General Terms & Conditions - Insparx Affiliates

GENERAL TERMS and CONDITIONS

of Affiliate Programs of Insparx GmbH partners

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AFFILIATE GENERAL TERMS and CONDITIONS of be2 S.à.r.l. (be2 GTC)

(Status: December 16th 2020)

Preamble

The following general terms and conditions (“be2 GTC”) together with the special rules of the selected campaign/s govern the Affiliate Program (“Program”) of be2 S.à.r.l., 13 rue du Commerce, L-1351 Luxembourg, Luxembourg (“Advertiser”) and therefore are the complete contractual relationship between Advertiser and Affiliate (“Affiliate”) for all campaigns offered by Advertiser and selected by Affiliate:

§ 1 Definitions

(a) The selected campaigns and these be2 GTC are collectively referred to as this “Agreement”.

(b) Advertiser and Affiliate are referred to as “party” and collectively referred to as the “Parties”.

(c) “Program” shall be be2 Affiliate Platform on which Advertiser offers to the participating Affiliates a variety of campaigns to select from.

(d) “Campaigns” shall be the different advertising possibilities which Affiliate can select to promote them on its website(s). Campaigns offered by Advertiser be2 are labeled as “be2, Academicsingles, Leparfaitgentleman, Singles50, Kultiviertesingles” campaigns in the Program.

(e) “Action” means an act or event by a third party upon which the Cost Per Acquisition (CPA), Cost Per Click (CPC), Cost Per Thousand (CPM), Cost Per Lead (CPL), Cost Per Download (CPD), Cost Per Install (CPI), Cost Per Sale (CPS) or any other payment is based, as defined in the campaign selected.

(f) “Lead”: confirmed registration from a real user

(g) “Sale” or “Order”: subscription/membership done with a valid credit card

§ 2 Program Participation

(a) Affiliate Application and Account

i. To become a member of Advertiser’s Program the Affiliate shall send a request for its participation to Advertiser. In case Affiliate has worked with Advertiser before via another network, Affiliate shall promptly notify Advertiser about this fact in its request.

ii. Advertiser reserves the right to refuse the request to its sole discretion.

iii. By signing up the Affiliate accepts these be2 GTC. Any differing GTC of Affiliate are expressly excluded and not accepted.

iv. By signing up the Advertiser accepts the attached Privacy Statement of be2 (see below).

v. Advertiser reserves the right to refuse the signing up to its sole discretion. If Affiliate’s signing up is accepted, Advertiser provides Affiliate with the login data to Affiliate’s Account.

vi. Affiliate shall immediately at first login change its password, control and if necessary correct its Account info data.

(b) Affiliate’s warranty

Affiliate warrants that:

i. if the application is done for a company or other legal entity the person signing up has the authority to enter into this binding Agreement on behalf of this company or this other legal entity.

ii. if application is done for an affiliate network, the network has bound its affiliates to the same conditions and restrictions as network is bound to under these be2 GTC.

iii. the data Affiliate provides for signing up and also later in its Program Account is at all times complete and accurate. In case of later changes, Affiliate is solely responsible to update its data within 3 (three) business days.

iv. any Pixel/s which Affiliate has provided/will provide to be2 for integration on its website/s does/do NOT fire any personal data (e.g. IP address of end customer) to Affiliate or any third party, no matter whether Affiliate integrated the Pixel itself or Advertiser integrated/s the Pixel for Affiliate.

v. Affiliate keeps the login data for Affiliate’s Account at all times strictly confidential and does not forward it to any third parties. Affiliate promptly informs Advertiser in case of a real or alleged loss of login data or a third party having or allegedly having access to Affiliate’s Account.

§ 3 Use of the Program

(a) Campaigns

i. Advertiser is free to select any and all campaigns provided in the Program.

ii. Advertiser reserves the right to refuse any campaign request to its sole discretion.

iii. Campaigns may contain further restrictions concerning promotion of the campaigns and/or requirements concerning the validity of actions, leads, etc. Generally Advertiser solely accepts leads/sales of the country origin.

iv. Advertiser reserves the right to modify campaign conditions at any time at its sole discretion with effect for the future. Advertiser will near-term notify Affiliate of the changes via email.

v. Both parties may terminate this agreement anytime by providing notice to the other party.

(b) Advertising material

Affiliate may either:

i. use Advertiser’s advertising material provided by Advertiser in selected campaign.

Advertiser’s advertising material shall solely be used “as is”.
Affiliate is not allowed to:

– make any modifications to this material;

– combine Advertiser’s advertising material with anything else;

– use Advertiser’s advertising material on any pornographic websites;

– use any other material of Advertiser which is not provided in the selected campaign;

– copy any creatives or texts from Advertisers websites.

ii. create its own advertising material.

Affiliate creates such own advertising material completely at its sole cost and expense.
Affiliate is not allowed to:

– use any Advertiser’s advertising material in combination with Affiliate’s own advertising material;

– use /mention any of Advertiser’s logos, brand names or URL in combination with Affiliate’s own advertising material.

iii. All published advertising material will be subject to the Advertiser’s prior approval.

(aa) Affiliate is not allowed to:

i. use any material (photos, etc.) for which Affiliate has no copyright or proper license for

ii. use any material (photos, etc.) which consists of or contains photos of persons under the age of eighteen (18) years, even if Affiliate has copyright or proper license for such material

iii. use Advertiser’s brand (logos, brand names, URL, etc.) to promote sites that do not belong to Advertiser’s portfolio

iv. promote Advertiser’s campaigns on sites that show no content, only banners

v. promote Advertiser’s campaigns on sites that are not existing yet or (still) under construction

vi. promote Advertiser’s campaigns on sites that contain illegal, pornographic or any racist content

vii. promote Advertiser’s campaigns on sites that are not available or returning an error

viii. involve any spyware, adware, spoofing, phishing or the violation of the terms of service/use, privacy policy or advertising guidelines of any website

ix. run an automatic re-direct from Affiliate site to one of Advertiser’s domains/pages

x. to send any incentivized traffic to Advertiser

xi. generate any fraudulent traffic and/or forward such traffic to Advertiser, this includes any fraudulent promotional methods, like creation of fake profiles on social media platforms

xii. to offer any discounts or free offers for Advertiser’s products, unless this is expressly mentioned in the campaign selected

xiii. link directly to an Advertiser’s domain (e.g. be2.de, academicsingles.co.uk, leparfaitgentleman.fr, singles50.dk, kultiviertesingles.ch) in Google Search, Google Search Network, Yahoo! Search Marketing or Bing/MSN, etc., but link to Affiliate’s own domain without the explicit prior consent by Advertiser.

xiv. bid on adwords which are identical to or include Advertiser’s brands and trademarks, including any misspellings of Advertiser’s brands and trademarks including, but not limited to, the below listed misspellings; as far as possible, all the misspellings should be requested to be added as negatives without the explicit prior consent by Advertiser.

xv. bid on keywords which are identical to or include Advertiser’s brands and trademarks, including any misspellings of Advertiser’s brands and trademarks including, but not limited to, the below listed misspellings; as far as possible, all the misspellings should be requested to be added as negatives without the explicit prior consent by Advertiser.

xvi. bid on adwords which are identical to or include brands and trademarks of Advertiser’s competitors, including any misspellings without the explicit prior consent by Advertiser.

xvii. bid on keywords which are identical to or include brands and trademarks of Advertiser’s competitors, including any misspellings without the explicit prior consent by Advertiser.

