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Terms and Conditions of Participation for the Mömax Affiliate Partner Program
1. Subject matter of the contract
(1) These Terms and Conditions of Participation govern the cooperation between you as a sales partner (hereinafter referred to as "Affiliate") and XLCH GmbH (hereinafter referred to as "Moemax") within the framework of the Affiliate Private Network of Moemax.ch (pvn.moemax.ch) in connection with the Moemax Partner Program.
(2) Natural persons must be at least 18 years old and have full legal capacity as participants in the Affiliate Program.
2. Structure, content and maintenance of the partner website
(1) For your website, we will provide you with a selection of graphic and text links (hereinafter referred to as "Links") via our Private Network for use in the context of the Affiliate Program. The links are used to identify your website in our partner network and to establish the connection from your website to our website. For the purposes of the Affiliate Program, only these links may be used to connect to our website. The links may point to different areas of our website. Our instructions for the installation of the links must be followed with regard to the technical setup and maintenance. To ensure that the links or advertising material are up-to-date, you must immediately replace the links or advertising material with new links or advertising material provided by us (e.g. new editorial texts), unless these are dynamically maintained or changed by Moemax itself.
(2) You may include the links in an appropriate number in all suitable areas of your website. The links may only be integrated on the website whose domain (URL) you have specified when registering for the Moemax Affiliate Program. In addition, you may include the links in e-mail newsletters sent by you if the newsletter is directly related to the specified website. This requires in particular that you use the same name (brand) and the same domain as the sender for the website and the newsletter. The provisions of these terms and conditions of participation for your website apply accordingly to such newsletters.
3. In the event of a change in the
· Domain and/or
· content orientation or the commercial object of your website, you must inform Moemax at least one week in advance in text form (e.g. by e-mail) and immediately deposit the changes under pvn.moemax.ch. The placement of links under the new domain or from the changed website remains permitted as long as Moemax does not object to this use.
(4) The maintenance of your website is solely your responsibility. As long as you use our links, you must regularly check the information and links related to Moemax products to ensure that they are up to date and, if necessary, renew them immediately.
(5) You must not set up your website in a way that is likely to cause confusion with our website or give the impression that your website is our website or part of our website. In particular, your domain (URL), the title and the meta tags of your website must not contain the terms "www.Moemax.ch", "Moemax.ch", "Moemax", "Moemax dealer", "Moemax Shop" or "Operator Products - Moemax" or misspellings of the aforementioned terms. Misspellings of our domain moemax.ch are not permitted in any way, regardless of the type of use.
(6) Your website may not constitute your own partner network (exceptions to this require the prior express consent of Moemax in text form) and may not primarily contain competitions, games of chance or banner exchange offers as its content. Your website and any advertising for your website must be free of illegal content, pornography and eroticism, depictions of violence (in particular sexual violence, violence against people or animals), discriminatory depictions of persons, insults, extremist, radical political or youth-endangering content, trivialisation or glorification of drugs or weapons and an inadequate use of language (sexualised language, coarse language use, blasphemy, etc.). There must also be no link to other websites with such content. In addition, your website, advertisements for your website or websites referenced by hyperlink must not contain any other content that may damage the reputation of the Moemax brand.
(7) The generation of cookies for the purposes of the affiliate program is only permitted if an advertising medium provided by Moemax is used, it is visible and the generation of the cookie is preceded by a deliberate clicking on the advertising material by a human user. In particular, the invisible integration of the Moemax Internet shop in order to generate a cookie for the user in this way is prohibited. In general, you are prohibited from using iFrames, pop-ups, pop-under and layered advertising materials that load a Moemax advertising material or the Moemax Internet shop and set a cookie on the user without the user's participation (so-called cookie dropping, cookie spreading or comparable technologies).
(8) The use of so-called adware, spyware or malware applications or comparable software tools is prohibited within the framework of the Affiliate Program. Orders that are generated by browser plugins, toolbars or other additional programs on the basis of an electronic notice will not be reimbursed within the framework of the affiliate program.
(9) The use of PostView tracking is prohibited unless Moemax has expressly given its consent to the use of this method in text form. If such consent has been obtained from Moemax, a maximum of one cookie may be set for PostView delivery.
(10) The links may not be used on websites that grant their users financial or other advantages for receiving advertising content and/or interacting with advertising materials (in particular within the framework of bonus systems, cashback programs, paid mail systems, paid homepages, Paid4 services, cashless or refrallys). Exceptions to this require the prior express consent of Moemax in text form.
(11) The links may not be used on pure advertising pages (which have no relevant content other than advertising), on redirect or doorway pages (which only serve as intermediate pages to redirect to another page) or on "under construction" websites without their own content.
(12) Banner networks are only permitted with the prior express consent of Moemax in text form.
(13) The use of so-called "forced clicks" on links is prohibited.
(14) When sending e-mails containing advertising for Moemax, the prohibition of sending unsolicited e-mail advertising ("spam") must be observed. The unsolicited sending of e-mails with advertising content is prohibited. In the event of a violation, you will indemnify Moemax against all claims of third parties and compensate Moemax for all damages incurred by Moemax as a result of the violation.
(15) The following brands may not be advertised through the Affiliate Program:
3. Advertising remuneration
(1) If your advertising leads to an order and a contract with Moemax, you will receive remuneration (commission) from Moemax in accordance with the provisions of this Section 3. Only orders that result from a regular and contractual marketing measure on your website will be remunerated. Moemax reserves the right to reject orders, especially orders for quantities that do not correspond to the usual household quantities.
(2) For the calculation of the advertising remuneration, only Moemax's income from sales by Moemax via the Moemax online shop to customers who have accessed our website via one of the links on your website immediately before the purchase ("last cookie wins") counts. Such sales will be taken into account for the calculation of your advertising compensation, provided that the sale, delivery and full payment of the goods have been completed. Orders placed by employees of the Moemax Group will not be taken into account for the calculation of your advertising remuneration. Please note that sales to customers who do not access our website via a link on your website immediately prior to placing an order will not count towards the calculation of your advertising compensation, even if they have previously reached or purchased from your website.
(3) In order to ensure a fair distribution of commissions between the individual sales channels, the basket freeze procedure is used. The basket freeze applies 30 minutes after adding a product to the shopping cart.
(4) Moemax reserves the right to reject orders that do not comply with Moemax guidelines (e.g. lack of creditworthiness, incorrect customer data) and to exclude them from commission. In addition, Moemax reserves the right to cancel commissions in the case of full returns or to reduce them proportionately in the case of partial returns and, if necessary, to reclaim them.
