Plusservice Terms and Conditions

Welcome to https://www.plusservicepartners.com (the “Website”), which is owned and operated by Plusservice ApS (“Plusservice”). The present agreement (the “Agreement”) are the terms of service that govern the relationship between Plusservice, the advertisers (“Advertisers”), and publishers (“Publishers”), collectively referred to as “Users”.

1. GENERAL TERMS

1.1 This Agreement replaces and cancels all previous Agreements and understanding between the parties in connection with the subject matters of this Agreement, and supersedes and cancels all prior communications, understanding and Agreements between the parties in connection with such subject matters, whether written or oral, express or implied. No variation shall be made unless agreed in writing and signed by both Parties.

1.2 Plusservice operates, maintains and manages an online affiliate network ("Plusservice Network", “Network”, Programme”, “Affiliate Program") enabling advertisers (“Advertisers”) to promote their goods and services, in particular using the method of affiliate marketing as well as CPM/branding campaigns.

1.3 The participants in the Plusservice ApS Partners Network and parties to this Agreement are Advertisers, Publisher(s) and Plusservice. Advertisers are those users, whether individuals or legal entities, who market or advertise their goods and services via the Plusservice Network by means of advertiser programs (“Advertiser Program”) using Ad Media. Publishers are those users, whether individuals or legal entities, who promote the Advertiser’s merchandise by providing Advertising Space to Advertisers for the purpose of marketing the goods and services offered by the Advertisers. “Merchandise” means all products, merchandise and services that are offered for sale by the Advertiser through their website.

1.4 The means of marketing and advertising goods and services are banners, product data, text-links, e-mails and videos or through search engine marketing (“Ad Media”). The Publishers incorporate or embed the Ad Media into their website(s) or e-mail ("Advertising Space"). For any advertising leading to a successful transaction, the Publisher receives commission in a previously specified amount directly from the Advertiser.

2. RIGHTS OF USE

2.1 The information and the data obtained in the course of participation in the Plusservice Network and activities as a User may be used exclusively with relation to the Plusservice Network and performing relevant activities within. Forwarding such information or data to third parties and/or using it for any other purposes not specified in this Agreement is strictly forbidden.

2.2 Plusservice hereby grants to Publisher for the term of this Agreement a revocable, non-exclusive, non-transferable, limited licence to use the Plusservice Network applications as well as the data contained therein, as long as the use is in accordance with legal provisions in place and is solely designated to the performance of functions under the Plusservice Network, which, along with its applications, is protected under copyright law and other statutory provisions.

2.3 Advertiser’s Ad Media are protected under copyright and trademark law and other statutory provisions. Publisher’s right to use Ad Media is time-limited, revocable, non-exclusive, non-transferable and shall in no event survive the term of this Agreement, further subject to Sections 15, 16 and 17.

2.4 The utilization of the Plusservice Network and its applications requires the use of special technical systems such as, but not limited to, end user devices, software programs, transmission networks, communication channels, telecommunications services and other services provided by third parties (“Third Party Services”). Third Party Services might impose further costs on the User and it is sole obligation of the User to furnish themselves in any required Third Party Services as these at no point of time will be provided by Plusservice which shall not assume any liability or costs with regard to such services.

2.5 Publisher will not be granted any further rights of use, particularly but with no limitation to transmission of the applications or the data contained therein to third parties, allowing third parties to access such applications or data, modification or otherwise processing of such applications or data, its incorporation into another work, or its use in order to create data bases and/or information services of their own.

3. AFFILIATE NETWORK REGISTRATION

3.1 In order to join and participate in the Plusservice Network, Publisher must register on https://www.plusservicepartners.com and accept these terms and conditions. By so doing the Publisher understands that the Publisher submits an offer to conclude an agreement for joining and participating in the Plusservice Network.

3.2 The registration with and the participation in the Plusservice Network is free of charge.

3.3 If, subject to section 4, registration of the Publisher is successful, Publisher will be provided with an overview of the Advertisers' Programs that are, at the given time, open for participation via the interface for registered publishers ("Interface"). Publisher can also review and modify their business and personal details, review statistics and account statements via the Interface.

