Conditions générales d’utilisation du programme partenaire

These Terms and Conditions ("Terms") govern your use of the pCloud Affiliate Program (“Program”). By enrolling into the pCloud Affiliate Program, you agree to these Terms, as well as to the general Terms and Conditions of pCloud International AG (“pCloud”), located at https://www.pcloud.com/terms_and_conditions.html

Program eligibility

You must be at least 18 years old to enroll in the program. Employees of pCloud are not eligible to participate in the Program.

Enrollment in the program

To enroll in the Program, you must register an affiliate account through https://partner.pcloud.com/login/register. You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process. By creating your affiliate account, you agree to comply with all of our rules and agreements.

Relationships of parties

You and pCloud are independent contractors and nothing in these Terms will create any joint venture, agency franchise, sales representation or employment relationship between the two parties. You will have no authority to make or accept any offers, or make statements on behalf of pCloud.

Privacy

pCloud’s Privacy Policy located at https://www.pcloud.com/privacy_policy.html explains how we collect, use, and disclose information about you. By using the pCloud Affiliate Program, you also agree to our Privacy Policy.

Confidentiality

As a result of your participation in the Program, we may discuss to you information that is considered confidential. Such information may include but not be limited to changes to the Affiliate Program Terms made specifically for you and not for the other members of the Program, details about new features to be released by pCloud, and others. You agree not to disclose any such confidential information to any third parties unless said information is generally known or publicly available or if the same is required by law or legal process.

Commissions

1. For a sale to be eligible for a commission, the referred customer must visit pCloud through a special affiliate link which will be provided to you upon signup for the Program.
2. Affiliate link cookies are kept for 45 days. This means that if a referred customer visits pCloud through your affiliate link, closes their browser session and then completes a purchase within 45 days of clicking on your referral link, you are eligible for a commission for this sale. If the customer leaves the site and returns after the aforementioned 45 days have passed, your are no longer eligible for a commission.
3. We will only pay commissions for sales that are automatically tracked and reported by our system. You are not eligible for commissions for customers whose signups were not tracked properly but claim they were referred by you.
4. There are two types of affiliate commissions that can be earned: sign-up (for Lifetime plans) and recurring commissions



Sign-up commission	Recurring commission
20% of each single payment from every referred new client	20% of each recurring monthly/annual payment from every referred new client



5. You can only choose one affiliate commission type for a single referral, however, you can set different commission models for different referrals.
6. Once you set a commission model for a referred customer, you cannot change it.
7. Commissions are only earned once a customer has instructed their first monthly payment. In case the customer makes a payment and retracts it within pCloud’s cancellation period, you are not eligible for a commission.
8. The commission structure and commission percentages are subject to change at our discretion. We will notify all affiliates of any such change at least 30 days prior to the change implementation. In case of a commission structure/percentage paid, commissions earned under the previous structure/percentage will be paid out according to the previous structure/percentage.
9. We reserve the right to disqualify any commissions earned through fraudulent, illegal, or questionable sales or marketing methods such as but not limited to spam.
10. Self-referrals for Affiliate purchases are strictly prohibited. This means that you cannot refer yourself

Commission payments

1. The minimum commission payout threshold is $10 for Paypal payments and $500 for bank wires
2. Commission payments are carried out through PayPayl or bank wire.
3. Commissions are paid monthly, but no earlier than 45 days after a successful referral.
4. Commissions are paid monthly on each 16th

Paid Search Policy

1. You are required to comply with the following rules when bidding on keywords on any paid search engines or a social media site, including but not limited to Google, Yahoo/Bing, Twitter, and Facebook.
2. You are prohibited from bidding on any pCloud trademarks, or any variations and misspellings thereof without pCloud’s prior written approval. Examples of prohibited keywords are "pCloud", "pCloud Crypto", "pCloud Business", "www.pcloud.com", "p cloud", "pCloud reviews", etc.
3. You are prohibited from bidding on keywords containing pCloud trademarks plus an additional term such as [pCloud coupons], [pCloud promotions], and [pCloud promos].
4. You are prohibited from outranking pCloud’s internal paid search ad on any keywords.
5. You are prohibited from using pCloud.com as a display URL.
6. All materials, including but not limited to ad copy and promotions that you advertise must accurately represent active and valid pCloud promotions.

Termination

We have the right to suspend or terminate your pCloud affiliate account at any time at our sole discretion. Such termination will result in the deactivation or deletion of your account and you will forfeit all of your to-be-paid commissions earned through fraudulent, illegal or questionable sales or marketing methods. We reserve the right to refuse service to anyone at any time and for any reason.

Limitations of liability

1. pCloud will not be liable for any indirect or consequential damages, or loss of revenue, profit, or data in connection to the Program, even if we have been advised of the possibility of such damages. Further, our aggregate liability arising with respect to these Terms and the Program will not exceed the total commissions paid or payable to you under this Agreement.
2. We make no implied warranties or representations with respect to the Program or any products/services sold through the Program (including but not limited to warranties of merchantability, non-infringement, or any implied warranties arising out of a course of performance, dealing, or trade usage).
3. In addition, we make no representation that the operation of the pCloud site(s) will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors.

Changes to these Terms

1. We reserve the right to change and modify these Terms at any time upon our sole discretion. Notice of any change by email to your address on our records or the posting of a change notice on the site of the Program will constitute sufficient notice.
2. Modifications may include but are not limited to changes in the scope of commission fees, commission payment schedules, payment procedures, and Affiliate Program rules.
3. If any change or modification is unacceptable for you, your only recourse is to terminate your affiliate account. Your continued participation in the Program following notice of the Terms and Conditions change will be considered a binding acceptance of the change.

Governing law

These Terms are governed by and shall be construed in accordance with the laws of Switzerland.