(5) Moemax will pay a commission in the amount published by Moemax at the time of registration for the Moemax Affiliate Program (e.g. on www.Moemax.ch). Moemax may change the amount, method of calculation and other elements of the commission at any time with a notice period of 2 weeks, this applies in particular with regard to special promotions in which Moemax offers customers particularly favorable conditions. Changes will be communicated to you via the network or in text form.
(6) You are obliged to carefully review the invoices issued to you by the networks and to raise objections in text form within one month. Otherwise, the statement shall be deemed to have been approved, unless the objection could not be raised within the one-month period. Claims for payment or reimbursement of commission expire on both sides three months after their due date. Requests for additional bookings for sales that are older than three months will be rejected as a matter of principle.
(7) All commissions are calculated on the basis of the net order value (turnover minus shipping costs, VAT, cancellations, order duplicates, full and partial returns and other invalid sales). The sale of gift cards does not trigger a commission claim. When redeeming gift cards, the face value of the voucher is deducted from the assessment basis for the commission. For detailed details on the current remuneration structure, please refer to our programme description.
(8) The crediting of the commission or any bonuses will be completed after the expiry of the pending period and paid out in the subsequent payment period.
(9) The minimum commission amount for a payout to you is CHF 5. A lower commission credit will only be paid to you in the event of termination of the contract.
4. Rights of use
You are granted a non-exclusive, non-transferable, non-sublicensable and revocable right at any time to place links to our website in accordance with these terms and conditions. It is only in connection with such links that you also have the non-exclusive, non-transferable, non-sublicensable and revocable right to use the Moemax logo and other materials provided for the purpose of promoting our website. This right applies only for the purpose of establishing links between your website and our website that allow your users to purchase Moemax products. You may not revise or modify the Licensed Materials in any way. A violation of the aforementioned agreements entitles Moemax to terminate the contract without notice.
5. Your obligations
(1) You are entirely responsible for the establishment, operation and maintenance of your website and for all materials that appear on your website. This responsibility relates in particular to the technical operation of your site and the necessary technical systems.
(2) You agree to act in accordance with applicable law in connection with your advertising activities for Moemax without exception. In particular, you will not engage in any advertising that infringes the intellectual property rights of third parties (in particular copyright, trademark and trademark rights), violates the provisions of the Act against Unfair Competition (UWG) or otherwise presents itself as illegal.
(3) You are obliged to indemnify us against any claims by third parties and our costs in connection with the defense against claims by third parties that are related to the establishment, operation or maintenance as well as the content of your site for which you are responsible, unless it concerns claims arising from the advertising material or product data provided by Moemax. You are also obligated to assist Moemax in defending itself against such third-party claims by making statements, including but not limited to affidavits, and other information.
(4) You must refrain from any actions that impair the functionality of the Affiliate Program software or the system (e.g. mail bombs, etc.) and are liable for all damages incurred by Moemax as a result of such actions by you.
(5) You must not use any materials from us on your website that you have not obtained pvn.moemax.ch for this purpose with our prior permission or through our Affiliate Program website. You will not distribute, directly or indirectly, any other promotional materials relating to us other than these materials without providing us with such material and obtaining prior text consent. In particular, the aforementioned consent must be obtained if you wish to advertise on a third-party website or in other media for your own website using the above materials or by reference to Moemax. In any case, you must ensure that your website or advertising is not perceived as a Moemax website or as an advertisement placed by Moemax through the use of the above advertising material or the name Moemax.
(6) The advertising of the Moemax website on advertising space in search engines or sponsored links, paid ad placement, keyword advertising or keyword targeting (such as GoogleAdwords, etc.) with other providers (such as Google, Yahoo, Bing) is not permitted.
(7) When advertising your own website, please note:
· The terms "www.Moemax.ch", "Moemax.ch", "Moemax", "Moemax Dealer", "Moemax Shop" or "Operator Products - Moemax" or misspellings thereof may not be used in the ad text or headline of your ads
· You may only use the address (URL) as the visible URL (Display URL) in the advertisement that you have provided as part of your registration. In case of changing your domain, see section 2 (3)
· Automatic redirects to the Moemax website are not permitted
· Bidding on the keyword "Moemax" and word combination and combinations of "Moemax" with the words "Voucher", "Vouchers", "Voucher Code", "Discount", "Discount Code", "Shop" and "en" (e.g. "Moemax", "Moemax Operator Products", "Moemax.ch", etc.) and similar spellings or misspellings hereof are not permitted.
· You undertake to use the keywords "Moemax", "Moemax Operator Products" and "Moemax Operator Products" in all your AdWords campaigns on "negative broad". This excludes any posting of a combination of terms of these keywords.
· The integration of Moemax product data into Google Merchant Center is not permitted
(8) You are not entitled to create or accept offers on our behalf or to represent us. You are not involved in the execution of the purchase contracts between us and our end customer. You are not acting as a commercial agent or commission agent of Moemax. They ensure that the design of your website does not create such an impression. You will not provide any information to third parties that could create such an impression.
(9) Your website must meet all relevant legal requirements, in particular have an imprint within the meaning of Section 5 of the Telemedia Act (TMG) and provide users with all information required by relevant data protection law. The links to our website must be recognisable as advertising to the users of your website. If the processing of personal data triggered by a click on a link requires the consent of the user under data protection law, you must obtain this consent in good time and in a legally effective manner.
6. Duration of the Agreement
(1) This Agreement is effective upon electronic registration by you and acceptance of the registration by Moemax, and shall run indefinitely. At the same time, you will be granted access to the Moemax Partner Program.
(2) You and Moemax each have the right to terminate the contract for your participation in the Partner Program at any time with a notice period of 2 weeks. The termination must be in text form in order to be effective.
(3) Any violation of the terms and conditions of participation by you may lead to the immediate blocking of your account until the violation has been remedied and, if necessary, to the termination of the contract for your participation in the Moemax Affiliate Program without notice. In addition, further legal steps, in particular the assertion of claims for damages, are expressly reserved.
(4) You are obliged to remove all electronic advertising materials and links from your website immediately after the end of the cooperation and to confirm this removal to us in text form within a reasonable period of time.
(5) You are not entitled to any commission for orders placed by customers after the termination of the contractual relationship between Moemax and you.
(6) Premium claims beyond the end of the contract are excluded.
7. Changes to the contract
With your consent, we may amend these Terms and Conditions at any time. We will notify you of any such changes by email or on the Affiliate Program website pvn.moemax.ch at least 4 weeks' notice prior to the effective date. Your consent to a change is deemed to have been given if you do not object to it in text form no later than 2 weeks after receipt of the corresponding change notification. We will draw your attention to this legal consequence separately when notifying you of the change. If you object, we may terminate the agreement extraordinarily as of the effective date of the change.
