§ 1 Scope of application

These conditions of participation apply between the registered user and Raidboxes GmbH.

The conditions of participation are aimed at both entrepreneurs and consumers, provided that they are at least 18 years old and have full legal capacity, as defined by the German Civil Code. Please note that the income generated by the program must be declared for tax purposes and that you alone are responsible for this.

2. Subject matter of the contract

The subject of this agreement is the participation in the affiliate partner program, which is intended to increase the sale of our products via our website. The participation in the partner program is free of charge for you.

For the promotion and successful brokerage of transactions (e.g. orders), you receive a brokerage commission that depends on the selected contract of the end customer. Information on commissions can be found here.

The Partner Program does not establish any other contractual relationship between the Parties beyond the scope of this Agreement.

§ 3 Advertising media and online advertising media

An advertising medium enables a link between your online advertising medium and Raidboxes by means of a hyperlink, via which visitors to your site who click on the respective advertising medium are taken to the Raidboxes website.

The formats and the design of the advertising material are defined and provided solely by Raidboxes and may not be changed.

§ 4 Registration/Conclusion of Contract

The use of our affiliate network is only possible after prior registration in our Dashboard. You can then submit an offer to participate in our Partner Program by writing to us or calling us. By submitting your offer, we may assume that you have read and accepted these conditions of participation. A contract is only concluded when we declare acceptance of the offer by activating you as an affiliate.

The data entered during registration must be truthful. In the event that these details change, you are obliged to correct the entries immediately. If incorrect information is provided during registration or if a correction is omitted, you can be excluded from further use of our affiliate program.

There is no entitlement to participate in the partner program and to conclude a contract with us. We can reject individual partners at any time without giving reasons. In particular, we reserve the right to terminate already activated affiliate partners at any time without observing a period of notice.

5. Commission

You will receive a performance-related commission from us.

The claim for payment of the remuneration arises under the following conditions:

• Your advertising activity has resulted in a Box contract between an end customer and us,
• the sale has been recorded ("tracked") by us
• the sale has been released and confirmed by us and
• there is no abuse within the meaning of § 8 of these Conditions of Participation.

A sale shall be deemed to be an order placed in full on our website by an end customer which has also been paid for in full by the end customer. Reversals - for whatever reason - shall not be deemed to be a sale if the end customer has not paid or if payments made by the end customer are refunded. The end customer must continue to be an active customer of ours for a fixed period of time depending on the respective commission model (minimum customer retention). Orders placed by yourself, your relatives or employees of Raidboxes GmbH are not subject to remuneration.

The amount of remuneration depends on the contract tariff selected by the end customer and your affiliate partner level. You can view the underlying table here.

All commissions stated are net and are paid plus VAT. You alone are responsible for the proper taxation of the income as well as the payment of postsfor social security. For possible additional claims by a public authority resulting from false information provided by the partner, Raidboxes will claim for reimbursement.

Only the first contract concluded by the end customer is remunerated. If this contract does not meet the minimum customer retention requirement, the claim shall be forfeited.

• If the contract selected by the end customer is upgraded within the minimum customer retention period, a payout takes place, but at the conditions of the contract first concluded.
• If the contract selected by the end customer is downgraded within the minimum customer retention period, a payout takes place, but at the conditions of the downgraded contract.

The right to payment of a commission expires after one year.

§ 6 Settlement

Provided that you have successfully referred us, you are entitled to a payout claim within the scope of a reimbursement of advertising costs. The credit created in the process will be sent to you via e-mail as a PDF file to your stored email address. This statement must be checked immediately. If there are objections to a settlement, these must be made to us in writing within four weeks. After this period has expired, the statement of account shall be deemed correct.

Claims for remuneration shall become due for payment one month after the expiry of the minimum customer commitment at the latest.

The payment is made by bank transfer or PayPal payment with debt-discharging effect to the bank details stored in the customer account or your PayPal account. Any fees (e.g. for bank accounts abroad, PayPal fees) shall be borne by you.

The statement is drawn up on the 15th of each month and paid out immediately thereafter.

§ 7 Our duties

We provide you with a selection of advertising media (e.g. advertising banners, text links and images) at our discretion.

We will track in an appropriate manner the visitors who come to our website through the advertising material you have integrated on your website and assign them to your account.

We operate our website and the services offered on it, such as the provision of product data, at our own discretion within the framework of the technical possibilities available to us. In this context, we do not owe an error-free and/or uninterrupted availability of the website. The quality and correctness of the products and advertising material offered on our website are at our sole discretion.

Furthermore, we undertake to pay the remuneration pursuant to § 5 of these Conditions of Participation under the conditions set out therein.

§ 8 Rights and duties of the Affiliate Partner

You may only integrate the advertising material into your partner websites. It is expressly prohibited to make changes to the advertising material. The advertising material may only be used for the purposes stipulated in this contract.

You are solely responsible for the content and ongoing operation of your partner website. During the term of this contract, it is prohibited to place content that violates applicable law, morality or the rights of third parties and/or is likely to damage our reputation. We are entitled, but not obliged, to check the partner websites.

