1. Legal Relationship
POS - Point of Sale SRL (hereinafter referred to as POS) offers its affiliate program (partner program) on Flirt.Cash to webmasters
(webmaster is the designation of the contracting parties of POS), providing them with the opportunity to generate revenues on a commission
basis through Flirt.Cash dating portals, which are billed by POS. The goal of the webmaster is to drive internet users to Flirt.Cash
offers through advertising or acquisition, so that they generate revenues by purchasing subscriptions and coins. Accordingly, the
webmaster receives a corresponding commission for their services. By ticking the box confirming acceptance of the general terms and
conditions and submitting the registration form of Flirt.Cash, the webmaster acknowledges the following general terms and conditions of
POS. Changes or additions to the general terms and conditions are possible at any time by POS and will be announced in the affiliate
system with a notice period of two weeks and additionally sent by email. If the webmaster does not expressly object within the
notification period, the new general terms and conditions will be deemed accepted and legally binding. POS reserves the right to terminate
the contract and close the webmaster's account in case of objection by the webmaster. A written objection against the amended terms and
conditions by the webmaster must be sent by registered mail or email to english_support@flirt.cash. If the webmaster is rightfully excluded
from the affiliate program due to circumstances within their responsibility, their entitlement to receive commission payments is also
terminated. This applies in particular in cases of contractual violations or if webmaster's websites display child pornography, bestiality
(pornography involving animals), depictions of violence, discriminatory statements, or representations based on race, gender, religion,
nationality, or disability, or if hyperlinks on their websites refer to other pages with such content. If a webmaster attempts to deceive
or defraud the affiliate program through misrepresentation of facts or fraudulent actions or in any other way cause harm, their right to
receive commissions is terminated. Any commissions already paid to the webmaster as a result of this or any other deception must be
immediately refunded to POS. Registration as a webmaster at Flirt.Cash is free of charge. The registration and cooperation with Flirt.Cash
is confirmed by the activation of personal access data by Flirt.Cash. However, there is no general entitlement to participate in the
webmaster system of Flirt.Cash.
2. Commission
POS pays the webmaster a monthly commission (on the 15th of the following month), which depends on the customers recruited by the
webmaster and the revenues generated from the respective offers, and provides a statement that can be viewed in the affiliate system. The
webmaster is responsible for keeping the statement for all other tax-related matters. Commission payments are made by bank transfer to
webmasters with a bank account connected to the IBAN system, free of charge. Other payment options may incur fees from the respective
payment service provider. Commission payments are always made net without value-added tax. Value-added tax is only paid to webmasters in
Hong Kong with appropriate evidence of VAT liability. If the minimum payout amount is not exceeded in a settlement period, it is
accumulated until it reaches €100.
2.1 Recurring Sales Commission
The webmaster receives a commission rate of at least 50% from Flirt.Cash. The commission is always calculated based on the net amount paid
by users or partners (payment providers, telephone carriers, etc.) to Flirt.Cash. The webmaster receives sales commission on all revenues
generated by the customers they have recruited. As long as the customer remains under the webmaster's assigned customer ID at Flirt.Cash,
the webmaster is compensated with sales commission. Referral of Webmasters by Webmasters Every webmaster can refer other webmasters. The
parent webmaster will receive a 5% commission on the net revenue generated by directly referred webmasters.
3. Liability
The webmaster is solely responsible for the content and operation of their websites and is especially obligated to keep their own websites
free from illegal, infringing, and/or offensive content. The webmaster fully indemnifies POS against any claims made against POS due to
the nature of the operation or content of the webmaster's own websites. Additionally, the webmaster bears sole responsibility for the
statements made in their promotion. The webmaster guarantees that all personal and company information provided is true and accurate, and
that they are of legal age and fully capable of conducting business according to the laws of their country. Intentionally providing false
information may result in civil legal action, immediate termination by POS, and withholding of accrued commission. Any changes in company
structure, beneficial ownership, or address must be communicated to POS within a period of 7 days. Furthermore, the webmaster assures that
all data from the affiliate system, as well as their statements, will be treated as strictly confidential and not disclosed to third
parties. The disclosure or publication of access data to the affiliate system, as well as statistics, statements, etc., is strictly
prohibited. The advertising materials provided by Flirt.Cash are protected by copyright and may only be used in their original form and
solely for the promotion of websites directly affiliated with the affiliate program. Any misuse will be subject to criminal prosecution.
