Affiliate & Partner Program Terms of Service

1. Definitions

"Company," "we," "us," or "our" refers to Finseo GmbH, Max-Eyth-Straße 2, 74405 Gaildorf, Germany.

"Affiliate," "Partner," "you," or "your" refers to any individual or entity accepted into the Finseo Affiliate Program or the Finseo Partner Program, whether you refer customers to Finseo or resell Finseo under your own name. Both programs are governed by these Terms.

"Brand Terms" means the trademarks, trade names, service marks, logos, domain names, and any other proprietary designations of Finseo, including but not limited to: "Finseo," "finseo.ai," and all misspellings, variations, transliterations, or phonetic equivalents thereof.

"Commission" means the monetary compensation paid to an Affiliate for Qualifying Referrals in accordance with the then-current commission structure.

"Qualifying Referral" means a new customer who (i) arrives at the Finseo platform through a valid Affiliate Link, (ii) was not already a Finseo customer or lead, and (iii) completes a paid subscription without violating any provision of these Terms.

"Affiliate Link" means the unique tracking URL assigned to you through the Finseo affiliate and partner platform (Tolt).

"PPC" means pay-per-click advertising on any search engine, social media platform, display network, or advertising exchange.

2. Program Overview & Enrollment

The Finseo Affiliate Program and the Finseo Partner Program allow approved Affiliates and Partners to earn recurring commissions by referring new customers to Finseo, or to resell Finseo under their own name. Enrollment is subject to our approval, and we reserve the right to reject or revoke any application or membership at our sole discretion, with or without cause.

By enrolling in the Program, you represent and warrant that:

• All information provided in your application is accurate and complete.
• You have the legal capacity and authority to enter into these Terms.
• You will comply with all applicable laws, regulations, and industry standards.
• You have read, understood, and agree to all provisions of these Terms, including the Prohibited Activities set forth in Section 4.

3. Commission Structure & Payouts

Affiliates earn a recurring commission on all Qualifying Referrals for the lifetime of the referred customer's subscription, in three tiers set by the annual recurring revenue of the customers they have referred: 10% at entry, 15% from €50,000 and 20% from €100,000. Once a threshold is reached, the higher rate applies to the Affiliate's whole portfolio. Commissions are calculated based on the net revenue received by Finseo (excluding taxes, refunds, chargebacks, and disputes). Commission is payable only on referrals that come from organic, unpaid promotion; referrals originating from paid advertising do not qualify (Section 4.5).

Payouts are processed monthly. We reserve the right to withhold, delay, or reverse commissions if:

• The referral was generated through Prohibited Activities (Section 4).
• The referred customer requests a refund or initiates a chargeback.
• The Affiliate is in breach of any provision of these Terms.
• Fraud, deception, or manipulation is suspected or confirmed.

Attribution is based on a 30-day cookie window. The last valid Affiliate Link click within the attribution window receives credit, subject to our fraud detection systems.

4. Prohibited Activities

The following activities are strictly prohibited. Any violation constitutes a material breach of these Terms and will result in immediate termination, commission forfeiture, and potential legal action.

4.1 Brand Bidding & Trademark Bidding

Affiliates are strictly prohibited from bidding on, purchasing, or otherwise targeting any Brand Terms in any PPC or paid advertising campaign. This prohibition includes, without limitation:

• Bidding on "Finseo," "finseo.ai," or any misspelling, variation, or phonetic equivalent (e.g., "fin seo," "finseo ai," "finseeo," "finsio") as a keyword in Google Ads, Microsoft Advertising, or any other advertising platform.
• Using Brand Terms as broad match, phrase match, exact match, or modified broad match keywords.
• Bidding on Brand Terms combined with modifiers such as "login," "pricing," "review," "alternative," "vs," "coupon," "discount," "promo," "official," "sign up," or any similar terms.
• Targeting Brand Terms through negative keyword manipulation, dynamic keyword insertion, or any technique designed to trigger ad impressions for Brand Term searches.

4.2 Unauthorized Trademark Use in Advertising

Affiliates may not:

• Use Brand Terms in any ad headline, description, sitelink extension, callout, or any other ad component.
• Use "finseo.ai" or any variation thereof as a display URL or vanity URL in any advertisement.
• Create ads that could reasonably be mistaken for official Finseo advertisements or communications.
• Imply an official partnership, endorsement, or affiliation beyond the scope of the Affiliate Program without prior written consent.
• Use Finseo logos, brand imagery, or proprietary visual assets in paid advertisements without explicit written authorization.

