Terms & conditions for Vendors
§ 1 Scope of Application
(1) These General Terms and Conditions govern the authorized sale of goods and services and the licensing of digital products (hereinafter: “Products”) by AffiliCon GmbH, Hohenzollernring 5, 50672 Cologne (hereinafter: “AffiliCon”) through the online order process operated by AffiliCon (hereinafter: “Order Process” or “Online Order Process”).
(2) These General Terms and Conditions are intended both for consumers within the meaning of § 13 of the German Civil Code (BGB) and entrepreneurs within the meaning of § 14 BGB (hereinafter: “Customers”). A consumer is any natural person entering into a legal transaction for a purpose that is not associated either with his/her commercial or independent professional activity. An entrepreneur is a natural or legal person or a legal partnership that exercises its commercial or independent professional activity by entering into a legal transaction. If provisions of these General Terms and Conditions are solely intended for either consumers or entrepreneurs, this shall be highlighted expressly in the following.
(3) AffiliCon sells and/or licenses Products from retailers and service providers (hereinafter: “Providers”) who, in the event of an order from the Customer to AffiliCon, undertake to perform the relevant service directly for the Customer and thus to act as vicarious agents of AffiliCon.
(4) By placing an order, the Customer declares that they agree to the provisions in these General Terms and Conditions.
(5) If there is a pre-existing, ongoing business relationship between the Customer and AffiliCon, these General Terms and Conditions shall also be valid merely by reason of being referred to during the conclusion of future contracts.
§ 2 Product Descriptions
The material characteristics of the Products offered by AffiliCon arise from the Product descriptions supplied by the respective Provider.
§ 3 Conclusion, Confirmation and Storage of Contract
(1) The Products presented on the Provider’s website and the price information and offers given there do not constitute an offer from the Provider or from AffiliCon to conclude a contract. Rather, the Customer is invited merely to make an offer to AffiliCon to purchase the respective Product by placing an order.
(2) AffiliCon expressly declares to the Customer that the Customer may verify and correct the inputs entered during the Order Process at any time before placing the order. In particular, the Customer may correct the inputs by deleting them, pressing the “Back” button or closing the most recently opened window (by pressing the “X” button). Information about further options for correcting the inputs will be provided by AffiliCon during the Order Process. The Customer may also terminate the Order Process completely by closing the browser window.
(3) By placing the order, the Customer makes a binding offer to conclude a contract with AffiliCon regarding the respective Product. By placing the order, the Customer recognizes these General Terms and Conditions as decisive for the purchase. Where services are provided by a Provider and it is clear that AffiliCon facilitates access to these services for the Customer, the information supplied by the Provider shall also apply. Prior to sending an order via the Order Process, the Customer can save the contract data electronically or print it out using the print function in the browser.
(4) AffiliCon shall confirm receipt of the order from the Customer by sending a confirmation email (“Order Confirmation”). This Order Confirmation constitutes an acceptance of the offer of contract by AffiliCon. Along with this Order Confirmation, the Customer shall receive the contract text underpinning the order (the General Terms and Conditions governing the order, notification of the right to cancellation and information about the order itself as well as payment and shipping information where required). The Customer is recommended to print these documents out. The complete contract text will not be stored by AffiliCon.
§ 4 Special Provisions for Individual Product Types
(1) Digital products (e.g. software, e-books, audio files and video files)
a) Prior to the conclusion of contract, the Customer must verify that the specifications of the digital Product meet its wishes and requirements. The material functional characteristics and conditions and the system requirements (compatibility and interoperability) of the digital Product are stated on the website of the Provider and during the Order Process and are a component of the contract.
b) As a general rule, the provision of digital Products shall occur by supplying a download link and facilitating the download of the digital product.
c) Insofar as the Customer is a consumer, AffiliCon shall ensure that the updates required to maintain the Product in its contractually agreed state are provided to the Customer during the relevant period and that the Customer is notified about these updates. The necessary updates include security updates. The relevant period according to sentence 1 is: (i) for a contract for the long-term provision of a digital Product, the provision period; (ii) in all other cases, the period that the Customer may reasonably expect based on the type and purpose of the digital Product and considering the circumstances and the type of contract.
d) The digital Products are protected by copyright. The Provider shall retain ownership of the digital Products and the copyright and other industrial property rights to the digital Products. The digital Products are licensed, not sold. The Provider shall grant the Customer the rights stated in the license terms of the digital Product, whereby these shall at least include the irrevocable and non-sublicensable right to store the digital Product on a data carrier and to run it by loading into the working memory.
e) The Customer is prohibited from making all or parts of the digital Product available to third parties by means of transmission, making it publicly available, uploading or any other type of publication or distribution and/or from supporting such acts; the above may be punishable by law. The Customer is liable for all copyright infringements incurred by the Provider and / or AffiliCon as a result of a violation by the Customer of the aforementioned provision. If the digital Product is licensed for use for an unlimited period of time, the Customer may sell the license only on condition that the Customer first renders the copy of the digital product installed on its computer unusable (e.g., by permanently deleting it) and obligates the new licensee to observe the existing copyright and the rights of use granted to the Customer.
f) Insofar as the digital Product is software, the Customer may obtain a back-up copy of the licensed software on CD by checking the field “Back-up copy” in the shopping basket during the Order Process, where this option is offered for the Product in question.
a) Once the order is complete, the Customer shall receive a link and access details in order to participate in the webinar. It is not permitted to pass the link to third parties. The Customer undertakes to follow the instructions in the respective webinar description.
b) The booking of a webinar is binding for the Customer in respect of the subject of the webinar and the specific date. Cancellation or rebooking are only possible if expressly permitted according to the Provider’s terms.
c) If the Customer fails to attend the booked webinar or to log in without having arranged a contractually valid cancellation or rebooking in writing in advance in accordance with § 4 (2) b), the full attendance fee remains payable. No reimbursement of the paid attendance fee will be possible in this case.
d) The Provider of the webinar has no influence over the fault-free technical functionality of the webinar access software used by the Customer or of any other software used by the Provider to deliver the webinar. The Customer acknowledges that the availability of the webinar cannot be guaranteed at 100%. In particular, maintenance, security or capacity issues and other events that are outside the control of the Provider of the webinar (e.g. disruptions to public communication networks, power failures, etc.) may lead to short-term disruptions of the webinar. There shall be no claim to cancellation or to a reimbursement of the attendance fee in this case.
e) In the event of special, unforeseeable circumstances, webinar speakers may be replaced by other persons with comparable qualifications in the same subject matter. There shall be no claim to cancellation or to a reimbursement of the attendance fee in this case.
f) If a webinar is cancelled for good cause, the Customer shall receive a refund for the full attendance fee. Any further claims are excluded.
g) Insofar as documents are provided in connection with the webinar, these are protected by copyright. The passing of documents to third parties by the Customer is not permitted and will be prosecuted as appropriate under criminal and civil law.
a) The Customer may only withdraw from a booked seminar a minimum of 14 days before the seminar.
b) Should a seminar be cancelled due to insufficient participant numbers, illness on the part of the speaker or other important reasons, the pre-paid attendance fee shall be reimbursed. Any further claims are excluded. If a cancellation is initiated by the Provider, this will normally occur one to three days in advance of the seminar. This must be considered when booking travel or making other preparations, e.g. booking hotels and train tickets.
c) In the event of special, unforeseeable circumstances, seminar speakers may be replaced by other persons with comparable qualifications in the same subject matter. There shall be no claim to cancellation or to a reimbursement of the attendance fee in this case.
d) The seminar documents are protected by copyright. The passing of documents to third parties by the Customer is not permitted and will be prosecuted as appropriate under criminal and civil law.
