- Preamble/ Scope of application
(1) These Terms and Conditions of Participation (hereinafter referred to as “GTC”) apply to the contractual relationship between
Company
Becker Marketing and Sales
Owner Thomas Becker
Dresdener Str. 9a
01454 Wachau
(hereinafter: “Kolloidales-Silber-Kaufen.de “, “KSK”, “we” or “us”)
and the contractual partners
(hereinafter referred to as “Partner”)
The KSK Affiliate Program
(hereinafter referred to as the “Partner Program”).
KSK operates an online platform for the sale of colloidal silver at https://kolloidales-silber-kaufen.de/. The Partner shall promote this platform in accordance with the provisions of this Agreement and shall, in the event of a successful referral of customers (i) in the sales generated and (ii) participate in their own discounts for the purchase of colloidal silver.
(2) We provide our services exclusively on the basis of these GTC. The partner’s own terms and conditions of business shall require our express written consent and shall therefore not apply even if we do not expressly object to their validity.
(3) The GTC are only aimed at entrepreneurs within the meaning of § 14 BGB. Consumers are excluded from participation in the partner program.
- Conclusion of contract
(1) A contract between us and the partner for the placement of advertising material is concluded exclusively via our online application procedure at https://kolloidales-silber-kaufen.de/affiliate-area/. By registering, the partner submits an offer to participate in the partner program and accepts the GTC. A contract is only concluded when we expressly declare acceptance of the offer or release specific advertising material for the partner. KSK is free to reject or accept partners at its own discretion.
(2) There is no entitlement to participate in the partner program and to conclude a contract with us.
- Subject matter of the contract
(1) The subject of this contract is participation in the partner program, which is intended to increase sales of our products via our website. Participation in the partner program is free of charge for the partner. For this purpose, we provide the partner with a selection of advertising material via the partner program at our own discretion. We can offer different programs at the same time (hereinafter referred to as “campaigns”).
(2) The Partner shall place the advertising material approved for it on its own responsibility on its websites registered and approved in the Partner Program (hereinafter “Partner Website”) or in any other coordinated or approved form (e.g. on special promotional business cards with a voucher code). The partner is free to decide whether to use them and for how long. He is entitled to remove or stop using the advertising material at any time.
(3) The partner may, if agreed with us, also pass on special voucher codes, the resulting sales will be assigned to the partner account. These voucher codes are generated exclusively by us. The discount applies to the first purchase of a new customer.
(4) For the advertising and successful brokerage of transactions (e.g. orders), the partner receives a brokerage commission that is dependent on the customer’s turnover. The details can be found in the description of the respective campaign in the partner program and Ziff. 7 of these GTC.
(5) The partner program does not establish any other contractual relationship between the parties beyond this contract. In particular, no commercial agency agreement is established.
- How the partner program works
(1) The partner must register for the partner program with the data requested during registration. After registration, a customer account is set up for the partner, which the partner can use to manage their 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 or use a specific voucher code. The partner must integrate this HTML code into its website to enable tracking.
(3) Via the customer account, the partner also receives access to certain statistical data defined in detail by us about the advertising media used by him.
- Our duties
(1) We provide the Partner with a selection of advertising media (e.g. advertising banners, text links and images, business cards with voucher codes) (hereinafter referred to as “Advertising Media”) for individual campaigns at our own discretion.
(2) We ensure that visitors who reach our website via the advertising material integrated into the partner’s website (hereinafter referred to as “partner leads”) are tracked in an appropriate manner. We also ensure that any orders placed by partner leads (hereinafter referred to as “sales”) are assigned to the partner.
(3) We operate our website and the services offered on it, such as the provision of product data, at our own discretion within the scope of the technical possibilities available to us. In this context, we do not owe any fault-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) In addition, we undertake to pay the remuneration in accordance with section Item no. 7 under the conditions specified therein. Only the tracking used by us is decisive for the remuneration.
- Rights and obligations of the partner
(1) The partner may only integrate the advertising material into the approved partner websites. The Partner is expressly prohibited from combining the links provided with other advertising media (such as in newsletters or social media) and/or making changes to the advertising media. The advertising material may only be used for the purposes provided for in this contract on the partner websites. Other agreements are only permitted with our written consent.
