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1. Introduction of this document and the StartMail Affiliate Program

These Terms govern participation in the StartMail Affiliate Program (also referred to as “Program”), as well as any application submitted for that purpose to StartMail B.V. (also referred to as “StartMail”, “we”, “us”, and “our”).

The Program enables each Participant to earn Referral Commissions on purchases of StartMail’s services made by visitors who were successfully recognized as having been referred to StartMail.com by the Participant.

At StartMail we do our utmost to optimally protect the privacy of our visitors and customers. More detailed information about how we attribute sales to Participants while protecting privacy is provided further below (in section 6).

A list of definitions of the words in these Terms that begin with a capital letter can be found at the end of this document.

2. How you may become a Participant

If you are an authorized representative of a company or operate a sole proprietorship in accordance with the laws and regulations of the place where your business is established, you can use our online process to let us know that you would like your business to become a Participant in our Program. During this process you are informed that these Terms will apply.

By submitting your application to become a Participant, you personally guarantee that you are authorized to represent your company or business for this purpose. As part of the application, your company or business represents and warrants that becoming a Participant will not violate any contract, agreement, or legal obligation which it is subject to.

2.1. How we select Participants

We work tirelessly to design, build, and provide services that are as useful and as valuable as we can make them for our customers, with an optimal level of privacy. Our reputation in this regard is crucial to us. To accept a company or business as a Participant, we need to be able to trust that its values and practices sufficiently align with ours. Our selection process is aimed at verifying this. Unfortunately, we can’t give you a magic formula that will ensure that you will be accepted as a Participant but if you operate a reputable business in a way that respects or even elevates privacy in full compliance with applicable laws, it is very likely that we will gladly accept you as our Participant.

2.2. What if you are not selected

If your business is not accepted by us, it is likely that we have found an elevated risk that you might engage in practices which do not align with the values and goals that we aspire to. If you ask us, we will normally be able to tell you why we have unfortunately not been able to select you as our Participant. No hard feelings on our part, sometimes it’s just not the right match.

2.3. What happens when you are selected

If your company or business has been accepted as a Participant, you will receive confirmation thereof, normally via email. On the moment you receive our confirmation, a legal agreement between you and StartMail will have been concluded. These Terms and the information you have submitted during the application process are an integral part of this Agreement, to the extent this was accepted and confirmed by StartMail.

From here on in these Terms, we will use the word “you” to also refer to your company or business, as a Participant in the Program.

To facilitate your application to become a Participant and to administer our Program, we make use of an online platform developed and provided specifically to support affiliate programs such as ours (hereafter also referred to as the “Affiliate Dashboard”).

3. What becoming a Participant means in a legal sense

Becoming a Participant means that you are given the right to refer visitors to StartMail’s website at StartMail.com (including subdomains) and earn a Referral Commission each time a visitor that was recognized as referred by you purchases a subscription to the StartMail Service (as defined in the StartMail Terms of Service). As a Participant you will also be permitted to log in to the Affiliate Dashboard to view certain information relating to your performance as a Participant (e.g., your Referral Commissions) and submit settings or configurations to reflect your preferences.

All rights granted to you as a Participant are under the express condition that you comply with your obligations as provided or referred to in the Agreement.

Being accepted as a Participant will:

• Not make you an employee of StartMail;

• Not give you any right or authority to represent StartMail, process any personal data on behalf of StartMail, or enter into any obligation or agreement on behalf of StartMail;

• Not make you a part of the same corporate group as StartMail;

• Not establish a joint-venture, legal partnership, or agency between you and StartMail.

4. How you may refer visitors to StartMail.com

When you have been accepted as a Participant, you may place Customized URLs provided to you by or on behalf StartMail, as hyperlinked text, buttons, or banners on each website owned and/or legally operated by you and approved by StartMail (hereafter also referred to as “Participant Sites”).

