Affiliate & Referral Program Terms

· 32 min read

PROVIDER AND CONTRACTING PARTY

FourByte GmbH
Hubertusweg 36
89278 Nersingen
Germany

Commercial register: HRB 20780
Register court: Local Court of Memmingen
Managing Directors: Luca Jurende, Marten Enders, Dominik Huber and Leon Bendzko
Contact: public@profitpath.app

FourByte GmbH is referred to below as "FourByte", "we", "us" or "ProfitPath".

1. SCOPE AND ORDER OF PRECEDENCE

These Affiliate and Referral Program Terms, referred to as the "Program Terms", govern participation in the ProfitPath Refer-a-Friend Program, the Standard Affiliate Program and any special or exclusive affiliate campaigns offered by FourByte.

Additional campaign terms, compensation information displayed in the Affiliate Dashboard and individually signed partner or cooperation agreements form part of the Program Terms. In the event of a conflict, the following order of precedence applies: (1) an individually signed agreement or addendum, (2) campaign-specific terms displayed in the Dashboard, (3) these Program Terms, and (4) FourByte's general product terms and conditions.

Participation is voluntary and requires acceptance of these Program Terms. FourByte is not obliged to accept an applicant or to continue offering any campaign indefinitely.

2. DEFINITIONS

"Affiliate" means a natural or legal person approved by FourByte for the Standard Affiliate Program or a special affiliate campaign.

"Referrer" means an eligible ProfitPath or ProfitGo user who shares a personal Referral Link through the Refer-a-Friend Program.

"Referral Link" means an individually assigned tracking link or code provided by FourByte or the affiliate platform used by FourByte.

"Referred Customer" means a genuine and independent person or business that satisfies the requirements for a Qualified Conversion.

"Qualified Conversion" means a new customer relationship that is valid under these Program Terms, is technically attributed, is approved by FourByte and results in successful payment.

"Qualified Net Revenue" means amounts actually received by FourByte for eligible subscription products, less VAT and similar transaction taxes, discounts, coupons, credits, referral credit, refunds, chargebacks, cancellations, uncollectible amounts, payment-provider and currency-conversion fees, and any other amounts expressly excluded in the Dashboard.

"Affiliate Dashboard" means the platform used by FourByte, including FirstPromoter or a successor system, to manage tracking, campaigns, commissions and payments.

"Good Cause" means a circumstance that, after considering the interests of both parties, makes it unreasonable for FourByte to continue the relationship, including a material or repeated breach of these Program Terms.

3. ELIGIBILITY AND ACCOUNT

Only adults with full legal capacity and businesses acting in the course of their commercial, entrepreneurial or self-employed activity may participate in the commission-paying Affiliate Program. FourByte may request appropriate identity, company, tax and payment documentation.

All information must be complete, current and accurate. Unless FourByte has given prior written approval, only one Affiliate Account is permitted per person, business, economically connected group and payment recipient.

Participants must protect their login credentials and are liable in accordance with applicable law for activities caused through their fault. Suspected or unauthorised account use must be reported to FourByte without undue delay.

FourByte may reject or restrict participation, assign a participant to a different campaign, or make participation subject to additional compliance and onboarding steps.

4. REFER-A-FRIEND PROGRAM AND PROGRAM CREDIT

An eligible Referrer may receive Program Credit for a Qualified New Customer. Unless a different amount is shown in the Dashboard or stated for a specific promotion, the credit is EUR 20 for the first qualified ProfitGo purchase and EUR 100 for the first qualified ProfitPath purchase.

A referral qualifies only if the Referred Customer was not an existing or recently active paying customer before clicking the Referral Link, properly uses the Referral Link, purchases an eligible subscription, makes the first payment in full, and the payment is neither refunded nor charged back during the review period.

If the same person or business qualifies for both ProfitGo and ProfitPath, only the higher total credit amount is granted. Any lower credit already granted will be deducted from the higher amount. Only one reward may arise for each Referred Customer, and the same conversion can never generate both Referral Credit and a cash-payable affiliate commission.

