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Terms & Conditions


The following Terms & Conditions apply to the use of the TargetMusic website and services. The use of our services is based upon your acceptance and compliance with these rights and obligations.


Definitions

1. TargetMusic is a licensed and registered trade name of TargetMusic B.V. TargetMusic B.V. is a privately held limited liability company with its Headquarters at Huizermaatweg 550A, 1276LM Huizen (The Netherlands). It is registered by the Chamber of Commerce with the Number 32156308 and assigned the VAT Number NL8210.50.540.B.01.

2. Affiliate: Each entity, which has accepted these Terms & Conditions and is accepted by TargetMusic as an Affiliate is authorized to offer mobile services via TargetMusic.

3. Affiliate site: The affiliate participates with this internet webpage or -pages to the partner program of TargetMusic.



Registration and Acceptance

1. To register as an Affiliate, this maintains that these Terms & Conditions are accepted and respected.

2. For Acceptance as an Affiliate it is required that TargetMusic receives the complete registration form within 7 working days after receipt of the acceptance of these Terms & Conditions for confirmation and TargetMusic notifies that they do not accept this registration.

3.If TargetMusic does not inform within seven (7) days, after receiving the complete filled out forms with the acceptance of the Terms & Conditions then acceptance of Affiliate will become final.



Limitations and Restrictions

1. The affiliate will use the delivered content only for the partner program and will not change the content.

2. Affiliates are not permitted to use this partner program for transactions and/or conduct which conflicts with legal regulations, the netiquette, guidelines of the Advertising Code Committee, the Code of Conduct (Netherlands), the Code of Ethics (Belgium), the agreement or these general Terms and Conditions. Hereunder fall, included but not limited to, the following transactions and behaviours:

3. spamming: to send unasked large quantities of SMS, containing the same content and/or posting unasked quantities of messages containing the same content on the internet;


  • Infringement of copyrights and/or other property rights which are inconsistent with the intellectual property rights of third parties;
  • Misleading of third parties.


Commission

1. The Affiliate is entitled to a commission, if TargetMusic registers a sale via an Affiliate site. This commission is VAT excluded for Company registered Affiliates. If this is the case, which is in use accordance with the Dutch law, VAT will be calculated over the commission.

2. The registration of sales, as published on the website of TargetMusic, is stringent to the Affiliate.

3. The Affiliate permits TargetMusic to generate credit notes for payment of the commission. In case the Affiliate wishes to take care of the invoicing itself, this should be discussed first with TargetMusic.

4. The payment of the commission will be executed ten (10) weeks after the end of each month at the given Affiliates bank account number. Commission amounts below € 25 (say: twenty five Euros) will not be paid. In case the commission over one month is less then € 25 (say: twenty five Euros), no payment will be done in the month concerned and this amount will be saved. The payment will execute in case the total amount of € 25 (say: twenty five Euros) or more is achieved;

5. In case of payments to Affiliates (registered outside the Netherlands, the minimum earnings must be over € 50 (say: fifty Euros). In case the commission over one month is less than € 50 (say: fifty Euros), no payment will be done and the commission will be saved. The payment will be executed in the month whereas the total amount of € 50 (say: fifty Euros) or more is achieved. Possible bank costs will be deducted on the amount payable in case these costs are above € 10 (say: ten Euros) per transaction.

6. The total amount of the commission will be paid every month in retrospect in Euros by TargetMusic. Undiminished by mentioning the relation to the minimal height of the credit balance, the payment will take place within seven (7) working days after the end of the concerning month.



Termination


1. TargetMusic has the right to terminate this Affiliate agreement at all times, considering a termination period of two (2) weeks. Without prejudice to any other TargetMusic rights, TargetMusic is authorized to end the Affiliate agreement with immediate effect is case of:


  • The Affiliate infringes with the Terms & Conditions;
  • The Affiliate infringes with the Code of Conduct (Netherlands) and/or Code of Ethics (Belgium);
  • Affiliates content of sms-messages to the judgement of TargetMusic, which might infringe with the public services, good ethics, offensive or violent abuses;

2. The Affiliate has the right to end this agreement at all times, without taking into account the period of termination, unless it is an exclusive agreement next to these Terms & Conditions. Unsubscribing must be done in writing, by using the completed termination form, which needs to be signed off and sent to TargetMusic B.V., Huizermaatweg 550A, 1276LM, Huizen, the Netherlands.

3. Due to termination, possible commission amounts will be paid by TargetMusic, if the minimum payment amount of € 25, - for Dutch Affiliates and € 50, - for foreign Affiliates is achieved. Outstanding commission amounts will be reported and paid ten (10) weeks after the end of each month and after termination via a credit note. No claims can be done by Affiliate for amounts lower than the minimum amount of payment. These amounts will revert to TargetMusic.



Privacy

All reported information will be treated with respect and will remain strictly confidential. Neither party will disclose any information to third parties before consulting the other party.


Liability

1. TargetMusic does not accept any damages or losses of the Affiliate or third party for the services offered;

2. TargetMusic is responsible for 24/7 accessibility of the partner program, except for periodical maintenance, technical disturbances and Force Majeure. TargetMusic is not liable or responsible for any possible loss of turnover or other possible costs which might result from this;

3. Affiliate warrants that it will meet the obligations required by fiscal legislation and will safeguard TM from of all related claims in this matter.

4. The Affiliate is solely accuracy for the correctness content of the account data.

5. TargetMusic is not liable or responsible for delays and/or errors in payments which were caused to wrong or invalid given information.



Other

1. The Affiliate is not entitled to accept obligations, is not allowed to express promises or act on behalf of TargetMusic.

2. The Affiliate is not entitled to transfer the Affiliate agreement to a third party.

3. TargetMusic is entitled to change these Terms & Conditions at all time. The Affiliate will be notified digitally of these changes. In case of changed Terms & Conditions, which might be unacceptable for the Affiliate, the Affiliate is entitled to end the Affiliate agreement. The Affiliate respects and accepts this changed Affiliate agreement, in case the Affiliate does not end the agreement.

4. In case any definition of this agreement infringes with appropriate law, this definition will be changed in accordance with the appropriate law by taking into account the purpose of the definition concerned.

5. The Terms & Conditions are governed by and construed in accordance with the laws of the Netherlands and each party consents to the exclusive jurisdiction of the Dutch courts for adjudication of any disputes arising out of this agreement.