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Latest Terms & Conditions version (V3.00) : 2024-07-15 00:00:00

General Terms and Conditions

Subject - Acceptance

By joining our affiliate program, you (hereinafter referred to as the « Affiliate ») enter into a contract binding you to the company DNX Network Sarl (hereinafter referred to as « the Company » with the aim of promoting the Services, particularly through the dissemination of Advertising Campaigns, in exchange for Remuneration.

Our contractual agreements consist of i) these General Terms and Conditions ii) where applicable, the Affiliate Program Rules iii) the Specific Conditions relating to Affiliate Remuneration, collectively referred to as the « Contract ».

In the event of a contradiction between the terms of the General Terms and Conditions, the Affiliate Program Rules, and the Specific Conditions, the contractual provisions of a higher rank shall prevail over those of a lower rank in the following order: i) the General Terms and Conditions ii) the Affiliate Program Rules iii) the Specific Conditions.

By clicking "I accept," the Affiliate declares, acknowledges, and warrants i) to have read and accepted without restrictions or reservations the Contract ii) to confirm the accuracy and completeness of the information provided by them, particularly regarding their identity.

1. Definitions

The following terms used in singular or plural in these General Terms and Conditions shall have the following meanings:

1.1 « Affiliate »: refers to the co-contractor of this Contract, whether a natural person of legal age (having reached the age of majority under the laws applicable in their country of residence and/or the place where the Contract is performed) or a legal person, having full legal capacity to enter into the Contract and being a professional in the Internet industry.

1.2 « Ready to Print or (BAT) »: refers to the validation given by the Company to the Affiliate of any free advertising campaign.

1.3 « Broker »: refers to the Affiliate duly approved in advance by the Company, acting under their responsibility and name as an Affiliate Network.

1.4 « Advertising Campaigns »: refer to advertising announcements designed to promote exclusively the Services made from the Company's Contents and, where applicable, Affiliate Contents, containing Tracking that the Affiliate disseminates, under their responsibility, on various media, particularly the Website(s).

1.5 « Free Advertising Campaigns »: refer to an advertising campaign created by the Affiliate to promote exclusively the Services and which i) is not derived from the Company's Contents ii) constitutes a project for adapting the Company's Contents iii) constitutes a medium for distribution via electronic mail (emailing). Free Advertising Campaigns are only authorized to be exploited by the Affiliate with a BAT.

1.6 « Client »: refers to any natural person of legal age, or any private legal entity, proceeding with a Registration and/or Payment for the Services.

1.7 « General Terms and Conditions or (GTC) »: refers to the present document.

1.8 « Specific Conditions »: refer to the sections and information contained in the Affiliate Space, especially the « my payouts » section, concerning i) Affiliate Remuneration conditions ii) specific rules of the affiliate program, particularly the terms of advertising campaign dissemination iii) the Payment Threshold, etc.

1.9 « Contract »: refers to these GTC, the Affiliate Program Rules, and the SC.

1.10 « Affiliate Content »: refers to various content, information, and data from the Affiliate, whether or not protected by intellectual property rights, i) provided to the Company for Customization ii) present on the Website, including the domain name and URL.

1.11 « Publisher Content »: refers to various content related to the Services operated by Publishers, especially on their website(s), whether or not protected by intellectual property rights, excluding Company Content.

1.12 « Company Content »: refers to web page templates, buttons, banners, etc., and more generally, materials for promoting Services, whether or not protected by intellectual property rights, derived notably from Publisher Content, provided on the Affiliate Platform via the Affiliate Space and may, if necessary, be Customized for the dissemination of Advertising Campaigns by the Affiliate.

1.13 « Cost per Lead or (CPL) »: refers to Affiliate Remuneration calculated based on the number of Registrations according to the conditions and criteria determined in the SC.