8. Confidentiality
(1) Moemax is expected to disclose confidential information to you in the context of the contractual relationship or has already done so. Confidential means all information expressly designated as "confidential" as well as information whose confidentiality results from its content or the circumstances in which it is disclosed. Confidential information also includes the commercial agreements between the parties and the personal data collected or processed in connection with the Affiliate Program. If you have any doubts about the confidentiality of any information, you must contact Moemax immediately and ask for clarification, and in any event before disclosing this information to any third party.
(2) Information is not considered confidential information if you can demonstrate that (a) it was known to you prior to Moemax's disclosure; (b) you have independently developed the information without recourse to or use of Moemax information; (c) you have lawfully obtained the information from a third party who, to your knowledge, was not under any obligation to maintain confidentiality vis-à-vis Moemax, (d) it became known to you or the public without violating these Terms or any other regulations in place to protect Moemax's trade secrets; or (e) they are required to disclose by law or governmental or court order. In the latter case, you must inform Moemax immediately before disclosing the information so that Moemax can take appropriate protective measures.
(3) Except as necessary for the performance of the Agreement, you are obliged to keep Moemax's confidential information strictly confidential, not to use it for non-contractual purposes and to protect it with at least the same care that you take to protect your own confidential information.
(4) The confidentiality obligations under this Section shall apply throughout the term of the Agreement and for a period of 10 years after its termination.
(5) Press releases relating to cooperation are generally prohibited, but may be coordinated with Moemax and require Moemax's approval in text form before publication.
9. Liability of Moemax
(1) We will operate our website within the scope of our technical possibilities. We make no representations or warranties regarding the affiliate network, Moemax products, and the error-free and uninterrupted usability of our website.
(2) Moemax is liable for culpable damages in the event of a breach of essential contractual obligations (cardinal obligations) or in the event of a breach of a contractually assumed guarantee. In addition, regardless of the legal grounds, i.e. also in the case of claims arising from tort, we are only liable under the Product Liability Act, in the event of injury to life, limb or health, or if the damage was caused by gross negligence or intent by us or our vicarious agents.
(3) In the event of a slightly negligent breach of a material main contractual obligation, Moemax shall be liable at most up to the typically foreseeable damage that does not exceed your advertising revenue from this agreement in the last 12 months prior to the occurrence of the damage.
10. Patents, Copyrights, Trademarks and Intellectual Property
(1) The Partner guarantees that the provision of its services in accordance with this Agreement does not infringe any rights of third parties, in particular no patent rights, trademark rights, copyrights, rights exercised by or transferred to collecting societies or other property rights of third parties. The Partner further guarantees that claims of collecting societies do not arise from the contractual use of the website.
(2) If a claim is made against Moemax due to actual or alleged infringement of the aforementioned rights, the Partner shall indemnify Moemax against all claims and indemnify Moemax. The indemnification also includes the assumption of the costs for a necessary defense or legal prosecution. Moemax will inform the Partner immediately of a claim. The obligation to indemnify and assume costs by the partner does not apply to the extent that Moemax is responsible for the violation.
(3) In the event of a claim against Moemax, the Partner shall immediately ensure, at its own expense, that the services owed are provided in accordance with the contract and, if necessary, acquire the rights necessary for the provision of its services under this Agreement at its own expense.
11. Joint responsibility under data protection law
(1) To the extent that the contractual relationship between Moemax and the Affiliate results in joint responsibility within the meaning of Article 26 of the EU General Data Protection Regulation (GDPR), the following paragraphs specify which of these two parties fulfils which obligation under the GDPR.
(2) The Affiliate shall take appropriate measures to protect data subjects in accordance with Article 12 (1) GDPR
. a) all information in accordance with Articles 13 and 14 of the GDPR, and
. b) all communications pursuant to Articles 15 to 22 and Article 34 of the GDPR,
relating to the processing operations carried out by the Affiliate (i.e. either the Affiliate itself or a processor within the meaning of Article 28 GDPR for the Affiliate). This applies in particular to all processing operations in the Affiliate's electronic media, including the referral of potential customers to the Moemax Online Shop and the associated use of tracking technologies (in particular cookies) to record the advertising remuneration to which the Affiliate is entitled.
(3) Moemax takes appropriate measures to provide the data subjects with the following information in accordance with Article 12 (1) GDPR
a) all information in accordance with Articles 13 and 14 of the GDPR, and
b) all communications pursuant to Articles 15 to 22 and Article 34 of the GDPR
relating to the processing operations that Moemax carries out (i.e. either Moemax itself or a processor within the meaning of Article 28 GDPR for Moemax). This applies in particular to the recording of the advertising remuneration to which the affiliate is entitled in the Moemax online shop and the billing of this advertising remuneration to the affiliate.
(4) Where a data subject asserts the exercise of rights under the GDPR against a party,
a) that party fulfils the rights asserted itself, to the extent that it is possible for it to do so, and
(b) inform the other party so that the other party can otherwise comply with the rights invoked.
(5) Both parties shall inform the data subjects of the essence of this agreement in accordance with Article 26 (2) sentence 2 GDPR.
12. Miscellaneous
(1) German law shall apply to this Agreement. Düsseldorf is agreed as the exclusive place of jurisdiction. This does not apply to the order for payment procedure and other mandatory statutory places of jurisdiction from which it is not possible to deviate by agreement between the parties. We also reserve the right to sue at your general place of jurisdiction.
(2) This Agreement is not transferable in text form without our consent. Moemax is entitled to transfer this Agreement and all its rights and obligations hereunder to its affiliated companies within the meaning of Sections 15 et seq. of the German Stock Corporation Act. Moemax will inform you of such a transfer in text form without undue delay.
Last update: 01.04.2020
GTC Network
General Terms and Conditions of the Operator Name for Publishers
Last update: 01.04.2020
Introduction
The Operator Name (hereinafter referred to as the "Operator Name") operates a platform under the domain aaa.Betreibername.com (hereinafter also referred to as the "Operator"), which enables providers of online goods and services registered with the Operator Name (hereinafter referred to as the "Advertiser") to advertise products within the framework of programmes. For this purpose, persons registered with Betreibername (hereinafter referred to as "Publisher") make their advertising environments - e.g. website - available to the advertisers or Betreibername themselves.
The object of the programs is the provision of media services via the publisher's advertising environments by means of advertising media - such as banners or text links - to support the advertiser in the online sale of goods and services.
1. Definition within the meaning of these General Terms and Conditions
For the purposes of these General Terms and Conditions (hereinafter referred to as "T&Cs") and all contracts with the Publisher:
Account is access to the Operator Name platform "Network Name", as it is opened by the Operator Name after successful registration and activation.
Call : A call is a call voluntarily and consciously made by the user to a phone number assigned to the advertiser's program and displayed in the publisher's advertising environment.
