Our Terms and Conditions

Version as of: 05.04.2023

General

The general terms and conditions apply to the visit and use of the Website and other services offered by Affiliates.Network. Please study these terms and conditions carefully before visiting the Website and / or using our services. If there are one or more points in our general terms and conditions that the user cannot agree with or if the user is experiencing difficulties reading these general terms and conditions, then the user can immediately cancel their visit to the Website. This or future visit to the Website and / or the use of our services implies that the user accepts these general terms and conditions in full and without reservation. To use the Website and the applications provided therein, registration is required, whereby the user uses a personal password.

By signing up, registering or otherwise enrolling as an affiliate or publisher of Affiliates.Network, the Affiliate (as defined below), its agents, representatives, employees and any other person acting on its behalf with respect to the use of the Service shall be bound by – and agrees to be bound by – these Terms and Conditions to the exclusion of all other terms and conditions, including any terms or conditions which are implied by trade, custom, practice or course of dealing or which the Affiliate may purport to apply or which are endorsed upon any correspondence or documents issued by the Affiliate irrespective of their date of communication to Affiliates.Network.

Definitions

The words that are used in these Terms and Conditions, starting with a capital letter, have the meanings as defined below.

Terms and conditions: The current Terms and Conditions
Affiliate Program: The system where Products or Services are offered to (potential) end customers through Affiliates.
Affiliate: A third party company or individual that is registered as affiliate or publisher and advertises for the Products or Services of the Affiliate Program.
Advertiser: A legal entity or individual that wishes to engage Affiliates.Network and its network for targeting potential visitors in order to generate Conversions and collecting data to optimize an effective advertisement campaign by means of (without limitation) distributing the Ads provided by it to Affiliates.Network within the network of Affiliates.Network through its Affiliates.
Payment Service Provider: A service provider for online payments. They handle payments on websites.
Service: Targeting by the Affiliate of potential visitors in order to generate Conversions and collecting data to optimize an effective advertisement campaign by means of (without limitation) distributing within its Medium the Ads received from an Advertiser through Affiliates.Network.
Products or Services: Each to make available, through Affiliates.Network under the Affiliate Agreement to be delivered or delivered correctly or under the prevailing opinion equivalent product, including any Software.
Offer: An advertisement that contains a promotion or opportunity directed to Consumers that may be made available from time to time by Affiliates.Network for use by Affiliate on the Internet or via any wireless mobile device.
Campaign: The advertisement campaign of an Advertiser.
Medium: Any platform, a website, a channel, an application or another medium of the Affiliate.
White Label: A customized platform of an Advertiser that Affiliate will have exclusive right to use as Provided URL.
Conversion: An action upon which the commercial deal is based; for example, if the commercial deal is: CPM (Cost Per Mille), CPA (Cost Per Action), CPC (Cost Per Click), CPL (Cost Per Lead), CPS (Cost per Sale), then conversion is considered respectively: mille, action, click, lead and sale.
Tracking: The method of monitoring and logging the conversions agreed upon with the Advertiser and Affiliate for a specific Campaign.
Agreement: The agreement the Affiliate entered into with Affiliates.Network in relation to the Services as set out in these Terms and Conditions.
Affiliate Agreement: Terms and Conditions, including the form and / or any other in accordance with the Terms and Conditions valid at the legal relationship between Affiliates.Network and Affiliate declared applicable rule or expression.

The Services

An Agreement shall come into force between Affiliates.Network and the Affiliate upon its acceptance as an affiliate within the network of Affiliates.Network and shall remain in effect until terminated. Affiliates.Network may deny acceptance of any Affiliate for any reason at any time and shall not be obligated to inform the Affiliate of the reason of rejection.

