These terms are the agreement between you and us about your use of Famoka as a creator. Please read them. By creating a creator account you accept them, together with our Disclosure policy and our Privacy policy.
1. Who we are
Famoka (famoka.com) is run by Douglas Anthony Silkstone, company number (IČO) 10911243, with registered office at Nademlejnská 600/1, Hloubětín, 198 00 Prague 9, Czechia. In these terms, "we", "us" and "our" mean Douglas Anthony Silkstone.
You can reach us at [email protected].
2. Your account
- You must be 18 or over to have a creator account. We can't pay anyone younger, and our payment provider requires it.
- You can have one creator account. It is yours alone: don't share it or let anyone else sign in as you.
- Signing in is by an emailed code or link, or by Google. Keep your email account secure. You can turn on two-factor authentication in your account settings.
- What you tell us must be true and kept up to date: your country of residence, your handle, and the social accounts and websites you list. The platforms and handles you list are what you say about yourself; we show them as yours, not as something we have checked.
- Your handle is public. Handles can't impersonate another person or brand, use a reserved word, or mislead people about who you are.
3. Where we can pay you
- We pay creators through Stripe Connect. To finish creating a creator account you must live in a country where we can pay you. Today that is 34 countries: the countries of the European Economic Area, the United Kingdom, Switzerland, the United States and Canada.
- If you live somewhere else, you can leave your email address and we will tell you when your country opens. We use it for that message and nothing else.
- To receive money you must also set up a Stripe account with Stripe's own checks, which may include proving your identity, giving bank details and completing tax forms. Stripe's terms apply to that account. We can't pay you until Stripe has accepted it.
- If you move to another country, update your account. We may stop paying you until the new country is checked.
4. Brands and programmes
- You join brands, not individual programmes. Each brand sets its own rules: what you earn, which countries it accepts, how long its tracking lasts, and which kinds of promotion are allowed (for example social media, PPC advertising, cashback or sub-networks).
- Some brands run programmes with us directly; others are run by an advertising network that we are a publisher on. Either way you see one brand with one set of rules, and you must follow them. If a rule says a kind of traffic isn't allowed, you can't use it for that brand.
- A brand can refuse an application, pause a programme, or end it. A cut to a brand's rates, tracking window, countries or groups reaches people who have already joined 30 days after the change; an increase applies at once.
- Joining a brand doesn't make you its employee, agent or partner. You are an independent business or person promoting products.
5. Links, codes and tracking
- We give you tracked links and codes. They record visits and sales so that earnings can be credited to you. A creator's discount code beats a click; otherwise the last click within the brand's tracking window wins.
- A sale is credited to you only when it is tracked to your link or code. We can't credit sales that weren't tracked, for example because a shopper blocked tracking.
- Don't buy through your own links, or through links of people you control. Don't use click farms, cookie stuffing, automated clicks, or paid ads on a brand's name unless that brand's rules allow it. These are the things our Acceptable use policy calls fraud.
6. Disclosure
You must tell people clearly when a post, link or page promotes something you earn from. Our Disclosure policy sets out how. Everything we generate for you to share carries an ad label at the start, and you must keep it. You accept the Disclosure policy when you create your account, and again whenever we publish a new version.
7. What you earn
- On brands that work with us directly, you earn the reward the brand sets for the sale or lead, in full.
- On brands that we work with through a network, you earn 75% of the commission the network pays us. We keep the rest. That split is stated here and isn't shown on brand pages.
- The share that applies to a click is fixed when the click happens. Later changes to your share don't change earnings from earlier clicks. We may change the default share. If we reduce it, we will tell you at least 30 days before it takes effect, and it applies only to clicks made afterwards.
- Amounts are worked out in whole minor units of the currency (cents, pence) and rounded down, so we never pay out more than we receive.
- We show you your own rate on a brand's page, rounded down. We don't promise or estimate what you will earn. Earnings depend on your audience and on brands and shoppers we don't control.
8. When you get paid
- A sale first shows as pending. It becomes an earning when the brand, or the network, approves it. A sale that is declined, cancelled or reversed before it is approved doesn't become an earning.
- After approval there is a hold of 14 days (a brand's own programme may set a different hold, which we show you). After the hold, the money becomes available once the brand, or the network, has paid us. We don't pay creators from our own money before we have been paid, and we don't cover a brand that doesn't pay.
- If a brand's payment to us fails, its programme can be paused after a short grace period. You keep what you have already earned and are paid when the brand pays.
- We pay out 2 times a month to every creator whose available balance is at least 20 in their payout currency. A smaller balance carries over to the next run.
- We don't charge you fees: no sign-up fee, no payout fee and no fee for an account you don't use. Your bank or Stripe may charge you for things we don't control, such as converting a currency.
- You are responsible for your own taxes. Stripe may collect tax forms from you, and we may be required to report information about your earnings to tax authorities.
9. When money can be withheld
- Money you have earned is never taken away because you close your account, don't use it, or because it is in a hold or approval period.
- We can withhold money only for confirmed fraud or a breach of these terms. A person on our team decides, not an automatic system. We tell you the reason in plain words and with a reason code, and you can appeal by writing to [email protected]. We answer appeals and, if we were wrong, release the money.
- If a brand refunds a sale after the brand has approved it, that doesn't take money back from you.
10. Paid briefs
These rules apply to paid briefs when they are available, in addition to the terms of each brief.
- A brief states the work, the pay, the deadline and the requirements. Pay is a flat fee per piece of work, a fee per 1,000 verified views, or a retainer.
- Approved work is held 7 days before it becomes payable.
- A brand can reject work only by pointing to a written requirement in the brief. Revisions are capped. If work is rejected after the allowed revisions, you receive 50% of the fee.
- If a brand doesn't respond within 5 business days of you submitting work, the work counts as approved.
- You keep ownership of your content. A brand gets a written licence for each piece of work, saying which channels, for how long, where, what edits and what credit.
11. Your content and your information
- You keep ownership of what you make. You give us a licence to display it, your handle and your public profile in Famoka so the service works. The licence ends when you remove the content or close your account, except where a brand has a licence under section 10.
- Don't put anything in your profile that you don't have the right to use. We never ask for details such as ethnicity, religion, health or sexuality, and you shouldn't add them.
- Brands see only your public profile unless you choose to share more. Your profile starts unlisted, and publishing it is your choice. How we use personal data is in our Privacy policy.
- Organic ranking in Famoka never uses our share of a commission or whether a brand pays for a placement. Anything a brand pays to place higher is labelled "Sponsored".
12. Closing your account and suspension
- You can close your account at any time from your account settings. Your personal data is erased 30 days later. If you have pending earnings or an unpaid balance, we can't erase the account until it is settled, and we tell you so.
- We can suspend or close an account that breaks these terms, our Acceptable use policy or the Disclosure policy, or that we reasonably think is being used for fraud. We tell you why, except where the law stops us. Section 9 still applies to your earnings.
13. Changes to these terms
When we make a change that matters we publish a new version with its date, keep the old one available, and ask you to accept the new version before you create links or take other actions that depend on the terms. Changes to the Privacy policy are announced to you, not gated.
14. Liability and the law
- We provide Famoka with reasonable care. We don't promise that it will always be available or error-free, or that any brand will accept you or any sale will be approved.
- Nothing in these terms limits liability that can't be limited by law, or rights you have by law that can't be waived.
- These terms are governed by the law of Czechia. Where you are a consumer, you also keep the protection of mandatory consumer law in the country where you live. Disputes go to the courts of Czechia, unless the law of your country gives you the right to go to your local courts.
15. Contact
Questions about these terms, appeals and anything else: [email protected].