fairlyhome Affiliate Program Terms

Last updated: [TO BE COMPLETED: publication date]

Courtesy translation under legal review. The Romanian version is the reference text. Items marked [TO BE COMPLETED: ...] are facts not yet known. Clauses marked "(proposal)" are business choices to be confirmed.

1. Introduction and acceptance

1.1. These terms govern participation in the fairlyhome affiliate program (the "Program"). Through the Program, you recommend the fairlyhome Service (informative property reports generated from an address, paid with credits) and you receive a commission for paid orders made with your code.

1.2. These are the "Affiliate Program Terms" referred to in the Terms and Conditions, section 10. They are part of your relationship with us, together with the Terms and Conditions, the Privacy Policy and the Cookie Policy.

1.3. By ticking the acceptance box in the application form, you confirm that you have read and accepted these terms. If you do not agree, do not apply.

1.4. For matters within the Program, these terms prevail. For the purchase of reports, the Terms and Conditions prevail.

2. Definitions

Terms defined in the Terms and Conditions (Service, Account, Credit, Report, Discount code) have the same meaning here. In addition:

• Operator / we / fairlyhome: the company described in section 3.
• Affiliate / you: the individual accepted into the Program. In the Terms and Conditions, the same role is called "Partner".
• Code: your personal discount code (section 6).
• Affiliate link: a link of the form fairlyhome.com/r/CODE.
• Buyer: a person who places an order using the Code.
• Eligible order: an order paid in full, made with your Code, that meets the conditions in section 8.
• Commission: the amount owed to you for an Eligible order (section 9).
• Dashboard: the page in your Account where you see your results and payouts (section 12).
• Payout details: the name, personal numeric code (CNP), IBAN and address used to pay Commissions.

3. The Operator

The Program is run by: [TO BE COMPLETED: company name], a limited liability company (SRL), tax ID (CUI) [TO BE COMPLETED: CUI], Trade Register No./EUID [TO BE COMPLETED: number], registered office at [TO BE COMPLETED: address], email [TO BE COMPLETED: contact email], phone [TO BE COMPLETED: phone]. VAT payer: [TO BE COMPLETED: yes/no].

4. Who can take part

4.1. Only individuals can take part, and only if they:

• are at least 18 years old;
• have a fairlyhome Account.

4.2. You may have only one affiliate profile per Account. Multiple accounts held by the same person are prohibited.

4.3. You take part in your own name, as an individual. Companies (SRL, sole traders and other forms) cannot take part at this time. We intend to include them later, through a separate partnership, with different terms.

4.4. You may be rejected or removed if you do not meet the conditions above or if the data in your application is false.

5. Application and approval

5.1. You apply from your Account, through a 3 step form. We ask for:

• your name and phone number;
• between 1 and 5 social media accounts or channels, with follower counts;
• your field of activity and your main platform;
• the Code you want;
• a description of your audience and experience and, optionally, comments;
• acceptance of these terms.

5.2. The data must be accurate and complete. You update it if it changes.

5.3. We review each application manually. We may approve or reject it, without having to explain our decision in detail. We tell you by email or in your Account.

5.4. If you are rejected, you may submit a new application 30 days after the rejection.

5.5. Participation starts when your application is approved. Until then you have no active Code and no right to Commissions.

5.6. We may suspend or end your participation under sections 16 and 17.

6. Personal code and Affiliate link

6.1. The Code has between 3 and 30 letters or digits. You propose it in your application and we approve it. We may refuse a Code that is already in use, that imitates the fairlyhome brand, that is misleading or that we consider inappropriate.

6.2. You may ask to change the Code through your Account or through support. A change needs our approval. A changed Code earns no Commission for orders made with the old Code after it has been deactivated.

6.3. Your Affiliate link is fairlyhome.com/r/CODE, where CODE is your Code.

6.4. The Code and the Link are yours only for use in the Program. You may not assign or transfer them to anyone else.

7. Buyer discount

7.1. A Buyer who uses the Code gets a 15% discount on the order price. This is the standard rate. For a specific Affiliate, the rate may differ if we have agreed so in writing.

7.2. Only one Code can be used per order. Codes cannot be combined with other promotions, unless stated otherwise.

7.3. The discount is applied before payment and cannot be applied retroactively. The general rules for discount codes are in the Terms and Conditions, section 9.