Click : A click is a voluntary and conscious call by the user to a hyperlink for the Advertiser's program, which leads to the access of the linked website of the Advertiser. The hyperlink must be embedded in the publisher's advertising environment (e.g. the website) approved under the Program Terms. A later continuation of the user's action (e.g. in the case of a lead or sale) can also lead to a remuneration obligation on the part of the advertiser (post-click).
Hyperlink means a reference to the Advertiser's website provided by the Advertiser through the "Network Name" platform for use by the Publisher in the Publisher's advertising environment for the Advertiser's Program.
Lead : In the case of a lead, a valid view, click or call, is followed by a voluntary and conscious execution of a certain defined action on the advertiser's website (qualified action) by the user.
verified, verified by the Advertiser and determined and confirmed by Operator's name at its reasonable discretion.
Pay-Per-View/Click/Call/Lead/Sale Program : The entitlement to remuneration within the framework of a Pay-Per-View/Click/Call/Lead/Sale Program depends on the conditions set out in these T&Cs.
Sale : In the case of a sale, a valid view, click or call is followed by a voluntary and conscious purchase of a fee-based product or a voluntary and conscious use of a fee-based service by the user.
User is any natural or legal person who accesses the Publisher's advertising environment or the Advertiser's website and carries out a view, click, call, lead and/or sale.
View : A view is a call to the publisher's advertising environment by which an advertiser's advertising material is displayed according to the program terms. After the advertising environment has been called up and a lead or sale has been generated as a result, even without a click on the advertiser's advertising material, the advertiser can be triggered with a remuneration obligation (post-view).
Website (of the Advertiser) means the contractual Internet offer of the Advertiser (e.g. websites, mobile pages, social profiles, apps, etc.) at the precisely specified URL under which the Publisher sells and/or advertises goods and/or services online and to which the hyperlink to be used by the Publisher in accordance with the rules of the Program refers.
Advertising Environment (of the Publisher): The advertising environment is the contractual Internet offer of the Publisher or a third party that acquires the rights of use to a Publisher's Internet offerings, e.g. websites, mobile pages, social profiles, apps, etc. In the program conditions, the advertiser can also expand the advertising environment (e.g. to search engine marketing). If the advertising environment is a website, this is to be understood as the Publisher's Internet offer under the domains specified and registered by the Publisher with the content checked by the Advertiser. The domains specified in the publisher's account may be visible to the advertiser. The Advertiser will proactively check these or their content at appropriate intervals and, where appropriate, report the Operator Name.
2. Conclusion of Contract
2.1 By registering, the Publisher is given the opportunity to participate in the Operator Name Network Network Name. The publisher can apply to the advertisers' programs in order to be able to display their advertising material in its advertising environment.
2.2 Only legal entities and natural persons with unlimited legal capacity within the meaning of Section 1 (1) No. 1 of the Consumer Protection Act (KSchG) can open an account.
Consumers are expressly excluded from participation. There is no entitlement to participation.
2.3 Operator's name or a third party commissioned by Operator's name is entitled to request the Publisher to submit suitable evidence such as a valid business license, excerpt from the commercial register and/or proof of identity for the purpose of identity check.
2.4 If an employee of a legal entity registers it as a publisher, the legal entity must be authorized to do so in writing by the legal entity. The same applies if another third party (e.g. agency) opens an account on behalf of a publisher. The power of attorney must be proven at the request of the operator's name.
2.5 With the complete registration, the acceptance of these Publisher T&Cs and the activation of the Publisher Account by the Operator's Name, the contract with the content of these T&Cs (hereinafter also referred to as the "Framework Agreement") is concluded. However, Betreibername reserves the right to refuse to accept the offer to conclude the contract without giving reasons. In this case, no contract is concluded. The Publisher is not entitled to provide different personal data when registering different accounts.
2.6 If the Publisher is the operator of a network with Sub-Publishers, the Publisher guarantees by registering to communicate these T&Cs to its Sub-Publishers and to enforce and monitor their compliance. He is liable for the conduct of his sub-publishers and indemnifies Betreibername from all resulting claims.
3. Subject matter of the contract
3.1 The Publisher will have access to an overview of the Advertisers' active programmes in which they can participate via the "Network Name" platform under their account. The Publisher applies to the available programs by specifying the advertising environments it operates via the operator name platform "Network Name". Alternatively, the advertiser applies to enter into a cooperation with the publisher, who offers him his advertising environment as part of a program.
3.2 By applying to participate in a Program, the Publisher accepts any additional, program-specific terms and conditions of participation of the Operator Name or the Advertiser as stated on the "Network Name" platform. The acceptance of additional terms and conditions of participation by the Advertiser does not establish a contractual relationship between the Advertiser and the Publisher. In the event of any contradiction between the provisions of these Terms and Conditions as well as the Operator Name GTC for Advertisers and the Additional Terms and Conditions of Participation of the Advertiser, such provisions of these Terms and Conditions as well as the Operator Name GTC for Advertisers shall take precedence over those of the Advertiser's Terms and Conditions of Participation.
3.3 Acceptance of the application or offer to participate in the Programme shall be made by means of a declaration, which is usually made by the Advertiser or Publisher on behalf of the Operator, in the form of acceptance of the application or offer for a particular Affiliate Programme and under any additional terms and conditions of participation specified on the "Network Name" platform. The resulting program is finally activated by the operator's name. Operator name is authorized to be used by itself or by the Advertiser
or Publisher to declare the rejection of the Publisher's or Advertiser's offer for the Affiliate Program without giving reasons. In the absence of a declaration of acceptance, the application or offer shall be deemed to have been rejected without further ado. There is no claim by the Publisher against the Operator Name or the Advertiser to participate in a Program. Upon acceptance of the application or offer, an individual contract for the provision of advertising services for the respective advertised programme shall be concluded between the Operator's name and the Publisher on the basis of the framework agreement concluded in accordance with Section 2.5 of these GTC. The individual contract and any additional terms and conditions of participation shall form part of this framework agreement between the Operator's name and the Publisher. The individual contract contains the specified information on the type and remuneration of the service to be provided to support the respective advertiser in the online sale of its goods and services, e.g. the purchase of goods or the use of services by a third party (sale) or the ordering of a newsletter (lead). A combination of Call, Click, Lead, Sale and View is possible. The advertiser and operator name are entitled to reject an application without giving reasons. In the absence of activation by the operator's name, an application is automatically considered rejected.
3.4 With the activation of the program, the possibility is created to publish advertising material of the advertisers on the advertising environments of the publishers. If a user clicks on an advertising medium and performs an action specified in more detail in the individual contract, the publisher receives a performance-related remuneration from Betreibername for the successful performance of the individual contract, provided that the claim has arisen lawfully in this way.
