Affiliate Terms

Version: 4 October 2026. These terms apply when validly agreed with you. Publication alone does not replace an existing affiliate agreement or remove rights already established under it.

1. Operator and agreement

1.1 The Flying affiliate programme is operated by Bavaria2TM UG (haftungsbeschränkt), Rickering 2a, 94577 Winzer, Germany, registered with Amtsgericht Deggendorf under HRB 5115, represented by its managing director Thomas Lösl (“Flying”, “we”, “us”). Contact: info@flyingupload.com.

1.2 These terms govern participation in our referral programme for Flying Research, Flying Upload and the other products expressly included in your programme agreement. A separate agreement with us in text form takes precedence where it expressly departs from these terms. Purchasing or using a Flying product is governed by the applicable customer terms; affiliate participation does not provide a free software licence unless separately agreed.

1.3 You must be at least 18 years old and legally able to enter this agreement. An individual applying on behalf of a business must be authorised to bind that business. Provide accurate registration, payment and tax information and keep it current. We may reasonably request information needed to verify eligibility, account ownership or legal compliance. Registration is an application; an agreement begins when we expressly approve it. We may decline applications.

1.4 You organise your promotional activity independently and bear your own costs. You have no authority to conclude contracts, make promises or collect customer payments on our behalf. No employment, partnership or exclusivity is created. The legal classification of the relationship depends on applicable law and its actual operation; mandatory rights are not excluded by its name or by this provision.

2. Referral links and attribution

2.1 Use only referral links, codes and promotional materials made available or approved by us. You are responsible for placing your referral identifiers correctly and for securing your programme account. You must not transfer or sublicense your account or referral identifiers without our prior agreement in text form.

2.2 The initial referral window is 30 days after the first eligible referral click. A qualifying first purchase must occur during that window and must be attributable to your referral through the programme’s lawful attribution process. Where more than one affiliate refers the same customer, the first eligible referring affiliate receives attribution; a later affiliate click does not replace that attribution or restart its window. A referral to an existing customer or an existing subscription is not eligible unless we expressly agree otherwise. Subscription renewals attributed to an eligible initial referral are governed by sections 3–5.

2.3 Attribution may depend on the visitor’s consent, browser settings, device and use of a valid referral identifier. You must not circumvent a refusal of tracking consent or a technical privacy setting. We do not guarantee that every visit or purchase can be attributed. We will review a reasonably substantiated attribution error; our records are not conclusive against evidence of an error. We do not owe duplicate commissions for the same transaction.

2.4 You must not generate commission on your own purchases, including purchases through another account, through a business you control or through an arrangement principally intended to obtain a commission rebate for yourself. Fraudulent, simulated, unpaid or otherwise ineligible purchases do not earn commission. A purchase that is validly reversed or refunded is subject to the corresponding commission adjustment under section 3; cancellation of future subscription renewals does not invalidate payments for the subscription’s preceding paid period.

3. Commission

3.1 The standard commission rate is 20% of the eligible net customer price. A higher rate may be individually agreed in text form, including by reference to the customer base you generate. The agreement must identify its scope and effective date. No higher rate arises solely from an expectation, a previous discretionary payment or a statement that a higher rate may be available.

3.2 The eligible net customer price is the amount actually paid by the referred customer for the qualifying product, after discounts and excluding VAT, sales tax and similar transaction taxes. Refunds, credited amounts, chargebacks and reversed payments reduce the corresponding commission to the extent of the reversal. The commission base is not reduced by undisclosed internal operating or payment-processing costs.

3.3 Qualifying paid Flying Research and Flying Upload subscriptions included in the programme earn commission under these terms. Other subscriptions or products are eligible only where expressly included in your programme agreement. Separately purchased tokens and one-off token top-ups do not earn commission. Tokens included as part of an eligible subscription do not generate a separate commission; commission is calculated on the eligible subscription payment. Free access and free tokens do not earn commission. Changes to a continuing eligible subscription are governed by section 5.3.

3.4 For an eligible subscription, the agreed commission applies to its qualifying renewal payments for as long as that referred subscription continues. No continuing promotion, minimum number of new referrals, account-login frequency or other activity condition applies. Section 5 governs continuing subscriptions and the survival of this entitlement after participation ends.

3.5 A dashboard entry may initially be provisional. Commission becomes payable after payment and eligibility have been verified and the validation period in section 6 has elapsed. We may correct demonstrable calculation or attribution errors and reverse commission relating to a transaction that is subsequently refunded, charged back or found to be fraudulent. We will identify the basis for an adjustment. Programme termination, inactivity or an unrelated breach is not, by itself, a basis for confiscating valid commission already earned or cancelling the continuing commission entitlement for a valid referred subscription.

3.6 If an ineligible commission has already been paid, the corresponding overpayment must be repaid. We may set off such repayment claims against future commission to the extent permitted by law. Your right to contest an adjustment remains unaffected.

4. Promotion and prohibited conduct

4.1 You must comply with applicable advertising, consumer-protection, intellectual-property, privacy and electronic-marketing laws and the rules of the platforms on which you promote Flying. Clearly disclose your financial connection to Flying next to the relevant endorsement or referral, in a manner and language appropriate to the audience and medium. A disclosure hidden solely in a profile, terms page or unrelated footer is insufficient where it does not inform the audience when viewing the promotion.

4.2 Make truthful, current and supportable statements. Do not promise earnings, legal clearance, guaranteed marketplace acceptance, immunity from infringement claims, or product capabilities we do not provide. Do not fabricate reviews, impersonate customers or imply that Flying or a marketplace endorses you beyond the actual affiliate relationship. You may accurately describe your own experience and express your own opinions.

4.3 You must not use spam, unlawfully obtained contact lists, unsolicited messages contrary to applicable law, cookie stuffing, hidden or forced redirects, artificial clicks, bots, malware, misleading download buttons, unauthorised discounts or fabricated transactions. Do not place referral identifiers where the user has not intentionally engaged with your genuine promotional content. Incentivised referrals, cashback arrangements and coupon-only promotion require our prior approval in text form.

4.4 Without our prior approval in text form, you must not bid on Flying’s brand names, confusing variations or misspellings in paid search, use them as your domain or social-account name, or create a site or advertisement that misleadingly appears to be operated by us. Do not target our existing customers with referral codes principally to replace an existing attribution or claim commission on transactions you did not refer.

4.5 We grant you a non-exclusive, non-transferable right during your programme participation to use the approved Flying names, logos and promotional materials solely to promote eligible Flying products in accordance with these terms. Ownership remains with the relevant rights holder. Follow reasonable brand instructions and promptly correct obsolete or legally problematic claims after notice. Do not materially alter a logo or claim rights in our marks.

4.6 You may promote or discuss competing products unless you have separately agreed a clearly defined exclusivity obligation with us. No general post-termination restriction on competing activity applies under these terms. Confidentiality, intellectual-property protections and prohibitions on unlawful conduct continue to apply.

5. Continuing subscriptions and survival of commission rights

5.1 Commission on an eligible referred subscription continues on its qualifying paid renewals until that subscription actually ends. A notice cancelling the subscription at the end of a paid period does not retrospectively invalidate commission on payments for that period. No commission is payable on free periods, unpaid amounts or amounts refunded or reversed under section 3.

5.2 Your exit from the programme, termination of participation by either party, or closure of the programme does not end the commission entitlement for an eligible subscription referred before the effective end of participation. We will continue to calculate, report and pay those commissions under the applicable agreement. Termination ends your authority to generate new referrals under this agreement, subject to any mandatory entitlement concerning transactions attributable to your earlier activity.

5.3 A change to the billing interval or plan, or a technical migration that continues the same customer subscription, does not by itself extinguish its existing referral attribution. The commission is calculated on the eligible net price actually paid for the continuing eligible subscription. If the customer genuinely ends a subscription and later purchases a new one, that later purchase is subject to the referral conditions applicable to a new purchase. A purely administrative replacement or programme closure will not be treated as ending a continuing referred subscription to avoid the commission entitlement.

5.4 An initial referral proved to be fraudulent, simulated, self-referred or otherwise ineligible under the agreed referral rules does not create a recurring commission entitlement. A refund, chargeback or invalid individual renewal affects the corresponding transaction; it does not automatically invalidate an otherwise valid initial referral or later valid payments. An unrelated breach by an affiliate does not retrospectively make a genuine referral fraudulent or erase its promised renewal commissions. Any separate, legally established claims for damages and rights of set-off remain unaffected.

6. Statements, validation, payouts and taxes

6.1 Valid commissions older than 14 calendar days are paid in EUR through PayPal during the first week of each calendar month, provided the payable balance is at least EUR 5 and we have the information legally and technically needed to pay you. Smaller balances carry forward. A 14-day validation period does not restrict customer rights or guarantee that a later refund or chargeback cannot occur.

6.2 Provide a valid payout account in your name or your business’s name and any legally required invoice or tax information. Payment may be delayed to the extent that missing information prevents lawful payment; we will identify what is missing. Each party is responsible for its own taxes. Where VAT must legally be charged on your affiliate service, its treatment must be documented correctly; it is not automatically included in the commission base described in section 3.2.

6.3 Review your statements and notify us promptly of apparent errors with relevant details. A failure to report immediately does not shorten statutory limitation periods. You have no right to access customer personal data beyond what is lawfully needed to substantiate your commission entitlement.

6.4 On termination, the valid unpaid balance then accrued will be settled in the next regular payout cycle after the applicable validation period, even if it is below EUR 5, provided payment information is complete. Renewals that continue to earn commission under section 5 remain subject to the regular payment process in section 6.1. When the last referred subscription ends and no further commission is due to accrue, the final valid balance will be paid in the next regular payout cycle after validation, regardless of the EUR 5 threshold. A substantiated dispute concerning specific transactions permits a proportionate hold on those amounts while investigated; undisputed amounts remain payable. We will investigate without undue delay and explain the result.

7. Privacy, communications and confidentiality

7.1 Each party must comply with the data-protection duties applicable to its own processing. Do not give us prospect contact lists or other personal data unless separately agreed and lawfully permitted. Programme reporting does not authorise you to contact referred customers. Obtain any consent required for tracking technologies you control before using them.

7.2 We process affiliate account, payment, attribution and communication information as described in our Privacy Policy. We may send notices reasonably necessary to administer this agreement, including statements, security notices and contractual notices. Optional marketing is subject to its own applicable legal requirements. Withdrawing consent to optional marketing does not, by itself, end participation.

7.3 Keep non-public information that is marked confidential or is confidential by its nature secure, use it only for participation and disclose it only to persons who need it for that purpose and are subject to appropriate confidentiality duties. This does not cover information lawfully public, already lawfully known, independently developed or lawfully received without restriction. Legally required disclosures and protected reporting remain permitted. Trade secrets remain protected for as long as they qualify as trade secrets; other confidential information remains protected for three years after termination.

8. Suspension and termination

8.1 Either party may terminate participation on 30 days’ notice in text form. Any mandatory longer notice period remains applicable. Termination for an important reason remains available under applicable law. Where the breach is remediable, we will ordinarily give notice and a reasonable opportunity to remedy it before terminating for that breach, unless immediate termination is legally justified.

8.2 We may temporarily suspend referral tools or specific promotional activities where reasonably necessary to investigate credible indications of fraud, unlawful advertising, a security threat or another material breach. Measures will be proportionate to the concern. We will explain the reason unless disclosure would undermine a lawful investigation or is prohibited, review the measure without undue delay and lift it when its basis no longer exists.

8.3 When participation ends, stop representing yourself as a current Flying affiliate and stop using active referral links and promotional materials licensed solely under this agreement. Remove or update affiliate links and branding on channels under your control. You need not erase lawful independent editorial content merely because participation ends. Accrued payment rights, the continuing renewal-commission entitlement in section 5, the reporting and payment duties needed to fulfil it, justified adjustments, confidentiality, accrued liability and other provisions intended by their nature to survive remain effective.

9. Liability and third-party claims

9.1 We are liable without contractual limitation for intent and gross negligence, for injury to life, body or health caused by fault, for fraudulent concealment, under any expressly assumed guarantee to the extent of that guarantee, and where mandatory law imposes liability, including applicable product-liability law.

9.2 For simple negligence, we are liable only for breach of an essential contractual obligation, meaning an obligation whose performance is necessary for the agreement’s proper operation and on whose performance you may ordinarily rely. Liability in that case is limited to loss foreseeable when the agreement was concluded and typical of that agreement. Other liability for simple negligence is excluded. These limitations apply equally to our statutory representatives and persons for whose conduct we are responsible, subject always to section 9.1.

9.3 We do not guarantee a particular number of referrals, conversion rate, commission income or commercial success. This does not exclude responsibility for fulfilling our express payment obligations or mandatory liability.

9.4 If you act as a business, you must indemnify us against justified third-party claims and reasonable necessary legal defence costs to the extent caused by your culpable infringement of third-party rights or culpably unlawful promotion in breach of this agreement. This does not apply to the extent we are responsible for the claim. We will inform you promptly, permit reasonable participation in the defence and mitigate loss. We will not agree a settlement at your expense without your consent, which must not be unreasonably withheld. Mandatory rules on fault, causation and contributory responsibility remain applicable.

10. Changes and final provisions

10.1 Material amendments, including reduced commission rates or changes to rights concerning existing referrals, require a legally effective agreement. Posting revised terms or your silence alone does not establish such agreement. We may offer revised terms for future participation and may end participation using the applicable termination rules if no agreement is reached. Ending participation does not amend or extinguish accrued commission or continuing commission rights under section 5. Those rights remain governed by the applicable agreement and mandatory law unless a legally effective separate agreement changes them.

10.2 German law applies, excluding the UN Convention on Contracts for the International Sale of Goods. Where you legally qualify as a consumer and mandatory protections of your country of habitual residence apply despite this choice, those protections remain unaffected.

10.3 Where you are a merchant within the meaning of German commercial law, a legal entity under public law or a special fund under public law, the courts competent for our registered office have exclusive jurisdiction, to the extent legally permitted. We may also bring proceedings at your general place of jurisdiction. Otherwise statutory jurisdiction rules apply. No mandatory arbitration agreement is created.

10.4 If a provision is invalid, statutory rules replace it and the remainder of the agreement continues where legally possible. Individually agreed terms take precedence. Mandatory commercial-agent rights, where applicable to the actual relationship, are not excluded by these terms.