Affiliate Program Terms

Preamble

Introduction

A) BlueSky eSIM provides a service (the “Service”) that sells electronic SIM cards (eSIMs) for mobile internet access in more than 200 countries worldwide. The Service is available through the website blueskyesim.com and its related mobile apps (the “BlueSky eSIM Platform”).

B) The Affiliate (i) owns or runs one or more websites, social media channels, apps, blogs or other digital platforms (the “Affiliate Platform”), or (ii) is a content creator who engages their audience through social channels (the “Audience”).

C) The parties wish to work together through the Affiliate Program, under which the Affiliate promotes the Service and directs potential customers to the BlueSky eSIM Platform on the terms set out below.

Article 1

Definitions

1.1. The capitalised terms below have the following meanings:

Affiliate Code A unique 8-character alphanumeric code assigned to the Affiliate, used to identify and track traffic that the Affiliate sends to the BlueSky eSIM Platform (e.g. ?ref=ABCD1234).

Referred Customer A person who arrives at the BlueSky eSIM Platform through the Affiliate’s Affiliate Link and is identified by the tracking cookie while it is valid (30 days).

Promo Code An optional discount code that BlueSky eSIM may assign to the Affiliate, giving Referred Customers a discount at checkout.

Affiliate Link A unique link containing the Affiliate Code, generated by the Affiliate in the Affiliate Dashboard, which sends users to the BlueSky eSIM Platform.

Affiliate Dashboard The dedicated logged-in area where the Affiliate manages their Affiliate Links and reviews stats, commission history and payouts.

Affiliate Commission The fee owed to the Affiliate for Completed Orders placed by Referred Customers, calculated as set out in Article 5.

Completed Order An order placed by a Referred Customer that has been confirmed and fulfilled (eSIM delivered and active).

Hold Period A period of 14 calendar days from the date an Affiliate Commission is credited, during which the commission is held and not available for payout.

Brand Assets The trademarks, logos, trade names, colour schemes and other distinctive visual identifiers of each party.

Affiliate Content Any material the Affiliate creates in connection with promoting BlueSky eSIM, including articles, reviews, videos, photos, social media posts and other content.

Personal Data Personal data as defined by applicable data protection law, including the EU GDPR (Regulation 2016/679) and the Personal Data (Privacy) Ordinance (Cap. 486) of Hong Kong.

Article 2

BlueSky eSIM’s obligations

2.1. BlueSky eSIM will give the Affiliate access to the Affiliate Dashboard once their application has been approved.

2.2. BlueSky eSIM will calculate and pay out the Affiliate Commission under the rules set out in Article 5.

2.3. BlueSky eSIM will keep the click and conversion tracking system running properly. If the tracking system has a technical outage lasting more than 24 hours, BlueSky eSIM will do its best to identify and make good any lost conversions based on the data available.

2.4. All customer service matters relating to the Service (order fulfilment, eSIM activation, refunds) are handled by BlueSky eSIM. The Affiliate is not authorised to make promises or commitments to Referred Customers on behalf of BlueSky eSIM.

Article 3

Affiliate’s obligations

3.1. General

3.1.1. The Affiliate is an independent contractor and is solely responsible for their own tax obligations, including income tax, VAT and social security contributions on the commissions they earn.

3.1.2. The Affiliate agrees to provide BlueSky eSIM with complete and accurate information about their identity, including contact details, bank details and tax information (the “Affiliate Details”). The Affiliate agrees to keep their Affiliate Details up to date in the Affiliate Dashboard. The Affiliate is liable for any financial losses caused by inaccurate or incomplete information — in particular, payments sent to the wrong bank account.

3.1.3. The Affiliate agrees to keep their Affiliate Dashboard login details private and secure. Login details must not be shared with anyone else. The Affiliate is responsible for everything done through their account and agrees to notify BlueSky eSIM straight away if they suspect unauthorised access.

3.1.4. The Affiliate must not use the BlueSky eSIM Platform to make purchases for resale, nor to programmatically collect, copy or extract information from the Platform (scraping, data mining).

