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Terms and Conditions

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Leadlegends B.V. Terms *
LeadLegends Terms and Conditions
Publishers and affiliates

Article 1	Definitions
1.1	In these Terms and Conditions, the following definitions shall have the corresponding meaning:
Agreement	The Order Form and these Terms and Conditions, concluded between LeadLegends and Client
Client	The organization to which LeadLegends provides the Services as described in the Order Form.
LeadLegends	LeadLegends B.V., a limited liability company under Dutch law (chamber of commerce: 68105967), with its principal place of business at Hoogstraat 47, 5258 BA Berlicum
Order Form	The order form which describes the Services provided to Client as well as the commission Client is entitled to
Party/Parties	Either LeadLegends or Client individually (singular) or both (plural)
Services	The services offered by LeadLegends as described in these General Terms and Conditions. The precise Services provided to Client shall be described in the Order Form
Terms and Conditions	These terms and conditions which shall together with the Order Form constitute the Agreement between LeadLegends and Client
Website	www.leadlegends.com

Article 2	Application
2.1	These Terms and Conditions shall apply to any offer or agreement for the provision of the Services by LeadLegends, and shall, together with the Order Form, be considered the Agreement.
2.2	These Terms and Conditions shall also apply to the Services, in part or in full, for which LeadLegends has contracted a third party.
2.3	The applicability of any general terms and conditions of Client, under whatever name, is expressly rejected. In the event and to the extent that any other general terms and conditions, under whatever name, apply, the provisions of these Terms and Conditions shall prevail.
2.4	LeadLegends shall be entitled to change these Terms and Conditions at any time. The latest Terms and Conditions are available on the Website. If a change to these Terms and Conditions significantly impacts the rights or obligations of Client, LeadLegends shall inform Client explicitly thereof.

Article 3	 The Services
3.1	The Services LeadLegends offers to publishers and affiliates include: offering access to advertisers and advertisement campaigns, helping generate more advertisement revenue and offering statistics on the effectiveness of advertisement campaigns.
3.2	The Services are further described on the Website. 
3.3	The precise Services provided to Client shall be described in the Order Form.
3.4	LeadLegends performs its services with care to the best of its ability, where applicable in accordance with the arrangements and procedures agreed on with Client in writing. All services provided by LeadLegends are performed on the basis of a best-efforts obligation unless and insofar as LeadLegends has explicitly promised a result in the written agreement and the result concerned has been described in the agreement in a sufficiently precise manner.

Article 4 	Account registration
4.1	To make use of the Services, Client must create an account on the Website. With the account, Client is able to use the Services. 
4.2	Client is responsible to keep the account information, including username and password, secret. Client is also responsible for everything the account is used for. LeadLegends may assume that the person who accesses the account, is Client or is authorised by Client to access the account. As soon as Client knows or has reason to suspect that account information has become available to unauthorised persons or that an unauthorised person has made use of the account, Client shall immediately inform LeadLegends of this. Furthermore, Client shall take immediate and appropriate measures to safeguard the account, including by changing the password.
4.3	For safety measures, the password should be changed at least once per year.
4.4	LeadLegends reserves the right to change the login procedure, password requirements and passwords when this is deemed necessary in the interest of securing the Services. LeadLegends shall inform Client of any such change.

Article 5 Obligations of Client
5.1	Parties acknowledge that the success of activities to be performed in the field of marketing and information and communications technology depends on proper and timely cooperation of Parties. Client undertakes always to fully cooperate, within reason, and in time.
5.2	Client vouches for the correctness and completeness of the data, information, designs and specifications provided by on or behalf of Client to LeadLegends. If the data, information, designs or specifications provided by Client contain inaccuracies apparent to LeadLegends, LeadLegends may notify Client of this and may request Client to provide further information.
5.3	Client bears the risk of selecting the Services to be provided by LeadLegends. Client always exercises the utmost care to guarantee that the requirements set for LeadLegends’ performance are correct and complete. Measurements and data provided in drawings, images, catalogues, websites, offers, advertising material, standardisation sheets and the like are not binding on LeadLegends unless explicitly stated otherwise by LeadLegends.

Article 6	Payment
6.1	Client shall receive a commission for generating leads and sales as determined in the Order Form. Client acknowledges and accepts that LeadLegends will invoice the commission on behalf of Client for the amount payable to Client. The invoicing and payment terms shall be determined by LeadLegends. 
6.2	In the event Client wishes to dispute the accuracy of an invoice, Client must notify LeadLegends without delay, but ultimately within seven (7) days of the invoice date. 
6.3	All prices are in euros and exclusive of turnover tax (VAT) and other levies imposed by the government. 
6.4	In the situation where Client generates disproportionately few sales compared to the amount of leads, LeadLegends shall, at the end of the month, be entitled to reduce the commission.
6.5	Irrespective of article 6.4, LeadLegends is entitled to adjust, in writing and with due observance of a term of at least three months, the applicable commission for the Services. If Client does not agree to this adjustment, Client shall be entitled to terminate  the Agreement in writing within thirty days following the notice of the adjustment.

