1. Program Overview and Eligibility
1.1.
The Affiliate Program is provided by SimplyBook.me Ltd ("SimplyBook.me," "we," "us," or "our").
1.2.
Your participation is subject to this Agreement. We may, at our sole discretion, require that your registration be reviewed and approved before you can participate, and we may reject, suspend, or terminate your participation at any time, without notice or liability.
1.3.
You must provide truthful, complete, and verifiable information when registering.
1.4.
You become an affiliate once you have registered on the Affiliate Platform and accepted this Agreement, unless we notify you that your registration is subject to review, in which case you become an affiliate only upon our confirmation of approval, communicated through the Affiliate Platform or by email. You may not act as, describe yourself as, or hold yourself out as an affiliate of SimplyBook.me before you become an affiliate, or after your participation has been suspended or terminated. We may review your registration and promotional activities at any time and request any information reasonably needed to verify your compliance with this Agreement.
1.5.
Affiliate Platform.
The Affiliate Program is administered through the SimplyBook.me affiliate panel, currently operated on the SBPay platform ("Affiliate Platform"). SimplyBook.me may change the Affiliate Platform on notice to you.
1.6.
Other Programs.
SimplyBook.me may operate other affiliate or referral programs through other platforms, each governed by its own terms. This Agreement applies only to your participation through the Affiliate Platform. A commission is payable only once for any referred user. If a referred user or subscription purchase is tracked in more than one SimplyBook.me affiliate or referral program, SimplyBook.me will determine in good faith, based on the available tracking data, to which program and affiliate the commission is attributed, and no commission will be payable under this Agreement for any sale for which a commission is paid under another program.
2. Relationship of Parties & Warranties
2.1.
You are an independent contractor and nothing in this Agreement creates any agency, employment, joint venture, partnership, or other relationship beyond that of independent parties. The Affiliate shall have no authority to bind SimplyBook.me or incur any obligation or liability on behalf of SimplyBook.me Ltd.
2.2.
The Affiliate may not appoint sub-affiliates, agents, or delegates to perform any obligations under this Agreement without the prior written consent of SimplyBook.me. Any attempt to do so shall be void and may result in immediate termination of this Agreement.
2.3.
Nothing in this Agreement shall be construed as creating an exclusive relationship between the parties. SimplyBook.me reserves the right to enter into similar agreements with other affiliates or third parties at its sole discretion.
2.4.
The Affiliate agrees to comply with all policies, guidelines, and instructions provided by SimplyBook.me regarding the Affiliate Program, as may be updated from time to time. Failure to comply may result in suspension or termination of the Affiliate’s participation in the program.
2.5.
The Affiliate acknowledges and agrees that it is not entitled to any employee benefits, including but not limited to health insurance, retirement benefits, or any other benefits offered to employees of SimplyBook.me Ltd.
2.6.
The Affiliate is solely responsible for all tax obligations arising from any payments made under this Agreement, including but not limited to income tax, social security, and any other applicable taxes or levies.
2.7.
You represent and warrant that: (a) you have the right, power, and authority to enter into and perform under this Agreement; (b) your participation and promotional activities will not violate any law, rule, regulation, or contractual obligation binding on you; (c) all information provided to SimplyBook.me is true, accurate, and complete; (d) you own or otherwise have the necessary rights to utilize any content or technology involved in your promotional activities; and (e) you will not engage in any deceptive, misleading, illegal, or unethical marketing or activities relating to the Affiliate Program.
3. Program Participation
3.1.
You will only use approved SimplyBook.me links, banners, and marketing materials as provided by us, and only on websites and channels that you own or control and have identified in your Affiliate Platform account. We may object to any website or channel at any time, in which case you must stop using it for promotion of SimplyBook.me.
3.2.
You will not engage in any self-referral (including referral of your own entity or entities under your control), brand squatting, spam, unauthorized promotions, or other activities prohibited by this Agreement or by applicable law.
3.3.
You will not, at any time, register, own, operate, or use any domain name, subdomain, application, application name, social media account or handle, page, or other online property that incorporates "SimplyBook," "SimplyBook.me," or any name, mark, or term that is identical or confusingly similar to our trademarks or brand. You will not create, publish, or operate any website, application, landing page, or profile that reproduces our website content, copies our branding, or could lead a reasonable person to believe it is operated, endorsed, or authorized by SimplyBook.me, or is an official SimplyBook.me property. You will not impersonate SimplyBook.me or misrepresent your relationship with us. Promotional activity must clearly identify you as an independent affiliate and not as SimplyBook.me itself.
3.4.
Upon our written request, and in any event upon termination or non-approval of your participation, you will immediately cease all use of our name, trademarks, logos, content, and brand assets and remove them from all properties under your control within forty-eight (48) hours.
