§ 1 Basic Provisions
(1) The following terms and conditions apply to all contracts between Maurer Consolidation UG, Dreckenacher Weg 9a, 56295 Lonnig – hereinafter referred to as advertiser – and the customer – hereinafter also referred to as affiliate – which are concluded via the advertiser’s website. Unless otherwise agreed, the inclusion of the customer’s own conditions is contradicted.
(2) The advertiser’s offer on the website www.brezeasy.de is aimed exclusively at natural or legal persons or partnerships with legal capacity, insofar as the legal transaction is concluded in the exercise of their commercial or independent professional activity (entrepreneurs) and insofar as they are not end consumers or use the advertiser’s offers in their independent professional, commercial or official or official activity as end consumers.
A contract with consumers is expressly excluded.
(3) Contract language is German. The text of the contract is only stored by the advertiser for a limited period of time. The affiliate can print out the text of the contract before submitting the registration using the print function of their browser or save it electronically.
§ 2 Subject of the contract
The subject of the contract is the marketing and advertising of the advertiser’s goods and/or services by means of affiliate marketing.
§ 3 Formation of the contract
(1) The representations of the advertiser on the website www.brezeasy.de for participation in the affiliate program represent a binding offer to conclude a contract.
(2) The affiliate can bindingly accept this offer from the advertiser via the online registration form on the website www.brezeasy.de. To do this, the affiliate must provide their personal data, their contact details, a user name and a password. Before sending the registration, the customer has the opportunity to check all the information again, to change it (also via the “back” function of the Internet browser) or to cancel the registration. By sending the registration via the “Send” button, the customer submits a binding declaration of acceptance to the provider, which leads to the conclusion of a contract.
The affiliate must also provide the advertiser with a copy of their business registration and, if applicable, their sales tax ID number.
(3) Inquiries by the affiliate that are sent to the advertiser in writing, by telephone, fax or e-mail are non-binding for the affiliate. The advertiser submits a binding offer to the affiliate in text form (e.g. by e-mail), which contains all contract data and the general terms and conditions. If the offer is sent in electronic form (e.g. email), the affiliate can print it out and/or save it electronically. The affiliate can accept the advertiser’s offer within 5 days.
(4) The processing of the affiliate’s registration and the transmission of all information required in connection with the conclusion of the contract takes place via e-mail, in some cases automatically. The affiliate must therefore ensure that the e-mail address provided by the advertiser is correct, that the receipt of the e-mails is technically ensured and, in particular, that it is not prevented by SPAM filters.
§ 4 Billing and Remuneration
(1) The advertiser pays the affiliate a success-related commission upon conclusion of a transaction if a commission of at least €50 has been reached and there is no cancellation. In addition to this remuneration, there is no entitlement to reimbursement of expenses and costs etc.
(2) In the case of remuneration per transaction, the following applies:
If a third party, e.g. an end customer, clicks on an advertising medium and this leads to a business transaction with the advertiser that is specified in more detail within the framework of the partner program, the affiliate receives a performance-related fee for making the advertising space available and for successfully referring end customers to the advertiser .
Business transactions in this sense are actions that justify a claim to remuneration. In addition to the purchase of goods or the use of services (“sale”), a transaction can also include a click or view of an advertisement, or registration on a website, ordering a newsletter (“forwarding”), sending an e-mail or be similar. All business transactions are logged and verified as far as technically possible on the basis of the advertiser’s transaction system. Transactions are recorded, among other things, by cookie and/or session tracking.
Compensable business transactions are specified in more detail in the individual program descriptions. Only sales after receipt of payment will be remunerated.
(3) If the contract concluded between the third party and the advertiser is ineffective, revoked or reversed in some other way without the advertiser being responsible for this, the commission will be canceled within 90 days of being recorded at the latest. If a commission is cancelled, the advertiser can claim this commission back from the affiliate or offset it against existing commission claims.
(4) The amount of the commission per sale is 10% of the net sales (excluding shipping costs), taking into account any reduction in sales through vouchers or discounts.
(5) The commissions are net prices, which do not include the statutory value added tax.
(6) Commissions accrued are paid out on the first working day of the calendar month following receipt of the statement to the bank account specified by the affiliate, provided the commission balance shown on the statement exceeds EUR 50.00. If the reported commission balance does not exceed EUR 50.00, the balance will be carried over to the following month. The payment will only take place in the month following in which the commission balance shown on the statement exceeds EUR 50.00. There is no interest on credit balances.
After the end of the contract, the existing commission balance is paid out regardless of the amount of the balance.
(7) The billing periods are usually two months. At the end of the calendar month following the billing period, the affiliate receives from the advertiser a statement of the accrued commissions in electronic form that he can understand.
Deviating from this, billing may take place later if the advertiser does not yet have the required data. The affiliate must be informed immediately.
(8) Objections to the amount of the invoice must be made in writing to the Advertiser within 6 weeks of receipt of the invoice.
§ 5 Obligations of the Affiliate
(1) The correct technical integration of the advertiser’s advertising material on the affiliate’s registered websites is the sole responsibility of the affiliate.
(2) The affiliate must have the necessary rights to the advertising space or for the marketing of the advertising space.
(3) The affiliate is obliged to embed the tracking code provided by the advertiser, which is required to record and log the users coming from the affiliate’s websites, on its websites (code obligation). The advertiser will inform the affiliate via e-mail about the necessary technical adjustments. The affiliate is obliged to implement the necessary adjustments immediately. The placement and frequency of the integration of the advertising material are at the discretion of the affiliate, unless otherwise agreed.
