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Terms & Conditions

Lebubè Affiliate Program

Last Updated: May 2024

This Affiliate Program Operating Agreement ("Operating Agreement") sets forth the terms and conditions governing participation in the Affiliate Program (the "Program") offered by AllSkins S.r.l. (Tax ID/VAT No. 12653570965), with its registered office in Italy (IT), Milan (MI), at Via Uberto Visconti di Modrone 7, 20122, hereinafter referred to as the "Company". The Company owns and holds the rights to the Lebubè brand, used for the sale of its Products (as defined in Section 3.2), the website, and its related subdomains. The tracking technology and software for the Program are provided by ("GoAffPro").

1. Definitions

1.1 The term "site" refers to a website.


1.2 The term "Company's Site" refers to the website and other related subdomains, owned by the Company.


1.3 The term "Program Site" refers to the website and other related subdomains. The Program Site is owned by GoAffPro and utilizes GoAffPro's technology for Program management.


1.4 The term "Affiliate" refers to the individual or legal entity that has entered into this Operating Agreement with the Company.


1.5 The term "Affiliate's Site" refers to any site(s), social media account(s), software application(s), and any Mobile Application (as defined in Section 5) that the Affiliate links to the Company's Site.


1.6 The term "commissions" refers to the earnings from a completed and verified product sale on the Company's Site by a customer using the Affiliate's referral link.

2. Acceptance of this Operating Agreement

2.1 Upon enrolling in the Program by fully completing the "sign-up" form and checking the box indicating acceptance of this Operating Agreement, or by continuing to participate in the Program following the Company's posting of a notice of modification, update, and/or revision to this Operating Agreement, or updated and/or revised operational documentation on the Company's Site and/or Program Site, the Affiliate (a) commits to and, accordingly, agrees to be bound by this Operating Agreement; (b) acknowledges and agrees to have independently assessed the desirability of participating in the Program and to not rely on any guarantee and/or statement other than as expressly set forth in this Operating Agreement; and (c) hereby warrants that they are legally capable of entering into contracts (e.g., not a minor under the age of 18) and to be and remain in compliance with this Operating Agreement. Furthermore, if this Operating Agreement is accepted by a company or other legal entity, then the person accepting this Operating Agreement on behalf of such company or entity hereby warrants that they are duly qualified, authorized, and legally capable of binding such company or entity to this Operating Agreement.

3. Program Description

3.1 The purpose of the Program is to allow the Affiliate to promote the Products on their site and earn commissions for Qualifying Purchases (as defined in Section 9) made by their end users.


3.2 The term "Products" refers to the tangible personal property presented and offered for sale on the website and other related subdomains, excluding any product that is explicitly defined as excluded from the Program on the Company's Site and/or Program Site (collectively, "Excluded Products"). This category of Excluded Products includes all items within the 'Sets' category.


3.3 To facilitate the promotion of the Products, within the scope of the Program (and thus only specifically within it), the Affiliate will be able to showcase data, images, texts, link formats, widgets, linking tools, and any other information related to the Program made available by the Company on the Program Site ("Content"). The Content specifically excludes any data, image, text, or other information or content related to products offered on any site other than the Company's Site.

4. Affiliate Requirements and Enrolment

4.1 To become an Affiliate in the Program, it is essential that the applicant: a) must be a legal entity (legal person) or an individual with legal capacity (natural person) and at least 18 years of age; and b) their activities must always comply with the applicable laws, ordinances, rules, regulations, and policies of Italy and the European Union, the country, local and foreign jurisdictions, including applicable Data Protection laws, such as the GDPR, digital advertising laws, and specific industry regulations.


4.2 Affiliates, in adherence to the principles of good faith governing the execution of the Program, are required to ensure ongoing strict compliance with the requirements set forth in article 4.1 and to notify us of any changes that may affect, even partially, their eligibility for the Program.


4.3 To initiate the enrolment process, the applicant must submit a complete and accurate Program application form. For legal entities, the company/business name must also be provided. In the application, the applicant must, among other things, accurately identify their site and email address, as well as any other relevant information.


