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Supplementary Conditions of Participation of the DiamondSmile Affiliate Program
You are at least 18 years old, have full legal capacity, wish to participate in our affiliate program and earn advertising revenue from DiamondSmile for successful advertising presented on your website.
The following agreement contains terms and conditions for participating in DiamondSmile's affiliate program and establishing links from an affiliate website to our website.
a. § 1 Setup and maintenance of the partner website
- (1) For your website, we will provide you with a selection of graphic and text links (hereinafter "Links") via this platform for use in accordance with the Agreement. You may exclusively include these Links in an appropriate number and in all appropriate areas of your Website. The creation of DiamondSmile cookies is only permitted if a DiamondSmile advertising medium is used, this is visible and the creation of the cookie is preceded by a conscious click by a user. It is prohibited for the partner to invisibly integrate the DiamondSmile internet store in order to generate a cookie for the user. In general, publishers are prohibited from using iFrames, pop-ups, pop-under and layer advertising media that load a DiamondSmile advertising medium or the DiamondSmile Internet Shop and set a cookie on the user without the user's participation. Furthermore, logging into so-called adware networks (e.g. Zango/Hotbar) is prohibited. Orders generated on the basis of an electronic notice (browser plug-in, adware, etc.) to the user that bonus points or other additional remuneration or gratuities can be "taken" will not be tolerated and any sales made in this way will be cancelled. Only sales that have a justified origin resulting from a regular marketing measure on your website/advertising space will be remunerated. Postview tracking is prohibited unless DiamondSmile has given its express written consent to the use of this method. If DiamondSmile has given its written consent, a maximum of one cookie may be set for postview delivery.
- The use of so-called "forced clicks" is also prohibited.
- The links may only be integrated on the website whose address (URL) you provided when registering for the DiamondSmile partner program. The links serve to identify your website in our partner network and establish the connection from your website to our website. Only through these links may a connection to our website be established. The links may point to different areas of our website.
- Operators of rebate systems with a monthly or annual fee cannot participate in the DiamondSmile Affiliate Program.
- (2) It is essential to follow our instructions for the installation of links with regard to technical set-up and maintenance. To ensure accurate billing, use only the Links that DiamondSmile provides to you. To ensure up-to-dateness, you will regularly replace the contents with new editorial texts provided by us, unless these are dynamically maintained or changed by DiamondSmile.
- (3) The maintenance of your website is exclusively your responsibility. As long as you use our Links, you will regularly renew the information and Links related to DiamondSmile products, and delete the outdated Links and Content, to the extent not dynamically maintained or modified by DiamondSmile.
b. § 2 Calculation of your advertising revenue
- For the calculation of your advertising revenue, only revenue generated by DiamondSmile from sales of DiamondSmile products to customers who have accessed our website immediately prior to the purchase through one of the Links on your website will be counted. Such sales will be counted for purposes of calculating your advertising compensation, provided the sale, delivery and full payment of the merchandise are completed, less returns, sales tax and credits. In addition, orders placed by commission-eligible customers and employees of the DiamondSmile Group will not be included in the calculation of your promotional compensation.
- Please note that sales to customers who do not reach our website via a link on your website immediately prior to placing an order will not be included in the calculation of your advertising compensation, even if they have already reached us or made a purchase via your website at an earlier point in time.
- Likewise, your own orders placed via links on your own websites will not be taken into account when calculating the advertising fee. We reserve the right to reclaim the paid commission in case of full or partial returns, if applicable.
c. § 3 Rights of use
- (1) You are granted a non-exclusive, non-transferable right, revocable at any time, to access our website via links as agreed. Exclusively in connection with such links, you also have the right to use the DiamondSmile logo and other provided materials for the purpose of promoting our website. This right applies only for the purpose of creating links between your website and our website that allow your users to purchase DiamondSmile products. You may not revise or modify the licensed materials in any way. Any violation of the aforementioned agreements entitles DiamondSmile to terminate the agreement without notice.
- (2) The rights according to clause 3 (1) expire when a termination of this agreement becomes effective.
d. § 4 Your services
- (1) You are fully responsible for the establishment, operation and maintenance of your website and for all materials that appear on your website. This responsibility relates in particular to the technical operation of your site and the necessary technical systems. In particular, you guarantee that your website is free of pornography, depictions of violence (sexual violence, killing of humans or animals), discriminatory depictions of persons, insults, extremist, radical political or youth-endangering content, trivialization or glorification of drugs and weapons, and inappropriate language use (sexualized language, coarse language use, profanity, etc.) and does not link to other websites with such content.
- (2) You are obligated to indemnify us against any claims of third parties and our costs in connection with the defense against claims of third parties, which are related to the setup, operation or maintenance as well as the content of your site for which you are responsible, provided that it does not concern claims due to advertising material or product data provided by DiamondSmile. You are also obligated to assist DiamondSmile in defending against any such third party claims by providing declarations, including but not limited to affidavits, and other information. You will refrain from all actions that impair the functionality of the Software or the system (e.g. mail bombs, etc.) and will be liable for all damages incurred by DiamondSmile as a result of such actions for which you are responsible.
- (3) You will not set up your website in a manner that creates confusion with our website or creates the impression that your website is our website or a part of our website. You will not use on your website any materials from us that you do not obtain for this purpose with our permission or through our website. Your domain name and the metatext of your website will not contain the words " DiamondSmile" or " DiamondSmileteeth.com". In particular, the creation of domains that are phonetically or spelling similar to "DiamondSmile" or "DiamondSmileTeeth.cim" is also prohibited (especially so-called "typo" domains). The use and advertising on advertising spaces in search engines or sponsored links, paid ad placements, keywordadvertising, keyword targeting (such as GoogleAdwords etc.) with providers (such as Google, Yahoo, MIVA etc.) with these words is not permitted. In particular, the registration for search engines and/or keywordadvertising using the term "DiamondSmile" or the use of similar spellings, including misspellings, is not permitted. Direct redirects to the DiamondSmile website are not permitted. Ensure not to be played in search queries related to DiamondSmile or misspellings of the brand name.
