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terms and conditions
These General Terms and Conditions
apply to the use of 12Ca$h’s Service as defined below.
The owner of the Website
www.12cash.com and the trade name 12Ca$h is TELEFUTURE NEDERLAND BV
(hereinafter 12Ca$h), with registered address at Spoorhaven 44-46,
NL-2651 AV, Berkel en Rodenrijs, The Netherlands, holder of Tax ID
12Ca$h is a Dutch Company registered
at the Registry of Companies of The Hague, The Netherlands, filed
under number 24241933.
By entering or using this Website
you will automatically be considered a user (hereinafter the
“Affiliate”) which requires the full acceptance of each and every
provision included in this General Terms and Conditions, in the
version published by 12Ca$h at the time when the Affiliate accesses
or uses the Website. Consequently, the Affiliate must read and accept
all the legal texts applicable to the use of the Website each and
every time they intend to use the Website, as amendments may have
Certain services or features may be
subject to specific terms that, when appropriate, replace, complete
and/or amend this document. Therefore, prior to using these services,
the user must also carefully read and accept the corresponding
12Ca$h hereby reserves the right to
policy and any other legal text applicable to the website. The
Affiliate must periodically check these conditions, as above mentioned
If you create an Account via the
Website, you can download and print these General Terms and
Conditions here. If you create an Account via a mobile
application, you can consult the General Terms and Conditions here.
If you wish to receive a
copy of the General Terms and Conditions, send an email to
email@example.com requesting a copy.
1.1In this agreement the -
capitalised - terms listed below are defined as follows, regardless
of whether they are used in the singular or plural:
2.1.These General Terms and
Conditions apply to all offers, quotations and proposals made by
12Ca$h as well as to the Agreement and all other agreements to which
12Ca$h is a party, insofar as the parties have not in writing
stipulated terms and conditions that vary from these General Terms
2.2.Variations, amendments and
additions to these General Terms and Conditions shall only be valid
if agreed in writing between the Affiliate and 12Ca$h.
2.3.12Ca$h shall at all times be
entitled to alter and/or update these General Terms and Conditions.
The most up-to-date General Terms and Conditions shall be available
on the Website or shall be brought to the attention of the Affiliate
while using the Service. If the Affiliate continues using the Service
after these General Terms and Conditions have been altered and/or
updated, the Affiliate thereby irrevocably accepts the altered and/or
updated General Terms and Conditions. If the Affiliate does not
consent to the altered and/or updated General Terms and Conditions,
he will have no option other than to terminate the Service and remove
2.4.If any provision of these
General Terms and Conditions turns out to be void or voidable or is
for any reason invalid either wholly or in part, the other provisions
of these General Terms and Conditions shall remain fully in force.
12Ca$h shall replace the invalid provision with one that is valid and
whose legal consequences, taking into account the content and purport
of these General Terms and Conditions, most closely correspond to
those of the invalid provision.
2.5.No General Terms and Conditions
or other conditions of the Affiliate shall be binding upon 12Ca$h and
any such terms and conditions are hereby explicitly rejected. In the
unlikely event that both these General Terms and Conditions and the
Affiliate's General Terms and Conditions are applicable, these
General Terms and Conditions shall prevail.
3.1.During the term of the
Agreement the Affiliate undertakes, as a non-exclusive Affiliate, to
promote the 12Ca$h Content using the Mobile Service.
3.2.Under the conditions laid down
in these General Terms and Conditions, 12Ca$h grants the Affiliate a
limited, personal, revocable, non-exclusive, non-sub-licensable and
non-assignable right to access to and use of the Service for the
purposes described in these General Terms and Conditions and under
conditions regarding the payments concerned.
3.3.The Affiliate may not sell,
hire out or dispose of the Service or grant limited rights to it or
make it available to a third party in any manner or for any purpose
3.4.The Affiliate may not copy,
alter, adjust, decompile, reverse-engineer, apply scripts or in any
manner visually or otherwise manipulate the Service, including - but
not limited to - the landing page of 12Ca$h with the 12Ca$h Content,
nor instruct a third party to perform aforementioned actions.
3.5.Alterations made to the Service
by an Affiliate must be submitted for the assessment of 12Ca$h in the
manner referred to in the Service. The Affiliate may not launch his
Mobile Service before 12Ca$h grants its approval. The approval of
alterations is solely at the discretion of 12Ca$h.
