Last updated: September 17, 2026
Effective date: September 17, 2026
These Affiliate Terms & Conditions and Affiliate Program Operating Agreement (“Agreement”) govern participation in the Banditos Insiders Program (“Program”), operated by Dutch Business Sales Company B.V., trading as Banditos Exclusive Beverage under the Banditos Energy brand (“Banditos”, “Company”, “we”, “us”, or “our”).
This Agreement applies to every individual or legal entity that applies to join, is accepted into, accesses, or otherwise participates in the Program, including affiliates, insiders, ambassadors, creators, media partners, promotional partners, community representatives, crew members, influencers, and collaborators (each referred to as a “Participant”, “Affiliate”, “you”, or “your”).
By submitting an application to join the Program, expressly accepting this Agreement during registration, or continuing to participate in the Program on or after the effective date of an updated version after receiving reasonable notice of that update, you acknowledge that you have read and understood this Agreement and agree to be legally bound by it, to the extent permitted by applicable law.
Your participation is also subject to any Program rules, commission conditions, campaign-specific terms, promotional requirements, and platform notices that are expressly made available to you and stated to apply to your participation. Where you purchase products from, access, or otherwise use the Company’s online store or services, the Company’s applicable Terms of Service, Privacy Policy, Shipping & Delivery Policy, Return & Refund Policy, Beverage Safety Disclaimer, and other applicable policies also apply to that activity.
If a specific campaign, collaboration, event, creator arrangement, crew activity, or promotional project is governed by additional written terms expressly accepted by the Participant, those additional terms apply alongside this Agreement. In the event of a conflict, the specifically agreed terms prevail solely in relation to the activity they govern, unless expressly stated otherwise.
If you do not agree to this Agreement in its entirety, you may not apply for, access, or participate in the Program. If you no longer agree to this Agreement, you must discontinue your participation and notify the Company so that your Program account can be closed, subject to the provisions governing termination, validation, and final settlement.
The Banditos Insiders Program is an affiliate, ambassador, creator, referral, promotional, and community-based program connected to the Banditos Energy brand and its e-commerce, lifestyle, automotive, event, creator, and digital marketing activities. The Program may be offered in multiple countries or regions, subject to local availability, applicable law, and the Company’s approval.
The Program may include different participation categories, groups, tiers, or collaboration models, including insiders, affiliates, ambassadors, key ambassadors, creators, media partners, promotional partners, community representatives, crew members, automotive culture participants, and event collaborators. Different categories or groups may be subject to different eligibility requirements, commission structures, benefits, responsibilities, campaign conditions, or additional written agreements.
Participation is voluntary, non-exclusive, revocable in accordance with this Agreement, and conditional upon continued compliance with this Agreement, applicable law, disclosure obligations, platform policies, and any applicable Program or campaign rules.
Unless expressly agreed otherwise in writing, Participants participate as independent contractors and remain responsible for determining how, when, and where they conduct their promotional activities. Nothing in this Agreement is intended to create an employment relationship, agency relationship, fiduciary relationship, franchise, partnership, joint venture, distribution agreement, reseller authorization, territorial exclusivity, or authority to legally bind or represent the Company. The legal nature of the relationship will at all times be determined in accordance with applicable law and the actual circumstances.
Participation in the Program does not guarantee earnings, commissions, sales, continued access, a particular participation category, sponsorship, free products, event participation, promotional exposure, social media visibility, future collaborations, territorial rights, or other commercial opportunities.
The Company may modify, restructure, regionalize, expand, limit, suspend, replace, or discontinue the Program or any part of it for legitimate operational, commercial, legal, technical, security, or compliance reasons. Material changes affecting commission rates, eligibility requirements, payout structures, or Participant obligations will be communicated through the affiliate dashboard, the email address registered to the Participant’s account, or another reasonable communication channel in accordance with Article 22.
Unless required by law or resulting from fraud, abuse, a refund, chargeback, non-qualifying transaction, breach of this Agreement, or correction of an actual calculation or attribution error, changes to the Program will not retroactively reduce commissions or bonuses that were validly earned and approved before the effective date of the relevant change.
Participation in the Program is limited to individuals who are at least eighteen (18) years old and legally capable of entering into binding agreements under the laws applicable to them. A legal entity may participate only through an authorized representative who has the legal authority to bind that entity to this Agreement.
Participants must provide complete, accurate, and current registration, contact, payment, tax, and account information and must promptly update that information when it changes. Unless expressly approved by the Company, each Participant may maintain only one Program account and may not create, control, or use additional accounts to circumvent Program rules, commission structures, eligibility requirements, account restrictions, or enforcement measures.
Participants are responsible for complying with all laws, advertising requirements, consumer protection rules, commercial disclosure obligations, tax requirements, influencer marketing rules, platform policies, and other legal requirements applicable to their promotional activities and jurisdiction.
Participation is subject to application, review, and approval by the Company. The Company may approve or reject an application, restrict participation by country, region, category, campaign, product, or promotional method, or request additional information where reasonably necessary for legal, operational, commercial, security, brand-protection, fraud-prevention, or compliance purposes.
The Company may request reasonable verification of identity, age, address, social media presence, payment details, PayPal account information, tax status, authority to represent a legal entity, or other relevant information for fraud prevention, payment administration, legal compliance, account security, and Program integrity. Personal data collected for these purposes will be processed in accordance with the Company’s Privacy Policy and applicable data protection law.
Failure to provide reasonably requested information, providing false or misleading information, maintaining unauthorized duplicate accounts, or failing to satisfy the applicable eligibility requirements may result in rejection, restriction, suspension, or termination of participation in accordance with this Agreement.
Approved Participants may receive a personal referral link, affiliate dashboard, tracking identifier, campaign assets, analytics, and other promotional tools made available through the Program. Referral links, tracking identifiers, and related tools may only be used by or on behalf of the relevant Participant in accordance with this Agreement and any applicable campaign instructions.
Customers who access the Company’s online store through a valid referral link may automatically receive a five percent (5%) referral discount on eligible purchases. No discount code is normally required. The availability and application of the referral discount remain subject to product eligibility, discount-combination rules, campaign restrictions, customer eligibility, technical availability, and any other conditions displayed in the online store.
Referral attribution generally operates on a last-valid-click basis through cookies or comparable tracking technologies. Subject to applicable consent requirements, transaction eligibility, and technical availability, a referral may remain attributable to the relevant Participant for up to ninety (90) days after the customer’s most recent valid referral visit.
If the customer subsequently uses another Participant’s valid referral link before completing a purchase, attribution may be reassigned to the most recent eligible referral. Referral tracking is generally browser- and device-specific and may not transfer between different browsers, devices, private browsing sessions, or customer accounts.
Under the current Program configuration, the referral tracking cookie is intended to be removed after an attributed order has been placed. A later purchase will therefore not automatically remain attributed to the same Participant. For a subsequent order to qualify, the customer must use a valid referral link again and satisfy the applicable tracking and transaction-eligibility requirements.
Opening a new browser window or tab does not necessarily remove an existing referral cookie. Tracking information may remain active until it expires, is deleted, is replaced by another valid referral, or is removed following an attributed order. Clearing the relevant browser cookies or website data may remove the referral tracking information.
Where required under applicable data protection, ePrivacy, or cookie legislation, non-essential referral tracking technologies will only be used after any legally required consent has been obtained. If a customer rejects, blocks, limits, or deletes the relevant tracking technologies, attribution may fail and the transaction may not generate a commission.
