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Terms and Conditions for participation in the „Cash4Flirt“ affiliate
CRYSTAL IT SOLUTION SP.ZO.O
86/210 Hoza Str.
These Terms and Conditions are valid from: Nov 1st, 2013
CRYSTAL IT SOLUTION SP.ZO.O, through its „Cash4flirt“ affiliate programme, offers the possibility of advertising (on a commission basis) Internet sites and products exhaustively listed on the affiliate programme webpages (Cash4Flirt system). Natural or legal persons wishing to advertise under this affiliate programme and entering into a contractual relationship with CRYSTAL IT SOLUTION SP.ZO.O, are referred to hereinafter as „Webmasters“.
CRYSTAL IT SOLUTION SP.ZO.O, within the scope of the affiliate programme, enters into no contractual relationships with consumers, which is why the latter are excluded from becoming Webmasters. Webmasters are at least entrepreneurially active within the scope of the affiliate programme as a result of the commercial advertising they perform.
CRYSTAL IT SOLUTION SP.ZO.O is willing to enter into contracts solely on the basis of these Terms and Conditions („T&Cs“). This applies regardless of any references by the Webmaster to its own terms and conditions of any kind whatsoever, which are not therefore a component of the contract between the Webmaster and CRYSTAL IT SOLUTION SP.ZO.O Provisions which deviate from this apply only if CRYSTAL IT SOLUTION SP.ZO.O has expressly agreed to them in writing.
The contractual language is German. With regard to Enterkom’s published translations of its websites, Terms and Conditions and contract forms, only the German version is binding in the event of linguistic ambiguities and other cases of doubt. All contract amendments must be in writing. Any departure from this requirement must also be in writing.
Planned changes to these Terms and Conditions will be made known to the Webmaster at least two weeks prior to their entry into force, by letter, fax or email. The Webmaster can object to the entry into force of these changes by letter or fax. If, by the time of the entry into force of the changes, no declaration from Webmaster has been received, this is considered as acceptance of the modified Terms and Conditions. In the case of a timely objection by the Webmaster then the changes proposed in relation to this Webmaster will not come into effect: the original Terms and Conditions as accepted by the Webmaster will continue to apply. However, CRYSTAL IT SOLUTION SP.ZO.O reserves the right to bind the Webmaster to the amended Terms and Conditions if the latter requests an extension of its advertising activities within the scope of the affiliate programme. Reference is made at this point to the possibility of ordinary termination in accordance with Section 7.1.
2. Contract conclusion and duration
By sending a completed registration form via the Cash4Flirt system, interested parties thereby submit their contractual offer vis-à-vis CRYSTAL IT SOLUTION SP.ZO.O Interested parties are bound to this offer for two weeks as from the date of its submission. Acceptance of the contract by CRYSTAL IT SOLUTION SP.ZO.O is deemed to have occurred following acceptance made in writing by letter, fax or email or by the submission of all necessary access data for the use of the affiliate programme and for the activation of the Webmaster account on the Cash4Flirt system. CRYSTAL IT SOLUTION SP.ZO.O reserves the right to accept or reject a contractual offer without giving reasons.
The contracts are concluded for an indefinite period unless a different arrangement is explicitly made in the contract itself.
Each Webmaster may create just one account („Main Account“) within the scope of the Cash4Flirt affiliate programme. This account is the basis for the payment of commission. If required, however, administrative „Subaccounts“ may be created subordinate to the Main Account. A Webmaster can thus itself allow persons or a group of people defined access options subordinate to the Main Account. All activities within the scope of the affiliate programme must be assigned to a Main Account.