Advertiser’s brand misspellings (list is not exhaustive):
be2, be 2, b2, b 2, betwo, be two, btwo, b two, betoo, be too, btoo, b too, bee2, bee 2, beetwo, bee two, beetoo, bee too, betu, be tu, btu, b tu, beetu, bee tu, 2be, 2 be, 2b, 2 be, Academic Singles, Le Parfait Gentleman, singles 50, kultivierte singles

(bb) In case of email Advertising:

email advertising in Germany is not allowed. For any questions, please approach your account manager.

Please Note: in case of email advertising Affiliate guarantees not to send any advertising to the email addresses listed on current blacklist of be2 S.à.r.l.. Affiliate will have to consent to blacklist in the course of his registration. Blacklist will be updated from time to time, Affiliate is responsible to check blacklist each time before sending out e-mail advertising. In case of infringement affiliate will take the full responsibility, indemnify be2 S.à.r.l. for all arising costs at first request.

Affiliate shall maintain a regularly updated suppression list containing all current unsubscribe requests and comply at all times with the current European data protection laws (opt-out possibility, no spam, etc.).

In particular Affiliate shall not send out any emails promoting our company and/or any of its products and/or services without prior express consent of the recipient. Affiliate shall ensure that such aforesaid consent complies with the following requirements (notwithstanding and without prejudice to any and all further respective requirements under the applicable laws):

(1) The consent must be expressly granted by the applicable recipient;

(2) No pre-ticked checkbox allowed

(3) Consent text must comprise name and business address of company which is going to send the promotional emails

(4) Consent text must contain a concrete description for which kind of services consent is given and which company offers those services

(5) Consent text must contain the information that the consent may be revoked anytime

(6) User must be able to look up the content of his consent anytime (which requirement is fulfilled where the consent text is included in the confirmation email as detailed below)

(7) For IP addresses in Germany: Double-Opt-In is required. Procedure of consent, content of consent together with complete consent text and the data filled in in the framework of giving consent shall be archived in such a way that the consent can be proven completely and comprehensibly in front of court by presenting print-outs.
For such purpose, the Double-Opt-In procedure shall be implemented subject to the following specifications:

i. the user receives an answer email after he has given his consent on a website, answer email contains a confirmation link. Answer email which contains the confirmation link must contain the consent text, be free of advertising and shall be approximately as follows:

„You registered for our newsletter. Content of your consent:

I consent to the receipt of newsletters and information via email about new products, campaigns and other offers of ______________ (company name and address) for dating-services. I can revoke my consent anytime, e.g. via email to______________ (email-address).“

Please click on the link below to finish your registration:

____________________ [confirmation link]“

ii. if users clicks on confirmation link, he receives the newsletter.

iii. if user does not click on confirmation link (within reasonable period of time – approximately 2 weeks), no newsletter will be sent to user. Confirmation link must be clear and explicit

iv. documented shall be (in anytime printable format):

· Email request of person registering, including the consent text

· Archiving of the registration website (including the period of website being live)

· URL of registration website, via which the request of person registering has been sent

· IP-address of person registering at the date of giving consent (Note: in case of dynamic IP-addresses IP-address has only limited evidential value)

· date and time of request of person registering

· data filled in at registration by person registering

· answer-email including the confirmation link, including date and time (possibly also: IP-address of recipient)

· activation of email address via the link by user, with date, time and IP-address

· activation email created by system after confirmation with date and time (possibly also: IP-address of recipient)

Affiliate will at all times insert the tracking code/s on its site/s.

(cc) Affiliate undertakes to pay a contractual penalty of Euro 500.00 (five hundred) to the Advertiser for every case of culpable violation of the requirements and obligations regarding e-mail marketing under this clause §3 (c) (bb).

(d) Facebook advertising rules

Facebook advertising for Advertiser is only allowed under the condition that the Affiliate:

· Complies at all times with the (i) Facebook Advertising Guidelines; (ii) and the Facebook Ads Policy; (iii) and the Facebook Guidelines for Dating in all advertisements for Advertiser’s brands and trademarks

· Selects in the be2 Affiliate Program “social” as traffic source

· Sends an e-mail to its Advertiser’s Account manager to ask for prior approval to run Facebook Ads

· Receives this approval from the Advertiser’s Account manager

· Uses solely the Facebook ads as provided by the Advertiser for this purpose

· In case the Affiliate wants to create its own Advertising material the Affiliate needs to get prior approval from its Advertiser’s Account manager to run any of these specific creatives, texts and targeting.

In case the Affiliate infringes our Facebook advertising rules above all pending conversions and approved conversions that have not been paid out yet will be declined and the Affiliate will be removed immediately from the Program. This shall not restrain Advertiser to claim further damages from the Affiliate arising from this infringement. The Affiliate will not be allowed to ever run through the Program again, this also includes Affiliate acting through any another entity, company or network.

(e) Reports

Reports are provided in Advertiser’s Program within the Affiliate’s Account. Affiliate shall check reports regularly himself. In the event of a discrepancy between Advertiser’s reports and the Affiliate’s pixel tracking, the smaller number of Actions recorded between the two methods shall prevail.

§ 4 Payment

(a) All actions (e.g. impressions, leads, sales, etc.) are subject to manual approval by Advertiser. Advertiser reserves the right to reject any action in its sole discretion at any time.

Actions to be rejected are such as the following, but not limited to:

-any leads or sales not generated in the country of origin

-any unfinished leads (e.g. user stops registration before completion)

-any reversed or refunded sales (e.g. chargebacks)

(b) In-App campaigns (Android/iOS): if Advertiser pays on CPI model (=pay per install) the install-to-registration rate shall be maintained by Affiliate at 20% or higher at any time. Whenever this rate falls below 20% during any time period (hour or day), any and all installs (CPI) occurring during that time period do not qualify for payment and will be rejected by Advertiser.

(c) Final approved states are published in the Affiliate Account the latest 3 (three) business days after the end of each month.

(d) In case campaign contains a cap (=maximum payout amount for campaign or maximum number of clicks/leads/sales, etc. accepted for campaign) all clicks/leads/sales, etc. exceeding this cap do not qualify for payments. Affiliate is solely responsible to monitor the reaching of this cap.

(e) Advertiser pays out approved leads/sales commission once a month. Rejected actions are not valid for any payment by Advertiser. Payment is done 15 days following end of calendar month. Payment will only be done if the payout threshold is reached: Euro 50.00 (fifty) for European and Paxum bank accounts resp. Euro 100.00 (one hundred) for non-European bank accounts (due to banking fees).

(f) Advertiser automatically deducts from approved commission amount any accruing chargeback fees and chargeback handling costs. In case chargeback fees and handling costs exceed the approved commission amount, Advertiser invoices the outstanding fees and costs to Affiliate. Such Advertiser invoices are due immediately.

(g) Affiliate shall pay all sales and other taxes which may be apply to the Parties in connection with this Agreement, except for the Advertiser’s income taxes.

§ 5 Intellectual Property

(a) Advertiser grants Affiliate a non-exclusive, transferable, worldwide right to use Advertiser’s advertising material as provided in the selected campaign solely for the purpose to promote the selected campaigns under the conditions and restrictions as set forth in the Agreement.

(b) Each party will retain and own all intellectual property rights in and to its business, its trademarks, its Services, its websites, logos, texts, graphics, etc. and any of its data provided to the other party, without limitation.

(d) Affiliate shall not reverse engineer the Program, or disassemble, decompile, or otherwise apply any procedure or process to the Program in order to ascertain or derive the source code or source listings for the Program or other software provided under this Agreement, or any algorithm, process, procedure or trade secret information contained in the Program or any software provided by the Advertiser.

