Capital for Growth Beteiligungsgesellschaft mbH, Dr.-Hermann-Neubauer-Ring 32, 63500 Seligenstadt, Germany (hereinafter "CFG"/"we") provides an Internet marketing platform via www.vxcash.net. The affiliate program offered there enables Publishers successfully registered on www.vxcash.net to advertise links to products and services of different Advertisers on their own or brokered websites under the conditions of these General Terms and Conditions for the Affiliate Program VX-CASH of Capital for Growth Beteiligungsgesellschaft mbH (hereinafter "GTC"). The publisher receives commissions directly from us for the successful application. The requirements, conditions, amount and calculation basis for commission payments are regulated in these GTC.
a. These GTC apply between Capital for Growth Beteiligungsgesellschaft mbH and the Publisher if he has successfully registered on www.vxcash.net.
b. We may amend the GTC if, after conclusion of the contract
changes have occurred, or if
and contractual gaps arise as a result, whereby the contractual relationship is disrupted. This only applies insofar as the Publisher is not unreasonably disadvantaged by the change and the change does not affect the mutual main performance obligations.
c. We will inform registered publishers in good time of changing contractual conditions and the rights existing in this context when they access their VX-Cash account.
d. Publishers have a special right of termination in the event of changes that are not exclusively in their favor.
e. Should any amendments be invalid, void or unenforceable, this shall not affect the validity and effectiveness of the remaining provisions.
a. References to "we", "our", "us" refer to Capital for Growth Beteiligungsgesellschaft mbH.
b. "VX-CASH" is the affiliate program of Capital for Growth Beteiligungsgesellschaft mbH.
c. "Publisher" is an advertiser who embeds affiliate links that contain a special tracking code on his or her websites in order to promote the services and products of advertisers.
d. "You", "your", "yours" is the publisher successfully registered on www.vxcash.net.
e. "Contracting Parties" are the successfully registered Publisher and CFG jointly.
f. "Advertiser offers from VX-CASH" are services and products offered on www.vxcash.net for registered publishers to advertise on advertiser websites.
g. VX partner companies" or "advertisers" are companies whose services and products registered publishers can advertise via VX-CASH.
h. "VX Platform" is an internet-based video conferencing platform which registered publishers can promote via their VX Cash account.
i. "VISIT-X" is a VX platform that can be found on the Internet at www.visit-x.net.
j. A "user" is a natural person who is registered on a VX platform in order to use the services or purchase products there.
k. Reseller" is a publisher newly recruited by the publisher who successfully registers on www.vxcash.net for the first time as a direct result of the publisher's advertising.
l. "Model" is a person (including a legal entity) that has its own VXModel account on www.visit-x.net and generates sales there.
m. "Advertising Material" means any material provided for the purpose of advertising the Publisher's services and products, e.g. banners, landing pages, direct links, WordPress, plugins, APIs and content contained therein, i.e. copyrighted and other material including photos and images, videos and texts.
n. "New customer turnover" is the user's turnover determined according to the assessment basis (Clause 15.b.) in the first 28 days after the user's initial registration.
o. Coins" are a virtual good that can be purchased and used by users on certain VX platforms in order to use certain services and products offered there. They are not a monetary instrument and do not have the function of a currency. Coins can be designated differently on the respective VX platforms.
p. "Contract", "Contractual Agreement", "Contractual Relationship" are these General Terms and Conditions for the Affiliate Program VX-CASH of Capital for Growth Beteiligungsgesellschaft mbH as a legally binding agreement between you and us.
The contractual relationship between you and us shall be governed exclusively by the law of the Federal Republic of Germany to the exclusion of the UN Convention on Contracts for the International Sale of Goods and the standards of private international law referring to it.
This choice of law also includes data protection law. The laws and regulations applicable in Germany therefore apply to this contractual relationship in terms of data protection law.
The contractual language is German. In the event of a contradiction between the German text of this contract and the text of a translation into another language, the German text shall prevail.
a. Publishers at VX-Cash can be natural persons with unlimited legal capacity who are at least 18 years old and are considered to be of legal age in the country in which they reside and are entrepreneurs in accordance with § 14 BGB (German Civil Code) and thus act in the exercise of a commercial or independent professional activity or become legal entities.
