Daisycon Legal
Algemene Voorwaarden voor Publishers
General publisher terms & conditions Daisycon B.V., Almere
Version: 15 Date: as of 19-09-2026- Definitions
- Article 1 – Registration and acceptance
- Article 2 – Use
- Article 3 – Commission/Rates
- Article 4 – Payment
- Article 5 – Ending the collaboration
- Article 6 – Consequences of ending the collaboration
- Article 7 – Liability
- Article 8 – Confidentiality
- Article 9 – Miscellaneous
- Article 10 – Privacy and Data security
- Article 11 – Applicable law and competent court
Definitions
- Advertiser: A natural or legal person who, through Publishers, grants Users access to its website, landing page or app, where Users can purchase products and/or services or obtain information, and who rewards the Publisher for referring the User or for the information provided, through Daisycon’s intervention;
- Advertisement Material/ Creatives/ Resources / Promotion Resources: Material made available by an Advertiser in the Daisycon system to a Publisher to promote the Campaign. These include, but are not limited to, banners, text links and product feeds.
- Affiliate Channel: the online marketing method used by a Publisher to promote an Advertiser’s Campaign. Examples of an Affiliate Channel are: websites, emails, advertising networks or social media;
- Affiliate Network: the service offered by Daisycon consisting on the one hand of mediation for the establishment of Campaign Agreements between the Advertiser and Publisher by placing the Advertiser’s campaign on its network and on the other hand, offering its network services to the Advertiser and Publisher in relation to the execution of the Campaign Agreement concluded by these parties;
- Campaign: the Affiliate Program, Lead campaign, CPC campaign or other promotion that the Advertiser sets out on the Daisycon Affiliate Network for specific products and services in relation to which he has concluded Campaign Agreements with Publishers;
- Campaign Agreement: the agreement between the Advertiser and Publisher which establishes the conditions, duration and terms under which the Publisher promotes the products and/or services indicated by the Advertiser via its Affiliate channel and where the Publisher reward is set. If the term or termination period has not been specified in the Campaign Agreement, a fixed term with a notice period of 2 (two) working days applies;
- Click: A visitor who arrives at the website of an Advertiser via a Publisher’s Affiliate Channel by means of a link provided by Daisycon;
- Commission/Remuneration: The reward that the Publisher receives and the Advertiser pays, for the agreement brought about via the Publisher or the contact between User and Advertiser, further described in Article 3 and Article 4.
- Daisycon: The limited liability company Daisycon, with registered premises at P.J. Oudweg 5, 1314 CH Almere, registered under VAT number 8090.84.855.B01 and Chamber of Commerce number 39.07.36.84.
- General Publisher Terms & Conditions: This document. Hereafter referred to as T&C;
- Network Agreement: The agreement between Affiliate Network and the Advertiser on the basis of which the Affiliate Network, on the one hand, mediates in establishing the agreement between Advertiser and one or more Publishers to participate in one or more Campaigns and on the other hand, the Affiliate Network facilitates the implementation of that agreement by, among other things, making available Advertising Materials, registering Views, taking care of Clicks and/or Transactions and organizing the administrative handling of payments.
- Publisher: the natural or legal person who promotes the product or service of the Advertiser on the basis of a Campaign Agreement via his Affiliate Channel. The Publisher is an independent entrepreneur or individual who cannot be regarded as an assistant of Daisycon. The publisher is also known as an Affiliate;
- Transaction: A Transaction is a purchase, a registration or some other action as described in the Advertiser’s program or the campaign which is carried out by a visitor or on behalf of a visitor on the Advertiser’s website, app or on a page within Daisycon’s network that is distributed for this purpose.
- User/Visitor: A natural person who finds himself on the Publisher’s Affiliate channel, or who arrives at the website or app of an Advertiser via a Publisher’s Affiliate channel by means of a link provided by Daisycon;
- View: A display of an Advertisement to a visitor;
Article 1 – Registration and acceptance
1.1 Applying to become a Publisher means that the Publisher accepts the General Terms and Conditions for Publishers and observes them. 1.2 In order to be registered as a Publisher, the applicant Publisher must:- Truthfully complete the entire application form;
- Confirm acceptance of the General Terms and Conditions for Publishers;
- Be 18 years or older.