§ 5 Availability of Products and Arrangements Subject to Changes in Delivery
(1) The delivery and provision of digital Products is as a general rule guaranteed, subject to the availability of supplementary materials such as data carriers and brochures, and provision of the Product shall occur immediately after the conclusion of contract.
(2) For products other than digital Products, availability may in some cases be shown on the Provider’s online availability display. However, the information provided here is non-binding, since for technical reasons, it may occur that the number of orders placed is greater than the stock of the Product in question. If a Product is oversold, the Customer shall be immediately informed of this. In this case, the amounts paid shall be refunded to the Customer immediately and at latest within 14 days, insofar as no agreement has been reached with the Customer to deliver the Product at a later date.
§ 6 Prices and Shipping Costs
(1) The information provided in the Online Order Process and in the following provisions shall apply in respect of the prices of the Products.
(2) The prices stated on the product pages and in the Online Order Process include the statutory value-added tax, which will be shown separately on the invoice.
(3) If the service is rendered not by download but by means of a physical shipment, the shipping costs shall be added to the Product price. The shipping costs are displayed in the detailed item view in the Online Order Process.
§ 7 Payment by the Customer
(1) The payment methods available for the order shall be displayed to the Customer as part of the Online Order Process. Payment for the ordered Products shall then occur via the method selected by the Customer during the Online Order Process.
(2) If the Customer chooses credit card payment, PayPal payment or Sofort (express) transfer, AffiliCon reserves the right to check the validity of the selected payment method before accepting the order.
§ 8 Delivery to the Customer
(1) For digital Products, delivery shall take place via download and without geographical restriction. For other products, delivery is offered within Germany as well as within the other countries listed by the Provider and displayed to the Customer during the Order Process; the Customer can choose from these countries when placing the order.
(2) If the delivery involves physical Products, shipment shall be carried out by a shipping provider (e.g. DHL, UPS, DPD) to the delivery address supplied by the Customer in accordance with the delivery period specified during the Online Order Process. The Customer shall receive a shipping confirmation via email as confirmation of the shipping. This email is usually sent by the Provider of the Product or by a shipping provider who, in this respect, is acting as a vicarious agent of AffiliCon.
(3) If a delivery cannot be carried out due to the circumstances of the building at the delivery address or if the Customer cannot be reached at the delivery address it has provided despite having been given appropriate notice of the delivery time, the Customer must bear the costs of the unsuccessful delivery. In the event of three unsuccessful delivery attempts, AffiliCon shall have the right to withdraw from the contract.
(4) The Customer shall only be entitled to collect the goods itself if ‘collection by the customer’ was expressly offered in the Online Order Process for the respective Product and was selected by the Customer.
(5) The Customer must immediately report any defects in the delivered physical Products to AffiliCon.
§ 9 Termination of Contract, Tacit Renewal, Form
(1) Insofar as the contract has as its subject the regular provision of services or goods (e.g. in the form of a subscription), the Customer may terminate the contract at any time with effect as of the end of the term of the contractual relationship.
(2) If the contract is not terminated by the Customer in accordance with paragraph (1) above, the contractual relationship shall be tacitly renewed for an indefinite period and may then be terminated by AffiliCon or the Customer at any time with a notice period of one month.
(3) The option for termination without notice shall not be affected by the above paragraphs (1) and (2).
(4) Termination by the Customer according to the above paragraphs (1) to (3) may be given in text form (e.g. email, fax) or by pressing the cancellation button (“Cancellation Button”) on AffiliCon’s website at www.affilicon.net.
§ 10 Warranty and Limitation
(1) The Customer’s warranty rights shall be based on the statutory provisions unless anything to the contrary is specified in the following. If the Customer is a consumer, §§ 327 to 327u of the German Civil Code apply.
(2) If the Customer is a consumer, the limitation period for warranty claims by the Customer shall be two years for digital Products and newly manufactured goods and one year for used goods. Where digital Products are provided on a long-term basis, the limitation period for claims arising therefrom shall not expire until twelve months after the end of the provision period. Claims arising from a breach of the obligation to update shall not expire until twelve months after the end of the period for which this obligation applies. If a defect becomes evident during the limitation period, the limitation period shall not expire until four months after the time when the defect first became evident. If the Customer is an entrepreneur, the limitation period for warranty claims by the Customer shall be one year for newly manufactured goods, used goods and digital Products.
(3) The shortened limitation periods described above shall not apply for claims for damages by the Customer due to an injury to life, limb or health, or for claims for damages due to a breach of an essential contractual obligation. Essential contractual obligations are those whose fulfilment is necessary to achieve the aim of the contract, e.g. the obligation of AffiliCon to provide the item to the Customer free from defects of title. The shortened limitation periods described above shall also not apply for claims for damages based on an intentional or grossly negligent breach of duty by AffiliCon or its legal representatives or vicarious agents.
§ 11 Limitation of Liability
(1) AffiliCon assumes no liability for the continuous availability of the system or for system failures, interruptions and/or faults in technical equipment, insofar as these lie outside of the control of AffiliCon. In particular, AffiliCon shall not be liable for faults in the quality of access to AffiliCon’s service due to force majeure circumstances or events for which AffiliCon is not responsible, in particular the failure of communication networks and gateways. AffiliCon generally assumes no liability for minor disruptions to the services.
(2) AffiliCon assumes unlimited liability insofar as the cause of damage was a grossly negligent or intentional breach of duty by AffiliCon or by its legal representatives or vicarious agents.
(3) Furthermore, AffiliCon assumes liability for the slightly negligent breach of essential obligations (“Essential Obligations”). Essential Obligations are those whose breach jeopardises the achievement of the purpose of the contract or whose fulfilment is necessary to enable the proper performance of the contract and upon whose observance the Customer may reasonably rely. In such cases, however, AffiliCon shall be liable only for foreseeable damages that are typical of the type of contract. AffiliCon assumes no liability for the slight negligent breach of duties except as described in the preceding sentences.
(4) The foregoing provisions shall not affect the unlimited liability of AffiliCon for injury to life, limb or health arising from a negligent or intentional breach of duty by AffiliCon, its legal representatives or vicarious agents in accordance with statutory provisions, or for damages covered by liability under the German Product Liability Act (Produkthaftungsgesetz).
(5) To the extent that the liability of AffiliCon is excluded or limited by the above provisions, this also applies for the personal liability of AffiliCon’s legal representatives or vicarious agents.
§12 Data Protection
(1) AffiliCon complies with the applicable data protection laws and collects, processes, stores and uses the personal data of the Customer solely in accordance with the provisions of the AffiliCon data privacy statement.