Tracking and attribution depend on technical and third-party systems, including the customer’s browser and device settings, privacy preferences, cookie consent, ad blockers, network availability, Shopify, GoAffPro, payment systems, and other service providers. Cross-device activity, private browsing, software conflicts, deleted cookies, interrupted sessions, delayed synchronization, and technical outages may prevent, delay, or alter attribution.
The Company will assess referral attribution, transaction eligibility, traffic legitimacy, and commission validation using available tracking records, order information, Program settings, and other reasonably available evidence. The Company may correct genuine attribution, synchronization, calculation, or reporting errors and may reject transactions involving fraud, manipulation, prohibited self-referrals, non-qualifying transactions, technical errors, or other material violations of this Agreement.
The Company does not guarantee uninterrupted or error-free tracking. To the fullest extent permitted by applicable law, the Company will not be responsible for attribution that cannot reasonably be verified due to rejected or deleted cookies, cross-device activity, private browsing, third-party system limitations, or other circumstances outside the Company’s reasonable control. This does not affect a Participant’s right to receive a commission or bonus that can be verified as validly earned, approved, and payable under this Agreement, and nothing in this provision excludes liability that cannot lawfully be excluded.
The Company may deactivate, replace, restrict, or suspend referral links, dashboards, tracking identifiers, campaign access, or promotional tools where reasonably necessary for security, maintenance, legal compliance, suspected abuse, Program changes, or enforcement of this Agreement.
Unless a different commission structure has been expressly agreed in writing or applies to a specific product, product category, campaign, or Participant group, the standard affiliate commission rate is five percent (5%) of the qualifying net product subtotal of an approved referral sale.
Participants may earn up to ten percent (10%) commission by meeting the applicable performance thresholds described below. Higher commission rates are conditional and performance-based and do not constitute permanent or vested entitlements.
Performance thresholds are assessed on a rolling basis using eligible and verifiable referral sales recorded by the Program’s tracking system. The applicable commission level may automatically increase or decrease as the Participant’s qualifying results change over time.
A higher commission level applies only to qualifying referral sales made after the relevant threshold has been reached and the higher level has become active within the Program’s system. Higher commission rates do not apply retroactively to earlier sales.
If the Participant no longer satisfies the applicable rolling thirty (30) day threshold, the commission rate may automatically return to the level supported by the Participant’s then-current qualifying results.
Any temporary delay in the technical activation or deactivation of a commission level may be corrected using the relevant transaction records and Program settings. A correction will not entitle the Participant to a higher commission rate for sales made before the relevant performance threshold was reached.
In addition to sale commissions, Participants may qualify for the following monthly cash bonuses based on qualifying net subtotal revenue generated during the applicable monthly assessment period:
Only the highest qualifying monthly cash bonus will be awarded. The bonuses are not cumulative. A Participant who qualifies for the €750 threshold will therefore receive a €7.50 cash bonus and not a combined bonus of €10.00.
The monthly bonus assessment period generally runs from the twenty-fifth (25th) day of one calendar month through the twenty-fourth (24th) day of the following calendar month. Unless expressly stated otherwise, dates and times are determined using the Europe/Amsterdam time zone.
Bonuses are assessed after the relevant assessment period has ended and, once validated, are credited to the Participant’s affiliate balance. A cash bonus does not constitute an immediate PayPal payment and remains subject to the applicable validation, minimum-threshold, payout-request, and payment conditions.
If a qualifying transaction is subsequently refunded, cancelled, charged back, adjusted, or found not to qualify, the related bonus progress or awarded bonus may be recalculated, reduced, or reversed in accordance with this Agreement.
Commissions, performance thresholds, and monthly performance bonuses are calculated using the qualifying net product subtotal recorded and approved by the Company. Unless expressly stated otherwise, the calculation excludes VAT and other taxes, shipping and delivery charges, discounts and promotional deductions, statiegeld or other deposit charges, refunds, cancellations, chargebacks, test orders, complimentary or giveaway products, ambassador-only products, reseller or wholesale purchases, personal purchases, self-referrals, unauthorized transactions, fraudulent transactions, and any other amount that does not represent an eligible net product sale.
Where an order is partially refunded, cancelled, discounted, or otherwise adjusted, the qualifying revenue and related commission, performance progress, or bonus eligibility may be recalculated proportionately. Any resulting overpayment or excess credit may be deducted from pending or future amounts payable to the Participant, subject to applicable law.
Specific Participants, affiliate groups, creators, media partners, promotional partners, campaigns, products, or product categories may be subject to different commission rates, fixed commissions, exclusions, bonuses, or compensation structures. Any such arrangement must be displayed within the Program, communicated to the Participant, or agreed in writing.
The Company may prospectively modify commission rates, performance thresholds, eligible products, bonus structures, or calculation methods for legitimate commercial, operational, legal, regulatory, security, fraud-prevention, or technical reasons. Material changes will be communicated through the affiliate dashboard, the email address registered to the Participant’s account, or another reasonable communication channel in accordance with Article 22.
Unless required by law or resulting from fraud, abuse, a refund, chargeback, non-qualifying transaction, breach of this Agreement, or correction of an actual calculation or attribution error, such changes will not retroactively reduce commissions or bonuses that were validly earned and approved before the effective date of the change.
Approved Participants may receive personal Insider purchase benefits when purchasing eligible products for their own personal use. These benefits are separate from the five percent (5%) customer referral discount, affiliate commission, performance-based commission levels, and monthly performance bonuses.
To receive an available personal Insider discount, the Participant must be signed in to the Banditos Energy customer account connected to the same email address as their approved affiliate account. The applicable discount is calculated automatically at checkout and may depend on product eligibility, collection eligibility, customer eligibility, and the current Shopify discount configuration.
Subject to product eligibility and the conditions displayed in the online store, the current personal Insider discount structure is:
Statiegeld or other deposit charges, shipping and delivery charges, taxes, excluded products, and other non-eligible amounts are not discounted unless expressly stated otherwise.
Personal Insider benefits are intended solely for the Participant’s own personal purchases, are non-transferable, and may not be shared, resold, or used to generate affiliate commission, qualifying performance revenue, or bonus progress. Personal purchases do not qualify as referral transactions, even if referral tracking is present or the transaction temporarily appears in the affiliate dashboard.
Participants must access the online store directly when making a personal purchase and must not purchase through their own referral link or deliberately use another Participant’s referral link. An active referral cookie may affect attribution or discount application. Where an incorrect referral connection remains active, the Participant may need to remove the relevant website cookies or site data before returning directly to the online store.
Personal Insider discounts may not be combined with another discount, promotion, referral benefit, or offer unless the online store expressly permits that combination. The Company may prospectively modify product eligibility or personal benefit percentages for legitimate commercial, operational, legal, regulatory, or technical reasons in accordance with Article 22.
A transaction will not qualify for commission, performance revenue, or a performance bonus where it involves:
A purchase by a family member, household member, friend, colleague, or other personal contact is not automatically disqualified solely because of that relationship. However, the transaction may be rejected where reasonably available information indicates that it is a self-referral, coordinated purchase, reimbursed purchase, artificial transaction, or other attempt to circumvent the Program rules. Relevant indicators may include shared payment details, billing information, delivery information, devices, accounts, or other transaction data, considered in context.
Where an order is partially refunded, partially cancelled, discounted after purchase, or otherwise adjusted, only the remaining eligible net product subtotal may qualify. The related commission, performance revenue, and bonus progress may be reduced or reversed proportionately.
Personal purchases made by a Participant using their Banditos customer account or personal Insider benefits do not generate affiliate commission, qualifying performance revenue, or bonus progress, even if referral tracking is present or the transaction temporarily appears in the affiliate dashboard.
