1. General / scope
1.1. The following contractual conditions (GTC) regulate the integration and presentation of the Simbay inh. Julian Polatnyski, Twisselwisch 93, 22419 Hamburg (hereinafter: SIMBAY) under URL simbay.de operated online shops in the form of advertising banners, advertisements or other promotional contributions on the websites of advertising partners (hereinafter: AFFILIATES).
1.2. This is intended to increase sales of SIMBAY products via the online shop simbay.de. Participation in the AFFILIATE partner program is free for the AFFILIATE. The advertising must be on the AFFILIATE's website. These websites include the domains, newsletters and social networks (social media) of the AFFILIATE.
1.3. The AFFILIATE places the advertising material on its websites under its own responsibility. The AFFILIATE is free to decide whether and for how long to place the advertising material on the partner website. He is entitled to remove the advertising material at any time.
1.4. For the application and successful placement of orders, the AFFILIATE receives a commission, which depends on the scope and real value of the service. The details result from the description and the information texts of the respective campaign in the AFFILIATE partner program and section 6 of this contract.
2. Conclusion of the contract
2.1. The AFFILIATE can register as an affiliate in the online shop at https://simbay.de/de/anmeldung?back=my-account.
2.2. After the AFFILIATE has registered for the AFFILIATE partner program on the simbay.de website, SIMBAY will check the registration and confirm the activation to the AFFILIATE by email.
2.3. A contract between SIMBAY and the AFFILIATE for the placement of advertising material comes about through confirmation of the activation by SIMBAY.
2.4. SIMBAY does not recognize deviating general terms and conditions or regulations of the AFFILIATE, unless SIMBAY has expressly agreed to them in writing.
2.5. There is no entitlement to participate in the AFFILIATE partner program and to conclude a contract with SIMBAY.
2.6. In addition, the general terms and conditions of SIMBAY apply, which can be viewed at https://simbay.de/de/content/3-allgemeine-geschaeftsbedingungen. SIMBAY reserves the right to change the terms and conditions at https://simbay.de/de/content/3-allgemeine-geschaeftsbedingungen at any time without explicitly pointing this out.
2.7. The affiliate contract is concluded with SIMBAY Inh. Julian Polatnyski, Twisselwisch 93, 22419 Hamburg.
2.8. The contract language is German.
3. Registration for the AFFILIATE partner program / procedure of the advertising measure
3.1. The AFFILIATE must use the data requested when registering for the online shop on the website https://simbay.de/de/anmeldung?back=my-account and register. After registration, SIMBAY will create a customer account for the partner on the website https://simbay.de. Within this user account, AFFILIATE must separately request access to the AFFILIATE partner program in accordance with Section 2.1. After the AFFILIATE has been activated for participation in the AFFILIATE partner program by SIMBAY, the AFFILIATE can manage its advertising measures via this user account.
4. SIMBAY's obligations
4.1. SIMBAY provides AFFILIATE with a selection of advertising materials (e.g. advertising banners, text links, videos and images) (hereinafter: "advertising materials") for individual campaigns at its own discretion.
4.2. SIMBAY ensures in a suitable manner by means of web tracking of the visitors that the users reach the respective product page on the SIMBAY website via the AFFILIATE links integrated on its website (hereinafter: "AFFILIATE-LEADS"). SIMBAY also ensures that any orders that have been placed as a result of an AFFILIATE LEAD are assigned to the respective AFFILIATE (hereinafter "SALES").
4.3. SIMBAY does not owe any error-free and / or uninterrupted availability of the website. The quality and correctness of the products and advertising material offered on the SIMBAY website is at the sole discretion of SIMBAY. SIMBAY is liable in this context in accordance with the provisions in Section 9 of this contract.
5. Rights and duties of the AFFILIATE
5.1. The AFFILIATE is expressly prohibited from combining the links provided with other advertising media and / or making changes to the advertising media. The advertising material may only be used for the purposes provided for in this contract on the AFFILIATE websites, newsletters and in social media.
5.2. The AFFILIATE is responsible for the content and ongoing operation of the AFFILIATE website and will not place any content there during the term of this contract that violates applicable law (e.g. the EU Health Claims Regulation, Regulation EC No. 1924/2006 ), which offend morality or the rights of third parties and / or are likely to damage the reputation of SIMBAY. SIMBAY is entitled, but not obliged, to check the AFFILIATE websites. In particular, the AFFILIATE is prohibited from distributing content that
Glorification of violence and extremism of any kind,
Calls for and incitement to criminal offenses and / or violations of the law, threats to life, limb or property,
Agitation against persons or companies,
Personal offensive statements, defamation, defamation and defamation 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
sexual harassment of users and third parties
represent, concern or contain. Such content may not be integrated into the AFFILIATE website itself, nor may it be linked from the AFFILIATE website to corresponding content on other websites.