Article 7	Duration and termination
7.1	The duration of the Agreement shall be stipulated in the Order Form.
7.2	The duration of the Agreement for a definite period of time is tacitly extended, each time by the period of time originally agreed, unless LeadLegends or Client should terminate the Agreement by serving written notice of termination, with due observance of a notice period of three months prior to the end of the relevant term.
7.3	In addition to the other (legal) remedies available to LeadLegends, LeadLegends shall at all times and without giving reasons and without prior explanation, be entitled to (temporarily) restrict, suspend or deactivate the activities of Client in connection with the Service, to (temporarily) terminate and/or remove the account, to send out a warning, to terminate the Services or to refuse to provide the Services to Client, in particular - but not limited to – if Client breaches these Terms and Conditions. For this, LeadLegends shall never be liable for any damages or compensation whatsoever.
7.4	Each of the Parties shall be entitled to terminate the Agreement by written notice to the other Party, if the other Party imputably fails to perform obligations under the Agreement - in all cases, after having received a proper written notice of default which is as detailed as possible and in which the Party in default has been given a reasonable time period to remedy the breach.
7.5	Each of the Parties shall be entitled to partly or fully terminate the Agreement in writing with immediate effect and without a notice of default if the other Party is granted a suspension of payments, whether or not provisional, a petition for bankruptcy is filed against the other Party or the company of the other Party is liquidated or dissolved other than for restructuring purposes or for a merger of companies.
7.6	LeadLegends shall be entitled to partly or fully terminate the Agreement with immediate effect and without a notice of default, without being liable to Client, in the event a change occurs in the control over Client’s organisation. 
7.7	If the Agreement is terminated for whatever reason, (i) LeadLegends shall reserve the right to cancel (further) access to the Services and account, (ii) rights and licences granted to Client shall be cancelled automatically. 
7.8	All rights or obligations which, by their nature, are intended to continue to apply after termination of the Agreement, shall continue to apply after the termination of the Agreement.

Article 8	Intellectual property rights
8.1	All intellectual property rights to the Services, Websites, data files, databases, hardware, training, testing and examination materials, as well as other materials such as analyses, designs, documentation, reports, offers, including preparatory materials for these materials, developed or made available to Client under the Agreement remain exclusively vested in LeadLegends, its licensors or its suppliers. Client is solely granted the rights of use laid down in these Terms and Conditions, in the Agreement entered into by parties in writing and in the applicable mandatory legal provisions. A right of use granted to Client is non-exclusive, non-transferable and non-sublicensable.
8.2	Client is not permitted to remove or change any indication with respect to the confidential nature of the software, websites, data files, hardware or materials or with respect to copyrights, brands, trade names or any other intellectual property right pertaining to the software, websites, data files, hardware or materials, or have any such indication removed or changed.
8.3	LeadLegends indemnifies Client against any claim of a third party based on the allegation that software, websites, data files, hardware or other materials developed by LeadLegends itself infringe an intellectual property right of that third party, provided always that Client promptly informs LeadLegends in writing about the existence and content of the claim and leaves the settlement of the claim, including any arrangements to be made in this context, entirely up to LeadLegends. To this end, Client provides LeadLegends with the powers of attorney and information required and renders the assistance LeadLegends requires to defend itself against such claims. This obligation to indemnity does not apply if the alleged infringement concerns (i) works or materials made available by Client to LeadLegends for use, modification, processing or maintenance or (ii) modifications Client has implemented or modifications Client has had implemented in the software, websites, data files, hardware or other works and materials without LeadLegends’ written permission.
8.4	LeadLegends is entitled to use Client’s figurative mark, logo or name in its external communication.
8.5	The (intellectual property) rights on the content of Client shall remain with Client. Client shall grant herewith a licence to LeadLegends for the use of the content of Client insofar as this is necessary for the provision of the Services.