Program Credit is not cash, electronic money, a savings balance or a cash-payable commission claim. It is non-transferable, may not be pledged or sold, and will under no circumstances be paid out in cash or transferred to a bank, PayPal or other payment account.

Program Credit may only be used to pay future subscription fees for the Referrer's own FourByte products that have been approved for this purpose. If no active subscription exists, validly earned credit remains available in the registered account and may be used for a later reactivation or a new subscription for the Referrer's own use. If the credit exceeds a single invoice, the remaining amount will be carried forward to later eligible invoices.

Program Credit may not be used to settle amounts that are already due or subject to a payment reminder, external services, taxes, hardware, gift cards or any other non-approved item. Amounts paid using Program Credit will not be refunded in cash.

FourByte may temporarily suspend Program Credit during a review and may cancel non-qualifying, duplicate, fraudulent or charged-back referrals. If credit has already been used, FourByte may set the amount off against future credit. This alone does not create a payment claim against the Referrer, except in cases of intentional fraud or another statutory damages claim.

Unused Program Credit expires upon the voluntary permanent deletion of the account or a justified account suspension for misuse. If the Refer-a-Friend Program is discontinued, participants will be given a reasonable redemption period of at least twelve months for credit that has already been confirmed, unless the account was suspended for Good Cause.

5. STANDARD AFFILIATE COMMISSION

Unless the Affiliate Dashboard states otherwise, the standard commission is 20% of Qualified Net Revenue generated from the eligible ProfitPath and ProfitGo subscriptions shown in the Dashboard.

The commission is recurring and may informally be described as a "lifetime" commission. "Lifetime" only means that commission may continue for as long as: (a) the Referred Customer's subscription remains active and paid, (b) the customer and the payments continue to qualify, (c) the Affiliate remains approved and compliant, (d) these Program Terms and the relevant campaign continue to exist, and (e) the relationship has not ended under Section 18. No fixed, irrevocable or literal lifetime payment entitlement is created.

Commission is earned only on Qualified Net Revenue actually received by FourByte. Free trials, free plans, test purchases, cancelled invoices, taxes, refunds, chargebacks, internal test accounts, existing customers, active sales leads and products not enabled in the Dashboard do not qualify for commission.

Upgrades, downgrades, pauses and plan changes are taken into account on the basis of Qualified Net Revenue actually received, provided that the campaign supports them. No commission is owed on later additional purchases, seats, add-ons or other products unless the Dashboard expressly identifies them as commissionable.

Compensation is calculated exclusively using the data recorded by FourByte, Stripe and the Affiliate Dashboard. FourByte will make a reasonable correction in the event of an obvious technical error.

6. EXCLUSIVE AFFILIATES AND SPECIAL CAMPAIGNS

Exclusive Affiliates, level-up campaigns, time-limited commissions and individual commission rates are additionally governed by the relevant campaign description and the signed partner agreement.

The individual agreement should in particular define the commission rate, eligible products, term, exclusivity, territory, content or performance obligations, bonus KPIs, post-termination commissions, minimum performance requirements, confidentiality and termination rights.

A fixed contractual term may only be terminated for convenience in accordance with the individual agreement. Each party's right to terminate for Good Cause remains unaffected.

Bonus payments, increased commission levels and other incentives require genuine and objectively verifiable metrics. The primary sources are data from FirstPromoter, Stripe, native platform analytics or other analytics sources approved by FourByte. Screenshots or self-created reports alone do not establish an entitlement.

Fabricated, purchased, automatically generated or manipulated views, clicks, followers, leads, purchases, retention data or other KPIs will not be recognised. Any bonus based on such metrics is forfeited. Amounts already paid may be recovered or set off against future claims. Where a higher commission level was obtained through false metrics, FourByte may retroactively correct the commission to the level actually achieved.