4. APPROVAL OR REJECTION OF AFFILIATE NETWORK REGISTRATION APPLICATION

4.1 Plusservice reserves the right to approve or reject any affiliate network application for registration in its sole and absolute discretion without any obligation to state the rationale of such decision. The Publisher will have no legal recourse against the Advertiser or Plusservice for the rejection of the registration application.

4.2 Should Plusservice accept the offer, they will inform the Publisher about the acceptance as well as about the successful registration via e-mail.

4.3 Without limitation of the right of rejection of any application for any reason whatsoever in the Plusservice’s absolute discretion, the Publisher’s application will be rejected if it is not complete, if the Publisher’s website contains content which is not acceptable to Advertiser or is inconsistent with the image that the Advertiser wants to create with relation to their website, or if the Publisher’s website contains any illegal, immoral, repulsive, defamatory, derogatory, harassing, harmful, threatening, obscene, vulgar, pornographic, racial or ethnic objectionable materials, depicts sexual situations, promotes discrimination on the basis of race, sex, sexual preference, national origin, ethnicity, nationality, disability, religious preference, or if the Publisher’s website contains any material that appears to Advertiser to violate any patent, trademark, copyright, trade secret, confidential information, or other property rights of the Advertiser or any other third party.

4.4 Even after Plusservice has accepted the Publisher’s application for registration, Plusservice reserves the absolute right to rescind or terminate the Publisher’s membership for any reason in its sole and absolute discretion, including but without limitation to the reasons set forth above.

5. ADVERTISER PROGRAMS

5.1 Publisher participating in the Affiliate Program(s) incorporates Advertiser's Ad Media into Publisher’s Advertising Space. Whenever third parties, such as, but not limited to end-consumers, click on the Ad Media and this subsequently results in a commercial transaction, such as but not limited to, purchase of goods, request for services, clicking and viewing AdMedia, subscribing to a platform or a newsletter, registering on a website of the Advertiser, or any combination of the aforementioned, the Publisher shall be entitled to compensation in form of a commission, subject to Section 12 for providing the Advertising Space connecting the end-consumer to the Advertiser. The commercial transaction and the calculation of commission relating thereto are specified under each individual Advertiser Program.

5.2 Plusservice scans and records the commercial transactions completed by means of Plusservice’ unique tracking pixel (“Tracking”), which shall constitute the only tool to determine whether or not a successful commercial transaction has been concluded and the calculation of commission. Plusservice provides the Publisher with tracking and commission information on the Publisher’s account with Plusservice (“Publisher Account”), which is accessible through the Plusservice Interface.

5.3 Publisher can control its advertising activities, such as select Ad Media and incorporate and/or embed them into Publisher’s Advertising Space through the Plusservice Interface. In the course of retrieving Ad Media from an individual Advertiser Program, Publisher hereby accepts any additional terms and conditions for incorporating and/or embedding the Ad Media into Publisher’s Advertising Space. These additional conditions shall become an integral part of these Terms and Conditions.

5.4 The Publisher’s Advertising Space shall be subject to review by Plusservice in terms of compliance with this Agreement and the additional conditions of an individual Advertiser Program.

5.5 The applications are available through the Plusservice Interface and Plusservice will use reasonable commercial efforts to ensure that the available applications are updated, complete and error-free.

5.6 Plusservice is not, at any point of time, obliged to review the Ad Media provided by the Advertisers. Due to maintenance or other improvements certain functions may be temporarily unavailable. In case of interruption or failure with a major impact on the functionability of the Service, Plusservice shall remedy them to the extent this is reasonably feasible.

5.7 During the term of this Agreement, Publisher may not enter into contractual negotiations of any kind whatsoever with Advertisers, whether directly or indirectly, concerning a specific Advertiser Program that the Advertisers run exclusively in the Plusservice Network and that cover the subject matter of these Terms and Conditions.

6. DEVELOPMENT AND MODIFICATIONS

Plusservice intends to constantly develop and improve the Plusservice Network. In the course of such development, Plusservice may enhance, expand or modify individual applications, which might result in discontinuing functionalities or other features of the Service, as far as the changes do not amount to major modifications of Plusservice’ contractual duties as set forth in these Terms and Conditions. Plusservice may alter services, in particular if such alteration is customary in the industry or if changes are required by law.

