Bergfreunde Partnerprogramma - Terms & Conditions
§ 1 PREAMBLE
(1) The affiliate programme offered on the website partner.bergfreunde.de (hereinafter referred to as the “Affiliate Programme”) is a service provided by Bergfreunde GmbH (hereinafter referred to as “Bergfreunde.nl”). All contracts with affiliates shall be subject exclusively to the following contractual terms and conditions. They shall also apply to any future business relationship even if they are not explicitly agreed to again each time. They shall be deemed to have been accepted on registering for the Affiliate Programme.
(2) Any terms and conditions of participants that run contrary to these conditions shall not be binding unless Bergfreunde.nl has expressly accepted them in writing.
§ 2 CONCLUSION OF THE CONTRACT
(1) A contract shall be deemed to have been agreed once a participant has registered and this has been accepted by Bergfreunde.nl. Bergfreunde.nl staff are not permitted to make any ancillary verbal agreements or give any verbal assurances that go beyond the content of the contract.
(2) Children under 18 may not participate in the Affiliate Programme.
(3) A contract is entered into for an unlimited term.
§ 3 AUTHORISED PARTICIPANTS / REGISTRATION
(1) Any website operator is entitled to participate in the Affiliate Programme provided that its offering does not contain any of the following:
- Political content
- Erotic or pornographic content
- Weapons-related content
- Violent content, especially anything glorifying violence
- Drug-related content
- Content relevant under criminal law, especially abusive language
- Content that is generally illegal or that infringes the rights of third parties
- Links to any of the above content
regardless of how it is communicated (website, e-mail, etc.). The terms and conditions of participation must be accepted in order to take part.
(2) All participants must sign up to register for the Affiliate Programme. When registering, a participant must give their name, their authorised representative if they are a company, their postal address (not a P.O. box), telephone number, e-mail address and the address of their website. Bergfreunde.nl shall be entitled to terminate the contract if incorrect information is supplied.
Participants in the Affiliate Programme bare a responsibility towards Bergfreunde.nl in respect of the completeness and correctness of the information provided. They must keep their registration data and information on their Affiliate Programme account up to date.
(3) Bergfreunde.nl runs manual checks of the websites in order to avoid the kind of problems that could arise based on § 3 (1) and to guarantee its own quality standards. There is no entitlement to being accepted onto the Affiliate Programme. Bergfreunde Gmbh reserves the right to refuse registration requests.
§ 4 AFFILIATES AND THEIR OBLIGATIONS
(1) Participants in the Affiliate Programme are known as affiliates. Affiliates advertise Bergfreunde.nl products by activating hyperlinks. They receive a fee for this activity in accordance with the conditions set out below.
(2) Affiliates do not pay to participate in the Affiliate Programme. They are free to choose their advertising media and may remove or exchange the links that they use at any time.
(3) Within the bounds of their technical capacities, Affiliates are obliged to present their website including all entries in search engines, third-party lists of links, news groups or directories in such a way that only valid sales to users are made on the Bergfreunde.nl website.
(4) As a basic principle, protected brand names, logos and trade marks may only be used if the affiliate has the permission of the rights holder. The website and advertising media must be designed so as not to infringe the industrial property rights of third parties, especially copyright, and to comply with applicable legislation including data protection law.
(5) Affiliates are obliged to mark their commercial products with a corresponding supplier identifier in accordance with applicable legislation. Insofar as they offer services or goods on a commercial basis, affiliates undertake to design their website in compliance with consumer protection law.
(6) The design of a website or advertising media must not harm the reputation or image of Bergfreunde.nl, its brand, its business activities or its products.
(7) Affiliates may use e-mails or other advertising media (flyers, mailshots, etc.) provided that they apply and observe the statutory provisions (particularly Section 7 (1) – (3) of the German Act Against Unfair Competition) and current case law (e.g. German Federal Court of Justice ruling of 11 March 2004, no. I ZR 81/01).
(8) Insofar as an affiliate runs advertisements on third-party websites, they shall ensure that these websites comply with the regulations and obligations laid out in clause 4 of these GTCBs.