Participants on Affiliates.Network are Affiliates, Advertisers and Affiliates.Network. Advertisers are natural or legal persons who make their various own or third-party Products available on the Platform. Affiliates.Network make single or bundled Offers available to Affiliates on the Platform. Affiliates are natural or legal persons who promote Offers on own or third-party websites, in an email, or in the capacity of a network operator connected to yet another Affiliate, using advertising or promotional material such as, but not limited to, banners, product data, text links, emails or videos as part of search engine marketing.
Affiliates promote the Offers by means of placing affiliate links generated when creating a Campaign on own or third-party websites, in an email, or their own network, or the like. When a third Party, such as an end customer, performs a certain Conversion on the Platform, the Affiliate is entitled to a remuneration. Conversions eligible for remuneration are defined in the individual Offer descriptions or in the campaign creation process. It is also possible to remunerate combinations of various conversions.
Affiliates.Network tracks the conversions, whereby Affiliates.Network provides the Affiliate an overview thereof. The Tracking is decisive for the identification of successful Conversions and for the calculation of the resulting remuneration.
Affiliates.Network has the right to suspend the Service with or without cause at any time; for example, in the event that one of the following situations occurs and for at least the duration of this situation and the duration of its resultant effects:
- the Affiliate’s company name, VAT number, address and contact persons are not filled out properly in Affiliates.Network’s database.
- the registration form is not completed properly and/or submitted by duly authorized representative(s) of the Affiliate.
- the Affiliate for whatever reason does not/no longer duly and effectively comply with the code of conduct or the notice of takedown procedure of Affiliates.Network.
- the Affiliate has not fulfilled any of its obligations under the Agreement.
Affiliates.Network does not provide any guarantee whatsoever regarding the results of any Campaign.
The Affiliate will be solely responsible for the development, operation, and maintenance of its Traffic and for all materials that appear on it. Affiliates.Network disclaims any and all liability and responsibility for such matters.
The Service may be modified, amended, changed or terminated by Affiliates.Network for practical reasons at any time upon written notice (including email) to the Affiliate. In the event that the Affiliate does not accept the modifications, amendments and/or changes, the Affiliate shall have the right to cease to perform the Service upon immediate notification to Affiliates.Network, so that Affiliates.Network can pause or terminate the Service.
Participation on Affiliates.Network is free-of-charge for Affiliates

Confidentiality

Except as otherwise provided in this Agreement or with the consent of the disclosing Party, the receiving Party agrees that all information,including but not limited to the terms of this Agreement, business and financial information, user data, customer and vendor lists,technical, pricing and sales information, concerning advertiser or any of their affiliates and business partners provided by or on behalf of any of them shall remain strictly confidential and secret and shall not be utilized, directly or indirectly, by the receiving Party for any purpose other than participating on Affiliates.Network,except and solely to the extent that any such information is generally known or available to the public through a source other than the disclosing Party. The provision of this clause shall survive termination of this Agreement.

Privacy

Affiliates.Network finds your privacy is very important and will therefore carefully handle the information provided by you. We use your information for our records and to keep you inquire about our services. Your information will not be provided to third parties. However Affiliates.Network has under the law an obligation to provide information to authorities. Affiliates.Network will only provide information if it is requested by a competent authority properly. You can change or retrieve your data at any time at the website