3.6.Any (natural) person who has
reached the minimum age of eighteen (18) years may use the Service
and/or create an Account. If the Affiliate has not yet reached the
age of eighteen (18) years and/or objects to the content of the
Website or the Content and/or is in a geographical area in which
access to the Website and/or use of the Service is prohibited, he
must immediately discontinue his visit to the Website and/or use of
the Service and remove any Account he may have.
3.7.The Affiliate guarantees that
he shall at no time directly contact the holder of rights to the
12Ca$h Content if that party is not 12Ca$h, unless the Affiliate has
an existing relationship with that rights holder.
3.8.The Affiliate shall implement
the Mobile Service on the Affiliate's website as soon as possible
following its publication. The Affiliate shall amend his website and
integrate the Mobile Service in such a way that the maximum possible
traffic to the Affiliate and 12Ca$h Content can be generated.
3.9.The Affiliate warrants that it
holds all the rights to the domains and sub-domains used by it.
4.1.Before using the Service, the
Affiliate must create an Account in the manner indicated on the
Website. Using the Account, the Affiliate can then alter and/or
remove his data as well as examine statistics.
4.2.The Affiliate warrants 12Ca$h
that the information provided on creating the Account is complete,
truthful and correct. It is therefore not permitted to create an
Account in someone else's name. When registering, the Log-in Data
must also be chosen.
4.3.If for any reason the
Affiliate's data are not or no longer up to date, complete or
correct, the Affiliate must without delay update his data so that
they are once again up to date, complete and/or correct.
4.4.The Affiliate himself is
responsible for keeping the Log-in Data secret. As soon as the
Affiliate knows or has reason to suspect that his Log-in Data are in
the possession of non-authorised persons or if he knows and/or
suspects that his Account is being abused, the Affiliate must notify
12Ca$h immediately notwithstanding the Affiliate's own responsibility
to take immediate and appropriate action, for example by altering his
Log-in Data. The Affiliate accepts and acknowledges that he is at all
times responsible and liable for all and every use of the Service
made via his Account. The Affiliate indemnifies 12Ca$h against all
damage and costs arising from and/or related to third parties' use of
the Service via the Affiliate's Account.
5.1Using the Account, the
Affiliate can choose Content that he wishes to make available to the
End User. The Affiliate may not modify or adapt the 12Ca$h Content in
any manner or use it in any manner other than for the purpose as
described within the Service.
5.2.Aside from the 12Ca$h Content,
the Affiliate can also choose to make Affiliate Content available via
the Mobile Service. The Affiliate is fully liable and responsible for
the Affiliate Content which he communicates to the public and
reproduces by means of the Mobile Service. The Affiliate indemnifies
12Ca$h against all third-party claims which are in any way related to
or arise from the use of the Affiliate Content.
5.3.It is not permitted to make
Affiliate Content available:
5.4.12Ca$h reserves the right,
without prior notice, to abridge, alter, refuse and/or remove
Affiliate Content and/or 12Ca$h Content if this is necessary in
12Ca$h's opinion, without this resulting in any right to damages
and/or liability on the part of 12Ca$h.
6.1.12Ca$h is at all times
entitled, without prior announcement and without in any way becoming
liable to the Affiliate, (i) to make procedural and technical
alterations and/or improvements to the Website and/or the Service and
(ii) to (temporarily or permanently) discontinue, limit or remove the
Website, the Service or the Account.
6.2.The Affiliate is himself
responsible for the purchase and/or proper operation of the
infrastructure and reliable telecom facilities (including internet
connection) which are required for using the Service. 12Ca$h is not
responsible or liable for costs arising from the use of telecom
facilities and charged via the telecom provider.
6.3.12Ca$h is in no way liable to
the Affiliate for any damage that arises from or is the result of any
(temporary) unavailability or (interim) breakdown of the Website
7.1.12Ca$h shall make payments to
the Affiliate. The payments shall be made and calculated in the
manner described on the Website. All payments will be made and
calculated in euros.
7.2.12Ca$h may at any time alter
the amounts of the payments listed on the Website. If the Affiliate
does not agree with any alteration, he will have no option other than
to terminate the Service and remove the Account.
