- Conditions of Participation Affiliate Program
(1) These Conditions of Participation (hereinafter “TB”) apply to the contractual relationship between Stefan Strohmayr, CDC), Friedhofstraße 19, 2351 Wiener Neudorf, Austria, and the contractual partners (hereinafter “Partners”) of the Powerbude Affiliate Program (hereinafter “Affiliate Program”).
(2) We provide our services exclusively on the basis of these TS. 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 TS are only aimed at entrepreneurs. Consumers are excluded from participating in the affiliate program.
- conclusion of contract
(1) A contract between us and the partner for the placement of advertising material is only concluded via our online application process at powerbude.eu/pages/affiliate-program. By registering, the partner submits an offer to participate in the partner program and thereby accepts the TS. 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 right to participate in the partner program and to conclude a contract with us. We can reject individual partners at any time without giving reasons.
- Subject of the contract
(1) The subject of this contract is participation in the affiliate program, which is intended to increase the sale of our products via our website. Participation in the partner program is free of charge for the partner. For this purpose, we make a selection of advertising material available to the partner via the partner program at our own discretion. We can offer different programs at the same time (hereinafter "campaigns").
(2) The partner is responsible for placing the advertising material approved for him on his websites registered and approved in the partner program (hereinafter “partner website”) or elsewhere. The partner is free to decide whether and for how long to place the advertising material on the partner website. He is entitled to remove the advertising material at any time.
(3) For advertising and successful mediation of transactions (e.g. orders), the partner receives a commission that depends on the scope and real value of the service. The details result from the description of the respective campaign in the partner program and Section 7 of these TS.
(4) The partner program does not establish any other contractual relationship between the parties that goes beyond this contract.
- How the affiliate program works
(1) The partner must register for the partner program using the data requested during registration. After successful registration, a customer account will be set up for the partner, which the partner can use to manage their partner activities.
(2) For approved campaigns, we provide the partner with a specific affiliate link and, if necessary, a discount coupon that can only be used on our website, which allows users of the partner websites to be identified when they click on the Click on the link or use the discount coupon when placing an order. The partner must integrate this affiliate link code into their website in order to enable tracking.
(3) Via the customer account (Goaffpro.com), the partner also has access to certain statistical data specified by us about the advertising media used by him.
- Our duties
(1) At our own discretion, we provide the partner with a selection of advertising media (e.g. advertising banners, text links, videos, images, brochures) (hereinafter: “advertising media”) for individual campaigns.
(2) We ensure that visitors who come to our website via the advertising material integrated into the partner’s website (hereinafter referred to as “partner leads”) are tracked in a suitable manner. 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 accuracy of the products and advertising materials offered on our website are at our sole discretion.
(4) We also undertake to pay the remuneration in accordance with Section 7 under the conditions specified there.
- Partner's rights and obligations
(1) The partner may only integrate the advertising material into the partner websites. The partner is expressly prohibited from making changes to the advertising material. The advertising material may only be used on the partner websites for the purposes provided for in this contract.
(2) The partner is responsible for the content and the ongoing operation of the partner website and will not place any content there during the term of this contract that violates applicable law, morality or the rights of third parties and/or is suitable for our damage reputation. We have the right, but not the obligation, to check the partner websites. In particular, the partner is prohibited from distributing content that • racism, • glorification of violence and extremism of any kind, • calls for and incitement to criminal offenses and/or violations of the law, threats to life, limb or property, • incitement against people or companies, • statements that infringe upon personality , slander, defamation and slander by users and third parties as well as violations of fair competition law, • content infringing copyright or other violations of intellectual property rights or • sexual harassment of users and third parties. Such content may not be embedded on the Affiliate's website itself, nor may the Affiliate's website link to equivalent content on other websites.