§ 5 REIMBURSEMENT OF ADVERTISING COSTS
(1) For every sale, Bergfreunde.nl shall set and pay commission to the affiliate by way of reimbursement for their advertising costs.
Pay per sale: this shall only count customers who conclude a valid purchase contract in the Bergfreunde.nl online shop within 30 days of being referred there by the affiliate. The comission shall amount to a percentage of the value of the contract and is generally 7 per cent. If the contract concluded is invalid, revoked or annulled in another way, the commission shall also be cancelled. The percentage-based commission shall be calculated based on the net sales price of the goods or services (excluding VAT, shipping and packaging costs, discounts and rebates).
(2) Any overlaps in the referral of customers under the Affiliate Programme shall be settled using the "last cookie wins"-Methode method. Commission will be paid to the affiliate that referred the customer most recently.
§ 6 PAYMENT
(1) Bergfreunde.nl shall provide affiliates with a monthly statement of their credit balances. The commission that has accrued by the end of a month shall be paid automatically by bank transfer on the 30th day of the following month.
(2) If an affiliate is subject to German VAT, payments shall be made plus statutory German VAT. The affiliate shall be obliged to notify Bergfreunde.nl of any change in its VAT liability without delay, providing evidence from the competent tax office. If no such evidence has been provided by the time a statement is drawn up, VAT shall be withheld and paid as a basic principle; organisational and technical constraints prevent it from being re-added retrospectively.
(3) Insofar as a monthly credit balance does not exceed EUR 25,00, it shall be be paid together with the payment for the following month. No interest shall accrue. If an affiliate terminates their contract early while owed an amount less than EUR 25,00, the payment will be made nevertheless and included on the following statement.
(4) Affiliates are obliged to enter the details of a valid bank account in their personal affiliate area. Bergfreunde.nl bears no liability for losses arising from the provision of incorrect bank account information.
(5) Any costs incurred for bank transfers abroad shall be borne by the relevant affiliate and deducted from the commission.
(6) In the event of suspected or substantiated fraud, Bergfreunde.nl shall withhold payment.
§ 7 LOGGING AND ANALYSIS
(1) Bergfreunde.nl logs all sales and records them in statistical form. The logs can be retrieved from the secure affiliate area.
(2) Affiliates are obliged to integrate into their website the HTML code provided by Bergfreunde.nl, which is required to record and log the users coming from the websites of affiliates (the “code obligation”). Bergfreunde.nl shall notify affiliates of any technical modifications required by e-mail. Affiliates shall shall be obliged to implement any modifications without delay. Any manipulation of the codes used for recording purposes shall entitle Bergfreunde.nl to terminate the contract without notice.
(3) Bergfreunde.nl shall provide affiliates with the hyperlinks, banners and information required to take part. Affiliates may not modify the HTML code or banners provided. Advertising media may only be used in conjunction with participation in the Affiliate Programme. Insofar as affiliates allow advertising media to be used on third-party websites or by a third party, they shall release operators from liability and responsibility in respect of commission payments to these third parties.
(4) Affiliates bare sole responsibility for passing on referrers correctly.
(5) Affiliates may not modify the HTML codes for links, banners, etc. specified by Bergfreunde.nl. If any modifications are made, Bergfreunde.nl shall be entitled to terminate terminate the contract without notice.
§ 8 REPORTING MISTAKES AND WARRANTY
Participants are required to check payments and statements without delay. Any obvious mistakes must be reported in writing as soon as possible after payment. Mistakes that cannot be identified immediately even with a thorough check must be reported to Bergfreunde.nl in writing as soon as possible after discovery.
§ 9 TERMINATION AND DEACTIVATION
(1) The contract can be terminated in writing at any time without notice.
(2) Bergfreunde.nl is entitled to deactivate the relevant affiliate’s account and to notify them of this if they have played no part in the Affiliate Programme for a period of twelve months or have not generated any sales.
(3) Any remaining credit balance owed to the affiliate when the account is deactivated shall be settled.
(4) The affiliate in question shall be obliged to remove all references and advertising media relating to Bergfreunde.nl following termination. No payment shall be received for orders placed after the termination date, including if the affiliate fails to remove the references from their website.
(5) Affiliates that have been deactivated may not reregister for the Affiliate Programme. Any credit balance achieved shall be forfeited.
