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. 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. The total commission shown in the tool is preliminary.
    4. 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.

    5. Payments will only be made once the total commission has reached SEK 1000. The payment is made after receipt of payments from Advertisers.
    6. Payment is made on the 25th of the following month.
    7. 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 12 months.
    8. 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.
    9. 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. 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.
  9. 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.