7.3.12Ca$h is entitled to suspend
and/or withhold any payment as referred to in Article 7.1, to the
discretion of 12Ca$h, if:
7.4.The payments owed by 12Ca$h to
the Affiliate shall be calculated on a monthly basis. If any payment
amounts to less than EUR 250 (in words: two hundred and fifty euros),
it shall be suspended until it exceeds EUR 250 (in words: two hundred
and fifty euros).
7.5.Payment shall be made on a
self-invoicing basis. 12Ca$h shall prepare the invoice listing the
payments owed in the previous month, within 5 (five) days after said
month has ended, and submit it for the Affiliate's verification. If
the Affiliate does not agree with the invoice, he must object to it
in writing within five (5) days after reception of the invoice. In
that case 12Ca$h shall prepare a new invoice. If the Affiliate does
not object to an invoice, 12Ca$h endeavors to make payment within ten
(10) days after the date of reception of the corresponding invoice by
7.6.If 12Ca$h fails to pay an
invoice in a timely manner and this failure is not the cause of
default on the part of the Affiliate, the Affiliate shall inform
12Ca$h of this in writing. If there is a justified complaint, 12Ca$h
shall make payment as soon as possible. The Affiliate shall not be
entitled to any statutory interest, suspension and/or set-off.
7.7.All payments that 12Ca$h makes
to the Affiliate depend on the payments of the End Users to 12Ca$h.
If 12Ca$h does not receive a payment from an End User, the Affiliate
does not receive payment for the use of the Content by that End User.
7.8.Affiliates who are liable to
pay VAT must submit their VAT number to 12Ca$h. Affiliates without a
VAT number declare that they know that all payments that 12Ca$h makes
to them will be notified to the tax authorities at the end of the
7.9.Affiliates declare that they
know that they must file a tax return for income tax and/or
corporation tax. 12Ca$h may not in any way be held liable for any
failure to file a proper tax return on the Affiliate's part.
7.10.Paying visitors are registered
by means of the information from payments service providers. This
information is then provided to the Affiliate by way of statistics,
which may include an online function, an online invoice overview or a
webmaster monitor. The data shown therein are not in any way binding
for the final invoicing. Inaccuracies or differences that are the
result of rounding off, subsequent calculation and breakdowns are
7.11.If the payment service
provider cannot or is unwilling to pay 12Ca$h the revenue generated,
12Ca$h shall not be required to pay such revenue to the Affiliate as
long as it cannot be collected from the payment service provider.
7.12.If any act and/or omission of
the Affiliate in the use of the Service leads to or causes a fine or
any other financial measure to be imposed on or taken against 12Ca$h,
12Ca$h shall pass on the fine and/or financial measure to the
Affiliate in full. 12Ca$h is entitled to set off the fine and/or
financial measure against amounts owed by the Affiliate, in
accordance with article 7.13.
7.13.12Ca$h reserves the right to
set off any outstanding payments against amounts owed by the
8.1.The Affiliate may at any time
cease using the Service and remove his account. If an Affiliate
removes an Account, 12Ca$h shall immediately render the Account and
the Mobile Service inaccessible and remove the Affiliate's data and
any Affiliate Content within a reasonable period of time, unless
there are reasons to keep them for a longer period of time.
8.2.On removing an Account, the
Mobile Service including any Affiliate Content may following its
removal continue to be disclosed for a limited period of time via the
Website and/or third-party websites. 12Ca$h is not liable for any
damage resulting from or caused by this disclosure of the Mobile
Service and/or the Affiliate Content.
8.3.In addition to the other
(legal) remedies at 12Ca$h's disposal, 12Ca$h may at all times,
without giving reasons and without prior explanation, (temporarily)
restrict, suspend or discontinue the Affiliate's activities relating
to 12Ca$h, temporarily or permanently terminate and/or remove an
Account or Mobile Service, terminate the provision of services and
refuse to provide services to the Affiliate, specifically, but not
exclusively, if: (i) the Affiliate acts in breach of these General
Terms and Conditions; (ii) 12Ca$h takes the view that an Affiliate's
actions may cause damage and/or liability for 12Ca$h or other
8.4.The payments owed, as referred
to in Article 8, shall be paid to the Affiliate after the Service is
terminated in accordance with that article.
9.1.On creating an Account while
the Service is being provided and on visiting the Website, (personal)
data of the Affiliate shall be provided to 12Ca$h. These (personal)
data shall be processed in accordance with 12Ca$h's Privacy Statement
and the applicable laws and regulations. The Privacy Statement can be
9.2.Personal data of End Users that
12Ca$h receives via the Mobile Service become the property of 12Ca$h.