3.2. No brand bidding

3.2.1. The Affiliate must not use the names “BlueSky eSIM”, “BlueSkyEsim”, “Blue Sky eSIM” or any variations, misspellings or combinations of these names as keywords in paid advertising — including Google Ads, Bing Ads, Facebook Ads and any other ad platforms (PPC, SEM).

3.2.2. This ban covers in particular:

(a)Using BlueSky eSIM Brand Assets as keywords (e.g. “BlueSky eSIM cheap”, “blueskyesim discount code”);
(b)Using misspellings or variations (e.g. “blue sky esim”, “bluesky e-sim”);
(c)Combining Brand Assets with generic terms related to the Service (e.g. “BlueSky eSIM review”).

3.3. Prohibited traffic sources

3.3.1. The Affiliate agrees not to drive traffic to the BlueSky eSIM Platform through any of the following:

(a)Spam — bulk, unsolicited emails, SMS, social media messages or direct messages on messaging apps;
(b)Cookie stuffing — dropping tracking cookies without the user’s knowledge or a genuine interaction;
(c)Pop-ups and toolbars — generating clicks through forced redirects, pop-ups, pop-unders or browser toolbars;
(d)Incentivised traffic — paying users or offering rewards for clicking an Affiliate Link or making a purchase;
(e)Fake coupons and codes — posting non-existent, expired or unauthorised discount codes on coupon sites or anywhere else (see section 3.4);
(f)Malware, adware and injections — any software that changes the user experience or inserts Affiliate Links without the user knowing;
(g)Misleading ads — content that falsely suggests an official connection with BlueSky eSIM, impersonates BlueSky eSIM or makes promises that cannot be kept.

3.4. Promo Codes

3.4.1. BlueSky eSIM may, at its discretion, assign the Affiliate a Promo Code that gives Referred Customers a discount. Promo Code assignment is not guaranteed and can be revoked at any time.

3.4.2. If the Affiliate is given a Promo Code, they agree to:

(a)Only publish codes currently assigned to them by BlueSky eSIM and in line with the current promotion terms;
(b)Not publish the Promo Code on coupon and discount aggregator sites (such as Groupon, RetailMeNot, Honey, Pepper and similar) without BlueSky eSIM’s prior written consent;
(c)Not create, fabricate or circulate fake, non-existent or expired BlueSky eSIM discount codes;
(d)Stop using a Promo Code immediately once BlueSky eSIM deactivates or revokes it.

3.4.3. Breaking the Promo Code rules is a material breach of these Terms and can lead to immediate termination.

3.5. Affiliate content and platform

3.5.1. The Affiliate represents and warrants that the Affiliate Platform complies with applicable law and does not contain illegal, offensive, pornographic, racist, defamatory or third-party-rights-infringing content.

3.5.2. The Affiliate must not publish anything on the Affiliate Platform that suggests the Affiliate Platform is part of BlueSky eSIM, officially endorsed by BlueSky eSIM or an official BlueSky eSIM site.

Article 4

Licences

4.1. Licence for Brand Assets

4.1.1. Each party grants the other, for the duration of these Terms, a royalty-free, non-exclusive, non-transferable and revocable licence to display the other party’s Brand Assets solely in connection with running the Affiliate Program.

4.1.2. Neither party may:

(a)Display the other party’s Brand Assets in a way that suggests a connection, sponsorship or endorsement beyond what these Terms allow;
(b)Use the other party’s Brand Assets as the primary or dominant logo on any page;
(c)Modify, distort or alter the other party’s Brand Assets.

4.2. Licence for Affiliate Content

4.2.1. The Affiliate grants BlueSky eSIM a royalty-free, non-exclusive licence to:

(a)Share and repost the Affiliate Content on BlueSky eSIM’s social channels and website;
(b)Edit the Affiliate Content as needed to fit the format (cropping, resizing, translating, adding subtitles);
(c)Use excerpts of the Affiliate Content in BlueSky eSIM’s promotional materials.

4.2.2. The licence in section 4.2.1 runs for as long as the parties are working together and for a further 12 months after they stop, after which it expires unless the parties agree otherwise.

4.2.3. The Affiliate keeps full ownership of the Affiliate Content. This licence does not restrict the Affiliate from using their own content in any way they choose.