Under this affiliate programme, CRYSTAL IT SOLUTION SP.ZO.O provides the Webmaster with numerous diverse advertising materials from various advertising partners, as well as tools for the implementation of its advertising activities. Upon inclusion of the individual advertising activity, specifically identified conditions are created in the Cash4Flirt system corresponding to individual agreements with the Webmaster. For the implemented agreed advertising activity, CRYSTAL IT SOLUTION SP.ZO.O will issue the Webmaster a monthly commission statement on the basis of the selected commission model(s) and on the basis of the commission rules/criteria specifically identified on the Cash4Flirt system. This statement may vary accordingly to the advertising activities undertaken, the advertising media chosen, the operative Webmaster and the authorising advertising partners.
Within the scope of the Cash4Flirt system, there is individual and summative information displayed as to which media a Webmaster may use and in which countries advertising may be carried out. Insofar as advertising with materials generated by the Webmaster itself is possible and permissible due to the authorisation of a single advertising partner, any requirements regarding system design, copywriting, technical characteristics, possible uses and any other restrictions are reported on the Cash4Flirt system. The Webmaster must in each case observe the relevant legal provisions, for example in the areas of copyright and personal rights. Sections 5 and 8 should be noted in this respect.
CRYSTAL IT SOLUTION SP.ZO.O will produce statistics for each Webmaster regarding the effectiveness of its advertising.
CRYSTAL IT SOLUTION SP.ZO.O will likewise make software and/or other technical tools available to the Webmaster for running various statistical analyses themselves. However, the analyses undertaken made by the Webmaster itself may serve at any time as the basis for a claim for/calculation of commission due from the Webmaster.
4. Commission and payment
The calculation of the amount of commission due occurs exclusively on the basis of the principles laid down in the commission arrangements set out in the Cash4flirt system methods and principles.
The Webmaster must itself bear the costs incurred of all of its advertising activities and of the advertising spaces used in this context (e.g. operating and maintaining its websites where it undertakes the advertising activity).
If the Webmaster unduly influences the calculation basis of the commission, for example by automated clicking of advertising banners, by entering its own or other parties‘ data, by inciting end users to input incorrect data or by manipulating or circumventing advertising media, then the Webmaster’s commission for the relevant month and the appropriate advertising partners will be completely forfeited. The Webmaster is required in this case to pay a contractual penalty amounting to €500.00.
CRYSTAL IT SOLUTION SP.ZO.O reserves the right to exclude the reseller (Webmaster) from participation in the affiliate programme. This is especially true in cases of breaches of contract or if on a site belonging to the reseller (Webmaster) there is child pornography, bestiality/sodomy (pornography with animals), violence, discriminatory statements or representations with respect to race, sex, religion, nationality, sexual orientation or disability, of if such sites have hyperlinks to other sites with content of this nature.
The reseller (Webmaster) is further prohibited from using automatically generated leads, multiple applications, co-registration, microworkers, paid leads, bots, etc. in generating revenue (e.g. for the „pay-per-lead“ payment model…). Monitoring of the leads generated by the Webmaster is carried out by CRYSTAL IT SOLUTION SP.ZO.O
Moreover, if there are abnormalities regarding the account, CRYSTAL IT SOLUTION SP.ZO.O reserves the right to temporarily close the account for security reasons, or to change the commission type of the affiliate (e.g. revshare). Unlocking of the account will occur following the full clarification of the matter.
The instructions for payment of commission to the Webmaster will occur on the 20th of the month following the month billed. If the 20th day of the month is a Saturday, Sunday or public holiday in Germany, then the instruction or payment will occur on the next subsequent business day.
A change to payment type and/or payment dates by the reseller (Webmaster), if made between 14th and 20th of the month, will not become effective for the next payment period until the 21st of the month and is thus not taken into account until the next payment.
Is a precondition for payment that the calculated commission – as accumulated for all advertising activities carried out according to the agreement – reaches the minimum payment threshold set for the Webmaster on the Cash4Flirt system. The minimum payout amount is fundamentally dependent on the selected payment type (bank transfer, cheque) and the country where the Webmaster’s work is based (and ranges between 50 and 150). However, the Webmaster has the option within the Cash4Flirt system of setting itself a different, higher minimum payment threshold. If the minimum payment threshold is not reached in one month, then the monthly commission will be accumulated (for a maximum period of 3 years) until the minimum payment threshold is reached. The Webmaster will not receive payment until such time.