4. Commissions and Payments
4.1.
Commissions are paid solely as described in Schedule A, only on eligible subscription sales tracked and validated through the Affiliate Platform, and in accordance with the Affiliate Platform’s payment schedule, provided that any minimum payout threshold applied by the Affiliate Platform is met and you have supplied all required payment information. Tracking and validation records of the Affiliate Platform are final and binding for commission purposes, save for manifest error.
4.2.
All commissions are subject to our review before payment. We may withhold any commission while we verify that the related sale is eligible under this Agreement, including to detect fraud, self-referral, or other prohibited conduct.
4.3.
Commissions are paid through the payment methods indicated in the Affiliate Platform or otherwise communicated by us. You must provide valid and complete payment details when requested.
4.4.
If payment is unsuccessful due to incorrect or incomplete information provided by you, payment will be delayed until the issue is resolved.
4.5.
No commissions accrue from self-referral, improper or non-tracked sales, sales later refunded or charged back, or sales from non-subscription items.
4.6.
You are solely responsible for any taxes, fees, or charges related to your commission earnings.
4.7.
If a payment remains unclaimed or is returned to us, and you do not provide updated payment information within 90 days, the commission will be forfeited.
4.8.
We do not charge late fees or penalties for delayed payments unless caused by your failure to provide accurate payment information.
4.9.
SimplyBook.me may withhold, offset, or deduct from any amounts payable to you under this Agreement any amounts that are due from you to SimplyBook.me, including any amounts relating to chargebacks, refunds, overpayments, damages, indemnity obligations, or other liabilities or losses arising from your participation in the Affiliate Program.
5. Intellectual Property and Confidentiality
5.1.
All SimplyBook.me trademarks, content, and promotional materials remain our exclusive property. Your rights to use them are strictly limited to using only approved links, banners, and marketing materials as provided by us, and only as expressly permitted by this Agreement. You have no right to create derivative works, modify, or claim any additional intellectual property rights in any SimplyBook.me materials. Your rights are limited, revocable at any time at our sole discretion, non-transferable, and automatically terminate upon termination of this Agreement or your participation. SimplyBook.me retains full control over its intellectual property and may revoke your usage rights at any time for any reason. For the avoidance of doubt, no licence or right to use any SimplyBook.me trademark, name, logo, content, or other intellectual property arises, or is granted, before you become an affiliate under clause 1.4. Any use of our intellectual property before then, or any use outside the scope expressly permitted by this Agreement, is unauthorized and constitutes a material breach of this Agreement and an infringement of our rights.
5.2.
Both Parties agree to keep all confidential information received from the other party during the course of participation strictly confidential and to use such information solely for the purposes of this Agreement. Each party will protect the other party’s confidential information with at least the same degree of care as it uses to protect its own confidential information, but in no event less than reasonable care. These obligations will continue for at least three (3) years after termination of this Agreement.
5.3.
You will comply with the SimplyBook.me Affiliate Intellectual Property Usage Policy, as below which may be updated from time to time and forms part of this Agreement and is incorporated into it by reference. In the event of any conflict between this Agreement and the IP Usage Policy, this Agreement prevails.
5.4.
Intellectual Property Usage Policy. This Intellectual Property Usage Policy (the "Policy") sets out how affiliates may and may not use the name, trademarks, logos, content, and other intellectual property of SimplyBook.me Ltd.
5.4.1.
Condition of Use: Use of any SimplyBook.me intellectual property ("Brand Assets") is conditional on your having become an affiliate under clause 1.4 of the Agreement. Creating an account or accessing the affiliate system does not grant any right to use any Brand Asset unless you have accepted the Agreement. You may not use any Brand Asset after suspension, termination, or revocation of your participation.
5.4.2.
Brand Assets Covered: "Brand Assets" include, without limitation: the names "SimplyBook.me," "SimplyBook," and any variation; our logos and icons; our registered and unregistered trademarks; our website design, layout, copy, and other content; product screenshots and images; and any banners, links, or marketing materials we provide.
5.4.3.
Permitted Use: Once you become an affiliate under clause 1.4, and only within the scope of the Agreement, you may: use the SimplyBook.me banners, linking codes, and marketing materials we provide, unmodified, on the websites and channels identified in your Affiliate Platform account; refer to SimplyBook.me by name in factual, descriptive promotional content (for example, "I recommend SimplyBook.me for appointment scheduling"); use approved screenshots and product images made available to you through the affiliate dashboard.
5.4.4.
