GENERAL TERMS AND CONDITIONS RELATING TO PARTICIPATION IN THE tado PARTNER PROGRAMME.
The following general terms and conditions contain provisions for participation in the partner program of tado GmbH (hereinafter referred to as tado). Participants in the Partner Program are hereinafter referred to as Partner, Affiliate or Publisher.
§1 PARTICIPATION
(1) In order to participate as a partner in the tado affiliate program, you must be of full legal capacity. Participants must be at least eighteen years of age. Own employees of tado GmbH are excluded from the affiliate partnership with tado.
Participation and the associated program conditions only become effective once the application of the interested party has been accepted by tado. The application must be submitted via the affiliate network Awin. There is no right of an interested party to participate in the program.
By participating in the partner program and working as an affiliate partner, the partner confirms that he/she has taken note of and agrees to all contractual and program conditions. In the event of a breach, tado reserves the right to terminate the contractual relationship.
(2) tado shall be exempted by the partner from all claims of third parties that are asserted due to the infringement of rights of any kind. This applies in particular to regulations under competition law as well as industrial property rights which are connected with the partner's offer and which are violated in the course of the design of the web offer, the web presence, newsletters or the like. Should it be necessary for tado to take legal action in connection with the above-mentioned claims, this indemnity also extends to the costs incurred as a result.
(3) It is prohibited to make legally binding declarations in the name of tado or to use brand names in the name of tado.
(4) At the request of tado, the partner is obliged to disclose the nature of its sales activities within the framework of the partner program. This includes any detailed documentation on the channels and how the orders and page impressions assigned to the partner were generated and in what way advertising media were used.
(5) Websites and traffic with racist, extremist, inciting, defamatory, violent or inciting content as well as pornographic and other offensive and illegal content are generally excluded from advertising. Likewise, the partner will not place any deep links from tado to websites that suggest a connection with the following topics: weapons, violence, glorification of violence, drugs, politics, eroticism, pornography as well as contents relevant under criminal law. The partner must ensure at any time that its own Internet presence has no connection whatsoever with the content just described.
Transferring the registration to third parties is not permitted without the prior written consent of tado.
§2 STRUCTURE AND MAINTENANCE OF THE PARTNER WEBSITE
(1) tado provides the partner with a pre-screened selection of graphic and text links via the affiliate marketing network Awin. Unless otherwise agreed in writing, the partner is only entitled to the aforementioned advertising material for contract-specific use. These may only be integrated by the partner in an appropriate number and not outside the partner's website.
(2) Brandbidding, brandhijacking and typosquatting are not permitted at any time. This applies in particular to the advertising of the partner website in search engines. The advertising of tado products via Google Shopping Ads requires the written consent of tado.
(3) The generation of tado advertising cookies is only permitted if this is directly related to a tado advertising medium. This must be visible and clickable for the user. The partner is strictly prohibited from so-called cookie dropping. This includes the invisible linking of the tado internet shop with the partner's website in order to store a cookie on the user's computer. iFrames, pop-ups, pop-unders or layer advertising media that contain a tado advertising medium or a link to the tado online shop are also strictly prohibited without the written consent of tado. Logging on to adware networks or antivirus programs is prohibited. The use of browser plug-ins or tools is also prohibited. All sales generated in this way will be cancelled without prior warning.
Advertising services generated will only be remunerated if they are justified and result from a regular marketing activity on the affiliate's website.
Tracking on the basis of a user's view is prohibited unless tado has given its express written consent to the use of this method. If tado has given its written consent, only one cookie may be set at a time for post-view delivery.
Advertising services based on forced clicks are also not permitted and will not be remunerated.
Advertising material may only be integrated on those websites which have been notified by the partner as part of the registration for the tado partner program. The advertising material will be provided with appropriate tracking parameters and will be used to track and allocate the advertising service. These may only be used for the advertising services described in these terms and conditions.
For operators of reimbursement systems with a monthly or annual fee, cooperation in the affiliate partner program requires the express approval of tado.
(4) The installation of links must always be carried out in accordance with the instructions provided by tado for the technical set-up and maintenance. To ensure correct billing, the affiliate should only use the advertising material provided by tado via Awin. In order to ensure correct billing, only the links provided by tado should be used.
(5) The maintenance of the partner website is the sole responsibility of the partner. As long as the partner uses links and advertising material from tado, all information and links in connection with tado products must be regularly updated, outdated links and content must be deleted, unless they are dynamically maintained or changed by tado. As part of the cooperation, a regular review of the integrated advertising material is also assumed.
