GTC Affiliate Partnerprogramm
Conditions of participation of the Affiliate Partner Programme
1. Scope of application
(1) These Terms and Conditions of Participation (hereinafter referred to as "GTC") apply to the contractual relationship between ForexDax.de, Christoph Böing, Zum Tollberg 8a, 46499 Hamminkeln, and the contractual partners (hereinafter referred to as "Partner") of the "forexdax.de" affiliate partner programme (hereinafter referred to as "Partner 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.dvd-wissen.com. By registering, the Partner makes an offer to participate in the Partner Programme and thereby accepts the GTC. 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.
(2) The Partner shall place the advertising materials released for it on its own responsibility on its websites registered and released in the Partner Programme (hereinafter "Partner Website"). The Partner decides freely whether and for how long it 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 brokerage of transactions (e.g. orders), the Partner receives a brokerage commission, which depends on the scope and real value of the service. The details result from section 7 of these GTC.
(4) The Partner Programme does not establish any other contractual relationship between the Parties beyond this Agreement.
4. How the partner programme works
(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 its partner activities.
(2) We provide the Partner with a specific HTML code for links and other advertising material, with which users of the Partner websites can be identified when they click on the link. The partner must integrate this HTML code into its website to enable tracking.
(3) Via the customer account, the Partner also receives access to certain statistical data defined in detail by us about the advertising media used by him.
5. Our duties
(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 the tracking of 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, within the scope of the technical possibilities available to us at our own discretion. 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 materials 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 set out therein.
6. Rights and duties of the partner
(1) The Partner may only integrate the advertising media into the Partner websites. The Partner is expressly permitted to combine the links provided with other advertising media (such as in newsletters or social media) and/or to make changes to the advertising media. The advertising media may only be used for the purposes provided for in this contract on the Partner Websites.
(2) The partner is responsible for the content and 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 likely to damage our reputation. We are entitled, but not obliged, to check the partner websites. In particular, the partner is prohibited from distributing content that
- Glorification of violence and extremism of any kind,
- incitement and instigation to commit criminal offences and/or violations of the law, threats against life, limb or property,
- Hounding people or companies,
- statements that violate 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
represent, concern or contain. 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 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 voluntarily and consciously clicked on the advertising material beforehand,
other forms of affiliate fraud (in particular cookie spamming, forced clicks, affiliate hopping) and the use of layers, add-ons, iFrames and post-view technology to increase leads,
Use of terms that are legally protected for us or third parties, in particular under trademark law, for example in search engines, in advertisements or in the promotion 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 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 media 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) 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 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 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 programme or individual participants of the partner programme.
(1) The contractual partner shall receive performance-based remuneration from us for sales made on our website by partner leads.
(2) The entitlement 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 logged ("tracked") by us,
the Sale has been approved and confirmed by us and
there is no abuse within the meaning of Clause 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 - 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 8 weeks after payment by the end customer are not taken into account.
(4) Orders placed by the partner or his relatives are not subject to remuneration.
(5) Orders that come about as a result of partner leads 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 runtime of 90 days. We shall not be liable for payment if and to the extent that the tracking system fails or causes any other malfunction which results in leads or sales not being able to be assigned to individual partners or only with considerable effort.
(7) Unless otherwise agreed with the Partner, a commission of 10% of the net price of the respective sale shall apply.
(8) All commissions stated are net fees and are paid plus VAT.
(1) We will provide the partner with a statement of remuneration claims in his customer account. The partner shall check the statement without delay. If the partner has objections to a statement, these must be asserted to us in writing within four weeks. After expiry of this period, the settlement shall be deemed to be correct.
(2) Claims for remuneration shall be due for payment one month after the end of the month in which the end customer's payment for the sale in question is received. Remuneration claims shall only be due if a minimum payment amount of 25 euros has been reached. The Partner has the right to also demand lower amounts against reimbursement of a flat-rate processing fee of 5,- Euro. The fee shall be retained from the amount to be disbursed.
(3) Payment shall be made by Paypal with debt-discharging effect to the Paypal address deposited by the Partner in the customer account. Any Paypal fees 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, 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 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 the conclusion of the contract, the occurrence of which must typically be expected.
(3) There shall be no further liability on our part.
(4) The above limitation of liability also applies to the personal liability of our employees, representatives and bodies.
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 rights 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 for each case of misuse in accordance with 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 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 materials and our other content 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 alteration, 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 pertaining thereto shall be treated confidentially (as a trade and business secret) by the Partner.
(3) The Partner shall obligate its employees and other persons whom it uses to fulfil 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 notice and without 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 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 any obligation 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 shall be terminated upon receipt of the notice of termination.
(4) After termination of the contract, the partner is obliged 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 authorised to do so.
(5) Leads and/or sales generated after termination of the contract do not lead to an obligation to pay remuneration.
(6) Instead of termination, we may also block the customer account in the cases of Clause 13.2. This also applies 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. Alternative dispute resolution
(1) The EU Commission provides a platform for online dispute resolution on the internet at the following link: https://ec.europa.eu/consumers/odr
This platform serves as a contact point for the out-of-court settlement of disputes arising from online purchase or service contracts involving a consumer.
(2) The Seller is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.
15. 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. Any changes will be communicated to the Partner 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 notification is not made within this period, the changes shall be deemed to have been accepted and shall enter into force upon expiry of the period.
(3) Auf den vorliegenden Vertrag ist ausschließlich deutsches Recht anwendbar.
(4) If the partner is a merchant, a legal entity under public law or a special fund under public law, Rastatt is agreed as the place of jurisdiction for all disputes arising from or in connection with contracts between us and the partner.