(6) Any entitlement to extraordinary termination for good cause shall remain unaffected. Any attempt to influence the analyses carried out under the contract shall entitle Bergfreunde.nl to terminate the contract without notice. This applies in particular to mass clicks on one’s own advertisements, the use of misleading links or illegal content, spam, manipulation, failure to install the codes used for registration purposes or incorrect information. The right to claim further compensation and, in particular, to claim a contractual penalty in accordance with clause 6 of this contract and to file a criminal complaint shall remain reserved in all cases.
§ 10 DETERMINING THE SERVICE LEVEL
(1) Bergfreunde.nl shall guarantee a level of service availability of 95 per cent as a monthly average. The logging of transactions via Bergfreunde.nl shall be guaranteed during this time.
(2) Bergfreunde.nl shall not be responsible for deliberate attacks by third parties (hackers, computer viruses, DOS attacks, etc.) on its websites or on the Internet in general or for technical failures at our Internet service provider.
(3) Bergfreunde.nl is entitled to continuously develop its platform and adapt it in line with advances in technology.
(4) Bergfreunde.nl is entitled to assign the provision of some or all services to third-party providers or agents on either a permanent or one-off basis.
§ 11 PROHIBITED CONTENT
(1) The sending of unwanted e-mail advertising (“spam”), the use of misleading links and the provision of incorrect e-mail addresses, names or information are prohibited.
(2) Although Bergfreunde.nl checks the content of an affiliate’s site when they register, it bears no responsibility for this content. Participants are obliged to indemnify Bergfreunde.nl in respect of any damage or loss it sustains as a result of this obligation being infringed.
(3) Bergfreunde.nl shall be entitled to terminate the contract without notice if this contractual obligation is infringed.
§ 12 GENERAL LIMITATION OF LIABILITY
Claims for compensation against Bergfreunde.nl shall be excluded except in the case of intent or gross negligence or if a material contractual obligation is infringed. The same applies to any compensation being claimed for indirect or consequential damage or loss. Any liability shall be limited to the damage or loss that was foreseeable when the contract was concluded and that is typical for situations of this kind.
§ 13 WRITTEN OR ELECTRONIC FORM
Any notifications sent to Bergfreunde.nl and amendments to the contract must be made in writing or electronically (by e-mail or fax) as a minimum. This also applies if the requirement to use the written or electronic form is to be revoked.
§ 14 DATA PROTECTION
(1) Bergfreunde.nl shall only store personal information electronically for the purposes of the contractual relationship. The name, address, telephone number, fax number, e-mail address, bank details, IP address and domain name of an affiliate will be stored. Information will only be passed on to third parties insofar as is required to comply with the obligations and requirements governed by this contract. Affiliates are aware that Bergfreunde.nl may contact them directly by telephone as requirements dictate.
(2) Personal information on the use of services will only be recorded, used or processed insofar as is required to enable the user to obtain goods or services or to settle payments.
(3) Bergfreunde.nl shall handle personal information on affiliates in accordance with data protection regulations.
§ 15 PLACE OF PERFORMANCE, PLACE OF JURISDICTION, APPLICABLE LAW
The place of performance for all obligations and place of jurisdiction for all disputes arising from the contractual relationship, shall be Kirchentellinsfurt insofar as the contractual partner is a trader or a legal entity under public law. The contractual relationship shall be governed by the laws of the Federal Republic of Germany.
§ 16 RIGHT TO MAKE AMENDMENTS
Bergfreunde.nl shall notify affiliates of any amendments it intends to make to these terms and conditions of participation. Unless an affiliate raises an objection in due time and in the requisite manner, these amendments shall enter into force 14 days after notification was received. An objection shall only be deemed to have been made in due time and in the requisite manner if Bergfreunde.nl receives it in writing within seven days of the amendment being announced. Bergfreunde.nl shall inform affiliates about the option of raising an objection and about the manner it should take, the applicable deadline and the legal consequences, including in the event of an objection not being made in good time.
§ 17 SEVERABILITY CLAUSE
If a clause in these terms and conditions should be ineffective, this shall not affect the effectiveness of the remaining provisions.
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