4.4 The Company will assess the applicant's form and notify them of their acceptance or rejection. By completing and submitting the Program application form, the applicant acknowledges having thoroughly read and fully accepted the terms and conditions of this Operating Agreement, assuming all related and consequent responsibilities.


4.5 The Company reserves the right to reject any applicant's form at its discretion and judgment, particularly if their site is deemed unsuitable. For illustrative purposes and not limited to, sites considered unsuitable are those that: (a) promote or contain sexually explicit materials; (b) promote or contain violence or violent materials; (c) promote or contain defamatory and/or libellous materials; (d) promote or contain discrimination or engage in discriminatory practices based on race, sex, religion, nationality, disability, sexual orientation, or age; (e) promote or contain illegal activities; (f) promote or contain harassment or intimidation towards others; (g) include any Lebubè trademarks and/or similar ones likely to cause confusion, any trademarks of other Affiliates in the Company's Program and/or of GoAffPro (and/or a variant or misspelling of a trademark of Lebubè, its Affiliates, or GoAffPro), in any domain name, subdomain name, or any username, group name, or other identifier on any social networking site; or (h) violate copyright, trademark, or other intellectual property rights, even potentially (“danno temuto”).


4.6 Rejection of an application does not preclude the possibility of resubmitting it at a later time.


4.7 In case of subsequent circumstances that undermine and/or affect the suitability of a site, the Company has the right to terminate the current agreements and this Operating Agreement at any time, freely and even by simple informal communication, without any need or obligation to provide a reason, given the express recognition of such right of withdrawal by the Company. For illustrative purposes and not limited to, reasons for considering sites inadequate include: (a) all the reasons listed in article 4.5; (b) spamming using the Affiliate's referral link or coupon code; (c) advertising or false, misleading, and/or deceptive statements that, directly and/or indirectly, could potentially involve the Company; (d) use of technology to potentially divert commissions from other Affiliates in the Program; (e) disclosure of private information about the Company, its Products, or the Program; (f) sharing of private coupons, sales, or promotions with the public; (g) sharing coupon codes or referral links on coupon sites to gain additional sales; (h) use or attempted use of unauthorized coupon codes, codes exclusive to other Affiliates, codes provided in customer-oriented newsletters, or other promotional codes from the Company's marketing efforts not related to the Program; (i) use or attempted use in any form of "cookie stuffing" or "cookie dropping," a deceptive practice used to falsely and illegitimately claim web traffic; (j) use or attempted use of deceptive software or strategies to direct traffic to the Company's Site, such as, but not limited to, Interstitial (full-screen advertising pages that appear before the requested content) Parasiteware™ and Parasitic Marketing (software or strategies that alter tracking cookies, redirect searches to generate pop-ups or modify tracking cookies, load the Company's Site in iframes or hidden links, insert contextual advertising on third-party websites, or remove affiliate banners), Shopping Assistance Applications (applications that interfere with user navigation or present unwanted advertising), automatic installation of Toolbars and Add-ons (automatic installations of toolbars or add-ons on the user's browser), Shopping Wallets (applications that store user payment information without explicit consent), and deceptive Pop-ups and Pop-unders (advertising windows that open in the foreground or background deceptively).


4.8 The applicant must ensure that the information in their Program application and otherwise associated with their account, including their email address and other contact information and the identification of their site, are always complete, accurate, and up-to-date. The Company has the right to send communications and/or notifications related to the Program and this Operating Agreement to the Affiliate's current email address associated with their Program account. Sending an email by the Company to the email address, as communicated by the Affiliate, will imply acquiescence, knowledge, and perfect information.


4.9 The distribution of referral links and coupon codes on multiple sites must be notified to and approved by the Company. The existence of any sites must necessarily and preventively be communicated to the Company for its possible and formal approval.


4.10 Non-compliance with the guidelines presented in this section 4 will result in the immediate loss of effectiveness and/or existence of the Operating Agreement between the parties, with the consequent loss, accepted and recognized by the Affiliate without any exception, ex tunc of the commissions generated in the meantime.

