Terms of use – Metapic

  1. Introduction

    1. The following Terms of use govern all use of Metapic Sweden AB’s (“Metapic”) website and all content, services, and products available at or through the website (“Services”). Please read this Agreement carefully before accessing or using our Services. By accessing or using any part of our Services, you agree to become bound by the Terms. If you do not agree to all the Terms of this Agreement, then you may not access or use any of our Services.
    2. The service is structured in a way where (i) Metapic, as a Sub-Processor, processes data on behalf of Advertisers; and (ii) Metapic, as a Sub-Processor, appoints You as a sub-processor. Metapic’s appointment of You as sub-processor is further regulated in section 8 below.

  2. Payouts and payment terms

    1. Metapic pays commission for each Approved Click. Payments made by Metapic may be paid out from Metapic’s group company Tradedoubler AB.
    2. In the Tool you find information of the amount of the commission per Approved Click for each individual product. Commission levels are established by the Advertisers and/or Metapic and may be varied from time to time. In order to improve the functionality, Metapic may add products from advertisers who are not yet Advertisers whereby no commission will be paid.
    3. You are obliged, upon request, to send links, pictures and the like to the content that has generated the traffic You have received. You must be able to prove to Metapic where the traffic comes from to get paid.
    4. The total commission shown in the tool is preliminary.
    5. Payment to You will be made in one of the following ways;

      a) directly to Your bank account. You need to specify the details of Your bank account (including IBAN and SWIFT ) in the Tool, in order to receive payment. You will receive a payslip. You are responsible for the payment of all tax and national insurance payable on any payments made to You by Metapic. However, in Sweden, Metapic will withhold taxes and national insurance and send statement of taxes and earnings to the tax authorities in Sweden and Norways; or

      b) if You have a company, You may invoice Metapic.; or

      c) Your blog portal will make the payment.

    6. Payments will only be made once the total commission has reached EUR 100 or equivalent rounded amount in other local currency. The minimum payment amount may be lower than EUR 100 in some markets. The payment is made after receipt of payments from Advertisers.
    7. Payment is made monthly in arrears and the next payment date can be found in Your interface.
    8. For payment execution from Tradedoubler’s system, Tradedoubler must tick the boxes that You have accepted the Tradedoubler publisher agreement as well as the Tradedoubler Privacy Policy for technical reasons. This is only a technicality and You are not legally bound by anything except this Terms of Use of Metapic.
    9. Metapic reserves the right to write off commission where a program is closed, where You have been suspended from the Tool or if Your account has been inactive for a period of more than 6 months.
    10. Metapic reserves the right to write off commission where Metapic deems the traffic to be of poor quality. It may be but not limited to traffic that comes from non-relevant sources or traffic with low conversion to sales.
    11. Metapic reserves the right to withhold payments of too high paid commissions from next payments and/or demand prompt repayment of such paid commissions.

  3. Your obligations

    1. You warrant that you are over 18 and legally able to enter into, and to be bound by, this Agreement.
    2. You warrant that Your use of the Services and the Tool does not display or transfer any material which is obscene, racist, pornographic, offensive, defamatory, threatening, blasphemous or in breach of any third party Intellectual Property Right(s) such as trademark infringement.
    3. You warrant that you will comply with all applicable laws, rules and regulations e.g. marketing laws and privacy laws including, but not limited to, the EU-directive (2002/58/EC) and the General Data Protection Regulation (EU 2016/679).Specifically, You are aware of the marketing laws on ad labeling and warrant that you will specify that it is the Advertiser who is marketing the products and not You.
    4. You shall inform Visitors about the use of third party cookies and other tracking technologies. You shall provide detailed information about such processing and an explanation as to how it can be disabled. Subject to applicable data protection legislation, You must gain Visitors’ consent to such data processing. You shall also inform Visitors about the possible transfer of their personal data from an EEA country to third countries and must also gain Visitors’ consent to such transfer of personal data.
    5. You agree not to use or copy any content or information on the Tool outside the scope of the Services, without the prior written permission of Metapic.
    6. You hereby grant Metapic a worldwide, nonexclusive, royalty free license to the images and links you use in connection with the Services.
    7. You agree not to link to considerably different products than the ones represented on the picture.

  4. Obligations of Metapic

    1. Metapic provides the Tool “as is” and does not guarantee the Tool's functionality, availability or reliability. Also, Metapic does not guarantee the offerings on the sites that the linking is made to since the Advertisers are third parties that Metapic has no control over.

  5. Term and Termination

    1. The Agreement shall commence on the date Your account is activated by You following receipt by You of the acceptance email from Metapic. The Agreement shall continue until terminated with 7 days’ notice in writing by You or Metapic.
    2. Metapic may terminate the Agreement at any time for any breach of this Agreement.
    3. When the Agreement is terminated, You shall immediately remove all advertising and links relating to the Services. You may not earn Commission after the Agreement is terminated.

  6. Limitation of Liability

    1. Apart from what is stated in section 7 below, both You and Metapic are only liable for direct damages. Metapic’s liability under this Agreement is limited to 100.000 SEK per year.

  7. Indemnification

    1. You shall indemnify and hold harmless Metapic against any and all losses arising from or connected with any infringement of any Intellectual Property Rights of any third party anywhere in the world; any breach by You of Clause 3; and Your negligence, default or material breach of this Agreement.

