Terms & Conditions ZWILLING Affiliate Programme
These terms and conditions (“Terms”) apply to the affiliate Programme of the online shop www.zwilling.com/uk ("ZWILLING Online Shop") of ZWILLING J.A. Henckels (UK) Ltd., Unit 4 Sence Court, Bardon Hill, Coalville, LE67 1GZ, United Kingdom ("ZWILLING").
General conditions
The Publisher must be confirmed by ZWILLING to participate in the ZWILLING Affiliate Programme. By applying to the ZWILLING Affiliate Programme, the Publisher agrees to these Terms.
Operators of refund systems with a monthly or annual fee cannot participate in the ZWILLING Affiliate Programme.
The contract on the participation in the ZWILLING Affiliate Partner Programme on the basis of these Terms is only concluded when participation is confirmed by ZWILLING. Any contractual terms and conditions of the Publisher shall not become part of the contract, even if ZWILLING does not expressly object to them.
Requirements for Publisher’s website
The Publisher is fully responsible for the content, set-up, operation and maintenance of its website.
This includes all materials that appear on the website.
The Publisher guarantees that its website does not contain any depiction of violence, sexually suggestive images, or discriminatory, offensive or defamatory statements regarding race, gender, religion, nationality, disability, sexual orientation and/or age. This also includes the trivialisation or glorification of drugs and weapons, content harmful to minors and inappropriate use of language as well as links/references to other websites with such content.
The Publisher also guarantees that its website does not contain any political content and that no unlawful acts are undertaken or advocated or positively assessed in any other way.
In connection with the operation of its website, the Publisher is obliged to comply with all statutory information obligations incumbent upon it (e.g., imprint, data protection declaration) as well as data protection requirements (e.g., in the use of cookies) or any other applicable legal requirements.
The Publisher's website must not give the impression that its operators can represent ZWILLING in legal transactions or make and/or receive declarations with effect for or against ZWILLING. The Publisher does not act as a commercial agent or commission agent of ZWILLING. The Publisher will ensure that no such impression is created by its website.
Prohibited actions
The Publisher is not authorised to make or accept offers on behalf of ZWILLING or to represent ZWILLING. Advertising the brands or the ZWILLING Online Shop via spam emails is expressly not permitted. In the event of newsletters or other promotional emails being sent, the recipient must have given prior consent to receive such emails by means of a "double opt-in". Under no circumstances may the impression arise that ZWILLING has initiated the sending. In addition, the sending Publisher must be clearly recognisable as the responsible sender of the newsletter or the advertising email and must be identifiable via the imprint.
The advertising of the brands in or via layer and banner networks, as well as in or via clip lottery, paid mail, paid banner and paid click Programmes is not permitted. Furthermore, within the framework of the ZWILLING Affiliate Programme, post-view activities are only permitted in exceptional cases and with the prior consent of ZWILLING.
The Publisher's website must not contain any spyware, adware, malware, viruses or other harmful codes. The use of any software or proxy services that manipulate URLs and replace them with affiliate tracking links is prohibited. Any software or proxy services that replace advertising banners within pages accessed in the browser with their own advertising banners are also not permitted.
In particular, invisible embedding or integration of iFrames, pop-ups and pop-under applications that load an advertising material or the ZWILLING Online Shop in order to set a cookie with the user (without the user's participation) is prohibited.
The registration of adware networks such as Zango or Hotbar is also prohibited.
The Publisher may only use the address (URL) with which it has registered for the ZWILLING Affiliate Programme as the visible URL.
The advertising of brand products as so-called CSS partners (Comparison Shopping Service partners) in Google Ads Shopping is not permitted.
The Publisher’s website must not in any way create confusion with ZWILLING Online Shop or give the impression that Publisher’s website is part of ZWILLING Online Shop.
Publisher may not use any materials that have not been provided by ZWILLING or approved by ZWILLING.
It is not permitted to place tracking links in such a way that they redirect directly to the ZWILLING website or ZWILLING Online Shop in the event of misspellings (e.g., but not conclusive, such as www.zwliling.de). There must be an actual advertising service through the visible placement of the advertising material provided on the Publisher’s website.
Any kind of URL hijacking, typo squatting and cookie dropping is strictly prohibited.
