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To begin with, some important information:
Welcome and thank you for considering the YAZIO Affiliate Program.
The Affiliate Program of YAZIO GmbH (hereinafter referred to as “YAZIO”) offers organizations and individuals who are eligible to participate as affiliate partners (hereinafter referred to as “Affiliates”) the ability to earn commissions on eligible sales that are made on YAZIO's website through links on an Affiliate’s website. This Affiliate Program Policy explains your rights and obligations if you participate in the YAZIO Affiliate Program.
This Policy contains the terms and conditions that apply to participation by an Affiliate in the YAZIO Affiliate Program (“Affiliate Program Policy”) operated over the Awin affiliate network (“Awin Network”). Affiliates are also subject to the Awin Network Terms and Condition.
These terms and conditions constitute a contract between you and YAZIO.
“Authorized channels” refer to your social media pages, website, blogs, newsletters and other media and channels operated by you that were accepted and approved by us for participation in the Affiliate Program.
Please read the entire terms and conditions.
By sending your online application, you automatically agree that you have read and accepted the policies for our partner programs (the “Affiliate Program Policy”).
You thus declare that you agree to be bound by these terms and conditions. You also declare that you agree to comply with our Terms of Service and confirm that you have read and understood our Privacy Policy.
If you have any questions, please feel free to contact us at any time at partnerships@yazio.com.
We look forward to a successful partnership.
Affiliate Program Policy
This Policy was published on 07/02/2023 and enters into effect on 07/02/2023.
Preamble
I. YAZIO operates one of the world’s leading nutrition apps.
II. On the basis of this contract, the Affiliate is to support YAZIO in a promotionally effective manner and, in doing so, raise the awareness of the company and the YAZIO app through promotion in their profile on social networks.
III. This contract forms the framework for the collaboration between the contracting parties. The content and requirements for every post are additionally specified through agreements on the Awin Network.
IV. This contract uses the pronoun they to refer to the Affiliate and shall be interpreted to mean any or all genders.
1: Scope
(1) This Policy (“Affiliate Program Policy”) applies to the contractual relationship between the Affiliate and YAZIO GmbH, Kartäuserstraße 13a, 99084 Erfurt, Germany (“YAZIO”).
2: Registration and Eligibility to Participate
(1) Potential Affiliates must submit an application to participate directly on the Affiliate Program platform operated by the Awin Network. It must be approved by YAZIO in its sole discretion in order to obtain access to the Affiliate Program.
(a) The Affiliate must provide complete and precise information about themself and update it where necessary (including payment and tax information).
(b) This does not apply to influencers who were accepted for the Affiliate Program by YAZIO after previously being contacted prior to registration on the Awin Network. They are not required to enter any additional information in order to receive approval from YAZIO.
(2) Potential Affiliates are evaluated on the basis of such criteria as type of authorized channels, their quality, their content and conformity with the YAZIO values.
(3) During the application process, potential Affiliates may be requested to provide additional information about each of the listed criteria.
(4) In order to be eligible to participate in our Affiliate Program, the following points must be fulfilled:
(a) Participation is open to anyone who is 18 years of age or older and has full capacity to contract.
(b) A fully completed publisher profile has been set up on Awin, including contact details and precise description of the promotional service.
(c) The channels on which the Affiliate links are to be placed must be indicated.
(d) YAZIO does not specify any particular rules or content for its Affiliates, but as a rule, it rejects applicants whose websites violate applicable law.
(5) There is no entitlement to participate in the Affiliate Program or to conclude a contract with YAZIO. YAZIO may reject individual partners any time without providing reasons.
3: Subject of Contract
(1) The subject of the contract is the marketing and promotion of the advertiser’s YAZIO app as part of Affiliate marketing. The content and products to be marketed are to be coordinated with the Affiliate.
(2) The Affiliate places advertising on their own responsibility on their authorized channels registered and approved in the partner program.
(3) In exchange for soliciting and successfully brokering transactions (e.g., orders), the Affiliate receives a brokerage commission, which depends on the scope and real value of the service. The details are set forth in this Policy under Section 6: Compensation.
4: Rights and Obligations of the Affiliate
(1) The Affiliate undertakes to tag YAZIO in all relevant posts and stories using a clickable tap tag in the uploaded image and/or video file, to provide a link to the channels authorized by YAZIO and to identify the post and/or story overall as advertisement or promotion.
(2) In addition, the Affiliate undertakes to use the Affiliate link provided by YAZIO in such a way that the user can be expected to take notice of it; this is particularly the case where it is inserted in the text description of the Affiliate’s post and/or story. The Affiliate is responsible for the technically correct integration of the Affiliate link and must ensure that a proper link can be established to the landing page provided by YAZIO.
(3) The Affiliate has discretion in structuring the content and scope of the promotion. However, posts may not contain:
(a) Racism,
(b) Glorification of violence or extremism of any kind,
(c) Calls for or the incitement of crimes and/or violations of the law, threats against life, limb or property,
(d) Stirring up of hatred against persons or companies,
(e) Statements that violate privacy, libel, offences against personal honor and defamation of users and third parties, as well as violations of competition law,
(f) Content that infringes copyright or other infringements of intellectual property rights,
(g) Sexual harassment of users and third parties,
(h) Other depictions that are in any way unlawful, damaging, threatening, defamatory, obscene or harassing or that are offensive racially, ethnically, or otherwise in our sole discretion.
(4) The Affiliate may only advertise offers/deals that have been pre-approved by YAZIO.
(5) If the Affiliate receives enquiries relating to YAZIO, the Affiliate undertakes to respond to the enquiries in the interest of YAZIO.