In particular, the distribution of content that includes

• Racism,
• Glorification of violence and extremism of any kind,
• Incitement and to criminal offences and/or infringements of the law, threats against life, limb or property,
• Agitation against persons or companies,
• personality-injurious statements, defamation, libel and slander by users and third parties as well as violations of the law of fairness,
• copyright infringing content or other violations of intellectual property rights; or
• constitute, concern or contain sexual harassment of users and third parties. Such content may not be integrated on your partner website itself, nor may it be linked from your partner website to corresponding content on other websites.

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 Terms and Conditions of Participation, is prohibited.

In particular, it is prohibited to attempt to generate leads and/or sales or to ensure that sales are allocated to the Partner by means of one or more of the following practices:

• Pretending to generate leads or sales that have not actually taken place, e.g. by providing unauthorised third-party data or false or non-existent data when ordering goods on our website,
• Use of forms of advertising that allow tracking but do not display the advertising medium, or do not display it perceptibly or in the specified shape and/or size,
  Cookie dropping: Cookies may not be set when the website is visited, but only if the user of your partner website has previously clicked on the advertising medium in a voluntary and deliberate manner,
• Other forms of affiliate frauds (especially cookie spamming, forced clicks, affiliate hopping) as well as the use of layers, add-ons, iFrames and postview technology to increase leads,
• Use of terms that are legally protected for us or third parties, in particular terms protected by trademark law, for example in search engines, for advertising or the advertising of the partner website without our express prior written consent. In particular, it is prohibited to publish websites on the internet that could lead to a risk of confusion with us or with products offered by us. In particular, you may not copy our website, landing pages or other appearances of us or take over graphics, texts or other contents from us. You must avoid the impression that your partner website is a project of ours or that its operator is economically linked to us in a way that goes beyond the partner program and this contract. Any use of materials or content from our website or our logos or trademarks by the partner requires our prior written approval.

It is obligatory to operate your partner website in accordance with applicable law and, in particular, to maintain a proper imprint.
E-mail advertising that contains advertising material or otherwise promotes us may only be sent 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.

Furthermore, all advertising material must be removed immediately if requested to do so by Raidboxes\.

It is obligatory 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 override the security mechanisms of the tracking system, the use of computer programs for the automatic readout of data, the application and/or distribution of viruses, worms, trojan horses, 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.

Furthermore, it is prohibited to pass on commissions paid out by Raidboxes in whole or in part to end customers.

§ 9 Independence of the contracting parties

Participation in our affiliate programme does not establish a joint company or community or an employment relationship or a commercial agency agreement. The websites of Raidboxes and the advertiser are operated independently of each other.

§ 10 Liability

Raidboxes shall be liable without limitation in the event of intent, fraudulent intent and gross negligence as well as in the event of personal injury.

Raidboxes is liable for damages in the event of a slightly negligent breach of an essential contractual obligation (cardinal obligation) limited to the amount of the foreseeable damage typical for the contract. In this case, Raidboxes is not liable for loss of profit, indirect damage, consequential harm caused by a defect and claims by third parties. Cardinal obligations within the meaning of this provision include, in addition to the main contractual obligations, obligations whose fulfilment makes the proper performance of the contract possible in the first place.

There is no further liability on our part.

The above limitation of liability also applies to the personal liability of our employees, representatives and institutions.

§ 11 Indemnification Claim/Contractual Penalty

In the event of a claim for alleged or actual infringement and/or violation of third party rights by actions taken by the partner in connection with the Partner Program , Raidboxes, as well as all employees, shall be exempt from all third party claims. All costs incurred by us as a result of such a claim by a third party are to be reimbursed by you. Reimbursable costs also include the costs of a reasonable legal defence.

Should you violate an abuse regulation according to § 8 of these participation obligations, you are obliged to pay a contractual penalty to be determined by us at our reasonable discretion and to be reviewed by a court in the event of a dispute. Further claims for damages remain unaffected by this provision.

§ 12 Data protection

Raidboxes undertakes to observe and comply with the applicable data protection regulations of GDPR

Raidboxes will collect personal data exclusively within the scope of the purpose of the contract and justified economic interests.

§ 13 Term and termination of the contract

The contract runs for an indefinite period of time and can be terminated by either party at any time without notice and without giving reasons.

In addition and beyond this, the right of the parties to terminate the contractual relationship by extraordinary termination for good cause remains unaffected.

The cancellation can be made by email. We can also declare the termination by restricting access to the customer account. The partner may also declare the termination by deleting the customer account. The contract is terminated upon receipt of the notice of termination.

After termination of the contract, all advertising material and other links and content from us must be removed from your partner website immediately. This also applies to websites or other advertising media in which the advertising material or links have been integrated without having been authorized to do so.

Leads and/or sales generated after the termination of the contract do not lead to a payment obligation.

§ 14 Final provisions

Should the contract contain ineffective regulations, the effectiveness of the rest of the contract remains unaffected.

We reserve the right to adapt these conditions of participation at any time. Any changes will be communicated to the Partner by email. If you do not agree with the changes, you are entitled to inform us of this within four weeks of receipt of the notification of change. We have a special right of termination in this case. If no such notification is made within that period, the amendments shall be deemed to have been accepted and shall enter into force on expiry of the period.

German law is exclusively applicable to the present contract.

If the partner is a merchant, a legal entity under public law or a special fund under public law, Münster is agreed as the place of jurisdiction for all disputes arising from or in connection with contracts between us and the partner.