7. FINANCIAL RESPONSIBILITIES

The Publisher shall be fully responsible for all costs and expenses of maintaining and marketing the Affiliate Program, including but not limited to all costs associated with the creations, hosting, modification and improvements to the Publisher’s website, costs of search engine placement and other Internet marketing costs, postage costs, and all other costs and expenses, and the Publisher hereby holds the Advertiser harmless from or against the same.

8. UNDERTAKINGS OF THE PUBLISHER

8.1 Publisher hereby undertakes to place links on its site directing users to the Advertiser’s site. The Advertiser will make available to the Publisher buttons, links, text links, and banner advertisements to be placed on the Publisher’s website which will direct users to Advertiser’s website via hyperlink text. As an affiliate, the Publisher is given a limited term licence during the term of the Publisher active participation as an affiliate, to use the Advertiser’s logo images provided to the Publisher, on the website or part of the website designated to promoting the goods or services of the Advertiser.

8.2 Publisher shall be solely responsible for their username and password (“Login Details”). Publisher undertakes to keep their Login Details confidential and not to make them available to third parties. Third parties shall not be able to access or use the Login Details. Publisher who reasonably believes that any third party has access to their Login Details must immediately inform Plusservice in writing via our contact form located here: https://www.plusservicepartners.com/contact.

8.3 Publisher hereby undertakes to to respect and comply with the prohibition against unsolicited commercial email or advertisement, whether direct, third-party of any affiliate or similar agent acting on the Publisher’s behalf. As such, the Advertiser reserves the right to request Plusservice to terminate any violating Publisher’s account or ay party thereof, without notice or compensation. This provision will not be applicable should the Publisher obtain the Advertiser’s consent stating otherwise.

8.4 Publisher hereby undertakes to submit to Plusservice all tax and duties numbers as required by law by any relevant jurisdiction. Under certain circumstances Plusservice may require that Publisher obtains a specific tax or duty number.

8.5 Publisher hereby undertakes not to use any keywords containing legally protected terms such as, in particular, trademarks of the Advertiser or of the Advertiser's competitors ("Brand Bidding"), unless Publisher obtained an express consent to do otherwise.

8.6 Publisher hereby undertakes to refrain from invading attacks of any kind whatsoever on the Plusservice Network (“Technical Intrusion”). Technical Intrusion might include, with no limitation to, attempts made to defeat or bypass the security measures of the Plusservice Network or to otherwise disable them, using computer programs enabling automatic data readouts, using and/or circulating viruses, worms, Trojans, brute force attacks, spam or using other links, programs or procedures that are suited to damage the Plusservice Network or individual publishers within.

8.7 Publisher hereby undertakes not modify the Ad Media and their source codes, neither visually nor technically or with regard to their content. Publisher also refrains from processing the Ad Media and their source codes in any other way than provided under the Advertiser Program, unless express written consent is obtained from Plusservice or Advertiser. Upon Plusservice’s demand Publisher shall immediately remove any Ad Media that might be infringing provisions of this Agreement or any other rights.

9. WARRANTIES OF THE PUBLISHER

9.1 By registering with Plusservice, Publisher warrants that all the data provided at registration is correct, updated and complete. In case of any data alteration, Publisher shall change the data as soon as possible.

9.2 Publisher hereby represents and warrants that they have complete authorisation to use and/or hold all ownership rights to the Advertising Space, and consequently, that the Advertising Space is free of any third party rights whatsoever, except where Publisher has been authorised in writing by Plusservice with regard to sub-publishers use.

9.3 By restoring Ad Media from the Program and incorporating and/or embedding the Ad Media into the Advertising Space, Publisher warrants that the Advertising Space and Publisher’s advertising activities: (a) are not libellous or maliciously false; (b) are not obscene or indecent; (c) do not infringe any copyright, moral right, database right, trade mark right, design right, or other intellectual property right; (d) do not infringe any right of confidence, right of privacy, or right under data protection legislation; (e) do not constitute an incitement to commit a crime; (f) are not in breach of racial or religious hatred or discrimination legislation; (g) are not in breach of official secrets legislation; (h) are not in breach of any contractual obligation owed to any person; (i) do not depict violence in an explicit, graphic or gratuitous manner; (j) are not pornographic or sexually explicit (in respect of pornographic websites, Plusservice may waive the warranty upon request); (k) are in compliance with all applicable laws, whether domestic or foreign, including but not limited to, laws regarding the processing of personal information, marketing, consumer protection, competition, and the use of intellectual property rights; (l) do not encourage social upheaval, revolution or endanger any democratic constitution (m) do not contain IT viruses of any sort or in any other way do not disturb the operation of the Plusservice Network including, but not limited to, Plusservice’ website and IT-system.

