§1 General; Application Scope
- The following General Terms and Conditions (T&Cs) apply to all relationships between KNPB Media B.V. | Eurode Park 1 | 6461 KB Kerkrade | Netherlands, registered with the Chamber of Commerce under number 14080425 (hereinafter referred to as “KNPB”) and its contractual partners, if they are registered as an “Affiliate” within the meaning of § 2 paragraph 1b of these T&Cs on EROTIK.cash (hereinafter referred to as “Affiliate”).
- Deviating, conflicting or supplementary T&Cs from the Affiliate will not form an integral part of the agreement, unless the validity thereof has been explicitly agreed on in writing. Upon approval of this T&Cs, it is assumed that the Affiliate is aware of the rights and obligations mentioned in this T&Cs. Registration as an Affiliate means that it accepts and respects the T&Cs.
§2 Business Object; Definitions; Services
- KNPB operates a company under the name EROTIK.com, as well as a VOD platform. The following terms must be interpreted as follows: a) Affiliate Program An Affiliate Program is a sales solution on the internet where a commercial provider (KNPB) pays its sales partners (Affiliates) a commission based on results achieved, namely a sale registered via the Affiliate website. b) Affiliate Every natural or legal person who has accepted the T&Cs and is accepted by KNPB as an Affiliate to draw attention to products and information via the Affiliate site. c) Payment per Sale Usually a “Sale” is the purchase of a product or a virtual product or service by the customer referred by the Affiliate. When the purchase is complete, the Affiliate receives a predetermined commission. d) Double Opt-In Double Opt-In refers to a procedure whereby the addressee of an email confirms that he/she is the owner of the email address by means of confirmation. e) Advertising Campaigns Promotional material is the designed form of the advertising message. Promotional material consists of banners, images, but also text links or emails/newsletters. f) Incentive In the case of an incentive, paying a premium or other bonus creates the impulse for Affiliate to carry out an advertising campaign for EROTIK.cash.
- KNPB enables its Affiliates to advertise EROTIK.com with the provided links and the advertising material.
- The commission Affiliate receives is based on the current commission model of KNPB. The current commission model can be viewed at any time on EROTIK.cash. In exceptional cases, a different reimbursement can be agreed to with KNPB and laid down separately in writing.
§3 Registration; Concluding the Agreement; Termination
- Prior registration is a condition for using the EROTIK.cash Partner Program. During the registration process, Affiliate must submit the data provided by KNPB truthfully and comprehensively in the appropriate form. Only KNPB decides on the admission of registration. There is no entitlement to admission to the use of EROTIK.cash.
- The registration and use of EROTIK.cash is reserved exclusively for persons who have reached the age of 18.
- After completion of the registration and acceptance of this T&Cs – online by clicking the appropriate box intended for that purpose – Affiliate makes its offer to conclude a contract for the use of EROTIK.cash and the related services. After registration, Affiliate immediately receives an email from KNPB in which the receipt of the data and, as a general rule, the conclusion of the agreement (the acceptance of the offer) is confirmed.
- Both parties, Affiliate and KNPB, can cancel the agreement for the use of EROTIK.cash, which has been concluded for an indefinite period, at any time without notice by means of a written notification. This notification must contain the first and last name and the Affiliate’s ID. The cancellation must be sent by email to: KNPB Media B.V., Eurode Park 1, 6461 KB Kerkrade, Netherlands, email@example.com In the event of cancellation, KNPB will execute the cancellation immediately upon receipt.
- The personal account of an Affiliate, as well as the rights arising from it, is/are not transferable. That is why Affiliate is also prohibited from disclosing its access data to the KNPB services to third parties.
- The application of the EROTIK.cash Affiliate Program is prohibited if the sales generated by the Affiliate are achieved by any means through an incentive. Selling through a bonus, cashback or other form of advertising with an incentive to perform an action, is strictly prohibited. Income generated by such forms of advertising will be canceled by KNPB without warning.
§ Article 4 Commission
- The amount of the commission earned is based solely on the KPNB statistics available on the website for Affiliate. Registration thereof by KPNB is binding.
- These statistics show the net values of sales by Affiliate.
- Sales that are reflected in the statistics of Affiliate can be canceled by KNPB if it appears that the sales generated have been made using incorrect data, unlawful texts and/or photos and/or the like, or are unlawful in any other way.
