- 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 contract is the participation in the 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 you.
- For the promotion and successful mediation of transactions (e.g. orders) you will receive a commission that depends on the selected contract of the end customer. Information about the commissions can be found here.
- The partner program does not establish any other contractual relationship between the parties beyond 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, through which visitors to your site who click on the respective advertising medium can access the internet presence of RAIDBOXES.
- The formats and the design of the advertising media are solely defined and provided by RAIDBOXES and may not be changed.
4. Registration/Conclusion of contract
- The use of our partner program is only possible after prior registration in our dashboard. You can then submit an offer to participate in the 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 a partner.
- The data entered during registration must be true. In the event that this information changes, you are obliged to correct the entries immediately. If incorrect information is provided during registration or if a correction is not made, you may be excluded from further use of our partner program.
- 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 stating reasons. In particular, we reserve the right to terminate partners who have already been activated at any time without observing a notice period.
- You will receive a performance-related commission from us.
- The claim for payment of the remuneration arises under the following conditions:
- a BOX contract of an end customer has come into effect due to your advertising activity
- the sale has been recorded ("tracked") by us
- the sale has been released and confirmed by us and
- there is no abuse in the sense of section 8 of these conditions of participation.
- A sale is defined as an order placed on our website by an end customer which has been fully executed and paid for by the end customer. Withdrawals - for whatever reason - are not considered a sale if the end customer has not paid or payments made by him/her are refunded. The end customer must continue to be an active customer with us for a fixed period of time, depending on the commission model (minimum customer retention). Orders placed by yourself, your relatives or employees of the RAIDBOXES GmbH are not subject to remuneration.
- The amount of remuneration depends on the hosting subscription selected by the end customer and your partner level. You can view the underlying table here.
- All stated commissions are net remuneration and are paid plus value added tax. You alone are responsible for the proper taxation of the income and the payment of social security contributions. For possible additional claims of a public authority, which result from false statements of the partner, RAIDBOXES reclaims will be made.
- 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 period of minimum customer retention, a payout will take place, but at the conditions of the contract concluded first.
- If the contract selected by the end customer is downgraded within the period of minimum customer retention, a payout will take place, but at the conditions of the downgraded contract.
- The entitlement to payment of a commission expires after one year.
- 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.
- Payment is made by bank transfer or PayPal payment with debt-discharging effect to the bank account or PayPal account stored in the customer account. Any fees (e.g. for bank accounts abroad, PayPal fees) are at your expense.
- The statement is drawn up on the 15th of each month and paid out immediately thereafter.
7. Our obligations
- We will provide you with a selection of advertising materials (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 in accordance with § 5 of these conditions of participation under the conditions specified therein.
8. Rights and duties of the 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 specified in this contract.
- You are responsible for the content and the ongoing operation of your partner website. It is prohibited during the term of this contract 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.
Prohibited are in particular the dissemination of content which contains:
- 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 conditions of participation, is prohibited.
In particular, it is prohibited to attempt, either oneself or through third parties, 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:
- Feigning leads or sales that did not actually take place, e.g. by the unauthorized provision of external data or the provision of incorrect or non-existent data when ordering goods on our website,
- Use of forms of advertising that allow tracking but do not display the ad medium, or do not display it perceptibly or in the specified form and/or size,
- Cookie Dropping: Cookies may not be set when visiting the website but only if the user of your partner website has previously clicked on the advertising medium voluntarily and consciously,
- 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 legal notice.
- Email advertising that contains advertising material or otherwise advertises for us may only be carried out if this has been approved by us beforehand and all addressees have given their express consent to advertising by email and a verification of the email address by a double opt-in procedure has been carried out and documented.
- Furthermore, all advertising material must be removed immediately if a request is made 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 forbidden to pass on commissions paid out by RAIDBOXES on to end customers in whole or in part.
9. Independence of the contracting parties
Participation in our partner program does not create 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.
- RAIDBOXES is liable without limitation in the event of intent, fraudulent intent and gross negligence as well as in the event of personal injury.
- RAIDBOXES shall be 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 damage and claims of third parties. Cardinal obligations within the meaning of this provision include, in addition to the main contractual obligations, also obligations whose fulfilment is essential for the proper execution of the contract.
- 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. Right to exemption / contractual penalty
- In the event of a claim due to alleged or actual infringement of rights and/or infringement of the rights of third parties through actions undertaken by the partner in connection with the partner program, RAIDBOXES as well as all employees shall be released from all claims of third parties. All costs incurred by us through such a claim by third parties are to be reimbursed by you. The reimbursable costs also include the costs of an appropriate legal defense.
- Should you violate an abuse regulation in accordance with section 8 of these participation obligations, you are obliged to pay a contractual penalty to be determined by us at our reasonable discretion and, in case of dispute, to be reviewed by a court. Further claims for damages remain unaffected by this regulation.
12. Data protection
- RAIDBOXES undertakes to observe and comply with the applicable data protection regulations of the GDPR
- RAIDBOXES will collect personal data exclusively within the scope of the purpose of the contract and justified economic interests.
13. Term of contract 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.