THE MANDATORY CONDITION IS THAT YOU ACCEPT AND AGREE TO THESE TERMS AND CONDITIONS. BY PARTICIPATING IN THIS AMBASSADOR PROGRAMME OF KEYBOOST, YOU (THE AMBASSADOR) INDICATE YOUR ACCEPTANCE AND AGREEMENT TO ALL THESE TERMS AND CONDITIONS. IF ANY OF THESE TERMS AND CONDITIONS ARE NOT ACCEPTABLE TO YOU (THE AMBASSADOR), YOU (THE AMBASSADOR) MUST IMMEDIATELY STOP USING THIS AMBASSADOR PROGRAMME.
1.1. The Client is a legal or natural person, who has purchased a product or service from Keyboost under certain conditions.
1.1. The Client is a legal entity or natural person, who has purchased a product or service from Keyboost under certain conditions/agreements.
1.2. The Ambassador is a natural or legal person, who has completed the form on the Keyboost website and who uses the referral code, who has rights and obligations, in accordance with these terms and conditions and other terms and conditions between him and Keyboost.
1.3. The Ambassador programme is a set of programme- and marketing components through which the fixation of the realised product or service and the further payment of fees to the Ambassador is carried out.
2.1. Under these terms and conditions, the Ambassador will, in his own name, at his own expense, but in the interest of Keyboost, perform actions aimed at seeking and obtaining clients that want to use Keyboost’s further services, and Keyboost will be obliged to pay the Ambassador a fee in the amount and according to the procedure as specified in these terms and conditions.
2.2. The Ambassador will not be an owner and/or service provider, but will only perform the mediation function between Keyboost, the service provider and the customers.
2.3. The relationship between Keyboost and the Ambassador as governed by the terms and conditions shall in no case constitute a joint venture and/or authority relationship that is the subject of an employment contract. The Ambassador may only exercise the activity and represent himself in the relations with third parties as an Ambassador of and for the account of Keyboost and under no circumstances for his own account.
2.4. The participation of the Ambassador in the Ambassador programme is free.
2.5. Keyboost will continuously develop and improve the services of its Ambassador programme. In this context Keyboost reserves the right to stop any of its services partially or entirely, if this is necessary because of preventive measures, improvement of the service functions or changes in the service provided.
3.1.1 The Ambassador is obliged to ensure that current business is conducted in accordance with the laws of the country of his/her residence or where the seat of his/her main interests is located.
3.1.2 If third parties file claims with Keyboost related to the Ambassador’s activity, the Ambassador is required to indemnify Keyboost for all damages, of whatever nature, suffered by Keyboost and which are attributable to the Ambassador.
3.1.3 If the Ambassador, during the performance of his activities on behalf of Keyboost, becomes aware of illegal practices or violations of legal rules that harm the interests of Keyboost, the Ambassador will inform Keyboost immediately in writing and offer possible assistance to safeguard Keyboost’s interests.
3.1.4 The Ambassador cannot be a Customer acquired by the Ambassador, nor a Customer located in the same place as the Ambassador. Keyboost has the right not to pay the due fees to the Ambassador in case of a breach of this article.
3.1.5 The Ambassador is obliged not to undertake any actions that affect the operations of the Ambassador programme. Such actions include but are not limited to: efforts that have a technical effect on the work capacity of Keyboost’s servers, the use of unsolicited promotional e-mails, links and other processes.
3.1.6 The Ambassador is required to act in good faith and exclusively in the interest of Keyboost and shall in no way violate the obligations imposed on him by these terms and conditions.
3.2.1 To search for Customers, in accordance with Keyboost’s requirements, to determine the Customer’s interest in the services of Keyboost, to inform Keyboost about the obtained data.
3.2.2 To inform potential Clients about the scope of Keyboost’s activities and services.
3.2.3 To introduce Keyboost’s official website to Clients by providing links and the referral code.
3.2.4 To promote the trust of potential Clients and other people in Keyboost and its services.
3.2.5 To receive compensation from Keyboost in accordance with the terms of these Terms. The currency of the Ambassador is the Euro (EUR).
3.2.6 The Ambassador has other rights which result from the provisions of these terms and conditions and the applicable legislation of the country in which Keyboost is registered.
