Dokteronline.com - Affiliate Conditions


§ 1 Principles
§ 2 Affiliates
§ 3 Object of the Agreement
§ 4 Confidentiality
§ 5 Compensation
§ 6 Warranty and Liability
§ 7 Use of Information and Data
§ 8 Length of Contract / Termination
§ 9 Miscellaneous


§ 1 Principles
1. Dokteronline.com (hereinafter "Provider") owns and operates the website www.Dokteronline.com (the “Website”), an eHealth information website, and provides a service to link to the Website (hereinafter "Affiliate"). Provider may refer visitors to pharmacies that offer medicines (hereinafter "Merchants").
2. Affiliates will be provided with marketing material such as banners and links to make available on their own websites. Affiliates are only allowed to market the Website and not specific products and/or services offered by Provider and/or Merchants.

§ 2 Affiliates
1. Affiliates are natural and legal persons who use advertising means (banners, links etc.) on their own advertising channels (such as, but not limited to, websites).
2. Affiliates may register to join the affiliate-system and Provider may or may not approve this.
3. In relation to visitors of the Website via the advertising space of an affiliate that enter into a (direct) sale and purchase agreement with a Merchant, the Affiliate may be compensated.

§ 3 Object of the Agreement
1. This agreement regulates the exclusive terms of use of affiliate services for both Affiliates and Provider.
2. It is prohibited to:
- bid in search engines on the Dokteronline brand terms;
- bid on hybrid brand + generic terms, such as but not limited to “Online Dokter” or “Online Doctor”;
- bid on misspellings and variations of the Dokteronline brand terms, such as but not limited to “Dokter Online” or “Doctor Online”;
- use the Dokteronline brand name in the url – exceptions are: the use of the Dokteronline brand name in the sub domain or directory url;
- use misspellings and variations of the Dokteronline brand name in the url;
- duplicate content from the Website, which includes the use of iframes;
- use SPAM to promote Provider;
- link or otherwise refer to, or market, specific medicines; and
- influence people in any way with the purpose to promote prescription, dispensing or use of medicines or to instruct to that effect.
3. In the case that Provider is exposed to claims by third parties arising from aforementioned content, the Affiliate responsible indemnifies Provider from such claims.
4. Any attempt to manipulate the affiliate-system in any manner, or not following the rules as stated in this Affiliate Conditions, shall result in the automatic exclusion of the Affiliate responsible, whereby all claims to acquired credit are forfeited.

§ 4 Confidentiality
1. The parties agree that during the term and at all times after the termination of this agreement for whatever reason, they will treat as confidential and maintain in confidence all information relating to (the performance of) this agreement, including, but not limited to, Provider's and/or Merchant’s arrangements with customers, technical data relating to Provider's services, contact details, marketing by Provider, photographs and designs, product information and specification and/or software used.
2. The Affiliate will not, without the prior written approval of Provider, disclose any such information at any time to any person, corporation, association or other entity except authorized personnel of Provider or a subsidiary of Provider.
3. If a party is required to disclose any part of this agreement under applicable law or by governmental authority, the disclosing party shall give immediate written notice to the other party of the need to disclose, prior to such disclosure.

§ 5 Compensation
1. Provider pays Affiliates a performance-related commission at their own discretion when and if a Merchant has successfully closed a transaction.
2. For this purpose, Provider sets up the technical connection (affiliate dashboard) between the Affiliates and the Provider on which the aforementioned transactions are recorded and registered, therefore becoming traceable for both the Provider and the Affiliates.
3. Affiliates receive a performance-based compensation from Provider. The amount of the performance-related compensation, is available online at all times to the Affiliates.
4. The claim of the Affiliates to performance-related compensation from Provider occurs under the following prerequisites:
- a Merchant has closed a successful transaction based on the link provided by the Affiliate to Provider;
- the completed transaction has been successfully recorded by Provider;
- the end customer accepts delivery of the goods at the specified delivery location, makes the complete payment and the cancellation deadline has expired; and
- the Merchant has confirmed the successful close of the transaction to Provider.
5. The payment is processed monthly and based on the discretion of Provider and transferred by bank transfer or via Paypal.
6. Credit starting at €100.00 will be paid automatically on or about the 5th of the following month. Credit below €100.00 will not be paid and will remain in the affiliate dashboard, until the credit has reached an amount of €100.00 or more. Credit balances in affiliate dashboards will not bear interest. The affiliate declares his/her consent to the crediting procedure.
7. Provider will deduct a payment fee of €10.00 if the credit to be paid is less than €100.00 (credit below €100.00 will only be paid in the case of termination (see below), or special request) and/or the actual costs of (international) (bank) transfer.