When referring visitors to StartMail you must always comply with the laws which apply to your activities, and you must not violate anyone’s legal rights. This includes but is not limited to privacy rights and intellectual property rights.

To earn Referral Commissions and remain a Participant you must:

• Implement the Required Practices as described in section 10 below.

• Never engage in any Prohibited Practices as described in section 11 below.

It is your responsibility to ensure that each Participant Site complies with applicable law, operates and is available in accordance with the appropriate technical standards and protocols, and contains your Customized URLs in the correct formatting.

5. What transactions qualify for Referral Commissions

StartMail agrees to pay Referral Commissions for Qualifying Transactions, which are defined as:

All purchases within the first subscription year on yearly plans of StartMail’s services made and irreversibly paid by visitors who were successfully recognized as having been referred to StartMail by the Participant, excluding purchases resulting from or related to “Prohibited Practices” as described in section 11 below or other substantial violations of these Terms by the Participant.

This can include:

* The initial yearly payment

* Any additional purchases during the first subscription year such as additional mailboxes or other add-ons.

* Upgrades from monthly to yearly plans if the subscription is younger than 1 year

Each Qualifying Transaction entitles Participant to receive a (single) Referral Commission payment.

If a Qualifying Transaction is reversed (for example through a refund or a chargeback), then Participant is no longer entitled to the Referral Commission for that Qualifying Transaction. If a Referral Commission was already paid out to Participant for that Qualifying Transaction, then the Referral Commission amount will be deducted from Participant’s future Referral Commissions.

6. How sales are attributed to Participants

When a visitor clicks on a text, button, or banner linking to your Customized URL, the visitor will be referred to a page on StartMail’s website where the visitor can purchase a subscription to the StartMail Service. If the visitor purchases a subscription on that page, this sale will be attributed to you. If the sale is a Qualifying Transaction, you will earn your Referral Commission.

StartMail will additionally attempt to identify and attribute Qualifying Transactions to you by means of a cookie which is offered on the landing page which each Customized URL refers to. If the cookie is accepted and successfully set, it will be possible to attribute a sale to you even if the visitor does not complete the purchase in the same session but instead makes a purchase in a later session (or from StartMail’s general sign-up page). If a visitor who has accepted and not deleted such a cookie, later makes a purchase from the standard ordering page and not the Customized URL landing page, this sale can still be attributed to you with the help of the cookie.

Cookie window: 45 days.

In accordance with applicable law in the EU, such cookies can only be placed if the visitor provides consent. Although StartMail will make all commercially reasonable efforts to inform visitors of the purpose and non-invasive nature of these cookies, StartMail cannot provide any representations or warranties as to the number of visitors willing to accept such cookies. StartMail will make commercially reasonable efforts to attribute Qualifying Transactions to Participant even if a visitor has not accepted a cookie, to the extent that StartMail is able to do so in a manner which is fully consistent with StartMail’s focus on the protection of privacy of its customers.

You understand and agree that we are not able to attribute sales to you if visitors deliberately or inadvertently interfere with any technology used to attribute their purchases to you, including, but not limited to refusing cookies and failing to use your Customized URLs.

For clarity, if we attribute a sale to you, this does not mean that the customer is ‘yours’. The customer has purchased a service from us after you have referred them to us. We will reward you for the referral in accordance with the Agreement if your referral relates to a Qualifying Transaction.

7. How much Referral Commission is earned per Qualifying Transaction

The Referral Commission per Qualifying Transaction is provided on StartMail’s affiliate page, https://www.startmail.com/affiliate//, where the application process to be accepted as a Participant can be started or provided in the Affiliate Dashboard.

If StartMail is required by applicable law to withhold any taxes, the applicable amount will be deducted from the Referral Commission earned.

8. How you may verify the Referral Commissions you have earned

You may log in to the Affiliate Dashboard to see how many Qualifying Transactions have resulted from your referrals and how much you have earned in Referral Commissions.

