- Conditions of participation for the Collaborator programme
(1) These terms and conditions of participation (hereinafter referred to as "TB") apply to the contractual relationship between Begloss GmbH, Nördliche Münchener Str. 27 a, 82031 Grünwald, Germany and the contractual partners (hereinafter referred to as "partners") of the Affiliate Collaborator Programme (hereinafter referred to as "partner programme").
(2) We provide our services exclusively on the basis of these T&Cs. 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 TB are only aimed at entrepreneurs. Consumers are excluded from participation in the partner programme.
- Conclusion of contract
(1) A contract between us and the partner for the placement of advertising material is concluded exclusively via our online registration process at https://collaborate.begloss.com/. By registering, the partner submits an offer to participate in the partner programme and thereby accepts the TB. 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 or to conclude a contract with us. We can reject individual partners at any time and without giving reasons.
(1) The subject of this contract is participation in the partner programme, which is intended to increase sales of our products via our website. Participation in the partner programme is free of charge for the partner. For this purpose, we make a selection of advertising material available to the partner via the partner programme at our own discretion. We may offer various programmes simultaneously (hereinafter referred to as "campaigns").>
(2) The Partner places the advertising material approved for it on its own responsibility on its registered and approved websites in the Partner Programme (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. It is entitled to remove the advertising material at any time.(3) For the application and successful brokerage of transactions (e.g. orders), the Partner shall receive a brokerage commission based on the scope and actual value of the service. The details can be found in the description of the respective campaign in the partner programme and in Section 7 of these T&Cs.
(4) The partner programme does not establish any further contractual relationship between the parties beyond this contract.
- How the affiliate 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, which they can use to manage their Partner activities.
(2) For approved campaigns, we will provide the affiliate with a specific affiliate link and, if applicable, a discount coupon that can only be used on our website and with which users of the partner websites can be identified when they click on the link or use the discount coupon when placing an order. The partner must integrate this affiliate link code into their website to enable tracking. >
(3) Via the customer account (Goaffpro.com), the partner also receives access to certain statistical data determined by us about the advertising media used by the partner.
- Our tasks
(1) 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 at our own discretion.
(2) We ensure appropriate tracking of visitors who come to our website via the advertising material integrated into the partner's website (hereinafter referred to as "partner leads"). We also ensure that orders placed by partner leads (hereinafter referred to as "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 guarantee error-free and/or uninterrupted availability of the website. The quality and accuracy of the products and advertising material offered on our website is at our sole discretion.(4) We also undertake to pay the remuneration in accordance with section 7 under the conditions specified therein.
- Rights and obligations of the Partner
(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 ongoing operation of the partner website and will not post any content there during the term of this contract that violates applicable law, common decency or the rights of third parties and/or is likely to harm our purposes. We have the right, but not the obligation, to check the partner websites. In particular, the Partner is prohibited from disseminating content that constitutes racism, glorification of violence and extremism of any kind, calls and incitement to criminal offences and/or violations of the law, threats to life, limb or property, hate speech against persons or companies, statements that violate personal rights, slander, defamation, etc., defamation of users, etc. The partner website may not contain any content that constitutes defamation of users or third parties, or violates the law on fair trading, content that violates copyright or other intellectual property rights, or sexual harassment of users or third parties. Such content may neither be integrated on the partner website itself nor linked from the partner website to corresponding content on other websites.(3) Any form of abuse, i.e. the generation of leads and/or sales using unfair methods or unauthorised means that violate applicable law and/or this TB, is prohibited. In particular, the Partner is prohibited from attempting to generate leads and/or sales itself or through third parties or to ensure that sales are allocated to the Partner by using one or more of the following practices:
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 or take over 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 to us in a way that goes beyond the partner programme and this agreement. Any use of materials or content from our website as well as our logos or brands by the Partner requires our prior written consent.(4) The Partner undertakes to operate the Partner Website in accordance with applicable law and in particular to maintain a proper legal notice.
(5) Email advertising that contains advertising material or otherwise advertises for us may only be sent if this has been authorised by us in advance and all addressees have expressly consented to the advertising by email and verification of the email address has been carried out and documented using a double opt-in procedure.
(6) The partner shall remove advertising material from the partner website immediately if requested to do so by us. This also applies in particular to websites on which we - for whatever reason - no longer wish to include advertising material.
(7) The partner shall refrain from any reference to us and our products in the advertising on the partner website. In particular, the Partner shall not place any contextual advertising (especially Google AdWords or AdSense) that contains our name, company keywords or brands or is 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 programmes to automatically read out data, the use and/or distribution of viruses, worms, Trojans, brute force attacks, spam or the use of the tracking system. Force attacks, spam or the use of other links, programmes or procedures that may damage the tracking system, the partner programme or individual participants in the partner programme.
(9) Advertising via third-party websites or trading platforms (e.g. Amazon, Ebay, etc.) is strictly prohibited.
(10) The publication and promotion of partner discount vouchers without an expiry date on websites, social media profiles or similar is strictly prohibited without written agreement and consent.