§ 6 Warranty and Liability
1. Provider warrants that to enter into this agreement it does not and will not conflict with or violates any law, judgment, order or decree binding on Provider or any agreement to which Provider is a party, the breach of which could have a material adverse effect on Provider’s ability to consummate the transactions contemplated thereby.
2. The Affiliate warrants that:
a. it has full power and authority to enter into this agreement, to perform its obligations there under and to consummate the transactions contemplated thereby;
b. to enter into this Agreement does not and will not conflict with or violates any law, judgment, order or decree binding on the Affiliate or any agreement to which the Affiliate is a party, the breach of which could have a material adverse effect on the Affiliate’s ability to consummate the transactions contemplated thereby;
c. it complies with all relevant regulations and in particular to the marketing rules for medicines in its jurisdiction; and
d. it has approved these Affiliate Conditions (as amended from time to time) at the date of this agreement.
3. Provider accepts no responsibility for:
- the validity of the information and declarations supplied by the Affiliates;
- the ability of the Affiliates to meet their financial obligations;
- the quality and usability of the goods and services of the Merchants;
- the suitability of a product/service for a particular purpose; and
- ensuring that these services do not infringe on the rights of third parties.
4. Provider is not liable for losses that arise from the invalidity of information provided by Affiliates.
5. Provider is not responsible for the content of third party websites, where reference is made to Provider, in either a direct or indirect manner. In addition, Provider is not responsible for any losses connected with the malfunction of software or hardware, losses which occur due to lack of availability or technical problems on the internet.
6. Liability for damages or lost profits are also excluded. The extent of Provider's liability for damages is limited to the average monthly performance-related compensation, as set forth by this agreement.

§ 7 Use of Information and Data
1. All content, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations and software is the property of Provider or its content suppliers and protected by international copyright laws. The content, including codes and software, or any portion of it may not be modified, reproduced, republished, duplicated, copied, sold, resold, visited, uploaded, posted, transmitted, publicly displayed, prepare derivative works based on it or otherwise exploited for any commercial purpose without the expressed written consent of Provider.
2. Any content you download or print may not be altered in any way and must contain all copyright and proprietary rights notices that were contained in such content. Any framing of the Website is prohibited. Any unauthorized or unapproved use of any of the content constitutes copyright infringement and subjects you to all civil and criminal penalties provided for under domestic and international copyright laws.
3. The advertising media provided by Provider is not permitted to be changed on the advertising space of the respective affiliate with respect to design, context or technical content or otherwise worked on or passed on to third parties, without the prior agreement of Provider.
4. With regard to the data of the Affiliates, Provider has the right to collect, process and store this information, in addition to using it for its own purposes. Provider will hereby adhere to the relevant provisions of the Protection of Data Privacy Act. The use of Affiliates' data by Provider for market research purposes shall only occur with the prior consent of the Affiliates.

§ 8 Length of Contract / Termination
1. This agreement is valid for an indefinite period of time.
2. The Affiliates and Provider can terminate this agreement at any time, without giving a period of notice. This can be done by e-mail or by means of letter. Up until the termination of this agreement, the compensation shall still be paid by Provider and respective transactions shall be processed.
3. Existing credit owed to the Affiliates will be paid upon termination of the contract.

§ 9 Miscellaneous
1. This agreement is subject to the laws of Curacao, provided they do not oppose mandatory international agreements or mandatory national law. The place of jurisdiction of disputes, according to this agreement, will be Willemstad, Curacao.
2. Upon registration, Affiliates agree to the binding terms of the Affiliates Conditions of Provider, laid down in the most recent version of the Affiliates Conditions. With regard to changes in the terms of Affiliates Conditions, current Affiliates will be notified in their Affiliate dashboard. Should the Affiliate not object to the changed terms within one month of receipt of the notification of change, these changed terms will take effect according to the notification. The terms and conditions of the Affiliates are herewith rejected.
3. Should individual provisions of this agreement become completely or partially invalid or should lose their enforceability, the validity of the remaining agreement will not effected. The invalid provision is to be replaced by the parties with a valid provision, which is to be commensurate to the economic purpose of the invalid provision. This also applies to any contractual loopholes.
4. Nothing in this Agreement and no action taken by the parties under this Agreement shall constitute a partnership, association, joint venture or other cooperative entity between any of the parties.


Version: 1-02-2017