General Terms & Conditions

To follow are the Terms and Conditions relevant to participation in the affiliates program of MobileMoney.com. Should you agree to these Terms and Conditions it will be assumed you are aware of the rights and obligations relevant to those stated in the affiliate agreement.


Article 1 - Definitions

The Corporate Body:
MobileMoney.com is a website of Techno Design “Internet Programming” BV based at Koraalrood 100, 2718 SC Zoetermeer, The Netherlands. Chamber of Commerce number 27197080, ABN Amro bank account number: 58.89.71.626

Site:
Internet site http://www.MobileMoney.com

Affiliate:
Any person or legal representative thereof, who has accepted the General Terms and Conditions, and is accepted as an Affiliate by MobileMoney.com to allow visitors to their site, access through an internet link or other electronic link to ZoekRingtones.nl, SearchRingtones.com or by the direct sale of items from MobileMoney.com through the website of the affiliate.

Sale:
A sale is a purchase by a visitor to the website of ZoekRingtones.nl, SearchRingtones.com or via the website of the Affiliate.

Link:
A link from the affiliates program, which redirects a visitor from the affiliates website to ZoekRingtones.nl, SearchRingtones.com or the sales popup from MobileMoney.com.

Etiquette:
The generally accepted code of conduct on the Internet as laid down on RFC1855 (ftp://ftp.ripe.net/rfc/rfc1855.text) and any future amendments thereof.

User:
Any user of the internet whom via a link on the Affiliate’s website purchases any product or services from ZoekRingtones.nl, SearchRingtones.com or the affiliates website direct.

Content:
The offer of services (or part thereof) on the site, such as text, images etc.


Article 2 - Application and Acceptance

2.1 Anyone in possession of a website or email address can apply as an affiliate.

2.2 Application as an affiliate means accepting the General Terms and Conditions and the respect thereof.

2.3 In order to be entered as an affiliate: a. an application form needs to be completed in full without any false or misleading information, b. acceptance of the General Terms and Conditions confirmed and c. to be accepted as an affiliate by MobileMoney.com

2.4 Acceptance as an affiliate will be assumed to have taken place if MobileMoney.com does not confirm within seven (7) days from receipt of completed application form and acceptance of the General Terms and Conditions, that the application has been refused.

2.5 MP3 websites who do not hand down the copy rights for downloads of complete MP3 databases, where copy rights apply, will not be allowed to offer ringtones through the MobileMoney.com affiliates program.


Article 3 - Use

3.1 The affliliate has the right to use the name MobileMoney.com, the logo as used on MobileMoney.com, and specially provided material by MobileMoney.com exclusively for the benefit of the affiliates program, to use as directed by MobileMoney.com and thereby at all times following all instructions from MobileMoney.com. Conditions thereof are that no alterations are made and the usage thereof is not misleading in any way or damaging to MobileMoney.com.

3.2 Unabated in accordance with that stated in article 3.1, the affiliate will respect he copyright and any other rights of an exclusive nature to MobileMoney.com and third parties.

3.3 The affiliate will only use content for the benefit of the affiliates program and as such will not make any alterations.

3.4 The product and or services on MobileMoney.com site may change regularly. It is the Affiliates responsibility at all times to ensure the conditions of the products and or services offered on their website corresponds with the products and or services as mentioned from time to time on the merchant site.

3.5 Affiliates are not permitted to use the offered material in conduct or proceedings which are in contradiction with the relevant legal definitions, the netiquette or the guidelines as directed by the Advertising Code Commission, and the agreement of these General Terms and Conditions. Included in these, but not exclusively, the following conducts and proceedings: spamming: unsolicited sending of large quantities of emails with identical content and or the unsolicited posting of a message with identical content to a large number of newsgroups; The infringement of copyright protected work or otherwise conduct in contradiction with the intellectual copyright of third party’s; Misleading third parties; Abuse of text, logo'’ or information from MobileMoney.com.

3.6 Furthermore the following is not permitted through content of the Affiliate’s website: a. discrimination of race, gender, religion or other conviction; b. damaging the good name and reputation of MobileMoney.com; c. violate the copyright of the author, brand or any other rights of MobileMoney.com or any other third party.

3.7 The Affiliate will at all times act in accordance to all guidelines and instructions in respect of installation and use of the Link aswell as the content thereof.

