General Terms and Conditions Recommendation Marketing (Affiliate Program) for the CartoonWunder software
(1) These conditions of participation (hereinafter “GTC”) apply to the contractual relationship between Kundenwunder UG (limited liability), Kirchberg 45, 40699 Erkrath (hereinafter “Kundenwunder”) and the contractual partners (hereinafter “partners”) of the CartoonWunder affiliate Program (hereinafter referred to as the “partner program”).
(2) We provide our services exclusively on the basis of these terms and conditions. The partner’s own terms and conditions require our express written consent and therefore do not apply even if we do not expressly contradict them.
(3) The General Terms and Conditions only apply to entrepreneurs within the meaning of § 14 BGB (German law). Consumers are excluded from participating in the partner program.
2. Conclusion of contract
(1) A contract between us and the partner for the placement of advertising material is concluded exclusively via our online application process at CartoonWunder. By registering, the partner submits an offer to participate in the partner program and accepts the terms and conditions.
(2) There is no entitlement 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. Object of the contract
(1) The subject of this contract is participation in the partner program, which is intended to increase the sale 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 an individual link through which he can direct customers to our website.
(2) The partner is free to place his link on his website (hereinafter referred to as the “partner website”). The partner is free to decide whether and how long he places his link on the partner website. He is entitled to remove the link at any time. He can use the link in email, social media or other online and offline media.
(3) For the application and successful mediation of transactions (e.g. orders), the partner receives a commission, which depends on the scope and real value of the service. The details result from the description of the respective campaign in the partner program and section. 7 of these terms and conditions.
(4) The partner program does not establish any other contractual relationship between the parties beyond this contract.
4. How the partner program works
(1) The partner must register for the partner program with the data requested during registration. After registration, a partner account is set up for the partner, through which the partner can manage his partner activities.
(2) For approved campaigns, we provide the partner with a specific HTML code for links and other advertising media that can be used to identify users of the partner websites when they click on the link. The partner must use this HTML code to enable tracking.
(3) Via the customer account, the partner also has access to certain statistical data specified by us via the links he uses.
(4) The partner has the option of using a link to recruit further partners (hereinafter referred to as “2nd level partner”). For the purchases of customers that are generated by 2nd level partners via their link, the partner receives a commison in accordance with No. 7. This does not give rise to a right to recruit 2nd level partners.
5. Our duties
(1) We provide the partner with the necessary links.
(2) We ensure that visitors who come to our website via the partner’s link are appropriately tracked (hereinafter referred to as “partner leads”). We also ensure that any orders are assigned to the partner by partner leads (hereinafter referred to as “sales”).
(3) We operate our website and the services offered on it, such as the provision of product data, within the scope of the technical options available to us at our own discretion. In this context, we do not owe any error-free and / or uninterrupted availability of the website. The quality and correctness of the products and advertising material offered on our website are at our sole discretion.
(4) We also undertake to pay the commissions in accordance with No. 7 under the conditions specified there.
6. Rights and obligations of the partner
(1) The links may only be used by the partner for the purposes provided in this contract.
(2) The partner is responsible for the content of his website, emails and social media posts and will not place any content there that violates applicable law, morality or the rights of third parties and / or is suitable for the duration of this contract, harm our reputation. We are entitled, but not obliged, to check the partner websites. The partner is particularly prohibited from distributing content that includes, displays or promotes
• glorification of violence and extremism of any kind,
• Calls and incitement to commit crimes and / or violations of the law, threats to life, limb or property,
• agitation against people or companies,
• statements that violate personality, defamation, defamation and defamation by users and third parties as well as violations of the fair trading law,
• copyright infringing content or other violations of intellectual property rights or
• sexual harassment of users and third parties
Such content may neither be integrated on the partner website itself nor linked from the partner website to corresponding content on other websites.
(3) Any form of abuse, i.e. The generation of leads and / or sales using unfair methods or inadmissible means that violate applicable law and / or these terms and conditions is prohibited. The partner is particularly prohibited from attempting to generate leads and / or sales using one or more of the following practices or to ensure that sales are assigned to the partner:
Pretending leads or sales that have not actually occurred, e.g. by the unauthorized provision of third-party data or the provision of incorrect or non-existent data when ordering goods on our website
• Cookie dropping: Cookies must not be set when you visit the website, but only if the user of the partner website has previously clicked on the link in a voluntary and conscious manner.
