Drinklang DE

LANGWATER Affiliate Programme Terms & Conditions

These Programme Terms & Conditions (the "Programme Terms") govern your participation as a Publisher in the LANGWATER Affiliate Programme (the "Programme"), which promotes the LANGWATER brand of products sold via the website drinklang.com (the "Website") to customers located in the European Union (the "Territory"). The Programme is operated by LANG Beverages SA, a Swiss société anonyme registered at Baarerstrasse 125, 6300 Zug, Switzerland, Commercial Register CHE-219.211.675 (Zug), German VAT ID DE342131481, Swiss VAT CHE-219.211.675, represented by Managing Director Jan-Erik Lundberg ("LANG Beverages", "we", "us"), via the Awin network ("Awin"). By applying to or participating in the Programme you agree to be bound by these Programme Terms in addition to the Awin Publisher Service Agreement and the Awin Code of Conduct.

1. Definitions

• "LANGWATER" — the brand of products marketed and sold by LANG Beverages and promoted under the Programme.
• "Publisher" — any party approved by us to promote LANGWATER products via the Awin network.
• "Customer" — an end user who purchases LANGWATER products from the Website after clicking a tracked Publisher link.
• "Qualifying Sale" — a completed, paid, non-returned purchase that (i) is tracked by Awin within the Cookie Window, (ii) is approved by us during the Validation Period, and (iii) is shipped to a delivery address within the Territory.
• "Net Order Value" — the total order value excluding VAT, shipping, gift-wrapping, deposit fees (e.g. Pfand), and the value of any returned items.

2. Eligibility & approval

1. Publishers must be 18+ and operate a website, social channel, newsletter or other media that complies with Awin's Code of Conduct and these Programme Terms.
2. All Publisher applications are reviewed manually. We may approve or decline any application in our sole discretion, without giving reasons.
3. The Programme is open to: editorial / content sites, blogs, recipe and lifestyle sites, and social-media influencers.
4. The Programme is closed to: cashback and loyalty sites, voucher-only and coupon aggregator sites, sub-networks, downloadable toolbars, ad-ware/pop-up traffic, incentivised-traffic sites, and any site primarily targeted at minors.
5. We may, at our discretion, individually invite specific cashback or voucher publishers; in such cases bespoke commercial terms will apply and override the rates in clause 4.

3. Permitted promotional methods

1. The Programme is limited to the Territory (the European Union). Publishers must direct LANGWATER promotion at audiences located in the Territory; clicks and orders originating outside the Territory will not give rise to commission, even if otherwise tracked by Awin.
2. Publishers may promote LANGWATER only via creatives, text links and product data made available through the Awin platform, or via assets provided directly by us in writing.
3. Publishers must not modify our logos, claims or product images without prior written approval.
4. Publishers must clearly disclose the affiliate / advertising relationship in line with applicable law (e.g. § 5a UWG in Germany, ASA/CMA in the UK, FTC in the US), including using the labels "Werbung", "Anzeige", "Ad" or "#ad" where required.
5. Where Publishers promote any LANGWATER product that is age-restricted (e.g. alcoholic), the Publisher must:
   1. ensure that the audience and channel are not directed at persons under the legal drinking age in the relevant jurisdiction;
   2. comply with all applicable advertising codes for alcohol (e.g. German Werberat, UK CAP/BCAP, EU AVMSD).

4. Commission

Subject to validation under clause 5, LANG Beverages will pay Publisher commission on Qualifying Sales as follows:

Transaction type	Commission	Validation
Standard sale (new and returning customers)	8 % of Net Order Value	30 days
Sale using a non-exclusive third-party voucher	Reduced or declined at our discretion	30 days
Returned, cancelled, or fraudulent orders	0 %	Declined

Commission is calculated on Net Order Value. We may from time to time run additional incentives, bonuses, or tiered commissions; these will be communicated through the Awin platform and will form part of these Programme Terms while in effect.

5. Tracking, cookie window & attribution

1. All tracking is provided by Awin. The cookie window for last-click attribution is 30 days from the Customer's click on a tracked Publisher link.
2. Where multiple Publishers contribute to a sale, the last paid click wins, in line with Awin's standard attribution model, unless we operate a different model and notify Publishers via the Awin platform.
3. Voucher codes are tracked on a code-priority basis: where a Customer enters a voucher code at checkout that is exclusively assigned to a Publisher, that Publisher is credited with the sale even if a different Publisher set the last cookie.
4. Sales that cannot be tracked because the Customer has blocked cookies, used a private window without consent, or used third-party browser extensions that strip tracking parameters, will not give rise to commission.

