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AFFILIATE TERMS AND CONDITIONS FOR THE AFFILIATE PLATFORM

Version: January 2023



SIGNIFY NETHERLANDS B.V., situated in Eindhoven, High Tech Campus 48 (5656 AE), registered in the Netherlands Chamber of Commerce (KVK) under the number 17061150 offers Publishers the opportunity to generate income by placing a link on their website, which therefore redirects third parties to the webpage(s) of Signify. This link will be placed under the so-called ‘’Affiliate Program’’.

The AFFILIATE TERMS AND CONDITIONS FOR THE AFFILIATE PLATFORM (hereinafter referred to as ‘’Affiliate Terms and Conditions’’) apply to the Affiliate Program.

BACKGROUND:

Signify offers an Affiliate Program (a white label from Tradedoubler) via www.affiliates.philips-hue.com, which offers Publishers the opportunity to generate revenue by redirecting to one or more Signify Websites.

In order to use the Affiliate Program, the Prospect must agree to these Affiliate Terms and Conditions. Please read these Affiliate Terms and Conditions carefully.

When the Prospect clicks on the button 'create account', it states that he or she has carefully read and accepted these Affiliate Terms and Conditions. The moment an account is created, Signify will determine whether the Prospect can participate in the Affiliate Program and thus become a Publisher. In addition to these Affiliate Terms and Conditions, specific Program Terms and Conditions will also apply to various campaigns.

PROVISIONS

1. Definitions
   

• Affiliate Program: a program, offered by Signify whereby one or more Publishers place a link on their Publisher Website or in their Publisher Inventory, which redirects third parties to the linked Signify Website(s);
  
• Affiliate Terms and Conditions: these terms and conditions a Prospect must agree upon before becoming a Publisher and being able to use the Affiliate Program. And which must be complied with after being accepted as a Publisher.
  
• Artificial Traffic: a collective term for invalid Clicks, Leads and Transactions, which may include, but are not limited to, automatic openings (pop-ups, spiders, spam, script generators, posting links on websites other than those approved, cookie stuffing, misuse of adware, domain squatting, use of automatic click tools or traffic sources, robots or other deceptive software, or misuse of pop-unders). Artificial Traffic can also indicate Clicks that are not generated within a browser or Clicks that are not the result of an active action by a Unique Visitor
  
• Click: a click from a Unique Visitor on a Link;
  
• Commission: the amount that the Publisher receives based on clicks as calculated in accordance with the Program Terms and Conditions;
  
• Content: videos, audio (for example music and other sounds), graphics, images, photos, text (such as scripts), interactive features, and other materials that are made available by Signify as part of a Program and that may be protected by Intellectual Property Rights; 
  
• Control, Controlled or Controlling: the controlling company, firm or entity directly or indirectly holds 50% or more of the nominal value of the controlled company, firm or entity’s issued share capital or ownership interest and/or 50% or more of the controlled company, firm or entity’s voting power at general meetings and/or has the power to appoint a majority of the controlled company, firm or entity’s directors and/or to otherwise direct the controlled company, firm or entity’s activities;
  
• Data: information relating to (employees or customers of) the Publisher, which is provided to Signify and/or Signify’s designated third parties under the Affiliate Program;
  
• Intellectual Property Rights: This includes, but is not limited to, (i) rights in patents, registered designs, design rights, trademarks, copyrights, database rights, moral rights, trade and company names including the benefit of all registrations and applications to register (ii) rights in the nature of unfair competition and the right to sue in the circumvention of these rights; (iii) all trade secrets, confidentiality and other proprietary rights including all rights to knowledge and other technical information, and (iv) similar rights or rights similar to those above, wherever they exist in the world;
  
• Lead: a Unique Visitor who has landed directly via a Link on a Linked Signify Website from the Publisher Website or the Publisher Inventory, and who has performed a certain action such as registering as a user on the Linked Signify Website
  
• Link: a link on the Publisher Website or in the Publisher Inventory that redirects to the Linked Signify Website
  
• Linked Signify Website(s): a Signify Website to which, after approval from Signify, the Publisher has placed a link on the Publisher Website or in the Publisher Inventory;
  
• Program: a specific campaign determined by Signify, the specifications of which are included in the in the Program Terms and Conditions;
  