Other forms of affiliate fraud (in particular cookie spamming, forced clicks, affiliate hopping) as well as the use of layers, add-ons, iFrames and Postview technology in order to increase leads.
• Use of terms protected by law, in particular trademark law, for us or third parties, for example in search engines, when placing advertisements or when advertising 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 with the products we offer. 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 connected to us in a way that goes beyond the partner program and this contract. Any use of materials or content from our website and our logos or brands by the partner requires our prior written approval.
(4) The partner undertakes to operate the partner website in accordance with applicable law and, in particular, to maintain a proper imprint.
(5) E-mail advertising that contains the link or otherwise advertises for us may only take place if all addressees have expressed consent to the advertising by e-mail and a verification of the e-mail address by a double opt-in procedure was carried out and documented.
(6) The partner will immediately remove advertising material from the partner website if requested to do so by us. This also applies, and in particular, to websites on which we do not want or no longer wish to include advertising media for whatever reason.
(7) The partner undertakes to refrain from electronic attacks of any kind on our tracking system and / or our websites. Attempts to overcome, circumvent or otherwise override the security mechanisms of the tracking system are deemed to be electronic attacks, the use of computer programs for the automatic reading of data, the application and / or distribution of viruses, worms, Trojans, brute- Force attacks, spam or the use of other links, programs or procedures that can damage the tracking system, the partner program or individual participants in the partner program.
(1) The contractual partner receives a performance-based commission for sales that are carried out on our website by partner leads.
(2) The right to payment of the commission arises only under the following conditions:
• the partner’s advertising activity resulted in a sale of an end customer with us,
• the sale has been recorded (“tracked”) by us,
• The sale has been approved and confirmed by us
• there is no abuse within the meaning of para. 6.3 of these terms and conditions.
(3) A sale is a fully executed order generated on our website by an end customer and paid for by the end customer. Reversals – for whatever reason – are not considered a sale if the end customer has not paid or the payments made by him are reimbursed. Reversals that occur more than 8 weeks after payment by the end customer are not taken into account.
(4) Orders from the partner or his relatives are not subject to commission.
(5) Orders that come about due to partner leads that were generated via partner websites or other advertising space, for which we have asked the partner to remove the advertising material, are not subject to commission. This applies from the time of the request.
(6) The tracking system we use is decisive for the question of whether a sale is based on a partner lead. Unless otherwise specified in the partner program or for individual campaigns, the “Last Cookie Wins” principle applies for a cookie term of 30 days. We are under no obligation to pay if and to the extent that the tracking system fails or another malfunction is caused, which means that it is not possible to assign leads or sales to individual partners, or only with considerable effort.
(7) The amount of the commission depends on the amount specified in the respective campaign at the time of the sale. Unless otherwise stated, a commission of 40% of the net price of the respective sale applies.
(8) All stated commissions are net and are paid to partners based in Germany plus VAT, provided the partner is entitled to deduct VAT. Otherwise, the commissions are paid out with reference to the partner’s small business in accordance with Section 19 of the VAT Act. The partner confirms his VAT status when registering for the partner program.
For European Partners outside of Germany commission is payed without VAT.
For non-European Partners commission is payed without VAT.
(9) The partner receives 10% commission for sales generated by partner of the second level.
(1) We will provide the partner with a settlement of the compensation claims in his customer account. The partner will check the settlement immediately. If the partner has objections to billing, these must be made to us in writing within four weeks. After this period has expired, the settlement is considered correct.
(2) Commission claims are due for payment two months after the end of the month in which the end customer receives payment for the sale in question. Claims for commission are only due when a minimum payment of EUR 30 excluding VAT or the equivalent in the respective currency has been reached.
(3) The payment is made by bank transfer with debt-relieving effect to the bank details stored by the partner in the customer account. Any bank charges (e.g. for bank details abroad) are borne by the partner.