The bank charges and fees incurred in effecting payment shall be borne by the Webmaster and will be deducted in advance from the commission amount by CRYSTAL IT SOLUTION SP.ZO.O. This deduction does not affect the payment threshold.
If the Webmaster’s calculated commission does not reach the minimum payment threshold within a period of three years, CRYSTAL IT SOLUTION SP.ZO.O will inform the Webmaster of this fact by email sent in advance to the email address listed on the cash4Flirt system. The payment of commission accumulated up to this point will occur subject to the condition that the Webmaster declares the termination of its Cash4Flirt account within 4 weeks.
The bank fees and charges incurred in payment in this case shall be borne by the Webmaster and will be deducted from the commission paid by CRYSTAL IT SOLUTION SP.ZO.O
If CRYSTAL IT SOLUTION SP.ZO.O cannot effect the cumulative commission payment to the Webmaster, the Webmaster’s account will be disabled and the unbilled commission will expire.
No interest is payable on the commission.
The Webmaster is entitled to interest at the statutory rate only in the case of indebted arrears by CRYSTAL IT SOLUTION SP.ZO.O in the payment of the accounted commission. In this case, any additional claims of the Webmaster for damages will be settled at a flat rate of €100, insofar as CRYSTAL IT SOLUTION SP.ZO.O demonstrates the occurrence and causality of any additional damage by the Webmaster.
Unredeemed/unpaid cash commission or commission in kind (e.g. due to not reaching minimum payment threshold) will expire after one year.
5. Obligations of the Webmaster
5.1 Disclosure and updating of information
The Webmaster must truthfully and fully specify all relevant data, and must inform CRYSTAL IT SOLUTION SP.ZO.O (in writing or directly through the Cash4Flirt system) of any changes to its name, company name, legal form (GmbH, AG, etc.), power of representation and of any change of address/contact details, of the loss of is legal capacity or business licence, of any application for insolvency proceedings against its assets, of changes concerning its VAT liability, as well as of changes to its bank details for the settlement of commission, as stored on the Cash4Flirt system.
VAT-registered Webmasters are expressly obliged to submit their VAT no. to CRYSTAL IT SOLUTION SP.ZO.O (This is usually done on the Cash4Flirt system registration form). The Webmaster expressly declares to CRYSTAL IT SOLUTION SP.ZO.O that it is not subject to VAT, insofar as and so long as the Webmaster does not give CRYSTAL IT SOLUTION SP.ZO.O any (valid) VAT number. A retrospective consideration of the aforementioned circumstance for commission calculation is excluded. If additional claims are asserted by the competent tax office towards CRYSTAL IT SOLUTION SP.ZO.O due to the Webmaster’s misrepresentation regarding its VAT liability, then CRYSTAL IT SOLUTION SP.ZO.O is entitled to require additional evidence (excerpt from register of commerce, business registration) and, where appropriate, to assert claims for refunds from the Webmaster within 7 working days.
5.2 Delivery of declarations to the Webmaster
NICE MARKETING & PROMOTIONS L.P. is entitled to submit legally relevant declarations (e.g. termination, invoices/credit notes, etc.) to the Webmaster via email. Such declarations sent to the Webmaster via email are deemed to have been received if they arrive on the Webmaster’s mail server and the Webmaster can access them under ordinary circumstances. If a Webmaster fails to notify a change to or the deletion of its email address as submitted on the Cash4Flirt system, resulting in CRYSTAL IT SOLUTION SP.ZO.O sending declarations to the last known email address, then these declarations are nevertheless deemed to have been received.
5.3 Confidentiality of login information
The Webmaster must keep its Cash4Flirt system login information confidential and ensure for its own sphere that no data is made available to third parties. The Webmaster is liable for acts performed using this login information if the Webmaster communicated it to third parties or if the latter have become aware of it through the Webmaster’s fault, e.g. if it held this data without due care (without precaution against unauthorised access).