7. ATTRIBUTION AND VALIDITY OF REFERRALS

A referral is valid only if it is technically recorded through a properly used Referral Link or a code expressly accepted by FourByte and is attributed in the Affiliate Dashboard.

Unless the Dashboard states otherwise, a 60-day attribution window and the "Last Eligible Click" model apply. No manual attribution is owed if the user deletes or blocks cookies, changes device, browser, domain, region or account, or the tracking is not captured in time.

FourByte may manually attribute a referral as a gesture of goodwill in an individual case. Such a goodwill decision does not create a right in any other or future case.

A Referred Customer must be a genuine new customer. Existing customers, former paying customers within the lockout period shown in the Dashboard, active leads in a sales or partner process, test or employee accounts, businesses affiliated with the Affiliate, and customers for whom another partner is already entitled to compensation do not qualify.

If there are competing attributions, multiple links or parallel partner programs, FourByte will decide based on the technical data, the timing and the actual contribution to the conversion. No more than one compensation payment will be made for the same transaction.

8. REVIEW PERIOD, APPROVAL AND PAYMENT

Commissions and Program Credit are initially provisional. FourByte may apply a review and chargeback period of up to 60 days after the relevant payment is received.

Cash-payable commissions are generally paid monthly after the review period, provided that the minimum payment amount of EUR 100 has been reached. Lower amounts are carried forward to the next payment period. Different periods and minimum amounts may be displayed in the Dashboard.

Payment requires complete identity, tax, invoicing and payment information. The Affiliate is responsible for the accuracy of its information, for issuing any required invoice or validly participating in an agreed self-billing procedure, and for all taxes and charges applicable to the Affiliate.

FourByte may withhold payments until a reasonable review has been completed where there is a substantiated suspicion of fraud, unresolved compliance issues, chargeback risk, sanctions or anti-money-laundering checks, or incomplete information.

Refunds, chargebacks, cancellations, credits, payment errors, uncollectible amounts and referrals later identified as invalid will be deducted from open or future commissions. A negative balance may be offset against later commissions. In the event of fraud or overpayment, FourByte may demand repayment.

Objections to a statement must be submitted in text form within 30 days after it is made available in the Dashboard and must include specific transaction details. Mandatory statutory rights remain unaffected.

9. GENERAL OBLIGATIONS OF THE AFFILIATE

The Affiliate must:

  • make only truthful, supportable and current statements about FourByte products;
  • make clear that the Affiliate acts independently and is neither an employee nor an official representative of FourByte;
  • provide, upon request and within five business days, all placements, links, screenshots, advertisements and relevant campaign data used;
  • comply with all applicable advertising, competition, data protection, consumer, platform, tax, export-control and sanctions laws and rules;
  • promptly correct or remove advertising material if FourByte identifies a specific legal, trademark or misleading-content issue;
  • be responsible for employees, agencies, virtual assistants, freelancers and approved sub-affiliates as for the Affiliate's own conduct; and
  • retain records of campaigns, traffic sources and evidence of consent for at least 24 months.

10. ADVERTISING DISCLOSURE AND LAWFUL OUTREACH

Affiliate content must clearly and prominently disclose its commercial nature before or immediately next to the Referral Link. Depending on the country and medium, clear wording such as "Advertisement", "Ad", "Affiliate Link" or "I receive a commission if you purchase" must be used.

Disclosures hidden in hashtag blocks, profile pages, general disclaimer pages or placed only after the Referral Link are insufficient where the commercial purpose is not already clearly apparent.

Email, SMS, messenger, telephone and direct-message marketing is permitted only with all required consents and mandatory information. Purchased lists, automated mass messages, scraping of contact details and spam are prohibited.

The Affiliate may not use artificial urgency, false discounts, non-existent coupons, guaranteed profits, guaranteed Amazon success or any other unsubstantiated performance or income claims.

