Terms & conditions

Article 1 – Definitions

The following definitions apply in these terms and conditions:

1. Affiliate Promotions: any promotions containing the Affiliate Link on the Affiliate’s Social Media Account(s) or Affiliate’s Website(s) that promotes Quantum Multiverse or the Products or Events and is created and made public electronically by the Affiliate;

2. Affiliate: any natural person from the age of eighteen (18) or any legal entity that has accepted these terms and conditions and whose application on the Quantum Multiverse Affiliate Program Website has been approved by Quantum Multiverse;

3. Affiliate Dashboard: the personal electronic environment that the Affiliate can visit via its account on the Quantum Affiliate Program Website (https://partner.quantummultiverse.world/).;

4. Referral ID: the unique identification number or word(s) included in the Affiliate Link;

5. Affiliate Link: an electronic link to the Quantum Multiverse Websites provided to the Affiliate via the Affiliate Dashboard, which contains its Referral ID;

6. Affiliate Social Media Account: a social media account of the Affiliate;

7. Affiliate Website: a ready-to-use website developed by the Affiliate that the Affiliate indicates on the application form during the registration process on the Quantum Multiverse Affiliate Program Website;

8. Confidential information: the information as mentioned in Article 9.1;

9. Content: the approved marketing content for the Quantum Multiverse Affiliate Program, including but not limited to texts, images and banners, that can be downloaded on the Quantum Multiverse Affiliate Program Website;

10. Controller: as defined in the GDPR;

11. Cookie Time: the setting of Quantum Multiverse of the First Party Cookie that determines the period of time the cookie remains active on the computer of the Customer;

12. Customer: any consumer who gains access to the Quantum Multiverse Website via the Affiliate Link;

13. First Party Cookie: a small (text) file that is placed on the computer of the Customer as a result of a visit by the Customer to the Quantum Multiverse Website via the Affiliate Link;

14. GDPR: the General Data Protection Regulation (EU) 2016/679;

15. Last Cookie Counts: the principle that sales are allocated to the last marketing channel through which the Customer has gained access to the Quantum Multiverse Website;

16. Quantum Multiverse: Quantum Multiverse B.V., with its statutory seat in BH ’s-Hertogenbosch, the Netherlands and its registered office at Daviottenweg 40, 5222 BH ’s-Hertogenbosch, The Netherlands, registered in the trade register of the Dutch Chamber of Commerce under number 37121413;

17. Quantum Multiverse Affiliate Program: the affiliate program of Quantum Multiverse;

18. Quantum Multiverse Affiliate Program Website: https://partner.quantummultiverse.world/;

19. Quantum Multiverse Trademarks: trademarks pertaining to the Quantum Multiverse brand and Products, as well as all other distinguishing signs in relation thereto;

20. Personal Data: as defined in the GDPR;

21. Products or events: all products or events offered on the Quantum Multiverse Websites;

22. Quantum Multiverse Website: The Quantum Multiverse Website the Customer is referred to by clicking on your Affiliate Link, for example, https://quantummultiverse.world/, https//joymartina.com, https://roymartina.tv/

Article 2 – Registration and acceptation

1. Any natural person from the age of eighteen (18) or any legal entity that owns an Affiliate Website or Affiliate Social Media Account may register as an Affiliate of the Quantum Multiverse Affiliate Program.

2. The registration as an Affiliate implies acceptance of these terms and conditions and the obligation to comply with these terms and conditions.

3. To be registered as an Affiliate, the Affiliate shall complete the following steps:
a) create an account on the Quantum Multiverse Affiliate Program Website and fill in the application form completely and truthfully;
b) accept these terms and conditions; and
c) be accepted as an Affiliate by Quantum Multiverse.

4. Quantum Multiverse shall inform you by email whether you are accepted as an Affiliate of the Quantum Multiverse Affiliate Program. From the moment you have received this email, you are accepted as an Affiliate of the Quantum Multiverse Affiliate Program by Quantum Multiverse and you are entitled to receive commission.

5. Once accepted to the Program, Affiliate hereby agrees to Quantum Multiverse: (a) sending from time to time to Affiliate emails and other communications regarding the Program, and (b) reviewing and monitoring the Affiliate Site to verify compliance with this Agreement.