Article 9	Confidentiality
9.1	Information provided or published by either Party to the other Party of which the receiving Party may reasonably understand that it is confidential, shall be treated by the receiving Party strictly confidentially.
9.2	The obligations of confidentiality stipulated in this article shall not apply if the receiving Party is able to demonstrate that the information is not confidential, because: (1) it was already known by the receiving Party at the time that it was provided by the disclosing Party, (2) it was already publicly available at the time of the disclosure to the receiving Party, or (3) it must be provided to a third party in compliance with a judicial decision, a statutory requirement, a statutory order by a public authority or for the proper performance of the Agreement. 
9.3	In addition, the confidentiality obligations shall not apply for information which: (1) becomes known as a result of an action by the providing Party, (2) is received legally by the receiving Party from a third party, without violating these confidentiality obligations, (3) is developed by the receiving Party, fully independently from the provision by the providing party; or (4) is made public with the approval of the providing Party.
9.4	With respect to confidential information, Parties shall undertake to adhere to at least the same duty of care and guarantees applicable with respect to their own confidential information. LeadLegends shall be entitled to disclose confidential information to third parties, such as technical sub-contractors, to the extent that this is deemed strictly necessary in order to perform the Agreement. LeadLegends guarantees that these third parties shall assume the same duty of care in respect of the confidentiality of the confidential information as set out in this article. 
9.5	If LeadLegends is obliged to provide some form of information security under the Agreement, the security features provided meet a level that is not unreasonable in view of the state of the art, the implementation costs, the nature, scope and context as known to LeadLegends of the information to be secured, the purposes and the standard use of LeadLegends’ products and services and the probability and seriousness of foreseeable risks. LeadLegends does not guarantee that the information security provided is effective under all circumstances. 

Article 10	Compliance with legislation
10.1	Client is fully responsible for the data that it processes when making use of the Services provided by LeadLegends. Client guarantees vis-à-vis LeadLegends that the content (including content delivered for the use in (commercial) communications), use and/or processing of the (personal) data are not unlawful and do not infringe any third party’s right. Client indemnifies LeadLegends against any claims by a third party instituted, for whatever reason, in connection with these data or the performance of the Agreement, including, but not limited to, fines and enforcement actions by a public authority.
10.2	Where the Services are used to send (commercial) communications by mail or any other medium, Client shall guarantee to have obtained all rights required to do so, and to act in compliance with all applicable laws and regulations in this regard, including but not limited to:
a	the General Data Protection Regulation; 
b	the UK GDPR implementation 
the  Gambling Act 2005 and lower legislation and also the successors of these laws and regulations. 
10.3	Client indemnifies LeadLegends against any claims by a third party instituted, for whatever reason, in connection with the processing of personal data or the sending of (commercial) communications, including, but not limited to, fines and enforcement actions by a public authority.
10.4	Client acknowledges that it shall act as an independent “controller” for the processing of personal data as stipulated in the General Data Protection Regulation. Client indemnifies LeadLegends against any claims by persons whose personal data are or have been processed and for which netprocessing Client is responsible pursuant to the law.
10.5	Where necessary, Client has obtained freely given, specific, informed and unambiguous consent for the sending of the specific (commercial) communications from data subjects in accordance with the General Data Protection Regulation. Client shall at all times verify the content of the specific (commercial) communications in order to assess whether the content may be sent and whether the said consent covers the (sending of the) specific (commercial) communications. Client shall not unlawfully send (commercial) communications to minors or other vulnerable data subjects.
10.6	LeadLegends shall at all times be entitled to reject or refuse any lead for any reason, including when: (1) the contact details are invalid, (2) leads are duplicates, (3) the leads originate from a different source than agreed upon, (4) the lead can be considered a hoax, (5) the lead can be considered fraudulent or (6) the leads generate disproportionately few sales or clickthroughs.
10.7	Client indemnifies LeadLegends against any claims by persons whose personal data are or have been processed and for which processing Client is responsible pursuant to the law.
10.8	If, further to a request or a lawfully issued order by a public authority or in the context of a statutory obligation, Client should perform activities with relation to data of Client, Client’s employees or users, any costs involved in this for LeadLegends may be charged to Client.

Article 11	Liability
11.1	This provision sets out LeadLegends’ full liability to Client for failing to perform this Agreement and/or any other liability arising from or relating to the Services.
11.2	LeadLegends’ total liability as a result of an imputable shortcoming in the performance of the Agreement or for any other reason, shall at all times be limited to compensating direct damages up to a maximum of the amount which Client has effectively paid to LeadLegends in the twelve (12) months preceding the event that caused such damages.
11.3	For the purpose of this article, a series of connected events is considered a single event.
11.4	Liability for indirect damage, consequential loss, loss of profits, lost savings, reduced goodwill, loss due to business interruption, loss as a result of claims of Client’s clients, loss arising from the use of goods, materials or software of third parties prescribed by Client to LeadLegends and any damage and loss arising from contracting suppliers Client has recommended to LeadLegends is excluded. Liability for corruption, destruction or loss of data or documents is also excluded.
11.5	Unless performance by LeadLegends is permanently impossible, LeadLegends is exclusively liable for an imputable failure in the performance of the Agreement if Client promptly serves LeadLegends with a written notice of default, granting LeadLegends a reasonable period of time to remedy the breach, and LeadLegends should still imputably fail to meet its obligations after that reasonable term has passed. The notice of default must describe LeadLegends’ failure as comprehensively and in as much detail as possible so that LeadLegends has the opportunity to respond adequately. The right to compensation of damages exclusively arises if Client reports the damage to LeadLegends in writing as soon as possible after the damage has occurred. Any claim for compensation of damages filed against LeadLegends lapses by the mere expiry of a period of twelve months following the event that caused such damages unless Client has instituted a legal action for damages prior to the expiry of this term.
11.6	Parties shall not be liable for any delay or shortcoming in the performance of the Agreement as a result of circumstances beyond the reasonable control of that Party, including but not limited to force majeure, terrorism, earthquakes, government interventions, labour conflicts, failing aid programmes, deficit in reserves, riots, war, fire, epidemics or delays by suppliers.

