Affiliate Terms and Conditions
Cooperation agreement for affiliate partners, general terms and conditions
§ 1. Preamble
- These General Terms and Conditions (hereinafter: General Terms and Conditions) apply exclusively to the contractual relationship between ND24 NailDesign, owner Uwe W. Göldner e.Kfm., Zeppelinstr. 12, 73760 Ostfildern (hereinafter: ND24) and their affiliate partners (hereinafter: partners) with regard to the integration of an affiliate link (hereinafter: link) on the Internet domain and/or on the YouTube channel and/or on the social Media account and/or another internet platform (hereinafter: platform) of the partner.
- These General Terms and Conditions apply to all, including future, collaborations between ND24 and partners with the subject matter of the contract regulated here. They are also aimed exclusively at partners who have reached the age of 18 and are considered entrepreneurs within the meaning of Section 14 Paragraph 1 of the German Civil Code (BGB).
§ 2 Approval or rejection of registration
- We reserve the right to approve or reject an affiliate's registration at our sole discretion. You have no legal recourse against us if we reject you as a partner in our influencer program.
§ 2 Coupon codes and links
- Partner creates a partner account on the ND24 website (hereinafter: website), which can be viewed at https://www.nd24.de/pages/register-affiliate-account.
- The sales generated with the affiliate link and coupon code can be evaluated at any time and for any period of time.
- Through the partner account, the partner also has the opportunity to independently create an affiliate link and coupon code.
- ND24 has the right to continually technically develop the service area of the partner account. The partner is not entitled to error-free and uninterrupted use at any time or to a specific availability of the partner account.
§ 3 Commission and billing modalities
- The partner is entitled to a commission for every sale concluded by him as a paid transaction that came about via the individual affiliate link or coupon code (pay-per-sale).
- The commission is 10% of the respective net sales price (sales price - VAT - shipping fees) of the sales. Sales that result in refunds or are canceled will not be paid out.
- When the Network tab is enabled, the partner can invite other influencers to become their downline partner. When a downline partner generates a sale, the upline partner also receives a network commission; this depends on ND24 settings. To invite other partners into the system, the partner must share a network link and all upcoming partners who click on this link, register and are accepted and logged in by ND24 will become a downline partner.
- ND24 creates invoices on a monthly basis. The balance reached is paid out monthly at the end of the following month. The credit can also be converted into a coupon for the website. A cash payment or refund of the coupon value is not possible.
§ 4 Cookies
- If a person does not allow cookies or partners delete cookies, we cannot track them and therefore cannot pay commission from that person's activity.
- The duration of the cookies is 30 days. The tracking day begins when a customer clicks on the partner's link or uses the voucher. During the cookie period, every order placed by this customer on the website automatically results in commissions for the partner (the customer then no longer needs to click on the partner link).
§ 3 Marketing Tools
- ND24 can pass on advertising materials such as banners, logos or specific product range advertising to partners via the “Marketing Tool” tab. Affiliates can download the media or get the HTML embed code to share on affiliate channels.
§ 4 Contract term and termination
- The contract is valid for an indefinite period of time. It can be terminated by either party with five working days’ notice.
- Termination can be made in text form (e-mail is sufficient).
- The right to termination without notice for good cause remains unaffected. An important reason exists in particular, but not exclusively, if a party culpably violates its essential contractual obligations or another essential provision of this contract and the violation is not remedied within five working days after a written warning (email is sufficient), if beyond that assets of one of the parties, insolvency proceedings are opened or the opening of insolvency proceedings is rejected due to a lack of assets or similarly serious proceedings are initiated against one of the parties.
§ 5 Contents of the platform
- Partner is obliged to ensure that the content of its platform does not violate applicable law or the rights of third parties. He ensures that the relevant legal regulations are adhered to and that no rights of third parties (e.g. GEMA) are violated. Partners are expressly advised that it is also inadmissible to advertise with statements that are subject to the Alternative Practitioners Act, the Medicinal Products Advertising Act or other legal regulations relating to life and health. Therefore, products e.g. B. cannot be advertised with promises of detecting, curing or alleviating illnesses, suffering, physical injuries or pathological complaints or improving health or with statements such as “save from death” or “cure of life-threatening illnesses”. Furthermore, products may not be advertised with claims about their effectiveness unless these have been proven by scientifically recognized studies. Furthermore, no individual fates or associated healing stories may be presented. Finally, people may not be referred to as “doctors” if they are not allowed to describe themselves as such under German law.
- If the above obligations are violated on the platform or when advertising the products, Partner will compensate ND24 and release ND24 from all claims of third parties (e.g. supervisory authorities, competitors, associations, buyers, GEMA, authors) upon first request, regardless of Art and reason for the claim arising from or in connection with the platform or products advertised by it. The exemption also includes court costs and the costs of appropriate legal defense.
- Partner may not distribute racist, extremist, inciting, violent, defamatory, youth protection law or otherwise offensive content on the platform.
- The above regulations also apply to the personal liability of legal representatives, executives or other vicarious agents of the respective party.
- Without prejudice to any further rights, in the event of a culpable violation by Partner of the above regulations, ND24 is entitled to terminate the contract with Partner extraordinarily and without notice.
§ 6 Liability and exemption
- The parties are liable without limitation in the event of intent, fraud and gross negligence as well as in the event of personal injury.
- In the event of a breach of an essential contractual obligation, Partner is liable for even minor negligence. Essential contractual obligations within the meaning of this regulation include, in addition to the main contractual performance obligations, also obligations whose fulfillment enables the proper execution of the contract and on whose compliance the client can regularly rely.
- Partner indemnifies ND24 from all third-party claims, including claims for damages and liability claims as well as the reasonable costs of legal defense and court costs, which are attributable to its culpable behavior.
§ 7 Removal from the program
- If a partner wishes to be removed from the program, they can contact ND24 and request deletion.
§ 7 Data protection
- Partner undertakes to observe the applicable data protection regulations, in particular those of the Federal Data Protection Act (BDSG) and the Telemedia Act (TMG).
- Partner will collect and use personal data from ND24 exclusively within the scope of the contractual purpose, to the extent that this is necessary for the execution of the contract.
§ 8 Confidentiality
- Partner undertakes not to use or exploit any business and trade secrets of ND24 that may be disclosed during the execution of the contract in the context of its own work or to bring them to the attention of third parties. This also includes the modalities of this contract.
- Partner is obliged to oblige subcontractors, freelancers and employees employed by him in writing to maintain confidentiality in accordance with the aforementioned provisions.
- The confidentiality obligations under these provisions will not be affected by termination of this contract and will remain in force for a period of three years from termination of the contract.
- For each case of violation of these confidentiality obligations, Partner undertakes to pay an appropriate contractual penalty at the reasonable discretion of ND24, the amount of which can be reviewed by a court in individual cases. The right to assert further claims for damages remains unaffected.
§ 9 Requirement of written form
- Unless otherwise agreed in this contract, changes and additions to this contract must be made in writing to be effective. No additional agreements were made.
§ 10 Place of jurisdiction
- Place of jurisdiction and place of performance are Stuttgart.