Article 5

Commission and payouts

5.1. Commission rate

                Commission rate
                For every Completed Order placed by a Referred Customer, BlueSky eSIM will credit the Affiliate an Affiliate Commission of 20% of the order value (the amount paid by the customer, in USD).
            

5.1.2. BlueSky eSIM reserves the right to change the commission rate. The Affiliate will get at least 7 days’ notice before any change takes effect. Rate changes do not apply to Affiliate Commissions that were already credited before the change.

5.2. Attribution and tracking

5.2.1. Attribution of Referred Customers uses a “last-touch” model with a 30-day tracking window:

(a)When a user clicks an Affiliate Link, a tracking cookie is set for 30 days;
(b)Any purchase made within 30 days of that click is attributed to the Affiliate;
(c)If the user clicks another affiliate’s link, the earlier attribution is overwritten (last-touch model).

5.2.2. BlueSky eSIM’s systems, books and records are conclusive evidence of the amount of Affiliate Commission owed.

5.3. Hold Period

5.3.1. Every Affiliate Commission credited is subject to a 14-day Hold Period from the date it is credited. During this time the commission shows up in the Affiliate Dashboard with the status “On Hold” and is not available for payout.

5.3.2. Once the Hold Period is over, the commission moves to “Available” and is included in the next payout.

5.4. Refunds and commission cancellations

5.4.1. If a Referred Customer gets a refund on an order during the Hold Period (14 days from when the commission was credited), the matching Affiliate Commission is cancelled.

5.4.2. If the refund happens after the Hold Period ends, the commission already credited is not cancelled.

5.5. Payout terms

5.5.1. Payouts are made once a month by bank transfer to the account the Affiliate has provided in the Affiliate Dashboard.

5.5.2. The minimum payout is USD 100.00. If the available commission balance is below USD 100.00, the payout rolls over to the month when the balance reaches the threshold, or until the agreement ends.

5.5.3. BlueSky eSIM covers the transfer fees on its side. The Affiliate is responsible for any fees their own bank charges to receive international transfers, plus any intermediary bank fees.

5.5.4. The Affiliate must enter correct bank details (IBAN, SWIFT/BIC) in the Affiliate Dashboard. Bank details are subject to approval by BlueSky eSIM. BlueSky eSIM is not responsible for delays caused by incorrect bank details.

5.6. Currency

5.6.1. All commissions, balances and payouts are denominated and paid in US dollars (USD).

Article 6

Intellectual property

6.1. All intellectual property rights in the BlueSky eSIM Platform, its content, software, trademarks and Brand Assets are owned exclusively by MJW Limited. These Terms do not transfer any intellectual property rights to the Affiliate beyond the licences expressly granted in Article 4.

6.2. All intellectual property rights in the Affiliate Platform and the Affiliate’s Brand Assets are owned exclusively by the Affiliate. These Terms do not transfer any intellectual property rights to BlueSky eSIM beyond the licences expressly granted in Article 4.

6.3. The Affiliate must not register or attempt to register any trademarks, domain names, social media handles or other identifiers that are identical or confusingly similar to the BlueSky eSIM Brand Assets.

Article 7

Confidentiality and personal data

7.1. Confidentiality

7.1.1. Each party agrees to keep confidential any sensitive information it receives from the other party through this collaboration, including information about technical systems, financial data (other than the publicly available commission rate), business strategy and customer data.

7.1.2. The confidentiality obligation does not cover information that:

(a)is publicly available through no fault of the receiving party;
(b)was already known to the receiving party before disclosure;
(c)was independently developed by the receiving party;
(d)must be disclosed under applicable law or a binding court order.

7.2. Personal data

7.2.1. To the extent that Personal Data is processed as part of this collaboration, each party acts as an independent data controller and agrees to process Personal Data in line with applicable data protection law, including the GDPR (for EU residents) and the Hong Kong Personal Data (Privacy) Ordinance.

7.2.2. The Affiliate agrees not to share, sell or pass on customer data acquired through the Affiliate Program to any third party.

Article 8

Term and termination

8.1. These Terms take effect when the Affiliate’s application is approved in the Affiliate Dashboard and continue indefinitely.

