Trackdesk Marketplace Terms & Conditions

Effective date: 11.8.2026

These Trackdesk Terms & Conditions (the “Terms”) are issued by Trackdesk s.r.o., a company registered in the Commercial Register maintained by the Municipal Court in Prague, Section C, Insert 364270, identification number 143 49 043, with its registered office at Slezská 844/96, 130 00 Prague 3 – Vinohrady, Czech Republic (the “Provider”).

The Provider operates a marketplace functionality within its web-based affiliate marketing application (the “Marketplace”). The Marketplace enables advertisers to make affiliate marketing offers available to approved affiliate partners and enables approved affiliate partners to apply for and promote such offers.

These Terms form part of and supplement the Provider’s General Terms of Service available at https://trackdesk.com/terms-conditions (the “General Terms”). If these Terms conflict with the General Terms, these Terms prevail.

Definitions and interpretation
“Advertiser” means an entity or an individual that makes one or more Offers available through the Marketplace.
“Affiliate” means an entity or an individual acting in the course of business that has applied for, and has been approved by the Provider for, access to the Marketplace in order to promote Offers.
“Application” means a web-based application that shall be used for tracking the activities of the Affiliate in the area of affiliate marketing business.
“Approved Conversion” means a Conversion that has been recorded in the Application, has satisfied the applicable Offer Terms and validation rules, has not been rejected, reversed or disqualified within the applicable validation period, and is displayed as approved or locked in the Application.
“Available Balance” means the amount of funded and undisputed Commissions allocated to an Affiliate in the Application and available for payout after deduction of refunds, chargebacks, taxes, reserves, offsets and/or applicable fees.
“Campaign Contract” means the direct contract formed between an Advertiser and an Affiliate when the Affiliate accepts an Offer and Affiliate is accepted by the Application. A Campaign Contract consists of the Offer Terms, these Terms to the extent applicable between the Advertiser and Affiliate, and any additional terms expressly agreed by them through the Application.
“Commission” means the remuneration payable by an Advertiser to an Affiliate for an Approved Conversion in accordance with the applicable Offer Terms.
“Conversion” means an action attributed to an Affiliate under the applicable Offer Terms, such as a click, lead, registration, sale, subscription or other qualifying event.
“Offer” means an affiliate marketing campaign, programme or commercial offer published or made available by an Advertiser through the Marketplace.
“Offer Terms” means the commercial and operational conditions specified by an Advertiser for an Offer, including eligible traffic sources, territories, conversion event, attribution method, validation period, Commission rate, restrictions and other campaign-specific requirements.
“Payment Service Provider” or “PSP” means Stripe and/or another duly authorised third-party payment services provider used for collecting, processing, allocating or paying Marketplace amounts.
“Traffic” means visits, clicks, impressions, leads, referrals, customers or other engagement directed or generated by an Affiliate in connection with an Offer.
“User” means an Advertiser or an Affiliate, as applicable.
References to “including” or “in particular” are illustrative and do not limit the preceding words. References to writing include notices delivered through the Application or by email. If a payment date falls on a Saturday, Sunday or public holiday in the Czech Republic, the due date moves to the next business day.
Eligibility, registration and verification
1. The Marketplace is intended exclusively for commercial and professional use. Each User represents that it acts in the course of business, has full legal capacity and authority to enter into these Terms, and that each individual operating its account is at least eighteen (18) years old and duly authorised.
2. Any person may apply to register as an Affiliate. Registration does not create a right to access or use the Marketplace. Access is subject to the Provider’s approval, which may be granted, refused, conditioned, suspended or withdrawn at the Provider’s sole discretion.
3. A User must provide complete, current and accurate information and promptly update it. The Provider and/or the PSP may require identity, business, beneficial ownership, tax, bank account, source-of-funds, sanctions-screening or other verification information and documents. A User must cooperate without undue delay. The Provider may restrict access to Offers, suspend Traffic, withhold payouts or close User’s account until verification is completed to its satisfaction and all PSP requirements are met.
