§ 1 Scope of application

(1) These Partner Terms and Conditions apply to all business relationships of Raidboxes GmbH with the Partner in connection with Raidboxes Partner Program for agencies and freelancers.

(2) Raidboxes does not conclude any partner contracts with consumers as defined by § 13 BGB. By registering on Partner Program, the subscriber declares that he/she is not a consumer.

(3) If the Partner is a merchant, a legal entity under public law or a special fund under public law, these Partner Terms and Conditions shall also apply to future business relationships with the Partner without Raidboxes having to refer to them again in each individual case. The same applies if the partner is an entrepreneur as defined by § 14 BGB (German Civil Code).

(4) These Partner Terms and Conditions shall apply exclusively. Deviating, conflicting or supplementary terms and conditions of the partner shall only become part of the contract if and to the extent that Raidboxes has expressly consented to their validity. This consent requirement applies in any case, for example, even if Raidboxes performs the services without reservation in the knowledge of the conditions.

§ 2 Partner Program; Partner Level

(1) The subject of the contract is the participation in Partner Program, which is intended to increase the sales of our products via our website. Participation in the Partner Program is free of charge for the Partner. 

(2) Raidboxes offers the partner extended functions, attractive discounts for own hosting contracts and one-time commissions for successfully referred new customers.

(3) The amount of the discounts as well as the amount of the commission depend on the classification of the Partner into a Partner level and a commission level by Raidboxes.
Information on the Partner and commission levels as well as on the corresponding discounts and the commission can be found here.

(4) The Partner’s classification is not automatic, but is determined by Raidboxes at the Partner’s request. Raidboxes takes into account, among other things, the requirements of the individual levels that can be viewed here, but is free to make its own decision. The Partner has no right to be assigned to a certain level.

(5) Changes in the Partner or commission level and associated changes in the conditions apply exclusively with effect for the future. Contractual relationships that have already been concluded or brokered are not affected.

§ 3 Conclusion of contract, contract text, input errors and contract language

(1) The conclusion of the contract requires that the Partner has a Raidboxes account and that the function has previously been activated by Raidboxes in Dashboard. The contract is concluded when the Partner logs in with his account, calls up the function “Partner Program” and clicks on the button “Become a Partner now”. The conclusion of the contract is confirmed immediately afterwards by Raidboxes per email.

(2) The text of the contract is stored by Raidboxes after the conclusion of the contract and is no longer accessible to the Partner.

(3) The Partner can check his data at any time before clicking the “Become a Partner now” button and identify input errors. If necessary, the functions available in his browser can be used to enlarge the display of the data. The Partner can correct his data with the help of the correction aids provided in Dashboard and new entries using his mouse and keyboard. The Partner can cancel the conclusion of the contract at any time before clicking the “Become a Partner now” button by closing the browser.

(4) The language available for the conclusion of the contract is German.

§ 4 Duties of the partner

(1) The Partner uses the advertising material provided by Raidboxes to draw attention to the offers of Raidboxes. The Partner is free to decide whether, where and how often it refers to Raidboxes.

(2) Insofar as the Partner draws attention to the offers of Raidboxes, it is obligated not to violate applicable law (in particular youth protection regulations) or infringe the rights of third parties (e.g. copyrights, trademark and other industrial property rights, data protection rights, personal rights, right to one’s own image). In particular, content that is racist, pornographic, obscene, glorifies violence or is offensive is prohibited.

(3) Any abuse of the Partner Program is prohibited. The generation of leads or sales via unfair methods, improper means and/or the circumvention of technical protection measures is prohibited. The Partner undertakes not to fake leads or sales that have not taken place. In particular, practices that disguise the tracking of the user or display advertising media in a way that is not perceptible to the user are prohibited.

§ 5 Advertising Media

(1) Raidboxes grants the Partner a simple, spatially unrestricted, non-transferable right of use to the advertising materials provided, which is limited to the term of the contract. The right of use does not include the right to grant further rights of use (sublicensing). The Partner shall not be entitled to edit or redesign the advertising materials provided, either itself or through third parties.

(2) Raidboxes reserves the right to prohibit the Partner from using the advertising material provided if this is likely to endanger the justified intellectual or personal interests of Raidboxes. Such a case exists in particular if the advertising material provided is used in connection with illegal content.

(3) Raidboxes reserves the right to change the advertising material provided during the term of the contract. In this case Raidboxes will inform the Partner in due time.

§ 6 Remuneration and billing

(1) The Partner shall receive a performance-based remuneration as pay-per-sale (commission).