4.3 Traffic Interception & Commission Hijacking

Affiliates are prohibited from intercepting, redirecting, or claiming attribution for traffic that would otherwise reach Finseo organically. Prohibited methods include, without limitation:

• Running paid search ads on Brand Terms to intercept users who are already searching for Finseo.
• Using browser extensions, toolbars, or plugins that inject or overwrite Affiliate Links.
• Cookie stuffing, cookie dropping, or any technique that sets affiliate tracking cookies without genuine user intent or awareness.
• Using adware, spyware, malware, or any deceptive software to redirect users or inject affiliate tracking.
• Typo-squatting or registering domain names that are confusingly similar to Finseo domains.
• Self-referral or using your own Affiliate Link to generate commissions on your own purchases or on behalf of existing Finseo customers.

4.4 Misleading or Deceptive Marketing Practices

Affiliates shall not:

• Make false, misleading, or unsubstantiated claims about Finseo products, features, pricing, or performance.
• Publish fake reviews, testimonials, or endorsements.
• Engage in spam marketing via email, social media, messaging platforms, or any other channel.
• Use pop-ups, pop-unders, exit intent overlays, or similar intrusive methods that deceive users into clicking Affiliate Links.
• Fail to disclose the affiliate relationship as required by applicable law, including but not limited to FTC Endorsement Guidelines, GDPR, and similar regulations.

4.5 Paid Traffic & Paid Advertising Restrictions

Commission is earned through organic promotion. Referrals that reach Finseo through paid advertising do not qualify for Commission, and the following restrictions apply to every Affiliate and Partner:

• No paid traffic to your referral link. You may not promote your Affiliate Link — or any page, redirect, or funnel whose main purpose is to pass visitors to your Affiliate Link — through paid advertising of any kind. This includes Google Ads (Search, Display, Shopping, Demand Gen, Performance Max), YouTube ads, Meta Ads (Facebook and Instagram), TikTok, LinkedIn, X, Reddit, Pinterest, Snapchat, Microsoft Advertising (Bing), native, display and push networks, paid app installs, paid newsletter or community placements, and paid influencer or creator placements.
• Referrals from paid ads are not paid out. Where we determine that a referral originated from paid advertising, it is not a Qualifying Referral: the Commission is void, pending Commission is withheld, and Commission already paid may be reversed and reclaimed in accordance with Section 6.3.
• Brand keywords are strictly forbidden. You may not bid on any Brand Term across any advertising platform, including Google Ads, Microsoft Advertising (Bing Ads), Meta Ads, YouTube, TikTok Ads, LinkedIn Ads, or any other platform.
• Direct linking to Finseo is prohibited. No advertisement may link directly to finseo.ai or any Finseo subdomain, whether through your Affiliate Link or otherwise.
• Written approval is the only exception. Paid promotion is permitted only where Finseo has approved the channel, the targeting, and the creative in writing in advance. Any approval covers only the campaign described and may be withdrawn at any time.

4.6 Other Prohibited Conduct

• Creating incentivized click schemes, click farms, or artificial traffic generation.
• Purchasing or generating fake leads, signups, or registrations.
• Using bots, scripts, or automated tools to generate clicks or conversions.
• Engaging in any activity that violates the terms of service of any advertising platform, social media platform, or third-party service.
• Reverse engineering, decompiling, or attempting to circumvent the Affiliate tracking system.
• Assigning, transferring, or sublicensing your Affiliate account or referral links to any third party without prior written consent.

5. Permitted Promotional Activities

We encourage Affiliates and Partners to promote Finseo through legitimate, value-adding channels. All permitted promotion is organic and unpaid; permitted activities include:

• Content marketing: Blog posts, articles, tutorials, case studies, and educational content that genuinely reviews or discusses Finseo.
• Social media: Organic social media posts and community engagement with proper affiliate disclosure.
• Video content: Organic YouTube reviews, walkthroughs, comparisons, and tutorials, without paid promotion of the video.
• Email marketing: Newsletters to your own opt-in subscriber list (not purchased or rented lists).
• Comparison and review sites: Honest comparison pages and review content on your own properties.
• Podcast and webinar mentions: Genuine recommendations within your own content.

All promotional activities must include clear and conspicuous affiliate disclosure in compliance with FTC guidelines and applicable local laws.

