Webmaster Agreement SRvision BV
This agreement is concluded between SRvision B.V., Chamber of Commerce 73023884 (Active under the trade name SRvision BV and the party that registers via the website cashpartners.eu (“the Website”) as counterparty (“Webmaster”).
Article 1. Appointment of Webmaster
1.1. SRvision provides Webmaster acces to promotional tools and websites found on cashpartners.eu, these websites contain video services, flirt and webcam services. Webmaster will recieve a fee from every paying customer, Webmaster is not allowed to create agreements on behalf of SRvision BV (webmaster service).
1.2. It is up to the webmaster which of the online products he whishes to promote. SRvision BV may, at any time with a 30-day advance notice, change the Services offered, or adjust the fee scale.
1.3. SRvision BV provides Webmaster a licence and availability of content to fully benefit the Webmaster service.
1.4. Webmaster must be at least eighteen years or older. SRvision BV can request proof from Webmaster. If SRvision BV discovers at any time that Webmaster is younger than eighteen years, SRvision BV has the right to immediately terminate the agreement and cancel all payments.
1.5. Webmaster must use the promoter id (pid) in all of its expressions by SRvision BV.
Article 2. Webmasters obligations
2.1. In the context of the Webmaster service, Webmaster will make every effort to generate traffic towards the products of SRvision BV and try to convert them into paying leads. Webmaster is not allowed to act on behalve of SRvision BV or pretend to work for SRvision BV as an employee. Webmaster is allowed to tell he is working with the products of SRvision BV. Customers brought by Webmaster have an agreement with SRvision BV and not with Webmaster.
2.2. Webmaster is responsible for the creation of promotional websites and pages for the benefit of the Webmaster service. Webmaster will be acting under his own name and for his own account and risk.
2.3. Webmaster is allowed within the Webmaster service to let others promote their tracking links (if they have an advertisement banners or links on their websites, people who set up websites to promote services or those who promote on social networking sites) but is at all time responsible for their behavior, as if the Webmaster did it.
2.4. Webmaster is not responsible for the unlawful way of the Services, such as by
the sending of unsolicited commercial communication via the Services via e-mail from other communication services,
installing software or scripts that pass along the deceptive route to the Services or wishing to do them doing there without their being a paying customer,
to induce the misleading or fraudulent route to become a member of the Services, or
It is intended that the term “child pornography or minor” can be used.
2.5. Webmaster may not use the Webmaster service to make promotional statements on behalf of SRvision BV or trade names provided by the Webmaster service, brand names, domain names of service usernames (on sites like Facebook, Marketplace of other services of third parties), trade names of SRvision BV or may not contain a confusing resemblance. If Webmaster does so, SRvision BV may claim the service names or demand cancellation of the trade or brand names.
2.6. Webmaster is not allowed to promise the customer that they recover (part of) the fee or promise any discounts for the services. If the Webmaster wishes to do, it is only allowed with a confirmation in writing from SRvision BV.
2.7. Webmaster is responsible to pay income tax over the amounth he gains in total revenues.
Article 3. Prices and payment
3.1. SRvision BV will pay a percentage to the Webmaster on the basis of the payments made by customers delivered to the Webmaster service by Webmaster as indicated in the fee scale. SRvision BV will pay these fees at the end of the next calendar month over the past month.
3.2. SRvision BV will issue an electronic credit invoice for payments due. If Webmaster disagrees with the credit invoice, Webmaster must object within the payment term.
3.3. Webmaster fees are owed for all paid agreements that enter into customers base by Webmaster PID.
3.4. No Webmaster fee is still due for contracts concluded with customers after the termination of the present agreement, regardless of the reason.
3.5. Webmaster is responsible for recruiting customers. SRvision BV expressly does not make any promises or guarantees about visitor numbers and income. Numbers in advertisements of SRvision BV must be understood as non-binding indications.
Article 4. Liability
4.1. SRvision BV is only liable towards Webmaster in the event of an attributable shortcoming in the fulfillment of this agreement that is the result of intent or gross negligence of SRvision BV and solely for replacement compensation, which means compensation of the value for the failed performance.
4.2. Any liability of SRvision BV for any other form of damage is excluded, including additional compensation in any form whatsoever, compensation for indirect or consequential damages or damage due to lost sales or profits, delay damage, loss due to loss of data, damage due to changed circumstances, damage resulting from the provision of inadequate cooperation, information or materials by Webmaster and damage due to information or advice given by SRvision BV whose content does not explicitly form part of this agreement.