§ 6 Affiliate Warranties

(a) Affiliate warrants that:

i. concerning its own advertising material created and/or used, it owns and/or has any and all rights (including, without limitation, licensee rights) which are necessary to permit the use and that the material complies with any applicable legal requirements; especially that it does not infringe any third party rights of any kind.

ii. no part of the Affiliate’s own Advertising material will violate any laws, be defamatory; or contain viruses, trojans, worms, time bombs or other similar harmful or deleterious programming routines;

iii. no advertising is targeted to consumers under the age of eighteen (18) years;

iv. Affiliate complies with all conditions and restrictions set forth herein, especially, but not limited to those under § 3 of these be2 GTC and with all set for the in the selected campaign/s.

(b) Affiliate prior to loading any computer program onto an individual’s computer including, without limitation, has provided clear and conspicuous notice to the customer and has received express consent of, such individual prior to install such computer program;

§ 7 Disclaimer of Advertiser Warranties

(a) Advertiser to its best effort takes care that its advertising material and websites comply at all time with any applicable legal requirements; especially that it does not infringe any third party rights of any kind. In case of a failure to comply with any legal requirements or an infringement of third party rights Advertiser takes care to cease the infringement in time. Advertiser expressly excludes any warranties towards Affiliate based on this.

(b) The Advertiser provides its Program on an “AS IS” and “AS AVAILABLE” basis, without any warranty of any kind and without any guarantee of continuous or use.

(c) In the event of interruption of the Program and/or the Advertiser’s websites the Advertiser’s sole obligation towards Affiliate will be to restore the Program and/or the websites as soon as commercially practicable.

(d) The Advertiser hereby disclaims all warranties of any kind, whether express or implied, including, but not limited to, the implied warranty of merchantability or fitness for a particular purpose and implied warranties arising from course of dealing or course of performance.

§ 8 Confidential Information

(a) As used herein, “Confidential Information” means any information disclosed during the term of this Agreement by one party (the “disclosing party”) to the other party (the “receiving party”) which is or should reasonably be understood to be confidential and/or proprietary, including, without limitation, the material terms of this Agreement and/or any IO (including, without limitation, pricing), technical processes and other unpublished financial information, business secrets, product and business plans. In addition, any information expressly designated as “Confidential” by either party shall be treated as Confidential Information.

(b) The receiving party shall hold the Confidential Information strictly confidential, and except for the disclosing party having given its prior written consent, the receiving party shall not use such Confidential Information for any purpose other than to exercise its rights and perform its obligations hereunder. The receiving party shall not disclose any Confidential Information to any person or entity, except to those of its employees, professional advisers and agents who need to know such information in order for the receiving party to exercise its rights or perform its obligations hereunder; and who have been made aware of the confidential nature of such information and have been bound to the same confidentiality obligation as the receiving party. Each party shall be responsible for the compliance by each of its employees, professional advisers or agents with the terms of this clause in respect of the Confidential Information of the other party.

(c) Confidential Information does not include any information that: (i) is at the time of disclosure available to the general public or at a later date becomes available to the general public through no violation of this Agreement; (ii) as shown by written records, was specifically known to, or in possession of, the receiving party at the time of its disclosure by the disclosing party or its agent/s free of any confidentiality obligation; (iii) as shown by written records, is acquired by the receiving party through a third-party which is not thereby breaching any obligation of confidence to the disclosing party known to the receiving party; or (iv) is independently developed by the receiving party without reference to any of the disclosing party’s Confidential Information.

(d) In the event that the receiving party becomes legally obliged or obliged by a court or another authority to disclose any of the Confidential Information, the receiving party will provide the disclosing party with prompt prior written notice of such requirement so that it may seek any appropriate remedy and/or waive compliance with the terms of this Agreement. In the event that such remedy is not obtained, or the disclosing party waives compliance with the provisions hereof, the receiving party may disclose only such portion of the Confidential Information that is legally required to be disclosed.

(e) The receiving party agrees that monetary damages for breach of confidentiality may not be adequate and that the disclosing party shall be further entitled to seek injunctive relief.

§ 9 Termination

(a) Form

Either party may terminate this Agreement or any campaign, for any reason, anytime by providing notice to the other party. Notice shall be delivered via email to:

i. the Affiliate’s contact email address as provided in the Affiliate Account

ii. the Advertiser’s responsible Affiliate Account manager

(b) Effect of termination:

i. Affiliate’s right to use any of Advertiser’s advertising material immediately stops with effective date of the termination.

ii. Affiliate shall stop any and all promotions of Advertiser’s campaigns to this date.

iii. Affiliate has to automatically return or delete any of Advertiser’s advertising material. In case of deletion Affiliate has to give proof to Advertiser of deletion.

iv. Any accrued but unpaid payment obligations, shall survive termination. Advertiser shall pay the Affiliate in the event of termination, for any Actions which are approved by Advertiser that result from advertising placed or sent by the Affiliate prior to termination.

i. In case of Affiliate’s breach of the Agreement, particularly of any conditions or restrictions set forth in the Agreement, such as, but not limited to, generating and/or forwarding fraudulent actions to Advertiser, Advertiser may immediately terminate all campaigns selected by Affiliate and close Affiliate’s Account without any prior notice.

ii. In this case Advertiser does not owe Affiliate any commission and/or further pay-out. Advertiser is further entitled to claim further damages from Affiliate concerning the breach of the Agreement.

iii. Affiliate and its successors are irrevocably excluded from applying and/or participating to Advertiser’s Affiliate Program to any time in the future from thereon, no matter if application/participation takes place under the same Account data which has been terminated for cause or under any other Account data. In case Advertiser detects that an Affiliate has infringed this Clause 9 (c) iii., Advertiser has the right to immediately terminate Affiliate’s Account for cause, i.e. with immediate effect with the consequences are defined in this Clause 9 (c). In addition to that Affiliate is obliged to pay Advertiser a penalty for each case of infringement in the amount of Euro 50,000.00 (fifty thousand) or the maximum amount possible by law.

(d) Clauses 2 (b), 3, 4 (e), 5-12 shall survive termination.

§ 10 Liability Limitations

(a) In no event will either party be liable for any special, punitive incidental, consequential or other indirect damages, including, without limitation, damages for interrupted communications, loss of use, lost business, lost data or lost revenues or profits (even if such party was advised of the possibility of any of the foregoing), arising in any way out of or in connection with this Agreement.

(b) This exclusion of liability will not apply in case Affiliate generates and forwards any fraudulent actions to Advertiser that result in penalties or any other claims of Advertiser’s credit card partners. Affiliate is fully liable for any and all damages arising out such fraudulent actions for Advertiser.

(c) The Advertiser will not be liable, or considered in breach of this Agreement and/or any applicable campaign, on account of any delay or failure to perform under this Agreement and /or any applicable campaign as a result of causes or conditions that are beyond the Advertiser’s control.

(d)The Advertiser is in no way liable for any acts/omissions of third parties, e.g. payment providers, unless Advertiser has caused them.

(e) The Advertiser’s liability will be in any way limited to the amounts paid to the Affiliate by Advertiser pursuant to this Agreement during the period of twelve (12) months immediately preceding the event on which such liability is based upon.

(f) The disclaimer will not apply as far as prohibited by law. The disclaimer will not apply in case of damages resulting from injury to life, body or health caused by willful misconduct or gross negligence of Provider or any of its legal representatives.