4. Right to determine performance/performance
4.1 Operatorname is entitled, but not obliged, to continuously develop the "Network Name" platform at its own discretion and to adapt it to technical developments.
4.2 OperatorName is also entitled to transfer its own provision of services or parts thereof to third-party service providers or vicarious agents for independent processing.
4.3 Betreibername is not obliged to check the admissibility or accuracy of the advertising materials/environments provided by the Advertisers within the framework of the Partner Programmes.
4.4 The Publisher acknowledges that the techniques used by the Advertiser – in particular the techniques used in the tracking process or remuneration modalities – are the sole responsibility of the Advertiser. The Publisher is entitled to obtain information about the technology used from the Advertiser at any time.
5. Remuneration Requirements/Provisional Credit
5.1 Operator Name enables the Publisher to participate in Pay-Per-Click/View/Call/Lead/Sale Affiliate Programs or a combination of the aforementioned program types. The publisher is only entitled to remuneration in the case of:
Compliance with these Terms and Conditions and the Terms and Conditions of Participation of the respective Affiliate Program for valid clicks, views, calls, leads or sales credited to his account and only if the advertiser verifies them as valid and if the Operator Name confirms the validity of the Clicks, Views, Calls. Leads or sales based on the incoming verifications of the advertisers at its reasonable discretion. A click, view, calls, lead or sale is only valid if the conditions of participation of the respective affiliate program and these terms and conditions are met.
5.2 In the case of Pay-Per-View Affiliate Programs, views are logged and verified on the basis of the Operator's Name Transaction System and their validity is determined and confirmed by the Operator's Name at reasonable discretion. Depending on the outcome of this process, the publisher will be credited with a fixed amount for every thousand valid views, unless they are merely views for so-called post-view tracking. Operator Name publishes the current/valid amount on the platform "Network Name" in the description of the Affiliate Program.
5.3 In the case of Pay-Per-Click Affiliate Programs, Clicks will be logged and verified on the basis of the Operator's Name, Transaction System, and their validity will be determined and confirmed by Operator's Name at our reasonable discretion. The publisher will be credited with a fixed amount for each valid click, depending on the outcome of this process. Operator name publishes the current/valid fixed amount on the platform "Network Name" in the description of the affiliate program.
5.4 In the case of Pay-Per-Call Affiliate Programs, calls are logged and verified on the basis of the Operator Name Transaction System and their validity is determined and confirmed by Operator Name at reasonable discretion. Depending on the outcome of this process, the publisher will be credited with a fixed amount for each valid call. Operator name publishes the current/valid fixed amount on the platform "Network Name" in the description of the affiliate program.
5.5 Clicks that are not generated via hyperlink and/or to the Advertiser's website, for example, are not valid. Clicks, views and calls by the same user that are automatically generated by technical devices (e.g. click generators) as well as repeated clicks or in a short period of time – e.g. clicks on different hyperlinks – are not valid. Clicks, views and calls that are initiated by coercion or deception, or for which the user receives remuneration from the publisher, are also not valid. Clicks that are associated with a compulsion to act, such as sending an SMS message, participating in a competition or using the click in a paid e-mail system, are also generally inadmissible in the programme terms and conditions without the prior written consent of the operator's name or permission. In the absence of such consent or permission, clicks, views and calls generated by this are not valid.
5.6 All clicks and views recorded as valid in accordance with Sections 5.2 to 5.5 of these GTC will first be credited to the Publisher account at Operator's Name in the course of the daily evaluation. The operator name reserves the right to check the validity in accordance with the provisions of these GTC and the terms and conditions of participation of the respective affiliate program even after it has been credited to the publisher account.
5.7 For the validity and crediting of Pay-Per-Lead Affiliate Programs, Pay-Per-Sale Affiliate Programs or a combination with the aforementioned types of programs, the statements under Sections 5.2 to 5.6 of these T&Cs apply mutatis mutandis, with which the
Deviation that the logging and verification of valid leads and sales within the meaning of these T&Cs may be carried out in part by the systems of the Advertisers or by the Advertisers. Basically, views (including post-views), clicks (including post-clicks) and calls can lead to a lead and/or sale; a call can be made if necessary. already be a lead. Betreibername may allow the granting of remuneration (e.g. within the framework of bonus programs) to the User for the execution of a lead, sale or call. First, all leads or sales are provisionally reserved after fulfilling the conditions of the respective affiliate program. In particular, the reservation on the publisher account does not constitute an acknowledgement that all conditions of the affiliate program have been fulfilled or that the recorded leads or sales are actually valid leads or valid sales. In the case of pay-per-sale affiliate programs with a percentage remuneration, this is calculated according to the net sales value of the goods or services (excluding ancillary services and VAT).
5.8 The reserved credits are subject to confirmation by the Advertiser, who verifies them, and confirmation by the operator's name in accordance with point 5.1 of these GTC. Only after the Advertiser has duly verified the views, clicks, calls, leads or sales as valid and the Operator Name has confirmed them, the Publisher has a due claim to the remuneration. This also applies if the credit note in accordance with Section 6.2 of these Terms and Conditions has already been paid out to the Publisher in advance.
6. Method of Payment/Remuneration
6.1 OperatorName shall issue a monthly statement for the Publisher with regard to the credits made in accordance with Section 5 of these Terms and Conditions for all Affiliate Programs and with regard to the respective account of a Publisher. The Publisher will be informed by e-mail on the 1st of each month of the amount of the expected payment for the previous month, according to the credits made to the Publisher account held by OperatorName until then. Betreibername will pay these credits to the Publisher no later than the 15th of this month, provided that they amount to at least CHF 25.00 net. Otherwise, Betreibername will only pay out the credits in the month in which all credits on the publisher account cumulatively amount to at least CHF 25.00 net. For each payout, OperatorName issues a credit note in accordance with the provisions of tax legislation. The credit to the publisher account does not earn interest.
6.2 Betreibername strives to pay out credits to the Publisher as early as possible and therefore cannot do so unconditionally. The credits may be paid out without a final check by the operator's name as to whether the credits on the publisher account were based on valid views, clicks, calls, leads or sales and, if necessary, without the advertiser having verified them. If a prerequisite for validity in accordance with Section 5 of these Terms and Conditions is not met, or if the Advertiser does not provide or withdraws its verification, or if the generation of a view, click, call, lead or sale was based on manipulation or deception or a violation of the terms and conditions of the Affiliate Program, the standard terms and conditions for participation in the (aggregated) program or these Terms and Conditions, or for other reasons a valid view, Click, Calls, Lead or Sale, Operator's name is entitled to cancel the Publisher's account within a period of twelve (12) weeks.
after payment or to reclaim the amount paid out. Betreibername also reserves the right to reclaim payment at a later date, within the statutory limitation periods, if Betreibername proves that the payment to the publisher was not based on a claim for remuneration based on a valid view, click, calls, lead or sale.
