Terms and Conditions
TERMS OF SERVICE SUMMARY
Below you will find a short summary of our Terms of Service. Please note that this is merely a summary. You are still required to read and accept the full Terms or Service.
A. The maximum commission that is paid out to the affiliate is 20%;
B. The maximum commission that is paid out to refer a webmaster is 5%
C. Commission is paid out on the 10th day of the following month. E.g.: Commission for February 2006 is paid out on the 10th of March.
D. Affiliates can be paid out by check or wire transfer. If the bank details are entered incorrectly, RIVcash may not be able to pay out on time.
E. The RIV affiliate program is operated by B4WEB SL based in Canaria Islands.
F. RIVcash is operated by B4WEB SL, based in Canaria Islands.
ELIGIBILITY REQUIREMENTS for the RIVcash Partner Program
Preliminary remarks:
A. B4WEB SL, Avda Rafael Cabrera 13, Edificio Masiega II, 1^ Pianta, Oficina 7, 35002 Las Palmas de Gran Canaria, Canaria Islands, is operating a mediation platform for videochat services in the internet under the name www.ragazzeinvendita.com and other marketing domains, summarized hereinafter under the term RIVcash.
B. Providers of videochat services (the "senders") can present themselves to potential interested parties on this platform. Via the RIVcash platform, registered members can offer their videochat services or use the videochat services of other members. There are charges for the use of videochat services. The advertising partner is provided with the opportunity to link his website links to the RIVcash platform. For this, he receives a success-dependent payment as a commission.
SCOPE
A. These eligibility requirements regulate the contractual relationship between B4WEB SL, Avda Rafael Cabrera 13, Edificio Masiega II, 1^ Pianta, Oficina 7, 35002 Las Palmas de Gran Canaria, Canaria Islands, hereinafter referred to as "RIVcash", and the participants in the partner program, hereinafter referred to as "Partners".
B. RIVcash offers its services exclusively on the basis of these eligibility requirements. By registering, the partner recognizes the eligibility requirements in the respective newest version as binding. Deviating General Conditions of Business of the Partner shall not apply, even if RIVcash does not object to them in the individual case. RIVcash will provide all Partners with changes in the eligibility requirements via e-mail and by publication at www.ragazzeinvendita.com. If the Partner does not object to the change within 14 days, he thereby declares his agreement with the altered Conditions of Business. RIVcash is permitted to involve sub-contractors and other third parties at any time for individual services in connection with the operation of the partner program. RIVcash expressly points out that when sub-contractors and other third parties are involved within the framework of contract data processing, data may be transferred to these parties when data protection is provided.
Participation and registration in the RIVcash partner program
Registration for the RIVcash partner program is free of charge. There is no legal entitlement to admission of a partner. The decision regarding the admission of the advertising partner into the partner program lies with RIVcash. The contractual relationship is brought into existence by confirming the application via e-mail. Minors are excluded from participation. The advertising partner's data which are required for registration must be stated completely and truthfully. Changes in the data must be communicated to RIVcash immediately.
OBJECT
The object of this contract is the commercial switching of electronic advertisements by the Partner on a website of the Partner. Instead of a fixed payment, the Partner receives a success-dependent commission which depends on the actual sales per minute produced by a member who registered for the RIVcash offers - "Link" hereinafter - due to an advertisement which was causatively and directly switched for the Partner. The Partners in this contract shall operate their internet pages under their sole responsibility and independently of each other. This contract shall not be deemed to found an employment relationship, a company, an association or a trade representative contract between the parties. Neither party shall be entitled to appear in the name of the respective other party and/or accept offers for the respective other party or make declarations.
