General Terms and Conditions of AnyDesk Software GmbH
You can take part in the AnyDesk Software GmbH program providing you are aged 18 or over and are fully competent. The following Terms and Conditions describe all prerequisites for participating in the AnyDesk Software GmbH program provided by AnyDesk Software GmbH (hereinafter referred to as "AnyDesk"), as well as the terms and conditions specifying the AnyDesk Software GmbH Online Shop (hereinafter referred to as " AnyDesk Online Shop").
Article 1 Structure and Maintenance of the Partner Website
(1) We will provide you with an ample range of banners and text links for your website through our network of affiliates. An adequate number of exclusively these links must be integrated into the appropriate positions on your website. AnyDesk cookies must only be generated if AnyDesk advertising material is used that is in view and where the generation of the cookie is preceded by conscious user interaction. An invisible integration of the AnyDesk Online Shop is not permitted for the purposes of generating a cookie on the user's machine. As a rule, publishers shall not use iFrames, pop-ups, pop-unders and layer advertising materials that load AnyDesk advertising material or the AnyDesk online shop and save a cookie on users' machines without their interaction. It is also not permitted to log in to adware or spyware networks. Exclusively sales will be reimbursed which result from a regular marketing measure on your website. Post-view tracking is not permitted unless AnyDesk has granted explicit approval. If AnyDesk gives its consent, at maximum one cookie can be saved for post-view tracking.
The use of forced clicks is not permitted.
The provided advertising materials must only be integrated on websites with a URL you had stated when signing up to the AnyDesk partner program. Target URLs integrated in advertising materials may refer to different areas of our website.
Operators of cashback systems with a monthly or annual fee cannot take part in the AnyDesk affiliate program.
(2) Our instructions on integrating advertising materials must be observed in terms of their technical integration and maintenance. Exclusively use the links that AnyDesk has provided you with to guarantee exact invoicing. In an effort to safeguard that the data remains up to date we ask you to regularly replace the content with the texts we provide, providing these are not dynamically maintained or changed by AnyDesk.
(3) You are solely responsible for maintaining your website. As long as you use our links, you will regularly replace the information and links within the context of AnyDesk products and delete outdated links as well as content, providing these elements are not automatically maintained by AnyDesk.
Article 2 Calculating your Commission
(1) Exclusively income generated as a result of AnyDesk product sales to customers that came via a link on your page shall be relevant to calculating the remuneration. Remuneration shall only be paid once the sale, delivery and full payment of the goods have been completed, minus returns, income tax and credit.
We shall reserve the right to potentially ask you to return the paid commission for complete or partial returns.
(2) Your income generated with the AnyDesk partner program is subject to the Sales Tax Act. Providing no other provisions have been defined, AnyDesk will issue a credit to you. For this purpose, AnyDesk requires the tax ID issued by your tax authority or the VAT ID issued by the federal tax authority in your country. Please provide us with this data in the contact information. Commission payments to affiliates with a registered office in Germany will be made including the statutory sales tax. If you are exempt from sales tax, please notify us in writing. By accepting the General Terms and Conditions you explicitly declare that the commission generated with the AnyDesk partner program is subject to your income and sales tax declarations.
Article 3 Usage Rights
(1) You shall be granted the right to access our website using agreed links with the option of withdrawal at any time. Exclusively in conjunction with such links will you be authorized to use the AnyDesk logo and other provided materials for the purpose of advertising for our website. This right shall exclusively apply for the purpose of generating links between your website and our website which enables your users to purchase AnyDesk products. You are not permitted to modify licensed materials in any way. A violation of aforementioned agreements shall entitle AnyDesk to terminate the contract without notice.
(2) Rights according to Section 3 (1) shall be rendered void as soon as a termination of this agreement has come into effect.
Article 4 Your Services
(1) You are fully responsible for setting up, running and maintaining your website and for any materials appearing on your website. This responsibility in particular covers the technical operation of your site and the required technical systems. You shall also guarantee that your website does not feature pornography, depictions of violence (sexually motivated violence, fatally injuring a person or animal), discriminating representations of individuals, offensive material, extremist, politically radical content or content liable to corrupt the young, material featuring the trivialization or glorification of drugs and weapons as well as inappropriate language (sexualized or crude expressions, blasphemy, etc.) and that your website does not link to any websites containing such content.