4. The Provider may conduct checks concerning an Advertiser’s payment history and apparent solvency and an Affiliate’s identity, promotional methods and Traffic quality. Such checks are limited risk-management measures only. They are not a guarantee, warranty, credit assessment, endorsement or representation that any User is solvent, reliable, lawful or suitable, and no User may rely on them as such.
5. Each User is responsible for safeguarding credentials, enabling any required security measures and all activity conducted through its account. Suspected unauthorised access must be reported immediately to support@trackdesk.com.
Marketplace role and contractual relationships
1. The Provider supplies technology, tracking, verification, administration and settlement functionality. The Provider is an independent intermediary and is not the advertiser, publisher, seller, reseller, employer, employee, agent, partner or joint venturer of any User, except for the limited collection appointment expressly stated in Clause 8.2.
2. Each Campaign Contract is concluded directly between the relevant Advertiser and Affiliate. The Provider is not a party to a Campaign Contract, does not assume the Advertiser’s obligation to pay Commissions, does not guarantee any minimum Traffic or performance, and is not responsible for the acts, omissions, products, services, content, statements or legal compliance of either party of the Campaign Contract.
3. The Advertiser is solely responsible for the Offer, Offer Terms, advertised products or services, customer fulfilment, returns, refunds, regulatory disclosures and the validity and accuracy of Conversion data. The Affiliate is solely responsible for its Traffic, promotional channels, advertising disclosures, statements to end users, legal compliance and the quality and legitimacy of its promotional activity.
4. The Provider may facilitate communications or attempt to assist with a dispute but has no obligation to investigate, adjudicate or enforce a Campaign Contract. Any assistance does not make the Provider a party to the dispute or liable for its outcome.
Offers and changes to Offer Terms
1. An Advertiser must ensure that each Offer and its Offer Terms are accurate, complete, clear, lawful and not misleading. The Offer Terms must specify at least the qualifying Conversion, Commission, validation or locking period, permitted and prohibited Traffic sources, applicable territories, attribution rules and any material restrictions.
2. An Advertiser must notify the Provider through the Application or by email of any intended change, suspension, limitation, technical modification, Commission change, tracking change or other activity affecting an Offer at least twenty-four (24) hours before implementation. The Provider may require a longer notice period where reasonably necessary to inform Affiliates or protect Traffic already in progress.
3. No change may retroactively reduce or eliminate a Commission for Traffic generated before the effective time of the change, except where the relevant Conversion is invalid, fraudulent, duplicated, cancelled, refunded, charged back or otherwise disqualified under the Offer Terms that applied when the Traffic was generated.
4. The Provider may suspend, hide or remove an Offer where the Advertiser has not complied with the notice requirement, has insufficient funds, presents a legal or reputational risk, or where suspension is reasonably necessary to protect Users, end customers or the Marketplace.
5. The Marketplace may rank, recommend or feature Offers using factors such as relevance, category, territory, Commission, conversion rate, earnings per click, historical performance, Traffic quality, compliance record, funding status, responsiveness and commercial arrangements with the Provider. The relative importance of these factors may vary by User and over time. Paid or sponsored placement, if offered, will be identified as such where required by law.
Advertiser obligations
1. The Advertiser must: (a) have all rights, licences and approvals necessary for the Offer and advertised products or services; (b) comply with all applicable advertising, consumer protection, e-commerce, data protection, intellectual property, sanctions, export-control, sector-specific and other applicable laws; (c) provide accurate creatives, destination links and product information; (d) maintain functioning tracking and promptly report tracking issues; and (e) act in good faith in validating Conversions.
2. The Advertiser must not reject, reverse, reclassify, delay or suppress a legitimate Conversion in order to avoid paying a Commission, manipulate revenue or attribution data, or encourage conduct that would breach these Terms or applicable law.
3. The Advertiser must review Conversions within the validation period stated in the Offer Terms.
  A rejection or reversal must be supported by a legitimate reason and, on request, reasonable evidence. The Provider may disregard an unsupported rejection for Marketplace administration purposes, without assuming the Advertiser’s payment obligation.