POS explicitly states that any advertising activities by the webmaster are solely considered their own actions, and any unwanted
advertising or other activities (unfair competition) by the webmaster towards third parties are in no way supported, endorsed, promoted,
or allowed by POS. The webmaster is particularly obligated not to infringe on third-party copyrights and/or related rights, or engage in
any legally prohibited advertising measures. POS strictly prohibits the sending of unfair advertising through newsgroups, email
transmissions, SMS, MMS, messenger services, fax, or postal services, as well as through any other means of telecommunication. It is
explicitly stated that advertising measures must comply with the legal provisions of the country being promoted. Therefore, the webmaster
indemnifies POS from any disadvantages that may arise from claims by third parties due to damaging actions by the webmaster, whether
intentional or negligent. The webmaster is obligated to comply with all legal regulations and provisions in their country, as well as in
the country of POS and the potential customer. POS is free to impose additional restrictions on the webmaster, such as requiring the use
of the double-opt-in procedure. Furthermore, the webmaster is prohibited from sending advertising measures in which the actual sender
address is deliberately falsified or concealed. Additionally, advertising activities may not be conducted towards recipients who have not
explicitly consented to receiving them. Furthermore, a simple means of unsubscribing from such advertising measures must be provided to
potential customers. Should POS become aware of the sending of unfair advertising or be notified by third parties about the sending of
unfair advertising, the webmaster grants POS the right to disclose all personal data to law enforcement authorities upon judicial order.
In such significant cases, all legal and payment claims against POS are immediately forfeited. Additionally, in such a case, POS reserves
the right to demand a contractual penalty of EUR 1,000 for each instance of unfair advertising and, if necessary, initiate legal action
against the respective webmaster, as well as exclude the webmaster from partnering with POS indefinitely.
3.1. Liability of POS
POS operates its websites within the limits of technical possibilities and does not guarantee that its pages or the tools, billing
methods, or advertising materials provided to the partner will function continuously and without interruption. Except in cases of intent
and gross negligence, POS excludes all liability, including liability for damages. In this sense, POS specifically excludes liability for
consequential damages or indirect and direct damages and losses, including loss of profit. To the extent permitted by law, the liability
of POS is limited to €100. We reserve the right to discontinue the service of POS at any time without stating reasons and to change the
appearance of Flirt.Cash without stating reasons. The websites of POS and our services are provided without any representation regarding
availability, accuracy, and completeness. There is no entitlement to access Flirt.Cash. POS may not be available due to technical changes
to the server, change of provider, operational disruptions, power supply difficulties, force majeure, or other reasons, without any claims
arising against POS. Furthermore, POS disclaims any liability claims arising from its affiliated payment service providers and billing
partners.
4. Contract Duration
This agreement is entered into indefinitely upon the acceptance of POS's terms and conditions and can be terminated at any time by either
party without notice. Termination must be done in writing via email or registered mail. Upon termination of this agreement, all granted
rights of the webmaster to the advertising materials and tools provided by Flirt.Cash expire. The use of Flirt.Cash's advertising
materials to promote offers unrelated to Flirt.Cash is strictly prohibited. In case of a violation, a contractual penalty of €1000 becomes
due. Additionally, POS reserves the right to take legal action against the webmaster and pursue further claims for damages. The webmaster
confirms that they will take all necessary technical measures to ensure that no links exist between their websites and Flirt.Cash upon
termination of this agreement. Disadvantages resulting from the dissolution of the contractual relationship do not entitle the webmaster
to claim damages from POS in any form. Furthermore, after regular termination or premature dissolution of the contract for good cause, the
webmaster is not entitled to any compensation or indemnification claims of any kind from POS.
5. Data Protection
POS stores all legally required data of the webmaster electronically and, if necessary, in paper form during the duration of the
contractual relationship, as far as it is necessary for the fulfillment of the contractual purpose and for proof to authorities. POS
processes and uses the collected inventory data internally only for billing and support purposes for the webmaster. Upon request, POS will
provide the webmaster with complete and free information about the stored data, to the extent that it concerns the webmaster, and assures
that no data will be disclosed to third parties for advertising purposes, etc. The webmaster has no claim to delete their data in the
system as they must be retained for 10 years for tax reasons. After this period, the webmaster can request the deletion of their data from
POS. For more information, please refer to our privacy policy.
6. Severability Clause
If any provision of these terms and conditions is found to be invalid or unenforceable, it shall not affect the validity of the remaining
provisions. The parties are obligated to cooperate in order to replace the invalid or unenforceable provision with a valid and enforceable
provision that achieves the closest possible economic result to the invalid or unenforceable provision.
7. Law and Jurisdiction
For all eventualities, the laws of Romania apply. The place of jurisdiction is Romania. If the webmaster has their registered office or
residence abroad or has relocated abroad, POS is entitled to file a lawsuit at the general place of jurisdiction of the webmaster, if
necessary.
POINT OF SALE EUROPE LTD
