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bunq Terms
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Your obligations These terms and conditions (“Terms”) are applicable to your participation in the bunq Affiliate Program (“Program” or “Affiliate Program”). This is a binding legal agreement (“Agreement”) between you (the “Affiliate”, “You” or “Your”) and bunq B.V. (“bunq”), with its corporate seat in Amsterdam and address at Basisweg 32, 1043AP, Amsterdam. Parties shall hereinafter also be referred to individually as the “Party” and jointly as the “Parties”. 1. General 1.1. As an Affiliate, You will generate leads by directing traffic from your website or platform to the bunq app in the Apple Store or the Google Play Store or to our website, www.bunq.com, and its subdomains and referring potential users to bunq. 1.2. In order to accurately keep track of all leads and traffic to bunq You generate from Your website or (social media) platform, You will need to use tracking links provided by bunq on the affiliate platform for all bunq-related outings. You can request more tracking links in addition to the links that come with the offer(s) by sending an email to affiliates@bunq.com. 1.3. The maintenance and the updating of your website and/or platform is Your responsibility. bunq may monitor your activities, website and platform to ensure that it’s up-to-date. Based on this monitoring, we may notify you of any changes that could enhance your performance. You will cooperate with bunq to review your activities as part of the Affiliate Program. 1.4. You may only use bunq-creatives and designs explicitly provided or approved by bunq. You may not use bunq branding on Your website, platform or in your messages, except for branding that has been provided by bunq. bunq retains the right to demand that certain creatives and designs be taken down if they are not in line with the regular bunq branding. 1.5. You will act in line with all applicable laws as well as all relevant codes of conduct, practices and procedures relevant to the financial industry. 1.6. You may not use bunq tracking links provided by bunq for any purpose other than allowed in the Terms or any applicable laws. 1.7. These Terms do not constitute an employment agreement or partnership agreement between You and bunq. 1.8. You may not compete with bunq for keywords in possession or in the interest of bunq. This includes, but is not limited to, keywords in popular search machines, such as Google and Bing. bunq reserves the right to decide which keywords are in its interest. These keywords include, for example, any keyword including the term ‘bunq’ (e.g. bunq Travel, bunq account but also bank bunq), any of bunq’s products or misspellings of these terms. 1.9. Please ensure that third parties do not get the impression that Your content is official bunq content. Whether or not this is the case is to be decided by bunq. Also, ensure that all content relating to bunq contains accurate and up-to-date information and does not contain any (spelling) errors. 1.10. Affiliates who wish to promote bunq via third parties will be classified as Networks. Networks are directly responsible for the materials, methods and channels of advertisement of their third party affiliates. Networks are not allowed to offer a higher CPA to their third parties than the CPAs indicated in Annex 1 of this Agreement. 1.11 Affiliates who wish to promote bunq’s Cryptocurrency offering whether directly or through third parties must also, in addition to the other terms set out herein, abide by the guidelines in Annex 3. 2. Compensation 2.1. As a bunq Affiliate, bunq will compensate you in accordance with the Payout Details from Annex 1 for generating leads by directing traffic from your website or platform to the bunq app in the Apple Store or the Google Play Store or to our website, www.bunq.com, and its subdomains and referring potential users to bunq. 2.2. Please refer to the Payout Details for the exact details regarding compensation. The Payout Details can be found in Annex 1. 2.3 bunq may change the payout structure set out in Annex 1 when needed. Any such change will be communicated to the Affiliate in writing at least ten (10) calendar days before it comes into effect. If the Affiliate does not agree to the revised payout structure, the Affiliate may send feedback or terminate this Agreement by providing written notice to bunq before the effective date of the change. Continued participation in the Program after the effective date will be deemed acceptance of the revised payout structure. 3. Confidentiality 3.1. You will treat any information received from bunq relating to bunq’s business and software with full confidentiality, both during and after termination of this Agreement. 3.2. Such information may not be disclosed, in full or in part, to any other person, firm or organization without prior written authorisation from bunq. You may use such information only when performing your obligations under this agreement. 3.3. Upon termination of this Agreement, you will remove all such information from non-bunq systems and destroy any copies thereof within 48 hours after termination. 4. Intellectual Property 4.1. bunq retains full ownership of all its intellectual property rights, registered or unregistered, or any other protection of a similar nature. 4.2. For the term of this Agreement, bunq grants You a non-exclusive, royalty free license to use its trademarks in the execution of this Agreement, as long as they are used in accordance with bunq’s branding guidelines and instructions. This license can be revoked by bunq at any time and shall automatically end in case this agreement is terminated for whatever reason. 5. Protection of Reputation 5.1. You will take no action which is intended to or which can reasonably be expected to disparage or harm bunq or its reputation or which would reasonably be expected to lead to unwanted or unfavorable publicity for bunq. This includes, but is not limited to, not posting content that (i) is illegal, (ii) infringes upon the personal rights or intellectual property of any third party, or (iii) is harmful, sexually explicit, harassing or promotes violence, discrimination or otherwise contains materials that could reasonably be considered objectionable. 6. Penalty 6.1. In case of a violation of provisions 3, 4 or 5 of this Agreement, You will, upon a written notification from bunq containing evidence of such violation, be liable for 3 a penalty of €10.000 for each violation. bunq does not have to prove any losses or damages. This provision is without prejudice to the right of bunq to claim damages if there are grounds for doing so and does not imply full and final settlement (‘finale kwijting’). 7. Duration and Termination 7.1. These Terms shall take effect on the date that they are accepted by You and they shall remain valid until further notice. Both parties may terminate at any point in time. In doing so, they must adhere to a notice period of one (1) month. 