(2) The Partner shall be responsible for the content and ongoing operation of the Partner Website and shall not place any content on the Partner Website during the term of this Agreement that violates applicable law, morality or the rights of third parties and/or is likely to damage our reputation. We are entitled, but not obliged, to check the partner websites. In particular, the partner is prohibited from distributing content that
- Racism,
- Glorification of violence and extremism of any kind,
- Incitement and instigation to commit criminal offenses and/or violations of the law, threats against life, limb or property,
- Agitation against persons or companies,
- defamatory statements, libel, slander and defamation of users and third parties as well as violations of fair trading law,
- copyright infringing content or other infringements of intellectual property rights or
- sexual harassment of users and third parties
represent, relate to or include. Such content may not be integrated on the partner website itself, nor may the partner website link to corresponding content on other websites.
(3) Any form of abuse, i.e. the generation of leads and/or sales via unfair methods or unauthorized means that violate applicable law and/or these GTC, is prohibited. In particular, the Partner is prohibited from attempting to generate leads and/or sales itself or through third parties by means of one or more of the following practices or to ensure that sales are allocated to the Partner:
- Faking leads or sales that have not actually taken place, e.g. by the unauthorized provision of third-party data or the provision of false or non-existent data when ordering goods on our website,
- Use of forms of advertising that enable tracking but do not display the advertising material, do not display it perceptibly or do not display it in the specified form and/or size,
- Cookie dropping: Cookies may not be set when the website is visited, but only if the user of the partner website has previously clicked on the advertising material voluntarily and consciously,
- other forms of affiliate fraud (in particular cookie spamming, forced clicks, affiliate hopping) and the use of layers, add-ons, iFrames and post-view technology to increase leads,
- Use of terms that are legally protected for us or third parties, in particular trademarks, for example in search engines, advertisements or advertising on the partner website without our express prior written consent. In particular, the partner is prohibited from maintaining websites on the Internet that could lead to a risk of confusion with us or products offered by us. In particular, the partner may not copy our website, landing pages or other appearances from us or take over graphics, texts or other content from us. The partner must avoid the impression that the partner website is a project of ours or that its operator is economically connected to us in a way that goes beyond the partner program and this contract. Any use of materials or content from our website or of our logos or brands by the partner requires our prior written approval, with the exception of advertising materials provided by us.
(4) The Partner undertakes to operate the Partner Website in accordance with applicable law and in particular to maintain a proper legal notice.
(5) E-mail advertising containing advertising material or advertising for us in any other way may only be sent if this has been approved by us in advance and express consent to advertising by e-mail has been given for all addressees and verification of the e-mail address has been carried out and documented using a double opt-in procedure.
(6) The partner shall immediately remove advertising material from the partner website if requested to do so by us. This also applies in particular to websites on which we do not or no longer wish to integrate the advertising material for whatever reason.
(7) The Partner shall refrain from making any reference to us and our products when advertising the Partner Website. In particular, the partner will not place any context-based advertisements (especially Google AdWords or AdSense) that contain our name, company keywords or brands or are delivered based on the use of corresponding keywords. The same applies to the names of our products.
(8) The Partner undertakes to refrain from electronic attacks of any kind on our tracking system and/or our websites. Electronic attacks include, in particular, attempts to overcome, circumvent or otherwise disable the security mechanisms of the tracking system, the use of computer programs to automatically read data, the use and/or distribution of viruses, worms, Trojans, brute force attacks, spam or the use of other links, programs or procedures that could damage the tracking system, the partner program or individual participants in the partner program.
- Remuneration
(1) The contractual partner shall receive performance-based remuneration from us for sales made on our website by partner leads.
(2) The entitlement to payment of the remuneration shall only arise under the following conditions:
- The partner’s advertising activity has resulted in a sale by an end customer to us,
- the sale has been logged (“tracked”) by us,
- the sale has been approved and confirmed by us and
- there is no abuse within the meaning of para. 6.3 of these GTC.
(3) A sale is an order generated by an end customer on our website that has been completed and paid for by the end customer. Reversals – for whatever reason – shall not be deemed to be a sale if the end customer has not paid or payments made by him are refunded. Reversals that occur more than 8 weeks after payment by the end customer shall not be taken into account.
(4) Orders placed by the partner or his relatives are not subject to remuneration.