By completing the registration process, you declare that you meet these requirements.
b. It is also assumed that you are fully responsible for the correct taxation of your income and the conclusion of any compulsory insurance policies required in the context of self-employment.
c. Excluded are persons who have previously held a VX-Cash account which has been terminated or blocked by us due to a breach of our terms and conditions or guidelines. Furthermore, we do not conclude contracts with minors or persons not acting in a commercial capacity.
a. The free registration of a VX-Cash account takes place via the website www.vxcash.net. To do so, you must enter your e-mail address and a password (both hereinafter referred to as "access data"). By clicking on the "Login" button, you declare that you agree to these GTC and that you have taken note of the privacy policy. In addition, you must then click on the activation link sent to the e-mail address you have provided. This e-mail does not constitute a declaration of acceptance on our part. After clicking, a window will open in which you must enter your name, your country of residence and your tax status, as well as other contact details and your advertising strategy. Click on the "Register" button to complete the registration application.
b. You are obliged to provide truthful information about yourself when registering and to keep this information up to date at all times. Subsequent data changes must be communicated to us immediately in text form (e.g. by e-mail) or made directly in your VX-Cash account, e.g. by independently changing the information stored there.
c. For tax classification and for the release of payouts to you, we also require the additional information and documents in accordance with section 16.b. You can upload the requested documents and information via the VX-Cash account.
d. You must protect the access data to your VX-Cash account from unauthorized third parties. Always ensure that you log out of your VX-Cash account at the end of each session. You are fully responsible for any use (e.g. activities and interactions with users) that takes place using your access data, even if another person uses your account contrary to these GTC. You are obliged to inform us immediately in text form (e.g. e-mail) of the loss of your access data or unauthorized access by third parties or - following notification by telephone - to confirm this in text form.
a. By completing the registration application, you make a binding declaration to enter into a contractual relationship with us in accordance with these GTC. Confirmation of registration does not constitute a declaration of acceptance by us. This only takes place when the VX-Cash account is activated. This concludes the contractual relationship between you and us in accordance with these GTC.
b. A contractual relationship is established exclusively between you and us. A contractual relationship between you and the advertisers does not exist under any circumstances.
c. There is no legal claim against us for acceptance as a publisher of VX-CASH and conclusion of a contract. The decision to accept you as a VX-CASH publisher is at our sole discretion.
a. This contractual relationship is concluded for an indefinite period.
b. You can terminate the contractual relationship with us at any time without giving reasons and without observing a notice period by sending an e-mail to support@vxcash.net or by writing to Capital for Growth Beteiligungsgesellschaft mbH, Dr.-Hermann-Neubauer-Ring 32, 63500 Seligenstadt, Germany.
c. Ordinary termination by us can take place at any time without giving reasons with 14 days' notice by e-mail or by sending an electronic message to your VX-Cash account.
d. We are also entitled to terminate the contractual relationship with you without notice for good cause. Such good cause may exist in particular if you act in gross breach of contract (in particular in the event of breaches of Sections 11., 12. or 14.d. of these GTC) and/or violate applicable law.
a. Once the termination takes effect, regardless of whether the termination is made by you or us, you will no longer have any technical possibility to access the VX-CASH account and its contents or to use the advertiser offers of VX-CASH.
b. Termination of the contract has no effect on the registration of the referred users. However, upon termination of the contract, you are no longer entitled to the payment of commissions based on registrations or sales after the termination period.
c. Commission claims arising up to the time of termination of the contract shall remain valid.
d. We are entitled to withhold the final payment due to you after termination of the contract for a reasonable period of time, but at least 30 days, to ensure that subsequent cancellations, fees, etc. are recorded and charged to you in accordance with the contract.
e. Upon termination of the contract, all rights of use granted to you under this agreement to the advertising materials provided shall expire. At the end of the contract, you are obliged to delete these and any existing copies and to remove them from the websites used by you for advertising. If you have legitimately provided advertising materials to third parties within the scope of the contract, you must also ensure that they are deleted and removed upon termination of this agreement.
f. Those provisions of this contract which by their nature continue to apply after termination of this contract shall continue to apply.
g. Compensation claims in connection with the termination of this contract are excluded.
