Conditions of Participation for the Affiliate Partner Program of the Website: https://germanische-heilkunde.at
Version 1.1 (17th of June, 2021)
1. Scope of Application
(1) These Terms and Conditions of Participation (hereinafter “Terms and Conditions”) apply to the contractual relationship between Ing. Helmut Pilhar, Villarrica, 5000, Barrio Ybaroty, Calle Rubio Ñu casi Cnel. Martínez, Paraguay, and the contractual partners (hereinafter “Partners”) of the Germanische Heilkunde Affiliate Program (hereinafter “Affiliate Program”).
(2) We provide our services exclusively based on these GTC. The Partner’s terms and conditions shall require our express written consent and shall therefore not apply even if we do not expressly object to their validity.
(3) The GTC are only addressed to entrepreneurs in the sense of § 14 BGB. Consumers are excluded from participation in the Partner Program.
2. Conclusion of Contract
(1) A contract between the Partner for the placement of advertising material and us shall be concluded exclusively via our online application procedure at https://germanische-heilkunde.at. By registering, the Partner offers to participate in the Partner Program and thereby accepts the GTC. A contract is only concluded when we expressly declare acceptance of the offer or release specific advertising materials for the Partner.
(2) There is no right to participate in the Partner Program and conclude a contract with us. We may reject individual partners at any time without giving reasons.
3. Subject matter of the contract
(1) The subject matter of this Agreement is participation in the Partner Program, which is intended to increase sales of our products via our website. Participation in the partner program is free of charge for the partner. For this purpose, we provide the partner with a selection of advertising media via the Partner Program at our discretion. We may offer different programs at the same time (hereinafter “Campaigns”).
(2) The Partner shall place the advertising materials released for it on its responsibility on its websites registered and released in the Partner Program (hereinafter “Partner Website”). The partner shall be free to decide whether and for how long it places the advertising media on the Partner Website. He is entitled to remove the advertising material at any time.
(3) For the promotion and successful mediation of transactions (e.g., orders), the Partner shall receive a mediation commission, which shall depend on the scope and actual value of the service. The details result from the description of the respective campaign in the partner program and item 7 of these GTC.
(4) The Partner Program does not establish any other contractual relationship between the Parties beyond this Agreement.
4. Functioning of the Partner Program
(1) The Partner must register for the Partner Program with the data requested during registration. After successful registration, a customer account will be set up for the Partner, through which the Partner can manage its partner activities.
(2) For approved campaigns, we provide the Partner with specific links and other advertising materials with which users of the Partner websites can be identified when they click on the link. The Partner must integrate these links into its website or use them in other advertising measures to enable tracking.
(3) Via the customer account, the Partner also receives access to specific statistical data defined in detail by us regarding the advertising media.
5. Our Obligations
(1) We shall provide the Partner with a selection of advertising media (e.g., advertising banners, text links, videos, and images) (hereinafter: “Advertising Media”) for individual campaigns at our discretion.
(2) We shall ensure, in a suitable manner, tracking of the visitors who reach our website via the advertising media integrated by the Partner into its website (hereinafter: “Partner Leads”). We also ensure that any orders placed by Partner Leads (hereinafter “Sales”) are assigned to the Partner.
(3) We operate our website and the services offered on it, such as providing product data, within the scope of the technical possibilities available to us at our discretion. In this context, we do not owe any error-free and/or uninterrupted availability of the website. The quality and correctness of our web site’s products and advertising materials are at our sole discretion.
(4) Besides, we undertake to pay the remuneration according to Section 7 under the conditions set forth.
6. Rights and Obligations of the Partner
(1) The Partner may integrate the advertising materials into its websites, distribute them in newsletters or social media channels. The advertising media may only be used on the Partner websites for the purposes provided for in this Agreement.
(2) The Partner shall be responsible for the content and ongoing operation of the Partner Website itself and shall not place any content there during the term of this Agreement that violates applicable law, morality, or the rights of third parties and/or is likely to harm our reputation. We are entitled, but not obliged, to check the partner websites. In particular, the Partner is prohibited from distributing content which
- glorification of violence and extremism of any kind,
- incitement and incitement to commit crimes and/or violations of the law, threats against life, limb, or property,
- incitement against persons or companies,
- statements that violate personal rights, slander, defamation, and defamation of users and third parties, as well as violations of the law of fair dealing,
- copyright infringing content or other infringements of intellectual property rights or
- sexual harassment of users and third parties
represent, concern, or contain. Such content may not be integrated on the Partner Website itself, nor may the Partner Website link to related content on other websites.
