These terms are the agreement between your business and us about your use of Famoka as a brand. By creating a brand workspace you accept them, together with our Privacy policy.
1. Who we are
Famoka (famoka.com) is run by Douglas Anthony Silkstone, company number (IČO) 10911243, with registered office at Nademlejnská 600/1, Hloubětín, 198 00 Prague 9, Czechia. In these terms, "we", "us" and "our" mean Douglas Anthony Silkstone.
You can reach us at [email protected].
2. Business use only
- Famoka is for businesses. You confirm that you are creating a brand workspace for a business, that you have the authority to bind it to these terms, and that the details you give us are true.
- Everyone you invite to your workspace must be authorised to act for your business. You are responsible for what they do in it.
- You must verify the website you give us. We verify it when you sign in with an email address on the same domain, or when you publish a DNS record we give you. Only one brand workspace can hold a verified claim on a domain.
- A new brand workspace starts in review. It can be set up, but it isn't listed in the marketplace until we approve it. We can decline, suspend or remove a brand from the marketplace, and we tell you why unless the law stops us.
3. Programmes
- Some brands are listed through an advertising network programme. Where a brand already runs a programme on a network that we are a publisher on, the network's own terms and approvals govern it, and we apply the programme's rules to the creators who join.
- A brand can also run a direct programme on our own tracking. You choose the rewards (a percentage of a sale, a fixed amount, a reward per product, a reward on a first order, or tiers), the countries, the tracking window, the groups of creators and the rules, including which kinds of promotion are allowed.
- A cut to rates, windows, countries or groups reaches creators who have already joined 30 days after you make the change. Increases apply at once.
- Creators join brands, not individual programmes. Creators see one brand with one set of rules.
4. Tracking and attribution
- On direct programmes, a creator's discount code beats a click. Otherwise the last click within your tracking window wins. We carry each click in more than one way, because consent banners, in-app browsers and "buy it now" buttons lose clicks.
- When a network also reports the same order, the network's sale wins. We match them by order number only.
- You must install our tracking correctly and keep it working. We can't credit sales that weren't tracked.
5. Approving sales
- You have between 7 and 90 days, by default 30, to approve or decline each sale on a direct programme. A sale you haven't approved or declined when the window ends counts as approved.
- Every decline needs a reason, which the creator sees. Decline sales that are cancelled, returned before approval or fraudulent. Don't decline a valid sale to avoid paying.
- A refund after you have approved a sale doesn't take the creator's money back.
6. Our fees
- Our fee goes on top of what creators earn. It is 15% of the reward on commission rewards (sale and lead rewards on direct programmes, and performance bounties) and 10% of the payment on paid content (briefs, fees per 1,000 verified views, retainers, submission bounties and kill fees). For example, if you pay creators 10% of each sale, you pay 11.5% of the sale in total.
- There is no monthly fee, set-up fee, seat fee, payout fee or fee on sales. Creators pay us nothing, and creators are never shown our fee.
- These are our standard rates. We can agree a different rate with you in writing, and it applies from the date we agree.
- A fee is worked out on each reward when it is created and doesn't change afterwards. Fees are rounded down.
- Fees are stated without VAT. VAT, or a reverse-charge note, is added to invoices according to where your business is. Businesses in the EU outside Czechia must give a VAT number that passes the EU's VIES check.
- If you only run network programmes and no direct programme or paid content, you pay us nothing.
7. Paying
- Commission is charged weekly, after sales have been approved. There is no prepaid wallet and we don't hold your money in advance for commission.
- Each paid brief is funded before work starts and set aside for that brief. Money that isn't spent on it is refunded to you.
- You pay by card, by direct debit or by bank transfer, in US dollars, euros or pounds, whichever you choose when you set up billing. Brands that install through an app store may pay our fee through that store's billing, as the store requires.
- If a charge fails we allow a short grace period and then pause your programme. Creators keep what they have already earned and are paid when you pay. We never pay creators from our own money when a brand doesn't pay.
8. Paid content
These rules apply to paid briefs when they are available, in addition to the terms of each brief.
- A brief states the work, the pay, the deadline and the requirements. Approved work is held 7 days before it is payable to the creator.
- You can reject work only by pointing to a written requirement in the brief. Revisions are capped. If you reject work after the allowed revisions, the creator receives 50% of the fee.
- If you don't respond within 5 business days of work being submitted, the work counts as approved.
- Creators keep ownership of their content. You receive a written licence for each piece of work saying which channels, for how long, where, what edits and what credit.
9. Creators and their data
- You see a creator's public profile. Anything more needs the creator's say.
- Social data comes only from the platforms' official interfaces and the creator's own sign-in. Don't collect creator data from Famoka by scraping or other automated means.
- Don't use creator data from Famoka to rank, profile or discriminate between creators across platforms in ways the platforms' terms forbid.
10. Rules you must follow
- You are responsible for your products, prices, claims and offers, and for complying with the law that applies to them. Don't ask creators to make claims you can't support, or to hide that content is promotional. Our Disclosure policy applies to every creator.
- Don't ask for fake reviews, fake testimonials or fake activity. Don't sell goods or services that are illegal or that our Acceptable use policy doesn't allow.
- You give us a licence to show your brand name and logo in Famoka and in what we generate for creators to share.
- Anything a brand pays to place higher in Famoka is labelled "Sponsored". Organic ranking never uses what a brand pays us or our share of a commission.
11. Closing your workspace and suspension
- You can close your brand workspace at any time. Fees and rewards already owed stay payable, and creators keep what they have earned.
- We can suspend or close a workspace that breaks these terms, or that we reasonably think is being used for fraud or is putting creators or shoppers at risk.
12. Changes to these terms
When we make a change that matters we publish a new version with its date, keep the old one available, and ask you to accept the new version before you take actions that depend on the terms.
13. Liability and the law
- We provide Famoka with reasonable care. We don't promise that it will always be available or error-free, or that creators will promote your brand or generate sales.
- Nothing in these terms limits liability that can't be limited by law.
- These terms are governed by the law of Czechia, and disputes go to its courts.
14. Contact
Questions about these terms: [email protected].