(2) The amount of the remuneration depends on the commission level of the Partner and is calculated on the monthly price (net) of the first billed Box hosting sbuscription plan paid by the end customer. Further plans of the same end customer are not taken into account.

(3) The Partner’s claim to the remuneration arises as soon as all of the following conditions are met:
– The Partner’s advertising activity has resulted in a Box contract between an end customer and Raidboxes;
– The conclusion of the contract has been logged (“tracked”) by Raidboxes and assigned to the Partner;
– The end customer’s payment has been received in full by Raidboxes;
– The end customer’s contract must exist for a specified period of time (minimum customer retention). The duration of the minimum customer commitment depends on the commission level and can be viewed here.
– The end customer is a new customer. Contract conclusions of the partner himself, his relatives or employees as well as an employee of Raidboxes GmbH are excluded.

(4) Raidboxes settles the remuneration due to the Partner on the 15th of each calendar month for the preceding calendar month. The Partner receives an email with information about when the end customer ordered a Box plan with which conditions and whether the minimum customer retention has been reached. Raidboxes informs the Partner – if all requirements are met – about the remuneration to which he is entitled.

(5) The Partner must notify any objections within 6 weeks of the invoice being sent. Otherwise, the statement shall be deemed to have been approved. Raidboxes shall expressly draw the Partner’s attention to this legal consequence at the beginning of the period.

(6) The payment of the remuneration plus statutory VAT shall be made within 7 days after preparation of the statement. The payment shall be made to the bank details stored by the Partner in the Partner area of the dashboard and assumes that these have been correctly stored by the Partner beforehand.

§ 7 Term and Termination; Inactivity of the Partner

(1) The contract runs for an indefinite period and can be terminated by the Partner at any time without observing a period of notice by means of a corresponding declaration of termination. Raidboxes can terminate the contract at any time with a notice period of one month.

(2) The right to extraordinary termination for good cause shall remain unaffected.

(3) Upon termination of the contractual relationship, the Partner shall lose the right to use advertising materials from Raidboxes. These are to be removed immediately.

(4) The remuneration for contracts brokered within the term of the contract shall remain unaffected by the termination of the contractual relationship with the Partner. However, contracts with end customers brokered after termination shall not be taken into account.

(5) Raidboxes is entitled to terminate the partner contract and to deactivate the partner function if the partner’s account has been inactive for at least 12 months. An account is considered inactive if no contracts were active, no new customers were referred and no active dev Boxes was used during this period. Users who have been deactivated due to inactivity are free to re-enter Partner Program at any time after consulting Raidboxes.

§ 8 Liability

(1) Raidboxes shall be liable without limitation:
– in case of malice, intent or gross negligence;
– within the scope of an expressly assumed guarantee;
– for damages resulting from injury to life, body or health;
– for the breach of an essential contractual obligation, the fulfillment of which makes the proper execution of this contract possible in the first place and on the observance of which the partner regularly relies and may rely (“cardinal obligation”), but limited to the damage reasonably to be expected at the time of the conclusion of the contract;
– according to the provisions of the Product Liability Act.

(2) Any further liability for Raidboxes is excluded. 

(3) The above liability rules shall apply mutatis mutandis to the conduct of and claims against employees, legal representatives and vicarious agents of Raidboxes.

§ 9 Exemption

The Partner indemnifies Raidboxes from all claims of third parties, which are raised against Raidboxes in connection with an infringement of rights caused by the partner in connection with this Partner Program upon first request. The indemnification also includes the reimbursement of the costs that arise or have arisen from the necessary and appropriate legal defense.

§ 10 Reservation of Right of Modification

Raidboxes is entitled to modify and adapt these Partner Program Terms and Conditions of Participation during the term of the contract, provided that there is a technical, legal and/or economic necessity to do so. Raidboxes will send the modified terms and conditions to the Partner in text form and draw particular attention to the new provisions. At the same time, Raidboxes will grant the Partner a reasonable period of time to declare whether it accepts the amended conditions of participation for the Partner Program. If no declaration is made within this period, the amended conditions shall be deemed to have been agreed. Raidboxes shall expressly draw the partner’s attention to this legal consequence at the start of the period.

§ 11 Final Provisions

(1) The law of the Federal Republic of Germany shall apply.

(2) Insofar as the Partner is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction shall be the registered office of Raidboxes.

(3) Should individual provisions of this contract be invalid or unenforceable, the validity of the remaining provisions shall remain unaffected. The parties shall replace such provisions by effective and feasible provisions which correspond as closely as possible to the meaning and economic purpose as well as the intention of the parties at the time of the conclusion of the contract. The same shall apply in the event of a gap in the contract.