To enable you to track performance of various pages on your Participant Sites, you can use different Customized URLs on different pages on your Participant Sites.

9. How and when your Referral Commissions will be paid

You may receive your Referral Commissions using your chosen payment method from the options provided by StartMail, normally via the Affiliate Dashboard.

StartMail will pay Referral Commissions for Qualifying Transactions through the Affiliate Dashboard or directly by StartMail approximately thirty (30) days following the end of the applicable month, where a minimum amount of $100 will need to be reached before payout will take place. Amounts less than $100 will be carried over to the next month.

Example: all of the commissions earned during March will be paid on April 30th (within 1-2 business days).

Any taxes that StartMail is required by law to withhold and any recalled Referral Commissions for refunded purchases or (other) non-Qualifying Transactions will be deducted and the remaining amount due will be paid.

StartMail reserves the right to place all or a portion of any Referral Commission payment on hold for thirty (30) days (in addition to the applicable payment term) if it has reason to believe Participant has not complied with these Terms. During the hold-back period, StartMail will ascertain whether Participant is in compliance with these Terms and ensure that the correct amount of Referral Commissions is paid to Participant. Before expiration of the hold-back period, StartMail will inform Participant of its reasoned decision about whether the referrals are accepted as valid or not and submit payment for any valid referrals that were not previously recognized as such.

In the event of overpayment of Referral Commissions by StartMail, we may require you to remit the amount that we overpaid, or we may offset the (remaining) overpaid amount against any Referral Commissions which we may owe at any (later) date.

10. Required Practices

10.1. Be transparent about your relationship with us

You must communicate and be transparent about providing links that will enable you to earn commissions, as intended under these Terms. You may describe in general terms the nature of your relationship with StartMail as a Participant, taking due care to avoid creating or contributing to incorrect impressions, while also avoiding disclosure of Confidential Information (see section 19 below). Any description provided by Participant about the affiliation with StartMail must be consistent with these Terms of this Agreement, in particular the description of what being a Participant means in a legal sense provided in section 3 above.

10.2. Respect and protect visitors’ privacy

When referring visitors to StartMail you must be mindful of the fact that we provide services aimed at protecting and enhancing the privacy of our customers. It is important that you show an awareness to the privacy interests of our potential customers and make reasonable efforts to help us optimally respect and protect their privacy.

As a website owner, at a minimum, you must provide a privacy policy on your Participant Sites explaining in sufficient detail your processing activities concerning the personal data or personally identifiable information (PII) of visitors, even if this is not already required under applicable law in your place of establishment.

Any e-mails referring to StartMail, StartMail.com, or any other aspects of StartMail, may be sent only to individuals who have consented to receive such emails, in accordance with the requirements of applicable law.

10.3. Implement appropriate technical and organizational security measures

You must ensure that all computing devices which you use as part of your activities as a Participant are sufficiently secure and cannot be abused by unauthorized parties without an exceptionally high degree of skill, effort, and persistence. This includes, without limitation:

• Choosing sufficiently long and unique passwords (preferably more than 12 characters);

• Not disclosing your login credentials to any unauthorized party;

• Informing us without delay if you become aware of unauthorized use of your device(s) or login credentials, and using available options to obtain and/or create new login credentials;

• Enabling full disk encryption on portable devices (such as laptops and smartphones);

• Automatically locking your device after a period of inactivity (e.g., 5 minutes);

• Installing any available security updates without delay;

• Running appropriate anti-malware and firewall applications (as commonly provided in modern operating systems).

10.4. Use materials provided by us in accordance with our instructions and license

We may provide you with materials such as logos, descriptions of our services, banners, graphics, and/or buttons, as well as instructions on how such materials should be used. If you use our materials, you must comply with any license and instructions given by us about how these should be used. See section 15 below for more information about licensed use of our materials.

From time to time, we may provide usage guidelines when linking to StartMail.com and using StartMail’s trademarks, logos, and other intellectual property. Any deviations from these Terms or any supplemental usage guidelines must be approved in advance by StartMail before any such links – text, graphical or otherwise – are used to promote your affiliation with StartMail in any way.