(3) Any form of abuse, i.e. the generation of leads and/or sales using unfair methods or illegal means that violate applicable law and/or these TS, is prohibited. In particular, the Partner is prohibited from attempting, either itself or through third parties, to generate leads and/or sales by means of one or more of the following practices or to ensure that sales are assigned to the Partner:
- Feigning leads or sales that did not actually take place, e.g. by providing unauthorized information from third parties or by providing incorrect or non-existent data when ordering goods on our website,
- Use of forms of advertising that enable tracking, but do not display the advertising medium, are imperceptible or do not display it in the specified form and/or size,
- Cookie dropping: Cookies may not already be set when visiting the website, but only if the user of the partner website has previously clicked on the advertising material voluntarily and consciously,
- other forms of affiliate fraud (in particular cookie spamming, forced clicks, affiliate hopping) and the use of layers, add-ons, iframes and postview technology to ensure an increase in leads/sales,
- Use of terms that are legally protected for us or third parties, in particular trademarks, for example in search engines, when placing advertisements or promoting 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 the products we offer. In particular, the partner may not copy our website, landing pages or other appearances from 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 connected with us in a way that goes beyond the partner program and this contract. Any use of materials or content from our website as well as our logos or brands by the partner requires our prior written approval.
(4) The partner undertakes to operate the partner website in accordance with applicable law and, in particular, to provide a proper imprint.
(5) E-mail advertising that contains advertising material or advertises for us in any other way may only take place if this has been approved by us beforehand and all addressees have given their express consent to the advertising by e-mail and verification of the e-mail address was carried out and documented using a double opt-in procedure.
(6) The partner will immediately remove advertising material from the partner website if requested to do so by us. This also and especially applies to websites on which we do not or no longer wish to integrate the advertising material for whatever reason.
(7) The partner will refrain from any reference to us and our products when advertising the partner website. In particular, the partner will not place any context-based advertisements (in particular Google AdWords or AdSense) that contain our name, company keywords or brands or are delivered based on 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, circumvent or otherwise disable the security mechanisms of the tracking system, the use of computer programs to automatically read out data, the use and/or spread of viruses, worms, Trojan horses, brute force Force attacks, spam or the use of other links, programs or procedures that can damage the tracking system, the affiliate program or individual participants in the affiliate program.
(9) Advertising via third-party websites or trading platforms (e.g. Amazon, Ebay etc.) is strictly prohibited.
(10) Posting and promoting affiliate discount coupons without an expiry date on any website, Facebook profile, or similar. is strictly prohibited.
(1) The contractual partner receives a performance-related payment from us for sales carried out on our website by partner leads.
(2) The right to payment of the remuneration only arises 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 logged ("tracked") by us, • the sale is from been released and confirmed to us and • there is no misuse within the meaning of Section 6.3 of these Terms and Conditions.
(3) A sale is a fully executed order generated by an end customer on our website, which has also been paid for by the end customer. Reversals - for whatever reason - are not considered a sale if the end customer has not paid or payments made by him are refunded.
(4) Orders placed by the partner or their relatives are not subject to payment.
(5) Orders that come about as a result of partner leads generated via partner websites or other advertising spaces for which we have asked the partner to remove the advertising material are not subject to payment. This applies from the time of the request.
(6) The tracking system we use is decisive for the question of whether a sale is based on a partner lead. Unless otherwise specified in the affiliate program or in individual campaigns, the “last cookie wins” principle applies to a cookie period of 30 days. We are not obliged to pay if and to the extent that the tracking system fails or another malfunction is caused which means that leads or sales cannot be assigned to individual partners or only with considerable effort.
(7) The amount of the remuneration depends on the commission specified in the respective campaign at the time of the sale. Unless otherwise stated, a commission of 10% of the gross price of the respective sale applies.
(8) All specified commissions are gross and are paid including VAT.
(1) We will provide the partner with a statement of the remuneration claims in his customer account. The partner will check the statement immediately. If the partner has objections to an invoice, these must be submitted to us in writing within four weeks. After this period has expired, the settlement is deemed to be correct.
(2) Claims for remuneration are due for payment one month after the end of the month in which the end customer's payment for the relevant sale falls. Claims for remuneration are only due if a minimum payment amount of EUR 25 has been reached. The partner has the right to request lower amounts in exchange for a flat-rate processing fee of EUR 5. The fee will be deducted from the amount to be paid out.
(3) The payment is made by bank transfer with debt-discharging effect to the bank details stored by the partner in the customer account or to the Paypal account stored by the partner in the customer account. Any transaction fees (e.g. for bank connections abroad) are borne by the partner.