(2) AffiliCon shall pass on the Customer’s personal data to Providers only insofar this is necessary for one of the following reasons:
(a) to facilitate the delivery or provision of the Product by the Provider; or
(b) to facilitate the provision of technical and/or other support to the Customer by the Provider, or
(c) if the Customer has expressly consented to receiving the Provider’s newsletter.
§13 Concluding Provisions
(1) In the event that individual provisions of these General Terms and Conditions are or become invalid, this shall not affect the validity of the remaining provisions of this agreement, subject to Section 305 et seqq of the German Civil Code. In the event of the invalidity of individual or several provisions, the statutory regulations shall apply.
(2) The services of AffiliCon shall be rendered solely on the basis of these General Terms and Conditions and any supplementary information supplied by the Provider. Conflicting terms and conditions of the Customer shall only apply if they are expressly recognized by a director or senior executive of AffiliCon. Tacit recognition of the Customer’s terms and conditions is excluded.
(3) The General Terms and Conditions and all legal relationships between the Customer and AffiliCon shall be governed by the substantive law of the Federal Republic of Germany to the exclusion of UN sales law.
(4) Insofar as the Customer is a trader, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes resulting from and/or in connection with these General Terms and Conditions governing the contractual relationship between AffiliCon and the Customer is Cologne.
(5) The European Commission provides a platform for online dispute resolution that can be accessed under the following link: http://ec.europa.eu/consumers/odr/. Consumers can use this platform to settle their disputes.
Cologne, June 2022
Terms & conditions for affiliates
§ 1 Scope of Validity
(1) These Terms and Conditions (hereinafter referred to as “Affiliate Terms and Conditions”) govern the provision of web-based services (hereinafter referred to as “Services”) by AffiliCon GmbH, Hohenzollernring 5, 50672 Cologne (hereinafter referred to as “AffiliCon”) for sales partners (hereinafter referred to as “Affiliates”).
(2) These Affiliate Terms and Conditions are intended exclusively for business owners within the meaning of § 14 BGB (German Civil Code). A business owner is a natural or legal person or a partnership with legal capacity that, in concluding a legal transaction, acts in the exercise of its commercial or independent professional activity.
(3) In using these Services, the Affiliate agrees to these Affiliate Terms and Conditions and expressly declares that they are a business owner within the meaning of § 14 BGB (German Civil Code).
§ 2 Description of Services
(1) AffiliCon purchases products and services (hereinafter referred to as “Products”) from manufacturers and service providers (hereinafter referred to as “providers”) and sells these to customers (hereinafter referred to as “Customers”) via its online ordering process.
(2) AffiliCon operates an online marketplace at [marktplatz.affilicon.net] (hereinafter referred to as “Marketplace”) that enables Affiliates to advertise their Products by means of affiliate marketing (hereinafter referred to as the “Affiliate Programme”). The Product is described in the Marketplace and the profit-dependent revenue share (hereinafter referred to as “Commission”) is specified.
(3) Providers produce advertising material for the marketing of their products via Affiliate Programmes, including banners, product data, text links, emails and videos (hereinafter referred to as “Advertising Material”). This Advertising Material is made available to registered Affiliates by Providers in order that they can be integrated into a website operated by the Affiliate, an email or an affiliate-operated blog (hereinafter referred to as “Advertising Space”). With the marketplace, AffiliCon offers a platform via which Providers can make Advertising Material available to Affiliates, including in the form of HopLinks. AffiliCon is not the producer of the Advertising Material, is not obliged to check the advertising material for its admissibility or correctness and does not, in providing the marketplace and/or undertaking the creation of HopLinks, act as a representative of the provider.
(4) If a third party, e.g. a consumer, clicks on the link in an item of Advertising Material and a commission-eligible transaction occurs as a result of this (hereinafter referred to as “Transaction”), the Affiliate of AffiliCon will receive a Commission for the successful referral of a Customer. What constitutes a Transaction in each individual case is determined by the product description in the Marketplace and additionally by the regulations of § 6.
(5) AffiliCon monitors and logs Transactions (hereinafter referred to as “Tracking”), makes an overview of these available to the Affiliate and settles any amounts owed. Tracking carried out by AffiliCon is decisive only in regard to whether a Transaction has been brokered and forms the basis of the subsequent calculation of remuneration pursuant to § 6.
§ 3 Registration as an Affiliate
(1) In order to participate in the Affiliate Programme, the Affiliate must register on the website [my.affilicon.net] operated by AffiliCon, stating the address of its website and other data.
(2) Registration is open to legal or natural persons of at least eighteen years of age. Each Affiliate must also have a bank account. AffiliCon reserves the right to check the Affiliate’s personal details.
(3) By completing the registration form and accepting these Affiliate Terms and Conditions, the Affiliate submits an offer for the conclusion of the contract governing participation in the Affiliate Programme. The contract contains the content of these Affiliate Terms and Conditions.
(4) If AffiliCon accepts the offer, the Affiliate will receive a confirmation email. AffiliCon reserves the right to reject the offer without giving reasons.
§ 4 Participation in the affiliate programme
(1) Following acceptance of the registration request and admission to the Affiliate Programme, the Affiliate can participate in the Affiliate Programme. On the Marketplace accessible via AffiliCon’s public web pages, the Affiliate can obtain an overview of Products of providers that are eligible for marketing through the Affiliate Programme.
(2) In the online profile for registered members (hereinafter referred to as “MY Account”), the Affiliate can review and change all their personal data and information or terminate their participation in the Affiliate Programme.
(3) AffiliCon is free to prohibit use of a specific type of Advertising Material by the Affiliate at any time.
(4) Whenever a specific type of Advertising Material is incorporated, the Affiliate accepts any additional, programme-specific terms and conditions (hereinafter referred to as “Product Advertising Terms”) that are displayed when the Advertising Material in question is selected. These Product Advertising Terms become part of the contract with AffiliCon and supplement these Affiliate Terms and Conditions.
(5) If the Affiliate operates a network containing Sub-Affiliates, the Affiliate guarantees, by registering, to communicate these Product Advertising Terms to their Sub-Affiliates and to monitor and enforce compliance by these Sub-Affiliates. The Affiliate is liable for the conduct of their Sub-Affiliates.
(6) Participation in the Affiliate Programme is free of charge for Affiliates.
§ 5 Obligations of the Affiliate
(1) Upon registration
a) The Affiliate guarantees to provide the information requested during registration in a truthful and complete manner. If data entered during the registration process changes after registration, the Affiliate must update the data in their MY Account immediately.
b) VAT-paying business owners are obliged to provide AffiliCon with the tax number issued to them by the tax authority or the value-added tax identification number issued to them by the Bundesamt für Finanzen
(German Federal Tax Office) or the corresponding foreign authority. This must be done at the time of registration or by entering the information subsequently in their MY Account.
c) The Affiliate undertakes to keep confidential the access data for their MY account (email address and password) chosen during the registration process, to refrain from disclosing it to third parties and to store it in such a way that third parties cannot gain knowledge of it. Third parties may not be granted access to the registered members’ area using this access data. Insofar as there is reason to believe that third parties have knowledge of this access data, the Affiliate must inform AffiliCon immediately in writing or by email to http://support.affilicon.net.