11. PROHIBITED METHODS AND AFFILIATE FRAUD

Any manipulation of tracking, attribution, traffic, accounts, trials, payments or metrics is prohibited. Prohibited conduct includes in particular:

  • self-referrals and referrals to the Affiliate's own businesses, economically connected businesses, nominees, employees or contractors where the main purpose is to obtain compensation;
  • multiple accounts, trial cycling, or changing email addresses, payment methods, devices or business details to circumvent new-customer or trial rules;
  • bots, click farms, fake leads, purchased sign-ups, stolen payment data, test purchases, coordinated refunds or artificial chargebacks;
  • cookie stuffing, click injection, forced clicks, pop-ups, pop-unders, invisible iFrames, adware, malware, toolbars, browser extensions or scripts that trigger tracking without a deliberate user action;
  • masking or falsifying referrer, device, location or campaign data, cloaking and misleading redirects;
  • incentivised traffic, cashback, passing on or sharing commissions, prize draws, vouchers or other purchase incentives without prior written approval;
  • coupon, deal or download sites and sub-affiliate networks without prior written approval;
  • automated scraping, crawling, reverse engineering or bulk export of data from ProfitPath, ProfitGo, the Affiliate Dashboard or non-public interfaces, including AI agents and automations that extract data, bypass protective measures or manipulate tracking;
  • false reviews, testimonials, screenshots, revenue or profit evidence, and purchased or manipulated social-media metrics; and
  • any other method that circumvents the purpose of the Program or causes FourByte to pay compensation that would not have arisen without the manipulation.

12. PAID ADS, DOMAINS, SOCIAL HANDLES AND SEARCH ENGINE MARKETING

Without prior written approval, the Affiliate may not direct paid advertisements to ProfitPath, ProfitGo or any other FourByte page.

Bidding on brand terms, misspellings or combinations with purchase-intent terms is prohibited. This includes in particular "ProfitPath", "ProfitGo", "ProfitDesk", "FourByte" and confusingly similar variations. The Affiliate must use negative keywords where reasonably necessary to prevent brand bidding.

The Affiliate may not register or use domains, subdomains, app names, social-media handles, advertising accounts or display URLs that contain FourByte trademarks or create the impression of an official FourByte presence.

Comparison and competitor content is permitted if it is factual, current, fair and not misleading. The Affiliate may not present itself as FourByte, official support, official sales or an exclusive representative.

13. TRADEMARKS, CONTENT AND BRAND SAFETY

For the duration of participation, FourByte grants the Affiliate a revocable, non-exclusive, non-transferable and non-sublicensable licence to use approved trademarks and promotional materials solely for the lawful promotion of eligible products.

Logos, colours, screenshots and text may not be modified in a way that is misleading, low-quality or damaging to the brand. FourByte may require specific material to be changed or removed at any time.

Content or placements are prohibited if they are unlawful, fraudulent, discriminatory, hateful, harassing, pornographic, glorify violence, are extremist, damage reputation, or are connected with illegal products or services.

Factual criticism and honest reviews do not constitute a breach merely because they are negative. Knowingly false statements of fact, manipulated presentations, threats, targeted reputational harm or use of the affiliate relationship as leverage are prohibited. Independently of this rule, FourByte may terminate the Standard Program for convenience under Section 18 if the relationship no longer fits FourByte's brand or business strategy.

14. NO AUTHORITY AND INDEPENDENT BUSINESS

The Affiliate acts as an independent business. Participation does not create an employment relationship, partnership, joint venture, franchise, brokerage, commercial agency or any other representative relationship.

The Affiliate may not enter into contracts in FourByte's name, negotiate prices or contractual terms with binding effect, make commitments, collect customer funds or otherwise legally bind FourByte.

Standard Affiliates are not required to refer a minimum number of customers, comply with specific working hours, cover a particular territory or conduct marketing on an ongoing basis. They generally decide whether, when and through which approved channels they advertise. Individual Exclusive Affiliate agreements may contain different marketing deliverables.

The actual legal classification of the relationship is determined by mandatory law and how the relationship is carried out in practice. This Section does not exclude mandatory claims, including any claim arising under commercial agency law.

