Conditions of participation in the s.Oliver PL affiliate program
The additional conditions of participation govern participation in the s.Oliver affiliate partner program. The general conditions of participation of the partner networks remain valid. In the event of deviating regulations in the conditions of participation of the partner networks, the regulations contained in these conditions of participation shall take precedence.
1. definition of terms
"s.Oliver" means s.Oliver, the network and MAI xpose360 GmbH.
The term "program" refers to the affiliate partner program of s.Oliver.
Participants in the program who provide advertising space on websites or in newsletters are referred to as "partners".
Interested parties" are persons who have applied to participate in the program.
2. conditions of participation
Partners of the program must have full legal capacity.
The partner may not be an employee of s.Oliver.
Participation in the program only becomes effective upon acceptance of the interested party's application by s.Oliver. There is no entitlement of an interested party to participate in the program
The partner indemnifies s.Oliver from all claims of third parties that are asserted due to the infringement of rights of any kind, in particular due to the infringement of industrial property rights or competition law regulations in connection with the partner's offer, in particular the web offer, the website or the design of newsletters and the like. This indemnification also extends to the reasonable costs of legal defense incurred by s.Oliver in defending against the claims or defending against the claim.
The Partner is not authorized to make legally binding declarations to third parties on behalf of s.Oliver or to give the impression of being authorized to do so.
The Partner undertakes to disclose the nature and manner of its sales activities within the framework of the program immediately upon request by s.Oliver. This includes, in particular, detailed documentation of how the orders assigned to the Partner came about and how the calls to the s.Oliver online presence (traffic) mediated by the Partner were generated.
The Partner shall not place hyperlinks on websites that contain or associate with the following content: Politics, eroticism, pornography, weapons, violence, glorification of violence, drugs or criminally relevant content. The Partner further guarantees that its website(s) are not associated with or used in connection with such content.
3. remuneration
The agreed remuneration is to be understood as a net price plus the applicable statutory value added tax.
4. SEM / search engine marketing
No direct advertising/marketing in search engines through paid procedures is permitted. The rights of third parties may not be infringed when advertising the program. It is prohibited to place sponsored ads on search engines such as Google, Yahoo Searchmarketing with the visible URL s.Oliver or a direct target URL to the s.Oliver store - not even via redirects. Direct redirects (also via redirects) from search engines to the s.Oliver store are generally prohibited. In order to exclude SEM violations through automatic keyword generation from the outset, corresponding negative keywords must be added to the SEM campaign (brand name s.Oliver, sOliver, soliver, SOliver; and other variations). A list of suggestions for negative keywords is available from s.Oliver on request.
5. advertising material / advertising space
Partners receive access to s.Oliver's advertising material via the partner network. This access and the use of the advertising material is only permitted for the duration of the cooperation.
The advertising material provided may only be used on the advertising spaces registered when registering for the program.
The Partner is responsible for ensuring that the advertising material is up to date and undertakes to remove advertising material from its website immediately if it is notified of this by s.Oliver or if it has reason to believe that the advertising material may no longer be used. The partner is not permitted to modify or extend the advertising material without the prior consent of s.Oliver.
Under no circumstances is the integration of this advertising material on websites, as is the subject of the provision in Section 2.g. of the Conditions of Participation, permitted.
If the Partner uses e-mail advertising, the Partner must ensure that the sender's address and the content of the e-mails are set up in such a way as to prevent the recipient from gaining a misleading impression that the sender of the e-mail is s.Oliver.
The following advertising activities are expressly prohibited: The creation of so-called click farms, click spamming or DoS attacks are strictly prohibited.
If a cookie is set by the program, it must be preceded by a voluntary and deliberate click by the user. The duration of the tracking cookie is 30 days. Cookie dropping, iFrames, advertising in layers, pop-ups or similar measures are not permitted.
PostView tracking is not permitted.
6. consequences of breaches of contract, contractual penalty
If the partner breaches the obligations arising from these conditions of participation, the commission claim shall lapse. In such cases, s.Oliver reserves the right of immediate exclusion from the program.
7. confidentiality
The parties undertake 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 apply beyond the end of the agreement for a further period of 2 years.
8. duration of contract and termination
This contract is concluded for an indefinite period and can be terminated by either party at any time (in the personal affiliate partner area). After termination of the contractual relationship, all advertising material and links that were the subject of this contract must be removed from the partner's website immediately, but no later than 24 hours after receipt of the notice of termination.
9. modification of the conditions of participation
s.Oliver reserves the right to change the conditions of participation at any time and without stating reasons. In such a case, the partner program operator will inform the partners by e-mail 7 days before the date of the change and give them the opportunity to view the amended version. The partner then has the opportunity to object to the change within one week. If no objection is lodged within this period, the new conditions of participation shall be deemed to have been accepted. This is the same if the partner provides or accepts services within the framework of the program.