8.2. Either party can terminate the agreement on 7 days’ written notice to the other party (email is fine).

8.3. BlueSky eSIM can terminate the agreement immediately, with no notice, if:

(a)The Affiliate materially breaches these Terms, in particular sections 3.1, 3.2, 3.3 or 3.4;
(b)The Affiliate engages in fraudulent, dishonest or unlawful behaviour;
(c)The Affiliate provides false information when signing up or during the collaboration;
(d)The Affiliate’s actions could expose BlueSky eSIM to reputational or legal harm.

8.4. If the Affiliate generates no sales for 12 consecutive months, BlueSky eSIM reserves the right to deactivate the Affiliate’s account after giving prior notice.

8.5. Once the agreement ends:

(a)The Affiliate must promptly remove all Affiliate Links, BlueSky eSIM Brand Assets and any materials received from BlueSky eSIM from their Platform;
(b)BlueSky eSIM will pay out any commissions with the status “Available”, subject to the minimum payout threshold. When the agreement is terminated, the USD 100 threshold does not apply — BlueSky eSIM will pay out the full available balance;
(c)Commissions with the status “On Hold” at the point of termination will be settled after the Hold Period ends, unless termination was for the reasons in section 8.3 — in which case on-hold commissions are forfeited;
(d)If BlueSky eSIM terminates the agreement under section 8.3, re-registering for the Affiliate Program is not allowed.

Article 9

Liability

9.1. The Affiliate is liable to BlueSky eSIM for any losses caused by a breach of these Terms.

9.2. Neither party is liable for indirect damages, lost profits, lost data or the cost of procuring replacement services, on any legal basis, except in cases of gross negligence or wilful misconduct.

9.3. BlueSky eSIM is not liable for:

(a)Downtime on the BlueSky eSIM Platform caused by maintenance, force majeure or other circumstances outside BlueSky eSIM’s control;
(b)Temporary tracking system errors, provided reasonable efforts are made to fix them;
(c)Business decisions the Affiliate makes based on data from the Affiliate Dashboard.

9.4. BlueSky eSIM makes no guarantees about minimum sales, traffic or revenue from the Affiliate Program.

Article 10

Indemnification

10.1. The Affiliate agrees to indemnify BlueSky eSIM, MJW Limited and their employees, representatives and agents against any claims, damages, losses and costs (including legal fees) arising from:

(a)the Affiliate’s breach of these Terms;
(b)the Affiliate’s breach of applicable law;
(c)content published on the Affiliate Platform;
(d)the Affiliate’s gross negligence or wilful misconduct.

Article 11

Remedies

11.1. If the Affiliate breaches these Terms, BlueSky eSIM is entitled to:

(a)Restrict or suspend the Affiliate’s access to the Affiliate Dashboard;
(b)Put all payouts on hold until the matter is resolved;
(c)Cancel commissions credited as a result of activity that breached these Terms;
(d)Terminate the agreement immediately under section 8.3.

Article 12

Changes to these Terms

12.1. BlueSky eSIM may update these Terms. The Affiliate will be notified of any changes electronically (by email or via a notice in the Affiliate Dashboard).

12.2. Changes take effect 7 days after the notice is sent, unless the Affiliate objects in writing within that period. If the Affiliate objects, either party can terminate the agreement immediately.

12.3. Continued use of the Affiliate Dashboard after the 7-day period counts as acceptance of the updated Terms.

Article 13

Final provisions

13.1. These Terms, and any disputes arising out of or relating to them, are governed by the laws of the Hong Kong Special Administrative Region (Hong Kong SAR) and will be settled by the Hong Kong courts.

13.2. The collaboration under these Terms is non-exclusive. Nothing here prevents either party from working with third parties.

13.3. The Affiliate may not assign or transfer their rights or obligations under these Terms to any third party without BlueSky eSIM’s prior written consent.

13.4. If any provision of these Terms turns out to be invalid or unenforceable, the remaining provisions stay in force. The parties agree to replace any such provision with a valid one that comes closest to the original commercial intent.

13.5. Provisions of these Terms that by their nature should survive termination (in particular sections 6, 7, 9, 10 and 13.1) remain in force after these Terms end or are terminated.

13.6. These Terms set out the entire agreement between the parties regarding the Affiliate Program and replace any earlier arrangements, spoken or written, on the same subject.