6. Quantum Multiverse is entitled to refuse an application at any time without giving any reason. In the event your application has been refused, no commission shall be paid over the period prior to the refusal and thereafter.

7. Quantum Multiverse shall refuse your application in the event the Affiliate Website(s) or the Affiliate Social Media Account(s) you have indicated on the application form during the registration process:
a) is/are sexual, pornographic, offensive and/or violent in nature;
b) is/are in any way contrary to public order and/or morality;
c) discriminate(s) on the basis of race, sex, religion and/or belief;
d) involve(s) a loyalty program or cash back construction;
e) engage(s) in or promotes illegal activities;
f) may harm the name and reputation of Quantum Multiverse;
g) infringe(s) or offer(s) the opportunity to infringe any intellectual property rights, trademark rights or other rights of Quantum Multiverse or any third party;
h) include(s) the name Quantum Multiverse or variations thereof in the domain name or username;
i) does not contain (own) content;
j) is already registered with another account on the Quantum Multiverse Affiliate Program Website. Whether or not one of these refusal grounds is applicable, is exclusively at the discretion of Quantum Multiverse.

8. Your registration and account on the Quantum Multiverse Affiliate Program Website are personal and non-transferable.

Article 3 – Use

1. Quantum Multiverse grants the Affiliate the non-exclusive and non-transferable right to use the Quantum Multiverse Trademarks, Content and Affiliate Link on the Affiliate Website(s) and in posts on the Affiliate Social Media Account(s) during the period in which the Affiliate is an accepted Affiliate of the Quantum Multiverse Affiliate Program in accordance with these terms and conditions and exclusively for the purpose of promoting Quantum Multiverse and the Products or Events in the context of the Quantum Multiverse Affiliate Program.

2. The Affiliate shall immediately adhere to all guidelines of Quantum Multiverse and instructions given by Quantum Multiverse from time to time regarding the use of the Quantum Multiverse Trademarks, Content and Affiliate Link.

3. The Affiliate shall not in any respect make changes to the Quantum Multiverse Trademarks or the Content or use them in a manner that is misleading or that is otherwise harmful to Quantum Multiverse, the Quantum Multiverse Trademarks and the Products or Events.

4. The Affiliate acknowledges that all intellectual property rights of Quantum Multiverse, including but not limited to the Quantum Multiverse Trademarks, the Content and the Products or Events, are and remain the exclusive property of Quantum Multiverse.

5. Without prejudice to the provisions in this Article 3, the Affiliate shall fully respect the intellectual property rights and all other exclusive rights of Quantum Multiverse and third parties.

6. Affiliate shall not use the Quantum Multiverse Trademarks or similar elements in the domain name of the Affiliate Website(s), in the username of the Affiliate Social Media Account(s) or as a keyword for advertising programs, including but not limited to Google Adwords, search engines and other online platforms.

7. Any Affiliate Website or Affiliate Social Media Account shall not in any respect create the impression with the public that it is owned, developed or controlled by Quantum Multiverse or that Quantum Multiverse is responsible for it. The Affiliate shall make it clear that the Products or Events promoted through any Affiliate Website or Affiliate Social Media Account are sold by Quantum Multiverse and not by the Affiliate.

8. The Affiliate shall include in any Affiliate Advertisement in a clear and unambiguous manner that the Affiliate Advertisement is an advertisement for the promotion of Quantum Multiverse and/or the Products or Events and that the Affiliate receives compensation in the event the Customer purchases a Product or Event via the Affiliate Link.

9. The Affiliate shall make clear in any Affiliate Advertisement that by clicking on the Affiliate Link the Customer is referred to the Quantum Multiverse Website.

10. The Affiliate shall ensure that in the event the Affiliate indicates the prices and/or availability of the Products or Events on the Affiliate Website or in an Affiliate Advertisement, this information is at any time in accordance with the prices and availability as indicated on the Quantum Multiverse Website.

11. The Affiliate shall refrain from any action or omission that may cause Quantum Multiverse and/or the Affiliate to act in violation of applicable legislation and regulations.