The disclaimer will not apply for damages caused by willful misconduct or gross negligence of Advertiser or its legal representatives leading to a breach of the core contractual obligations.

§ 11 Indemnification

Affiliate agrees to indemnify, defend, and hold harmless the Advertiser, its managers, officers, employees and external service providers from and against any and all third party claims, and all liabilities, damages, costs and expenses including reasonable attorneys’ fees related thereto, arising out of, resulting from or otherwise relating to Affiliate’s breach of any term of this Agreement, including, without limitation, any representation or warranty of Affiliate contained herein; the Affiliate’s Advertising or Affiliate’s own Advertising material, in any manner whatsoever; and/or Affiliate’s gross negligence or willful misconduct.

§ 12 Non-Solicitation of Advertiser’s employees

Affiliate will neither directly, nor indirectly strive to solicit any of the Advertiser’s employees within the duration of this Agreement and for a period of 12 months after termination. In case of a breach of this obligation Affiliate shall pay an amount of Euro 50,000.00 (fifty thousand) per event. Non-solicitation shall not include employees applying to general job vacancies of Affiliate.

§ 13 Miscellaneous

(a) This Agreement sets forth the entire agreement of the parties, and supersedes any and all prior oral or written agreements or understandings between the parties, as to the subject matter hereof. This Agreement becomes binding when Advertiser sends login data to Affiliate. If the Affiliate has any differing terms and conditions, these are not accepted and expressly excluded.

(b) Advertiser may modify these be2 GTC from time to time. Current be2 GTC are available in the Affiliate Account. Affiliate is obliged to regularly check the be2 GTC. The continuing use of the Program shall mean Affiliate’s acceptance of the modified be2 GTC. In case Affiliate refuses to accept the modified be2 GTC Affiliate shall terminate all campaigns it selected and the Agreement by sending notice to Advertiser’s responsible Affiliate Account manager.

Advertiser may also modify campaign details as defined under these be2 GTC in clause § 3 (a) iv. by sending email notification to Affiliate. In case Affiliate refuses to accept the modified campaign Affiliate shall terminate this campaign by sending notice to Advertiser’s responsible Affiliate Account manager.

(c) The Program provided by the Advertiser under this Agreement and any campaigns are not exclusive to Affiliate. The Advertiser may offer the Program and the campaigns therein to any other person or entity in the Advertiser’s sole discretion, including Affiliate’s competitors. With respect to any “cost per acquisition” or CPA Campaign, or any co-registration Campaign, Affiliate agrees that any Action generated thereby is not exclusive to Affiliate and that Advertiser may, in its sole discretion, transmit any offers to such Action.

(d) This Agreement will be governed and construed in accordance with the laws of Luxembourg without giving effect to conflict of laws principles. Both parties consent to the exclusive jurisdiction of Luxembourg.

(e) If any term or other provision of this Agreement is determined to be invalid, illegal or incapable of being enforced by any rule or law, or public policy, all other conditions and provisions of this Agreement shall nevertheless remain in full force and effect so long as the economic or legal substance of the transactions contemplated hereby is not affected in any manner materially adverse to any party. Upon such determination that any term or other provision is invalid, illegal or incapable of being enforced, the Parties hereto shall negotiate in good faith to modify this Agreement so as to effect the original intent of the parties as closely as possible in an acceptable manner to the end that transactions contemplated hereby are fulfilled to the extent possible.

(f) Affiliate may not assign this Agreement without the prior written consent of Advertiser. The parties’ rights and obligations will bind and inure to the benefit of their respective successors, heirs, executors and joint administrators and permitted assigns.

(g) The parties hereto are independent contractors, and no agency, partnership, joint venture or employee-employer relationship is intended or created by this Agreement.

(h) All headings and captions are inserted for convenience of reference only and will not affect the meaning or interpretation of any provision in this Agreement.

(i) No waiver of any breach of any provision of this Agreement shall constitute a waiver of any prior, concurrent or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.

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AFFILIATE GENERAL TERMS and CONDITIONS of Interdate S.A. (Interdate GTC)

(Status: December 16th 2020)

Preamble

The following general terms and conditions (“Interdate GTC”) together with the special rules of the selected campaign/s govern the Affiliate Program (“Program”) of Interdate S.A., 13 rue du Commerce, L-1351 Luxembourg, Luxembourg (“Advertiser”) and therefore are the complete contractual relationship between Advertiser and Affiliate (“Affiliate”) for all campaigns offered by Advertiser and selected by Affiliate:

§ 1 Definitions

(a) The selected campaigns and these Interdate GTC are collectively referred to as this “Agreement”.

(b) Advertiser and Affiliate are referred to as “party” and collectively referred to as the “Parties”.

(c) “Program” shall be Interdate Affiliate Platform on which Advertiser offers to the participating Affiliates a variety of campaigns to select from.

(d) “Campaigns” shall be the different advertising possibilities which Affiliate can select to promote them on its website(s). Campaigns offered by Advertiser Interdate are labeled as “c-date, casualdating, cdating”, “New Honey” campaigns in the Program.

(f) “Lead”: confirmed registration from a real user

(g) “Sale” or “Order”: subscription/membership done with a valid credit card

§ 2 Program Participation

(a) Affiliate Application and Account

ii. Advertiser reserves the right to refuse the request to its sole discretion.

iii. By signing up the Affiliate accepts these Interdate GTC. Any differing GTC of Affiliate are expressly excluded and not accepted.

iv. By signing up the Advertiser accepts the attached Privacy Statement of Interdate (see below)

v. Advertiser reserves the right to refuse the signing up to its sole discretion. If Affiliate’s signing up is accepted, Advertiser provides Affiliate with the login data to Affiliate’s Account.

vi. Affiliate shall immediately at first login change its password, control and if necessary correct its account info data.

(b) Affiliate’s warranty

Affiliate warrants that:

i. if the application is done for a company or other legal entity the person signing up has the authority to enter into this binding Agreement on behalf of this company or this other legal entity.

ii. if application is done for an affiliate network, the network has bound its affiliates to the same conditions and restrictions as network is bound to under these Interdate GTC.

iii. the data Affiliate provides for signing up and also later in its Program account is at all times complete and accurate. In case of later changes, Affiliate is solely responsible to update its data within 3 (three) business days.

iv. any Pixel/s which Affiliate has provided/will provide to Interdate for integration on its website/s does/do NOT fire any personal data (e.g. IP address of end customer) to Affiliate or any third party, no matter whether Affiliate integrated the Pixel itself or Advertiser integrated/s the Pixel for Affiliate.

§ 3 Use of the Program

(a) Campaigns

i. Advertiser is free to select any and all campaigns provided in the Program.

ii. Advertiser reserves the right to refuse any campaign request to its sole discretion.

iv. Advertiser reserves the right to modify campaign conditions at any time at its sole discretion with effect for the future. Advertiser will near-term notify Affiliate of the changes via email.

v. Both parties may terminate this agreement anytime by providing notice to the other party.

(b) Advertising material

Affiliate may either:

i. use Advertiser’s advertising material provided by Advertiser in selected campaign.

Advertiser’s advertising material shall solely be used “as is”.
Affiliate is not allowed to:

– make any modifications to this material;

– combine Advertiser’s advertising material with anything else;

– use Advertiser’s advertising material on any pornographic websites;

– use any other material of Advertiser which is not provided in the selected campaign;

– copy any creatives or texts from Advertisers websites.

ii. create its own advertising material.

