1. Acceptance of Terms
These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "Affiliate," or "Brand") and Fehu Marketing Limited ("Company," "we," "us"), a company registered in Hong Kong, operating the MassPartner affiliate management platform at masspartner.com ("Platform").
By accessing or using the Platform — including registering an account, clicking an affiliate link, or publishing a campaign — you agree to be bound by these Terms and our Privacy Policy. If you do not agree, do not access or use the Platform.
2. Eligibility
To use the MassPartner Platform, you must:
- Be at least 18 years of age.
- Have the legal capacity to enter into binding contracts under the laws of your jurisdiction.
- Not be barred from receiving services under applicable law.
- Provide accurate, truthful, and complete information during registration and keep it updated.
Brands must additionally be duly incorporated or registered businesses with authority to enter into commercial agreements. We reserve the right to verify eligibility at any time and to reject or suspend accounts that do not meet these criteria.
3. Account Registration & Security
You must register for an account to access the Platform's features. You agree to:
- Provide accurate and complete registration information, including a valid email address.
- Verify your email address within the timeframe specified during registration.
- Keep your login credentials confidential and not share them with any third party.
- Notify us immediately of any unauthorised access or suspected breach at [email protected].
- Accept responsibility for all activities that occur under your account.
We reserve the right to disable any account at our sole discretion if we reasonably believe your account credentials have been compromised or if you have violated these Terms.
One individual or entity may not hold multiple accounts without explicit written permission from MassPartner. Creating duplicate accounts to circumvent bans or restrictions is strictly prohibited and will result in permanent termination of all associated accounts.
4. Affiliate Program Rules
Affiliates must comply with the following rules when promoting brands on the Platform:
4.1 Permitted Promotion Methods
- Your own website, blog, or content platform.
- Owned social media accounts with genuine, organic audiences.
- Email marketing to opted-in subscribers where you have proper consent under applicable law.
- Paid advertising (where explicitly permitted by the brand's campaign settings).
- YouTube, podcasts, and other content channels you own.
4.2 Prohibited Promotion Methods
- Spam: Sending unsolicited emails, messages, or communications.
- Brand Impersonation: Creating websites, ads, or profiles that imply you are the brand itself.
- Misleading Advertising: Making false or exaggerated claims about a brand's products or services.
- Trademark Bidding: Bidding on a brand's trademark keywords in paid search without explicit permission.
- Cookie Stuffing: Using any technique to place tracking cookies in a user's browser without genuine interaction (e.g., hidden iframes, forced redirects). This constitutes affiliate fraud and will result in immediate account termination and forfeiture of all commissions.
- Click Fraud: Generating artificial clicks, impressions, or conversions through bots, scripts, VPNs, incentivised traffic, or any automated method.
- Incentivised Traffic: Paying users cash or rewards to click your affiliate links or complete offers, unless the brand has explicitly approved a cashback/rewards model.
- Unauthorised Paid Ads: Running paid advertising campaigns for brands that have disabled this in their campaign settings.
- Content Farms: Operating low-quality, auto-generated, or scraped-content websites solely for the purpose of generating affiliate traffic.
4.3 Disclosure Requirements
You must clearly disclose your affiliate relationship to end users in compliance with applicable consumer protection laws, including FTC guidelines (US), ASA/CAP codes (UK), and equivalent regulations in your jurisdiction. Disclosure must be clear, conspicuous, and proximate to affiliate links.
5. Brand Advertiser Terms
Brands using MassPartner to manage affiliate programmes agree to:
- Provide accurate campaign information, including commission rates, cookie durations, and any traffic restrictions.
- Pay all commissions validly generated by approved affiliates in accordance with campaign terms and these Terms.
- Process commission approvals and rejections within the timeframe specified in their campaign settings.
- Not retroactively reduce commission rates for previously generated referrals without notice and platform approval.
- Ensure their products, services, and marketing claims comply with all applicable laws, including advertising standards and consumer protection regulations.
- Not contact affiliates directly to circumvent the Platform for the purpose of managing affiliate relationships outside MassPartner during the Term and for 12 months thereafter.
- Pay platform fees as agreed in their subscription plan. Unpaid fees may result in campaign suspension.
MassPartner reserves the right to reject or remove any brand, campaign, or creative that violates these Terms, applicable law, or our content policies.
6. Commissions & Payments
6.1 Commission Tracking
Commissions are tracked using affiliate cookies and/or server-side tracking as configured by the brand. The last-click attribution model applies by default unless a brand has configured an alternative model.
6.2 Payment Schedule
Approved commissions are paid on a weekly basis, subject to reaching the minimum payout threshold specified in your account settings. We reserve the right to adjust payment schedules with 14 days' notice.
6.3 Commission Reversals
Commissions may be reversed or withheld in the following circumstances:
- The underlying sale is returned, cancelled, or charged back by the customer.
- The conversion is identified as fraudulent, generated through prohibited methods, or in breach of these Terms.
- The brand disputes the validity of the conversion within the applicable review window.
6.4 Taxes
You are solely responsible for all taxes, duties, and levies arising from payments received through MassPartner. We may request tax documentation (e.g., W-8BEN, W-9) as required by applicable law. We reserve the right to withhold taxes where legally required.
6.5 Fraud Forfeiture
In cases of confirmed affiliate fraud, all pending and unpaid commissions will be forfeited, and the account will be permanently terminated. We may also pursue legal action to recover damages caused by fraudulent activity.