6.3 The credits will initially be paid out for all Publishers, if this has been agreed separately with the Advertiser, from the Advertiser's cover balance with the Operator Name for the respective Affiliate Program. In this respect, Betreibername may oblige the advertisers to ensure that the credits accruing to the publishers are sufficiently covered in accordance with the credits paid out for the previous month and/or the credits that are foreseeable. This right is exercised by Betreibername only for the fulfilment of the aforementioned purpose. If the Advertiser's cover balance is nevertheless not sufficient to pay out the credits in accordance with Section 6.1, Betreibername will pay out the credits for the respective Affiliate Program to all publishers of an Affiliate Program on a pro rata basis. If the Advertiser does not ensure that the Publisher's credits to be paid out are covered within a period of two (2) weeks, even after a corresponding request by OperatorName, the Publisher is entitled and obliged to make a claim against the Advertiser for payment before making use of OperatorName. In this case, Betreibername will assign its claims against the Advertiser in the amount of the Publisher's claim upon request to the Publisher. The Publisher is not obliged to make a claim against the Advertiser if this is recognizably hopeless due to lack of assets.
6.4 The Publisher is obliged to check the credits in his Publisher Account regularly and at short notice and to notify Operatorname in text form of obvious or recognizable defects according to commercial standards without delay, but no later than within 14 days. Any credits/reimbursements are time-barred within the statutory limitation periods.
7. Obligations of the Publisher
7.1 The Publisher is obliged to use the Advertiser's hyperlinks, URLs and advertising materials exclusively in accordance with its intended purpose, lawfully and, within the scope of the technical possibilities of its advertising environment, including all entries in search engines, directories or link lists of third parties, to design and present them in such a way that valid views, valid clicks, valid leads or valid sales are generated exclusively by users for the Advertiser.
7.2 The hyperlinks required for participation in an Affiliate Programme together with the URL of the respective page of the Advertiser's website or other advertising material shall be made available to the Publisher by the Publisher's name. The Publisher may not change the HTML code provided by the Advertiser for Operator's name or banners etc. provided. The advertising material provided may only be used in the advertising environment of the publisher. The use of these advertising materials is only permitted in connection with participation in a
Affiliate Program and within the scope of their intended, approved use.
7.3 The use of names, protected brands and trademarks, the company name or logos of the Operator's name or a third party – in particular the Advertiser – is only permitted if the Publisher has the consent of the rights holder. The Publisher undertakes to design its advertising environment in such a way that the rights of third parties, including copyright, are not infringed. Furthermore, the Publisher undertakes not to violate applicable law, in particular data protection.
7.4 The Publisher is only permitted to send e-mails or other messages, communications or contacts with advertising for the Operator Name or the Affiliate Programs in compliance with the legal requirements (in particular § 7 of the E-Commerce Act (ECG) and § 107 of the Telecommunications Act (TKG)) and the current case law.
7.5 The Publisher is obliged to provide its commercial offer with a provider designation, §§ 5 et seq. ECG. The Publisher undertakes to design its advertising environment in accordance with the currently applicable legal regulations on consumer protection.
7.6 Depictions of violence, sexually explicit or pornographic content or discriminatory statements or depictions with regard to race, gender, religion, nationality, disability, sexual orientation or age are not permitted in the Publisher's advertising environment and/or in connection with participation in Operator's Affiliate Programs. The design of the advertising environment must not be suitable to impair the reputation or appreciation of the goods or services, the brand or the business operations of the Operator's name or the Advertiser. The Publisher undertakes to provide all necessary cooperation in the event of information to be provided to authorities.
7.7 The above provisions also apply if the Publisher refers to third-party websites by means of a link.
7.8 The Publisher may place the hyperlink to the Advertiser's website in any number of places in its advertising environment. However, OperatorName may require the Publisher to change the placement of the hyperlink if it is likely to impair the reputation or appreciation of the product or service, brand or business operations of OperatorName or the Advertiser.
7.9 The Publisher is prohibited from abusively obtaining views, clicks, calls, leads and sales contrary to these Terms and Conditions or the Program Terms of the Advertiser. The publisher is not entitled to remuneration for such views, clicks, calls, leads and sales. Furthermore, in the event of a breach of the provisions of these Terms and Conditions or the terms and conditions of the Affiliate Program, the Publisher undertakes to bear, in addition to compensation for any damages caused thereby, such reasonable costs and expenses as Operatorname incurs in order to protect the interests of Operatorname, including through the use by a third party caused by this.
7.10 The Publisher is responsible for regularly informing itself of changes to program structures, e.g. Rate changes, in the Operator Name System - Network Name.
7.11 The Publisher undertakes to pay a contractual penalty of CHF 10,000 to OperatorName for each case of violation of the provisions of this Agreement, in particular those under Section 7 of these Terms and Conditions.
7.12 The obligations of the Publisher set out in Section 7 shall also be assumed by the Publisher with effect in favour of the respective Advertiser (so-called contract for the benefit of third parties).
8. Access and duration of the contract
8.1 The Account will initially be granted to the Publisher for an indefinite period.
8.2 The contract between the Operator's name and the Publisher for the provision of services to support the respective Advertiser in the online sale of goods and services is concluded for an indefinite period of time.
9. Deactivation of the Account and Termination of the Agreement
9.1 The Parties shall be entitled to terminate the Agreement and/or the individual or all individual contracts relating to the Publisher's participation in Affiliate Programs with ordinary notice of five (5) working days without giving reasons.
9.2 The right of extraordinary termination for good cause is reserved to the parties. An important reason exists in particular if essential contractual obligations, in particular the obligations of the publisher according to Section 7 of these GTC, are violated.
9.3 Termination in accordance with these provisions must be in text form. The notification of the deactivation of access is always possible in any form.
9.4 In the event of termination of the Agreement, access to the Operator Name Network – Network Name will be deactivated. Operatorname is also entitled to deactivate and/or terminate the Publisher's account within five (5) working days and to inform the Publisher thereof, in particular if 9.4.1 the Publisher has not participated in a program or has not generated any sales in a period of twelve (12) months, or
9.4.2 the advertising environment specified when registering or applying for a specific programme does not correspond to the advertising environments actually used.
9.5 If the account is deactivated, a credit balance will be issued via any existing publisher. Any balance on the Publisher Account below the threshold set out in Section 6.1 will be forfeited.