The Webmaster must inform CRYSTAL IT SOLUTION SP.ZO.O immediately of circumstances that give reason it to believe that unauthorised third parties have gained access to the Cash4Flirt system, e.g. though loss, theft or unauthorised use of login information by third parties.
The provision, toleration and use of unauthorised access to the Cash4Flirt system and the bypassing of security blocks constitute a breach of contract and may result in criminal and civil court proceedings.
5.4 Advertising and the media deployed in this
The Webmaster, in the context of participation with CRYSTAL IT SOLUTION SP.ZO.O, is obliged to strictly observe the applicable statutory regulations in the creation and operation of its websites and the advertising activity its undertakes, and to refrain from publishing any illegal or inappropriate content and from violating the rights of third parties, these Terms and Conditions or „common decency“.
All obligations listed regard the Webmaster in particular in the creation, optical configuration and operation of the websites which it draws on (regardless of whether the Website is itself the website owner, or is using the website of a contractual partner for this purpose).
The Webmaster is specifically obliged to refrain from infringing any copyright and/or performance rights or any personal rights of third parties, and from advertising activities which are prohibited by law. Furthermore, the Webmaster (see Section 3.1) must observe the limitations prescribed by the authorising advertising partners on the Cash4Flirt system.
5.5 Prohibited advertising
The Webmaster is strictly prohibited from the direct advertising of the offers and from the sending/carrying out of unwanted and dishonest advertising by phone, email, fax, SMS, MMS, or in other any way. The Webmaster in particular undertakes to comply with all laws and regulations, voluntary and customary restrictions and rules, both in the country of the recipient and in the country of the recipient of the advertising (e.g. double opt-in, consent for the sending or forwarding of unsolicited emails). The authorising advertising partners and CRYSTAL IT SOLUTION SP.ZO.O are entitled to set restrictions which exceed those above. The Webmaster must also adhere to such additional restrictions.
The Webmaster is in particular prohibited from carrying out advertising in which the identity of the sender or the sender’s actual address is deliberately falsified or concealed, or in which messages are sent to recipients who have not given their express consent to receive messages, or in which messages from which the recipient has not been able to unsubscribe or only under with difficulty.
5.6 Consent for data disclosure in the event of suspected prohibited advertising
If CRYSTAL IT SOLUTION SP.ZO.O becomes aware of the sending and/or carrying out of prohibited advertising, the Webmaster hereby permits CRYSTAL IT SOLUTION SP.ZO.O – without the need for further request – to release all personal data known to CRYSTAL IT SOLUTION SP.ZO.O (exclusively that which concerns the Webmaster itself) to the investigating authorities and to the parties claiming to be the recipient of the prohibited advertising.
5.7 Consequences of prohibited advertising
In all cases of prohibited advertising, all Webmaster claims for commission vis-à-vis CRYSTAL IT SOLUTION SP.ZO.O arising as a result of the prohibited advertising shall be forfeited.
In addition, CRYSTAL IT SOLUTION SP.ZO.O reserves the right to take legal action against the respective Webmaster, to block the account of the Webmaster on the Cash4Flirt system, and to declare an extraordinary termination of contract.
The Webmaster is also required for each case of prohibited advertising (e.g. per single prohibited advertising email) to pay a contractual penalty in the amount of EUR 1000.00 to CRYSTAL IT SOLUTION SP.ZO.O
NICE MARKETING & PROMOTIONS L.P. reserves the right to demand restitution for additional damages.
Reference is made to Section 5.9.
5.8 Suspicion of prohibited advertising and rebuttal by the Webmaster
Point 5.7 Paragraph 2 shall apply mutatis mutandis. For the period up to the final clarification of the facts, and in regulatory proceedings until the entry into force of the relevant decision, CRYSTAL IT SOLUTION SP.ZO.O will suspend payment of the Webmaster’s claims for commission vis-à-vis CRYSTAL IT SOLUTION SP.ZO.O which are allegedly based on prohibited advertising.