The Company will determine transaction eligibility using reasonably available order, payment, tracking, account, and fraud-prevention information. A transaction may be placed on temporary hold while it is reasonably investigated. Where reasonably practicable, the Participant may be asked to provide relevant information before a final rejection is made.
The Company may correct, reject, or reverse a non-qualifying transaction and any related commission, performance revenue, or bonus credit. These determinations will be made reasonably, consistently, and in good faith, without limiting the Company’s right to act promptly where fraud, security risks, or material abuse is reasonably suspected.
Referral transactions and related commissions may be recorded as pending, approved, rejected, reversed, paid, or under review, depending on the payment status, fulfilment status, refund status, technical data, and eligibility of the underlying order.
Subject to successful synchronization between the Company’s e-commerce and affiliate systems, paid orders may be approved automatically. Pending, authorized, partially refunded, disputed, or otherwise incomplete orders may remain pending or under review. Voided, cancelled, fully refunded, fraudulent, or otherwise non-qualifying orders may be rejected or reversed.
Automatic approval or the appearance of a transaction, commission, performance amount, or bonus in the affiliate dashboard does not prevent a later correction where the underlying order is refunded, cancelled, charged back, duplicated, incorrectly attributed, technically miscalculated, fraudulent, or otherwise found not to qualify under this Agreement.
Where reasonably necessary, validation may include verification of payment, order status, fulfilment, refunds, chargebacks, customer eligibility, referral attribution, traffic sources, promotional methods, account information, discount usage, and compliance with this Agreement.
The Company may place a transaction, commission, bonus, or payout on temporary hold while a reasonable investigation is conducted. The nature, scope, and duration of the investigation will be proportionate to the nature and complexity of the matter.
Where reasonably practicable and where doing so would not compromise fraud prevention, security, privacy, confidential information, or a legal investigation, the Company will inform the Participant of a material hold, rejection, or reversal and may request relevant supporting information.
Clicks, conversions, attributed orders, performance revenue, dashboard balances, pending commissions, estimated payouts, bonus progress, and other analytics are informational and may be delayed, incomplete, duplicated, corrected, or revised. Such information does not constitute a final or immediate payment obligation unless and until the relevant amount has satisfied the applicable validation and payout requirements.
The Company may reject, reduce, reverse, offset, withhold, or reclaim a commission or bonus to the extent reasonably necessary where the related transaction:
For a partial refund, cancellation, or adjustment, the related qualifying revenue, commission, performance progress, and bonus eligibility may be reduced proportionately. Where an affected amount has already been paid, the Company may deduct the corresponding amount from future amounts payable to the Participant or request repayment, subject to applicable law.
Any decision to reject, reverse, withhold, offset, or reclaim a commission or bonus will be based on reasonably available evidence and applied in good faith. A Participant may contact the Company using the Program contact details to request clarification or provide relevant information concerning a disputed decision.
Commissions and cash bonuses become eligible for payout only after the related transactions have been approved, the applicable cancellation, withdrawal, refund, chargeback, commission-hold, and verification periods have been taken into account, and all relevant Program requirements have been satisfied.
Approved commissions become payable after expiration of the commission hold period configured within the Program. The hold period is intended to account for cancellations, withdrawals, refunds, chargebacks, order adjustments, and internal verification. The applicable hold period may be displayed in the affiliate dashboard or communicated through another reasonable Program channel.
A longer period may apply where an order has not been completed or fulfilled, a cancellation, withdrawal, refund, or chargeback period remains open, required information is incomplete, or the transaction is reasonably subject to investigation or review.
Pending, disputed, frozen, rejected, reversed, unverified, or otherwise non-payable amounts do not count toward the minimum payout threshold.
The minimum payout threshold is twenty-five euros (€25) in approved payable balance. Once this threshold has been reached, the Participant must submit a payout request by emailing insiders@banditosenergy.shop.
The payout request must be sent from the email address connected to the Participant’s approved affiliate account and must include sufficient information to identify that account. The Participant’s PayPal payment details must be complete, accurate, and current.
Reaching the minimum payout threshold does not automatically initiate payment. A payout will only be processed after a valid email request has been received and the payable balance, account information, and payment details have been verified.
Balances below €25 automatically roll over into future payout periods. Approved payable balances of €25 or more for which no valid payout request has been submitted will remain credited to the Participant’s Program account and roll over, subject to this Agreement and applicable law.
Valid payout requests are generally reviewed and processed once per calendar month, with the monthly payout cycle scheduled for the twenty-fifth (25th) day of each calendar month.
To be included in a monthly payout cycle, the payout request must have been received and the Participant’s payable balance, affiliate account, and PayPal payment details must have been successfully verified before processing for that cycle begins.
A payout request that is received or completed too late for the current monthly payout cycle may be processed during the following monthly payout cycle.
If the twenty-fifth (25th) day falls on a weekend or public holiday, or if processing cannot reasonably be completed on that date because of PayPal processing times, validation procedures, technical availability, or circumstances outside the Company’s reasonable control, processing may take place on the next reasonably practicable business day.
Processing on the twenty-fifth (25th) day does not guarantee that the payment will be received on that same day. Receipt times may depend on PayPal and other circumstances outside the Company’s reasonable control.
The Company may temporarily delay or place a payout on hold where reasonably necessary to investigate refunds, chargebacks, fraud indicators, account security, incomplete information, payment discrepancies, legal or tax requirements, technical errors, sanctions compliance, or a suspected material breach of this Agreement.
Unless the Company expressly offers or agrees to another payment method, payouts are processed in euros through PayPal using the payment details supplied by the Participant.
Participants are responsible for providing and maintaining complete, accurate, and current payment information and an active PayPal account capable of receiving the payout. A payout may be delayed until missing, invalid, outdated, or inconsistent payment information has been corrected.
If a payment is returned, rejected, blocked, or sent incorrectly because the Participant supplied inaccurate or outdated payment information, the Company may deduct reasonable and documented third-party costs incurred in reprocessing the payment from the affected payout, to the extent permitted by applicable law.
Participants are responsible for determining and fulfilling their own income tax, VAT, invoicing, registration, reporting, and other fiscal obligations applicable to their participation and earnings. The Company may request information or documentation reasonably required to satisfy its own accounting, tax, payment, or legal obligations before processing a payout.
Any PayPal receiving fees, currency conversion charges, banking charges, or similar third-party costs charged directly in connection with the Participant’s receipt or conversion of a payout are borne by the Participant, unless mandatory law or an express written agreement provides otherwise.
The Company is not responsible for delays, restrictions, frozen accounts, currency conversion differences, or failed transfers caused by inaccurate Participant information, PayPal restrictions, banking systems, sanctions, payment-provider outages, or other circumstances outside the Company’s reasonable control. Nothing in this provision excludes or limits liability that cannot lawfully be excluded.
Failure to request a payout does not by itself cause a valid approved balance to expire or be forfeited. Treatment of balances following account closure, prolonged inactivity, termination, death, dissolution, or legal restriction remains subject to this Agreement and applicable law.
Participants must promote Banditos truthfully, responsibly, professionally, and lawfully. All promotional activity must comply with applicable advertising laws, consumer protection rules, influencer marketing requirements, platform policies, intellectual property rights, the Dutch Advertising Code where applicable, and any campaign instructions supplied by the Company.
Participants may not make false, misleading, unsubstantiated, exaggerated, or unauthorized statements concerning the Company, its products, prices, discounts, availability, ingredients, effects, partnerships, campaigns, earnings opportunities, or commercial terms.
