Effective date: November 3, 2022Below you can find the full terms of service for affiliates. Here are a few of the rules from the below affiliate program terms you should know about. No “gotchas” here, just some terms to keep everyone happy.
R. Buijs operating under the name Boei (hereinafter: Boei) is registered at the Dutch Chamber of Commerce with number 20145923 and is located at Palmstraat 40 (3572TD) in Utrecht (The Netherlands).
For the purpose of this agreement, the following terms have been given the following meaning:
1. Affiliate: a legal or natural person who (not) acts within the scope of his profession or business and promotes the Services of Boei. Affiliate can introduce potential customers to Boei by pointing potential customers to the programs developed by Boei;
2. Affiliate Commission: the fee that the Affiliate receives on the revenue generated from the license agreement concluded between Boei and the Referred Third Parties.
3. Third parties: any legal or natural person who acts within the scope of his profession or business and does not yet purchase a Service from Boei.
4. Service: the provision of software by Boei.
5. Customer: a legal or natural person who acts within the scope of his profession or business and who purchases a Service from Boei.
6. Time of application: the moment at which contact between a Third Party and Boei is established through the Affiliate link from Affiliate.
7. Agreement: this document, including any annexes, containing the terms and conditions for cooperation between the Parties.
8. Sold service: an agreement (meaning the delivery of a Service by Boei to the Customer) is deemed to have been concluded between the parties, within the meaning of Article 7:426 of the Dutch Civil Code, at the moment that the service has actually been paid to Boei by the Customer.
9. Parties: Boei and Affiliate hereinafter jointly referred to as: "Parties".
1. These Affiliate terms and conditions apply to every Affiliate that wishes to participate in Boei's Affiliate Program. To enroll in the Program, you must complete the registration process and agree to this Affiliate Agreement at www.boei.help/affiliate
2. Before a (distance) Agreement is concluded, the Affiliate will be provided with these Affiliate terms and conditions. If this is not reasonably possible, Boei will indicate to the Affiliate how the Affiliate can view the Affiliate terms and conditions.
3. Deviation from these Affiliate terms and conditions is not possible. In exceptional situations it is possible to deviate from the Affiliate terms and conditions, if and insofar explicitly agreed upon in writing by Boei.
4. If one or more provisions of these Affiliate terms and conditions are partially or wholly invalid or are annulled, the other provisions of these general terms and conditions will remain in force, and the invalid/nullified provision(s) will be replaced by a provision with the same purport as the original provision.
5. Uncertainties about the content, explanation or situations that are not regulated in these Affiliate terms and conditions must be assessed and explained in the spirit of these Affiliate terms and conditions. The agreements in the Agreement are leading and take precedence over these Affiliate terms and conditions.
6. The rights and obligations under the Agreement between the Parties cannot be transferred by the Affiliate to a third party unless Boei grants the Affiliate explicit and prior permission. Boei is free to attach further conditions to this.
7. If reference is made to she/her in these Affiliate terms and conditions, this should also be understood as a reference to he/him/are, if and insofar as applicable.
8. In the event that Boei has not always demanded compliance with these Affiliate terms and conditions, it retains its right to demand compliance with these Affiliate terms and conditions in whole or in part.
9. The parties expressly do not intend to enter into an employment contract within the meaning of Article 7:610 et seq. of the Dutch Civil Code.
1. This agreement has been entered into for an indefinite period of time and commences on [Date]
2. If the Affiliate is a natural person, the agreement will end by operation of law upon the death of the Affiliate.
3. The agreement can be terminated in writing by both parties with due observance of a notice period of one month.
4. Each of the parties is entitled to terminate the agreement immediately for an urgent reason, immediately communicated to the other party. In any case, this is understood to mean if one of the parties is granted a moratorium, bankruptcy has been filed or the company concerned ends due to liquidation or other than the merger or reconstruction of the company. Even if the Affiliate has not supplied any customers for a period of two months, Boei is entitled to terminate the agreement with immediate effect. If a situation as stated above occurs, Boei is never obliged to pay any compensation for whatever reason to the Affiliate.