5.3. Any form of abuse, ie the generation of AFFILIATE-LEADS and / or SALES via unfair methods or inadmissible means that violate applicable law (e.g. the EU Health Claims Regulation, Regulation EC No. 1924/2006) and / or these Violating the general terms and conditions is prohibited. In particular, the AFFILIATE is prohibited from attempting, either itself or through third parties, to generate AFFILIATE LEADS and / or SALES by means of one or more of the following practices or to ensure that SALES are assigned to the AFFILIATE:
Faking AFFILIATE-LEADS or SALES that did not actually take place, e.g. by providing unauthorized third-party data or by providing incorrect or nonexistent data when ordering goods on the SIMBAY website,
Use of advertising forms that allow tracking, but do not display the advertising material, do not display it or do not display it in the specified form and / or size,
Cookie dropping: Cookies may not be set when you visit the website, but only if the user of the AFFILIATE website has previously voluntarily and consciously clicked on the advertising material,
other forms of affiliate fraud (in particular cookie spamming, forced clicks, affiliate hopping) as well as the use of layers, add-ons, iFrames and postview technology in order to increase AFFILIATE LEADS,
Use of terms that are legally protected for SIMBAY or third parties, in particular under trademark law, for example in search engines, when placing advertisements or promoting the AFFILIATE website without the express prior written consent of SIMBAY. In particular, AFFILIATE is prohibited from maintaining websites on the Internet that could lead to a risk of confusion with SIMBAY, the online shop Simbay.de or products offered by SIMBAY. In particular, the AFFILIATE may not copy SIMBAY's websites, landing pages or other SIMBAY sites, or take over graphics, texts or other content from SIMBAY. The AFFILIATE must avoid the impression that the AFFILIATE website is a SIMBAY project or that its operator is economically linked to SIMBAY in a way that goes beyond the AFFILIATE program and this contract. Any use by AFFILIATE of materials or content from the SIMBAY website as well as of SIMBAY's logos or brands requires prior written approval by SIMBAY.
5.4. The AFFILIATE undertakes to otherwise operate the AFFILIATE website in accordance with applicable law and, in particular, to maintain a proper legal notice and a proper data protection declaration.
5.5. E-mail advertising that contains SIMBAY advertising material or that advertises SIMBAY in any other way may only take place if all addressees have given express consent to the advertising by e-mail and the e-mail address has been verified by a double - The opt-in procedure was carried out and documented.
5.6. The AFFILIATE will waive any reference to SIMBAY and the SIMBAY products in the event of any advertising on the AFFILIATE website. In particular, AFFILIATE will not place any context-based advertisements (in particular Google AdWords or AdSense) that contain the name, company keywords or brands of SIMBAY or that are delivered based on the use of corresponding keywords. The same goes for the names of SIMBAY products.
5.7. The AFFILIATE undertakes to refrain from electronic attacks of any kind on the tracking system and / or the SIMBAY websites. Electronic attacks include, in particular, attempts to overcome, bypass or otherwise override the security mechanisms of the tracking system, the use of computer programs to automatically read out data, the use and / or distribution of viruses, worms, Trojans, brute force Force attacks, spam or the use of other links, programs or processes that could damage the tracking system, the AFFILIATE program or individual participants in the AFFILIATE program
6. Remuneration / Commission
6.1. The AFFILIATE is basically entitled to a commission for each customer referred to SIMBAY, which leads to a SALE (pay-per-sale), provided that there is no violation of this contract.
6.2. The entitlement to commission also extends to follow-up business that the customer concludes with SIMBAY at a later point in time, provided that the customer continues to place an order with SIMBAY using the affiliate code.
6.3. The AFFILIATE LEADS are assigned to the respective AFFILIATE using cookies with a validity period of 5 days. An assignment of SALES to the AFFILIATE is possible within this period, provided the customer does not manually delete the cookies or use blocking mechanisms against cookies or tracking systems.
6.4. The amount of the AFFILIATE's commission is calculated from the sales transactions of SIMBAY, which SIMBAY has earned through the AFFILIATE in accordance with all transactions of its customers in the respective accounting period.
6.5. The AFFILIATE's commission corresponds to 5% of the net amount of the total shopping cart value of a SALES. The shipping costs are not included in the calculation of the shopping cart value.
6.6. Compensation claims are due for payment as soon as the AFFILIATE has earned a commission amount of 50 euros. If the AFFILIATE does not reach this amount within 6 months, the amount generated by the end of this period will be due for payment at the end of the 6 months.
6.7. The payment to the AFFILIATE is made by SEPA transfer. For this purpose, the AFFILIATE must enter the IBAN and BIC of a bank account suitable for SEPA transfers to which the payment is to be made in his user account in the Simbay.de online shop. Please also send this to firstname.lastname@example.org.
7. Exempt Products
8.1. SIMBAY creates accounts for the AFFILIATE within the above-mentioned accounting periods. These contain at least the specified calculation factors and, if necessary, further information, insofar as this is necessary to clearly demonstrate the affiliate's claim to commission and its calculation.
8.2. The bills are usually sent to AFFILIATE within 2 weeks of the end of the billing period. Deviating from this, the billing may take place later if SIMBAY does not yet have the data required for billing. The AFFILIATE must be informed of this immediately.