If you do not comply with these GTC or legal regulations, in particular if you carry out manipulations, violate the rights of third parties or even attempt to do so, we are entitled to block your VX-Cash account or exclude you from certain advertiser offers on VX-Cash, so that it is then not possible for you to advertise these offers and use the advertising material.
If your account is blocked, you are temporarily no longer authorized to access it.You will be informed when a block is put in place. We can remove the block so that you can then access your VX Cash account again as usual or terminate the contractual relationship with you after checking the facts.
a. You place commercial electronic web advertisements on your own or mediated websites by linking to offers from our advertisers using a publisher ID agreed with us. The correct technical integration is your own responsibility. Contractual linking requires, in addition to the other technical requirements, that:
We are not liable for any disadvantages incurred by you due to incorrect integration. The service has been rendered if an interested party has been successfully recruited for the products and services of an advertiser through your advertisement placed in accordance with the provisions of these GTC. This is the case if the registration of the advertised person has come about specifically as a result of your link and (depending on the advertiser) the advertised person has also made sales of the advertiser's services and products.
b. You operate your websites and provide your services at your own expense and under your sole responsibility. Please note that you may therefore not indicate the advertiser or and as the site operator in the legal notice of your websites. This contract does not establish an employment relationship or a commercial agency agreement between you and us.
a. The following practices are expressly prohibited in the provision of your services:
b. These prohibitions also apply to vicarious agents, persons or companies (e.g. advertising networks) employed by you, who in turn oblige you to comply with these regulations and whose conduct you must accept as fully attributable to you.
c. In the event of breaches of these provisions, the provisions on contractual penalties and compensation for damages in Section 13 of these GTC shall apply.
a. You may not use unfair advertising practices in the provision of services. Unfair advertising is assumed in particular in the case of advertising:
b. Advertisers' websites may not be advertised using search engine advertising (SEA) campaigns. SEA refers to the booking of ads on the results pages of search engines.
c. It is expressly prohibited to use the advertising material provided to you for advertising that violates the provisions of this Section 12.
d. These prohibitions also apply to vicarious agents, commissioned persons or companies (e.g. advertising networks) employed by you, who in turn oblige you to comply with these regulations and whose conduct you are fully responsible for.
e. If we have reasonable grounds to suspect that you have engaged in or arranged for unfair or unauthorized advertising within the meaning of this provision, you are obliged, if we so request, to dispel this suspicion by submitting an affidavit and to provide us with all necessary documents and information available to you. If the suspicion is confirmed as correct, you are obliged to take all possible and necessary measures to remedy the violation yourself or to support us as best as possible in remedying it. In such a case, you expressly authorize us to provide investigating authorities and/or affected parties with all information available to us regarding the violation, including your data.
f. In the event of breaches of these provisions, the provisions on contractual penalties and damages in Section 13 of these GTC shall apply.
In the event of a breach of the prohibitions under sections 11., 12. or 14.d. of these GTC, we shall be entitled to claim payment of an appropriate contractual penalty from you for each case of culpable infringement. The amount of the contractual penalty shall be determined by us at our reasonable discretion, taking into account the severity and duration of the breach, and shall be subject to judicial review in the event of a dispute. However, the contractual penalty shall not exceed the amount of your last average monthly commission earned prior to the breach. In the event of continuous breaches, the contractual penalty shall be forfeited again with each month or part thereof. The plea of continuation of the infringement is excluded. The average monthly commission stated as a benchmark is based on the average monthly commission claim which you achieved in the last three commission-bearing months prior to the infringement on the basis of this contract.
Further claims for damages and our right to demand injunctive relief and/or to terminate the contract prematurely shall remain unaffected. Any contractual penalties paid shall be offset against claims for damages. We are entitled to offset any contractual penalty to be paid by you against the commissions due and not yet paid to you.