4. The Advertiser must maintain sufficient funds and pay all Marketplace settlement statements when due. The Advertiser remains directly liable to the relevant Affiliate for all Commissions under the Campaign Contract, whether or not the Provider has invoiced, collected or remitted them.
5. The Advertiser must promptly notify the Provider of any actual or suspected fraud, regulatory issue, security incident, insolvency event, material deterioration in its ability to pay, or dispute that may affect an Offer or Marketplace payments.
Affiliate obligations and traffic standards
1. The Affiliate may promote an Offer only after it has been admitted to the Offer and only through Traffic sources permitted by the Offer Terms. The Affiliate must comply with the Offer Terms and all reasonable technical and compliance instructions communicated through the Application.
2. The Affiliate must ensure that all Traffic and promotional activity is genuine, lawful, transparent and generated through bona fide marketing. The Affiliate is responsible for all subcontractors, media buyers, sub-affiliates and other persons used by it as if their acts and omissions were its own.
3. Unless expressly permitted in the Offer Terms, the Affiliate must not engage in or use: bots, automated or non-human Traffic; forced clicks or redirects; adware, malware or browser injection; misleading, false or unauthorised claims; spam or unlawful electronic communications; fake leads, identities, accounts, orders or payment methods; self-referrals; incentive Traffic; unauthorised discount or voucher promotion; duplicate Conversions; traffic laundering; or any method designed to manipulate tracking, attribution or Commission.
4. The Affiliate must make all legally required advertising and affiliate relationship disclosures clearly and prominently, obtain all required consents for cookies, tracking and electronic marketing, and maintain a lawful privacy notice for its promotional channels.
5. The Affiliate must keep adequate records concerning Traffic sources and promotional activity for at least twenty-four (24) months and provide relevant records to the Provider or Advertiser on reasonable request for fraud, compliance or payment verification. Disclosure may be limited to information reasonably necessary and subject to appropriate confidentiality protections.
6. The Provider may monitor Traffic, require test data, reject or quarantine suspicious Conversions, suspend an Affiliate from an Offer, or terminate access where the Provider reasonably suspects fraud, low-quality Traffic, legal non-compliance or material breach. Such measures may be taken before the investigation is completed where reasonably necessary to prevent harm.
Conversion records, validation and disputes
1. The Application’s tracking records and status designations are the primary administrative record for Marketplace settlement, absent manifest error. They do not prevent an Advertiser or Affiliate from proving a different result under the relevant Campaign Contract.
2. A User must notify the Provider of a claimed tracking or settlement error without undue delay and no later than thirty (30) days after the relevant monthly statement becomes available. Failure to notify within that period may be treated as acceptance of the statement for administrative purposes, except in the case of fraud or an error that could not reasonably have been discovered earlier.
3. The Provider may correct duplicate, erroneous, fraudulent, refunded, cancelled or charged-back Conversions and may reverse corresponding amounts before or after payout. Where an amount has already been paid, the Affiliate must repay it on demand, and the Provider may offset it against any present or future balance.
4. The Provider may hold disputed amounts until the relevant Users resolve the dispute or provide sufficient information. No interest accrues on a held, reserved or deferred amount.
Collection and settlement structure
1. Marketplace payments are processed using the PSP. The PSP may impose separate terms, geographic limitations, reserves, payout schedules, verification requirements and transaction rules. Each User authorises the Provider to share necessary information with the PSP and to issue settlement instructions in accordance with these Terms.
2. For the sole purpose of collecting Commissions under Campaign Contracts, each Affiliate appoints the Provider as its limited commercial collection agent to arrange receipt of Advertiser payments through the PSP and to instruct remittance of funded amounts to the Affiliate. Payment by an Advertiser to the payment destination designated by the Provider or PSP discharges the Advertiser’s corresponding payment obligation to the Affiliate only to the extent that the payment is irrevocably received and allocated for settlement.