Usage

To participate on Affiliates.Network, Affiliate must be a registered member.
On the day of notification, an Affiliate must have reached the minimum age of 18 (eighteen) years. With the assumption that the user is under 18 (eighteen) years, the accumulated funds will be frozen until the Affiliate has shown to be at least 18. (eighteen) years old. Funds that have been earned by user the period when he was younger than 18 (eighteen) years will not be paid out.
Affiliate is not allowed to offer any Products or Services of Affiliates.Network if the content is incompatible with local regulations.
Affiliate should you promote products or services to Affiliates.Network adhere to the rules of newsgroups, forums, chat platforms or other type media. Affiliate may not promote where it’s not wanted.
The Affiliate is forbidden to proceed to the sending of unsolicited communication / spam for promotion of products or services by Affiliates.Network. In case of an offense, Affiliates.Network is entitled to block The Affiliate account directly, without disbursements (current) assets.
Affiliate is forbidden to make misleading promotion for Products or Services of Affiliates.Network
It is forbidden to promote Affiliates.Network Products or Services Affiliates.Network on websites that have or link to illegal content including but not limited to warez or copyrighted files.
The Affiliate is prohibited in the promotion of products or services of Affiliates.Network using software with an illegal and / or misleading use. Among this software is, among other things but not exclusively, virus programs and / or spyware and dialers.
If the Affiliate is engaged in the promotion of Affiliates.Network Products or Services from the category SMS subscriptions Affiliates are required to comply with all relevant laws and regulations for the provision of SMS services, including but not limited to the SMS code, Advertising Code SMS services, general Advertising code and any document or law that one of these codes of conduct and in the future will replace or expand.
For SMS subscriptions the Affiliate may only use the banners or promotional material provided by Affiliates.Network. For the promotion of the Products or Services from this category, the banners or promotional material may not be modified. Also there can only be linked exclusively to the specified Affiliates.Network landing pages, which must remain visible for the visitors. For example frames in smaller resolutions or other adjustments which a portion of the landing page or follow pages are not visible is not allowed.
Affiliates are forbidden to lead visitors to the affiliates web site(s) by using visible or invisible text words or terms as child pornography or words and terms of similar meaning or the same category.
The Affiliate is prohibited to make their own payment page (s) with any functionality that is contrary to regulations of the Payment Services Provider or local laws and regulations of the country in which the payment page applies.
If you as an Affiliate bring on a new Affiliate you will be eligible applied for Affiliate sales and registration via your Affiliate ID. This Affiliate ID is binding and will under no circumstances be changed or adjusted. It is not allowed to bring on to a new Affiliate that has the same address that you are residing, use the same bank account and / or the same operating website(s).
The Affiliate is forbidden to promote through a system where consumers get a portion of the costs reimbursed or repaid in a later stage. Special rates and discounts may be offered with the express written permission of Affiliates.Network.
It is not allowed to offer products from Affiliates.Network, whitelabels, customs of products from Affiliates.Network via other networks like Affiliates.Network, Affiliate networks or CPA/CPL networks, without explicit consent of Affiliates.Network.

Payment and Registration

When registering paying visitors, use is made of the information of Payments Service Provider. This information is then presented to the Affiliate through statistics with any online feature, an online billing statement or a webmaster monitor. The data shown herein are in no way binding for final billing. Inaccuracies, or deviations from completion, costing and failures are strictly reserved.
If the Payment Service Provider cannot meet or wants to pay generated revenues cannot meet or wants to pay Affiliates.Network, Affiliates.Network is not obligated to make a payout to the Affiliate, until a collection for Payment Service Provider is possible. Relevant correspondence between Affiliates.Network and the Payment Service Provider will be made available on request.
The amount that belongs to the partner shall be paid within 30 days after the end of the month in which the invoice was received. The commission is only paid if the amount is at least 100 euro. If this minimum has not been reached the commission will be added to the next invoice.
Affiliates.Network uses fraud reporting to determine lead validity. Regardless of the agreed payment cycle, Affiliates.Network reserves the right to dispute the validity of leads up to 1 month after generation of these leads. If the case arises that leads have been paid out before fraud is determined; the disputed amount will be deducted from future payments to the affiliate. If no future payments happen, Affiliates.Network will invoice the disputed amount to the Advertiser.

Termination

The Agreement shall come into force on the Effective Date and shall remain in effect for a term of one (1) year after which it will be extended automatically by consecutive periods of one (1) year each, unless terminated as per this clause.
The Affiliate is acting or has acted contrary to Dutch law or regulation;
Upon termination of the Agreement, the Affiliate shall cease to use the Service immediately and delete all links to the Landing Page(s) and delete or expunge from its computer any Confidential Information of Affiliates.Network or an Advertiser. For the avoidance of doubt, the Affiliate shall not be entitled to receive any commission on any Conversions made after the termination date, but it will not discharge the Affiliate from its obligations under the surviving provisions of the Agreement, in particular clause confidentiality.