15. DATA PROTECTION, COOKIES AND CONFIDENTIAL INFORMATION

Each party generally processes personal data under its own data-protection responsibility unless a different allocation of roles is agreed in writing. The Affiliate may collect, use and transfer personal data to FourByte only lawfully. Information on how FourByte processes personal data in connection with the program, in particular via the Affiliate Dashboard (FirstPromoter), can be found in our Privacy Policy.

The Affiliate's own websites, landing pages, newsletters and tracking technologies must include complete privacy notices, all required consents, and effective opt-out or withdrawal options. Non-essential cookies, pixels and similar access to end-user devices may only be used where the required consent has been obtained.

Non-public product, customer, pricing, roadmap, commission, contract and business information relating to FourByte must be treated as confidential and used only for the performance of the relationship.

The confidentiality obligation continues after participation ends for as long as the information has not lawfully become public.

16. MONITORING, INVESTIGATION AND AUDIT

FourByte may review traffic, conversion rates, payment data, refund patterns, device and account connections, placements and publicly available affiliate content to the extent necessary for Program administration, fraud prevention and legal defence.

Where there is a specific suspicion, FourByte may request additional evidence, provisionally withhold commissions, disable Referral Links, pause campaigns and restrict account use. The investigation will be carried out within a reasonable period.

The Affiliate must cooperate to a reasonable extent and provide requested evidence. Refusing material information or deleting relevant data after notice of an investigation may be treated as a material breach.

If the suspicion proves unfounded, lawfully earned and due commissions will be paid after the investigation is completed. Further statutory rights remain unaffected.

17. CHANGES TO THE PROGRAM AND THESE TERMS

FourByte may change products, campaigns, attribution rules, review periods, commission rates and these Program Terms for an objective reason, including changes relating to products, markets, law, tax, fraud, platforms or the business model.

Material changes will generally be announced by email, through the Dashboard or in a comparable text form at least 30 days before they take effect. Urgent changes required for legal compliance, security or fraud prevention may take effect on shorter notice or immediately where necessary and reasonable.

Changes to commission rates generally apply only to new referrals after the effective date unless the campaign description clearly states otherwise. Commissions and Program Credit that have already been finally approved will not be reduced retroactively.

A participant who objects to a material change may end participation before the change takes effect. Continued participation after the effective date constitutes acceptance to the extent legally permitted.

18. TERM, SUSPENSION AND TERMINATION

The Standard Affiliate relationship continues for an indefinite period. Either party may terminate it without giving a reason by providing 14 days' notice in text form.

FourByte may immediately and provisionally suspend Referral Links, Dashboard access and payments if there are specific indications of fraud, legal violations, security risks, trademark misuse or a material risk to FourByte, customers or platforms.

FourByte may terminate the relationship without notice for Good Cause. Good Cause includes in particular affiliate fraud, false KPIs, serious or repeated advertising or data-protection violations, brand bidding, falsified identity or tax information, scraping or automation that circumvents safeguards, reputational harm caused by knowingly false statements, breach of exclusivity, failure to comply with a justified cease-and-desist or correction request, or another material breach.

For a remediable breach, FourByte may provide a reasonable cure period before termination. No cure period is required where the breach is intentional, fraudulent, not remediable or sufficiently serious to make continued cooperation unreasonable.

Exclusive or fixed-term campaigns end and may be terminated for convenience as stated in the individual agreement. The right to terminate for Good Cause remains unaffected.

19. EFFECTS OF TERMINATION

When termination takes effect, the right to use Referral Links, trademarks, promotional materials and the designation of Affiliate or partner ends. Related content must be removed or adjusted without undue delay.

If FourByte terminates the Standard Program without Good Cause, commission remains payable on Qualified Payments actually received by FourByte during the 30 days following the effective termination date, provided those payments arise from referrals validly attributed before termination. No further commission accrues after that period.

