1.3 If you [register with our website, submit any material to our website or use any of our website services], we will ask you to expressly agree to these terms and conditions.
1.4 You must be at least 13 years of age to use our website; and by using our website or agreeing to these terms and conditions, you warrant and represent to us that you are at least 13 years of age.
2 Licence to use Bonop
4.1 You may only use our website registering your website, blog, company or video channel hereinafter referred to as "Content creators" or to support your favourite Content creators, and you cannot use our website for any other purposes.
4.2 Except as expressly permitted by these terms and conditions, you cannot edit or otherwise modify any material on our website.
4.3 Unless you own or control the relevant rights in the material, you cannot:
- republish material from our website (including republication on another website);
- sell, rent or sub-license material from our website;
- show any material from our website in public;
- exploit material from our website for a commercial purpose; or
- redistribute material from our website.
4.4 We reserve the right to restrict access to areas of our website, or even our whole website, at our discretion; you are not allowed to circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our website.
5 Use of Bonop
5.1 Bonop is a service where Content creators can find supporters to fund their work. Everyone can become a sponsor to fund these Content creators. A supporter can buy Bonop points, which they can donate to the Content creators. A Bonop points represents therefore a financial value.
5.2 You cannot:
- use our website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability or accessibility of the website;
- use our website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
- use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or any other malicious computer software;
- conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent;
- use data collected from our website for any direct marketing activity , including without limitation email marketing, telemarketing and direct mailing.
- have multiple accounts.
5.3 You cannot use data collected from our website to contact individuals, companies or other persons or entities.
5.4 You have to ensure that all the information you supply to us through our website, or in relation to our website, is complete, accurate and non-misleading.
6 Registration and accounts
6.1 To be eligible for an individual or company account on Bonop, you must be at least 13 years of age.
6.2 You may register for an account with our website by completing and submitting the account registration form on our website, and clicking on the verification link in the email that the website will send to you.
6.3 Your account is private, and you are not allowed to give access to your account to any other person.
6.4 You must notify Bonop immediately if you become aware of any unauthorised use of your account.
6.5 You are not allowed to use any other person's or companies account to access the website.
7 User accounts and passwords
7.1 If you register for an account with our website, we will provide you a password, this password in generated randomly. You can change this given password any time.
7.2 You can choose an username and if you sign up as a Content creators you can also choose a short url for your promo page.
7.3 Your username and or short url cannot not be liable to mislead and must comply with the content rules set out in Article 9.8 and further; you are not allowed to use your account, username or short url for or in connection with the impersonation of any person.
7.4 You have to keep your password confidential.
7.5 You have to notify us in immediately if you become aware of any disclosure of your password.
7.6 You are responsible for any activity on our website arising out of any failure to keep your password confidential, and may be held liable for any losses arising out of such a failure or loss of revenue or Bonop points.
8 Deactivation, cancellation and suspension of account
8.1 At any time in our sole discretion without notice or explanation we can:
- suspend your account;
- cancel your account;
- edit your account details;
- edit your content as described in Article 9
- block, suspend any kind of payments
- Business Partner accounts may be deactivated at any time without warning or notice at our sole discretion. Any Partner who violates Bonop's Terms of Service, including without limitation, these Business Partner Program Terms, or any applicable law is subject to having their Business Partner account deactivated immediately, and any and all accrued, but not yet received, referral fees will be forfeited.
- In our sole discretion, any false or misleading advertising or suspected fraudulent activity associated with your Business Partner account will result in immediate deactivation.
- We have a zero tolerance policy regarding spam. Business Partner accounts generating and / or sending spam (email) messages using our platform, as determined in our sole discretion, will be deactivated.
- Business Partner accounts generating a large number of fraudulent accounts, as determined in our sole discretion, will be deactivated.
- If you would like to discontinue your participation in the Business Partner Program at any time, simply remove your Business Partner links from your website and no longer promote them. For accounting purposes, our systems will retain your account and personal information.
