PARTNERS CONDITIONS

Below you will find the ClickSponsor Partner Conditions. We kindly ask you to read it carefully. By signing up as a partner, you agree to accept these Partner Conditions.

Content:

Article 1 – Definitions
Article 2 – Application and acceptance
Article 3 – Use
Article 4 – Commission
Article 5 – Payment
Article 6 – Nullity ClickSponsor Partnership
Article 7 – Termination ClickSponsor Partnership
Article 8 – Consequences of termination ClickSponsor Partnership
Article 9 – Liability
Article 10 – Miscellaneous

Article 1 – Definitions

In the Partner Conditions the following terms apply:

Website: www.ClickSponsor.co.uk
ClickSponsor: The owner, interested party and decision-maker of the website ClickSponsor.co.uk
Partner: any natural person of 18 years and older or legal person who has accepted the Partner Conditions and is accepted by ClickSponsor as a partner to make use of its Service.
Service: The provided Links to its Website by ClickSponsor, which provides access to online merchants for the purchase of products and/or services and the payment of commission to Partners who let Users make Successful Purchases through their Link.
Successful Purchase: An online purchase approved by the relevant webshop and for which ClickSponsor receives commission.
Link: a unique electronic connection for each Partner to the Website of ClickSponsor, which the Partner makes public or publishes via the internet.
User: any user of the internet who has access to the Website of ClickSponsor through a Link.

Article 2 – Application and acceptance

2.1 Any natural person aged 18 and over and any legal entity may register as a ClickSponsor Partner.

2.2 Application as ClickSponsor Partner implies that you accept and respect the Partner Conditions.

2.3 To get registered as a Partner at ClickSponsor, you must:

(a) fill in the application form as found on the Website of the ClickSponsor complete and truthfully;
(b) confirm that you accept the Partner Conditions by clicking on the login button included in the registration form; and
(c) be accepted as a Partner by ClickSponsor.

2.4 if, at the application as described in article 2.3 (a) and (b), you represent one or more others or an organisation, you must be competent to do so. In this regard there is no obligation towards ClickSponsor to investigate this.

2.5 ClickSponsor Informs you in principle within 14 days of receipt of the completed application form in accordance with article 2.3 sub a and b; whether you are accepted as a Partner by ClickSponsor.

2.6 ClickSponsor may refuse an application for its movering reasons, without having to provide explanations.

2.7 When you are accepted as a Partner by ClickSponsor, ClickSponsor may by means of its Website, expressions and campaigns as such, mention you, (if applicable) in connection with your logo;

Article 3 – Use

3.1 After registration as Partner ClickSponsor makes a Link with a unique Partner code available to the Partner.

3.2 The partner shall disclose the Link referred to in article 3.1 on the internet, in particular on his or her website (if the Partner has one) and in his or her advertisements and/or e-mail messages. To this end, ClickSponsor avails the Partner a so-called button and banner with the ClickSponsor logo.

3.3 Disclosure via the website referred to in article 3.2 implies that the button or banner mentioned in that article is placed in a prominent place on the homepage of the Partner’s website.

3.4 The Partner is solely responsible for the installation and use of the Link but will act at any time in accordance with the guidelines and instructions of ClickSponsor about it.

3.5 The Partner has the possibility to make use of other ClickSponsor available promotional materials, such as standardised e-mails and texts and flyers and posters. Any shipping costs in this context will be borne by Partner.

3.6 The Partner is entitled to use the ClickSponsor name and the (other) brands, logos and other distinguishing signs of ClickSponsor only for the purpose of disclosure of the Link and associated promotion of the Service according to the ClickSponsor Conditions. The Partner will always apply all instructions by ClickSponsor.

3.7 The Partner is not allowed to make changes in name of ClickSponsor and the (other) brands, logos and other distinguishing signs of ClickSponsor, and its use by the Partner may not be in any way (possibly) misleading or (possibly) harmful to ClickSponsor.

