TERMS AND CONDITIONS FOR PARTICIPATION IN THE KAPTEN & SON PARTNER PROGRAM
The following terms and conditions govern participation in the partner program of Kapten & Son GmbH, hereinafter referred to as Kapten & Son.
The Kapten & Son partner program enables the placement of electronic advertising media, e.g., banners on an online advertising medium of an Internet partner. The following terms and conditions for participation in the Kapten & Son partner program apply in addition to the general terms and conditions of the affiliate network. In the event of deviating provisions in the terms and conditions of participation of the partner networks, the provisions in these terms and conditions of participation shall take precedence.
1. Restrictions, obligations, and liability of the affiliate partner
(1) Partners of the Kapten & Son affiliate program must have full legal capacity.
(2) Participation in the partner program only becomes effective upon confirmation of the applicant's application by Kapten & Son. Kapten & Son reserves the right to refuse cooperation without giving reasons.
(3) The partner indemnifies Kapten & Son against all claims that may be asserted against Kapten & Son by third parties due to a breach of any provisions, including those of the partner's website (in particular due to the infringement of trademarks, third-party rights or competition law). This indemnification also extends to the costs of Kapten & Son's legal defense.
(4) The Partner is not authorized to make legally binding statements on behalf of Awin or Kapten & Son to third parties or to give the impression that they are authorized to do so.
(5) Upon request, the Partner undertakes to disclose the nature of their sales activities to Kapten & Son. This includes, in particular, detailed documentation of how the orders assigned to the Partner came about and how the visits to Kapten & Son's online presence (traffic) were generated by the Partner.
(6) The Partner websites may not contain or describe content of the following nature, nor may they be used in connection with such content:
• Account names that contain the term Kapten & Son in any form in online services (e.g., Twitter, Google) that can be used for advertising purposes.
• Websites that design a page or pages within websites in such a way that there is a risk of confusion with the Kapten & Son website.
• Banner lists or websites with click prompts or click compulsion.
• Redirection to Kapten & Son landing pages is only permitted if a registered affiliate landing page visible to the user is displayed first. Automated and misleading redirections to Kapten & Son landing pages are not permitted;
• Pages that contain or install dialers, adware, and/or spyware on the Internet user's device are prohibited, as are paid link collections.
• Cookie dropping, iFrames, advertising in layers and pop-ups: Cookies may only be created if an official and clearly marked Kapten & Son advertising medium is used, the Kapten & Son advertising medium is visible to the user, and the creation of the cookie is preceded by a voluntary and conscious click by the user.
• Websites that are “under construction”;
• Websites that violate criminal law, in particular §§ 184 ff StGB (distribution of pornographic material), §§ 86 ff StGB (distribution of propaganda material from unconstitutional organizations), § 111 StGB (public incitement to commit crimes), § 126 StGB (threat of criminal offences), § 130 StGB (incitement of the people), § 130a (instigation to commit criminal offences) or § 131 StGB (depiction of violence) are prohibited;
• Likewise, content that violates public decency and applicable laws or the rights of third parties; comparative advertising, in particular aggressive comparative advertising that may cause problems with other advertisers, as well as aggressive competing claims that are not justified;
• Websites with above-average loading times or that are unavailable are also excluded, as are websites that link to pages containing pornographic or violent content despite expressly accepting our application filter regarding such content;
• Post-view tracking is not permitted without the prior consent of Kapten & Son.
(7) In the event of violations by registered partners, their commission claim shall lapse.
Kapten & Son also reserves the right to immediately exclude them from the Kapten & Son partner program and to take further legal action, including, if necessary, the assertion of claims for damages by Kapten & Son and, in individual cases, the initiation of criminal investigations.
2. Calculation of advertising revenue
Only the net revenue earned by Kapten & Son from sales of Kapten & Son products to customers who visited our website via one of the links on your website immediately prior to the purchase (last cookie wins) will be used to calculate the advertising remuneration. Such sales are taken into account for the calculation of your advertising remuneration, provided that the sale, delivery, and full payment of the goods have been completed, less returns, sales tax, and credit notes. Kapten & Son reserves the right to cancel orders that are placed using voucher codes that were not intended for publishers and therefore not to pay for them. Only one order per session will be remunerated. Self-orders are not remunerated and are therefore excluded from the order. Changes to the currently valid commission agreements will be communicated to the partner in writing via the networks in good time. The partner is obliged to carefully check the statements provided to them by the networks and to raise any objections in writing within one month. Otherwise, the statement shall be deemed approved unless the objection was raised within the one-month period. Claims for payment of commissions shall expire on both sides one year after the due date.