We provide an Internet marketing platform via www.vxcash.net with various advertiser offers which you, as a successfully registered publisher on www.vxcash.net, can integrate and advertise on your own or mediated websites under the conditions of these GTC. There is no entitlement to a certain scope or a certain quality of advertiser offers on VX-Cash.
Advertisers can update their offers on VX-Cash at any time and change them with due consideration of current contracts, including changes to the services there and their availability, business models and functionalities, in order to align them with the needs of users and their business requirements.
We do not guarantee that all services and products of the Advertisers and their websites will always be available or accessible without interruption.
We may update and change the VX Cash Platform at any time, taking due account of ongoing contracts, including changing our services and their availability, business models and functionality to align them with the needs of advertisers and our business needs.
You will receive a commission from us for your successful services under this agreement. A fixed remuneration is expressly not owed. For details of the commission entitlements, please refer to Section 15 of these GTC and APPENDIX B. The commission claim exists exclusively against us. You are not entitled to payment of commission from advertisers.
If a user registers via one of your websites or via one of the websites used by you for the advertiser offers of VX-CASH using the links used by you in accordance with the contract, we record the registration process, all sales made and registrations of the user. We provide you with summarized reports on this at regular intervals, which you can access via your VX-CASH account under "personal online statistics". The form, content and frequency of the reports are at our discretion, taking due account of your interests, and can therefore be changed at any time. The report is merely non-binding preliminary information.
aa. We grant you the non-exclusive, non-transferable, non-sublicensable and revocable right, limited in terms of content and time, to use the copyrighted content in the advertising material provided by us/the Advertisers and the advertising material itself unchanged. The advertising material may be used by you solely for the purpose of advertising the specific advertiser offers of VX-CASH on the Internet. You are not permitted to use the advertising material for purposes other than those specified. The transfer of rights is limited in time to the period of existence of the VX-Cash advertiser offer and this contract between you and us. You will not modify or sell the advertising material or other representations in any way or make them available to third parties (including vicarious agents or companies commissioned by you) without our prior express written consent.
bb. The use of the advertising material in print and / or TV/IPTV, analog media or data carriers such as DVD/CD-ROM is expressly prohibited.
cc. The use of trademarks and/or product names and/or designations as well as word and/or word/figurative marks as keywords, terms or only name components of advertisers in non-commercial and commercial advertising services, such as Google AdWords as well as in social media platforms such as Facebook and their use as a component in domains and/or so-called typo domains is generally prohibited. This only does not apply if, in individual cases, this has been exceptionally permitted on the basis of a written declaration of consent from us and the respective advertiser as the brand and/or product owner and only within the framework specified therein. If there is a corresponding declaration of consent for the use of the advertiser's own figurative and word marks, in particular logos and symbols of the products and offers, these may only ever be used unchanged in direct connection with the advertiser's offers and products for the duration of the existence of the advertiser's offer on VX-Cash.
dd. The use of the advertising material must not violate applicable law. You must adhere to the specifications of third parties when integrating them into their offers.
ee. We are entitled to revoke a license granted to you at any time and without giving reasons by notifying you in text form.
ff. In the event of breaches of these provisions, the provisions on contractual penalties and damages in Section 13 of these GTC shall apply.
We are entitled to use subcontractors or other third parties at any time to fulfill the contract for the services promised here. There is no right to object to the involvement of subcontractors and other third parties.
Each commission claim is subject to the condition of the actual existence of the contractual relationship between us and the respective Advertiser. If our contractual relationship with the advertiser is terminated, any commission claim you may have due to the successful advertising of the advertiser's services and products will also end.
A current list of advertisers who market their products and services through us, among others, can be found in APPENDIX A. The list reflects the current status of the advertisers contractually associated with us and is not binding for the future.
You can receive cost-per-action commissions (hereinafter CPA commissions). In order to receive this non-percentage, amount-based commission, the interested party must follow the link provided by you on the basis of an advertisement placed by you and register directly or causally on the basis of this link for the respective offer of an advertiser named in APPENDIX A and carry out actions (actions) specified in more detail below. Both the advertisement and the link must comply with the provisions of these GTC. No commission will be paid for actions that are not carried out in the manner described above and in compliance with the rules set out in these GTC.