A suspicion of the Webmaster sending prohibited advertising may only be eliminated by the Webmaster presenting evidence which clearly shows that it has not carried out any prohibited advertising, or by submitting a sworn statement that no third persons or entities have undertaken prohibited advertising on behalf of Webmaster. The Webmaster must submit a copy of such documents to CRYSTAL IT SOLUTION SP.ZO.O upon request within 3 working days and must provide the originals within 7 working days.
NICE MARKETING & PROMOTIONS L.P. will inform the Webmaster of the suspicion of prohibited advertising having been carried out and will ask it to provide evidence. Reference is made to Section 5.9 Paragraph 3.
5.9 Obligation to indemnify and hold harmless
The Webmaster undertakes to indemnify and hold harmless CRYSTAL IT SOLUTION SP.ZO.O and the relevant advertising partner in respect of any claims by third parties, where such claims are asserted due to prohibited advertising attributable to the Webmaster. This also applies to all other cases in which the Webmaster is responsible for a violation of law, of third-party rights, of these Terms and Conditions or of „common decency“, where CRYSTAL IT SOLUTION SP.ZO.O or the affected advertising partner have claims made against them, regardless of whether the unauthorised advertising was performed by the Webmaster itself or on its behalf by a third party.
With regard to compliance with all legal obligations and obligations under these Terms and Conditions, the Webmaster is solely responsible for advertising it undertake (or by a third party on its behalf), and is obliged to provide proof of compliance to CRYSTAL IT SOLUTION SP.ZO.O and to the advertising partner.
In the event that a third party asserts a civil or criminal claim against CRYSTAL IT SOLUTION SP.ZO.O or the advertising partner due to advertising activities conducted by the Webmaster itself (or by a third party on its behalf), the Webmaster is obliged to present CRYSTAL IT SOLUTION SP.ZO.O and the advertising partner with all original documents and evidence necessary for legal defence within 7 working days of the request by CRYSTAL IT SOLUTION SP.ZO.O or the advertising partner.
5.10 Prohibition of malware
No viruses, Trojan horses, worms, time bombs, cancelbots or other data, program routines or content which may damage the software or hardware of CRYSTAL IT SOLUTION SP.ZO.O, its customers or third parties third party, transmitted or distributed may be transmitted or distributed on or via „cash4flirt.com“ websites. This applies to all forms of advertising used, and to websites which advertise „cash4flirt.com“ products.
5.11 Use of protected works from the affiliate programme
Reference is made to Section 8. Upon ordinary or extraordinary termination, all rights of the Webmaster to the advertising materials authorised by advertising partners and submitted to the Cash4Flirt system expire. The Webmaster is responsible for meeting all technical, organisational and staffing arrangements to ensure that from that date forward, no more advertising materials in any form are used by the Webmaster or by third parties acting on its behalf, and for all advertising being completely and irretrievably deleted from the systems. The same applies to the Webmaster with regard to the tools provided within the scope of the Cash4Flirt system.
6. Confidentiality obligations
„Confidential data and information“ within the meaning of these Terms and Conditions include, with the exception of the data and information stated in Section 6.4, all data and information of each party entrusted or otherwise made available to the other party in the course of the commercial relationship. This is regardless of whether or not the data/information is deemed to be personal data or „business or trade secrets“ and protected under the Scottish Criminal Code; it is furthermore regardless of whether the data/information entrusted, made accessible or stored is in written, spoken or electronic form or, finally, regardless of its designation and content, insofar as any doubt as to a legitimate interest in confidentiality is to be assumed.
„Confidential data and information“ thus constitutes, by way of example – and with the exception of the data and information stated in Section 6.4 – all customer data, system data, draft contracts, know-how, analysis, calculations, internal company matters, market strategies, business ideas, etc.
