Terms and Conditions for Affiliate Program Participation
1. Scope and Contracting Parties
(1) These terms govern participation in the affiliate program (“Program”) for the online shop of DRBO Greenenergy under the domain www.drbo-greenenergy.de (hereinafter “we”, “us” or “DRBO Greenenergy”) via the affiliate network AWIN.
(2) The contracting party is the respective affiliate approved by AWIN (hereinafter “Affiliate” or “Publisher”). In addition to these terms, the applicable terms and conditions of AWIN apply between the Affiliate and AWIN. Between the Affiliate and us, only these participation terms in their current version apply.
2. Participation Requirements
(1) Participation in the Program requires successful registration and approval via AWIN. There is no entitlement to be accepted into the Program. We may reject applications without stating reasons.
(2) The Affiliate is obliged to provide all information required for registration truthfully, completely and accurately and to update any changes without undue delay.
(3) The Affiliate must comply with all AWIN requirements, guidelines and quality standards. In case of violations, we reserve the right to exclude the Affiliate from the Program.
3. Advertising Material and Permitted Advertising Activities
(1) We provide the Affiliate with various advertising materials via AWIN (e.g. text links, banners, product data, voucher codes). The Affiliate may only use the advertising materials provided and approved by us and may not modify them unless we have given express written consent.
(2) In particular, the following are not permitted:
• the use of misleading or unlawful advertising statements,
• the use of DRBO Greenenergy trademarks, trade names or other company identifiers in domains, subdomains or social media accounts without prior written consent,
• advertising on websites with unlawful, discriminatory, violence-glorifying, harmful to minors or immoral content.
(3) We do not bear any costs for listings, mentions or any other placements on third‑party portals, nor for paid advertising activities commissioned by the Affiliate, unless explicitly and in writing agreed with us in advance.
(4) We reserve the right to prohibit individual advertising activities for reasonable grounds, in particular if such activities violate legal requirements, third-party rights, our brand protection guidelines, placements or appearances at any time, in particular if they are not desired or approved by us or if they violate these terms or legal requirements. Upon our request, the Affiliate must immediately discontinue such activities.
4. Remuneration and Commission Model
(1) The Affiliate receives a commission of 3% of the net shopping cart value (excluding shipping costs, fees, taxes, discounts) for qualified orders generated via its valid affiliate links, recorded by AWIN and confirmed by us, unless otherwise individually agreed.
(2) A deviating, higher commission may be agreed in individual cases. Such agreements must be made in text form (e.g. by email).
(3) The commission is only due for valid, non‑cancelled, non‑returned and fully paid orders that are generated within the scope of the Program and in accordance with these terms.
(4) Returns, cancellations, fraudulent attempts, incorrect orders and orders that violate our general terms and conditions or legal provisions may be excluded from remuneration or retroactively cancelled.
5. Tracking, Cookie Duration and Attribution
(1) The recording of transactions and the attribution to Affiliates is carried out via AWIN’s tracking system. In principle, the data recorded by AWIN shall serve as the basis for determining commission claims. The Affiliate may provide evidence of deviations in justified cases.
(2) The cookie duration is based on the setting specified in the AWIN program profile. We reserve the right to change the cookie duration; any changes will be communicated in the AWIN interface.
(3) If several Affiliates are involved in a sales process, the attribution rules provided by AWIN (e.g. “last cookie wins”) apply, unless otherwise defined in the program profile.
6. Limitations and Exclusions of Orders
(1) We reserve the right to exclude certain product groups or individual products from commission payments or to apply different conditions. This applies in particular to:
• special offers and promotions,
• refurbished products, B‑goods and/or used products,
• orders with local pickup, unless explicitly agreed otherwise.
Such exclusions and different conditions will be publicly displayed in the AWIN program profile.
(2) The relevant limitations and exclusions are specified in the AWIN program profile or in individual agreements with the Affiliate.