(2) You shall design your homepage so that there is no risk of confusing it with our website and so that it cannot be mistaken as a part of our website. Do not use our materials if you have not obtained them with our consent or from our partner program. Your domain name and your website's metatext shall not feature the terms "AnyDesk", "AnyDesk.com" or "AnyDesk.de". Using and advertising on advertising elements in search engines or sponsored links, paid ads, keyword advertising, keyword targeting (e.g. Google Adwords, etc.) or advertising through providers (e.g. Google, Yahoo, etc.) using these terms is not permitted. Direct forwarding to the AnyDesk website is also not permitted.
You are not permitted to directly or indirectly distribute any advertising materials with a reference to our company without us having access to said material and having given our consent. Our approval must also be obtained if you want to run advertising on a third-party website or in other media using the available advertising materials or by referencing AnyDesk.
In the event that the aforementioned restrictions are not observed, AnyDesk shall be entitled to terminate the partnership without notice and to void any commission generated as a result of these infringements. We expressly reserve the right to assert further claims for damages.
(3) You are not authorized to create or accept offers on our behalf or act as our representative. You are not involved in processing purchase contracts between AnyDesk and end customers.
(4) You shall only be permitted to position the AnyDesk advertising materials on websites with a URL you stated upon signing up to be an affiliate partner. You shall notify AnyDesk two weeks before a change of your website domain. Continuing to place links on the new domain shall be permissible as long as AnyDesk does not object to said use. The same also applies to a change in content-based focus or the commercial purpose of your website.
(5) You run your website independently and are responsible for content as per Article 8 of the German Teleservices Act (TDG). You shall observe the specifications and obligations defined in the German Teleservices Data Privacy Act (TDDSG; you are responsible for observing in particular relevant TDDSG stipulations regarding the saving of cookies), Federal German Data Protection Act (BDSG) and you shall exclude AnyDesk from any claims asserted against AnyDesk as a result of an infringement of data privacy stipulations that you caused.
Article 5 Program Changes
(1) We shall reserve the right to change regulations and specifications of this agreement at any time. For this purpose, you will be notified by email about the change. Adaptations can be made in particular in terms of remuneration and payment procedures. If you are unable to accept a change, you have the option of terminating the agreement. Any further participation in the partner network on your behalf after the time when the changes come into effect shall be deemed as accepting the changes.
Article 6 Confidentiality
(1) Providing no other specifications have been defined in this agreement or if the other party has given consent, any information, in particular the specifications of this agreement, commercial or financial information, customer and vendor lists as well as price and sales information, must be handled strictly confidentially. You shall not use this information, directly or indirectly, for your own economic gains or any other purposes.
(2) This shall not apply if such information is generally available in the public domain and does not originate from sources associated with the respective party.
Article 7 Warranty and Liability
(1) We shall not give guarantees or grant warranties in terms of the partner network, AnyDesk products as well as our website being without errors and permanently available for use without interruptions.
(2) We shall be liable for any damage we cause ourselves as part of which pivotal, contractual main obligations have been infringed or in the event of a lack of assured properties. Furthermore, we shall be liable as per product liability legislation or if we caused the damage as a result of gross negligence or with intent.
Article 8 Other Provisions
(1) This agreement shall be subject to German legislation. Berlin shall be the exclusive place of jurisdiction. We shall reserve the right to also file legal proceedings at a different place of jurisdiction. This agreement shall not be transferable without our written consent. AnyDesk shall be authorized to transfer or assign rights and obligations resulting from this agreement to other companies in which AnyDesk or one of its shareholders directly or indirectly hold a stake.
(2) If individual stipulations of this agreement are rendered partly or fully ineffective in law, this shall not affect the validity of other stipulations of the agreement. This shall also apply in the case when the agreement contains a legal loophole. An adequate regulation shall be used to close the loophole (providing this is legally permitted) which comes closest to what partners had originally intended with the stipulation.