(5) Orders resulting from partner leads generated via partner websites or other advertising spaces for which we have requested the partner to remove the advertising material are not subject to remuneration. 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 “first cookie wins” principle applies for a cookie term of 30 days. We shall not be liable for payment if and to the extent that the tracking system fails or any other malfunction is caused which results in leads or sales not being able to be allocated to individual partners or only with considerable effort.
(7) The amount of remuneration is based on the commission stated in the respective campaign at the time of sale. Unless otherwise stated, a commission of commission rate applies according to its status of the net price of the respective sale.
(8) Depending on his status (level), the Partner shall receive commissions as described in para. 7 (9) is regulated. The status of the partner is calculated and determined during the year and on a daily basis, based on sales for a period of two years (731 days). The partner’s own sales, i.e. the partner’s own purchases, are taken into account when determining the partner status and the resulting discounts.
(9) The discounts and commissions are calculated as follows for the respective partner levels:
- a) Commissions:
Level 1 from 0 recommendations that led to a purchase 5.0% remuneration
Level 2 from 10 Recommendations that have led to a purchase 7.5% remuneration
Level 3 from 25recommendations that led to a purchase 8.5% remuneration
Level 4 from 50 recommendations that have led to a purchase 10 % remuneration
Level 5 from 100 recommendations that have led to a purchase 12.5% remuneration
(10) Furthermore, a so-called downline commission is paid when a partner recruits another partner.
1.line 20% on the commission of the recruited partner for the sale of the product
2. line 5% on the commission of the recruited partner for the sale of the product
Example:
Imagine you are a Premium Partner and
tell your colleague, Dr. Müller (1st line), about the impressive
Advantages of colloidal silver. Dr. Müller, registers as a Premium Partner
and is already part of our partner program, shares these positive
experiences enthusiastically with his colleague, Dr. Schmidt (2nd line). Dr. Schmidt
is so fascinated by the possibilities of this product that he decides,
to join our partner network as well. With great conviction
he recommends colloidal silver to his own patients, who eagerly buy it
and benefit from the many positive effects.
For customers who have been referred once (and have opened a customer account), the full commission rate will also be paid to the partner for further subsequent purchases made by this person with us, this applies for 25 years.
(11) Life partners, spouses, children or other family members are excluded from the downline, or are not provisioned.
- Billing
(1) We will provide the partner with a statement of the remuneration claims in his customer account. The partner will check the settlement immediately. If the partner has objections to a settlement, these must be asserted to us in writing within four weeks. Once this period has expired, the statement is deemed to be accurate and correct.
(2) Remuneration claims shall be due for payment two months after the end of the month in which the end customer’s payment for the sale in question is received. Remuneration claims are only due if a minimum payout amount of EUR 25 has been reached. The partner has the right to demand lower amounts against reimbursement of a flat processing fee of EUR 5. The fee will be deducted from the amount to be paid out. Canceled or revoked orders will not be refunded in any of the above cases.
(3) Payment is made via PayPal with debt-discharging effect to the PayPal e-mail address stored by the partner in the customer account. Any fees arising from this shall be borne by the partner.
(4) Payment can also be made via store credit with debt-discharging effect to the partner’s customer account, which the partner can redeem at any time.
(5) Payments can also be made to a bank account if the balance exceeds EUR 25.00.
(6) Any existing claims against us may not be assigned to third parties.
- Liability
(1) Unlimited liability: We shall be liable without limitation for intent and gross negligence and in accordance with the German Product Liability Act. We are liable for slight negligence in the event of damage resulting from injury to life, limb and health of persons.
(2) Otherwise, the following limited liability shall apply: In the event of slight negligence, we shall only be liable in the event of a breach of a material contractual obligation, the fulfillment of which is essential for the proper execution of the contract and on the observance of which the partner may regularly rely (cardinal obligation). Liability for slight negligence is limited to the amount of damages foreseeable at the time of conclusion of the contract, the occurrence of which must typically be expected.
(3) We shall have no further liability.
(4) The above limitation of liability shall also apply to the personal liability of our employees, representatives and bodies.