5: Rights and Obligations of YAZIO
(1) YAZIO undertakes to make a landing page available to the Affiliate, which the Affiliate embeds into their promotional service via an Affiliate link sent by YAZIO.
(2) YAZIO offers the end user the YAZIO PRO membership at a discounted price, with the amount of the discount being at the discretion of YAZIO.
(3) At its own discretion, YAZIO provides the Affiliate with a selection of promotional tools (text links, videos and images) for individual campaigns.
(4) YAZIO furthermore undertakes to pay the compensation pursuant to Section 6 under the conditions specified there.
(5) YAZIO is entitled but not obligated to review the Affiliate’s channels with respect to the terms of this Policy.
(6) If the terms of this Policy are not complied with, YAZIO reserves the right to terminate the Affiliate’s participation in the Affiliate Program and reject the sales referred by the Affiliate.
6: Compensation
(1) YAZIO undertakes to pay the Affiliate a commission for each customer forwarded to YAZIO via the landing page, provided that the customer takes out a YAZIO PRO membership and pays the fee charged for it. No commission is payable for renewals of a YAZIO PRO membership by an existing customer that are made via the landing page of YAZIO tailored to the Affiliate. Unless specified otherwise, the amount of the commission is calculated based on net revenue. Aside from this compensation, there is no entitlement to reimbursement of expenses and costs, etc.
(2) The commission rates are set on a case-by-case basis and may vary depending on a variety of factors, such as the type of website and the type of content.
(3) The amount of the compensation is determined by the commission indicated in the respective campaign at the time of the sale. Unless indicated otherwise, the commission is 20% of the net revenue of the respective sale.
(4) Sales are validated within 14 days based on reports about the YAZIO PRO memberships taken out via the Affiliate’s Affiliate link. If these are confirmed, the Affiliate will be paid commission on them.
(5) The amount of the commission is due for payment four weeks after the end of the month for which the commission obligation exists.
(6) In the event of contract termination, the existing commission claim is paid out at the end of the following month.
7: Contract Term and Termination of the Contract
(1) The contract between YAZIO and the Affiliate begins when the contract comes into effect following approval from YAZIO pursuant to Section 2.1 of this Policy.
(2) The contractual relationship is concluded for an indefinite period of time.
(3) The contract may be terminated by either party at any time without notice and without specifying reasons.
8: Liability of the Affiliate
(1) The Affiliate is solely liable for claims that are made based on missing or defective identification of the promotional service or the impermissible use of protected third-party content related to the service of the influencer.
(2) If a claim is asserted against YAZIO by reason of the above-described actions, YAZIO is entitled to pass it on to the Affiliate.
(3) In all other respects, the existence and substance of the liability of both parties is determined by statutory provisions.
9: Promotional Labelling; Rights of Use
(1) Affiliates must comply with all applicable international, national, state and local laws as related to the operation of their authorized channels and all organic and paid promotion.
(2) The Affiliate undertakes to identify every promotional service that is provided for the benefit of YAZIO on social networks and thus pursues a commercial purpose in accordance with statutory provisions, particularly the German Act Against Unfair Competition (Gesetz gegen den unlauteren Wettbewerb, UWG).
(3) Failure to identify the commercial purpose exists, in particular, where the outward appearance of the Affiliate’s promotional service is designed in such a way that the consumer cannot clearly and unambiguously discern its commercial purpose.
(4) In addition, the Affiliate undertakes to refrain from using protected third-party content on their authorized channels with respect to YAZIO.
(5) As a rule, YAZIO reserves the right to use images and videos that were provided as part of the collaboration, unless an individual agreement was made.
10: Confidentiality
(1) During the term of this contract and thereafter, the Affiliate is not to disclose any business secrets and know-how or knowledge of YAZIO or use them for the benefit of another company.
(2) The Affiliate is to impose the foregoing confidentiality obligation analogously on other third parties that the Affiliate deploys in connection with their service provision and that come into contact with trade and business secrets in the foregoing sense.
(3) The obligation to maintain confidentiality no longer applies when the facts communicated to the Affiliate have become public knowledge and easily obtainable, provided that this is not based on a breach of contract by the Affiliate.
(4) Information that the Affiliate received during the term of the contract, particularly about prices and contractual arrangements, is subject to a strict non-disclosure obligation.
11: Related Policies; Contact and Communication
(1) The platform for the Affiliate Program is operated by the Awin Network, an external contracting partner. Therefore, in order to register for the Affiliate Program, it may be necessary to conclude a separate agreement with Awin, which you should read through carefully. Awin is not controlled by YAZIO and YAZIO is not responsible for any activities of Awin.
(2) YAZIO may contact Affiliates directly as a result of material program updates and offers. If you no longer agree to YAZIO contacting you, or if you want to leave the program, you must send an e-mail to partnerships@yazio.com.
(3) YAZIO’s Affiliate Team can be contacted at partnerships@yazio.com.
12: Final provisions
(1) YAZIO reserves the right to change or modify the terms and conditions contained in this Affiliate Policy at any time. Any changes or modifications enter into effect upon publication of the revisions on the Awin Network. If the Affiliate continues to participate in the Affiliate Program after such time, it is assumed that they have accepted these changes.
(2) Exceptions to this Policy are effective only if they were confirmed by YAZIO in written form.
(3) These Terms of Use and all contracts concluded with YAZIO are governed by the law of the Federal Republic of Germany.
(4) The place of performance for all services under the existing contract, as well as the place of jurisdiction, is the registered office of YAZIO where the Affiliate is not a consumer but instead a merchant, legal entity under public law or special fund under public law.
Most recently updated on: 07/02/2023