7.4. We do not guarantee any volume of visits, orders or earnings.

8. Attribution of sales

8.1. When a Buyer opens your Affiliate link, we store the Code in our own first party cookie, named fh_ref, for 30 days. At checkout, the Code is pre-filled. The cookie contains the Code, the discount percentage and your first name. Details are in the Cookie Policy.

8.2. If the Buyer types a Code at checkout, it wins over the one in the cookie.

8.3. If the Buyer opens the links of two affiliates one after the other, the last link opened wins.

8.4. You earn Commission only for paid orders made with your Code. Orders without confirmed payment earn no Commission.

8.5. You earn no Commission for:

• your own purchases (self-referral). We check by account, email and card;
• orders that are refunded or charged back;
• orders obtained through fraud or through breach of these terms.

8.6. For attribution, we rely on our own records. If you object, write to us at the contact address and we will review it.

9. Commission

9.1. The standard Commission is 15% of the amount actually paid by the Buyer, excluding VAT, after the discount is applied. For a specific Affiliate, the rate may differ if we have agreed so in writing.

9.2. Each Commission goes through these statuses:

9.3. If an order is refunded or charged back, the related Commission is canceled. If we have already paid it, we may offset it against future Commissions or ask you to return it [TO BE COMPLETED: lawyer confirmation of the recovery mechanism].

9.4. Amounts shown in the Dashboard are informative until paid. The value of a Commission becomes final when it moves to "Available".

10. Payouts

10.1. We pay once a month, for Commissions in the "Available" status, on day [TO BE COMPLETED: day of the month; the design proposal is the 15th].

10.2. We pay only if the total of available Commissions reaches at least 250 RON. If not, the amount is carried over to the following month.

10.3. Payment is by bank transfer, in RON, to an IBAN account opened at a bank in Romania, in your name. We do not pay into accounts of other persons, accounts abroad or in other currencies.

10.4. You enter your Payout details once in the Dashboard. We store them encrypted. You can change them later only through support, after identity verification, to prevent fraud.

10.5. You are responsible for the accuracy of the Payout details. We are not liable for payments made to the account you indicated if the IBAN or the data was wrong.

10.6. If you have not entered the Payout details or they are incomplete, we cannot pay. Commissions stay available until you complete them.

10.7. If a payment is returned by the bank, we will contact you. You have [TO BE COMPLETED: period, e.g. 30 days] to correct the data.

10.8. End of participation (proposal). On termination, available Commissions above the minimum threshold are paid in the next cycle. For a balance below the 250 RON threshold: it is paid if it is at least [TO BE COMPLETED: X RON]. If it is lower, it is lost 12 months after termination. This rule does not apply in the case of section 16.4. [TO BE COMPLETED: lawyer confirmation of the validity of the clause].

11. Taxes and contributions

11.1. Commissions are your income. You are responsible for your own tax obligations, within the limits below.

11.2. For individual Affiliates, we withhold income tax at source from Commissions, and we declare and pay it to the state budget, under the Fiscal Code (Law no. 227/2015). The proposed rate is 10% [TO BE COMPLETED: accountant confirmation of the income category, the Fiscal Code article and the applicable rate]. You receive the net amount, after withholding.

11.3. We declare the withheld tax using the forms required by law, for example D100 and D205 [TO BE COMPLETED: accountant confirmation].

11.4. Social security (CAS) and health (CASS) contributions, if due, remain your responsibility. You check whether you must file returns or pay contributions, for example depending on your total annual income [TO BE COMPLETED: accountant confirmation].

11.5. [TO BE COMPLETED: the document you receive for withheld tax, e.g. an income statement, and the issue deadline; accountant confirmation.]

11.6. Payment documents are kept for 10 years from the end of the financial year in which they were drawn up (art. 25 of Law 82/1991) [TO BE COMPLETED: accountant confirmation].

11.7. We do not give tax advice. If you have doubts, consult an accountant or ANAF.

12. Affiliate Dashboard

12.1. In the Dashboard you see:

• visits to your Link and uses of the Code;
• paid reports and the conversion rate;
• earnings, by status (processing, available, paid);
• visit sources;
• payout history.

12.2. You can export the data in CSV format.

12.3. You never see the identity of Buyers (name, email, address or the report address). You also have no right to look for or find out this data.