5. Links on the Affiliate's Site

5.1 After receiving confirmation of acceptance into the Program, the Affiliate is authorized to display "Special Links" on their site. To clarify further: Special Links are hyperlinks to the Company's Site that, under the appropriate conditions, can be inserted into the Affiliate's site strictly within and in respect of this Operating Agreement. These Special Links must adhere to the special "tagged" formats provided by the Company and the Program's linking requirements. Special Links allow for the accurate monitoring, tracking, recording, and accumulation of commissions.


5.2 The Affiliate may earn commissions only as described in section 9 (to which reference is made) and only for activities on the Company's Site that occur directly through the Special Links, excluding all else. The Company is released from any obligation to pay any commissions where the links on their site to the Company's Site are not perfectly formatted as Special Links (restricted scope).


5.3 If the Affiliate wishes to include Special Links in a mobile application intended for use on mobile phones, tablets, or other portable devices ("Mobile Application"), it is necessary and essential to indicate the name and link of the application in the Program participation application. The eligibility and other requirements of this section 5 and the following section 22 will apply to Mobile Applications. The Company may optionally evaluate the application for its acceptance or rejection.


5.4 An accepted mobile application will be considered an "Approved Mobile Application" for the purposes of this Operating Agreement. Special Links displayed in such "Approved Mobile Applications" may be served by: (a) the Affiliate API or the Company's API ("Affiliate API"); or (b) the Product Advertising API. Special Links and APIs must necessarily include the Affiliate ID specifically assigned for your Approved Mobile Applications.

6. Program Requirements

6.1 By participating in the Program, the Affiliate agrees to comply with the Program's participation requirements and all pages, attachments, policies, guidelines, and other documents and materials referred to in this Operating Agreement (collectively, "Operational Documentation"). The Affiliate must provide the Company with any information it requires to verify the Affiliate's compliance with this Operating Agreement or any Operational Documentation. Should the Company determine that the Affiliate has not met any requirement or restriction set forth in any Operational Documentation or has otherwise violated this Operating Agreement, the Company may (in addition to any other right or remedy available to it) at its sole discretion: (a) withhold any commissions due to the Affiliate under this Operating Agreement; (b) close any other account that the Affiliate may have or may open in the future, without payment of any commission; (c) terminate this Operating Agreement; or (d) undertake all of the above actions.


6.2 Furthermore, the Affiliate hereby expressly and explicitly consents to the Company: (a) sending them emails related to the Program; (b) monitoring, recording, using, and disclosing information about their site and its visitors that the Company obtains in connection with the display of the Affiliate's Special Links (for example, that a particular customer clicked on a Special Link from the Affiliate's site before purchasing a Product on the Company's Site) in accordance with GoAffPro’s Privacy Notice; and (c) monitoring, investigating, and otherwise examining the Affiliate's site to verify compliance with this Operating Agreement and the Operational Documentation.

7. Affiliate's Site Responsibility

7.1 The Affiliate is solely and exclusively responsible for their site, including its development, operation, and maintenance, and all materials that appear on or within it. For example, the Affiliate is solely responsible for: (a) the technical operation of their site and all related equipment; (b) the maintenance and updating of their site; (c) the display of Special Links and Content on their site in accordance with this Operating Agreement and the Operational Documentation and any agreement between the Affiliate and any other person or entity (including any restrictions or requirements imposed on the Affiliate by any person or entity that hosts their site); (d) the creation, posting, and ensuring the accuracy, completeness, and appropriateness of materials posted on their site (including all Product descriptions and other Product-related materials and any information that the Affiliate includes within or associates with the Special Links); (e) the use of the Content, their site, and the materials on or within their site in a manner strictly aligned with the ethics, mission, and commitments of the Company (see the Company's About section and subsections of its website for more details); (f) the use of the Content, their site, and the materials on or within their site in a manner that does not violate, infringe, or misappropriate any of the Company's rights or those of any other person or entity (including copyright, trademark, privacy, publicity, or other proprietary or intellectual property rights); (g) the use of the Content, their site, and the materials on or within their site in a manner that is not harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, or otherwise objectionable in any way; (h) accurately and adequately disclosing on their site, through a privacy notice or otherwise, how the Affiliate collects, uses, stores, and discloses data collected from visitors, including, where applicable, that third parties (including the Company and other advertisers) may serve content and advertisements, collect information directly from visitors, and place or recognize cookies on visitors' browsers; (i) any use by the Affiliate of the Content and the Lebubè brand, whether or not such use is permitted by this Operating Agreement; and (j) any use by the Affiliate of the Content and the GoAffPro trademarks, whether or not such use is permitted by this Operating Agreement.


7.2 The Affiliate may not create or design their site or any other website they operate, explicitly or implicitly, in a manner that resembles or gives the impression of resembling the Company's Site nor design their site in a manner that leads customers to believe that the Affiliate is or any other affiliated and/or associated business. Any confusion generated by the Affiliate must be immediately removed upon simple informal communication.


7.3 The Company shall have no responsibility for the aforementioned in articles 7.1 and 7.2 or for any claim by its end-users related to them, and the Affiliate agrees to defend, indemnify, and hold the Company, and its employees, officers, directors, and representatives, harmless from all demands, damages, losses, liabilities, costs, and expenses (including legal fees) related to: (a) the Affiliate's site or any material that appears on their site, including the combination of their site or such materials with other applications, content, or processes; (b) the use, development, design, manufacture, production, advertising, promotion, or marketing of the Affiliate's site or any material that appears on or within their site, and all other matters described in this section 7; (c) the Affiliate's use of any Content, whether or not such use is authorized or violates this Operating Agreement, any Operational Documentation, or applicable law; (d) the Affiliate's breach of any term or condition of this Operating Agreement or any Operational Documentation; or (e) the negligence or intentional misconduct of the Affiliate or their employees. For all the above-mentioned, the Affiliate commits to fully indemnifying the Company, absolving it from all liability.


7.4 The Affiliate has the faculty and right to send emails to their customers only if they are already customers or subscribers to their services/website and have the ability to unsubscribe from future communications autonomously.


7.5 The Company reserves the right and faculty to periodically monitor the Affiliate's website to ensure its functionality and appropriateness, including content updates. In case of unsuitable, outdated content, and/or outdated functionality, the Company may object to these issues and/or defaults to the Affiliate, with the faculty to direct and suggest necessary changes to optimize performance. If, following these corrective initiatives by the Company, the Affiliate's website is not updated within a period of 6 months, the Company may freely withdraw from the Operating Agreement, automatically resulting in the termination, invalidity, and non-existence ex tunc of the relationship and the loss of the right on the part of the Affiliate to any commissions generated in the meantime.

8. Order Processing

8.1 The Company will process Product orders placed by customers who follow Special Links from the Affiliate's site to the Company's Site. The Company reserves the right to refuse orders that do not comply with the requirements on the Company's Site, which may be updated from time to time. The Company will track Qualifying Purchases (as defined in Section 9) for the purposes of reporting and calculating commissions and will provide Affiliates with reports summarizing these Qualifying Purchases.


8.2 Sales will be tracked through GoAffPro's affiliate tracking system, which provides real-time data on sales, clicks, and conversions. Each order will be verified to ensure compliance with this Operating Agreement and to identify any fraudulent activity.


8.3 For disputes related to the attribution of sales, Affiliates may submit an appeal within a strict period of 30 (thirty) days from the sale's registration. The Company will review claims by analysing relevant data and will communicate the outcome, adjusting commissions where necessary.


8.4 The cookie duration specified in article 9.2 will determine the eligibility window for sales attribution. In the case of multiple commission claims for a single sale, the last-click attribution model will be applied.


8.5 Acknowledging the existence and the right to activate controls, procedures, and measures to detect and prevent fraudulent activities, it is mutually recognized that, in the event of such occurrences, the relationship will be immediately terminated (automatic termination) with the Affiliate losing the right to any commissions accrued in the meantime, without prejudice to the Company's right to compensation for damages.

9. Commissions

9.1 The right to commissions earned on Qualifying Purchases will be governed in accordance with Section 10. Once the Affiliate's right to a commission is confirmed, the Company will proceed with its payment. In cases where an overpayment has been made for any reason, the Company reserves the right—acknowledged by the Affiliate—to adjust and/or offset such amount in subsequent commissions.


9.2 Except for the exclusions indicated below in point 9.4, a "Qualifying Purchase" occurs when: (a) a customer clicks on a Special Link on the Affiliate's site that links to the Company's Site; (b) during a single Session, the customer adds a Product to their cart and completes the order for that Product no later than 30 (thirty) days following the customer’s initial click-through; and (c) the Product is shipped to and paid for by the customer.


9.3 A "Session" begins when a customer clicks on a Special Link on the Affiliate's site for the Company's Site and ends when one of the following occurs: (x) 24 hours have passed since that click; (y) the customer places an order for a Product; or (z) the customer follows a Special Link to the Company's Site that is not the Affiliate's Special Link.


9.4 Qualifying Purchases exclude, and the Company will not pay commissions on any of the following:


9.4.1 any Product that, after the expiration of the applicable Session, is added to a customer's cart, or is downloaded by a customer, even if the customer previously followed a Special Link from the Affiliate's site to the Company's Site;

9.4.2 any Product purchase that is not properly tracked or reported because the links from the Affiliate's site to the Company's Site are not correctly formatted;


9.4.3 any Product purchased through a Special Link by the Affiliate or on their behalf, including Products that the Affiliate purchases through Special Links for themselves, friends, relatives, or associates (e.g., personal orders, orders for the Affiliate's own use, and orders placed by the Affiliate on behalf of any other person or entity);


9.4.4 any Product purchased for resale or for commercial use of any kind;


9.4.5 any Product purchased after the termination of this Operating Agreement;


9.4.6 any Product order that is cancelled, returned, or refunded;


9.4.7 any Product purchased by a customer who is referred to the Company's Site through any of the following: (a) a so-called "Prohibited Paid Search Placement," (b) a link to the Company's Site, including a Redirecting Link (as defined below), that is generated or displayed on a Search Engine (as defined below) in response to a generic Internet search query or keyword (i.e., in natural, free, organic, or unpaid search results), regardless of whether such links appear following the submission of data by the Affiliate to that site or otherwise; (c) any Qualifying Purchase where the Affiliate has used Lebubè trademarks in combination with and/or in addition to the names of products offered by the Company and/or the following terms: "percent off (%)", "sale", "discount", "coupon", or "promotion", or terms of similar meaning; (d) any Qualifying Purchase where the Affiliate has offered any person or entity any consideration or incentive (including money, rebate, discount, points, donation to charity or other organizations, or other benefits) for using the Special Links (e.g., by implementing any "rewards" or loyalty program that incentivizes people or entities to visit the Company's Site via the Affiliate's Special Links); (e) any Product purchased through a Special Link in a Mobile Application that (i) was not an Approved Mobile Application or in which the Special Link in an Approved Mobile Application, (ii) was not provided by the AMA API, Product Advertising API, or other linking tools that the Company makes available to the Affiliate.


9.5 The classification of the Affiliate's site as a "Coupon Site" will be determined by the Company at its sole discretion. Factors that may lead to classification as a "Coupon Site" include, but are not limited to: (a) the presence of coupon offers, particularly from many different merchants, on the Affiliate's website, especially if such coupons represent many different merchants and/or are indexed or organized in a directory; (b) the presence of certain words (or variations or misspellings of them) in the website URL or prominently in the website content, such as "coupon", "deals", or "savings"; (c) a website that focuses on discounts or promotions offered by other merchants rather than on products, and that features little original human-generated content.


9.6 Coupon Sites are subject to specific conditions, set by the Company at its sole discretion. Such conditions may include, but are not limited to: (a) Website terms of use: Coupon Sites may have specific terms of use that users must agree to before using the site; (b) Modes of issuing and redeeming vouchers: The ways in which vouchers are issued and redeemed may vary depending on the website and the type of voucher; (c) Voucher validity terms: Vouchers may have an expiration date or other validity restrictions; (d) Exclusions: Some product or service categories may be excluded from voucher offers on Coupon Sites.


9.7 Affiliates are allowed to use only coupon codes provided exclusively through the Program. Affiliates are not allowed to promote unauthorized coupon codes, codes exclusive to other Affiliates, codes provided in customer-oriented newsletters, or other promotional codes resulting from marketing activities not related to the Company's Affiliate Program. The use or attempted use of any coupon code obtained from any source other than the Program will result in the loss of commissions and/or immediate removal from the Program.


9.8 "Prohibited Paid Search Placement" means advertising that Affiliate have purchased through bidding on keywords, search terms, or other identifiers (including Proprietary Terms of the Company or GoAffPro) or other participation in keyword bidding auctions. "Proprietary Terms of the Company" are keywords, search terms, or other identifiers that include the word "lebube" or "lebubè" or any other Lebubè trademark, or variations or misspellings of any of those words (e.g., "lebbue"). "Proprietary Terms of" are keywords, search terms, or other identifiers that include the word "goaffpro" or any other GoAffPro trademark, or variations or misspellings of any of those words (e.g., "goaffpor").


9.9 Affiliates are prohibited from using the Company's and/or GoAffPro's Proprietary Terms as part of their website domain, blog name, social media, and any associated URLs with their Affiliate account.


9.10 "Redirecting Link" means a link that sends users indirectly to the Company's Site via an intermediate site or webpage without requiring the user to click on a link or take some other positive action on that intermediate site or webpage.


9.11 "Search Engine" means Google, Yahoo, Bing!, Ask, or any other search engine, portal, sponsored advertising service, or other search or referral service, or any site that participates in their respective networks.


9.12 An Affiliate found to be violating Lebubè and GoAffPro trademarks will be banned from the Program. Affiliates will be contacted before being banned, however, the Company reserves the right to ban any trademark violator from the Program without notice and at the first violation of PPC ("Pay Per Click") bidding behaviour.


9.13 Affiliates cannot use their own referral link, coupons, and/or any of the Company's domains and/or URLs (including, but not limited to, as the display domain or URL in advertising. When Affiliates participate in paid search engine campaigns, they must use their own domain and/or URL in their ads.


9.14 Affiliates are prohibited from identifying themselves as the "Official Site" within their campaigns.


9.15 Affiliates are prohibited from promoting counterfeit or misleading offers.


9.16 Affiliates must comply with requests to remove offers and/or promotional codes when communicated by the Company.


9.17 For any violation of the obligations set forth in the preceding points by the Affiliate and/or their successors, the Company reserves the right to take the best actions, including seeking damages, for its protection.

10. Payment of Commissions

10.1 Commission payments will be made on a monthly basis for Qualifying Purchases shipped in a given month. Payments will be made approximately 30 (thirty) days after the end of each calendar month. The right to commission payment will only arise when the Affiliate has accumulated a minimum guaranteed amount of 25 euros, generated and consequent to the purchase orders procured by the Affiliate. The reference currency for commission payments is the Euro.


10.2 Affiliates will be paid exclusively through the following methods: PayPal and bank transfer, with the Company reserving the right to change the available payment methods at any time, provided they are suitable for the purpose. The Affiliate may choose their preferred payment method from those listed above. The Affiliate is solely responsible for providing correct and updated payment details and for regularly checking the accuracy of their payment details, thereby relieving the Company of any burden. In the absence of payment details, the payment cannot be processed. In the case of outdated details, any delay or blockage of any payment will be solely attributable to the Affiliate. The Affiliate is also aware and accepts that entering incorrect payment details (e.g., incorrect or incomplete IBAN) carries the risk that the payment may be sent to an unauthorized beneficiary. The Company will not be responsible for compensating or making payments to the Affiliate in such cases.


10.3 Commissions will be calculated as a percentage of "Qualifying Revenues" and are subject to any restrictions for Excluded Products. "Qualifying Revenues" mean the amounts received from customers' Qualifying Purchases, excluding shipping costs, handling, gift wrapping, taxes, service charges, donations, and any ancillary costs (such as cash on delivery commissions), and deducting any discounts, credit card transaction fees, returns, and bad debt.


10.4 A standard, fixed, and unvarying commission of 8% on Qualifying Revenues is provided, except for those derived from Excluded Products. Some product categories may have different commissions from the standard rate. Special offers that temporarily modify the commission structure may occasionally be available. Should the Affiliate wish to offer a coupon or discount code to the public, the default discount will be 5%.