3.8 Without prejudice to the provisions of article 3.6 and 3.7, the Partner shall respect copyright, trademark and other rights of exclusive nature of ClickSponsor and third Parties.

3.9 The Partner will refrain from any act or omission which ClickSponsor and/or the Partner (possibly) acts in breach of the applicable laws and regulations. Among other things, it is not permitted that (by) the content of the Partner’s website or any (other) document (such as advertisements or E-mails) in which the partner has included a Link:

(a) discriminates against race, sex, religion or belief;
(b) develops, promotes or encourages illegal activities;
(c) may impair the good name and reputation of the ClickSponsor; and/or
(d) copyrights, trademark rights or other rights of ClickSponsor or any third party are violated.

3.10 If the Website of ClickSponsor encounters any inconvenience of the installation and/or use of a Link, ClickSponsor is entitled to block appropriate Link.

Article 4 – Commission

4.1 Without prejudice to article 5.3 in conjunction with 8.1 sub e and article 4.2 of the Partner Conditions, ClickSponsor commits to distribute 75% of the commission to the Partner received through a Link by ClickSponsor who has provided the relevant Link under article 3.1. In addition, the following definitions shall apply about the ClickSponsor received commission, the actual received commission by ClickSponsor via that Link from Sponsor-Clicks affiliated webshops or by representatives of these Webshops for individual transactions, with the exception of any separate bonuses for obtained sales volumes and/or turnovers.

4.2 If a purchase is returned and/or the payment is made, no commission is owed (anymore) to the Partner by ClickSponsor for the concerned purchase. Any commission already paid shall be refunded by the Partner to ClickSponsor. In the case of a partial return shipment, the commission will expire for almost all webshops. The additional transactions and costs in connection to these returns for the webshop implies that commission cannot be justified.

4.3 Click Sponsor provides the Partner with insight into how the commission is composed based on article 4.1 in conjunction with 4.2, each time payment takes place.

4.4 The commission’s terms are published per webshop on the Website of ClickSponsor and may be subject to change. The said percentages are calculated on the net purchase price, excluding other costs (such as shipping, reservation and administration costs) and indicate the ClickSponsor commission to be paid. In the event that, for any reason whatsoever, a previous commission issued to ClickSponsor is reverted or lowered, the related obligation for ClickSponsor to pay as described in article 4.1, shall effective immediately be disproportionately reduced, including for the period that the amendment has not yet been made visible on the ClickSponsor Website. If ClickSponsor in this case has already paid, the Partner-related commission is obliged to be repaid on the basis of nullity of the payments. ClickSponsor endeavours to make changes to the commission’s terms known as soon as possible on its Website, by adjusting the commission’s terms.

4.5 ClickSponsor endeavors to include the webshops that are desired by its Partners and/or Users on its Website and to contract the highest possible commission for the Partners.

4.6 ClickSponsor allows a Partner to exclude one or more specific webshops and/or categories of webshops. If a Partner wishes to apply this, ClickSponsor will ensure that the relevant webshop (s) and/or category (categories) is (are) no longer reachable for the Users of the Link of the Partner concerned.

Article 5 – Payment

5.1 Commission payments due by ClickSponsor to the Partner in accordance to article 4.1, in conjunction with 4.2 of the Partner Conditions, shall in compliance with articles 5.2 to 5.4 and 5.8, take place per month and directly on the account which the Partner has passed through the application form mentioned in article 2.3 of the Partner Conditions and which is registered as such at ClickSponsor. Any payment costs, with the exception of the administrative costs of ClickSponsor, are for the account of the Partner.

5.2 No payment will be made if the details of the Partner required for payment are not known to ClickSponsor. If it is suspected that the information required for payment is incorrect, no payout will be made until it is verified that the information is correct.

5.3 If the total commission due to the Partner by ClickSponsor within one month is less than € 50.00, no payment will be made in the month in question and the commission for that Partner will be transferred to the following month. Payment thereof will take place in the month in which the total amount of the commission is € 50.00 or more.