3. The Provider does not accept deposits, offer payment accounts or independently provide regulated payment services. The Provider does not hold itself out as a bank, payment institution or electronic money institution. Amounts are processed and paid through the PSP in accordance with the PSP’s rules and the actual technical payment flow.
4. The Provider never has an obligation to finance or advance a Commission from its own funds. An Affiliate is entitled to payout only from cleared funds actually received from the relevant Advertiser and available for that Affiliate after all applicable deductions and conditions have been satisfied.
Advertiser funding and payment deadline
1. The Advertiser must approve conversions to the preceding calendar month no later than the tenth (10th) day of the following calendar month.
2. The Advertiser must pay all amounts stated in the Marketplace settlement statement for Approved Conversions attributable to the preceding calendar month no later than the fifteenth (15th) day of the following calendar month. Conversions that become approved only after the relevant monthly cut-off are included in the next settlement cycle.
3. Payment must be made in the instructed currency and by the method designated by the Provider or PSP, without deduction, counterclaim or set-off, except for a mandatory tax withholding that the Advertiser is legally required to make. The Advertiser must provide evidence of any withholding and cooperate in obtaining any available exemption or reduction.
4. If the Advertiser fails to pay on time, the Provider may suspend the Advertiser, its Offers and approval of further Traffic, notify affected Affiliates, apply any available account funds or security, and take collection action. The Provider may also charge default interest and reasonable recovery costs to the extent permitted by applicable law.
5. The Provider’s screening or continued display of an Offer does not waive the Advertiser’s payment default or create a payment guarantee. The Affiliate retains its direct claim against the Advertiser under the Campaign Contract, subject to any payment already received through the Marketplace.
Affiliate payouts, threshold and fees
1. Subject to Clauses 8 to 12, the Provider will instruct the PSP to initiate payment of an Affiliate’s Available Balance by the twenty (20th) day of the calendar month, provided that: (a) the relevant Advertiser funds were received in cleared and irrevocable form by the applicable funding deadline; (b) the Affiliate has completed all verification and tax requirements; (c) no reserve, dispute, investigation, reversal or legal restriction applies; and (d) the payout threshold has been met.
2. If Advertiser funds are received after the funding deadline, or a PSP delay prevents timely processing, the payout may be initiated in the next regular payout cycle or within a reasonable period after the funds and payout route become available. The Provider is not liable for a delay caused by an Advertiser, PSP, bank, verification requirement, sanctions screening, technical incident or other circumstance outside the Provider’s reasonable control.
3. The minimum Available Balance for a regular Affiliate payout is USD 500, or its equivalent in the applicable payout currency as determined using the Provider’s or PSP’s then-current conversion methodology (the “Payout Threshold”). If the Available Balance is below the Payout Threshold, it automatically rolls forward to subsequent months until the Payout Threshold is reached or a final payout is made under Clause 15.
4. Each Affiliate payout is subject to the actual fees and charges imposed on the Provider or the Affiliate by the PSP, including connected-account, payout, bank-transfer and currency-conversion fees. The Provider may deduct these amounts from the Affiliate’s Available Balance.
5. The Affiliate is responsible for maintaining valid payout details. A rejected or returned payout may be retried and all resulting PSP, bank and administrative charges may be deducted from the Affiliate’s balance.
Reserves, reversals, refunds and negative balances
1. The Provider may establish a reasonable reserve or defer payout where there is an elevated risk of refunds, chargebacks, fraud, legal non-compliance, Advertiser non-payment, inaccurate data or other payment exposure. The amount and duration of a reserve will be proportionate to the reasonably anticipated risk, subject to information available to the Provider.
2. A Commission may be reversed or recovered if the underlying transaction is cancelled, refunded, charged back, fraudulent, duplicated, not completed, attributed incorrectly or otherwise invalid under the Offer Terms. A reversal may occur after payout where the relevant fact arose or was discovered later.