Furthermore, „confidential data and information“ extends to all data and information which, though they do not directly concern CRYSTAL IT SOLUTION SP.ZO.O’s „confidential data/information“ or the Webmaster’s account, is however data and information from advertising partners of the Cash4Flirt affiliate programme.
Exempted from the confidentiality obligation is data and information for which it has been proven that:
it is accessible to the public other than by breach of these Terms and Conditions, for instance via the Cash4Flirt website;
it must be made available (or may be made available) to authorities or courts due to legal provisions;
the party disclosing the data/information has expressly approved disclosure in writing;
it concerns advertising materials, provided they are used for the purposes of the Cash4Flirt affiliate programme in compliance with the obligations under these Terms and Conditions.
The publisher agrees not to disclose any confidential data and information, and not to use it for any other purpose whatsoever, other than for use in this affiliate program for advertising performed in accordance with the agreement.
Furthermore, the Webmaster may only forward confidential data and information within the meaning of Sections 6.1 to 6.3 to those persons (e.g. members of the management team, employees, consultants and agents) who are subject to confidentiality obligations corresponding to Section 6 – and this must extend beyond the duration of their contractual relations with the Webmaster.
The Webmaster shall protect the confidential data and information as defined by the other party with the utmost care, and shall store and treat this data and information in such a way as to reliably impede the unauthorised use, dissemination or disclosure of confidential data and information.
Insofar as a breach of this confidentiality agreement concerns confidential data and information belonging to a company which is affiliated to CRYSTAL IT SOLUTION SP.ZO.O either on a corporate or Group level, then the present confidentiality agreement is deemed to be a „contract for the benefit of third parties“, such that each company whose confidentiality interests are affected by a breach of a contractual provision, is independently and directly justified to assert claims and bring actions – including with regard to contractual penalties (see Section 13).
Objects and other embodied information within the meaning of the confidentiality agreement (including data storage media) which are ceded to the receiving party by the disclosing party (with regard to the given data and information in each case) shall remain the property of the disclosing party. They are to be returned at any time following a written request from the disclosing party, or demonstrably destroyed by the receiving party at the latter’s expense. The return or demonstrable destruction must be effected within 7 days of receipt of the request.
The disclosing party retains all rights to confidential data and information, and grants the party receiving the information or data no rights or licences thereto.
This confidentiality agreement remains effective for a period of 3 years after cessation of joint operations, regardless of the manner or reason for which the joint operations are terminated. After this period, the confidentiality agreement shall terminate automatically without requiring any notice or other declaration of intent. The obligation to maintain data confidentiality is of course unaffected by this.
Ordinary termination made be effected at any time in writing by either party without giving reasons, by giving 7 working days‘ notice to the end of the month. The contract may be terminated either
by post to
CRYSTAL IT SOLUTION SP.ZO.O
86/210 Hoza Str.
or by email to firstname.lastname@example.org.
The right to immediate extraordinary termination for cause („termination without notice“) remains unaffected for both parties. Grounds which entitle CRYSTAL IT SOLUTION SP.ZO.O to immediately block the Webmaster’s account, and to terminate without notice, include in particular:
false or illegal information provided by the Webmaster within the scope of contract conclusion or of
the ongoing contractual relationship;
misuse of the services provided (e.g. attempting to entice other members/network participants);
disclosure of access to third parties;
creating illegal content in advertising undertaken by the Webmaster itself, or by third parties acting on its behalf;
impairment or damage to the functioning of the Cash4Flirt system, even if partial;
a repeated (despite a warning) or a serious one-off breach of these terms and conditions, such that it is unreasonable for the Seller to abide by the contract (e.g. spreading of viruses, impermissible influencing of the commission basis, etc.)
8. Copyright and ancillary copyright
All advertising materials authorised on the Cash4Flirt system by advertising partners are copyright protected and ancillary copyright-protected. Usage is only allowed for the purpose of advertising activities in the context and for the purposes of this affiliate programme. Any other and/or further use, licensing or other exploitation is strictly excluded.