- You will not distribute any other advertising material directly or indirectly referring to us without having submitted such material to us and having received our written consent. The foregoing permission must be obtained in particular if you wish to advertise on a third party website or in other media for your own website using the above materials or by reference to DiamondSmile. In any case, you must ensure that your website or advertising, by using the above mentioned advertising materials or the name DiamondSmile, is not perceived as a website of DiamondSmile or as advertising placed by DiamondSmile. Partners must be activated by DiamondSmile to use the product data. When using the product data, the partner agrees to update it regularly (at least daily), to treat it confidentially and not to pass it on to third parties. A Google Shopping listing is prohibited.
- Paidmailing, layering and cookie dropping are expressly prohibited.
- Furthermore, the prerequisite for participation in the partner program is the completeness of the content of the specified advertising space (no "construction site") as well as the mandatory information on provider identification according to § 5 TMG. In case of non-compliance with the aforementioned restrictions, DiamondSmile is entitled to terminate without notice and to cancel all commissions earned through these violations. DiamondSmile expressly reserves the right to assert further claims for damages.
- (4) You are not entitled to make or accept offers on our behalf or to represent us. You shall not be involved in the execution of the purchase contracts between us and our end customer. You do not act as a commercial agent or commission agent of DiamondSmile. You will ensure that the design of your website does not create such an impression. You will not make any statements to third parties that could create such an impression.
- (5) You may only place the DiamondSmile Links on the website whose address (URL) you have specified in the context of this registration. In case of a change of the domain of your website, you will inform DiamondSmile one month in advance. The continued placement of Links is permitted under the new domain as long as DiamondSmile does not object to such use. The same applies in the event of a change in the content orientation or the commercial subject matter of your Website.
- (6) You operate your Website independently and are responsible for the contents in the sense of § 7 TMG yourself and observe the regulations and obligations of the TDDSG (in particular, you are solely responsible for the observance of the relevant regulations of the TDDSG regarding the storage of cookies), BDSG and will hold DiamondSmile harmless from any and all claims that DiamondSmile may incur due to a violation of the data protection laws for which you are responsible.
- Any violation of the program rules by a partner registered for the DiamondSmile partner program can lead to immediate exclusion from the DiamondSmile partner program without notice as well as the cancellation of all open sales. In addition, further legal steps, in particular the assertion of claims for damages, are expressly reserved.
e. § 5 Changes to the contract
- We reserve the right to change the rules and regulations of this agreement at any time. To this end, you will be informed of the change by e-mail. Modifications may be made in particular with regard to remuneration and payment procedures. If a modification is not acceptable to you, you will have the option to terminate the Agreement. Your continued participation in the Partner Network, after the start of the period of validity of the modifications, will be deemed to be acceptance of the modifications. We will make you aware of this legal consequence when you are notified of the modification.
f. § 6 Confidentiality
- (1) Unless otherwise provided in this Agreement or agreed to by the other party, all information, including but not limited to the terms of this Agreement, business and financial information, customer and vendor lists, and pricing and sales information, shall be kept strictly confidential and such confidential information shall not be used by you, directly or indirectly, for your own commercial purposes or for any other purpose.
- (2) Press releases concerning cooperation based on this Agreement must be coordinated with DiamondSmile and require the written consent of DiamondSmile prior to publication.
- (3) This shall not apply to the extent that such information is known or accessible to the general public through generally accessible sources other than the sources of the respective party. Irrespective of this provision, each party is entitled to disclose a copy of such information if there is a corresponding court or administrative order, if the disclosure is made to accountants, lawyers or other obligated parties on a confidential basis or if there is a legal obligation to do so.
g. § 7 Warranty and liability
- (1) We will operate our website within the scope of our technical capabilities. We make no representations or warranties with respect to the partner network, DiamondSmile products and the error-free and uninterrupted usability of our website.
- (2) We are liable for culpable damages in case of violation of essential contractual main obligations (cardinal obligations) or in case of absence of warranted characteristics. In addition, we shall only be liable - irrespective of the legal grounds - in accordance with the Product Liability Act or if the damage was caused by us or our vicarious agents through gross negligence or intent.
- (3) In the event of a slightly negligent breach of a material contractual primary obligation, we shall be liable at most up to the typically foreseeable damage that does not exceed your average monthly advertising revenue from this agreement.
h. § 8 Miscellaneous
- (1) This agreement shall be governed by German law. Potsdam, Germany is agreed as the exclusive place of jurisdiction. We reserve the right to sue at your place of jurisdiction as well. This Agreement is not transferable without our written consent; DiamondSmile is entitled to transfer its rights and obligations under this Agreement to companies in which DiamondSmile or one of its shareholders has a direct or indirect interest or to assign rights under this Agreement to them.
- (2) If any provision of this Agreement is or becomes invalid or unenforceable in whole or in part, the validity of the remaining provisions of this Agreement shall not be affected thereby. The same shall apply in the event that the agreement contains a loophole. In place of the invalid or unenforceable provisions or in order to fill the gap, an appropriate provision shall apply which, as far as legally possible, comes as close as possible to what the partners would have intended if they had considered this point when concluding the agreement.
- (3) Insofar as the written form is required for declarations under this Agreement, it may only be replaced by electronic form within the meaning of Section 126a of the German Civil Code (BGB).
