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Affiliate Program Agreement

This Affiliate Program Agreement (the “Agreement”) applies to your participation in the Foundor.ai Affiliate Program (“Affiliate Program” or “Program”). Any person or entity that participates or attempts to participate in the Affiliate Program must accept this Agreement. By registering for our Affiliate Program, you agree to comply with the terms of this Agreement between you (“Affiliate,” “you,” or “your”) and Valcome Innovation GmbH, FN 517960 g, Im Bäckerfeld 12a, 4060 Leonding, Austria (“Foundor.ai,” “we,” “us,” or “our”).

This Agreement incorporates, and you agree to comply with, the most up-to-date version of all policies, guidelines, and other rules referenced in this Agreement and any other policies that apply to tools, content, and features made available to you under the Program, including our Terms of Use and our Privacy Policy. If you sign up for the Program on behalf of an entity or organisation, you are binding that organisation to this Agreement, and you represent that you have the authority to do so.

1. Eligibility

Acceptance into the Program is at the sole discretion of Foundor.ai, and we may reject or deny your application for any reason. Any information collected during our registration or application process will be handled in accordance with our Privacy Policy. Once accepted into the Affiliate Program, you shall be a “Partner” and may be eligible to earn Commissions by creating, sharing, or distributing content about Foundor.ai in accordance with this Agreement and the Program Guidelines.

To be eligible, you must hold an active yearly Foundor.ai subscription. This ensures all Partners are familiar with the product and can recommend it authentically to their audience.

You must comply with this Agreement to participate in the Program and receive any Commissions. We may, but are not obligated to, monitor your website or marketing channels at any time to determine if you are complying with this Agreement and our Program Policies. Foundor.ai may terminate your participation in the Program at any time and for any reason, subject to applicable law.

Misconduct

If you violate this Agreement, the Program Policies, or any other applicable terms and conditions, then – in addition to any other rights or remedies available to us – we may, to the fullest extent permitted by applicable law (including, for consumers, mandatory consumer protection rules under Austrian law), withhold all Commissions otherwise payable to you under this Agreement, whether or not directly related to the violation, and without prejudice to any right to recover damages in excess of that amount. If your Foundor.ai account is deactivated prior to payout, you will not be eligible to receive any Commissions, even if all other requirements have been met.

2. Commissions

To receive Commissions under our Affiliate Program, the following terms apply:

2.1 Commission Payout. Eligible Partners will receive compensation (“Commissions”) as set forth in our Program Policies. The current Commission rate is 50 % of net revenue per referred subscription for a period of 12 months from the customer’s initial subscription date. Foundor.ai reserves the right to withhold or deduct Commissions if it determines or reasonably believes that the Commissions were issued in error, were fraudulent or illegal, or resulted from any violation of this Agreement. To be eligible to receive Commissions, you must:

  • accept this Agreement and any other applicable terms of service;
  • complete all steps necessary to create your affiliate account;
  • provide and maintain a valid, up-to-date payment method in your account;
  • complete all required tax documentation necessary for us or our third-party program administrator to process any payments owed to you.

2.2 Payments. Foundor.ai uses Stripe, Inc. to facilitate Commission payouts to Partners. By participating in the Affiliate Program, you agree that you have carefully read, understood, and accepted the applicable Stripe terms and conditions. You acknowledge that accepting the terms of the applicable payment provider is a precondition to entering into this Agreement.

2.3 Taxes. You are responsible for paying all taxes, duties, or other governmental charges (“Taxes”), if any, that are imposed on any Commission payments made to you. Commissions are stated as net amounts; any applicable VAT or withholding tax shall be borne by you in accordance with applicable law.

2.4 Unique Affiliate Links. As a Partner, you will be provided with a unique link (“Affiliate Link”) to the Foundor.ai website that is associated with your account. When a customer clicks through your Affiliate Link and subscribes to our AI-assisted business planning software (“Services”), you may earn Commission income for qualifying subscriptions, as described in and subject to the limitations set forth in the applicable Program Policies.

You may only use your Affiliate Link on properties and in content that you own or control. If Foundor.ai requests that you remove an Affiliate Link from any property or content, you must comply within twenty-four (24) hours. Failure to comply may result in suspension or termination of your participation in the Program and/or forfeiture of any payments, as determined by Foundor.ai in its sole discretion.

2.5 Affiliate Link Commission Eligibility. You will only be eligible for a Commission payment for customer transactions that are completed through your Affiliate Link. If a prospective customer does not complete a purchase or register to use the Services within ninety (90) days after clicking your Affiliate Link (the “Attribution Window”), you will not be eligible for a Commission payment, even if that customer later subscribes directly.