12. After the Affiliate has been accepted to the Quantum Multiverse Affiliate Program in accordance with Article 2, Affiliate shall not change (the content of) the Affiliate Website(s) or the Affiliate Social Media Account(s) insofar that one of the refusal grounds listed in Article 2.6 is applicable or insofar the Affiliate Website(s) or Affiliate Social Media Account(s) is/are used for a different purpose.

13. The Affiliate Advertisements shall not have such content or shall not be used by the Affiliate in such a manner that they meet the criteria listed in Article 2.6 a) to i).

14. In the event the Quantum Multiverse Website or the Quantum Multiverse Affiliate Program Website is affected in any way – as determined by Quantum Multiverse – by the use of the Affiliate Link or the account of the Affiliate on the Quantum Multiverse Affiliate Program Website, Quantum Multiverse is entitled to deactivate the Affiliate Link and/or the account of the Affiliate.

15. The Affiliate shall not:
a) purchase Products or Events on the Quantum Multiverse Website directly or indirectly through the Affiliate Link;
b) promote Quantum Multiverse or the Products or Events by means of unsolicited electronic communications via email, text message, private message or a similar medium (‘spam’);
c) promote Products or Events if this is not allowed pursuant to applicable legislation and regulations;
d) promote Quantum Multiverse or the Products or Events or use the Quantum Multiverse Trademarks, the Content or the Affiliate Link on other websites or social media accounts or in other electronic media than on the Affiliate Website(s) or Affiliate Social Media Account(s);
e) sell or otherwise transfer the Affiliate Website(s) or Affiliate Social Media Account(s) without notifying Quantum Multiverse;
f) attempt to intercept visits to the Quantum Multiverse Website by Customers in any manner (including by means of software that the Affiliate has installed on his own computer whether unconsciously or not) in order to obtain commission wrongfully;
g) display the Quantum Multiverse Website on the Affiliate Website(s) by means of pop-ups, pop-under, site overlay, iFrame/framing or similar techniques;
h) use advertising programs and/or display networks, including but not limited to Google Adwords, within search engines and other online platforms with the intention to send Customers directly to the Quantum Multiverse Website via the search engine or online platform;

16. At the request of Quantum Multiverse, the Affiliate shall provide Quantum Multiverse insight into his or her activities in relation to the promotion of Quantum Multiverse and the Products or Events.

17. At the request of Quantum Multiverse, the Affiliate shall immediately remove and/or modify (certain) Content. If a third party approaches the Affiliate because of an alleged infringement of his/her rights in relation to the Content, the Affiliate shall immediately remove the Content in question and inform Quantum Multiverse of this immediately by email at [email protected]. Quantum Multiverse does not guarantee the accuracy or lawfulness of the Content.

Article 4 – Commission

1. Quantum Multiverse uses a First Party Cookie that has a Cookie Time of twenty-four (24) hours to monitor the sales of the Products or Events by Customers and other actions of the Customers on the Quantum Multiverse Website.

2. Subject to the Last Cookie Counts principle, the Affiliate is entitled to receive a commission for all Customers who:
i) enter the Quantum Multiverse Website through the Affiliate Link;
ii) accept the use of the First Party Cookie by Quantum Multiverse on the Quantum Multiverse Website within the Cookie Time; and
iii) purchase Quantum Multiverse Products or Events on the Quantum Multiverse Website(s) or perform another action on the Quantum Multiverse Website that falls within the scope of actions as specified by Quantum Multiverse from time to time, within the Cookie Time. In order to be entitled to receive commission for sales of Products or Events by Customers on the Quantum Multiverse Website, also the following conditions must be fulfilled:
iv) The relevant Customers have paid Quantum Multiverse for the relevant Products or Events;
v) the relevant Customers have not returned the relevant Products or Events within the withdrawal period of fourteen (14) days after receipt of these Products or Events; and
vi) the payment for the relevant Products or Events by the Customers to Quantum Multiverse has become irreversible.

3. Please contact Quantum Multiverse’s affiliate manager at [email protected] for the most up-to-date information on Customer actions for which the Affiliate may receive commission and the applicable commission rates.

4. If the Affiliate does not act in accordance with any of these terms and conditions, Quantum Multiverse may withhold payment of the commission during the period of this violation by Affiliate and 14 (fourteen) days thereafter.