If you would like to use materials of ours that we have not provided to you for this purpose, you must ask our permission. We will not unreasonably withhold our permission.

10.5. Only provide pricing information when you are certain this is correct

StartMail determines the prices to be charged for its services. Prices and availability may vary from time to time. In the event Participant elects to display pricing and promotional offers of StartMail on Participant’s Site, Participant represents and warrants that such price and/or offer is correct and consistent with the price and/or offer presented to the customer on StartMail’s landing page to which Participant’s page refers and links with the Customized URL. StartMail shall have no liability or responsibility for any misquoted or incorrect prices listed on Participant’s Site.

10.6. Use appropriate channels in an appropriate manner

You may promote StartMail through reasonable advertising, marketing, and PR channels, provided that your marketing efforts always follow professional industry standards for appropriate conduct, as determined by StartMail at its sole discretion.

Acceptable channels for promotion include, but are not limited to, websites, social media, radio broadcast mention, email (newsletter) mention, video and/or television mention, conference displays, editorial content, and printed materials.

10.7. Request our approval for extensive marketing or promotional activities or campaigns

If you intend to run any campaigns which would include activities beyond placing pre-approved descriptions, links, banners, and/or buttons on your Participant Sites linking to your Customized URLs on our website, you must first request our approval.

Promotions that require the prior written consent of StartMail include, but are not limited to, press releases, offline print advertising, radio or television marketing campaigns, media kits, and graphics altered for co-branding. Any such promotion conducted without written approval of StartMail may be considered grounds for termination of your status as Participant and may invoke further legal action and forfeiture of commissions. Promotion shall be done at Participant's sole expense, unless cost-sharing arrangements are made in advance with StartMail.

If we identify any risk that your intended activities would harm our reputation, we may not provide approval or require you to take certain measures to reduce or eliminate such risk.

10.8. Inform us without delay about any subpoena or complaint and indemnify us

If you receive any subpoena or complaint from a private party or a supervisory authority about your activities in referring visitors to StartMail, you must inform us without delay. You will indemnify, defend, and hold harmless StartMail from any third-party claims resulting or arising from your acts or omissions.

11. Prohibited Practices

It is the intent of the Agreement to financially reward Participants for directing customers to StartMail.com to enable such customers to purchase StartMail products and services.

It is the intent of the Parties that all marketing practices of Participant result in purchases that are legitimate, customary, and within the requirements of this Agreement, the laws applicable to Participant’s conduct, and the rules and policies adopted by StartMail from time to time.

Certain, inappropriate marketing and traffic-driving tactics are set forth in this section, but this list is not exhaustive. StartMail may expand this list and/or adopt policies prohibiting other activities and tactics that StartMail finds objectionable. The use of any prohibited practices may result in termination of your status as a Participant and forfeiture of illegitimate Referral Commissions.

11.1. Spamming

Use of “spamming” (defined as emails unsolicited by the recipient) or similar tactics in conjunction with StartMail’s name, links to StartMail.com, StartMail’s logo or other intellectual property, is strictly prohibited and shall result in immediate termination of this Agreement and forfeiture of any illegitimate Referral Commissions. Referral Commissions generated directly or indirectly through “spamming” or similar tactics will not be honored.

11.2. Aggressive and/or Abusive Marketing

Use of aggressive and/or abusive marketing tactics is prohibited, including, but not limited to, adware/spy-ware, automated agents, robots, pop-unders, iFrames, hidden frames, cookie, device, program, or any other operation or process that may improperly influence the referral of an end user, generate impressions, clicks, transactions or interfere with StartMail's ability to properly identify and track Qualifying Transactions. The use of aggressive, abusive, or unethical practices will be grounds for immediate termination of this Agreement and forfeiture of Referral Commissions earned.

