Conditions of participation of the advertiser for affiliate partner programme
The following conditions of participation are designed as conditions of an advertiser for an affiliate programme administered by himself. The conditions therefore assume the existence of an own tracking solution or a white label system. Parts of the sample can also be used as additional conditions of participation for partner programmes within affiliate networks. In each case, it must be ensured that the additional conditions of participation harmonise with the GTC of the network (general information on contractual constellations in affiliate marketing: section 9.1.1 and on special contractual features: Section 11.5.9).
The conditions assume that the advertising material is provided by the advertiser and may not be changed. The model provides for an explicit release of the websites on which the advertising may be integrated. In principle, the advertising media may not be used in newsletters or social networks.
1 scope of application
(1) These Terms and Conditions of Participation (hereinafter referred to as “GTC”) apply to the contractual relationship between Joshua Harder – The Quiz Plugin and the contractual partners (hereinafter referred to as “partners”) of the The Quiz Plugin Affiliate Programme (hereinafter referred to as “affiliate programme”).
(2) We provide our services exclusively on the basis of these GTC. The partner’s own terms and conditions require our express written consent and therefore do not apply even if we do not expressly object to their validity.
(3) The GTC are only addressed to entrepreneurs within the meaning of § 14 BGB. Consumers are excluded from participation in the partner programme.
2 Conclusion of contract
(1) A contract between us and the Partner for the placement of advertising material shall be concluded exclusively via our online application procedure at www.das-quiz-plugin.com. The Partner shall be entitled to terminate the contract at any time. By registering, the Partner makes an offer to participate in the partner programme and in doing so accepts the General Terms and Conditions. A contract is only concluded when we expressly declare acceptance of the offer or release specific advertising material for the Partner.
(2) There is no entitlement to participate in the partner programme and to 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 of this contract is the participation in the partner programme, which is intended to increase the sales of our products via our website. Participation in the partner programme is free of charge for the partner. For this purpose, we provide the partner with a selection of advertising media via the partner programme at our own discretion. We may offer different programmes at the same time (hereinafter referred to as “campaigns”).
(2) The Partner places the advertising materials released for him on his own responsibility on his websites registered and released in the Partner Programme (hereinafter “Partner Website”). The Partner decides freely whether and for how long he places the advertising material on the Partner Website. He is entitled to remove the advertising material at any time.
(3) For the advertising and successful mediation of transactions (e.g. orders), the Partner receives a mediation commission, which depends on the scope and real value of the service. The details result from the description of the respective campaign in the partner programme and item 7 of these GTC.
(4) The partner programme does not establish any other contractual relationship between the parties beyond this contract.
4 Functioning of the partner programme
(1) The partner must register for the partner programme with the data requested during registration. After registration, a customer account will be set up for the partner, through which the partner can manage his partner activities.
(2) For approved campaigns, we provide the partner with advertising material by e-mail and a personal link to enable tracking.
(3) Via the customer account, the partner also receives access to certain statistical data defined in detail by us via the tracking link used by him.
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 own 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 the provision of product data, at our own discretion within the scope of the technical possibilities available to us. In this context, we do not owe any error-free and/or uninterrupted availability of the website. The quality and correctness of the products and advertising material offered on our website are at our sole discretion.
(4) In addition, we undertake to pay the remuneration pursuant to section 7 under the conditions stipulated therein.
6 Rights and obligations of the partner
(1) The advertising material may only be used for the purposes stipulated in this contract.
(2) The partner is responsible for the contents and the ongoing operation of the partner website and shall not place any contents there during the term of this contract which violate applicable law, morality or the rights of third parties and/or are likely to damage our reputation. We are entitled, but not obliged, to check the partner websites. In particular, the partner is prohibited from disseminating content that is
glorification of violence and extremism of any kind,
calls for and incitement to criminal offences and/or breaches of the law, threats against life, limb or property,
incitement against persons or companies,
statements violating personal rights, slander, defamation and defamation of users and third parties, as well as violations of the law on fair trading,
copyright infringing content or other infringements of intellectual property rights or
sexual harassment of users and third parties.
constitute, relate to or contain any such content. Such content may neither be integrated on the partner website itself nor may links be provided from the partner website to corresponding content on other websites.
(3) Any form of abuse, i.e. the generation of leads and/or sales via unfair methods or inadmissible means that violate applicable law and/or these GTC, is prohibited. In particular, the Partner is prohibited from attempting to generate leads and/or sales by itself or through third parties by means of one or more of the following practices or to ensure that sales are attributed to the Partner:
Pretending to generate leads or sales that have not actually taken place, e.g. by providing unauthorised third-party data or false or non-existent data when ordering goods on our website,
Use of forms of advertising that allow tracking but do not display the advertising material, do not display it perceptibly or do not display it in the specified form and/or size,
Cookie dropping: Cookies may not be set when the website is visited, but only if the user of the affiliate website has previously clicked on the advertising material in a voluntary and deliberate manner,
other forms of affiliate fraud (in particular cookie spamming, forced clicks, affiliate hopping) as well as the use of layers, add-ons, iFrames and post-view technology in order to increase leads,
Use of terms protected by law, in particular by trademark law, for us or third parties, for example in search engines, in ad placements or in the advertising of the partner website, without our express prior written consent. In particular, the partner is prohibited from maintaining websites on the Internet which 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 by us or adopt graphics, texts or other content from us. The partner must avoid the impression that the partner website is a project of ours or that its operator is economically linked to us in a way that goes beyond the partner programme and this contract. Any use of materials or content from our website as well as of our logos or trademarks by the Partner requires our prior written approval.