(3) Any form of abuse, i.e., the generation of leads and/or sales via unfair methods or improper means that violate applicable law and/or this GTC, is prohibited. In particular, the Partner is prohibited from attempting to generate leads and/or sales or to ensure that sales are attributed to the Partner by means of one or more of the following practices, either itself or through third parties:
- Pretending to generate leads or sales that have not actually taken place, e.g. by providing unauthorized third-party data or providing false or non-existent data when ordering goods on our website,
- Use of advertising formats that allow tracking but do not display the advertising medium, do not display it perceptibly, or do not display it in the specified shape and/or size,
- Cookie dropping: Cookies may not be set when the website is visited, but only if the user of the partner website has previously clicked on the advertising material voluntarily and deliberately,
- other forms of affiliate fraud (especially cookie spamming, forced clicks, affiliate hopping) as well as the use of layers, add-ons, iFrames, and postview technology to increase leads,
- Use of terms that are legally protected for third parties or us, particularly under trademark law, for example, in search engines, ad placements, or the advertising of the partner website without our express prior written consent. In particular, the partner is prohibited from maintaining websites on the Internet that could lead to a risk of confusion with us or products offered by us. In particular, the partner may not copy our website, landing pages, or other appearances of ours or adopt graphics, texts, or other content of ours. The partner must avoid the impression that the partner website is a project of ours or that its operator is economically connected with us in a way that goes beyond the partner program and this contract. Any use of materials or content from our website and our logos or trademarks by the partner requires our prior written approval.
(4) The Partner undertakes to operate the Partner Website following applicable law and, in particular, to maintain a good imprint.
(5) E-mail advertising containing advertising material or advertising for us in any other way may only be sent if we have approved this in advance and express consent to advertising by e-mail has been given for all addressees and verification of the e-mail address has been carried out and documented using a double opt-in procedure.
(6) The Partner shall immediately remove advertising materials from the Partner Website if requested to do so by us. This shall also apply to websites on which we do not or no longer wish to integrate the advertising material for whatever reason.
(7) The Partner shall refrain from any reference to us and our products in any advertising of the Partner Website. In particular, the Partner shall not place any context-based advertisements (in particular Google AdWords or AdSense) that contain our name, company keywords, or brands or are delivered due to the use of corresponding keywords. The same applies to the names of our products.
(8) The Partner agrees to refrain from electronic attacks of any kind on our tracking system and/or our websites. Electronic attacks include, in particular, attempts to overcome, circumvent or otherwise disable the security mechanisms of the tracking system, the use of computer programs for the automatic reading of data, the use and/or distribution of viruses, worms, Trojans, brute force attacks, spam or the use of other links, programs or procedures that may damage the tracking system, the partner program or individual participants of the partner program.
(1) The contractual partner shall receive performance-based remuneration for sales made on our website by partner leads.
(2) The claim to payment of the remuneration shall only arise under the following conditions:
- through the advertising activity of the partner, a sale of an end customer with us has come about,
- the sale has been logged (“tracked”) by us,
- the sale has been approved and confirmed by us, and
- there is no abuse in the sense of clause 6.3 of these GTC.
(3) A sale shall be deemed to be a fully completed order generated on our website by an end customer, which the end customer has also paid. For whatever reason, Reversals shall not be deemed to be a sale if the end customer has not paid or if payments made by him are refunded. Reversals that occur more than eight weeks after payment by the end customer are not considered.
(4) Orders placed by the Partner or its relatives are not subject to remuneration.
(5) Orders that come about due to Partner leads generated via Partner websites or other advertising spaces where we have requested the Partner to remove the advertising materials are not subject to remuneration. This shall apply from the time of the request.
(6) The tracking system used by us is decisive for the question of whether a sale is based on a partner lead. Unless otherwise specified in the partner program or individual campaigns, the “Last Cookie Wins” principle shall apply with a cookie runtime of 30 days. We shall not be liable for payment if and to the extent that the tracking system fails or causes any other malfunction that results in leads or sales not being assigned to individual partners or only with considerable effort.
(7) The amount of the remuneration shall be based on the commission stated in the respective campaign at the time of the sale. Unless otherwise specified, a commission of 50% of the net price of the respective sale shall apply. In addition, the Affiliate Partner shall receive a commission of 25% of the shopping cart value (net price) for each subsequent purchase generated by the account initially created by its Affiliate Link. This applies to each subsequent purchase, for the entire duration of the affiliate partnership.
(8) Commissions only accrue for digital products, such as VODs (single or complete packages), MP3s, and eBooks. Physical products such as DVDs are excluded from commissions.
(9) All stated commissions are net fees and are paid plus VAT.
(1) We shall provide the partner with a statement of remuneration claims in its customer account. The partner shall check the statement without delay. If the partner has any objections to a statement of account, these must be raised with us in writing within four weeks. After the expiry of this period, the settlement shall be deemed to be correct.
(2) Remuneration claims shall be due for payment at the beginning of each new month in which the end customer’s payment for the sale in question is received. Remuneration claims are only due when a minimum payout amount of 100 Euros has been reached.
(3) The payout shall be made by bank transfer with debt-discharging effect to the bank details provided by the Partner in the customer account or by Pay Pal. The Partner shall bear any bank charges (e.g., for bank details abroad).