11.3. Pay-Per Click or Sponsored Links

Link is sent directly to StartMail.com or automatically redirected from the Participant’s Site to StartMail.com, as these types of direct referrals create confusion on the part of the consumer and suggest that StartMail.com placed the ad. A “Sponsored Link” means a link offered, created, or displayed for a fee (whether on a “cost-per-click” basis, commission, or any other commercial arrangement) by any Internet search engine using search terms or keywords to identify, draw attention to, or direct Internet traffic to an Internet site. The use of pay-per-click practices will be grounds for termination of this Agreement and forfeiture of Referral Commissions earned. Participant shall be solely responsible for any liabilities, losses, damages, demands, claims, or causes of action resulting from or arising out of claims made in advertising on the Participant Site.

11.4. Brand Name Bidding

Participant is not allowed to bid on keywords “StartMail”, “Startmail.com”, StartMail discount”, “StartMail coupon”, “StartMail special offer”, or any variations or misspellings thereof without our prior express written consent.

Participant may not bid on, purchase, or otherwise obtain any of StartMail’s logos, trade names, trademarks, images, URLs, messages, similar identifying material, or sponsored links on any Internet search engine or service which uses or includes the terms “StartMail”, “StartMail.com”, or any other trademarks, trade names, service marks, corporate names, URLs, or other similar general intellectual property right owned or licensed by StartMail or any parent, subsidiary, or other Participant of StartMail, or any common misspellings, typographical errors, or similar trademark or trade name that is substantially similar to the aforementioned marks.

A “sponsored link” means a link offered, created, or displayed for a fee (whether on a “cost-per-click” basis, commission, or any other commercial arrangement) by any Internet search engine using search terms or keywords to identify, draw attention to, or direct Internet traffic to an Internet site.

11.5. Automatic Redirects

Participant may not redirect visitors from Participant’s Site or advertisements automatically to StartMail.com. Such automatic redirects may suggest a relationship between StartMail and Participant that is beyond the scope of this Agreement.

11.6. Rebates and Commission Splitting

Participant may not offer or make any false representations about offering discounts, coupons, rebates, premiums and/or commission splits to customer visitors of the Participant’s Site in connection with purchases on StartMail.com, whether in the form of cash-back rebates or otherwise. Participant shall not pay users to purchase products or services from StartMail. Participant shall not permit any third party to place any Customized URLs on their website without StartMail’s prior approval.

11.7. Typosquatting / Cybersquatting

Participants may not use websites where the URL could be considered "cybersquatting" by registering, advertising on, or using a domain name with a common misspelling of the StartMail URL, a misspelling based on missed key, or extra key typing errors, differently phrased domain name a different top-level domain or any other URL that is confusingly similar to the StartMail URL.

12. Monitoring and compliance

StartMail has the right to monitor Participant Sites and other promotional efforts made by you from time to time as deemed necessary by StartMail, to confirm that all promotional materials and electronic links to StartMail.com are appropriate and comply with the terms of this Agreement. If StartMail determines, at its sole discretion, that links from Participant’s Site to StartMail.com or other marketing tactics of Participant are not appropriate or are in violation of this Agreement, StartMail may either notify Participant of any changes that should be made or terminate this Agreement and withhold payment of any illegitimate Referral Commissions.

12.1. Requested Changes

If StartMail notifies Participant of changes that must be made to StartMail-related portions of Participant’s Site or other promotional efforts made by Participant and such changes are not made within a reasonable timeframe, as specified in StartMail’s notification, StartMail may terminate this Agreement in writing. Upon termination of this Agreement for failure to comply with requested changes within a reasonable timeframe, Participant shall immediately remove all links to StartMail.com from Participant’s Site and cease all other promotional activity.

12.2. Link Modifications

StartMail may, at any time, modify the links described above, require Participant to modify the links, or dynamically replace the StartMail creative or text as StartMail deems necessary at its sole discretion.