Prohibited Use: You must not, at any time, whether before or after you become an affiliate: register, own, operate, or use any domain name, subdomain, application, application name, social media account or handle, or other online property that incorporates "SimplyBook," "SimplyBook.me," or any identical or confusingly similar name or mark; create, publish, or operate any website, application, landing page, or profile that reproduces our website content or branding, or that could lead a reasonable person to believe it is operated, endorsed, or authorised by SimplyBook.me, or is an official SimplyBook.me property; operate any login, registration, sign-up, password, account, payment, or similar page or flow under, or using, the SimplyBook.me name or Brand Assets, or collect, request, or store any user credentials, account details, payment information, or personal data under the SimplyBook.me name or brand; modify, adapt, recolour, distort, or create derivative versions of any SimplyBook.me logo, trademark, or Brand Asset; reproduce our website copy, product descriptions, or marketing materials beyond the approved materials expressly provided to you; use the SimplyBook.me name or marks in paid search advertising (SEM/PPC), or bid on our name or variations as keywords, without our prior written consent; imply or represent any partnership, employment, agency, endorsement, or association with SimplyBook.me beyond your role as an independent affiliate; use Brand Assets on any website, application, or channel not identified in your Affiliate Platform account, or to which we have objected; use Brand Assets in any manner that is misleading, deceptive, unlawful, or damaging to SimplyBook.me's reputation.
5.4.5.
Identification as an Independent Affiliate: All promotional activity must clearly identify you as an independent affiliate of SimplyBook.me and must not present you as SimplyBook.me itself or as speaking on our behalf.
5.4.6.
Approval, Revocation, and Takedown: Your participation begins as set out in clause 1.4 of the Agreement. We may revoke permission to use any or all Brand Assets at any time, for any reason, at our sole discretion. Upon our written request, and in any event upon termination or non-approval of your participation, you must immediately cease all use of the Brand Assets and remove them from all properties under your control within forty-eight (48) hours.
5.4.7.
Consequences of Breach: Breach of this Policy is a material breach of the Agreement and may result in immediate suspension or termination of your participation, forfeiture of accrued commissions, and legal action, including a claim for injunctive relief and damages. You acknowledge that misuse of our Brand Assets may cause irreparable harm to SimplyBook.me for which monetary damages would be inadequate.
6. Data Protection
6.1.
The Affiliate shall comply with all applicable data protection and privacy laws and regulations, including but not limited to the General Data Protection Regulation ("GDPR"), the California Consumer Privacy Act ("CCPA"), and any other relevant data protection legislation. The Affiliate must implement and maintain appropriate technical, administrative, and organizational measures to protect personal data against unauthorised or unlawful processing, accidental loss, destruction, or damage. In the event of a personal data breach affecting any personal data processed in connection with this Agreement, the Affiliate shall notify SimplyBook.me without undue delay and, where feasible, within seventy-two (72) hours after becoming aware of the breach, providing all information reasonably required to comply with applicable data protection laws. The Affiliate shall cooperate fully with SimplyBook.me in relation to any data breach notifications and any requests or investigations by data protection authorities. You acknowledge that personal data you provide in connection with the Affiliate Program (including identification, contact, tracking and payment data) will be processed by SimplyBook.me for the purposes of administering the Affiliate Program, in accordance with SimplyBook.me’s 隱私權政策.
6.2.
The affiliate agrees to comply at all times with all applicable laws, regulations, and industry standards, including but not limited to anti-bribery and anti-corruption laws. Any failure to comply with such laws, regulations, or standards shall constitute a material breach of this Agreement and may result in immediate suspension or termination of the affiliate relationship, at SimplyBook.me's sole discretion.
7. 使用期限及服務終止
7.1.
This Agreement takes effect when you accept it and, where we require approval under clause 1.2, upon our approval of your participation, and will continue until terminated by either party.
7.2.
We may suspend or terminate your participation at any time, with or without cause, and without prior notice or liability. On termination for breach or prohibited conduct, all accrued commissions are immediately forfeited.
8. Limitation of Liability and Indemnification
8.1.
EACH PARTY DISCLAIMS ALL WARRANTIES TO THE MAXIMUM EXTENT PERMITTED BY LAW AND SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES, INCLUDING LOSS OF INCOME, WHETHER FORESEEABLE OR NOT, RELATED TO THE AFFILIATE PROGRAM. THE TOTAL LIABILITY OF EACH PARTY TO THE OTHER FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL NOT EXCEED THE TOTAL FEES PAID OR PAYABLE BY SUCH PARTY TO THE OTHER PARTY UNDER THIS AGREEMENT IN THE TWELVE (12) MONTHS, PRECEDING THE EVENT GIVING RISE TO THE CLAIM, EXCEPT WHERE PROHIBITED BY LAW.
8.2.
You agree to indemnify and hold us harmless for any claims, damages, losses, costs, or expenses (including attorney fees) arising from your participation in the Affiliate Program, any breach of this Agreement, or any violation of law.
8.3.
