1. Definitions
- "Adcure" means Adcure Agency, Beneluxlaan 59, 2871 HE Schoonhoven, the Netherlands, KvK 89821211, VAT NL003924266B58, the operator of the affiliate programme.
- "Affiliate" means the person or business that has been accepted into the programme and has accepted these Affiliate Terms.
- "Referral Link" means the unique link or code that Adcure assigns to the Affiliate.
- "Referred Client" means a new business client that signs up with Adcure through the Referral Link and is attributed to the Affiliate in Adcure's records.
- "Qualifying Payment" means a Subscription fee (Starter, Growth or Advanced) that a Referred Client has actually paid to Adcure, excluding VAT, and that has not been refunded, reversed or disputed.
- "Commission" means the remuneration described in section 4.
2. Enrolment
Participation requires an application through the affiliate registration page and acceptance by Adcure. Adcure may accept or refuse an application at its discretion and without giving reasons. The Affiliate must provide accurate legal name, address, email address, bank details and, where applicable, Chamber of Commerce and VAT numbers, and must keep them up to date. Affiliates take part in the programme as independent parties; nothing in these terms creates an employment, agency, partnership or franchise relationship, and the Affiliate may not make commitments on behalf of Adcure.
The Affiliate is responsible for any tax, social security or reporting obligations that arise from Commission it receives.
3. Referral tracking and attribution
A new client is attributed to the Affiliate if the client signs up with Adcure through the Referral Link and Adcure's tracking system records the referral. Attribution is determined by Adcure's records, which are decisive except in case of manifest error. A client is attributed to one affiliate only, being the affiliate whose Referral Link was used at signup. Clients that already have an account with Adcure, that have previously been in contact with Adcure about a subscription, or that sign up without the Referral Link, are not attributed, unless Adcure agrees otherwise in writing. Adcure may correct attributions that result from technical errors, fraud or breach of these terms.
4. Commission
The Affiliate earns a Commission of twenty percent (20%) of each Qualifying Payment made by a Referred Client during the twelve (12) months following the date of that client's first paid invoice. After those twelve months no further Commission is earned for that Referred Client, even if the client remains a subscriber.
Commission is calculated only on Subscription fees. No Commission is paid on advertising budget deposits, Top-ups, Service Fees, one-off charges, taxes, or on payments by clients that are not Referred Clients. Commission is calculated on the amount actually received by Adcure after any discounts and excluding VAT.
Adcure may run promotional periods with different rates; these will be announced in writing and apply only for the announced period.
5. Reversals and deductions
Commission is earned provisionally when a Qualifying Payment is received and becomes final sixty (60) days later. If a payment on which Commission was calculated is refunded, charged back, disputed or otherwise reversed, or if the Referred Client is found to be in breach of the Terms of Service or to have been referred in breach of these Affiliate Terms, the corresponding Commission is reversed. Commission that has already been paid out is deducted from future payouts or, if no further payouts follow, must be repaid to Adcure on request.
6. Payouts
Commission that has become final is paid out monthly, provided the balance is at least fifty euros (€ 50). Balances below the threshold are carried forward to the following month. Payouts are made by bank transfer to the bank account in the Affiliate's name that is registered in the affiliate dashboard; Adcure does not pay to third-party accounts. Adcure may withhold a payout while it investigates suspected breach of these terms, and may ask the Affiliate to verify its identity or bank details before the first payout.
7. Self-billing
By accepting these terms the Affiliate agrees that Adcure issues the invoices for the Commission on the Affiliate's behalf (self-billing), in accordance with article 224 of the EU VAT Directive (2006/112/EC) and the Dutch Turnover Tax Act 1968. Under this arrangement:
- Adcure issues a self-billing invoice for each payout, stating "invoice issued by recipient" (factuur uitgereikt door afnemer), a sequential number, the date, the Commission amount, the VAT treatment and the identification of both parties;
- the Affiliate will not issue its own invoices for Commission covered by the self-billing arrangement;
- the Affiliate is deemed to have accepted a self-billing invoice unless it objects in writing within fourteen (14) days of receipt;
- the Affiliate must inform Adcure immediately of any change in its VAT status, VAT number or business details, and remains responsible for accounting for any VAT due on the Commission;
- both parties keep the self-billing invoices for at least seven (7) years;
- either party may end the self-billing arrangement with thirty (30) days' written notice, after which the Affiliate invoices Adcure itself for future Commission.
