This Agreement is made the day set out below by and between
1. Metapic Sweden AB, Centralplan 15, 111 20 Stockholm, Sweden hereinafter referred to as "Metapic", and
2. "You" or "the Company"
A. Metapic has developed and operates a service, which allows You to set up a Metapic Self Service Account.
B. In order to use the Services, You must accept the conditions of this Agreement. Please read this Agreement carefully. By clicking on the "Register" button You accept the conditions of this Agreement. You are not allowed to use the Services if You do not accept the provisions of this Agreement.
Now therefore, You here to agree to the following binding terms of the agreement.
- Metapic has developed a tool that, among other things can be used by editors and creators to easily create collages, label (tag) images, text and other content on web pages and in such labeling specify the object, and when clicking on the link the tagging generates letting the blog visitor's browser redirect the visitor to an e-commerce store where the item is available for sale. Through collaboration with the Company, Metapic is able to provide such linking for the Company’s web shop (“the Service”).
- The Company operates a web shop (“the Web shop”).
Scope and Definitions
These terms form an integral part of the Agreement related to the Services provided by Metapic to Company. The following definitions are used in these terms:Agreement these termsServices the services provided by Metapic to Company under the terms of the AgreementTransaction the action entitling the Creator and Metapic to a commission, (Click, Lead, Sale, One time fixed fee per publication)
Right and obligations of the parties
- Metapic and the Creator in Metapic’s network who publish via sites (“Content creators”) has the right to make links to the Web shop, use the Company’s brand name and logotype, screenshots from Company´s website and information in order to fulfill the Service.
- The Company shall not, except via Metapic, for the duration of this Agreement and for six (6) months thereafter, enter into any online advertising, or other online commercial arrangements with any Creator that has been recruited to the Company´s web shop through Metapic.
- There is no validation period for transactions. You agree and understand that all transactions will be approved automatically and that any transaction deletions would be exceptional and entirely at Metapic's discretion.
- Cookie period is 30 days.
Google Analytics and use of Metapic App
- The Metapic Advertiser App can use Google Analytics to import conversions from the Metapic app. Company will have the option to enable Google Analytics tracking, which will add custom UTM parameters to the URLs of all orders placed through the Metapic app. These UTM parameters can then be used to track the effectiveness of the Metapic creators in driving sales.
- The below clauses under this Section 4. are only applicable if you choose to enable Google Analytics import.
- The purpose of Metapic accessing Google Analytics is to add orders to Metapic system. On a daily basis, Metapic examines all orders created that day, and Metapic stores the orders that match the UTM parameters added manually by the Advertiser in the Metapic Advertiser App. From the order data we store the following: UTM tags, order ID, order value, timestamp, voucher code and currency the corresponding orders are imported into the Metapic system. Metapic needs this data for visualizing the progress and success of collaboration with Metapic creators. Additionally, Metapic can use this data to fulfill the obligations between Metapic and Creators.
- Tradedoubler shall pay Creators on a monthly basis on behalf of Company provided fully paid by Company and remuneration will be paid at payment rates applicable from time to time. (Tradedoubler makes Creator payments on behalf of Metapic who is a fully owned subsidiary to Tradedoubler AB.)
- Company is, at any time, entitled to change the payment rates to a single Creator. However, Company may not make any changes which may reduce the Commission Rate and Metapic’s Commissions, if not stated before in each campaign.
- Transaction Fees and Creator Commissions which have been paid by the Company are not refundable.
Invoicing and Payment terms
Invoicing will be made monthly in arrears and paid by immediate withdrawal by Metapic from Company´s credit card. If any transaction commissions in any period exceeds EUR 5000, Metapic may invoice and make credit card withdrawals more often and at its own discretion. The minimum monthly fee is EUR 50 and the Metapic commission is 30% on Creator earnings.
The parties have the right to use one another as references and in relation to that make use of each other's company name and other characteristics, provided that such use is made in good faith and in a positive context.
Data Processing and Protection
By entering into this Agreement, Company (Data Controller) also accepts the Data Processing Agreement available on Metapic´s website, www.metapic.com.
The liability of either of the parties for damages shall with the exception of personal injury or material damage and unless intentional or gross negligence can be shown, be limited to a maximum of twelve (12) months' charges. However, the parties shall not, unless intentional or gross negligence can be shown, be liable in any circumstances for loss of earnings or other indirect damage or loss.
Changes to the Terms and Conditions
Metapic shall have the right to modify these General Terms and Conditions. Any such change shall take effect one (1) month after the Company has been informed on Metapic’s website, newsletter or the change has been made generally available. However, should the Company not approve of the changes, the Company has the right to terminate the Agreement with one (1) months’ notice. If such notice is not given within one (1) month, the Company is considered to have accepted the new terms and conditions.
Disputes arising from this agreement shall be settled in arbitration with the application of Swedish law at Stockholm Chamber of Commerce.