  8. Handling of personal data

    1. The purpose of the processing of Personal data is to advertise through Metapic’s blog network as further detailed in this Agreement. The categories of data subjects that may be included in relation to the processing are individuals who actively request redirection to Advertiser. The categories of Personal data that may be processed are contact details such as cookie ID, IP number, order number and photographs.
    2. Metapic shall immediately and in writing notify Sub-Processor of all circumstances that may arise which may involve the need to change the way in which Sub-Processor processes Personal data.
    3. Sub-Processor has the following obligations;
      - shall only process Personal data on behalf of, and for the benefit of, Advertisers. Furthermore, the process shall be for the purposes stated above and in accordance with the instructions provided by Metapic, and only in order to fulfill Sub-Processor’s assignment hereunder;
      - shall ensure that every person who has access to the Personal data covered by this Agreement complies with this Agreement, including the obligation to only process the personal data in accordance with the instructions given by Metapic;
      - shall not transfer or give access to Personal data to any third party without Metapic’s and/or Advertisers’ explicit prior written approval unless there is a legal obligation for Sub-Processor to do so;
      - shall not engage sub-contractors to perform all or part of the processing of Personal data (including access to) unless Metapic has given its prior specific written approval;
      - undertakes to ensure that Personal data are stored and processed only within EU/EES unless transfer is made to a Third Country or an international organization that the Commission has decided to ensure an adequate level of protection, or the sub-processor has been and continues to be certified under the EU-US Privacy Shield Framework for the Personal Data covered by this DPA;
      - shall ensure that every person with permission to process Personal data is under obligation of confidentiality in a binding agreement applicable to all information processed by Sub-Processor under this Agreement. Access to Personal data may only be granted to persons who needs such access to the data in order to carry out their duties;
      - shall promptly notify Metapic of any security incidents where such incidents have resulted in accidental or unlawful destruction, loss, alteration, unauthorised disclosure of or access to the Personal data covered by this Agreement. If it is likely that a personal data security incident involves any risk related to the privacy of data subjects, Sub-Processor shall immediately after when Sub-Processor has gained knowledge of the security incident, take sufficient remedial actions in order to prevent or mitigate the security incident’s possible negative effects. In those cases where a security incident shall be reported to the supervisory authority, Sub-Processor shall promptly cooperate with Metapic and Advertisers in gathering the relevant information that is requested and to cooperate with the supervisory authority. Sub-Processor shall assist Metapic in fulfilling Advertisers’ obligations towards data subjects and assist Metapic to facilitate the exercise of data subjects’ rights such as the rights of correction and removal of data, data portability etc. in accordance with the applicable data protection legislation;
      - undertakes to when the Agreement has been terminated or otherwise expired, to return and/or delete or destroy all Personal data covered by the Agreement;
      - shall make sure that Metapic and Advertisers have the possibility to at Sub-Processor’s location(s) and/or its possible sub-contractor(s)’ location(s), investigate that Sub-Processor and its possible sub-contractors, obey to all provisions according to this Agreement and the applicable data protection legislation;
      - is responsible for that the Personal data always are treated with confidentiality and that it has established, implemented and maintained technical, physical, administrative and organisational security measures, that are suitable considering the risk that is associated with the processing of the personal data in regard to data subjects’ rights and freedoms, and for Advertiser’s business, all in accordance with Metapic’s instructions. All security measures shall be at least equal to the level which the competent supervisory authority typically requires for equivalent processing activities;
      - shall particularly ensure that the Personal data is protected against any actual, suspected or anticipated threats to the security and integrity of Personal data such as accidental or unlawful destruction, loss or change, unauthorised disclosure of or access to Personal data and other Personal data breaches.
    4. If Data for which you are to be regarded as personal data controller is processed within the Services, Metapic is personal data processor regarding such information. You are responsible for ensuring that Personal Data is processed in accordance with applicable legislation and that security requirements are established for the processing. Metapic undertakes in its role as a processor to comply with the obligations listed in section 8.3 above (in which section Metapic refers to You).

  9. General

    1. Metapic reserves the right to deem any of Your use of the Services inappropriate and remove the Services. In such circumstances Metapic has the right to withhold any money earned (or not banked) by You from use of the Services prior to termination.
    2. You accept that Metapic may change these Terms of use with 7 days’ notice by posting such information on our website. If You do not accept new terms, You may terminate this Agreement with 3 days’ notice. In the absence of such notice You shall be deemed to have accepted the new terms.
    3. You understand and You approve by accepting these Terms of use that Metapic may transfer your personal data to third party data processors for marketing purposes.
    4. Metapic and its Advertisers owns all copyrights, trademarks, Intellectual Property Rights, know-how or any other rights connected to the Service. Metapic’s own the Tool and all other parts related to the Service in relation the blog portal.
    5. The Agreement is subject to the laws of Sweden and shall be subject to the exclusive jurisdiction of the Swedish courts.
    6. Nothing in the Agreement or the relationship between the parties is intended to have the effect of guaranteeing You any continuity of supply or profits.
    7. This Agreement does not constitute a partnership or relationship of employer and employee between You and Metapic.

  10. Definitions

    "Advertiser" means a company, who has an agreement with Metapic, seeking to market its goods and services through a commercial message, which enables the viewer to click on it and be referred to the specific Advertiser website;

    "Approved Clicks" means the number of clicks on a link posted by the Tool made by a visitor's IP address that is not be considered a Click Fraud. In addition, it may not be click on a product that is linked to which is out of stock;

    "Click Fraud" means clicks on a link posted by the Tool by a unique IP address that either previously clicked on the link or otherwise (according to Metapic’s assessment) is considered artificially generated clicks;

    "Tool" means the by Metapic developed service (included in the Services) for the creation of collages and linking between these collages, images and text on one hand, and on the other hand e-commerce sites where the objects that are tagged in collage, image or text is found.