Affiliate creates such own advertising material completely at its sole cost and expense.
Affiliate is not allowed to:

– use any Advertiser’s advertising material in combination with Affiliate’s own advertising material;

– use /mention any of Advertiser’s logos, brand names or URL in combination with Affiliate’s own advertising material.

iii. All published advertising material will be subject to the Advertiser’s prior approval.

(aa) Affiliate is not allowed to:

i. use any material (photos, etc.) for which Affiliate has no copyright or proper license for

ii. use any material (photos, etc.) which consists of or contains photos of persons under the age of eighteen (18) years, even if Affiliate has copyright or proper license for such material

iii. use Advertiser’s brand (logos, brand names, URL, etc.) to promote sites that do not belong to Advertiser’s portfolio

iv. promote Advertiser’s campaigns on sites that show no content, only banners

v. promote Advertiser’s campaigns on sites that are not existing yet or (still) under construction

vi. promote Advertiser’s campaigns on sites that contain illegal or any racist content

vii. promote Advertiser’s campaigns on sites that are not available or returning an error

viii. involve any spyware, adware, spoofing, phishing or the violation of the terms of service/use, privacy policy or advertising guidelines of any website

ix. run an automatic re-direct from Affiliate site to one of Advertiser’s domains/pages

x. to send any incentivized traffic to Advertiser

xi. generate any fraudulent traffic and/or forward such traffic to Advertiser, this includes any fraudulent promotional methods, like creation of fake profiles on social media platforms

xii. to offer any discounts or free offers for Advertiser’s products, unless this is expressly mentioned in the campaign selected

xiii. link directly to any of Advertiser’s domains (e.g. c-date.de, casualdating.fr, cdating.ca, newhoney.com.mx) in Google Search, Google Search Network, Yahoo! Search Marketing or Bing/MSN, etc., but link to Affiliate’s own domain without the explicit prior consent by Advertiser.

xiv. bid on adwords which are identical to or include Advertiser’s brands and trademarks, including any misspellings of Advertiser’s including, but not limited to, the below listed misspellings; as far as possible, all the misspellings should be requested to be added as negatives without the explicit prior consent by Advertiser.

xv. bid on keywords which are identical to or include Advertiser’s brands and trademarks, including any misspellings of Advertiser’s including, but not limited to, the below listed misspellings; as far as possible, all the misspellings should be requested to be added as negatives without the explicit prior consent by Advertiser.

xvi. bid on adwords which are identical to or include brands and trademarks of Advertiser’s competitors, including any misspellings without the explicit prior consent by Advertiser.

xvii. bid on keywords which are identical to or include brands and trademarks of Advertiser’s competitors, including any misspellings without the explicit prior consent by Advertiser.

Advertiser’s brand misspellings (list is not exhaustive):
cdate, date-c, seedate, see-date, ceedate, new honey

(bb) In case of email Advertising:

email advertising in Germany is not allowed. For any questions, please approach your account manager.

Please Note: in case of email advertising Affiliate guarantees not to send any advertising to the email addresses listed on current blacklist of Interdate S.A.. Affiliate will have to consent to blacklist in the course of his registration. Blacklist will be updated from time to time, Affiliate is responsible to check blacklist each time before sending out e-mail advertising. In case of infringement affiliate will take the full responsibility, indemnify Interdate S.A. for all arising costs at first request.

(1) The consent must be expressly granted by the applicable recipient;

(2) No pre-ticked checkbox allowed

(3) Consent text must comprise name and business address of company which is going to send the promotional emails

(4) Consent text must contain a concrete description for which kind of services consent is given and which company offers those services

(5) Consent text must contain the information that the consent may be revoked anytime

(6) User must be able to look up the content of his consent anytime (which requirement is fulfilled where the consent text is included in the confirmation email as detailed below)

„You registered for our newsletter. Content of your consent:

Please click on the link below to finish your registration:

____________________ [confirmation link]“

ii. if users clicks on confirmation link, he receives the newsletter.

iii. if user does not click on confirmation link (within reasonable period of time – approximately 2 weeks), no newsletter will be sent to user. Confirmation link must be clear and explicit

iv. documented shall be (in anytime printable format):

· Email request of person registering, including the consent text

· Archiving of the registration website (including the period of website being live)

· URL of registration website, via which the request of person registering has been sent

· IP-address of person registering at the date of giving consent (Note: in case of dynamic IP-addresses IP-address has only limited evidential value)

· date and time of request of person registering

· data filled in at registration by person registering

· answer-email including the confirmation link, including date and time (possibly also: IP-address of recipient)

· activation of email address via the link by user, with date, time and IP-address

· activation email created by system after confirmation with date and time (possibly also: IP-address of recipient)

Affiliate will at all times insert the tracking code/s on its site/s.

(d) Facebook advertising rule

Facebook advertising is neither allowed for the brands c-date/casualdating/cdating, nor for New Honey.

In case the Affiliate infringes our Facebook advertising rule above all pending conversions and approved conversions that have not been paid out yet will be declined and the Affiliate will be removed immediately from the Program. This shall not restrain Advertiser to claim further damages from the Affiliate arising from this infringement. The Affiliate will not be allowed to ever run through the Program again, this also includes Affiliate acting through any another entity, company or network.

(e) Reports

§ 4 Payment

(a) All actions (e.g. impressions, leads, sales, etc.) are subject to manual approval by Advertiser. Advertiser reserves the right to reject any action in its sole discretion at any time.

Actions to be rejected are such as the following, but not limited to:

-any leads or sales not generated in the country of origin

-any unfinished leads (e.g. user stops registration before completion)

-any reversed or refunded sales (e.g. chargebacks)

(c) Final approved states are published in the Affiliate Account the latest 3 (three) business days after the end of each month.

(g) Affiliate shall pay all sales and other taxes which may be apply to the Parties in connection with this Agreement, except for the Advertiser’s income taxes.

§ 5 Intellectual Property

§ 6 Affiliate Warranties

(a) Affiliate warrants that:

iii. no advertising is targeted to consumers under the age of eighteen (18) years;

iv. Affiliate complies with all conditions and restrictions set forth herein, especially, but not limited to those under § 3 of these Interdate GTC and with all set for the in the selected campaign/s.

§ 7 Disclaimer of Advertiser Warranties

(b) The Advertiser provides its Program on an “AS IS” and “AS AVAILABLE” basis, without any warranty of any kind and without any guarantee of continuous or use.

§ 8 Confidential Information

(e) The receiving party agrees that monetary damages for breach of confidentiality may not be adequate and that the disclosing party shall be further entitled to seek injunctive relief.

§ 9 Termination

(a) Form

Either party may terminate this Agreement or any campaign, for any reason, anytime by providing notice to the other party. Notice shall be delivered via email to:

i. the Affiliate’s contact email address as provided in the Affiliate Account

ii. the Advertiser’s responsible Affiliate Account manager

(b) Effect of termination:

i. Affiliate’s right to use any of Advertiser’s advertising material immediately stops with effective date of the termination.

ii. Affiliate shall stop any and all promotions of Advertiser’s campaigns to this date.

iii. Affiliate has to automatically return or delete any of Advertiser’s advertising material. In case of deletion Affiliate has to give proof to Advertiser of deletion.

(d) Clauses 2 (b), 3, 4 (e), 5-12 shall survive termination.

§ 10 Liability Limitations

(d)The Advertiser is in no way liable for any acts/omissions of third parties, e.g. payment providers, unless Advertiser has caused them.

The disclaimer will not apply for damages caused by willful misconduct or gross negligence of Advertiser or its legal representatives leading to a breach of the core contractual obligations.