(3) The Affiliate’s own orders or orders by persons closely related to the Affiliate (e.g. spouses, registered partners, household members or controlled entities of the Affiliate) may be excluded from commission, especially where misuse of conditions is suspected.
7. Prohibited Advertising Practices
(1) The Affiliate undertakes not to conduct any advertising activities that violate applicable laws, third‑party rights (e.g. trademark, copyright, personality rights) or AWIN guidelines.
(2) Unless explicitly approved, the following are particularly prohibited:
• brand bidding or any other use of our brand terms and domains in paid search ads (e.g. Google Ads, Bing Ads),
• email marketing without valid, legally compliant consent of recipients (spam),
• cookie dropping, forced clicks, ad hijacking, typosquatting and similar fraudulent practices.
(3) In the event of violations, we are entitled to:
• withhold or cancel commissions,
• immediately remove the Affiliate from the Program,
• take legal action.
8. Settlement and Payment
(1) The settlement of commissions and the payments are processed via AWIN in accordance with AWIN’s respective settlement and payment terms, and the payment cycle shall be consistent with the standard settlement cycle of the AWIN platform.
(2) No separate commission claim exists directly against us outside the AWIN settlement system.
(3) With payment by AWIN, our commission obligations towards the Affiliate are deemed fulfilled.
9. Data Protection and GDPR
(1) Both parties comply with the applicable data protection regulations, in particular the General Data Protection Regulation (GDPR) and the German Federal Data Protection Act (BDSG).
(2) The Affiliate ensures that its websites contain a legally compliant privacy policy, which in particular includes information on the use of AWIN tracking technologies and any other tracking or analytics tools used.
(3) The Affiliate may use personal data that becomes known in connection with the Program solely for the purpose of performing the contract and may not disclose it to third parties without an appropriate legal basis.
(4) Further information on our data processing is available in the privacy policy on www.drbo-greenenergy.de.
10. Term and Termination
(1) The agreement on participation in the Program is concluded for an indefinite period.
(2) Both parties may terminate participation in the Program at any time without stating reasons with effect for the future, in particular by making the corresponding settings in the AWIN system.
(3) The right to immediate termination for cause remains unaffected. Good cause for us exists in particular in the event of:
• violation by the Affiliate of these terms,
• violation of legal provisions or third‑party rights,
• misuse of the Program or fraudulent activities.
(4) Upon termination of the Program, the Affiliate must remove all advertising materials from its websites and other advertising spaces without undue delay.
11. Liability
(1) We are liable without limitation in cases of intent and gross negligence as well as in accordance with mandatory statutory provisions (e.g. under the Product Liability Act).
(2) In cases of simple negligence, we are only liable for damages resulting from injury to life, body or health, and for damages resulting from the breach of an essential contractual obligation (cardinal obligation). In such cases, our liability is limited to the typically foreseeable damage.
(3) Any further liability is excluded. The limitations of liability also apply in favor of our legal representatives and vicarious agents.
12. Changes to the Participation Terms
(1) We reserve the right to change these participation terms at any time. We may amend these terms where this is necessary due to changes in legal requirements, technical developments, or adjustments of the Program. We will inform the Affiliate of material changes in an appropriate form (e.g. via the AWIN system or by email).
(2) If the Affiliate does not object to the amended terms in writing within 14 days or continues to use the Program after the changes take effect, the changes are deemed accepted.
(3) In the event of an objection, we may terminate the agreement with the Affiliate extraordinarily.
13. Applicable Law and Place of Jurisdiction
(1) The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).
(2) If the Affiliate is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from or in connection with this agreement is our registered office.
14. Final Provisions
(1) Should individual provisions of these participation terms be or become invalid in whole or in part, the validity of the remaining provisions shall not be affected. In place of the invalid provision, the statutory provision shall apply.
(2) Side agreements, supplements or amendments require text form, unless a stricter form is required by law.dd terms and conditions content
