(1) These Terms and Conditions of Participation (hereinafter referred to as “GTC”) apply to the contractual relationship between MY BODY DNA, Antonio Greco, Im Hiller 18, D-73614 Schorndorf and the contractual partners (hereinafter referred to as “partners”) of the MY BODY DNA 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 of business shall require our express written consent and shall therefore not apply even if we do not expressly object to their validity.
(3) The GTC are only addressed to entrepreneurs in the sense of § 14 BGB. Consumers are excluded from participation in the partner program.
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. By registering, the Partner makes an offer to participate in the Partner Program and 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.
(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.
3. subject matter of the contract
(1) The subject of this contract is the participation in the partner program, which is intended to increase the 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 can offer different programs at the same time (hereinafter referred to as “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 is free to decide whether and for how long to place the advertising media on the Partner website. He is entitled to remove the advertising material at any time.
(3) For the application 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 this partner program and Ziff. 7 of these GTC.
(4) The Partner Program shall not establish any other contractual relationship between the Parties beyond the scope of this Agreement.
4. operation 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 is set up for the partner, through which the partner can manage his partner activities.
(2) For approved campaigns, we will provide the Partner with specific HTML code for links and other advertising materials that can be used to identify users of the Partner’s websites 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 regarding 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, 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 error 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) In addition, we undertake to pay the remuneration in accordance with. Digit. 7 under the conditions specified therein.
6. rights and obligations of the partner
(1) The Partner may only integrate the advertising materials into the Partner Websites and on social media channels. The advertising materials may only be used for the purposes stipulated in this agreement on the partner websites.
(2) The Partner shall be responsible for the content and ongoing operation of the Partner Website 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
- Glorification of violence and extremism of any kind,
- Incitement and incitement to commit crimes and/or violations of the law, threats against life, limb or property,
- Inciting hatred against persons or companies,
- statements that violate personal rights, slander, defamation and defamation of users and third parties, as well as violations of fair trading laws,
- copyright infringing content or other infringements of intellectual property rights or
- sexual harassment of users and third parties
represent, concern or include. Such content may not be integrated on the partner website itself, nor may links be made 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 improper means that violate applicable law and/or these GTC is prohibited. In particular, the Partner is prohibited from attempting, itself or through third parties, to generate leads and/or sales or to ensure that sales are assigned to the Partner by means of one or more of the following practices:
- 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 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 previously clicked on the advertising material in a voluntary and deliberate manner,
- other forms of affiliate fraud (especially cookie spamming, forced clicks, affiliate hopping) as well as the use of layers, add-ons, iFrames and post-view technology to increase leads,
- Use of terms protected by law, in particular by trademark law, for us or third parties, 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 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 linked to us in a way that goes beyond the Partner Program and this Agreement.
(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 sent 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 and from all platforms on which it is represented if it is requested to do so by us. This also applies, in particular, to websites on which we do not wish to integrate the advertising material, or no longer wish to do so, for whatever reason.
(7) The Partner undertakes to update or change advertising media immediately upon our request.
(8) The Partner shall refrain from any reference to us and our products in any advertising of the Partner Website. In particular, the Partner will not place context-based advertisements (in particular Google AdWords or AdSense) that contain our name, company keywords or trademarks or are delivered due to the use of corresponding keywords. The same applies to the names of our products.
(9) 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, Trojan horses, 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.
(10) The Partner undertakes to grant us access to the advertising materials currently in use.
(11) The Partner undertakes to carry out test orders only after prior consultation and our consent.
(1) The contractual partner shall receive performance-based remuneration from us for sales made on our website by partner leads.
(2) The right to payment of remuneration shall arise only under the following conditions:
- through the advertising activity of the partner, a sale of an end customer with us has come about,
- the sale has been logged (“tracked”) by us,
- the sale has been approved and confirmed by us and
- there is no misuse within the meaning of sec. 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 any reason whatsoever – shall not be deemed to be Sale if the End Customer has not paid or if any payments made by him are refunded. Reversals that occur more than 8 weeks after payment by the end customer are not considered.
(4) Orders placed by the Partner 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 date of the call.
(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 program or in individual campaigns, the “Last Cookie Wins” principle applies with a cookie term of 60 days. We shall not be liable for payment if and insofar as the tracking system fails or another malfunction is caused which means that leads or sales cannot be assigned to individual partners or can only be assigned 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, a commission of 10% of the net price of the respective sale applies.
(8) All stated commissions are net fees and are paid plus value added tax.
(1) We will provide the Partner with a statement of remuneration claims in its customer account. The Partner will check the settlement without delay. If the partner has objections to a settlement, these must be asserted to us in writing within four weeks. After the expiry of this period, the statement is considered to be accurate.
(2) Remuneration claims shall become due for payment one month after the end of the month in which the end customer’s receipt of payment for the sale in question falls. Remuneration claims are only due when a minimum payment amount of 50 euros has been reached. The Partner shall have the right to demand even lower amounts against reimbursement of a flat-rate processing fee of 5. The fee will be withheld from the amount to be paid.
(3) Payment shall be made by bank transfer with debt-discharging effect to the bank details deposited 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 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 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 bodies.
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 and/or violation of third party rights by actions taken 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 a reasonable legal defense.
(2) The Partner undertakes, for each case of misuse according to. Digit. 6.3 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. The contractual penalty will not exceed twelve times the Partner’s strongest monthly turnover within the last twelve months since the abuse became known. 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 agreement.
(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 all knowledge of our trade and business secrets or other confidential information obtained within the framework of the contractual relationship for an unlimited period of time (even 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 is an irrebuttable presumption that it is a trade or business secret.
(2) The content of this Agreement and the documents pertaining thereto, as well as any agreement reached, in particular with regard to remuneration, 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 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 by the Partner of obligations under this Agreement, in particular a breach of sec. 6.2, 6.4, and/or 6.9,
- Breach of obligations 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 para. 6.3.
(3) Notice of termination may be given by e-mail. A notice of 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 is 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 contract shall not result in an obligation to pay remuneration.
(6) Instead of termination, we may in the cases of sec. 13.2 also block the customer account. This shall also apply if there is only a reasonable suspicion of misuse in accordance with §§ 3 and 4 of the German Civil Code (HGB). Digit. 6.3 exists. We will inform the Partner of the reason for the block and will 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 result in an obligation to pay remuneration.
13. 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, it is entitled to notify us of this within two weeks of receipt of the change notification. We have a special right of termination in this case. If such notification is not made within this period, the amendments shall be deemed accepted and shall enter into force upon expiry of the period.
(3) The present contract 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 local court of Freiburg is agreed as the place of jurisdiction for all disputes arising from or in connection with contracts between us and the Partner.