(4) The advertising media, tracking codes and source texts provided by the Advertiser may not be changed visually, in terms of content or technology, or otherwise processed or used in any other way by the Affiliate without the prior consent of the Advertiser, insofar as this use exceeds the rights granted in this contract rights. The non-installation, removal or manipulation of the registration codes entitle the advertiser to terminate the contract without notice.
(5) Cookie dropping, brand bidding and ad hijacking of any kind as well as currently unknown technical workarounds are prohibited. Also prohibited is the use of forms of advertising that enable tracking, but that
Do not display advertising material, imperceptibly or not in the form and/or size specified by the advertiser.
Success cases generated in violation of these regulations do not justify the affiliate’s claim to commission. Furthermore, the advertiser is entitled to extraordinary termination in these cases.
(6) It is forbidden to include advertising material from the advertiser on pages that are harmful to young people, pornographic, erotic, dubious, glorify violence or incite to it, insulting, racist, extremist, hate speech, defamatory of people with regard to their origin, religion or sexual orientation, as well as illegal and have or promote similar topics.
(7) It is also prohibited to integrate the Advertiser’s advertising material into websites that infringe the rights of third parties (in particular copyrights, naming rights, trademark rights) or violate existing laws (in particular the Youth Protection Act).
The affiliate expressly releases the advertiser from all third-party claims asserted in this context. This also applies to the costs of the legal representation required in this context.
(8) The affiliate is prohibited from sending unsolicited e-mails to third parties (spam) and using the advertising material and URL codes provided by the advertiser in such e-mails.
The affiliate is only permitted to use the advertising material and URL codes provided in e-mails if the recipients have previously expressly and demonstrably consented to receiving the e-mails and the e-mails comply with the statutory provisions, in particular if they have a legally valid imprint .
(9) The affiliate undertakes to design the website(s) in which it integrates the advertiser’s advertising material in accordance with the applicable legal regulations, in particular consumer law regulations.
The affiliate shall inform the advertiser immediately of any content-related or technical changes on its websites that go beyond what was to be expected at the time the contract was concluded. The affiliate assures that in this case no further advertising of the advertiser will be shown on the relevant affiliate websites without prior agreement.
(10) The affiliate is obliged to regularly back up data and to take state-of-the-art IT security measures.
§ 6 Penalty
(1) For each case of violation of the provisions of § 5 paragraph 3, paragraph 4 or paragraph 5 of these provisions with the intention of influencing the statistics through manipulation and thus the commission amounts to be paid by the advertiser to the affiliate, a contractual penalty to be determined at reasonable discretion and, in the event of a dispute, to be examined by the competent court.
(2) The same applies if an affiliate who has already been excluded due to breach of contract participates or tries to participate in the advertiser’s affiliate program again under a false name.
§ 7 Contract Period / Termination
(1) The contract between the advertiser and the affiliate begins with the conclusion of the contract according to § 3 of these general terms and conditions and is concluded for an indefinite period. The contract can be terminated by either party at any time with a notice period of one month to the end of the month. The termination must be in writing.
(2) The right to extraordinary termination for important reasons remains unaffected.
(3) The attempt to influence the contractual advertising successes in an unfair way entitles the advertiser to terminate the contract without notice. This applies in particular to mass clicks, the use of misleading links or illegal content, spam, manipulation or non-installation of the registration code or incorrect information. Further claims for damages as well as the assertion of a contractual penalty according to § 8 of these provisions remain reserved in individual cases.
(4) If the contract is terminated, the affiliate must remove all advertising material provided by the advertiser within 7 days.
§ 8 Liability
(1) The advertiser is liable without restriction for damage resulting from injury to life, limb or health, in all cases of intent and gross negligence, in the case of fraudulent concealment of a defect, in the case of assumption of the guarantee for the quality of the goods, in the event of damage after the Product Liability Act, in the event of damage caused by delay (§ 286 BGB) and in all other legally regulated cases.
(2) If essential contractual obligations (cardinal obligations) are affected, the liability of the advertiser in the event of slight negligence is limited to the foreseeable damage that is typical for the contract. Essential contractual obligations (cardinal obligations) are essential obligations that arise from the nature of the contract and the violation of which would jeopardize the achievement of the purpose of the contract as well as obligations that the contract imposes on the advertiser according to its content in order to achieve the purpose of the contract, the fulfillment of which requires the proper execution of the contract make it possible in the first place and on which the customer can regularly rely.
(3) In the event of a breach of insignificant contractual obligations, liability for slightly negligent breaches of duty is excluded.
(4) Insofar as liability for damages to the Advertiser is excluded or limited, this also applies with regard to the personal liability for damages of the Advertiser’s employees, employees, employees, representatives and other vicarious agents.
(5) According to the current state of the art, data communication via the Internet cannot be guaranteed to be error-free and/or available at all times. In this respect, the advertiser is not liable for the constant or uninterrupted availability of the website and the service offered there.
§ 9 Place of Performance, Place of Jurisdiction
(1) German law applies.
(2) The place of performance for all services arising from the business relationship with the advertiser and the place of jurisdiction is the advertiser’s registered office, provided that the customer is not a consumer but a merchant, a legal entity under public law or a special fund under public law. The same applies if the customer does not have a general place of jurisdiction in Germany or the EU or if the domicile or habitual abode is not known at the time the action is filed. The authority to appeal to the court at another legal place of jurisdiction remains unaffected.
(3) The provisions of the UN Sales Convention expressly do not apply.