1.14 « Affiliate Space »: refers to the dedicated space for the Affiliate on the Affiliate Platform accessible online with the Credentials. The Affiliate Space allows the Affiliate to select Company Content, create advertising campaigns, view Statistics, trigger Remuneration payments, etc.

1.15 « Publishers »: refers to various publishers of Publisher Websites and Services.

1.16 « Credentials »: refer to the identifier and password assigned exclusively to the Affiliate, allowing access to the Affiliate Platform.

1.17 « Registration »: refers to the Customer's access from the Advertising Campaign, particularly through a hyperlink to a registration page for Services, then the provision by the Customer to Publishers of all the necessary information for registration for one or more Services and the correlative confirmation of their registration by Publishers.

1.18 « Information »: refers to information, documents, data, etc., other than Company Content, especially from the Affiliate Platform and generally all elements transmitted by the Company to the Affiliate for the execution of the Contract.

1.19 « One Shot »: refers to Registration followed by one (1) Payment and resulting in a commission for the benefit of the Affiliate based on that single Payment, the amount of which is determined in the Specific Conditions, and excluding any subsequent commissioning.

1.20 « Sponsored Link »: refers to the Website's Ranking by an advertising (or commercial) hyperlink pointing to the Affiliate's Website or the Publisher's Website displayed on one of the Search Engines.

1.21 « Brand »: refers to distinctive signs (trademark, trade name, commercial name, sign, domain name, logo, etc.) of i) Publishers, especially under which they market Services ii) the Company iii) third parties. Brands notably include the following signs: «cambabes», «camcandy», «xcams», «evelive», «webcamsex», etc.

1.22 « Keyword(s) »: refers to the keyword(s) determined and reserved by the Affiliate from search engine(s) allowing the Website's Ranking in the search engine(s) through a Sponsored Link.

1.23 « Search Engine »: refers to the program that indexes the content of various Internet resources, particularly websites, allowing the Internet user using a Web browser to search for information based on different parameters, notably using keywords or search queries.

1.24 « Statistical Tools »: software tools from the Company or third parties used on the Affiliate Platform for counting i) Customer traffic and/or ii) Registrations and/or iii) Payments.

1.25 « Payment »: refers to the actual, complete, and final payment(s), excluding repudiations or payment cancellations, made by the Customer to Publishers to benefit from the Services.

1.26 « Party(ies) »: refers to the Affiliate and/or the Company.

1.27 « Affiliate Platform »: refers to the technical platforms of the Company accessible, notably from the URL www.camspower.com, www.xcams-partners.com, and www.xcams-power.com allowing access to the Affiliate Space.

1.28 « Customization »: This term refers to the process by which the Affiliate customizes the Company's content in the Affiliate Space by providing Affiliate Content.

1.29 « Portal »: This term refers to a specialized website, whether in a specific sector or not, offering various entry points through hyperlinks to third-party websites and/or Search Engines.

1.30 « Search Engine Optimization (SEO) »: This refers to a set of techniques used to organically index a website in Search Engines or directories, aiming to optimize, develop, and enhance the visibility and positioning of the Website.

1.31 « Paid Search »: This term denotes a method of paid website ranking through Sponsored Links (e.g., Google's AdWords service). It involves indexing a website in Search Engines, usually following the reservation of Keywords and using a bidding system.

1.32 « Affiliate Network »: This term refers to the network of affiliates with whom the Broker has contractual agreements for distribution on online media published by these affiliates. The Broker has also entered into contractual arrangements at least equivalent to the Contract.

1.33 « Broad Match »: This term describes a display technique used by Search Engines for the Affiliate's Sponsored Link. It follows the reservation of a Keyword and is influenced by various factors, including i) the presence of multiple keywords in the search query entered by the internet user, which includes the Keyword, and ii) the presumed synonymy between the search query and the Keyword by the Search Engine.

1.34 « Remuneration »: refers to the compensation excluding taxes that the Company owes to the Affiliate in exchange for the dissemination of Advertising Campaigns. It also involves the Registration and/or Payment of Customers. The remuneration is determined based on the selected payout type: number of Registrations and/or One Shot and/or Revenue Share.