(2) When using Advertising Materials in an Advertising Space
a) The Affiliate shall ensure, at their own responsibility, that they possess the necessary rights to the Advertising Space and/or the rights for its commercial exploitation.
b) The Affiliate must ensure that the Advertising Space specified at registration corresponds to the Advertising Space specified upon selection of the Advertising Material or the Advertising Space used for integration of the Advertising Material.
c) By integrating the corresponding Advertising Material in the Advertising Space, the Affiliate guarantees that neither the Advertising Space nor their advertising activities in general:
(i) violate the rights of third parties (in particular copyright, trademark rights, personal rights or other similar rights) and/or
(ii) breach other statutory provisions (in particular those relating to competition law), or
(iii) are of a seditious, racist, violence-promoting or pornographic nature, could be harmful to minors, or are prohibited from being made accessible to the public for any other reason.
(3) The Affiliate undertakes to refrain from carrying out any electronic attacks on the Services and/or the Affiliate Programme. The following, in particular, shall be regarded to constitute electronic attacks: attempts to compromise, circumvent or otherwise render ineffective the safety mechanisms of the Services, the use of computer programs for the automatic retrieval of data, the use and/or dissemination of viruses, worms, Trojan horses, brute force attacks, spam or the use any other links, programs or procedures having the potential to damage the Services, the Affiliate Programme or individual participants in the Affiliate Programme.
(4) When sending emails containing Advertising Material from providers, the Affiliate must, in particular, observe the ban on sending unsolicited advertising (“Spam”). The unsolicited sending of emails with advertising content is prohibited. Prior to the sending of emails, the consent of all the respective recipients must be obtained and, at the request of AffiliCon, proven in writing.
§ 6 Settlement, Payment of Commission and Holdbacks
(1) Affiliates receive a Commission from AffiliCon for each Transaction pursuant to § 2 (4). Payment of the commission is subject to any deductions or holdbacks as described in this section or any offsetting claims pursuant to § 9.
(2) The amount of Commission in individual cases - and the types of Transactions for which Commission is granted - depend on the Product Advertising Terms given in the Marketplace for the Product in question [http://marktplatz.affilicon.net]. The Commission stated as a percentage value in the Product Advertising Terms is based on the gross sales value of the product following deduction of the AffiliCon margin and the value-added tax.
Example based on an Affiliate Commission of 30%:
Gross sales price charged to the
Customer 119.00 EUR
Minus AffiliCon margin (7% + 1 EUR) 9.33 EUR
Minus value-added tax of 19% 19.00 EUR
Total amount paid out 90.67 EUR
Amount paid out to provider (70 %) 63.47 EUR
Amount paid out to affiliate (30 %) 27.20 EUR*
*plus statutory value-added tax, where applicable
(3) The right to payment of Commission is subject to fulfillment of the following conditions:
a) the Transaction must have come about as a result of the Affiliate’s advertising activity;
b) the Transaction must have been logged (“tracked”) by AffiliCon;
c) the Transaction must have been confirmed by AffiliCon;
d) the Transaction must not have been revoked by means of statutory measures (e.g. revocation, withdrawal, cancellation),
e) no return debit note or chargeback (hereinafter referred to as “Chargeback”) exists for the Transaction in question on the part of the Customer, and
f) no misuse may have occurred within the meaning of § 8 of these Affiliate Terms and Conditions.
(4) For Transactions that have already been compensated with Commission in a previous statement but for which a revocation, withdrawal, cancellation or return debit exists in the form of a Chargeback at the time of the current statement (hereinafter referred to as “Reclaims”), the already-paid Commission will be deducted from the current statement.
(5) In the calendar week following the end of the billing period agreed with the Affiliate (weekly, fortnightly or monthly), AffiliCon will draw up a statement for the Affiliate listing all Transactions from the last billing period. The statement will be made available to the Affiliate in the My- Account along with the credit note in text form. Settlement will occur by means of a credit note procedure; that is, instead of an invoice being issued by the Affiliate, AffiliCon will credit the respective Commission to the Affiliate account. The balance on the Affiliate account is not subject to interest.
(6) In the calendar week following the settlement, the Commission will be paid out to a bank account specified by the Affiliate less a holdback (hereinafter referred to as “Holdback”). The Holdback serves to protect against the risk of Reclaims. AffiliCon will draw up a separate statement for the Holdback. The amount of the Holdback depends on the number of Transactions in that particular billing period. For up to three Transactions, the Holdback is 50% of the calculated Commission, for four to ten Transactions, 20%, and for more than ten Transactions, 10%.
(7) By way of derogation from § 6 (6), AffiliCon is entitled, at its own discretion, to set the Holdback at up to 100% of the Commission value. AffiliCon will undertake the aforementioned adjustment only where there is an objective reason to do so and taking into account the legitimate interests of AffiliCon. An objective reason consists, in particular, in a number of Reclaims that is above average according to what is normally to be expected or has previously been observed for that product type.
(8) The Holdback will be paid out eight (8) weeks after the date of the corresponding separate statement, provided that no set-off against counter-claims of AffiliCon has occurred. If Transactions by direct debit have been brokered in a total volume of more than EUR 10,000.00, AffiliCon shall be entitled to issue a pay-out in regard to these direct debits only once eight (8) weeks has passed since the sending of the statement.
(9) A payout of the Commission will only take place if a minimum of three Transactions have taken place and the Commission amounts to at least EUR 100.00 net.
(10) Subject to the provisions of § 10 (3) and (4), the payout of all Commission amounts to a particular Affiliate will take place no later than twelve (12) weeks are after the end of the contractual relationship between the Affiliate and AffiliCon. This shall be without prejudice to claims by AffiliCon against the Affiliate for the reimbursement of already-paid Commission for Transactions which are no longer eligible for Commission on account of existing Reclaims.
(11) Aside from the payment of Commission, the Affiliate is not entitled to any further claims for the reimbursement of expenses and costs or similar.
§ 7 Rights of Use of Affiliates
(1) Information and data obtained within the framework of the Affiliate Programme may only be used by the Affiliate in connection with their use of the Affiliate Programme. The Affiliate is prohibited from passing this information and data to third parties or using it for any other purpose. The approved transfer of information and data to Sub-Affiliates is an exception. Express reference is hereby made to §§ 4 (5), 7 (5) and 9 of these Affiliate Terms and Conditions.
(2) The Advertising Material provided may not be altered visually, technically or in terms of its content - or modified in any other way - without the prior consent of the respective provider.
(3) The Services, the Affiliate Programme and its applications are protected by copyright and by other relevant statutory provisions.
(4) AffiliCon grants the Affiliate the revocable, non-exclusive, non- transferable right to use the Advertising Material exclusively within the scope of their participation in the Affiliate Programme and in compliance with the Product Advertising Terms and general laws and regulations. The aforementioned rights of use shall expire upon termination of the agreement between AffiliCon and the Affiliate, irrespective of the reason for this termination.