• Program Terms and Conditions: the conditions, in additions to the Affiliate Terms and Conditions, that Signify sets for specific campaigns;
  
• Prospect: the (legal)person or company that wishes to become a Publisher;
  
• Publisher: the (legal) person or company that has been accepted by Signify to participate in the Affiliate Program;
  
• Publisher Interface: www.affiliates.philips-hue.com the interface for Publishers that can be accessed by Publishers and Signify. The Publisher Interface is set up by Tradedoubler and managed by Signify;
  
• Publisher Inventory:materials owned, or controlled by, the Publisher and which are not Publisher Websites. These materials may contain links, such as email correspondence and communications through a SEA campaign or ad network;
  
• Publisher Website: a website owned, or operated, by the Publisher. And on which the Publisher has posted Links, various optimizations for mobile browsing, along with mobile applications available for download;
  
• Signify:=10.0pt Signify Netherlands B.V. and/or any Signify Affiliate, as the case may be;
  
• Signify Affiliate(s): Signify and each company, firm and legal entity which now or hereafter is: (i) Controlled by Signify, (ii) Controlling Signify (iii) under common Control with Signify;
  
• Tradedoubler: Tradedoubler AB, 556575-7423, c/o WeWork, Regeringsgatan 29, 111 51 Stockholm, Sweden. Tradedoubler provides the technology on which Affiliate Program is built;
  
• Unique Visitor:any person who, for the first time during a specified time frame, visits a Linked Signify. Website;
  
• Signify Website(s):the website(s) owned and operated by, Signify (Signify) and located at http://www.philips-hue.com
  
• Traffic:a collective term for Clicks, Leads and Transactions with the exception of Artificial Traffic;
  
• Transaction(s): an agreement confirmed between Signify and a Unique Visitor to purchase a product or have a service delivered by Signify to that Unique Visitor, which agreement confirmation is the direct result of a Click.
  

 

1. Application
   

2.1         A Prospect who wishes to become a Publisher, may apply for the Affiliate Program in the manner set out in section 3.
2.2         By applying for the Affiliate Program and clicking on the “create account” button, the Prospect agrees to the Affiliate Terms and Conditions.  
2.3         The application of the Prospect must be done by a (natural) person of legal contracting age or a duly authorized representative if a legal entity.

1. Registration of the Prospect and acceptance by Signify
   

3.1         In principle, the registration for the Affiliate Program (www.affiliates.philips-hue.com) proceeds as follows:

• the Prospect has reviewed the Affiliate Terms and Conditions;
  
• the Prospect applies for the Affiliate Program by clicking on the ‘create account’ button; and
  
• the Prospect provides Signify with certain information.
  

3.2t         Signify has the discretionary right to accept or reject the Prospect’s application.
3.3         Signify may ask the Prospect for additional information before deciding to accept the Prospect to the Affiliate Program.

Payment terms

5.1 The terms and conditions for calculation and payment of the Commission may vary from Program to Program and are set out in the Program Terms and Conditions.
5.2 The Publisher agrees to self-billing. Meaning that Tradedoubler will prepare the Commission invoice on behalf of the Publisher, and that the Publisher will be paid based on the invoice prepared by Tradedoubler. VAT (if applicable) will be added to the Commission shown in the Publisher Interface, unless otherwise stated in the Program Terms and Conditions.
5.3 The Publisher's Commission will be paid by Tradedoubler latest within 60 (sixty) days from the last sale for the specific month.
5.4 The Publisher must meet the following terms and conditions in order to be eligible for a Commission payment:
a) The Publisher Website or Publisher Inventory has generated Traffic;
b)  Tradedoubler has received payment from Signify for the approved orders of the relevant period in respect of the Affiliate Program for which the Publisher has applied.
5.5 The Commission is calculated on the total Traffic and/or sales generated by the Publisher up to approval date. No interest is owed on (combined) amounts.
5.6 Payment of the Commission is made directly to the account number specified by the Publisher in the Publishers Interface. Signify is never liable for an incorrect payment as a result of incorrect or incomplete data entered by the Publisher.
5.7 The Publisher is responsible for the payment of all taxes, national insurance and similar matters related to the Commissions. Tradedoubler may be required or entitled to withhold certain taxes under applicable laws and regulations, including but not limited to withholding tax.

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