3. The Provider may set off any amount owed by a User to the Provider to the extent permitted by law.
4. If an Affiliate account has a negative balance, the Affiliate must pay the deficit within ten (10) days after notice. The Provider may suspend payouts and Marketplace access until the deficit is repaid and may offset the deficit against future Commissions.
Taxes, invoicing and reporting
1. Each User is solely responsible for determining, declaring and paying its own taxes and similar charges arising from Marketplace activity. The Provider does not provide tax advice.
2. Unless expressly stated otherwise, Commissions and other amounts are exclusive of value added tax and similar transaction taxes. Any tax amount is payable only where legally due and properly documented.
3. The Provider may collect and report identity, transaction, tax and payment information to tax authorities, the PSP or other competent persons where required by law or reasonably necessary for compliance. Each User must provide accurate tax forms and supporting information.
Data, confidentiality and intellectual property
1. The Provider processes personal data in accordance with its Privacy Policy. Each User is independently responsible for its own processing of personal data and must comply with applicable data protection and electronic communications laws.
2. An Advertiser grants the Provider a non-exclusive, worldwide, royalty-free licence for the duration of the relevant Offer to host, reproduce, display, distribute and technically adapt its trade names, trademarks, creatives, product information and other Offer content solely to operate and promote the Marketplace and the Offer.
3. An Affiliate may use Advertiser materials only for the relevant Offer, in accordance with the Offer Terms and brand guidelines, and must stop using them immediately when participation ends or the Advertiser or Provider so instructs.
4. Non-public commercial, technical, payment, performance and compliance information obtained through the Marketplace is confidential. A User may use it only for the relevant Marketplace relationship and may disclose it only to the extent required by law, or with the disclosing party’s consent.
5. Following termination, the Provider may retain account, traffic, contractual, payment and compliance data for the period required by applicable law, limitation periods, fraud prevention, dispute resolution and legitimate business recordkeeping. Access by the former User may be restricted or removed.
Suspension and restriction
1. The Provider may restrict or suspend an account, Offer, Conversion, payout or Marketplace functionality where reasonably necessary due to: breach or suspected breach; fraud or security risk; non-payment; incomplete verification; sanctions or legal restrictions; harmful or low-quality Traffic; infringement claims; a PSP requirement; protection of Users or end customers; or material risk to the Provider or Marketplace.
2. Where reasonably practicable and legally permitted, the Provider will state the principal reason for the restriction or suspension and allow the User a reasonable opportunity to respond. The Provider may act immediately without prior notice where delay would create legal, security, fraud, payment or material harm risk.
3. A suspension does not relieve an Advertiser of accrued payment obligations or an Affiliate of repayment, indemnity or compliance obligations. No Commission accrues for Traffic generated during a suspension unless expressly confirmed by the Provider and Advertiser.
Termination, inactivity and account closure
1. A User may cease Marketplace participation by giving notice through the Application or to support@trackdesk.com. Termination does not terminate any separate subscription under the General Terms unless the Advertiser also terminates it in accordance with the General Terms.
2. The Provider may terminate Marketplace access immediately for a material breach, fraud, illegal activity, sanctions risk, serious security risk, repeated low-quality Traffic, non-payment, false verification information, PSP requirement or conduct likely to cause material harm. In other cases, the Provider will ordinarily give at least five (5) days’ notice.
3. If an Affiliate sends no Traffic to any Offer for ninety (90) consecutive days and its Available Balance is below the Payout Threshold, the Provider may classify the account as dormant and send an inactivity notice. If the Affiliate does not resume genuine Traffic or request account closure within thirty (30) days after that notice, the Provider may terminate and close the account.
4. On closure of a dormant Affiliate account, the Provider may deduct a one-off dormant account administration fee of USD 100 (or equivalent), but not more than the remaining Available Balance. The Provider will then use reasonable efforts to make a final payout of any remaining funded and undisputed balance notwithstanding the Payout Threshold, subject to verification, valid payout details and applicable PSP fees. No fee will cause the account balance to become negative.