With regard to actions, a distinction is made between SingleOptIn (SOI) and DoubleOptIn (DOI). SOI is when a successful registration has taken place. A DOI is when, after a successful registration, the user confirms their e-mail address by clicking on the corresponding link in the confirmation e-mail.
You can see whether and for which advertisers CPA commissions are offered via your VX-Cash account, as well as the amount of the respective CPA commission per campaign. Please note that such offers may also be subject to further conditions and may only be valid for a limited period of time. You will find the conditions directly with the respective offer.
In the case of sharing visions/campaigns, a commission claim arises if an interested party follows the link provided by you due to an advertisement placed by you and registers directly or causally due to this link for the respective offer of an advertiser named in APPENDIX A and makes sales within the scope of the offers directly or causally due to the link. Both the advertisement and the link must comply with the provisions of these GTC. No commission will be paid on sales generated by referred users who have not registered directly via the aforementioned route and in compliance with the rules set out in these GTC.
The sharing commission is calculated as a percentage of the user's commissionable turnover. The basis for calculating the commissionable turnover can be found in section 15.b.
The entitlement to sharing commission requires that you actively acquire new customers on an ongoing basis. This is assumed to be the case if at least one new customer has registered for advertiser offers on VX-Cash in accordance with the contract within the last 12 months before the turnover covered by the sharing commission is generated, with subsequent turnover generating commission.
The amount of the regular sharing commission is based on the provisions in APPENDIX B of these GTC.
Irrespective of the commissions listed in APPENDIX B, we can agree different commission models with you individually.
The basis of assessment for your sharing commission claims is the net sales made and paid in full by the user referred via links advertised by you in accordance with the contract for services and products of the advertisers named in APPENDIX A less the VAT paid by the user.
Revenues can be generated for advertisers both through direct payment of recruited users for services or products in cash and through the purchase of coins that can be used for services or products. For the assessment basis, the average price of all coins purchased by the user up to the time of the last coin purchase is determined for each coin in the case of revenue from coin purchases.
The basis of assessment shall only take into account sales of the user you have recruited that have been made by their payment in cash (no bonus credits/bonus coins or similar) and are actually realized. Amounts refunded to users, for whatever reason, are not included in the assessment basis. If sales made on the platform are not paid by the customer or their telecommunications provider, these shall not be included in the assessment basis, irrespective of the reasons for the non-recoverability of the claim (e.g. unwillingness to pay, lack of payment capacity, fraud). In such a case, neither the advertisers nor we are obliged to send reminders or to take any kind of recovery measures against the user.
The sales tax paid by the user and a flat-rate payment fee of 15% to cover all costs incurred by the advertiser in connection with the payment service are deducted from the sales calculated according to the above criteria. In individual cases, the flat-rate payment fee may be lower, depending on the payment type and advertiser. Any service fees incurred, such as processing and payment costs or fees charged by credit card institutions or banks, may be deducted separately from the sales when determining the assessment basis in addition to the flat-rate payment fee.
a. The commissions are settled monthly in arrears. The monthly settlement is based on our statistics relevant to the settlement month at the time of settlement, as you can find them in your VX-Cash account under "Online statistics". We reserve the right to correct the monthly statement retrospectively in the event of significant violations of these GTC or commission-relevant technical defects. If a correction is made, you will be informed immediately and in detail in your VX-Cash account. If the minimum payout amount pursuant to Clause 16.d. is reached, you will receive the monthly statement at the beginning of each subsequent month for the previous month.
b. It is agreed that we will issue a credit note for you by means of the credit note procedure in order to settle the commissions due to you. For this purpose, prior to the first payment, you shall provide us with your tax status and the mandatory information concerning you that we are required to provide in the credit note (your full name, your current address, your tax number/ VAT number, if applicable), together with supporting documents. If the information and supporting documents are not available on the payment date, the payment cannot be made. The credit notes for authorized commissions will be issued for the period from the first to the last of each month when the minimum payout amount is reached, otherwise by the end of the month in which the minimum payout amount pursuant to Section 16.d. was reached for the first time. You expressly waive the right to receive the credit note by post.