§3 CALCULATION OF YOUR ADVERTISING REVENUE
(1) The advertising fee is calculated exclusively from tado's net revenue resulting from sales of [ADVERTISER] products to customers who have demonstrably and immediately clicked on an advertising medium of the partner prior to the purchase. Such sales will only be taken into account for the calculation of your advertising fee when the sale, delivery and full payment of the goods have been completed, less returns, VAT, credits and shipping costs.
Similarly, sales that were not generated immediately prior to placing an order through an approved affiliate advertising medium on our website will not count towards the calculation of affiliate advertising compensation, even if they have already reached or purchased from us through your website at an earlier time.
(2) Tado reserves the right to reclaim the paid commission in the event of full or partial returns.
(3) Any remuneration will be calculated exclusively on the basis of valid and verifiable views or clicks. Manipulation of any kind or attempted manipulation of the tracking of views and clicks is prohibited and will result in the immediate termination of the cooperation and corresponding claims for recourse.
§4 RIGHTS OF USE
(1) The partner is granted a non-exclusive, non-transferable right, which may be revoked at any time, to access our website via agreed advertising media (graphic banners, product data feed and text links) from the Awin Affiliate Network. Exclusively in connection with such advertising media, the partner is entitled to use the tado logo and other materials provided for the verifiable purpose of advertising our website. Without exception, this right applies only to the creation of links between the partner's website and tado's website that enable users to purchase tado products. The licensed material may not be revised or modified in any way. Violation of the aforementioned agreements entitles tado to terminate the contract without notice.
(2) If the partner requires advertising material that is not provided by tado in the aforementioned affiliate network, the partner is permitted to propose additional agreements to tado in writing via the aforementioned contact methods. Additional advertising material can be provided by tado on request. However, individual advertising materials must be agreed with tado at all times and without exception and may not be used in any way without the written consent of tado.
(3) The rights according to § 3 (1) expire with the effective termination of this agreement.
(4) Advertising material that has not been confirmed and made available by tado in writing is not permitted.
§5 CHANGES TO THE AGREEMENT
tado reserves the right to change the terms and conditions of this agreement at any time. In the event of changes to the contractual relationship, all participants will be informed by e-mail. Changes are primarily possible with regard to remuneration and payment procedures. If changes to the contractual situation are unacceptable to a partner, there is a possibility of termination. Acceptance of participation in the Affiliate Program after the effective date of the changes shall constitute confirmation and acceptance of the changes.
§ 6 CONFIDENTIALITY
(1) Unless otherwise provided in this Agreement or agreed to by tado, all information, including but not limited to agreements under these Terms and Conditions, as well as business and financial information, customer and supplier lists, and pricing and sales information, shall be kept strictly confidential. Such confidential information shall not be used by you for your own commercial purposes or for any other purpose.
(2) Any press releases concerning the cooperation based on this contract must be coordinated with tado and require the written consent of tado before publication.
(3) These provisions shall only not apply if the information is in the public domain or is accessible via public sources other than the sources of the respective party.
(4) Notwithstanding this provision, each party shall be entitled to pass on a copy of such information. In the event of a court or administrative order to that effect, each participant shall be entitled to have a copy of the information described in § 6 (1), (2) and (3) disclosed on a confidential basis to accountants, lawyers or other obligated parties. This also applies if there is a legal obligation to do so.
§ 7 WARRANTY AND LIABILITY
(1) The maintenance and operation of the tado website is carried out within the framework of technical, data protection and economic necessity. No assurance or warranty is given with regard to the error-free and uninterrupted usability of the tado website, the tado products or the affiliate network.
(2) Any general terms and conditions of the partner website apply independently of this agreement.
§8 PROVISIONS
(1) In addition to the share calculations according to §3, the commission rates are based on the Affiliate Partner's business model. The exact commission scale is listed in §8(3). The percentage share always refers to the amount stated in §3(1).
(2) In the event of a successful sale, the commissions are calculated as follows
NK = sales to new customers
ZP = sale of additional products
- Content segments 8 %
- Cashback and loyalty partners 5 %
- Deal and shopping sites 5 %
- Coupon partners 2,5 %
- Display/retargeting partners 5 %
(3) Notwithstanding the amounts stated in (2) above, individual agreements for higher commissions are possible and must be made in writing.