8.3. The AFFILIATE will check the statement immediately. If the AFFILIATE has objections to an invoice, this must be asserted in writing to SIMBAY within four weeks. After this period has expired, the statement is deemed to be correct.
8.4. In addition to the accounts, SIMBAY will provide the AFFILIATE with an overview of the SALES mediated by the AFFILIATE as part of the user account on the simbay.de website.
9.1. The AFFILIATE's claims for damages or reimbursement of wasted expenses against SIMBAY are based outside of warranty law regardless of the legal nature of the claim according to these provisions.
9.2. SIMBAY's liability is excluded - for whatever legal reasons - unless the cause of the damage is based on intent and / or gross negligence on the part of SIMBAY, its employees, its representatives or its vicarious agents. As far as the liability of SIMBAY is excluded or limited, this also applies to the personal liability of employees, representatives or vicarious agents of SIMBAY. SIMBAY's liability under the Product Liability Act remains unaffected (Section 14 ProdHG).
9.3. SIMBAY is liable in accordance with the statutory provisions for damage resulting from injury to life, limb or health based on an intentional, grossly negligent or negligent breach of duty by SIMBAY or a legal representative or vicarious agent of SIMBAY.
9.4. If SIMBAY at least negligently violates an essential contractual obligation, i.e. an obligation, compliance with which is of particular importance for the achievement of the contractual purpose (essential contractual obligation or cardinal obligation), the liability for the typically occurring damage, i.e. for such damage with their occurrence in Typically expected within the framework of the contract. An essential contractual or cardinal obligation in the aforementioned sense is one, the fulfillment of which enables the proper execution of this contract in the first place and which SIMBAY regularly relies on and may trust to be observed.
10. Entitlement to Indemnification
The AFFILIATE releases SIMBAY and the employees or agents of SIMBAY from all claims of third parties resulting therefrom in the event of a claim due to alleged or actual infringement of rights and / or infringement of third party rights through actions taken by AFFILIATE in connection with the AFFILIATE program. In addition, AFFILIATE undertakes to reimburse all costs that SIMBAY incurs as a result of such claims by third parties. The reimbursable costs also include the costs of an adequate legal defense. This does not apply to third-party claims based on intentional or grossly negligent causes on the part of SIMBAY.
11. Rights of use
11.1. The advertising material and our other content from SIMBAY are protected by copyright and / or other industrial property rights. SIMBAY grants AFFILIATE a simple, non-transferable and non-exclusive right to use the advertising material for the duration and purpose of this contract.
11.2. Any change, duplication, distribution or public reproduction of the advertising material or a substantial part in terms of type and scope requires the prior written consent of SIMBAY, insofar as it goes beyond the scope of the above rights granted to AFFILIATE.
12.1. The AFFILIATE undertakes to keep secret all knowledge of SIMBAY's trade and business secrets or other confidential information obtained in the context of the contractual relationship for an unlimited period of time (even beyond the end of this contract), only to use it for the purposes of the contract and in particular not to use it To pass on to third parties or otherwise exploit. If information from SIMBAY is designated as confidential, the irrefutable presumption applies that it is a matter of trade or business secrets.
12.2. The content of this contract and the associated documents are to be treated confidentially by AFFILIATE (as a trade and business secret).
12.3. The AFFILIATE has to oblige its employees and other persons whom it uses to fulfill its contractual obligations to confidentiality in a manner corresponding to the above regulations.
13. Contract term and termination of the contract, extraordinary termination
13.1. The contract runs for an indefinite period and can be terminated by either party at any time without observing a period of notice and without giving reasons.
13.2. In addition and beyond this, the right of the parties to terminate the contractual relationship by extraordinary termination for good cause remains unaffected. There is an important reason for SIMBAY that entitles it to extraordinary termination, in particular in the following cases:
serious violation of the AFFILIATES against obligations of this contract
Violation of obligations of this contract and failure to remedy or cessation of the violation despite our request,
a case of abuse within the meaning of section 5 of this contract.
The statutory right to extraordinary termination remains unaffected.
13.3. AFFILIATE LEADS and / or SALES generated after termination of the contract do not lead to a remuneration obligation by SIMBAY.
14. Data storage and data protection
The data protection provisions of the data protection declaration on the website https://simbay.de/de/content/8-datenschutz apply exclusively.
15. Final provisions
15.1. The law of the Federal Republic of Germany applies to the exclusion of the UN sales law.
15.2. For consumers who do not conclude the contract for professional or commercial purposes, the above choice of law only applies insofar as the protection granted by mandatory provisions of the law of the state in which the consumer has his habitual residence is not withdrawn.
15.3. If the AFFILIATE is a merchant, legal entity under public law or special fund under public law, the exclusive place of jurisdiction for all disputes arising from this contract is SIMBAY's registered office in 22419 Hamburg.
15.4. The same applies if the AFFILIATE is an entrepreneur and does not have a general place of jurisdiction in Germany or if the place of residence or habitual abode is unknown at the time the action is brought. The authority of SIMBAY to also appeal to the court at another legal place of jurisdiction remains unaffected by this.