Conditions of participation of the Niche Beauty affiliate program
Subject of the contract
These conditions of participation regulate the cooperation between you as a sales partner (hereinafter referred to as "Affiliate" or "Partner") and Niche-Beauty.com GmbH (hereinafter referred to as "Niche Beauty") within the framework of the Awin Affiliate Network associated with the Niche Beauty Partner Program.
Natural persons must be at least 18 years old and have full legal capacity as participants in the partner program.
Advertising material
Only advertising materials that are made available via the partner network are permitted. Not permitted are iFrames, layers, pop-ups or pop-unders that load a Niche Beauty advertising material or the Niche Beauty internet store and set a cookie at the user without his participation (so-called cookie dropping, cookie spreading or comparable technologies).
The advertising material may only be integrated on the website whose domain (URL) you specified when registering for the Niche Beauty partner program.
The use of so-called adware, spyware or malware applications or comparable software tools is prohibited within the framework of the partner program. Orders generated by browser plug-ins, toolbars or other additional programs on the basis of an electronic notice will not be remunerated under the partner program.
Data feed
It is not permitted to use the Niche Beauty product data feed outside of your own website (on thirdparty platforms such as Google Shopping).
Vouchers
The affiliate may only use coupons or discount promotions that have been approved for the affiliate program of Niche Beauty. The combination of several coupons is not allowed. It is also prohibited to use outdated coupon campaigns.
Remuneration
If your advertising leads to an order at and a contract with Niche Beauty, you will receive compensation (commission) from Niche Beauty. Only orders that result from a regular and contractual marketing measure on your website will be remunerated. Niche Beauty reserves the right to reject orders, in particular orders for quantities that do not correspond to household quantities.
To ensure a fair distribution of commissions between the individual sales channels, the basket freeze procedure is used. The basket freeze applies 30 minutes after a product is added to the shopping cart.
App sales are not remunerated.
Niche Beauty pays a commission in the amount published by Niche Beauty at the time of registration for the Niche Beauty Affiliate Program (e.g. on www.niche-beauty.com). Niche Beauty may change the amount, calculation method and other elements of the commission at any time with 2 weeks' notice, this applies in particular with regard to special promotions in which Niche Beauty offers customers particularly favorable conditions. Changes will be communicated to you via the network or in text form.
Cashback
The use of browser plugins or extensions with the help of which users can claim cashback on Niche-Beauty.com is prohibited and will lead to the termination of the partnership. Sales generated in this way will not be reimbursed. Rebooking requests for sales older than three months will be rejected in principle.
SEM conditions
It is not allowed,
- - to use the brand Niche Beauty as well as the brands and products ordered in the store as search term in all spellings incl. spelling mistakes, abbreviations, changed capitalization and in combination with other terms.
- - Original Niche Beauty ads copy
- - Niche Beauty and the brands and products ordered in the store to use in the ad text - Niche Beauty as well as the brands and products ordered in the store in domains and subdomains of the display URL.
- - Directly or non-stop redirect to a Niche Beauty landing page.
Your website must not have as its primary content sweepstakes, games of chance or banner exchange offer. Your website and any advertising for your website must be free of illegal content, pornography and eroticism, depictions of violence (especially sexual violence, violence against people or animals), discriminatory depictions of people, insults, extremist, radical political or youth endangering content, trivialization or glorification of drugs or weapons and inappropriate language use (sexualized language, coarse language use, profanity, etc.). There must also be no links to other websites with such content. In addition, there must be no other content on your website, in advertising for your website or on websites referred to by hyperlink, which could damage the reputation of the Niche Beauty brand.
The following brands may not be advertised through the Partner Program:
• Anastasia Beverly Hills
• Byredo
• Diptyque
• Dyson
• Lano
• Pat McGrath Labs
Your website must meet all relevant legal requirements, in particular have an imprint within the meaning of Section 5 of the German Telemedia Act (TMG) and provide users with all information required under relevant data protection law. The links to our website must be recognizable as advertising to the users of your website. If the processing of personal data triggered by a click on a link requires the user's consent under data protection law, you must obtain this consent in a timely and legally effective manner.
Should a partner violate these conditions of participation, this will result in the immediate termination of the cooperation and the cancellation of all sales.
Privacy
Shared responsibility under data protection law
Insofar as the contractual relationship between Niche Beauty and the Affiliate leads to a joint responsibility within the meaning of Article 26 of the EU General Data Protection Regulation (GDPR), the following paragraphs specify which of these two parties fulfills which obligation under the GDPR.
The Affiliate shall take appropriate measures to protect data subjects in accordance with Article 12 (1) of the GDPR.
a) all information pursuant to Articles 13 and 14 GDPR and
b) all notifications pursuant to Articles 15 to 22 and Article 34 GDPR,
relating to the processing operations carried out by the Affiliate (i.e. either the Affiliate itself or a processor within the meaning of Article 28 of the GDPR for the Affiliate). This concerns in particular all processing operations in the Affiliate's electronic media, including the referral of potential customers to the Niche Beauty Online Shop and the associated use of tracking technologies (in particular cookies) to record the advertising remuneration to which the Affiliate is entitled.
Niche Beauty shall take appropriate measures to protect the data subjects in accordance with Article 12 (1) of the GDPR.
a) all information pursuant to Articles 13 and 14 GDPR and
b) all notifications pursuant to Articles 15 to 22 and Article 34 GDPR which relate to the processing operations carried out by Niche Beauty (i.e. either Niche Beauty itself or a processor within the meaning of Article 28 of the GDPR for Niche Beauty). This concerns in particular the recording of the advertising remuneration to which the Affiliate is entitled in the Niche Beauty online store and the billing of this advertising remuneration to the Affiliate.
Where a data subject asserts against a party the exercise of rights under the GDPR, the data subject shall
a) this party fulfills the asserted rights itself as far as it is possible and
b) it informs the other party so that the other party otherwise fulfills the rights asserted. Both parties shall inform the data subjects about the essential of this agreement in accordance with Article 26 (2) sentence 2 GDPR.
Miscellaneous
German law shall apply to this agreement. Hamburg is agreed as the exclusive place of jurisdiction. This shall not apply to dunning proceedings and other mandatory statutory places of jurisdiction which cannot be deviated from by agreement between the parties. We also reserve the right to sue at your general place of jurisdiction.
This agreement is not transferable without our consent in text form. Niche Beauty is entitled to transfer this agreement and all its rights and obligations hereunder to its affiliated companies within the meaning of §§ 15 et seq. AktG (German Stock Corporation Act). Niche Beauty will inform you immediately in text form about such a transfer.
Status: October 2024