1.35 « Revenue Share »: indicates the Remuneration received in exchange for the dissemination of Advertising Campaigns. It correlates with i) Registration ii) successive Payment(s) from Customers, resulting in a commission determined in the Specific Conditions for each Payment.

1.36 « Statistics »: denote statistics derived from Statistical Tools regarding the Affiliate's Advertising Campaigns.

1.37 « Payment Threshold »: refers to the payment threshold specified in the Specific Conditions, under the « my payouts » section. Once this threshold is reached, the Company pays the Remuneration to the Affiliate. The current payment threshold is €100.

1.38 « Services »: This term encompasses the products and services marketed online by the Publishers.

1.39 « Website »: This term refers to the online support(s), such as a website, blog, Portal, etc., edited by the Affiliate under their responsibility and name. The URL(s) of the website(s) has/have been registered in their Affiliate Space.

1.40 « Publisher Website(s) »: This term refers to the website(s) of the Publishers, and the URL(s) is/are indicated on the Affiliate Platform.

1.41 « Tracking »: This term refers to the technical identifier provided to the Affiliate. It must be integrated into Advertising Campaigns to identify Customers as originating from the Affiliate and to qualify, if applicable, for Remuneration.

1.42 « Territories »: This term refers to the territories in which the Affiliate can disseminate Advertising Campaigns, as indicated in the Specific Conditions, excluding Prohibited Zones.

1.43 « Prohibited Zones »: This term refers to the territories in which the Affiliate commits to refrain from directly or indirectly disseminating Advertising Campaigns. These territories include i) Algeria, Afghanistan, Saudi Arabia, United Arab Emirates, North Korea, Egypt, Iran, Iraq, Japan, Jordan, Kuwait, Libya, Morocco, Pakistan, Qatar, Republic of China, Singapore, Syria, and ii) generally, any other geographical location corresponding to a political entity or any part thereof, where access to and/or viewing and/or downloading and/or broadcasting and/or any other use of the Services would constitute a violation of any applicable law or regulation.

2. Effectiveness - Duration - Amendments - Non-Exclusivity

2.1 This Agreement is concluded for an indefinite duration from its acceptance by the Affiliate until i) the achievement by either of the Parties, ii) and/or as long as Remuneration is due to the Affiliate.

2.2 The Affiliate is informed that the General Terms and Conditions (GTC), the Affiliate Program Rules, and the Specific Conditions (SC) may be subject to modifications at any time, without prior notification to the Affiliate. The Affiliate is aware that the SC is generally amended every three (3) months. Therefore, it is the responsibility of the Affiliate to regularly visit the Affiliate Space and check for any modifications to the Contract. The Affiliate acknowledges that their dissemination of Advertising Campaigns on any media, especially the Website, constitutes acceptance of the Contract, even if modified.

2.3 Unless otherwise agreed between the Parties, the Contract is concluded on a non-exclusive basis.

3. Company’s Obligations

3.1 Company Content:

3.1.1 The Company undertakes to provide the Affiliate with access to Company Content via the Affiliate Space on the affiliate platform and allows for its customization. The Company makes its best efforts to periodically renew or replace Company Content without being bound by any specific frequency in this regard.

3.1.2 The Company grants the Affiliate permission to disseminate Advertising Campaigns on any medium, particularly on the Website, unless restrictions are specified in the Specific Conditions. This applies to dissemination within and/or directed to the Territories.

3.2 Affiliate Platform - Affiliate Space - Statistics:

3.2.1 The Company strives to provide the Affiliate with 24/7 access to the affiliate platform and/or the Affiliate Space via the Affiliate's Internet access telecommunications network. This access may be interrupted for maintenance operations, causing access disruptions without any claim for compensation by the Affiliate.

