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Become a link partner!
§ 1 Subject matter of the contract
Subject of this contract is the participation in the partner program of shop4dogz , Dr. Ute Baumeister - hereinafter referred to as shop4dogz.
The partner program permits the linking of electronic means of shop4dogz-promotion, e.g. banners or product recommendations, on an online advertizing medium of the partner. The following conditions shall apply for the participation in the partner program.
§ 2 Means of promotion and online advertizing media
1) Means of promotion permit a link between the online advertizing media of the partner and the shop4dogz web page through a HTML hyperlink, through which visitors of the partner page may access shop4dogz.
2) The formats and the style guide of the means of promotion shall be defined by shop4dogz only. The partner shall be responsible for the integration into the online advertizing media.
3) Online advertizing media of the partner shall be either a web page or an e-mail.
4) Should the partner place the shop4dogz means of promotion in e-mails, he may only send them to individuals who gave their explicit approval to the receipt of such e-mails. The placement of the shop4dogz means of promotion in e-mails shall be distinguished from the editorial content and identified as "advertizing." Should the partner send mere advertizing e-mails without editorial content, they shall be identified as such in the subject line of the e-mail.
§ 3 Partner application for participation in the shop4dogz partner world
1) Partners shall apply by submitting a complete online application.
2) shop4dogz shall reserve the right to reject applications when the contents of the partner advertizing media do not correspond with the shop4dogz-target tracking.
3) The contract shall come into effect as soon as shop4dogz has approved the application of the partner and informed him thereof vial e-mail.
4) The applicant assures to be at least 18 years of age and of full sui iuris, and to have a bank account in Germany. 5) Should the partner operate several web pages (domains) and wish to participate with these pages, the partner shall be obligated to request approval of additional domains from shop4dogz with an informal e-mail. Another application shall not be required.
§ 4 Responsibilities of the partner
1) The partner shall be responsible for the operation and maintenance of his web page as well as all contents and actuality. The partner shall guarantee not to provide any contents that are immoral and in breach of applicable law. Considered as such are the display of violence, in particular, of sexually insinuating graphics as well as discriminating, offensive or defamatory statements regarding race, gender, religion, nationality, disability, sexual orientation, or age.
2) The partner shall assure that the content of his web page does not infringe any third-party rights. This shall especially apply for patent rights, copyrights, trademark rights, and other industrial property rights.
3) The partner shall be responsible for the proper integration of the shop4dogz means of promotion. In order to ensure smooth account settlement, the HTML source text provided by shop4dogz must not be altered by the partner.
4) Should any third-party claims arise from the partner's web page operation, the partner shall be liable to exempt shop4dogz from any claims as well as from their defense expenses. In addition, the partner shall be liable to support shop4dogz in defending against such claims by providing statements and information.
5) It shall be prohibited for the partner to create a web page that may cause confusion with the web page of shop4dogz. The partner may only use the means of promotion on his web page that he was provided with through the partner network.
6) The partner shall be responsible for the actuality of the promotion means and shall commit to immediately remove means of promotion from his web page when prompted to do so by shop4dogz.
7) Violations of these responsibilities shall lead to immediate exclusion from the partner program.
§ 5 Services rendered by shop4dogz
1) The partner may dial in to the partner area through the shop4dogz web page. The partner shall choose the appropriate user credentials during the application process. In case of loss of the user credentials, the partner may request them from shop4dogz via e-mail. In the partner area, the partner can find all partner data maintained therein.
2) In this area, the partners shall receive the partner-individual HTML source text for the promotion means, which they shall integrate into their advertizing media. The HTML source text contains a unique partner ID, through which shop4dogz's partner's services may be identified for settlement purposes.
3) Shop4dogz shall record the services performed through the promotion means and bear all commissions generated. Format, scope and frequency may be modified by shop4dogz at any time.
4) Shop4dogz shall be responsible for the entire processing of the conveyed order and shall reserve the right to decline orders that do not comply with shop4dogz-guidelines (e.g. credit assessment).
5) Legal relations are entered by the customer conveyed by the partner and shop4dogz. For this, the general terms and conditions of shop4dogz shall apply exclusively.
§ 6 Commission
1) The partner shall be eligible for commission when a successful business transaction has been conveyed. A successful business transaction has occurred when an online customer orders merchandise from shop4dogz, which is delivered within Germany and paid for in full by the customer, and is not returned (Net Sales).
2) Shipping and Handling paid by the customer is not part of the net sales, neither are the identified value added tax nor any optional service fees such as surcharges for 24-hr delivery, warranty extension, etc. Net sales do not include orders for personal use, nor conveyed sales in integrated shops of partner companies, nor any sales generated through staff accounts.
