§ 1 Basic Provisions (asat 13.10.10)
(1) The Supplier aerobis Limited, Dieselstr. 13, 50859 Cologne, Germany - hereinafter referred to as Advertiser - offers on the website http://b2b.aerosling.com/ an affiliate partner program.The following terms and conditions apply to all affiliate contracts between the Advertiser and the Customer - hereinafter referred to as Affiliate - which will be concluded on the website of the Advertiser.Unless otherwise agreed, the inclusion of the Affiliate's own conditions is excluded.
(2) Contract language is English. The contract will be stored at the Advertiser's. Such storage is however only temporary, therefore the Affiliate shall provide himself with a printout or with a separate storage.
§ 2 Subject of the contract
The Advertiser provides the Affiliate with advertising material, which the Affiliate has to introduce on his webpage(s) to advertise the offers of the Advertiser. The advertiser pays the Affiliate a performance-based fee in accordance with the following provisions.
§ 3 Conclusion of the contract
(1) The offer of the Advertiser on the Internet does not constitute any binding offer to conclude a sales contract but an invitation to submit an application (the Affiliate offer).
The registration of the Affiliate is made via the registration form on the website of the Advertiser.
At the time of registration the Affiliate must enter the required personal data completely and accurately. When the data change, the Affiliate has to inform the Advertiser immediately.
(2) Registration is possible only for websites that are registered on the notifying Affiliate, contain a complete list of the company details in accordance with the applicable statutory provisions and whose contents do not violate the laws of the Federal Republic of Germany.
If the website registered through the Affiliate is registered to a third website, the Advertiser reserves the right to demand an appropriate proof.
(3) By submitting the application through the appropriate button the Affiliate makes a binding offer to the Advertiser. The Affiliate will receive an upfront automatic email confirming the receipt of his application, which does not lead to the conclusion of the contract.
Acceptance of the offer (and hence the conclusion) is performed by confirmation in writing (e.g. e-mail).
In case the Affiliate does not receive any confirmation within 7 working days he is no longer bound to his registration. Any performance already effected will be refunded immediately in such a case.
§ 4 Cancellation right for consumers
(A consumer is any natural person who concludes a transaction for a purpose which can be attributed neither to his commercial activity nor to his self-employed operations)
You can cancel your contractual declaration within 14 days in writing (e.g. letter, fax, e-mail) without giving any reasons. The time limit begins after receipt of this notification in writing, but not before concluding the contract and also not meeting our information requirements pursuant to Article 246 § 2 in connection with § 1 sub-section EGBGB 1 and 2 as well as our obligations according to § 312g sub-section 1 sentence 1 BGB in conjunction with Article 246 § 3 BGB. Your right is ensured if your written revocation takes place during the time limit.
The cancellation must be sent to:
aerobis Limited, Dieselstr. 13, 50859 Cologne, Germany
Consequences of cancellation
In the case of effective cancellation the services received by either party and any benefits that may have been accrued (e.g. interests) shall be returned. If you cannot restitute to us the entire or parts of the service received or only in a deteriorated condition you will need to pay a compensation. This can cause you to fulfill your contractual payment obligations for the period up to cancellation.
Any obligations to refund payments shall be performed within 30 days. The time limit begins for you when you send your cancellation, for us with their receipt.
Your right of cancellation expires prematurely if the contract has been fulfilled by both sides on your specific request before you exercise your right of cancellation.
End of cancellation policy
§ 5 Commission / Terms of payment
(1) The Advertiser pays the Affiliate a commission per sale.
All sales are recorded and verified based on the transaction system of the Advertiser within the limits of technical feasibility. Sales will be recorded e.g. through cookies and / or session tracking. A sale is valid when a user of the medium offered by the Affiliate after clicking on the advertisement of the Advertiser effectively concludes a contract with the Advertiser for the purchase of goods or services. If the completed contract is ineffective or is effectively canceled, commission will be canceled.
(2) The amount of commission per sale is 10% of the order value (excluding shipping costs).
The commissions constitute the final price. They comprise all price components, including all applicable taxes.
(3) At the end of each calendar month the Affiliate receives from the Advertiser a statement of the commissions incurred in electronic form.
The payout of accrued commissions will occur within the third working day of the following calendar month to the bank account specified by the Affiliate, if the commission credit reported on the statement exceeds 50,00 EUR. If the reported commission credit does not exceed 50.00 EUR the payout takes place only in that subsequent month in which the commission credit reported on the statement exceeds 50,00 EUR. An interest rate of deposits will not occur.
After termination of the contract the existing commissions will be paid regardless of the amount of the credit.
§ 6 Obligations of the Affiliate
(1) The proper technical integration of the advertising material of the Advertiser on the registered website of the Affiliate is the exclusive responsibility of the Affiliate.
The Affiliate is obliged to integrate on his website the tracking code provided by the Advertiser that is designed to detect and record the users coming from the websites of the Affiliate (code requirement). The Advertiser will inform the Affiliate of any necessary technical adjustments by e-mail. The Affiliate is obliged to implement the necessary adjustments immediately.