Modifying and/or changing the advertising material is permitted only for the purposes of the advertising activities in the context and for the purposes of this affiliate programme. The Webmaster must extensively document any such modifications and/or changes to the advertising materials for the advertising partner and for CRYSTAL IT SOLUTION SP.ZO.O and submit them via email or fax at least 24 hours before use. If the advertising partner (or CRYSTAL IT SOLUTION SP.ZO.O on its behalf) does not object to their use within 24 hours, then the Webmaster has the revocable consent to use the indicated advertising material as modified and/or changed.
Provided that the advertising partner (or CRYSTAL IT SOLUTION SP.ZO.O on its behalf) cannot – for any reason whatsoever – sufficiently examine of the modifications and/or changes indicated within the 24-hour time limit so as to be able to express its consent or opposition to the use of the materials by the Webmaster, then the advertising partner (or CRYSTAL IT SOLUTION SP.ZO.O on its behalf) will inform the Webmaster of this fact. The time limit is thereby automatically extended by 3 business days.
The software provided to the Webmaster by CRYSTAL IT SOLUTION SP.ZO.O and/or other technical options so that the Webmaster itself can run various statistical analyses (see Section 3.5) is also under copyright and ancillary copyright. Its use is allowed only within the scope of the affiliate programme. Any other and/or further use, licensing, modification, disclosure, publication, change or other exploitation is strictly excluded.
Any improper use of the authorised advertising materials, of the software provided to the Webmaster and/or of other technical options enabling the Webmaster to itself run various statistical analyses, will automatically cause civil and criminal action to be taken by the advertising partner or by CRYSTAL IT SOLUTION SP.ZO.O
CRYSTAL IT SOLUTION SP.ZO.O provides its services with the highest possible levels of reliability and availability. Each system maintenance operation and update of any websites of the Cash4Flirt system, however, results in the affiliate programme being only partially available during this time, or even in it being completely unavailable for a short time; however, ongoing updates of the security systems and installation of new facilities by CRYSTAL IT SOLUTION SP.ZO.O are performed in the precise interests of the Webmaster.
100% availability of Cash4Flirt system – in terms of time and location – is thus impossible and therefore is not agreed between the parties. The parties instead agree, as part of the contract, to a 90% annual average minimum availability of the Cash4Flirt system.
The availability of advertising service offers is the responsibility of the respective service operator.
10. Liability and warranty
The Webmaster acknowledges and agrees that the goods and services offered (products, services and websites of the advertising partners on which Webmaster advertises within this affiliate programme) are mainly of erotic content. CRYSTAL IT SOLUTION SP.ZO.O assumes no liability for any disliking of the goods and services offered and/or of the advertising partners‘ individual content, nor for the Webmaster actually being allowed to advertise for an advertising partner.
CRYSTAL IT SOLUTION SP.ZO.O accepts no liability for damage (which it causes itself or which is caused by persons for whom it is responsible, e.g. subcontractors), insofar as the damage is not damage to the person or is caused intentionally or by gross negligence.
11. Transfer of contract
The Webmaster may transfer its account and individual rights from it to a third party only if CRYSTAL IT SOLUTION SP.ZO.O gives its written consent. CRYSTAL IT SOLUTION SP.ZO.O may refuse such consent without giving reasons. If CRYSTAL IT SOLUTION SP.ZO.O consents to a transfer of this sort, then all the rights and obligations are transferred to the third party. Notwithstanding this, the Webmaster remains responsible vis-à-vis CRYSTAL IT SOLUTION SP.ZO.O for all liabilities arising from the period prior to transfer. The same applies with regard to the Webmaster’s obligation to indemnify and hold harmless pursuant to Section 5.9, for advertising activities occurring before the transfer.
12. Data protection policy
CRYSTAL IT SOLUTION SP.ZO.O collects and processes data which is „transmitted by the Webmaster“, „automatically collected“ and disclosed to CRYSTAL IT SOLUTION SP.ZO.O by third parties. Furthermore, CRYSTAL IT SOLUTION SP.ZO.O collects and processes all correspondence with the Webmaster. The Webmaster hereby declares its consent – which can be revoked at any time – for the collection and processing of this data.