3.8 In the event that MobileMoney.com experiences any impediment from the installation and use of the Link with the affiliate, it retains the right to block the Link.


Article 4 - Payments / Rates

4.1 The Affiliate has a claim to commission on all products and or services purchased by the user through MobileMoney.com in the event that this purchase took place via the Link from the Affiliate website.

4.2 In the event of a user returning the product or service, the Affiliate can not lay claim to the relevant commission. The Affiliate will not in that event receive any commission.

4.3 The commission as stated in article 4.1 is exclusive of VAT. In the event and in accordance with The Netherlands Law, VAT will be charged on commission.

4.4 Where appropriate MobileMoney.com will ensure payment to the rightful claimant.


Article 5 - Payment

5.1 The payment of commission will take place in the bank account as specified by the affiliate. Commission amounts of less then €25 (twenty-five Euro) will not be paid. Where the commission in one month is less then €25 (twenty-five Euro) there will be no payment for that month instead it will be carried over into next month. Payment will take place in the month where the total amount is greater then €25 (twenty-five Euro).

5.2 The total earned commission by the Affiliate, which has accumulated through participation in the MobileMoney.com affiliates program, will be paid in arrears every calendar month. Payment to be in Euro by MobileMoney.com.


Article 6 - Termination of Affiliate Agreement

6.1 MobileMoney.com reserves the right at all times to terminate the affiliate agreement.

6.2 Other rights unabated, MobileMoney.com has amongst others, the right to terminate the Affiliate’s agreement with immediate effect in those cases where: a. the Affiliate falls short in his/her obligations or acts in contradiction to the General Terms and Conditions; b. the Affiliates website is in contradiction with the public order or morals, or could be construed as offensive or aggressive; c. this to be damaging in any way to MobileMoney.com and or any other third party due to the illegal actions within the framework of the affiliates program.

6.3 The Affiliate Agreement is terminated automatically in the event: a. the affiliates program is stopped.


Article 7 - Consequences of Termination of Affiliate’s Agreement

7.1 In case the Affiliate Agreement is terminated for whatever reason: a. All links will be broken; b. It is the right of MobileMoney.com to block all access by the Affiliate to his/her account; c. The Affiliate can, unabated to that stated in article 7.2, no longer claim any commission; d. The Affiliate is to remove all content immediately from its website; e. The Affiliate no longer has the right to use the MobileMoney.com name.

7.2 Exclusively in the case where the Affiliate’s agreement has been terminated in accordance with article 6.1, article 6.3 and/or article 9.3, the Affiliate can lay claim on payment of commission in respect of any purchases completed before the termination date. In conformity with that stated in article 4 and 5.

7.3 Unabated to that stated in article 7.2 and article 8, MobileMoney.com and the Affiliate shall make no claim to compensation by either party in connection to the termination of the Affiliate Agreement and they shall distance themselves of any right to compensation.


Article 8 - Liability

8.1 The Affiliate is responsible and liable for the development and maintenance, functioning and content of his/her website.

8.2 Unless there is evidence of intent and/or gross misconduct of MobileMoney.com, MobileMoney.com is not liable for damages and/or costs of the Affiliate in relation it its participation in the affiliates program.
8.3 The Affiliate takes full responsibility in respect of any taxation laws and safeguards MobileMoney.com in respect of any liabilities forthcoming from these.


Article 9 - Various

9.1 The Affiliate will not make any promises and/or enter any commitment on behalf of MobileMoney.com.

9.2 The Affiliate is not entitled to transfer his/her Affiliate Agreement (or part thereof) to a third party.

9.3 MobileMoney.com reserves the right at all times to change or amend the General Terms and Conditions. The affiliate will be electronically notified of this. Where the altered Terms and Conditions are not acceptable to the Affiliate, the Affiliate reserves the right to terminate the Affiliate Agreement. In case the Affiliate does not terminate the Affiliate Agreement, it will be understood that the Affiliate has accepted the Terms and Conditions.

9.4 In the event that any definition in this Agreement is deemed to be in contradiction to applicable law, then that definition will be amended in such a manner that is it compliant with the applicable law, but taken into account the meaning of the definition in question.


Article 10 - Applicable Law and Qualified Judge

10.1 The General Terms and Conditions and Affiliate Agreement will be administrated under The Netherlands Law and any disputes will be brought before a judge in The Netherlands.