Whenever content includes a referral link, commission opportunity, free product, payment, discount, invitation, incentive, exposure opportunity, or another material connection with the Company that may affect the credibility of the content, the Participant must clearly disclose the commercial nature of that relationship in accordance with the law and platform rules applicable to the relevant audience.
The disclosure must be clear, prominent, immediately understandable, and placed where the audience is likely to notice it before or at the time they view the promotional message or interact with the referral link. A disclosure may not be hidden among hashtags, placed only after “more” or “see more”, communicated only through a profile page or biography, or expressed using vague wording that does not clearly identify the commercial relationship.
Where relevant, the disclosure must be made in the principal language of the intended audience and may use clear wording such as:
For posts and photographs, the disclosure should appear as the first word or first sentence of the relevant text block. For videos, the disclosure must be communicated at the beginning, during the promotional content, or remain clearly visible, as appropriate to the format. Every individual Story or other temporary post must contain its own disclosure. During a livestream, the disclosure must be communicated at the beginning and repeated at reasonable intervals.
Platform disclosure tools, including “Paid Partnership” labels, must be used where required. Use of a platform disclosure tool does not replace an additional written or spoken disclosure where applicable law, platform rules, the content format, or the circumstances require greater clarity.
Brand hashtags, account tags, or labels such as #BanditosEnergy, #BanditosInsider, #Ambassador, or similar wording do not by themselves constitute sufficient advertising disclosure.
Participants may only make product, ingredient, nutrition, health, performance, or safety claims that have been expressly approved by the Company and are legally permitted. Participants may not claim or imply that Banditos products prevent, treat, or cure any medical condition or guarantee enhanced physical, mental, driving, sporting, or lifestyle performance.
Participants must not:
Automotive, motorcycle, stunt, event, and lifestyle content must be created in a controlled and lawful manner with appropriate permissions, safety measures, insurance, protective equipment, and professional supervision where reasonably required.
The Company may require campaign-specific disclosures, approved claims, hashtags, account mentions, creator tags, safety wording, visual standards, or other reasonable promotional requirements. Campaign-specific requirements supplement, but do not replace, the Participant’s own legal disclosure obligations.
The Company will make reasonable efforts to inform Participants of applicable disclosure and promotional requirements, provide appropriate instructions or approved materials where relevant, and take reasonable corrective action when it becomes aware of material non-compliance.
Where promotional content does not comply with this Agreement, applicable law, platform rules, or campaign requirements, the Company may require correction or removal of the content and may restrict the relevant campaign, suspend promotional permissions, place affected transactions under review, or suspend or terminate participation in accordance with this Agreement.
Commissions may only be rejected or reversed where they are reasonably connected to non-compliant, misleading, unauthorized, fraudulent, or otherwise prohibited promotional activity, or where another ground for reversal under this Agreement applies. An unrelated commission that was validly earned and approved will not be reversed solely because of a separate minor promotional error.
Participants must not engage in deceptive, fraudulent, misleading, manipulative, abusive, unauthorized, unlawful, or bad-faith conduct in connection with the Program, the Company, its customers, or its commercial partners.
Prohibited conduct includes, without limitation:
Without the Company’s prior written authorization, Participants may not purchase or place advertising that targets, uses, or bids on:
This restriction applies to search engine advertising, shopping advertisements, social media advertising, sponsored placements, display advertising, PPC, SEA, retargeting, domain advertising, and comparable paid acquisition methods.
Participants may not use the Company’s domain as a display URL, imitate an official Company advertisement, redirect paid traffic in a misleading manner, or position their advertisement in a way that competes with or appears to originate from the Company.
Participants may not register, purchase, operate, or use domain names, subdomains, social media accounts, profile names, marketplace listings, applications, or other digital properties that contain or imitate Company trademarks or are likely to create confusion regarding ownership, authorization, or affiliation.
Participants may not sell Company products, offer unauthorized bundles, create marketplace listings, act as resellers, or accept customer payments on behalf of the Company unless such activity has been expressly authorized under a separate written reseller, distribution, wholesale, public-store, or collaboration agreement.
The Company may require prohibited content, advertisements, links, listings, accounts, or campaigns to be corrected, disabled, transferred, or removed. Depending on the nature and seriousness of the conduct, the Company may restrict referral tools, place affected transactions under review, suspend payouts, reverse commissions generated through the prohibited conduct, suspend the Program account, or terminate participation.
Commission rejection or reversal will be limited to transactions reasonably connected to the prohibited conduct or otherwise non-qualifying under this Agreement, except where broader action is permitted by applicable law or reasonably required due to systemic fraud, repeated abuse, or deliberate manipulation of the Program.
When participating in the Program, representing the Company, using Company branding, attending a Banditos-related activity, or otherwise acting in a manner reasonably identifiable as connected to Banditos, Participants must behave lawfully, responsibly, respectfully, and professionally.
Participants must not engage in conduct connected to the Program or reasonably attributable to the Banditos brand that involves:
This provision is not intended to prohibit lawful personal opinions, good-faith criticism, reporting of genuine concerns, cooperation with authorities, protected whistleblowing, or the lawful exercise of other protected rights.
Participants may not claim or imply that their personal opinions, conduct, events, groups, commercial activities, or public statements have been approved, organized, sponsored, or endorsed by the Company unless the Company has expressly confirmed this in writing.
Participants may not make commitments, enter into agreements, negotiate sponsorships, accept payments, issue statements, or assume obligations in the Company’s name without prior written authorization.
Participants are responsible for complying with applicable traffic laws, event regulations, permits, venue rules, licensing requirements, insurance obligations, safety procedures, and instructions issued by organizers or competent authorities.
Races, stunts, demonstrations, burnouts, drifting, vehicle displays, ride-outs, and comparable activities may only be promoted as Banditos-related activities where they are lawful, appropriately authorized, and conducted in a suitable controlled environment with reasonable safety precautions.
Participants must not organize, promote, or represent illegal street racing, dangerous public-road stunts, unauthorized road closures, or other unlawful vehicle activities as being connected to, approved by, or sponsored by the Company.
Unless expressly agreed otherwise in writing, Participants remain responsible for their own travel, vehicles, equipment, licences, insurance, conduct, safety precautions, expenses, and participation in third-party events or independently organized activities.
Participation in automotive, motorcycle, stunt, event, travel, community, or promotional activities may involve inherent risks. Participants are responsible for assessing those risks and obtaining any insurance, permissions, protective equipment, supervision, or professional assistance reasonably required for their activities.
Where the Company organizes or formally commissions a specific activity, additional event, safety, insurance, or participation terms may apply. Nothing in this Agreement excludes or limits any responsibility or liability that cannot lawfully be excluded, including responsibility arising from the Company’s own legally attributable acts or omissions.
Where credible information indicates serious misconduct, a material safety risk, or significant potential harm to the Company or its community, the Company may temporarily restrict branding permissions, campaign participation, event access, referral tools, or account access while the matter is reasonably reviewed.
Any permanent restriction or termination will be assessed in light of the seriousness, available evidence, context, recurrence, and connection between the conduct and the Program or Banditos brand.
All trademarks, trade names, logos, slogans, product names, packaging designs, graphics, photographs, videos, promotional materials, campaign assets, social media assets, affiliate materials, e-commerce assets, designs, and other intellectual property made available by or on behalf of the Company remain the property of Dutch Business Sales Company B.V. or its applicable licensors.