6. Enforcement, Monitoring & Consequences

6.1 Monitoring. Finseo actively monitors for violations of these Terms. We employ automated and manual monitoring, including but not limited to search engine advertising surveillance, click pattern analysis, and third-party monitoring tools (e.g., Ahrefs, SEMrush, BrandVerity). We may also receive reports from third parties regarding suspected violations.

6.2 Investigation. Upon identification of a suspected violation, Finseo reserves the right to: (i) immediately suspend the Affiliate's account pending investigation; (ii) withhold all pending and future commissions; (iii) request documentation or evidence from the Affiliate to demonstrate compliance.

6.3 Consequences of Violation. Any breach of Section 4 (Prohibited Activities) will result in one or more of the following actions, at our sole discretion:

• Immediate account termination without prior notice.
• Forfeiture of all unpaid commissions, including commissions earned prior to the discovery of the violation.
• Reversal of previously paid commissions attributable to prohibited activities, with a right to demand repayment.
• Issuance of a formal cease-and-desist notice.
• Filing of trademark complaints with Google, Microsoft, Meta, and other advertising platforms.
• Legal action for damages, including but not limited to lost revenue, increased advertising costs, reputational harm, and attorney's fees.
• Reporting to industry fraud databases and affiliate networks.

6.4 Burden of Proof. In the event of a suspected violation, the burden of proof lies with the Affiliate to demonstrate that their promotional activities comply with these Terms. Failure to provide satisfactory evidence within five (5) business days of a request shall be deemed an admission of the violation.

7. Intellectual Property & Trademark Rights

All Brand Terms, logos, and intellectual property of Finseo remain the exclusive property of Finseo GmbH. The Affiliate Program does not grant you any ownership rights, license, or implied license to use Brand Terms except as expressly permitted in writing.

You may use the Finseo name in editorial content (e.g., blog posts, reviews) provided such use is:

• Truthful, accurate, and not misleading.
• Clearly identified as affiliate or sponsored content where required by law.
• Not used in any manner that implies official endorsement or partnership beyond the Affiliate relationship.
• Not used in domain names, social media handles, app store listings, or business names without prior written consent.

8. Term & Termination

8.1 Term. These Terms are effective from the date of your enrollment and remain in force until terminated by either party.

8.2 Termination by Affiliate. You may terminate your participation at any time by contacting us at affiliates@finseo.ai. Earned commissions for Qualifying Referrals made prior to termination will be paid according to the standard payout schedule, provided no violations have occurred.

8.3 Termination by Finseo. We may terminate your participation at any time, for any reason or no reason, with or without notice. In the event of termination for cause (violation of these Terms), all unpaid commissions are immediately forfeited.

8.4 Survival. Sections 4 (Prohibited Activities), 6 (Enforcement), 7 (Intellectual Property), 9 (Limitation of Liability), and 10 (Governing Law) survive termination of these Terms.

9. Limitation of Liability & Indemnification

9.1 Limitation of Liability. To the maximum extent permitted by applicable law, Finseo shall not be liable to you for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, or goodwill, arising out of or related to these Terms or the Affiliate Program.

9.2 Indemnification. You agree to indemnify, defend, and hold harmless Finseo GmbH, its officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising from: (i) your breach of these Terms; (ii) your promotional activities; (iii) your violation of any applicable law or regulation; or (iv) any claim that your marketing materials infringe upon the intellectual property or other rights of any third party.

10. Governing Law & Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the Federal Republic of Germany, without regard to its conflict of law principles. Any disputes arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of Stuttgart, Germany.

11. Modifications & Amendments

We reserve the right to modify these Terms at any time. Material changes will be communicated via email to the address associated with your Affiliate account or by posting a notice on this page. Continued participation in the Affiliate Program after notification of changes constitutes acceptance of the modified Terms.

12. General Provisions

12.1 Entire Agreement. These Terms, together with the Finseo General Terms of Service and Privacy Policy, constitute the entire agreement between you and Finseo regarding the Affiliate Program and the Partner Program.

12.2 Severability. If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.

12.3 Waiver. The failure of Finseo to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

12.4 Independent Contractor. Your relationship with Finseo is that of an independent contractor. Nothing in these Terms creates an employment, agency, partnership, or joint venture relationship.

12.5 Assignment. You may not assign or transfer these Terms or any rights hereunder without our prior written consent. Finseo may assign these Terms without restriction.

Contact & Reporting

For questions about these Terms or to report suspected violations: