Linkfire's Frequently Asked Questions page is a central hub where its customers can always go to with their most common questions. These are the 142 most popular questions Linkfire receives.
Note: this feature is reserved for Business Plans users
Linkfire is built to empower you to promote your music, but marketing a new track or album can begin long before its available to your fans. Pre-release links are a great way to drive engagement, gain new followers and increase streams, while building momentum prior to an upcoming release.
With Linkfires pre-release capabilities, you can create a link from which fans can select to automatically add an upcoming track or album to their Spotify library the moment it goes live! Plus, you can add them to your email list, and keep them updated about new music releases, upcoming tour dates, and much more! Read more about how to set up a pre-release link in the following sections.
1.Setup your pre-release link 2.Edit your pre-release link 3.Add other services to your landing page 4.Customize pre-release landing page and social cards 5.Export Fan data 6.What happens on release date?
1. Setup your pre-release linkTo set up a pre-release link start by clicking on the Create Link button and choosing the link type Pre-release.
Then click Continue and you will be directed to a section where you can add more details about the upcoming release.
Start by giving your pre-release campaign a descriptive working title(NOTE: This will only be seen inside the Linkfire platform and will not be visible to fans). Fill out the artist name and other tags to easily and quickly filter on keywords later on.
Customize the pre-release link by adding a domain from your drop down menu and add a new short code.
When youre done, click Create Draft and you will be redirected to the edit page to set up your finalized pre-release link.
2. Edit your pre-release link
Start by choosing which pre-release services to activate during the pre-release period. We currently offer Spotify and Facebook Messenger.
You may not have the Spotify URL when first setting up a pre-release link, but thats not a problem. Just be sure to activate the Spotify pre-save and add it prior to release date, so that the content is added to the users library. To do this, go to the General section, where you can enter a source link and add a time/date for when the album or track is scheduled to go live. This will allow the pre-release link to be rescanned at the right time. After this takes place, the call-to-action button on the landing page will change from Pre-Save to Play. However, you can further customize it to fit your needs.
Choose which sections should be scanned and updated on the release date. You can do this by clicking the Scan settings icon and de-selecting the sections you do not want to scan once the release is live.
Notify on MessengerActivate Notify on Messenger if you wish to connect fans to your messenger service and announce when the release is out via a message on Facebook. To use this feature you need a third party Messenger notification service like Sendmate to provide you with a link to add in the destination box. Stay updated on Facebooks policies for Subscription Messaging here.
3. Add other services to your landing pageYour release will likely also be available for pre-order and pre-release on other platforms. To add other services, such as Apple Music, to your pre-release landing page, go to Service destinations and manually add each service by clicking the blue + add service icon and type in the name of the service (e.g. Pre-add on Apple Music). Then manually paste in the link for the pre-add/pre-order and the service will be added to the landing page, along with the Spotify pre-save. For Apple Music pre-adds and iTunes pre-orders, we recommend using their geo-link option. This can be found here: https://linkmaker.itunes.apple.com
4. Customize pre-release landing page and social cardsYou can customize the landing page and social cards shown when sharing the link on Facebook and Twitter. Please refer to the article on how to customize the landing page for a release link for more information.
Once youre happy with your landing page setup, click the green Publish button in the top right corner. Now youre ready to Get your link and start sharing it. To get accurate and detailed insights on where your fans are finding your links, we recommend using channels when sharing your links. Read more about Linkfires Channels feature here.
5. Export fansAfter your pre-release link has been shared you can export the user data collected when fans authorize the Spotify pre-save and use this data to reach out to them with information about the upcoming release, merchandise, contests, special offers, etc. The data you get from this export is: name, email, country, Spotify account type and timestamp for the authorization.
Consider rewarding fans who add the pre-save via giveaways, private tracks, private greetings, etc.
6. What happens on release date?
On the day of your release, the input source URL will be scanned at the time specified when you first created the link. Any services for which matches are found will be added to the landing page. If theres a match on Spotify, the call-to-action text will change from Pre-Save to "Play".
When the release is live, the pre-saved track or album will automatically be added to the users Spotify library, helping boost first day and all time streams. Additionally, the user will begin following the artist.
View ArticleWelcome to the new Linkfire. Designed to be faster, more scalable, and tailored to your needs. We've added and improved a bunch of features, and there's even more to come.
Note
The links created in the new Linkfire will not be available in the previous version.
For a short period of time, while both versions of the Linkfire platform exist, the new Linkfire will redirect you to the old system when you access links or board settings that were not defined in the new system.
Bookmark path to the new Linkfire: https://app.linkfire.com/
Bookmark path to the previous Linkfire: https://v1.linkfire.com
Check out the comparison chart below to get a quick overview of the new updates and features, and read on for more details.
Learn more
New Link Types
Pre-release links(Premium feature)Create links and landing pages prior to a release to drive engagement, gain new followers, and increase streams. Learn more
Tour promotion linksPromote tours and ticket sales with automated links and landing pages for tour dates with our new Bandsintown integration. Only input the artist name and we'll automatically find information about all the tours. Increase ticket sales and retain the familiar Linkfire insights tracking the fan behavior every step of the way.
Bandsintown Ticket links
Manual Ticket Links
Podcast linksSimilar to a release link you can set up a podcast link with a landing page linking to several popular podcast services. Learn more
A full overview of different link types
More Data
Apple Music streaming insightsSee what happens after fans click through to Apple Music. Discover which of your links, channels, and activities are actually driving streams, and where those streams are coming from. Learn more
Pandora conversion data (US only)Our exclusive data partnership with Pandora allows you to access streaming conversion data from Pandora directly in your Linkfire insights. Learn more
Other integrationsWeve partnered with Boomplay Music and Aghami to give you streaming insights from two of the worlds fastest-growing music markets - Africa and the Middle East. Leading merchandise service Merchbar is among our other new integrations, and includes automated search and sales data. Learn more about the Merchbar partnership
New Capabilities
Duplicate linkCreate a new link that duplicates the settings from an existing link.You can use that in case you want to create handy templates, for example. Learn more
Deep linking to tracks in Spotify PlaylistsIt is now possible to scan Spotify links (note! only available for certain Spotify curated playlists) that are deep linking to a specific track on a Spotify playlist. As a result, your visitors will be taken straight to the song you want to promote within a playlist when clicking through to Spotify from your landing page.
SnapChat pixel integration(Premium feature)With Linkfires Snapchat Pixel integration you can create audiences for retargeting and measure and optimize your Snap ad performance. Learn more
Improved Features
Updated widgetEmbed a widget on your website with an audio preview of your landing page. Learn more
Revamped conditional redirects(Premium feature)Personalize link behavior and redirect visitors to alternative destinations.
Improved search optionsYour link feed search is much faster and weve added several new search parameters so you can search on Title, Artists, Tags, Link type, Domain, or Shortcode.
In Development
Sharing Link Insights
View ArticleGet fans buying merch straight from your smart links with Linkfire's Merchbar partnership. Merchbar is a music merchandise and apparel platform that offers loyal, passionate fans access to the worlds largest collection of official offerings from thousands of genre-spanning artists, bands, and groups. Our partnership gives you conversion data on consumers actions in Merchbar after they click through from a Linkfire smart linkproviding you with vital information on how to best market and promote future merch sales.
click here
On top of the conversion data, Merchbar is also an automated integration on Linkfire. That means when you create a release link for an artist who has their merch on Merchbar, well automatically add Merchbar and a link to the artist store to the landing page destinations.
How it works
Merchbar is a default service destination on all new boards created (and links made in those boards). Youdon'thave to add it to your service destinations, it will be there by default. Make a release link for an artist, and ifthey'reon Merchbar, well automatically add Merchbar to that links landing page destinations.
Add Merchbar to an already existing board or link - learn how.
Remove or change the order of services - click here for more information.
Merchbar insights explained
Merchbar conversion data can be found in the Insights section of your link, under Sales. Sales shows an overview of items sold and total earnings for the time period chosen in the top right corner. In the Sales breakdown section you can sort your sales, including those through Merchbar, by both Product and Store.
Select Product for a list of different product types, and the stores through which the sales were made.
Choose Store to sort your sales by specific stores, such as Merchbar.
If you'd like to find out more about partnering with Merchbar, please.
View ArticleYou can upgrade your Linkfire subscription at any time. While we're currently working on building a self-service upgrade option into the platform, for now, you will have to get in touch directly specifying which plan you would like to upgrade to. You can get a full overview of the different plans here.
Get in touch at:
[email protected] (for Personal and Basic clients)
[email protected] (for Business and Premium clients)
We will handle your change of subscription for you, and you can start creating links on your new plan right away.
View ArticleWhen you share your Linkfire links, we collect performance data at every point of your conversion funnelfrom traffic sources and locations to volume and type of conversions. This helps you understand how your links are performing and enables you to optimize the performance of your future marketing efforts.
You can access insights for each individual linkyou'vecreated with Linkfire, as well as general insights for every board youre using.
Link Insights
To access the insights page for a specific link, hover over the link image and click on Insights.
Pandora streaming insights
The Insights page is structured in tabs displaying different metrics:
Overview: a high-level glance at link activity and performance over time
Sources: a display of all the traffic sources for your links as well as the performance of your channels
Services: maps out click-throughs for each service
Locations: an overview of the geographical sources of traffic for your links
Sales: a breakdown of items sold and earnings on each store (not available on Personal Free plans)
Streaming: an overview of the streaming activity (Not available on Personal Free plans)
Header
The header at the top of the Insights page indicates the name and the type of link you are looking at, along with an option to export your insights.
You can filter your insights based on pre-set or custom time frames. This filter will be applied to all the data tabs.
Overview
The overview page offers a high-level glance at link activity and performance over time. Hover over a metric and click the i which appears for more information about what it measures.
A list of definitions is also offered below:
Visits: is the number of times the link has been visited by actual people. Repeated visits are counted. Bots, scrapers, and preloads are not included.
*Hover over the Visits overview for the following metrics:
Clicks: non-unique pageviews including bots and spiders etc. Repeated hits are counted.
Sessions: Activity in a 10-minute timeframe in which activity (repeated page views and engagements) is counted as unique.
Unique visitors: The number of individual people who have visited this link/links on this board at least once.
Bounce rate: the percentage of visits to your landing page where the visitor closed the page without doing anything.
Engagements: the number of times a visitor has engaged with your link in some way, for example by previewing the sample on your landing page or clicking through to a service.
Engagement rate: the percentage of engagements on your link against the number of visits.
Click-throughs: the number of times a visitor has clicked through to a destination on your link.
Click-through rate: the percentage of click-throughs on your link against the number of visits.
Conversions: the number of tracked conversions, such as sales or streams, that we can attribute to your Linkfire link. This number does not include conversions from sources that have not been integrated with Linkfire yet.
Conversion rate: the percentage of conversions on supported services against the number of click-throughs.
Sources
This section will give you an overview of the distribution of your traffic sources for your links based on the channels (for Business plans only) or activity IDs you defined when creating the link, as well as referrals to your link, which are automatically detected. For each of the three tabs, you can see the data sorted into Visits, Click-throughs, and CTR (click-through rate).
Channel distribution: the channels section displays the number of visitors that reached your link through specific channels, as defined when creating the link - learn more about how to set up Channels for detailed tracking.
Referrer distribution: this section displays the distribution of visitors that have been referred to your link from specific sources. Referrers are automatically detected by Linkfire, and when it is impossible to detect the source of the traffic, the data will be displayed as Unknown. We are not able to differentiate between different internal sources on the same platform. For example, if you share a link across two different Facebook pages at three different times of the day, you can track all six instances using a combination of Channels and Activities. All six instances will be filed as facebook.com on the Referrer overview - learn more on how Referred information is collected and reported.
Activity tracking: In addition to tracking your traffic by Channels, you can also associate a certain Activity with your link each time you share it. You can, for example, use activities to track the performance of the same link shared at different times of the day - learn more about how to use Activities.
Services (for release and playlist links only)
Use this overview to see which music services your click-throughs went to. Services are listed by the number of click-throughs.
Locations
This section shows where your link visitors are located. All the data is displayed by Visits, Click-throughs, and CTR, and you can choose to view either Countries or Cities.Sales - (for Premium clients with affiliate programs only)
This insights section will display an overview of the items sold and total earnings for the past months as well as a sales breakdown on product types or stores.
Streaming
The streaming section shows fan activity inside of select services, after they click through from a Linkfire link. The top overview displays number of streams by service. For more detailed insights, hover over a services name and click View streaming breakdown.
The stats in these breakdowns vary between services. They can include the number of streams, saves, and shares your music has received, or details about the countries or cities where streams on your tracks originate.
Learn more about Apple Music streaming insights
Learn more about
Board Insights
To access your board insights, click on the Insights tab on the top menu when logged in to Linkfire.
Board Insights page explained - (for Premium and Business clients only)
Board insights are structured in the same way as Link Insights, with the same metrics shown (apart from Streaming, which is only available in Link Insights). Every metric displayed is an aggregate of the exact same values for all links on that specific board.
In addition to the same insights displayed on the Link Insights page, the Board Insights also contain a Links section that shows how each individual link on that board performed.
You can choose to display the list of links on that page based on Visits or Click-through rate by selecting Show Visits or Show Click-through rates in the upper right corner of the table.
In the overview based on Visits, the Distribution column displays the percentage share of the link visits from the total number of visits on the board.
In the overview based on Click-through rates, the Click-throughs column displays the number of times a visitor has clicked through to a destination on your link.
View Articletheweeknd.co/starboy
Discover which of your links, channels, and activities are actually driving streams on Apple Music, and where those streams are coming from. You can now match your off-platform campaigns with on-platform behavior and cut down on budget burners.
How to see Apple Music streaming activity
Streaming numbers from Apple Music are available when:
Apple Music is placed #1 on your landing page links
OR
You drive fans directly to Apple Music using direct-to-service links
AND
10 or more Apple Music users have taken the same action (e.g. streamed one of your releases).
Frequency: Apple Music data is updated daily rather than instantly, sodon'tworry if youdon'tsee immediate changes in your streaming numbers.
Apple Music Insights explained
The Streaming overview shows you how many streams your links have received on the services listed.
Click on Apple Music for a more detailed breakdown, with the streams sorted under three different headersProducts, Countries, and Cities.
Products
Under this section, you can see releases that have generated streams on Apple Music through your Linkfire links. While your own content is listed by release name, streams on other music in Apple Music generated from your links are grouped together under the name Indirect products.
Countries and Cities
Under this section, you can get a detailed picture of your worldwide fanbase. Use it to make informed decisions on scheduling tour dates or revise the locations youre targeting with advertising and promotions.
Q&As
What are "Indirect products"?
All of the Apple Music streams reported in your Insights are categorized as either "Direct products" or "Indirect products."
"Direct products" refers to songs, albums, playlists, or music videos directly linked to by a given Linkfire link. You'll see these listed in Insights by the name of the song.
Example: A fan clicks on the album link theweeknd.co/starboy and goes to Apple Music and starts listening to songs on the Starboy album.
"Indirect products" are other songs accessed through your Linkfire links that aren't the "Direct product." These are all collected under the "Indirect products" name.
Example: A fan clicks on and goes to Apple Music and starts listening to a Drake album.
If a user navigates away from a "Direct product" but then plays that same song through a different inventory reference (playlist, album, etc.), this stream will be counted as "Indirect product."
How long does the window for reporting on streams last?
Fans' streaming activity is tracked for 30 minutes from the moment they click through to Apple Music from your Linkfire link.
Are all Apple Music streams reported?
A song needs to be streamed for over 30 seconds on Apple Music to be reported, similar to the way that royalty payouts are triggered.
View ArticleUsing Linkfires integrations with Facebook, Google Ads, and other ad networks, you can add visitors to your Linkfire landing pages to retargeting audiences for future marketing.
However, just because your link received a certain amount of visitors, that doesnt mean your corresponding retargeting audiences will have the same amount of reachable users. This is perfectly normal. You can read about some of the reasons for this below. Some of them specifically apply to Facebook audiences, but the same principles are applicable to all ad networks.
Repeat vs. unique visitorsLinkfire mainly reports on sessions, where the same user may visit your links several times over a day, a week, or even months. No matter how often this user visits your link(s), they can only be added to your Facebook audience once.
User doesn't consent to trackingLinkfire takes privacy seriously and complies fully with GDPR and other regulations by asking EU users for permission to load tracking scripts. Many users decline tracking, which will decrease the percentage of visitors who are added to your Facebook audience.
Tracking blocked by ad blockersIn a survey, 40% of internet users on desktop and 15% of internet users on mobile reported using an ad blocker*. This prevents Facebook from identifying those users and including them in your audience.
Users not logged in to FacebookFacebook identifies visitors to your Linkfire links and adds them to your audience if that user is currently logged into Facebook in the same browser. If, for example, a user clicks on your Snapchat ad and opens your Linkfire link in Snapchat's in-app browser, Facebook will not be able to identify that user.
*https://marketingland.com/survey-shows-us-ad-blocking-usage-40-percent-laptops-15-percent-mobile-216324
View ArticleCertain Facebook video ad formats can change the way that Linkfire landing pages are displayed. It causes the landing page to load below the playing video ad, meaning that the list of music services is pushed further down the screen and not visible for users. This can cause confusion, and result in lower than normal click-through rates.
To solve this problem, you can hide the artwork portion of your landing page, to only display the list of music services below your video ad. This can be done in two ways:
1) Add the channel Hide Cover like in this example https://lnk.to/velveteintestHC
To do this, go to Board settings and then Channels. Add a channel with the code HC and name Hide Cover, and select Owned as the type. Click Add and then Update.
https://lnk.to/velveteintest?showcover=false
Now, simply select the Hide Cover channel when youre getting your links.
2) Alternatively, you can add a special URL parameter to your link. Just copy and paste ?showcover=false to the end of your link, like in the example below.
Example
View ArticleThis article will guide you through how to set up custom conversions to optimize your Facebook advertising and improve your click-through rates. Rather than targeting the people that click on to your landing page, why not target the people who click through to the music services? This is where Facebooks custom conversions come in. To set up a custom conversion, make sureyou'vefirst set up your retargeting pixel with Linkfire. If you havent yet follow the guide below.
Facebook Pixel Instructions
Once you've done so, Facebook will receive custom parameters from Linkfire that you can use to create your custom conversions.
How to create a custom conversion
Log in to your Facebook Events Manager and head to the section Custom Conversions and click on Create Custom Conversion.
Facebook here
In the following setup, select LF as the website event in the dropdown pictured below, so you can fully utilize Linkfire's custom parameters.
Add rules to refine your custom conversion and choose Event parameters to select between Linkfire's custom parameters to customize your audience in detail. Find a full list of Linkfires custom parameters here.
For example, if you want to target everyone who clicked through to a music service from your landing page, choose the Event Parameter action => contains => service as shown below.
Use your custom conversion in your Facebook ads
Whenyou'vecreated a custom conversion its time to start using it in your Facebook ads to optimize on URL traffic and conversions to music services. When creating a Facebook ad you can target it towards your new custom conversion. In order to do so, start by selecting Conversion as your objective.
Next, under Ad set, you can select the custom conversion for either website, App, or Messenger depending on where youre running your add.
Onceyou'veadded your custom conversion, continue setting up your ad with audience, placement, budget, and schedule as for any other ad. Learn more via .
View ArticleLink level
You can choose to add music stores or service destination to a particular link if we already have the service integrated. Heres how:
1. Go to the Edit section of your link.
2. Select Service destinations and scroll down to the bottom of the page where you will see a blue + sign with the text Add service.
automated integrations here
3. Type in the service destination youre looking to add and select it.
4.If the service is an automated integration, Linkfire will automatically find a match on the service once you perform a rescan. To rescan, click on the service, and select the three dots symbol. Click "Rescan" and schedule a time for the rescan.See a list of our .
5. If the service is not an automated integration, you'll need to add it manually. To do this, find it in the list of services, click Edit, and paste in the URL for that specific service.
---
Board Settings
For Business plans only
Alternatively, you can add a new service destination directly to your "Board settings" under Services section.
This way your selected store or service will automatically appear on all links created within that board. You can also remove unwanted services from your board settings by clicking x next to the name of the service.
If the music service youre looking to add is not available, Business plan users can request to add a new service or retailer. Just reach out to your dedicated account manager who will help you set it up.
View ArticleOur data partnership with Pandora allows you to access streaming conversion data from Pandora directly in your Linkfire insights.
Pandora is an automated integration on Linkfire so you can easily use Pandora as your source link to search for music matches across other automated music platforms. Just like youre already doing with iTunes and Spotify links.
The advanced attribution data we provide for Pandora links means that whenever visitors click through to Pandora, you will be able to see conversion data for the following events:
Play
Save
Share
Start a radio station
This enables you to benchmark streaming performance to links. By acquiring this data you will now be able to track the full funnel of your campaigns and see direct effects of your marketing activities.
Pandora insights explainedPandora insights can be found in the Insights section of your link under Streaming.
The Streaming activity section shows how many click-throughs to Pandora in the US have resulted in a conversion. It is then broken down into four conversion types - plays, saves, shares, or started radio, followed by a graph showing the performance over time.
The Streaming Breakdown shows what products the conversion was related to and gives you knowledge about what other products/songs have been played, saved and/or shared after the conversion.
View ArticleWhen you share your Linkfire links, we collect performance data at every point of your conversion funnel (from traffic sources and locations to volume and type of conversions) to help you understand how your links are performing and enable you to optimize the performance of your future marketing efforts.
You can access insights for each individual linkyou'vecreated with Linkfire byhovering over the link title and click on Insights.
Pandora in the US
The Insights page is structured in tabs displaying different metrics:
Overview: a high-level glance at link activity and performance over time
Sources: a display of all the traffic sources for your links as well as the performance of your channels
Services: maps out click-throughs for each service
Locations: an overview of the geographical sources of traffic for your links
Sales: a breakdown of items sold and earnings on each store for Premium clients with affiliate programs only
Streaming: an overview of the streaming activity (currently only for Pandora in the US)
Header
The header at the top of the Insights page indicates the name and the type of link you are looking at.
You can filter the data based on pre-set or custom time frames as well as by activities, referrers, device types, operating systems and music services. The filters will be applied to all the data tabs.
You find date and filters on the right-hand side on the insighst page.
Overview
The overview page offers a high-level glance at link activity and performance over time. You can hover over each metric to get a definition of what it measures at the information i.
A list of definitions is also offered below:
Visits: is the number of times the link has been visited by actual people. Repeated visits are counted. Bots, scrapers, and preloads are not included.*Hover over the Visits overview for the following metrics:
Clicks: non-unique pageviews including bots and spiders etc. Repeated hits are counted.
Sessions: Activity in a 10-minute timeframe in which activity (repeated page views and engagements) is counted as unique.
Unique visitors: The amount of individual people who have visited this link/links on this board at least once.
Bounce rate: the percentage of visits to your landing page where the visitor closed the page without doing anything.
Engagements: the number of times a visitor has engaged with your link in some way, for example by previewing the sample on your landing page or clicking through a service.
Engagement rate: the percentage of engagements on your link against the number of visits.
Click-throughs: the number of times a visitor has clicked through to a destination on your link.
Click-through rate: the percentage of click-throughs on your link against the number of visits.
Conversions: the number of tracked conversions, such as sales or streams, that we can attribute to your Linkfire link. This number does not include conversions from sources that have not been integrated with Linkfire yet.
Conversion rate: the percentage of conversions on supported services against the number of click-throughs.
Sources
This section will give you an overview of the distribution of your traffic sources for your links based on the channels or activity IDs you defined when creating the link, as well as referrals to your link which are automatically detected. For each of the three tabs, you can choose to display the data either by Visits or Click-through rate.
Channel distribution: the channels section displays the number of visitors that reached your link through specific channels, as defined when creating the link - click here to read about how to set up Channel for more detailed tracking.
Referrer distribution: this section displays the distribution of visitors that have been referred to your link from specific sources. Referrers are automatically detected by Linkfire, and when it is impossible to detect the source of the traffic, the data will be displayed as Unknown. We are not able to differentiate between different internal sources on the same platform. For example, if you share a link across two different Facebook pages at three different times of the day, you can track all six instances using a combination of Channels and Activities. All six instances will be filed as facebook.com on the Referrer overview - click here to read more on how Referred information is collected and reported.
Activity tracking: In addition to tracking your traffic by Channels, you can also associate a certain Activity with your link each time you share it. You can, for example, use activities to track the performance of the same link shared at different times of the day - click here to read more on how to use Activities.
Services (for release and playlist links only)
Use this overview to see which music services your click-throughs went to. The page displays a distribution between service type (streaming / download / physical) as well as a list of services based on the number of click-throughs and percentage of the total.
Locations
This section displays the cities and countries your visitors are reaching your link from. In addition to the absolute numbers of visitors, this overview also shows the percentage of visitors in one particular location compared to the total number of visitors.
You can also choose to see the click-through rate for each city, and the number of click-throughs from each particular location.
Sales - for Premium clients with affiliate programs only
This insights section will display an overview of the items sold and total earnings for the past months as well as a sales breakdown on product types or stores.
Streaming
The streaming overview shows the click-throughs to streaming services and corresponding conversions. At the moment, this information is only available for .
View ArticleThere are a number of factors you can customize on your landing page, like the order of the service destinations showed on your landing page, adding a custom description of the link, customize the copy in the buttons for the music services, and choose whether or not you want a specific music service displayed on the landing page or not.
To get started head to the Landing page section.
click here to learn how.
In this section, you can customize Services, Artwork and Media and Description by choosing between the three different boxes in the top right saying Select which section to customize.
ServicesChange the order of your service destinations for Default and specific territories by dragging them up and down. Click Edit to change the text for the CTA buttons and also to de-activate services youdon'twant to show on your landing page. An updated preview of your landing page is at all time visible on the left side of the screen.In addition, you can select whether to redirect visitors to their preferred service without visiting the landing pageor let them choose from the different available services on the landing page. To enable this, scroll to the sections "Miscellaneous" at the bottom of the services lists and check the box for redirect returning visitors automatically.
Looking to add a service
Artwork and MediaChange the artwork on the landing page if you wish to have another artwork than the one Linkfire per default pulls from the metadata of the scan. There is also an option that allows you to enable (or disable) a media sample to your landing page by picking one of the suggested services or adding a Youtube video.
DescriptionIn this section, you can edit the title and the paragraph of your landing page and customize it for different territories. For line breaks in the paragraph text press the return key.
View ArticleNote: this feature is reserved for Personal Pro, Business plan and Premium users
To reorder service destinations on your landing page, head to the "landing page" section when editing your link.
The section Destinations is where you reorder your service destinations. Simply drag and drop the different music services to change the order and click "done" to save.
To deactivate a service destination click "edit" and uncheck the services you wish to remove from your landing page. You can at all times see a preview of the landing page to the left. Hit "done" to safe.
View ArticleWere always happy to answer any questions you might have about Linkfire.
If youcan'tfind what youre looking for in the Help Center, please reach out. Just find the plan you subscribe to and the matching support email address from the list below. Don't know what plan you're on? Sign in to your account and check your "Subscriptions" in "Profile settings".
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Personal Starter and Pro
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Business Essential
Biz. Advanced, Premium, and Enterprise
Account Manager
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View ArticleLink shortcuts
There are many shortcuts that can save you time when youre navigating your boards and editing your links. These shortcuts can be applied by simply adding them at the end of your Linkfire links.
Example: lnk.to/modernage/board
List of shortcuts:
/board Takes you to the board where the link was created.
/edit Takes you to the edit panel of your link.
/insights Takes you to the insights panel of your link.
/lang/ISO code Lets you see how your landing page looks in different territoriesjustadd the country code of your choice. Please use ISO 3166-1 alpha-2country codes, they can be found here.
/widget Shows you the embeddable widget created for your links.
Functional URL parameters
Add URL parameters to the end of your links to change how your landing pages are displayed to fans. These are audience-facing parameters, and different from the shortcuts which are just for Linkfire users to use in-platform.
Example: lnk.to/modernage?autoredirect=false
?autoredirect=false Disables the auto-redirect, and shows the landing page even if there is only one service available to choose from.
?showcover=false Hides the cover art on the landing page, so the description appears at the top of the page followed by the list of service destinations. (You can obtain the same result by using a channel named Hide Cover in your link.)
View ArticleLinkfire has more than 40 automated service integrations. Every time you create a release link Linkfire’s scanner uses the source URL to search across all the services we have automated integrations for to find the same item on those services and give you a match.
In addition, we support hundreds of manual integrations and as a Premium client you can also add your own integrations such as different custom stores and web shops or request a new music service. To do so, just get in touch with your dedicated account manager and we’ll help you set it up.
In your board settings you can specify which services you would like to have as default or available in specific territories. For automated integrations, the match will automatically be added to your ‘Music matches’ section. However, for manual integrations, you will have to copy/paste the specific URL from the respective service and then add it manually.
To give you an easy overview, we have added a list of all our automated integrations in an alphabetic order below.
7digital
Amazon CD & Vinyl
Amazon MP3
Amazon Music
Anghami
Apple Music
Apple Music Video
Bandsintown
Beatport
Boomplay
Claro Msica
Deezer
Flight13
Google Play
hmvjapan
iHeartRadio
iTunes
Jammer
Joox
JPC
KKBOX
Lickd
LINE MUSIC
Media Markt
Merchbar
mitracks
Mora
MUS
Musicmatch
Napster
Onkyo Music
Pandora
Presto Classical
Primephonic
Qobuz Streaming
Qobuz Download
Rakuten
RECOCHOKU
Rough Trade
SATURN
SoundCloud
Spotify
TELMORE Music
Tidal
Tower Records
Traxsource
Tsutaya Online
Vodafone
Yamano Music
YouSee Musik
Zonga
View ArticleOnce you've created a smart link, you're ready to share it with your fans. But how do you actually get them clicking through? To increase your number of visitors, we recommend posting it in as many places as you can. Smart links work across the web, from social to email, so why post it only once?
Here's a video guide to some of the best places to share your link. Below, we've put together the written version of the guide, plus some bonus tips.
Social media bios
Smart links fit perfectly in your Instagram bio, Facebook About page, and Youtube channel description. These are where you tell the world who you are and what youre up to, so theres no better place to shout about your latest release.
here
Social posts
Tweets, Facebook posts, Grams your link is ready to post across every social platform, for every situation. Keep your followers up to date with your story, post about new releases, tours, playlists, merch, and much more. You can check out the different Linkfire link types here.
Social tips
Posts generate lots more engagement whenthey'repaired with images. Whenever you share a Linkfire link on Facebook or Twitter, it will load an accompanying image automaticallythis is called a social card. You can edit social cards for all your links in Linkfire, just select Social cards in your link set-up page.
Pin your latest Linkfire post to the top of your feed. Make it the first thing fans see when they visit your page.
Make your post containing your link engaging for fans. You could ask them to react in the comments, or enter them into a giveaway if they like the post or tag a friend.
Add popular hashtags to your post to get them noticed outside of your followers.
Don't post too much or too little. Clutter fans' Facebook timelines with 10 new posts a day, and they're likely to unsubscribe, but post once a month, and they may forget you exist! For most social platforms, 3-5 posts a week is ideal.
Youtube video descriptions
If your latest release is up on Youtube, give viewers a quick way of finding the same track on streaming, or link them to the rest of your online presence.
Soundcloud track description
Soundcloud is the platform of choice to get your music out there as quickly as possible. Post a track, and then add a Linkfire link to the description and get followers to listen to the whole album on their favorite music service.
Website widget
With a bit of HTML, every smart link can be turned into an embeddable widget for your own website. Theres different sizes and types to choose from, butthey'reall highly clickable! For more info about making Linkfire widgets, click .
Email newsletters
Fans signed up to newsletters are the most valuable customers out there. Theyre a receptive audience, just waiting for your latest news. New tour announced or album just released? Hit them up with an email, and collect key valuable insights with every click through.
Email tips
Put the link towards the top of the email, preceded by a clear call to action (CTA). For instance, Listen here, or Check out the tour dates here.
Make it clear what the email is about in your subject line. Make it exciting and enticing, and keep it short for mobile users.
Reddit/forums
There are thriving communities of music fans out there, always on the lookout for new tracks. Reddit boasts some of the largest, with subreddits like r/listentothis that welcome artists sharing their own material.
View ArticleBelow you will find ourData Processing Agreement, also known as aDPA. You may request a signed copy by reaching out to us at [email protected].
Preamble
This Data Processing Agreement sets out the rights and obligations that apply to the Data Processors handling of personal data on behalf of the Data Controller.
This Agreement has been designed to ensure the Parties compliance with Article 28, sub-section 3 of Regulation 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (General Data Protection Regulation), which sets out specific requirements for the content of data processing agreements.
The Data Processors processing of personal data shall take place for the purposes of fulfillment of the Parties Master Service Agreement.
The Data Processing Agreement and the Master Service Agreement shall be interdependent and cannot be terminated separately. The Data Processing Agreement may, however without termination of the Master Service Agreement be replaced by an alternative valid Data Processing Agreement and amended from time to time.
This Data Processing Agreement shall take priority over any similar provisions contained in other agreements between the Parties, including the Master Service Agreement.
Three appendices are attached to this Data Processing Agreement. The Appendices form an integral part of this Data Processing Agreement.
Appendix A of the Data Processing Agreement contains details about the processing as well as the purpose and nature of the processing, type of personal data, categories of data subject and duration of the processing.
Appendix B of the Data Processing Agreement contains the Data Controllers terms and conditions that apply to the Data Processors use of Sub-Processors and a list of Sub-Processors approved by the Data Controller.
Appendix C of the Data Processing Agreement contains instructions on the processing that the Data Processor is to perform on behalf of the Data Controller (the subject of the processing), the minimum security measures that are to be implemented and how inspection with the Data Processor and any Sub-Processors is to be performed.
The Data Processing Agreement and its associated Appendices shall be retained in writing as well as electronically by both Parties.
This Data Processing Agreement shall not exempt the Data Processor from obligations to which the Data Processor is subject, pursuant to the General Data Protection Regulation or other related legislation.
The Data Controller's Rights and Obligations
The Data Controller shall be responsible to the outside world (including the data subject) for ensuring that the processing of personal data takes place within the framework of the General Data Protection Regulation and the Danish Data Protection Act.
The Data Controller shall, therefore, have both the right and obligation to make decisions about the purposes and means of the processing of personal data.
The Data Controller shall be responsible for ensuring that the processing that the Data Processor is instructed to perform is authorized in law.
The Data Processor's Acts According to Instructions
The Data Processor shall solely be permitted to process personal data on documented instructions from the Data Controller unless processing is required under EU or Member State law to which the Data Processor is subject; in this case, the Data Processor shall inform the Data Controller of this legal requirement prior to processing unless that law prohibits such information on important grounds of public interest, cf. Article 28, sub-section 3, para a.
The Data Processor shall immediately inform the Data Controller if instructions in the opinion of the Data Processor contravene the General Data Protection Regulation or data protection provisions contained in other EU or Member State law.
Confidentiality
The Data Processor shall ensure that only those persons who are currently authorized to do so are able to access the personal data being processed on behalf of the Data Controller. Access to the data shall, therefore, without delay, be denied if such authorization is removed or expires.
Only persons who require access to the personal data in order to fulfill the obligations of the Data Processor to the Data Controller shall be provided with authorization.
The Data Processor shall ensure that persons authorized to process personal data on behalf of the Data Controller have undertaken to observe confidentiality or are subject to the suitable statutory obligation of confidentiality.
The Data Processor shall, at the request of the Data Controller, be able to demonstrate that the employees concerned are subject to the above confidentiality standard.
Security of Processing
The Data Processor shall take all the measures required pursuant to Article 32 of the General Data Protection Regulation which stipulates that with consideration for the current level, implementation costs and the nature, scope, context and purposes of processing and the risk of varying likelihood and severity for the rights and freedoms of natural persons, the Data Controller and Processor shall implement appropriate technical and organizational measures to ensure a level of security appropriate to the risk.
The above obligation means that the Data Processor shall perform a risk assessment and thereafter implement measures to counter the identified risk. Depending on their relevance, the measures may include the following:
Pseudonymization and encryption of personal data.
The ability to ensure ongoing confidentiality, integrity, availability, and resilience of processing systems and services.
The ability to restore the availability and access to personal data in a timely manner in the event of a physical or technical incident.
A process for regularly testing, assessing and evaluating the effectiveness of technical and organizational measures for ensuring the security of the processing.
The Data Processor shall in ensuring the above in all cases at a minimum, implement the level of security and the measures specified in Appendix C to this Data Processing Agreement.
The Parties possible regulation/agreement on remuneration etc. for the Data Controllers or the Data Processors subsequent requirement for establishing additional security measures shall be specified in the Parties Master Service Agreement or in Appendix D to this Data Processing Agreement.
Use of Sub-Processors
The Data Processor shall meet the requirements specified in Article 28, sub-section 2 and 4, of the General Data Protection Regulation in order to engage another processor (Sub-Processor).
The Data Processor shall therefore not engage another processor (Sub-Processor) for the fulfillment of this Data Processing Agreement without the prior specific or general written consent of the Data Controller.
In the event of general written consent, the Data Processor shall inform the Data Controller of any planned changes with regard to additions to or replacement of other data processors and thereby give the Data Controller the opportunity to object to such changes.
The Data Controllers requirements for the Data Processors engagement of other sub-processors shall be specified in Appendix B to this Data Processing Agreement.
The Data Controllers consent to the engagement of specific sub-processors, if applicable, shall be specified in Appendix B to this Data Processing Agreement.
When the Data Processor has the Data Controllers authorization to use a sub-processor, the Data Processor shall ensure that the Sub-Processor is subject to the same data protection obligations as those specified in this Data Processing Agreement on the basis of a contract or other legal document under EU law or the national law of the Member States, in particular providing the necessary guarantees that the Sub-Processor will implement the appropriate technical and organizational measures in such a way that the processing meets the requirements of the General Data Protection Regulation. The Data Processor shall, therefore, be responsible on the basis of a sub-processor agreement for requiring that the sub-processor at least complies with the obligations to which the Data Processor is subject, pursuant to the requirements of the General Data Protection Regulation and this Data Processing Agreement and its associated Appendices.
A copy of such a sub-processor agreement and subsequent amendments shall at the Data Controllers request be submitted to the Data Controller who will thereby have the opportunity to ensure that a valid agreement has been entered into between the Data Processor and the Sub-Processor. Commercial terms and conditions, such as pricing, that do not affect the legal data protection content of the sub-processor agreement, shall not require submission to the Data Controller.
The Data Processor shall in his agreement with the Sub-Processor include the Data Controller as a third party in the event of the bankruptcy of the Data Processor to enable the Data Controller to assume the Data Processors rights and invoke these as regards the Sub-Processor, e.g. so that the Data Controller is able to instruct the Sub-Processor to perform the erasure or return of data.
If the Sub-Processor does not fulfill his data protection obligations, the Data Processor shall remain fully liable to the Data Controller as regards the fulfillment of the obligations of the Sub-Processor.
Transfer of Data to Third Countries or International Organizations
The Data Processor shall solely be permitted to process personal data on documented instructions from the Data Controller, including as regards transfer (assignment, disclosure, and internal use) of personal data to third countries or international organizations unless processing is required under EU or Member State law to which the Data Processor is subject. In such a case, the Data Processor shall inform the Data Controller of that legal requirement prior to processing unless that law prohibits such information on important grounds of public interest, cf. Article 28, sub-section 3, para a.
Without the instructions or approval of the Data Controller, the Data Processor, therefore, cannot within the framework of this Data Processing Agreement:
disclose personal data to a data controller in a third country or in an international organization.
assign the processing of personal data to a sub-processor in a third country.
have the data processed in another of the Data Processors divisions which are located in a third country.
The Data Controllers instructions or approval of the transfer of personal data to a third country, if applicable, shall be set out in Appendix C to this Data Processing Agreement.
Assistance to the Data Controller
The Data Processor, taking into account the nature of the processing, shall, as far as possible, assist the Data Controller with appropriate technical and organizational measures, in the fulfilment of the Data Controllers obligations to respond to requests for the exercise of the data subjects rights pursuant to Chapter 3 of the General Data Protection Regulation. This entails that the Data Processor should as far as possible assist the Data Controller in the Data Controllers compliance with:
notification obligation when collecting personal data from the data subject.
notification obligation if personal data has not been obtained from the data subject.
the right of access by the data subject.
the right to rectification.
the right to erasure (the right to be forgotten).
the right to restrict processing.
notification obligation regarding rectification or erasure of personal data or restriction of processing.
the right to data portability.
the right to object.
the right to object to the result of automated individual decision-making, including profiling.
The Data Processor shall assist the Data Controller in ensuring compliance with the Data Controllers obligations pursuant to Articles 32-36 of the General Data Protection Regulation taking into account the nature of the processing and the data made available to the Data Processor, cf. Article 28, sub-section 3, para f. This entails that the Data Processor should, taking into account the nature of the processing, as far as possible assist the Data Controller in the Data Controllers compliance with:
the obligation to implement appropriate technical and organizational measures to ensure a level of security appropriate to the risk associated with the processing.
the obligation to report personal data breaches to the supervisory authority (Danish Data Protection Agency) without undue delay and, if possible, within 72 hours of the Data Controller discovering such breach unless the personal data breach is unlikely to result in a risk to the rights and freedoms of natural persons.
the obligation without undue delay to communicate the personal data breach to the data subject when such breach is likely to result in a high risk to the rights and freedoms of natural persons.
the obligation to carry out a data protection impact assessment if a type of processing is likely to result in a high risk to the rights and freedoms of natural persons.
the obligation to consult with the supervisory authority (Danish Data Protection Agency) prior to processing if a data protection impact assessment shows that the processing will lead to high risk due to the lack of measures taken by the Data Controller to limit risk.
The Parties possible regulation/agreement on remuneration etc. for the Data Processors assistance to the Data Controller shall be specified in the Parties Master Service Agreement or in Appendix D to this Data Processing Agreement.
Notification of Personal Data Breach
On discovery of a personal data breach at the Data Processors facilities or sub-processors facilities, the Data Processor shall, without undue delay, notify the Data Controller. The Data Processors notification to the Data Controller shall, if possible, take place within 48 hours after the Data Processor has discovered the breach to enable the Data Controller to comply with his obligation, if applicable, to report the breach to the supervisory authority within 72 hours.
According to Clause 2.2. under the section 'Assistance to the Data Controller' in this Data Processing Agreement, the Data Processor shall taking into account the nature of the processing and the data available assist the Data Controller in the reporting of the breach to the supervisory authority. This may mean that the Data Processor is required to assist in obtaining the information listed below which, pursuant to Article 33, sub-section 3, of the General Data Protection Regulation, shall be stated in the Data Controllers report to the supervisory authority:
The nature of the personal data breach, including, if possible, the categories and the approximate number of affected data subjects and the categories and the approximate number of affected personal data records.
Probable consequences of a personal data breach.
Measures which have been taken or are proposed to manage the personal data breach, including, if applicable, measures to limit its possible damage.
Erasure and Return of Data
On termination of the processing services, the Data Processor shall be under obligation, at the Data Controllers discretion, to erase or return all the personal data to the Data Controller and to erase existing copies unless EU law or Member State law requires storage of the personal data.
Inspection and Audit
The Data Processor shall make available to the Data Controller all information necessary to demonstrate compliance with Article 28 of the General Data Protection Regulation and this Data Processing Agreement, and allow for and contribute to audits, including inspections, performed by the Data Controller or another auditor mandated by the Data Controller.
The procedures applicable to the Data Controllers inspection of the Data Processor are specified in Appendix C to this Data Processing Agreement.
The Data Controllers inspection of sub-processors, if applicable, shall, as a rule, be performed through the Data Processor. The procedures for such inspection are specified in Appendix C to this Data Processing Agreement.
The Data Processor shall be required to provide the supervisory authorities which, pursuant to applicable legislation, have access to the Data Controllers and Data Processors facilities, or representatives acting on behalf of such supervisory authorities with access to the Data Processors physical facilities on presentation of appropriate identification.
The Parties Agreement on Other Terms
Separate terms relating to the consequences of the Parties breach of this Data Processing Agreement, if applicable, shall be specified in the Parties Master Service Agreement or in Appendix D to this Data Processing Agreement.
Regulation of other terms between the Parties shall be specified in the Parties Master Service Agreement or in Appendix D to this Data Processing Agreement.
Commencement and Termination
This Data Processing Agreement shall become effective on the date of both Parties signature to the Agreement.
Both Parties shall be entitled to require that this Data Processing Agreement is renegotiated if changes to the law or inexpediency of the provisions contained herein should give rise to such renegotiation.
The Parties agreement on remuneration, terms etc. in connection with amendments to this Data Processing Agreement, if applicable, shall be specified in the Parties Master Service Agreement or in Appendix D to this Data Processing Agreement.
This Data Processing Agreement may be terminated according to the terms and conditions of termination, incl. notice of termination, specified in the Master Service Agreement.
This Data Processing Agreement shall apply as long as the processing is performed. Irrespective of the termination of the Master Service Agreement and/or this Data Processing Agreement, the Data Processing Agreement shall remain in force until the termination of the processing and the erasure of the data by the Data Processor and any sub-processors.
Data Controller's and Data Processor's Contacts/Contact Points
The Parties may contact each other using the registered contact information in connection with the digital approval of this agreement.
The Parties shall be under obligation continuously to inform each other of changes to contacts/contact points.
Appendices
A. Information about the processing
The purpose of the Data Processors processing of personal data on behalf of the Data Controller is:
That the Data Controller is able to access the services on Linkfire properties, which is owned and managed by the Data Processor to collect and process data about the Data Controllers Data Subjects.
The Data Processors processing of personal data on behalf of the Data Controller shall mainly pertain to (the nature of the processing):
The use of Linkfire properties will include, but not be limited to, collecting personal data from visitors (Data Subjects) relating to campaigns managed by either the Data Controller or by the Data Processor on behalf of the Data Controller. The Data Controller will, with the Data Processor, have restricted access to the encrypted data stored on behalf of the Data Controller. Data Subjects will have access to their own data in respect to the applicable laws of GDPR.
The processing includes the following types of personal data about Data Subjects:
name
device
location
3rd party service identifiers
Processing includes the following categories of Data Subject:
Visitor (Data Subjects) data and retargeting metrics relating to the campaigns managed by the Data Controller or the Data Processor on behalf of the Data Processor.
The Data Processors processing of personal data on behalf of the Data Controller may be performed when this Data Processing Agreement commences. Processing has the following duration:
Processing shall not be time-limited and shall be performed until this Data Processing Agreement is terminated or canceled by one of the Parties.
B. Terms of the Data Processors use of sub-processors and list of approved sub-processors
Terms of the Data Processors use of sub-processors, if applicable:
The Data Processor has the Data Controllers general consent for the engagement of sub-processors following this agreement. The Data Processor shall, however, inform the Data Controller of any planned changes with regard to additions to or replacement of other data processors and thereby give the Data Controller the opportunity to object to such changes. Such notification shall be submitted to the Data Controller in writing (email to the email address(es) on record in the Processors account information for Controller is sufficient) and must give the Controller the possibility to object against the instruction of the sub-processor within 30 days prior to the engagement of sub-processors or amendments coming into force. If the Data Controller should object to the changes, the Data Controller shall notify the Data Processor of this within 2 weeks of receipt of the notification. The Data Controller shall only object if the Data Controller has reasonable and specific grounds for such refusal.
Sub-Processors:
Linkfire may use the following Subprocessors to host Customer Data or provide other infrastructure that helps with the delivery of our Services:
Infrastructure
Name
Description of Processing
Entity Country
Amazon Web Services, Inc.
Cloud Service Provider
United States
Microsoft Corporation
Cloud Service Provider
Ireland
Other
Linkfiremay use the following Subprocessors to perform other Service functions:
Name
Description of Processing
Entity Country
New Relic, Inc
Application performance monitoring tool
United States
Google Ireland Limited
Office Tools Suite
Ireland
Mailchimp
Cloud-based Email Notification Services
United States
Zendesk
Cloud-based Customer Support Services
United States
Pipedrive
Web-based Sales CRM
United States
C. Instruction pertaining to the use of personal data
The subject of/instruction for the processing:
The Data Processors processing of personal data on behalf of the Data Controller shall be carried out by the Data Processor performing the following:
Enhancing the marketing campaign process for the Data Controller.
Managing (collecting, storing and deleting) visitor metrics on behalf of the Data Controller. This includes, but is not limited to, data regarding visitors (Data Subjects).
Using visitor (Data Subjects) data to an extent that supports the basic functionality of the Data Processors provided tools and insights used by Data Controller.
Technical and Operational Measures
Please refer to our Security Structure for TOMs: https://linkfire.com/security
Storage period/erasure procedures:
Personal data is stored with the Data Processor until the Data Controller requests that the data is erased or returned. In the event of a request to erase, delete or terminate the agreement, the personal data is anonymized within 30 days after the expiry of the agreement, unless legal grounds call for maintenance of this personal data on the company server.
Processing location
Processing of the personal data under this Data Processing Agreement cannot be performed at other locations than the following without the Data Controllers prior written consent:
Collection:
Amazon Web Services, Inc. (US (Virginia), EU (Ireland), AP (Sydney & Tokyo) Region Datacenters)
Processing and Storage:
Amazon Web Services, Inc. (EU (Ireland) Region)
Microsoft Azure. (EU (North Europe) Region)
Instruction for or approval of the transfer of personal data to third countries:
The Data Processor is obliged to duly notify and ask for the Data Controllers consent pertaining to the transfer of personal data to a third country. The transfer of personal data to a third country can only take place upon approval and instruction of the Data Controller and follow the rules applying to the transfer of personal data to third countries stated in the General Data Protection Regulation, thus forming a legal basis for this transfer.
Procedures for the Data Controllers inspection of the processing being performed by the Data Processor:
If necessary, the Data Controllers and Data Processors will cooperate with any reasonable request for information regarding the handling of personal data. The Data Controllers costs, if applicable, relating to physical inspection shall be borne by the Data Controller. The Data Processor shall, however, be under obligation to set aside the resources (mainly time) required for the Data Controller to be able to perform the inspection.
Procedures for inspection of the processing being performed by sub-processors, if applicable:
The Data Processors and the Sub-Processors costs relating to physical supervision/inspection at the Sub-Processors facilities shall not concern the Data Controller irrespective of whether the Data Controller has initiated and participated in such inspection.
D. Signatures
While this DPA does not need to be signed between the parties, the Master Service Agreement (MSA) and Privacy Policy makes up a fully compliant legal basis for processing data on behalf of the Data Controller. This DPA can be signed between the parties upon request.
Definitions
Applicable Laws means laws, rules, directives, regulations issued or enacted by any government entity (including any domestic or foreign, supra-national, state, county, municipal, local, territorial or other government, which includes to the extent applicable, Directive 95/46/EC, Directive 2002/58/EC, European Commission decisions and guidance) each as transposed into domestic legislation of each Member State or other country and as amended, replaced or superseded from time to time, including by the GDPR and laws implementing or supplementing the GDPR, and any industry self-regulatory principles that are applicable in the location or region where the Services are provided or received, related to the Processing of Personal Data or the interception, recording or monitoring of communications;
GDPR means Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the Processing of Personal Data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation);
Third country is in relation to any additional countries that are not a part of 1) the Data Processor or 2) Data Controllers domain(s).
The terms, Commission, Controller, Data Controller, Data Processor, Data Subject, Member State, Personal Data, Personal Data Breach, and Processing shall have the same meaning as in the GDPR, and their cognate terms shall be construed accordingly.
View ArticleNote: this feature is reserved for Business plan and Premium users
Your music is online and your promotions cross borders. But not all content behaves the same in all countries. For example, you may release two different versions of an album: one for release in one country, and one release for the rest of the world. If you want to use the same link to promote different versions of the same content, you can do so using our localized landing pages.
What are localized landing pages?
By setting up multiple territories for your links, you can ensure that visitors from different countries have a different experience on your link. You can customize all aspects of your link for specific territories, including:
Taking visitors who click on the same music service to different destinations based on their location.
Displaying or hiding certain music services for specific countries.
Re-arranging music services depending on local popularity.
Displaying different album art in specific countries.
Instantly redirecting visitors to conditional destinations.
Before you can create these rules for your links, you must first set up your desired territories in your board settings.
How to set up territories
Before you can set up unique landing pages for your links for specific territories, you must first set up those territories in your board settings.
Navigate to your board settings page by clicking on your Board Name and choose the top option "Board Settings".
Find the section titled "Services".
Use the blue + named "Add Territory" to add new countries to your settings by typing in the territory you wish to add and wait for the services to load.
After you have added a territory, you will be able to remove and add your desired music services for that particular territory by clicking the blue Add Service at the bottom or, hover over the 3 dots to the right of each shown service and click the red X that appears.
You can also customize the CTA text by typing in the box under Action Text.
Remember to click "Update" in the top right corner to save your changes.
ISO code
Once you have added at least one territory, the default territory is titled "Elsewhere". Any settings you make here will apply to all territories that you have not explicitly added to this section in your board settings.
You can now use your selected territories to create specific rules and behaviors when creating or editing your links.
How to create localized landing pages for a link
Once you have added your territories to your board settings, you will be able to use them when creating or editing Linkfire links. When doing so, you can customize your landing page for different countries by editing your link in the section titled Landing Page.
In this section, click the blue + button under the title Landing Page and type in the country you wish to add. You will see the preview to the left change to the local language and services set up for that territory. In the Service order section below, you can delete services for that territory, edit the text for each button and change the order of services.
You will also find a drop-down field containing all of the territories that you have added in your board settings. Select a country in the drop-down or type in the territory youre looking for.
Switching between different territories in this section of the create or edit link page will let you create a custom configuration, which will only appear to users visiting your link from the selected country.
If you need to test how your link will behave for users from certain countries, you can do this by visiting your link and appending /lang/xx to its URL, where xx is the of the country you want to test for. For example, if you want to see how artist.lnk.to/album would behave for visitors located in Germany, you will visit the URL artist.lnk.to/album/lang/de.
View ArticleVerantwortlicher, Kontakt und Datenschutzbeauftragter
Die Verarbeitung der von Ihnen erhobenen personenbezogenen Daten erfolgt durch die The Walt Disney Company (Germany) GmbH, Lilli-Palmer-Strae 2, 80636 Mnchen, Deutschland (Disney) als Verantwortlichem, insbesondere im Sinne der der EU-Datenschutzgrundverordnung (DSGVO). Sollten Sie Fragen zu diesem Dokument haben oder eine Beschwerde in Bezug auf die Erhebung und Verarbeitung Ihrer personenbezogenen Daten durch Disney vorbringen wollen, kontaktieren Sie bitte unseren Datenschutzbeauftragten unter dieser E-Mail Adresse: [email protected]
Ihre Betroffenenrechte
Gem dem geltenden Datenschutzrecht knnen Sie zustzlich zu dem Recht auf Beschwerde bei einer Aufsichtsbehrde die folgenden Rechte haben. Um Ihre Rechte auszuben, kontaktieren Sie uns bitte ber die oben angegebenen Kontaktdaten.
a. Auskunftsrecht. Sie haben das Recht, von uns eine Besttigung darber zu verlangen, ob Sie betreffende personenbezogene Daten verarbeitet werden. Ist dies der Fall, so besteht ein Recht auf Auskunft ber diese personenbezogenen Daten. Das Auskunftsrecht erfasst insbesondere Auskunft zu den Verarbeitungszwecken, den Kategorien personenbezogener Daten, die verarbeitet werden, und zu den Empfngern oder Kategorien von Empfngern, gegenber denen die personenbezogenen Daten offengelegt worden sind oder noch offengelegt werden. Bitte beachten Sie, dass es sich bei dem Auskunftsrecht nicht um ein absolutes Recht handelt und berechtigte Interessen anderer Personen zu einer Einschrnkung des Auskunftsrechts fhren knnen.
b. Recht auf Berichtigung. Sie haben das Recht, die Berichtigung Sie betreffender unrichtiger personenbezogener Daten zu verlangen. Unter Bercksichtigung der Zwecke der Verarbeitung besteht zudem das Recht, die Vervollstndigung unvollstndiger personenbezogener Daten zu verlangen auch mittels einer ergnzenden Erklrung.
c. Recht auf Lschung (Recht auf Vergessenwerden). Bei Vorliegen der entsprechenden Voraussetzungen knnen Sie verlangen, dass die Sie betreffenden personenbezogenen Daten unverzglich gelscht werden.
d. Recht auf Einschrnkung der Verarbeitung. Bei Vorliegen der entsprechenden Voraussetzungen knnen Sie die Einschrnkung der Verarbeitung verlangen. In diesem Fall werden die betreffenden personenbezogenen Daten entsprechend gekennzeichnet und gegebenenfalls nur noch zu bestimmten Zwecken verarbeitet.
e. Recht auf Datenbertragbarkeit. Bei Vorliegen der entsprechenden Voraussetzungen steht Ihnen ein Recht auf Datenbertragbarkeit hinsichtlich der Sie betreffenden personenbezogenen Daten zu, die Sie uns bereitgestellt haben, d.h. das Recht, diese in einem strukturierten, gngigen und maschinenlesbaren Format zu erhalten, und ggf. diese Daten einem anderen Verantwortlichen ohne Behinderung durch denjenigen, dem die personenbezogenen Daten bereitgestellt wurden, zu bermitteln.
f. Widerspruchsrecht. Unter gewissen Umstnden haben Sie das Recht aus Grnden, die sich aus Ihrer besonderen Situation ergeben, der Verarbeitung der Sie betreffenden personenbezogenen Daten zu widersprechen.
Sie knnen sich jederzeit mit einer Beschwerde an die fr Sie zustndige Aufsichtsbehrde wenden. Ihre zustndige Aufsichtsbehrde richtet sich nach dem Bundesland Ihres Wohnsitzes, Ihrer Arbeit oder der mutmalichen Verletzung. Eine Liste der Aufsichtsbehrden (fr den nichtffentlichen Bereich) mit Anschrift finden Sie unter: https://www.bfdi.bund.de/DE/Infothek/Anschriften_Links/anschriften_links-node.html.
Art und Zweck der Verarbeitung
Wenn Sie auf unsere Website zugreifen werden automatisch Informationen allgemeiner Natur erfasst. Diese Informationen (Server-Logfiles) beinhalten etwa die Art des Webbrowsers, das verwendete Betriebssystem, den Domainnamen Ihres Internet-Service-Providers und hnliches. Hierbei handelt es sich ausschlielich um Informationen, welche keine Rckschlsse auf Ihre Person zulassen.
Sie werden insbesondere zu folgenden Zwecken verarbeitet:
Sicherstellung eines problemlosen Verbindungsaufbaus der Website,
Sicherstellung einer reibungslosen Nutzung unserer Website,
Auswertung der Systemsicherheit und -stabilitt sowie
zu weiteren administrativen Zwecken.
Wir verwenden Ihre Daten nicht, um Rckschlsse auf Ihre Person zu ziehen.
Anonyme Informationen dieser Art werden von uns ggfs. statistisch ausgewertet, um unseren Internetauftritt und die dahinterstehende Technik zu optimieren.
Des weiteren wird an Hand Ihrer IP-Adresse das Land ermittelt, aus dem Sie auf unsere Webseite zugreifen.
Rechtsgrundlage
Die Verarbeitung erfolgt gem Art. 6 Abs. 1 lit. f DSGVO. Also auf Basis unseres berechtigten Interesses an der Verbesserung der Stabilitt und Funktionalitt unserer Website.
Bereitstellung der Daten
Die Bereitstellung der vorgenannten personenbezogenen Daten ist weder gesetzlich noch vertraglich vorgeschrieben. Ohne die IP-Adresse ist jedoch der Dienst und die Funktionsfhigkeit unserer Website nicht gewhrleistet. Zudem knnen einzelne Dienste und Services nicht verfgbar oder eingeschrnkt sein. Aus diesem Grund ist ein Widerspruch ausgeschlossen.
Empfnger der Daten
Die Daten empfangen neben der verantwortlichen Stelle nur ggf. technische Dienstleister, die fr den Betrieb und die Wartung der Webseite als Auftragsverarbeiter ttig werden.
Eingesetzte Auftragsverarbeiter
Folgendes Unternehmen wurde vom Betreiber dieser Website mit der Verarbeitung von Daten beauftragt:
Linkfire, Artillerivej 86, 3tv., 2300 Kopenhagen, Dnemark
Lschung bzw. Sperrung der Daten
Ihre personenbezogenen Daten werden von uns so lange aufbewahrt, wie es ntig ist, um die Zwecke der Datenverarbeitung zu erfllen. Wenn wir Ihre personenbezogenen Daten nicht mehr zur Einhaltung vertraglicher oder gesetzlicher Verpflichtungen bentigen, werden sie von unseren Systemen gelscht oder entsprechend anonymisiert, so dass eine Identifizierung nicht mglich ist. Etwas anderes gilt nur dann, wenn wir gesetzliche oder behrdliche Verpflichtungen erfllen mssen, z.B. gesetzliche Aufbewahrungsfristen, die sich aus dem Handelsgesetzbuch oder der Abgabenordnung ergeben knnen, und grundstzlich bis 10 Jahre dauern knnen, oder, wenn whrend der gesetzlichen Verjhrungsfristen, die regelmig 3 Jahre betragen, aber bis zu 30 Jahre betragen knnen, Beweise gesichert werden mssen.
nderung unserer Datenschutzbestimmungen
Wir behalten uns vor, diese Datenschutzerklrung anzupassen, damit sie stets den aktuellen rechtlichen Anforderungen entspricht oder um nderungen unserer Leistungen in der Datenschutzerklrung umzusetzen, z.B. bei der Einfhrung neuer Services. Fr Ihren erneuten Besuch gilt dann die neue Datenschutzerklrung.
View ArticleWhen running Snapchat ads, you have the option to enable preloading. This means that when a user sees your ad, the destination (such as your Linkfire landing page) will start loading in the background, making it instantly ready when they swipe up on your ad.
However, this feature causes every ad view to falsely register as a visitor to your Linkfire link. As a result, the visitor count in your insights can be inflated, as the Snapchat ad views are not representative of actual visitors.
There is currently no way to prevent this. Snapchat also states in their official documentation that enabling preload may lead to “analytics discrepancies”.
Thus, when using Snapchat ads with Linkfire, you must choose one of two options:
Keep preload disabled to keep your statistics intact and reliable.
Enable preload with the knowledge that your Linkfire insights will be misleading.
View ArticleAdd a music store or service to a particular link by;
1. Go to ‘Edit link’
2. Head to the 'Music Matches", click "show all" and scroll down to the bottom of that section
3. Type in the name of the service next to the green "+" and you'll see it on the list of services above.
4. After you've added the service, either input the direct URL manually or if it's anautomated integration you can do a re-scan.
Board settings
Alternatively, you can specify it directly from the board settings by going to the ‘Music Services Management’ section like shown in the image below. The added service will then be available on all links created on that board.
View ArticleIn addition to a landing page, your Linkfire music links also automatically create a widget that you can embed on your own website. This widget contains the audio preview of your link, as well as all the destinations as they appear on the corresponding landing page.
Two widgets to choose fromOur widget is available in two versions, which version you use depends largely on your preferences.
The showcase widget features a prominent album artwork with a Play button. When the user clicks the Play button, the artwork slides away to reveal a music player along with all available services (as defined in your link settings). We recommend using the showcase widget when you show multiple widgets side by side.
The clickthrough widget is similar to the showcase widget, but it doesnt initially display the full artwork. Instead, it shows all available services from the beginning. We recommend using the clickthrough widget when only showing a single widget, especially in a context where the content is already explained (such as in an article about your new album).
How to embed the Linkfire widgetIn order to embed your widget on your website or blog, you will need to have access to edit the site's HTML. If you don't know how to access this, ask the person responsible for maintaining your website.
You embed the widget by embedding this short HTML code snippet:
<iframe data-lnk-widget src="https://artist.lnk.to/album/widget" width="300" height="300" frameborder="0" allowtransparency="true"></iframe>
Replace the URL highlighted in purple with the URL of your own Linkfire link, and the default values of 300 with your desired width and height.
The above snippet will embed the showcase widget version. To instead embed the clickthrough widget version, add ?view=clickthrough to the source, so the full value of src becomes:https://artist.lnk.to/album/widget?view=clickthrough
Manage your widgets settingsA widget is always associated with a Linkfire link. To change settings like the audio preview, available services or the call-to-actions for services, edit these by customizing the landing page of the link.
Enabling auto-pause in all browsersYou can embed several Linkfire widgets on the same page. If a user plays the audio preview on one widget while its still playing on another widget, the first widget will automatically stop playing. However, this does not work in the Safari browser.
In order to enable this functionality in Safari, you must add this code to your website in addition to any widgets:
<script src="https://staticcloud.linkfire.com/widget-embed/v1/embed.min.js">
You should place this right before your closing </body> tag and after any embedded widgets.
Limitations
The widget only works with music links created in the new Linkfire app or through our API. Links created in the old Linkfire app will use the old widget.
The widget only works for links with audio sample previews, not with links that use a video preview or no preview.
Embedding a widget in emails and newsletters isnotrecommended as it might block the email or recognize it as spam. Instead, we recommend linking to your content via a Linkfire link directing to a Linkfire landing page. Read Mailchimp's own documentation (scroll down to the section Iframe Elements).
View ArticleNote: This feature is reserved forBusiness plan and Premium users
Like many other online retailers, Apple allows you to earn commission through its affiliate program for Apple Music and iTunes.If a user clicks on your link to sign up for Apple Music you will earn a one-time 100% commission on the firstmonth of a users subscription to Apple Music.If a user purchases content from iTunes store through your link, you will earn2.5% commission on any music purchase and 7% commission on the purchase of movies, books, andTV products.
You can integrate your affiliate ID with Linkfire so that any Linkfire link sending fans to Apple Music and iTunes will do so with your affiliate token automatically appended. If you have your affiliate token and Json API at hand, contact your Linkfire account manager so they can implement them. If not, read on for information about where to find your affiliate details.
Signing up for the Apple Music and iTunes affiliate program
Anyone can apply an Apple Music and iTunes affiliate account. However, acceptance to the program is at the discretion of the Apple team. In most cases, youll hear back from them within five business days.
To apply for the affiliate program, visit their website here and follow the on-screen instructions.
Find your affiliate details
After you have been accepted into the Apple Music and iTunes affiliate program, you will be able to sign into your personalized dashboard. Here youll find all of the relevant information regarding your account and any sales generated. Follow this link to sign in to your Apple Music and iTunes affiliate account through Performance Horizon, Apple's affiliate technology partner.
Upon signing in, youll be able to track down your affiliate token and the associated Json API link:
First, navigate to the Reporting tab and look in the upper right-hand corner of your dashboard. Here you will find a short code. This is your unique Affiliate Token.
Next, click on the "Download reports" icon, as illustrated in the screenshot below.
This will open up a new window containing a long string of characters called the "JSON API Link". Copy this string.
Lastly, send this and the affiliate token to your dedicated account manager to have them applied to your Linkfire account. If you are not sure whom you should contact, write to us at
View ArticleYou can customize the URL when youre in the process of creating a new link or by "editing" your link later. To change the subdomain.lnk.to when creating a link go the Link section and click the dropdown. You can choose between previously used domains or create a new domain. To create a new domain simplytype in the domain you wish to use and it will be added to your link.
At this step it's also possible to customize the short code which is the partafter lnk.to/shortcode. Simply delete the characters already in that box and type in your preferred short code, for example the name of the single, album, or artist to make a link looking like this artist.lnk.to/albumname - see screenshot below
View ArticleCOMMERCIAL SCHEDULE
Membership
Your Linkfire PREMIUM Plan membership will continue year-to-year, unless otherwise agreed, until terminated in accordance with section 6 of the Subscription Services Agreement. Unless you validly terminate your membership before your yearly renewal date and subject to any Trial Subscriptions, you authorize us to charge your next year's membership Fee to your Payment Method. To use the Linkfire service you must provide us with a current, valid, accepted method of payment ("Payment Method").
Trial Subscriptions
Our service may be made available to you on a free trial basis for a limited time ("Trial Subscription"). The specific duration of the Trial Subscription will be specified in the applicable offer at sign-up. Trial Subscriptions are limited to new service subscribers, unless otherwise specified. Your status as a new subscriber to our services will be determined by us in our sole discretion. The terms of the Subscription Services Agreement apply to any Trial Subscription, unless otherwise specified.
At the time of signing up for a Trial Subscription, you must provide us with a valid Payment Method in order to use our Services during the Trial Subscription period. Your Payment Method will not be charged by us during the Trial Subscription Period.
UPON THE EXPIRATION OF THE TRIAL SUBSCRIPTION, THE SUBSCRIPTION FEE FOR OUR SERVICES WILL BE AUTOMATICALLY CHARGED TO YOUR PAYMENT METHOD, UNLESS YOU VALIDLY CANCEL THE TRIAL SUBSCRIPTION PRIOR TO ITS EXPIRY. PLEASE NOTE THAT YOU WILL NOT BE NOTIFIED THAT YOUR TRIAL SUBSCRIPTION WILL END OR HAS ENDED.
Fees
Linkfire may charge your Payment Method such amounts which are from time to time owed by you for the Services including (as applicable) taxes and service fees, set up fees, add-on fees, subscription fees, or any other fee or charge associated with the Services (together, the Fee). A full overview of fees is available on www.linkfire.com.
Billing
The Fee will be billed on a yearly basis, unless otherwise agreed, to your Payment Method on the calendar day corresponding to the commencement of your membership. In some cases, the timing of your billing may change, for example if your Payment Method has not successfully settled or if your paying membership began on a day not contained in a given month. If an option to pay yearly is selected by Customer the respective yearly fee will be charged to your Payment Method.
You can change your Payment Method by sending an email with a request to [email protected] or directly from your Linkfire dashboard, when available. If a payment is not successfully settled due to expiration, insufficient funds, or otherwise, and you do not change your Payment Method or cancel your account, without limiting our rights or remedies, your access to the Services may be suspended until we have obtained a valid Payment Method. Linkfire is authorized hereby to continue billing the Payment Method, as it may be updated and you remain responsible for any uncollected amounts. This may result in a change to your payment billing dates. For certain Payment Methods, the issuer of your Payment Method may charge you a foreign transaction fee or other charges which shall be your sole responsibility. Check with your Payment Method service provider for details.
You can cancel your Linkfire membership in accordance with section 6 of the Agreement, and you will continue to have access to the Linkfire service through the end of your billing period. We do not provide refunds or credits for any partial-month membership periods. To cancel, send an email with a request to [email protected] or submit one from your Linkfire dashboard, when available.
Linkfire may change its service plans and the price of the Services from time to time; provided, however, that Linkfire will provide you with prior notice and an opportunity to terminate the Agreement if Linkfire changes the price of a Service to which you are subscribed and will not charge you for a previously free Service unless you have been notified of the applicable fees and agreed to pay such fees.
SUBSCRIPTION SERVICES AGREEMENT
This Subscription Services Agreement (Agreement), by and between Linkfire ApS, a company formed under the laws of Denmark, located at Artillerivej 86, 3, 2300 Copenhagen S, Denmark (Linkfire) and the customer (Customer), is effective as of the earlier of the date on which the Customer accepts and agrees to this Agreement by ticking the applicable box on signup (or other similar expression of acceptance) or the date on which you start accessing or using the Services (theEffective Date).
This Agreement sets forth the terms and conditions under which the parties agree that Customer may, pursuant to one or more separately executed Commercial Schedules, purchase Linkfires Services as listed on the relevant Commercial Schedule.
This Agreement includes and incorporates the attached Terms and Conditions and all Commercial Schedules, Terms of Use (available on linkfire.com) and other attachments that reference such documents, and contains, among other things, warranty disclaimers, liability limitations and use limitations.
When Customer tick the applicable agree/accept box on signup, the parties agree to be bound by the terms and conditions of this Agreement.
TERMS AND CONDITIONS
1. Introduction
Linkfire provides a marketing intelligence software service which allows the Customer to create smart links.
Linkfire shall provide the Customer with the Services subject to and in accordance with the terms and conditions of this Agreement.
2. Definitions
2.1. Affiliate is an entity that controls, is controlled by or shares common control with Linkfire or Customer (as applicable), where such control arises from either (a) a direct or indirect ownership interest of more than 50% or (b) the power to direct or cause the direction of the management and policies, whether through the ownership of voting stock by contract, or otherwise, equal to that provided by a direct or indirect ownership of more than 50%.
2.2. Commercial Schedule refers to the schedule presented upon sign-up and in Order confirmation and incorporated herein by this reference, setting forth the commercial terms of the Agreement and as may be updated from time to time by Linkfire and Customer.
2.3. Confidential Information shall have the meaning set forth in Section 8.2.
2.4. "Customer Data" means all electronic data or information submitted to the Linkfire Service by: (i) users who click on a Linkfire link directly and identifiably related to the Customer; or (ii) the Customer or a third party on behalf of Customer.
2.5. Discloser means the party disclosing Confidential Information.
2.6. Fees means the monthly or annual subscription fees for the Service as set forth in the Commercial Schedule.
2.7. Infringement Claim shall have the meaning set forth in Section 10.1.
2.8. Recipient means the party receiving Confidential Information.
2.9. Services means the provision, including under a Trial Subscription, of one or more of the following: (i) Linkfire PREMIUM plan services as described at www.linkfire.com ; and (ii) the provision of certain Customer Data statistics as more particularly described at www.linkfire.com.
2.10. Service Items means all software, programming, documentation, templates, questionnaires, methodologies, models, charts, reports and any other items used to deliver the Services or made available to Customer as a result of the Services.
2.11. SLA means the Service Level Agreement, if any, as described in the Commercial Schedule.
2.12. Support means the Customer support described at https://support.linkfire.com and in the SLA.
2.13. Terms of Use means the Linkfire Standard Terms of Service as part of the Privacy Policy in force from time to time and available on linkfire.com.
2.14. Trial Subscription means the provision of Services to Customer on a free trial basis for a limited time. The specific duration of the Trial Subscription will be specified in the applicable offer at sign-up. Trial Subscriptions are limited to potential new Customers only, unless otherwise specified. A Customers status as a new subscriber to the Services will be determined by Linkfire in its sole discretion. The terms of this Agreement apply to any Trial Subscription, unless otherwise specified.
3. Scope
3.1. Subject to Customers payment of the Fees, Linkfire will provide Customer with access to the Services as set forth in this Agreement and applicable Commercial Schedule.
4. Linkfire Services
4.1. Subject to, and conditional upon Customers compliance with, the terms of this Agreement, Linkfire hereby grants to Customer a non-exclusive, non-transferable,non-sublicenseable, limited license to access and use the Services (i) in the Territory, (ii) for Customers and its Affiliates internal business operations, (iii) in accordance with the Terms of Use and the applicable Commercial Schedule, (iv) for the duration of the Customers membership.
4.2. Linkfire will (i) provide the Services in a manner consistent with general industry standards reasonably applicable to the provision thereof; (ii) use commercially reasonable efforts to maintain the security of Customer passwords; (iii) provide Support to Customer for the Services, which may be changed by Linkfire upon prior notice to customer. If an SLA is provided for the Linkfire Services, the terms of such SLA will be attached to this Agreement.
4.3. Customer shall:
4.3.1. prevent unauthorized access to, or use of, the Services, and notify Linkfire promptly of any such unauthorized access or use;
4.3.2. comply with all applicable laws in using the Services;
4.3.3 pay the Fees in full, without set off or deduction in a timely manner;
4.3.4. not (i) modify, copy or create derivative works based on the Services; (ii) disassemble, reverse engineer, or decompile the Services or part thereof, or access it in order to copy any ideas, features, content, functions or graphics of the Linkfire Services; (iii) interfere with or disrupt the integrity or performance of the Services; (iv) send or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material, or send or store material in violation of any third partys privacy rights via the Services; (v) send or store viruses or malicious code via the Services; (vi) attempt to gain unauthorized access to the Services or its related software, systems, platforms or networks; (vii) use any components provided with the Services separately from the Services; or (viii) distribute, rent, lease, sublicense or provide the Services to any third party or use it in a service bureau, outsourcing environment, or for the processing of third party data.
4.4. Customer acknowledges and accepts that certain Service tiers and features are supported by and may contain advertising and promotional messages alongside Customer Data. Customer agrees that it shall not participate in any revenue or consideration received or receivable by Linkfire in connection with the delivery of such advertising or promotional messages.
5. Fees and Payment
5.1. The Fees payable for the Services are set forth in the applicable Commercial Schedule. The Fees will be invoiced in accordance with the relevant Commercial Schedule and are due in accordance with the payment terms set forth in such applicable Commercial Schedule.
5.2. Customer will pay or reimburse Linkfire or, when required by law, the appropriate governmental agency, for taxes of any kind, including sales, use, VAT, excise, customs duties, withholding, property, and other similar taxes (other than taxes based onLinkfiresnet income or arising from the employment relationship between Linkfire and its personnel) imposed in connection with the fees paid for the Services, which are exclusive of these taxes.
5.3. In addition to its other rights and remedies, Linkfire reserves the right, without liability to the Customer, to suspend any and all access to the Services if Customer fails to pay the Fees or any other amount due until all accounts are paid in full. The unpaid balance of each late payment bears interest at a rate equal to the lesser of 1% per month or the maximum amount permitted by law.
6. Term and Termination
6.1. This Agreement begins on the Effective Date and will remain in effect unless terminated pursuant to Section 6.2 or 6.3 below.
6.2. Upon 30 days advance written notice, either party may terminate this Agreement for its convenience; however, in the event of Customer terminating the agreement such termination will have no effect on Commercial Schedules executed by the parties prior to its effective date, including but not limited to payment obligations contained therein, and such Commercial Schedules will remain in full force and effect under the terms of this Agreement for the term specified therein. Commercial Schedules may not be terminated for convenience unless otherwise specified therein. In the event of Linkfire terminating the Agreement under this section 6.2, Customer shall be entitled to a pro-rata refund of Fees paid for the remainder of the membership period.
6.3. Either party may terminate this Agreement for cause: (i) upon 30 days written notice of a material breach to the other party if such breach remains uncured at the expiration of such period; or (ii) immediately if the other party becomes the subject of a petition in bankruptcy or any other proceeding relating to insolvency, receivership, liquidation or assignment for the benefit of creditors.
6.4. In addition to its other rights and remedies, Linkfire reserves the right, without liability to Customer, to immediately suspend any and all access to the Services if Customer commits a material breach of this Agreement or any relevant Commercial Schedule until such material breach is cured. If such material breach is (i) unable to be cured, or (ii) is not cured within 14 days from receipt of written noticehereof, then Linkfire may immediately terminate the Agreement and/or the affected Commercial Schedule.
6.5. Upon termination pursuant to 6.2 and 6.3 above, all rights and licenses granted to Customer herein will terminate and Customer will make no further use of the Services. No termination will relieve the Customer of the obligation to pay any Fees accrued or payable to Linkfire. Customer Data will still be available to the Customer in a read-only mode, where Customer can access the Customer Data, but not edit any existing links or add new. After a one-year period, Linkfire shall have no obligation to maintain or provide any Customer Data and may thereafter delete the Customers access to the Customer Data without further notice. Linkfire can provide reader-access to links created after termination, and links will continue to remain active as set up on creation or edit date. Upon termination, Linkfire reserves the right to de-activate links that have not received at least 50 clicks within a consecutive period of 90 days, without further notice. Customers will not be able to create new links nor edit already created links after termination.
7. Limited Warranty
7.1. Linkfire warrants to Customer that the Services (i) will perform in substantial accordance with the applicable SLA, if any, and (ii) will be performed in a manner consistent with industry standards reasonably applicable to the provision thereof. Customers exclusive remedy and Linkfires sole obligation for breach of the warranty in this Section 7 will be Linkfires use of commercially reasonable efforts to have the Services perform in substantial accordance with the SLA, or replace the non-conforming portion of the Service within a reasonable period of time, or if Linkfire cannot have the Service perform in substantial accordance with the SLA or replace the Services within such time period, then Linkfire will refund the amount paid by Customer for the Services, pro-rated from the date of the notice of the claim. Customers rights and Linkfiresobligations in this Section 7 are conditioned upon Customers providing Linkfire with written notice of the claim, a complete description of the alleged defects and a specific reference to the part or parts of the Services and/or SLA, as applicable, to which such alleged defects are contrary.
8. Proprietary rights and confidentiality
8.1. Linkfire, its Affiliates or licensors retain all right, title and interest to the Services and all related intellectual property and proprietary rights. The Services are protected by applicable copyright, trade secret, industrial and other intellectual property laws. Linkfire owns all right, title and interest in Service Items and access to and use of the relevant Service Items will be governed by the terms of this Agreement. The Service Items are deemed Confidential Information under this Agreement. Linkfire reserves any rights not expressly granted to Customer.
8.2. Confidential Information means all proprietary or confidential information that is disclosed to the Recipient by Discloser, and includes, among other things (i) any and all information relating to products or services provided by a Discloser, its customer-related and financial information, software code, flow charts, techniques, specifications, development and marketing plans, strategies, and forecasts; (ii) as to Linkfire, and its licensors, the Services; and (iii) the terms of this Agreement, including without limitation, pricing information. Confidential Information does not include information that Recipient can show: (a) was rightfully in Recipients possession without any obligation of confidentiality before receipt from the Discloser; (b) is or becomes a matter of public knowledge through no fault of Recipient; (c) is rightfully received by Recipient from a third party without violation of a duty of confidentiality; or (d) is or was independently developed by or for Recipient.
8.3. Recipient may not disclose Confidential Information of Discloser to any third party or use the Confidential Information in violation of this Agreement. The Recipient (i) will exercise the same degree of care and protection with respect to the Confidential Information of the Discloser that it exercises with respect to its own Confidential Information and (ii) will not, either directly or indirectly, disclose, copy, distribute, republish, or allow any third party to have access to any Confidential Information of the Discloser. Notwithstanding the foregoing, Recipient may disclose Disclosers Confidential Information to Recipients employees and agents who have a need to know provided that such employees and agents have legal obligations of confidentiality substantially the same (and in no case less protective) as the provisions of this Agreement.
8.4. If the Recipient becomes aware of any unauthorized use or disclosure of Disclosers Confidential Information, then Recipient will promptly and fully notify the Discloser of all facts known to it concerning such unauthorized use or disclosure. In addition, if the Recipient or any of its employees or agents are required (by oral questions, interrogatories, requests for information, or documents in legal proceedings, subpoena, civil investigative demand, or other similar process) to disclose any of Disclosers Confidential Information, the Recipient will not disclose the Disclosers Confidential Information without providing the Discloser with commercially reasonable advance prior written notice to allow Discloser to seek a protective order or other appropriate remedy or to waive compliance with this provision. In any event, the Recipient will exercise its commercially reasonable efforts to preserve the confidentiality of the Disclosers Confidential Information, including, without limitation, cooperating with Discloser to obtain an appropriate protective order or other reliable assurance that confidential treatment will be accorded to the Confidential Information. Notwithstanding the foregoing, Customer agrees that Linkfire may refer to Customer as a customer of Linkfire, both internally and in externally published media.
8.5. As between Linkfire and Customer, Customer owns all rights, title and interest in and to Customer Data (to the extent that such Customer Data has intellectual property rights protection). Customer grants Linkfire a non-exclusive, transferable, sub-licensable, royalty-free license and right to:
(i) use the Customer Data pursuant to and for the duration of this Agreement (and for one year after termination under section 6.6) in order to provide the Services to the Customer; and
(ii) use the Customer Data in a form that is not directly attributable (i.e. artist based audiences is not considered directly attributable) to the Customer (Non-Attributable Customer Data) on a perpetual (or, in jurisdictions where this is not permitted, for a term equal to the duration of the Agreements plus twenty (20) years), irrevocable, fully paid, worldwide license basis in order to use, sell, reproduce, make available to the public, publish, translate, modify, create derivative works from, and distribute such Non-Attributable Customer Data in any Linkfire products or services any suggestions, enhancement requests, recommendations or other feedback provided by Customer relating to the Services through any medium, whether alone or in combination with other content or materials, in any manner and by any means, method or technology, whether now known or hereafter created.
Customer acknowledges that, notwithstanding the above, Linkfire is a separate data controller in respect of any personal data of Users comprised in the Customer Data as further explained in clause 12.
9. Disclaimers and Limits on Liability
9.1. Disclaimer. CUSTOMER ACKNOWLEDGES THAT, EXCEPT AS OTHERWISE EXPRESSLY PROVIDED HEREIN, LINKFIRE, ITS AFFILIATES AND LICENSORS MAKE NO WARRANTY, EXPRESS, IMPLIED OR STATUTORY WITH RESPECT TO THE SERVICES OR USE THEREOF. LINKFIRE, ITS AFFILIATES AND LICENSORS HEREBY EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY THAT SERVICES WILL BE UNINTERRUPTED, ERROR FREE OR WITHOUT DELAY, AND THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INTERFERENCE, NON-INFRINGEMENT AND INFORMATION CONTENT.
9.2. DISCLAIMER OF DAMAGES. EXCEPT FOR A BREACH OF SECTION 4.3 AND EACH PARTYS RESPONSIBILITIES IN SECTION 8, NEITHER PARTY OR ITS AFFILIATES ARE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES RELATING TO OR ARISING OUT OF THIS AGREEMENT OR THE SERVICES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST COMPUTER USAGE TIME, AND DAMAGE TO, OR LOSS OF USE OF, DATA), EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND IRRESPECTIVE OF ANY NEGLIGENCE OF A PARTY OR WHETHER SUCH DAMAGES RESULT FROM A CLAIM ARISING UNDER TORT OR CONTRACT LAW.
9.3. LIMITS ON LIABILITY. EXCEPT FOR A BREACH OF SECTION 8, LINKFIRE AND ITS AFFILIATES AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE SERVICES, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY, SHALL NOT EXCEED THE AMOUNTS ACTUALLY PAID BY AND DUE FROM CUSTOMER PURSUANT TO THE COMMERCIAL SCHEDULES GIVING RISE TO LIABILITY.
10. Indemnification
10.1. Indemnification by Linkfire. If a third party asserts a claim against Customer asserting that Customers authorised use of the Services in accordance with this Agreement directly and identifiably violates that third-partys patent, trade secret or copyright rights (Infringement Claim), then Linkfire will, at its own expense: (a) defend or settle the Infringement Claim; and (b) indemnify Customer for any damages finally awarded against Customer based on infringement by the Services. If Linkfire believes the Services may violate a right, then Linkfire will, at its expense: (a) modify the Services, or (b) procure the right to continue using the Services, and if (a) or (b) are not commercially reasonable, terminate Customer's right to use the Services and issue a pro-rata refund for the unexpired pre-paid portion of such Services.
10.2. Indemnification by Customer. Subject to the terms of this Agreement, if a third party asserts a claim against Linkfire asserting that the Customer Data or Customers use of the Service in violation of this Agreement violates that third-partys patent, trade secret or copyright rights, or otherwise harms the third party (Claim), Customer will, at its own expense: (a) defend or settle the Claim; and (b) indemnify Linkfire for any damages, losses, liabilities, costs and expenses suffered or incurred by Linkfire arising from the Claim.
10.3. Indemnity Process. Neither partys obligations under this Section will apply if: (a) the indemnifying partys legal department does not receive prompt, detailed written notice of the Infringement Claim/Claim from the party being indemnified, (b) the indemnifying party is not able to retain sole control of the defense of the Infringement Claim/Claim and all negotiations for its settlement or compromise, or (c) the indemnifying party does not receive all reasonable assistance from the party being indemnified. Neither party will bind the indemnified party to a monetary obligation in a settlement or compromise, or make an admission on behalf of the indemnified party, without obtaining that partys prior consent.
10.4. THIS SECTION CONTAINS EACH PARTY'S EXCLUSIVE REMEDIES AND THE INDEMNIFYING PARTY'S SOLE LIABILITY FOR INFRINGEMENT CLAIMS/CLAIMS, RESPECTIVELY.
11. Governing Law and Dispute Resolution
11.1. A party will provide written notice to the other party of any controversy, dispute or claim arising out of or relating to this Agreement, or to the formation, interpretation, breach, termination, or validity thereof (Controversy). The parties shall engage in good faith negotiations to resolve the Controversy. Only if the Controversy is not resolved through good faith negotiations within 15 days of the sending of the written notice of Controversy, the Controversy may be submitted to litigation. Any dispute arising out of or in connection with our relationship, including any disputes regarding the existence, validity or termination of this Agreement, shall be governed by Danish law. The dispute shall be subject to simplified arbitration administrated by The Danish Institute of Arbitration in accordance with the rules of the simplified arbitration procedure adopted by The Danish Institute of Arbitration and in force at the time when such proceedings are commenced.
11.2. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to this Agreement. Nothing in this Agreement shall be deemed as preventing either party from seeking immediate injunctive relief from any court having jurisdiction over the parties and the subject matter of the dispute.
12. Customer Data and Data Protection
12.1. For the purposes of European data protection legislation (where relevant), each of Linkfire and the Customer are separate data controllers in respect of their own processing of any personal data comprised in User Data and each party shall separately be responsible for their compliance with relevant data protection regulations in relation to the same.
12.2. Linkfires processing of such personal data of Users shall be undertaken in accordance with Linkfires Privacy Policy, which is published at www.linkfire.com from time to time.
12.3. Customer shall be responsible for the security of the transmission of Customer Data to Linkfire but, when the Customer Data is with Linkfire, it shall take appropriate technical and organizational measures to ensure a level of security appropriate to the risk in accordance with data protection legislation.,
13. Verification
13.1. Customer agrees that Linkfire or its agent may monitor the Services to ensure Customers compliance with the terms of this Agreement.
14. Miscellaneous Terms
14.1. Linkfire is not liable for its failure to perform any of its obligations under this Agreement during any period in which performance is delayed by Customer or circumstances beyond Linkfire's reasonable control.
14.2. The parties are independent contractors and this Agreement does not create a partnership, franchise, joint venture, agency, fiduciary, or employment relationship between the parties.
14.3. Customer will receive system notifications from Linkfire and its licensors, if applicable (i.e. planned downtime notices, etc).
14.4. This Agreement, including any Exhibits and Commercial Schedules constitutes the entire agreement between Customer and Linkfire and supersedes any prior or contemporaneous negotiations or agreements, whether oral or written concerning the Services.
14.5. There are no representations, promises, warranties, covenants, or undertakings between the parties other than those expressly set forth in this Agreement.
14.6. There are no third party beneficiaries to this Agreement; Customer is not entering into a contractual relationship with Linkfires licensors and Linkfires licensors have no liability to Customer.
14.7. No modification or waiver of any provision hereof will be effective unless made in a writing signed by both Linkfire and Customer.
14.8. This Agreement and the rights hereunder are not transferable or assignable by Customer (and any attempted assignment will be void) without the prior written consent of Linkfire, except to a person or entity who acquires all or substantially all of the assets or business of Customer, whether by sale, merger or otherwise. Linkfire may assign or transfer this Agreement without Customers consent. Subject to the foregoing, this Agreement will bind and inure to the benefit of the parties, their respective successors and permitted assigns.
14.9. Any additional or conflicting terms of any Customer purchase order are rejected by Linkfire and do not apply.
14.10. Any additional documents presented to a Linkfire representative by Customer for signature as a condition for going on a Customers site will be governed by this Agreement and to the extent that such document presents additional terms or conflicts with this Agreement, it shall be considered null and void.
SERVICE LEVEL AGREEMENT (SLA)
1. Service Levels.
Linkfire undertakes that (i) it shall use reasonable commercial endeavours to maintain the online availability of the Service for a minimum of 98% availability in each calendar month of the Term (excluding planned maintenance, force majeure and outages caused by technology issues and human error of Customer) (the Service Level), (ii) its obligations under this SLA will be performed in accordance with industry standards, (iii) the functionality of the Service will not materially decrease and Customers support will not adversely change during the Term unless otherwise agreed between the parties and (iv) it shall utilize reasonable commercial efforts to design and build its infrastructure in order to avoid any single of point of failure. Customer shall immediately notify Linkfire in the event that the Service Level availability has declined; including a specification of the error and availability lack.
2. Service Credits.
Provided that Customer is in compliance with the Agreement has paid all Fees by the applicable due date, if Linkfire fails to meet the Service Level in any calendar month of the Customers membership period, Customer shall receive the following (the Service Credits):
If the Service availability falls below the Service Level but is above 90% availability during a calendar month, Customer will be entitled to receive a two percent (2%) deduction of the following months Fee. In the event the Fee is paid annually upfront, Linkfire shall remit a payment to Customer equal to such Service Credit due.
If the Service availability falls below 90% availability, but is above 80% availability, during a calendar month, Customer will be entitled to receive a five percent (5%) deduction of the following months Fee. In the event the Fee is paid annually upfront, Linkfire shall remit a payment to Customer equal to such Service Credit due.
If the Service availability falls below 80% availability during a calendar month, Customer will be entitled to receive a one hundred percent (100%) deduction of the following months Fee. In the event the Fee is paid annually upfront, Linkfire shall remit a payment to Customer equal to such Service Credit due.
3. Remedies.
Linkfire undertakes to use its reasonable commercial endeavours to perform the Services in accordance with the terms of this SLA. Customers exclusive remedy and Linkfires sole obligation for breach of this SLA will be the Service Credits set forth above, provided, that, if Linkfire breaches this SLA in any three (3) months of the Term, then Customer may, in Customers sole discretion, terminate this Agreement by providing written notice to Linkfire within thirty (30) days of Customers initial knowledge of such breach.
4. Status Page.
Linkfire shall provide a tool for status monitoring (the "Status Page") to its critical services and infrastructure. Such Status Page shall be made available independently of Linkfire's main infrastructure in order to survive major outages and shall be updated regularly and promptly in case of any service unavailability. The Status Page will be made available online at the URL: https://status.linkfire.com and shall feature email, RSS feed and SMS subscription features for the Customer to use.
5. Incident Management.
In case one of more parts of Linkfire's systems become unavailable, The Customer shall engage the following methods to obtain information:
Visit https://status.linkfire.com for a detailed snapshot of the most updated situation.
In case of need, contact the dedicated account manager for further information.
6. Premium Services Support Package.
Linkfire shall provide account management and support for the Service at no additional charge. This includes the following:
New user(s) on-boarding.
Technical support over e-mail.
Access to the online knowledge base (Help Centre) and recorded tutorials.
6.1 Linkfire Support Includes
Assistance and guidance with respect to the use of the Services including:
Clarification of functions and features.
Provision of relevant helpful documentation.
Guidance in using and utilizing the Linkfire platform.
Assistance with platform problems, questions or queries.
Error and bugs verification and analysis.
Recognition, reporting and communication with regards to any Platform deficiency.
Timely communication related to updates to the Linkfires Services (product release notes).
6.2 Support Response Process
Once a support request/ticket is received on e-mail, it is worked to provide (a) the requested clarification to a fix or (b) provision of a workaround to satisfy Customer needs.
Support responses will come via e-mail unless requested otherwise. In the unusual event that Linkfire is not working as designed, a bug will be registered, and the request / ticket will be updated until a fix is deployed. If the requested functionality is currently not available, then the Customers request will be documented and reported to the product team.
Contact information for your dedicated Account Manager will be made available to you within 14 days from the end of your trial.
View ArticleCOMMERCIAL SCHEDULE
Membership
Your Linkfire ADVANCED Plan membership will continue year-to-year, unless otherwise agreed, until terminated in accordance with section 6 of the Subscription Services Agreement. Unless you validly terminate your membership before your yearly renewal date and subject to any Trial Subscriptions, you authorize us to charge your next year's membership Fee to your Payment Method. To use the Linkfire service you must provide us with a current, valid, accepted method of payment ("Payment Method").
Trial Subscriptions
Our service may be made available to you on a free trial basis for a limited time ("Trial Subscription"). The specific duration of the Trial Subscription will be specified in the applicable offer at sign-up. Trial Subscriptions are limited to new service subscribers, unless otherwise specified. Your status as a new subscriber to our services will be determined by us in our sole discretion. The terms of the Subscription Services Agreement apply to any Trial Subscription, unless otherwise specified.
At the time of signing up for a Trial Subscription, you must provide us with a valid Payment Method in order to use our Services during the Trial Subscription period. Your Payment Method will not be charged by us during the Trial Subscription Period.
UPON THE EXPIRATION OF THE TRIAL SUBSCRIPTION, THE SUBSCRIPTION FEE FOR OUR SERVICES WILL BE AUTOMATICALLY CHARGED TO YOUR PAYMENT METHOD, UNLESS YOU VALIDLY CANCEL THE TRIAL SUBSCRIPTION PRIOR TO ITS EXPIRY CONTACTING CUSTOMER SUPPORT OF DIRECTLY FROM THE LINKFIRE DASHBOARD, WHEN AVAILABLE. PLEASE NOTE THAT YOU WILL NOT BE NOTIFIED THAT YOUR TRIAL SUBSCRIPTION WILL END OR HAS ENDED.
Fees
Linkfire may charge your Payment Method such amounts which are from time to time owed by you for the Services including (as applicable) taxes and service fees, set up fees, add-on fees, subscription fees, or any other fee or charge associated with the Services (together, the Fee). A full overview of fees is available on www.linkfire.com.
Billing
The Fee will be billed on a yearly basis, unless otherwise agreed, to your Payment Method on the calendar day corresponding to the commencement of your membership. In some cases, the timing of your billing may change, for example if your Payment Method has not successfully settled or if your paying membership began on a day not contained in a given month. If an option to pay yearly is selected by Customer the respective yearly fee will be charged to your Payment Method.
You can change your Payment Method by sending an email with a request to [email protected] or directly from your Linkfire dashboard, when available. If a payment is not successfully settled due to expiration, insufficient funds, or otherwise, and you do not change your Payment Method or cancel your account, without limiting our rights or remedies, your access to the Services may be suspended until we have obtained a valid Payment Method. Linkfire is authorized hereby to continue billing the Payment Method, as it may be updated and you remain responsible for any uncollected amounts. This may result in a change to your payment billing dates. For certain Payment Methods, the issuer of your Payment Method may charge you a foreign transaction fee or other charges which shall be your sole responsibility. Check with your Payment Method service provider for details.
You can cancel your Linkfire membership in accordance with section 6 of the Agreement, and you will continue to have access to the Linkfire service through the end of your billing period. We do not provide refunds or credits for any partial-month membership periods. To cancel, send an email with a request to [email protected] or submit one from your Linkfire dashboard, when available.
Linkfire may change its service plans and the price of the Services from time to time; provided, however, that Linkfire will provide you with prior notice and an opportunity to terminate the Agreement if Linkfire changes the price of a Service to which you are subscribed and will not charge you for a previously free Service unless you have been notified of the applicable fees and agreed to pay such fees.
SUBSCRIPTION SERVICES AGREEMENT
This Subscription Services Agreement (Agreement), by and between Linkfire ApS, a company formed under the laws of Denmark, located at Artillerivej 86, 3, 2300 Copenhagen S, Denmark (Linkfire) and the customer (Customer), is effective as of the earlier of the date on which the Customer accepts and agrees to this Agreement by ticking the applicable box on signup (or other similar expression of acceptance) or the date on which you start accessing or using the Services (theEffective Date).
This Agreement sets forth the terms and conditions under which the parties agree that Customer may, pursuant to one or more separately executed Commercial Schedules, purchase Linkfires Services as listed on the relevant Commercial Schedule.
This Agreement includes and incorporates the attached Terms and Conditions and all Commercial Schedules, Terms of Use (available on linkfire.com) and other attachments that reference such documents, and contains, among other things, warranty disclaimers, liability limitations and use limitations.
When Customer tick the applicable agree/accept box on signup, the parties agree to be bound by the terms and conditions of this Agreement.
TERMS AND CONDITIONS
1. Introduction
Linkfire provides a marketing intelligence software service which allows the Customer to create smart links.
Linkfire shall provide the Customer with the Services subject to and in accordance with the terms and conditions of this Agreement.
2. Definitions
2.1. Affiliate is an entity that controls, is controlled by or shares common control with Linkfire or Customer (as applicable), where such control arises from either (a) a direct or indirect ownership interest of more than 50% or (b) the power to direct or cause the direction of the management and policies, whether through the ownership of voting stock by contract, or otherwise, equal to that provided by a direct or indirect ownership of more than 50%.
2.2. Commercial Schedule refers to the schedule presented upon sign-up and in Order confirmation and incorporated herein by this reference, setting forth the commercial terms of the Agreement and as may be updated from time to time by Linkfire and Customer.
2.3. Confidential Information shall have the meaning set forth in Section 8.2.
2.4. "Customer Data" means all electronic data or information submitted to the Linkfire Service by: (i) users who click on a Linkfire link directly and identifiably related to the Customer; or (ii) the Customer or a third party on behalf of Customer.
2.5. Discloser means the party disclosing Confidential Information.
2.6. Fees means the monthly or annual subscription fees for the Service as set forth in the Commercial Schedule.
2.7. Infringement Claim shall have the meaning set forth in Section 10.1.
2.8. Recipient means the party receiving Confidential Information.
2.9. Services means the provision, including under a Trial Subscription, of one or more of the following: (i) Linkfire ADVANCED plan services as described at www.linkfire.com; and (ii) the provision of certain Customer Data and statistics as more particularly described at www.linkfire.com.
2.10. Service Items means all software, programming, documentation, templates, questionnaires, methodologies, models, charts, reports and any other items used to deliver the Services or made available to Customer as a result of the Services.
2.11. SLA means the Service Level Agreement, if any.
2.12. Support means the Customer support described at https://support.linkfire.com and in the SLA.
2.13. Terms of Use means the Linkfire Standard Terms of Service as part of the Privacy Policy in force from time to time and available on linkfire.com.
2.14. Intentionally omitted.
2.15. Trial Subscription means the provision of Services to Customer on a free trial basis for a limited time. The specific duration of the Trial Subscription will be specified in the applicable offer at sign-up. Trial Subscriptions are limited to potential new Customers only, unless otherwise specified. A Customers status as a new subscriber to the Services will be determined by Linkfire in its sole discretion. The terms of this Agreement apply to any Trial Subscription, unless otherwise specified.
3. Scope
3.1. Subject to Customers payment of the Fees, Linkfire will provide Customer with access to the Services as set forth in this Agreement and applicable Commercial Schedule.
4. Linkfire Services
4.1. Subject to, and conditional upon Customers compliance with, the terms of this Agreement, Linkfire hereby grants to Customer a non-exclusive, non-transferable,non-sublicenseable, limited license to access and use the Services (i) in the Territory, (ii) for Customers and its Affiliates internal business operations, (iii) in accordance with the Terms of Use and the applicable Commercial Schedule, (iv) for the duration of the Customers membership.
4.2. Linkfire will (i) provide the Services in a manner consistent with general industry standards reasonably applicable to the provision thereof; (ii) use commercially reasonable efforts to maintain the security of Customer passwords; (iii) provide Support to Customer for the Services, which may be changed by Linkfire upon prior notice to customer. If an SLA is provided for the Linkfire Services, the terms of such SLA will be attached to this Agreement.
4.3. Customer shall:
4.3.1. prevent unauthorized access to, or use of, the Services, and notify Linkfire promptly of any such unauthorized access or use;
4.3.2. comply with all applicable laws in using the Services;
4.3.3 pay the Fees in full, without set off or deduction in a timely manner;
4.3.4. not (i) modify, copy or create derivative works based on the Services; (ii) disassemble, reverse engineer, or decompile the Services or part thereof, or access it in order to copy any ideas, features, content, functions or graphics of the Linkfire Services; (iii) interfere with or disrupt the integrity or performance of the Services; (iv) send or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material, or send or store material in violation of any third partys privacy rights via the Services; (v) send or store viruses or malicious code via the Services; (vi) attempt to gain unauthorized access to the Services or its related software, systems, platforms or networks; (vii) use any components provided with the Services separately from the Services; or (viii) distribute, rent, lease, sublicense or provide the Services to any third party or use it in a service bureau, outsourcing environment, or for the processing of third party data.
4.4. Customer acknowledges and accept that certain Service tiers and features are supported by and may contain advertising and promotional messages alongside Customer Data. Customer agrees that it shall not participate in any revenue or consideration received or receivable by Linkfire in connection with the delivery of such advertising or promotional messages.
5. Fees and Payment
5.1. The Fees payable for the Services are set forth in the applicable Commercial Schedule. The Fees will be invoiced in accordance with the relevant Commercial Schedule and are due in accordance with the payment terms set forth in such applicable Commercial Schedule.
5.2. Customer will pay or reimburse Linkfire or, when required by law, the appropriate governmental agency, for taxes of any kind, including sales, use, VAT, excise, customs duties, withholding, property, and other similar taxes (other than taxes based onLinkfiresnet income or arising from the employment relationship between Linkfire and its personnel) imposed in connection with the fees paid for the Services, which are exclusive of these taxes.
5.3. In addition to its other rights and remedies, Linkfire reserves the right, without liability to the Customer, to suspend any and all access to the Services if Customer fails to pay the Fees or any other amount due until all accounts are paid in full. The unpaid balance of each late payment bears interest at a rate equal to the lesser of 1% per month or the maximum amount permitted by law.
6. Term and Termination
6.1. This Agreement begins on the Effective Date and will remain in effect unless terminated pursuant to Section 6.2 or 6.3 below.
6.2. Upon 30 days advance written notice, either party may terminate this Agreement for its convenience; however, in the event of Customer terminating the agreement such termination will have no effect on Commercial Schedules executed by the parties prior to its effective date, including but not limited to payment obligations contained therein, and such Commercial Schedules will remain in full force and effect under the terms of this Agreement for the term specified therein. Commercial Schedules may not be terminated for convenience unless otherwise specified therein. In the event of Linkfire terminating the Agreement under this section 6.2, Customer shall be entitled to a pro-rata refund of Fees paid for the remainder of the membership period.
6.3. Either party may terminate this Agreement for cause: (i) upon 30 days written notice of a material breach to the other party if such breach remains uncured at the expiration of such period; or (ii) immediately if the other party becomes the subject of a petition in bankruptcy or any other proceeding relating to insolvency, receivership, liquidation or assignment for the benefit of creditors.
6.4. In addition to its other rights and remedies, Linkfire reserves the right, without liability to Customer, to immediately suspend any and all access to the Services if Customer commits a material breach of this Agreement or any relevant Commercial Schedule until such material breach is cured. If such material breach is (i) unable to be cured, or (ii) is not cured within 14 days from receipt of written noticehereof, then Linkfire may immediately terminate the Agreement and/or the affected Commercial Schedule.
6.5. Upon termination pursuant to 6.2 and 6.3 above, all rights and licenses granted to Customer herein will terminate and Customer will make no further use of the Services. No termination will relieve the Customer of the obligation to pay any Fees accrued or payable to Linkfire. Customer Data will still be available in a read-only mode, where Customer can access the Customer Data, but not edit any existing links or add new. After a one-year period, Linkfire shall have no obligation to maintain or provide any Customer Data and may thereafter delete Customer Data without further notice. Linkfire can provide reader-access to links created after termination, and links will continue to remain active as set up on creation or edit date. Upon termination, Linkfire reserves the right to de-activate links that have not received at least 50 clicks within a consecutive period of 90 days, without further notice. Customers will not be able to create new links nor edit already created links after termination.
7. Limited Warranty
7.1. Linkfire warrants to Customer that the Services (i) will perform in substantial accordance with the applicable SLA, if any, and (ii) will be performed in a manner consistent with industry standards reasonably applicable to the provision thereof. Customers exclusive remedy and Linkfires sole obligation for breach of the warranty in this Section 7 will be Linkfires use of commercially reasonable efforts to have the Services perform in substantial accordance with the SLA, or replace the non-conforming portion of the Service within a reasonable period of time, or if Linkfire cannot have the Service perform in substantial accordance with the SLA or replace the Services within such time period, then Linkfire will refund the amount paid by Customer for the Services, pro-rated from the date of the notice of the claim. Customers rights and Linkfiresobligations in this Section 7 are conditioned upon Customers providing Linkfire with written notice of the claim, a complete description of the alleged defects and a specific reference to the part or parts of the Services and/or SLA, as applicable, to which such alleged defects are contrary.
8. Proprietary rights and confidentiality
8.1. Linkfire, its Affiliates or licensors retain all right, title and interest to the Services and all related intellectual property and proprietary rights. The Services are protected by applicable copyright, trade secret, industrial and other intellectual property laws. Linkfire owns all right, title and interest in Service Items and access to and use of the relevant Service Items will be governed by the terms of this Agreement. The Service Items are deemed Confidential Information under this Agreement. Linkfire reserves any rights not expressly granted to Customer.
8.2. Confidential Information means all proprietary or confidential information that is disclosed to the Recipient by Discloser, and includes, among other things (i) any and all information relating to products or services provided by a Discloser, its customer-related and financial information, software code, flow charts, techniques, specifications, development and marketing plans, strategies, and forecasts; (ii) as to Linkfire, and its licensors, the Services; and (iii) the terms of this Agreement, including without limitation, pricing information. Confidential Information does not include information that Recipient can show: (a) was rightfully in Recipients possession without any obligation of confidentiality before receipt from the Discloser; (b) is or becomes a matter of public knowledge through no fault of Recipient; (c) is rightfully received by Recipient from a third party without violation of a duty of confidentiality; or (d) is or was independently developed by or for Recipient.
8.3. Recipient may not disclose Confidential Information of Discloser to any third party or use the Confidential Information in violation of this Agreement. The Recipient (i) will exercise the same degree of care and protection with respect to the Confidential Information of the Discloser that it exercises with respect to its own Confidential Information and (ii) will not, either directly or indirectly, disclose, copy, distribute, republish, or allow any third party to have access to any Confidential Information of the Discloser. Notwithstanding the foregoing, Recipient may disclose Disclosers Confidential Information to Recipients employees and agents who have a need to know provided that such employees and agents have legal obligations of confidentiality substantially the same (and in no case less protective) as the provisions of this Agreement.
8.4. If the Recipient becomes aware of any unauthorized use or disclosure of Disclosers Confidential Information, then Recipient will promptly and fully notify the Discloser of all facts known to it concerning such unauthorized use or disclosure. In addition, if the Recipient or any of its employees or agents are required (by oral questions, interrogatories, requests for information, or documents in legal proceedings, subpoena, civil investigative demand, or other similar process) to disclose any of Disclosers Confidential Information, the Recipient will not disclose the Disclosers Confidential Information without providing the Discloser with commercially reasonable advance prior written notice to allow Discloser to seek a protective order or other appropriate remedy or to waive compliance with this provision. In any event, the Recipient will exercise its commercially reasonable efforts to preserve the confidentiality of the Disclosers Confidential Information, including, without limitation, cooperating with Discloser to obtain an appropriate protective order or other reliable assurance that confidential treatment will be accorded to the Confidential Information. Notwithstanding the foregoing, Customer agrees that Linkfire may refer to Customer as a customer of Linkfire, both internally and in externally published media.
8.5. As between Linkfire and Customer, Customer owns all rights, title and interest in and to Customer Data (to the extent that such Customer Data has intellectual property rights protection). Customer grants Linkfire a non-exclusive, transferable, sub-licensable, royalty-free license and right to:
(i) use the Customer Data pursuant to and for the duration of this Agreement (and for one year after termination under section 6.6) in order to provide the Services to the Customer; and
(ii) use the Customer Data in a form that is not directly attributable (i.e. artist based audiences is not considered directly attributable) to the Customer (Non-Attributable Customer Data) on a perpetual (or, in jurisdictions where this is not permitted, for a term equal to the duration of the Agreements plus twenty (20) years), irrevocable, fully paid, worldwide license basis in order to use, sell, reproduce, make available to the public, publish, translate, modify, create derivative works from, and distribute such Non-Attributable Customer Data in any Linkfire products or services any suggestions, enhancement requests, recommendations or other feedback provided by Customer relating to the Services through any medium, whether alone or in combination with other content or materials, in any manner and by any means, method or technology, whether now known or hereafter created.
Customer acknowledges that, notwithstanding the above, Linkfire is a separate data controller in respect of any personal data of Users comprised in the Customer Data as further explained in clause 12.
9. Disclaimers and Limits on Liability
9.1. Disclaimer. CUSTOMER ACKNOWLEDGES THAT, EXCEPT AS OTHERWISE EXPRESSLY PROVIDED HEREIN, LINKFIRE, ITS AFFILIATES AND LICENSORS MAKE NO WARRANTY, EXPRESS, IMPLIED OR STATUTORY WITH RESPECT TO THE SERVICES OR USE THEREOF. LINKFIRE, ITS AFFILIATES AND LICENSORS HEREBY EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY THAT SERVICES WILL BE UNINTERRUPTED, ERROR FREE OR WITHOUT DELAY, AND THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INTERFERENCE, NON-INFRINGEMENT AND INFORMATION CONTENT.
9.2. DISCLAIMER OF DAMAGES. EXCEPT FOR A BREACH OF SECTION 4.3 AND EACH PARTYS RESPONSIBILITIES IN SECTION 8, NEITHER PARTY OR ITS AFFILIATES ARE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES RELATING TO OR ARISING OUT OF THIS AGREEMENT OR THE SERVICES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST COMPUTER USAGE TIME, AND DAMAGE TO, OR LOSS OF USE OF, DATA), EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND IRRESPECTIVE OF ANY NEGLIGENCE OF A PARTY OR WHETHER SUCH DAMAGES RESULT FROM A CLAIM ARISING UNDER TORT OR CONTRACT LAW.
9.3. LIMITS ON LIABILITY. EXCEPT FOR A BREACH OF SECTION 8, LINKFIRE AND ITS AFFILIATES AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE SERVICES, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY, SHALL NOT EXCEED THE AMOUNTS ACTUALLY PAID BY AND DUE FROM CUSTOMER PURSUANT TO THE COMMERCIAL SCHEDULES GIVING RISE TO LIABILITY.
10. Indemnification
10.1. Indemnification by Linkfire. If a third party asserts a claim against Customer asserting that Customers authorised use of the Services in accordance with this Agreement directly and identifiably violates that third-partys patent, trade secret or copyright rights (Infringement Claim), then Linkfire will, at its own expense: (a) defend or settle the Infringement Claim; and (b) indemnify Customer for any damages finally awarded against Customer based on infringement by the Services. If Linkfire believes the Services may violate a right, then Linkfire will, at its expense: (a) modify the Services, or (b) procure the right to continue using the Services, and if (a) or (b) are not commercially reasonable, terminate Customer's right to use the Services and issue a pro-rata refund for the unexpired pre-paid portion of such Services.
10.2. Indemnification by Customer. Subject to the terms of this Agreement, if a third party asserts a claim against Linkfire asserting that the Customer Data or Customers use of the Service in violation of this Agreement violates that third-partys patent, trade secret or copyright rights, or otherwise harms the third party (Claim), Customer will, at its own expense: (a) defend or settle the Claim; and (b) indemnify Linkfire for any damages, losses, liabilities, costs and expenses suffered or incurred by Linkfire arising from the Claim.
10.3. Indemnity Process. Neither partys obligations under this Section will apply if: (a) the indemnifying partys legal department does not receive prompt, detailed written notice of the Infringement Claim/Claim from the party being indemnified, (b) the indemnifying party is not able to retain sole control of the defense of the Infringement Claim/Claim and all negotiations for its settlement or compromise, or (c) the indemnifying party does not receive all reasonable assistance from the party being indemnified. Neither party will bind the indemnified party to a monetary obligation in a settlement or compromise, or make an admission on behalf of the indemnified party, without obtaining that partys prior consent.
10.4. THIS SECTION CONTAINS EACH PARTY'S EXCLUSIVE REMEDIES AND THE INDEMNIFYING PARTY'S SOLE LIABILITY FOR INFRINGEMENT CLAIMS/CLAIMS, RESPECTIVELY.
11. Governing Law and Dispute Resolution
11.1. A party will provide written notice to the other party of any controversy, dispute or claim arising out of or relating to this Agreement, or to the formation, interpretation, breach, termination, or validity thereof (Controversy). The parties shall engage in good faith negotiations to resolve the Controversy. Only if the Controversy is not resolved through good faith negotiations within 15 days of the sending of the written notice of Controversy, the Controversy may be submitted to litigation. Any dispute arising out of or in connection with our relationship, including any disputes regarding the existence, validity or termination of this Agreement, shall be governed by Danish law. The dispute shall be subject to simplified arbitration administrated by The Danish Institute of Arbitration in accordance with the rules of the simplified arbitration procedure adopted by The Danish Institute of Arbitration and in force at the time when such proceedings are commenced.
11.2. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to this Agreement. Nothing in this Agreement shall be deemed as preventing either party from seeking immediate injunctive relief from any court having jurisdiction over the parties and the subject matter of the dispute.
12. Customer Data and Data Protection
12.1 For the purposes of European data protection legislation (where relevant), each of Linkfire and the Customer are separate data controllers in respect of their own processing of any personal data comprised in User Data and each party shall separately be responsible for their compliance with relevant data protection regulations in relation to the same.
12.2 Linkfires processing of such personal data of Users shall be undertaken in accordance with Linkfires Privacy Policy, which is published at www.linkfire.com from time to time.
12.3 Customer shall be responsible for the security of the transmission of Customer Data to Linkfire but, when the Customer Data is with Linkfire, it shall take appropriate technical and organizational measures to ensure a level of security appropriate to the risk in accordance with data protection legislation.,
13. Verification
13.1. Customer agrees that Linkfire or its agent may monitor the Services to ensure Customers compliance with the terms of this Agreement.
14. Miscellaneous Terms
14.1. Linkfire is not liable for its failure to perform any of its obligations under this Agreement during any period in which performance is delayed by Customer or circumstances beyond Linkfire's reasonable control.
14.2. The parties are independent contractors and this Agreement does not create a partnership, franchise, joint venture, agency, fiduciary, or employment relationship between the parties.
14.3. Customer will receive system notifications from Linkfire and its licensors, if applicable (i.e. planned downtime notices, etc).
14.4. This Agreement, including any Exhibits and Commercial Schedules constitutes the entire agreement between Customer and Linkfire and supersedes any prior or contemporaneous negotiations or agreements, whether oral or written concerning the Services.
14.5. There are no representations, promises, warranties, covenants, or undertakings between the parties other than those expressly set forth in this Agreement.
14.6. There are no third party beneficiaries to this Agreement; Customer is not entering into a contractual relationship with Linkfires licensors and Linkfires licensors have no liability to Customer.
14.7. No modification or waiver of any provision hereof will be effective unless made in a writing signed by both Linkfire and Customer.
14.8. This Agreement and the rights hereunder are not transferable or assignable by Customer (and any attempted assignment will be void) without the prior written consent of Linkfire, except to a person or entity who acquires all or substantially all of the assets or business of Customer, whether by sale, merger or otherwise. Linkfire may assign or transfer this Agreement without Customers consent. Subject to the foregoing, this Agreement will bind and inure to the benefit of the parties, their respective successors and permitted assigns.
14.9. Any additional or conflicting terms of any Customer purchase order are rejected by Linkfire and do not apply.
14.10. Any additional documents presented to a Linkfire representative by Customer for signature as a condition for going on a Customers site will be governed by this Agreement and to the extent that such document presents additional terms or conflicts with this Agreement, it shall be considered null and void.
SERVICE LEVEL AGREEMENT (SLA)
1. Service Levels.
Linkfire undertakes that (i) it shall use reasonable commercial endeavours to maintain the online availability of the Service for a minimum of 98% availability in each calendar month of the Term (excluding planned maintenance, force majeure and outages caused by technology issues and human error of Customer) (the Service Level), (ii) its obligations under this SLA will be performed in accordance with industry standards, (iii) the functionality of the Service will not materially decrease and Customers support will not adversely change during the Term unless otherwise agreed between the parties and (iv) it shall utilize reasonable commercial efforts to design and build its infrastructure in order to avoid any single of point of failure. Customer shall immediately notify Linkfire in the event that the Service Level availability has declined; including a specification of the error and availability lack.
2. Service Credits.
Provided that Customer is in compliance with the Agreement has paid all Fees by the applicable due date, if Linkfire fails to meet the Service Level in any calendar month of the Customers membership period, Customer shall receive the following (the Service Credits):
If the Service availability falls below the Service Level but is above 90% availability during a calendar month, Customer will be entitled to receive a two percent (2%) deduction of the following months Fee. In the event the Fee is paid annually upfront, Linkfire shall remit a payment to Customer equal to such Service Credit due.
If the Service availability falls below 90% availability, but is above 80% availability, during a calendar month, Customer will be entitled to receive a five percent (5%) deduction of the following months Fee. In the event the Fee is paid annually upfront, Linkfire shall remit a payment to Customer equal to such Service Credit due.
If the Service availability falls below 80% availability during a calendar month, Customer will be entitled to receive a one hundred percent (100%) deduction of the following months Fee. In the event the Fee is paid annually upfront, Linkfire shall remit a payment to Customer equal to such Service Credit due.
3. Remedies.
Linkfire undertakes to use its reasonable commercial endeavours to perform the Services in accordance with the terms of this SLA. Customers exclusive remedy and Linkfires sole obligation for breach of this SLA will be the Service Credits set forth above, provided, that, if Linkfire breaches this SLA in any three (3) months of the Term, then Customer may, in Customers sole discretion, terminate this Agreement by providing written notice to Linkfire within thirty (30) days of Customers initial knowledge of such breach.
4. Status Page.
Linkfire shall provide a tool for status monitoring (the "Status Page") to its critical services and infrastructure. Such Status Page shall be made available independently of Linkfire's main infrastructure in order to survive major outages and shall be updated regularly and promptly in case of any service unavailability. The Status Page will be made available online at the URL: https://status.linkfire.com and shall feature email, RSS feed and SMS subscription features for the Customer to use.
5. Incident Management.
In case one of more parts of Linkfire's systems become unavailable, The Customer shall engage the following methods to obtain information:
Visit https://status.linkfire.com for a detailed snapshot of the most updated situation.
In case of need, contact the dedicated account manager for further information.
6. ADVANCED Services Support Package.
Linkfire shall provide account management and support for the Service at no additional charge. This includes the following:
New user(s) on-boarding.
Technical support over e-mail.
Access to the online knowledge base (Help Center) and recorded tutorials.
6.1 Linkfire Support Includes
Assistance and guidance with respect to the use of the Services including:
Clarification of functions and features.
Provision of relevant helpful documentation.
Guidance in using and utilizing the Linkfire platform.
Assistance with platform problems, questions or queries.
Error and bugs verification and analysis.
Recognition, reporting and communication with regards to any Platform deficiency.
Timely communication related to updates to the Linkfires Services (product release notes).
6.2 Support Response Process
Once a support request/ticket is received on e-mail, it is worked to provide (a) the requested clarification to a fix or (b) provision of a workaround to satisfy Customer needs.
Support responses will come via e-mail unless requested otherwise. In the unusual event that Linkfire is not working as designed, a bug will be registered, and the request / ticket will be updated until a fix is deployed. If the requested functionality is currently not available, then the Customers request will be documented and reported to the product team.
Contact information for your dedicated Account Manager will be made available to you within 14 days from the end of your trial.
View ArticleWhenever fans click on a release link thatyou'vecreated, they're taken to a landing page, where they can choose from a list of music services.
When setting up your link you can see and edit all the music services that have been matched to your release in the section Service Destinations. Some services will show a gray check mark and others a green. The gray check mark means that service is a multi-store, so it has different stores for different territories (e.g. Apple Music in the US is different from Apple Music in Denmark). Services with the green check mark have one store for all territories (this is true of Spotify and Deezer for example).
To check which territories have been matched to your release in multi-store services, click the drop-down to the right of the gray check mark. Youll then see a green check mark along with the number of territories matched. To see these matched territories individually, hover over the number and click View All.
here
If a territory has been matched with less than 95% accuracy, it will show a yellow "Review" and exclamation point. Click "Review" to choose from a number of options, including manually inputting a URL yourself, or excluding that territory.
Missing a music service on your list? Learn how to add other music services to your list.
Landing page preview
The preview of your landing page shows the territory Default, which will only show matched single store services. Thats why you might only see Spotify and Deezer displayed here, even though your release has been matched to multi-store services like Apple Music.
To see how your landing page will look for fans in different territories, there are a number of options:
Check out all your matches in Service destinations
Get a visual preview by copying your link to your search bar and add /lang/ISO code (e.g. https://lnk.to/releaselinktest/lang/FR ). Countries ISO codes can be found .
Business plans only. Go to Landing page and add a different territory.
View ArticleRelease links are one of the five campaign types that you can create with Linkfire. Click here to read about the different types of links
To create a release link, you must use a valid music URL. This is typically a link to a track or an album on a music service like iTunes or Spotify. Click the green Create link button in the upper right-hand corner of your dashboard, choose Release as your link type, and click Continue. Then paste in your copied URL and you will be directed to the page looking like the screenshot below.
how to customize the landing page
Here you can customize the title, tag your campaign, edit the short code and change the image.
Once you have customized your link, click the green Create link button and our scanner will try to find music matches on other services. Afterward, you will be redirected to your dashboard where you can get the link for sharing.
When the link is ready, it will be marked with a blue text saying Ready for Review. Click this to access the SETUP and CUSTOMIZE sections which are where you can manage the details of your link further.
The most important section is "Service destinations" under "SETUP", where you can see all music matches that we have found for your release.If some matches have less than 95% accuracy, they will appear under Review with a yellow exclamation point. We recommend spending a minute to look through these destinations and edit or remove any thatdon'tpoint to the correct release URL.
In the "Customize" section you can change the order of the music services on your landing page, de-activate services and get a preview of how your social cards will look when you share your link on Facebook and Twitter and change the copy.
Click here to read more about .
View ArticleLinkfire is built to empower you to promote your music, which often takes the form of singles or albums. However, playlists have been making headway as one of the most popular ways to consume music. Using our tool, you can now route fans to your playlists across different music services.
How to create a Linkfire playlist link
In order for Linkfire to automatically scan your playlist and find matching playlists elsewhere, you will need to start with the URL to your playlist on a supported service. We currently support Spotify and Deezer, with more services on the way. Don't worry, any other service can always be added manually.
To get started with your playlist link, just hit the green Create link in the upper right-hand corner of your dashboard, choose Playlist as your linktype. Then click Continue and paste in your playlist URL and you will be directed to a page looking like the screenshot below.
Here you can customize the title, add tags to your campaign, edit the short code and change the image.
Once you have customized your link, click the green Create link button and our scanners will try to find playlist matches on other services. Afterward, you will be redirected to your dashboard where you can get the link for sharing.
If you entered a Spotify URL, we will scan for the corresponding playlist on Deezer and vice versa.
You can then go to the Edit section of your link, select Service Destinations and manually add links to the playlist on other music services that have been previously added to your board settings.
This feature will be continually expanded as we add more services to the list of supported services that we scan automatically for playlists.
View ArticleMost links created with Linkfire take fans to music on different services through our landing pages. However, you can also use Linkfire to link directly to other forms of content, such as articles about your latest release or a music video.
Linking to single destinations through Linkfire lets you harness our powerful analytics tools to monitor your marketing efforts, and also lets you collect remarketing data for anyone clicking on your links. Additionally, you can use our conditional redirect feature to take different users to different destinations, depending on criteria such as where they're located and what device they're using.
To create a Linkfire content link, click the green Create link button in the upper right-hand corner of your dashboard, choose Content as your link type, and click Continue. Then paste in the destination you want to link to and you will be directed to a page looking like the screenshot below.
Here you can customize the title, add tags to your campaign, edit the short code and change the image.
Once you have customized your link, click the green Create link button and your content will be wrapped in a Linkfire link. Afterward, you will be redirected to your dashboard where you can get the link for sharing.
View ArticleYour work inside Linkfire revolves around a link. Whether youre creating a landing page for your latest album or a direct link so you can track clicks to a recent press release, you will do so by creating a Linkfire link. Watch the video below to get a full intro to how to create your first link or follow the step-by-step guide below.
To create a new link, just hit the big green Create link button in the upper right-hand corner when logged into Linkfire.
Content Link
Start off by choosing the type of link type you want to create. This will depend on what youll be using your link for - choose from five different link types being Release, 'Pre-release', Playlist, Tickets or Content.
Next, paste in a link to your content, that can be a link to your album in a streaming service, a direct link to a website or a link to a playlist. If youre creating a Release link for an album or a track, you can also paste in a UPC or ISRC, respectively. Be sure to fetch the correct link - learn more here.
Linkfire automatically scan your URL or code and show you the results on the next page. These may include an image, title and the artist behind your album or track.
Depending on the URL you created your link with, Linkfire will automatically create one of the following types of links:
Release Link A link to a track or album. A link of this type will have a beautiful landing page and typically offer your fans to go to your content on different services.
To create this type of link, use a valid music URL as your source URL. We recommend using links to Spotify or iTunes for best results.
Note: You can also create podcast links via the Release link, learn how.
Pre-release Link (Premium feature)
Create a link and landing page before your release is available with a pre-release link. This is a great way to drive engagement, gain new followers and increase streams, while building momentum prior to an upcoming release.
Playlist Link This is similar to a music link, and it also features the familiar landing page. However, as playlists are managed slightly differently across services, these links look slightly different when you create them.
To create this type of link, use a URL to a playlist on Spotify or Deezer as your source URL.
Ticket Links Linkfires Bandsintown integration makes promoting tickets for tours or events quick and easy. You can also create a tour link by manually adding each ticket link to your landing page - learn more
If you use a non-music link as your source URL, Linkfire will create a content link. This type of link has no landing page, but you can still customize the behavior of the link in different ways and collect detailed insights. Content links are typically used to link to events, articles about your newest releases or other destinations that are not actually music.
View ArticleArthur C. Clarke said that The only way to discover the limits of the possible is to go beyond them into the impossible. We went there and decided that there should be no limits. Use Linkfire as much as you want.
View ArticleCreate a link for your upcoming tours and live events with Linkfire's ticket links.
Ticket links are one of five link types that you can create with Linkfire. Click here to read about the different types of Linkfire links.
To create a ticket link, you must use a valid ticket URL. This is typically a link directly to a ticket provider like Ticketmaster, Eventbrite or AXS. Click the green Create link button in the upper right-hand corner of your dashboard, choose Tickets and click Continue. When prompted, paste your copied URL and scan it as you would with any other link. The result should look similar to the screencap below.
Next, you can customize the title, tag your campaign, edit the short code and change the image. When you are done modifying, click the green Create link button.
When the link is ready, it will be marked with blue text saying Ready for Review. Click this to begin populating and customizing the landing page. To add new dates, navigate to the Shows tab. Here youll enter the destination URL, date, venue and location (city) for each respective show.
Next, find the Customize section, where you can edit the artwork and text shown on the landing page and on your social cards. If you click Landing page you can choose between 3 sections to customize - Shows, Artwork and Media and Description.
ShowsThis is the section where you can edit the text for the buttons for each show. By default they have Buy, but if a show for example, sells out you can change that text to Sold out or if the artist is touring in different countries you can provide each button with your preferred translation.It's also possible to disable shows you want to hide from the landing page by checking off the blue checkmark to the left. An updated preview of your landing page is at all time visible on the left side of the screen.
Artwork and MediaIn this section, you can upload a new artwork for your landing page if you wish to change artwork that Linkfire per default pulls from the metadata of the scan. You will also have the option to include a media sample, in the form of a YouTube video, that can be played on the landing page.
DescriptionCustomize the title, paragraph and the text shown for past shows in the Description section. For line breaks in the paragraph text press the return key.You may add line breaks by pressing the return or enter key on your keyboard.
Once you are finished with these changes, click the green Done button and finalize by hitting the Update at the upper right-hand corner and youre ready to share your link with a landing page looking like the example below.
View ArticleMost links created with Linkfire allow fans to select their preferred service for listening to music, via a landing page. However, you can also use Linkfire for podcasts and create landing pages that will take your fans to their podcast service of choice, while closely tracking their behavior every step of the way.
To create a podcast link, start by choosing the link type Release.
customize the landing page
Next, paste your podcast URL (preferably from either Spotify, iTunes or Soundcloud) to capture any available metadata. From there, youll be redirected to begin setting up your link. This is where you can add/change the artwork and title, add tags and customize the subdomain and shortcode.
After clicking Create link youll be re-directed to your link feed, where youll find the newly created podcast link and a notification that reads NO MATCHES FOUND. This means that any service you wish to include has to be added manually.
Note: Our scanner is currently not geared to scan podcast links as it does music links. Thus, podcast linkswon'tyield any matches, meaning you have to add all services manually.
To manually add a link click Edit link and head to the section called 'Service destinations'. Scroll down to the bottom of the page where you will see a blue + icon with the text Add service.
Simply type in the name of the new service youre looking to add to your landing page and click to select it. Find the newly added service in your list of destinations and click the drop-down to edit - like shown in the image below.
Choose Manual URL and input in the podcast link for that specific service.
The rest of the process remains the same as a release link. You can further, change the order of services and update the social cards, as needed
When you're finished, click "Publish" in the top right corner of your screen.
View ArticleIf you want to create several links with identical settings, you can duplicate the link settings of an existing link instead of starting from scratch.
Go to Edit the link you wish to duplicate and then head over to the Duplicate as new draft section in the General category.
Clicking Duplicate will copy the link settings of your existing link to a new link. See the overview below of which settings are duplicated and which are NOT.
Once you click Duplicate you will be directed to a new link setup with identical settings where you can add a new URL and scan it along with updating the correct title, artwork etc.Link types supported
Release links
Pre-release links
Playlist links
View ArticleLinkfires Bandsintown integration makes promoting tickets for tours or events quick and easy. Watch the quick video to learn more about how to create automated ticket links or follow the step-by-step guide below.
By inputting an artists name, well automatically fetch all their tour dates. These dates are then presented, alongside direct sales links, on a customizable landing page.
Follow this step-by-step guide to get started with automated ticket links.
1. Choose the link type Tickets.
2.Type in the name of the artist who is on tour.
3.Customize the title (only for your internal use), tag your campaign (to easily filter your links later), and edit the short code to make your URL unique. You can, for example, use a tour or artist name tix.to/tourname. When youre done modifying, click the green Create link button.
4. Well scan for tour dates, and then your link is ready to be customized and published. To begin, click on your new links blue READY FOR REVIEW label.
5.In the menu on the left-hand side, click shows to see all the shows that have been fetched from Bandsintown.
Uncheck any that youdon'twant to be displayed on your landing page. You can also manually add any shows that are missing. To do this, scroll to the bottom of the list of fetched shows, and click Add Show. Select which ticket service you want to use, and then enter the shows details.
6.To customize your landing page, click on "Landing page" in the left-hand menu. You can edit destinations, artwork and media, or description by choosing between the three buttons under "Select a section to customize". You can add a youtube video or audio clips, or change each show's action text (for example, from Buy to Sold Out). Click the green Done to save your changes.
7.Onceyou'vefinished editing your link remember to hit the big green Publish.
8.On your Links page, hover over your link and click Get to copy your smart link and start sharing it with your fans.
View ArticleTo create a release or playlist link, you need to use a valid music URL when prompted to insert your link.
creating a link
This link is typically a link to a track or album on a music service. We recommend using links from Apple Music, Spotify, or Pandora as these usually result in the best scan results. To see how to fetch a valid URL for these services, check out the screenshots below.
Spotify album and song link
Apple Music album and song link
Pandora album and song link
Onceyou'vecopied your correct music URL, simply paste it in the blue box when . Well then extract its unique ID, and scan all other music services in our database for matchesyoull see the results in Service destinations. This is how a Linkfire link is created from inputting just one original URL.
View ArticleLinkfire ApS
Corporate headquarterArtillerivej 86, 3rd floor2300 Copenhagen SDENMARK
DirectorsLars Ettrup, CEOJeppe Faurfelt, COO
Corporate Registration number35835431
VAT numberDK35835431
View ArticleCOMMERCIAL SCHEDULE
Membership
Your Linkfire PRO Plan membership will continue month-to-month until terminated in accordance with section 6 of the Subscription Services Agreement. Unless you validly terminate your membership before your monthly renewal date and subject to any Trial Subscriptions, you authorize us to charge your next month's membership Fee to your Payment Method. To use the Linkfire service you must provide us with a current, valid, accepted method of payment ("Payment Method").
Trial Subscriptions
Our service may be made available to you on a free trial basis for a limited time ("Trial Subscription"). The specific duration of the Trial Subscription will be specified in the applicable offer at sign-up. Trial Subscriptions are limited to new service subscribers, unless otherwise specified. Your status as a new subscriber to our services will be determined by us in our sole discretion. The terms of the Subscription Services Agreement apply to any Trial Subscription, unless otherwise specified.
At the time of signing up for a Trial Subscription, you must provide us with a valid Payment Method in order to use our Services during the Trial Subscription period. Your Payment Method will not be charged by us during the Trial Subscription Period.
UPON THE EXPIRATION OF THE TRIAL SUBSCRIPTION, THE SUBSCRIPTION FEE FOR OUR SERVICES WILL BE AUTOMATICALLY CHARGED TO YOUR PAYMENT METHOD, UNLESS YOU VALIDLY CANCEL THE TRIAL SUBSCRIPTION PRIOR TO ITS EXPIRY CONTACTING CUSTOMER SUPPORT OF DIRECTLY FROM THE LINKFIRE DASHBOARD, WHEN AVAILABLE. PLEASE NOTE THAT YOU WILL NOT BE NOTIFIED THAT YOUR TRIAL SUBSCRIPTION WILL END OR HAS ENDED.
Fees
Linkfire may charge your Payment Method such amounts which are from time to time owed by you for the Services including (as applicable) taxes and service fees, set up fees, add-on fees, subscription fees, or any other fee or charge associated with the Services (together, the Fee). A full overview of fees is available on www.linkfire.com.
Billing
The Fee will be billed on a monthly basis to your Payment Method on the calendar day corresponding to the commencement of your membership. In some cases, the timing of your billing may change, for example if your Payment Method has not successfully settled or if your paying membership began on a day not contained in a given month. If an option to pay yearly is selected by Customer the respective yearly fee will be charged to your Payment Method.
You can change your Payment Method by sending an email with a request to [email protected] or directly from your Linkfire dashboard, when available. If a payment is not successfully settled due to expiration, insufficient funds, or otherwise, and you do not change your Payment Method or cancel your account, without limiting our rights or remedies, your access to the Services may be suspended until we have obtained a valid Payment Method. Linkfire is authorized hereby to continue billing the Payment Method, as it may be updated and you remain responsible for any uncollected amounts. This may result in a change to your payment billing dates. For certain Payment Methods, the issuer of your Payment Method may charge you a foreign transaction fee or other charges which shall be your sole responsibility. Check with your Payment Method service provider for details.
You can cancel your Linkfire membership in accordance with section 6 of the Agreement, and you will continue to have access to the Linkfire service through the end of your billing period. We do not provide refunds or credits for any partial-month membership periods. To cancel, send an email with a request to [email protected] or submit one from your Linkfire dashboard, when available.
Linkfire may change its service plans and the price of the Services from time to time; provided, however, that Linkfire will provide you with prior notice and an opportunity to terminate the Agreement if Linkfire changes the price of a Service to which you are subscribed and will not charge you for a previously free Service unless you have been notified of the applicable fees and agreed to pay such fees.
SUBSCRIPTION SERVICES AGREEMENT
This Subscription Services Agreement (Agreement), by and between Linkfire ApS, a company formed under the laws of Denmark, located at Artillerivej 86, 3, 2300 Copenhagen S, Denmark (Linkfire) and the customer (Customer), is effective as of the earlier of the date on which the Customer accepts and agrees to this Agreement by ticking the applicable box on signup (or other similar expression of acceptance) or the date on which you start accessing or using the Services (theEffective Date).
This Agreement sets forth the terms and conditions under which the parties agree that Customer may, pursuant to one or more separately executed Commercial Schedules, purchase Linkfires Services as listed on the relevant Commercial Schedule.
This Agreement includes and incorporates the attached Terms and Conditions and all Commercial Schedules, Terms of Use (available on linkfire.com) and other attachments that reference such documents, and contains, among other things, warranty disclaimers, liability limitations and use limitations.
When Customer tick the applicable agree/accept box on signup, the parties agree to be bound by the terms and conditions of this Agreement.
TERMS AND CONDITIONS
1. Introduction
Linkfire provides a marketing intelligence software service which allows the Customer to create smart links.
Linkfire shall provide the Customer with the Services subject to and in accordance with the terms and conditions of this Agreement.
2. Definitions
2.1. Affiliate is an entity that controls, is controlled by or shares common control with Linkfire or Customer (as applicable), where such control arises from either (a) a direct or indirect ownership interest of more than 50% or (b) the power to direct or cause the direction of the management and policies, whether through the ownership of voting stock by contract, or otherwise, equal to that provided by a direct or indirect ownership of more than 50%.
2.2. Commercial Schedule refers to the schedule presented upon sign-up and in Order confirmation and incorporated herein by this reference, setting forth the commercial terms of the Agreement and as may be updated from time to time by Linkfire and Customer.
2.3. Confidential Information shall have the meaning set forth in Section 8.2.
2.4. "Customer Data" means all electronic data or information submitted to the Linkfire Service by: (i) users who click on a Linkfire link directly and identifiably related to the Customer; or (ii) the Customer or a third party on behalf of Customer.
2.5. Discloser means the party disclosing Confidential Information.
2.6. Fees means the monthly or annual subscription fees for the Service as set forth in the Commercial Schedule.
2.7. Infringement Claim shall have the meaning set forth in Section 10.1.
2.8. Recipient means the party receiving Confidential Information.
2.9. Services means the provision, of one or more of the following: (i) Linkfire PRO plan services as described at www.linkfire.com ; and (ii) the provision of certain Customer Data and statistics as more particularly described at www.linkfire.com ;
2.10. Service Items means all software, programming, documentation, templates, questionnaires, methodologies, models, charts, reports and any other items used to deliver the Services or made available to Customer as a result of the Services.
2.11. SLA means the Service Level Agreement, if any
2.12. Support means the Customer support described at https://help.linkfire.com/hc/
2.13. Terms of Use means the Linkfire Standard Terms of Service as part of the Privacy Policy in force from time to time and available on linkfire.com.
2.14. Intentionally omitted.
2.15. Trial Subscription means the provision of Services to Customer on a free trial basis for a limited time. The specific duration of the Trial Subscription will be specified in the applicable offer at sign-up. Trial Subscriptions are limited to potential new Customers only, unless otherwise specified. A Customers status as a new subscriber to the Services will be determined by Linkfire in its sole discretion. The terms of this Agreement apply to any Trial Subscription, unless otherwise specified.
3. Scope
3.1. Linkfire will provide Customer with access to the Services as set forth in this Agreement and applicable Commercial Schedule.
4. Linkfire Services
4.1. Subject to, and conditional upon Customers compliance with, the terms of this Agreement, Linkfire hereby grants to Customer a non-exclusive, non-transferable,non-sublicenseable, limited license to access and use the Services (i) in the Territory, (ii) for Customers and its Affiliates internal business operations, (iii) in accordance with the Terms of Use and the applicable Commercial Schedule, (iv) for the duration of the Customers membership.
4.2. . Linkfire will (i) provide the Services in a manner consistent with general industry standards reasonably applicable to the provision thereof; (ii) use commercially reasonable efforts to maintain the security of Customer passwords; (iii) provide Support to Customer for the Services, which may be changed by Linkfire upon prior notice to customer. If an SLA is provided for the Linkfire Services, the terms of such SLA will be attached to this Agreement.
4.3. Customer shall:
4.3.1. prevent unauthorized access to, or use of, the Services, and notify Linkfire promptly of any such unauthorized access or use,
4.3.2 comply with all applicable laws in using the Services, and
4.3.3 pay the Fees in full, without set off or deduction in a timely manner;
4.3.4. not (i) modify, copy or create derivative works based on the Services; (ii) disassemble, reverse engineer, or decompile the Services or part thereof, or access it in order to copy any ideas, features, content, functions or graphics of the Linkfire Services; (iii) interfere with or disrupt the integrity or performance of the Services; (iv) send or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortuous material, or send or store material in violation of any third partys privacy rights via the Services; (v) send or store viruses or malicious code via the Services; (vi) attempt to gain unauthorized access to the Services or its related software, systems, platforms or networks; (vii) use any components provided with the Services separately from the Services; or (viii) distribute, rent, lease, sublicense or provide the Services to any third party or use it in a service bureau, outsourcing environment, or for the processing of third party data.
4.4 Customer acknowledges and accept that certain Service tiers and features are supported by and may contain advertising and promotional messages alongside Customer Data. Customer agrees that it shall not participate in any revenue or consideration received or receivable by Linkfire in connection with the delivery of such advertising or promotional messages.
5. Intentionally Omitted.
6. Term and Termination
6.1. This Agreement begins on the Effective Date and will remain in effect unless terminated pursuant to Section 6.2 or 6.3 below.
6.2. At any time during the Term, either party may terminate this Agreement for its convenience; however, such termination will have no effect on Commercial Schedules executed by the parties prior to its effective date, including but not limited to payment obligations contained therein, and such Commercial Schedules will remain in full force and effect under the terms of this Agreement for the term specified therein. Commercial Schedules may not be terminated for convenience unless otherwise specified therein.
6.3. Intentionally Omitted.
6.4. In addition to its other rights and remedies, Linkfire reserves the right, without liability to Customer, to immediately suspend any and all access to the Services if Customer commits a material breach of this Agreement or any relevant Commercial Schedule until such material breach is cured. If such material breach is (i) unable to be cured, or (ii) is not cured within 14 days from receipt of written noticehereof, then Linkfire may immediately terminate the Agreement and/or the affected Commercial Schedule.
6.5. Upon termination pursuant to 6.2 and 6.3 above, all rights and licenses granted herein will terminate and Customer will make no further use of the Services. No termination will relieve the Customer of the obligation to pay any Fees accrued or payable to Linkfire. At Linkfires sole discretion, data may still be available in a read-only mode, where Customer can access data, but not edit any existing links or add new. Notwithstanding the above, after a one-year period, Linkfire shall have no obligation to maintain or provide any Customer Data and may thereafter delete Customer Data without further notice. Linkfire may, at its sole discretion, provide reader-access to links created after termination, and may decide at its sole discretion, for Customer links to remain active as set up on creation or edit date. Notwithstanding the above, upon termination, Linkfire reserves the right to de-activate links that have not received at least 50 clicks within a consecutive period of 90 days, without further notice. Customers will not be able to create new links nor edit already created links after termination.
7. Limited Warranty
7.1. Linkfire warrants to Customer that the Services (i) will perform in substantial accordance with the applicable SLA, if any, and (ii) will be performed in a manner consistent with industry standards reasonably applicable to the provision thereof. Customers exclusive remedy and Linkfires sole obligation for breach of the warranty in this Section 7 will be Linkfires use of commercially reasonable efforts to have the Services perform in substantial accordance with the SLA, or replace the non-conforming portion of the Service within a reasonable period of time, or if Linkfire cannot have the Service perform in substantial accordance with the SLA or replace the Services within such time period, then Linkfire will refund the amount paid by Customer for the Services, pro-rated from the date of the notice of the claim. Customers rights and Linkfiresobligations in this Section 7 are conditioned upon Customers providing Linkfire with written notice of the claim, a complete description of the alleged defects and a specific reference to the part or parts of the Services and/or SLA, as applicable, to which such alleged defects are contrary.
8. Proprietary rights and confidentiality
8.1. Linkfire, its Affiliates or licensors retain all right, title and interest to the Services and all related intellectual property and proprietary rights. The Services are protected by applicable copyright, trade secret, industrial and other intellectual property laws. Linkfire owns all right, title and interest in Service Items and access to and use of the relevant Service Items will be governed by the terms of this Agreement. The Service Items are deemed Confidential Information under this Agreement. Linkfire reserves any rights not expressly granted to Customer.
8.2. Confidential Information means all proprietary or confidential information that is disclosed to the Recipient by Discloser, and includes, among other things (i) any and all information relating to products or services provided by a Discloser, its customer-related and financial information, software code, flow charts, techniques, specifications, development and marketing plans, strategies, and forecasts; (ii) as to Linkfire, and its licensors, the Services; and (iii) the terms of this Agreement, including without limitation, pricing information. Confidential Information does not include information that Recipient can show: (a) was rightfully in Recipients possession without any obligation of confidentiality before receipt from the Discloser; (b) is or becomes a matter of public knowledge through no fault of Recipient; (c) is rightfully received by Recipient from a third party without violation of a duty of confidentiality; or (d) is or was independently developed by or for Recipient.
8.3. Recipient may not disclose Confidential Information of Discloser to any third party or use the Confidential Information in violation of this Agreement. The Recipient (i) will exercise the same degree of care and protection with respect to the Confidential Information of the Discloser that it exercises with respect to its own Confidential Information and (ii) will not, either directly or indirectly, disclose, copy, distribute, republish, or allow any third party to have access to any Confidential Information of the Discloser. Notwithstanding the foregoing, Recipient may disclose Disclosers Confidential Information to Recipients employees and agents who have a need to know provided that such employees and agents have legal obligations of confidentiality substantially the same (and in no case less protective) as the provisions of this Agreement.
8.4. If the Recipient becomes aware of any unauthorized use or disclosure of Disclosers Confidential Information, then Recipient will promptly and fully notify the Discloser of all facts known to it concerning such unauthorized use or disclosure. In addition, if the Recipient or any of its employees or agents are required (by oral questions, interrogatories, requests for information, or documents in legal proceedings, subpoena, civil investigative demand, or other similar process) to disclose any of Disclosers Confidential Information, the Recipient will not disclose the Disclosers Confidential Information without providing the Discloser with commercially reasonable advance prior written notice to allow Discloser to seek a protective order or other appropriate remedy or to waive compliance with this provision. In any event, the Recipient will exercise its commercially reasonable efforts to preserve the confidentiality of the Disclosers Confidential Information, including, without limitation, cooperating with Discloser to obtain an appropriate protective order or other reliable assurance that confidential treatment will be accorded to the Confidential Information. Notwithstanding the foregoing, Customer agrees that Linkfire may refer to Customer as a customer of Linkfire, both internally and in externally published media.
8.5. As between Linkfire and Customer, Customer owns all rights, title and interest in and to Customer Data (to the extent that such Customer Data has intellectual property rights protection). Customer grants Linkfire a non-exclusive, transferable, sub-licensable, royalty-free license and right to:
(i) use the Customer Data pursuant to and for the duration of this Agreement (and for one year after termination under section 6.6) in order to provide the Services to the Customer; and
(ii) use the Customer Data in a form that is not directly attributable (i.e. artist based audiences is not considered directly attributable) to the Customer (Non-Attributable Customer Data) on a perpetual (or, in jurisdictions where this is not permitted, for a term equal to the duration of the Agreements plus twenty (20) years), irrevocable, fully paid, worldwide license basis in order to use, sell, reproduce, make available to the public, publish, translate, modify, create derivative works from, and distribute such Non-Attributable Customer Data in any Linkfire products or services any suggestions, enhancement requests, recommendations or other feedback provided by Customer relating to the Services through any medium, whether alone or in combination with other content or materials, in any manner and by any means, method or technology, whether now known or hereafter created.
Customer acknowledges that, notwithstanding the above, Linkfire is a separate data controller in respect of any personal data of Users comprised in the Customer Data as further explained in clause 12.
9. Disclaimers and Limits on Liability
9.1. Disclaimer. CUSTOMER ACKNOWLEDGES THAT, EXCEPT AS OTHERWISE EXPRESSLY PROVIDED HEREIN, LINKFIRE, ITS AFFILIATES AND LICENSORS MAKE NO WARRANTY, EXPRESS, IMPLIED OR STATUTORY WITH RESPECT TO THE SERVICES OR USE THEREOF. LINKFIRE, ITS AFFILIATES AND LICENSORS HEREBY EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY THAT SERVICES WILL BE UNINTERRUPTED, ERROR FREE OR WITHOUT DELAY, AND THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INTERFERENCE, NON-INFRINGEMENT AND INFORMATION CONTENT.
9.2. DISCLAIMER OF DAMAGES. EXCEPT FOR A BREACH OF SECTION 4.3 AND EACH PARTYS RESPONSIBILITIES IN SECTION8, NEITHER PARTY OR ITS AFFILIATES ARE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES RELATING TO OR ARISING OUT OF THIS AGREEMENT OR THE SERVICES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST COMPUTER USAGE TIME, AND DAMAGE TO, OR LOSS OF USE OF, DATA), EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND IRRESPECTIVE OF ANY NEGLIGENCE OF A PARTY OR WHETHER SUCH DAMAGES RESULT FROM A CLAIM ARISING UNDER TORT OR CONTRACT LAW.
9.3. LIMITS ON LIABILITY. EXCEPT FOR A BREACH OF SECTION 8, LINKFIRE AND ITS AFFILIATES AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE SERVICES, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY, SHALL NOT EXCEED THE AMOUNTS ACTUALLY PAID BY AND DUE FROM CUSTOMER PURSUANT TO THE COMMERCIAL SCHEDULES GIVING RISE TO LIABILITY.
10. Indemnifications
10.1. Indemnification by Linkfire. If a third party asserts a claim against Customer asserting that Customers authorised use of the Services in accordance with this Agreement directly and identifiably violates that third-partys patent, trade secret or copyright rights (Infringement Claim), then Linkfire will, at its own expense: (a) defend or settle the Infringement Claim; and (b) indemnify Customer for any damages finally awarded against Customer based on infringement by the Services. If Linkfire believes the Services may violate a right, then Linkfire will, at its expense: (a) modify the Services, or (b) procure the right to continue using the Services, and if (a) or (b) are not commercially reasonable, terminate Customer's right to use the Services and issue a pro-rata refund for the unexpired pre-paid portion of such Services.
10.2. Indemnification by Customer. Subject to the terms of this Agreement, if a third party asserts a claim against Linkfire asserting that the Customer Data or Customers use of the Service in violation of this Agreement violates that third-partys patent, trade secret or copyright rights, or otherwise harms the third party (Claim), Customer will, at its own expense: (a) defend or settle the Claim; and (b) indemnify Linkfire for any damages, losses, liabilities, costs and expenses suffered or incurred by Linkfire arising from the Claim.
10.3. Indemnity Process. Neither partys obligations under this Section will apply if: (a) the indemnifying partys legal department does not receive prompt, detailed written notice of the Infringement Claim/Claim from the party being indemnified, (b) the indemnifying party is not able to retain sole control of the defense of the Infringement Claim/Claim and all negotiations for its settlement or compromise, or (c) the indemnifying party does not receive all reasonable assistance from the party being indemnified. Neither party will bind the indemnified party to a monetary obligation in a settlement or compromise, or make an admission on behalf of the indemnified party, without obtaining that partys prior consent.
10.4. THIS SECTION CONTAINS EACH PARTY'S EXCLUSIVE REMEDIES AND THE INDEMNIFYING PARTY'S SOLE LIABILITY FOR INFRINGEMENT CLAIMS/CLAIMS, RESPECTIVELY.
11. Governing Law and Dispute Resolution
11.1. A party will provide written notice to the other party of any controversy, dispute or claim arising out of or relating to this Agreement, or to the formation, interpretation, breach, termination, or validity thereof (Controversy). The parties shall engage in good faith negotiations to resolve the Controversy. Only if the Controversy is not resolved through good faith negotiations within 15 days of the sending of the written notice of Controversy, the Controversy may be submitted to litigation. Any dispute arising out of or in connection with our relationship, including any disputes regarding the existence, validity or termination of this Agreement, shall be governed by Danish law. The dispute shall be subject to simplified arbitration administrated by The Danish Institute of Arbitration in accordance with the rules of the simplified arbitration procedure adopted by The Danish Institute of Arbitration and in force at the time when such proceedings are commenced.
11.2. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to this Agreement. Nothing in this Agreement shall be deemed as preventing either party from seeking immediate injunctive relief from any court having jurisdiction over the parties and the subject matter of the dispute.
12. Customer Data and Data Protection
12.1 For the purposes of European data protection legislation (where relevant), each of Linkfire and the Customer are separate data controllers in respect of their own processing of any personal data comprised in User Data and each party shall separately be responsible for their compliance with relevant data protection regulations in relation to the same.
12.2 Linkfires processing of such personal data of Users shall be undertaken in accordance with Linkfires Privacy Policy, which is published at www.linkfire.com from time to time.
12.3 Customer shall be responsible for the security of the transmission of Customer Data to Linkfire but, when the Customer Data is with Linkfire, it shall take appropriate technical and organizational measures to ensure a level of security appropriate to the risk in accordance with data protection legislation.,
13. Verification
13.1. Customer agrees that Linkfire or its agent may monitor the Services to ensure Customers compliance with the terms of this Agreement.
14. Miscellaneous Terms
14.1. Linkfire is not liable for its failure to perform any of its obligations under this Agreement during any period in which performance is delayed by Customer or circumstances beyond Linkfire's reasonable control.
14.2. The parties are independent contractors and this Agreement does not create a partnership, franchise, joint venture, agency, fiduciary, or employment relationship between the parties.
14.3. Customer will receive system notifications from Linkfire and its licensors, if applicable (i.e. planned downtime notices, etc).
14.4. This Agreement, including any Exhibits and Commercial Schedules constitutes the entire agreement between Customer and Linkfire and supersedes any prior or contemporaneous negotiations or agreements, whether oral or written concerning the Services.
14.5. There are no representations, promises, warranties, covenants, or undertakings between the parties other than those expressly set forth in this Agreement.
14.6. There are no third party beneficiaries to this Agreement; Customer is not entering into a contractual relationship with Linkfires licensors and Linkfires licensors have no liability to Customer.
14.7. No modification or waiver of any provision hereof will be effective unless made in a writing signed by both Linkfire and Customer.
14.8. This Agreement and the rights hereunder are not transferable or assignable by Customer (and any attempted assignment will be void) without the prior written consent of Linkfire, except to a person or entity who acquires all or substantially all of the assets or business of Customer, whether by sale, merger or otherwise. Linkfire may assign or transfer this Agreement without Customers consent. Subject to the foregoing, this Agreement will bind and inure to the benefit of the parties, their respective successors and permitted assigns.
14.9. Any additional or conflicting terms of any Customer purchase order are rejected by Linkfire and do not apply.
14.10. Any additional documents presented to a Linkfire representative by Customer for signature as a condition for going on a Customers site will be governed by this Agreement and to the extent that such document presents additional terms or conflicts with this Agreement, it shall be considered null and void.
View ArticleCOMMERCIAL SCHEDULE
Membership
Your Linkfire FREE Plan membership will continue month-to-month until terminated.
Fees
Linkfire may charge your Payment Method such amounts which are from time to time owed by you for the Services including (as applicable) taxes and service fees, set up fees, add-on fees, subscription fees, or any other fee or charge associated with the Services (together, the Fee). A full overview of fees is available on www.linkfire.com.
Billing
The Fee will be billed on a monthly basis to your Payment Method on the calendar day corresponding to the commencement of your membership. In some cases, the timing of your billing may change, for example if your Payment Method has not successfully settled or if your paying membership began on a day not contained in a given month. If an option to pay yearly is selected by Customer the respective yearly fee will be charged to your Payment Method.
You can change your Payment Method by sending an email with a request to [email protected] or directly from your Linkfire dashboard, when available. If a payment is not successfully settled due to expiration, insufficient funds, or otherwise, and you do not change your Payment Method or cancel your account, without limiting our rights or remedies, your access to the Services may be suspended until we have obtained a valid Payment Method. Linkfire is authorized hereby to continue billing the Payment Method, as it may be updated and you remain responsible for any uncollected amounts. This may result in a change to your payment billing dates. For certain Payment Methods, the issuer of your Payment Method may charge you a foreign transaction fee or other charges which shall be your sole responsibility. Check with your Payment Method service provider for details.
You can cancel your Linkfire membership in accordance with section 6 of the Agreement, and you will continue to have access to the Linkfire service through the end of your billing period. We do not provide refunds or credits for any partial-month membership periods. To cancel, send an email with a request to [email protected] or submit one from your Linkfire dashboard, when available.
Linkfire may change its service plans and the price of the Services from time to time; provided, however, that Linkfire will provide you with prior notice and an opportunity to terminate the Agreement if Linkfire changes the price of a Service to which you are subscribed and will not charge you for a previously free Service unless you have been notified of the applicable fees and agreed to pay such fees.
SUBSCRIPTION SERVICES AGREEMENT
This Subscription Services Agreement (Agreement), by and between Linkfire ApS, a company formed under the laws of Denmark, located at Artillerivej 86, 3, 2300 Copenhagen S, Denmark (Linkfire) and the customer (Customer), is effective as of the earlier of the date on which the Customer accepts and agrees to this Agreement by ticking the applicable box on signup (or other similar expression of acceptance) or the date on which you start accessing or using the Services (theEffective Date).
This Agreement sets forth the terms and conditions under which the parties agree that Customer may, pursuant to one or more separately executed Commercial Schedules, purchase Linkfires Services as listed on the relevant Commercial Schedule.
This Agreement includes and incorporates the attached Terms and Conditions and all Commercial Schedules, Terms of Use (available on linkfire.com) and other attachments that reference such documents, and contains, among other things, warranty disclaimers, liability limitations and use limitations.
When Customer tick the applicable agree/accept box on signup, the parties agree to be bound by the terms and conditions of this Agreement.
TERMS AND CONDITIONS
1. Introduction
Linkfire provides a marketing intelligence software service which allows the Customer to create smart links.
Linkfire shall provide the Customer with the Services subject to and in accordance with the terms and conditions of this Agreement.
2. Definitions
2.1. Affiliate is an entity that controls, is controlled by or shares common control with Linkfire or Customer (as applicable), where such control arises from either (a) a direct or indirect ownership interest of more than 50% or (b) the power to direct or cause the direction of the management and policies, whether through the ownership of voting stock by contract, or otherwise, equal to that provided by a direct or indirect ownership of more than 50%.
2.2. Commercial Schedule refers to the schedule presented upon sign-up and in Order confirmation and incorporated herein by this reference, setting forth the commercial terms of the Agreement and as may be updated from time to time by Linkfire and Customer.
2.3. Confidential Information shall have the meaning set forth in Section 8.2.
2.4. "Customer Data" means all electronic data or information submitted to the Linkfire Service by: (i) users who click on a Linkfire link directly and identifiably related to the Customer; or (ii) the Customer or a third party on behalf of Customer.
2.5. Discloser means the party disclosing Confidential Information.
2.6. Intentionally omitted.
2.7. Infringement Claim shall have the meaning set forth in Section 10.1.
2.8. Recipient means the party receiving Confidential Information.
2.9. Services means the provision, of one or more of the following: (i) Linkfire FREE plan services as described at www.linkfire.com ; and (ii) the provision of certain Customer Data and statistics as more particularly described at www.linkfire.com ;
2.10. Service Items means all software, programming, documentation, templates, questionnaires, methodologies, models, charts, reports and any other items used to deliver the Services or made available to Customer as a result of the Services.
2.11. Intentionally omitted.
2.12. Support means the Customer support described at https://help.linkfire.com/hc/
2.13. Terms of Use means the Linkfire Standard Terms of Service as part of the Privacy Policy in force from time to time and available on linkfire.com.
2.14. Intentionally omitted.
2.15. Intentionally omitted.
3. Scope
3.1. Linkfire will provide Customer with access to the Services as set forth in this Agreement and applicable Commercial Schedule.
4. Linkfire Services
4.1. Subject to, and conditional upon Customers compliance with, the terms of this Agreement, Linkfire hereby grants to Customer a non-exclusive, non-transferable,non-sublicenseable, limited license to access and use the Services (i) in the Territory, (ii) for Customers and its Affiliates internal business operations, (iii) in accordance with the Terms of Use and the applicable Commercial Schedule, (iv) for the duration of the Customers membership.
4.2. . Linkfire will (i) provide the Services in a manner consistent with general industry standards reasonably applicable to the provision thereof; (ii) use commercially reasonable efforts to maintain the security of Customer passwords; (iii) provide Support to Customer for the Services, which may be changed by Linkfire upon prior notice to customer. If an SLA is provided for the Linkfire Services, the terms of such SLA will be attached to this Agreement.
4.3. Customer shall:
4.3.1. prevent unauthorized access to, or use of, the Services, and notify Linkfire promptly of any such unauthorized access or use,
4.3.2 comply with all applicable laws in using the Services, and
4.3.3 pay the Fees in full, without set off or deduction in a timely manner;
4.3.4. not (i) modify, copy or create derivative works based on the Services; (ii) disassemble, reverse engineer, or decompile the Services or part thereof, or access it in order to copy any ideas, features, content, functions or graphics of the Linkfire Services; (iii) interfere with or disrupt the integrity or performance of the Services; (iv) send or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortuous material, or send or store material in violation of any third partys privacy rights via the Services; (v) send or store viruses or malicious code via the Services; (vi) attempt to gain unauthorized access to the Services or its related software, systems, platforms or networks; (vii) use any components provided with the Services separately from the Services; or (viii) distribute, rent, lease, sublicense or provide the Services to any third party or use it in a service bureau, outsourcing environment, or for the processing of third party data.
4.4 Customer acknowledges and accept that certain Service tiers and features are supported by and may contain advertising and promotional messages alongside Customer Data. Customer agrees that it shall not participate in any revenue or consideration received or receivable by Linkfire in connection with the delivery of such advertising or promotional messages.
5. Intentionally Omitted.
6. Term and Termination
6.1. This Agreement begins on the Effective Date and will remain in effect unless terminated pursuant to Section 6.2 or 6.3 below.
6.2. At any time during the Term, either party may terminate this Agreement for its convenience; however, such termination will have no effect on Commercial Schedules executed by the parties prior to its effective date, including but not limited to payment obligations contained therein, and such Commercial Schedules will remain in full force and effect under the terms of this Agreement for the term specified therein. Commercial Schedules may not be terminated for convenience unless otherwise specified therein.
6.3. Intentionally Omitted.
6.4. In addition to its other rights and remedies, Linkfire reserves the right, without liability to Customer, to immediately suspend any and all access to the Services if Customer commits a material breach of this Agreement or any relevant Commercial Schedule until such material breach is cured. If such material breach is (i) unable to be cured, or (ii) is not cured within 14 days from receipt of written noticehereof, then Linkfire may immediately terminate the Agreement and/or the affected Commercial Schedule.
6.5. Upon termination pursuant to 6.2 and 6.3 above, all rights and licenses granted herein will terminate and Customer will make no further use of the Services. No termination will relieve the Customer of the obligation to pay any Fees accrued or payable to Linkfire. At Linkfires sole discretion, data may still be available in a read-only mode, where Customer can access data, but not edit any existing links or add new. Notwithstanding the above, after a one-year period, Linkfire shall have no obligation to maintain or provide any Customer Data and may thereafter delete Customer Data without further notice. Linkfire may, at its sole discretion, provide reader-access to links created after termination, and may decide at its sole discretion, for Customer links to remain active as set up on creation or edit date. Notwithstanding the above, upon termination, Linkfire reserves the right to de-activate links that have not received at least 50 clicks within a consecutive period of 90 days, without further notice. Customers will not be able to create new links nor edit already created links after termination.
7. Limited Warranty
7.1. Linkfire warrants to Customer that the Services (i) will perform in substantial accordance with the applicable SLA, if any, and (ii) will be performed in a manner consistent with industry standards reasonably applicable to the provision thereof. Customers exclusive remedy and Linkfires sole obligation for breach of the warranty in this Section 7 will be Linkfires use of commercially reasonable efforts to have the Services perform in substantial accordance with the SLA, or replace the non-conforming portion of the Service within a reasonable period of time, or if Linkfire cannot have the Service perform in substantial accordance with the SLA or replace the Services within such time period, then Linkfire will refund the amount paid by Customer for the Services, pro-rated from the date of the notice of the claim. Customers rights and Linkfiresobligations in this Section 7 are conditioned upon Customers providing Linkfire with written notice of the claim, a complete description of the alleged defects and a specific reference to the part or parts of the Services and/or SLA, as applicable, to which such alleged defects are contrary.
8. Proprietary rights and confidentiality
8.1. Linkfire, its Affiliates or licensors retain all right, title and interest to the Services and all related intellectual property and proprietary rights. The Services are protected by applicable copyright, trade secret, industrial and other intellectual property laws. Linkfire owns all right, title and interest in Service Items and access to and use of the relevant Service Items will be governed by the terms of this Agreement. The Service Items are deemed Confidential Information under this Agreement. Linkfire reserves any rights not expressly granted to Customer.
8.2. Confidential Information means all proprietary or confidential information that is disclosed to the Recipient by Discloser, and includes, among other things (i) any and all information relating to products or services provided by a Discloser, its customer-related and financial information, software code, flow charts, techniques, specifications, development and marketing plans, strategies, and forecasts; (ii) as to Linkfire, and its licensors, the Services; and (iii) the terms of this Agreement, including without limitation, pricing information. Confidential Information does not include information that Recipient can show: (a) was rightfully in Recipients possession without any obligation of confidentiality before receipt from the Discloser; (b) is or becomes a matter of public knowledge through no fault of Recipient; (c) is rightfully received by Recipient from a third party without violation of a duty of confidentiality; or (d) is or was independently developed by or for Recipient.
8.3. Recipient may not disclose Confidential Information of Discloser to any third party or use the Confidential Information in violation of this Agreement. The Recipient (i) will exercise the same degree of care and protection with respect to the Confidential Information of the Discloser that it exercises with respect to its own Confidential Information and (ii) will not, either directly or indirectly, disclose, copy, distribute, republish, or allow any third party to have access to any Confidential Information of the Discloser. Notwithstanding the foregoing, Recipient may disclose Disclosers Confidential Information to Recipients employees and agents who have a need to know provided that such employees and agents have legal obligations of confidentiality substantially the same (and in no case less protective) as the provisions of this Agreement.
8.4. If the Recipient becomes aware of any unauthorized use or disclosure of Disclosers Confidential Information, then Recipient will promptly and fully notify the Discloser of all facts known to it concerning such unauthorized use or disclosure. In addition, if the Recipient or any of its employees or agents are required (by oral questions, interrogatories, requests for information, or documents in legal proceedings, subpoena, civil investigative demand, or other similar process) to disclose any of Disclosers Confidential Information, the Recipient will not disclose the Disclosers Confidential Information without providing the Discloser with commercially reasonable advance prior written notice to allow Discloser to seek a protective order or other appropriate remedy or to waive compliance with this provision. In any event, the Recipient will exercise its commercially reasonable efforts to preserve the confidentiality of the Disclosers Confidential Information, including, without limitation, cooperating with Discloser to obtain an appropriate protective order or other reliable assurance that confidential treatment will be accorded to the Confidential Information. Notwithstanding the foregoing, Customer agrees that Linkfire may refer to Customer as a customer of Linkfire, both internally and in externally published media.
8.5. As between Linkfire and Customer, Customer owns all rights, title and interest in and to Customer Data (to the extent that such Customer Data has intellectual property rights protection). Customer grants Linkfire a non-exclusive, transferable, sub-licensable, royalty-free license and right to:
(i) use the Customer Data pursuant to and for the duration of this Agreement (and for one year after termination under section 6.6) in order to provide the Services to the Customer; and
(ii) use the Customer Data in a form that is not directly attributable (i.e. artist based audiences is not considered directly attributable) to the Customer (Non-Attributable Customer Data) on a perpetual (or, in jurisdictions where this is not permitted, for a term equal to the duration of the Agreements plus twenty (20) years), irrevocable, fully paid, worldwide license basis in order to use, sell, reproduce, make available to the public, publish, translate, modify, create derivative works from, and distribute such Non-Attributable Customer Data in any Linkfire products or services any suggestions, enhancement requests, recommendations or other feedback provided by Customer relating to the Services through any medium, whether alone or in combination with other content or materials, in any manner and by any means, method or technology, whether now known or hereafter created.
Customer acknowledges that, notwithstanding the above, Linkfire is a separate data controller in respect of any personal data of Users comprised in the Customer Data as further explained in clause 12.
9. Disclaimers and Limits on Liability
9.1. Disclaimer. CUSTOMER ACKNOWLEDGES THAT, EXCEPT AS OTHERWISE EXPRESSLY PROVIDED HEREIN, LINKFIRE, ITS AFFILIATES AND LICENSORS MAKE NO WARRANTY, EXPRESS, IMPLIED OR STATUTORY WITH RESPECT TO THE SERVICES OR USE THEREOF. LINKFIRE, ITS AFFILIATES AND LICENSORS HEREBY EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY THAT SERVICES WILL BE UNINTERRUPTED, ERROR FREE OR WITHOUT DELAY, AND THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INTERFERENCE, NON-INFRINGEMENT AND INFORMATION CONTENT.
9.2. DISCLAIMER OF DAMAGES. EXCEPT FOR A BREACH OF SECTION 4.3 AND EACH PARTYS RESPONSIBILITIES IN SECTION8, NEITHER PARTY OR ITS AFFILIATES ARE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES RELATING TO OR ARISING OUT OF THIS AGREEMENT OR THE SERVICES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST COMPUTER USAGE TIME, AND DAMAGE TO, OR LOSS OF USE OF, DATA), EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND IRRESPECTIVE OF ANY NEGLIGENCE OF A PARTY OR WHETHER SUCH DAMAGES RESULT FROM A CLAIM ARISING UNDER TORT OR CONTRACT LAW.
9.3. LIMITS ON LIABILITY. EXCEPT FOR A BREACH OF SECTION 8, LINKFIRE AND ITS AFFILIATES AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE SERVICES, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY, SHALL NOT EXCEED THE AMOUNTS ACTUALLY PAID BY AND DUE FROM CUSTOMER PURSUANT TO THE COMMERCIAL SCHEDULES GIVING RISE TO LIABILITY.
10. Indemnifications
10.1. Indemnification by Linkfire. If a third party asserts a claim against Customer asserting that Customers authorised use of the Services in accordance with this Agreement directly and identifiably violates that third-partys patent, trade secret or copyright rights (Infringement Claim), then Linkfire will, at its own expense: (a) defend or settle the Infringement Claim; and (b) indemnify Customer for any damages finally awarded against Customer based on infringement by the Services. If Linkfire believes the Services may violate a right, then Linkfire will, at its expense: (a) modify the Services, or (b) procure the right to continue using the Services, and if (a) or (b) are not commercially reasonable, terminate Customer's right to use the Services and issue a pro-rata refund for the unexpired pre-paid portion of such Services.
10.2. Indemnification by Customer. Subject to the terms of this Agreement, if a third party asserts a claim against Linkfire asserting that the Customer Data or Customers use of the Service in violation of this Agreement violates that third-partys patent, trade secret or copyright rights, or otherwise harms the third party (Claim), Customer will, at its own expense: (a) defend or settle the Claim; and (b) indemnify Linkfire for any damages, losses, liabilities, costs and expenses suffered or incurred by Linkfire arising from the Claim.
10.3. Indemnity Process. Neither partys obligations under this Section will apply if: (a) the indemnifying partys legal department does not receive prompt, detailed written notice of the Infringement Claim/Claim from the party being indemnified, (b) the indemnifying party is not able to retain sole control of the defense of the Infringement Claim/Claim and all negotiations for its settlement or compromise, or (c) the indemnifying party does not receive all reasonable assistance from the party being indemnified. Neither party will bind the indemnified party to a monetary obligation in a settlement or compromise, or make an admission on behalf of the indemnified party, without obtaining that partys prior consent.
10.4. THIS SECTION CONTAINS EACH PARTY'S EXCLUSIVE REMEDIES AND THE INDEMNIFYING PARTY'S SOLE LIABILITY FOR INFRINGEMENT CLAIMS/CLAIMS, RESPECTIVELY.
11. Governing Law and Dispute Resolution
11.1. A party will provide written notice to the other party of any controversy, dispute or claim arising out of or relating to this Agreement, or to the formation, interpretation, breach, termination, or validity thereof (Controversy). The parties shall engage in good faith negotiations to resolve the Controversy. Only if the Controversy is not resolved through good faith negotiations within 15 days of the sending of the written notice of Controversy, the Controversy may be submitted to litigation. Any dispute arising out of or in connection with our relationship, including any disputes regarding the existence, validity or termination of this Agreement, shall be governed by Danish law. The dispute shall be subject to simplified arbitration administrated by The Danish Institute of Arbitration in accordance with the rules of the simplified arbitration procedure adopted by The Danish Institute of Arbitration and in force at the time when such proceedings are commenced.
11.2. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to this Agreement. Nothing in this Agreement shall be deemed as preventing either party from seeking immediate injunctive relief from any court having jurisdiction over the parties and the subject matter of the dispute.
12. Customer Data and Data Protection
12.1 For the purposes of European data protection legislation (where relevant), each of Linkfire and the Customer are separate data controllers in respect of their own processing of any personal data comprised in User Data and each party shall separately be responsible for their compliance with relevant data protection regulations in relation to the same.
12.2 Linkfires processing of such personal data of Users shall be undertaken in accordance with Linkfires Privacy Policy, which is published at www.linkfire.com from time to time.
12.3 Customer shall be responsible for the security of the transmission of Customer Data to Linkfire but, when the Customer Data is with Linkfire, it shall take appropriate technical and organizational measures to ensure a level of security appropriate to the risk in accordance with data protection legislation.,
13. Verification
13.1. Customer agrees that Linkfire or its agent may monitor the Services to ensure Customers compliance with the terms of this Agreement.
14. Miscellaneous Terms
14.1. Linkfire is not liable for its failure to perform any of its obligations under this Agreement during any period in which performance is delayed by Customer or circumstances beyond Linkfire's reasonable control.
14.2. The parties are independent contractors and this Agreement does not create a partnership, franchise, joint venture, agency, fiduciary, or employment relationship between the parties.
14.3. Customer will receive system notifications from Linkfire and its licensors, if applicable (i.e. planned downtime notices, etc).
14.4. This Agreement, including any Exhibits and Commercial Schedules constitutes the entire agreement between Customer and Linkfire and supersedes any prior or contemporaneous negotiations or agreements, whether oral or written concerning the Services.
14.5. There are no representations, promises, warranties, covenants, or undertakings between the parties other than those expressly set forth in this Agreement.
14.6. There are no third party beneficiaries to this Agreement; Customer is not entering into a contractual relationship with Linkfires licensors and Linkfires licensors have no liability to Customer.
14.7. No modification or waiver of any provision hereof will be effective unless made in a writing signed by both Linkfire and Customer.
14.8. This Agreement and the rights hereunder are not transferable or assignable by Customer (and any attempted assignment will be void) without the prior written consent of Linkfire, except to a person or entity who acquires all or substantially all of the assets or business of Customer, whether by sale, merger or otherwise. Linkfire may assign or transfer this Agreement without Customers consent. Subject to the foregoing, this Agreement will bind and inure to the benefit of the parties, their respective successors and permitted assigns.
14.9. Any additional or conflicting terms of any Customer purchase order are rejected by Linkfire and do not apply.
14.10. Any additional documents presented to a Linkfire representative by Customer for signature as a condition for going on a Customers site will be governed by this Agreement and to the extent that such document presents additional terms or conflicts with this Agreement, it shall be considered null and void.
View ArticleCOMMERCIAL SCHEDULE
Membership
Your Linkfire STARTER Plan membership will continue month-to-month until terminated in accordance with section 6 of the Subscription Services Agreement. Unless you validly terminate your membership before your monthly renewal date and subject to any Trial Subscriptions, you authorize us to charge your next month's membership Fee to your Payment Method. To use the Linkfire service you must provide us with a current, valid, accepted method of payment ("Payment Method").
Trial Subscriptions
Our service may be made available to you on a free trial basis for a limited time ("Trial Subscription"). The specific duration of the Trial Subscription will be specified in the applicable offer at sign-up. Trial Subscriptions are limited to new service subscribers, unless otherwise specified. Your status as a new subscriber to our services will be determined by us in our sole discretion. The terms of the Subscription Services Agreement apply to any Trial Subscription, unless otherwise specified.
At the time of signing up for a Trial Subscription, you must provide us with a valid Payment Method in order to use our Services during the Trial Subscription period. Your Payment Method will not be charged by us during the Trial Subscription Period.
UPON THE EXPIRATION OF THE TRIAL SUBSCRIPTION, THE SUBSCRIPTION FEE FOR OUR SERVICES WILL BE AUTOMATICALLY CHARGED TO YOUR PAYMENT METHOD, UNLESS YOU VALIDLY CANCEL THE TRIAL SUBSCRIPTION PRIOR TO ITS EXPIRY CONTACTING CUSTOMER SUPPORT OF DIRECTLY FROM THE LINKFIRE DASHBOARD, WHEN AVAILABLE. PLEASE NOTE THAT YOU WILL NOT BE NOTIFIED THAT YOUR TRIAL SUBSCRIPTION WILL END OR HAS ENDED.
Fees
Linkfire may charge your Payment Method such amounts which are from time to time owed by you for the Services including (as applicable) taxes and service fees, set up fees, add-on fees, subscription fees, or any other fee or charge associated with the Services (together, the Fee). A full overview of fees is available on www.linkfire.com.
Billing
The Fee will be billed on a monthly basis to your Payment Method on the calendar day corresponding to the commencement of your membership. In some cases, the timing of your billing may change, for example if your Payment Method has not successfully settled or if your paying membership began on a day not contained in a given month. If an option to pay yearly is selected by Customer the respective yearly fee will be charged to your Payment Method.
You can change your Payment Method by sending an email with a request to [email protected] or directly from your Linkfire dashboard, when available. If a payment is not successfully settled due to expiration, insufficient funds, or otherwise, and you do not change your Payment Method or cancel your account, without limiting our rights or remedies, your access to the Services may be suspended until we have obtained a valid Payment Method. Linkfire is authorized hereby to continue billing the Payment Method, as it may be updated and you remain responsible for any uncollected amounts. This may result in a change to your payment billing dates. For certain Payment Methods, the issuer of your Payment Method may charge you a foreign transaction fee or other charges which shall be your sole responsibility. Check with your Payment Method service provider for details.
You can cancel your Linkfire membership in accordance with section 6 of the Agreement, and you will continue to have access to the Linkfire service through the end of your billing period. We do not provide refunds or credits for any partial-month membership periods. To cancel, send an email with a request to [email protected] or submit one from your Linkfire dashboard, when available.
Linkfire may change its service plans and the price of the Services from time to time; provided, however, that Linkfire will provide you with prior notice and an opportunity to terminate the Agreement if Linkfire changes the price of a Service to which you are subscribed and will not charge you for a previously free Service unless you have been notified of the applicable fees and agreed to pay such fees.
SUBSCRIPTION SERVICES AGREEMENT
This Subscription Services Agreement (Agreement), by and between Linkfire ApS, a company formed under the laws of Denmark, located at Artillerivej 86, 3, 2300 Copenhagen S, Denmark (Linkfire) and the customer (Customer), is effective as of the earlier of the date on which the Customer accepts and agrees to this Agreement by ticking the applicable box on signup (or other similar expression of acceptance) or the date on which you start accessing or using the Services (theEffective Date).
This Agreement sets forth the terms and conditions under which the parties agree that Customer may, pursuant to one or more separately executed Commercial Schedules, purchase Linkfires Services as listed on the relevant Commercial Schedule.
This Agreement includes and incorporates the attached Terms and Conditions and all Commercial Schedules, Terms of Use (available on linkfire.com) and other attachments that reference such documents, and contains, among other things, warranty disclaimers, liability limitations and use limitations.
When Customer tick the applicable agree/accept box on signup, the parties agree to be bound by the terms and conditions of this Agreement.
TERMS AND CONDITIONS
1. Introduction
Linkfire provides a marketing intelligence software service which allows the Customer to create smart links.
Linkfire shall provide the Customer with the Services subject to and in accordance with the terms and conditions of this Agreement.
2. Definitions
2.1. Affiliate is an entity that controls, is controlled by or shares common control with Linkfire or Customer (as applicable), where such control arises from either (a) a direct or indirect ownership interest of more than 50% or (b) the power to direct or cause the direction of the management and policies, whether through the ownership of voting stock by contract, or otherwise, equal to that provided by a direct or indirect ownership of more than 50%.
2.2. Commercial Schedule refers to the schedule presented upon sign-up and in Order confirmation and incorporated herein by this reference, setting forth the commercial terms of the Agreement and as may be updated from time to time by Linkfire and Customer.
2.3. Confidential Information shall have the meaning set forth in Section 8.2.
2.4. "Customer Data" means all electronic data or information submitted to the Linkfire Service by: (i) users who click on a Linkfire link directly and identifiably related to the Customer; or (ii) the Customer or a third party on behalf of Customer.
2.5. Discloser means the party disclosing Confidential Information.
2.6. Fees means the monthly or annual subscription fees for the Service as set forth in the Commercial Schedule.
2.7. Infringement Claim shall have the meaning set forth in Section 10.1.
2.8. Recipient means the party receiving Confidential Information.
2.9. Services means the provision, of one or more of the following: (i) Linkfire STARTER plan services as described at www.linkfire.com ; and (ii) the provision of certain Customer Data and statistics as more particularly described at www.linkfire.com ;
2.10. Service Items means all software, programming, documentation, templates, questionnaires, methodologies, models, charts, reports and any other items used to deliver the Services or made available to Customer as a result of the Services.
2.11. SLA means the Service Level Agreement, if any
2.12. Support means the Customer support described at https://help.linkfire.com/hc/
2.13. Terms of Use means the Linkfire Standard Terms of Service as part of the Privacy Policy in force from time to time and available on linkfire.com.
2.14. Intentionally omitted.
2.15. Trial Subscription means the provision of Services to Customer on a free trial basis for a limited time. The specific duration of the Trial Subscription will be specified in the applicable offer at sign-up. Trial Subscriptions are limited to potential new Customers only, unless otherwise specified. A Customers status as a new subscriber to the Services will be determined by Linkfire in its sole discretion. The terms of this Agreement apply to any Trial Subscription, unless otherwise specified.
3. Scope
3.1. Linkfire will provide Customer with access to the Services as set forth in this Agreement and applicable Commercial Schedule.
4. Linkfire Services
4.1. Subject to, and conditional upon Customers compliance with, the terms of this Agreement, Linkfire hereby grants to Customer a non-exclusive, non-transferable,non-sublicenseable, limited license to access and use the Services (i) in the Territory, (ii) for Customers and its Affiliates internal business operations, (iii) in accordance with the Terms of Use and the applicable Commercial Schedule, (iv) for the duration of the Customers membership.
4.2. . Linkfire will (i) provide the Services in a manner consistent with general industry standards reasonably applicable to the provision thereof; (ii) use commercially reasonable efforts to maintain the security of Customer passwords; (iii) provide Support to Customer for the Services, which may be changed by Linkfire upon prior notice to customer. If an SLA is provided for the Linkfire Services, the terms of such SLA will be attached to this Agreement.
4.3. Customer shall:
4.3.1. prevent unauthorized access to, or use of, the Services, and notify Linkfire promptly of any such unauthorized access or use,
4.3.2 comply with all applicable laws in using the Services, and
4.3.3 pay the Fees in full, without set off or deduction in a timely manner;
4.3.4. not (i) modify, copy or create derivative works based on the Services; (ii) disassemble, reverse engineer, or decompile the Services or part thereof, or access it in order to copy any ideas, features, content, functions or graphics of the Linkfire Services; (iii) interfere with or disrupt the integrity or performance of the Services; (iv) send or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortuous material, or send or store material in violation of any third partys privacy rights via the Services; (v) send or store viruses or malicious code via the Services; (vi) attempt to gain unauthorized access to the Services or its related software, systems, platforms or networks; (vii) use any components provided with the Services separately from the Services; or (viii) distribute, rent, lease, sublicense or provide the Services to any third party or use it in a service bureau, outsourcing environment, or for the processing of third party data.
4.4 Customer acknowledges and accepts that certain Service tiers and features are supported by and may contain advertising and promotional messages alongside Customer Data. Customer agrees that it shall not participate in any revenue or consideration received or receivable by Linkfire in connection with the delivery of such advertising or promotional messages.
5. Intentionally Omitted.
6. Term and Termination
6.1. This Agreement begins on the Effective Date and will remain in effect unless terminated pursuant to Section 6.2 or 6.3 below.
6.2. At any time during the Term, either party may terminate this Agreement for its convenience; however, such termination will have no effect on Commercial Schedules executed by the parties prior to its effective date, including but not limited to payment obligations contained therein, and such Commercial Schedules will remain in full force and effect under the terms of this Agreement for the term specified therein. Commercial Schedules may not be terminated for convenience unless otherwise specified therein.
6.3. Intentionally Omitted.
6.4. In addition to its other rights and remedies, Linkfire reserves the right, without liability to Customer, to immediately suspend any and all access to the Services if Customer commits a material breach of this Agreement or any relevant Commercial Schedule until such material breach is cured. If such material breach is (i) unable to be cured, or (ii) is not cured within 14 days from receipt of written noticehereof, then Linkfire may immediately terminate the Agreement and/or the affected Commercial Schedule.
6.5. Upon termination pursuant to 6.2 and 6.3 above, all rights and licenses granted herein will terminate and Customer will make no further use of the Services. No termination will relieve the Customer of the obligation to pay any Fees accrued or payable to Linkfire. At Linkfires sole discretion, data may still be available in a read-only mode, where Customer can access data, but not edit any existing links or add new. Notwithstanding the above, after a one-year period, Linkfire shall have no obligation to maintain or provide any Customer Data and may thereafter delete Customer Data without further notice. Linkfire may, at its sole discretion, provide reader-access to links created after termination, and may decide at its sole discretion, for Customer links to remain active as set up on creation or edit date. Notwithstanding the above, upon termination, Linkfire reserves the right to de-activate links that have not received at least 50 clicks within a consecutive period of 90 days, without further notice. Customers will not be able to create new links nor edit already created links after termination.
7. Limited Warranty
7.1. Linkfire warrants to Customer that the Services (i) will perform in substantial accordance with the applicable SLA, if any, and (ii) will be performed in a manner consistent with industry standards reasonably applicable to the provision thereof. Customers exclusive remedy and Linkfires sole obligation for breach of the warranty in this Section 7 will be Linkfires use of commercially reasonable efforts to have the Services perform in substantial accordance with the SLA, or replace the non-conforming portion of the Service within a reasonable period of time, or if Linkfire cannot have the Service perform in substantial accordance with the SLA or replace the Services within such time period, then Linkfire will refund the amount paid by Customer for the Services, pro-rated from the date of the notice of the claim. Customers rights and Linkfiresobligations in this Section 7 are conditioned upon Customers providing Linkfire with written notice of the claim, a complete description of the alleged defects and a specific reference to the part or parts of the Services and/or SLA, as applicable, to which such alleged defects are contrary.
8. Proprietary rights and confidentiality
8.1. Linkfire, its Affiliates or licensors retain all right, title and interest to the Services and all related intellectual property and proprietary rights. The Services are protected by applicable copyright, trade secret, industrial and other intellectual property laws. Linkfire owns all right, title and interest in Service Items and access to and use of the relevant Service Items will be governed by the terms of this Agreement. The Service Items are deemed Confidential Information under this Agreement. Linkfire reserves any rights not expressly granted to Customer.
8.2. Confidential Information means all proprietary or confidential information that is disclosed to the Recipient by Discloser, and includes, among other things (i) any and all information relating to products or services provided by a Discloser, its customer-related and financial information, software code, flow charts, techniques, specifications, development and marketing plans, strategies, and forecasts; (ii) as to Linkfire, and its licensors, the Services; and (iii) the terms of this Agreement, including without limitation, pricing information. Confidential Information does not include information that Recipient can show: (a) was rightfully in Recipients possession without any obligation of confidentiality before receipt from the Discloser; (b) is or becomes a matter of public knowledge through no fault of Recipient; (c) is rightfully received by Recipient from a third party without violation of a duty of confidentiality; or (d) is or was independently developed by or for Recipient.
8.3. Recipient may not disclose Confidential Information of Discloser to any third party or use the Confidential Information in violation of this Agreement. The Recipient (i) will exercise the same degree of care and protection with respect to the Confidential Information of the Discloser that it exercises with respect to its own Confidential Information and (ii) will not, either directly or indirectly, disclose, copy, distribute, republish, or allow any third party to have access to any Confidential Information of the Discloser. Notwithstanding the foregoing, Recipient may disclose Disclosers Confidential Information to Recipients employees and agents who have a need to know provided that such employees and agents have legal obligations of confidentiality substantially the same (and in no case less protective) as the provisions of this Agreement.
8.4. If the Recipient becomes aware of any unauthorized use or disclosure of Disclosers Confidential Information, then Recipient will promptly and fully notify the Discloser of all facts known to it concerning such unauthorized use or disclosure. In addition, if the Recipient or any of its employees or agents are required (by oral questions, interrogatories, requests for information, or documents in legal proceedings, subpoena, civil investigative demand, or other similar process) to disclose any of Disclosers Confidential Information, the Recipient will not disclose the Disclosers Confidential Information without providing the Discloser with commercially reasonable advance prior written notice to allow Discloser to seek a protective order or other appropriate remedy or to waive compliance with this provision. In any event, the Recipient will exercise its commercially reasonable efforts to preserve the confidentiality of the Disclosers Confidential Information, including, without limitation, cooperating with Discloser to obtain an appropriate protective order or other reliable assurance that confidential treatment will be accorded to the Confidential Information. Notwithstanding the foregoing, Customer agrees that Linkfire may refer to Customer as a customer of Linkfire, both internally and in externally published media.
8.5. As between Linkfire and Customer, Customer owns all rights, title and interest in and to Customer Data (to the extent that such Customer Data has intellectual property rights protection). Customer grants Linkfire a non-exclusive, transferable, sub-licensable, royalty-free license and right to:
(i) use the Customer Data pursuant to and for the duration of this Agreement (and for one year after termination under section 6.6) in order to provide the Services to the Customer; and
(ii) use the Customer Data in a form that is not directly attributable (i.e. artist based audiences is not considered directly attributable) to the Customer (Non-Attributable Customer Data) on a perpetual (or, in jurisdictions where this is not permitted, for a term equal to the duration of the Agreements plus twenty (20) years), irrevocable, fully paid, worldwide license basis in order to use, sell, reproduce, make available to the public, publish, translate, modify, create derivative works from, and distribute such Non-Attributable Customer Data in any Linkfire products or services any suggestions, enhancement requests, recommendations or other feedback provided by Customer relating to the Services through any medium, whether alone or in combination with other content or materials, in any manner and by any means, method or technology, whether now known or hereafter created.
Customer acknowledges that, notwithstanding the above, Linkfire is a separate data controller in respect of any personal data of Users comprised in the Customer Data as further explained in clause 12.
9. Disclaimers and Limits on Liability
9.1. Disclaimer. CUSTOMER ACKNOWLEDGES THAT, EXCEPT AS OTHERWISE EXPRESSLY PROVIDED HEREIN, LINKFIRE, ITS AFFILIATES AND LICENSORS MAKE NO WARRANTY, EXPRESS, IMPLIED OR STATUTORY WITH RESPECT TO THE SERVICES OR USE THEREOF. LINKFIRE, ITS AFFILIATES AND LICENSORS HEREBY EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY THAT SERVICES WILL BE UNINTERRUPTED, ERROR FREE OR WITHOUT DELAY, AND THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INTERFERENCE, NON-INFRINGEMENT AND INFORMATION CONTENT.
9.2. DISCLAIMER OF DAMAGES. EXCEPT FOR A BREACH OF SECTION 4.3 AND EACH PARTYS RESPONSIBILITIES IN SECTION8, NEITHER PARTY OR ITS AFFILIATES ARE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES RELATING TO OR ARISING OUT OF THIS AGREEMENT OR THE SERVICES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST COMPUTER USAGE TIME, AND DAMAGE TO, OR LOSS OF USE OF, DATA), EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND IRRESPECTIVE OF ANY NEGLIGENCE OF A PARTY OR WHETHER SUCH DAMAGES RESULT FROM A CLAIM ARISING UNDER TORT OR CONTRACT LAW.
9.3. LIMITS ON LIABILITY. EXCEPT FOR A BREACH OF SECTION 8, LINKFIRE AND ITS AFFILIATES AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE SERVICES, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY, SHALL NOT EXCEED THE AMOUNTS ACTUALLY PAID BY AND DUE FROM CUSTOMER PURSUANT TO THE COMMERCIAL SCHEDULES GIVING RISE TO LIABILITY.
10. Indemnifications
10.1. Indemnification by Linkfire. If a third party asserts a claim against Customer asserting that Customers authorised use of the Services in accordance with this Agreement directly and identifiably violates that third-partys patent, trade secret or copyright rights (Infringement Claim), then Linkfire will, at its own expense: (a) defend or settle the Infringement Claim; and (b) indemnify Customer for any damages finally awarded against Customer based on infringement by the Services. If Linkfire believes the Services may violate a right, then Linkfire will, at its expense: (a) modify the Services, or (b) procure the right to continue using the Services, and if (a) or (b) are not commercially reasonable, terminate Customer's right to use the Services and issue a pro-rata refund for the unexpired pre-paid portion of such Services.
10.2. Indemnification by Customer. Subject to the terms of this Agreement, if a third party asserts a claim against Linkfire asserting that the Customer Data or Customers use of the Service in violation of this Agreement violates that third-partys patent, trade secret or copyright rights, or otherwise harms the third party (Claim), Customer will, at its own expense: (a) defend or settle the Claim; and (b) indemnify Linkfire for any damages, losses, liabilities, costs and expenses suffered or incurred by Linkfire arising from the Claim.
10.3. Indemnity Process. Neither partys obligations under this Section will apply if: (a) the indemnifying partys legal department does not receive prompt, detailed written notice of the Infringement Claim/Claim from the party being indemnified, (b) the indemnifying party is not able to retain sole control of the defense of the Infringement Claim/Claim and all negotiations for its settlement or compromise, or (c) the indemnifying party does not receive all reasonable assistance from the party being indemnified. Neither party will bind the indemnified party to a monetary obligation in a settlement or compromise, or make an admission on behalf of the indemnified party, without obtaining that partys prior consent.
10.4. THIS SECTION CONTAINS EACH PARTY'S EXCLUSIVE REMEDIES AND THE INDEMNIFYING PARTY'S SOLE LIABILITY FOR INFRINGEMENT CLAIMS/CLAIMS, RESPECTIVELY.
11. Governing Law and Dispute Resolution
11.1. A party will provide written notice to the other party of any controversy, dispute or claim arising out of or relating to this Agreement, or to the formation, interpretation, breach, termination, or validity thereof (Controversy). The parties shall engage in good faith negotiations to resolve the Controversy. Only if the Controversy is not resolved through good faith negotiations within 15 days of the sending of the written notice of Controversy, the Controversy may be submitted to litigation. Any dispute arising out of or in connection with our relationship, including any disputes regarding the existence, validity or termination of this Agreement, shall be governed by Danish law. The dispute shall be subject to simplified arbitration administrated by The Danish Institute of Arbitration in accordance with the rules of the simplified arbitration procedure adopted by The Danish Institute of Arbitration and in force at the time when such proceedings are commenced.
11.2. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to this Agreement. Nothing in this Agreement shall be deemed as preventing either party from seeking immediate injunctive relief from any court having jurisdiction over the parties and the subject matter of the dispute.
12. Customer Data and Data Protection
12.1 For the purposes of European data protection legislation (where relevant), each of Linkfire and the Customer are separate data controllers in respect of their own processing of any personal data comprised in User Data and each party shall separately be responsible for their compliance with relevant data protection regulations in relation to the same.
12.2 Linkfires processing of such personal data of Users shall be undertaken in accordance with Linkfires Privacy Policy, which is published at www.linkfire.com from time to time.
12.3 Customer shall be responsible for the security of the transmission of Customer Data to Linkfire but, when the Customer Data is with Linkfire, it shall take appropriate technical and organizational measures to ensure a level of security appropriate to the risk in accordance with data protection legislation.,
13. Verification
13.1. Customer agrees that Linkfire or its agent may monitor the Services to ensure Customers compliance with the terms of this Agreement.
14. Miscellaneous Terms
14.1. Linkfire is not liable for its failure to perform any of its obligations under this Agreement during any period in which performance is delayed by Customer or circumstances beyond Linkfire's reasonable control.
14.2. The parties are independent contractors and this Agreement does not create a partnership, franchise, joint venture, agency, fiduciary, or employment relationship between the parties.
14.3. Customer will receive system notifications from Linkfire and its licensors, if applicable (i.e. planned downtime notices, etc).
14.4. This Agreement, including any Exhibits and Commercial Schedules constitutes the entire agreement between Customer and Linkfire and supersedes any prior or contemporaneous negotiations or agreements, whether oral or written concerning the Services.
14.5. There are no representations, promises, warranties, covenants, or undertakings between the parties other than those expressly set forth in this Agreement.
14.6. There are no third party beneficiaries to this Agreement; Customer is not entering into a contractual relationship with Linkfires licensors and Linkfires licensors have no liability to Customer.
14.7. No modification or waiver of any provision hereof will be effective unless made in a writing signed by both Linkfire and Customer.
14.8. This Agreement and the rights hereunder are not transferable or assignable by Customer (and any attempted assignment will be void) without the prior written consent of Linkfire, except to a person or entity who acquires all or substantially all of the assets or business of Customer, whether by sale, merger or otherwise. Linkfire may assign or transfer this Agreement without Customers consent. Subject to the foregoing, this Agreement will bind and inure to the benefit of the parties, their respective successors and permitted assigns.
14.9. Any additional or conflicting terms of any Customer purchase order are rejected by Linkfire and do not apply.
14.10. Any additional documents presented to a Linkfire representative by Customer for signature as a condition for going on a Customers site will be governed by this Agreement and to the extent that such document presents additional terms or conflicts with this Agreement, it shall be considered null and void.
View ArticleCOMMERCIAL SCHEDULE
Membership
Your Linkfire ESSENTIAL Plan membership will continue month-to-month until terminated in accordance with section 6 of the Subscription Services Agreement. Unless you validly terminate your membership before your monthly renewal date and subject to any Trial Subscriptions, you authorize us to charge your next month's membership Fee to your Payment Method. To use the Linkfire service you must provide us with a current, valid, accepted method of payment ("Payment Method").
Trial Subscriptions
Our service may be made available to you on a free trial basis for a limited time ("Trial Subscription"). The specific duration of the Trial Subscription will be specified in the applicable offer at sign-up. Trial Subscriptions are limited to new service subscribers, unless otherwise specified. Your status as a new subscriber to our services will be determined by us in our sole discretion. The terms of the Subscription Services Agreement apply to any Trial Subscription, unless otherwise specified.
At the time of signing up for a Trial Subscription, you must provide us with a valid Payment Method in order to use our Services during the Trial Subscription period. Your Payment Method will not be charged by us during the Trial Subscription Period.
UPON THE EXPIRATION OF THE TRIAL SUBSCRIPTION, THE SUBSCRIPTION FEE FOR OUR SERVICES WILL BE AUTOMATICALLY CHARGED TO YOUR PAYMENT METHOD, UNLESS YOU VALIDLY CANCEL THE TRIAL SUBSCRIPTION PRIOR TO ITS EXPIRY CONTACTING CUSTOMER SUPPORT OF DIRECTLY FROM THE LINKFIRE DASHBOARD, WHEN AVAILABLE. PLEASE NOTE THAT YOU WILL NOT BE NOTIFIED THAT YOUR TRIAL SUBSCRIPTION WILL END OR HAS ENDED.
Fees
Linkfire may charge your Payment Method such amounts which are from time to time owed by you for the Services including (as applicable) taxes and service fees, set up fees, add-on fees, subscription fees, or any other fee or charge associated with the Services (together, the Fee). A full overview of fees is available on www.linkfire.com.
Billing
The Fee will be billed on a monthly basis to your Payment Method on the calendar day corresponding to the commencement of your membership. In some cases, the timing of your billing may change, for example if your Payment Method has not successfully settled or if your paying membership began on a day not contained in a given month. If an option to pay yearly is selected by Customer the respective yearly fee will be charged to your Payment Method.
You can change your Payment Method by sending an email with a request to [email protected] or directly from your Linkfire dashboard, when available. If a payment is not successfully settled due to expiration, insufficient funds, or otherwise, and you do not change your Payment Method or cancel your account, without limiting our rights or remedies, your access to the Services may be suspended until we have obtained a valid Payment Method. Linkfire is authorized hereby to continue billing the Payment Method, as it may be updated and you remain responsible for any uncollected amounts. This may result in a change to your payment billing dates. For certain Payment Methods, the issuer of your Payment Method may charge you a foreign transaction fee or other charges which shall be your sole responsibility. Check with your Payment Method service provider for details.
You can cancel your Linkfire membership in accordance with section 6 of the Agreement, and you will continue to have access to the Linkfire service through the end of your billing period. We do not provide refunds or credits for any partial-month membership periods. To cancel, send an email with a request to [email protected] or submit one from your Linkfire dashboard, when available.
Linkfire may change its service plans and the price of the Services from time to time; provided, however, that Linkfire will provide you with prior notice and an opportunity to terminate the Agreement if Linkfire changes the price of a Service to which you are subscribed and will not charge you for a previously free Service unless you have been notified of the applicable fees and agreed to pay such fees.
SUBSCRIPTION SERVICES AGREEMENT
This Subscription Services Agreement (Agreement), by and between Linkfire ApS, a company formed under the laws of Denmark, located at Artillerivej 86, 3, 2300 Copenhagen S, Denmark (Linkfire) and the customer (Customer), is effective as of the earlier of the date on which the Customer accepts and agrees to this Agreement by ticking the applicable box on signup (or other similar expression of acceptance) or the date on which you start accessing or using the Services (theEffective Date).
This Agreement sets forth the terms and conditions under which the parties agree that Customer may, pursuant to one or more separately executed Commercial Schedules, purchase Linkfires Services as listed on the relevant Commercial Schedule.
This Agreement includes and incorporates the attached Terms and Conditions and all Commercial Schedules, Terms of Use (available on linkfire.com) and other attachments that reference such documents, and contains, among other things, warranty disclaimers, liability limitations and use limitations.
When Customer tick the applicable agree/accept box on signup, the parties agree to be bound by the terms and conditions of this Agreement.
TERMS AND CONDITIONS
1. Introduction
Linkfire provides a marketing intelligence software service which allows the Customer to create smart links.
Linkfire shall provide the Customer with the Services subject to and in accordance with the terms and conditions of this Agreement.
2. Definitions
2.1. Affiliate is an entity that controls, is controlled by or shares common control with Linkfire or Customer (as applicable), where such control arises from either (a) a direct or indirect ownership interest of more than 50% or (b) the power to direct or cause the direction of the management and policies, whether through the ownership of voting stock by contract, or otherwise, equal to that provided by a direct or indirect ownership of more than 50%.
2.2. Commercial Schedule refers to the schedule presented upon sign-up and in Order confirmation and incorporated herein by this reference, setting forth the commercial terms of the Agreement and as may be updated from time to time by Linkfire and Customer.
2.3. Confidential Information shall have the meaning set forth in Section 8.2.
2.4. "Customer Data" means all electronic data or information submitted to the Linkfire Service by: (i) users who click on a Linkfire link directly and identifiably related to the Customer; or (ii) the Customer or a third party on behalf of Customer.
2.5. Discloser means the party disclosing Confidential Information.
2.6. Fees means the monthly or annual subscription fees for the Service as set forth in the Commercial Schedule.
2.7. Infringement Claim shall have the meaning set forth in Section 10.1.
2.8. Recipient means the party receiving Confidential Information.
2.9. Services means the provision, including under a Trial Subscription, of one or more of the following: (i) Linkfire ESSENTIAL plan services as described at www.linkfire.com ; and (ii) the provision of certain Customer Data and statistics as more particularly described at www.linkfire.com.
2.10. Service Items means all software, programming, documentation, templates, questionnaires, methodologies, models, charts, reports and any other items used to deliver the Services or made available to Customer as a result of the Services.
2.11. SLA means the Service Level Agreement, if any.
2.12. Support means the Customer support described at https://support.linkfire.com and in the SLA.
2.13. Terms of Use means the Linkfire Standard Terms of Service as part of the Privacy Policy in force from time to time and available on linkfire.com.
2.14. Intentionally omitted.
2.15. Trial Subscription means the provision of Services to Customer on a free trial basis for a limited time. The specific duration of the Trial Subscription will be specified in the applicable offer at sign-up. Trial Subscriptions are limited to potential new Customers only, unless otherwise specified. A Customers status as a new subscriber to the Services will be determined by Linkfire in its sole discretion. The terms of this Agreement apply to any Trial Subscription, unless otherwise specified.
3. Scope
3.1. Subject to Customers payment of the Fees, Linkfire will provide Customer with access to the Services as set forth in this Agreement and applicable Commercial Schedule.
4. Linkfire Services
4.1. Subject to, and conditional upon Customers compliance with, the terms of this Agreement, Linkfire hereby grants to Customer a non-exclusive, non-transferable,non-sublicenseable, limited license to access and use the Services (i) in the Territory, (ii) for Customers and its Affiliates internal business operations, (iii) in accordance with the Terms of Use and the applicable Commercial Schedule, (iv) for the duration of the Customers membership.
4.2. Linkfire will (i) provide the Services in a manner consistent with general industry standards reasonably applicable to the provision thereof; (ii) use commercially reasonable efforts to maintain the security of Customer passwords; (iii) provide Support to Customer for the Services, which may be changed by Linkfire upon prior notice to customer. If an SLA is provided for the Linkfire Services, the terms of such SLA will be attached to this Agreement.
4.3. Customer shall:
4.3.1. prevent unauthorized access to, or use of, the Services, and notify Linkfire promptly of any such unauthorized access or use;
4.3.2. comply with all applicable laws in using the Services;
4.3.3 pay the Fees in full, without set off or deduction in a timely manner;
4.3.4. not (i) modify, copy or create derivative works based on the Services; (ii) disassemble, reverse engineer, or decompile the Services or part thereof, or access it in order to copy any ideas, features, content, functions or graphics of the Linkfire Services; (iii) interfere with or disrupt the integrity or performance of the Services; (iv) send or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material, or send or store material in violation of any third partys privacy rights via the Services; (v) send or store viruses or malicious code via the Services; (vi) attempt to gain unauthorized access to the Services or its related software, systems, platforms or networks; (vii) use any components provided with the Services separately from the Services; or (viii) distribute, rent, lease, sublicense or provide the Services to any third party or use it in a service bureau, outsourcing environment, or for the processing of third party data.
4.4. Customer acknowledges and accept that certain Service tiers and features are supported by and may contain advertising and promotional messages alongside Customer Data. Customer agrees that it shall not participate in any revenue or consideration received or receivable by Linkfire in connection with the delivery of such advertising or promotional messages.
5. Fees and Payment
5.1. The Fees payable for the Services are set forth in the applicable Commercial Schedule. The Fees will be invoiced in accordance with the relevant Commercial Schedule and are due in accordance with the payment terms set forth in such applicable Commercial Schedule.
5.2. Customer will pay or reimburse Linkfire or, when required by law, the appropriate governmental agency, for taxes of any kind, including sales, use, VAT, excise, customs duties, withholding, property, and other similar taxes (other than taxes based onLinkfiresnet income or arising from the employment relationship between Linkfire and its personnel) imposed in connection with the fees paid for the Services, which are exclusive of these taxes.
5.3. In addition to its other rights and remedies, Linkfire reserves the right, without liability to the Customer, to suspend any and all access to the Services if Customer fails to pay the Fees or any other amount due until all accounts are paid in full. The unpaid balance of each late payment bears interest at a rate equal to the lesser of 1% per month or the maximum amount permitted by law.
6. Term and Termination
6.1. This Agreement begins on the Effective Date and will remain in effect unless terminated pursuant to Section 6.2 or 6.3 below.
6.2. At any time during the Term, either party may terminate this Agreement for its convenience; however, such termination will have no effect on Commercial Schedules executed by the parties prior to its effective date, including but not limited to payment obligations contained therein, and such Commercial Schedules will remain in full force and effect under the terms of this Agreement for the term specified therein. Commercial Schedules may not be terminated for convenience unless otherwise specified therein.
6.3. Intentionally Omitted
6.4. In addition to its other rights and remedies, Linkfire reserves the right, without liability to Customer, to immediately suspend any and all access to the Services if Customer commits a material breach of this Agreement or any relevant Commercial Schedule until such material breach is cured. If such material breach is (i) unable to be cured, or (ii) is not cured within 14 days from receipt of written noticehereof, then Linkfire may immediately terminate the Agreement and/or the affected Commercial Schedule.
6.5. Upon termination pursuant to 6.2 and 6.3 above, all rights and licenses granted to Customer herein will terminate and Customer will make no further use of the Services. No termination will relieve the Customer of the obligation to pay any Fees accrued or payable to Linkfire. Customer Data will still be available in a read-only mode, where Customer can access the Customer Data, but not edit any existing links or add new. After a one-year period, Linkfire shall have no obligation to maintain or provide any Customer Data and may thereafter delete Customer Data without further notice. Linkfire can provide reader-access to links created after termination, and links will continue to remain active as set up on creation or edit date. Upon termination, Linkfire reserves the right to de-activate links that have not received at least 50 clicks within a consecutive period of 90 days, without further notice. Customers will not be able to create new links nor edit already created links after termination.
7. Limited Warranty
7.1. Linkfire warrants to Customer that the Services (i) will perform in substantial accordance with the applicable SLA, if any, and (ii) will be performed in a manner consistent with industry standards reasonably applicable to the provision thereof. Customers exclusive remedy and Linkfires sole obligation for breach of the warranty in this Section 7 will be Linkfires use of commercially reasonable efforts to have the Services perform in substantial accordance with the SLA, or replace the non-conforming portion of the Service within a reasonable period of time, or if Linkfire cannot have the Service perform in substantial accordance with the SLA or replace the Services within such time period, then Linkfire will refund the amount paid by Customer for the Services, pro-rated from the date of the notice of the claim. Customers rights and Linkfiresobligations in this Section 7 are conditioned upon Customers providing Linkfire with written notice of the claim, a complete description of the alleged defects and a specific reference to the part or parts of the Services and/or SLA, as applicable, to which such alleged defects are contrary.
8. Proprietary rights and confidentiality
8.1. Linkfire, its Affiliates or licensors retain all right, title and interest to the Services and all related intellectual property and proprietary rights. The Services are protected by applicable copyright, trade secret, industrial and other intellectual property laws. Linkfire owns all right, title and interest in Service Items and access to and use of the relevant Service Items will be governed by the terms of this Agreement. The Service Items are deemed Confidential Information under this Agreement. Linkfire reserves any rights not expressly granted to Customer.
8.2. Confidential Information means all proprietary or confidential information that is disclosed to the Recipient by Discloser, and includes, among other things (i) any and all information relating to products or services provided by a Discloser, its customer-related and financial information, software code, flow charts, techniques, specifications, development and marketing plans, strategies, and forecasts; (ii) as to Linkfire, and its licensors, the Services; and (iii) the terms of this Agreement, including without limitation, pricing information. Confidential Information does not include information that Recipient can show: (a) was rightfully in Recipients possession without any obligation of confidentiality before receipt from the Discloser; (b) is or becomes a matter of public knowledge through no fault of Recipient; (c) is rightfully received by Recipient from a third party without violation of a duty of confidentiality; or (d) is or was independently developed by or for Recipient.
8.3. Recipient may not disclose Confidential Information of Discloser to any third party or use the Confidential Information in violation of this Agreement. The Recipient (i) will exercise the same degree of care and protection with respect to the Confidential Information of the Discloser that it exercises with respect to its own Confidential Information and (ii) will not, either directly or indirectly, disclose, copy, distribute, republish, or allow any third party to have access to any Confidential Information of the Discloser. Notwithstanding the foregoing, Recipient may disclose Disclosers Confidential Information to Recipients employees and agents who have a need to know provided that such employees and agents have legal obligations of confidentiality substantially the same (and in no case less protective) as the provisions of this Agreement.
8.4. If the Recipient becomes aware of any unauthorized use or disclosure of Disclosers Confidential Information, then Recipient will promptly and fully notify the Discloser of all facts known to it concerning such unauthorized use or disclosure. In addition, if the Recipient or any of its employees or agents are required (by oral questions, interrogatories, requests for information, or documents in legal proceedings, subpoena, civil investigative demand, or other similar process) to disclose any of Disclosers Confidential Information, the Recipient will not disclose the Disclosers Confidential Information without providing the Discloser with commercially reasonable advance prior written notice to allow Discloser to seek a protective order or other appropriate remedy or to waive compliance with this provision. In any event, the Recipient will exercise its commercially reasonable efforts to preserve the confidentiality of the Disclosers Confidential Information, including, without limitation, cooperating with Discloser to obtain an appropriate protective order or other reliable assurance that confidential treatment will be accorded to the Confidential Information. Notwithstanding the foregoing, Customer agrees that Linkfire may refer to Customer as a customer of Linkfire, both internally and in externally published media.
8.5. As between Linkfire and Customer, Customer owns all rights, title and interest in and to Customer Data (to the extent that such Customer Data has intellectual property rights protection). Customer grants Linkfire a non-exclusive, transferable, sub-licensable, royalty-free license and right to:
(i) use the Customer Data pursuant to and for the duration of this Agreement (and for one year after termination under section 6.6) in order to provide the Services to the Customer; and
(ii) use the Customer Data in a form that is not directly attributable (i.e. artist based audiences is not considered directly attributable) to the Customer (Non-Attributable Customer Data) on a perpetual (or, in jurisdictions where this is not permitted, for a term equal to the duration of the Agreements plus twenty (20) years), irrevocable, fully paid, worldwide license basis in order to use, sell, reproduce, make available to the public, publish, translate, modify, create derivative works from, and distribute such Non-Attributable Customer Data in any Linkfire products or services any suggestions, enhancement requests, recommendations or other feedback provided by Customer relating to the Services through any medium, whether alone or in combination with other content or materials, in any manner and by any means, method or technology, whether now known or hereafter created.
Customer acknowledges that, notwithstanding the above, Linkfire is a separate data controller in respect of any personal data of Users comprised in the Customer Data as further explained in clause 12.
9. Disclaimers and Limits on Liability
9.1. Disclaimer. CUSTOMER ACKNOWLEDGES THAT, EXCEPT AS OTHERWISE EXPRESSLY PROVIDED HEREIN, LINKFIRE, ITS AFFILIATES AND LICENSORS MAKE NO WARRANTY, EXPRESS, IMPLIED OR STATUTORY WITH RESPECT TO THE SERVICES OR USE THEREOF. LINKFIRE, ITS AFFILIATES AND LICENSORS HEREBY EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY THAT SERVICES WILL BE UNINTERRUPTED, ERROR FREE OR WITHOUT DELAY, AND THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INTERFERENCE, NON-INFRINGEMENT AND INFORMATION CONTENT.
9.2. DISCLAIMER OF DAMAGES. EXCEPT FOR A BREACH OF SECTION 4.3 AND EACH PARTYS RESPONSIBILITIES IN SECTION 8, NEITHER PARTY OR ITS AFFILIATES ARE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES RELATING TO OR ARISING OUT OF THIS AGREEMENT OR THE SERVICES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST COMPUTER USAGE TIME, AND DAMAGE TO, OR LOSS OF USE OF, DATA), EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND IRRESPECTIVE OF ANY NEGLIGENCE OF A PARTY OR WHETHER SUCH DAMAGES RESULT FROM A CLAIM ARISING UNDER TORT OR CONTRACT LAW.
9.3. LIMITS ON LIABILITY. EXCEPT FOR A BREACH OF SECTION 8, LINKFIRE AND ITS AFFILIATES AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE SERVICES, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY, SHALL NOT EXCEED THE AMOUNTS ACTUALLY PAID BY AND DUE FROM CUSTOMER PURSUANT TO THE COMMERCIAL SCHEDULES GIVING RISE TO LIABILITY.
10. Indemnification
10.1. Indemnification by Linkfire. If a third party asserts a claim against Customer asserting that Customers authorised use of the Services in accordance with this Agreement directly and identifiably violates that third-partys patent, trade secret or copyright rights (Infringement Claim), then Linkfire will, at its own expense: (a) defend or settle the Infringement Claim; and (b) indemnify Customer for any damages finally awarded against Customer based on infringement by the Services. If Linkfire believes the Services may violate a right, then Linkfire will, at its expense: (a) modify the Services, or (b) procure the right to continue using the Services, and if (a) or (b) are not commercially reasonable, terminate Customer's right to use the Services and issue a pro-rata refund for the unexpired pre-paid portion of such Services.
10.2. Indemnification by Customer. Subject to the terms of this Agreement, if a third party asserts a claim against Linkfire asserting that the Customer Data or Customers use of the Service in violation of this Agreement violates that third-partys patent, trade secret or copyright rights, or otherwise harms the third party (Claim), Customer will, at its own expense: (a) defend or settle the Claim; and (b) indemnify Linkfire for any damages, losses, liabilities, costs and expenses suffered or incurred by Linkfire arising from the Claim.
10.3. Indemnity Process. Neither partys obligations under this Section will apply if: (a) the indemnifying partys legal department does not receive prompt, detailed written notice of the Infringement Claim/Claim from the party being indemnified, (b) the indemnifying party is not able to retain sole control of the defense of the Infringement Claim/Claim and all negotiations for its settlement or compromise, or (c) the indemnifying party does not receive all reasonable assistance from the party being indemnified. Neither party will bind the indemnified party to a monetary obligation in a settlement or compromise, or make an admission on behalf of the indemnified party, without obtaining that partys prior consent.
10.4. THIS SECTION CONTAINS EACH PARTY'S EXCLUSIVE REMEDIES AND THE INDEMNIFYING PARTY'S SOLE LIABILITY FOR INFRINGEMENT CLAIMS/CLAIMS, RESPECTIVELY.
11. Governing Law and Dispute Resolution
11.1. A party will provide written notice to the other party of any controversy, dispute or claim arising out of or relating to this Agreement, or to the formation, interpretation, breach, termination, or validity thereof (Controversy). The parties shall engage in good faith negotiations to resolve the Controversy. Only if the Controversy is not resolved through good faith negotiations within 15 days of the sending of the written notice of Controversy, the Controversy may be submitted to litigation. Any dispute arising out of or in connection with our relationship, including any disputes regarding the existence, validity or termination of this Agreement, shall be governed by Danish law. The dispute shall be subject to simplified arbitration administrated by The Danish Institute of Arbitration in accordance with the rules of the simplified arbitration procedure adopted by The Danish Institute of Arbitration and in force at the time when such proceedings are commenced.
11.2. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to this Agreement. Nothing in this Agreement shall be deemed as preventing either party from seeking immediate injunctive relief from any court having jurisdiction over the parties and the subject matter of the dispute.
12. Customer Data and Data Protection
12.1 For the purposes of European data protection legislation (where relevant), each of Linkfire and the Customer are separate data controllers in respect of their own processing of any personal data comprised in User Data and each party shall separately be responsible for their compliance with relevant data protection regulations in relation to the same.
12.2 Linkfires processing of such personal data of Users shall be undertaken in accordance with Linkfires Privacy Policy, which is published at www.linkfire.com from time to time.
12.3 Customer shall be responsible for the security of the transmission of Customer Data to Linkfire but, when the Customer Data is with Linkfire, it shall take appropriate technical and organizational measures to ensure a level of security appropriate to the risk in accordance with data protection legislation.,
13. Verification
13.1. Customer agrees that Linkfire or its agent may monitor the Services to ensure Customers compliance with the terms of this Agreement.
14. Miscellaneous Terms
14.1. Linkfire is not liable for its failure to perform any of its obligations under this Agreement during any period in which performance is delayed by Customer or circumstances beyond Linkfire's reasonable control.
14.2. The parties are independent contractors and this Agreement does not create a partnership, franchise, joint venture, agency, fiduciary, or employment relationship between the parties.
14.3. Customer will receive system notifications from Linkfire and its licensors, if applicable (i.e. planned downtime notices, etc).
14.4. This Agreement, including any Exhibits and Commercial Schedules constitutes the entire agreement between Customer and Linkfire and supersedes any prior or contemporaneous negotiations or agreements, whether oral or written concerning the Services.
14.5. There are no representations, promises, warranties, covenants, or undertakings between the parties other than those expressly set forth in this Agreement.
14.6. There are no third party beneficiaries to this Agreement; Customer is not entering into a contractual relationship with Linkfires licensors and Linkfires licensors have no liability to Customer.
14.7. No modification or waiver of any provision hereof will be effective unless made in a writing signed by both Linkfire and Customer.
14.8. This Agreement and the rights hereunder are not transferable or assignable by Customer (and any attempted assignment will be void) without the prior written consent of Linkfire, except to a person or entity who acquires all or substantially all of the assets or business of Customer, whether by sale, merger or otherwise. Linkfire may assign or transfer this Agreement without Customers consent. Subject to the foregoing, this Agreement will bind and inure to the benefit of the parties, their respective successors and permitted assigns.
14.9. Any additional or conflicting terms of any Customer purchase order are rejected by Linkfire and do not apply.
14.10. Any additional documents presented to a Linkfire representative by Customer for signature as a condition for going on a Customers site will be governed by this Agreement and to the extent that such document presents additional terms or conflicts with this Agreement, it shall be considered null and void.
SERVICE LEVEL AGREEMENT (SLA)
Platform maintenance, that requires the backend to be unavailable, is executed very rarely and is conducted at times when platform usage is at its lowest. Maintenance will impact access to the platform only and not impact any online content.
1. Service Levels
1.1.Status Page:Linkfire shall provide a tool for status monitoring (the "Status Page") to its critical services and infrastructure. Such Status Page shall be made available independently of Linkfire's main infrastructure in order to survive major outages and shall be updated regularly and promptly in case of any service unavailability. The Status Page will be made available online at the URL: https://status.linkfire.com and shall feature email, RSS feed and SMS subscription features for the Customer to use.
1.2.Incident Management:In case one of more parts of Linkfire's systems become unavailable, Customer shall engage the following methods to obtain information:
Visit https://status.linkfire.com for a detailed snapshot of the most updated situation.
In case of need, contact [email protected] for further information.
1.3.Essential Services Support Package:Linkfire provides support to the Customer through the following channels:
General support over e-mail: [email protected]
Access to the online knowledge base (Help Center)
1.4.Support Response Process:Once a support request/ticket is received on e-mail, it is worked to provide (a) the requested clarification to a fix or (b) provision of a workaround to satisfy Customer needs. Linkfire will employ reasonable efforts to handle tickets in a timely fashion but makes no guarantees for specific time to response.
View ArticleWhen you share your Linkfire link, we make sure to collect plenty of data about how your fans interact with your content. Analyzing this data is time well spent, as it helps you optimize the performance of your future marketing efforts.
Every link you create has its very own Insights page, where we collect and present all the data we have collected. To see this Insights page, just click on any link in your board. If you have the link's URL handy, you can also check out its insights by appending /insights to the URL in your browser.
This article explains in detail what you can see on this page.
Header
Click here to read how Referrer information is collected and reported.
The top of the Insights page will remind you exactly which link you are currently looking at. The "breadcrumbs" show you which board it's in.
To the far right, you can click "Download insights" to generate and download a PDF report of this link's performance.
Traffic summary
This section shows you a quick overview your traffic.
Clicksis the number of total clicks to your link. It includes traffic from bots, from people who visit the link more than once in a short period of time and other types of traffic that should you not necessarily take into account when determining your link's success.
Visitorsis the number of individual users who have visited your link. If the same user visits your link several times within a 10-minute window, they will only be counted as a single visitor.
Engagementsis the total amount of unique visitors who have engaged with your content in some way, either by clicking through to a service or by playing the 30-second preview or YouTube video embedded at the top of your landing page.
Click-throughsis the total number of unique visitors who clicked through to a service, either by being automatically redirected or by clicking on a destination on your landing page.
Click the "+" icon in this section to expand it, showing descriptions and more granular stats.
Expanded traffic summary
The expanded traffic summary will give you a brief explanation of each number and display a few additional breakdowns of the your data.
Under Engagements, you will see three difference percentages.
Previewsis the percentage of all users who engaged with your landing page that did so by clicking on your 30-second audio preview or embedded YouTube player.
Clicks to serviceis the percentage of all users who engaged with your landing page that did so by clicking through to a service.
Notice that Previews and Clicks to service can often add up to over 100\%. This is because some users will both click on your preview and click through to a service. It's not necessarily either-or.
Totalis the percentage of all Visitors who engaged with your landing.
Under the explanations and traffic breakdowns, you will see two additional percentages.
Bounce raterepresents the percentage of all Visitors who left your Linkfire landing page without engaging with it in any way.
Click-through rateis the percentage of all Visitors who clicked through to a destination from your landing page.
Visitors graph
This section shows you the number of Visitors who visited your landing page over time. By default, the graph will display the time period from when the link was created until the current day.
You can use the Filter insights section to specify a time period to show instead.
Geographic distribution of visitors
This section shows the most popular geographic regions for your link. The numbers represent the amount of Visitors located in certain countries and in certain cities. In addition to showing the amount of actual Visitors in that location, we also display the percentage of Visitors in that location compared to the total number of Visitors.
Click here to read about how to create country-specific landing pages and redirects.
If your link is visited by Visitors in more than five countries or cities, click Show more to expand the list and show the next five most popular locations.
Channel distribution
Here you can see the amount of Visitors that reached your link through specific channels, as defined by you.
Click here to read about how to set up Channels for more detailed tracking.
The list on the right of this section shows the top five most used channels for this link, both in absolute Visitor numbers and as a percentage of all Visitors to the link. If there are more than five Channels being used, click Show more to expand the list and see the next five most popular Channels.
The pie chart on the left of this section shows the distribution of channels as grouped into three different categories: Original, Owned and Paid.
Original is traffic not coming through any Channel; just the "original" URL of your Linkfire link.
Paid and Owned are defined by you when setting up channels. We recommend setting up channels in either of these categories to reflect the type of activity it will represent.
For example, if you have a channel called Label Website, we recommend categorizing it as Owned, as this is an asset that you already naturally possess. If you have a channel called Facebook Advertisements, we recommend categorizing it as Paid, since you will need to purchase traffic coming through this channel. Accurately categorizing and using channels will help you when analyzing your data later.
Activity tracking
In addition to dividing your traffic into Channels, as explained above, you can also associate a certain Activity with your link each time you share it. You can for example use this to track the performance of the same link shared across different times of the day.
Click here to read about how to use Activities.
You can use Activities in combination with Channels, and so this section will divide your Activities into the Channels they were used with. Expand a Channel by clicking on it. You will then see the distribution of Activities used.
The column titledActivitiesshows the number of unique activities associated with that Channel.
TheVisitscolumn show the total number of Visitors that reached your link through the specified Activity.
The\%column shows the ratio of Visitors arriving at your link through the specified Activity as a percentage of total Visitors.
Referrer distribution
This section is very similar to the Channels section as described above. The difference is that these sources of traffic are not defined by you as with Channels. Instead, they are automatically detected.
This can be very nifty, but there are drawbacks. For example, it's not always possible to detect the source, and so you will often see "Direct" being a large portion of the traffic. This means that Linkfire cannot determine the source of the traffic. Also, this method cannot differentiate between different internal sources on the same platform. For example, if you share a link across two different Facebook pages at three different times of the day, you can track all six instances using a combination of Channels and Activities. All six instances will be filed as "facebook" in the case of referrers.
The right half of this section shows the top five most popular Referrers for this link, both in absolute Visitor numbers and as a percentage of all Visitors to the link. If there are more than five Referrers, click Show more to expand the list and see the next five most popular Referrers
The pie chart on the left half of this section shows the distribution of Referrers as grouped into four different categories: Direct, Social, Search and Other.
Devices and operating systems
Here you can see the distribution of devices used by Visitors, as divided into three different categories: Mobile, Desktop and Tablet.
Each category is further divided into operating systems. For example, you can see how many of your users on mobile are using iPhones or Android devices.
Chosen service destinations
Your Linkfire landing pages offer your fans a choice of music services where they can buy or listen to your music. Use this section to see which music services are the most popular among your fans. This section has three different sub-sections: Top service types, Music services and Click-through.
Top service typesshows your Visitors' chosen services as split into three different categories: Stream, Download and Physical.
Stream represents streaming services like Spotify, Deezer and Apple Music.
Download represents download services like iTunes and Beatport.
Physical represents services that ship physical products, like Amazon or custom webshops.
Music servicesshows you a list of all services your Visitors have selected, sorted by popularity, both in absolute numbers and as a percentage of all click-throughs. If there are more than five services, click Show more to expand the list and see the next five most popular services.
Click-throughshows you the same numbers as on the list, but displayed in a more visual format as a pie chart.
View ArticleWhen creating a link on Linkfire, you always do so with a source URL. This is the main URL for your link. To get started, click the "+" button in the top right corner of Linkfire.
Now, find the URL you want to create your link with, and paste it into the input field that showed up.
When you click "Continue", Linkfire will scan your URL and create your new smart link. Depending on the URL you created your link with, Linkfire will automatically create one of three different types of links:
Music link
A link to a track or album. A link of this type will have a beautiful landing page and typically offer your fans to go to your content on different services.
To create this type of link, use a valid music URL as your source URL. We recommend using links to Spotify or iTunes for best results.
Playlist link
This is similar to a music link, and it also features the familiar landing page. However, as playlists are managed slightly differently across services, these links look slightly different when you create them.
To create this type of link, use a URL to a playlist on Spotify or Deezer as your source URL.
Content link
If you use a non-music link as your source URL, Linkfire will create a content link. This type of link has no landing page, but you can still customize the behavior of the link in different ways and collect detailed insights. Content links are typically used to link to concert tickets, articles about your newest releases or other destinations that are not actually music.
View ArticleMusic links are one of three link types that you can create with Linkfire. Click here to read about the different types of links.
To create a music link, you must use a valid music URL. This is typically a link to a track or album on a music service like iTunes or Spotify. Click the "+" button in the top right of Linkfire and enter your URL, then press continue. Linkfire will now spend a few seconds scanning the URL and creating your link.
When the link is ready, the top section of the page should look like the above. If it does, you have successfully created a music link.
Most of the sections on the page will be pre-filled with the most relevant information. In most cases, you can scroll directly to the bottom of the page and click the "Create link" button to save your new link. If you want to add or modify any settings on the link, scroll through the sections and do so.
The most important section is the "Music matches" section, where you will see all of the results that we have automatically scanned for your music. If you want to make sure that all of the destinations are correct, spend a minute looking at the destinations and edit any that don't point to the correct URL.
View ArticleLinkfire is built to empower you to promote your music, which often takes the form of singles or albums. But as a format, playlists have been making headway as one of the most popular ways to consume music. Using our tool, you can now route fans to your playlists across different music services.
How to create a Linkfire playlist campaign
In order for Linkfire to automatically scan your playlist and find matching playlists elsewhere, you will need to start with the URL to your playlist on a supported service. We currently support Spotify and Deezer, with more services on the way. Don't worry, any other service can always be added manually.
To get started, click the "+" button in the top right of your Linkfire dashboard and paste in your playlist URL.
Click "Continue", and Linkfire will start scanning your playlist. If you entered a Spotify URL, we will scan for the corresponding playlist on Deezer and vice versa. You can then manually enter a URL for the playlist on any other music service that you have added in your board settings under the Default territory.
This feature will be continually expanded as we add more services to the list of supported services that we will scan automatically.
View ArticleMost links created with Linkfire take fans to music on different services through our beautiful landing pages. But you can also use Linkfire to link directly to other forms of content, such as ticket sales sites or articles about your latest release.
Linking to single destinations through Linkfire lets you harness our powerful analytics tools to monitor your marketing efforts, and also lets you collect remarketing data for anyone clicking your links. Additionally, you can use our conditional destinations to take different users to different destinations, depending on criteria such as where they're located and what device they're using.
To create a Linkfire content link, click the "+" button in the top right corner of Linkfire, and paste in the destination you want to link to.
If the destination is not a valid music URL, Linkfire will automatically create your link as a content link. Add or edit any details you need and click "Create link" to save your new content link.
View ArticleMost links created with Linkfire take fans to music on different services through our landing pages. However, you can also use Linkfire for podcasts and create landing pages that will take your fans to their streaming service of choice while closely tracking their behavior every step of the way.
Currently, there's a little bit of a workaround when it comes to creating podcast links, as our scanner doesn't scan podcast links the same way as music links. You will have to start with scanning a Spotify, Soundcloud, or an iHeartRadio link for your podcast (or really any release out on Spotify) to get to the landing page set up where you can customize your URL, add more services and update the metadata.
To add more services like Stitcher, Overcast, Castbox, etc., head to the bottom of the "Music matches" section where you will see a ‘+’ sign that says "Add music services". Then type in the name of the service you're looking for and choose it from the drop-down menu.
Next, you copy the link to your podcast from the service you've just added and add it to your Linkfire landing page by clicking the drop-down arrow to the right of the service and insert the link manually.
In the "Landing page" section you can drag and drop the services you don't want to have shown on your landing page and change the order of the services along with the title and description shown on the landing page.
When you're satisfied with how it looks click "Create link" at the very bottom of the page. In order to share your link afterward, click on “Get link” and select which channel you would like to post it on.
View Article