(1) Unlimited liability: We shall be liable without limitation for intent and gross negligence and in accordance with the Product Liability Act. We shall be liable for slight negligence in the event of damage resulting from injury to the life, limb, and health of persons.
(2) In all other respects, the following limited liability shall apply: In the event of slight negligence, we shall only be liable in the event of a breach of a material contractual obligation, the fulfillment of which is a prerequisite for the proper performance of the contract and on the observance of which the partner may regularly rely (cardinal obligation) on. The liability for slight negligence is limited to the amount of damages foreseeable at the time of conclusion of the contract, the occurrence of which must typically be expected.
(3) We shall have no further liability.
(4) The above limitation of liability shall also apply to the personal liability of our employees, representatives, and bodies.
10. Indemnification Claim/Contractual Penalty
(1) The Partner shall indemnify us and our employees or agents against all claims by third parties arising from alleged or actual infringement of rights and/or violation of third-party rights by actions undertaken by the Partner in connection with the Partner Program. Also, the Partner undertakes to reimburse all costs incurred by us due to such a claim by third parties. Reimbursable costs also include the costs of reasonable legal defense.
(2) The Partner undertakes to pay a contractual penalty for each case of misuse pursuant to Section 6.3 to be determined by us at our reasonable discretion and to be reviewed by a court in the event of a dispute. The contractual penalty shall not exceed twelve times the Partner’s most decisive monthly turnover within the last six months prior to the misuse. Further claims for damages shall remain unaffected by this provision.
11. Rights of use
(1) The advertising materials and other content are protected by copyright and/or other industrial property rights. We grant the Partner a non-exclusive and straightforward right to use the advertising materials for the duration and purpose of this contract.
(2) Any modification, duplication, dissemination, or public reproduction of the advertising material or a substantial part thereof in terms of type and scope shall require our prior written consent insofar as it goes beyond the scope granted in paragraph 1 above.
(1) The Partner undertakes to keep secret for an unlimited period of time (even beyond the end of this contract) all knowledge of our trade and business secrets or other confidential information obtained within the framework of the contractual relationship, to use it only for the contract and in particular not to pass it on to third parties or otherwise exploit it. If we designate information as confidential, there shall be an irrebuttable presumption that such information is a trade or business secret.
(2) The content of this Agreement and the documents about it shall be treated confidentially by the Partner (as a trade and business secret).
(3) The Partner shall obligate its employees and other persons whom it uses to fulfill its contractual obligations to maintain confidentiality in a manner corresponding to the above paragraphs 1 and 2.
(13) Contract term and termination of the contract, blocking
(1) The contract shall run for an indefinite period and may be terminated by either party at any time without observing a notice period and stating reasons.
(2) Also and beyond this, the right of the parties to terminate the contractual relationship by extraordinary termination for a good cause shall remain unaffected. For us, good cause entitling to extraordinary termination exists in particular in the following cases:
- serious breach of the Partner’s obligations under this Agreement, in particular a breach of Clauses 6.2, 6.4 and/or 6.8,
- Breach of obligations under this Agreement and failure to remedy or cease the breach despite our request to do so,
- A case of misuse within the meaning of Clause 6.3.
(3) The termination can be made by e-mail. A termination declared by us by e-mail shall be deemed to have been received on the day on which it is sent to the e-mail address specified by the Partner in the customer account. We may also declare termination by restricting access to the customer account. The Partner may also declare the termination by deleting the customer account. The contract is terminated upon receipt of the notice of termination.
(4) After termination of the contract, the Partner shall be obligated to immediately remove all advertising media and other links and content from us from the Partner website. This also applies to websites or other advertising media in which the Partner has integrated the advertising media or links without being authorized to do so.
(5) Leads and/or sales generated after termination of the contract shall not result in an obligation to pay remuneration.
(6) Instead of terminating the contract, we may also block the customer account in the cases specified in Section 13.2. This shall also apply if there is only a reasonable suspicion of misuse according to Clause 6.3. We will inform the Partner of the reason for the block and lift the block again when the reasons that led to the block have been clarified and, if necessary, eliminated. Leads generated during the period of the block shall not result in an obligation to pay remuneration.
13. Final Provisions
(1) Should the contract contain invalid provisions, the validity of the rest of the contract shall remain unaffected.
(2) We reserve the right to adapt these GTC at any time. Any changes will be communicated to the Partner by e-mail. If the Partner disagrees with the changes, it shall be entitled to notify us of this within four weeks of receipt of the notification of change. In this case, we have a special right of termination. If such notification is not made within this period, the changes shall be deemed acceptable and shall enter into force upon expiry of the period.
(3) The present contract shall be governed exclusively by German law.
(4) If the Partner is a merchant, a legal entity under public law, or a special fund under public law, Paraguay is agreed as the place of jurisdiction for all disputes arising from or in connection with contracts between the Partner and us.