§ 11 Indemnification

§ 12 Non-Solicitation of Advertiser’s employees

§ 13 Miscellaneous

(b) Advertiser may modify these Interdate GTC from time to time. Current Interdate GTC are available in the Affiliate Account. Affiliate is obliged to regularly check the Interdate GTC. The continuing use of the Program shall mean Affiliate’s acceptance of the modified Interdate GTC. In case Affiliate refuses to accept the modified Interdate GTC Affiliate shall terminate all campaigns it selected and the Agreement by sending notice to Advertiser’s responsible Affiliate Account manager.

Advertiser may also modify campaign details as defined under these Interdate GTC in clause § 3 (a) iv. by sending email notification to Affiliate. In case Affiliate refuses to accept the modified campaign Affiliate shall terminate this campaign by sending notice to Advertiser’s responsible Affiliate Account manager.

(g) The parties hereto are independent contractors, and no agency, partnership, joint venture or employee-employer relationship is intended or created by this Agreement.

(h) All headings and captions are inserted for convenience of reference only and will not affect the meaning or interpretation of any provision in this Agreement.

____________________________________________________________

AFFILIATE PRIVACY STATEMENT

PRIVACY STATEMENT of Affiliate Programs of insparx GmbH partners

____________________________________________________________

AFFILIATE PRIVACY STATEMENT of be2 S.à.r.l. (in the following: “be2”)

(Effective from: 25.05.2018)

Data protection is an important concern of be2 S.à.r.l., 13 rue du Commerce, L-1351 Luxembourg, Luxembourg. For this reason, we process our Affiliates’ data solely in compliance with valid regulations relevant to data protection (GDPR).

We collect and process personal data if you make this data available to us in the framework of applying via the insparx website for Affiliate partner programs, for taking part in the be2 Affiliate Program and we are entitled to collect, use and process the data on the basis of consent that you issued.

Personal data

Personal data is all information that refers to an identified or identifiable natural person (“data subject”).

Affiliate Application

In the case of application we collect and process the personal data:

Contact person data: job title, first and last name, landline and mobile number, fax number, email address, password

Your transaction data: Affiliate ID, messages, date of first registration, activity on our website, access type (mobile/desktop), internal tracking code, date and time of access, browser type and version, operating system, IP address, device ID, mobile service provider

Purpose of data processing

We use the above-mentioned personal data for the following purposes:

– Carrying out and managing the business relationship between us and you; e.g. in order to handle campaigns, provide payments, for accounting purposes;

– Reviewing communication between us and you;

– Information on new or supplementary Affiliate programs from be2, as well as for preparing a newsletter;

– Carrying out customer surveys, marketing campaigns, market analyses;

– Compliance with statutory requirements (e.g. obligations under tax and commercial law to preserve records);

– Maintaining and protecting the security of our Affiliate programs and of our websites by preventing and detecting security risks, fraudulent behaviour or other criminal activities or activities carried out with the intent to cause damage;

– Settling disputes, enforcing existing contracts and for claiming, exercising and defending legal rights.

Processing personal data is necessary to achieve the above-mentioned purposes, including the implementation of the (contractual) business relationship with you. Unless otherwise expressly stated, the legal basis for the data processing is Article 6 (1) (b) and (f) of the General Data Protection Regulation, or your expressly issued consent in accordance with Article 6 (1) (a) of the General Data Protection Regulation.

If the above-mentioned data are further processed for a purpose other than the original collection purpose, we are obliged to inform you of this before further processing and of the new purpose. In this way, you have an opportunity to object to the processing of your data for the other purpose.

Transfer of data

All data that you transmit to us will be treated in confidence. We will not sell your personal data to third parties.

You data will, in principle, not be made available for use to third parties, unless you have declared your agreement or we are entitled and/or obliged by law to transfer this data.

We transfer personal data to courts, tax authorities, supervisory authorities if this is legally permissible and necessary to comply with current law, or to enforce, exercise or defend legal rights. We take all steps to ensure suitable and reasonable guarantees to safeguard your personal data.

Insofar as this is necessary for the provision of the service, we forward personal data for the above-mentioned purposes to the following companies or categories of companies:

· insparx GmbH, Erika-Mann-Straße 63, 80636 Munich, Germany. Our service provider is responsible for operating our Affiliate platform, software further development, for customer support, and for marketing and sending newsletters.

· Cake Marketing, 20411 SW Birch Street, Suite 250, Newport Beach, CA 92660, USA. This is our software tool for administration of our Affiliate program.

· To cooperation partners / marketing and email newsletter partners.

· Data may be transferred to specialised service providers to prevent or combat cases of abuse by customers and/or third parties.

Transmission to addressees outside the EU takes place only if the predefined purpose requires this and only on the basis of EU standard contract provisions. This guarantees that your data is processed in conformity with data protection provisions in the USA as well (adequacy decision of the EU Commission of 12.07.2016, ref. C(2016) 4176 final, Official Gazette L 207/1 of 01.8.2016).

Storage period

If an explicit storage period is not indicated on collection (e.g. in the framework of a declaration of consent), personal data will be deleted if they are no longer required to fulfil the purpose of storage, unless statutory obligations to keep records prevent deletion (e.g. obligations under tax and commercial law to preserve records).

Data security

We take technical and organisational security measures to protect your data that we store and process in our company against manipulation, loss of confidentiality, destruction and against access by unauthorised persons. Our company’s security measures are constantly improved in accordance with technological developments.

Rights of data subjects: right to information, correction, deletion or restriction of processing of their personal data, right to object and right to data portability

We will inform you in writing on request in accordance with current law whether and which personal data we store in our company. If you, yourself, are registered as a user, we provide you with an opportunity to inspect these data yourself and, where applicable, to amend and delete them. If false information has been stored in spite of our company’s efforts with regard to data security and data correctness, and you as user are unable to correct your data, we will correct them at your request.

You also have the right to demand restriction of the processing of personal data by our company. In addition, you may demand that you are given data that you provided to our company in a structured, standard and machine-readable form. You may also object to the processing of personal data by our company.

In addition, you have the right to demand that your personal data be deleted, unless statutory obligations to keep records prevent this. We delete data when we no longer require it for the purpose for which it was collected and processed, or if you revoke your consent and there is no other legal basis for the further processing of your data. In addition to this, we delete data if processing was illegal for reasons that are unknown to us, or if you have filed an objection to the processing and there are no prior legitimate interests for processing. Your data will also be deleted if we are obliged by law to do this. Our company has also implemented technical measures to make all recipients of your data aware of your demand for deletion or correction. This applies only for cases in which we disclosed or made these data public. All links, copies and replications of your personal data will be deleted.

If you consented to the processing of your personal data, you have the right to revoke the consent at any time, with effect for the future. Revocation of consent does not make data processing in the past unlawful.

Data transmission to our company is done voluntarily. However, these data are necessary for the further conclusion of the contract or to reply to your queries. If you do not wish to make your data known, the contract may in certain circumstances not take effect, or your queries may not be answered. Providing data is necessary for concluding the contract.

The contact data of our company’s data protection officer are:

privacyaffiliates@insparx.com or by post to

be2 S.à.r.l.
Data Protection Officer
13 rue du Commerce

L-1351 Luxembourg

Luxembourg

You also have the right to complain to the competent data protection supervisory authority about data processing by our company.