Data which is „transmitted by the Webmaster“ comprises: surname and first name, academic title, date of birth, company name, name of authorised representative, VAT number (if applicable), residential or business address, contact information for correspondence, user name, password, email address, phone number, fax number, bank details.
Data which is „automatically collected“ comprises: a) commission; Internet Protocol (IP) address of the Webmaster’s computer connecting to the Internet (when connecting to Cash4Flirt)
CRYSTAL IT SOLUTION SP.ZO.O may at any time desist from the collection and processing of the data stated in 12.1.3.b due to technical or economic reasons.
„Master data“ comprises all personal data necessary for the establishment, performance, modification or termination of the legal relationship between the Webmaster and CRYSTAL IT SOLUTION SP.ZO.O
„Master data“ comprises: surname and first name, academic title, company name, name of authorised representative, residential or business address, contact information for correspondence, information about the nature and content of the contract and bank details.
All collected and processed data is used for:
1. the provision of the contractually agreed services including the calculation of commission.
2. servicing, analysis, development, planning and improvement of products and services.
3. for advertising and information purposes concerning CRYSTAL IT SOLUTION SP.ZO.O products and the offering of services by CRYSTAL IT SOLUTION SP.ZO.O to the Webmaster via telephone, fax, SMS, MMS, email and other electronic media.
4. disclosures required to comply with legal obligations or in accordance with these Terms and Conditions.
The Webmaster grants its consent – which is revocable at any time –that it may be contacted for the purpose of provision and offering of services by phone, fax, SMS, MMS, email or other electronic media.
All data necessary for the calculation of the Webmaster’s commission will be deleted in accordance with the relevant data protection and tax requirements (generally seven years after the settlement of all claims arising from the relevant calendar year). In the event that a judicial or other action is sought regarding the existence or the correct fulfilment of claims arising from the contractual relationship between the Webmaster and CRYSTAL IT SOLUTION SP.ZO.O, then the data will not be deleted until after the termination of the action. However, the Webmaster’s master data will not generally be deleted until this is requested by the Webmaster.
The Webmaster has statutory claims to access, correct and delete the collected and processed data. CRYSTAL IT SOLUTION SP.ZO.O will undertake all possible and economically reasonable measures as per the state of the art, in order to protect the data it stores (e.g. SSL login screen). However, CRYSTAL IT SOLUTION SP.ZO.O is not liable if a third party illegally gains the power to dispose of this data, and reuses it.
For reasons of security, CRYSTAL IT SOLUTION SP.ZO.O will send out passwords for the Cash4Flirt system only to the email address specified in the contract (or to an address which has been subsequently updated in accordance with the contract) and only upon the express request of the Webmaster, the latter having correctly given its customer number and name, or having otherwise proven its identity.
13. Contractual penalties
Unless other arrangements are given in these Terms and Conditions, the Webmaster must pay a contractual penalty in the amount of EUR 500, for each violation of any provision of these Cash4Flirt Terms and Conditions. The penalty is immediately payable upon the written request submitted by CRYSTAL IT SOLUTION SP.ZO.O CRYSTAL IT SOLUTION SP.ZO.O must present the facts of the violation of Terms and Conditions on part of the Webmaster (or possibly on the part of a person for whom the latter is accountable). The assertion (by CRYSTAL IT SOLUTION SP.ZO.O) of further claims for damages is not excluded.
14. Applicable law and jurisdiction
Scottish law applies exclusively to contractual relations between the parties, and to any resulting disputes. The provisions of the CISG do not apply; nor do reference standards insofar as they refer to other legal systems.
The place of jurisdiction for all disputes arising under this contract is the local and competent Scottish court for CRYSTAL IT SOLUTION SP.ZO.O’s headquarters.