3.2.7 The Ambassador has the right to only one referral code which is provided by Keyboost.
3.3.1 To carry out activities that are in conflict with the legislation of the country where he/she resides or where the seat of his/her main interests is located, but also with Belgian legislation that may be applicable to the Ambassador’s activities.
3.3.2 To use a referral code in paid advertisements or advertisements offering another form of remuneration.
3.3.3 To send a referral code through unsolicited promotional e-mail (including spam, the publication of spam on forums and in online communities, etc.).
3.3.4 To post the referral code on coupon sites/deal sites and/or other sites/services whose main activity is to distribute discounts, coupons, promotional codes, etc.
3.3.5 To use, distribute and/or display irrelevant, non-objective and false information that refers to or mentions Keyboost. This includes real data about urgent marketing proposals (campaigns, offers). The use and/or distribution of irrelevant or incorrect data can be a basis to suspend or end the cooperation with the Ambassador according to the provisions of article 4.5 of the Agreement.
3.3.6 To carry out actions that may harm Keyboost’s existing image, reduce trust in Keyboost’s services or misinform potential Customers about Keyboost’s activities.
3.3.7 To perform actions that could lead to Keyboost’s obligations vis-à-vis third parties that are not Keyboost’s Customers.
3.3.8 The Ambassador does not have the right to place advertisements on websites that contain information which violates human rights or promotes violence, racial discrimination, drugs, slave trade and material with sexual content.
3.3.9 In the contractual relationship with Keyboost, as governed by these terms and conditions, the Ambassador commits to refrain from any actions with regard to Keyboost that violate the EU competition rules, the competition rules as governed by books IV and V of the Belgian Economic Law Code and the fair market practices and consumer protection rules as governed by book VI of the Belgian Economic Law Code.
3.3.10 Non-compliance with this obligation will result in a unilateral termination of the ambassador programme by Keyboost in accordance with Article 3.5 of these terms and conditions, without prejudice to Keyboost’s right to demand the cessation of harmful market practices and Keyboost’s right to claim damages.
3.4.1 Keyboost is obliged to pay the compensation to the Ambassador on time, as specified in these terms and conditions.
3.4.2 The payment is only made as soon as the Ambassador requests it online, via a button in the dashboard. The minimum amount for payment is € 50.
3.4.3 Keyboost provides the Ambassador with the instructions and recommendations concerning the execution of the obligations that are the subject of these terms and conditions.
3.5.1 Keyboost has the right to monitor the activity of the Ambassador in relation to the exercise of his Ambassador functions, as set out in these terms and conditions. More specifically, Keyboost monitors the compliance of the Ambassador with the provisions 3.1 and 3.3 of these terms and conditions.
3.5.2 The ambassador programme can be terminated unilaterally on Keyboost’s initiative, in the case of an Ambassador’s breach of the obligations, as stated in these terms and conditions. The ambassador programme is considered terminated in accordance with the circumstances mentioned in this article, after the expiry of 24 hours after sending a cancellation e-mail to the e-mail account of the Ambassador, whereby the fact that the Ambassador has received and read the cancellation of the ambassador programme in this case is of no importance.
3.5.3 Keyboost is entitled to unilaterally terminate the ambassador programme in the case of a breach of the prohibitions in article 3.3 or the non-fulfilment of the obligations as set out in article 3.1 of these terms and conditions by the Ambassador and in general for non-compliance with the provisions of these terms and conditions, as well as in the following cases
– Application of a form of advertising that allows the registration of the paid action, but enables a visitor to carry out these actions by means of fraud, attempted extortion, or other actions that violate the freedom of choice.
– Actions of the Ambassador that have a negative impact on the image and goodwill of Keyboost.
3.5.4 Keyboost gives the Ambassador written notice of the termination of the ambassador programme and the reason for it.
3.5.5 Keyboost has the right, in case of a breach of these terms and conditions by the Ambassador, to block the Ambassador’s account with the full amount of the earned compensation.
4.1 For the execution of orders under these terms and conditions, Keyboost will pay the Ambassador a fee, the amount of which will be determined in these terms and conditions.
4.2 The Ambassador will receive a fee from Keyboost that is directly dependent on the success of the actions and advertising campaigns.
4.3 Except for the agreed amount of remuneration owed to him, the Ambassador is not entitled to reimbursement of costs he has incurred for the use of services, programmes or services of third parties, even if these costs were related to his advertising activities in the framework of the Ambassador programme.
