Terms and Conditions Affiliates
TERMS AND CONDITIONS AFFILIATES
In the following you can find the general conditions that are applicable to participation in the affiliate program of CycleMasters®. Upon cognizance of these General Terms and Conditions it is assumed you are aware of the rights and obligations that are mentioned in these General Terms and Conditions.
DEFINITIONS
1. CycleMasters®: CycleMasters BV. The private limited liability company established in Bleiswijk, on Jan van der Heydenstraat 26 (2665 JA), VAT-number NL859913600B01, registered under Chamber of Commerce number 74468065.
2. Affiliate: every natural or legal person who has accepted the General Terms and Conditions and has been accepted by CycleMasters® as an affiliate to generate attention for products and information through the affiliate website.
3. Affiliate website: the internet page or pages with which the affiliate participates in the affiliate program of CycleMasters®.
REGISTRATION AND ACCEPTANCE
1. Anyone having disposal of a website on the internet can register as a potential affiliate. CycleMasters® decides on the basis of selection criteria who will be admitted to the affiliate program.
2. Registration as an affiliate comprises that one accepts and observes the General Conditions.
USE
1. The affiliate gives away, by way of a unique link 50% discount on the first month at CycleMasters®. At the moment that the customer uses this link and after the free trial period commences a membership, the commission starts. Through the dashboard in FirstPromoter, the affiliate can monitor all clicks and subscriptions.
2. An already existing customer of CycleMasters® cannot be registered again through an affiliate.
3. CycleMasters® regularly evaluates the partnership with the affiliate and where necessary will provide the affiliate with feedback and/or pause/discontinue the partnership.
4. CycleMasters® provides the content and texts that can be used for expressions of the affiliate. If the affiliate wants to use content that he created himself for expressions about and in the name of CycleMasters® this will have to be coordinated beforehand.
5. The affiliate will only use the content offered by CycleMasters® for the purpose of the affiliate program and will not apply changes thereto without prior consultation.
6. It is not permitted to affiliates to use the material provided for actions and/or behavior that violate the applicable legal provisions, netiquette, the guidelines of the advertising board ‘Reclame Code Commissie’, or these General Terms and Conditions.
This also includes, though it is not limited to, the following actions:
– Sending spam: the unrequested forwarding of big quantities of emails and/or the unrequested posting in big numbers on fora, in newsgroups, or on weblogs. – The violation of copyrights-protected works or the otherwise acting in violation of third-party property rights.
– Misleading of third parties
COMMISSION
1. The affiliate is entitled to a commission if CycleMasters® has registered a sale through the unique affiliate link. For an affiliate associated as a company, the commission is exclusive of VAT. If this is the case, and to the extent applicable according to Netherlands legislation, VAT will be applied to the commission.
2. The registration of sales as displayed on the website of CycleMasters® is binding for the affiliate.
3. Payment of the commission will occur once per quarter on the account number that the affiliate has transmitted in FirstPromoter. The affiliate is responsible for timely entry of the correct payment information. In case the commission over a quarter amounts to less than € 25 (twenty-five euros), no payout will occur in the relevant quarter and the commission will be saved. The payment thereof will take place in the month in which the total amount is equal to or exceeds € 25 (twenty-five euros).
TERMINATION
1. CycleMasters® has the right at all times to terminate the affiliate agreement, with due regard for a notice period of two (2) weeks. Without prejudice to their other rights, CycleMasters® has the right, e.g., to terminate the affiliate agreement with immediate effect in case:
– The affiliate acts in violation of the General Terms and Conditions;
– The website of the affiliate in the opinion of CycleMasters® could result in a violation of public order or good morals or might be offensive or violent in one way or another.
2. The affiliate has the right to terminate the affiliate agreement at all times and without notice period. Deregistration is possible by sending an e-mail to: [email protected] or in writing by sending a clear letter to: CycleMasters BV, Jan van der Heydenstraat 26, 2665 JA Bleiswijk.
3. Upon cancellation, any possible outstanding commission amounts are paid out by CycleMasters®.
4. As from the moment of termination, the affiliate is obligated to remove all expressions regarding CycleMasters® both on and off-line immediately.
CONFIDENTIALITY
All information provided by you to CycleMasters® will be handled with strict confidentiality.
LIABILITY
1. CycleMasters® does not accept any liability for any damage or loss that is incurred by the affiliate or third party as a result of the use of the services offered.
2. CycleMasters® makes sure that the affiliate program can be reached 24 hours per day, with the exception of periodic maintenance, technical malfunctions, and force majeure. CycleMasters® cannot be held accountable for any possible loss of turnover or other costs that flow therefrom.
3. The affiliate is responsible himself for the correctness of the content of the account information.
4. CycleMasters® is not liable for delays and/or errors in payout due to incorrect or incomplete information that was provided.
MISCELLANEOUS
1. The affiliate will not make any pledges and/or enter into obligations for or on behalf of CycleMasters®.
2. The affiliate does not have the right to transfer (a part of) his/her affiliate agreement to a third party. A sub-affiliate partnership is not permitted without the consent of CycleMasters®
3. Keyword buying under the brand name CycleMasters® is not permitted.
4. CycleMasters® has the right at all times to alter the General Terms and Conditions. The affiliate will be digitally informed accordingly. In case the altered General Terms and Conditions are not acceptable to the affiliate, the affiliate has the right to terminate the affiliate partnership. If the affiliate does not proceed with the termination of the affiliate partnership, the affiliate is deemed to have accepted the altered General Conditions.
5. If any provision of this agreement were to violate applicable legislation, such provision will be changed in such a manner that it will correspond with applicable legislation, with due regard for the purport of the relevant provision.
6. The General Terms and Conditions are exclusively governed by Netherlands law and disputes will be submitted to the Netherlands court of law.