Terms of Service for FlirtLeads

1. Eligibility and Affiliate Account

The FlirtLeads affiliate program is intended exclusively for adults and businesses acting in the course of a commercial, entrepreneurial or self-employed activity.

The Affiliate must be at least 18 years old and legally capable of entering into binding contracts.

If a person acts on behalf of a company or other organisation, that person confirms that they are authorised to represent that organisation.

All information provided to FlirtLeads, including identity, company, tax, contact and payment information, must be complete, accurate and kept up to date.

FlirtLeads may request appropriate evidence of identity, business status, tax registration, bank details or traffic sources before activating an account or processing a payment.

The Affiliate is responsible for maintaining the confidentiality of login credentials and for all activity conducted through the account. Accounts may not be sold, transferred, rented or shared with third parties without the prior written consent of FlirtLeads.

FlirtLeads may merge or suspend multiple accounts belonging to the same person or organisation if there is no legitimate business reason for maintaining separate accounts.

2. Participation in the Affiliate Program

FlirtLeads grants the Affiliate a limited, revocable, non-exclusive and non-transferable right to use the provided affiliate links, tracking tools, trademarks and promotional materials solely for the purpose of promoting approved offers.

The Affiliate agrees in particular to:

• comply with all applicable advertising, consumer protection, privacy, communications, competition and age-protection laws;
• properly disclose advertising and affiliate relationships where legally required;
• use only lawful and transparent traffic sources;
• refrain from making false or misleading statements about promoted services;
• refrain from misrepresenting prices, services, memberships or characteristics of an offer;
• comply with geo, age, platform and other campaign restrictions;
• promptly remove promotional materials that are no longer valid or have been withdrawn by FlirtLeads.

FlirtLeads may impose additional terms for individual offers. These may include permitted countries, traffic sources, promotional methods, commission rates and restrictions.

The campaign conditions displayed in the Affiliate account or with the relevant offer form part of this agreement.

3. Prohibited Activities and Invalid Traffic

Without prior express written approval, the following activities are prohibited in particular:

• spam or other unlawful direct marketing;
• purchased or unlawfully obtained email addresses or contact data;
• cookie stuffing;
• forced clicks or forced redirects;
• automated clicks, bots or artificially generated traffic;
• fraudulent or fictitious registrations;
• fictitious or manipulated sales;
• incentive, cashback or reward traffic;
• adware, spyware, malware or browser manipulation;
• misleading pop-ups, system messages or push notifications;
• fake reviews or fake user profiles;
• misleading landing pages or pre-landers;
• domain typosquatting;
• unauthorised trademark or brand keyword bidding;
• use of FlirtLeads trademarks or promoted brand names in domains, social media account names or app names without permission;
• manipulation or circumvention of tracking systems;
• artificial duplication of leads, registrations or transactions;
• traffic from prohibited countries or sources;
• content or advertising involving minors or sexualising minors;
• unlawful, fraudulent, exploitative or otherwise prohibited content.

The Affiliate may not create the impression of being an employee, operator, support representative or official representative of FlirtLeads or any promoted platform.

In particular, for dating offers, the Affiliate may not make false guarantees regarding contacts, replies, meetings or success rates.

4. Own Purchases and Test Transactions

Purchases, self-registrations or transactions made by the Affiliate through their own affiliate links are generally not eligible for commission.

The same applies to artificially coordinated purchases or registrations whose primary purpose is generating an affiliate commission.

Test transactions may only be carried out after prior coordination with FlirtLeads.

FlirtLeads may reject or retroactively reverse commissions generated through such transactions.

5. Sub-Affiliates and Third Parties

The use of sub-affiliates, affiliate networks or other third parties to distribute FlirtLeads offers requires prior approval by FlirtLeads.

The Affiliate remains responsible for all actions of its sub-affiliates and other partners engaged by the Affiliate.

Upon request, the Affiliate must disclose the actual traffic sources and, where applicable, the involved sub-affiliates to FlirtLeads.

6. Tracking and Attribution of Commissions

Commissions are determined based on the tracking systems of FlirtLeads and the attribution rules applicable to the relevant offer.

Unless a clearly verifiable error exists, the records of FlirtLeads shall be authoritative for the attribution of clicks, registrations, sales and commissions.

Browser settings, ad blockers, cookie restrictions, network issues, third-party systems, technical changes or other factors may result in certain actions not being tracked or being tracked with delay.

FlirtLeads therefore does not guarantee that every click, registration or transaction will be technically recorded or attributed to an Affiliate.

7. Preliminary Statistics and Technical Errors

Clicks, leads, sales, revenue and commissions displayed in the Affiliate dashboard are initially preliminary values.