10.5 The Affiliate may request the Company to modify the public discount from the default 5% up to a maximum of 10%. If the Affiliate wishes to offer a discount greater than the default 5%, their 8% commission will be reduced at the sole and unequivocal discretion of the Company. The Affiliate peacefully accepts this condition.

10.6 Commission payment is conditioned and subject to the prior and prejudicial issuance by the Buyer of a proper invoice and/or equivalent document perfectly in line with fiscal and tax regulations.


10.7 The commission amount is to be understood as gross of all taxes and/or contributions, which remain the responsibility of the Affiliate.

11. Policies and Pricing

11.1 Customers who purchase products through this Program are considered customers of the Company for all activities they undertake in relation to it. Accordingly, inter partes, all prices, terms of sale, rules, policies, and operational procedures relating to customer orders, customer service, and product sales established by the Company will apply to such customers and may be modified at any time.

12. Identifying as an Affiliate

12.1 The Affiliate shall not issue any press release or make any public communication regarding this Operating Agreement, the use of Content, or their participation in the Program.

13. Reservation of Rights

13.1 The Company and GoAffPro, each within their respective areas of competence, reserve all rights, titles, and interests (including all intellectual property and proprietary rights) in and related to the Program, Special Links, link formats, Content, data, images, text, and other information and content related to the Products, application programming interfaces and other proprietary tools of GoAffPro, Data Feeds, any domain name owned or managed by the Company or GoAffPro, information and materials on the Company's Site and the Program Site, the trademarks and logos of the Company and GoAffPro and those of other Affiliates, and any other intellectual property and technology that the Company and GoAffPro provide or use in connection with the Program (including application programming interfaces, software development kits, libraries, sample code, and related materials).

14. Compliance with Laws

14.1 In connection with their participation in the Program, the Affiliate is required to comply with all applicable laws of Italy and the European Union, including, but not limited to, ordinances, regulations, directives, orders, licenses, permits, judgments, decisions, and other requirements of any governmental authority that has jurisdiction over the Affiliate.

15. Duration, Termination, and Withdrawal

15.1 The duration of this Operating Agreement begins upon the Affiliate's acceptance of the participation application in the Program and ends upon its termination for any reason, by either the Company or the Affiliate. Both parties may freely withdraw from this Operating Agreement at any time, without the need for a reason, by providing simple written notice of withdrawal from one party to the other.


15.2 Upon termination of the relationship and this Operating Agreement, the Affiliate shall cease all use of the Content and the Lebubè brand, and promptly remove from their site or destroy all references to the Company, including, but not limited to, all links to the Company's Site, all Lebubè and GoAffPro trademarks, all other Content, and any other material provided or made available to them by or on behalf of the Company under this Operating Agreement or otherwise in connection with the Program.


15.3 The Company is entitled to adjust the final balance due from commissions, considering, for example, instances of cancellations, returns, and incorrectly made payments.

16. Modification

16.1 The Company has the right to modify any term or condition contained in this Operating Agreement (and any Operational Documentation) at any time and at its discretion by posting a notice of modification, a revised agreement, or revised Operational Documentation on the Company's Site or by sending the Affiliate a notification of such modification by email to the email address associated with their Affiliate account at that time (such modification by email will take effect from the date specified in such email and will never be less than 2 (two) business days from the date the email was sent). Changes, which will take effect immediately upon their occurrence and communication, may include, for example, changes to the Program regarding Commissions, participation requirements, payment procedures, and other Program requirements.


16.2 Should the Affiliate decide not to accept a modification, their only remedy is to withdraw from this Operating Agreement, as provided in Section 15. The Affiliate's continued participation in the Program following the implementation of any changes implies tacit acceptance.

17. Relationship of the Parties

17.1 The parties acknowledge that they are independent contractors. The formalization of the present understandings does not constitute any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. This provision is essential and is irrevocably maintained between the parties for the entire duration of the relationship, with both parties waiving any right and action.

