Program terms FRS Portugal, Unipessoal LDA
Program Terms
Upon the establishment of the Affiliate Agreement, the publisher agrees to the program terms listed below. If you have questions about these terms, please contact marketing.corporate@frs.de or a responsible contact person at FRS Portugal.
Application/Registration Phase:
Affiliate agreements with FRS Portugal can be established in two different ways. On one hand, publishers can initiate contact with FRS Portugal by applying through the AWIN network. FRS Portugal will then review the application and contact the respective publisher. FRS Portugal reserves the right to reject applications if the content of the publisher does not align with the goals and values of FRS Portugal.
Alternatively, FRS Portugal may also contact publishers and send a request for collaboration, which publishers can either accept or reject.
After successful contact, FRS Portugal will discuss the details of the respective affiliate program with the publisher. This includes amongst other topics the duration, type of advertising, commission amount, etc.
After the conclusion of the affiliate agreement, activation follows. Thereafter, specific advertising materials will be provided. Both the advertising materials and the links may only be used on the website specified during the application process. The URL must not deviate.
Contact:
All publishers must provide an email address where they can be reached and respond to calls/emails within 72 hours. It is also necessary for the publisher to have a complete legal notice, including the mandatory legal information. If a legal notice is not mandatory in the publisher’s country, FRS will provide the publisher with information on the minimum requirements necessary by affiliate agreement.
Promotions:
It is agreed that marketing activities must be submitted to the responsible account manager of FRS Portugal for approval before their publication on the publisher's website.
Brand:
The publisher will endeavor to maintain the allowed use of the company trademarks and the established prestige and goodwill as well as the reputation and image of FRS Portugal. The publisher must maintain high standards of the company trademarks in marketing and advertising.
Publishers are to exercise due care to use current images, advertising texts, and offers in their marketing. The website's content should be updated once a month.
Paid Search Campaigns:
No publisher is allowed to conduct a paid search campaign using the terms of the company trademarks and logos of FRS Portugal without written consent. Adwords bookings of company trademarks and logos of FRS Portugal are not permitted. Here is a list of protected keywords:
FRS or FRS Portugal
Variants with hyphens between the letters are also prohibited. Similarly, it is forbidden to omit or replace individual letters.
Advertisements:
No publisher is allowed to run a display campaign using the terms of the company trademarks and logos of FRS Portugal without written consent.
Social Media:
No publisher is allowed to run a social media campaign using the terms of the company trademarks and logos of FRS Portugal without written consent.
Voucher Codes, Sales, and Offers:
Publishers may only advertise for voucher codes, sales, and offers that have been communicated by an account manager of FRS Portugal.
Compliance:
If the company operates in a regulated industry, publishers agree to comply with the relevant regulations. They commit to exercising due care to ensure that their marketing complies with legal and contractual regulations. This includes, among other things, the prohibition of websites with illegal, violence-glorifying, political, or pornographic content.
Publishers are not authorized to make bookings for themselves. In addition, direct linking ("Direct Linking") is not permitted.
Rejection/Refusal:
If FRS Portugal believes that a violation of the terms is serious enough, publishers can retrospectively be denied commissions for transactions related to the violation. In this case, there is also the right to terminate the partnership. FRS Portugal will consider whether such a violation has occurred.
Validation and Payment of Commissions:
Commissions are paid only for genuine transactions. FRS Portugal will validate the transactions to determine if they are genuine.
General:
Notwithstanding the points mentioned above, FRS Portugal may make special arrangements with publishers at its own discretion.
Furthermore, FRS Portugal reserves the right to change, supplement, or terminate this affiliate program at any time without observing any deadlines and without prior notice. In the case of significant changes to the affiliate program, publishers have the right to terminate the agreement extraordinarily.
Liability:
FRS Portugal shall be liable without limitation for intent and gross negligence. For simple negligence, FRS Portugal is liable only in the case of injury to life, body, or health, or if essential contractual obligations (cardinal obligations) are violated. Liability shall be limited to the foreseeable damage typical for the contract. Liability for indirect and unforeseeable damages, loss of profit, missed savings, and financial losses due to third-party claims is excluded in the case of simple negligence - except in the case of injury to life, body, or health. Further liability is excluded, regardless of the legal nature of the claim. The above limitations or exclusions of liability shall not apply to any legally mandatory liability or liability under a non-negligent warranty. To the extent that liability is excluded or limited according to sentences 2 to 4, this shall also apply to the personal liability of employees, workers, representatives, organs, and vicarious agents of FRS Portugal.
Other Provisions:
Should a provision of the affiliate agreement be invalid, this shall not affect the validity of the remaining provisions. The parties are obliged to replace the invalid provision with a valid provision that the parties would have agreed upon had they been aware of the invalidity of the relevant provision. If an accidental gap needs to be filled, a regulation should be agreed upon that comes closest to what the parties would have agreed upon according to the spirit and purpose of the affiliate agreement if they had thought of the matter at the conclusion of the affiliate agreement. Amendments to the affiliate agreement require written form.
The affiliate agreement is governed by Portuguese law. The place of performance and exclusive jurisdiction, to the extent legally permissible, is Lisbon, Portugal.