6. Validation, returns & cancellations

1. LANG Beverages will validate transactions within 30 days of the transaction date. After this period, unvalidated transactions may be auto-approved by Awin in line with the Awin Service Level Agreement.
2. Transactions will be declined where: (a) the order is cancelled, returned, charged back, or unpaid; (b) the order is fraudulent or the Customer is not a bona fide consumer; (c) the order breaches these Programme Terms; or (d) the order benefits from a stacked, expired or unauthorised voucher.
3. If a transaction is declined after initial approval (e.g. a late return or chargeback), LANG Beverages reserves the right to claw back the corresponding commission via Awin.

7. Vouchers & promotions

1. Publishers may only promote voucher codes that we have published on the Awin platform or shared with the Publisher in writing.
2. Use of unauthorised, expired, leaked, employee or staff codes is prohibited and will result in declined commission and may result in immediate removal from the Programme.
3. Publishers must not generate or display fake "discount" codes (e.g. "DRINKLANG15") that do not exist.

8. Brand bidding & paid search

1. Publishers must not bid on, or use in any paid-search campaign, any of the following terms or close variants, misspellings, plurals, hyphenated forms, spaced or hyphenated variants, or translations thereof: "LANGWATER", "LANG WATER", "LANG Beverages", "drinklang", "drinklang.com", and any current or future LANGWATER product name or trademark of LANG Beverages (the "Brand Terms").
2. Publishers must not use Brand Terms in the visible URL, display URL, ad copy, or ad headline of any paid-search advertisement.
3. Publishers must not direct paid-search traffic via redirects or cloaked URLs to the Website.
4. Breach of this clause 8 entitles us to decline all affected commission, claw back any previously paid commission, and remove the Publisher from the Programme without notice.

9. Content & brand restrictions

Publishers must not place LANGWATER creatives or links on any site or in any communication that:

• contains adult, sexually explicit, or violent content;
• promotes hate speech, discrimination, illegal activity, or self-harm;
• targets or is likely to be viewed primarily by minors;
• misrepresents LANGWATER, its products, prices, or availability;
• makes health, medical, dietary or therapeutic claims about LANGWATER products that are not approved by us in writing;
• infringes any third-party intellectual-property right.

10. Email marketing

1. Publishers may include LANGWATER offers in newsletters only where: (a) the Publisher's mailing list is fully opt-in and GDPR/UK-GDPR compliant; (b) the Publisher is clearly identified as the sender; and (c) LANG Beverages is named as the advertiser.
2. Publishers must not send any email that suggests it originates from LANG Beverages or LANGWATER, or uses a "from" address containing "drinklang", "langwater", or "langbeverages".

11. Data protection

1. Each party will comply with all applicable data-protection laws, including the Swiss Federal Act on Data Protection (FADP), the EU GDPR, the UK GDPR and the German BDSG, to the extent each applies to that party's processing.
2. LANG Beverages and the Publisher each act as independent controllers in respect of any personal data they process. Awin acts as a processor on our behalf for tracking data, under the Awin Data Processing Agreement.
3. Publishers must operate a compliant consent-management mechanism so that affiliate cookies are only set after the Customer's consent, where required.

12. Term & termination

1. These Programme Terms take effect when the Publisher's application is approved and continue until terminated.
2. Either party may terminate participation at any time, for any reason, on written notice via the Awin platform.
3. LANG Beverages may suspend or terminate a Publisher with immediate effect, and decline or claw back commission, where the Publisher breaches these Programme Terms, the Awin Code of Conduct, or any applicable law.
4. On termination, all rights to use LANGWATER trademarks, creatives, and product data cease, and the Publisher will remove all LANGWATER creatives and links within 7 days.

13. Variation

We may amend these Programme Terms, the commission rate, the cookie window, or the validation period at any time, with effect from the date the change is posted on the Awin platform. Continued participation after that date constitutes acceptance of the amended terms.

14. Liability

1. Nothing in these Programme Terms limits liability for fraud, death or personal injury caused by negligence, or any liability that cannot be limited by law.
2. Subject to clause 14.1, LANG Beverages' total aggregate liability to any Publisher under these Programme Terms is limited to the total commission paid to that Publisher in the 12 months preceding the event giving rise to the claim.
3. Neither party is liable for any indirect, special or consequential loss, including loss of profit, revenue, goodwill, or anticipated savings.

15. Governing law & jurisdiction

These Programme Terms are governed by the substantive laws of Switzerland, excluding its conflict-of-law rules and excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG). The parties submit to the exclusive jurisdiction of the courts of Zug, Switzerland, save that LANG Beverages may bring proceedings in any jurisdiction in which the Publisher is established or has assets.