Article 12	Other provisions
12.1	Parties shall at all times make clear that they are acting as independent, autonomous Parties under their own name and for their own risk. Parties are not authorised to enter into commitments or obligations with third parties on behalf of each other. In no way does the Agreement intend to establish a legal relationship that goes beyond the rights and obligations that Parties have entered into with each other in the Agreement. In particular, yet not limited to this, it is not the intention of the Agreement to create a joint venture, agency or employment relationship.
12.2	The English language version of these Terms and Conditions shall prevail in case of any inconsistencies with translated versions.
12.3	Client shall not be authorised to transfer the Agreement and/or the rights and obligations ensuing from the Agreement to a third party without prior written approval of LeadLegends.
12.4	LeadLegends shall have the right to transfer (part of) the Agreement and/or any rights and obligations ensuing from the Agreement to an entity affiliated with LeadLegends.
12.5	If any provision of these Terms and Conditions should be null and void or is annulled, the other provisions of these Terms and Conditions remain fully applicable and effective. In that case, Parties consult as to arrange for new provisions which have the same purport, as much as possible, and that will replace the provisions that are null and void or that have been annulled.
12.6	All disputes and claims arising from or relating to the Agreement, whether before or after termination of this Agreement, that Parties fail to settle amicably, shall be submitted solely to the competent court having jurisdiction over LeadLegends’ place of business.

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Leadlegends Sub-Affiliation Program Terms and Conditions

1. Introduction

The Leadlegends Sub-Affiliation Program ("Program") allows existing publishers ("Affiliates") of Leadlegends, the number one casino CPL (Cost Per Lead) network, to refer new publishers  to the Leadlegends platform and earn a referral fee for life on the generated revenue from the referred publishers or clients.

2. Eligibility

    Affiliates must be registered and approved publishers of Leadlegends.
    Affiliates must adhere to Leadlegends' terms and conditions as well as any additional terms specific to the Program.
   Please note that in order for an Affiliate to receive commission on their referred partner, the referring Affiliate must themselves be an active Affiliate in good standing with Leadlegends. 

3. Referral Commission

    Affiliates will receive a referral fee equal to 5% of the revenue generated by the referred publisher for life.
    The referral fee will be calculated based on the net revenue generated by the referred publisher.
    The referral fee will be paid to the Affiliate on a monthly basis, subject to a minimum payout threshold determined by Leadlegends.

4. Referral Tracking

    To receive credit for referrals, Affiliates must ensure that the referred publisher registers using the unique referral link provided by Leadlegends.
    Leadlegends will track referrals and associated revenue using advanced tracking technology. However, Leadlegends shall not be liable for any inaccuracies or failures in tracking that are beyond its reasonable control.

5. Payouts

    Referral fees will be paid to Affiliates via the preferred payment method specified in their Leadlegends account.
    Leadlegends reserves the right to withhold or adjust referral fees in case of suspected fraud, abuse, or violation of Leadlegends' terms and conditions.

6. Program Changes

Leadlegends reserves the right to modify, suspend, or terminate the Program at any time without prior notice. Any changes to the Program will be communicated to Affiliates via email or through the Leadlegends platform.

7. Compliance

Affiliates must comply with all applicable laws and regulations when promoting Leadlegends and referring new publishers or clients to the platform. Affiliates shall not engage in any form of deceptive or unethical marketing practices.

8. Confidentiality

Affiliates agree to keep all information related to the Program, including referral rates and tracking methods, confidential and shall not disclose such information to third parties without prior written consent from Leadlegends.

9. Governing Law

These terms and conditions shall be governed by and construed in accordance with the laws of The Netherlands, without regard to its conflict of law principles.

By participating in the Leadlegends Sub-Affiliation Program, Affiliates agree to be bound by these terms and conditions. Leadlegends reserves the right to amend these terms and conditions at any time without prior notice.

For any questions or inquiries regarding the Program, please contact your manager.
I read and accept LeadLegends's Terms & Conditions