General Terms and Conditions (GTC) for affiliates
Terms and conditions (T&C) of affiliness for affiliates. Last updated September 2023.
1. General and conclusion of contract
These General Terms and Conditions for affiliates, hereinafter referred to as "GTC", apply to the participation in our affiliate program for brokering products against commission. A contract is concluded between Betronate digitale Medien, owner: Vitali Lutz, Eschersheimer Landstraße 42, 60322 Frankfurt am Main, Germany, hereinafter referred to as the "operator" of the affiliate program and at the same time as the "provider" of goods, and the marketing partner, hereinafter referred to as the "participant".
As a participant in an "affiliate program", the participant can undertake independent advertising measures for the provider in order to earn commissions through successful referrals of products, which are paid out once a month as a credit note. The subject of the contract is the affiliate program.
2. Sign up for the affiliate program
Registration to the affiliate program is free of charge and non-binding for the participant. The contract is concluded for an indefinite period and can be terminated by either party at any time. The provider shall have an extraordinary right of termination, in particular if the participant violates these GTC and must therefore be excluded from the affiliate program.
The participant must first register free of charge for the internal affiliate program of the operator. During registration, the participant will be asked for some data, which the participant must provide truthfully. Should the participant provide obviously false information during registration, his affiliate account will be deleted.
As soon as the registration is completed, the participant receives access to a protected area, hereinafter referred to as "affiliate account", in which he will find, among other things, advertising material and a affiliate link, which are provided with a unique identifier so that, in the event of sales, the commissions can be allocated to the correct participant.
3. Advertising media and advertising measures
In order to be able to advertise the provider's products, the participant receives prefabricated advertising materials that he can use in his advertising. If a participant is missing advertising material, he can request appropriate advertising material from the operator of the affiliate program. However, there is no obligation for the operator to provide the participant with exclusive advertising material.
If a participant wishes to create his own advertising material (articles, emails, banners, etc.), he must ensure that this advertising material contains truthful information and complies with the statutory provisions. When creating his own advertising material, the participant may not use any protected graphics/images for the use of which he does not have the necessary rights.
The participant is expressly permitted to post paid articles or "posts" on websites relevant to the topic in order to advertise the provider's products. The participant may also create video content in the form of reviews or testimonials and publish them on video platforms, but must clearly label them as advertising.
The participant assumes full responsibility for his actions in advertising the provider's products. The provider shall not be liable for any damage caused by the participant due to incorrect, unwanted or irresponsible advertising actions.
4. Prohibited activities
The following actions are inadmissible and in many cases lead to immediate exclusion from the affiliate program, whereby the operator reserves the right to withhold corresponding commissions in order to protect himself against customer claims if necessary.
- Self-orders – the participant may not order the products of the supplier via his own affiliate link in order to gain a price advantage.
- Impersonate the product provider – the participant must not impersonate the product provider. It must be clear from the advertising who the provider is and that the participant is not the provider or manufacturer of the product.
- Illegal advertising – the participant may not carry out any advertising activities that are either prohibited by law or may damage the reputation of the provider, such as email or website spam.
- Illegal advertising environment – the advertising media may not be placed in an advertising environment whose content violates German law or advertises illegal or questionable offers.
- False advertising promises – the participant may not advertise the products with false advertising promises that the product obviously cannot keep, e.g.: "Lose 10 pounds in one day".
- Exchange services – the participant must not be part of a network or platform where prospects or buyers are referred or where gifts or other rewards are offered for placing an order. An order must always be placed voluntarily and without coercion.
If the operator becomes aware of an illegal action by a participant, the corresponding affiliate account is deactivated without warning in many cases. If the participant then fails to provide convincing justification for his actions within 30 days, the affiliate account is deleted.
5. Contractual penalty
If a participant violates these GTC, he will be permanently blocked for the affiliate program. A new registration for the affiliate program is not possible. It is no longer possible for the participant to participate in the affiliate program again – any new registrations will be rejected and lead to the deletion of the corresponding affiliate account.
In the event of a serious breach of the GTCs, which has led, for example, to damage to the reputation or financial loss for the provider, the participant must pay a contractual penalty, the amount of which depends on the extent of the breach and is at least 1,000 dollars.
6. Participant remuneration
As soon as a participant uses the advertising material provided by the affiliate program operator and refers interested parties to the provider's product pages, where a purchase is made, the participant receives remuneration in the form of a commission, the amount of which depends on the order total. The amount of the remuneration can be viewed by the participant in his affiliate account on the details page of the affiliate program.
Commissions can be earned only for completed orders. If a prospect cancels the order or cancels the payment after placing the order, either no commission will be earned or an already earned commission will be canceled immediately.
7. Approval of commissions
All commissions are visible in the affiliate account and their status can be viewed and tracked by the participant at any time. Before an earned commission can be paid out, it must be manually approved by the operator for the following reasons:
- On the one hand, manual approval protects the provider from fraudulent buyers.
- On the other hand, the operator of the affiliate program ensures that the right of withdrawal has expired before an affiliate receives his commission for a buyer.
The approval of a commission takes place no later than 30 days after the order.
8. Cancellation of commissions
The operator has the right to cancel commissions in the following cases:
- A buyer purchases a product and the payment fails for some reason.
- A buyer makes use of his right of withdrawal. In this case, a full refund of the purchase price.
- A commission is earned by a fraudulent buyer where the seller legitimately cannot or will not fulfill the purchase contract.
- A participant has bought a product through his own link to get a price advantage.
When a commission is cancelled, the cancellation is displayed in the corresponding commission list, also indicating the reason for the cancellation. The participant has the right to request proof of cancellation from the operator. Such a request must be made in writing and by email within 6 months of the cancellation.
Once a month, all approved commissions of a participant are summarized in a credit note and paid out to the participant via PayPal or bank transfer. The payout usually takes place at the end of the month, at the latest by the 10th of the following month. The affiliate agrees to accept at least one valid payout method.
The payout is made either in EUR or USD, other currencies are not supported.
Provided that the participant is liable to VAT and provides corresponding information in his affiliate account, the credits will be paid out including VAT, otherwise the VAT is not included in the payment amount and will be paid to the tax office by the operator.
Both parties may terminate the contract at any time with immediate effect. The termination by the operator must always be justified. The participant may object to this unilateral termination within 30 days.
Should the participant insist on a termination of his affiliate account, a corresponding request must be expressed in writing by email or letter. Upon receipt of the termination, the affiliate account and all associated data of the participant will be irrevocably deleted as soon as all outstanding commissions have been paid out.