Confidentiality

Liability

Affiliates.Network accepts no liability for any damage or loss by Affiliate or third party suffered as a result of the use of the services offered;
Affiliates.Network shall ensure that the Partner Program is available 24 hours a day, this subject to periodic maintenance, technical failures and force majeure. Affiliates.Network can not be held responsible for any loss of revenue or other expenses arising from it.
The Affiliate is responsible for ensuring compliance with all obligations under the tax laws and indemnifies Affiliates.Network all claims relating the reto.
The Affiliates are responsible for the accuracy of the content of the account information.
Affiliates.Network is not liable for delays and / or errors in the payment due incorrect or incomplete information.
Affiliate as acts contrary to Conditions Affiliates.Network is entitled recover all costs on The Affiliate This applies to both direct costs and any loss of business resulting from this act of Affiliates.
Except to the extent that liability cannot be limited under applicable law, any and all liability of Affiliates.Network is limited to the amount paid out, if any, under its liability insurance coverage in the matter concerned. In the event and to the extent that no money is paid out under its liability insurance for whatever reason, any and all liability of Affiliates.Network shall be limited to a maximum amount of € 2,500 (Two and half thousand Euros).
The Affiliate shall indemnify and hold Affiliates.Network, its subsidiaries, and each of their respective officers, directors, partners, members, managers, employees, agents and attorneys harmless from and against all third party claims that arise from or are in any way connected to the Services from the Affiliate, unless such claims result from wilful misconduct or gross negligence by Affiliates.Network. This indemnification includes any legal costs.
Under no circumstances will Affiliates.Network, or any of its subsidiaries, affiliates, partners, licensors or suppliers be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use the White Label.

Indemnification

Compliance with this Agreement is of considerable importance for the proper operation of Affiliates.Network. In the event of a serious breach of Agreement, Affiliates.Network reserves the right to take further legal measures in addition to terminating the Agreement.

The Affiliate shall indemnify and hold harmless Affiliates.Network and its Advertisers against any and all claims for damages, liability claims, warning notices, cease-and-desist declarations by third parties and other claims, as well as any and all costs, efforts and expenditures associated therewith as arising from behavior (including omissions) by the Affiliate as the root cause thereof. This applies particularly to cases of infringement of copyright, trademark rights, competition rights, data protection and privacy rights or rights of third parties.

Such costs include the compensation of damages of third parties and reimbursement of further expenses. Affiliates.Network is entitled to demand advance payments from the Affiliate regarding such costs.

Amendment of the Terms & Conditions

Affiliates.Network reserves the right to make changes to the terms & conditions at each time and to amend such provisions of the present terms and conditions that are minor in scope or nature; and to do so without citing any reasons, provided such modifications do not lead to the Agreement being restructured in its integrity. It is recommended that the Affiliate consult this terms & conditions regularly so that the Affiliate is aware of these changes.
Affiliates.Network is required by law to share their data with third parties in some cases. For example, the provision of data to competent authorities for a criminal investigation. Or about sharing data with copyright holders, for example for a judicial investigation into the violation of personality rights.
Affiliates.Network is entitled to suspend the Affiliate's Account on the platform, if the Affiliate objects to amendments of the Terms & Conditions. The suspension of the account may be maintained until Affiliates.Network and the Affiliate have concluded a new Agreement or until the Affiliate has accepted the amended Terms & Conditions.

Miscellaneous

The Affiliate represents and warrants to Affiliates.Network that any information provided to Affiliates.Network regarding it and its business shall be true, accurate and complete.The Affiliate shall notify Affiliates.Network without delay by email of any changes in its information.
The Affiliate may not assign or pledge its rights or obligations under the Agreement in whole or in part to any third party without the prior written consent of Affiliates.Network.
Any changes to the Agreement proposed by the Affiliate must be mutually agreed upon between Affiliates.Network and the Affiliate in writing before they have effect. This can be done via email to support.
A decision by Affiliates.Network to not invoke its rights does not constitute a waiver of these rights.
Nothing in these Terms and Conditions or in the Agreement shall create or be deemed to create a partnership or relationship of employer and employee between Affiliates.Network and the Affiliate.

Applicable Law

The legal relationship between Affiliates.Network and the Affiliate, these Terms and Conditions and the Agreement shall be exclusively governed by Swiss law.
In the event of any dispute relating to or arising from the Agreement that cannot be resolved amicably between Affiliates.Network and the Affiliate, the dispute shall be exclusively decided by the competent court in Bern, Switzerland, without prejudice to the right to lodge an appeal.