13. Liability

If you intentionally or imputably violate our Agreement, we may recover all financial detriment (damages) which we may suffer as a result, from you. This may occur in particular, but not exclusively, if you engage in any Prohibited Practice as described in section 11 above. We may recover all costs from you which we reasonably need to make in order to limit, assess, and recover the damages we suffer as a result of your violation. If your violation has caused harm to our reputation, we may also recover an amount from you that appropriately compensates the harm that was caused.

Notwithstanding any of the above, you will normally not need to worry about liability if you act carefully to comply with this Agreement and not engage in any Prohibited Practices. Even so, you may wish to acquire appropriate (professional) liability insurance to transfer (a part of) your risk of liability.

14. Force Majeure

Neither Party will be liable for or will be considered to be in breach of or default under this Agreement on account of, any delay or failure to perform as required by this Agreement as a result of any causes or conditions that are beyond such Party’s reasonable control and that such Party is unable to overcome through the exercise of commercially reasonable diligence. If any force majeure event occurs, the affected Party will give prompt written notice to the other Party and will use commercially reasonable efforts to minimize the impact of the event.

15. License

For the term of this Agreement, and so long as Participant is not in breach or default hereof, StartMail grants Participant a non-exclusive, revocable license to: (i) access StartMail.com through the links solely in accordance with the terms of this Agreement and (ii) use StartMail’s logos, trade names, trademarks, images, messages, and similar identifying material (the "Licensed Materials"), for the sole purpose of identifying Participant’s Site as a Program participant and to assist in generating online Qualifying Transactions. Participant may not modify the Licensed Materials or any associated software (e.g., HTML) in any way without advance written permission from StartMail. Except as expressly granted in this Agreement, Participant shall have no other rights of any kind in regard to the Licensed Materials or any other intellectual property rights of StartMail.

Under no circumstances will anything in this Agreement be construed as granting by implication, or otherwise, a license to any of StartMail’s intellectual property or proprietary technology other than the use of the Licensed Materials, software, and the linkage to StartMail.com, in accordance with the terms of this Agreement.

16. Changes to these Terms

StartMail reserves the right to make minor amendments to these Terms at any time without notice to Participants.

Amendments to these Terms shall also apply in respect of Agreements that have already been concluded.

The most current version of these Terms of Service can be reviewed on the webpage on StartMail.com where you may submit your application to be accepted as a Participant.

Participants will be notified of any Amendments to these Terms which StartMail considers of material impact on Participants’ rights under the Agreement, at least 30 days before the amendment will take effect.

Participants have the right to refuse material amendments to the Terms of Service. Such refusal must be communicated to StartMail, by e-mail through support@startmail.com, before the date on which the amendments take effect. In such case, the Agreement will remain in effect unamended until terminated.

17. Termination of your status as a Participant

17.1. Right to terminate

Either Party shall have the right to terminate this Agreement upon thirty days prior written notice. Either Party shall have the right to terminate this Agreement upon written notice with immediate effect if the other Party has breached this Agreement to such extent that immediate termination is justified.

17.2. Participant to Cease Active Promotion of StartMail

Upon termination of this Agreement by either Party, Participant shall promptly remove all StartMail and StartMail Participant Program related content, Licensed Materials, and links from Participant’s Site, and promptly cease all active promotion of Participant's Customized URLs.

17.3. Rebroadcast Rights

Previously recorded broadcast content, including, but not limited to radio programs, podcasts, video, television, and other streaming content that originally contained StartMail promotional mentions or materials as an incidental portion of the broadcast placed by Participant in full compliance with the terms of this Agreement while this Agreement was in effect, may continue to be re-broadcast by Participant or others after termination of this agreement. After termination of this Agreement, StartMail is also permitted to rebroadcast content previously made by Participant about StartMail or its products and services, to the extent that Participant has provided consent for this. If this Agreement was terminated by StartMail for cause, for example due to Participant’s engagement in Prohibited Practices as described in Section 6 above, Participant is not permitted to rebroadcast any content related to StartMail.

