GiBSeS Affiliate Program Terms

Last updated: 2026-06-01

Version 1.0 — In force from June 1st, 2026. Program Owner: GiBSeS OÜ, a private limited company (osaühing) incorporated under Estonian law, registered office at Juhkentali tn 8, 10132 Tallinn, Estonia, share capital € 20,000, Estonian commercial register no. 17231761, VAT EE registration pending (hereinafter "GiBSeS" or "Owner").

1. Subject and acceptance

1.1 These terms (the "Terms") exclusively govern the GiBSeS Affiliate Program (the "Program"), which allows participants ("Affiliates") to introduce potential customers for the RADAR and RADAR + ECHO products (the "Products") and to earn, under the conditions hereunder, an affiliate commission (the "Commission"). 1.2 Joining the Program — whether by submitting the application form, email acceptance, or any equivalent means — entails full, unconditional and irrevocable acceptance of these Terms and any amendments thereto under art. 14. 1.3 GiBSeS reserves the unappealable right to accept or reject any application, without any obligation to state reasons and without giving rise to any claim for damages or indemnity.

2. Legal nature of the relationship

2.1 The relationship between GiBSeS and the Affiliate is exclusively one of occasional, non-exclusive business introduction. The Affiliate is not a commercial agent, employee, coordinated and continuous collaborator, representative, mandatary, partner or shareholder of GiBSeS. 2.2 The Affiliate has no power of representation: they cannot negotiate, conclude contracts, issue declarations, provide warranties, modify prices or conditions on behalf of GiBSeS. Any act performed in breach is null, unenforceable against GiBSeS and grounds for the Affiliate's exclusive liability. 2.3 The Affiliate is autonomous for tax, contribution and social-security purposes. The Affiliate bears exclusively all tax, contribution, insurance and administrative obligations arising from Commissions earned in their jurisdiction of tax residence. GiBSeS withholds no amount unless mandated by overriding law. 2.4 The Program does not in any case constitute an agency relationship under Directive 86/653/EEC nor equivalent national rules. The parties expressly exclude any end-of-contract indemnity, territorial exclusivity, notice period and any other agency-typical protection.

3. Eligibility requirements

3.1 The Program may be joined by: a) natural persons of legal age with full legal capacity; b) legal entities duly incorporated and compliant with tax and registry obligations in their jurisdiction. 3.2 The Program excludes: a) employees, collaborators, consultants and directors of GiBSeS and its group companies; b) parties in direct competition with the Products; c) parties resident or operating in jurisdictions subject to international sanctions (EU, UN, OFAC); d) parties in litigation with GiBSeS or previously excluded from the Program; e) parties failing AML/KYC checks where applicable. 3.3 GiBSeS may request supporting documentation at any time, suspending accrued Commissions in the meantime pending verification.

4. Referral mechanics and attribution

4.1 A "Valid Referral" must cumulatively satisfy ALL of the following conditions: a) the prospect was introduced by the Affiliate through GiBSeS's official channel (form, unique affiliate code or dedicated email) BEFORE any prior contact with GiBSeS, before being present in GiBSeS commercial databases, or before being reached by marketing campaigns; b) the prospect is not already a customer, former customer (within 24 months), active lead or in GiBSeS pipeline; c) the prospect signs a contract for RADAR or RADAR + ECHO within 90 days of the referral; d) the prospect makes the first payment and clears the cooling-off/trial period without cancelling; e) the prospect's contract is in good standing at each monthly Commission accrual. 4.2 In case of duplicate referrals (same prospect by multiple Affiliates), the first referral chronologically recorded by GiBSeS systems prevails, whose timestamp is exclusive and conclusive evidence. 4.3 GiBSeS reserves the right to refuse referrals it deems, at its sole discretion: already acquired, in strategic conflict, off-target, produced with deceptive methods, non-compliant with anti-spam or GDPR rules. Refusal grants no right to Commissions or indemnities. 4.4 Attribution of Valid Referrals and computation of Commissions result exclusively from GiBSeS information systems, which constitute conventionally exclusive evidence between the parties.

