Terms and Conditions

Terms and Conditions – Ambassador Program

Effective date: 18 September 2025

1. Introduction and Agreement

This Affiliate Agreement (“Agreement”) governs participation in the LoveJolly Ambassador Program operated by Pixta Commerce OÜ (“Advertiser”).

• Legal Entity: Pixta Commerce OÜ
• Registry Code: 17192794
• Legal Form: Private limited company
• Registered Address: Tuukri tn 19-202, Kesklinna linnaosa, 10120 Tallinn, Harju maakond, Estonia
• VAT Number: EE102837922
• Contact Email: help@pixtacommerce.ee
• Brand / Website: LoveJolly/LoveJolly.eu, operating at https://lovejolly.eu

By applying to and participating in this program, you (“Affiliate”, “you”) accept and agree to be legally bound by these terms.

2. Definitions

• Affiliate Platform(s): Any online media used by the Affiliate for promotional activities, including but not limited to websites, blogs, social media profiles, video channels, or subscription-based content channels.
• Promotional Content: Any content created by the Affiliate that features, reviews, or links to Advertiser’s products or website (lovejolly.eu).
• Prohibited Content: Content described in Section 6.
• Personal Data: Information relating to an identified or identifiable natural person, as defined by the GDPR.
• GDPR: Regulation (EU) 2016/679.
• DSA: Regulation (EU) 2022/2065 (Digital Services Act).
• UCPD: Directive 2005/29/EC (Unfair Commercial Practices Directive).

3. Affiliate Obligations and Professional Conduct

• You must conduct all business dealings in a professional and transparent manner.
• Affiliate Platforms must not host illegal or non-consensual content.
• You must maintain a neutral or positive reputation; credible public accusations of illegal or unethical conduct are grounds for termination.

4. Compliance with Platform Terms of Service

You represent and warrant that your use of any third-party platform (Instagram, X, TikTok, OnlyFans, etc.) complies with that platform’s terms of service and advertising policies. Any suspension or ban may be deemed a material breach of this Agreement.

5. EU Compliance: Data Protection & Consumer Rights

5.1. GDPR Compliance

• You shall comply fully with the GDPR.
• You must have a lawful basis (e.g. consent) for processing any Personal Data collected.
• You are solely responsible for obtaining, managing, and documenting valid user consent.
• By accepting this Agreement, you agree to be bound by the Advertiser’s Data Processing Agreement (Appendix A).

5.2. Advertising Transparency (UCPD & DSA)

• You must clearly and conspicuously disclose your affiliate relationship.
• Disclosures must be unambiguous (#Ad, #Sponsored, “As an affiliate, I earn from qualifying purchases”, etc.).
• No false, misleading, or aggressive commercial practices.

5.3. Content Targeting (DSA)

• No targeting of individuals under 18 years old.
• No use of sensitive personal data (as defined by GDPR) for targeting.

6. Prohibited Content and Brand Safety

You may not place Advertiser’s materials on any platform or content associated with:

• Non-consensual or child-related content.
• Extreme violence, hate speech, or trafficking.
• Illegal content under EU or international law.
• Platforms primarily hosting unverified, high-risk user-generated content without robust moderation.

7. Commission and Payment Terms

• Commission: Affiliate earns a commission based on the net sales price of qualifying purchases made through their affiliate links. “Net sales price” excludes VAT, shipping, handling, discounts, refunds, chargebacks, and fraudulent or self-generated transactions. The exact commission percentage applicable to the Affiliate shall be determined by the Advertiser and communicated to the Affiliate in writing (including electronic communication). The current commission rate applicable to the Affiliate can also be viewed in their affiliate account/portal. 
• Payment Threshold: Minimum payout is €25.
• Payment Schedule: Commissions are calculated monthly and paid within 30 days of the end of the month, provided the threshold is reached.
• Exclusions: No commissions on orders:
  • made by the Affiliate, their household, or employees,
  • generated through unauthorized coupon use, or
  • refunded, cancelled, fraudulent, or disputed. 
• Currency & Fees: Payments are made in EUR. Affiliates are responsible for their own banking/PayPal fees and local taxes.

8. Representations and Warranties

By joining, you represent and warrant that:

• You comply with all applicable laws, including GDPR, DSA, UCPD, and platform rules.
• You have obtained any required consent from individuals featured in your content.
• All information provided to Advertiser is accurate and complete.

9. Advertiser’s Right to Audit and Monitor

Advertiser (Pixta Commerce OÜ) may, at any time and without notice:

• Monitor Affiliate Platforms for compliance.
• Request evidence of disclosures, consent records, and GDPR compliance. Affiliate must provide such records within 7 days.

10. Indemnification

Affiliate agrees to indemnify and hold harmless Advertiser from any claims, liabilities, damages, fines, or expenses (including legal fees) arising from:

• Breach of this Agreement.
• GDPR or data protection violations.
• Third-party platform claims related to Affiliate’s actions.

11. Limitation of Liability

• Advertiser does not guarantee any level of traffic, sales, or revenue.
• Advertiser’s total liability under this Agreement is capped at the total commissions paid to Affiliate in the six (6) months preceding a claim.
• Advertiser is not liable for indirect, incidental, or consequential damages, including lost profits, reputation, or data.

12. Taxes and Status of Parties

• Affiliate is an independent contractor. Nothing in this Agreement creates an employment, partnership, or agency relationship.
• Affiliate is solely responsible for declaring and paying all applicable taxes, VAT, and social contributions in their jurisdiction.

13. Term and Termination

• This Agreement begins on the date of Affiliate’s acceptance and continues until terminated.
• Advertiser may terminate:
  • For Cause: Immediately, without notice, if Affiliate breaches this Agreement. In such cases, unpaid commissions may be forfeited.
  • For Convenience: At any time with 14 days’ written notice. 
• Sections 8 to 12 survive termination.

14. Governing Law and Dispute Resolution

• This Agreement is governed by Estonian law.
• Disputes shall be subject to the exclusive jurisdiction of the courts of Estonia.
• At Advertiser’s option, disputes may first be referred to binding arbitration seated in Tallinn, Estonia.