17.4. StartMail to Cease Use of Participant's Name and Likeness

Upon termination of this Agreement, StartMail shall take reasonable measures to remove all marketing and promotional materials from StartMail.com referencing Participant, and shall take reasonable measures to cease the use of Participant's name or likeness in all other promotional contexts.

18. Interpretation and conflict resolution

The Agreement shall be governed by the laws of the Netherlands, without regard to any conflict of law provisions.

The court of the Hague, the Netherlands, shall have exclusive jurisdiction to settle disputes relating to the Agreement which cannot be settled amicably, except if Dutch imperative law should provide otherwise.

If StartMail requires urgent legal measures or relief against Participant and the court chosen above cannot provide this, StartMail may submit an application to any other court in any other jurisdiction.

Changes in management or legal form will not affect these Terms.

Partial nullity: if one or more of the provisions of these Terms should be nullified, the remaining provisions of these Terms shall remain in full force. In this case, the Parties shall agree on (a) new provision(s) to replace the nullified provisions, having regard to the purpose and purport of the original Terms as far as possible.

If StartMail does not exercise or enforce a legal right or remedy which is available to StartMail under these Terms and applicable law, this will not constitute a formal waiver and StartMail will still be entitled to such rights or remedies.

Each Party may not assign this Agreement, by operation of law or otherwise, without the other Party’s prior written consent. Subject to that restriction, this Agreement will be binding on, inure to the benefit of, and enforceable against the parties hereto, their heirs, administrators, successors, and assigns. Either Party’s failure or agreement not to enforce strict performance of any provision of this Agreement in a given instance will not constitute a waiver of that Party’s right to subsequently enforce such provision or any other provision of this Agreement.

The invalidity or unenforceability of any provisions of this Agreement shall not affect the validity or enforceability of any other provision of this Agreement, which shall remain in full force and effect.

19. Definitions

Agreement: the agreement, of which these Terms are an integral part, concerning your participation to the StartMail Affiliate Program.

Affiliate Dashboard: an online platform developed and provided specifically to administer and support affiliate programs such as the StartMail Affiliate Program.

Customized URL: A URL made or generated by or on behalf of StartMail for the purpose of enabling a Participant to refer visitors to StartMail.com. A Customized URL typically begins with startmail.com and ends with a unique code and/or Participant’s trademark name.

Confidential Information: all non-public information about StartMail or its employees, agents, customers, or other relations, which is marked by StartMail as confidential, or which Participant should reasonably understand to be confidential in nature.

Licensed Materials: StartMail’s logos, trade names, trademarks, images, messages, and similar identifying material as licensed for use by Participant in accordance with these Terms.

Participant: a company or business that is accepted by StartMail as a participant to the StartMail Affiliate Program.

Participant Site: each website owned and/or legally operated by a Participant and approved by StartMail for placement of Customized URLs.

Party: a party to the Agreement (i.e., StartMail or Participant).

Program: the StartMail Affiliate Program as described throughout these Terms.

Prohibited Practice: each practice that is prohibited under these Terms, as described in section 11.

Qualifying Transaction: each purchase of StartMail’s services made and irreversibly paid by a visitor who was successfully recognized as having been referred to StartMail by the Participant, excluding any purchase resulting from or related to any “Prohibited Practice” as described in section 11 or any other substantial violation of these Terms by the Participant.

Referral Commission: the commission earned by a Participant for a Qualifying Transaction.

StartMail: StartMail B.V.

StartMail Affiliate Program: the program allowing Participants to earn Referral Commissions from purchases made by visitors referred to StartMail by the Participant in accordance with these Terms.

StartMail Service: the service of making the StartMail email application available to the Users via the Internet.

Terms: the legal terms and conditions contained in this document, which govern participation in the StartMail Affiliate Program, as well as any application submitted for that purpose to StartMail.