Participation in the Program does not transfer any ownership, title, goodwill, or other intellectual property rights to the Participant. All goodwill arising from authorized use of Company trademarks and branding accrues exclusively to the Company or the applicable rights holder.
During active participation in the Program, the Participant receives a limited, revocable, non-exclusive, non-transferable, and non-sublicensable license to use approved Company brand assets solely for lawful promotional activities directly connected to the Program and in accordance with this Agreement, the Company’s brand guidelines, and any applicable campaign instructions.
Participants may reproduce and share approved assets through their authorized social media accounts, websites, referral pages, and other approved promotional channels. Reasonable technical adjustments required for platform formatting, including resizing, cropping, or adding an approved disclosure, are permitted, provided that such adjustments do not distort, obscure, misrepresent, or materially alter the brand, product, logo, required warning, or intended message.
Uploading approved assets to a social media or content platform in the ordinary course of authorized promotion is permitted notwithstanding any standard technical license required by that platform, provided that the Participant does not grant broader rights than reasonably necessary for that publication.
Without prior written authorization, Participants may not:
Participants may not apply for, register, purchase, control, or use any trademark, trade name, company name, domain name, subdomain, social media account, username, application name, marketplace name, or other identifier containing or confusingly similar to Banditos, Banditos Energy, Banditos Exclusive Beverage, or any other Company brand or product identifier without prior written authorization.
If a Participant registers or controls such an identifier in violation of this Agreement, the Participant must, at the Company’s reasonable request and to the extent legally permitted, cease using it and cooperate in its cancellation or transfer to the Company. The Company will not be responsible for reimbursing unauthorized registration, development, marketing, or transfer costs.
The Company may update, replace, withdraw, or restrict particular brand assets or branding permissions where reasonably necessary for brand protection, campaign management, legal compliance, rights management, or termination of participation.
Upon expiration, suspension, or termination of the relevant permission or participation in the Program, the Participant must promptly stop creating new promotional material using the affected Company intellectual property and, upon reasonable request, remove or update existing material under the Participant’s control.
The Company may permit existing historical social media content to remain online where it is accurate, lawful, no longer actively promoted, and does not create confusion regarding the Participant’s current status. The Company may nevertheless require removal where continued publication infringes rights, misleads the public, breaches this Agreement, or creates a material legal, safety, or reputational risk.
Except for Company intellectual property incorporated into the content, Participants retain ownership of the original content they create. Participation in the Program does not automatically transfer ownership of a Participant’s photographs, videos, audio, captions, designs, or other original materials to the Company.
Where a Participant directly submits, uploads, or provides content to the Company, the affiliate dashboard, an official campaign portal, or another designated Program channel for promotional use, the Participant grants the Company a non-exclusive, worldwide, royalty-free license to host, store, reproduce, repost, display, publish, distribute, archive, and promote that content through the Company’s websites, e-commerce environments, affiliate portal, organic social media channels, newsletters, community channels, presentations, event recaps, and other Company-owned or controlled communication channels.
The license includes the right to make reasonable technical and editorial adjustments, including resizing, cropping, shortening, captioning, translating, formatting, adding Company branding, and adapting the content for different channels, provided that the content is not materially distorted or used in a misleading, defamatory, or unlawful manner.
Merely mentioning or tagging the Company in publicly available content does not transfer ownership of that content or automatically grant the Company unrestricted commercial advertising rights.
Where a Participant tags an official Company account, uses an official campaign hashtag, or otherwise clearly invites the Company to view promotional content created in connection with the Program, the Company may request permission to repost that content. A platform-native repost, share, or Story reshare may be made where reasonably consistent with the Participant’s public sharing settings, the relevant platform functionality, and applicable law.
The Company will request additional permission before downloading and materially repurposing such public content outside the original platform where that use is not already covered by a direct submission, campaign instruction, written agreement, or applicable platform functionality.
Use of Participant content in paid advertisements, product packaging, merchandise, television, cinema, out-of-home advertising, third-party licensing, or a materially altered commercial campaign requires separate written permission or must be expressly covered by campaign-specific or creator terms accepted by the Participant.
Any payment, usage fee, content fee, commission, product compensation, or other consideration for such extended use must be agreed separately in writing. Affiliate commission alone does not automatically purchase ownership of Participant content or unrestricted rights to use that content.
To the extent reasonably necessary for an authorized use of submitted content, the Participant permits the Company to display the Participant’s supplied name, creator name, social media handle, profile image, voice, or likeness as it appears in or is directly associated with that content.
The Company is not obligated to use submitted content or to provide attribution where attribution is impracticable due to the format, platform, or campaign, unless attribution has been expressly agreed in writing.
The Participant confirms that they own or control the rights necessary to create, publish, submit, and license the content and that the Company’s authorized use will not infringe the rights of another person.
The Participant is responsible for obtaining any permissions reasonably required for identifiable persons, locations, vehicles, artwork, music, trademarks, performances, event footage, and other third-party material included in the content. Content featuring a minor may only be submitted where all legally required permission from a parent or legal guardian has been obtained.
Participants must not submit music, footage, images, or other material licensed only for personal or platform-limited use if the relevant license does not permit the intended Company use. The Company may request reasonable evidence of relevant permissions and may decline, remove, or stop using content where rights are unclear or disputed.
The license for content directly submitted for Program use continues for as long as reasonably necessary for the authorized promotional and archival purposes, unless a different period has been agreed in writing.
A Participant may request that the Company stop making new promotional use of specific submitted content. The Company will reasonably consider and, where legally required, comply with such a request. A withdrawal request does not require the Company to recall previously distributed physical materials, undo completed campaigns, remove lawful historical or archival records, or delete materials that must be retained for legal, evidentiary, accounting, security, or compliance purposes.
Where content infringes third-party rights, violates applicable law, creates a material safety risk, or was used beyond the agreed permission, the affected party may request prompt review and appropriate removal or correction.
The Company is not obligated to publish, repost, use, promote, retain, or commission any content. Unless separate compensation has been expressly agreed in writing, authorized organic use of voluntarily submitted content does not create an additional payment obligation beyond any commission or benefit otherwise earned under the Program.
During participation in the Program, a Participant may receive or obtain access to non-public information concerning the Company, the Program, customers, partners, campaigns, commission arrangements, referral systems, creator strategies, unreleased products, pricing plans, launch schedules, internal processes, technical systems, security measures, business plans, commercial negotiations, event plans, promotional mechanics, or other commercially sensitive matters (“Confidential Information”).
Information will be treated as Confidential Information where it is identified as confidential or where, considering its nature and the circumstances in which it was disclosed, a reasonable person would understand that it is not intended for public disclosure.
Participants must:
Confidential Information does not include information that the Participant can reasonably demonstrate:
A Participant’s own commission rate, payout history, or personal Program data will not automatically be treated as a trade secret merely because it appears in the affiliate dashboard. However, confidential information concerning other Participants, customers, internal calculations, security systems, non-public group arrangements, negotiations, or Company strategy remains protected.
Nothing in this Agreement prohibits a Participant from making a disclosure required by law, court order, tax authority, regulatory authority, or another competent public authority, provided that the Participant gives the Company reasonable prior notice where legally permitted.
Nothing in this Article prohibits a good-faith report of suspected unlawful conduct, cooperation with a competent authority, protected whistleblowing, seeking confidential legal or tax advice, or exercising another right that cannot lawfully be restricted.
A Participant may disclose Confidential Information to a professional adviser who reasonably needs the information and is subject to an appropriate legal or professional duty of confidentiality.