3.2.2 The Company endeavors to implement Statistical Tools and allows the Affiliate access to Statistics via the Affiliate Space.

3.3 Remuneration Payment:

The Company commits to transferring the Remuneration to the Affiliate once the Trigger Threshold is reached and within the specified deadlines in Article 7.

3.4 Assistance:

The Company pledges to offer the Affiliate assistance through the Affiliate Space.

4. Affiliate's Obligations

4.1 Affiliate Information - Identifier - Access to the Affiliate Space:

4.1.1 The Affiliate declares and acknowledges that the information provided by them in the Affiliate Space, especially regarding their identity, contact details, bank information, Website, etc., is crucial and decisive for the Contract's execution by the Company. The Affiliate commits to keeping the Company duly informed of any changes, particularly by regularly updating this information in the Affiliate Space.

4.1.2 The Affiliate is responsible for the safekeeping and use of the Identifiers. Any access to the Affiliate Space using the Identifiers is deemed to have been carried out by the Affiliate. In case of Identifiers theft, the Affiliate undertakes to promptly inform the Company.

4.1.3 The Affiliate acknowledges that regularly logging into the Affiliate Space is necessary for executing the Contract.

4.2 Advertising Campaigns - Website:

4.2.1 The Affiliate creates and disseminates, at their expense and under their exclusive responsibility, Advertising Campaigns and/or free Advertising Campaigns. The Affiliate commits to submitting free Advertising Campaigns to the Company before any exploitation to obtain approval (BAT). It is clarified that BATs do not constitute validation by the Company of the legality, accuracy, validity, conformity, etc., of free Advertising Campaigns in any way.

4.2.2 As essential, decisive, and cumulative conditions without which the Company would not have entered into the Contract, the Affiliate declares and guarantees to the Company that:

4.2.2.1 The Website, Affiliate Content, and the dissemination media selected for Advertising Campaigns must not, at any time, violate any law, ordinance, or regulation or promote illegal activities. This includes but is not limited to:

- Presenting or promoting content that violates public order, human dignity, or morality, especially obscene content.

- Containing or promoting child pornography and/or any content depicting or staging minors, or suggesting that it involves minors and/or infringing the rights of minors.

- Promoting any discrimination based on race, gender, religion, nationality, disability, sexual orientation, or age.

- Containing defamatory, offensive, hateful, threatening, abusive content, or content that apologizes for crimes and/or offenses, especially against humanity, or that constitutes harassment or the commission of crimes or offenses.

- Not violating the rights of a third party, including intellectual property rights (such as copyrights, distinctive signs - trademark, business name, sign, trade name, logo, domain name, including trademarks), the Publisher's Content, or publicity rights, the right to privacy, image rights, etc.

- Sending messages, on any medium and by any means, especially by email, i) to individuals who have not requested or accepted to receive such solicitations (SPAM) and/or ii) containing any program, file, data stream, or other content such as viruses, worms, "Trojan horses," or any equivalent computer application.

4.2.2.2 The Affiliate has full legal capacity to conclude and execute the Contract.

4.2.2.3 The Affiliate has all the authorizations, declarations, permits, etc., necessary for conducting their activities, both for the operation of their Website and the execution of the Contract.

4.2.2.4 The Affiliate is up to date with all administrative, social, tax, and customs obligations, including declarative obligations.

5. Intellectual Property

5.1 The Company grants the Affiliate the right to reproduce and represent the Company Content, excluding any other rights, including adaptation, correction, translation, distribution, etc., in as many copies as the Affiliate deems necessary. This is exclusively for i) Advertising Campaigns and/or free Advertising Campaigns ii) promoting the Services iii) use on the Website, as well as any digital platform on the Internet, excluding any other medium iv) within the Territories. These rights are granted on a non-exclusive and non-transferable basis. They are granted for the duration of the Contract unless a shorter duration is specified in the Affiliate Space.