10. SUB-PUBLISHERS

Sub-publishers are not accepted by Plusservice unless Plusservice provides its express authorisation in writing, on the case-by-case basis and always having the sub-publisher accepting these Terms and Conditions as a condition precedent. Publisher shall (a) communicate the Terms and Conditions to their sub-publishers; (b) obtain the sub-publishers’ acceptance of the Terms and Conditions; (c) forward the acceptance to Plusservice on demand; (d) monitor and enforce sub-publishers compliance with the Terms and Conditions (e) be liable for the conduct, actions and omissions, of its sub-publishers.

11. ANTI-FRAUD POLICY

11.1 Any form of misuse or fraudulent conduct, particularly seeking to obtain Commission by procuring commercial transactions by Publisher himself or through a third person using the Ad Media, tracking links and/or other technical aids provided to them in the Plusservice Network such as, but without limitation to: (a) fraudulently dissimulating commercial transactions, such as entering third party data without authorisation, providing false or non-existent data upon order placement or online registration, signing up for newsletters; (b) using Ad Media that allows for Tracking even though the Ad Media is not displayed, invisible or not reflecting Advertiser’s specifications; (c) Brand-Bidding; (d) deploying Advertiser’s Ad Media on a cash back/incentive Advertising Space; shall be prohibited.

11.2 In the event of Publisher fraudulent conduct, such conduct shall result in all transactions in the Publisher’s account being reversed, Publisher estopped from entitlement to any Commission and the account along with the use of Ad Media being blocked (“Account Suspension”). Should the Publisher object, they can express so by communicating such objection, within 7 calendar days as per date of the Account Suspension via letter, e-mail or fax and evidencing the use that is deemed to be a misuse or fraudulent conduct by Plusservice and forms grounds of the Account Suspension, has been conducted in accordance with this Agreement.

11.3 If the Publisher is unsuccessful, Plusservice will terminate the Publisher’s activity and remove the account. In such case the Account will be wound up as set forth below in this Agreement.

11.4 Publisher hereby undertakes to pay liquidated damages, in the maximum amount of the current account balance at the time of Account Suspension or DKK 50,000, whatever is more, for any intentional or negligent violation of this Agreement. Plusservice reserves the right to claim actual damages additionally to any liquidated damages. If the Agreement has been terminated by Plusservice for fraudulent activity in accordance with the above the liquidated damages will be deducted from the Publisher Account.

11.5 The aforementioned shall not exclude Plusservice from terminating this Agreement with immediate effect under Sections 12 and 13.

12. QUALIFIED LEADS

12.1 We will pay the Publisher for each Qualified Lead (the “Commission”). A “Qualified Lead” means an individual person who (i) is not a computer generated user, such as a robot, spider, computer script or other automated, artificial, illegal, misleading or fraudulent method to appear like an individual, real live person, (ii) is not using pre-populated fields (iii) is not using a credit card issued from a different country than the country the campaign is intended for (iv) is not later determined by the Advertiser to be fraudulent, incomplete, unqualified or a duplicate.

12.2 We monitor lead quality continuously and will notify the Publisher if we have cause for concern regarding the volume, source and quality.

13. ILLEGAL TRAFFIC

13.1 Incent traffic

Forcing or awarding customers to sign up to our offers is strictly forbidden.

13.2 How to claim a prize guides

Guiding customers to signup and unsubscribe to claim a free item is not allowed.

13.3 Phishing & misleading customers

Cloning/copying known brands, for example real newspapers, to make fake articles etc. is not allowed.

13.4 Acting on behalf of our brands (using our brand names)

The use or mention of our brand names are never allowed.

13.5 Unapproved pre-landers

Scandinavian pre-landers must be approved before live traffic. French pre-landers must be presented upon request.

13.6 Cross border traffic/fraud

Cross border traffic is never allowed, as we are unable to deliver sweepstake prizes. For example Canadian traffic to a French concept.

13.7 Prepaid credit card fraud

Publishers generating false leads using prepaid credit cards or similar will be banned.

