Advertiser: The natural or legal person who provides users with access to their website, distributed page, or app via publishers through a link or another electronic connection, where a user can purchase products and/or services and is rewarded by the advertiser through the publisher, via Follago;
Affiliate channel: The online marketing method used by a publisher to promote the advertiser's campaign. Examples of an affiliate channel include websites, emails, keyword marketing, or social media;
Publisher network: The service offered by Follago, consisting of mediating in the establishment of affiliate agreements between advertisers and publishers by placing the advertiser's campaign on its network and offering its network services to advertisers and publishers regarding the execution of the affiliate agreement they have concluded, hereinafter referred to as the "Network";
Affiliate agreement: The agreement between the advertiser and the publisher in which the conditions, duration, and terms are established under which the publisher promotes the advertiser's designated products and/or services through its affiliate channel and also sets the reward for the publisher. If there is no specified duration or notice period in the affiliate agreement, it has an indefinite duration with a notice period of 2 (two) working days;
General Publisher Terms: These General Publisher Terms, used by Follago, hereinafter referred to as the "APT";
Campaign: The affiliate campaign, lead campaign, CPC campaign, or other promotion that the advertiser launches for specific products and/or services on the publisher network of Follago and for which they wish to conclude affiliate agreements with publishers;
Commission/Compensation: The reward that the publisher receives and the advertiser pays for the agreement established through the publisher or the contact between the user and advertiser, as described in more detail in Article 4.
Follago: A brand under the private company Launchlabs BV, based in The Hague. User/Visitor: A natural person who is on the publisher's affiliate channel or who accesses the advertiser's website or app via the affiliate channel of a publisher through a link provided by Follago;
Click: A visitor who accesses the advertiser's website through the affiliate channel of a publisher through a link provided by Follago; Material/Promotional Material/ Advertisement Material: The resources made available by an advertiser in the Follago system to the publisher for promotion of the campaign. This includes, but is not limited to, banners, text links, and product feeds.
Network agreement: The agreement between Follago and the advertiser on the basis of which, on the one hand, the publisher network will mediate in the establishment of an agreement between advertiser and one or more publishers for participation in one or more campaigns and, on the other hand, the publisher network will ensure the facilitation of the execution of that agreement by offering advertisement materials, registering Views, Clicks and/or Transactions, and more.
Publisher: The natural or legal person who promotes the product or service of the Advertiser based on an Affiliate Agreement through its Affiliate Channel. The Publisher is an independent entrepreneur or individual who cannot be considered as an assistant of Follago or the Advertiser. The publisher is also referred to as an affiliate. Transaction: A Transaction is a purchase, registration, or other action as described in the Advertiser's Affiliate Agreement, carried out by a visitor or on behalf of a visitor, on the advertiser's website, or a page or app distributed for this purpose within the Daisycon network.
View: A display of an advertisement to a visitor.
1.1 - Registration as a Publisher means that the Publisher accepts and will comply with the APV.
1.2 - To be registered as a Publisher, the aspiring Publisher must:
complete the registration form truthfully and in full; confirm that they accept these General Publisher Terms and Conditions (APV); be at least 18 years old. 1.3 - After receipt of the registration, Follago will assess whether the registration and the Publisher's Affiliate Channel meet the
requirements (see Article 3) and whether there are any other objections to the registration of the aspiring Publisher. Follago can never be required to accept a registration.
1.4 - Acceptance or rejection of the registration as a Publisher takes place through a confirmation or rejection e-mail from Follago. Follago aims to respond to the registration within 2 (two) working days. Upon receipt of the confirmation e-mail, the agreement between Publisher and Follago is established and the registrant becomes the Publisher.
1.5 - Before the Publisher may promote a Campaign of an Advertiser, the Publisher must register with the Advertiser with one or more Affiliate Channels. These channels will be approved or disapproved by the Advertiser. Publisher must allow promotion to take place through the channels approved by the Advertiser. By registering, the Publisher accepts the Affiliate Agreement between Advertiser and Publisher. Follago is not a party in this and only has a mediating function. Follago does manage the statistics and the payment to the publisher.
1.6 - If the Publisher acts in violation of one or more of the registration conditions mentioned in Article 1.2, Follago is entitled to immediately deny the Publisher access to the network. The Publisher also loses all claims to receive and already paid commissions.