5.2 The Affiliate declares and acknowledges that the Contract does not transfer any intellectual property rights to them regarding Company Content, Publisher Content, or the Trademarks. As necessary, the Affiliate assigns exclusively, for the entire world, as they are acquired, gratuitously, to the Company, all intellectual property rights they may acquire. This includes cases of adaptation, modification, translation, etc., of Company Content, Publisher Content, and Trademarks, particularly in the context of free Advertising Campaigns.

5.3 The Affiliate grants the Company the right to integrate, modify, correct, and adapt Affiliate Content to combine it with Company Content in as many copies as the Company deems necessary. This is exclusively for i) the Affiliate Platform ii) generating Advertising Campaigns iii) promoting the Services iv) use on the Website, as well as any digital platform on the Internet, excluding any other medium v) within the Territories. These rights are granted on a non-exclusive and non-transferable basis. They are granted for the duration of the Contract.

5.4 Each Party guarantees to the other Party that it has all the necessary rights for the concession of the rights specified above.

5.5 The Affiliate undertakes not to register, record, reserve, or otherwise register Trademarks or any variation, addition to other terms, imitation, abbreviation, or spelling mistake worldwide - such as engaging in typosquatting by registering domain names like "xcaams.com," "xccams.com," "xcamms.com," "xxams.com," "xcamw.com," "xcqms.com," or "xcajs.com," without limitation, for Company Content and Publisher Content. This rule also applies to other brands distributed by the Company, in particular the Webcamsex brand.

Consequently, the Affiliate irrevocably undertakes not to register as a trademark or domain name (regardless of the extension, such as but not limited to: .chat, .pt, .xxx, etc.), and more generally as a distinctive sign, the Publishers' Trademarks.

In case of non-compliance with the provisions of Article 5.5 of the GTC, especially if the Affiliate has registered a trademark and/or a domain name in violation of these provisions, whether before or after the conclusion of this Contract, the Affiliate declares, acknowledges, and irrevocably undertakes:

(i.) To consider that compliance with the aforementioned commitments by the Affiliate constitutes an essential and decisive condition for the Company without which it would not have entered into this Contract.

(ii.) Not to contest the validity of the Trademarks, especially by opposing its intellectual property rights, in the event of registration before the conclusion of the Contract.

(iii.) To transfer to the Company, as soon as possible, the ownership of the rights to the trademark(s) and/or domain name(s) or, more generally, distinctive sign registered(s) in violation of the provisions of Article 5.5. It is specified that the transfer will be the subject of an assignment agreement between the Parties, and the assignment price will be (a) agreed upon between the Parties in the event of such registration before the conclusion of the Contract or (b) included in the Remuneration in the event of such registration after the conclusion of the Contract.

(iv.) That the Company has the right to suspend the Remuneration until the transfer provided for in Article 5.5 occurs, (ii) in accordance with Article 8.3 of the GTC.

5.6 The Affiliate undertakes not to i) reserve the Trademarks as a Keyword, ii) allow or enable the display of a Sponsored Link following a search query including the Trademarks identical or in a similar form, alone or with any other term, including due to Broad Match, and especially to include the Trademarks as negative keywords with Search Engines iii) display the Trademarks in a Sponsored Link. iv) as part of a sponsorship Advertising Campaign, create a fictitious sponsorship account to obtain Registration, in particular.

6. Liability

6.1 The Affiliate acknowledges that the Remuneration depends on various factors such as the effectiveness of the advertising campaigns, free advertising campaigns, their promotion on the Affiliate's website, the Affiliate's ability to generate natural or paid traffic, etc. The level of Remuneration primarily depends on the Affiliate and not the Company. The Affiliate cannot hold the Company, the Publishers, and/or any third party they depend on responsible for the absence or inadequacy of Remuneration, especially in relation to the expenses incurred by the Affiliate to execute the Contract.