14. VALIDATING

14.1 We reserve the right to evaluate lead quality based on a range of factors. Most important being fraudulent/illegal traffic (13).

14.2 Based on conversion rates, unsubscribe rates and withdrawal rates, we will take weekly measures to detect invalid leads.

14.3 Due to professional Publishers & real time monitoring, unqualified lead scrubbing rarely appears, thus making the overall percentage 1-3%. However, special cases may occur.

15. COMPENSATION

15.1 Commission shall be paid to the Publisher based upon the Publisher’s performance (“Commission”) and Plusservice makes no representations or warranties and expressly disclaims all liability concerning any potential income consequential from participation in an Affiliate Program and any earning potential of any Publisher.

15.2 Plusservice will set up a Publisher Account where Publisher’s Commission will be registered. No interest is payable on any credit balance in the Publisher Account.

15.3 Commission shall be paid to the Publisher directly by the Advertisers and the amount of the Commission and the kind of commercial transaction entitling to the payment of Commission shall be dependent on the respective Advertiser's Program.

15.4 Unless the conditions of the Advertiser’s Program are altered, the Publisher shall only be entitled to compensation in form of Commission if and only if: (a) the commercial transaction between Publisher and Advertiser has been concluded via the Advertising Space and tracked by Plusservice tracking system and; (b) there has been no fraudulent conduct or misuse as set forth in section 11 of this Agreement.

15.5 Commission will be paid on a monthly basis, no later than 30 days after when payment has been requested by Publisher, into the specified by the Publisher bank account which must satisfy the IBAN/BIC System requirements.

15.6 Notwithstanding the above, Commission shall not be paid any respective month that the minimum commission requirements are not met (“Minimum Commission”). Minimum Commission is any commission from a single Advertiser that amounts to at least DKK 1000 (~EUR 150). In any case of the Commission constituting an amount lower than the Minimum Commission, the Publisher will not be able to request a payment.

15.7 Plusservice shall not be responsible or held liable for any unpaid Commission, even when Plusservice receives its part of the Commission by the Advertiser, in any event of the Advertiser being unable to pay such Commission to the Publisher due to, but with no limitation to bankruptcy proceedings, composition scheme with creditors, suspension of payments or any other financial situation of the Advertiser making them incapable of paying Commission.

16. TRADEMARKS AND COPYRIGHTS

16.1 The Publisher will have a non-exclusive, limited term license to use trademarks, logos and copyrighted material (“Material”) that the Advertiser provided to the Publisher for use solely on the home page that the Publisher designates in the Affiliate Program Application. The Publisher may only use the Material that the Advertiser specifically makes available for the sole use of the promoting the website, services and/or goods of the Advertisers in the designated area.

16.2 The Publisher shall not distribute, reproduce, modify, or otherwise amend the Material trademarks, in any way.

16.3 The Publisher is not permitted to use any other proprietary materials, including without limitation to trademarks, copyrights, logos, texts, and any other materials belonging to Advertiser, Plusservice or any other party and which may appear on Plusservice or Advertiser’s website.

17. TERM

17.1 The effectiveness of this Agreement shall not commence until the Affiliate Program Application is accepted by the Advertiser and Plusservice.

17.2 This Agreement is concluded for an indefinite term and shall remain in full force and effect until terminated by the Publisher, Advertiser or Plusservice, as set forth in Section 17.

17.3 Either party may terminate this Agreement at any time, with or without cause, by giving the other party written notice of termination in compliance with this Agreement. Notices sent hereunder shall be via e-mail, letter or fax and shall be deemed to have immediate effect.

18. TERMINATION

18.1 If a Publisher Account has been inactive for a period of 12 months this Agreement will be terminated at the end of the 12-month period.

18.2 Any commercial transaction that was entered into and concluded via the Advertising Space at the time of termination will be processed in accordance with Section 12 subsequently to the receipt of the termination notice. After termination of this Agreement any remaining credit balance will be paid to the Publisher against a processing fee of EUR 50.00. If, at the time of termination, the credit balance amounts to EUR 1000.00 or less, no funds shall be paid out to the Publisher.

18.3 If upon termination the bank account details entered by the Publisher are incorrect and not modified by the Publisher resulting in correct bank account data within 14 days of Plusservice's request of such modification, Plusservice shall be entitled to retain the credit balance remaining on Publisher’s Account in full with no obligation to pay out to the Publisher at any later date.