- Payment of the commission will take place monthly to the account number Affiliate has indicated. Should the commission for a month be less than € 30 (thirty euros), no payment will be made in that month and the commission will be accumulated. Payment thereof will take place in the month in which the total amount is € 30 (thirty euros) or more. Neither the accumulated credit balances nor the credit balances due for payment are interest bearing.
- The commissions are paid net on the 15th of the following month. As a company affiliated Affiliate, the commission does not include VAT. If this is the case, and insofar as applicable under Dutch law, VAT will be charged on the commission.
§5 Obligations of the Affiliate
- Affiliate undertakes not to violate applicable laws by making use of the EROTIK.cash Affiliate Program.
- The Affiliate is not permitted to use the material supplied for practices and/or behavior that are in conflict with the applicable legal provisions, the net etiquette, the Advertising Code Committee guidelines or these T&Cs. Advertising the Affiliate Program on other platforms and through unsolicited advertising emails, the so-called spam, is strictly prohibited. Violating copyrighted works or otherwise acting contrary to the intellectual property rights of third parties is not allowed, as is the deception of third parties.
- If KNPB is approached by third parties for violation of the rights on the part of the Affiliate, the Affiliate will fully indemnify the KNPB. In such a case, KNPB reserves the right to assert further claims against the Affiliate and to recover damages.
- The Affiliate will inform KNPB at all times about the nature and method of promotion of the Affiliate Program. If there is a suspicion that there has been a law violation and the Affiliate does not contribute to the provision of information, KNPB has the option to suspend payment of the commission from the Affiliate until the obligation to provide information has been met.
- If there is a violation of the obligations of an Affiliate, KNPB can terminate the agreement without notice.
- The Affiliate is solely responsible for the taxation of the commissions earned through EROTIK.cash and the payment of any sales tax on such commissions.
- The Affiliate is prohibited from making changes to the KNPB system or manipulating the system.
KNPB has the right to have its services performed by third parties. Affiliate is not entitled to transfer (part of) his/her rights and/or obligations from the Affiliate agreement to a third party.
§7 No right of withdrawal
Affiliate explicitly declares to the KNPB that he/she, as a user of EROTIK.cash acting as Affiliate, is not a consumer within the meaning of Article 7:5 or Article 7:23 or Article 6:230o of the Dutch Civil Code. A statutory rights of withdrawal in favor of the Affiliate does not exist in this respect.
- The programs, data and technical resources made available by KNPB on EROTIK.com correspond to the current state of technology. Nevertheless, due to problems beyond the control of KNPB (ex. due to fault of third parties, force majeure, etc.) or due to update and maintenance work, temporary restrictions on the availability of KNPB services may arise.
- An interference-free and uninterrupted availability of EROTIK.com is not due to KNPB and cannot be guaranteed by KNPB. KNPB cannot be held liable for any loss of revenue or other costs that arise from this.
§9 Limitation of liability
- Any claim for damages on the part of the Affiliate against KNPB, regardless of the legal basis, is excluded, unless KNPB, its legal representatives or agents are accused of intent or gross negligence.
- If and insofar as it is established that KNPB is liable, then the liability of KNPB is limited to the direct damage suffered by Affiliate, which can be foreseen at the time of entering into the agreement. Liability for indirect damage, lost profit and consequential damage is excluded. The compensation will also be limited to a maximum of the amount the commission paid over 1 year.
§10 Final provisions
- KNPB is entitled to change the T&Cs at any time. Affiliate will be informed of this digitally. If the amended T&Cs are not acceptable to Affiliate, then Affiliate is entitled to terminate the Affiliate agreement. If the Affiliate does not proceed to terminate the Affiliate agreement, the Affiliate is deemed to have accepted the amended T&Cs.
- The Affiliate will only collect and save privacy-sensitive data that is necessary for the performance of this/her contractual obligations. This data will only be used to perform these obligations.
- If individual provisions of the agreement concluded between the parties are or become wholly or partially invalid, the validity of the other provisions of this agreement will not be affected. The provision that is wholly or partially invalid is replaced by a provision that approximates the economic purpose of the invalid provision as closely as possible in a legally permitted manner. The same applies to filling up any contractual gaps.
- All disputes between parties will be submitted to the District Court of Limburg and will be governed exclusively by Dutch law.
Kerkrade, 1 February 2020