Conditions of participation partner program
Conditions of participation KOKADI Partner program
These Terms and Conditions of Participation (hereinafter referred to as "GTC") apply to the contractual relationship
between the partner registering here
and
the company KOKADI GmbH & Co. KG, represented by Ceyda Temur, Fischerfleck 8, 85737 Ismaning near Munich, Germany
- hereinafter: "KOKADI“ -
§ 1 Scope
(1) The GTC are only directed at midwives/wear consultants and entrepreneurs in the sense of § 14 BGB. Consumers are excluded from participation in the partner program.
(2) We provide our services exclusively on the basis of these GTC. The Partner's own terms and conditions require our express written consent and therefore do not apply even if we do not expressly object to their validity.
§ 2 Conclusion of contract
(1) There is no entitlement to participate in the Partner Program and to conclude a contract with us. We may reject individual partners at any time without giving reasons.
(2) By requesting to participate in the Partner Program, the Partner makes an offer to participate. A contract between KOKADI GmbH & Co KG and the partner is only concluded when we expressly declare acceptance of the offer or release specific advertising materials for the partner.
§ 3 Subject matter of the contract
(1) The subject of this contract is the participation in the partner program. We provide the Partner with a Partner Link or Code. For the successful mediation of orders, the partner receives a mediation commission, which depends on the scope and real value of the service. The prerequisite for the commission claim is that the customer's order is placed via the respective partner link/code. A commission claim exists only for the first order of the respective customer who orders via the partner link/code. Subsequent orders of customers will not be commissioned.
(2) The partner link/code may only be used for the purposes provided for in this agreement.
(3) The Partner is entitled to remove the Partner Link/Code at any time.
(4) The Partner Program shall not establish any other contractual relationship between the Parties beyond the scope of this Agreement.
(5) We operate our website and the services offered on it, such as the provision of product data, within the scope of the technical possibilities available to us at our own discretion. In this context, we do not owe any error-free and/or uninterrupted availability of the website.
(6) The quality and correctness of the products and advertising materials offered on our website are at our sole discretion.
§ 4 Rights and duties
(1) The Partner shall place its Partner Link/Code on its own responsibility exclusively on its own website and on its own print materials.
(2) The Partner is expressly prohibited from using the Partner link/code provided on other channels and/or making changes.
(3) The Partner itself shall be responsible for the content and ongoing operation of the aforementioned channels and shall not place any content there during the term of this agreement that violates applicable law, morality or the rights of third parties and/or is likely to harm our reputation. We are entitled, but not obliged, to check the partner channels. In particular, the Partner is prohibited from disseminating content that represents, concerns or contains racism, glorification of violence and extremism of any kind, calls and incitement to commit criminal acts and/or violations of the law, threats against life, limb or property, incitement to hatred against persons or companies, statements that violate personal rights, defamation, defamation and slander of users and third parties as well as violations of the law of fair dealing, content that violates copyright or other violations of intellectual property rights or sexual harassment of users and third parties.
(4) Any form of abuse, i.e. the generation of leads and/or sales via unfair methods or improper means that violate applicable law and/or these GTC is prohibited. In particular, the Partner is prohibited from attempting to generate Leads and/or Sales by means of one or more of the following practices or to ensure that Sales are assigned to the Partner, either itself or through third parties:
Pretending to generate leads or sales that have not actually taken place, e.g. by the unauthorized provision of third-party data or the provision of false or non-existent data when ordering goods on our website, use of forms of advertising that enable tracking but do not display the advertising material, do not display it perceptibly or do not display it in the specified shape and/or size, cookie dropping: Cookies may not be set when the user visits the website, but only if the user of the partner website has previously clicked on the advertising material in a voluntary and conscious manner, other forms of affiliate fraud (in particular cookie spamming, forced clicks, affiliate hopping) and the use of layers, Add-ons, iFrames and Postview technology in order to increase leads, use of terms protected by law, in particular by trademark law, for us or third parties, for example in search engines, in ad placements or in the advertising of the partner website without our express prior written consent. In particular, the partner is prohibited from providing websites on the Internet that could lead to a risk of confusion with us or products offered by us. In particular, the partner may not copy our website, landing pages or other appearances of ours or adopt graphics, texts or other contents of ours. The partner must avoid the impression that the partner website is a project of ours or that its operator is economically connected with us in a way that goes beyond the partner program and this contract. Any use of materials or content from our website as well as of our logos or trademarks by the partner requires our prior written approval.
