budget from the customers they introduced is above 25.000 EUR (thousand Euro).

    2.b. Customer PoC

    When a Customer led by an Affiliate agrees to open a trial (PoC) bug bounty program on BugBounter and becomes a reference client, Affiliate earns a fixed amount of 100 Euro. This amount may be subject to change under business circumstances. Affiliates will be notified of such change and such changes will be submitted to Affiliate’s approval. 

    2.c. Customer Registration

    A Customer led by an Affiliate should use the link or code provided to the Affiliate by the Platform. When multiple Affiliates recommend the same Customer, it’s on the customer choice to use code/link to one of them. BugBounter will not have responsibility for the decision of the Customer. Bugbounter’s financial responsibility will only exist over the link or code chosen by the Customer and BugBounter will not have any other financial responsibility. Once the Customer is registered to the system, it’s no longer possible to link it with an Affiliate, nor change the Affiliate.

    3. NON-EXCLUSIVITY

    This Agreement does not create an exclusive agreement between the Parties. Both BugBounter and the Affiliate will have the right to recommend similar products and services of third parties and to work with other parties in connection with the design, sale, installation, implementation and use of similar services and products of third parties.

    4. OBLIGATIONS OF THE AFFILIATE

    The Affiliate should act in a responsible and lawful manner while recommending the Platform to potential customers. If Affiliate realizes that the potential customer’s request will lead to a crime or criminal sanction or breach of personal data security during marketing, Affiliate should report this request to BugBounter.

    The Affiliate should act in a responsible and lawful manner while recommending the Platform to potential customers. If Affiliate realizes that the potential customer’s request will lead to a crime or criminal sanction or breach of personal data security during marketing, Affiliate should report this request to BugBounter.

    During this activity the following conduct is expressly prohibited:

    • Any marketing activity other than publishing some posts from Affiliate’s own private social media accounts unless BugBounter gives written consent;
    • Promising anything on behalf of the Platform / BugBounter;
    • Registering a Customer to the system even if the Customer has a consent; 
    • Use personal information of 3rd parties without their consent.

    If the Affiliate fails to fulfill its obligations willfully, the Affiliate will be liable for any damages that BugBounter may have or be directed to BugBounter by the Customer or a 3rd party.

    5. AFFILIATE COMMISION

    The Affiliate commission will be calculated by the Platform based on the net revenue (after deducting any validation or supreme validation fee) of the Platform. Affiliates will be able to monitor the commissions calculated by the system and ask anytime from the Platform to transfer commission balance using the payment method selected by the Affiliate (Bank transfer to IBAN account or PayPal transfer or crypto currency transfer). Any fee associated with the transaction will be deducted from the payment. BugBounter will initiate the transfer within 72 hours upon receiving the balance transfer request from the Affiliate unless otherwise agreed by the Parties.

    6. RELATION OF THE PARTIES

    Affiliate and BugBounter are independent, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. Affiliate will have no authority to make or accept any offers or representations on BugBounter’s behalf. Affiliate will not make any statement that reasonably would contradict anything in this item.  In cases where the damage caused by Affiliate’s wrongful act compensated by BugBounter etc., BugBounter has right to claim back the compensation or damage which BugBounter paid back from Affiliate.

    7. FORCE MAJEURE

    The Parties of the Agreement shall not be held liable for any delays in executing their obligations or any failure to execute his/her obligations resulting from these Terms and Conditions of use where the circumstances concerned relate to a force majeure event. In addition to those usually cited by Estonian case law, the following cases are expressly regarded as force majeure or acts of God: Total or partial strike, lock-out, riot, civil disorder, insurgency, civil or foreign war, nuclear risk, embargo, confiscation or destruction by any public authority, bad weather, epidemic, pandemic, blockage of means of transportation or supply for any reason whatsoever, earthquake, fire, storm, flooding, water damage, government or legal restrictions, legal or regulatory reforms to forms of marketing, malicious vulnerability testing program not recognized by a CERT, blocking of electronic communications, including electronic communications networks, as well as any calling into question of cryptographic techniques used by BugBounter.

    All cases of force majeure affecting the execution of obligations resulting from these Agreement and in particular access or use of services by the Affiliate will suspend execution of these Agreement as soon as the event occurs.