3. Advertising material conditions
Partners shall be given access to Kapten & Son's advertising material via the partner network. This access and the use of the advertising material are only valid for the duration of the affiliate partnership. All advertising material used within the framework of the affiliate partner program is protected by copyright. Use is only permitted within the framework of the partner program. Changes to texts or images or own advertising statements are not permitted. The partner is responsible for ensuring that the advertising material is up to date and undertakes to remove advertising material from their website immediately if requested to do so by Kapten & Son. The partner is not permitted to modify or expand the advertising material without the prior consent of Kapten & Son. Manipulation of the advertising material or its incorrect use will result in the partner being excluded from the partner program. The affiliate program operator reserves the right to pass on any legal claims arising from manipulated advertising material (e.g., incorrect sales prices) to the partner websites. Any use beyond the affiliate partner program, in particular commercial distribution or reproduction, is prohibited or requires the prior written consent of Kapten & Son. This also applies to inclusion in electronic databases and reproduction on CD-ROM, DVD, etc. In all other respects, the legal restrictions arising from copyright law, data protection law, and other applicable legal provisions apply. Notwithstanding existing injunctive relief and other claims, Kapten & Son is entitled to a contractual penalty for each violation of this kind in an amount to be determined at its reasonable discretion in each individual case.
4. Search engines & add-ons
Kapten & Son may not be advertised via PPC advertising, add-ons or comparable dynamic tools such as Google, Criteo, Native Ads, Facebook Ads, etc. In the event of a violation, the affiliate partner shall forfeit their claim to the respective commission. In addition, the partner shall be liable for any claims of the injured third party and shall indemnify Kapten & Son from any liability. In the event of a violation, Kapten & Son reserves the right to terminate the affiliate program without further warning.
5. Vouchers
Kapten & Son print vouchers from newspapers and magazines, Kapten & Son online vouchers from other online measures, or exclusive vouchers created for individual affiliates are excluded from use. They may not be published on the internet without written permission. Sales generated in connection with these voucher codes will be automatically canceled by Kapten & Son and will not be remunerated.
6. Requirements for advertising via email
If the partner uses email advertising, the following applies: The partner may not set up the sender address and content of their emails in such a way that the recipient is given the impression that the sender is Kapten & Son. Advertising the campaign by email to third-party email addresses without the prior consent of the recipient (spam) is not permitted and must be refrained from.
8. Auction platforms
Advertising Kapten & Son offers on auction platforms (e.g., eBay, Hood, etc.) is not permitted. In the event of violations, the partnership will be terminated with immediate effect and the affiliate partner will lose their claim to the respective commission. In addition, the partner shall be liable for any claims by injured third parties and shall indemnify Kapten & Son from any liability.
9. Term of contract and termination
The contractual relationship is concluded for an indefinite period and can be terminated by either party at any time (in the personal affiliate partner area). Upon termination of the contractual relationship, all Kapten & Son advertising material and links must be removed from the partner's website immediately (at the latest after 24 hours).
10. Confidentiality
The contracting parties are obliged to maintain confidentiality regarding the content of the agreement and the data, business and trade secrets of the other party and its affiliated companies. This obligation shall remain in force for a period of two years after the end of the agreement.
11. Severability clause, place of jurisdiction
If any provision of these terms and conditions of participation is invalid, the remaining provisions shall remain unaffected. The invalid provision shall be replaced by a provision that comes closest to the meaning and purpose of the invalid provision in a legally effective manner. The same applies to any loopholes.
The affiliate program operator reserves the right to change these terms and conditions of participation at any time without giving reasons.
If you have any questions about the Kapten & Son affiliate program, please do not hesitate to contact us.
With kind regards
Your Kapten & Son affiliate team
