Terms of Use

1. Conditions of application

Pinaheart reserves the right to accept or not your Application for the right to link to the Pinaheart website (desktop, mobile or app) as soon as you signed up and thus accepted our Terms of Conditions written on this page.
Pinaheart has the right to refuse your application if the location where you put the link to Pinaheart is deemed unsuitable in Pinaheart’s opinion. No reason has to be justified for refusal.
The following reasons are some examples why Pinaheart could refuse your application:
Your page contains unlawful content.
Your site promotes or links to content that abuses, threatens or defames in any way.
Your pages infringe copyright material
Your site promotes inappropriate by any standard financial schemes, pyramid schemes, or links to it.
Your site contains or promotes violence, discrimination, sexual material, adult services, or links to it.
Your pages where our name or link is mentioned promote competing services.
Breaching any of the above reasons can and will be reason to terminate the agreement immediately, without any further commission payments due to affiliate.
If Pinaheart accepts your application, by providing you with a personalized affiliate link to Pinaheart, the Terms and Conditions on this page and personal content of your application are together 1 and become the Agreement.

2. Use of promotional materials

You are only allowed to put promotion materials provided to you by Pinaheart on your site, but you can put it in many places, subject to the conditions in 1.
Pinaheart will provide you a unique link which will refer your visitors to our website, allowing to identify your website as the promotor of these users.
By publishing our content and the link to our website, you:
agree to fully collaborate with Pinaheart in order to maintain the link and collaboration between both parties. You will propose to Pinaheart where to put the link(s).
agree that Pinaheart may modify the link and update content, which you will accept throughout the terms of the contract.

3. Parties tasks and responsibilities

3.1. Pinaheart’s tasks and responsibilities
Communicate about members signing up at Pinaheart, who were referred to us from your website though our link. This communication is passive: after being accepted as an affiliate of Pinaheart, you can sign in at the affiliate portal on our site which is currently hosted at https://affiliates.pinaheart.com.
Pinaheart provides you with an interface to check upon the number of members having signed up through your link, any money spent by them, and the kind of commissions if any you are entitled to. .
Payment of rightful commissions to you, as long as this agreement has not been terminated or as long as the conditions in this agreement have been fulfilled.
3.2. Your tasks and responsibilities
You accept the obligation to communicate immediately any changes to the content of or links on your pages which might not be allowed according to point 1 of this agreement. You are not allowed to distribute your affiliate link to other sites we didn’t agree upon in written.
You agree that Pinaheart has the right to demand you to remove the link to our site on simple request at any time. This can be caused by but not necessarily by violation of our terms and conditions.
You shall not use the link in a manner inconsistent with this agreement. Any inconsistency can be solely be determined by Pinaheart based on our Terms and Conditions.
You are not allowed to give any incentives or discounts to subscribe to our site, except the ones we agreed upon.
Any kind of fraud from your side is enough reason to terminate immediately and automatically our agreement and forfeit your entire commission. Fraud is considered but not limited to: use of software or any fraudulent actions to generate fake redirects, inflate sales. It is your obligation to prove in casu your actions not to be fraudulent.
Not abuse the link to engage in disruptive activities such as but not limited to spamming, spreading of viruses or any action mentioned in these terms point 1 Conditions of application
You agree that Pinaheart reserves the right to review and audit your website or page(s) and/or advertising practices to ensure continued compliance with this agreement.

4. Prohibited use

You will not promote Pinaheart on any site or newsgroup where promotion is forbidden, permission is needed and not obtained, or improper sites according to point 1 of these terms, or mass promotion sites. If any doubt is possible, written permission and approval from Pinaheart will be requested before doing so.
You will not spam under any form any information related to Pinaheart.
Any action you do, mentioning our name or link, must comply with any applicable laws or regulations. Pinaheart reserves the right to seek monetary compensation for any loss or damage as a consequence of these actions, in addition to the right to terminate this agreement without any further obligation.
You shall not create, publish, distribute or permit any material, written or otherwise that makes reference to Pinaheart without first submitting such material to Pinaheart for its prior written consent which shall not be unreasonably withheld.

5. Commissions

5.1. Definition of sale:
A sale occurs when a member purchases through the link we provided to you under the conditions of this agreement, a premium subscription to the Pinaheart website.
The sale is void in case the purchase is cancelled, unsuccessful, revoked or annuled no matter for what reason. Only when the funds arrive on Pinhearts account and are final, the sale is valid.
The commission type and height will be determined by both parties before the start of the agreement:
A high commission on initial sales only:
As soon as your visitor upgrades to Premium membership at Pinaheart, you will earn an agreed % of the amount paid. When this member renews his membership, no more commission will be paid to you.
A lower commission on all Premium membership sales of each member sent through your affiliate link. When the agreement between both parties is ended (see point 8), no more commissions are due to affiliate, who has no rights whatsoever on any further claims.
5.2. Minimum payout amount
Without different mutual agreement, a minimum payout amount has been determined at 500USD. As long as the value of your commissions does not exceed the minimum payout amount, you will have to wait for your payout unless we agreed otherwise.
5.3. Payouts, payment method and currency
All commission payments will be done in USD. If it happens that member payments for Premium subscriptions become available in other currencies such as EURO, and both parties to this agreement agree to execute commission payments in other currencies than USD, then an alternative currency can be agreed on, exchange rate to be determined by mid market prices at the moment of payment to the affiliate.
Payments will be executed through Paypal by default, unless decided differently by Pinaheart. Any bank charges or other expenses related to payouts are the responsibility of the affiliate.

Upon login at our affiliate portal, you will be able to see real time sales and commission reporting. In case of charge-back, credit card fraud, bad payments or similar non-payments by the member, the corresponding amounts will be reduced from the commission. Pinaheart reserves the right to withhold commission payments or a portion thereof for a reasonable time to ensure that the correct amount is paid.
We reserve the right to reject any orders that do not comply with our policies, terms and operating procedures, and thus related commissions.

We are not responsible for interest payments on commissions which have accrued but have not yet been paid.

6. Policies and procedures

Customers who pay for Pinaheart services through the affiliate program will be deemed to be customers of Pinaheart only, and Pinaheart will be solely responsible for processing all orders for product orders received through the affiliate link. All Pinaheart policies and operating procedures concerning customer applications, customer services and sales of Pinaheart services will apply to those customers. Pinaheart may change its policies, rules and operating procedures at any time in its sole discretion.

7. Liability & compensation

Pinaheart shall not be liable to you in contract or in tort arising out of, or in connection with, or relating to, the use of the link or any breach of the conditions of this agreement or anything relating to the link, including any representations made by you which contradict our policies and operating procedures.

You hereby indemnify and compensate Pinaheart fully from all claims relating to the operation and contents of any and all websites from which the Pinaheart websites may be accessed under this agreement using the link.

8. Termination and discretion

Both parties can terminate this agreement at any time by simple email message where it’s stipulated that one wishes not to continue our collaboration. Termination will be official the next calendar day following on the day of notice.
Pinaheart has the right to terminate the link’s communication to our website on reasonable ground that you have breached your obligations or responsibilities of this contract, without notice to you, and all outstanding commissions will be forfeited by you.
Both parties commit to complete discretion towards any third parties, by any means, be it in private or through public announcement, regarding every action, result, sentiment or otherwise, related to this agreement.
Both parties agree that this agreement is governed in accordance with the laws of Belgium and submit to the jurisdiction of the Belgian courts.