5.4 ClickSponsor does not owe interest to the Partner.

5.5 ClickSponsor is at all times entitled to offset what it owes to the Partner with any amount ClickSponsor can claim from the Partner in any way whatsoever.

5.6 In no way a (legal) ‘partnership’ or a relation of employer to employee is created or deemed to have been created between ClickSponsor and the Partner.

5.7 The Partner is responsible for the payment of any taxes and social charges payable on the basis of tax and social legislation in respect of payments made by ClickSponsor to the Partner. ClickSponsor does not assume any responsibility in this context.

5.8 Commission is paid without VAT.

Article 6 – Nullity ClickSponsor Partnership

6.1 If at any time there appears to be any abusive or fraudulent action by the Partner, for example because the Partner is in breach of article 2.3 in conjunction with 2.4 of the Partner Conditions (a) uses an unauthorized or other persons’ identity or (b) is represented unauthorized, the ClickSponsor Partnership is considered void by ClickSponsor.

6.2 If article 6.1 of the Partner Conditions is applicable: (a) all commission received by the Partner of ClickSponsor must be repaid to ClickSponsor within a reasonable period of time; and (b) all rights of Partner to any commission still due to ClickSponsor to Partner lapses.

6.3 In the event of nullity of the Partnership under Article 6.1, article 8.1 sub a to d of the Partner Conditions shall apply accordingly.

Article 7 – Termination ClickSponsor Partnership

7.1 The Partner is at all times entitled to terminate the Service with immediate effect. The Partner submits this by email to ClickSponsor. The moment of dispatch of the email is deemed to be the moment of termination of the Partnership within the meaning of article 8 of the Partner Conditions, unless ClickSponsor and the Partner expressly agrees otherwise.

7.2 Without prejudice to its other rights, ClickSponsor is entitled to terminate the Partnership with immediate effect, Inter alia, in the event that: (a) the Partner acts in breach of the Partner Conditions or otherwise fails to fulfil his or her obligations towards ClickSponsor; (b) the Partner’s website in the opinion of the ClickSponsor is (possibly) contrary to public order or morality, or may be offensive or violent in one way or another; (c) ClickSponsor could encounter or suffer damage in any way through the Partnership; and/or (d) the Partner in that capacity acts unlawfully against ClickSponsor and/or third parties, such as authors, publishers, producers and performing artists.

7.3 ClickSponsor inform the Partner by email of termination of the Partnership under article 7.2. The moment of dispatch of the email is deemed to be the moment of termination of the Partnership within the meaning of article 8 of the Partner Conditions, unless ClickSponsor and the Partner expressly agrees otherwise.

7.4 The Partnership shall be deemed to have been terminated if: (a) no successful purchase has been made for 6 consecutive months by Users through the Link of Partner; (b) no commission has been paid to the Partner for one year by ClickSponsor; or (c) the Service is no longer granted because the ClickSponsor Partner Program (hereinafter: Partner Program) has been halted.

Article 8 – Consequences of termination ClickSponsor Partnership

8.1 If, for any reason, the Partnership has been terminated or is deemed to have been terminated: (a) the Partner shall immediately cease to disclose the Link provided to him or her on the basis of article 3.1 of the Partner Conditions; (b) ClickSponsor is entitled to terminate the Link made available to the Partner pursuant to article 3.1 of the Partner Conditions; (c) ClickSponsor is authorised to block access to the ClickSponsor Website to the Partner; (d) the Partner is no longer entitled to use the name ClickSponsor and the (other) brands, logos and other distinguishing signs of ClickSponsor in accordance with the provisions of articles 3.6 and 3.7 of the Partner Conditions ; and (e) the Partner cannot claim to be entitled to the commission on the basis of article 4.1 in conjunction with 4.2 of the Partner Conditions, with the exception of the commission in respect of successful purchases made by Users of the Partner Link before their Partnership was terminated or considered to have been terminated, without prejudice to the fact that the commission payable by ClickSponsor to a Partner in total of less than €50.00 will not be paid. If the commission payable by ClickSponsor to the Partner in full in respect of Successful Purchases made by Users of the Link of Partner before its Partnership was terminated or deemed terminated, is less than €50.00, the obligation of ClickSponsor to pay the relevant commission and all rights of the Partner in this respect lapse.