Customers who begin the subscription process through your Affiliate Link but complete their subscription through a Foundor.ai account executive or other sales-assisted process will not result in a Commission payment. Unless expressly stated otherwise in the Program Policies, you are eligible to receive a Commission payment for a customer’s initial subscription and any follow-on purchases or subscriptions for up to one year from the initial subscription date.

A Commission will not be payable if, at or before the time the customer used your Affiliate Link, that customer was already a Foundor.ai customer or was actively engaged in the sales process with Foundor.ai. Foundor.ai will not be liable for any errors by you or a customer in using your Affiliate Link, even if those errors reduce the amounts that would otherwise be paid to you under this Agreement.

Only one Partner can earn a Commission for a single customer referral. If multiple Partners claim credit for the same referral, Foundor.ai will have sole discretion to determine which Partner is entitled to the Commission, based on our tracking systems.

2.6 Referred Customer Discount. Customers who subscribe through your Affiliate Link receive a 20 % discount for 12 months. This discount is set by Foundor.ai and may not be modified or supplemented by you.

2.7 Maximum Commission Payment. Foundor.ai reserves the right to set a maximum amount of Commissions you can earn as a Partner. It is your responsibility to review the Program Guidelines for the current maximum limits, which may be updated by Foundor.ai at any time. You may not create multiple Foundor.ai accounts to circumvent the maximum limit, and Foundor.ai may withhold or deny any amounts that exceed the maximum Commission.

3. Participation Guidelines

We authorise you to market and promote Foundor.ai and our Services to potential customers in accordance with this Agreement.

3.1 Restrictions. In connection with your participation in the Affiliate Program, you expressly agree to abide by the following restrictions:

  • No spamming. You agree not to “spam” or send unsolicited communications to anyone in connection with promoting Foundor.ai, and you will comply at all times with any applicable laws, including Regulation (EU) 2016/679 (GDPR), the Austrian Telecommunications Act 2003 (TKG 2003), and the EU ePrivacy Directive 2002/58/EC. You must promptly honour all opt-out and unsubscribe requests.
  • No misrepresentations. You agree to market the Services fairly and accurately. You will not attempt to mislead anyone in connection with the Affiliate Program, either by affirmative representation, implication, or omission. In particular, you will not impersonate another person or entity; misrepresent your relationship with Foundor.ai or any third party; use any marketing content or materials that inaccurately portray being made by Foundor.ai; or create fake accounts, blogs, webpages, profiles, websites, links, “deepfakes,” or messages.
  • No prohibited content. You must not use your Affiliate Link in connection with any of the following:
    • defamatory content concerning Foundor.ai or third parties;
    • offensive, abusive, intimidating, harassing, or objectionable content, such as content which promotes racism, bigotry, hatred, discrimination, or physical harm of any kind against any group or individual, that is sexually explicit, obscene, and/or contains nudity, or contains images or references to drugs, alcohol, or weapons;
    • someone else’s brand name or intellectual property without their explicit written consent;
    • any political and/or religious statement.
  • Additional restrictions. You agree that you will not:
    • use your Affiliate Link to purchase Foundor.ai’s Services for yourself;
    • purchase ads that direct to your site(s) through an Affiliate Link that could be considered as competing with our own advertising, including but not limited to our branded keywords;
    • create websites, domains, URLs, social media handles, or email addresses containing the words “Foundor,” “Foundor.ai,” “Foundor Partners,” or “Valcome Innovation”;
    • attempt to gain unauthorised access to the Services or their related systems or networks using the Affiliate Link;
    • violate any applicable laws, including but not limited to any privacy laws or regulations (in particular the GDPR), consumer-protection laws, or the terms of any platform or channel you use to distribute content;
    • defraud or abuse (or attempt to defraud or abuse) Foundor.ai, the terms of the Affiliate Program, or any customers you refer.

If you violate any of these restrictions, Foundor.ai may, in its sole discretion, revoke your eligibility to participate in the Affiliate Program and/or withhold any Commissions earned in violation or suspected violation of these restrictions.

3.2 Compliance. You agree to comply with all applicable laws, rules, regulations, industry best practices, and regulatory guidelines relating to sponsored posts and advertising copy. In the European Union, this includes in particular the Unfair Commercial Practices Directive (2005/29/EC) and applicable national implementations, the GDPR, the Austrian E-Commerce Act (ECG), the Austrian Media Act (MedienG), and any platform-specific advertising guidelines. You will not misrepresent or exaggerate your relationship with Foundor.ai, including by stating or implying that Foundor.ai supports, sponsors, or endorses you beyond the scope of this Affiliate Program.

When you post or distribute content about Foundor.ai, you must clearly and prominently disclose that you are participating in an affiliate program and may earn a commission. Disclosures must comply with all applicable rules and regulations governing advertising disclosures, social media advertising, sponsorships, and endorsements in your jurisdiction.