Displayed values may be adjusted, in particular due to:

• delayed payment or tracking notifications;
• technical errors;
• deduplication;
• refunds;
• chargebacks;
• cancelled payments;
• payment fraud;
• fraud reviews;
• incorrect attribution;
• subsequent reports from payment providers or advertising partners.

A displayed amount does not create an irrevocable payment entitlement before final approval.

FlirtLeads will make reasonable efforts to investigate and correct technical errors and incorrect settlements promptly after becoming aware of them.

However, FlirtLeads does not guarantee uninterrupted or error-free operation of the platform, tracking systems or real-time statistics.

Obvious or demonstrable technical or calculation errors may also be corrected retroactively.

8. Commissions

The amount of commission, qualifying events, tiers, countries, products and other conditions are determined by the relevant offer or the Affiliate account.

A commission is earned only for valid, completed and confirmed transactions.

Commissions may in particular be cancelled or rejected in case of:

• refunds;
• chargebacks;
• cancelled or incomplete payments;
• payment fraud;
• invalid or fraudulent traffic;
• breaches of campaign terms;
• tracking manipulation;
• technical misbookings;
• test or self-transactions;
• breaches of these Terms of Service.

FlirtLeads does not guarantee any particular number of conversions, sales, revenue or earnings.

9. Approval and Payment of Commissions

Commissions become eligible for payment no earlier than 45 calendar days after the successful underlying payment by the end customer.

The 45-day period begins separately for each payment.

Recurring payments are each subject to their own approval period.

Payment is subject to:

• successful processing of the underlying payment;
• correct attribution of the transaction to the Affiliate;
• no refund, chargeback or other dispute;
• no ongoing fraud or compliance review;
• complete identity, tax and payment information.

After approval, payment will be made according to the payment schedule and payment methods shown in the Affiliate account.

Any payout thresholds, bank fees or other payment conditions will be displayed in the Affiliate account or agreed separately.

The Affiliate is solely responsible for its own tax obligations and any required invoices, declarations or filings.

10. Refunds and Chargebacks After Payment

A commission that has already been approved or paid may be corrected retroactively if the underlying customer payment is later:

• charged back;
• refunded;
• cancelled;
• classified as fraudulent;
• reversed by a payment provider or card issuer.

FlirtLeads may offset corresponding amounts against existing or future commissions.

Any resulting negative account balance may be offset against future commissions.

11. Fraud, Compliance and Risk Reviews

If there is reasonable suspicion of fraud, manipulation, prohibited traffic, payment fraud, money laundering, abuse or another material breach of these Terms, FlirtLeads may temporarily withhold affected commissions.

If the suspicious activity cannot clearly be attributed to specific commissions, FlirtLeads may temporarily freeze the entire available Affiliate balance until the matter is resolved.

Such a hold may remain in place until the investigation has been completed or until required information has been received from payment providers, advertising partners, banks, card schemes or other relevant parties.

FlirtLeads may request evidence relating to:

• traffic sources;
• advertising campaigns;
• domains;
• advertising accounts;
• creatives;
• consents;
• campaign statistics;
• sub-affiliates.

FlirtLeads will process such reviews within a reasonable period of time.

No interest will accrue on amounts withheld during a legitimate review.

If the suspicion proves unfounded, the affected commissions will be released in accordance with the normal payment rules.

If a material breach is confirmed, affected commissions may be permanently cancelled and the Affiliate account may be suspended or terminated.

12. Disputes Regarding Settlements

Any dispute relating to tracking data, commissions or settlements must be submitted within 30 days after the relevant transaction or settlement becomes visible.

The Affiliate must provide sufficient information to identify the relevant transaction and, where applicable, suitable supporting evidence.

FlirtLeads will review reasonable claims and correct verified errors.

13. Privacy and Tracking Technologies

Each party is responsible for complying with the privacy laws applicable to it.

Where the Affiliate uses cookies, tracking pixels, fingerprinting, analytics tools or similar technologies on its own websites, landing pages, apps or advertising channels, the Affiliate is responsible for providing any legally required information and obtaining valid consent where required.

Personal data may only be collected, processed and transferred lawfully.

The Affiliate may not transfer personal data to FlirtLeads that has been collected unlawfully.

14. Intellectual Property

FlirtLeads, Flirtways B.V., their licensors and the respective advertising partners retain all rights in their trademarks, software, services, data, designs, texts and promotional materials.

Promotional materials may only be used within the scope of the Affiliate program and in accordance with the applicable offer terms.