2. Use
2.1 - Transactions and Clicks/Views must be consciously made by the User without coercion, deception, or promises that are not in accordance with the campaign carried out by the Advertiser. Offering compensation to the User to generate a Click, View, and/or Transaction without the express approval of Follago and/or the Advertiser is not allowed, this at the discretion of Follago and the Advertiser.
2.2 – The Publisher will not leave any room for misunderstanding that the products and/or services are not delivered by the Publisher, but by the Advertiser. The Publisher will not leave any room for misunderstanding that any offers are delivered by or on behalf of the Advertiser. The Publisher will not leave any room for misunderstanding that distribution takes place through the Follago network.
2.3 – The Publisher is authorized to use the name of the Advertiser, and specifically provided Material by Follago, exclusively for the purpose of promoting the campaign(s) in the manner indicated by the Advertiser from time to time, and in doing so, follow all instructions from the Advertiser and Follago. The condition is that no changes are made to the provided Material and that the use is not misleading or harmful to the Advertiser and/or Follago.
2.4 – Without prejudice to the provisions of Article 2.3, the Publisher shall respect the copyrights, trademark rights, and other exclusive rights of Advertisers, Follago, and third parties.
2.5 – The Publisher shall only use the provided Material for the purpose of the Advertiser's Campaign at Follago and shall not make any changes to it.
2.6 – The information and data obtained through the use of the Follago network may only be used by Publishers personally and only in the context of participation in the network. Sharing with third parties and any use for other purposes, especially advertising purposes, is strictly prohibited.
2.7 – Follago offers the Affiliate channel of Publishers to the Advertisers selected by Publishers. The Publisher must familiarize themselves with the Campaign conditions set by the Advertiser and comply with them, and, if applicable, accept the additional conditions for participating in a specific Campaign. As long as the Publisher promotes the Advertiser, the Publisher is obligated to stay informed of changes in the Advertiser's Campaign conditions, such as can be read in the Advertiser's Campaign, through the Follago newsletter, through RSS, and through other means.
2.8 – The products and/or services on the advertiser's website may change regularly. The Publisher takes care at all times that the conditions of the products and/or services (possibly) mentioned on their Affiliate channel and/or in their possession for promotion are in accordance with the products and/or services as indicated from time to time on the advertiser's website.
2.9 – Transaction and click data may only be stored and/or processed by the Publisher to promote the respective advertiser more effectively or for making analyses. The Publisher takes care that the stored data is adequately secured and complies with applicable privacy guidelines and legislation.
2.10 – The Publisher endeavors to inform its visitors about the services of Follago being used.
2.11 - It is not allowed for Publishers to use the provided Material and obtained data for actions and/or behaviors that are in violation of applicable laws, netiquette, guidelines of the Advertising Code Commission, the Affiliate Agreement, or this APV. This includes, but is not limited to, the following actions and behaviors:
Sending unsolicited e-mails as defined in the Telecommunications Act; Unsolicited and unwanted posting of a message in newsgroups, forums, or as a response to blogs; Infringing on copyrights of protected works or otherwise acting in violation of third party intellectual property rights; Misleading third parties; Misusing the texts, logos, trademark or information of the Advertiser; Directly offering compensations and/or discounts to Users for transactions with Advertisers (without explicit approval from the Advertiser); Using the trademark and/or trade name of Advertisers in search engines or keyword marketing is not allowed. Targeting Visitors from countries that are not applicable to the advertiser.
2.12 - It is not allowed, among others, for the content of the Publisher's Affiliate channel to have:
A pornographic or violent character; Discrimination based on race, gender, religion or belief; Developing, promoting or advertising illegal activities; Damage the good reputation and name of affiliated Advertisers and/or Follago; Violate copyrights, trademark rights or other rights of the Advertiser or any third party.
2.13 - Approval from the Advertiser must be obtained for promotion through e-mail, advertising networks, search engines and other forms of traffic purchase. In the case of email marketing, the Publisher must explicitly ask for permission for each individual mailing from the Advertiser. For campaigns where compensation is paid per Click (CPC), the Publisher must keep in mind that reward programs or get-to-paid sites are excluded from CPC compensation. It is not allowed to generate clicks with the help of (cgi-)scripts, pop-up windows, search engines, etc. It is not allowed to modify the generated HTML link code. Also, calling to click on the links or rewarding visitors when they click on the links is not allowed, at the discretion of the Advertiser and/or Follago.