c. Payment will then be made within 15 days of receipt of the monthly statement without cash using the payment method selected by you in the VX-Cash account, provided that your credit balance reaches the minimum credit balance in accordance with section 16.d.. Depending on the selected payment method and payment provider or bank, it may take several days for you to receive the commission payment.
d. The minimum payout amount is EUR 50.00 for payments to the EU or Switzerland and EUR 250.00 for payments to all other countries. If the current commission balance does not reach the minimum payout amount on the payout date, there will be no settlement and no payout. The commission remains and is paid out as soon as the total commission claims reach the minimum payout amount in the subsequent period. No interest is paid on existing credit balances.
e. For each chargeback of the commission credit (e.g. due to the provision of incorrect bank details), we will charge you a flat-rate cost and processing fee of EUR 10.00, which reflects our usual cost and processing expenditure for chargebacks. You are at liberty to prove that the costs were not incurred at all or are significantly lower than the flat rate. The flat-rate fee for costs and processing will be offset against the next commission credit note due for payment.
f. You are responsible for complying with all laws, including tax and social security laws, and for the correct taxation of income in relation to the commission.
We reserve the right to withhold payment to you without interest in the event of irregularities and particular anomalies which justify the justified suspicion of a significant breach of the contractual agreements (in particular the provisions of sections 11., 12., 14.d.) or applicable law until final clarification of the breach within the framework of the statutory provisions. Until then, the entitlement to payment shall be suspended. If we determine that no such violation has occurred, the withheld commission will be paid out immediately. If we come to the conclusion that there has been a significant breach of law or contract, we are entitled to withhold the commission. You will be informed of the outcome of any review once it has been completed.
If we incur verifiable losses as a result of your conduct, we are entitled to offset these against the commission fees to be paid to you. If such offsetting takes place, you will receive notification of this in your VX-Cash account.
Should it transpire after payment of a credit balance that it was generated by you in breach of the contract or the law, in particular in breach of the provisions of Sections 11, 12 and 14 of these GTC, we shall be entitled to reclaim it and offset it against existing credit balances.
a. We are only liable for damages caused by intent, gross negligence, injury to life, limb or health, breach of a cardinal obligation or a guarantee. In the event of a breach of a cardinal obligation due to simple negligence, we shall only be liable to the extent that the damage is typical of the contract and could reasonably have been expected to occur when the contract was concluded and limited to a maximum of the amount of your average commission amounts within six months. This limitation of liability also applies to indirect damages, in particular loss of profit. Cardinal obligations in the sense meant here are obligations whose fulfillment makes the proper provision of the service possible in the first place and on whose compliance the user may regularly rely.Any further liability for damages is excluded.
b. We are not liable for data loss and data changes, transmission errors, display errors, data delays, actions of other third parties in breach of contract or for circumstances that fall within the area of responsibility of third parties or are caused by force majeure.
c. It is not guaranteed that our program and the VX-Cash advertiser offers are compatible with all devices and operating systems. You are responsible for configuring your information technology, device and computer programs accordingly.
d. Although we make every effort to ensure that www.vxcash.net and the programs we use are secure and free from bugs and viruses, this cannot be guaranteed. You should use your own virus protection software.
e. We have no control over the accuracy, legality, completeness, accuracy, quality and security of the content, advertising material and programs provided by advertisers. Liability on our part is therefore excluded within the scope of these regulations.
f. We are not responsible for the availability or freedom from interference of the Internet, your technical facilities or for errors in your connections, devices or their software that may occur in connection with your use of programs provided by us or by advertisers.
g. We do not guarantee sales success or minimum commissions.
h. You are responsible for all charges related to internet access. For more information on any data usage charges, please contact your internet service provider.
i. We are not responsible for lost, stolen or compromised VX Cash accounts, passwords, email accounts or any unauthorized activity resulting from them.
j. The limitations of liability defined here shall only apply within the scope of the provisions of Clause 18.a. They shall not apply if we are subject to mandatory statutory liability. Provisions from the Product Liability Act remain unaffected.
k. The above liability provisions shall apply accordingly to claims against employees, representatives or other vicarious agents.