(1) Unlimited liability: We have unlimited liability for intent and gross negligence as well as in accordance with the Product Liability Act. We are liable for slight negligence in the event of damage to life, limb or human health.
(2) In addition, the following limited liability applies: In the event of slight negligence, we shall only be liable in the event of a breach of an essential contractual obligation, the fulfillment of which makes the proper execution of the contract possible in the first place and on whose compliance the partner can regularly rely (cardinal obligation). Liability for slight negligence is limited to the amount of damage that was foreseeable at the time the contract was concluded, and which typically must be expected to arise.
(3) We have no further liability.
(4) The above limitation of liability also applies to the personal liability of our employees, representatives and organs.
10. Right to exemption / contractual penalty
(1) The partner indemnifies us and our employees or agents in case of claims due to alleged or actual violation of rights and / or violation of third party rights by actions carried out by the partner in connection with the partner program from all resulting claims of third parties. In addition, the partner undertakes to reimburse all costs that we incur as a result of such claims by third parties. The eligible costs also include the cost of adequate legal defense.
(2) The partner undertakes, in each case of abuse according to No. 6.3 to pay a contractual penalty to be determined by us at its 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 six months before the abuse. Further claims for damages remain unaffected by this regulation.
11. Right of use
(1)We grant the partner a simple and non-exclusive right to use the links for the duration and purpose of this contract.
(1) The partner undertakes to keep all knowledge of our trade and business secrets or other confidential information obtained within the scope of the contractual relationship secret for an unlimited period (including beyond the end of this contract), only for the purposes of the contract and in particular not pass it on to third parties or otherwise use it. If we designate information as confidential, the irrefutable presumption that it is a business or business secret applies.
(2) The content of this contract and the associated documents are to be treated confidentially by the partner (as a business and trade secret).
(3) The partner has to oblige its employees and other persons, whom it uses to fulfill its contractual obligations, in a manner corresponding to the above paragraphs 1 and 2 to confidentiality.
13. Contract term and termination of the contract, blocking
(1) The contract runs indefinitely and can be terminated by both sides at any time without observing a notice period and giving reasons.
(2) In addition and beyond, the right of the parties to terminate the contractual relationship by extraordinary termination for an important reason remains unaffected. For us there is an important reason that entitles to extraordinary termination, in particular in the following cases:
• serious breach by the partner of obligations under this contract, in particular a breach of para. 6.2, 6.4 and / or 6.8,
• violation of the obligations of this contract and failure to remedy or cease the violation despite our request to do so,
• a case of abuse within the meaning of para. 6.3.
(3) The termination can be made by email. A termination declared by us by e-mail is 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 can also declare the termination by restricting access to the customer account. The partner can also declare the cancellation by deleting the customer account. The contract is terminated upon receipt of the termination.
(4) After termination of the contract, the partner is obliged to remove all links and content from the partner website immediately. This also applies to websites or other advertising media in which the partner has integrated the advertising material or links without being authorized to do so.
(5) Leads and / or sales generated after termination of the contract do not result in a remuneration obligation.
(6) Instead of the termination in the cases of para. 13.2 also block the customer account. This also applies if there is only a reasonable suspicion of misuse according to No. 6.3 exists. We will inform the partner of the reason for the block and remove the block once the reasons that led to the block have been clarified and, if necessary, removed. Leads generated during the period of suspension do not result in a remuneration obligation.
14. Final provisions
(1) Should the contract contain ineffective regulations, the effectiveness of the contract remains unaffected.
(2) We reserve and reserve the right to adapt these terms and conditions at any time. The partner will be informed of any changes by email. If the partner does not agree to the changes, he is entitled to notify us of this within four weeks of receiving the change notification. In this case we have a special right of termination. If such a notification is not made within this period, the changes are deemed to be accepted and come into force on the expiry of the period.
(3) Only German law is applicable to this contract.
(4) If the partner is a merchant, a legal entity under public law or a special fund under public law, Erkrath, Germany is agreed as the place of jurisdiction for all disputes arising from or in connection with contracts between us and the partner.