(5) No other rights of use are granted to the Affiliate. Save for the passing of necessary data to Sub-Affiliates for specific purposes (see §4, §5 and 7 (1) of these Affiliate Terms and Conditions), the Affiliate is not entitled to pass on all or part of the Advertising Material, applications and associated data that have been made available to them, or to allow third parties access to the same.
(6) The Affiliate is under no circumstances permitted to use the Advertising Material made available to them to create their own database and/or information services.
§ 8 Misuse
(1) Any form of misuse – that is, any measures that serve to promote the realisation of Transactions through unfair methods or inadmissible means and that violate applicable law, these Affiliate Terms and Conditions, the Product Advertising Terms or the AffiliCon Product and Marketing Policy – is prohibited.
(2) The Affiliate is prohibited from attempting to obtain Commission by placing orders themselves or instructing third parties to do so, or by feigning orders. The following practices, in particular, constitute abuse under the meaning of these Affiliate Terms and Conditions:
a) the feigning of business transactions that have not actually taken place, e.g. through the provision of third-party data, incorrect data or non-existent data when ordering products or completing online registrations, or
b) the use of forms of advertising that allow tracking, but for which the Advertising Material is not indicated, is undetectable or is not indicated in the prescribed form and / or size, or
c) the use of terms and expressions that, for the provider or third party’s purposes, are protected under law, particularly under trademark law, without the express prior written consent of the right holder. This could include their use in search engines, advertisements or the promotion of Advertising Space.
(3) Any form of misuse entitles AffiliCon to immediately suspend the Affiliate account in question. Within one month of the suspension, an objection may be submitted in text form for the purpose of clarifying the facts. If the facts cannot be resolved in favour of the Affiliate, AffiliCon reserves the right to give notice of termination. In the event of termination, the performance of the contract shall be governed by § 10 of these Affiliate Terms and Conditions.
(4) The Affiliate shall not be entitled to any Commission for Transactions that have been brought about in a fraudulent manner.
(5) During the participation of the Affiliate in the Affiliate Programme, the Affiliate is not permitted to bypass AffiliCon by concluding direct or indirect contracts with individual providers in the Affiliate Programme in relation to the services governed by these Affiliate Terms and Conditions, or to carry out negotiations aimed at doing so.
(6) The Affiliate undertakes to pay a contractual penalty, to be determined by AffiliCon, for each case of culpable violation of §§ 8 (1) and (2) of these Affiliate Terms and Conditions. The maximum contractual penalty that can be levied is the balance that has been accumulated and confirmed on the Affiliate account at the time of suspension.
§ 9 Indemnification and Right to Offset Payments
(1) The Affiliate must indemnify AffiliCon, at first request, against any compensation claims, liability claims, claims for receivables, damages and costs (including the costs of obtaining legal advice and defense for AffiliCon in an amount equivalent to the statutory fees, procedural and court costs and fines) that are asserted against AffiliCon in a judicial or extrajudicial manner (e.g. e.g. cease and desist letters) and that arise from or in connection with one of the following circumstances:
(i) claims or allegations by third parties in respect of the violation or unauthorized use of trademarks on Advertising Space used by the Affiliate;
(ii) the Affiliate’s violations of warranties, guarantees and obligations pursuant to
this Agreement (e.g. § 4 para. 5, § 5)
(iii) the Affiliate’s violations of legal prohibitions.
(2) In the event that claims are asserted against AffiliCon pursuant to §9 para. 1, AffiliCon is entitled to offset payment claims arising from their indemnification rights against payment claims by the Affiliate and to withhold payments accordingly. The only case in which the right to offset does not exist is if the Affiliate can prove that they are not at fault for the damage, the violation or the clams asserted against AffiliCon by third parties.
§ 10 Duration and Termination
(1) The term of the contractual relationship governed by these Affiliate Terms and Conditions and pertaining to participation in the Affiliate Programme begins with the acceptance of the registration application and ends when this agreement is terminated by either AffiliCon or the Affiliate. The contract for participation in the Affiliate Programme is concluded indefinitely and can be terminated by the parties at any time in text form.
(2) If no Commission has been credited to the Affiliate account following a period of two (2) years after registration, AffiliCon reserves the right to close the account and delete the registration. The deletion of the registration shall be considered termination. As a general principle, the submission of a renewed application for registration pursuant to § 3 is possible.
(3) Transactions concluded up to the time of termination of contract shall be settled upon receipt of the notice of termination, taking into account the provisions of § 6. Any remaining credit shall be paid to the Affiliate upon termination of contract against a processing fee of EUR 15.00. If the balance is EUR 15.00 or less at the time of the termination of contract, no payout will be made.
(4) If the contractual relationship with the Affiliate has been terminated due to misuse pursuant to § 8, the contractual penalty will be deducted from the credit as per § 8 (6).
§ 11 Data Protection
(1) The protection of personal data is of great importance to AffiliCon. At the same time, the collection, processing and use (hereinafter referred to as "Use") of such data is a prerequisite for the provision of its Services. AffiliCon collects, processes and uses (hereinafter referred to as "uses") personal data exclusively in compliance with the applicable legal data protection regulations and the AffiliCon Data Privacy Statement (LINK)
(2) AffiliCon also uses Affiliates’ contact information to contact Affiliates by email – and, where necessary, by telephone - in matters pertaining to their participation in the Affiliate Programme.
(3) Any use of the Affiliate’s personal data for purposes other than those mentioned in § 11 may occur only with the express permission of the Affiliate or on the basis of a statutory permission that grants AffiliCon this Use.
(4) The Affiliate can obtain information about the data stored about them by AffiliCon by means of the usual contact options or by lodging an inquiry with http://support.affilicon.net.
§ 12 Availability of the Affiliate Programme
(1) The Affiliate is aware that the Services and the Affiliate Programme are based on the interplay of a variety of technical functions, procured services and products, telecommunication lines and other infrastructure (hereinafter referred to as “Preliminary Inputs”). The availability of the Services and the Affiliate Programme is therefore subject to the proviso that the corresponding Preliminary Inputs are rendered in a timely manner and at a sufficient level of quality. Any liability or obligation to perform on the part of AffiliCon shall be excluded, unless AffiliCon has acted intentionally or with gross negligence.
(2) In case of force majeure, AffiliCon is exempted from its obligation to perform. Within the meaning of these Affiliate Terms and Conditions, force majeure refers to all unforeseeable events as well as to events whose effects on the performance of the contract are not attributable to either AffiliCon or the Affiliate. These include, but are not limited to, power interruptions of more than 2 hours, terrorism, a lack of availability or improper functioning of the Internet, governmental measures and labour disputes (including in third party companies).
(3) AffiliCon is entitled to temporarily limit or suspend the provision of Services insofar as this becomes necessary in light of capacity limits, the security or integrity of the servers, data protection etc., or for the execution of operational or technically essential maintenance.
§ 13 Liability of AffiliCon
(1) AffiliCon provides its Services, the Market Place and the Affiliate Program on an AS IS basis and AffiliCon makes no promises as to the percentage up-time or that the Services, the Market Place and the Affiliate Program will operate without error. Furthermore AffiliCon is not liable for any failures or disruptions in the technical infrastructure that lie outside its sphere of responsibility.