Without prior approval, the following are prohibited in particular:

• removing trademark or copyright notices;
• misleading modification of promotional materials;
• reverse engineering;
• automated extraction of non-public data;
• use of protected trademarks in the Affiliate's own domains or company names;
• disclosure of non-public materials to unauthorised third parties.

15. Confidentiality

Non-public commercial, technical, financial or campaign-related information of FlirtLeads must be treated as confidential.

This includes in particular non-public:

• commission agreements;
• conversion data;
• campaign data;
• technical information;
• customer data;
• pricing structures;
• business strategies.

Such information may only be used for participation in the Affiliate program.

16. Changes and Discontinuation of Offers

FlirtLeads may modify, suspend or discontinue individual offers, countries, promotional materials, tracking methods or campaigns at any time.

Commission rates and future campaign terms may be changed for future transactions.

Commissions already properly earned and validated will not be retroactively reduced solely because of a change to the future commission rate.

This does not affect corrections due to technical errors, fraud, refunds, chargebacks or other circumstances governed by these Terms.

17. Suspension and Termination

The Affiliate may request closure of its account at any time.

FlirtLeads may temporarily suspend an account or terminate the cooperation, in particular:

• in case of material breaches of these Terms;
• in case of suspected fraud;
• in case of unlawful traffic;
• to protect users or third parties;
• upon request of authorities or payment providers;
• for compliance or security reasons;
• where continued operation of an offer is no longer economically, legally or technically feasible or reasonable.

In cases of serious or intentional misconduct, suspension or termination may take place without prior notice.

Upon termination, the right to use FlirtLeads trademarks, links and promotional materials ends.

Properly earned and undisputed commissions generally remain payable after expiry of the applicable approval period.

Commissions related to fraud, prohibited activities or other material breaches may be cancelled or withheld.

18. Availability of Services

FlirtLeads aims to maintain high availability of the platform and tracking services.

However, uninterrupted, error-free or continuous availability cannot be guaranteed.

To the extent permitted by law, FlirtLeads is not liable for outages or delays caused in particular by:

• internet or network failures;
• hosting or infrastructure issues;
• DDoS attacks;
• maintenance;
• payment providers;
• third-party providers;
• browser or platform changes;
• force majeure;
• regulatory or legal measures.

19. Liability

To the extent permitted by law, neither party shall be liable for indirect damages, consequential damages or loss of profit, revenue, business opportunities, goodwill or data.

To the extent permitted by law, the total liability of Flirtways B.V. arising out of or in connection with the Affiliate program shall be limited to the commissions actually paid or payable to the relevant Affiliate during the six months preceding the event giving rise to the claim.

Liability for intent and any other liability that cannot legally be excluded remains unaffected.

20. Indemnification

To the extent permitted by law, the Affiliate shall indemnify Flirtways B.V. against third-party claims arising in particular from:

• unlawful or misleading advertising by the Affiliate;
• unlawfully collected data;
• prohibited traffic sources;
• content or promotional materials of the Affiliate;
• infringement of third-party rights;
• actions of sub-affiliates;
• material breaches of these Terms of Service.

21. Independent Contractors

Participation in the Affiliate program does not create an employment relationship, partnership, agency, joint venture, franchise relationship or other authority to represent FlirtLeads.

The Affiliate acts as an independent contractor and is not authorised to enter into obligations on behalf of FlirtLeads or Flirtways B.V.

22. Changes to These Terms of Service

FlirtLeads may amend these Terms of Service where necessary due to technical, economic, legal or regulatory developments.

Material changes will be communicated to Affiliates in an appropriate manner, for example through the Affiliate account or by email.

Changes generally apply prospectively.

Urgent changes required due to legal requirements, fraud prevention, security or payment provider requirements may take effect immediately.

23. Governing Law and Jurisdiction

This agreement is governed by the laws of the Netherlands.

To the extent permitted by law, the competent courts in the Netherlands shall have exclusive jurisdiction over disputes.

Mandatory statutory provisions remain unaffected.

24. Final Provisions

If any provision of these Terms of Service is invalid or unenforceable, the remaining provisions remain unaffected.

Failure to enforce a provision in an individual case shall not constitute a permanent waiver of the right to enforce that provision.

These Terms of Service, the Privacy Policy, the applicable offer terms and any individual written agreements constitute the entire agreement regarding participation in the FlirtLeads Affiliate program.

In the event of a conflict, individually agreed written terms shall take precedence over these general Terms of Service.

Contact

Flirtways B.V.
Eurode-Park 1/32
6461 KB Kerkrade
The Netherlands

Chamber of Commerce No.: 94794553
VAT ID: NL866894718B01

Email: [email protected]