NOYA Affiliate Program — Terms & Conditions
Version: v2025-10-16
Effective date: Oct 16, 2025
Operator: Alexandru Droscariu (trading as NOYA), Kollerweg 7, 3006 Bern, Switzerland (“NOYA”, “we”, “us”).
By submitting the “Join our affiliates program” form, you (“Affiliate”, “you”) agree to these Terms.
1) Program & Enrollment
1.1 Enrollment is subject to review; we may approve, reject, or revoke at our discretion.
1.2 Provide accurate info and keep it updated. One account per person/entity.
2) Links, Codes & Attribution
2.1 We provide unique tracking links and/or discount codes; use only your assigned assets.
2.2 Attribution model: last-click via cookie and/or discount code at checkout.
2.3 Cookie window: 30 days. Attribution may fail if cookies are blocked/cleared or device/browser changes.
3) Commission, Vesting & Payout
3.1 Rate: 10% of net revenue (order subtotal excluding VAT/taxes, shipping, gift wrap, and third-party fees).
3.2 Pre-orders: Commission records at the initial checkout; it vests and becomes payable only after the order is Fulfilled (if we instead specify “after final capture,” that will govern).
3.3 Refunds/chargebacks:
- Full refund/chargeback → commission voided.
- Partial refund → commission pro-rated to the post-refund net.
3.4 Payout timing: Net-30 after vesting and after you meet payout thresholds/KYC/tax form requirements.
3.5 Currency/method: Paid in CHF or EUR (at our discretion) to your registered payout method; transfer fees are yours.
3.6 Taxes: You act as an independent contractor and handle your own taxes/VAT.
4) Ineligible Orders & Exclusions
4.1 Orders from customers tagged Founders 10% for life are ineligible.
4.2 Self-purchases (same email/name/address or obvious self-referral) are ineligible.
4.3 Discount stacking: If an automatic discount or other code applies, affiliate discounts may be blocked; such orders may be ineligible.
4.4 Other exclusions: Gift cards, wholesale/draft/test orders, orders placed with unauthorized/ leaked coupons, and suspected fraud/abuse.
5) Promotion Standards & Compliance
5.1 No false, misleading, or unsubstantiated claims.
5.2 Disclosure required on every post/page (e.g., “I may earn a commission from purchases via my link.”) Comply with FTC, EU/UK ASA/CAP, and local rules.
5.3 Paid search restrictions: No bidding on “NOYA”, “noya.fit”, or close variants (including in ad copy or display URLs).
5.4 No spam/unsolicited messages, cookie dropping, toolbars/extensions without written approval, typosquatting, impersonation, or illegal/offensive content.
5.5 Follow social platform policies; use branded-content tags where required.
6) Brand & IP
6.1 Limited, revocable, non-exclusive, non-transferable license to use NOYA assets we provide, solely to promote under this Program.
6.2 Follow our brand guidelines; we may request edits/removals.
6.3 All NOYA IP remains ours.
7) Content & Usage
7.1 You are responsible for rights to any content you create (music, images, likenesses).
7.2 You grant NOYA a non-exclusive, royalty-free license to reference/repost your affiliate content (with credit) for marketing, worldwide, during and after participation.
8) Fraud, Audit & Remedies
8.1 Prohibited: self-referrals, fake traffic, forced clicks, cloaking, code leaks, or any manipulation of attribution.
8.2 We may review referrals, sources, and creatives at any time.
8.3 We may withhold/reverse commissions, suspend/terminate accounts, and pursue remedies for breaches.
9) Data & Privacy
9.1 Each party is an independent controller of personal data it processes.
9.2 Comply with GDPR/ePrivacy/CCPA and platform rules; obtain valid consent for cookies where required.
9.3 Keep your credentials secure and notify us of any breach.
10) Term, Termination & Changes
10.1 Term begins upon approval and continues until terminated.
10.2 Either party may terminate anytime, with or without cause; material breaches may result in immediate termination.
10.3 On termination, stop using links/codes and NOYA assets. Unvested commissions are forfeited; vested but unpaid commissions will be paid on the next cycle subject to these Terms.
10.4 We may update these Terms, commission rates, and rules at any time; continued participation constitutes acceptance.
11) Relationship; Liability
11.1 Independent contractors; no partnership, agency, joint venture, franchise, or employment. You cannot bind NOYA.
11.2 Disclaimer: Program and tracking are provided “as is”; uninterrupted tracking isn’t guaranteed.
11.3 Liability cap: To the maximum extent allowed by law, NOYA’s aggregate liability is limited to commissions paid to you in the three (3) months preceding the claim; no indirect/special/incidental/consequential damages.
12) Governing Law & Venue
These Terms are governed by Swiss law (conflict rules excluded). Exclusive venue: the courts of Zug, Switzerland. We may seek injunctive relief in any competent jurisdiction.
Program settings (summary):
- Commission: 10% of net revenue (ex-tax, ex-shipping)
- Cookie window: 30 days (last-click)
- Payout trigger: After Fulfilled (pre-orders vest on fulfillment)
- Payout cycle: Net-30
- Exclusions: Founders-tag customers, self-purchases, gift cards, wholesale/draft/test, stacked/automatic discounts, suspected fraud
- Contact: alex@noya.fit