18. Liability

18.1 The parties are obliged to perform the relationship in good faith. Each will be responsible for their respective obligations. In connection with the execution of the Operating Agreement, the Affiliate will take all necessary precautions and measures to protect the Company, its image, and reputation, assuming sole responsibility for any act or action contrary to this.

19. Disclaimer

19.1 The Program, GoAffPro site, the Company's Site, any product and service offered on the Company's Site, any Special Link, link format, Operational Documentation, Content, and domain names, and trademarks and logos of the Company and GoAffPro, and all the technology, software, functions, materials, data, images, text, and other information and content provided or used by or on behalf of the Company or its Affiliates in connection with the Program (collectively "Offered Services") are provided "as is", or “rebus sic stantibus”.

20. Applicable Law and Competent Court

20.1 This Operating Agreement is governed by Italian law, without prejudice to the application of community legislation and international treaties where applicable, as well as national consumer protection legislation.


20.2 Any dispute relating to the interpretation, execution, validity, or effectiveness of this Operating Agreement shall be subject to the jurisdiction of the Court of Milan, where the Company is headquartered.


20.3 In the case of disputes arising from Affiliates residing and/or domiciled abroad, Italian legislation will apply, and the exclusive jurisdiction will be that of the Court of Milan, where the Company is headquartered.

21. Miscellaneous

21.1 This Operating Agreement is not transferable by the Affiliate without the Company's prior written approval. Any tolerance by the Company towards violations of the present understandings does not constitute a waiver of the Company's right to seek protection in any forum, and the Company may subsequently demand the fulfilment of any obligation.


21.2 It is mutually acknowledged that, in case of conflict, even interpretative, between this Operating Agreement and the Operational Documentation, the "Lebubè Affiliate Program" page on the Company's Site shall prevail over this Operating Agreement, which shall prevail over the rest of the Operational Documentation.


21.3 Any information relating to the Company and/or its Affiliates provided by the Company in connection with the Operating Agreement that is not generally known to the public is considered "Confidential Information". The Affiliate therefore commits to confidentiality, accepting, among other things, that: (a) all Confidential Information will remain the exclusive property of the Company; (b) the Affiliate will not otherwise disclose Confidential Information to any person, company, or other third party.


21.4 The Affiliate, in fulfilling the obligations of the preceding point, also assumes the obligation of the third party (for example, any collaborators, consultants, employees, etc.).


21.5 All personal information collected through the Program Site or in connection with the Program is owned by GoAffPro (data controller). GoAffPro is solely responsible for the processing of personal information in accordance with GoAffPro’s Privacy Notice and applicable personal data protection legislation. The Company has no responsibility for GoAffPro's processing of personal information. The data subject has the right to exercise their data protection rights as provided in GoAffPro’s Privacy Notice by directly contacting GoAffPro.

22. Mobile Application Policy

22.1 These Mobile Guidelines ("Mobile Guidelines") apply to the inclusion of Special Links in the Affiliate's Approved Mobile Application. Strict adherence to these Mobile Guidelines is always required, and any violation of these Mobile Guidelines will result in the immediate loss of effectiveness and/or existence of the Operating Agreement between the parties, with the consequent loss, accepted and recognized by the Affiliate without exception, ex tunc of the commissions generated in the meantime.


22.2 The Affiliate's Mobile Application: (a) must be free to download and all referral links must be accessible without payment for access; (b) must have original content; (c) must not emulate the functionality of the Company's shopping app and/or the Company's Site (if present); (d) must not have price tracking and monitoring functionality and/or price alerts unless expressly approved in advance by the Company and/or GoAffPro; (e) must not host or display the Company's Site web pages in WebViews.


22.3 The Company reserves the right to modify these Mobile Guidelines at any time and at its sole discretion by posting a notice of modification or updated Mobile Guidelines on the Company's Site.


22.4 Should the Affiliate decide not to accept a modification, their only remedy is to withdraw from this Operating Agreement, as provided in Section 15. The Affiliate's continued participation in the Program and the continued inclusion of Special Links in the Affiliate's Approved Mobile Applications following the implementation of any changes implies tacit acceptance.


22.5 The Company reserves the right, exercisable at its sole discretion, to take appropriate action against any unauthorized or non-compliant use of these Mobile Guidelines.

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