(4) The Partner undertakes to operate the Partner Website in accordance with applicable law in all other respects and in particular to maintain a proper imprint.
(5) E-mail advertising containing advertising material or advertising for us in any other way may only take place if this has been approved by us 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 by means of a double opt-in procedure.
(6) The Partner shall immediately remove advertising material from the Partner Website if requested to do so by us. This also applies in particular to websites on which we do not wish the advertising material to be integrated or no longer wish it to be integrated 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) which contain our name, company keywords or brands or which are delivered on the basis of the use of corresponding keywords. The same applies to the names of our products.
(8) The partner undertakes to refrain from electronic attacks of any kind on our tracking system and/or our websites. Electronic attacks include in particular attempts to overcome or circumvent the security mechanisms of the tracking system or to disable them in any other way, 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 which may damage the tracking system, the partner programme or individual participants of the partner programme.
(1) The contractual partner shall receive a performance-related remuneration from us for sales which are carried out on our website.
(2) The claim to payment of the remuneration shall only arise under the following conditions:
a sale of an end customer with us has come about as a result of the partner’s advertising activity,
the sale has been recorded (“tracked”) by us,
the sale has been approved and confirmed by us and
there is no abuse within the meaning of section 6.3 of these GTC.
(3) A sale is deemed to be a fully completed order generated on our website by an end customer which has also been paid for by the end customer. Reversals – for whatever reason – are not deemed to be sales if the end customer has not paid or if payments made by him are refunded. Reversals that occur more than 8 weeks after payment by the end customer shall not be taken into account.
(4) Orders placed by the Partner or his relatives are not subject to remuneration.
(5) Orders generated via partner websites or other advertising space, where we have requested the partner to remove the advertising material, are not subject to remuneration. This applies 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 stipulated in the partner programme or in individual campaigns, the principle of “Last Cookie Wins” shall apply with a cookie term of 30 days. We shall not be liable to pay if and insofar as the tracking system fails or another malfunction is caused which leads to the fact that an allocation of leads or sales to individual partners is not possible or only possible 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. If nothing is stated, a commission of 5€ applies for each sale.
(8) All commissions stated are net and are paid without value added tax.
(1) The partner can request a payout in his customer account. The partner must generate a settlement in the partner portal.
(2) Remuneration claims shall be due for payment two months after the end of the month in which the end customer’s receipt of payment for the sale in question falls. Remuneration claims are only due if a minimum payment amount of 50 euros is reached.
(3) Payment shall be made by bank transfer with debt-discharging effect to the bank details deposited by the Partner in the customer account. Any bank charges (e.g. for bank accounts abroad) shall be borne by the Partner.
(1) Unlimited liability: We are liable without limitation for intent and gross negligence as well as in accordance with the Product Liability Act. We shall be liable for slight negligence in the event of damage resulting from injury to life, body 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 fulfilment 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). The liability for slight negligence is limited to the amount of the 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 also applies to the personal liability of our employees, representatives and organs.
10 Indemnity claim/contractual penalty
(1) The Partner shall indemnify us and our employees or agents against all claims of third parties arising from alleged or actual infringement of the law and/or infringement of the rights of third parties through actions undertaken by the Partner in connection with the Partner programme. Furthermore, the Partner undertakes to reimburse all costs incurred by us as a result of such a claim by third parties. Reimbursable costs also include the costs of a reasonable legal defence.
(2) The partner undertakes to pay a contractual penalty to be determined by us at our reasonable discretion for each case of misuse in accordance with clause 6.3 and to be reviewed by a court in the event of a dispute. The contractual penalty shall not exceed twelve times the partner’s strongest monthly turnover within the last six months before the abuse. Further claims for damages shall remain unaffected by this provision.
11 rights of use
(1) The advertising material and our other contents are protected by copyright and/or other industrial property rights. We grant the partner a simple and non-exclusive right to use the advertising material for the duration and purpose of this contract.
(2) Any modification, duplication, dissemination or public reproduction of the advertising material or of 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 all knowledge of our company and business secrets or other confidential information obtained within the framework of the contractual relationship for an unlimited period of time (also beyond the end of this contract), to use it only for the purposes of the contract and in particular not to pass it on to third parties or otherwise exploit it. If information is designated by us as confidential, there shall be an irrebuttable presumption that it is a trade or business secret.
(2) The content of this contract and the documents belonging to it are to be treated confidentially (as company and business secrets) by the partner.
(3) The partner shall impose a confidentiality obligation on its employees and other persons whose services it uses to fulfil its contractual obligations in a manner corresponding to the above paragraphs 1 and 2.
13 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) In addition and beyond this, the right of the parties to terminate the contractual relationship by extraordinary termination for good cause shall remain unaffected. For us, good cause entitling us to extraordinary termination shall be deemed to exist in particular in the following cases:
serious breach of the Partner’s obligations under this contract, 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 abuse within the meaning of Clause 6.3.
(3) Notice of termination may be given 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 is obliged to immediately remove all advertising material 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 authorised 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 termination, we may also block the customer account in the cases of Clause 13.2. This shall also apply if there is only a reasonable suspicion of misuse in accordance with 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 do not lead to an obligation to pay remuneration.
14 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 amend these GTC at any time. The partner will be informed of any changes by e-mail. If the partner does not agree with the changes, he is 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 notice is not given within this period, the amendments shall be deemed to have been accepted 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, the Essen Local Court is agreed as the place of jurisdiction for all disputes arising from or in connection with contracts between us and the Partner.