(2) AffiliCon is not responsible for the content of the websites of Affiliates, providers or third parties and for damages or disruptions caused by the defectiveness or incompatibility of the software or hardware of the Affiliate, the provider or third parties.
(3) AffiliCon shall be liable only in the event of a breach of a contractual obligation, the fulfillment of which is of particular significance to the achievement of this distribution agreement and on the fulfillment of which, the Affiliate may usually rely on (“cardinal obligation”). In case of a breach of those cardinal obligations, the liability of AffiliCon is limited to any foreseeable, typically occurring damages. The above limitation of liability does not apply for:
a) Damages resulting from intent or gross negligence;
b) Personal injuries (injury to life, body, health);
c) Explicit acceptance of guarantees by AffiliCon.
(4) AffiliCon shall not be liable if the circumstances giving rise to a claim against AffiliCon
a) are based on an abnormal and unforeseeable event on which AffiliCon had no influence and whose consequences could not have been avoided despite the exercise of due caution, or
b) were brought about by AffiliCon on account of a legal obligation.
(5) Without limiting the generality of the above section 13 (3), AffiliCon will not have any liability to the Affiliate or to any other person or organization for any indirect, incidental, consequential, exemplary, punitive or special damages of any description (including without limitation lost profits or loss or interruption of business), whether based on contract, negligence, tort or any other legal theory, regardless of whether advised of the possibility of such damages and irrespective of the number or nature of claims.
(6) Any limitations of liability in this section 13 do also apply for the personal liability of AffiliCon’s employees, servants and agents.
§ 14 Exercise of Rights by Third Parties, Transfer of Agreement
(1) For the purpose of performance of the contract and the exercise of rights afforded to AffiliCon under these Affiliate Terms and Conditions and under law, AffiliCon may use other companies and service providers as vicarious agents.
(2) AffiliCon is authorized to transfer its rights and obligations arising from this contractual relationship in whole or part to a third party by giving 4 (four) weeks notice to the Affiliate.
(3) The Affiliate may transfer rights and obligations arising from the contractual relationship between AffiliCon and the Affiliate to a third party only with the approval of AffiliCon. In particular, the registration in the Affiliate Programme is not transferable to third parties.
§ 15 Changes to the Affiliate Terms and Conditions
(1) AffiliCon reserves the right to change these Affiliate Terms and Conditions at any time and to adapt them in line with changing business conditions. The Affiliate shall be notified of any such changes at least four (4) weeks before their planned entry into force.
(2) Insofar as the Affiliate does not object within four (4) weeks of receipt of this notification pursuant to § 15 (1) and their use of the services continues after expiry of the objection period, the changes will be deemed to have been effectively agreed from the time this period expires. In the event of an objection, the Affiliate Terms and Conditions shall continue under the existing conditions; § 10 (1) shall remain unaffected. In the amendment notification, AffiliCon will notify the Affiliate of their right of objection and the consequences.
§ 16 Final Provisions
(1) The contractual relationship between AffiliCon and the Affiliate governed by these Affiliate Terms and Conditions does not constitute a company and thus does not authorise either party to make legally binding declarations for the other party or the two parties jointly or to otherwise commit the other party to an obligation or represent them in any way.
(2) These Affiliate Terms and Conditions and all legal relations between AffiliCon and the Affiliate shall be governed by the substantive law of the Federal Republic of Germany to the exclusion of the UN Convention on CISG.
(3) The exclusive place of jurisdiction for all disputes arising out of and/or in connection with this contractual relationship between AffiliCon and the Affiliate is Cologne.
(4) Insofar as individual clauses of these Affiliate Terms and Conditions prove to be wholly or partially invalid, the validity of the remaining provisions shall remain unaffected. The ineffective provision shall be deemed to be replaced by the provision that comes closest, in economic terms, to replicating the meaning and purpose of the ineffective provision in a legally effective manner. The same applies to any loopholes.
Cologne, June 2018
Terms & Conditions for customers
§Scope of application
(1) These General Terms and Conditions govern the authorized sale of goods and services (hereinafter: “Products”) by AffiliCon GmbH, Hohenzollernring 5, 50672 Cologne (hereinafter: “AffiliCon”) through the online order process operated by AffiliCon (hereinafter: “Online Order Process”).
(2) These General Terms and Conditions are aimed at both consumers within the meaning of Section 13 of the German Civil Code (BGB) and entrepreneurs within the meaning of Section 14 BGB (hereinafter: “Customers”). A consumer is any natural person completing a legal transaction for a purpose that is not associated either with his/her commercial or independent professional activity. An entrepreneur is a natural or legal person or a legal partnership that exercises its commercial or independent professional business by entering into a legal transaction. If provisions of these General Terms and Conditions are solely intended for either consumers of entrepreneurs, this shall be especially highlighted in the following.
(3) AffiliCon sells Products from traders and service providers (hereinafter: “providers”) who, in the event of an order from the Customer to AffiliCon, are immediately obligated to perform a service for the Customers and thus act as vicarious agents of AffiliCon.
(4) If there is a pre-existing, ongoing business relationship between the Customer and AffiliCon, these General Terms and Conditions shall also be valid if reference to their inclusion is made when concluding future contracts.
§2 Product descriptions
The significant properties of the Products offered by AffiliCon result from the Product descriptions
from the respective provider.
§3 Conclusion of contract
(1) The Products presented on the provider’s website and the price information and offers given there do not constitute an offer from the provider to conclude a contract. The Customer is merely invited to make an offer to purchase the respective Product by placing an order.
(2) By placing this order, the Customer makes a binding offer to conclude a contract with AffiliCon regarding the respective Product. By placing the order, the Customer recognizes these General Terms and Conditions as binding for the purchase. In the event of services from the Provider, to whom we discernibly generate access for the Customer, the provider’s information shall also apply.
(3) AffiliCon shall confirm receipt of the order from the Customer by sending a confirmation email. This order confirmation does not constitute an acceptance of the contractual offer by AffiliCon. With this confirmation email the Customer shall receive the cancellation notice and payment information where necessary.
§4 Special provisions for individual product types
a) The supply of software takes place through the provision of a download link and the granting of rights of use according to Section 4 (1) c).
b) The Customer has verified prior to the conclusion of the contract that the specifications of the software meet his wishes and requirements. The significant functional characteristics and conditions of the software are given on the website of the provider and in the Order Process.
c) AffiliCon shall grant the Customer the rights contained in the license terms of the software, and at least the irrevocable and non-sublicensable right to store the software on a data carrier and to execute it by loading into the working memory.
d) The Customer is forbidden from passing the software on to third parties, such as through a peer-to-peer network, and from making it accessible, uploading it or distributing it in any other way and/or supporting such activities. The Customer may only pass on the software - including the license keys - to third parties if this is expressly permitted in the license conditions of the software and only in accordance with the provisions contained in these license conditions. e) The Customer can receive a back-up copy of the purchased software on CD by selecting the “back-up copy” field in the basket during the Order Process if this is offered for the actual Product. The license conditions of the software shall apply in full to this copy.
a) E-Books are protected by copyright and are only intended for purchase for personal use. The Customer shall acquire a simple and non-transferable right of use allowing the private or professional use as an individual user.
