Terms and conditions

/Terms and conditions
Terms and conditions 2017-06-17T10:18:27+00:00

Our terms and conditions

You must agree to the terms and conditions below to be able to sign up for our program.

Affiliateclan Program – TERMS AND CONDITIONS

The following terms and conditions reflect the obligations of the user identified by the personal data, address and e-mail address specified in the sign-up/registration form (hereinafter referred to as “you” or “your”, “affiliate” or “affiliate member(s)” ) and Affiliateclan (hereinafter called “AC”) when you use AC’s affiliate program to promote AC’s websites. All conditions must be adhered to, and are legally binding. You are responsible for reading and respecting all the conditions defined by AC. If the conditions are not respected, your account will be terminated and the payment void. No warnings will be issued, and no reasons or excuses will be accepted.
The following describes the general restrictions and obligations that have to be followed by you, independently of the specific program used by you to promote AC’s websites.

RESTRICTIONS AND OBLIGATIONS:

  1. The minimum age for participation is 18 (eighteen). To link to our sites, you may only use banners/text links designed or approved by AC. The surfer has to click on the banner/text link promoting a specific site from AC for that site to be loaded. AC must at all time be able to track your hits and visit the websites from where the visitors are coming from. All hits must come from your own web page(s). You are not authorized to use AC’s name, URL or anything associated with AC or its websites outside of your website(s).

  2. No SPAM will be tolerated. Should AC receive complaints due to unsolicited emails sent by or via you, you will be on our blacklist and your account will be terminated immediately and payment will be void. This condition applies to, but is not limited to, newsgroup postings, email links, etc. You are also not allowed to open the website in a pop up window or in a console. As our dialler is integrated in our programs, the word “free” is not allowed in your advertising methods.

  3. Affiliate members are not permitted to use AC’s sign up forms within a co-registration or automated transfer process. AC is under no obligation to pay for subscribers generated using either of these methods. The form action for subscription must be to AC servers, and initiated by the surfer. Failure of an affiliate in this regard will result in AC canceling all payments due to that affiliate. 4. Affiliate members are not permitted to display a AC sign up form on mailing list unsubscribe pages. AC wants to protect the risk of SPAM complaints that are often associated with this type of form implementation. AC is under no obligation to pay for signups generated from unsubscribe pages.

  4. You may not promote our affiliate program on or to sites that promote or contain content pertaining to or displaying child pornography “actual” or “suggested”, molestation, bestiality, rape/torture, hate crimes/hate propaganda, acts of violence, or other illegal content, any references to “Lolita”, “Pre-Teen” and “youngest”, any URL names implying any unqualified content or any other sites displaying illegal material, password selling or trading. Nor may you promote our affiliate program on any other non-adult web sites unless you have received an authorization before doing so from AC. If you not do so, your account will be terminated and the payment void.

  5. Sites that promote illegal activity, anti-government activity or discrimination based on race, sex, religion, sexual orientation or physical disability are not permitted to participate in AC’s affiliate program.

  6. Any affiliate member who violates or infringes upon 3rd party copyright, trademark, patent, or any intellectual property rights will have their account terminated immediately, this includes, but is not limited, fraudulent activity against any other program. Termination will result if you are found to be profiting from the false submission of names, using executable files to scam other online ventures and/or if you are in any way committing fraud against 3rd party companies.

  7. You may not keep a copy of any of the names or associated data they generate through the affiliate program. AC retains sole and exclusive rights to this data.

  8. If you cheat anywhere on the AC network, you will loose all accounts in all programs and will not be allowed to gain access to new accounts. Credit card fraud is closely monitored and will not be tolerated by AC. Misleading advertising by you will be considered as cheating. In the event that any sort of mechanism that falsely generates hits and/or signups to the website is detected by AC, you will be prosecuted to the fullest extent of the law and earnings will not be paid.

  9. AC reserves the right to terminate any affiliate for any reason, including but not limited to, fraud or suspected fraud. Fraud includes, but is not limited to, the submission of unauthorized email signups, the creation of new email addresses for submission by the affiliate, or changing HTML or other code related to the affiliate program. AC is not obligated to pay the balance of a terminated affiliate’s account.

  10. Referring an affiliate who already exists in the affiliate database is not supported by AC. Doing so may result in your termination from the program without compensation.