(1) The contractual partner shall receive performance-based remuneration from us for sales made by partner leads on our website.
(2) The entitlement to payment of the remuneration shall only arise under the following conditions:
- The Partner's advertising activity has resulted in a sale from an end customer to us, The sale was recorded ("tracked") by us,
- The sale was authorised and confirmed by us and
- There is no abuse within the meaning of section 6.3 of this TB .
(3) A sale is deemed to be a fully completed order that an end customer has placed on our website and that has also been paid for by the end customer. Cancellations - for whatever reason - are not considered a sale if the end customer has not paid or payments made by them are refunded.
(4) Orders placed by the partner or his relatives are not subject to remuneration.
(5) Orders resulting from partner leads generated via partner websites or other advertising spaces for which we have requested the partner to remove the advertising 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 specified in the partner programme or in individual campaigns, the "last cookie wins" principle applies with a cookie expiry date of 30 days. We are not obliged to pay if and to the extent that the tracking system fails or is otherwise disrupted so that leads or sales cannot be allocated to individual partners or can only be allocated with considerable effort.
(7) The amount of remuneration is based 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. Shipping costs and product groups or individual products specified by us are excluded from the commission.(8) All commissions stated are net fees and are paid plus VAT.
(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 the statement, it must notify us of these in writing within four weeks. After expiry of this period, the statement shall be deemed correct.(2) Remuneration claims are due one month after the end of the month in which the end customer received payment for the sale in question. Remuneration claims are only due if a minimum payment amount of 25 euros is reached. The partner has the right to demand lower amounts in return for a flat processing fee of 5 euros. The fee will be deducted from the amount to be paid out.
(3) The payout shall be made by bank transfer with discharging effect to the bank details provided by the Partner in the customer account or to the PayPal account provided by the Partner in the customer account. Any transaction fees (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 under the Product Liability Act. We are liable for damages resulting from injury to life, limb and health of persons due to slight negligence.
(2) In addition, the following limitation of 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 essential for the proper performance of the contract and on the observance of which the partner may regularly rely (cardinal obligation). Liability for slight negligence is limited to the amount of damage that was foreseeable at the time the contract was concluded and the occurrence of which must typically be expected.(3) Otherwise, our liability is excluded.
(4) The above limitation of liability also applies to the personal liability of our employees, representatives and bodies.
- Claim for indemnification/contractual penalty
(1) The Partner shall indemnify us and our employees or agents against all resulting third-party claims if claims are asserted against it due to alleged or actual infringements of rights and/or infringement of third-party rights by actions of the Partner in connection with the Partner Programme. In addition, the Partner undertakes to reimburse us for all costs incurred by us as a result of such third-party claims. 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, which shall be determined by us at our reasonable discretion and reviewed by a court in the event of a dispute. The contractual penalty shall not exceed twelve times the highest monthly turnover of the Partner within the last six months prior to the misuse. Further claims for damages remain unaffected by this provision.
(1) The advertising material 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 modification, duplication, distribution or public reproduction of the advertising material or a significant part thereof in terms of type and scope shall require our prior written consent insofar as it exceeds the scope granted in paragraph 1.
(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 scope of the contractual relationship, to use them only for the purposes of the contract and, in particular, not to pass them on to third parties or use them in any other way. If we designate information as confidential, there is an irrebuttable presumption that it is a business or trade secret.(2) The content of this contract and the associated documents must be treated confidentially by the partner (as a trade and business secret).
(3) The Partner must oblige its employees and other persons whom it uses to fulfil its contractual obligations to maintain confidentiality in a manner that is consistent with paragraphs 1 and 2.
- 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 or stating reasons.
(2) In addition, the right of the parties to terminate the contractual relationship by extraordinary cancellation for good cause remains unaffected. We shall be deemed to have good cause that entitles us to extraordinary termination, in particular in the following cases:
(3) Cancellation can be made by email. A cancellation 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 the cancellation by restricting access to the customer account. The partner can also declare the cancellation by deleting the customer account. The contract is terminated upon receipt of the cancellation.(4) After termination of the contract, the Partner is obliged to remove all advertising material and other links and content from the Partner website without delay. This also applies to websites or other advertising material in which the Partner has integrated the advertising material 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.(6) Instead of cancelling the contract, we may also block the customer account in the cases set out in section 13.2. This also applies if there is only a reasonable suspicion of misuse in accordance with section 6.3. We will inform the Partner of the reason for the blocking and cancel the blocking as soon as the reasons that led to the blocking have been clarified and, if necessary, eliminated. Leads generated during the blocking period will not result in any payment obligation.
(1) If the contract contains invalid provisions, the validity of the contract shall remain unaffected.
(2) We reserve the right to amend these TB at any time. All changes will be communicated to the partner by e-mail. If the partner does not agree with the changes, they are entitled to inform us of this within four weeks of receiving notification of the change. In this case, we have a special right of cancellation. 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) This contract shall be governed exclusively by Austrian 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 our registered office.