10.1.The IP rights relating to the
Service, including but not limited to the Website, the 12Ca$h Content
and the Tools, shall be vested in 12Ca$h and/or its licensors.
10.2.No provision in these General
Terms and Conditions shall be construed as an assignment or waiver of
any IP rights relating to the Service to the Affiliate.
10.3.The Affiliate in principle
retains the IP rights relating to the Affiliate Content he uses. The
Affiliate acknowledges and agrees that by making available /
uploading his Affiliate Content to 12Ca$h he automatically grants a
cost-free, worldwide, irrevocable, sub-licensable and transferrable
licence to 12Ca$h to use, communicate to the public and reproduce
this Affiliate Content insofar as it is related to providing the
10.4.The Affiliate warrants 12Ca$h
that he holds all the rights relating to the Affiliate Content and
that he is fully entitled to license the IP rights to 12Ca$h.
10.5.The Affiliate is at no time
entitled to register or apply for the registration of any right
relating to a work, design, drawing, trademark and/or trade name that
is identical or confusingly similar to any work, design, drawing,
trademark and/or trade name that is protected by an IP right
belonging to 12Ca$h. Thus the Affiliate may not use or file a domain
name that is identical or confusingly similar to any trademark, trade
name or other distinctive sign used and/or registered by 12Ca$h. Nor
may the Affiliate use any sign and/or word regarding which 12Ca$h may
exercise IP rights within the context of search engine optimisation,
such as registering Google Adwords.
11.1.The Affiliate accepts that the
Service, including in any event the Tools, Content and Website,
contains solely the functionality and other properties that the
Affiliate encounters when he starts using the Service ("as is
basis"). Thus 12Ca$h expressly excludes explicit and tacit
guarantees, undertakings and indemnifications of any kind, including
but not limited to guarantees, undertakings and indemnifications
regarding the quality, security, lawfulness, integrity and accuracy
of the Service.
11.2.More specifically, 12Ca$h does
not issue guarantees regarding the availability and functionality and
quality of the Affiliate's Mobile Services on mobile devices or the
availability and quality of the Content, including the availability
and/or the quality of the Content in different countries and/or in
11.3.The Affiliate acknowledges
that 12Ca$h is not a party to any agreement and/or any other (legal)
relationship on whatever ground between the Affiliate and the End
User. The Affiliate fully indemnifies 12Ca$h against any damage and
costs that 12Ca$h may suffer or incur as a result of any dispute
between the Affiliate and the End User.
11.4.The Affiliate is liable to
12Ca$h for and shall fully indemnify 12Ca$h against any damage and
costs that 12Ca$h may suffer or incur as a result of (i) any actions
of the Affiliate in the use of the Service, including but not limited
to the use of the Website, the Account, the Tools and/or the 12Ca$h
Content, publishing Affiliate Content, making available Content to
the End User, (ii) breach of these General Terms and Conditions,
(iii) an unlawful act of the Affiliate and/or any infringement by the
Affiliate of IP rights and/or any other rights of other Affiliates or
11.5.The Affiliate shall compensate
any costs and damage that 12Ca$h incurs or suffers in relation to
12.1.12Ca$h does not accept any
liability for financial loss and/or any other loss resulting from an
attributable failure in the performance of the Service, including but
not limited to damage resulting from or relating to the use of the
Service, the Website, the Content and/or the Tools or the
impossibility of using them and/or on account of an unlawful act or
otherwise, where this is permitted under mandatory law.
12.2.Notwithstanding article 12.1.
the Affiliate acknowledges and accepts that 12Ca$h holds no
responsibility whatsoever regarding the content and availability
Third Party Content, nor the consequences of using this Third Party
Content. The Affiliate shall direct any and all (alleged) claims it
has and/or receives regarding Third Party Content to the party from
which this specific content originates, which is displayed in the
12.3.If 12Ca$h is liable to the
Affiliate for damage on whatever ground, 12Ca$h shall be liable
solely for direct damage suffered by the Affiliate as a result of a
failure attributable to 12Ca$h to perform its obligations, on account
of an unlawful act or otherwise up to an amount not exceeding that of
the payments made by 12Ca$h to the Affiliate in the year preceding
that in which the event that caused the damage occurred. 12Ca$h's
overall liability, on whatever ground, shall at no time exceed EUR
250 (in words: two hundred and fifty euros).