a. You are responsible for the development, operation and maintenance of your website/the websites used by you for the provision of services as well as for their design in compliance with the statutory provisions.
b. You are fully and unrestrictedly liable for the content, advertising and advertising material that appears on your website or the websites used by you, in particular in the event of violations of the provisions of sections 11., 12. or 14.d. of these GTC. Express reference is made to your responsibility for youth protection-related access restrictions in accordance with Section 20.
c. You guarantee by way of an independent guarantee promise,
aa. that on the websites operated or used by you for the provision of services in accordance with these GTC
bb. the labeling of advertising as such at all times in accordance with the legal requirements of the country in which it is distributed.
cc. to comply at all times with the provisions of clauses 11, 12, 14.d. and 20 of these GTC.
d. You shall indemnify us at your own expense against all legal consequences that we demonstrably incur as a result of the fact that you have infringed the rights of third parties in the course of providing the service. We shall inform you immediately and in full in text form of any claims asserted by third parties in or out of court, insofar as these may give rise to liability on your part under this provision. The information must be provided together with the complete correspondence. If we do not inform you of the asserted claims as described, this right to indemnification shall lapse.
a. You are aware that the advertiser offers of VX-CASH also make erotic content accessible to users that is only suitable for adults. Insofar as you grant access to such content via the advertising media used or display such content, you bear sole responsibility for the creation of legally required access restrictions in the sense of the applicable youth protection regulations in relation to the respective country in which the web media is distributed and displayed.
b. The advertisers provide you with different "Adult Verification Systems" (AVS) for the services and products to be advertised, which you can set up for the advertising media in accordance with the configuration specifications. You can set up and operate further access controls yourself. You are expressly advised that the AVS offered by advertisers do not all meet the standards of German and European legislation. It is your own responsibility to check the AVS systems in detail for compliance with the legal requirements of the country in which the advertising media are used and to monitor this on an ongoing basis.
c. You shall indemnify us at your own expense against all legal consequences which we can prove arise from the fact that you have not or not sufficiently complied with the youth protection regulations when providing the service and have taken the necessary technical measures properly. We shall inform you immediately and in full in text form of any third-party claims asserted in or out of court, insofar as these may give rise to liability on your part under this provision. The information must be provided together with the complete correspondence. If we do not inform you of the claims asserted as described, this right to indemnification shall lapse.
The parties shall maintain confidentiality regarding all trade or business secrets of the other party and its partner companies, including their respective projects, as well as all other matters, knowledge, information and processes of which they become aware in the course of their services and activities agreed here, in particular also regarding internal matters of which they become aware.
With regard to the confidentiality obligation, third parties engaged by a party for the provision of services shall be deemed its vicarious agents within the meaning of Section 278 BGB; in this respect, each party shall also ensure compliance with this confidentiality rule by these persons and shall itself be liable for any breaches committed by these persons.
The aforementioned confidentiality obligation does not apply to persons bound to professional secrecy, such as auditors, tax consultants or lawyers, or to such information or parts thereof that were known or generally accessible to the parties or the public prior to disclosure by the information provider.
This confidentiality agreement shall continue to apply to the parties even after termination of the contract.
The parties shall carefully store the electronic information, data carriers, documents and other information carriers of the other party that have become known to them and/or have been handed over to them and protect them from access by unauthorized third parties. Upon termination of the contract, these shall be returned to the other party, unless otherwise stipulated in this contract.
The parties undertake to comply with the relevant data protection regulations - in particular when handling personal data.
The parties agree for the contractual relationship that the data protection laws and regulations applicable in Germany shall apply. Both parties undertake to comply with these data protection regulations when processing personal data as part of the provision of services. Further information, in particular on the data processed by us and your rights in this regard, can be found in our separate privacy policy.
a. The place of performance for the services under this contract shall be our respective registered office, currently Seligenstadt.
b. The place of jurisdiction for legal disputes shall be Seligenstadt/Hessen, Germany. However, we are also entitled to take legal action at your registered office.
c. If a provision of these GTC is invalid or unenforceable, the remaining provisions shall remain unaffected. The contracting parties already agree to replace ineffective or unenforceable provisions with effective and enforceable provisions that come as close as possible to the economic purpose of the replaced provision.
d. The APPENDIX A and APPENDIX B are each an integral part of these GTC.
