General Terms and Conditions – 247 Perform

Version: 08.06.2025
Registered Address: Mr. Treublaan 7, 1097 DP Amsterdam
Company: 247 Perform

1. General Provisions

These Terms and Conditions govern the collaboration between 247 Perform and its business partners and outline the contractual relationship concerning the online promotion of advertising content between publishers (hereafter referred to as “Affiliates”) and advertisers (hereafter referred to as “Advertisers”).

Through its affiliate network, 247 Perform enables Advertisers to connect with Affiliates who promote their products or services and help drive new customer acquisitions.

Advertisers provide advertising materials (e.g. banners, text links, or email creatives), which Affiliates may use via websites, email, or other online media to promote the Advertiser’s offerings.

These materials are hosted within the 247 Perform platform and connected to affiliate programs (“Programs”), enabling campaign execution by Affiliates on behalf of the Advertisers.

When an Affiliate successfully generates a customer acquisition or sale, the Advertiser compensates 247 Perform, which in turn pays the agreed commission to the Affiliate. The remuneration structure and performance criteria are defined in the Advertiser Insertion Order, a formal agreement between 247 Perform and the Advertiser (or alternatively confirmed via email).

247 Perform also provides white-label tools that Affiliates can integrate into their websites to drive traffic and conversions to the Advertiser’s sites. Compensation for such traffic is specified in the Advertiser Insertion Order.

2. Obligations of the Advertiser

2.1 Advertisers supply online products or services and provide 247 Perform with advertising materials for use by Affiliates.
2.2 Advertisers grant 247 Perform and its Affiliates a non-exclusive, non-transferable, limited license to use the ad materials strictly in line with the Insertion Order.
2.3 This includes rights to store, reproduce, digitize, and adapt the ad materials as needed to fulfill the contract.
2.4 Advertisers warrant that all content complies with applicable laws and regulations.
2.5 Advertisers must ensure that tracking for conversions via 247 Perform is properly implemented and takes priority over any other tracking systems.
2.6 Changes to Program conditions must be communicated in writing with at least 14 days’ notice (or 2 days if approved by 247 Perform).
2.7 Advertisers are responsible for timely transaction approval, as outlined in Section 6.3.

3. Obligations of Affiliates

3.1 Affiliates are legally recognized entities offering online marketing space via websites, email, or search engine marketing.
3.2 Affiliates must comply with all relevant legal and regulatory requirements, especially those in their operating markets.
3.3 Affiliates must apply to a Program before promoting any Advertiser content. Advertisers may reject applications, preferably with an explanation.
3.4 Affiliates must comply with the General Data Protection Regulation (GDPR) and any related data privacy laws.

4. 247 Perform Tools and White Label Integration

4.1 Affiliates may promote Advertiser products via 247 Perform’s white label tools without a separate Program application.
4.2 The Advertiser grants 247 Perform and its Affiliates the right to use its name, logo, and branding within the platform and tools, limited to the duration and scope of the campaign.

5. Program Setup and Management

5.1 Advertisers must provide all campaign information and materials in a usable format.
5.2 247 Perform may postpone activation if materials are incomplete or unsuitable.
5.3 Affiliates apply through the platform; 247 Perform manages acceptance unless otherwise requested by the Advertiser.
5.4 A contract between Advertiser and Affiliate is formed once the Affiliate is accepted. 247 Perform is not liable for Affiliate legitimacy.
5.5 Advertisers may add supplementary Program terms, provided they don’t conflict with 247 Perform’s Terms.
5.6 Hosting of ad materials is the Advertiser’s responsibility unless otherwise agreed.
5.7 247 Perform may use the Advertiser’s name and logo for reference purposes (e.g. in presentations), excluding confidential data.

6. Compensation and Payments

6.1 247 Perform tracks and reports on all campaign performance. Affiliate compensation is defined in the Insertion Order.
6.2 Advertisers must review and approve transactions within 30 days of tracking.
6.3 If no action is taken within 30 days, transactions may be auto-approved.
6.4 Once approved, commissions are released to Affiliates.
6.5 Approved transactions are final; no clawbacks allowed.
6.6 If tracking is disrupted due to Advertiser-side changes without notice, compensation must be made based on average past results.
6.7 Payment to Affiliates is subject to the Advertiser’s account having sufficient prepaid balance.
6.8 If funds are insufficient, the Program may be paused.
6.9 No interest will be paid on account balances.
6.10 Advertisers release 247 Perform from claims related to approved commissions.
6.11 If the Advertiser runs other public affiliate programs with more favorable terms, 247 Perform must be notified within 7 days. Penalties may apply for non-compliance.
6.12 VAT applies unless exempt under tax law.
6.13 For one year after contract termination, Advertisers may not work directly with Affiliates introduced by 247 Perform unless a prior relationship is proven in writing. Breach may result in penalties.
6.14 Invoices must be paid within 30 days of issuance. Late payments may incur interest and administrative fees in accordance with Dutch law.

7. Warranties and Liability

7.1 247 Perform strives for optimal service availability but does not guarantee error-free or uninterrupted access.
7.2 Liability is limited to cases of intent or gross negligence. In all other cases, liability is limited to foreseeable damages.
7.3 247 Perform is not responsible for content on external websites linked via its platform.
7.4 If a claim arises from Affiliate misconduct, the Affiliate must indemnify both 247 Perform and the Advertiser.

8. Contract Term and Termination

8.1 Unless otherwise stated, the Insertion Order is open-ended.
8.2 Either party may terminate the agreement with 3 months’ notice via email.
8.3 All outstanding amounts become due upon termination.
8.4 247 Perform may terminate agreements with immediate effect in case of serious breach of terms.

9. Confidentiality

Both parties must treat business-sensitive information as confidential for the duration of and after termination of the agreement, unless disclosure is legally required or necessary for execution of the contract.

10. Data Protection and Cookies

10.1 247 Perform handles all data in accordance with the GDPR and other applicable laws.
10.2 Data is used solely for service delivery and Program management.
10.3 Cookies are used for platform security and accurate tracking. These do not contain personal data.
10.4 A Data Processing Agreement (DPA) is stored in each account and available upon request.

11. Amendments

247 Perform reserves the right to modify these Terms and Conditions at any time. Changes will be communicated appropriately.

12. Governing Law and Jurisdiction

12.1 These Terms are governed by Dutch law.
12.2 All disputes shall be subject to the jurisdiction of the courts of Amsterdam.
12.3 Should any provision be found invalid or unenforceable, the remaining provisions shall remain in effect. Invalid terms will be replaced with ones closest in purpose and intent.

247 Perform
Mr. Treublaan 7
1097 DP Amsterdam
The Netherlands