If the Affiliate terminates without Good Cause, or FourByte terminates for Good Cause, no new or recurring commission accrues after the effective termination date. Finally approved, undisputed commissions that are not connected with the breach remain payable after set-off of any outstanding counterclaims.

Commissions, Program Credit or bonuses generated through or connected with fraud, manipulation, legal violations or any other prohibited method are forfeited. FourByte may cancel, recover and set off those amounts against outstanding payments.

The provisions relating to confidentiality, data protection, taxes, recoveries, liability, indemnification, audit rights, dispute resolution and any other provisions that by their nature are intended to survive remain effective after termination.

20. PROGRAM WARRANTY AND AVAILABILITY

The Affiliate Dashboard, tracking and reporting are provided as available. FourByte does not guarantee uninterrupted or error-free availability, any particular conversion rate or any particular level of earnings.

FourByte is not liable merely because tracking is prevented or delayed by browsers, consent settings, ad blockers, platforms, payment providers or third-party software. Obvious billing errors attributable to FourByte will be corrected after a reasonable review.

21. LIABILITY

FourByte has unlimited liability for intent and gross negligence, for culpable injury to life, body or health, under the German Product Liability Act, and to the extent of any expressly assumed guarantee.

For a slightly negligent breach of a material contractual obligation, liability is limited to the damage that was foreseeable and typical for this type of contract at the time the contract was entered into. A material contractual obligation is an obligation whose performance is essential for the proper performance of the contract and on whose performance the participant may normally rely.

In all other respects, FourByte's liability for slight negligence is excluded. To the extent permitted by law, FourByte is not liable for indirect damage, loss of profit, loss of business opportunity or loss of data unless one of the unlimited liability cases above applies.

These limitations also apply for the benefit of FourByte's corporate bodies, employees, representatives and agents.

22. INDEMNIFICATION

The Affiliate shall indemnify FourByte against justified third-party claims, regulatory measures, costs and reasonable legal defence expenses to the extent they result from a culpable breach by the Affiliate or its agents of these Program Terms, applicable law, third-party rights or advertising requirements.

FourByte will inform the Affiliate of the claim and allow the Affiliate to participate in the defence to a reasonable extent. Any settlement that imposes an obligation on FourByte or contains an acknowledgement of liability by FourByte requires FourByte's prior approval.

23. ASSIGNMENT, SET-OFF AND TRANSFER

The Affiliate may transfer or assign rights or obligations under the Program only with FourByte's prior written approval. FourByte may transfer the agreement to an affiliated company or legal successor as part of a corporate, group or asset transaction.

The Affiliate may set off claims only if they are undisputed or have been finally established by a court. Statutory rights of retention remain unaffected.

24. GOVERNING LAW AND JURISDICTION

The laws of the Federal Republic of Germany apply, excluding the United Nations Convention on Contracts for the International Sale of Goods.

If the participant is a merchant, a legal entity under public law, a special fund under public law, or has no general place of jurisdiction in Germany, the registered office of FourByte is the exclusive place of jurisdiction for all disputes arising from or in connection with the Program. FourByte may also bring proceedings at the participant's general place of jurisdiction.

Mandatory international consumer-protection or jurisdiction rules remain unaffected. However, the commission-paying Affiliate Program is intended exclusively for businesses and self-employed professionals.

25. FINAL PROVISIONS

Side agreements and amendments to individual agreements require at least text form unless a stricter form is required by law. Email and documented acceptance in the Affiliate Dashboard satisfy the text-form requirement.

If any provision is or becomes wholly or partly invalid, the remaining provisions remain effective. The applicable statutory rule replaces the invalid provision. Section 306 of the German Civil Code remains unaffected.

A failure to enforce a right in an individual case does not constitute a continuing waiver of that or any other right. Headings are for convenience only.

26. LANGUAGE VERSIONS

These Program Terms may be made available in German, English, and other languages. The German version is the legally controlling version. The other language versions are provided for convenience. In the event of any discrepancy or difference in interpretation, the German version prevails.

Affiliate & Referral Program Terms | Legal | ProfitPath