4.4 A right to remuneration shall be exercised only if the following conditions are cumulatively met:
– As a result of the Ambassador’s advertising activities, a successful agreement was made between Keyboost and a Customer that was delivered to Keyboost.
– An agreement was closed that includes the entire financial arrangement between the Customer and Keyboost.
– The Ambassador did not violate the obligations and conditions as stated in article 3 of these terms and conditions.
4.5 Compensation can be paid in the manner chosen by the Ambassador:
– By depositing the amount into an account with an IBAN number.
– By granting a discount on the Ambassador’s next order with Keyboost.
4.6 The calculation and payment of the fees are done at the end of each month.
4.7 If the Ambassador has outstanding invoices with Keyboost, these will first be settled with the compensation to be paid to the Ambassador, after which the remaining part will be transferred by Keyboost, unless the amount owed to Keyboost exceeds the compensation.
4.8 The payment is considered to have been made and Keyboost’s obligations concerning the payment of a reimbursement to the Ambassador fulfilled, after debiting (the amount of the payment) the current account of Keyboost.
4.9 No interest is accrued on the amount of the compensation in the Ambassador’s account in the Ambassador programme, regardless of the pay-out period.
4.10 Payment is made exclusively in euro. Exchange of currency is not possible within the system.
5.1 Keyboost pays the Ambassador a fee in the amount of:
– 10% of the full amount of all paid invoices of all introduced customers (lifetime).
5.2 Keyboost allows the Ambassador a discount of:
– 10% discount on the Ambassador’s first order if they post a testimonial or review on TrustPilot, Facebook or Google Business;
– 10% on the Ambassador’s own invoices as long as they have at least one referred customer with an active, paid account.
7.1 Keyboost is not liable for losses and risks caused by the content of third-party websites, errors in the software or technical resources of the participants in the Ambassador programme, or for damage caused by insufficient access or limited functionality of the internet network.
7.2 For the rest, Keyboost is responsible
– for the intended actions or serious dereliction of duty of its legal representatives or executive employees;
– in case of breach of essential obligations of these terms and conditions, which makes it impossible to execute the ambassador programme and on which the other party relies reliably and continuously.
7.3 The financial liability is limited to the compensation of the actual damage, which is determined by the participants or by the decision of the court.
8.1 The cooperation under the ambassador programme is entered into for an indefinite period of time, after the Ambassador has ticked his/her agreement with these terms and conditions and once this has been registered with Keyboost. The Ambassador may end the ambassador programme unilaterally by sending an e-mail to Keyboost.
8.2 The ambassador programme can be terminated unilaterally on Keyboost’s initiative, in the case of an infringement by the Ambassador of the obligations referred to in these terms and conditions. The ambassador programme is considered terminated in accordance with the circumstances mentioned in this article, after the expiry of 24 hours after sending a cancellation e-mail to the e-mail account of the Ambassador, whereby the fact that the Ambassador has received and read the cancellation of the ambassador programme in this case is of no importance.
8.3 If the Ambassador has any unpaid compensation amount outstanding at the termination of the Ambassador programme, this amount shall be paid in the next payment period to the personal or company account previously mentioned.
8.4 All deals closed prior to the termination of the Ambassador programme shall be processed in accordance with normal procedure.
9.1 Keyboost reserves the right to change minor provisions of these terms and conditions without giving reasons and at any time, if these changes do not affect the general provisions of these terms and conditions. The notification of the amendments shall be sent by e-mail at least 5 (five) days before they take effect.
9.2 If the Ambassador does not object to the changes during 5 (five) days after the date of delivery by e-mail, the changes shall become effective for him.
9.3 If the Ambassador objects to the changes and does not wish to endorse them, the Ambassador programme shall be deemed to be cancelled.
9.4 If the parties cannot settle disputes and/or conflicts between them through negotiations, these disputes shall be settled by the courts.
9.5 These conditions are governed by and interpreted in accordance with Belgian law. Any dispute relating to the acceptance, validity, interpretation or execution of these terms and conditions shall be definitively settled by the courts of the district of Antwerp, Antwerp section, and by the Court of Appeal in Antwerp.
9.6 If individual provisions of these terms and conditions are wholly or partially invalid, the validity of the remaining provisions shall remain in force. The provisions that have become invalid shall be deemed to have been replaced by others, in particular the closest in meaning and designation. This applies to any omitted provisions of these terms and conditions.
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