Flashy Partner Program Terms of Use

Welcome to Flashy Partner Program. Your participation in the Partner Program is governed by this Partner Agreement, as well as our Terms of Use,
Privacy Policy and Cookies Policy ("Flashy Terms").


PLEASE READ FLASHY TERMS CAREFULLY BEFORE APPLYING TO THE PARTNER PROGRAM. BY APPLYING TO THE PARTNER PROGRAM, YOU REPRESENT THAT (1) YOU ARE AUTHORIZED TO ACT AND ACCEPT THE FLASHY TERMS ON BEHALF OF THE PARTNER YOU REPRESENT; AND (2) YOU HAVE READ, UNDERSTAND AND AGREE TO FLASHY TERMS, INCLUDING THIS PARTNER AGREEMENT.

  • TERMINOLOGY AND INTERPRETATION
      1. In case of any contradiction between the provisions and/or terms of this Partner Agreement and Flashy Terms of Use and unless explicitly stated otherwise, this Partner Agreement shall prevail.
      2. The following terminology applies to this Partner Agreement:

        1. "Partner" or “You” – you, a person or company whose primary business is providing digital services (such as website development, online marketing, counseling etc.), who has applied to and has been accepted by Flashy to the Partner Program.
        2. "Partner Program" – the program defined in this Partner Agreement.
        3. "Referral Link" – a unique trackable link to Flashy website provided by Flashy to the Partner for the purpose of associating customers that were referred to Flashy with the Partner who referred them.
        4. "Flashy Plans" - any of the paid plans of Flashy services offered in Flashy website:
          https://flashy.app/pricing/
        5. "Referred Customer" – a customer that was referred by the Partner to Flashy through a Referral Link, and purchased a subscription to any of the Flashy Plans during the same session that was initiated when the customer clicked the Referral Link. For the avoidance of doubt, a customer that purchased a subscription that is not associated with a Referral Link will not be considered a Referred Customer.
        6. "Active Partner" – a Partner that brought in a Referred Customer who purchased a subscription to any of Flashy Plans during the last 12 months.
        7. "Inactive Partner" – a Partner who is not an Active Partner.
      3. Flashy may, at any time, change, edit, revise or update this Partner Agreement, without obtaining your consent and without giving a prior notice. You are encouraged to periodically visit this page to review the most current Partner Agreement. If you do not agree to this Partner Agreement, please do not apply to the Partner Program.
  • JOINING THE PARTNER PROGRAM
      1. You may apply to join the Partner Program by filing an application through Flashy website in accordance with the guidelines provided therein. We may change the application requirements from time to time without prior notice.
      2. Flashy will attempt to respond to your application and notify you if you have been accepted to the Partner Program, however, Flashy cannot guarantee it will be able to respond to all applications. Flashy has full discretion as to whether to accept any application, and it may refuse your application without providing any explanation or request additional details or materials from you before deciding whether to accept your application.
      3. When accepted to the Partner Program you will be requested to open a Partner Account in Flashy website and you will be provided with a Referral Link for your exclusive use. You may not transfer or share the Referral Link, login details to your Partner Account or any information you receive from us in connection with the Partner Program with any third party. You may not use the Referral Link and Partner Account for any purpose other than for the purpose of the Partner Program.
      4. Flashy may decide at any time to cancel the Partner Program or change the terms of this Partner Agreement at its own discretion and for any reason without giving you a prior notice. Such change or cancellation shall not affect any commissions you were entitled to until the change, removal or cancellation takes effect. Flashy will attempt to notify you of any change in the terms of this Partner Program, but it cannot guarantee it will be able to do so. You are encouraged to periodically review this Partner Agreement.
      5. Flashy may temporarily or permanently remove you from the Partner Program at any time for any reason by sending you a written notice. You may leave the Partner Program at any time for any reason by sending a notice to Flashy. As soon as you leave the Partner Program you are no longer allowed to use the Referral Link or the Partner Account, and are no longer entitled to receive any commissions from Flashy.
      6. Flashy may include the name, logo, description and/or testimonial of the Partner in Flashy website or in any advertising or marketing material pertaining to Flashy or its Partner Program.
      7. Flashy may change the pricing, structure and/or terms of any of the Flashy Plans at any time without providing you a prior notice.
  • PARTNER MONTHLY COMMISSIONS
      1. An Active Partner is entitled to a Monthly Commission defined below from the monthly subscription fees for Flashy Plans paid to Flashy by Referred Customers that were referred by such Active Partner.
      2. An Inactive Partner will not be entitled to a Monthly Commission as long as it remains an Inactive Partner. An Active Partner that was previously an Inactive Partner will not be entitled to retroactive payment of commissions from payments made to Flashy by Referred Customers during the months said Active Partner was an Inactive Partner.
      3. The Partner will not be entitled to any commission or any other benefit due to any payment made by a Referred Customer to Flashy for any products or services offered by Flashy separately from or in addition to the Flashy Plans.
      4. The Partner will not be entitled to any commission from any purchase of subscription of Flashy Plans that is not trackable to the Partner via the Referral Link, even if the customer that has purchased such a subscription has previously used the Referral Link to access Flashy website.
      5. The Partner will not be entitled to any commission from payments made by a Referred Customer, if such Referred Customer was already a customer of Flashy before being referred to Flashy website by the Partner.
      6. The Partner will not be entitled to any commissions, payments or benefits from Flashy other than those explicitly stated herein.
      7. The Monthly Commission paid to an Active Partner shall be calculated based on the total amount of monthly subscription fees paid by Referred Customers to Flashy during the calendar month for which the Monthly Commission is paid ("Total Monthly Revenue"), as follows:

        1. An Active Partner whose Referred Customers generated a Total Monthly Revenue of up to 5,000 USD during the month for which the Monthly Commission is paid will be paid a Monthly Commission of 10% of the Total Monthly Revenue.
        2. An Active Partner whose Referred Customers generated a Total Monthly Revenue of over 5,000 USD during the month for which the Monthly Commission is paid will be paid a Monthly Commission of 15% of the Total Monthly Revenue.
      8. The Total Monthly Revenue based on which the Monthly Commission is calculated will not include any amount paid by Referred Customers that were referred to Flashy by the Partner before the last time the Partner has become an Active Partner, and/or by any Referred Customers that were referred to Flashy by the Partner 12 months or more before the payment of the Monthly Commission.
      9. The Monthly Commission shall be paid within 30 days from the end of the calendar month for which the Monthly Commission is paid.
      10. Monthly Commissions will be paid to your Partner Account hosted in Flashy website. You may withdraw any funds from your Partner Account only if your account balance reaches 500 USD or more.
      11. You may delay the withdrawal of funds accumulated in your Partner Account for a maximum duration of six months from the date the Monthly Commission with such funds was transferred to your Partner Account. However, Flashy may require you to withdraw all funds from your Partner Account at any time before that for any reason. You acknowledge that by failing to withdraw the funds accumulated in your Partner Account within said period of six months, or refusing to withdraw said funds after being required to do so by Flashy, may result in loss of the funds accumulated in your Partner Account.
      12. For any withdrawal from your Partner Account, 4% of the withdrawn amount will be charged for covering bank and payment service provider fees for said withdrawal.
      13. You are required to provide Flashy with a tax invoice for any amount you withdraw from your Partner Account within 48 hours from requesting such withdrawal in accordance with the law. You acknowledge that your failure to comply with this requirement may result in freezing or cancellation of your Partner Account, including your access to withdraw funds therefrom.
      14. Your Monthly Commissions include the respective part of V.A.T paid by Referred Customers to Flashy for the Flashy Plans. If you are exempted from payment of V.A.T. for your income, the V.A.T. will be deduced from your Monthly Commissions in accordance with the law.
      15. The Partner will not be entitled to any commission for any payment of any Referred Customer that was cancelled or refunded for any reason. If a payment made by Referred Customer is cancelled or refunded after the Monthly Commission due for such payment was already paid to you, Flashy may deduct an amount equal to such commission from your Partner Account balance or from any future Monthly Commission you will be paid.
  • PARTNER UNDERTAKINGS
      1. You hereby represent that all information you provide to Flashy when applying to the Partner Program and thereafter are truthful and accurate, and that you did not and will not hide any information that may affect Flashy’s decision whether to accept you to the Partner Program.
      2. You hereby represent that your participation in the Partner Program and any action you take as a part thereof complies with the Partner Agreement, our Terms of Use, Privacy Policy, Cookies Policy, the EU General Data Protection Regulation (GDPR) and any other applicable laws.
      3. You hereby represent and warrant that as part of your participation in the Partner Program, you or anyone acting in your behalf will not:

        1. Share the Referral Link, Partner Account login details and any information about the Partner Account with any third party;
        2. Publish or post any content or act in any other way that may harm the reputation of Flashy, its products, services or its Partner Program;
        3. Act in any way that may cause any damage to Flashy or interrupt the operation of its products or services;
        4. Present yourself or the Partner as an employee, director, shareholder, agent or any other type of representative of Flashy;
        5. Engage in any illegal, misleading, deceptive, or unethical trade activity;
        6. Make any false or inaccurate representations about Flashy, its products or services;
        7. Harass, threaten, abuse, defame or violate in any other way the legal rights of others;
        8. Send, upload, publish, post, or collect any material that is defamatory, indecent, violent, harmful, pornographic, racist, inciting, inappropriate or unlawful;
        9. Forge, manipulate or otherwise disguise the origin of any content you post, send or publish or improperly assume or claim the identity, characteristics or qualifications of another person or company;
        10. Sell, license, sub-license, lease, assign, transfer, pledge, or share any of your obligations, responsibilities or benefits under this Partner Agreement with any third party;
        11. Send, upload, publish, post, or collect any material that may infringe any of Flashy's rights, including but not limited to, intellectual property rights such as trademarks, copyrights, trade secrets, designs, patents, patent applications or any other proprietary rights.
        12. Send, upload, publish, post, or collect any material that may infringe any third party's rights, including but not limited to privacy rights and intellectual property rights;
        13. Send unsolicited bulk email messages.
  • INDEMNIFICATION

    • You agree to defend, indemnify and hold Flashy unaccountable, as well as its partners and affiliates, together with their respective employees, agents, directors, officers and shareholders, against all liabilities, claims, damages and or expenses, notwithstanding attorney fees and costs, arising from the breach or alleged breach of this Partner Agreement by you or anyone acting on behalf of the Partner.

  • CONFIDENTIALITY
      1. "Confidential Information" includes any information or data, including, but not limited to, business data, customers lists, personal information, source and API codes, research and development data, marketing and sales information, pricing information, plans, know-how, trade secrets, and techniques, which will be or has been disclosed to each party by the other party, except information that was a) publicly known at the time of disclosure or subsequently becomes publicly known through no fault of the Receiving Party; (b) discovered or created by the Receiving Party before disclosure by disclosing Party; (c) learned by the Receiving Party through legitimate means other than from the Disclosing Party or Disclosing Party's representatives; or (d) is disclosed by Receiving Party with Disclosing Party's prior written approval..
      2. The Parties agree and undertake to keep any Confidential Information confidential, and shall not, now or hereafter, disclose the Confidential Information to any third party, without a written authorization of the disclosing party, except:

        1. to any governmental body having jurisdiction and authority to compel disclosure thereof; or as otherwise may be required by law or legal process; or
        2. in confidence to legal counsels, accountants, banks and financing sources and their advisors.
  • INTELLECTUAL PROPERTY
      1. "Intellectual Property Rights" includes any national or international, registered or unregistered rights, including but not limited to its: (a) patents, patent applications and patent rights; (b) works of authorship, including, without limitation, photography, digital arts, logos and designs, copyrights, trademarks or industrial designs; (c) trade secrets and confidential information; (d) any other proprietary rights relating to intangible property; (e) divisions, continuations, renewals, reissues and extensions of the foregoing (as applicable) now existing or hereafter filed, issued, or acquired, and. And (f) All designs, texts, illustrations, implementations, source codes or any other content and/or material, visible or hidden, in the Services.
      2. All Intellectual Property Rights (hereinafter defined) evidenced by and/or embodied in and/or attached and/or connected to and/or related to the Services ("Flashy IPR"), are and shall be owned exclusively by Flashy and/or CboxAgency, its founders, or licensors.
      3. Flashy IPR are protected by Copyright and other Intellectual Property laws and international conventions and are in accordance with and subject to the applicable law and jurisdiction as defined below.
      4. You are strictly prohibited from transferring and/or using any of Flashy IPR for any purpose other than explicitly specified in these Terms of Use, unless receiving Flashy's prior written consent.
      5. Any code provided to You by Flashy for implementation in Your Website ("Flashy Code") is part of Flashy IPR, and provided to You under a non-transferable time limited license. You are allowed to use Flashy Code only in Your Website and only for the duration of the license you receive from Flashy. You not allowed to transfer any part of Flashy Code to any third party without receiving Flashy's prior written consent.
  • DISCLAIMERS


    • IN NO EVENT WILL FLASHY BE LIABLE TO YOU OR ANYONE ON BEHALF OF THE PARTNER FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES, EXPENSES OR LOSSES ARISING OUT OF OR RELATED TO THIS PARTNER AGREEMENT, REGARDLESS OF WHETHER SUCH LIABILITY IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY, OR OTHERWISE. IN NO EVENT WILL FLASHY’S MAXIMUM AGGREGATE LIABILITY FOR ANY CLAIMS ARISING IN CONNECTION WITH THIS AGREEMENT EXCEED THE TOTAL AMOUNT ACTUALLY PAID TO THE PARTNER UNDER THIS AGREEMENT.

  • VIOLATIONS


    • In case You or anyone on behalf of the Partner breaches any of the terms of this Partner Agreement, our Terms of Use or the Privacy Policy, or violate any applicable law as part of your participation in the Partner Program, Flashy shall be entitled and reserves the right to, immediately or any time thereafter, remove you from the Partner Program, suspend or terminate your Partner Account, preclude you from receiving any commissions you otherwise entitled to, and freeze or confiscate any funds you have in your Partner Account balance.

  • MISCELLANEOUS
      1. Waiver. The failure of Flashy to exercise or enforce any right or provision of this Partner Agreement will not constitute a waiver of such right or provision. Any waiver of any provision of this Partner Agreement will be effective only if in writing and signed by Flashy.
      2. Applicable Law and Jurisdiction. This Partner Agreement, unless expressly stated otherwise, governed by the laws of the State of Israel, without regard to the conflict of laws provisions thereof.  The exclusive jurisdiction and venue of any action with respect to these Terms of Use shall be the competent courts residing in Tel-Aviv and Flashy and you hereby submit to the exclusive jurisdiction and venue of such courts for the purpose of any such action.
      3. Severability. If any provision of this Partner Agreement is held to be unlawful, void, or for any reason unenforceable, then that provision will be limited or eliminated from this Partner Agreement to the minimum extent necessary and will not affect the validity and enforceability of any remaining provisions.
      4. Assignment. This Partner Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Flashy without restriction. Any assignment attempted to be made in violation of this Partner Agreement shall be void.
      5. Survival. Upon termination of these Terms and Conditions, any provision which, by its nature or express terms should survive, will survive such termination or expiration, including, but not limited to the following Sections: Intellectual Property, Payments, Disclaimers, Violations, Indemnification and Miscellaneous.
      6. Force Majeure. Flashy shall not be liable for delays or failures resulting from causes beyond its reasonable control, including, but not limited to, communication or utility failures, third party acts and omissions.