12.4. Dashboard data may be delayed. Later corrections may occur, for example for refunds.

13. Rules of conduct

13.1. It is prohibited to:

• run paid ads (Google Ads, Meta Ads or others) that bid on the word "fairlyhome" or on misspellings of it;
• use the fairlyhome brand in domain names, in social media account names or in the names of your pages;
• offer Buyers cashback, kickbacks or other benefits out of your Commission;
• publish the Code on coupon or cashback sites without our prior written approval;
• send unsolicited messages (spam), by email, SMS, messaging or comments, in breach of the law and of platform rules;
• make misleading claims about the reports (see 13.2);
• publish fake reviews or pay for them;
• fill visitors' browsers with cookies or hidden redirects to get credit (cookie stuffing);
• use automated traffic (bots, scripts, click farms);
• use your Code on your own orders (self-referral), directly or through intermediaries;
• hold more than one affiliate account or get around the rules through accounts of other people.

13.2. fairlyhome reports are informative. They are not valuations, not technical expertise, and not legal, tax or financial advice. Do not say or suggest that they give the "real price" of a property, a market value or a guarantee about the condition of a building. Describe the Service as presented on the site and in the Terms and Conditions, section 8.

13.3. You comply with the law in your promotion, in particular:

• Law no. 158/2008 on misleading and comparative advertising;
• Law no. 363/2007 on combating unfair practices of traders in relation to consumers;
• the rules of the platforms where you post.

[TO BE COMPLETED: lawyer confirmation of the legislation applicable to influencer promotion].

13.4. You make no statements on our behalf, other than the official materials and messages. You do not present yourself as an employee or representative of fairlyhome.

14. Disclosure of the paid collaboration

14.1. You must make clear, in every promotion, that you have a commercial relationship with us. Use visible wording, for example "colaborare plătită" (paid collaboration) or "#ad", at the start of the message, not hidden among other tags.

14.2. The obligation comes from consumer protection rules on unfair commercial practices (Law no. 363/2007) and from platform rules. You may have other disclosure obligations depending on the channel you use.

14.3. We do not adopt and are not liable for your content. You are responsible for its compliance with the law.

15. Brand and materials

15.1. You may use the fairlyhome name, logo and graphic materials only in the form we provide, without changes (colors, proportions, text, look).

15.2. Do not use the brand in a way that suggests you are fairlyhome, that you have a closer relationship than that of an affiliate or that we endorse your content.

15.3. When participation ends, you stop using the brand and materials and, within [TO BE COMPLETED: e.g. 14 days], you remove the Link and the Code from content you control.

16. Consequences of breach

16.1. If you breach these terms or the law, we may take one or more of these measures, depending on severity and repetition:

• a warning;
• suspension of the Code;
• cancellation of Commissions obtained through the breach;
• termination of participation.

16.2. We tell you about the measure by email or in your Account and, where the situation allows, we give you a chance to respond.

16.3. A suspended Code no longer gives a discount and no longer earns Commission. Commissions for orders made during the suspension are not granted.

16.4. In case of fraud (for example self-referral, fake traffic, cookie stuffing, fictitious orders) we end participation without notice. You lose Commissions in processing and those obtained through fraud [TO BE COMPLETED: lawyer confirmation of the nature of the clause and art. 1538 Civil Code, if it is treated as a penalty clause].

16.5. We keep the right to claim damages for harm caused to us and to notify the authorities, where appropriate.

17. Ending participation

17.1. You may end participation at any time, by a request sent to the contact address, without notice.

17.2. We may also end participation, without cause, with [TO BE COMPLETED: 14 days] notice, given by email or in your Account. For breaches, we may end under section 16.

17.3. On termination, the Code and the Link are deactivated. Orders paid after deactivation earn no Commission.

17.4. Commissions for orders paid before termination remain owed, except those canceled under these terms. They are paid under the rules in section 10, including section 10.8.

17.5. Sections 11, 13 (for the period of participation), 16, 18, 20, 21, 22 and 24 continue to apply after termination.

18. Independence

18.1. The relationship between us is not an employment, agency, mandate, representation, partnership or franchise contract.

18.2. You act in your own name and on your own account. You have no right to bind us toward third parties, to sign contracts in our name or to make promises in our name.

