Affiliate Program Terms and Conditions

Introduction

Welcome to the Motion Key Affiliate Program (the “Program”). The Program rewards affiliates for referring customers to Motion Key products and services. The Program is operated by:

(“Motion”, “we”, “us”, or “our”), and is run through our affiliate program platform.

By applying for, enrolling in, using any referral link or code, or continuing to participate in the Program, you agree to these Terms and Conditions (the “Terms”). Please read them carefully. If you do not agree, do not participate.

Eligibility

To take part, you must be at least 18 years old and have a valid method of receiving payment. We may approve, reject, suspend, or remove any affiliate or applicant at our sole discretion, and we may ask for additional information before granting or continuing your participation.

How the Program works

• You will receive a unique referral code and/or link to share with potential customers.
• You must use only the referral links and codes we assign to you, and you may not alter, modify, obscure, or tamper with those links, codes, or any tracking parameters.
• You earn commission on qualifying sales that are directly and genuinely attributable to your referral code or link.
• Orders you place yourself, or have someone place for you, do not earn commission.
• You are responsible for making sure your promotion methods comply with all applicable laws and regulations.
• On our written request, you must accurately identify all websites, domains, social media accounts, paid channels, email lists, and other traffic sources through which you use our links, codes, or materials.

Commissions and payments

• Commission rates are set by us and may change. If we lower a rate, we will tell you at least 14 days ahead, and sales already made keep their rate.
• Commission is a percentage of what the customer pays for products in our online store after discounts, as calculated by Shopify Collabs; purchases in the app do not count.
• Commission is earned only once we have received and kept payment from the referred customer. Returned, cancelled, or refunded sales, and chargebacks, lead to the corresponding commission being deducted from your balance.
• Commission is approved 45 days after the order, once returns are settled, and then paid out through Shopify Collabs under its payout rules.
• All commissions are subject to our review and verification. We may delay, withhold, void, reverse, or reclaim any commission linked to fraud, invalid traffic, tracking manipulation, returned or refunded orders, chargebacks, or a breach of these Terms. We may withhold commissions while we investigate. If we withhold or reverse a commission for a reason other than a return or refund, we will tell you why.
• If a commission we already paid is later found to be invalid, we may offset it against future commissions or ask you to repay it.
• You are responsible for your own taxes, including any VAT that applies to your commissions, and you confirm that the payment details you give us are correct.
• We process your personal information as an affiliate in line with our Privacy Policy.

What is not allowed

Coupon and deal sites. You may not post, submit, authorise, encourage, or knowingly allow your codes or links to appear on coupon or deal sites (such as Honey or similar platforms). Doing so may lead to immediate removal from the Program and forfeiture of pending commissions.

Paid search and brand bidding. You may not bid on our brand terms or any variation or misspelling of them (including “Motion Key”, “Motion Key app”, “motionkeyapp”, and similar), and you may not direct-link from paid search ads to our website or landing pages, or pass Google Click Identifier (“gclid”) or similar parameters on paid-search traffic directed to us.

Tracking manipulation. You may not manipulate, spoof, inject, overwrite, mask, or interfere with any tracking link, code, cookie, pixel, click identifier, conversion event, referrer, or URL parameter. This includes, without limitation, cookie stuffing, forced clicks, hidden frames or iframes, link cloaking, fake redirects, last-click hijacking, and unauthorised retargeting.

Bots, fake conversions, and invalid traffic. All referrals must come from genuine, voluntary actions by real, intended human customers. You may not use bots, scripts, automated tools, click farms, paid-to-click services, fake accounts or leads, undisclosed incentivised clicks, forced redirects, malware, or any other artificial or deceptive method to generate clicks, leads, conversions, or commissions.

We may void, reverse, or reclaim any commission arising from prohibited conduct, and suspend or remove you from the Program.

Marketing claims

You may make only truthful, accurate, and substantiated claims about Motion Key and its products, consistent with our current website, product pages, approved materials, and our written instructions. You may not misstate or misrepresent your relationship with us. Only talk about your own experience with Motion Key if you have really used it, and do not say it treats or cures a medical condition such as insomnia.

Disclosure of your affiliate relationship

Wherever you promote Motion Key, use or publish a referral link or code, review our products, or make any endorsement that could earn you compensation, you must clearly and conspicuously disclose your affiliate relationship, in a place consumers will see before they click or buy, not hidden in a footer, terms page, small print, link label, or behind a “more” link. In a video or podcast, also say it in the video or audio itself. An acceptable example: “Ad: I’m a Motion Key affiliate and may earn a commission if you buy through my link or with my code.” Clear disclosure is required by advertising and consumer-protection rules, including the US FTC guidelines and EU rules on identifying advertising.

Data protection

If you process personal data in connection with the Program (for example, an email list you use to promote us), you must comply with applicable data protection law, including the GDPR, and you are responsible as the controller of that data. You may not send unsolicited communications (“spam”).

Intellectual property

“Motion Key”, our logos, and our brand assets belong to us. While you take part, you may use our name, logo and the materials we provide to promote Motion Key, in line with any brand guidelines and without altering our brand assets. When your participation ends, you stop using our branding, promotional materials and referral links or codes in new posts; what you already published may stay online as long as it follows these Terms.

Using your content

When you join, we send you a Motion Key and ask you to make content about it; what you make, and when, is up to you. We often share what partners make, on our own channels and in ads. You always keep ownership of your content; this section explains how we may use it, so you know where you stand.