6.2 The Affiliate declares and acknowledges that the Company's Content is provided "as is," without any other warranty, unless otherwise stipulated in the General Terms. The Company does not monitor or supervise the content of the website and cannot be held responsible for said content.

6.3 Each Party shall indemnify the other Party for damages caused to the other Party, expressly excluding indirect damages such as loss of computer data, loss of brand image, turnover, margin, etc.

6.4 Notwithstanding the provisions of Article 6.3, in the event of a breach by the Affiliate of its obligations under Article 4.2.2, it shall be liable for the full extent of damages, even indirect, to the Company.

6.5 As an essential and decisive condition for the Company, without which it would not have entered into the Contract, its liability under the Contract is limited, all causes and damages combined, to the amounts paid by the Company to the Affiliate in the twelve (12) months of the damage-triggering event.

7. Remuneration

7.1 Subject to compliance with the provisions of Article 5.5 in particular, the Affiliate will receive Remuneration based, if applicable, on the number of Registrations or Payments indicated in the Statistics. Remuneration based on the number of Payments is established either as a One-shot or as Revenue Share. The amounts, percentages, and durations are indicated in the Specific Conditions. The Remuneration under Revenue Share will be reduced by cancellations or repudiations of Payments.

7.2 To take into account market developments, the Affiliate is informed that these elements are modified on average every three (3) months and apply to all advertising campaigns and/or free advertising campaigns, including those implemented prior to the modification of the Specific Conditions. Consequently, it is the responsibility of the Affiliate to regularly check for modifications to the Specific Conditions and to modify or cease, if necessary, the advertising campaigns and/or free advertising campaigns.

7.3 Subject to the provisions of Article 7.3 and the Payment Threshold, the Affiliate may trigger payment of the Remuneration in its Affiliate Space. The Remuneration will be paid upon validation by the Affiliate. A self-invoice is created for each payment session and is available in the ‘Payments’ section. Remuneration will be paid into the Affiliate's bank account indicated in the Affiliate Space twice a month (for activity during the first 15 days of the month, the Affiliate will be paid on the 20th of the same month and for activity during the last 15 days of the month, the Affiliate will be paid on the 5th of the following month.

8. Suspension – Termination

8.1 Each Party may terminate this Contract at any time, with or without cause, provided that prior notice is given to the other Party.

8.2 Each Party may terminate this Contract after an unsuccessful formal notice period of eight (8) clear days.

8.3 In the event of a violation by the Affiliate of any provision of the Contract, especially its essential obligations under Articles 4.2.2 and 5.5, the Company may suspend, at any time, including without prior notice, said Contract and consequently the Affiliate's account as well as any due Remuneration. The Affiliate shall not be entitled to any compensation in this regard.

8.4 The suspension and/or termination of the Contract, for any reason whatsoever, shall entail the following consequences:

- freeze of Remuneration

- during the notice period, relations between the Parties must continue fairly, sincerely, and normally

- upon termination of the contract term, the Affiliate shall cease all use of advertising campaigns and/or free advertising campaigns, and in any case, the Company's Content

- Remuneration will only be paid to the Affiliate after a period of one hundred and twenty (120) days from the termination of the Contract.

9. Relations between the Parties

9.1 Each Party acts as an independent economic operator at its own risk.

9.2 The Contract does not create or constitute any alliance, joint venture, business merger, mandate, or partnership of any kind between the Affiliate and the Company, its employees, agents, or assignees.

10. Correspondence – Proof

10.1 Correspondence exchanged between the Parties is mainly carried out by email and via the Affiliate Space.

10.2 The Parties declare that the information transmitted by email, through the Affiliate Space, and more generally through the Affiliate Platform is binding between the Parties. Elements such as the time of receipt or dispatch, as well as the quality of the data received, will take precedence as they appear on the Company's information systems, unless written proof to the contrary is provided by the Affiliate. The scope of proof of information provided by the Company's computer systems is that granted to an original in the sense of a handwritten paper document.