Article 2 – Usage
2.1 Transactions, clicks and views must be consciously made by the User without any coercion, deception, or promises that are not in line with the campaign conducted by the Advertiser and the specified/registered media. It is not permitted to pay a User to generate Transactions without the express approval of Daisycon and/or the Advertiser. Judgement of this is at the discretion of Daisycon and the Advertiser. 2.2 The Publisher is only permitted to click on their own links when done as part of a test to ensure the link is functional. The Publisher is prohibited from using the Affiliate channel for personal gain by artificially generating clicks and transactions to receive commissions, such as obtaining additional discounts on a purchase. 2.3 The Publisher shall not create any misconception that the products and/or services are delivered by the Publisher but rather by the Advertiser. The Publisher shall not create any misconception that a possible offer is delivered by or on behalf of the Advertiser. The Publisher shall not create any misconception that the affiliate collaboration takes place through Daisycon’s network. Without explicit permission, the Publisher is not allowed to act as a reseller or intermediary to generate transactions and/or leads through telephone sales, street sales, or door-to-door sales. Such promotion is contrary to article 2.1 unless express written permission is granted by the Advertiser. 2.4 The Publisher shall be entitled to use the Advertiser’s name, any material specially provided by Daisycon exclusively for the purpose of affiliate programs or campaigns in a manner to be indicated from time to time by the Advertiser and at all times in accordance with the instructions issued by the Advertiser and Daisycon. A further condition is that no modifications shall be made to the material provided and that use of it shall not be misleading or damaging to the Advertiser and/or Daisycon. 2.5 Without prejudice to the provisions of Article 2.4, the Publisher shall respect the copyrights, trademark rights, and other exclusive rights of Advertisers, Daisycon, and third parties. The Publisher is not allowed to copy texts from third parties, translate them to or from another language. Images may only be used if they are royalty-free or if the respective rights have been additionally purchased, and permission has been granted for their use. 2.6 The Publisher shall only use the Material provided by the Advertiser for the purpose of the Advertiser’s Campaign at Daisycon and shall not make any modifications to it. 2.7 The information and data obtained through the use of Daisycon’s network may only be used by the Publishers themselves and only in the context of participation in the network. The provision of such information and data to any third party, as well as its use for other purposes, and in particular for the purpose of advertising, are strictly prohibited. 2.8 Daisycon will offer the Publishers Affiliate Channels to the selected Advertisers chosen by the Publishers. Upon registration, the Publisher must familiarize themselves with the Campaign conditions set by the Advertiser and comply with them. If applicable, the Publisher must accept additional conditions for participation in a specific Campaign. As long as the Publisher promotes the Advertiser, they are obligated to stay informed about changes in the Campaign conditions of the Advertiser. This information can be found in the Advertiser’s Campaign, through the Daisycon newsletter, promotion feeds, and other channels. The Publisher must also adhere to (inter)national legislation applicable to promotional activities, such as GDPR, advertising guidelines, and email marketing. Additionally, the Publisher must be aware of specific product-related regulations, such as financial products and services, medical products, or gambling and lotteries. The Publisher must also conform to any code of conduct applicable for certain media types, which can be found in the Publisher FAQ. 2.9 The products and/or services on the Advertisers’ Affiliate Channel may change on a regular basis. The Publisher shall ensure that the terms and conditions relating to the products and/or services which may be specified on its website and/or which are in its possession for promotional purposes are in accordance with the products and/or services appearing from time to time on the Advertiser’s website. 2.10 Transaction and click data may only be stored and/or processed by the Publisher for the purpose of more effectively promoting the respective Advertiser or for conducting analyses. The Publisher ensures that stored data is adequately secured and complies with applicable privacy guidelines and legislation. 2.11 The Publisher shall do its utmost best to inform its visitors about the Daisycon services they use. Therefore Publisher can use the standard text that is provided by Daisycon. You can find it here 2.12 Publishers are not allowed to use the provided Material and obtained data for actions and/or behaviors that violate applicable legal provisions, netiquette, guidelines of the Advertising Code Committee or other authorities, additional guidelines of Advertiser campaigns, code of conducts, the Campaign Agreement, or these T&C. These include, but are not limited to, the following actions and behaviors:- Sending unsolicited e-mails;
- Unsolicited and unwanted posting of a message in (closed) groups, newsgroups, social media pages, forums, or as a comment on blogs or (news) websites;
- Infringing on copyrighted works or otherwise acting in violation of the intellectual property rights of third parties;
- Deception and/or defrauding of third parties, for example, by consciously promoting incorrect information or falsehoods;
- Misuse of the texts, logos, brand names, or information of the Advertiser or falsely representing oneself as the Advertiser, which could harm the Advertiser;
- Offering rewards and/or discounts directly to Users for engaging in Transactions with Advertisers or calling for clicks without the express approval of the Advertiser. Promoting expired or non-existent promotion codes, reviews, or offers is also not allowed;
- Using the brand and/or trade name of Advertisers in search engines or keyword marketing is not allowed. The application of Ad Hijacking in search engines and keyword marketing is also not allowed;
- Targeting Visitors from countries that are not applicable to the advertiser;
- Intentionally masking or cloaking links with the aim of deceiving and the unsolicited ‘dropping’ of cookies is not allowed;
- If the traffic source or the method of generating traffic is not transparent, it is always in violation of our terms.
