Terms and Conditions of the "Live Visions" Affiliate Program
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1. Scope of application
(1) These Terms and Conditions of Participation (hereinafter referred to as "GTC") apply to the contractual relationship between Ralf Dahmen, Heisterer Str. 7, 53579 Erpel and the contractual partners (hereinafter referred to as "Partner") of the "Live Visions" Affiliate Program (hereinafter referred to as "Affiliate Program").
(2) We provide our services exclusively on the basis of these GTC. The Partner's own terms and conditions shall require our express written consent and shall therefore not apply even if we do not expressly object to their validity.
2. Conclusion of contract
(1) A contract between us and the Partner for the placement of advertising media shall be concluded exclusively via our online application procedure.
(2) By registering, the Partner makes an offer to participate in the Partner Program and thereby accepts the General Terms and Conditions. A contract is only concluded when we expressly declare acceptance of the offer or release specific advertising materials for the Partner.
(3 There is no right to participate in the Partner Program 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 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 own 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 own 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 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 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 his partner activities.
(2) For approved campaigns, we will provide the Partner with a specific HTML code for 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 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 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 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 forth therein.
6. Rights and obligations of the partner
(1) The Partner may only integrate the advertising media into the Partner Websites. The Partner is expressly prohibited from combining the links provided with other advertising media (such as in newsletters or social media) and/or making changes to the advertising media. The advertising media may only be used for the purposes provided for in this Agreement on the Partner Websites.
(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 that:
racism, glorification of violence and extremism of any kind, calls and incitement to commit criminal acts and/or violations of the law, threats against life, limb or property, incitement to hatred of 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, content that violates copyright or other violations of intellectual property rights or sexual harassment of users and third parties. Such content may not be integrated on the Partner Website itself, nor may the Partner Website link to such 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 these 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 or services 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 shape and/or size,
cookie dropping: cookies may not be set when the user visits the website, 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 postview technology in order 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 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 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 contents 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 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 be carried out 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 materials from the Partner Website if requested to do so by us. This shall also and in particular apply 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 program or individual participants of the partner program.
(1) The contractual partner shall receive performance-based remuneration from us for sales made on our website by partner leads.
(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 logged ("tracked") by us,
the sale has been approved and confirmed by us and there is no misuse as defined in Section 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 has also been paid for by the end customer. Returns - 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 shall not be considered.
(4) 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 payment. This shall apply from the time of the request.
(5) The tracking system used by us shall be decisive for the question of whether a sale is based on a partner lead. Unless otherwise specified in the partner program or in individual campaigns, the principle of "Last Cookie Wins" 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 able to be 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, the following commission shall apply:
|Participant||Commission per participant|
|1 - 2||12,00 %|
|3 – 4||13,00 %|
|5 – 7||14,00 %|
|8 – 10||15,00 %|
|11 – 15||16,00 %|
|16 – 20||17,00 %|
(8) All commissions stated are gross remuneration and are paid inclusive of value added tax.
(1) We shall provide the Partner with a statement of the 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 expiry of this period, the settlement shall be deemed to be correct.
(2) Remuneration claims shall become due for payment at the end of each month after receipt of payment from the end customer. The payment to the Partner based on this shall be made by the 10th working day of the following month at the latest.
(3) Payment shall be made by bank transfer with debt-discharging effect to the bank details stored 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 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 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 fulfillment of which is a prerequisite for the proper performance of the contract and on the fulfillment of which the partner may regularly rely (cardinal obligation). 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 corporates.
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 through actions undertaken by the Partner in connection with the Partner Program. In addition, 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 an appropriate 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 strongest 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 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 materials 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 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 such knowledge 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 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) 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 by the Partner of 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 Section 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 obligated to immediately remove all advertising materials 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 agreement shall not result in an obligation to pay remuneration.
(6) Instead of terminating the agreement, we may also block the customer account in the cases set forth in Section 13.2. This shall also apply if there is only a reasonable suspicion of misuse pursuant 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.
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 adapt 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, 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 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) This Agreement 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 place of jurisdiction for all disputes arising from or in connection with contracts between us and the Partner shall be the registered office of the affiliate program provider.