9.6 The Publisher is obligated to remove all hyperlinks and other advertising materials to the affected Affiliate Program from all websites and websites without undue delay after termination.
advertising environments and also otherwise no longer participate in the affected affiliate program. From the effective date of termination, the Publisher will no longer be paid any remuneration, even if the Publisher does not remove the respective hyperlink or other advertising material from the websites or advertising environments or otherwise acts for the affected affiliate program.
9.7 A Publisher whose account has been deactivated in accordance with Section 9.4 of these Terms and Conditions shall not be entitled to re-register for the Operator Name platform "Network Name", unless otherwise agreed with the Operator's Name. Violations of this provision oblige the Publisher to pay damages to Betreibername. Any publisher credit that may have been obtained in violation of the contract will be forfeited.
10. Liability and indemnification for breach of contract
10.1 Operatorname is not responsible for the content of third-party websites, for damage or other disruptions based on the defectiveness or incompatibility of the participants' software or hardware, or for damages caused by the lack of availability or the proper functioning of the Internet.
10.2 In all other respects, liability exists – regardless of the legal grounds – only 10.2.1 in the event of intent and gross negligence on the part of a legal representative, an executive employee or other vicarious agent,
10.2.2 In principle, in the event of any culpable breach of a material contractual obligation (whereby the term "essential contractual obligation" refers abstractly to such an obligation, the fulfilment of which is essential for the proper execution of the contract in the first place and on the fulfilment of which the respective other party may regularly rely), in the event of delay and impossibility.
10.3 Liability in accordance with Section 10.2.2 of these GTC is limited to the amount of the typically foreseeable damage in the event of financial and property damage.
10.4 The aforementioned limitations of liability do not apply in cases of mandatory statutory liability, in particular under the Product Liability Act, in the case of the assumption of a guarantee or in the event of culpable injury to life, limb and health.
10.5 The Publisher shall indemnify Operatorname and its Advertisers against all claims for damages, liability, warnings, cease-and-desist declarations by third parties and other claims, as well as any costs and expenses associated therewith, which have been caused by causal conduct (including omission) of the Publisher. This applies in particular in the event of a violation of copyright, trademark, competition and data protection rights or the rights of third parties.
11. Data protection
11.1 OperatorName and the Publisher shall comply with their respective obligations under applicable privacy and data protection law, as well as similar laws applicable in relation to data processing in connection with this Agreement and in accordance with the Data Processing Agreement Addendum attached to these Terms and Conditions. In the event of discrepancies, the supplement to the agreement on the processing of data shall take precedence over the General Terms and Conditions
12. Confidentiality
12.1 The Parties undertake to keep secret for an indefinite period beyond the end of the Agreement all operational and other business information and findings of the other Contracting Party made available to them in connection with this Agreement, which are designated as confidential or which are otherwise recognizable as business or trade secrets of one Party, and - unless necessary to achieve the purpose of the Agreement - not to record them or or otherwise exploit it.
12.2 The parties shall ensure, by means of suitable contractual agreements with the employees and agents working for them, that they shall also refrain from any use or unauthorized recording of such confidential information as well as business and trade secrets for an indefinite period of time. Each contracting party is obliged to consult with the other contracting party if any doubts arise as to whether information is to be treated as confidential or not in a specific individual case. In case of doubt, information is to be treated as confidential.
13. Reservation of change
13.1 If Betreibername intends to change the General Terms and Conditions, Betreibername will notify the Publisher thereof. If the Publisher does not object in due form or within the deadline, the amended Terms and Conditions shall enter into force two (2) calendar weeks after receipt of the notification at the beginning of a new calendar week. The customer's objection is only in due form and within the time limit if the objection is made in text form and is received by Operator's name within two (2) weeks of receipt of the notification. Betreibername will inform the Publisher of the possibility of the objection, its form and deadline and the legal consequences of an objection that is not made in due form or within the time limit.
13.2 The remuneration for all Affiliate Programs is subject to change at any time. For all affiliate programs, the advertiser can also change the remuneration with effect for the operator's name at its own discretion. The change will be made by notification of the changed remuneration on the "Network Name" platform for the respective Affiliate Program. The change will take effect after publication on the "Network Name" platform on the following day, 0:00 a.m.
14. Scope of Application
14.1 Deliveries, services, offers and contracts between the Operator Name and the Publisher are always based on these Terms and Conditions. Conflicting terms and conditions of the Publisher are therefore invalid unless their validity has been expressly agreed in writing between the Operator's name and the Publisher. Any counter-confirmations by the Publisher with reference to its terms and conditions are hereby contradicted.
14.2 Unless otherwise agreed between the Operator's name and the Publisher, ancillary agreements, amendments or additions must be made in writing in order to be effective. The agreement on this written form requirement must also be in writing in order to be effective.
14.3 Employees of OperatorName are not entitled to agree on changes to these Terms and Conditions.
15. Place of jurisdiction, choice of law and severability clause
15.1 The place of jurisdiction for all property disputes arising from this contract, including bills of exchange and cheque claims, shall be the city.
15.2 German law shall apply to the exclusion of the uniform UN Convention on Contracts for the International Sale of Goods.
15.3 Should one or more provisions of these GTC be or become invalid, the validity of the remaining provisions shall remain unaffected. The invalid provisions are to be replaced by an appropriate regulation that comes as close as possible to what the contracting parties wanted.
16. Publisher Data Processing Agreement
(A) The Operator's name ("Company") and the entity signing this Agreement ("Publisher") have entered into a Publisher Agreement ("Master Agreement") under which the Publisher has joined the Affiliate Marketing Network of the Company and the Company has agreed to provide affiliate marketing services.
(B) This Data Processing Agreement ("DPA") is entered into between the parties and supplements the Main Agreement.
(C) If you enter into this DPA on behalf of Publisher, you represent that you (i) have the legal authority to bind Publisher to this DPA; and (ii) you accept this DPA on behalf of the Publisher.
AGREED TERMS
1. INTERPRETATION
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1.1 In this DPA, the following terms have the meanings set out below: GDPR |
is the General Data Protection Regulation 2016/679 of the Swiss Union. |
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Regulations on data protection |
means all applicable data protection and other rules and laws applicable to data processing in connection with this Agreement, for EU residents, including any regulations implementing the Data Protection Directive 95/46/EC (the "Privacy Policy") or GDPR (as applicable) or the ePrivacy Directive 2002/58/EC, and for U.S. residents, FTC Guidelines, and U.S. state and federal legislation on data protection and data security; |
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Sub-processors |
means any person (other than the employees of the parties) engaged by or on behalf of either party to process personal data on behalf of that party or otherwise in connection with the Principal Agreement. |
2.3 This DPA applies only with regard to the processing of personal data by the parties.
3. PRIVACY AND COOKIES
3.1 The Company and the Publisher comply with their respective obligations in accordance with the regulations on data protection. Each party shall cooperate reasonably with the other party to enable the other party to comply with this Section 3.