8.2 You may cancel your Bonop account at any time. Simply login to your account, click on your account settings > your login details and click "close my account".
9 Your content
9.1 Your content means all works and materials including without limitation text, graphics, images, embedded material, audio and video material, audio-visual material, scripts, software and files that you submit to us on our website for storage or publication on, promotion or transmission via Bonop.
9.2 You grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce, store, adapt, publish, translate and distribute your content in any existing or future media / reproduce, store and publish your content on and in relation to this website and any successor website / reproduce, store and, with your specific consent, publish your content on and in relation to this website.
9.3 You grant to us the right to sub-license the rights licensed under Section 9.2.
9.4 You grant to us the right to bring an action for infringement of the rights licensed under Section 9.2.
9.5 You hereby waive all your moral rights in your content to the maximum extent permitted by applicable law; and you warrant and represent that all other moral rights in your content have been waived to the maximum extent permitted by applicable law.
9.6 You may edit your content to the extent permitted using the editing functionality made available on our website.
9.7 Without prejudice to our other rights under these terms and conditions, if you breach any provision of these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may delete, unpublish or edit any or all of your content or account.
9.8 You warrant and represent that your content will comply with these terms and conditions.
9.8.1 Your content cannot be illegal or unlawful, cannot infringe any person's legal rights, and cannot be capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law).
9.8.2 Your content, and the use of your content by us in accordance with these terms and conditions, cannot:
- be libellous or maliciously false;
- be obscene or indecent;
- infringe any copyright, moral right, database right, trade mark right, design right, right in passing off, or other intellectual property right;
- infringe any right of confidence, right of privacy or right under data protection legislation;
- constitute negligent advice or contain any negligent statement;
- constitute an incitement to commit a crime, instructions for the commission of a crime or the promotion of criminal activity;
- be in contempt of any court, or in breach of any court order;
- be in breach of racial or religious hatred or discrimination legislation;
- be blasphemous;
- be in breach of official secrets legislation;
- be in breach of any contractual obligation owed to any person;
- depict violence in an explicit, graphic or gratuitous manner;
- be untrue, false, inaccurate or misleading;
- consist of or contain any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage;
- constitute spam in any kind;
- be offensive, deceptive, fraudulent, threatening, abusive, harassing, anti-social, menacing, hateful, discriminatory or inflammatory;
- cause annoyance, inconvenience or needless anxiety to any person.
10 Limited warranties
10.1 We do not warrant or represent:
- the completeness or accuracy of the information published on our website;
- that the material on the website is up to date; or
- that the website or any service on the website will remain available.
10.2 We reserve the right to discontinue or alter any or all of our website services, and to stop publishing our website, at any time in our sole discretion without notice or explanation; and save to the extent expressly provided otherwise in these terms and conditions, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any website services, or if we stop publishing the website and or service(s).
10.3 To the maximum extent permitted by applicable law and subject to Article 11.1, we exclude all representations and warranties relating to the subject matter of these terms and conditions, our website and the use of our website.
11 Limitations and exclusions of liability
11.1 Nothing in a contract under these terms and conditions will:
- limit or exclude any liability for death or personal injury resulting from negligence;
- limit or exclude any liability for fraud or fraudulent misrepresentation;
- limit any liabilities in any way that is not permitted under applicable law; or
- exclude any liabilities that may not be excluded under applicable law.
11.2 The limitations and exclusions of liability set out in this Section 11 and elsewhere in a contract under these terms and conditions:
- are subject to Section 11.1; and
- govern all liabilities arising under that contract or relating to the subject matter of that contract, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in that contract.
121.3 To the extent that our website and the information and services on our website are provided free of charge, we will not be liable for any loss or damage of any nature.
11.4 We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.
11.5 We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
11.6 We will not be liable to you in respect of any loss or corruption of any data, database or software.
11.7 We will not be liable to you in respect of any special, indirect or consequential loss or damage.
11.8 You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the website or these terms and conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).