12.4.Any liability on 12Ca$h's part
for indirect loss, including but not limited to consequential loss,
loss and/or damage of data, loss of profit and loss of revenue, loss
of savings, reduced goodwill, damage by business interruption and
damage as a result of claims from End Users is excluded. Also
excluded is liability on 12Ca$h's part on account of mutilation,
destruction or loss of information, data and/or documents and/or
damage through delays in the transmission of data traffic.
12.5.The restriction of liability
stated in this article applies equally to any indemnification
obligations that may lie with 12Ca$h.
12.6.This restriction of liability
is not however intended to exclude 12Ca$h's liability for intent
and/or gross negligence on the part of 12Ca$h itself ("own
actions") and/or 12Ca$h's managing board.
12.7.No right to damages shall
exist unless the Affiliate notifies 12Ca$h in writing of the damage
promptly after it has arisen. Any claim for damages against 12Ca$h
shall become extinguished by the mere lapse of twelve (12) months
after the claim has come into being.
13.1.These General Terms and
Conditions and the use of the Service and the Website is governed by
Dutch law. The Vienna Sales Convention (VSC) is expressly not
13.2.All disputes that may arise
between the Affiliate and 12Ca$h shall be submitted to the competent
court in the district of The Hague, unless mandatory law provides
that the dispute must be submitted to a different court.
13.3.12Ca$h may assign the rights
and obligations arising from these General Terms and Conditions to
third parties and it shall notify the Affiliate thereof.
12Ca$h takes your privacy very
seriously and takes state-of-the-art security measures that we
consider necessary to warrant the security and privacy or your
12Ca$h's Privacy Statement for the
use of its Services is shown on this page. We advise you to read this
Privacy Statement carefully. The words that are capitalised in this
Privacy Statement are defined in the General Terms and Conditions.
12Ca$h is a specialist mobile agency
that joins advertisers and publishers, owners of apps and websites,
intermediating and optimizing advertising.
In order to be able to use the
Service, the Affiliate must create an Account. In order to create an
Account, the Affiliate must provide 12Ca$h with certain information.
The Affiliate must in any event provide the following data:
12Ca$h requires certain information
to optimise the operation of the Service. 12Ca$h therefore collects
automatically generated information about user behaviour while the
Service is being used. This information consists of the IP address
(number of the computer by which the computer is recognised). Any use
that 12Ca$h makes of such information will at all times be
12Ca$h will use information about
you for the following purposes:
The Service may contain hyperlinks
which you use to exit the Service and enter another party's website.
12Ca$h has no control over and accepts no liability for services
and/or websites to which you are linked. Accordingly, a different
Privacy Statement may cover the use of these services and/or websites
of third parties. This 12Ca$h Privacy Statement covers solely the
(personal) data that are obtained via the Service and the Website.
12Ca$h does not accept any responsibility or liability for (the
operation and/or content of) services and/or websites of third
12Ca$h will take appropriate
technical and organizational measures to protect your (personal) data
against loss or against any kind of unlawful processing. 12Ca$h will,
inter alia, ensure that the storage of all personal data is properly
You may at all times access and, if
necessary, change your (personal) data in your Account or Profile.
you may submit a request to inspect all the data that 12Ca$h has
processed about you. Please send this request to
12Ca$h will reply to the request to inspect your data within four (4)
weeks. If, further to 12Ca$h's reply to the request for inspection,
you wish to change, correct or supplement this data and/or have it
removed or protected, you may submit a request to that effect to
12Ca$h. 12Ca$h will reply to this request within four (4) weeks. If
12Ca$h denies the request, it will state the reasons for doing so in
its notification. In order to properly attend your request, please
attach all your personal data (name, surname, postal address,
telephone, e-mail address and any other contact detail that we can
use to verify your identity and contact you) and a copy of you ID
card or a photo-ID. All our communications with you will be delivered
with the highest available reserve and confidentiality levels. Your
personal data will be duly and diligently processed, in accordance
with the provisions set forth in the Dutch laws.
This Privacy Statement can be
amended. These amendments are disclosed by means of the Service or by
sending you a notification.
If you have any questions regarding
this Privacy Statement please send an email to