10.3 The Company's files serve as evidence to determine all Statistics, including the number of Registrations, Payments, Payment cancellations, Paid Lead, or Revenue Share. Any contradictions or errors must be brought to the attention of the Company no later than one (1) month from the registration of the relevant information, failing which the Affiliate will be barred.

11. Non-Assignment – Subcontracting

11.1 The rights and obligations of this Contract cannot be assigned, transferred, in whole or in part by the Affiliate.

11.2 Furthermore, the Affiliate undertakes not to subcontract all or part of the rights and obligations of this Contract.

12. Affiliate Network

Unless prior written authorization is obtained from the Company, the Affiliate refrains from having an affiliate network to which it provides all or part of the Contract. The Affiliate must, in this case, approach the Company, obtain its approval to become a Super Affiliate, allowing it to provide the Contract to its Affiliate Network under its responsibility and name. In this scenario, the Company is the sole co-contractor of the Super Affiliate, excluding the Affiliate Network. It is the responsibility of the Super Affiliate to have the Affiliate Network subscribe to provisions at least equivalent to the Contract and to manage its Affiliate Network. The Super Affiliate guarantees and holds the Company harmless from any claims, complaints, disputes, as well as more generally the conditions of the Super Affiliate's contractual relationship with the Affiliate Network.

13. Confidentiality

The Parties mutually undertake an obligation of confidentiality in the execution of this Contract. The obligation of confidentiality continues beyond the end of the Contract, regardless of its cause, for a period of one (1) year.

14. Force Majeure

14.1 Neither Party shall be held responsible for delays or the impossibility of fulfilling its contractual obligations due to one or more force majeure events that are beyond its will and control, such as social conflicts, intervention by civil or military authorities, natural disasters, fires, water damage, malfunction, interruption of the telecommunication network or power grid.

14.2 In the event of force majeure, the concerned Party must notify the other Party in writing and do its utmost to find a solution or attempt to limit its consequences in order to resume its contractual obligations as soon as possible. If the force majeure event were to persist for a duration of thirty (30) days, each Party will be entitled to terminate this Contract automatically.

15. Non-Solicitation of Personnel

15.1 Unless there is prior written agreement from the Company, the Affiliate refrains from making direct or indirect employment offers to an employee of the Company. This commitment remains valid for a period of two (2) years from the end of the Contract.

15.2 Violation of this commitment, without prejudice to any damages that may be awarded by a competent court and claimed by the Company, will result in the Affiliate paying the Company an amount equivalent to twelve (12) months of the last salary received by the recruited employee.

16. Commercial References

16.1 The Affiliate expressly authorizes the Company to use and reproduce its corporate name, trade name, domain names, trademarks, and/or logo as a commercial reference on any medium of the Company's choice.

16.2 This authorization is valid for the duration of this Contract and for 6 months from its expiry for any reason.

17. Entirety

This Contract constitutes the entire agreement between the Affiliate and the Company and supersedes and cancels any other previous agreement, discussion, or statement, written or oral.

18. Partial Invalidity

If any provision of the Contract is deemed null or unenforceable to any extent, said provision will be deleted so that the remaining provisions remain enforceable. Unless there is a specific contrary provision, the other provisions of this Contract will continue to have full effect following the provision deemed null.

19. Applicable Law – Competent Jurisdiction

THESE GENERAL TERMS ARE SUBJECT TO LUXEMBOURG LAW.

ANY DISPUTE REGARDING THE INTERPRETATION, EXECUTION, CONSEQUENCES, AND APPLICATION OF THIS CONTRACT WILL BE BROUGHT BEFORE THE COMPETENT COURTS OF LUXEMBOURG (G.D. LUXEMBOURG), INCLUDING FOR INTERIM OR REQUEST PROCEDURES, NOTWITHSTANDING MULTIPLE DEFENDANTS AND/OR THIRD-PARTY PROCEEDINGS.