3.2 The Publisher will, on behalf of the Company, obtain the consent of all Visitors to cookies that the Company uses on the Visitor in the context of a click and in accordance with the Directive on Privacy and Electronic Communications 2002/58/EC.
3.3 The Publisher shall not provide any personal data to the Company without the prior written consent of the Company, unless this is expected by the Company in the course of its ordinary operation of the Affiliate Marketing Network.
3.4 In relation to Processing under the Main Agreement for which the Company and the Publisher are joint controllers (whether jointly or with an Advertiser), the following obligations apply:
3.4.1 Each party shall cooperate reasonably with the other party to enable the other party to comply with the data protection regulations.
Transparency
3.4.2 The Publisher shall take appropriate measures to provide data subjects with information on how personal data is processed by or on behalf of the Publisher. This includes at least all the information required by Articles 13, 14 and 26 of the GDPR in this regard. The Publisher will provide this information in a concise, transparent, understandable and easily accessible form in clear and plain language ("Publisher Processing Notice").
3.4.3 The Company shall take appropriate measures to provide data subjects with information on how personal data is processed by or on behalf of the Company. This includes at least all the information required by Articles 13, 14 and 26 of the GDPR. The Company will provide this information in a concise, transparent, understandable and easily accessible form in clear and simple language ("Company Processing Notice").
3.4.4 The Publisher must provide a hyperlink with the Company's current Data Processing Notice in its Data Processing Notice.
Personal
3.4.5 Each party shall take reasonable steps to ensure the reliability of all employees, agents and contractors who may have access to the Personal Data. In any case, it must be ensured that access:
(a) is limited to those persons who need access to and/or need to know the relevant personal data, and
(b) strictly necessary for the purposes of the Principal Agreement and compliance with applicable law within the scope of such persons' obligations.
3.4.6 Each party shall ensure that all persons referred to in clause 3.4.5 are subject to confidentiality obligations or professional or legal obligations to comply with confidentiality.
Security and confidentiality of data
3.4.7 Each Party shall take appropriate technical and organisational measures in relation to the Personal Data to ensure an adequate level of protection. This includes, as applicable, the measures listed in Article 32(1) of the GDPR. In doing so, the parties shall take into account the following points:
(a) the state of the art, implementation costs and the nature, scope, circumstances and purposes of the processing, and
(b) the different likelihood and severity of the risk to the rights and freedoms of natural persons.
3.4.8 In assessing the adequate level of protection, the parties shall take into account, in particular, the risks associated with the processing. This includes, but is not limited to, destruction, loss or alteration, whether accidental or unlawful, or unauthorised disclosure of or access to personal data transmitted, stored or otherwise processed.
Order processing
3.4.9 In relation to Intended Processing by a Sub-Processor, the Parties shall have the following obligations:
(a) Before the Sub-Processor processes the Personal Data for the first time, the Parties shall ensure with due diligence that the Sub-Processor is able to ensure the protection of the Personal Data as required by the Data Protection Regulations.
(b) The parties must ensure that the agreement with such sub-processor is governed by a written contract that includes the conditions set out in Article 28(3) of the GDPR.
Rights of data subjects
3.4.10 Each party shall comply with its obligations to respond to requests to exercise the rights of data subjects under the Data Protection Regulations. Each party shall cooperate reasonably with the other party to enable it to comply with this clause.
Personal data breach
3.4.11 Jede Partei:
(a) must notify the other party immediately upon becoming aware of a personal data breach ("Network Data Breach"), and
(b) must provide the other party with sufficient information to enable it to comply with its obligations to notify or notify data subjects of the breach of network data protection under or in connection with the data protection regulations, and
(c) must consult with the other party regarding the external communications and PR strategy related to the Network Data Breach, and
(d) notwith, subject to compliance with applicable laws, notify any data protection authority of the Network Data breach without first obtaining written permission from the other party, and
(e) may not issue a press release or speak to a member of the press in relation to the Network Data Breach without first obtaining written permission from the other party.
3.4.12 The notification referred to in Section 3.4.11(a) must meet at least the following conditions:
(a) it shall specify the nature of the network data breach, the types and number of data subjects, and the types and number of personal data records affected.
(b) It shall describe the possible consequences of the breach of the protection of network data.
(c) It shall describe the measures taken or planned to address the breach of network data protection.
3.4.13 The Publisher shall cooperate with the Company and take such reasonable measures as requested by the Company to assist in the investigation, mitigation and remediation of any breach of the protection of network data.
Datentransfers
3.4.14 Neither party may transfer personal data outside the EU in breach of data protection regulations.
3.5 The Publisher warrants and undertakes, during the term of the Main Agreement, that:
3.5.1 the Processing under the Main Agreement carried out by the Company or by Advertisers as Processors on behalf of the Publisher, as the Controller, including the Processing of Personal Data relating to the Publisher and any Authorised Users who comply with Data Protection Regulations;
3.5.2 they have all the rights or consents necessary for the transfer of personal data outside the EU by the Company or by Advertisers.
3.6 To the extent that the Company acts as a Controller and the Publisher acts as a Processor (or, as applicable, the Company is a Processor and the Publisher is a Sub-Processor), the Publisher will:
3.6.1 process personal data only on documented instructions from the Company, including in relation to the deletion or return of personal data;
3.6.2 provide the Company with any information relating to Personal Data, including, to the extent that the Publisher has received at least 30 days' prior written notice in this regard, to allow the Company or any relevant Advertisers, or their auditors or consultants, to enter the Publisher's premises during normal business hours to examine the Publisher's systems and records, which (to the extent determined by the Company or the relevant Advertiser) are necessary to demonstrate that the Publisher complies with this Section 3, and
3.6.3 Sections 3.4.4, 3.4.5, 3.4.6, 3.4.7, 3.4.8, 3.4.9, 3.4.11, 3.4.12, 3.4.13 and 3.4.14.
3.7 The Publisher will not use reports generated by the use of the Company's Affiliate Marketing Network interface to create profiles (as defined in the GDPR) of Visitors.
4. LIMITATIONS OF LIABILITY
Each party shall be liable for any breach of the data protection rules for which it is responsible and, accordingly, the parties shall not be jointly and severally liable.
5. APPLICABLE LAW AND JURISDICTION
The applicable law and place of jurisdiction of this DPO are the same as those of the main agreement.
XLCH GmbH
Headquarters: Rössliweg 48, CH-4852 Rothrist
VAT Identification Number: CHE-340.352.613 MWST