5. Termination does not affect accrued rights, Approved Conversions, payment and repayment obligations, confidentiality, data retention, indemnities, liability limitations, governing law or dispute resolution. The Provider may withhold a reasonable reserve after termination for anticipated reversals, refunds, chargebacks or disputes.
Warranties, disclaimers and liability
1. The Marketplace is provided on an “as is” and “as available” basis. The Provider does not warrant uninterrupted availability, any particular ranking or visibility, minimum Traffic, minimum Conversions, payment by an Advertiser, suitability of an Affiliate, legality or quality of an Offer, or any commercial result.
2. To the maximum extent permitted by law, the Provider is not liable for: (a) a User’s acts, omissions, products, services, content or Campaign Contract; (b) Advertiser non-payment or insolvency; (c) fraudulent or low-quality Traffic; (d) rejected, reversed, refunded or charged-back Conversions; (e) PSP or banking delays, outages or fees; or (f) indirect, consequential, special or punitive loss, loss of profit, revenue, goodwill, opportunity, anticipated savings or data.
3. The Provider’s aggregate liability arising out of or in connection with the Marketplace in any twelve-month period is limited to the total Marketplace service fees actually paid to and retained by the Provider by the claimant during that period or USD 100, whichever is greater. This limitation does not apply to liability that cannot lawfully be limited or excluded.
4. Nothing in these Terms limits liability for wilful misconduct, gross negligence to the extent it cannot be limited under applicable law, fraud, death or personal injury caused by negligence, or any other liability that applicable law prohibits from being limited.
Indemnification
1. Each User will indemnify and hold harmless the Provider, its affiliates and their officers, employees and contractors against third-party claims, regulatory proceedings, losses, damages, penalties and reasonable costs arising from that User’s: breach of these Terms or a Campaign Contract; Offer, Traffic, content, products or services; infringement of intellectual property or privacy rights; violation of law; tax obligations; fraud; or acts and omissions of its personnel, subcontractors or sub-affiliates.
Changes to these Terms
1. The Provider may amend these Terms by giving Users at least fifteen (15) days’ notice through the Application or by email. A longer notice period will be used where reasonably necessary for technical or commercial adaptation. Continued use after the effective date constitutes acceptance.
2. The Provider may make an amendment effective immediately where required by law, a regulator or the PSP, or where necessary to address an unforeseen and imminent fraud, cybersecurity, sanctions or material operational risk. Amendments will not retroactively deprive a User of an accrued and funded payment right, except where necessary to correct fraud, error, illegality or a reversal permitted by the applicable Offer Terms.
3. A User that does not accept an amendment must cease using the Marketplace before it takes effect and may terminate Marketplace participation under Clause 15.
Notices
1. The Provider may give notices through the Application, to the email address registered for the User’s account, or by publication within the Marketplace. A User is responsible for keeping its contact details current and monitoring account notifications.
2. Notices to the Provider must be sent through the Application or to support@trackdesk.com, unless the Provider designates a different address for a particular matter.
3. An electronic notice is deemed received when made available in the Application or, if sent by email, on the next business day after sending, unless the sender receives a delivery failure message.
Final provisions
1. These Terms, the applicable Offer Terms, the General Terms where applicable, and any expressly incorporated documents constitute the entire agreement concerning Marketplace participation, without prejudice to a separate Campaign Contract between an Advertiser and Affiliate.
2. A User may not assign or transfer its rights or obligations without the Provider’s prior written consent. The Provider may assign its rights and obligations from these Terms without any restrictions.
3. If any provision of these Terms is invalid or unenforceable, it does not affect the validity or enforceability of other provisions.
4. These Terms and all non-contractual obligations arising from or connected with them are governed by Czech law.
5. Any dispute arising from or in connection with the Marketplace or these Terms will be subject to the exclusive jurisdiction of the District Court for Prague 3 where a district court has subject-matter jurisdiction at first instance, or the Municipal Court in Prague where a regional court has subject-matter jurisdiction at first instance.