- Indemnification claim/contractual penalty
(1) The Partner shall indemnify us and our employees or agents against all resulting third-party claims upon first request in the event of a claim for alleged or actual infringement of rights and/or infringement of third-party rights by actions carried out by the Partner in connection with the Partner Program. In addition, the partner undertakes to reimburse all costs incurred by us as a result of such claims by third parties. Reimbursable costs also include the costs of an appropriate legal defense.
(2) The partner undertakes to pay the costs for each case of misuse in accordance with Art. Item no. 6.3 or pursuant to 7.11, a contractual penalty to be determined by us at our reasonable discretion and to be reviewed by a court in the event of a dispute. The contractual penalty shall not exceed twelve times the highest monthly turnover of the partner within the last six months, before the abuse, but shall be at least €1000.00. Further claims for damages remain unaffected by this provision.
- Rights of use
(1) The advertising material and our other content are protected by copyright and/or other industrial property rights. For the duration and purpose of this contract, we grant the partner a simple, revocable and non-exclusive right to use the advertising material.
(2) Any modification, duplication, distribution or public reproduction of the advertising material or a significant part thereof in terms of type and scope shall require our prior written consent insofar as it exceeds the scope granted in paragraph 1 above.
- Confidentiality
(1) The Partner undertakes to keep secret for an unlimited period of time (even beyond the end of this contract) all knowledge of our business and trade secrets or other confidential information obtained in the course of the contractual relationship, to use it only for the purposes of the contract and in particular not to pass it on to third parties or otherwise exploit it. If we designate information as confidential, there is an irrebuttable presumption that it is a trade or business secret.
(2) The content of this contract and the associated documents are to be treated confidentially (as business and trade secrets) by the partner.
(3) The Partner shall oblige its employees and other persons whose services it uses to fulfill its contractual obligations to maintain confidentiality in a manner corresponding to paragraphs 1 and 2 above.
(4) In the event of a breach of the confidentiality agreement, a contractual penalty of €10,000.00 to €50,000.00 shall be payable, depending on the severity of the breach.
- Contract term and termination of the contract, blocking
(1) The contract shall run for an indefinite period and may be terminated by either party at any time without notice and without giving reasons.
(2) In addition and beyond this, the right of the parties to terminate the contractual relationship by extraordinary termination for good cause shall remain unaffected. For us, good cause entitling us to extraordinary termination exists in particular in the following cases:
- serious breach of the partner’s obligations under this contract, in particular a breach of para. 6.2, 6.4 and/or 6.8,
- breach of obligations under this contract and failure to remedy or cease the breach despite our request to do so,
- a case of abuse within the meaning of para. 6.3.
(3) If at least 2 new customers are not acquired within 3 months of the start of the partnership, the partnership ends automatically.
(4) Notice of termination may be given by e-mail. A termination declared by us by e-mail shall be deemed to have been received on the day on which it is sent to the e-mail address specified by the partner in the customer account. We can also declare the termination by restricting access to the customer account. The Partner may also terminate the contract by deleting the customer account. The contract is terminated upon receipt of the notice of termination.
(5) After termination of the contract, the partner is obliged to immediately remove all advertising material and other links and content from us from the partner website. This also applies to websites or other advertising media in which the partner has integrated the advertising material or links without being authorized to do so.
(6) Leads and/or sales generated after termination of the contract shall not result in an obligation to pay remuneration.
(7) Instead of terminating the contract, we may, in the cases set out in para. 13.2 also block the customer account. This also applies if there is only a reasonable suspicion of abuse pursuant to Art. Item no. 6.3 exists. We will inform the partner of the reason for the block and lift the block again when the reasons that led to the block have been clarified and, if necessary, eliminated. Leads generated during the blocking period do not lead to a payment obligation.
- Final provisions
(1) Should these GTC contain invalid provisions, this shall not affect the validity of the remainder of the contract.
(2) We reserve the right to amend these GTC at any time. Any changes will be communicated to the partner by e-mail. If the partner does not agree with the changes, he is entitled to inform us of this within four weeks of receipt of the notification of change. In this case, we have a special right of termination. If such notification is not made within this period, the amendments shall be deemed to have been accepted and shall enter into force upon expiry of the deadline.
(3) This contract shall be governed exclusively by German law.
(4) As far as permissible, Dresden is agreed as the place of jurisdiction for all disputes arising from or in connection with contracts between us and the partner.