3.3 Foundor.ai Customers. Our customers are not, by virtue of your participation in the Affiliate Program, your customers. As between you and Foundor.ai, all pricing, terms and conditions, rules, and policies concerning the Services, as set forth on our website, apply to those customers and may be changed at any time. If you are contacted by any of our customers regarding Foundor.ai, you must direct them to our support team at support@foundor.ai or advise them to follow the contact instructions on our website.

4. Licence and Ownership

4.1 Licence to Your Content. We may use your name and likeness, and you grant us a limited, worldwide, non-exclusive, transferable, royalty-free licence to copy, use, reproduce, modify, publish, post, translate, create derivative works from, distribute, transmit, and display the content you create in connection with your participation in the Affiliate Program, through any medium or channel – including Foundor.ai-branded digital channels, social media, and websites – solely to promote Foundor.ai and its products and services.

You may revoke this grant at any time by sending an email to support@foundor.ai with your notice of revocation. Upon receipt, we will use commercially reasonable efforts to cease new uses of such content and/or remove any past references.

4.2 Foundor.ai Content. To support your advertising and marketing of Foundor.ai, we may make available to you certain data, images, text, link formats, widgets, links, marketing content, linking tools, and other information (“Foundor.ai Content”) in connection with the Program. You may use Foundor.ai Content solely for the purpose of marketing the Services in accordance with this Agreement and the Program Policies. You may not modify, alter, or distort Foundor.ai Content in any way, combine it with other marks, or use it in a manner that could cause confusion, imply endorsement, or dilute Foundor.ai’s brand. If we update the Foundor.ai Content, you must use commercially reasonable efforts to implement the updated content and discontinue use of any prior versions.

4.3 Ownership. You own and retain all intellectual property rights in your content, except to the extent such content incorporates any Foundor.ai intellectual property, and except for the licences granted herein. We own and retain all intellectual property rights in our Services, Foundor.ai Content, and Foundor.ai trademarks, including any modifications and derivative works thereto.

5. Confidentiality

You will hold all information, materials, or knowledge regarding us and our business, financial condition, products, programming techniques, customers, suppliers, technology, or research and development that would reasonably be understood to be confidential (“Confidential Information”) in strict confidence and treat that information with the same degree of care as you use in dealing with your own confidential information, but no less than a reasonable degree of care. You will only use Confidential Information in relation to the Program. If you are an organisation, you may share Confidential Information with your employees or professional advisors who need to know it, provided they have agreed to terms at least as protective of the Confidential Information as those in this Agreement. Other than as permitted in the preceding sentence, you will not disclose or make Confidential Information available to any third party, except as specifically authorised by us in writing.

6. Term and Termination

The term of this Agreement begins upon your registration for the Program. Either you or we may terminate your participation in the Program and this Agreement at any time, with or without cause, by giving the other party written notice of termination (including via email). Upon termination, your rights to use any Affiliate Link, Foundor.ai Content, and Foundor.ai trademarks will immediately cease. We may hold accrued unpaid Commissions for a reasonable period of time following termination to ensure that the correct amount is paid, such as adjustments for cancellations, refunds, or downgraded subscriptions.

7. Independent Contractor

You are an independent contractor and not an agent or employee of Valcome Innovation GmbH. You agree that you will not be entitled to any compensation, options, equity, or other rights or benefits accorded to our employees.

8. Data Protection

In the course of the Affiliate Program, we process personal data (such as your name, email address, payment details, and performance data) in accordance with our Privacy Policy and the General Data Protection Regulation (EU) 2016/679 (“GDPR”). The legal basis for processing is the performance of this Agreement (Art. 6(1)(b) GDPR) and, where applicable, our legitimate interests in administering the Program (Art. 6(1)(f) GDPR).

You agree that referral and Commission data may be shared with our payment processor Stripe, Inc. for the purpose of processing payouts. You acknowledge that this may involve the transfer of personal data to the United States, subject to appropriate safeguards as set out in our Privacy Policy.

Where you process personal data of referred customers or prospective customers in connection with your affiliate activities, you shall do so in compliance with the GDPR and all applicable data protection laws.

9. Warranties

You represent, warrant, and covenant that:

  • you will participate in the Affiliate Program and create, maintain, and operate your website and marketing channels in accordance with this Agreement;
  • you are lawfully able to enter into this contract;
  • you are not the subject of EU or Austrian sanctions regulations or on any applicable sanctions lists;
  • the information you provide in connection with the Affiliate Program is accurate and complete;
  • your participation in the Affiliate Program will not constitute a conflict of interest or breach of any agreement, rule, guideline, or policy applicable to your relationship with any previous or contemporaneous employer, academic institution, or any other party;
  • you have the full right and authority to enter into this Agreement and grant the rights herein;
  • your content is free and clear of liens or other third-party claims;
  • any use of your content as authorised herein will not give rise to any claims, damages, liabilities, costs, or expenses (including but not limited to claims of infringement, invasion of privacy or publicity, or claims for payment of any fees or residuals);
  • the consent of no other person or entity is required in connection with this Agreement, your participation in the Affiliate Program, or use of any of your content.