7.2. Notwithstanding provision 7.1, bunq is entitled to terminate this Agreement with immediate effect if you violate this Agreement or are not able to meet the conditions or any of your obligations as described in this Agreement. 7.3. In case of termination of this Agreement, You must remove all content relating to bunq and the Affiliate Program as soon as possible but in any event within 48 hours after termination. 7.4. If any provision of these Terms proves to be invalid or void, the other provisions shall remain unaffected by this and shall remain fully effective. 8. Amendment 8.1. bunq may vary or amend these Terms at any time by giving You notice. If you don’t agree to such amendment or variation, you may exit this Agreement with a notice period of one (1) month. 9. Limitation of liability 9.1. In no event shall bunq be liable to You for any losses or damages, whether indirect, incidental, special, personal or consequential, including but not limited to, loss of profits or loss of business opportunity, even if such losses or damages were foreseeable and whether or not bunq had been advised of the possibility of these losses or damages. 9.2. The liability of bunq will be limited to and will not exceed the amounts paid to You by bunq in commissions during the six months immediately prior to the claim. 9.3. If You become aware of damages and/or losses that You want to claim from bunq, you are required to do so within a reasonable time. Any failure to provide notice to bunq within such reasonable time will automatically lead to bunq not being liable. 10. Mutual indemnification 10.1. Each Party hereby agrees to indemnify and hold the other Party harmless from any and all claims, demands, costs, liabilities, losses, expenses and damages based on (i) any misuse by You or any party under Your control, (ii) any claim relating to your content posted in relation to this Agreement, and (iii) any failure or breach of this Agreement. 11. Applicable law 11.1. This Agreement is exclusively subject to Dutch law. 11.2. The courts of Amsterdam shall have exclusive jurisdiction in case of any dispute. Annex 1 - Payout Details 1. Standard CPA Commission Structure (applies unless separate agreement has been reached) Any Personal account registered (Account Verified) €35 Any Business account subscription started €60 The above CPA is applicable to new account signups in the Netherlands, Germany, France, Spain, and Ireland (based on the conversion’s IP address.) Conversions that occur outside of these countries will not be compensated by bunq, unless specified otherwise. 2. Payment conditions 2.1. bunq will compensate you for each Qualified User. For a referral to be considered a Qualified User, the following conditions are met: 2.1.1. The referred user has downloaded the bunq app from a direct referral from your website or platform, has successfully signed up and verified their bunq account; 2.1.2. the referred user is not already a bunq customer and has not already been referred by another Affiliate; 2.1.3. you have not breached any of the requirements or your obligations under these Terms or applicable laws. 2.2. Furthermore, the Qualified User: 2.2.1. is not a robot, computer script or other automated or artificial method; 2.2.2. must complete the registration within the time-limit set by bunq; 2.2.3. may not later be determined by bunq to be fraudulent, incomplete, unqualified or a duplicate. 2.3. We reserve the right to charge back any amounts previously paid to you for the referral of Qualified Users if it is determined that the requirements mentioned in this Agreement have been breached. 2.4. bunq is exclusively authorized to determine if a Qualified User has successfully been registered and verified. This may not be manipulated by any means. 3. Payment terms 3.1. Payouts will be made monthly with a 10-day locking period and a payment term of fourteen (14) days. 3.2. If You are in the EU/EEA, payouts will be made only in EUR to an EU/EEA IBAN. The IBAN number/bank account must be under the same personal or business legal name as the one associated with Your affiliate account. 3.3. You are responsible for keeping Your billing information updated on the bunq Affiliate platform. 3.4. All default payout pricing in the offers are in EUR and include VAT. 3.5. After bunq has determined the amount that is to be paid out to You in correspondence with article 2 of this Annex, bunq will send an invoice to You. If you wish to dispute the invoice, you must do so within 14 days of the date on the invoice. If You do not dispute the invoice, you hereby agree that you irrevocably waive any claims based upon that invoice. Annex 2 - Privacy In order to enter into and maintain a business relationship with the Affiliate, bunq collects and processes personal data of individual contact persons (name, email address and phone number). Personal data will be retained for the period necessary in relation to the purpose for which it was collected or processed unless a longer retention period is required or permitted by law. You have the right to access your data and to request data correction or deletion if the data is inaccurate, incomplete or irrelevant to the purposes for which we process it. We keep personal data safe and never sell or rent it to third parties without permission. We may share it with trusted third party processors, which may be located outside Europe, to properly manage our relations with the Affiliate through the bunq Affiliate Platform. We make sure that third parties will handle Your personal data with the same care as we do. If You have any questions about the processing of personal data, please take a look at our Privacy Statement or contact our DPO at privacy@bunq.com. Annex 3 - Crypto Feature Promotion Compliance Regulated Advice: Affiliates must not provide regulated financial advice regarding crypto features unless they hold an AFM license. Disclosure Requirements: Affiliates must disclose all paid collaborations and sponsorships. Transparency about the partnership is mandatory. Affiliate Links: The use of affiliate links to brokers in promotions is permitted only if no advice is given, and the inclusion of disclaimers is required. Risk Warnings: Every promotional material must include clear, visible, and comprehensible risk warnings regarding the advertised crypto features when relevant. Paid Promotions: If affiliates engage in paid crypto promotions, they must include risk warnings and disclose the sponsored nature of the content. Misleading Claims: Affiliates must not make misleading claims, such as "get rich fast," as this breaches consumer and financial regulations. Accountability: Affiliates are accountable for their promotional content, and failure to comply with these guidelines could result in the termination of the affiliate agreement. Compliance with Laws: Affiliates must ensure their promotional activities comply with applicable laws, including Wft, MiFID II, and guidelines provided under the AFM Leidraad.
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