3) All net sales shall be considered which were generated by a customer of the partner's web page being routed through shop4dogz means of promotion and who directly purchased products through the shop4dogz cart, as well as all sales generated by this customer within 30 days of his first visit to shop4dogz - provided that the partner's browser settings accept cookies so that he may be identified by shop4dogz.
4) The partner shall receive a commission that is scaled as follows, according to the monthly net sales conveyed: Net Sales [€ per month] Commission [%] up to 5.000, - 5,0%.
Higher Sales upon written agreement.
5) The reimbursement of promotion expenses shall take place no sooner than 30 days (time period for returning goods) upon delivery. Should a conveyed item not be paid for by the customer within the statutory deadline for returning goods, shop4dogz shall deduct the appropriate reimbursement of promotion expenses from the next settlement. In case no more sales are conveyed and in case the partner owes shop4dogz promotion expenses reimbursed excessively upon completion of the contract, shop4dogz shall bill the partner accordingly.
6) As soon as the minimum payment amount of 50 € has been exceeded, payment shall be made via electronic transfer to the bank account indicated by the partner or to his PayPal account. Until that amount has been exceeded, shop4dogz shall reserve the right to retain promotion expense reimbursements. Commissions not paid out shall not bear interest. Retained commissions shall be retained upon completion of the contractual relationship.
7) Should a partner be liable to tax on sales as per German law, the partner shall be obligated to provide shop4dogz with his sales tax number during the application process. Payment of the promotional expenses reimbursement shall be subject to sales tax. The partner alone shall be responsible for properly paying taxes on the earnings as well as paying social security contributions. Shop4dogz shall file claims against the partner in case of possible supplementary claims from a public agency arising due to false information given by the partner.
§ 7 Licenses
1) Shop4dogz partner shall receive a non-exclusive, non-transferrable and revocable right to utilize the means of promotion mentioned in §2, however, merely within the scope of this partner contract and the agreements stipulated therein. The licensed material must not be altered by the partner in any way.
2) Shop4dogz shall reserve the right to revoke the license granted at any time via a written e-mail notification without giving reasons. Licensing agreements shall end upon cancellation of this contract.
§ 8 Independence of the contractual partners
Shop4dogz and the partner shall be independent parties and operate their web pages independent from each other. This contract shall not constitute a corporate enterprise or association, nor an employment contract or an agency agreement. Neither the partner nor shop4dogz shall be entitled to act on behalf of the other partner and/or to make statements on his behalf.
§ 9 Duration of contract and cancellation
1) This contract is concluded for an indefinite period of time and may be terminated in written format by e-mail or letter by one of the contractual parties with a 7-day notice.
2) Upon termination of this agreement, the partner shall be responsible to remove all shop4dogz promotion means and links from his web page.
3) Only during the duration of the contract shall the partner be entitled to commission. Shop4dogz shall reserve the right to retain the last settlement for three months in order to properly balance any possible returns.
§ 10 Modifications to this agreement
1) Shop4dogz shall be entitled to modify this agreement at any time. The partners shall be informed thereof via e-mail.
2) The partner may object to this modification within 30 days. Should no objection be received by shop4dogz within that period of time, the modifications shall be considered accepted by the partner and become part of the contract.
3) However, the partner shall still be entitled to statutorily terminate the contract due to the modification.
§ 11 Liability
1) Shop4dogz shall not assume any warranty for the partner program, quality and availability of the promotional means and products offered, nor for non-interrupted availability of the shop4dogz web page.
2) Shop4dogz shall not be liable for the consequences of any such interruptions and technical failures towards the partner.
3) Shop4dogz shall be exempt from any liability for indirect or direct secondary damage and indemnity claims, for any loss of promotional expense reimbursements, earnings or documents and services arising in connection with this contract.
4) German law shall apply. Court of jurisdiction shall be Hamburg. Shop4dogz shall also be entitled to sue at the partner's court of jurisdiction.
5) Should individual parts of this agreement be or become partially or completely invalid, the remainder of the stipulations shall remain unaffected. This shall also apply in the case this contract contains a legal loophole.
§ 12 Confidentiality
1) Both parties assure that all information and data referring to this agreement shall be treated confidentially. It shall be prohibited to pass on such information directly or indirectly to third parties. The service providers instructed by shop4dogz to operate the partner program shall not be considered third parties.
2) This shall not apply if the information is known or may be obtained from generally accessible sources.
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