b) The Customer may use copies of the e-book for his private or otherwise personal use according to the respective Product description and he may store it on reading devices and use it on such devices according to the applicable conditions.
c) Any further use, in particular the transmission, processing, duplication or reproduction, distribution, publication of or provision of public access to the eBook, in whole or in part, whether in digital form, by remote data transmission or in a similar form, is not permitted and may be subject to prosecution.
a) The Customer shall receive a link and login details in order to participate in the webinar. Passing the link on to third parties is not permitted. The Customer undertakes to follow the instructions in connection with the respective seminar description.
b) If the Customer does participate in the booked webinar or does not login without having requested an effective written cancellation or rebooking in advance, the full participation fee shall be charged. Any reimbursement of the paid participation fee is not possible in this case.
c) AffiliCon and the provider of the webinar have no influence on the technical functionality of the webinar access software and other software which is used to provide the webinar.
d) The Customer recognizes that a 100% availability of the webinar is not technically possible. In particular, maintenance, security or capacity matters, as well as other events which are outside the control of AffiliCon or the provider of the webinar (such as disruptions to public communication networks, power failures etc.) may lead to short-term disruptions or a temporary stoppage of the webinar.
e) Webinar speakers may be replaced by other persons who have comparable qualifications in the same subject matter in the event of special, unforeseeable circumstances. A cancellation claim or claim for the reimbursement of expenses shall not exist in these cases.
f) If a webinar is cancelled for good cause, the Customer shall receive a refund for the full participation fee. A claim to any further liability and compensation claims shall not exist unless gross negligence exists on the part of AffiliCon or the provider.
g) Under certain circumstances, partial or whole audio and video recordings of the webinar may be made in order to provide the recording to those participants who were unable to join the webinar, for example. Chat and verbal contributions from Customers shall also be recorded; it shall be clear from the name given by the Customer in the participant list that this person has contributed. A subsequent “cutting out” of such verbal contributions is not possible for technical reasons.
a) A withdrawal from the contract for a booked seminar product is only possible at the latest 14 days before the seminar.
b) Should an event be cancelled due to a low number of participants, illness on the part of the speaker or another good reason, the price paid in advance shall be reimbursed. Any further claims are excluded. This must be considered when booking travel or making other preparations. If a cancellation occurs, this shall normally take place one to three days in advance. The same shall apply for the seminar being overbooked or the overbooking of sub-allocations intended for certain target groups.
c) The seminar documents are protected by copyright. The Customer is not permitted to forward the seminar documents to third parties and this may lead to criminal prosecution or civil penalties.
(5) Audio-/Video files
AffiliCon and the manufacturer / vendor do not provide the Customer with ownership of the audio or video files. The Customer shall only acquire a simple, non-transferable right to use the offered item for personal use, which may be revoked until full payment of the license fee, or in the event that this involves an entrepreneur, to use the item within a company in compliance with the special license conditions of the provider.
§5 Availability of goods and supply reservation
(1) The delivery and provision of Products shall take place predominately over the internet so that availability is usually guaranteed, subject to the availability of the accompanying materials such as data carriers and brochures.
(2) In individual cases the availability of the respective Products may result from an availability notification from the provider. Such a notification is unbinding, however, as the number of orders may exceed the stock of the Products concerned for technical reasons. In the event of overselling, the Customer shall be immediately informed of this by AffiliCon or the provider.
§6 Purchase price and shipping costs
(1) The information given in the Online Order Process as well as the following provisions shall apply for the prices of the Products.
(2) If the performance of services does not take place via download, but by way of a physical shipment, the shipping costs shall be added to the Product price. The shipping costs shall be displayed in the detailed item view in the Online Order Process.
(3) Our prices include VAT or accordingly sales tax, which shall be displayed separately in the Online Order Process.
§7 Payment by the customer
(1) The payment methods available for the order shall be displayed for the Customer as part of the Online Order Process. The payment for the ordered Products shall then take place through the method selected by the Customer during the Online Order Process.
(2) If the Customer has selected a credit card payment, a PayPal payment or an instant transfer, AffiliCon reserves the right to carry out a check as regards the validity of the selected payment method before accepting the order.
§8 Delivery to the customer
(1) As the offered goods and services primarily consist of digital Products, the delivery shall generally take place via download without any geographical restrictions. Otherwise, the delivery shall take place within Germany and other countries specified by the provider which are highlighted during the Order Process and which can be selected by the Customer.
(2) If this involves physical Products, the shipment shall be carried out within the delivery period specified during the Online Order Process by a shipping provider (e.g. DHL, UPS, DPD) to the delivery address provided by the Customer. The Customer shall be notified of the shipping confirmation via email. This email shall usually be sent by the provider of the Product or a shipping provider who acts as a vicarious agent of AffiliCon in this respect.
(3) If a delivery is not possible due to structural particularities at the delivery address or if the Customer cannot be reached at the delivery address provided by him, despite having been given appropriate notice of the delivery time, the Customer must bear the costs of the unsuccessful delivery. In the event of three unsuccessful delivery attempts, AffiliCon shall have the right to withdraw from the contract.
(4) The Customer shall only be obliged to collect the goods himself if self-collection was expressly offered in the Online Order Process for the respective Product and was selected by the Customer.
(5) The Customer must immediately report a defect to the physically delivered Products to AffiliCon.
(1) The Customer’s warranty rights shall comply with the general statutory provisions unless anything to the contrary is specified in the following.
(2) The limitation period for the Customer’s warranty claims amounts to 2 years for newly manufactured goods and 1 year for used goods if he is a consumer. The limitation period for entrepreneurs amounts to 1 year for both new and used goods.
(3) The above reduction of the limitation periods shall not apply for compensation claims from the Customer due to an injury to life, limb or health as well as for compensation claims due to a breach of an essential contractual obligation. Essential contractual obligations are those whose fulfilment is necessary to achieve the aim of the contract, e.g. AffiliCon must provide the item to the Customer free of defects of title. The above reduction of the limitation periods shall also not apply for compensation claims based on an intentional or grossly negligent breach of duty by the AffiliCon or its legal representatives or vicarious agents. The recourse claims according to Section 478 BGB are also exceptions from the reduced limitation periods with respect to entrepreneurs.
§10 Limitation of liability
(1) AffiliCon rejects any liability for financial or other immaterial damages in connection with the concluded or intended contract unless the bodies of AffiliCon and/or their vicarious agents have caused such damages with intention or gross negligence. The above liability limitation shall not apply for damages resulting from a breach of essential contractual obligations (cardinalobligations).
(2) AffiliCon cannot be held liable for technical transmission delays or failures unless AffiliCon has caused such transmission delays or failures in an intentional or grossly negligent manner.
(3) AffiliCon shall not accept any liability for the disruption-free availability of the system, nor for system-related failures, interruptions and/or faults to the technical equipment if these lie outside of the control of AffiliCon. In particular, AffiliCon shall not be liable for faults in the quality of access to the AffiliCon service due to force majeure or events which were not the responsibility of AffiliCon, in particular the failure of communication networks and gateways. AffiliCon shall not generally be liable for insignificant disruptions to the service.