8.2 Without prejudice to the provisions in article 8.1 under e and article 9 of the Partner Conditions, ClickSponsor and the Partner will not be entitled to any compensation by the other party in connection with the termination of the Partnership and hereby waive any right to any (damage) fee.

Article 9 – Liability

9.1 The Partner is fully responsible and liable for his or her use, the development and maintenance, the functioning and content of his or her website and all (other) documents (such as advertisements and E-mails) in which a Link from ClickSponsor Is included. The Partner indemnifies ClickSponsor against all claims in this regard.

9.2 Unless there is intentional and/or gross negligence by ClickSponsor, ClickSponsor is not liable for any damages and/or costs incurred by the Partner in connection with participation in the Partner Program, such as – but not limited to – damages and/or costs resulting from the improper functioning of the ClickSponsor Website, technical failures, etc.

9.3 ClickSponsor shall not be liable for any damages and/or costs arising from the use or omission of webshops accessible through its Website or by representatives of webshops, such as – but not limited to – damage and/or costs arising from improper functioning of their websites, technical failures, errors and inaccuracies in reporting, disapproving a purchase, etc. ClickSponsor is also not responsible and liable for the content of their websites.

9.4 The Partner is fully responsible and liable for any damages and/or costs arising from errors and inaccuracies in the application form referred to in article 2.3 of the Partner Conditions and completed by the Partner. Errors and inaccuracies in this context are also understood by the Partner to be not or not timely communicated changes. The Partner indemnifies ClickSponsor against all claims in this regard.

9.5 ClickSponsor shall not be liable for any damages and/or costs arising from misuse and/or fraudulent action by the Partner, for example by the Partner violating article 2.3, in conjunction with 2.4 of the Partner Conditions (a), unauthorized use of one or another persons’ identity or (b) unauthorized representation.

9.6 Under article 5.7 of the Partner Conditions, the Partner guarantees that all obligations under fiscal and social legislation are met and indemnifies ClickSponsor against all claims in this regard.

9.7 The Service is set up and provided with the utmost care. If the notification of ClickSponsor still have errors or mistakes, ClickSponsor cannot be held liable for any damages and/or costs arising from manifest errors and inaccuracies.

Article 10 – Miscellaneous

10.1 The Partner shall never arise as an agent or representative of the ClickSponsor and will not, in particular, make any commitments or obligations arising out of or on behalf of ClickSponsor.

10.2 The Partner is not entitled to transfer (part of) his or her Partnership to a third party, unless ClickSponsor has given its written consent.

10.3 ClickSponsor is at all times entitled to change the Partner Conditions. The Partner will be notified electronically. In the event that the amended Partner Conditions are not acceptable to the Partner, the Partner is entitled to terminate the Partnership in accordance with article 7.1 of the Partner Conditions. If the Partner does not terminate the Partnership within 14 days of the aforementioned notification, the Partner will be deemed to have accepted the amended Partner Conditions.

10.4 If one or more provisions of these Partner Conditions at any time in whole or in part prove to be void or destroyed, then the Partner Conditions remain otherwise fully applicable. ClickSponsor will then amend the provision (s) in such a way that it is/are in accordance with the applicable law, respecting the purpose and scope of the original provision (s) as much as possible.

10.5 If a situation occurs between ClickSponsor and the Partner that is not regulated in the Partner Conditions, then this situation must be assessed in the spirit of the Partner Conditions.

10.6 If ClickSponsor does not always demand strict compliance with the Partner Conditions, this does not mean that its provisions do not apply, or that ClickSponsor would lose the right to require in other cases the punctual observance of the provisions of the Partner Conditions to any extent.