5. Boei has the right to immediately terminate this Agreement in the event of any breach or non-performance of this Agreement. Boei also has this option if the Affiliate carries out actions that have a negative impact on Boei's corporate image and goodwill or in the case of a form of advertising that enables the registration of the paid promotion but allows a visitor to carry out these actions through fraud, attempted extortion, or other actions that violate agency. If one of these cases occurs, the right to any compensation lapses immediately.
6. Upon termination of this agreement for a reason as stated in paragraph 3, the Affiliate is entitled to the Affiliate commission of the turnover of Customers already introduced. For a period of six weeks after termination of this Agreement, the Affiliate reserves the right to charge Affiliate commission on the turnover of the Customers already referred.
1. The Parties undertake to perform their duties under this Agreement in good faith.
2. Affiliate operates without any employment relationship and will carry out its duties in complete independence. The Affiliate is exclusively involved in concluding agreements between Boei and third parties for the provision of a Service by Boei. The Affiliate receives commission on the turnover generated by Boei on the Customer.
3. The Affiliate is only entitled to a commission on the turnover generated by the license agreement concluded between Boei and the Referred Third Parties. The right to Affiliate commission exists as long as this agreement is in force, and during the mediated agreement between Boei and introduced Third Parties.
The agreement between Boei and Affiliate is not exclusive. Boei itself may also approach Third Parties to offer its Services. Boei always has the right, in addition to the Affiliate, to allow other third parties in any way whatsoever to directly or indirectly offer, sell or otherwise sell its Services to Third Parties.
Affiliate is free to mediate for other parties as well.
1. The Affiliate is obliged to ensure that the introduction of potential Customers is in accordance with the legislation and regulations of the country from where the activities are carried out.
2. Affiliate undertakes to introduce potential Customers at its own expense and risk. Any compensation for these activities will be made exclusively via the Affiliate commission. The Affiliate is not entitled to any other compensation for whatever reason.
3. The Affiliate undertakes to not express itself negatively about the services, employees, or Customers of Boei in any way whatsoever.
4. The Affiliate may not in any other way pretend to be a part of Boei or an employee of Boei without written permission from Boei. Boei always retains the right to withdraw its permission with regard to the use of the logo or trade name of Boei without stating any reasons, without the Affiliate being entitled to any compensation for whatever reason. The Affiliate is allowed to use the Boei logo, provided no changes are made to it.
5. The Affiliate is not permitted to engage third parties for the execution of this agreement without Boei's prior written permission.
6. Affiliate cannot be a customer acquired by Affiliate. Boei has the right not to pay the fees owed to the Affiliate in case of violation of this article.
7. Affiliate is obliged to act in good faith and solely in the interest of Boei and will under no circumstances violate the obligations under this agreement.
8. Affiliate is required by the FTC's "Guidelines Dot Com Disclosures" to notify this agency that it receives an Affiliate commission from Boei.
9. The Affiliate is prohibited from engaging in the following activities:
1. Boei will pay the Affiliate commission to the Affiliate in a timely manner.
2. Boei will provide the Affiliate with the necessary instructions and recommendations regarding the performance of the obligations under this Agreement.
3. Boei will provide the Affiliate with the necessary promotional material if necessary.
4. Boei may monitor Affiliate's activities.
5. Boei gives the Affiliate the opportunity to view the revenue generated from the license agreements concluded via the Affiliate link by means of a dashboard.
1. The Affiliate receives 33% of the turnover generated from the license agreement as concluded between Introduced Third Parties and Boei. For the payment of the Affiliate commission, the Referred Third Party is obliged to create an account within 30 days after it has been received via the Affiliate. If an account is not created by the Third Party Referred within this period of 30 days, no Affiliate commission will be paid by Boei to the Affiliate.