12 Breaches of these terms and conditions
12.1 Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may:
- send you one or more formal warnings;
- temporarily suspend your access to our website;
- permanently prohibit you from accessing our website;
- block computers using your IP address from accessing our website;
- contact any or all of your internet service providers and request that they block your access to our website;
- commence legal action against you, whether for breach of contract or otherwise; and/or
- suspend or delete your account on our website.
12.2 Where we suspend or prohibit or block your access to our website or a part of our website, you cannot take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).
13.1 We may revise these terms and conditions from time to time.
13.3 If you have given your express agreement to these terms and conditions, we will ask for your express agreement to any revision of these terms and conditions; and if you do not give your express agreement to the revised terms and conditions within such period as we may specify, we will disable or delete your account on the website, and you are not permitted to use Bonop.
14.1 You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions.
14.2 You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.
15.1 If a provision of a contract under these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.
15.2 If any unlawful and/or unenforceable provision of a contract under these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
16 Third party rights
16.1 A contract under these terms and conditions is for our benefit and your benefit, and is not intended to benefit or be enforceable by any third party.
16.2 The exercise of the parties' rights under a contract under these terms and conditions is not subject to the consent of any third party.
17 Entire agreement
17.1 Subject to Section 11.1, these terms and conditions, together with our privacy and cookies policy, shall constitute the entire agreement between you and us in relation to your use of our website and shall supersede all previous agreements between you and us in relation to your use of our website.
18 FTC Disclosure Policy:
- It is our intent to treat our customers fairly. Accordingly, we require all Bonop Partners to comply fully with all applicable laws, regulations and guidelines concerning advertising and marketing, including without limitation, the Federal Trade Commission (FTC) Endorsement Guides (See the FTC Endorsement Guide for more information.), which require that material connections between advertisers and endorsers be disclosed. This means that all Business Partner websites (e.g. directories, review/rating sites, blogs and other websites) and any email or collateral that provide an endorsement or assessment of Bonop, must prominently disclose the fact that you may receive compensation for referring customers to Bonop.
- For more information and suggestions about how to comply with these guidelines, please click the "FTC Disclosure" tab under the Terms tab when logged in to your Business Partner account. Please note that the FTC Disclosure page is only intended to provide guidance. It does not purport to provide legal advice and it does not guarantee that you will be in compliance with FTC regulations if you follow the suggestions presented. You are advised to seek and obtain your own legal advice on how these rules apply to your website or other promotional activities for which you receive compensation.
- At our sole discretion, we reserve the right to withhold referral fees and/or terminate the Business Partner relationship for your failure to comply with Bonop's FTC disclosure policy or with any other applicable regulations or guidelines, as determined by Bonop at our sole discretion.
19 Payment Requirements:
- As a Bonop business partner, you may accrue a referral fee for each purchase of a new client that you refer to Bonop that meets the definition of a "Qualified Purchase" and the requirements set forth herein. A "Qualified Purchase" is the purchase of Bonop's business partner membership by a new and unique customer who: (i) clicks on your tracking link, (ii) completes the signup process within ninety (90) days of clicking on the Business Partner tracking link.
- Business partner accounts must be active at the time of the referral. No referral fee will accrue for sales that occurred before your participation in the Business Partner Program.
- In order for Business Partner Program referrals to accrue and be eligible for your first referral fee payment, you must (i) reach a minimum threshold of USD$50 (the "Minimum Threshold") in referral fees you refer to Bonop; and (ii) provide Bonop with all relevant tax and address documentation, as further discussed herein. The Minimum Threshold only applies to the first payment issued to you under the Business Partner Program. All subsequent referral fees or credits for Qualified Purchases will accrue and only become payable once you have provided all relevant tax and address documentation.
- You are solely responsible for keeping all information up to date including postal and email addresses, name, payment information, tax information and any other personal information that will impact the ability to issue a valid payment. Each Business Partner is required to submit an accurate and up to date ID. If we do not receive the necessary payment information from you within ninety (90) days of a Qualified Purchase that would otherwise trigger a referral fee, such referral fee shall not accrue and no resulting referral fee will be owed with respect to such Qualified Purchase. Your information is required to be on file in order for your referral fees to accrue and become payable.