2.14 - The Publisher's Affiliate channel must be freely accessible to everyone when links are placed where the Publisher receives a Commission per View or per Click.
2.15 - The Publisher will always act in accordance with all guidelines and instructions regarding the installation and use of the link as well as the content.
2.16 - If the Advertiser indicates that the installation and use of the link with the Publisher is not desired, Follago is entitled to block the link without announcement.
2.17 - Without affecting article 2.16, the publisher is obligated to remove a link, deliver promotional material, or remove such material from their affiliate channel within 2 working days of a request from the advertiser and/or Follago, or discontinue promotion and distribution.
Article 2.18 - To prevent abuse, Follago has the right to store the publisher's IP address and other personal information upon registration.
Article 2.19 - Follago has the right to request, process, store, or use publisher data for internal and/or statistical purposes. Follago will not disclose personal data to third parties without the prior approval of the concerned individuals, except when the publisher signs up with an advertiser. The advertiser will have access to the name and address information of the publisher. If there is a suspicion that the publisher is not abiding by the terms, at the request of the advertiser, additional contact information may be handed over to the affected party. Follago also has the right to contact the publisher via email and telephone. Follago also has the right to provide data of the publisher to authorized government agencies.
Article 2.20 - If the publisher acts in violation of one or more terms in this agreement, or if there is a reasonable suspicion of such violation, Follago has the right to temporarily suspend the payout of accumulated commissions.
Article 2.21 - If the publisher acts in violation of one or more terms in this agreement, or if there is a reasonable suspicion of such violation, the publisher is obliged to cooperate with an investigation into the violations and is required to provide access to their administration, electronic files, and server data.
Article 2.22 - If the publisher acts in violation of one or more terms in this agreement, or if there is a reasonable suspicion of such violation, Follago has the right to recover already paid commissions. This includes all commissions that are suspected to have been realized in violation of the agreement.
Article 3. Payment/Rates
3.1 - The Publisher can claim payment of a Commission if:
these Commissions have arisen in a regular manner and are not in violation of the Municipal By-laws, the specific terms in the Affiliate agreement, or the principle of fairness; the Advertiser has fulfilled its payment obligation for the Transaction towards Follago. The only exception to this is if the Publisher uses a special payment arrangement as referred to in article 4.7. The allocation and approval of the compensation to the Publisher has taken place. For example, if the User returns or cancels the service or product, the Advertiser may decide that the Publisher is not entitled to the Commission for that Transaction. The Publisher will not receive Commission for this specific Transaction. and
• Follago has recorded a View or Click through the Publisher's Affiliate channel and there is a corresponding compensation for each View or Click;
and/or
products and/or services that a User has purchased and/or requested on one or more of the Advertiser's sites, have been recorded through the Publisher's efforts via the link; products and/or services that a User has purchased and/or requested from one or more Advertisers, have been realized and recorded through the Publisher's promotions; 3.2 - The approval of the Transactions is at the discretion of the Advertiser and will take place based on pre-determined criteria established by the Advertiser. Follago will ensure that the Advertiser approves the Transactions in a timely and diligent manner. Approved Transactions cannot be changed except in exceptional circumstances (such as abuse by third parties, the Advertiser failing to fulfill its obligations, or clear errors on the part of the Advertiser in the processing), and Follago explicitly denies any responsibility for the approval of Transactions.
3.3 - For Click (CPC) or View (CPM) payments, only 1 (one) Click/View per Visitor, per advertisement, per Publisher, per time unit will be measured for each Advertiser.
3.4 - The Commission as referred to in article 3.1 is for "business" affiliated Publishers excluding VAT. If this is the case and to the extent applicable under Dutch law, VAT will be calculated and paid out on the Commission, provided the Publisher has a VAT number.
3.5 - The recorded Views, Clicks, Transactions, and statistics displayed on the Follago website, are authoritative for Follago, the Advertiser, and the Publisher.