§11 Data protection
(1) AffiliCon complies with the applicable data protection laws and collects, processes, stores and uses personal data belonging to the Customer solely in accordance with the provisions of the AffiliCon data protection statement.
(2) AffiliCon shall only pass on the Customer’s personal data to providers only insofar this is necessary for one of the following reasons:
(i) to facilitate the delivery or provision of the Product by the provider;
(ii) for the Provider to supply technical and/or other support to the Customer, or
(iii) if the Customer has expressly consented to receiving the provider’s newsletter.
§12 Termination of a contract for recurring services
If the object of the contract is recurring services (e.g. subscriptions) for which remuneration must be repeatedly paid at set intervals, the Customer may terminate the contract at any time through a declaration in writing (e.g. email, fax) with effect from the end of the respective billing period. Fees which have already been paid shall only be reimbursed if this involves fees for future billing periods. Following receipt of the termination, AffiliCon shall not carry out any further debits from the Customer’s account.
§13 Concluding provisions
(1) In the event that individual provisions of these General Terms and Conditions are or become invalid, then this shall not affect the validity of the remaining provisions of this agreement, subject to Section 305 et seqq. In the event of the invalidity of individual or several provisions, the statutory regulations shall apply.
(2) The services of AffiliCon shall take place solely on the basis of these General Terms and Conditions and any additional information from the provider. Conflicting terms and conditions of the Customer shall only apply if they are expressly recognized by a director or senior executive of AffiliCon. Tacit recognition of Terms and Conditions belonging to the Customer is excluded.
(3) For these General Terms and Conditions and all legal relationships between the Customer and AffiliCon, the substantive law of the Federal Republic of Germany shall apply, excluding the UN law of sale.
(4) The place of jurisdiction for all disputes resulting from and/or in connection with these General Terms and Conditions governing the contractual relationship between AffiliCon and the Customer is Cologne if the Customer is a businessman, a legal entity under public law or a special fund under public law.
Cologne, May 2018
Your right to cancel: a brief summary of the most important (English Version)
- You can cancel your order within 14 days.
- Voluntary return guarantee: Many of our product suppliers also give their products a longer return period. Of course we take this into account in the case of a cancellation.
- The best way for your cancellation: Simply send us an e-mail to email@example.com or use the contact form http://support.affilicon.net.
- Please do not arrange a charge back at your bank. Because this causes unnecessary costs for you and for us.
- Returning the goods: Please always send returns directly to the product provider.
Instructions on cancellation
Right to cancel
The cancellation period will expire after 14 days from the day on which you, or a third party other than the carrier nominated by you acquires, physical possession of the last good.
To exercise the right to cancel, you must inform us (AffiliCon GmbH, Hohenzollernring 5, 50672 Köln, Deutschland, firstname.lastname@example.org, Phone: +49 221 985 935 - 0, Fax: +49 221 985935-199) of your decision to cancel this contract by a clear statement (e.g. a letter sent by post, fax or e-mail). You may use the attached model cancellation form, but it is not obligatory.
To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right of cancel before the cancellation period has expired.
Effects of cancellation
If you cancel this contract, we will reimburse to you all payments received from you, including the costs of delivery (except for the supplementary costs arising if you chose a type of delivery other than delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract.
We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.
You shall send back the goods or hand them over to us, without undue delay and in any event not later than 14 days from the day on which you communicate your cancellation from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired. You will have to bear the direct cost of returning the goods. You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
Model cancellation form
(If you want to cancel the contract, please fill out the form below and send it back to us.)
— To AffiliCon GmbH, Hohenzollernring 5, 50672 Köln, Deutschland,
— I / We(*) hereby give notice that I /We(*) cancel my/our (*) contract of sale
of the following goods (*)/for the supply of the following service(*)
— Ordered on (*) / received on (*)
— Name of consumer(s)
— Address of consumer(s)
— Signature of consumer(s) (only if this for is notified on paper)
(*) Delete as appropriate
Product & marketing policy
AffiliCon GmbH is operating a distribution platform including an online order process, through which Manufacturers and Vendors (subsequently called „vendors“) of products and services are enabled to make their products and services available for a huge audience in the internet. For this purpose the vendor has to create a personal account in the AffiliCon system and describe his product(s).
The vendors on the other hand run their own websites or online portals, through which they offer their products and services to the potential customers.
AffiliCon GmbH allows you as a vendor the sale of your products through the platform of AffiliCon only, if you observe and abide by the following rules:
- Please make sure that your web pages are available to our product screening as well as your customers without any long loading times.
- Please make also sure that the prices which are displayed to the customers on your sales page are identical to the prices entered into the AffiliCon System. In case of differences your product may be declined or deactivated by our product screening.
- You need a comprehensive and legally compliant "legal information" page on your website which is available through a visible link on your sales pages as well as your "thank you" pages (the page displayed to your customers when they have successfully purchased your product or services).
- Please note that we need access to your product, to be able to screen it. Without access in most cases, we will not be able to approve your product for the sale through our order forms.
- Please have a functioning sales page equipped with a "purchase"-button correctly linking to the order form of AffiliCon. (the respective link to the order form will be displayed in the product list of the MY-area).
- Please display a reference along the lines of: „The charge to your payment method will be executed by AffiliCon GmbH“ on your "thank you"- and download page. This is also in your own interest, since it reduces the rate of chargebacks for payments made by direct debit, credit card or PayPal.
- We can not accept or allow links on your sales or "thank you" pages leading to other payment providers or market places like AffiliCon. The reason for that is our obligation towards our Affiliates, whose efforts would not be tracked if the purchase is executed by another payment provider. So as a result they would not receive their fair share of the transaction despite their investment leading to the successful transaction.
- In case of Upsells: Please make sure that the customer is informed through the shopping basket- or purchase-button on your Upsell-sales page about the correct price of the Upsell-product and if it is a subscription or not. This information may not be "hidden" in a video, but has to be visible immediately.
- Please note that we reserve the right to decline any products in connection with pornography, the display or glorification of violence, dubious money making systems (e.g. Ponzi schemes) as well as other illegal or from our perspective unethical or dubious products. As a rule of thumb your product must in principle be capable of realistically fulfilling the expectations of the customers that have been raised by your sales pages.
- In your own interest, you should absolutely avoid any wording that is in conflict with German and other countries' competition regulations, such as ("The No. 1 product...") claims or inadmissible health claims (example: "Get rid of 10 pounds in 10 days guaranteed" or "Vitamin C - for the reduction of colds") on your sales pages, but above all especially in the product description appearing on the order form. Even though our screening team can support you here with its experience in this area, it is worthwhile having the advertising statements checked by a lawyer specialised in competition law and law of unfair commercial practices, because even the first step towards a lawsuit (a so called "Abmahnung", which is kind of the German equivalent of a "cease and desist" letter) is usually expensive, time-consuming and unpleasant and not worth the trouble.
To ensure compliance with these requirements, all products are checked by our support as part of a "product screening". If the above preconditions are met by your product, you can usually expect a quick approval. If your product should be declined in the screening process, you will of course be given the opportunity to remedy the issue.
Should you have any additional questions, please contact our client support.
Cologne, July 2018