Upon reasonable request or termination of participation, the Participant must stop using and, where reasonably possible, return or securely delete Confidential Information under their control, except where retention is required by law or reasonably necessary for legal, tax, accounting, evidentiary, security, or compliance purposes.
The confidentiality obligations continue for three (3) years after the end of participation. Obligations relating to trade secrets, security credentials, personal data, and information that remains legally protected or genuinely confidential continue for as long as that information retains such status under applicable law.
The Company may conduct reasonable and proportionate reviews or investigations where necessary to verify Program eligibility, referral attribution, commission and bonus calculations, payout eligibility, compliance with this Agreement, campaign performance, traffic legitimacy, promotional methods, customer complaints, suspected fraud, account security, technical errors, or legal and regulatory requirements.
A review may include reasonably available Program and e-commerce records relating to:
Participants must reasonably cooperate with a legitimate review or investigation and provide accurate, relevant information or documentation reasonably available to them. The Company will describe the nature of the request and allow a reasonable response period, taking into account the urgency and seriousness of the matter.
Requested information may include links or screenshots of promotional content, advertising records, traffic-source information, evidence of required disclosures, campaign communications, proof of account ownership, payment information, or other records directly relevant to the review.
Participants are not required to provide social media passwords, access credentials, unrestricted access to personal devices or accounts, unrelated private communications, or information that is legally privileged or prohibited from disclosure. The Company may nevertheless request relevant evidence in another reasonable form.
During a review, the Company may temporarily place affected transactions, commissions, bonuses, or payouts on hold, restrict relevant referral tools, pause campaign access, or take other proportionate measures where reasonably necessary to prevent fraud, further loss, security risks, legal violations, or material harm.
Temporary measures do not by themselves constitute a final finding of wrongdoing. The Company will lift, adjust, or confirm such measures after the relevant review has been completed or sufficient information has become available.
Following a review, the Company may approve, correct, reject, reverse, or continue to hold affected transactions, commissions, bonuses, or payouts and may issue a warning, require corrective action, restrict promotional methods, suspend Program access, or terminate participation where supported by reasonably available evidence and this Agreement.
Where reasonably practicable and legally permitted, the Company will communicate the material outcome of the review to the Participant. The Participant may provide relevant information or request clarification through the Program contact details.
Reviews and investigations will be conducted using information reasonably necessary and proportionate to the stated purpose. Personal data obtained in connection with a review will be processed, secured, retained, and deleted in accordance with applicable data protection law and the Company’s Privacy Policy.
The Company may retain relevant investigation records where reasonably necessary for fraud prevention, dispute resolution, accounting, legal compliance, enforcement, security, or the establishment, exercise, or defence of legal claims.
The Company does not guarantee that participation in the Program will generate any minimum number of clicks, customers, orders, conversions, commissions, bonuses, income, profit, audience growth, social media growth, visibility, engagement, or other commercial or financial result.
Any examples, targets, commission illustrations, performance levels, dashboard estimates, marketing guidance, case studies, or statements concerning potential results are provided for informational purposes only. Actual results depend on factors including the Participant’s activities, audience, content, market conditions, product demand, legal compliance, customer behaviour, tracking availability, returns, cancellations, and other circumstances outside the Company’s control.
Participation does not guarantee sponsorship, free products, event invitations, community status, ambassador status, tier upgrades, creator opportunities, media exposure, partnerships, reseller rights, territorial rights, future campaigns, continued access to particular tools, or any other collaboration or commercial opportunity.
The Company is not providing employment, investment, tax, legal, financial, or business-success advice through the Program. Participants remain responsible for independently assessing whether and how participation is suitable for their own circumstances.
Nothing in this Article limits the Participant’s right to receive a commission or bonus that has been validly earned, approved, and become payable in accordance with this Agreement.
The Company may temporarily suspend or restrict a Participant’s Program account, referral tools, dashboard access, promotional permissions, campaign access, commissions, bonuses, or payouts where reasonably necessary to investigate suspected fraud, abuse, security incidents, payment disputes, technical manipulation, unlawful conduct, material policy violations, or other serious risks to the Program, the Company, customers, partners, or community.
A temporary suspension does not automatically cancel validly earned commissions or bonuses. Affected transactions and balances remain subject to investigation, validation, correction, and the other provisions of this Agreement.
The Company may terminate participation immediately where reasonably supported by evidence of:
For less serious or remediable violations, the Company may issue a warning, request corrective action, restrict particular promotional methods, or provide a reasonable opportunity to remedy the violation before termination, where appropriate in the circumstances.
The Company may also end a Participant’s participation for legitimate operational or commercial reasons unrelated to misconduct, including restructuring or discontinuation of the Program or a participation category. Where reasonably practicable, the Company will provide at least fourteen (14) days’ notice of such termination.
Inactivity or failure to reach a performance threshold does not by itself invalidate commissions or bonuses validly earned before suspension or termination. Commission levels may decrease automatically under Article 4. Continued eligibility in cases of inactivity is governed by Article 16.3.
Participation in the Program and access to personal Insider benefits are intended for Participants who remain meaningfully active in promoting, representing, or otherwise supporting the Banditos brand.
A Participant may be considered inactive where no qualifying referral sale and no other verifiable promotional or collaborative activity has been recorded for a continuous period of ninety (90) days.
Relevant activity may include publishing genuine promotional content, participating in an approved campaign or event, generating qualifying referral sales, contributing to an approved creator, ambassador, crew, media, community, or partnership activity, or providing another form of demonstrable value reasonably recognized by the Company.
Personal purchases, use of a personal Insider discount, access to the affiliate dashboard, clicks generated without genuine promotional activity, or purchases made primarily to preserve active status do not by themselves constitute qualifying activity for this purpose.
The Company will not suspend or terminate participation solely because of inactivity without first sending the Participant a written inactivity notice using the email address registered to the Participant’s Program account. The notice will explain that the account appears inactive and that continued access to Program benefits may be affected.
The Participant will be given fourteen (14) calendar days from the date of the inactivity notice to:
The Company will reasonably consider information supplied by the Participant before making a final decision. A Participant will therefore always receive at least one opportunity to respond and restore or demonstrate active participation before suspension or termination solely for inactivity.
If the Participant does not respond within the fourteen (14) day period, does not resume or demonstrate qualifying activity, or remains inactive after the response has been reasonably reviewed, the Company may suspend or terminate the Participant’s Program participation.
From the effective date of an inactivity-based suspension or termination, the Company may prospectively withdraw or deactivate Program benefits, including personal Insider discounts, customer referral discounts, referral links, tracking identifiers, affiliate tools, campaign access, promotional permissions, and the ability to generate new commissions or bonuses.
The Company may maintain or restore participation where a Participant provides value through an approved ambassador, creator, crew, event, community, media, partnership, or other collaboration that does not necessarily produce qualifying referral sales. Any such exception may be reviewed periodically and does not create a permanent entitlement to continued participation or Program benefits.
A Participant whose account has been suspended or terminated for inactivity may contact the Company to request reactivation. Reactivation is subject to renewed review and approval and may require updated account, identity, payment, tax, promotional, or eligibility information. The Company is not obligated to restore previous referral links, participation categories, commission levels, discounts, benefits, or campaign access.
Suspension or termination for inactivity does not cancel commissions or bonuses that were validly earned and approved before the effective suspension or termination date. Pending transactions and any remaining balance remain subject to validation, correction, reversal, and final settlement under this Agreement.
A Participant may end their participation at any time by using any available account-closure function or by contacting the Company through the Program contact details. The Participant must cease new promotional activity and use of referral tools and Company branding from the effective termination date.