The data protection supervisory authority responsible for our company is:

Commission nationale pour la protection des données

1, avenue du Rock’n’Roll
L-4361 Esch-sur-Alzette
Luxembourg

Tel.: (+352) 26 10 60 -1 www.cnpd.lu

As a data subject, you have the possibility to approach the data protection supervisory authority in your country: (http://ec.europa.eu/newsroom/article29/item-detail.cfm?item_id=612080).

Newsletter

If you apply for becoming an Affiliate and you are manually accepted by us (“manual double opt-in), you’ll receive our Affiliate newsletter, the data you provide will be used for this purpose.

Your name and a valid email address are required for effective application and acceptance This data is used for sending the newsletter.

You may revoke your consent to storage of your data and their use for sending the newsletter at any time. You may unsubscribe the newsletter at any time directly by email to privacyaffiliates@insparx.com or by post to the following address:

be2 S.à.r.l.
Customer Support
13 rue du Commerce

L-1351 Luxembourg

Luxembourg

Log data

When you access our company’s homepage, for technical reasons your Internet browser automatically transmits the following data (“log data”) to our company’s web server, which our company records in log files:

· date and time of access, URL of the referring website, file requested, transmitted data volume, browser type and version, operating system, IP address, domain name of your Internet access provider

This is solely information that does not permit any conclusions with regard to the natural person. This information is technically necessary in order to display the website content that you requested correctly and is mandatory for use of Internet offers. Log data is evaluated purely for statistical purposes, in order to optimise our company’s web presence and the underlying technology, and are then deleted.

Log data is stored separately from other data that our company collects in the framework of use.

Pseudonymised or anonymised usage profiles

be2 has analyses carried out of customer behaviour in the framework of use of our Affiliate Programs and prepares anonymised or pseudonymised usage profiles for this. Usage profiles are evaluated anonymised or pseudonymised and not in relation to persons. The analyses are intended to improve our services.

Tracking-based analyses and other tools

We use so-called tracking technologies in order to continuously improve and optimise our offer. We use the services of Google Analytics.

Google Analytics:

be2 also uses Google Analytics, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA, a web analytics service provided by Google, Inc. (“Google”). Google Analytics uses “cookies”, which are text files placed on customers’ computers, to help the website analyse how they use the site. The information generated by the cookie about use of this website (including the IP address) will be transmitted to a Google server in the United States and stored there. Google will use this information to evaluate customers’ use of the website, to compile analyses of website activities for website operators and to provide other services associated with website and Internet use. Where applicable, Google will also transmit this information to third parties, insofar as this is prescribed by law, or if third parties process these data on its behalf. Google will not associate the IP address with any other data that it holds. Customers may prevent the installation of cookies by selecting the appropriate settings on their browsers; however, please note that if this is done, it may not be possible to use all the functions of this website in their full capacity. By using this website, customers declare their agreement with the processing of collected data by Google in the manner described above and for the above-mentioned purpose. For detailed information on Google Analytics and data protection go to http://tools.google.com/dlpage/gaoptout?hl=de.

CAKE:

be2 uses CAKE a SaaS solution for multi-channel marketing campaigns, provided by Accelerize Inc., dba CAKE, 20411 SW Birch Street, Ste. 250, Newport Beach, CA 92660 USA. The information generated within this solution is stored on CAKE servers in the United States. CAKE makes sure that it complies with the GDPR. For detailed information on CAKE and data protection go to: http://getcake.com/cake-gdpr/ and http://getcake.com/privacy-policy/

Cookies

Some be2 services require so-called cookies to be set. be2 therefore informs customers explicitly of the use of cookies.

Cookies are text snippets that are stored either for a limited time (so-called “session cookies”) in a computer’s temporary memory, or on a computer’s hard disk (so-called “persistent cookies”). Cookies contain, for example, information on users’ previous access to the appropriate server, information on which offers were requested or which methods of payment were agreed during previous transactions. The main purposes of cookies is, by storing personal settings on websites, to prepare offers customised to customers on the one hand and, on the other, to design the use of services to be as comfortable as possible, because customers can visit these websites in this way without having to make all the settings every time. In contrast, cookies are not used to carry out programs independently or even to load viruses onto customers’ computers.

be2 uses sessions cookies, partner and affiliate cookies and persistent cookies.

Sessions cookies:

be2 uses so-called “sessions cookies”. These are not stored on the computer’s hard disk and are deleted when the browser is closed. Sessions cookies are used in particular for login authentication during the registration procedure.

Partner and affiliate cookies:

In addition to the above, be2 uses so-called “partner cookies” or “affiliate cookies”. These are understood as cookies that are set if a customer accesses the service of be2 through the advertising space of a cooperation partner. These cookies are used for settlements with cooperation partners and do not contain any personal data of customers. They are deleted either when the customer registers on the be2 website or automatically on expiry of the relevant cookie lifetime.

Persistent cookies:

be2 uses so-called “persistent cookies” in order to store the personal usage settings that a customer enters when using be2 services. On the one hand, this ensures that customers find their personal settings again when they return to be2 websites and, on the other, it serves the automatic differentiation of the customer’s membership status, whether they have already seen specific information and advertising campaigns, or have taken part in a survey. Use of persistent cookies is intended to personalise and improve be2 services.

Partner websites:

If the be2 service is integrated in the website of a cooperation partner, this cooperation partner may also use cookies. be2 has no control over this and is not responsible for the practices of these cooperation partners. For their own security therefore, be2 recommends its customers to obtain information on the data protection provisions of the respective partner companies. The same applies if customers request the website of a cooperation partner from be2 website or apps.

Most Internet browsers are set to accept cookies by default. However, customers have the right and the possibility to set their computers to reject cookies, or at least for the customer to be asked to confirm beforehand. If the customer decides to reject or switch cookies off, the consequence may be a reduction in the scope of the be2 service and that not all offers will function without fault.

Declaration of consent

With the conclusion of the contract I consent to the collection and processing of my personal data for the above-mentioned purposes by be2 S.à.r.l., 13 rue du Commerce, L-1351 Luxembourg, Luxembourg

I have been informed that be2 S.à.r.l. will log my consent.

In addition, I have been informed that personal data regarding my person that are collected in the framework of the above-mentioned purposes will be processed in compliance with the General Data Protection Regulation (GDPR).

I have been informed that processing of my data takes place on a voluntary basis, and that I may refuse my consent to the processing of my data or revoke it at any time with effect for the future without any disadvantage to myself.

To revoke consent, it is sufficient to send an email stating the email address registered with be2 S.à.r.l. and the Affiliate ID to:

privacyaffiliates@insparx.com

I have been informed that I can send my revocation by post to be2 S.à.r.l., Customer Service / Revocation of Consent or Data Correction, 13 rue du Commerce, L-1351 Luxembourg, Luxembourg.
Consent to the processing of data for advertising purposes

I consent to be2 S.à.r.l. sending me information on new or supplementary Affiliate programs customised for me personally.

I have been informed that I may revoke my consent to the storage of my data and their use for transmitting advertising with effect for the future at any time without any disadvantage to myself and at no charge. To do this, it is sufficient to send an email to privacyaffiliates@insparx.com, stating the email address registered with be2 S.à.r.l. and the Affiliate ID.
__________________

AFFILIATE PRIVACY STATEMENT

PRIVACY STATEMENT of Affiliate Programs of insparx GmbH partners

____________________________________________________________

AFFILIATE PRIVACY STATEMENT of Interdate S.A. (in the following: “Interdate”)

(Effective from: 25.05.2018)

Data protection is an important concern of Interdate S.A., 13 rue du Commerce, L-1351 Luxembourg, Luxembourg. For this reason, we process our Affiliates’ data solely in compliance with valid regulations relevant to data protection (GDPR).