18.4 Once participation in the Plusservice Network and the Publisher’s activity have been terminated, the data record provided at registration and stored by Plusservice will be erased in full upon expiry of the statutory obligation to keep data in safe custody.

18.6 In an event of the Advertising Space listed by Publisher during the registration not corresponding to the Advertising Space available de facto, or otherwise not complying with the provisions set forth in this Agreement, (including the conditions of an individual Advertiser Program), Plusservice may, at its own discretion and without obligation to cite any reason, block the Publisher’s Account with immediate effect or terminate this Agreement.

19. DATA PROTECTION

19.1 Protecting your personal data is very important to Plusservice – nevertheless, collecting, processing and using such data is essential in order to operate the Plusservice Network. Plusservice will collect, process and use personal data in accordance with the Plusservice Privacy Policy, this Agreement and any applicable statutory provisions governing the protection of data.

20. INDEMNIFICATION

20.1 In the event of Publisher’s breach of this Agreement, Plusservice reserves the right to take legal action against Publisher in addition to terminating this Agreement.

20.2 In the event of Publisher and/or its sub-publisher(s) breach of this Agreement and if third parties hold Plusservice liable for such breach, then Publisher shall indemnify and hold Plusservice harmless against all costs and expenses including, but not limited to attorney fees, compensation of direct and consequential damages Plusservice incurs as a result of the breach.

21. LIABILITY AND LIMITATION OF LIABILITY

21.1 PLUSSERVICE HEREBY DISCLAIMS ANY AND ALL WARRANTIES AND LIABILITY RELATED TO ANY DOWNTIME OR FAILURE FOR USERS TO BE ABLE TO ACCESS THE PLUSSERVICE WEBSITE. FURTHERMORE, PLUSSERVICE SHALL NOT BE RESPONSIBLE FOR AND HEREBY DISCLAIMS ANY AND ALL WARRANTIES RELATED TO ITS WEBSITE, THE AFFILIATE PROGRAM, THE PUBLISHER’S PARTICIPATION IN THE AFFILIATE PROGRAM, THE PUBLISHER’S ABILITY TO MAKE ANY COMMISSIONS OR OTHERWISE, WHETHER FINANCIALLY OR IN ANY OTHER WAY, PROFIT OR BENEFIT THROUGH THE PARTICIPATION IN THIS AFFILIATE PROGRAM, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF FITNESS FOR ANY PARTICULAR PURPOSE OR MERCHANTIBILITY, NON-INFRINGMENT, OR ANY CLAIM MADE BASED UPON THE OWNER’S COURSE OF DEALIN OR USAGE OF TRADE. PLUSSERVICE DOES NOT REPRESENT OR WARRANT THAT ITS WEBSITE OR ANY APPLICATION, INCLUDING BUT NOT LIMITED TO ITS LINK TRACKING FEATURES, WILL BE ERROR FREE OR THAT THEY WILL FUNCTION WITHOUT INTERRUPTION. PLUSSERVICE DISCLAIMS ALL LIABILITY FOR THE CONTENT OF THIRD-PARTY WEBSITES AND SHALL NOT BE LIABLE FOR ANY DAMAGES OR ANY OTHER FAILURES THAT MIGHT ARISE FROM ANY DEFECTS OF PUBLISHER’S OR ADVERTISER’S SOFTWARE OR HARDWARE OR THEIR INCOMPATIBILITY WITH THE NETWORK OR IT SYSTEM. PLUSSERVICE SHALL NOT BE HELD LIABLE FOR ANY VIRUSES, WORMS, TROJAN HORSES, BACKDOORS, TIME BOMBS OR ANY SIMILAR MALWARE DESIGNED TO CAUSE NEGATIVE IMPACT ON THE USER’S WEBSITE OR THE ENTIRE IT SYSTEM.

21.2 PLUSSERVICE SHALL NOT BE RESPONSIBLE FOR ANY DIRECT OR INDIRECT DAMAGES OR LIABILITIES OF ANY NATURE, INCLUDING WITHOUT LIMITATION TO, INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR SPECIAL DAMAGES, LOSS OR PROFITS, LOST BUSINESS OPPORTUNITY OR ANY OTHER DAMAGES; REGARDLESS OF WHETHER PLUSSERVICE WAS OR HAVE BEEN ADVISED OF THE POSSIBILITY OF THE SAME AND TOOK NO ACTION TO PREVENT THE SAME.