2. The Affiliate receives the Affiliate commission automatically via Boei's system within 60 days after the revenue has arrived at Boei. This is due to possible reversals
3. The payment of the reward is made monthly if the outstanding balance is more than $100.
4. The Affiliate commission on turnover is paid by Boei via the agreed method, being Paypal, an international account, Payoneer etc.
5. The applicable VAT rate is paid to the Affiliate on the Affiliate commission.
6. The Affilate Commission is stated and paid in US Dollars (USD).
1. Boei and the Affiliate undertake to maintain the confidentiality of all confidential information obtained in the context of this agreement, including the technical and commercial information obtained from the other party during the execution of this Agreement.
2. If, on the basis of a statutory provision or a court decision, Boei is obliged to (partly) provide the confidential information to the law or competent court or a designated third party, and Boei cannot invoke a right of nondisclosure, Boei is not obliged to any compensation and the Affiliate is not entitled to dissolve the agreement.
3. Boei and the Affiliate also impose the confidentiality obligation on the third parties to be engaged by them.
4. This confidentiality will remain in effect even after this agreement has ended.
5. In the event of a breach of confidentiality, the Affiliate will owe an immediately due and payable fine of EUR 5,000 (five thousand euros), without prejudice to Boei's right to also claim full compensation.
Boei's general terms and conditions apply to this agreement. The Affiliate's general terms and conditions expressly do not apply to this agreement.
1. Boei is not liable towards the Affiliate for whatever reason.
2. To the extent that the exclusion of liability is quashed in court, in that case Boei's liability is limited to the maximum compensation that Boei owed in the three months prior to the time of the event causing the damage. There is never any liability for indirect damage (such as consequential damage, lost turnover and profit, loss of data and immaterial damage).
3. If the Affiliate fails and/or acts unlawfully towards Boei, the Affiliate is liable for all damage suffered and to be suffered by Boei without Boei having to send a notice of default.
1. Parties do not process personal data for each other. Each of the parties qualifies as a controller within the meaning of Article 4(1) of the GDPR. As a result, the Parties do not have to conclude a processing agreement with each other within the meaning of Article 28 paragraph 3 GDPR.
2. The Affiliate guarantees and guarantees that the Affiliate strictly complies with the provisions of Article 13 of the GDPR and therefore has a lawful basis for providing the personal data of his/her customers to Boei. The Affiliate indemnifies Boei against any damage of whatever nature that Boei has suffered or may suffer at any time as a result of acts or omissions on the part of the Affiliate.
3. Affiliate declares and guarantees to process personal data, as defined in Article 4 under 1 GDPR, in a proper and careful manner and in accordance with applicable laws and regulations and any applicable code of conduct.
4. The Affiliate will not process or store the personal data for longer than necessary.
1. This agreement replaces all previous agreements and understandings concluded by the Parties and having a similar subject.
2. Under no circumstances may the rights and obligations arising from this Agreement be transferred to third parties without Boei's prior written consent.
3. The fact that one of the Parties fails to demand strict compliance with one of the contractual obligations should not be understood as the tacit waiver of the contractual rights that this Party has under the present Agreement and does not prevent the latter from subsequently to demand strict compliance with the relevant provisions or other provisions of this Agreement.
4. Affiliate will notify Boei of any change to relevant data no later than 14 days prior to the date of change. Payment to an incorrect bank account number as a result of the Affiliate's failure to provide a new or different bank account number (or IBAN number) is entirely at the expense and risk of the Affiliate. Boei has then paid liberatingly. In such a case, Boei cannot be obliged to pay again to the new account number.
1. Dutch law applies to this agreement.
2. If a provision of this agreement proves to be void or non-binding, the parties remain bound by the other provisions. The parties will replace the void and/or non-binding provision(s) with a binding provision, the purport of which is as much as possible the same as the provision(s) to be replaced, in the context of this agreement.
3. The competent court in the event of a dispute that cannot be resolved amicably is the Central Netherlands District Court, Utrecht location.