- Have a pornographic, offensive, or violent character;
- Promote information in a specific political affiliation or actively promote a particular position taken in a social discussion or a political issue that is imposed on third parties in this way;
- Discriminate based on race, gender, sexual identity or orientation, religion, or belief;
- Engage in, promote, or endorse illegal activities;
- Damage the good name and reputation of the affiliated Advertisers and/or Daisycon;
- Violate copyrights, trademark rights, or other rights of the Advertiser or any third parties.
Article 3 – Commission/Rates
3.1 The Publisher may claim commission, provided that:- These commissions are generated in a regular manner and are not in violation of the T&C, the specific terms in the Campaign Agreement, or the principles of fairness;
- The Advertiser has fulfilled its payment obligation for the Transaction to Daisycon. The only exception is when the Publisher utilizes advance payment as referred to in Article 4.7(a).
- The allocation and approval of the compensation to the Publisher have occurred. In cases where a User returns or cancels the service or product, the Advertiser may decide that the Publisher is not entitled to the Commission for that Transaction. The Publisher will not receive a Commission for this specific Transaction.
- Daisycon has registered a View or Click via the Publisher’s Affiliate Channel, and there is compensation associated with each View or Click.
- Products and/or services that a User has purchased or requested on one or more of the Advertiser’s sites have been registered by means of a link on the Publisher’s website or in a Publisher’s e-mail or by means of keyword marketing activities;
- Products and/or services that a User has purchased or requested from one or more Advertisers have been achieved and recorded through the Publisher’s promotion.
Article 4 – Payment
4.1 The payment of the Commission depends on the payment method selected by the Publisher. By default, this will take place monthly around the 15th day, to the IBAN bank account specified by the Publisher. In case the sum of the Commissions for a payment period (month) does not reach the payout threshold, as seen in MyDaisycon, no payment will be made in that particular month, and the Commission will be accumulated. Payment will occur in the month when the payout threshold is reached. 4.2 The applicable payout threshold, including any threshold applying to payments to bank accounts outside the EU, is as set out in the Publisher’s account (MyDaisycon). If the Commission for a payment period does not reach the applicable threshold, no payment will be made in that period and the Commission will be accumulated until the threshold is reached. Transaction costs or conversion fees for non-Euro payments will be deducted from the payment, with the exception of a few countries. These exempt countries are listed in the FAQ. 4.3 The total Commission earned by the Publisher through participation in various Campaigns will be paid by Daisycon at the end of each payment period. No interest is paid on Publisher balances. 4.4 Daisycon is entitled at any time to set off what it owes to Publishers against any amount Daisycon has to claim from the Publisher for any reason. 4.5 Remaining balances of Publishers will be paid out to the Publisher upon termination of the agreement, provided the balance is at least the payout threshold. 4.6 If no balance is earned for 1 (one) year, the Publisher’s account may be terminated. The decision for further extension of the agreement is at the discretion of Daisycon. If the balance does not reach the payout threshold within 3 (three) years, the account will be closed, and the balance will not be paid out. The Publisher has the option to submit a written request for an agreement extension within one month after termination. 4.7 The Publisher may opt for one or more additional payment services, which Daisycon is not obliged to offer: A. Advance payment: Daisycon pays out Commissions for approved Transactions before the Advertiser has settled the corresponding amounts with Daisycon. Advance payment does not in itself transfer the risk of non-collection; unless combined with a payment guarantee under (b), Commissions paid in advance remain subject to reclaim under Article 3.7 should the Advertiser’s invoices prove uncollectible. B. Payment guarantee: in addition to advance payment, Daisycon may assume the risk of non-collection from the Advertiser. Commissions covered by a payment guarantee shall not be reclaimed on the ground that the Advertiser’s invoices proved uncollectible, without prejudice to Article 3.6. 4.8 Daisycon reserves the right to withhold a one-time administrative fee as set out in the Publisher’s account (MyDaisycon) from the Publisher’s balance. This fee is applied to cover the costs of mandatory Know Your Customer (KYC) procedures, identity verification, and bank account validation. This fee is deducted from the first payout and, where significant updates to the Publisher’s financial information require renewed verification, upon such update.Article 5 – Ending the collaboration