(1) Unlimited liability: We have unlimited liability for intent and gross negligence as well as in accordance with the Product Liability Act. For slight negligence, we are liable for damage resulting from injury to life, limb and health of persons.
(2) The following limited liability also applies: In the case of slight negligence, we are only liable in the event of a breach of an essential contractual obligation, the fulfillment of which is essential for the proper execution of the contract and on the observance of which the partner can regularly rely (cardinal obligation). The amount of liability for slight negligence is limited to the damage that was foreseeable at the time the contract was concluded and the occurrence of which must typically be expected.
(3) We have no further liability.
(4) The above limitation of liability also applies to the personal liability of our employees, representatives and organs.
- Right to indemnity/contractual penalty
(1) The partner shall indemnify us and our employees or agents against all resulting third-party claims in the event of a claim for alleged or actual violation of rights and/or violation of third-party rights through actions taken by the partner in connection with the partner program. In addition, the partner undertakes to reimburse all costs that we incur as a result of such claims by third parties. The reimbursable costs also include the costs of an appropriate legal defense.
(2) The partner undertakes to pay a contractual penalty to be determined by us at our reasonable discretion and to be reviewed by a court in the event of a dispute for each case of misuse pursuant to Section 6.3. The contractual penalty will not exceed twelve times the partner's strongest monthly turnover within the last six months before the misuse. Further claims for damages remain unaffected by this regulation.
- Rights of Use
(1) The advertising material and our other content are protected by copyright and/or other commercial 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, distribution or public reproduction of the advertising material or a part that is significant in terms of type and scope requires our prior written consent, insofar as it goes beyond the scope granted in paragraph 1 above.
(1) The partner undertakes to keep all knowledge of our trade and business secrets or other confidential information obtained in the context of the contractual relationship secret for an unlimited period of time (including beyond the end of this contract), to use it only for the purposes of the contract and in particular not to use it pass it on to third parties or otherwise exploit it. If information is designated by us as confidential, there is an irrefutable presumption that it is a trade or business secret.
(2) The content of this contract and the associated documents are to be treated confidentially by the partner (as trade and business secrets).
(3) The Partner shall obligate its employees and other persons it uses to fulfill its contractual obligations to confidentiality in a manner corresponding to the above paragraphs 1 and 2.
- Contract term and termination of contract, suspension
(1) The contract runs for an indefinite period and can be terminated by either party at any time without observing a period of notice and giving reasons.
(2) In addition and beyond this, the right of the parties to terminate the contractual relationship through extraordinary termination for good cause remains unaffected. For us, there is an important reason that entitles us to extraordinary termination, in particular in the following cases: • serious violation of the partner's obligations under this contract, in particular a violation of Section 6.2, 6.4 and/or 6.8, • violation of obligations under this contract and Failure to rectify or stop the violation despite our request to do so, • a case of misuse within the meaning of Section 6.3.
(3) The cancellation can be made by e-mail. A notice of termination given by us via e-mail is deemed to have been received on the day it is sent to the e-mail address provided by the partner in the customer account. We can also declare termination by restricting access to the customer account. The partner can 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 of our advertising material and other links and content from the partner website. This also applies to websites or other advertising media in which the partner has integrated the advertising material or links without being authorized to do so.
(5) Leads and/or sales generated after the end of the contract do not result in an obligation to pay.
(6) Instead of termination, we can also block the customer account in the cases of Section 13.2. This also applies if there is only a justified suspicion of misuse in accordance with Section 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 blocking period do not result in an obligation to pay.
- Final Provisions
(1) Should the contract contain ineffective regulations, the validity of the rest of the contract remains unaffected.
(2) We reserve the right to amend these TS at any time. Any changes will be communicated to the Partner by email. If the partner does not agree with the changes, he is entitled to notify us of this within four weeks of receipt of the change notification. In this case, we have a special right of termination. If such notification is not made within this period, the changes will be deemed accepted and will come into effect upon expiry of the period.
(3) Austrian law is exclusively applicable to this contract.
(4) If the partner is a merchant, a legal entity under public law or a special fund under public law, our registered office is agreed as the place of jurisdiction for all disputes arising from or in connection with contracts between us and the partner.