The non-installation, removal or manipulation of the recording codes entitle the Advertiser to immediate termination.
(2) The advertising material and the tracking codes provided by the Advertiser cannot be changed by the Affiliate without the Advertiser's approval.
The placement and frequency of the advertising material's integration are at the discretion of the Affiliate.
(3) It is prohibited to include advertising material of the Advertiser on sites which contain or advertise themes which are harmful to minors, pornographic, erotic, frivolous, fairly extreme, abusive, illegal, and any other similar themes.
It is also forbidden to include advertising material of the Advertiser on sites that violate third party rights (especially copyrights, naming rights, trademark rights) or violate existing laws.
The Affiliate shall expressly indemnify the Advertiser against all asserted claims by third parties. This also affects the costs of the necessary legal representation in this context.
(4) The Affiliate agrees to organize his website(s), in which he integrates the advertisement of the Advertiser, in accordance with applicable statutory provisions, in particular consumer protection regulations.
The Affiliate shall immediately inform the Advertiser on substantive or technical changes to its website, which go beyond the level expected in the contract. The Affiliate warrants that in this case no further Advertiser's commercial will be shown on the respective websites of the Affiliate without a prior agreement.
(5) The Affiliate is prohibited from sending unsolicited third e-mail (spam), and using in such e-mails the advertising material provided by the Advertiser and URL codes .
The Affiliate may use the advertising material and URL codes in e-mails only if the consignees have already expressly and verifiably agreed to receive the e-mails and if the e-mails meet the statutory provisions, e.g. legally valid company details must be shown .
§ 7 Penalty
In case of infringement of the provisions of § 5 Paragraph (1) and (2) of these terms and conditions, with the intent of affecting the statistics through manipulation and the amount of the commition to be paid by the Advertiser to the Affiliate, a penalty in the amount of 5,000.00 EUR incl.VAT is due.
The same applies when an Affiliate already excluded due to breach of contract participates or tries to participate again to the Advertiser's affiliate program under a false name.
§ 8 Termination
(1) The contract can anytime be terminated with a notice period of three working days. The termination must be in writing.
(2) The right to extraordinary termination for exceptional reason remains unaffected.
The attempt to unfairly influence the contractual commercial success entitles the Advertiser to immediate termination. This applies especially to masses of clicks-owned, to using mislead links or illegal contents, spam, manipulation or non-installation of the codes of registration or incorrect information Further compensation claims and in particular the assertion of a penalty pursuant to § 7 of these Terms remain reserved in any case.
(3) If the contract is terminated, the Affiliate must remove all the advertising material provided by the Advertiser within 48 hours .
§ 9 Warranty
(1) Legal regulation shall apply.
(2) If the Affiliate is an entrepreneur the following is applicable differing from paragraph (1):
The Affiliate is obliged to check the invoice immediately and with due care and to inform about any obvious deficiencies in writing within 2 weeks after inspection or possibility of inspection; the seasonable dispatch is sufficient for compliance with the deadline. This also applies to any hidden defects discovered at a later date.
In the event of a violation of the duty to give notice of defects no warranty claims may be raised.
§377 of the HGB shall apply accordingly.
§ 10 Liability
(1) The Advertiser is fully liable for damages arising from injury to life, body or health to the extent that he fraudulently conceals a defect or has accepted a guarantee for the quality of the purchased item, in all cases of intent or gross negligence, for damages under the Product Liability Act or the extent otherwise required by law.
(2) As long as no essential contract duty arising from the contract is excluded, the violation of which endangers achieving the contractual purpose, the liability of the Advertiser is limited to, for ordinary negligence, foreseeable damages that are typical for contracts.
(3) In case of breach of minor contractual obligations, liability for slight negligence is excluded.
(4) The data communication over the Internet at the current state of the art cannot be error-free and / or guaranteed at all times. The Advertiser is liable for neither the extent nor the continuous uninterrupted availability of the website or the services offered.
§ 11 Place of Performance, Jurisdiction
(1) German law applies to the exclusion of the UN Trade Law. This choice of law applies for Consumers only as far as the protection granted by the imperative provisions of the law of the State in which the consumer has its habitual residence is not withdrawn (favourability).
(2) The place of performance for all services arising from the business relationship existing with the Advertiser and the area of jurisdiction is the registered office of the Advertiser, to the extent that the affiliate is not a consumer, but is a trader, a legal entity under public law or a special fund under public law.
The same applies if the Affiliate has no general jurisdiction in Germany or the EU or the domicile or habitual residence are not known at the time the action is filed. The authority to appeal to the court at a different legal place of jurisdiction remains untouched hereby.
§ 12 Amendment of Terms
The Advertiser reserves the right to modify these Terms at any time without giving reasons. The amended terms will be sent to the Affiliate via e-mail at least two weeks prior to their entry into force. If the recipient does not object to the applicability of the revised GTC within two weeks after receiving the e-mail, the amended terms shall be deemed to have been accepted. The Advertiser will specify the meaning of this two weeks time limit in the e-mail containing the changed Conditions.
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