General Terms And Conditions (GTC) For Users

Last update June 29, 2017

Description Of Services, Acceptance

1. These are the terms of use (hereinafter referred to as “Terms of Use”) of 2key New Economics Ltd. (Hereinafter referred to as “2key” , “We” or  “Us”). 2key offers a service on the internet (hereinafter referred to as “2key service”) which allows the tracking and processing of recommendations made by persons who are registered with 2key in accordance with these Terms of Use (Hereinafter referred to as “Users” or “You”) for products and services offered by Advertisers and/or Marketers (Hereinafter referred to as “Advertisers”). The 2key service is accessible via the 2key websites (any of 2key.me, 2key.co, 2key.org, 2key.network, 2key.co.il, 2key.xyz) (Hereinafter referred to as the “Website”) and/or by the 2key mobile applications. Users can recommend the Advertisers’ products and service offerings (including by means of referring to  lead-acquisition landing pages) to third parties, namely human peers (Hereinafter referred to as “Potential Customers”). If, upon such recommendation, Advertiser and Potential Customer enter into a commercial transaction, as described below, the User is entitled to a Referral Compensation as defined by the Advertiser, minus a fixed 2key operating fee to be deducted from such compensation as defined by the Advertiser, per campaign, i.e. per each Advertiser product or landing page currently in active offer mode by the Advertiser. The 2key operating fee will be transparently and visibly communicated on the website, and should remain constant around 11%. We hold the right to make changes in the operating fee in order to meet certain financial feasibility requirements, and will communicate any change to both Advertisers and Users of 2key. The Advertiser users hold responsible to set the required credit limits on their method of payment, e.g. credit-card, as 2key will require such credits to be made available in order to secure the Advertiser’s commitment to such quoted Referral Compensation per campaign. 2key will track referral performance of users, and analyze these results to determine the amount of Referral Compensation to set aside from each Advertiser campaign’s budget to each successful referring user.

The 2key platform enables Advertisers to harness their clients and other users as referring agents, by offering a transparent previously defined compensation for each successful referral performed by a 2key user. We aim to offer Advertisers an easy to use platform for harnessing their clients as advertisers, while paying only for business results – i.e. only for successful referrals (e.g. ending in acquisition by a Potential Customer, or with a Potential Customer leaving contact info with clear intent to be contacted by the Advertiser towards completion of a sales process. We aim to offer any existing customer of a product and users in general the ability to earn financial incentives for recommending products online, and by successfully referring Potential Customers to the advertisers. We would also like the Advertiser offered Referral Compensation to entail some discount of incentive to the Potential Customer, thereby enabling a Win-Win-Win triangle of interests between the Advertiser, the User and the Potential Customer.

We offer our platform to the benefit of Advertisers and Users everywhere, all under these Terms of Use.  The following Terms of Use apply between 2key and any User of 2key.

2. The 2key service may only be used by natural persons that are at least 13 years old and hold a personal globally acceptable credit card, Paypal account or bank account (whereby advertising budgets may be collected by Us from Advertiser users, or paid to, by us, to successfully referring Users). By accepting these Terms of Use, you declare that you are a natural person and at least 13 years old, and hold at least one of a personal globally acceptable credit card, Paypal account or bank account.

3. Should You intend to make commercial use of the 2key services at the time the contract is concluded, or should such an intention arise after conclusion of the contract, the user agrees to notify 2key in writing without delay in accepting these terms and conditions. We reserve the right to refuse any commercial use by the user in individual cases.

4. If You intend to use the 2key service for a commercial purpose at the time of registration with 2key or if You demonstrate such an intention after registration, You, by accepting these Terms of Use, commit to inform 2key about this fact immediately in writing. 2key reserves the right to exclude you from the use of the 2key service, to terminate the agreement with you without notice, or to authorize such commercial use on an individual case-by-case basis.

5. When using the 2key service, Users act independently and are not subject to any directions from 2key. Users are solely responsible for complying with any laws, regulations, statutory provisions, including relevant tax laws and trade law regulations that apply to them.

6. The use of the 2key service is free for users.

Parties

1. 2key is not a representative of its Advertisers. Therefore, by entering into an agreement based on these Terms of Use between the User and 2key, no legal relationship between the User and Advertiser is formed.

2. The purchase of goods, services or other transactions on the webpage of an Advertiser by Users or Potential Customers (in case of a recommendation/referral) is a separate legal transaction between such User or Potential Customer and the Advertiser; 2key is not a party to this legal transaction.

Registration And Conclusion Of Agreement

1. To be able to use the 2key service, You must register and create a 2key account. In order to register, you must fill out the registration or recommendation form provided by the 2key service and/or use one of the federated identity log-ins (Facebook,Google,Linkedin) and fully agree to these Terms of Use. You should also take note of our privacy policy (www.2key.co/privacy-policy) which is referred to during the sign-up process.

2. Each User may only sign-up once. The User is obliged to provide truthful information in the fields of the registration form. For creating Advertiser profiles, the user is obliged and commits that he is the owner of the website and any copyright or trademark related to the advertiser name. Advertiser names are unique in the 2key system, and must only be claimed by the lawful owners of such companies.

3. Registration can be done via the Website, both for Advertisers and Recommending Users.

4. Upon full registration, the User submits an offer to enter into a contractual relationship with 2key on the basis of these Terms of Use. The agreement between the User and 2key is concluded only with the confirmation of the registration by 2key by sending a confirmation email. 2key reserves the right to reject a registration request without giving any reason. 2key Also reserves the right to cancel and/or block a user’s account in case of misuse, including, but not limited to, making false claims as Advertiser, introducing hurtful or improper content into the 2key system, Advertiser failing to transfer Referral Compensation as committed to, User spamming recommendation and receiving multiple warning from the 2key system and/or Potential Customers.

5. The 2key service is carried out exclusively on the basis of these Terms of Use. Any other terms or conditions proposed by a User are hereby expressly excluded, if and to the extent those terms contradict or complement these Terms of Use. The permission to use the 2key service is not transferable and is strictly reserved for the registered User.

6. This agreement is entered into for an unlimited period of time.

Revocation

1. You may revoke your offer to enter into this agreement within 14 days without having to give any reasons. The revocation period starts on the date of this agreement and ends 14 days thereafter. To exercise your revocation right, you must inform 2key by email to hello@2key.co , expressing unequivocally your intention to revoke this agreement.

2. Notwithstanding, an Advertiser running an active campaign with an active budget, so long as Users have produced personal links under the quoted Advertiser’s commitment in the 2key system for Referral Compensation, such advertiser will not be able to cancel such offer, until all outstanding Referral Compensation has been transferred to Users, and all other Users have been informed that such campaign has been cancelled.

Referral Compensation Conditions

1. Referral Compensation will be paid (subject to § 6) only for successful referrals according to the applicable rewards offer (§ 5 Nr. 3). To do this, the User must enlist into an active campaign (i.e. into an active offer from an Advertiser to pay a quoted Referral Compensation per business result (lead generation/ acquisition), and further, by enlisting into a campaign, must obtain from the 2key system a personal link with which the User will be able to make recommendations that track and accumulate business results to the credit of the User. Thereafter, the 2key Recommending User can user the link and reference it in a textual or other media-based recommendation, either by using the share buttons available on the 2key website, or by using such media’s native applications and/or websites and/or methods (e.g. Facebook post , Whatsapp message, WeChat message, Messenger message, Instagram post, Twitter tweet, Snapchat post, Email , SMS, Linkedin message etc..). For a recommendation to be eligible for Referral Compensation, it must be generated in such way that contains a personal attribution link created by 2key (“Referral Link”) for the specific 2key User to be credited the successful referrals. Each 2key Campaign should produce a new unique link for each user. Alternatively, the User can copy the Referral Link and use it for its intended purpose (especially taking into account the obligations in § 7). A recommendation shall be deemed successful if:

  • The Potential Customer follows such a Referral Link during the validity of the rewards offer (§ 5 Nr. 3),
  • Directly (i.e. without delay and without visiting other website(s) in between) upon clicking on the Referral Link by the Potential Customer, such Potential Customer and the recommended Advertiser enter into an agreement about the recommended product or service specified in the rewards offer, namely either purchase of the product by the Potential Customer or leaving personal details by the Potential Customer with a clear intent to become a sales/acquisition lead of the Advertiser’s product, i.e. the Potential Customer leaves his/her contact info with clear intent to be contacted by the Advertiser in relation with the recommended product.
  • The transaction between the Potential Customer and Partner fulfills the additional conditions referred to in the respective rewards offer,
  • The causation of the transaction between the Potential Customer and Advertiser by such recommendation is traceable by the cookie stored at the Potential Customer’s browser (to this end, the Customer’s browser must permit cookies) and
  • the Potential Customer is not identical with the recommending User, nor is the Potential Customer identical to a previously accounted for Potential Customer for which Referral Compensation has been made already in the past during this specific campaign.

2. In addition to reward for recommendations, certain Advertisers may offer rewards (subject to § 6), if you purchase something yourself in such Advertiser’s online shop via the link provided for this purpose on the Website (“cashback”). For a purchase to be rewarded, the following conditions must be met:

  • The transaction between the you and the Advertiser is made using the cashback button on the Website, the 2key CashKey, or other services provided by 2key during the validity of the rewards offer (§ 5 Nr. 3),
  • directly (i.e. without delay and without visiting other website(s) in between) upon your clicking on the cashback button on the Website and the subsequent routing to the Advertiser’s online shop, you and such Advertiser enter into an agreement about the product or service specified in the awards offer,
  • the transaction between you and the Advertiser fulfills the additional conditions referred to in the respective rewards offer, and
  • the transaction between you and the Advertiser is being tracked and transmitted by the Advertiser and recorded by 2key.

3. The User acknowledges that rewards offers are subject to change at any time and have a limited validity. A reward can only be earned if and to the extent that, at the time of the transaction between Advertiser and 2key (or Potential Customer, as the case may be) taking effect, (i) the rewards offer is still valid and (ii) the applicable reward conditions that are in effect at the time the agreement is taking effect are met.

Payment conditions

1. 2key creates a Compensations Account for each User after successful registration, to which Referral Compensations will be credited. 2key regularly informs You about the current status of your Compensation Account by email and you can see this information at any time in your account dashboard.

2. For each successful referral in accordance with § 5 Nr. 1 and each successful purchase in accordance with § 5 Nr. 2, as the case may be, the compensation specified in the rewards offer by the Advertiser will be temporarily credited to the User’s account and marked as “pending”.

3. A pending compensation becomes payable only if the following conditions are met with respect to the corresponding transaction between Partner and Customer (in the case of recommendations) or Partner and User (in the case of cashback):

  • The transaction is not rejected, revoked, cancelled or rescinded by the Advertiser, User or Potential Customer or otherwise terminated (whether unilaterally or by mutual agreement),
  • Full and timely payment of the purchase price invoiced by the Partner and/or by the Potential Customer (in the case of referrals ending with an acquisition business result as defined in the relevant 2key campaign information) or by the User (in the case of cashback) to the Advertiser,
  • Acceptance of the ordered goods or services by the Potential Customer or User, as the case may be,
  • Any statutory or contractual cancellation or revocation period having elapsed,
  • The transaction meets any additional conditions specified in the rewards offer, and
  • Confirmation of the effectiveness of the transaction by the Advertiser to 2key.

4. After the conditions specified in § 6 Nr. 3 have been met, the Referral Compensation will be credited to the compensations account and marked as “confirmed”. If one or more of the requirements referred to in § 6 Nr. 3 are permanently missed, the corresponding “pending” reward will be canceled and marked as “rejected”.

5. As a Recommending User, as soon as the amount of confirmed rewards has reached the minimum amount of 25 USD, you can demand payment of your rewards by consecutively clicking on the buttons “My Account” and “Cash Out” and submitting your account information in the user flow that commences. Payments are exclusively made via Paypal or credit-card transfers.  You may incur additional fees as charged by Paypal, credit-card or other 2key-approved payment methods.

6. The payout of rewards to your preferred method of payment (as a Referring User) discharges any and all claims you might have against 2key for payment with respect to the respective cashed-out Referral Compensation, even if the account does not belong you.

7. Any objections against the balance or other details of Your Compensation Account as a 2key Referring User must be made by You in writing or by email within six (6) weeks at the latest after receipt of the email containing the rewards account status. Any failure to raise an objection in a timely manner shall be deemed an approval of the rewards account balance. 2key will point out this consequence to the You when informing you about the Compensation Account balance. A 2key Referring User may request an adjustment of the rewards account balance after the six weeks period, but then must prove his claim that a reward earned by him was not credited or not credited in full. 
The cancellation right of 2key according to § 6 Nr. 9 of these Terms of Use remains unaffected.

8. Any claim for payment of a confirmed reward lapses, if the User within one (1) year after confirmation of such reward does not (i) request a cash-out of the respective compensation and/or (ii) does not use the 2key service.

9. Referral Compensations may be canceled by 2key, if a cash-out would be unreasonable for 2key to carry out due to a breach of contract by the User, in particular if (i) the User violates any of his obligations under § 1 and § 7 of these Terms of Use, (ii) the User (in the case of cashback) or the Potential Customer (in the case of recommendations) violates the terms of use of the Advertiser, (iii) the User uses the 2key Service to obtain rewards in an improper manner inconsistent with the purpose of the 2key Service or (iv) the reward conditions or the payout conditions have not been met. In the case of abuse or violation of these Terms of Use 2key may, in its sole discretion, retroactively cancel rewards without notice. Canceled rewards are marked as “rejected”.

10. The User acknowledges that a small number of recommendations and purchases may not be properly recorded by 2key or an Advertiser for technical reasons, including but not limited to (i) errors during the loading of websites, (ii) the disabling of cookies in the User’s browser, (iii) the use of Adblockers, (iv) the cookie stored by 2key being overwritten due to the visit of other websites or (v) other technical disruptions of the 2key service or the Advertisers’ websites. In these cases, the User has and will have no payment claim against 2key, but may request an adjustment via his account.  Notwithstanding, 2key will do its best to maintain a high level of service, with minimal downtime, data corruption and/or data-loss. We are doing our best to provide our Users with the highest standard of service and are committed to continuously improve our product to ensure high level of data security, consistency and availability in  and by our services.

11. The User may not assign or transfer individual or all rights and obligations under this agreement without 2key’s prior written consent.

12. No interest is payable on credited Referral Compensations.

13. As an Advertiser, for each active campaign, once 100 USD worth of successful business result actions (leads/acquisitions) have been made, such 100USD will be charged to your credit-card/Paypal account. Each subsequent 100USD of successful referral results ascertained, will incur charges accordingly, up to the max budget defined in the Campaign. Once max budget is 85% from exhaustion, message will be sent by 2key to both Advertisers and active campaign users (Referring Users) to notify them of approximate payable successful referrals left in the account. At 95% from exhaustion no further 2key-links will be issued out, and a mail/notification will be sent out to all active campaign users. At 100% exhaustion all links will be disabled, the campaign will be deactivated, mails will be sent out to Referring Users, to notify that all held 2key-links are no longer eligible for Referral Compensation.

User content

1. 2key may, at its sole discretion, permit you to post, upload, publish, enter or transmit data or content, like website pages, text or photos, for public view on the 2key Website (Hereinafter referred to as “User Content”). By providing User Content on the Website, you grant 2key a worldwide, non-exclusive, transferable, sub-licensable and royalty-free license to use such User Content in connection with the 2key service and to edit, distribute, reproduce, transmit or make publicly available such User Content. This license ends when you delete the respective User Content or your 2key account.

2. You are solely responsible for User Content you provide. By providing User Content you confirm that (i) you either have the exclusive rights pertaining to the relevant User Content or that you have all rights, licenses, permits and approvals necessary to grant 2key the rights to use the respective User Content pursuant to § 7 para. 1; and (ii) the provision of the respective User Content on the Website is lawful, and in particular does not violate any laws or any rights of any third party.

3. You agree not to provide any User Content that violates public morals. In particular, your User Content must not contain pornographic, violent, discriminatory, abusive, racist or defamatory representations.

4. 2key has the right to remove your User Content without prior notice, if there is sufficient indication that the public disclosure of the relevant User Content violates any laws, regulations, moral standards and/or infringe any third party rights.

Obligations of the user

1.  You may use the 2key service only in accordance with applicable laws and in accordance with these Terms of Use. In particular, you may not use the 2key service for your own advertising, other commercial offers or in the context of illegal or immoral content.

2. You may send recommendations via email, Facebook messages etc. using the 2key service only to those persons and/or companies, which have expressly consented to receiving such recommendations from you.

3. You may not make changes to any content of the Website or other websites of 2key or its Advertisers’ content or connect the 2key service with third party services, websites, or content. You may not make any changes to the referral e-mails sent through the 2key service; you may add additional information or generate your own content, but only in the context of your personal message to the recipient of the recommendation, insofar as this added information is true, appropriate and not misleading.

4. You agree not to use any illegal or unethical means in connection with your use of the 2key service, in particular not to use means in the form of misdirection, deception, threat or coercion towards the recipients of your recommendations. Also, you may not mislead about or conceal the fact that you receive a reward for a successful referral.

5. You are prohibited to use any trademarks or other rights (see section 11) of 2key or of Advertisers working with 2key, unless you receive an explicit consent and permission to do so from 2key or the Advertiser, respectively.

6. You may not use links generated by 2key in an indecent or inappropriate manner. In particular, you may not (i) copy or post or advertise such links on racist, pornographic, violent or discriminatory websites or websites harmful to minors, or (ii) make use of LayerAd, ForcedClick or similar methods.

7. You may not use links generated by 2key on websites of Advertisers working with 2key or on websites that are connected to the websites of Advertisers.

8. You may not use the 2key service in any way harmful to 2key or its Advertiser Partners. In particular, you may not use the 2key service to send recommendations to yourself or to fake successful recommendations and/or referrals.

9. You agree to provide only accurate and up-to-date data in connection with your registration with 2key (§ 3) and/or the entering of your payment details (§ 6). Any changes to this data must be communicated to 2key immediately. This particularly applies to data that you provide for the purpose of receiving rewards payments (like name and surname of the account holder, account number, bank code, etc.).

10. You are obliged to maintain your 2key account login data secure and to protect your personal password from being accessed by unauthorized third parties. All actions performed while logged on under your password are considered to be actions of you.

11. You may only register and maintain a single 2key User account. If you register for multiple accounts, 2key reserves the right to terminate all such excess accounts without notice and to cancel any credit which may have accrued on such accounts.

12. You are solely responsible for the declaration, withholding, reporting and payment of any applicable taxes that incur in connection with the use of the 2key service. 2key has the right to provide your account information and transaction history to authorities, if and to the extent 2key has a legal obligation to do so.

Termination

1. This Agreement may be terminated without cause by either party with three (3) days notice. The right to terminate with cause without notice remains unaffected.

2. 2key has the right to terminate this Agreement without notice if you breach any of your obligations referred to in § 1, § 7 and § 8, and to block your 2key account with immediate effect.

3. The termination must be made by email to hello@2key.co You must send your termination notice to the address or email address stated in § 4. 2key will send any termination notice to the email address specified by you during registration.

4. Upon effectiveness of the termination, 2key will disable and delete the User’s 2key account and block the access of the User to the 2key service.

Availability

1. 2key uses great efforts to ensure the continuous availability of the 2key service and the Website. Server availability has a monthly average of 98%. However, 2key cannot guarantee unlimited availability.

2. 2key reserves the right to carry out maintenance work between 10:00pm and 6:00am (central European time). As a result, the availability of the 2key service and the Website may be restricted or limited during that time.

Responsibilities

1. Unless otherwise stated in these Terms of Use, including the following provisions, 2key can be held liable for breaching contractual or non-contractual obligations according to applicable statutory law.

2. 2key can be held liable for damages due to intentional and gross negligent conduct. For negligent conduct 2key can only be held liable for:

(i) the compensation of damages resulting from the injury of life, bodily injury or health, or

(ii) the compensation of damages resulting from the breach of a material contractual obligation (i.e. an obligation, the fulfillment of which is essential for the proper performance of the agreement and on the compliance of which the other party regularly relies); in this case, however, the liability of 2key is limited to the compensation of the foreseeable, typically occurring damage.

3. The limitations on liability pursuant to § 10 para. 2 do not apply to the extent that 2key has assumed a guarantee or is otherwise liable according to mandatory Israeli law.

4. 2key is not liable for any damages caused by its Advertiser Partners. Warranty claims with respect to products or services purchased from a Partner may only be asserted against such Partner.

5. 2key is not liable for links generated by 2key that are used or modified by the User in violation of these Terms of Use, in particular in case of an infringement of the rights of third parties.

6. 2key assumes no liability for the correctness and completeness of the content provided on the Website. In particular, 2key is not liable for the descriptions and representations of products, services, Advertiser Partners, and rewards.

7. 2key assumes no liability for the availability of products and/or services offered by the Advertisers on the 2key service and website.

8. 2key assumes no liability for the reliability and performance of its Partners, or for the quality of the products and services offered by its Partners.

9. 2key assumes no liability for the deliverability of recommendations.

Data Protection And Property Rights

1. You are encouraged to read 2key’s privacy policy that governs to the protection of personal data by 2key.

2. All rights pertaining to the Website and its content, any Advertiser Partner’s website and its content, internet domains, the technology underlying the 2key service and trademarks and logos of 2key or its Advertiser Partners, as well as all copyrights, database rights and name rights, design, utility and patent rights, and all licenses to use such Rights that currently exist or will be created, granted or transferred in the future, are hereinafter referred to as “Rights”. 2key (or its Advertiser Partners, respectively, with regard to the websites operated by such Partners, including the content of such websites and the Partners’ logos) is the exclusive owner of all Rights. These Terms of Use do not grant or transfer any Rights to Users. 2key grants the User a personal, limited, non-exclusive, revocable and non-transferable right to use the 2key service in accordance with these Terms of Use. This right of use ends with the termination of this agreement. The User undertakes not to reproduce, copy, impersonate, modify, decompile, exploit or use any content or technologies protected by these Rights, or make it available to third parties, without prior written consent from 2key or its Partners, respectively, unless such use is consistent with these Terms of Use and the intended use of the 2key service.

Termination

1. This Agreement may be terminated without cause by either party with three (3) days notice. The right to terminate with cause without notice remains unaffected.

2. 2key has the right to terminate this Agreement without notice if you breach any of your obligations referred to in § 1, § 7 and § 8, and to block your 2key account with immediate effect.

3. The termination must be made by email to hello@2key.co You must send your termination notice to the address or email address stated in § 4. 2key will send any termination notice to the email address specified by you during registration.

4. Upon effectiveness of the termination, 2key will disable and delete the User’s 2key account and block the access of the User to the 2key service.

Modifications

1. 2key has the right to enter into new cooperations with Advertising Partners or to terminate existing cooperations with Advertising Partners at any time.

2. 2key reserves the right to change the 2key service at any time, provided such change does not affect material performance obligations at the time of change, or that sufficient time has been given for such obligations to get resolved by all relevant parties, in accordance with applicable law.

3. 2key may change these Terms of Use at any time with effect for the future. Changes of these Terms of Use will be communicated no later than four (4) weeks prior to their taking effect to registered Users by email and will be made available on the site. The changes shall be deemed accepted by the User, unless the User explicitly objects in writing to particular within two (2) weeks after receipt of such email. 2key will point out this consequence in its email.

Miscellaneous

1. This Agreement including these Terms of Use are exclusively governed by Israeli law, expressly excluding the rules of the United Nations Convention on Contracts for the International Sale of Goods (CISG).

2. If any provision of these Terms of Use is invalid in whole or in part, the validity of the remaining provisions of these Terms of Use shall remain unaffected. The invalid provision shall be replaced with a provision that comes as close as possible to achieving the objectives which the invalid term was meant to achieve.

3. The place of the fulfillment of all contractual obligations is Tel-Aviv, Israel.