From the effective termination date, the Participant’s right to generate new referral commissions, performance revenue, bonuses, or other Program benefits ends. Referral links, tracking identifiers, dashboards, campaign access, promotional permissions, personal Insider discounts, customer referral discounts, and brand licenses may be deactivated or withdrawn.
Only qualifying transactions completed before the effective termination date remain eligible for validation and possible payment. Clicks, cookies, referrals, or customer visits that produce an order only after the effective termination date do not generate commission unless the Company expressly agrees otherwise in writing.
Termination does not automatically cancel commissions or bonuses validly generated before the effective termination date. Pending pre-termination transactions will be assessed under the same eligibility, refund, fraud-prevention, and validation rules that would otherwise have applied.
The Company may reject or reverse amounts connected to fraud, abuse, refunds, chargebacks, errors, non-qualifying transactions, or breaches of this Agreement. The Company may not invalidate an unrelated commission or bonus that was validly earned and approved solely because participation has ended.
Following termination, the Company will complete any reasonably necessary validation of eligible pre-termination transactions. After applicable deductions, reversals, validation procedures, and legal requirements have been addressed, the Company will process any remaining approved payable balance through the available payment method, including a final balance below the ordinary €25 payout threshold.
Payment remains conditional upon the Participant supplying complete and valid identity, tax, verification, and payment information.
If payment cannot be completed because the Participant has not supplied valid information or cannot receive the payment, the Company may retain the balance pending correction and may contact the Participant. The balance will not be forfeited solely because it is below the payout threshold, subject to applicable limitation periods and unclaimed-property laws.
Termination of the affiliate relationship does not automatically terminate the Participant’s separate customer account unless a separate lawful reason for doing so exists.
Use and removal of Company intellectual property and Participant content following termination remain governed by Articles 11 and 12. Confidentiality, payment, investigation, intellectual property, data protection, liability, dispute, and other provisions that by their nature are intended to survive will continue to apply after termination.
Where reasonably practicable and legally permitted, the Company will notify the Participant of a suspension or termination and provide a general explanation of the reason. For suspension or termination based solely on inactivity, the advance-notice and response procedure in Article 16.3 will apply.
The Company may withhold specific information where disclosure would compromise fraud prevention, security, privacy, confidential information, legal obligations, or an ongoing investigation.
A Participant may request clarification or submit relevant information concerning a suspension, termination, inactivity determination, or financial adjustment through the Program contact details. Such a request does not automatically postpone or reverse the relevant protective measure, except that the Company will consider a timely response submitted under Article 16.3 before making a final inactivity-based decision.
To the fullest extent permitted by applicable law, the Program and its related dashboards, referral tools, tracking technologies, analytics, promotional tools, e-commerce integrations, and third-party services are provided on an “AS IS” and “AS AVAILABLE” basis.
The Company will use reasonable efforts to operate and administer the Program in accordance with this Agreement but does not guarantee that the Program or any related system will be continuously available, uninterrupted, error-free, secure against every possible threat, compatible with every device or browser, or free from delays, inaccuracies, synchronization issues, or technical limitations.
The Company does not control and cannot guarantee the continued availability, performance, policies, functionality, or accuracy of third-party services including Shopify, GoAffPro, PayPal, social media platforms, browsers, consent-management systems, hosting providers, payment processors, or telecommunications services.
Except for commitments expressly stated in this Agreement and any rights or warranties that cannot lawfully be excluded, the Company makes no additional representation or warranty concerning the suitability of the Program for a Participant’s particular purpose, the availability of specific features, the accuracy of estimated analytics, or the achievement of any particular commercial result.
Temporary downtime, maintenance, technical errors, delayed reporting, or third-party service interruptions do not by themselves constitute a breach of this Agreement, provided that the Company takes reasonable steps appropriate to the circumstances to investigate and, where reasonably possible, correct material issues within its control.
Nothing in this Article excludes or limits:
To the fullest extent permitted by applicable law, the Company will not be liable for indirect, consequential, incidental, special, exemplary, or punitive loss arising from or relating to participation in the Program.
Excluded loss may include loss of anticipated profits, anticipated revenue, business opportunities, goodwill, anticipated sponsorships or collaborations, business interruption, reputational harm, and losses resulting from social media or advertising-platform restrictions, except where and to the extent such loss constitutes direct damage or cannot lawfully be excluded.
The Company will not be liable for losses caused solely by circumstances outside its reasonable control, including failures or restrictions of Shopify, GoAffPro, PayPal, social media platforms, browsers, payment providers, hosting providers, telecommunications networks, consent-management systems, or other third-party services.
This exclusion does not apply where the Company knew or reasonably should have known of a material problem within its control and failed to take reasonable steps appropriate to the circumstances.
The Company is not liable for speculative or unverified commissions allegedly lost because a customer rejected or deleted cookies, changed devices or browsers, used private browsing, followed another valid referral link, or could not be reliably attributed due to a technical or third-party limitation outside the Company’s reasonable control.
This exclusion does not affect the Participant’s right to receive commissions and bonuses that can be verified as validly earned, approved, and payable under this Agreement.
Where the Company is liable for direct damage and that liability may lawfully be limited, the Company’s total aggregate liability arising from the same event or series of related events will not exceed the greater of:
The existence of multiple claims arising from the same event or series of related events does not increase this maximum amount.
Nothing in this Agreement excludes or limits:
Each party must take reasonable steps to prevent or limit loss arising from a breach, technical issue, security incident, or other event connected to the Program. A party will not be entitled to recover loss that could reasonably have been avoided or reduced.
To the extent permitted by applicable law, the Participant will indemnify the Company against reasonable and documented third-party claims, liabilities, damages, judgments, settlements, and external legal costs to the extent directly resulting from:
The Participant will not be required to indemnify the Company to the extent that a claim or loss was caused by:
Regulatory penalties, administrative fines, and criminal sanctions will only be recoverable from the Participant where and to the extent permitted by law and directly attributable to the Participant’s legally established conduct.
The Company will notify the Participant within a reasonable period after becoming aware of a third-party claim for which indemnification is sought and will provide reasonably available information concerning the claim. A delay in notification will reduce the Participant’s responsibility only to the extent that the delay materially prejudiced the Participant’s ability to respond.
The parties will reasonably cooperate in handling the claim. The Participant may not admit liability, make a public statement on behalf of the Company, or agree to a settlement that imposes an obligation, admission, restriction, or reputational consequence on the Company without the Company’s prior written consent.
The Company may participate in or, where its legal, commercial, or reputational interests reasonably require it, control the defence using legal advisers of its choice. Any costs claimed from the Participant must be reasonable, documented, and proportionate to the matter.
The Company may not recover the same loss more than once under this Agreement and must take reasonable steps to mitigate recoverable loss.
Neither party will be liable for a delay or failure to perform a non-payment obligation under this Agreement to the extent that the delay or failure is caused by an event beyond that party’s reasonable control that could not reasonably have been prevented, avoided, or overcome through appropriate measures.
Such events may include natural disasters, extreme weather, fire, flood, war, terrorism, civil unrest, epidemics or pandemics, governmental restrictions, sanctions, widespread telecommunications or internet failures, major banking or payment-network interruptions, labour disputes not limited to the affected party’s own workforce, cyberattacks despite reasonable security measures, critical infrastructure failures, or prolonged outages of essential third-party platforms or cloud services.
A failure by a supplier, contractor, payment provider, software provider, or other third party will constitute force majeure only where the underlying event satisfies the requirements of this Article and the affected party could not reasonably have prevented or mitigated the consequences through an available alternative.