5. The data indicated on the Affiliate Dashboard will serve as proof between Affiliate and Quantum Multiverse of the views, clicks, unique clicks, duplicate clicks, click through rate, invalid clicks, conversion / sales, revenue per click, revenue per thousand, revenue, date of conversion / sales, click date, offer name, offer ID, revenue type, conversion IP, session IP, transaction ID, brand, browser, carrier, city, country, device type, user-agent, language, OS version, platform, region, ISP, Currency, sales and other actions of the Customers on the Quantum Multiverse Website and of the received payments through the Quantum Multiverse Affiliate Program.

Article 5 – Payment

1. Payment of the commission by Quantum Multiverse to the Affiliate shall take place every 30 (thirty) days once Quantum Multiverse has received the payment for the relevant Products or Events and the commissions must meet the minimum threshold of €250 before a payout will take place. Quantum Multiverse shall pay the commission to the Affiliate by one of the payment methods specified on the Quantum Multiverse Affiliate Program Website. All payment costs are for the account of the Affiliate.

2. Quantum Multiverse is at all times entitled to set off its payment obligations to the Affiliate against the payment obligations of the Affiliate to Quantum Multiverse.

Article 6 – Termination of the partnership

1. Quantum Multiverse is at all times entitled to terminate the partnership with Affiliate and to deactivate and delete the account of the Affiliate on the Quantum Multiverse Affiliate Program Website by email, but in any case in the event:
i) at the discretion of Quantum Multiverse, the Affiliate is no longer promoting Quantum Multiverse or the Products by using the Affiliate Link; or
ii) the Quantum Multiverse Affiliate Program has been discontinued.

2. The Affiliate is at all times entitled to terminate the partnership with Quantum Multiverse by sending an email to [email protected].

3. In the event the partnership between Quantum Multiverse and the Affiliate is terminated:
a) the Affiliate Link shall be deactivated immediately;
b) Quantum Multiverse is entitled to deactivate and delete the account of the Affiliate on the Quantum Multiverse Affiliate Program Website;
c) without prejudice to Article 6.4, the Affiliate shall not or no longer be entitled to any commission regarding sales of Products or Events or actions of Customers performed on the Quantum Multiverse Website after the termination;
d) the Affiliate shall immediately remove the Content, the Quantum Multiverse Trademarks and the Affiliate Link from any Affiliate Website, Affiliate Social Media Account and Affiliate Advertisement;

4. In the event the partnership between Quantum Multiverse and the Affiliate has been terminated in accordance with this Article 6, the Affiliate shall only be entitled to receive commission in respect to sales of Products of which Quantum Multiverse has received the payment by the Customer before the termination date, subject to the provisions in Article 4.

5. Without prejudice to the provisions in this Article 6, the Affiliate shall be not entitled to claim any compensation or damages from Quantum Multiverse in connection with the termination of the partnership between Quantum Multiverse and the Affiliate and the Affiliate hereby waives any right to any compensation or damages in this respect.

Article 7 – Liability

1. The Affiliate warrants that the Affiliate shall comply with all applicable legislation and regulations and with these terms and conditions.

2. The Affiliate shall indemnify Quantum Multiverse for any liability, damages and costs of any nature whatsoever arising out of or relating to the failure of the Affiliate to comply with applicable legislation and regulations or one or more of the obligations under these terms and conditions.

3. The Affiliate shall be fully responsible and liable for his or her use, the development, the maintenance, the functioning and the content of any Affiliate Website, Affiliate Social Media Account and Affiliate Advertisement. The Affiliate shall indemnify Quantum Multiverse for any liability, damages and costs in this respect.

4. The Affiliate shall be responsible for fulfilling any obligations pursuant to applicable tax law and indemnifies Quantum Multiverse for any liability, damages, claims, costs, fines or post-taxes in this respect.

5. The Affiliate shall not present himself or herself in any way as an agent or representative of Quantum Multiverse and shall not commit to or enter into any obligations for or on behalf of Quantum Multiverse. The Affiliate shall indemnify Quantum Multiverse for any liability, damages and costs of any nature resulting from the non-compliance by the Affiliate with this Article 7.5.