5.1 Daisycon is at all times entitled to terminate the collaboration with a Publisher for reasons at its discretion, with a notice period of 2 (two) working days. The Publisher is at all times entitled to terminate the collaboration with Daisycon for reasons at their discretion, with a notice period of 2 (two) working days. 5.2 Notwithstanding its other rights, Daisycon, acting on behalf of Advertisers, is entitled to terminate the collaboration with the Publisher immediately in case:- The Publisher fails to fulfill its obligations or acts in violation of the T&C;
- The Affiliate channel of the Publisher, according to the judgment of the Advertiser or Daisycon, could violate public order or morals, or be in any way offensive or violent;
- Advertiser or Daisycon could suffer damage in any way;
- The Publisher acts unlawfully towards the Advertiser, Daisycon, and/or third parties in the context of a Campaign;
- The traffic or method of the Publisher is no longer desirable for the Advertiser’s campaign, or when the Affiliate channel no longer aligns with the Advertiser’s wishes and objectives;
- If the Publisher has not conducted active promotion (no clicks and transactions) within a period of 90 days, the Advertiser reserves the right to remove the Publisher from the campaign. Daisycon will not inform the Publisher in advance of the cancellation or withdrawal of participation in the campaign. Daisycon reserves the right to, at its discretion, change these rules regarding cancellation and withdrawal.
- The discontinuation of the Campaign by the respective Advertiser;
- The termination of the Network Agreement between Daisycon and the Advertiser.
Article 6 – Consequences of ending the collaboration
6.1 In the event that the collaboration with the Publisher is ended, for whatever reason, then:- The link(s) will be disconnected;
- Daisycon is entitled to block the Publisher’s access to the Daisycon Network;
- The Publisher, without prejudice to the provisions of article 6.2, cannot claim (any longer) any Commission.
- The Publisher will immediately remove from its website and/or return all links and/or material provided by the Advertiser and/or Daisycon;
- The Publisher is no longer authorized to use the name of the Advertiser or Daisycon.
- The Publisher is not allowed to re-register with another account, under a different name, or through another Affiliate channel if fraud is determined. This includes continuing promotions via other (third-party) channels.
Article 7 – Liability
7.1 The Publisher is fully responsible and liable for the development and maintenance, functioning, and content of their Affiliate Channel. The Publisher is liable for any damages incurred by Daisycon or the Advertiser due to any shortcomings of the Publisher. 7.2 Daisycon is never liable for direct or indirect damages and/or costs incurred by the Publisher in connection with participation in the Campaign. 7.3 The Publisher ensures compliance with all obligations under the legislation and indemnifies Daisycon against any claims in this regard. 7.4 Daisycon is not liable for the Material provided by the Advertiser; it remains the responsibility of the Publisher to include and/or distribute it. If Daisycon is held liable by third parties for the content of the Material, the causing Publisher assumes full liability for Daisycon and indemnifies Daisycon accordingly. The costs incurred by Daisycon in connection with third-party liability, such as legal fees, will be fully reimbursed by the Publisher. 7.5 Daisycon is not liable for the quality and usability of the goods and services purchased by Users, nor for any infringement of third-party rights. 7.6 Daisycon commits to providing the Publisher with insights through its websites regarding:- Applications for admission to the Campaign of the Advertiser;
- Clicks and Transactions generated for the Advertiser.