4.3. The maximum amount that will be paid in the event of liability under the previous articles is that which has been paid to Webmaster in the month prior to the event causing the damage. This maximum amount will lapse if and insofar as the damage is the result of intent or gross negligence of SRvision BV.
4.4. The liability of SRvision BV due to attributable shortcoming in the fulfillment of this agreement arises only if Webmaster SRvision BV immediately and properly written in default, setting a reasonable time to purify the shortcoming, and SRvision BV also after that term imputable in the performance of his obligations remains inadequate. The notice of default must contain as detailed a description as possible of the shortcoming, so that SRvision BV is able to respond adequately.
4.5. SRvision BV indemnifies Webmaster against all third-party claims that are based on the claim that the promotional content or the distribution or use thereof in a country where SRvision BV does not prohibit the delivery of the Webmaster service, is unlawful in any way whatsoever. This applies in particular, but not exclusively, to claims relating to infringement of intellectual property rights. For the remainder, Webmaster SRvision BV indemnifies all third-party claims based on any statement whatsoever.
Article 5. Duration and cancellation
5.1. This agreement is entered into on the date on which Webmaster agrees and runs for an indefinite period of time. The agreement ends automatically if no customer is delivered via Webmaster during a period of 12 months.
5.2. Both parties can cancel this agreement at any time without giving any reason by means of written notice to the other party. SRvision BV must observe a notice period of two (12) months. No notice period is required if SRvision BV terminates the agreement if Webmaster violates the agreement in any way. In that case SRvision BV no longer has to pay outstanding amounts to Webmaster.
5.3. If SRvision BV is of the opinion that the agreement is breached by Webmaster or an auxiliary person, it will notify Webmaster in writing or electronically. If Webmaster does not cancel the breach to the satisfaction of SRvision BV within 72 hours of this notification, SRvision BV may terminate the agreement without having to give Webmaster notice of default or to pay any compensation. No prior notice and 72-hour period is required if SRvision BV believes that Article 2.4 (illegal forms of promotion) is being violated.
5.4. This agreement also ends by operation of law if SRvision BV or Webmaster is declared bankrupt, applies for a suspension of payments, total attachment of its assets is made, it goes into liquidation or is dissolved.
5.6. After termination of this agreement for any reason whatsoever, the Webmaster will cease and discontinue any use and distribution of the promotional content and delivery of the Webmaster service. Webmaster will remove the promotional content as well as possible backup copies of his systems.
5.7. After termination, SRvision BV will issue a final credit invoice for amounts due but not yet paid. However, no credit invoice or payment is due if the reason for termination concerns a default by Webmaster.
Article 7. Final provisions
7.1. Dutch law applies to this agreement.
7.2. Insofar as the rules of mandatory law do not prescribe otherwise, all disputes that may arise as a result of this agreement shall be submitted to the competent Dutch court for the district in which SRvision BV is established.
7.3. If any provision of this agreement proves to be invalid, this will not affect the validity of the entire agreement. The parties will in that case replace (a) new provision (s) to replace, with which as far as legally possible to the intention of the original agreement is given shape.
7.4. Parties will treat information that they provide to each other before, during or after the execution of the agreement, confidentially when this information is marked as confidential or when the receiving party knows or should reasonably suspect that the information was intended as confidential. The content of the agreement and the price scale as well as the identity of directors and employees of the parties is in any case regarded as confidential. The parties also impose this obligation on their employees as well as on third parties engaged by them to execute this agreement.
7.5. Under written this agreement also includes e-mail communication, provided that the identity of the sender and the integrity of the communication are sufficiently established.
7.6. The version of any communication received or stored by SRvision BV is deemed to be authentic, subject to proof to be provided by Webmaster.
7.7. SRvision BV is entitled to amend this agreement at any time with advance notice of 30 days. SRvision BV will inform Webmaster about this electronically via the e-mail address registered by Webmaster on the Website. If Webmaster does not wish to accept the amended terms and conditions, he must terminate them as of the moment that they become effective. Continuation of the Webmaster service after this moment will be seen as acceptance of the adjusted conditions.
7.8. Each party is only entitled to transfer its rights and obligations under this agreement to a third party with the prior written consent of the other party. This permission is not required if there is a transfer to a parent, subsidiary or sister company of the party.