We agree to indemnify and hold you harmless for any claims, damages, losses, costs, or expenses (including attorney fees) arising from our breach of this Agreement or our gross negligence or willful misconduct.
9. Governing Law, Dispute Resolution, and Notices
9.1.
This Agreement is governed by the laws of the Republic of Cyprus. Any disputes will be exclusively resolved by the courts located in Limassol, Cyprus.
9.2.
Before pursuing litigation, both parties agree to try to resolve disputes by negotiation and, if necessary, mediation and arbitration, as further described on our website.
9.3.
Notices related to this Agreement will be delivered by email to your address provided in your application, or by updating our website. You are responsible for keeping your email address current.
10. 不可抗力因素
10.1.
Neither party will be liable for any failure or delay in performance under this Agreement (other than payment obligations) to the extent such failure or delay is caused by events beyond that party’s reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, civil unrest, government action, power or Internet outage, or other circumstances beyond the party’s reasonable control. The affected party must promptly notify the other party, and either party may terminate this Agreement if such circumstances continue for more than fifteen (15) days.
11. Compliance With Law
11.1.
You must comply at all times with all applicable laws, statutes, regulations, and industry standards in connection with your participation in the Affiliate Program, including but not limited to anti-bribery, anti-money laundering, export control, trade sanctions, marketing, and privacy laws in all jurisdictions where you promote SimplyBook.me.
12. Miscellaneous
12.1.
SimplyBook.me may, upon reasonable notice and during normal business hours, audit your relevant records, systems, and practices solely as necessary to verify your compliance with this Agreement and the accuracy of commission calculations. You will cooperate in any such audit. Failure to reasonably cooperate or evidence of non-compliance may result in immediate suspension or termination of your participation and forfeiture of any outstanding commissions.
12.2.
You acknowledge that your breach or threatened breach of the intellectual property, confidentiality, or misuse restrictions in this Agreement may cause irreparable harm to SimplyBook.me for which monetary damages would be inadequate. SimplyBook.me will have the right to seek immediate equitable relief, including specific performance and injunctive relief, in any court of competent jurisdiction without the necessity of posting bond or proving actual damages, and without obligation to pursue informal dispute resolution first.
12.3.
We may modify this Agreement, the IP Usage Policy, and the Affiliate Program from time to time. For material changes, we will notify you by email to the address in your application and/or by posting the updated terms, and the changes will take effect 14 days after notice. Your continued participation in the Affiliate Program after the changes take effect constitutes your acceptance of them. If you do not agree to the changes, your sole remedy is to terminate your participation before they take effect. Non-material changes may take effect upon posting.
12.4.
SimplyBook.me reserves the right to modify, suspend, or discontinue the Affiliate Program, or any portion thereof, at any time and for any reason, with or without notice and without liability. Continued participation after modifications are posted constitutes your acceptance of the changes.
12.5.
We may assign this Agreement with notice; you may not assign without our prior written consent.
12.6.
If any part of this Agreement is invalid, the remainder remains enforceable.
12.7.
This Agreement (including online schedules and policies) is the complete and exclusive agreement between you and SimplyBook.me regarding the Affiliate Program.
12.8.
The following provisions will survive expiration or termination of this Agreement for any reason: Confidentiality, Intellectual Property, the prohibition on lookalike domains, applications, and impersonation and the related takedown obligation (clauses 3.3 and 3.4), Indemnification, Limitation of Liability, Right to Withhold and Offset Payments, Compliance With Law, Dispute Resolution, and any other provisions which by their nature should reasonably survive.
12.9.
You may not issue any press release, public announcement, or otherwise disclose your participation in the Affiliate Program, or use SimplyBook.me’s name, logo, or trademarks in any advertising, marketing, press release, or promotional material without the prior written approval of SimplyBook.me, except as expressly authorized for program participation under this Agreement.
By registering for the Affiliate Program or otherwise accepting this Agreement, you confirm that you have read, understood, and agree to be bound by this Agreement, and that you have all necessary authority to enter into this Agreement on behalf of yourself or the entity you represent.
Schedule A: Commission Structure
25% commission on the first subscription purchase of each referred user.
15% commission on subsequent subscription purchases made by the referred user, for a maximum of two (2) years from the first purchase, provided that such purchases are tracked and attributed to you within the attribution period applied by the Affiliate Platform from time to time.
Minimum payout threshold:
as indicated in the Affiliate Platform from time to time.
付款:
commissions are paid after our review, in the currency and through the payment methods indicated in the Affiliate Platform or otherwise communicated by us.
Payment schedule:
validated commissions are paid periodically once any applicable minimum payout threshold has been reached, as indicated in the Affiliate Platform.
All commission terms and thresholds may be updated at any time by posting revisions online.