4. Payment
4.1 - The payment of the Commission depends on the payment method selected by the Publisher. Standard payments will be made monthly around the 15th day, to the IBAN account number provided by the Publisher. If the total of the Commissions for a payment period (month) is less than €25,- (twenty-five euros), no payment will be made for that month and the Commission will be saved. Payment will be made in the month when the total amount is €25,- (twenty-five euros) or more.
4.2 - If payments have to be made on bank accounts outside the EU, the minimum earned Commission must be €100 (hundred euros). In the event that the Commission for a month is less than €100 (hundred euros), no payment will be made in the relevant payment period and the Commission will be saved. Payment will be made in the payment period in which the total amount is €100 (hundred euros) or more. Any bank fees for payments outside the EU will be deducted from the payment.
4.3 - The total Commission earned by the Publisher, built up through participation in various Campaigns, will be paid out in euros by Follago every payment period, retrospectively. No interest will be paid on Publisher's balances.
4.4 - Follago is always entitled to offset what it owes Publishers with any amount that Follago claims from the Publisher for any reason.
4.5 - Remaining balances of Publishers will be paid out to the Publisher upon termination of the agreement, provided the balance is €25 (twenty-five euros) or more.
4.6 - If no balance is achieved for 1 (one) year, the Publisher's account will be terminated. The continuation of the agreement will be decided at Follago's discretion. If the balance has not reached the payout limit within 3 (three) years, the account will be closed and the balance will not be paid out. The Publisher has the option to submit a written request for extension of the agreement for one month after termination.
4.7 - The Publisher can take advantage of the extra service offered by Follago, where Follago pays out Commissions for approved Transactions before the Advertiser pays Follago. Follago is not obliged to offer this extra service to the Publisher.
5. Termination of Cooperation
5.1 - Follago is always entitled to terminate its cooperation with a Publisher for any reason, with a notice period of 2 (two) working days. The Publisher is always entitled to terminate its cooperation with Follago for any reason, with a notice period of 2 (two) working days.
5.2 - Without prejudice to its other rights, Follago, acting on behalf of Advertisers, is entitled to terminate the cooperation with the Publisher with immediate effect in case:
the Publisher fails to fulfill its obligations or acts in violation of the APV; the Publisher's Affiliate channel is deemed by the Advertiser or Follago to be in violation of public order or morality or could be offensive or violent in any way; Advertiser or Follago would suffer damage in any way; • the Publisher acts illegally towards the Advertiser, Follago and/or third parties in the context of a Campaign.
5.3 - The cooperation between the Publisher and Advertiser will automatically end in the event:
the Campaign of the relevant Advertiser has been stopped; the Network Agreement between Follago and the Advertiser has been terminated.
6. Consequences of Termination of Cooperation
6.1 - If the cooperation between Follago and the Publisher terminates, Follago is no longer obliged to pay out any Commission to the Publisher and the Publisher will no longer be entitled to participate in any Campaigns. The Publisher will no longer be authorized to use the Advertiser's trademarks, logos, domain names or other intellectual property.
6.2 - Upon termination of the cooperation, the Publisher will return any materials and information provided by the Advertiser and/or Follago immediately and in the same condition as received. The
6.3 - Notwithstanding the provisions in Article 6.2 and Article 7, Follago and the Publisher shall not be able to claim any compensation from the other party regarding the termination of the collaboration and hereby waive any right to any (damage) compensation in connection with the termination of the agreement.
6.4 - In the case of termination of the collaboration, the Publisher is obliged to immediately destroy all data/information related to Follago's services or a campaign of an advertiser.
7. Liability
7.1 - The Publisher is fully responsible and liable for the development and maintenance, functioning and content of their Affiliate Channel. The Publisher is liable for any damage suffered by Daisycon or the Advertiser as a result of any deficiency by the Publisher.
7.2 - Follago shall never be liable for any direct or indirect damage and/or costs of the Publisher in connection with participation in the Campaign.
7.3 - The Publisher shall ensure that all obligations under the law are met and indemnify Follago in relation to any claims in this regard.
7.4 - Follago is not liable for the Material provided by the Advertiser, it remains the responsibility of the Publisher to incorporate and/or distribute it. If Follago is held liable for the content of the Material by third parties, the causative Publisher shall take full responsibility on behalf of Follago and indemnify Follago in this regard. Costs incurred by Follago (as a result of) being held liable by third parties, such as legal costs, shall be fully reimbursed by the Publisher.