We do not make any representation, warranty, or covenant regarding the amount of traffic or Commissions you can expect at any time in connection with the Affiliate Program, and we will not be liable for any actions you undertake based on your expectations. Any information or materials provided by us (including any Affiliate Links) are provided on an “as is” basis. You acknowledge and agree that Affiliate Links may operate on a “last-click” model and Foundor.ai is not responsible for any payment of Commissions in the event a customer transaction is not completed using your Affiliate Link.

10. Liability

10.1 Indemnification. You will defend, indemnify, and hold harmless Valcome Innovation GmbH, its officers, directors, employees, agents, and affiliates (“Indemnified Parties”) from and against any and all damages, liabilities, and expenses (including reasonable attorneys’ fees) incurred by us arising from any third-party claims related to your breach of this Agreement or applicable law; your website, your content, or materials used by you in connection with the Program; and your negligence or wilful misconduct.

10.2 Limitation of Liability. Foundor.ai shall only be liable for damages caused intentionally or by gross negligence. Liability for slight negligence is excluded, except in cases of personal injury. This limitation does not affect mandatory consumer protection rights under Austrian law. In no event shall our aggregate liability arising out of this Agreement exceed the greater of (i) the total Commissions actually paid to you under this Agreement in the twelve (12) months prior to the claim, or (ii) €500.

11. Right of Withdrawal (Consumers)

This section applies only if you are a consumer within the meaning of the Austrian Consumer Protection Act (KSchG).

You are entitled to withdraw from this Agreement within fourteen (14) days without giving any reason. The withdrawal period begins on the date of conclusion of the Agreement. To exercise your right of withdrawal, you must inform us of your decision by means of an unequivocal declaration (e.g., an email to support@foundor.ai). The withdrawal period is deemed to have been observed if you send the notice before the withdrawal period expires.

In the event of a timely withdrawal, any Commissions already paid to you for the period after termination shall be returned. Any Commissions legitimately earned before withdrawal shall remain payable.

12 General

12.1 Governing Law. This Agreement and all disputes arising from or in connection with it shall be governed by and construed in accordance with the laws of the Republic of Austria, excluding the conflict-of-law rules of Austrian private international law and the UN Convention on Contracts for the International Sale of Goods (CISG). If you are a consumer within the meaning of the Austrian Consumer Protection Act (KSchG), you may rely, pursuant to Art. 6(2) of the Rome I Regulation, on the protection of the mandatory (and more favourable) provisions of the law applicable in the state of your habitual residence.

12.2 Jurisdiction. All disputes arising out of or in connection with this Agreement shall be submitted to the exclusive jurisdiction of the competent court in A-4020 Linz, Austria. If you are a consumer within the meaning of the KSchG, you may only be sued before those courts in whose district your residence, habitual abode, or place of employment is located.

12.3 Notices. Notices may be sent to you at the email address you used to sign up for the Program. Notices to us must be sent to support@foundor.ai. Notices are deemed given when received.

12.4 Modifications. We may modify this Agreement from time to time. We will inform you of any amendments and the date on which they take effect via email or through your affiliate account. The amended Agreement shall become effective unless you object to the amendment within six (6) weeks of receiving the notice, in line with the procedure set out in our Terms of Use (Section 2.2). In the event of an objection, we are entitled to terminate your participation in the Program.

12.5 No Assignment. You may not assign this Agreement, by operation of law or otherwise, without our express prior written approval. Subject to that restriction, this Agreement will be binding on, inure to the benefit of, and be enforceable against the parties and their respective successors and assigns.

12.6 Entire Agreement. This Agreement supersedes any prior agreements or understandings between the parties regarding the subject matter hereof. This Agreement, including all Program Policies, constitutes the entire agreement between the parties related to this subject matter. Unenforceable provisions will be modified to reflect the parties’ intention and only to the extent necessary to make them enforceable, and the remaining provisions of this Agreement will remain in full effect. This severability clause does not apply to consumers within the meaning of the Austrian Consumer Protection Act (KSchG).

12.7 Written Form. Amendments and additions to this Agreement, as well as legally relevant declarations arising from or in connection with this Agreement, must be made in writing (email is sufficient) unless a stricter form is required by mandatory law.

12.8 Survival. All sections in this Agreement which are either expressed to survive or which are by their nature intended to survive termination or expiration of this Agreement shall continue in full force and effect notwithstanding termination or expiration.