LINK
The Partner shall create a link from his website to the offerings of the partner program. With this link, he will state the partner identification agreed upon between the parties. The correct technical inclusion is the responsibility of the Partner. In order for sales to a customer to trigger a claim to commission, the visitor must follow a specific link from the Partner's website to the offerings of the partner program, register and generate sales within the framework of the offer. In detail, the link requires the following prerequisites:
A. The link format as stated by RIVcash must be correctly provided,
B. the link must contain the specific partner identification, and
C. the registration at RIVcash must be specifically due to the named link.
Note: RIVcash can delete or suspend "reserved" links
Application processing and right to decline
RIVcash reserves the right to decline registrations which were made through the Partner's link if they do not meet the requirements for online registration (credit-worthiness, no authorization for direct deposit provided or authorized credit card provided, incorrect visitor information, manipulation of age verification, etc.). There is no entitlement to commission in such cases. Furthermore, RIVcash is entitled to block members or annul their account in the offerings of the partner program. Blocking or annulment is regarded as cancellation of membership without notice. From the time of cancellation, all commission claims of the Partner shall be void and invalid.
PAYMENT
RIVcash pays no commission for sales from customers whose registration was not made directly through the path specified above. RIVcash records all sales transactions of customers who have registered using special links between the website of the Partner and the offerings of the partner program. RIVcash provides comprehensive reports about these sales at regular intervals. The form, content and frequency of the reports can be changed by RIVcash at any time. With his partner identification (ID) and the password, the Partner receives access to his personal online statistics, so that he can inform himself about the respective status of the partner program. These statistics merely represent advance information for the Partner. Commission payments are based on end-of-the-month statistics which are provided by RIVcash at the end of teach month. Based on the monthly statistics, the Partner receives a debit sum in the amount to which he is entitled. Errors in the monthly statistics must be reported to RIVcash in writing. RIVcash reserves the right to report the online and monthly statistics late in the event of misuse or technical defects; in this event, the Partner will be informed immediately and in detail. The Partner obligates himself not to pass commission paid by RIVcash - either wholly or in part - on to the customer who registered via the link of the Partner, nor to pay the customer in any other way, either directly or indirectly, and not in the form of non-cash benefits.
Settlement of payment
The basis on which payments to the Partner is calculated shall consist of the transacted net sales of the member mediated via the partner link after the deduction of payment costs. Payments for sales to customers must be made in full by the customer. Sums which must be refunded to the customer are not part of the basis for settlement. Further possibly occurring service provision payments, such as processing and payment fees, or fees of credit card institute or banking fees, as well as credits granted to the member or free offers granted via the offers, shall also not form a part of the basis for settlement. Payment is settled monthly. The Partner receives a credit based on the monthly settlement provided by RIVcash at the end of the month. Payment is only made starting from a minimum payment amount of EUR 150.00, which must be reached over a time period of three consecutive months. Otherwise, the credit shall be held without interest until the minimum payment amount is reached. In the event of contract cancellation, the Partner has no claim to payment of amounts owed to him if the amount owed does not at least equal the minimum payment amount at the time of contract cancellation. Payment is made without cash, by means of bank transfer. In the event of back posting of the commission earnings (e.g. due to false statements by the Partner), RIVcash shall deduct a EURO 25.00 processing fee from the commission amount outstanding for payment. In the event of irregularities and unusual features in the Partner's commission claims, RIVcash reserves the right to retain the Partner's commission claims without interest until clarification. There is no entitlement to partial payment. RIVcash shall not bear the collection risk in all payment procedures which are provided within the framework of the partner program. This particularly refers to cases in which the service fees cannot be realized towards the telecommunications provider or member. This applies regardless of whether the unenforceability of the claim is due to invalidity, unwillingness to pay, inability to pay or other reasons, particularly including fraudulent activities. The Partner has no entitlement to a share of gains from sales insofar as RIVcash does not receive payment from the customer or the intermediary telecommunications provider. In such an event, RIVcash is not obligated to send out notices or take collection measures of any kind. Cancellations and any penalty fees of credit card companies or fees of banking institutes shall be billed to the Partner in the amount of his commission share. They can be settled against the commission payments which are to be paid to the Partner. The Partner obligates himself to properly report the received commission payments in taxation. Payment of sales tax sums to the participant will only be made insofar as the Partner sends proof of business registration to B4WEB SL.