7. Intellectual Property
All content on the MassPartner Platform — including software, design, trademarks, logos, text, graphics, and data — is the exclusive property of Fehu Marketing Limited or its licensors and is protected by applicable intellectual property laws.
We grant you a limited, non-exclusive, non-transferable, revocable licence to access and use the Platform solely for its intended purposes. You may not:
- Copy, modify, reverse engineer, decompile, or disassemble any part of the Platform.
- Use MassPartner's name, logo, or trademarks without prior written consent.
- Scrape, crawl, or extract data from the Platform through automated means.
- Create derivative works based on the Platform.
Creative assets (banners, copy) provided by brands remain the property of the respective brand and may only be used for approved affiliate promotion purposes.
8. Prohibited Conduct
In addition to the affiliate-specific prohibitions in Section 4, all users are prohibited from:
- Violating any applicable law, regulation, or third-party right.
- Uploading or transmitting malicious code, viruses, or harmful content.
- Attempting to gain unauthorised access to any part of the Platform or its infrastructure.
- Interfering with the Platform's proper operation or security measures.
- Engaging in any form of market manipulation or deceptive practices.
- Harassing, threatening, or abusing Platform staff or other users.
- Creating accounts on behalf of others without authorisation.
- Reselling or sublicensing access to the Platform without authorisation.
9. Disclaimers
The Platform is provided on an "AS IS" and "AS AVAILABLE" basis without warranties of any kind, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
We do not guarantee that:
- The Platform will be uninterrupted, error-free, or available at any particular time.
- Any particular level of affiliate earnings will be achieved.
- Brands will approve your affiliate applications or maintain their campaigns.
- Conversion tracking will be 100% accurate in all circumstances.
Earnings Disclaimer: Past performance of affiliates on the Platform is not indicative of future results. Affiliate earnings depend on numerous factors including effort, niche, audience size, and market conditions.
10. Limitation of Liability
To the fullest extent permitted by applicable law, Fehu Marketing Limited and its directors, officers, employees, agents, and licensors shall not be liable for:
- Any indirect, incidental, consequential, special, exemplary, or punitive damages.
- Loss of profits, revenue, data, goodwill, or business opportunities.
- Damages arising from reliance on Platform data, commission calculations, or affiliate tracking.
- Acts or omissions of third-party brands, affiliates, or service providers.
In no event shall our total liability to you for all claims arising out of or relating to these Terms or the Platform exceed the greater of: (a) the total commissions paid to you or by you in the 3 months preceding the claim, or (b) HKD 1,000.
Some jurisdictions do not allow exclusion of certain warranties or limitation of liability, so some of the above limitations may not apply to you.
11. Indemnification
You agree to indemnify, defend, and hold harmless Fehu Marketing Limited and its directors, officers, employees, agents, and licensors from and against any claims, liabilities, damages, losses, and expenses (including legal fees) arising from:
- Your use of the Platform in violation of these Terms.
- Your violation of any applicable law or third-party right.
- Your promotional activities, content, or marketing claims.
- Any fraudulent activity conducted through your account.
- Any dispute between you and a brand, affiliate, or end user.
12. Termination & Account Suspension
We reserve the right to suspend or terminate your account, with or without notice, if we reasonably believe you have:
- Violated any provision of these Terms.
- Engaged in affiliate fraud or other prohibited conduct.
- Provided false information during registration.
- Failed to pay amounts owed to us or to brands.
- Engaged in conduct harmful to MassPartner, its users, or third parties.
Upon termination, your right to access the Platform immediately ceases. Pending commissions may be forfeited in cases of termination for cause. Legitimate commissions earned prior to termination for non-cause will be paid according to the normal schedule.
You may terminate your account at any time by contacting [email protected]. Account deletion requests are processed within 30 days.
13. Dispute Resolution
In the event of a dispute between you and MassPartner, we encourage you to first contact us at [email protected] to seek an informal resolution. Most disputes can be resolved amicably within 30 days.
If informal resolution fails, disputes shall be finally resolved by arbitration administered under the Hong Kong International Arbitration Centre (HKIAC) rules, with a single arbitrator, conducted in English, in Hong Kong. The arbitrator's decision shall be final and binding.
Notwithstanding the above, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent ongoing harm or infringement of intellectual property rights.
Class action waivers: You agree that any dispute resolution proceeding will be conducted on an individual basis only, and not in a class, consolidated, or representative action.
14. Governing Law
These Terms and any dispute arising from them shall be governed by and construed in accordance with the laws of the Hong Kong Special Administrative Region, without regard to its conflict of law provisions.
Subject to the arbitration clause in Section 13, you consent to the exclusive jurisdiction of the courts of Hong Kong for any matters not subject to arbitration.
15. Changes to Terms
We may modify these Terms at any time. When we make material changes, we will notify you by:
- Sending an email to your registered email address.
- Displaying a prominent notice on the Platform upon your next login.
- Updating the "Last updated" date at the top of this page.
Material changes take effect 14 days after notice. Continued use of the Platform after the effective date constitutes acceptance of the revised Terms. If you do not agree to the revised Terms, you must stop using the Platform and close your account.
16. Contact Information
For questions about these Terms:
Fehu Marketing Limited
31/F., Chinachem Century Tower
178 Gloucester Road, Wanchai
Hong Kong 999077
Email: [email protected]
Support: Contact Form