The affected party will:
During a force majeure event, the affected obligations will be suspended only for the period and to the extent that performance is prevented or materially delayed.
Force majeure does not cancel validly earned and approved commissions or bonuses. Where a force majeure event temporarily prevents payment processing, the affected payable amounts will remain recorded and will be processed during the next reasonably practicable payout cycle after the relevant restriction or disruption has ended.
If a force majeure event materially prevents operation of the Program for more than sixty (60) consecutive days, the Company may discontinue or restructure the affected part of the Program upon reasonable notice. Any remaining eligible pre-discontinuation transactions and approved balances will remain subject to validation and final settlement under this Agreement.
This Agreement and any non-contractual obligation arising from or connected with it are governed by the laws of the Netherlands, without prejudice to any mandatory legal protection that applies regardless of this choice of law.
If a Participant is legally entitled to mandatory protection under the laws of another country, including mandatory consumer, employment, data protection, intellectual property, tax, or commercial-agent protection, this choice of Dutch law does not deprive the Participant of that protection to the extent it cannot lawfully be excluded.
Before commencing formal legal proceedings, a party should provide the other party with written notice describing the dispute, the relevant facts, and the requested resolution. The parties will then attempt in good faith to resolve the dispute within thirty (30) days after receipt of that notice.
This informal procedure does not prevent either party from seeking urgent interim relief, protecting intellectual property or confidential information, preserving evidence, preventing fraud or security harm, complying with a legal deadline, or commencing proceedings where delay could materially prejudice its rights.
To the extent that a valid exclusive choice of court may be made, disputes arising from or relating to this Agreement or the Program will be submitted to the competent court in the judicial district of The Hague, the Netherlands.
If mandatory law grants a Participant the right to bring or defend proceedings before another competent court, or prevents an exclusive jurisdiction agreement from being enforced, the applicable mandatory jurisdiction rules will prevail.
During a dispute, the parties will continue to perform any undisputed obligations where reasonably possible. The existence of a dispute concerning one transaction or amount does not permit either party to withhold an unrelated, undisputed, and payable amount.
The Company may amend this Agreement and modify the Program, including its commission structures, performance thresholds, bonus arrangements, eligible products, participation categories, payout procedures, referral systems, tracking methods, promotional rules, technical features, campaign conditions, and eligibility requirements, where reasonably necessary for legitimate commercial, operational, legal, regulatory, security, fraud-prevention, or technical reasons.
Material changes affecting commission rates, performance thresholds, payout requirements, eligibility, Participant obligations, or other significant participation conditions will be communicated through the affiliate dashboard, the email address registered to the Participant’s account, a prominent Program notice, or another reasonable communication channel.
Where reasonably practicable, advance notice will be provided. A shorter or immediate implementation period may apply where permitted under Article 22.3 or where a prospective change does not reduce commissions or bonuses already validly earned and approved before the change takes effect.
The notice will, where reasonably practicable, identify the effective date and summarize the material nature of the change. Participants are responsible for maintaining current contact information and reviewing material Program notices.
The Company may implement a change with shorter or immediate notice where reasonably necessary to:
Where advance notice is not reasonably possible, the Company will provide notice as soon as reasonably practicable.
Unless required by law or resulting from fraud, abuse, refunds, chargebacks, non-qualifying transactions, or correction of an actual calculation or attribution error, a change will not retroactively reduce commissions or bonuses that were validly earned and approved before the effective date of that change.
Transactions completed before the effective date of a change will generally be assessed under the version of the relevant commission and eligibility rules applicable when the transaction occurred. Transactions completed on or after the effective date will be assessed under the revised rules.
Continued participation in the Program on or after the effective date of a notified revised Agreement constitutes acceptance of the revised terms to the extent permitted by applicable law.
If a Participant does not agree to a material change, the Participant may discontinue participation and request account closure. Eligible transactions and balances generated before termination will remain subject to validation and final settlement under the version of the Agreement applicable to those transactions.
Where applicable law requires express consent to a particular change, continued participation alone will not replace that required consent.
The current version of this Agreement will display its “Last updated” date and “Effective date”. The Company may retain previous versions for legal, evidentiary, compliance, and administrative purposes.
A failure or delay by either party to exercise or enforce any right, remedy, power, or provision under this Agreement does not constitute a waiver of that right, remedy, power, or provision.
A waiver is effective only where it is expressly made in writing by the party granting the waiver and applies only to the specific circumstances for which it is given.
A waiver concerning one breach, transaction, or occasion does not constitute a waiver of any later or separate breach, transaction, or occasion.
The partial exercise of a right or remedy does not prevent that party from exercising that right or remedy further or from exercising any other available right or remedy.
If any provision, or part of a provision, of this Agreement is determined by a competent court or authority to be invalid, unlawful, or unenforceable, that provision or relevant part will be limited or removed only to the minimum extent necessary.
The remaining provisions will continue in full force and effect, provided that the essential purpose and operation of the Agreement can reasonably be maintained.
Where legally permitted and reasonably necessary, the parties will replace the affected provision with a valid and enforceable provision that most closely reflects the original lawful commercial purpose.
This Agreement is originally prepared and maintained in the English language.
The Company may provide translations for accessibility and convenience. Unless the Company expressly identifies a translated version as legally controlling, the English-language version will prevail in the event of an inconsistency, ambiguity, interpretation difference, or translation error, to the extent permitted by applicable law.
Nothing in this Article limits any mandatory right of a Participant to receive contractual information in a language or form required by applicable law.
Participants who do not understand the English-language version should request clarification or obtain independent translation or legal advice before accepting the Agreement.
This Agreement, together with any policies, Program rules, campaign conditions, notices, or additional terms expressly incorporated into it or expressly stated to apply to the Participant, constitutes the entire agreement between the Company and the Participant concerning participation in the Program.
This Agreement supersedes previous oral or written statements, understandings, negotiations, representations, and agreements concerning the same subject matter, except for any separate written creator, campaign, event, crew, reseller, distribution, licensing, or collaboration agreement that is expressly intended to remain in effect.
No informal conversation, social media message, dashboard estimate, promotional statement, or oral representation modifies this Agreement or creates a binding entitlement unless confirmed in writing by an authorized representative of the Company.
In the event of a conflict, the following order of precedence applies unless expressly stated otherwise:
The Company’s Privacy Policy governs the processing of personal data and does not become subordinate to commercial Program instructions. The Company’s store Terms of Service, Shipping & Delivery Policy, Return & Refund Policy, Beverage Safety Disclaimer, and other product-related policies apply separately where the Participant purchases products or uses the online store as a customer.
Nothing in this Article excludes liability for fraud, deliberate misrepresentation, or another matter that cannot lawfully be excluded.
Questions, notices, payout requests, payout enquiries, account-closure requests, privacy enquiries, or concerns relating to this Agreement or the Banditos Insiders Program may be directed to:
Dutch Business Sales Company B.V.
Trading as: Banditos Exclusive Beverage
Brand: Banditos Energy
Prinses Irenelaan 79
2273 DH Voorburg
The Netherlands
Chamber of Commerce number: 89632931
VAT identification number: NL865047765B01
Website: https://banditosenergy.shop
General customer support and privacy enquiries: customer@banditosenergy.shop
Affiliate & Insiders Program: insiders@banditosenergy.shop
The processing of privacy-related requests is further governed by the Company’s current Privacy Policy.
The Company may update its contact details by publishing the corrected information through its website, legal pages, or affiliate dashboard. Participants are responsible for maintaining a current email address in their Program account.