Restricted license
RIVcash grants the Partner a non-exclusive, non-transferable and revocable right - which is limited spatially and in terms of time - to make use of the advertising material described under item 3, communications, as well as all further depictions, solely for the purpose of identifying his site as a partner site and presenting the specified advertising material. The Partner shall not alter, sell nor provide to third parties the advertising material, communications, nor one of the further depictions in any manner whatsoever without the preceding written approval of RIVcash. RIVcash reserves all rights with regards to its logos, trade name and brands, as well as its other commercial protective rights. RIVcash is entitled to withdraw the license granted to the Partner by means of written communication, at any time and without provision of reason. Advertisements may only be displayed within the framework of legality. The Partner shall immediately interrupt the display of advertisements, communications or other materials at the request of RIVcash if there is evidence of misuse of the advertisement, violations against this contract or applicable law, or well-founded suspicion.
Responsibility for contents
A. The offers of the partner program are operated in compliance with the law of the operator of the respective operator of the offers. RIVcash is merely a mediator between the operator of an offer and the Partner. The Partner thereby bears the sole responsibility for the provision of statutory access limitation in the sense of youth protection and other statutory obligations which apply in the respective country and legal space (such as internet law) to which the Partner is respectively subject by virtue of his company headquarters, nationality and advertising activity.
B. RIVcash explicitly informs the Partner that in the case of the offers of the partner program, the customer (internet user) and other participants are also provided with erotic contents which are solely suitable for adults. The Partner obligates himself to release RIVcash of any third-party claims which may result from the Partner's direction for the integration of the AVS systems selected by him.
C. The Partner may make online modifications through the design of diverse processes and procedures in the offers of the partner program. The modifications require double confirmation and subsequently apply to the offer immediately. The Partner shall bear full liability for all modifications.
Liability
RIVcash does not guarantee minimum commissions and is not liable for commission failures, particularly due to lacking ability to operate or disturbances in their internet offerings or technical systems. RIVcash is furthermore not liable for changes, additions or settings of the RIVcash partner program. Further, RIVcash shall be liable only for intentional or grossly negligent behavior, but not for lost gains or non-collectable payments. Liability is limited to foreseeable damages. This limitation of liability shall also apply to the employees and servants of RIVcash.
Partner's liability
The Partner is liable for violations of these eligibility conditions or other obligations. The Partner bears the sole responsibility for the development, operation and maintenance of his website as well as all material which appears there. In particular, he bindingly guarantees the following:
A. The setup and maintenance of the technical operation of his website as well as the related equipment,
B. The correctness and appropriateness of the displays on his website for advertising offers,
C. That no violence, illegal pornography, youth-endangering contents which are freely offered without age verification, or discriminating statements or displays with regard to race, gender, religion, nationality, disability, sexual tendency or age appear on his website.
D. That he furthermore ensures that the materials displayed on his website do not violate third-party rights (including, for instance, copyright and trademark rights, the general personality law, or other law) and that the material shown on his website is neither insulting nor slanderous nor illegal in any other manner.
E. That there are no viruses, Trojan horses, spam mails (that is, e-mails to persons who have not explicitly declared their agreement to receive the e-mails) or other damaging contents being spread.
The Partner furthermore provides assurance that the operation of his website completely fulfils the preceding requirements, and is liable for the above named assurances. The Partner releases RIVcash from all claims which third parties might make regarding violation of their rights in connection with this agreement. The Partner shall bear all resulting costs of legal defense. At the request of RIVcash, the Partner must enable RIVcash to defend against third-party claims at his expense. Regardless of further legal consequences (for instance, of a criminal nature, or damage claims), the Partner obligates himself to pay a contract penalty in the amount of EUR 5000.00 to RIVcash for violations of the regulations in this contract. The enforcement of further claims is explicitly reserved. The Partner obligates himself to comply with valid data protection laws.