(5) The Partner undertakes to operate all channels on which it uses the Partner Link/Code in accordance with applicable law and in particular to maintain a proper imprint.
(6) E-mail advertising containing advertising material or advertising for us in any other way may only be carried out if this has been approved by us in advance and express consent to advertising by e-mail has been given for all addressees and verification of the e-mail address has been carried out and documented by means of a double opt-in procedure.
(7) The Partner shall remove Partner Links/Codes immediately if requested to do so by us. This also applies in particular to websites on which we do not wish to be integrated or no longer wish to be integrated for whatever reason.
(8) The Partner shall refrain from any reference to us and our products in any advertising of the Partner Website. In particular, the Partner shall not place any context-based advertisements (in particular Google AdWords or AdSense) that contain our name, company keywords or brands or are delivered due to the use of corresponding keywords. The same applies to the names of our products.
(9) The Partner undertakes to refrain from electronic attacks of any kind on our tracking system and/or our websites. Electronic attacks include, in particular, attempts to overcome, circumvent or otherwise disable the security mechanisms of the tracking system, the use of computer programs for the automatic reading of data, the use and/or distribution of viruses, worms, Trojans, brute force attacks, spam or the use of other links, programs or procedures that may damage the tracking system, the partner program or individual participants of the partner program.
§ 4 Remuneration
(1) Participation in the Partner Program is free of charge for the Partner.
(2) The Contractual Partner shall receive from KOKADI a performance-based remuneration for sales made on our website by partner leads.
(3) The entitlement to payment of the remuneration shall only arise under the following conditions: a sale of an end customer with us has come about as a result of the Partner's advertising activity, the sale has been logged ("tracked") by us, the sale has been released and confirmed by us, there is no misuse within the meaning of § 3 of these GTC and it is a first order of the respective customer.
(4) A sale shall be deemed to be a fully executed order generated on our website by an end customer, which has also been paid for by the end customer and for which the end customer has not exercised his right of revocation. Returns - for whatever reason - shall not be deemed to be a sale if the end customer has not paid or if payments made by him are refunded. Reversals that occur more than 8 weeks after payment by the end customer shall not be considered.
(5) Orders placed by the Partner or his relatives are not subject to remuneration.
(6) Orders for products which we have excluded from the Partner Program vis-à-vis the Partner are not subject to remuneration. This shall apply from the time of the announcement.
(7) The amount of remuneration shall be based on the agreed commission at the time of the sale. Unless otherwise stated, a commission of 10% of the net price of the respective sale shall apply. New publications and releases are excluded from the commission. In addition, a lower commission rate can be set for special articles or these can be completely excluded from commission.
(8) All stated commissions are net fees and are paid plus value added tax. For technical reasons, the Partner's customer account shall show all purchases made via its link and shall show a corresponding commission amount for these. This also applies in particular to subsequent orders of the respective end customer that are not subject to commission and orders that have not yet been paid by the customer or can still be effectively revoked by the customer. The commission details in the customer account therefore do not constitute an acknowledgement of the existence of a commission claim in the amount stated.
§ 5 Billing
(1) We shall provide the Partner with a statement of remuneration claims. The partner shall check the statement without delay. If the Partner has objections to a statement of account, these must be asserted to us in writing within four weeks. After expiry of this period, the settlement shall be deemed to be correct.
(2) Claims for remuneration shall become due for payment two months after the end of the month in which the end customer's payment for the sale in question is received. Remuneration claims shall only be due if a minimum payment amount of 25 euros has been reached. The Partner shall have the right to claim even lower amounts against reimbursement of a flat-rate processing fee of 5,- Euro. The fee will be withheld from the amount to be paid out. The remuneration claim shall be forfeited if the payment is not made no later than one year after the payment due date of the remuneration claim.