• What this covers. “Your Content” means the photos, videos, audio, text and other material that promotes or shows Motion Key and that you create or publish before or while you take part in the Program, as well as material you send us for that purpose, such as raw footage. For future content, this covers what you make as a partner in the five years after you last accepted this section and, to the extent the law allows, after that for as long as you take part. Your Content includes your name, username, image, likeness and voice as they appear in that material, and you agree that we may use them for the purposes in this section. We process this personal data in line with our Privacy Policy.
• Licence. You give us a worldwide licence to use, copy, store, publish, distribute, show and adapt Your Content to promote Motion Key: on our website and other places where Motion Key is sold, in our app and app store listings, on our own social media channels, in emails, in print and press material, and in organic posts and paid advertising. The licence is non-exclusive, so you stay free to use and license your content yourself. It lasts as long as the rights in Your Content do, including after your participation ends, and cannot be withdrawn; if you would like us to stop using a particular piece, you can ask (see below). We may grant sublicences, for example to the agencies and editors that work for us and to the advertising platforms on which we run Your Content, on the terms those platforms require, and we may transfer the licence, for example if the business is sold. Ads we have run may stay visible in those platforms’ public ad libraries for as long as the platforms keep them.
• Ads from your account. We will only run ads from your own account or handle (such as Meta partnership ads or TikTok Spark Ads) if you give us permission for that on the platform. You can withdraw that permission there at any time; this does not affect our other rights in this section.
• Edits. We may edit, crop, shorten, re-cut, translate and subtitle Your Content, combine it with other material such as B-roll, music, graphics or a voice-over, use parts of it on their own (including your audio), and remove or replace referral or affiliate links, discount codes, calls-to-action, captions or other promotional elements. We will never use Your Content in a way that is misleading, changes what you meant, or harms your honour or reputation, and we will not use AI or other tools to make you appear to say or do something you did not, unless you give us separate written permission. In return, and to the extent the law allows, you consent to the specific changes listed above, to our using Your Content with or without your name or username, and to our publishing material you sent us but did not publish yourself, and you agree not to rely on your moral rights to object to them.
• Payment. The Motion Key we send you is yours to keep, and you earn commission on sales through your own referral link or code, as described in these Terms. The licence is part of the Program, so unless we agree otherwise in writing, we do not pay extra fees, royalties, usage fees or commissions for using Your Content, including in paid ads. This does not affect any right the law gives you that cannot be excluded by contract. If we use Your Content, we will tell you where and how at least once a year, and whenever you ask.
• Our ads. We are responsible for the ads we create and run with Your Content, including making sure they are identified as advertising and that your connection with us is clear, where the law requires it.
• Other people and music. You confirm that you are entitled to grant this licence, including that anyone who can be recognised in Your Content, or who helped make it, has agreed to it, through a parent or legal guardian for anyone under 18. If Your Content contains material we may not use, such as music licensed only to you or to a social media platform, or a person who has not agreed, we will remove, replace or blur it before we use Your Content, unless we, or the platform we use it on, have a licence for that use.
• Asking us to stop. If you would like us to stop using a particular post, photo or video, for example because it no longer feels like you, email partners@motionkeyapp.com. We will consider every request in good faith, although campaigns that are already running may continue for up to 30 days after your request. If you stop using Motion Key or no longer agree with what you say in Your Content, please tell us: we will then stop using it in ads that present you as a user or share your opinion, as soon as reasonably possible.

Termination

Either of us may end your participation at any time, with or without notice. If your participation ends and you have not breached these Terms, commission on sales made before then is still paid out as usual. We may also, at any time and without prior notice: suspend your participation; deactivate your referral links or codes; block or reject traffic from any source; withhold or delay commissions; ask you to correct or remove, within 48 hours, content that breaches these Terms or our brand guidelines; and permanently bar you from re-joining. We may do so if we suspect or determine fraud, invalid traffic, tracking manipulation, disclosure failures, or any other breach of these Terms.

Monitoring and cooperation

We may monitor affiliate activity, traffic sources, advertisements, content, keywords, referral links, and conversion patterns at any time by lawful means. On our request, you must promptly provide reasonable records and information to help a review, for example ad screenshots, keyword and campaign settings, traffic-source reports, and evidence of where you placed your disclosures. If you do not answer a reasonable request, we may hold your commissions until you do, and remove you from the Program if you keep refusing.

Liability

To the maximum extent permitted by law, we are not liable for indirect, special, or consequential damages, or for lost revenue, profits, or data, arising in connection with the Program. Our total liability to you in connection with the Program will not exceed the total commissions properly earned by and unpaid to you in the 12 months before the event giving rise to the claim. This limit does not apply to claims about our use of Your Content in breach of “Using your content”. We are not liable for interruptions or unavailability of affiliate tools or platforms, tracking failures, cookie deletion or blocking, platform errors, or attribution disputes that are outside our reasonable control. Nothing in these Terms limits or excludes any liability that cannot be limited or excluded by law.

Changes to these Terms

We may update these Terms from time to time. We will tell you about important changes at least 14 days before they take effect, and you can leave the Program at any time; if you keep taking part after a change, you accept it. This does not apply to “Using your content”: that section, and any change to it, applies to you once you have expressly agreed to it, for example when you apply to the Program or accept an invitation to it after being shown these Terms, or by confirming by email or message.

General

• Independent contractor. You take part in the Program as an independent contractor. Nothing in these Terms creates any employment, partnership, joint venture, franchise, or agency relationship between us, and you have no authority to bind us.
• No assignment. You may not assign, transfer, or delegate your rights or obligations under these Terms without our written consent; any attempt to do so is void. We may assign these Terms without restriction.
• No waiver. If we do not enforce a provision on any occasion, that is not a waiver of our right to enforce it later.
• Severability. If any provision is found invalid or unenforceable, it will be limited or severed to the minimum extent necessary, and the remaining provisions stay in full force.
• Governing law and courts. These Terms, and any dispute relating to the Program, are governed by the laws of Belgium, without regard to conflict-of-laws rules. Disputes will be brought before the competent Belgian courts.