18.3. You freely choose how, where and when you promote, in compliance with these terms. You have no schedule, no duty to achieve results and no exclusivity. You may take part in other programs if they do not conflict with these terms.

18.4. You bear your own promotion costs. We do not reimburse costs.

19. Intellectual property

19.1. The brand, name, logo, site, software, reports and materials of fairlyhome remain ours or those of our licensors (Law no. 8/1996 on copyright and other applicable provisions).

19.2. For the duration of your participation, we grant you a limited, non-exclusive, non-transferable and revocable license to use the Code, the Link, the name and the materials we provide, only to promote the Service, under these terms.

19.3. Content you create remains yours. We do not use it outside the Program without your prior consent.

19.4. A report bought by a person is used under the license in the Terms and Conditions, section 12. You have no rights over Buyers' reports.

20. Confidentiality

20.1. Non-public information about the Program (for example different rates agreed in writing, special arrangements, Dashboard data, the internal workings of our system) is confidential. You do not disclose it to third parties without our consent.

20.2. The obligation does not apply to information that is or becomes public through no fault of yours, that must be disclosed by law or at the request of an authority, or that you share with your advisers under a duty of confidentiality.

20.3. The obligation lasts for the period of participation and [TO BE COMPLETED: e.g. 2 years] after termination.

21. Personal data protection

21.1. We process your data as an Affiliate under the Privacy Policy, which describes the categories of data, purposes, legal bases, retention periods, recipients and your rights. The data controller is fairlyhome.

21.2. The categories of Affiliate data are: name, email, phone, promotion channels, the Code, attributed sales, CNP, IBAN and address. The last three are requested only to pay Commissions and for tax obligations.

21.3. You do not receive Buyers' personal data. If you come to learn it by mistake, you tell us and do not use it.

21.4. If, through your promotion, you yourself collect other people's data (for example email lists, contests), you are an independent controller for that data and are responsible for complying with the GDPR and Law no. 506/2004.

21.5. You exercise your rights (access, rectification, erasure, objection and others) under the Privacy Policy.

22. Liability

22.1. The Program is provided "as is". We make reasonable efforts to keep it running, but we do not guarantee uninterrupted availability, any level of earnings or the continuation of the Program.

22.2. To the extent permitted by law, we are not liable for lost income, or for errors or interruptions of the Service, of the Dashboard or of third party providers (for example Stripe, banks).

22.3. We are liable for Commissions owed under these terms. Our total liability in the Program is limited to the value of Commissions owed and unpaid, to the extent permitted by law [TO BE COMPLETED: lawyer confirmation].

22.4. You are liable for harm caused to us and to Buyers by breaching these terms or the law. You undertake to indemnify us for third party claims arising from your content or your misleading statements.

22.5. Nothing in these terms excludes or limits liability: (a) for intent or gross negligence (art. 1355 Civil Code); (b) for bodily injury, harm to health or death; (c) for any liability that, under the law, cannot be excluded or limited.

22.6. We are not liable for force majeure events (art. 1351 Civil Code).

23. Changes to the terms

23.1. We may change these terms, for example for legal, technical or commercial reasons. The new version is published on the site, with the update date.

23.2. We notify you by email or in the Dashboard at least [TO BE COMPLETED: e.g. 15 days] before it takes effect. Changes that restrict your rights do not apply to Commissions already earned.

23.3. If you keep participating after the changes take effect, you accept them. If you do not agree, you may end participation under section 17.1.

24. Governing law and competent courts

24.1. These terms are governed by Romanian law.

24.2. We settle disputes amicably. Write to us at the contact address and we reply within [TO BE COMPLETED: e.g. 30 days].

24.3. If that is not possible, the Romanian courts are competent. The competent court is the one at our registered office: [TO BE COMPLETED: court], unless the law requires otherwise [TO BE COMPLETED: lawyer confirmation, including whether the Affiliate may be treated as a consumer].

25. Final provisions and contact

25.1. If a clause is void or unenforceable, the others remain valid.

25.2. Our not exercising a right immediately does not mean we waive it.

25.3. You may not assign your rights and obligations under the Program without our written consent.

25.4. Communications are made by email and in your Account, at the addresses you gave.

25.5. Contact: [TO BE COMPLETED: company name], [TO BE COMPLETED: address], email [TO BE COMPLETED: contact email], phone [TO BE COMPLETED: phone].