Affiliates that are not registered for VAT or that apply a small business exemption are invoiced without VAT; the Affiliate is responsible for informing Adcure of its status.
8. Permitted and prohibited promotion
The Affiliate may promote Adcure on its own websites, social media channels, newsletters and in direct conversations with businesses, using the Referral Link and the marketing materials Adcure makes available. The Affiliate must clearly disclose that it receives a Commission where the law or a platform requires this.
The Affiliate must not:
- refer itself, its own businesses, its owners, employees or family members, or businesses under common control (self-referral);
- make misleading, exaggerated or unsubstantiated claims about Adcure or its Services, including claims about guaranteed results, guaranteed approval by platforms or "unbannable" accounts;
- send unsolicited commercial email or messages (spam), or post the Referral Link in places where this is not allowed;
- run paid search or paid social advertisements that target the name "Adcure", "Adcure Agency", its misspellings or its domain names as keywords, or that use them in ad copy or display URLs;
- register domain names, social media handles or business names that contain "Adcure" or are confusingly similar, or present itself as Adcure or as an official representative;
- use cookie stuffing, forced clicks, iframes, redirects that hide the referral, or other techniques that create attribution without a genuine referral;
- offer cash-back, rebates or other incentives funded from the Commission without Adcure's written approval;
- promote Adcure on websites containing unlawful, deceptive or adult content, or in connection with activities that violate the policies of Meta, Google or TikTok.
9. Brand use
Adcure grants the Affiliate a revocable, non-exclusive licence to use Adcure's name, logo and approved marketing materials solely to promote Adcure under these terms. The Affiliate may not alter the materials or use them in a way that damages Adcure's reputation. All intellectual property rights remain with Adcure, and the licence ends when the Affiliate leaves the programme.
10. Term and termination
These terms apply from acceptance until terminated. Either party may terminate the participation at any time with thirty (30) days' written notice. Adcure may terminate with immediate effect if the Affiliate breaches section 8, provides false information, harms Adcure's reputation or is inactive for twelve (12) months.
On ordinary termination, Commission that has become final is paid out in the next payout run, also if the balance is below the threshold. Commission on payments received after the termination date is not earned, except for payments already in the twelve-month window of an attributed Referred Client that fall due within thirty (30) days after termination. On termination for breach, unpaid Commission is forfeited to the extent it relates to the breach, and Adcure may reverse Commission already paid in respect of referrals obtained in breach of these terms.
11. Liability
Adcure's total liability towards the Affiliate under or in connection with the programme is limited to the Commission paid to the Affiliate in the three (3) months preceding the event giving rise to the claim. Adcure is not liable for indirect or consequential damage, including lost profit, or for the unavailability of the tracking system, except in case of intent or deliberate recklessness of Adcure. The Affiliate indemnifies Adcure against claims of third parties that arise from the Affiliate's promotional activities or breach of these terms.
12. Changes
Adcure may amend these terms. Material changes, including changes to the Commission rate or duration, are announced by email at least thirty (30) days in advance and apply only to referrals made after the change takes effect; Commission for Referred Clients already attributed continues under the terms in force at the time of their signup. An Affiliate that does not agree may terminate before the change takes effect.
13. Governing law and jurisdiction
These terms are governed by the laws of the Netherlands. Disputes are submitted exclusively to the competent court of the District Court of The Hague (Rechtbank Den Haag), unless mandatory law provides otherwise. These terms are available in English and Dutch; the English version prevails in case of any difference in interpretation.
14. Contact
Adcure Agency, Beneluxlaan 59, 2871 HE Schoonhoven, the Netherlands. Affiliate questions: hello@adcure.agency. Payout and invoice questions: service@adcure.agency.