    It is expressly agreed between the Parties that the implementation of palliative means by BugBounter during the occurrence of a force majeure event may not result in BugBounter being held liable or paying compensation, without prejudice to Article 13 ”Limitation of Liability”.

    8. INTELLECTUAL PROPERTY RIGHTS

    The intellectual property rights of the Platform (including all accessible information, in the form of text, photos, images, sound, data, databases, including software and other underlying technology) belong to BugBounter.

    9. CONFIDENTIALITY

    “Confidential Information” means all confidential information disclosed by a party (“Disclosing Party”) to the other party (“Receiving Party”), (i) whether orally or in writing, that is designated as confidential, and (ii) Bugbounter customer and prospect information, whether or not otherwise designated as confidential. Confidential Information does not include any information that (i) is or becomes generally known to the public without breach of any obligation owed to the Disclosing Party or (ii) was known to the Receiving Party prior to its disclosure by the Disclosing Party without breach of any obligation owed to the Disclosing Party.  The Receiving Party shall: (i) protect the confidentiality of the Confidential Information of the Disclosing Party using the same degree of care that it uses with its own confidential information, but in no event less than reasonable care, (ii) not use any Confidential Information of the Disclosing Party for any purpose outside the scope of this Agreement, (iii) not disclose Confidential Information of the Disclosing Party to any third party, and (iv) limit access to Confidential Information of the Disclosing Party to its employees, contractors and agents. The Receiving Party may disclose Confidential Information of the Disclosing Party if required to do so under any federal, state, or local law, statute, rule or regulation, subpoena or legal process.

    10. TERMINATION

    BugBounter reserves the right to interrupt temporarily all or part of the service as well as the Affiliate’s account for reasons relating to the security of the service, the security of the Customer, the security of the Affiliate or a violation or suspected violation by the Affiliate of one of his/her obligations or without explanation for any reason that may deem necessary to BugBounter, in particular those set out in the Agreement.

    BugBounter also reserves the right to unilaterally end the contractual relationship resulting from the Agreement if the Affiliate commits any serious and/or repeated failings to meet one of his/her obligations as stated in the Agreement. This termination shall be in the form of a notification in accordance with Article 12. It shall be as of right, immediately and without prejudice to any damages or interest claimed by BugBounter.

    The Affiliate is entitled to terminate the Agreement any time with a written notification in accordance with Article 12 without any compensation liability unless Affiliate fulfilled with its obligation under this agreement.

    In case of termination of the contract for any reason, Affiliate immediately stops advertising, recommending and sharing links or codes on behalf of the platform and the platform will not pay any compensation to Affiliate (other than the deserved commission amounts until the date of termination), especially portfolio compensation, under any circumstances.

    Parties keep all kinds of information confidential in accordance with the ‘’Confidentiality’’ provisions stated in Article 9 of this contract.

    After the termination of the contract, Affiliate avoids any kind of explanation and similar actions that may damage the reputation of the platform. In the event of such a situation, the platform reserves the right to demand compensation from Affiliate.

    11. LIMITATION OF LIABILITY

    BugBounter will not be liable for indirect, special, or consequential damages (or any loss of revenue, profits, or data) arising in connection with this Agreement or the Affiliate Program, even if BugBounter have been advised of the possibility of such damages. Further, the Parties’ aggregate liability arising with respect to this Agreement and the Affiliate Program will not exceed the total Commission paid or payable to the Affiliate under this Agreement

    12. NOTIFICATION

    All notifications must be in writing, by the email given by the Affiliate while registering the Platform or by the pop-ups published on the platform during login. If the e-mail address of the Affiliate changes, the Affiliate is obliged to report this to the platform within 5 days. Otherwise, it is deemed that the notification has been received by the Affiliate, regardless of whether it is opened or not.

    13. COMPLIANCE

    The Parties shall comply with all applicable foreign and domestic laws, governmental regulations, ordinances, and judicial administrative orders. Affiliate shall not engage in any deceptive, misleading, illegal or unethical marketing activities, or activities that otherwise may be detrimental to BugBounter, its customers, or to the public.

    14. APPLICABLE LAW

    Except as otherwise provided for in this Agreement, this Agreement shall operate and be governed in accordance with the general principles of international commercial contracts. Any dispute afterwards will be arbitrated by each company’s local courthouse in accordance with the applicable law of local courthouse.