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General Terms and Conditions TargetSMS
Following you will find the General Terms and Conditions for participation in the partner-program of TargetSMS. If you agree to these General Terms and Conditions, it is assumed that you aware of the rights and obligations pertaining to the provisions of these terms and conditions.
Definitions
1. TargetSMS: The private limited liability company TargetMedia B.V., whose registered office is at Houtweg 29, 1251 CS Laren, The Netherlands, operating under VAT-number NL8042.24.481.B01, Chamber of Commerce file number 32061492.
2. Affiliate: Every natural or legal person, who has accepted the General Terms and Conditions and has been accepted by TargetMedia as an affiliate, in order to offer mobile services via the partner-program of TargetSMS.
Application and acceptance
1. Application as Affiliate implies that these General Terms and Conditions will be accepted and respected.
2. Acceptation as Affiliate is considered to have taken place, in case TargetSMS did not indicate within 7 days after receipt of the fully filled in digital application form in which Affiliate confirmed the acceptance of the General Terms and Conditions, that TargetSMS dit not accept the application.
Use
1. Affiliates are not allowed to use the partner-program for dealings and/or behaviours which act contrary to the appropriate legal provisions, the netiquette, the directives of the "Reclame Code Commissie", the Dutch Code of Conduct, the Belgian Code of Ethics, the agreement or these General Terms and Conditions. These includes among others, but not exclusively, the following dealings and behaviours:
- spamming: the unasked sending of large quantities of sms with the same content and/or the unasked sending of a message with the same content on the net in large numbers newsgroups;
- infringe on the copyright protected works or otherwise acting contrary to the intellectual right of ownership of third-parties;
- deception of third-parties.
Commission
1. The Affiliate can make a claim on a commission if TargetSMS registered a sale via the site of the Affiliate. When the Affiliate is a company, this commission is excluding VAT. In this case and according to the Dutch law, VAT will be calculated over the commission.
2. The registration of sales, as described on the website of TargetSMS, is binding for the Affiliate.
3. The Affiliate gives TargetSMS permission to draw up the credit notes for payment of the commission. If Affiliate wishes to take care of his own invoices, he/she has to consider this with TargetSMS.
4. Payment will take place 10 (10) weeks after the end of the month on the account number provided by the Affiliate. Commission amounts less than € 25.00 (twenty-five euros) will not be paid out, but will be saved up. In that case, payment will take place in the month at which the commission amount will be € 25.00 (twenty-five euros) or more;
5. If payment should take place on an account number abroad, the minimum commission amount should be € 50.00 (fifty euros). If the commission amount will be less than € 50.00 (fifty euros), payment will not take place in that month and will be saved. In that case, payment will take place in the month at which the commission amount will be € 50.00 (fifty euros) or more. In the event that TargetSMS has to pay bank costs of more than € 10.00 (ten euros) per transaction for abroad, this will be charged on the payment.
Termination
1. TargetSMS is entitled to terminate the Affiliate Agreement at any time at four (4) weeks'notice. Remaining in full force of her other rights, TargetSMS has authorization to terminate the agreement with the Affiliate immediately in case of:
- the Affiliate acting contrary to the General Conditions;
- the Affiliate acting contrary to the Dutch Code of Conduct and/or the Belgian Code of Ethics;
- the content of the sms messages of the Affiliate, in the opinion of TargetSMS, could act contrary to the public order or good manners, whether one way or the other could be scandalous or violent;
2. In all cases the Affiliate has the authorization to terminate the agreement with TargetSMS without period of notice, if there is no question of an (exclusivity) agreement next to these General Terms and Conditions. Only cancellation in writing is allowed by fully filled and undersigned cancellation form which you can send to TargetMedia B.V., Houtweg 29, 1251 CS in Laren (NH) The Netherlands.
3. At cancellation outstanding payments will be paid by TargetSMS, if the minimum outstanding amount is € 25.00 (twenty-five euros) for The Netherlands and € 50.00 (fifty euros) for abroad. TargetSMS will inform you about your outstanding commission amounts by credit invoice and the outstanding commission amounts will be paid ten (10) week after the end of the month in which the termination took place. No claims are possible by the Affiliate at amounts less than the minimum payment. These amounts fall to TargetSMS.
Secrecy
All information provided by you to TargetSMS will be handled strictly confidential.
Liability
1. TargetSMS shall not be liable for any damages or loss suffered by the Affiliate or third parties arising form the use of the rendered services;
2. TargetSMS does its utmost to keep the partner-programs reachable 24 hours a day, barring periodic maintenance, technical failure and circumstances beyond the control of TargetSMS. TargetSMS can not be held responsible for any loss of sales or other costs which will resulted form aforementioned;
3. The Affiliate commits himself to the obligations of the fiscal legislation and protect TargetSMS against all liability regarding this.
4. The Affiliate is responsible for the accuracy of the content of his own account data.
5. TargetSMS is not liable for any delays and/or failures in the payment due to incorrect or incomplete provided information.
Miscellaneous
1. The Affiliate will not make any promises to or on behalf of TargetSMS and will not make any commitments for or on behalf of TargetSMS.
2. The Affiliate is not authorized to transfer his/her Affiliate agreement or part of his/her Affiliate agreement to a third party.
3. TargetSMS is entitled to change the General Terms and Conditions at all times. The Affiliate will be notified of this by e-mail. If the Affiliate does not accept the altered General Terms and Conditions, the Affiliate is entitled to terminate the Affiliate Agreement. If the Affiliate does not terminate the Affiliate Agreement it is assumed that the Affiliate accepted the altered General Terms and Conditions.
4. If any definition of this agreement should be contrary to appropriate law, this definition will be altered in that way that it will be in accordance with the appropriate law in compliance with the purpose of the appropriate definition.
5. The General Terms and Conditions are solely governed by Dutch law. All disputes arising from it shall only be settled by the Competent Court in Amsterdam.
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