  11. Affiliates will not receive referral commissions from referred affiliates who are terminated from the program for any reason.

  12. AC reserves the right to suspend and/or cancel payment to an affiliate who has been found to have altered, changed and/or modified the HTML of the AC sign up form. The AC sign up form must be in its original format, which must contain the original amount of lists, the proper pre-checked boxes, an email and zip code form submission field, etc. Permission is needed to make modifications. Contact us for details.

  13. AC is not obligated in any way to reveal the reasons for termination of referred affiliates. AC will not release information on an affiliate unless fraud and/or abuse has been committed against a third party program. The final decision regarding account status and information will be made by AC in the case of a request for information by a third party program/venture.

  14. In no event shall AC be liable to you for any damages, whether direct, indirect, incidental or consequential, arising out of the use or inability to use the affiliate Program, including your use of the affiliate Program for any other purpose than what has been stated in these terms and conditions, even if AC has been advised of the possibility of such damages. AC’s aggregate liability, if any, arising out of or in any way related to its performance of the services provided for under these terms and conditions shall be limited to EUR 50,00 (fifty euro); and in no event shall AC, its staff, its agents, or its suppliers pay for incidental, indirect, special, or consequential damages, even if they have been advised of or should have foreseen, the possibility of such damages.

  15. AC shall not be liable for any damages resulting from disseminating, failing to disseminate, or incorrectly or inaccurately disseminating any communication, advertisement, or other materials of any kind comprising in whole or in part your use of AC’s services or affiliate Program.

  16. AC disclaims any and all liability with regard to the operation of affiliate sites. These sites are outside of AC’s control, and as such AC cannot be held responsible for their actions.

  17. AC shall in no event be liable to you, your customers or any third party for any loss resulting from any failure to perform its obligations under these terms and conditions because of intrusion or malicious attacks by hackers on the affiliate Program, theft of access codes or passwords from our installations, or other acts by any third party beyond AC’s direct control, including but not limited to acts of God, nature, any government agency(ies), war, civil disturbance, labor disputes or shortages, electrical or mechanical breakdowns, inability or refusal of a common carrier to provide communications capabilities as well as the issuance of an injunction or seizure order by a court of competent jurisdiction prohibiting AC from carrying on its day-to-day operations as contemplated under these terms and conditions or an order by any regulatory, administrative, judicial or legislative body, which shall temporarily suspend or permanently terminate AC’s ability to provide you access to the services and/or AC’s affiliate Program pursuant to these terms and conditions.

  18. Except for the express warranties stated herein, the affiliate Program and AC’s services are provided “as is”, and AC disclaims any and all other warranties, conditions, or representations (express, implied, oral or written), relating to the affiliate Program, AC’s services or any part thereof, including, without limitation, any and all implied warranties of quality, performance, merchantability or fitness for a particular purpose. AC makes no warranties respecting any harm that may be caused by the transmission of a computer virus, worm, time bomb, logic bomb or other such computer program. In addition, AC makes no declarations that the services or the affiliate Program will be uninterrupted or error-free and AC shall not be liable for any damages, whether direct, indirect, incidental or consequential, arising out of any interruptions or errors occurred as a consequence of your use of AC’s services or affiliate Program.

  19. You hereby agree to indemnify, defend and hold harmless AC, its shareholders, officers, directors, employees, agents, affiliates, successors and assigns, from and against any and all claims, losses, liabilities, damages or expense (including attorneys’ fees and costs) of any nature whatsoever incurred or suffered by AC (collectively the “losses”), insofar as the losses (or actions in respect thereof) arise out of or are based on: a) any claim or threatened claim that AC’s use of tour trademark(s), if any, infringes on the rights of any third party; b) the breach of any promise, covenant, representation or warranty made by you in these terrms and conditions; or c) any claim related to your web pages. AC’s indemnity rights shall not be limited or offset by any contributory negligence by AC. AC may participate in the defense at its expense.

  20. You, acting as the potential affiliate, warrant that you have the legal capacity to enter into a binding contract, and, if appropriate, have the authority to bind your principal or employers to these terms and conditions.