We collect and process personal data if you make this data available to us in the framework of applying via the insparx website for Affiliate partner programs, for taking part in the Interdate Affiliate Program and we are entitled to collect, use and process the data on the basis of consent that you issued.

Personal data

Personal data is all information that refers to an identified or identifiable natural person (“data subject”).

Affiliate Application

In the case of application we collect and process the personal data:

Contact person data: job title, first and last name, landline and mobile number, fax number, email address, password

Purpose of data processing

We use the above-mentioned personal data for the following purposes:

– Carrying out and managing the business relationship between us and you; e.g. in order to handle campaigns, provide payments, for accounting purposes;

– Reviewing communication between us and you;

– Information on new or supplementary Affiliate programs from Interdate, as well as for preparing a newsletter;

– Carrying out customer surveys, marketing campaigns, market analyses;

– Compliance with statutory requirements (e.g. obligations under tax and commercial law to preserve records);

– Settling disputes, enforcing existing contracts and for claiming, exercising and defending legal rights.

Transfer of data

All data that you transmit to us will be treated in confidence. We will not sell your personal data to third parties.

You data will, in principle, not be made available for use to third parties, unless you have declared your agreement or we are entitled and/or obliged by law to transfer this data.

Insofar as this is necessary for the provision of the service, we forward personal data for the above-mentioned purposes to the following companies or categories of companies:

· Cake Marketing, 20411 SW Birch Street, Suite 250, Newport Beach, CA 92660, USA. This is our software tool for administration of our Affiliate program.

· To cooperation partners / marketing and email newsletter partners.

· Data may be transferred to specialised service providers to prevent or combat cases of abuse by customers and/or third parties.

Storage period

Data security

Rights of data subjects: right to information, correction, deletion or restriction of processing of their personal data, right to object and right to data portability

The contact data of our company’s data protection officer are:

privacyaffiliates@insparx.com or by post to

Interdate S.A.
Data Protection Officer
13 rue du Commerce

L-1351 Luxembourg

Luxembourg

You also have the right to complain to the competent data protection supervisory authority about data processing by our company.

The data protection supervisory authority responsible for our company is:

Commission nationale pour la protection des données

1, avenue du Rock’n’Roll
L-4361 Esch-sur-Alzette
Luxembourg

Tel.: (+352) 26 10 60 -1 www.cnpd.lu

As a data subject, you have the possibility to approach the data protection supervisory authority in your country: (http://ec.europa.eu/newsroom/article29/item-detail.cfm?item_id=612080).

Newsletter

If you apply for becoming an Affiliate and you are manually accepted by us (“manual double opt-in), you’ll receive our Affiliate newsletter, the data you provide will be used for this purpose.

Your name and a valid email address are required for effective application and acceptance This data is used for sending the newsletter.

Interdate S.A.
Customer Support
13 rue du Commerce

L-1351 Luxembourg

Luxembourg

Log data

· date and time of access, URL of the referring website, file requested, transmitted data volume, browser type and version, operating system, IP address, domain name of your Internet access provider

Log data is stored separately from other data that our company collects in the framework of use.

Pseudonymised or anonymised usage profiles

Interdate has analyses carried out of customer behaviour in the framework of use of our Affiliate Programs and prepares anonymised or pseudonymised usage profiles for this. Usage profiles are evaluated anonymised or pseudonymised and not in relation to persons. The analyses are intended to improve our services.

Tracking-based analyses and other tools

We use so-called tracking technologies in order to continuously improve and optimise our offer. We use the services of Google Analytics.

Google Analytics:

Interdate also uses Google Analytics, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA, a web analytics service provided by Google, Inc. (“Google”). Google Analytics uses “cookies”, which are text files placed on customers’ computers, to help the website analyse how they use the site. The information generated by the cookie about use of this website (including the IP address) will be transmitted to a Google server in the United States and stored there. Google will use this information to evaluate customers’ use of the website, to compile analyses of website activities for website operators and to provide other services associated with website and Internet use. Where applicable, Google will also transmit this information to third parties, insofar as this is prescribed by law, or if third parties process these data on its behalf. Google will not associate the IP address with any other data that it holds. Customers may prevent the installation of cookies by selecting the appropriate settings on their browsers; however, please note that if this is done, it may not be possible to use all the functions of this website in their full capacity. By using this website, customers declare their agreement with the processing of collected data by Google in the manner described above and for the above-mentioned purpose. For detailed information on Google Analytics and data protection go to http://tools.google.com/dlpage/gaoptout?hl=de.

CAKE:

Interdate uses CAKE a SaaS solution for multi-channel marketing campaigns, provided by Accelerize Inc., dba CAKE, 20411 SW Birch Street, Ste. 250, Newport Beach, CA 92660 USA. The information generated within this solution is stored on CAKE servers in the United States. CAKE makes sure that it complies with the GDPR. For detailed information on CAKE and data protection go to: http://getcake.com/cake-gdpr/ and http://getcake.com/privacy-policy/

Some Interdate services require so-called cookies to be set. Interdate therefore informs customers explicitly of the use of cookies.

Interdate uses sessions cookies, partner and affiliate cookies and persistent cookies.

Sessions cookies:

Interdate uses so-called “sessions cookies”. These are not stored on the computer’s hard disk and are deleted when the browser is closed. Sessions cookies are used in particular for login authentication during the registration procedure.

Partner and affiliate cookies:

In addition to the above, Interdate uses so-called “partner cookies” or “affiliate cookies”. These are understood as cookies that are set if a customer accesses the service of Interdate through the advertising space of a cooperation partner. These cookies are used for settlements with cooperation partners and do not contain any personal data of customers. They are deleted either when the customer registers on the Interdate website or automatically on expiry of the relevant cookie lifetime.

Persistent cookies:

Interdate uses so-called “persistent cookies” in order to store the personal usage settings that a customer enters when using Interdate services. On the one hand, this ensures that customers find their personal settings again when they return to Interdate websites and, on the other, it serves the automatic differentiation of the customer’s membership status, whether they have already seen specific information and advertising campaigns, or have taken part in a survey. Use of persistent cookies is intended to personalise and improve Interdate services.

Partner websites:

If the Interdate service is integrated in the website of a cooperation partner, this cooperation partner may also use cookies. Interdate has no control over this and is not responsible for the practices of these cooperation partners. For their own security therefore, Interdate recommends its customers to obtain information on the data protection provisions of the respective partner companies. The same applies if customers request the website of a cooperation partner from Interdate website or apps.

Most Internet browsers are set to accept cookies by default. However, customers have the right and the possibility to set their computers to reject cookies, or at least for the customer to be asked to confirm beforehand. If the customer decides to reject or switch cookies off, the consequence may be a reduction in the scope of the Interdate service and that not all offers will function without fault.

Declaration of consent

With the conclusion of the contract I consent to the collection and processing of my personal data for the above-mentioned purposes by Interdate S.A., 13 rue du Commerce, L-1351 Luxembourg, Luxembourg

I have been informed that Interdate S.A. will log my consent.

To revoke consent, it is sufficient to send an email stating the email address registered with Interdate S.A. and the Affiliate ID to:

privacyaffiliates@insparx.com

I have been informed that I can send my revocation by post to Interdate S.A., Customer Service / Revocation of Consent or Data Correction, 13 rue du Commerce, L-1351 Luxembourg, Luxembourg.
Consent to the processing of data for advertising purposes

I consent to Interdate S.A. sending me information on new or supplementary Affiliate programs customised for me personally.