1. SUBJECT
1.1 The subject of this contract is participation in the getDigital partner program of Stern & Schatz GmbH (hereinafter referred to as getDigital). The partner program enables the remuneration of customer recommendations for the online shop getDigital
2. PARTNER’S OBLIGATIONS
2.1 If the Partner advertises getDigital on a website, he must comply with the following obligations:
2.1.1 The partner guarantees that it will not advertise getDigital on sites that provide content that violates common decency and applicable laws. In particular, this includes the depiction of violence, sexually explicit images, and discriminatory, offensive or defamatory statements regarding race, gender, religion, nationality, disability, sexual orientation or age.
2.1.2 The partner guarantees that the content of the page on which he advertises getDigital does not infringe any rights of third parties. This applies in particular to patent, copyright, trademark and other industrial property rights.
2.1.3 The Partner guarantees that he will not advertise getDigital on sites whose purpose is to distribute vouchers or to advertise the distribution of vouchers.
2.2 We expressly point out that advertising emails may only be sent to recipients who have expressly agreed to receive them beforehand.
2.3 If third-party claims arise from its advertising activities, the Partner undertakes to indemnify getDigital against any claims and the costs of defense.
2.4 Unless expressly agreed, the partner program may not be used for cooperations that are already remunerated in another way (including in the form of material assets such as prizes for competitions)
2.5 The partner program may not be used directly in SEM campaigns. In particular, brand bidding on getDigital and different spellings are prohibited. Furthermore, fraudulent activities that do not involve an active, visible and voluntary visit to our website are expressly prohibited (so-called cookie dropping).
3. OBLIGATIONS OF GETDIGITAL
3.1 getDigital pays the partner 16% of the net order value excluding shipping costs for each successfully placed order. An order is considered to have been placed if the customer has accessed the getDigital website via a link with the partner's partner ID specified or has entered the partner's partner ID themselves during the ordering process. If the customer has accessed the website via a link, a cookie valid for 30 days is placed on the customer's computer. An order is only considered to have been placed if this cookie is still present during the ordering process. getDigital will only delete this cookie early if the customer has been placed by another partner in the meantime. In addition, an order is only considered to have been placed successfully if the customer has received the order, paid the purchase price and has not canceled the order. getDigital will show the commission for an order immediately after receipt of the order, but will deduct it again if the order subsequently turns out not to have been placed successfully.
3.2 getDigital provides the partner with a protected area in which they can see the remuneration achieved so far.3.3 getDigital keeps its online shop available for at least 97% of the year.
3.4 getDigital collects the commissions to be paid to the partner until the partner requests a payout in their protected area. After the request, the commission is then transferred by bank transfer within 7 working days; the partner must provide an account in the EURO area for this purpose. If the collected commissions do not exceed EUR 10 at the time of the payout request, getDigital deducts a EUR 1 processing fee before the payout.
4. TERMINATION OF THE CONTRACT
4.1 This contract can be terminated by either party at any time and with immediate effect. Termination must be in writing.
5. INDEPENDENCE OF THE CONTRACTING PARTIES
5.1 getDigital and the partner are independent parties. This contract does not establish a joint company or association, nor does it constitute an employment relationship or a commercial agency contract. Neither the partner nor getDigital is authorized to act on behalf of the other partner and/or make statements on its behalf.
6. DATA PROTECTION
6.1 In accordance with paragraph 28 of the Federal Data Protection Act (BDSG), we would like to point out that the data required for business transactions are processed and stored using an IT system in accordance with paragraph 33 (BDSG). Personal data will of course be treated confidentially.
7. JURISDICTION
7.1 The place of performance for all obligations and the place of jurisdiction for all disputes arising from the contractual relationship is Kiel, provided that the contractual partner is a merchant or a legal entity under public law. The contractual relationship is subject to the law of the Federal Republic of Germany.
8. SEVERABILITY CLAUSE
8.1 Should any clause of these terms and conditions be invalid, the validity of the remaining terms and conditions shall remain unaffected.
Star & Treasure GmbH
Barkauer Str. 121
24145 Kiel
Germany