(3) Payment shall be made by voucher or bank transfer/Paypal payment with debt-discharging effect to the bank account specified in the registration process. Any bank charges (e.g. for bank details abroad) shall be borne by the Partner.
§ 6 Liability
(1) Unlimited liability: We are liable without limitation for intent and gross negligence as well as in accordance with the Product Liability Act. We shall be liable for slight negligence in the event of damage resulting from injury to life, limb and health of persons.
(2) In all other respects, the following limited liability shall apply: In the event of slight negligence, we shall only be liable in the event of a breach of a material contractual obligation, the fulfillment of which is a prerequisite for the proper performance of the contract and on the fulfillment of which the partner may regularly rely (cardinal obligation). The liability for slight negligence is limited to the amount of damages foreseeable at the time of conclusion of the contract, the occurrence of which must typically be expected.
(3) There shall be no further liability on our part
(4) The above limitation of liability shall also apply to the personal liability of our employees, representatives and bodies.
§ 7 Indemnification claim/contractual penalty
(1) The Partner shall indemnify us and our employees or agents against all third party claims arising from alleged or actual infringement and/or violation of third party rights by actions taken by the Partner in connection with the Partner Program. In addition, the Partner undertakes to reimburse all costs incurred by us as a result of such a claim by third parties. Reimbursable costs also include the costs of a reasonable legal defense.
(2) The Partner undertakes to pay a contractual penalty for each case of misuse pursuant to § 3, to be determined by us at our reasonable discretion and to be reviewed by a court in the event of a dispute. The contractual penalty shall not exceed twelve times the Partner's strongest monthly turnover within the last six months prior to the misuse. Further claims for damages shall remain unaffected by this provision.
§ 8 Confidentiality
(1) The partner undertakes to keep secret for an unlimited period of time (even beyond the end of this contract) all knowledge of our company and business secrets or other confidential information obtained within the framework of the contractual relationship, to use it only for the purposes of the contract and in particular not to pass it on to third parties or otherwise exploit it. If information is designated by us as confidential, there shall be an irrebuttable presumption that such information is a trade or business secret.
(2) The content of this contract and the documents pertaining thereto shall be treated confidentially (as a trade and business secret) by the Partner.
(3) The Partner shall obligate its employees and other persons whom it uses to fulfill its contractual obligations to maintain confidentiality in a manner corresponding to the above paragraphs 1 and 2.
§ 9 Term and termination of the contract, blocking
(1) The contract shall run for an indefinite period and may be terminated by either party at any time without notice and without stating reasons.
(2) Notice of termination may be given by e-mail. A termination declared by us by e-mail shall be deemed to have been received on the day on which it is sent to the e-mail address specified by the Partner in the customer account. We may also declare termination by restricting access to the customer account. The Partner may also declare termination by deleting the customer account. The contract shall be terminated upon receipt of the notice of termination.
(3) After termination of the contract, the Partner is obligated to remove all Partner Links/Codes immediately. This also applies to websites or other advertising media in which the Partner has integrated the advertising media or links without being authorized to do so.
(5) Leads and/or sales generated after termination of the Agreement shall not result in an obligation to pay remuneration.
(6) Instead of termination, we may also block the customer account in cases of abuse. This also applies if there is only a reasonable suspicion of misuse. We will inform the Partner of the reason for the block and lift the block again when the reasons that led to the block have been clarified and, if necessary, eliminated. Leads generated during the period of the block do not result in an obligation to pay.
§10 Final provisions
(1) Should the contract contain invalid provisions, the validity of the rest of the contract shall remain unaffected.
(2) We reserve the right to adapt these GTC at any time. Any changes will be communicated to the Partner by e-mail. If the Partner does not agree with the changes, it shall be entitled to notify us of this within four weeks of receipt of the notification of change. In this case we have a special right of termination. If such notification is not made within this period, the changes shall be deemed to have been accepted and shall enter into force upon expiry of the period.
(3) The present contract shall be governed exclusively by German law.
(4) If the Partner is a merchant, a legal entity under public law or a special fund under public law, Munich is agreed as the place of jurisdiction for all disputes arising from or in connection with contracts between us and the Partner.