5. Commissions

5.1 For each Valid Referral, the Affiliate earns a monthly Commission of: a) € 8.00 (eight) per active RADAR customer in good standing; b) € 12.00 (twelve) per active RADAR + ECHO customer in good standing. 5.2 The Commission is due for a maximum of 24 (twenty-four) months from the activation date of the referred customer's contract, and ceases automatically on the first of the following: a) expiry of the 24 months; b) cancellation, withdrawal, termination or suspension of the customer contract; c) customer non-payment exceeding 30 days; d) downgrade to free or suspended plan; e) customer chargeback, dispute or refund; f) Program termination per art. 13. 5.3 Amounts are gross of any tax, levy, contribution or withholding. The Affiliate must issue compliant tax documentation (invoice, receipt or equivalent) per their jurisdiction. Without compliant documentation within 60 days of accrual, the Commission is permanently forfeited. 5.4 Commissions are not cumulative with other GiBSeS promotional programs, discounts, partnerships or commercial agreements, except by express written authorization. 5.5 GiBSeS reserves the right to unilaterally modify Commission amounts for future referrals with 30 days' notice. Already-validated referrals keep the economic conditions in force at validation.

6. Payment of Commissions

6.1 Accrued Commissions are paid quarterly in arrears, within 60 days of quarter close, subject to: a) receipt of valid compliant tax documentation; b) reaching a minimum threshold of € 50.00 of accrued Commissions (otherwise carried to the next quarter); c) absence of disputes, litigations or irregularities. 6.2 Payment is by SEPA transfer or equivalent to an account in the Affiliate's name. Currency, transfer and bank fees are borne by the Affiliate. 6.3 Commissions not collected within 24 months of accrual are time-barred and definitively waived. 6.4 In case of overpayment, GiBSeS may offset or claim restitution without time limit. 6.5 Discretion in payout. GiBSeS reserves the right, at its sole and unappealable discretion and following case-by-case evaluation, to suspend, postpone or refuse in whole or in part the payment of a Commission where one or more of the following circumstances arise: (i) anomalies in tracking, invoicing or payment systems; (ii) suspected fraud, collusion, fictitious or duplicate referrals; (iii) ongoing or likely disputes from the referred customer; (iv) referrals conflicting with others already acquired; (v) documentary irregularities or non-compliant invoice/tax receipt; (vi) even alleged breaches of these Terms; (vii) any other circumstance reasonably affecting the regularity, lawfulness or economic sustainability of the Referral. Suspension shall be notified in writing to the Affiliate within 30 days of the scheduled payout date; the Affiliate may submit written observations within 15 days of receipt. GiBSeS' final decision is unappealable and does not give rise to any claim for damages, indemnity, default interest, legal fees or any other sums whatsoever. 6.6 Technical payment method. GiBSeS may execute payments by generating SEPA batch files (pain.001 format or equivalent) through its banking partner, with simultaneous credit to multiple Affiliates in a single instruction. This method does not alter the rights and obligations of the parties.

7. Clawback and reversals

7.1 GiBSeS may fully claw back Commissions already paid or accrued where, even afterwards: a) breaches of these Terms by the Affiliate emerge; b) the referred customer exercises cancellation, chargeback, dispute or non-payment; c) fraud, collusion, abuse or fictitious referrals emerge; d) the customer contract is annulled for any cause. 7.2 Clawback also operates via offset against future Commissions and, where insufficient, via restitution claim, without prejudice to compensation for additional damages.

8. Affiliate obligations and prohibitions

8.1 The Affiliate undertakes to: a) act with fairness, transparency and compliance with applicable law (GDPR Reg. EU 2016/679, anti-spam rules, consumer law, advertising rules); b) obtain in advance valid explicit consent from prospects for data processing for referral purposes, and retain proof; c) accurately, non-deceptively and non-exaggerated represent the Products' features, performance and prices, sticking to GiBSeS-provided official materials; d) refrain from any statement on behalf of GiBSeS. 8.2 The Affiliate is expressly prohibited from: a) sending unsolicited commercial communications (spam) via email, SMS, messaging or phone; b) running paid ad campaigns (Google Ads, Meta Ads, etc.) using GiBSeS trademarks, domains, keywords or product names without prior written authorization; c) registering domain names, social accounts, profiles or handles including "GiBSeS", "RADAR", "ECHO", "MAIKE" or confusingly similar variants; d) self-referring (referring themselves, controlled, controlling or affiliated companies, family up to 4th degree or related parties); e) creating multiple accounts or using nominees to multiply Commissions; f) promising discounts, rebates, bonuses, kickbacks or any economic advantage to prospects (Commission-splitting prohibited); g) using brand bidding, cybersquatting, typosquatting, cookie stuffing, link farming or other deceptive techniques; h) disclosing confidential information, non-public pricing, roadmaps or confidential GiBSeS data; i) acting in any way that may harm GiBSeS' image, reputation or commercial interests. 8.3 Breach of even one of the above prohibitions triggers immediate termination, full clawback of accrued unpaid Commissions, and entitles GiBSeS to claim all damages, direct and indirect.