6. Except in the case of wilful misconduct or gross negligence of Quantum Multiverse, Quantum Multiverse shall not be liable in any manner for any damage and/or costs of any nature in relation to the participation in the Quantum Multiverse Affiliate Program by the Affiliate, including but not limited to damage and costs resulting from the malfunctioning of the Quantum Multiverse Website or the Quantum Multiverse Affiliate Program Website and other technical malfunctions. In the event that this exclusion of liability is declared invalid by a competent court, the liability of Quantum Multiverse shall not exceed the amount of commissions that Quantum Multiverse has paid to the Affiliate during the three (3) months prior to the event that caused the damage and/or the costs.

Article 8 – Data Protection

1. Quantum Multiverse is the Controller of the Personal Data collected through the placement of the First Party Cookie by Quantum Multiverse via the Quantum Multiverse Website and is solely responsible for such Personal Data. The Affiliate is the Controller of any Personal Data collected through any Affiliate Website or Affiliate Social Media Account and is solely responsible for the processing of such Personal Data. Quantum Multiverse shall not be the Controller of such Personal Data and shall not be responsible for the processing of such Personal Data in any respect.

2. Affiliate shall comply with all applicable privacy and telecommunication legislation and regulations in the context of its activities under the Quantum Multiverse Affiliate Program, including but not limited to the GDPR, the General Data Protection Regulation (Implementation) Act (Uitvoeringswet Algemene verordening gegevensbescherming) and the Telecommunications Act (Telecommunicatiewet). Affiliate shall indemnify Quantum Multiverse for any liability, damages, fines and costs of any nature arising out of or relating to the failure of the Affiliate to comply with such legislation and regulations.

3. Upon deactivation of the Services, all Personal Data shall be deleted, save that this requirement shall not apply to the extent Quantum Multiverse is required by applicable law to retain some or all of the Personal Data, or to Personal Data it has archived on backup systems, which such Personal Data Quantum Multiverse shall securely isolate and protect from any further processing, except to the extent required by applicable law.

Article 9 – Confidentiality

1. Affiliate shall maintain strict confidentiality during and after the partnership between Affiliate and Quantum Multiverse with regard to any information Quantum Multiverse provides in the context of the Quantum Multiverse Affiliate Program to Affiliate. This information includes, but is not limited to, information regarding promotional campaigns, customers, prices, and sales of Quantum Multiverse (“Confidential Information”).

2. The Affiliate shall use the Confidential Information exclusively for the purpose for which it is provided by Quantum Multiverse and Affiliate shall not in any way
(i) commercialise or exploit the Confidential Information or
(ii) sell or disclose the Confidential Information (in whole or in part) to third parties.

3. The Affiliate shall take all reasonable steps to guarantee the secure storage and use of the Confidential Information.

4. Affiliate shall limit access to the Confidential Information to employees who reasonably require access to the Confidential Information for the purpose of the Quantum Multiverse Affiliate Program.

5. Affiliate shall upon Quantum Multiverse’s written request, promptly return the Confidential Information, including all copies of and materials incorporating Confidential Information.

6. Affiliate shall indemnify Quantum Multiverse for any liability, damages and costs arising in connection with the use and/or disclosure of the Confidential Information in breach of these terms and conditions by Affiliate or any third party to whom Affiliate has made the Confidential Information available. Affiliate’s indemnification obligations shall survive the termination of the partnership between Affiliate and Quantum Multiverse.

Article 10 – Miscellaneous

1. Quantum Multiverse is entitled to amend these terms and conditions at any time. Quantum Multiverse shall inform the Affiliate of this by email. If the Affiliate does not terminate the partnership under the amended terms and conditions within fourteen (14) days after receipt of this email, the Affiliate shall be deemed to have accepted the amended terms and conditions.

2. The invalidity or unenforceability of any provision of these terms and conditions shall not affect the validity or enforceability of any other provision of these terms and conditions. Any such invalid or unenforceable provision shall be replaced or be deemed to be replaced by a provision that is considered to be valid and enforceable. The interpretation of the replacing provision shall be as close as possible to the intent of the invalid or unenforceable provision.

3. These terms and conditions are governed by the laws of the Netherlands.

4. The competent court in Amsterdam, the Netherlands shall have jurisdiction to settle any dispute in connection with these terms and conditions without prejudice to the right of appeal and that of appeal to the Supreme Court

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