AFFILIATE PROGRAMS:

  1. Partnership Program:

    You will be paid a minimum of 50 % of the profits generated on AC’s websites from your traffic, which is not limited to signups but also on all your future renewals.The pay out percentage depends on the number of signups you generate.Signups will not be tracked by AC should the customer refuse to be tracked (by disabling cookies). The commissions paid for a specific signup by AC will be deducted from your account if that signup is identified as a fraudulent transaction.

  2. Pay per Signup (Flat fee) Program:

    You will be paid a minimum of 80% of the profits generated on AC’s websites from your traffic. The flat fee program does not pay out renewals!!. The pay out percentage depends on the number of signups you generate. Signups won’t be tracked by AC if the customer refuses to be tracked (by disabling cookies). The commissions paid for a specific signup by AC will be deducted from your account if that signup is identified as a fraudulent transaction. In both programs the dialler is integrated. The payout varies per country and can fluctuate without prior notice. Our dialerstatistics are updated daily.

PAYMENTS:

  1. The earnings due to you are calculated by AC. You can see the amount owed to you in the statistics section of affiliate.

  2. All payments will be made in Euro currency. The payment period is the end of each month. Payments are sent by AC within 5 days of the end of a payment period. No payment for less than € 100 will be issued. It is possible that you request AC to pay out only amounts that are higher than a certain fixed amount which should be at least € 100. Unpaid earnings are carried to the following payment period. The payments are made by checks or wire transfers. For payments made by check a € 10.00 fee will be deducted from the total amount.

  3. Using a fake payout name or filling out the application with false information is considered as a fraud (especially if you are caught cheating in another account). AC reserves the right to close ALL the accounts and void the payment of you caught cheating with one of his account. In the event that AC detects any sort of fraud made by you, AC will prosecute you to the fullest extent of the law.

  4. If affiliate is closed by AC, you will be notified and will be paid for all earnings generated up to that point in time, except in cases where it is determined that you has cheated by violating these terms and conditions.

  5. If you want to close a publicity account, you must contact AC and request for your account to be closed. In this case, AC will pay for all earnings generated up to that point in time, except in cases where it is determined that you have cheated by violating these terms and conditions.

  6. AC’s files will prevail in determining the amount of valid email subscribers an affiliate has generated.

  7. AC’s systems are responsible for tracking affiliate accounts, and are not liable for system downtime. Historically, AC has provided downtime compensation. Provided that downtime compensation is offered, AC will determine the exact amount of compensation. Each case is unique and the compensation depends upon the effect to subscriptions and payments. AC will have any and all final judgments regarding downtime compensation.

GENERAL:

  1. AC reserves the right to terminate this agreement or transfer an account from a publicity program to another at any time, for any reason, including, but not restricted to, profitability. In any case, you will be notified and will be paid for all earnings generated up to that point in time, except in cases where it is determined that you have cheated by violating these terms and conditions.

  2. If any of the these terms and conditions need to be changed, or new terms and conditions added, AC will post a notice on your statistic page. You will then have fourteen (14) days to respect the new condition should it apply to you before AC starts enforcing it. If you don’t respect the new condition after the said delay, your account will be terminated. Your continued use of AC’s affiliate Program, following AC’s posting of modifications or of a new set of terms and conditions on AC’s site, will constitute your binding acceptance of such a change in the terms and conditions.

  3. As an affiliate member you have to regard the following: upon termination of an affiliate’s account, the affiliate member must immediately cease using AC’s names, forms, banners, buttons, popup consoles, images and representations of AC thereof on their site.

  4. The services and affiliate Program licensed to you under these terms of agreement are protected by copyrights. You may not distribute, reproduce, decode, transmit or transfer, in whole or in part, any documentation or software codes contained herein without express prior written permission by AC.

  5. In case any one or more of the provisions contained in these terms and conditions shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision hereof, and this agreement shall be construed as if such invalid, illegal or unenforceable provision(s) had never been included.

  6. This agreement, the interpretation and execution thereof, and the relationship between you and AC, shall be governed by, and construed in accordance with, the laws of the Netherlands. Any claim or dispute arising either directly or indirectly out of this agreement shall be brought before the competent court of Haarlem, which court shall have exclusive jurisdiction. Notwithstanding the foregoing, AC shall have the right to institute any legal proceedings against you before the competent court in your home jurisdiction or elsewhere.