9. Intellectual property

9.1 GiBSeS trademarks, logos, trade names, product names, graphic materials and any other distinctive signs are the exclusive property of GiBSeS or its licensors. 9.2 The Affiliate is granted a limited, non-exclusive, non-sublicensable, free and ad-nutum revocable license to use GiBSeS-provided official materials solely for Program purposes within the brand guidelines provided. 9.3 Any non-conforming use, modification, adaptation or unauthorized exploitation constitutes IP infringement actionable civilly and criminally.

10. Personal data protection (GDPR)

10.1 GiBSeS processes Affiliate personal data as Controller for Program-management purposes per the Privacy Policy available on the site. 10.2 The Affiliate, insofar as they process prospect personal data for referral purposes, acts as an autonomous Controller and exclusively bears responsibility for lawfulness of collection and processing, indemnifying GiBSeS against any third-party or authority claim, sanction or damages. 10.3 The Affiliate undertakes to provide prospects, before referring them, with proper privacy notice and to collect explicit documentable consent.

11. Liability and indemnity

11.1 GiBSeS does not warrant: Program continuity, minimum Commission levels, conversion numbers, referred customer contract duration, Product performance. 11.2 GiBSeS' liability, where recognized, is in any case limited to the amount of Commissions actually accrued and unpaid at the time of the loss event, excluding indirect, consequential, lost-profit, lost-chance or reputational damages. 11.3 The Affiliate indemnifies and holds GiBSeS harmless from any claim, request, sanction, damage or cost (including legal fees) arising from: (i) Terms breaches; (ii) unlawful, improper or deceptive conduct; (iii) third-party rights violations; (iv) anti-spam, GDPR or consumer-law violations; (v) divergent statements made to prospects.

12. Affiliate withdrawal

12.1 The Affiliate may withdraw from the Program at any time by written notice to legal@gibses.com. Withdrawal stops new Commission accrual; already-accrued validated Commissions are paid per the ordinary terms, subject to arts. 7 and 8.

13. Suspension, exclusion and Program termination

13.1 GiBSeS may suspend or exclude the Affiliate at any time, immediately and without notice, in case of Terms breach, harmful conduct or suspected fraud. Suspension blocks accrued Commissions pending verification; exclusion entails permanent loss of unpaid Commissions. 13.2 GiBSeS reserves the right to amend, suspend or terminate the Program at any time, with 30 days' notice via email or site posting. Commissions accrued and validated before termination remain due under ordinary terms, except for forfeiture causes. 13.3 Program termination grants no right to indemnities, end-of-contract indemnity, compensation for client or chance loss, indemnity or offset of any nature.

14. Amendments to the Terms

14.1 GiBSeS reserves the right to amend the Terms at any time. Amendments take effect upon site publication or email communication, absent Affiliate withdrawal within 15 days of communication. Continuing referral activity constitutes tacit acceptance of amendments.

15. No assignment

15.1 The Affiliate may not assign, transfer, contribute or pledge, gratuitously or for value, any position, right or credit arising from the Program, without GiBSeS' prior written authorization. Unauthorized assignments are null and unenforceable.

16. Communications

16.1 All communications validly take place via email at the addresses provided upon joining. It is the Affiliate's burden to keep contact details current.

17. Governing law and jurisdiction

17.1 These Terms are exclusively governed by the law of the Republic of Estonia, excluding conflict-of-laws rules and the Vienna Convention on International Sale of Goods. 17.2 The Court of Tallinn (Estonia) has exclusive jurisdiction over any dispute arising from or connected to the Terms, with express waiver of any alternative or concurrent forum. 17.3 For Affiliates qualifying as consumers under applicable law, the mandatory jurisdiction of the consumer's place of residence remains where required by public-policy rules.

18. Severability

18.1 Any nullity, invalidity or ineffectiveness of one or more clauses does not entail nullity of the entire Terms, which remain in force for the remaining clauses. The parties undertake to replace invalid clauses in good faith with others of analogous economic effect.

19. Specific approval (Italian Civil Code art. 1341)

19.1 The Affiliate declares to have read, understood and specifically approved — also under and for the purposes of arts. 1341 and 1342 of the Italian Civil Code and equivalent rules — the following clauses: art. 1.3 (unappealable acceptance), art. 2 (legal nature), arts. 4.2 and 4.3 (attribution and refusal of referrals), art. 4.4 (exclusive evidence of GiBSeS systems), art. 5.5 (unilateral Commission amendment), art. 6.5 (discretion in payout), art. 7 (clawback), art. 8 (prohibitions and termination), art. 11 (limited liability and indemnity), art. 13 (suspension, exclusion, termination), art. 14 (unilateral amendments), art. 15 (no assignment), art. 17 (governing law and exclusive jurisdiction).