7.5 - Follago is not liable for the quality and usability of goods and services purchased by Users, nor for their soundness, nor for any infringement of third party rights.
7.6 - Follago shall provide the Publisher with insight through its websites regarding:
7.7 - Any attempt to manipulate the Follago network in any way will automatically result in the immediate blocking of the Publisher. As a result, all claims on any accumulated earnings will be forfeited. The damage incurred will be charged to the Publisher.
7.8 - Follago cannot be held responsible for fulfilling its obligations under the agreement with the Publisher if fulfillment is prevented by external factors such as a disruption of Follago's network (whether caused by external influences, human error, etc.) or work interruption.
8. Confidentiality
8.1 - Prior to, during and after termination of the Agreement with Follago, the Publisher shall refrain from making any statements to third parties or providing any information regarding Follago's methods, techniques, and supplied data, all in the broadest sense of the word, as well as any information resulting from the Affiliate Agreement(s) entered into by the Publisher.
9. Miscellaneous
9.1 - The Publisher shall not make any commitments and/or obligations on behalf of the Advertiser and/or Follago.
9.2 - The Publisher is not authorized to transfer (a part of) its rights, either by cooperation or otherwise, to third parties without written approval from Follago.
9.3 - Follago is entitled to change the APV at any time. The Publisher will be notified of this electronically. In case the amended APV is not acceptable to the Publisher, the Publisher has the right to terminate the cooperation. If the Publisher does not terminate the cooperation within 14 days after receipt of the amended APV, it is assumed that the Publisher has accepted the amended APV.
9.4 - If any provision of these APV should be in conflict with applicable law, this provision shall be amended in such a way that it will be in accordance with applicable law, taking into account the purpose of the relevant provision.
9.5 - The Publisher expressly declares that it is aware of the regulations in the country where the promotion takes place regarding advertising distribution regarding the services and/or products of the Promotional Materials included by the Publisher. The Publisher indemnifies Follago against any claims that could be related to the distribution of the Publisher's advertising.
9.6 - Upon registration as a Publisher, the Publisher automatically agrees to the APV for participation in the Follago network in the most current version.
9.7 - This agreement does not establish a legal entity. The APV also do not regulate labor, commercial agency, representation or employment relationships, and therefore do not authorize either party to make any legal statements or to obligate or represent any of the parties in any way.
10. Privacy and Data Security
10.1 - The Publisher shall strictly comply with the guidelines described in the General Data Protection Regulation (GDPR). With the aim of safeguarding privacy for Parties and Users between Publisher, Follago and Advertiser, Follago has drawn up a standard processing agreement for the interaction between Publisher and Follago and Publisher and Advertiser. This processing agreement is part of the General Publisher Terms and Conditions.
10.2 - In addition to the standard processing agreement, Follago may impose additional processes and safeguards on the Publisher to ensure Privacy and Data Security.
10.3 - In addition to the standard processing agreement, an advertiser may include additional requirements and guidelines in its Campaign Description. A Publisher must inform itself of these possible additional conditions before participating in a Campaign of an advertiser.
10.4 - Changes in the Campaign conditions of an advertiser will be communicated to the Publisher prior to the effective date of the change. Continuation of the Affiliate agreement with the relevant Advertiser means that the Publisher accepts the changes.
11. Applicable law and competent court
11.1 - The APV and the agreement concluded with the Publisher are exclusively governed by Dutch law.
11.2 - Invalidity of one or more provisions in this APV shall not affect the validity of the remaining provisions.
11.3 - Disputes arising from the APV will be referred to a registered mediator affiliated with the NMI (hereinafter referred to as the Mediator), if a mutual solution cannot be reached between Follago and the Publisher. The choice of the Mediator will be determined in consultation between Follago and the Publisher.
11.4 - The cost for the Mediator shall be paid by the losing party, unless otherwise agreed beforehand.
11.5 - If Follago or the Publisher disagrees with the conclusion of the Mediator, the dispute may be referred to the competent court in The Hague, unless Follago chooses to refer the matter to the court that would be competent in the absence of this article.