November 2024
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Advertiser: VISIT-X B.V., Krijin Taconiskade 424,1037 HW Amsterdam, The Netherlands
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Offer: Ersties www.ersties.com
Advertiser: EFC GmbH, Sonnenhof 3, 8808 Pfäffikon, Switzerland
The commission conditions shall be determined in accordance with the General Terms and Conditions (in particular Section 15.) and the further specifications set out herein.
Please refer to Section 15. a., aa., bb. of the General Terms and Conditions for the origin of the claims on the merits.
The percentages for sharing commissions specified in this APPENDIX B shall be applied to the sales in accordance with the assessment basis described and determined in the GTC under Section 15. b..
The amount of sharing commissions for VISIT-X, BeiAnrufSex, Telefonsex, Lustagenten is linked to the commission level (publisher level) you have achieved.
Your publisher level is determined by the new customer turnover achieved and added up by your successful advertising of the advertiser offers at VISIT-X, BeiAnrufSex, Telefonsex-Mehrwertnummern and Lustagenten.
When you register your VX-Cash account, you start at Publisher Level 1 in Table 1 below. We will check your further classification into the Publisher Level that applies to you once a month. The new customer turnover for each of the last 12 calendar months is determined. The highest monthly new customer turnover achieved in this period will be used to classify your Publisher Level.
Depending on the development of your new customer turnover, the publisher level can change in any direction during the course of the contractual relationship.
Table 1:
| New customer turnover p. month | Publisher level | Sharing VISIT-X / BeiAnrufSex / Telefonsex | Sharing Lustagenten |
|---|---|---|---|
| 5.000 € | 7 | 42% | 52% |
| 2.500 € | 6 | 40% | 50% |
| 2.000 € | 5 | 38% | 48% |
| 1.500 € | 4 | 36% | 46% |
| 1.000 € | 3 | 34% | 44% |
| 500 € | 2 | 32% | 42% |
| 1,00 € | 1 | 30% | 40% |
The sharing commission on sales at Ersties is 40%.
You can view special sharing offers from individual advertisers at special conditions in your VX-Cash account, if available. For these advertiser offers on VX-Cash, too, the basis for calculating turnover in accordance with section 15.b of the GTC applies.
You can see whether and for which advertisers CPA commissions are offered via your VX Cash account, as well as the amount of the respective CPA commission per campaign.
Please note that such advertiser offers on VX-Cash may also be subject to further conditions and may only be valid for a limited period of time. You will find the conditions directly with the respective offer.
You will only gain access to the commission opportunities mentioned here after we have activated them accordingly. The activation of Publishers for these commission opportunities is at our discretion. There is no entitlement to activation.
With the reseller feature, you will receive a commission of 10% of the net sales of publishers and/or models that they make via or in connection with VISIT-X if they have successfully registered on www.vxcash.net (publishers) or www.visit-x.net (models) for the first time as a direct result of your advertising.
The prerequisite for this is that the publisher/model recruited in this way is not you yourself or has a family or business relationship with you. This includes in particular your family members, company employees or employees who are dependent or self-employed by you. Any violation of this provision by you will result in your immediate exclusion from the Reseller Feature, the loss of the commission and a claim for repayment of any commission already paid out from the Reseller Feature.
Commissions on sales of blocked publishers/models are excluded. If the contractual relationship with the recruited publisher or VX model is terminated, your entitlement to commission also ends, even if the publisher/model registers again.
The Market Place contains separate, changing offers for the advertising of individual services or products from different Advertisers at variable commissions that deviate from sections 1 and 2 of this APPENDIX 2. The specific conditions, term and terms of a market place offer are set out individually for each offer. For these Market Place offers, too, the basis for calculating turnover in accordance with Section 15.b. of the GTC shall apply.
You will gain access to the Marketplace after we have activated it accordingly. Publishers are activated for the Marketplace at our discretion. There is no entitlement to activation.
Status October 2024