Dishonest advertisement
Dishonest advertisement is prohibited to the Partner. Dishonest advertisement is particularly to be assumed in the case of advertisement via e-mail, chat, telephone or other telecommunications methods without the presence of consent (Opt-In) by the recipient or in outside offers without the consent of the provider. Furthermore, dishonest advertisement is particularly to be assumed in the event of advertising via e-mail, chat, telephone or other telecommunications methods in which the identity of the partner is concealed or secret, and which contains no valid address to which the recipient could direct a request to stop such messages without producing anything other than the transmission costs by the basic fees. Furthermore, dishonest advertisement can be assumed in the case of advertisement which realizes punishable or offensive acts. If RIVcash has the reasonable suspicion that the Partner has been active in dishonest advertisement or has mandated the same, RIVcash can ask the Partner to disprove this suspicion by the provision of a sworn statement. The sworn statement must be provided within five working days after the request, in the original, at the receiving address named by RIVcash, and contain the clear declaration that the Partner has neither engaged in dishonest advertisement himself, nor caused other persons or companies to do so. If the Partner has not provided a sworn declaration within five working days, RIVcash is entitled to provide the name, address and further data of the Partner to those affected by the dishonest advertisement or to law enforcement agencies. For every case of dishonest advertisement, a contractual penalty in the amount of Euro 5 000.00 is demanded. The contract with the Partner can be cancelled without notice. RIVcash may subrogate against the Partner for damage which directly or indirectly resulted from the dishonest advertisement.
Contract term / cancellation
Unless otherwise agreed, this contract is closed for an unspecified time period. Cancellation is possible for either party at any time and requires the written form (letter, fax or e-mail). Attempts to manipulate the partner program or use it in ways which violate the contract (particularly in the event of violation of third-party rights or other statutory regulations) automatically lead to immediately blocking of the Partner. Credits obtained in this manner are not paid out to the Partner. With the termination of this agreement, all rights of the Partner to use the advertisements, communications and other displays provided by the operators of the offers are invalidated. The claim to commission becomes null and void with the effectiveness of the cancellation. Commission claims earned until the time at which the contract was cancelled shall remain valid. RIVcash is entitled to retain the final payment to the Partner for an appropriate time period, however at least 30 days, in order to ensure that subsequent cancellations, fees etc. are recorded and billed to the Partner. Cancellation of the partner program has no effect on the registration of the mediating members. Settlement claims in connection with the termination of this contract are excluded. Those regulations of this contract which, by their nature, also remain valid after termination of this contract shall continue to apply.
Contract changes
This contract reproduces the contents of the contract negotiations between the contractual partners in a final version, and replaces any and all possible preceding agreements between the parties regarding the object of the contract. Other agreements, including verbal arrangements, have not been made. Changes and additions to this contract require the written form. The same shall apply to waivers of the written form requirement.
Confidentiality
The parties are in agreement that all data which were, within the framework of this contractual relationship, exchanged, to be exchanged, or obtained in any other way, regardless of what form, with the exception of publicly accessible data, shall be treated as business secrets towards third parties. This regulation shall continue to apply after termination of the contract. Violations of this regulation shall be deemed to form a basis for claims to damage payments from the Partner.
Final clause
Within the framework of advertisement of the offer of the RIVcash partner program, Swiss law shall apply. Within the framework of settlement with the Partner, the laws of Switzerland shall apply. The place of fulfillment for this agreement is the headquarters of RIVcash. If RIVcash mandates a sub-contractor to carry out services in connection with the operation of the partner program, the contractual relationship to this service provider shall be governed by the respective law according to the headquarters of the service provider, insofar as he is within the European Union. Insofar as legally permissible, Switzerland is the legal venue. If regulations in this contract are or become invalid or if the contract is shown to contain gaps, this shall not affect the validity of the other regulations. In this case, the contractual partners obligate themselves to agree on a regulation which comes closest to that which the contractual partners desired in the sense of the contract.