Scope
The following Terms and Conditions apply to all orders placed via our online shop. Our online shop is intended exclusively for consumers.
A consumer is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business, or professional activity.
An entrepreneur is a natural or legal person or a partnership with legal capacity who, when entering into a legal transaction, acts in the exercise of their trade, business, or professional activity.
Brand Usage Guidelines
Participating affiliate partners must ensure that the websites they use do not contain misleading advertising or violate applicable law.
Participating affiliate partners must also ensure that their websites include a valid and up-to-date legal notice (Impressum) at all times.
The content of all “ESN” texts and all websites operated by Fitmart GmbH & Co. KG is protected by copyright and trademark law.
The use of masked URLs is not permitted.
Advertising Materials
Only advertising materials provided via the affiliate network are permitted. These materials may not be altered and may be used exclusively in connection with the ESN.com affiliate program. Upon agreement with ESN.com, individual advertising materials may be created. Any modification of the corporate design and/or logo must be approved in advance.
Cookies may only be set if the user voluntarily and consciously clicks on an officially provided, clearly labeled, and visibly placed advertising medium. Hidden integration of advertising materials is not permitted. The use of landing pages and advertising media in iFrames, pop-ups, or layers that automatically set affiliate cookies and bypass the user's conscious click is also prohibited.
Websites using so-called "forced clicks" are not accepted. Redirects to landing pages are only permitted if they are preceded by a clearly visible, user-recognizable affiliate landing page. Continuous or automatic redirects to landing pages are not allowed.
SEO and SEM/SEA Restrictions
The use of so-called “black-hat SEO techniques” – also referred to as search engine spamming – is strictly prohibited. This includes any practices that manipulate search engine results to redirect users to websites that violate search engine spam guidelines. Prohibited techniques include, but are not limited to: keyword stuffing, hidden text or links, doorway or cloaking pages, link farms, and blog spam.
The use of the trademark “ESN” or any terms that are linguistically or visually similar in any form of search engine marketing (SEM/SEA) is also prohibited. This applies in particular to keywords that, through spelling, character similarity, or comparison, may cause confusion or mislead users. Keyword buying and brand bidding are not permitted.
Furthermore, affiliates are not allowed to engage in any form of search engine optimization (SEO) targeting the term “ESN” – including common misspellings or variations. This restriction includes the use of such terms in keyword and description tags, as well as all commonly used SEO-related meta tags. Participation in Google Shopping via third-party providers (e.g., CSS partners) is also excluded from the affiliate program.
Toolbars and Browser Logins
The integration of advertising source codes for the creation of browser plug-ins (e.g., hotbars, toolbars) as well as advertising via adware or spyware is strictly prohibited.
Cashback
Cashback is permitted. Affiliates may choose whether to pass on commissions to their users. However, the user's conscious and voluntary click on a valid affiliate link must not be bypassed. Cashback partners must ensure that only one booking per sale is recorded. Duplicate or repeated transactions will be cancelled.
Vouchers
The use of third-party vouchers is prohibited. This includes any vouchers not provided via AWIN – such as those published in print media or other advertising formats. Affiliates may only use vouchers explicitly provided by the network partner or esn.com. Expired vouchers (after the communicated redemption deadline) are no longer valid and must not be used or promoted.
Violation of Guidelines
If there is reason to believe that transactions were generated in violation of these guidelines, the corresponding commission may be withheld. In such cases, the burden of proof lies solely with the affiliate. We reserve the right to terminate the agreement at any time without notice or providing justification.
Changes to Terms and Conditions
We reserve the right to modify these terms at any time. If the affiliate does not accept the modifications, they may terminate their participation in the program. Continued participation after the changes take effect will be considered acceptance of the new terms.