- Business Partners are solely responsible for ensuring that all payee information is accurate and up to date in our Business Partner system. Bonop is not responsible for any lost or stolen payments.
- Missing or untracked Business Partner referrals must be reported within 14 days and will be credited to your account at our sole discretion, provided that such credit has accrued pursuant to the terms contained herein. Referrals that are not reported during the then current referral period will not be credited to your account.
- The Business Partner referral fees are determined approximately 45 days after the the Qualified Purchase is recorded.
- Payments are sent using the PayPal mass payment system. Bonop pays for the transaction fee associated with the mass payment system. You are required to supply a PayPal address to receive payments. If you would prefer to receive payments by bank, you must notify Bonop and payments will be sent to the bank details you provide. Please note that payments by bank take up to an additional thirty (30) days to arrive.
- In the event that Bonop re-issues any payment, a USD$35 charge will apply and be deducted from the Partners earnings.
- Partners are responsible for making sure they are able to accept payments. Please ensure that your bank or PayPal account can accept payments from EU-based companies.
- Partners are responsible for correctly entering their payment details (bank details, paypal address). Payments, payouts and or fees can be lost forever if this information is not correct, Bonop can not be held responsible for this.
- Partners are responsible for any and all fees, taxes, exchange rates, surcharges and other expenses incurred in order to receive their referral fees. Please check with your local banking institution or PayPal to find out if any of these apply for your account.
- Because of the high frequency of credit card fraud and cancellation rates, Bonop reserves the right to hold referral fees for up to two (2) additional months for verification. At Bonop's sole discretion, we reserve the right to cancel referral fees in the event that we are unable to collect funds, the order is fraudulent, the customer cancels within the first ninety (90) days, or if we learn that the referral fee was earned improperly for any other reason.
- Referred customers that issue a chargeback or are found to be fraudulent (e.g. false information, fake/stolen credit cards, selling counterfeit goods etc.), as determined in Bonop's sole discretion, will be reversed regardless of the amount of time that has passed since the signup occurred.
- Customers using non-standard rates (rates not available through the Business Partner Program) are not eligible for Business Partner referral fees, as determined at Bonop's sole discretion. Non-standard rates include but are not limited to: sales, promotions, email offers, prepaid accounts and discounted pricing offered for educational, government, non-profit or charity organizations.
21 Business Partner Permissions, Restrictions and Responsibilities:
- Partners MAY offer cash back, rewards or other incentives to drive traffic/sales via their Business Partner tracking links as long as this not prohibited by law.
- Partners MAY NOT use cookie stuffing techniques that set the tracking cookie without the user actually clicking on the referral link (for example a 1x1 pixel iframe).
- Partners MAY NOT use Bonop's trademark, trademark +, or misspelled keywords in their domain names.
- Partners are responsible for ensuring their tracking code is working properly before sending traffic to Bonop's servers. Any modification to the links is the sole responsibility of the Business Partner. Referral fees may not be paid for tracking errors caused by editing, masking, redirecting or tampering with Business Partner links, as determined in Bonop's sole discretion.
- Domain forwarding is prohibited -- you may not purchase a domain and set it to forward directly to our site using your Business Partner link.
- Partners MAY NOT copy Bonop's website or any portions thereof, including, without limitation, any of Bonop's trademarks or other intellectual property, and display them on their own site or subdomain or use them in any way without Bonop's prior express written permission.
- Partners MAY NOT engage in the advertisement of business-opportunity sites or use marketing practices that attract fraudulent or short-term customers (customers with low retention and renewal rates) which shall be determined at our sole discretion.
22.1 A contract under these terms and conditions shall be governed by and construed in accordance with Spanish and European law.
22.2 Any disputes relating to a contract under these terms and conditions shall be subject to the court in Malaga, Spain.
f you have any questions regarding our Business Partner Program, please send an email via our contact form.
This file was last modified: December 03, 2019
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