21.3 WITHOUT LIMITING THE FOREGOING, PLUSSERVICE TOTAL LIABILITY FOR ANY DAMAGES ARISING HEREUNDER SHALL NEVER EXCEED THE TOTAL COMMISSIONS PAID AND PAYABLE TO THE PUBLISHER PURSUANT TO THE TERMS HEREOF.

22. ASSIGNMENT

22.1 This Agreement is only for the benefit of the party that the Publisher list in the Affiliate Program Application. The Publisher shall have no right to assign this Agreement or any benefits or obligations hereunder to any other party or legal entity. Any attempted assignment shall be void, unless prior express written consent from Plusservice has been obtained beforehand.

22.2 Plusservice may assign its rights and obligations under this Agreement to another legal entity within the Plusservice group of companies or to any third party.

23. RELATIONSHIP OF THE PARTIES

The parties hereto are independent and nothing contained herein shall be interpreted as creating any relationship other than that of independent contracting parties. The parties shall not be construed as being partners, joint venturers, shareholders, employer/employee, agent/servant. The Publisher has no power our authority to bind the Advertiser or Plusservice to any obligation, Agreement, debt or liability. The Publisher shall not hold itself out as an agent or representative of the Advertiser.

24. FORCE MAJEURE

24.1 An ‘event of force majeure’ means, in relation to either party, an event or circumstance beyond the reasonable control of that party (“the Affected Party”) including (without limitation) any act of God, inclement weather, failure or shortage of power supplies, flood, drought, lightning or fire, strike, lock-out or trade dispute or labour disturbance, the act or omission of government, highway authorities or any telecommunications carrier, operator or administration or other competent authority, the act or omission of any ISP, war, military operations, act of terrorism or riot, delay or failure in manufacture, production or supply by third parties of equipment or services.

24.2 The Affected Party shall not be deemed to be in breach of this Agreement or otherwise liable to the other party (“the Other Party”) for any delay in performance or any non-performance of any obligations under this Agreement (and the time for performance shall be extended accordingly) if and to the extent that the delay or non-performance is due to an event of force majeure.

25. SEVERABILITY

Every clause of this Agreement is deemed lawful, unless it is otherwise adjudicated by a competent court. If any of the clauses or sections of this Agreement are adjudicated as unenforceable by a competent court, it shall not affect the enforceability of the rest of the Agreement, which shall continue to be in force without any change in understanding. The invalid provision shall be deemed replaced by that provision that is legally effective and comes closest, in the usual understanding, and the economic intent and purpose of the invalid provision.

26. ELIGIBILITY

You must be over 18 years of age may register as publishers. Publisher must have a bank account. Plusservice reserves the right to verify the Publisher’s business and personal data.

27. DISPUTE RESOLUTION AND VENUE

27.1 This Agreement shall be governed by and construed in accordance with the laws of Denmark excluding its choice of law provisions.

27.2 Any dispute, controversy or claim arising out of or in connection with this Agreement shall be settled by the Maritime and Commercial Court of Copenhagen or the Municipal Court of Copenhagen in the first instance whichever has authority under Danish law.

27.3 Notwithstanding the above, Plusservice shall at its discretion have the right to file suit at Publisher’s venue.

28. MODIFICATIONS

28.1 Plusservice reserves the right to amend this Agreement at any point of time without citing any reasons. Plusservice will communicate, by e-mail, the modified terms and conditions at least one week prior to the effective date. If Publisher does not object in text form (letter, e-mail, fax) to the modification before the effective date, Publisher shall be deemed to have accepted the respective modification. If the Publisher objects to the modified Agreement, the Publisher shall be regarded as having terminated this Agreement with immediate effect.

28.2 The conditions of the Advertiser Program might be subject to modifications and the entire Advertiser Program might be subject to termination by either the Advertiser or Plusservice. Publisher hereby undertakes to refrain from demanding a program being operated at all or applying certain conditions to a program. The conditions of the Advertiser Program can be viewed in the Plusservice Interface. Publisher has no claim for any further compensation of expenses or costs in that regard.