Crawling the websites of the ZWILLING Online Shop is prohibited.
The use of so-called "forced clicks" is also prohibited.
Voucher White label solutions are excluded from the ZWILLING Affiliate Programme.
Voucher providers may not pass on the vouchers provided to third parties.
The advertising material provided or permitted for one partner segment may not be transferred or used for another partner segment.
ZWILLING reserves the right to work exclusively with selected voucher partners and to provide them with voucher codes during regular promotional periods. Only vouchers that have been explicitly approved and/or communicated by means of a partner newsletter or promotion tool may be advertised. The inclusion of non-network vouchers is prohibited.
Any violation of one of the rules stated in these Terms may lead to the immediate exclusion of the Publisher from ZWILLING Affiliate Programme without notice as well as the cancellation of all open sales.
Duties of the Publisher
In order to be able to ensure proper tracking and reporting as well as billing of mediated orders, the Publisher undertakes to use exclusively and in unchanged form the links, including the target URL, as they are made available to him within the framework of the ZWILLING Affiliate Programme. The Publisher also undertakes not to disguise the referrer or to modify it by using special Programmes.
The Publisher undertakes to regularly (at least once a month) check that the links, logos and other advertising materials provided by ZWILLING are up to date and to replace them.
The links may only be integrated on the website specified by the Publisher when registering for the Programme.
In the event of a domain change, the Publisher undertakes to inform ZWILLING at least one month in advance.
As long as ZWILLING does not object to the use, the new domain is permitted.
The Publisher guarantees complete transparency with regard to the integration of the brands. He undertakes to disclose all pages that are used to promote the brands. If this is not the case, ZWILLING reserves the right to exclude the Publisher from the ZWILLING Affiliate Programme. This also includes affiliate Programmes of ZWILLING Affiliated Companies.
Rights of use
Upon confirmation of participation, the Publisher receives a non-exclusive, non-transferable, revocable right, to use the links, brand logos and other materials provided for the purpose of advertising the ZWILLING Online Shop.
This right applies only to enable users to purchase ZWILLING and ZWILLING Affiliated Companies branded products.
Trademarks within the meaning of these Terms are trademarks and trademark rights that have been applied for or registered by ZWILLING or affiliated companies ("ZWILLING Affiliated Companies") of ZWILLING ("ZWILLING brands").
Any use of ZWILLING brands, copyrights and all other rights of ZWILLING or of ZWILLING affiliated companies or rights licensed by third parties is only permitted with the prior written consent of ZWILLING.
The use of the brand names by third parties is not permitted. The respective brand owner reserves the sole right to advertise the brand by name on Google as well as social networks such as Facebook. The publisher is not permitted to advertise in search engine marketing Programmes e.g. Google Ads, Microsoft Ads, AOL, Naver, Yandex, Baidu etc. with the brand names in the ad title (such as "ZWILLING"). This also applies to brand combinations such as "ZWILLING coupons" as well as to any misspellings - even in other languages.
The use of ZWILLING brands, either in or as part of a domain/sub-domain/metatext of a publisher website, as well as the positioning within an advertising text or as a display URL is strictly prohibited. Any infringement will be legally prosecuted.
ZWILLING brands may not be used as a reference nor may the contractual relationship with ZWILLING be advertised in any other way without the prior written consent of ZWILLING.
Any provided material may not be revised or altered in any way.
The rights of use under these Terms expire upon termination of participation in the ZWILLING Affiliate Programme.
Cookie lifetime and limitations of reimbursement
The cookie lifetime for a click is 60 days, applying the "last cookie wins" principle.
B2B orders will not be reimbursed.
Orders placed via one stop-shopping cooperation partners will not be reimbursed.
Only one order per session will be reimbursed.
Contract changes and contract termination
ZWILLING may change these Terms or discontinue the ZWILLING Affiliate Programme at any time.
We inform the Publisher about changes by email. Changes may concern in particular remuneration, payment modalities as well as prohibitions and restrictions.
If the adjustment is not acceptable to the Publisher, the Publisher may terminate its participation in the ZWILLING Affiliate Programme.
Furthermore, ZWILLING reserves the right at any time to exclude a Publisher from participating in the ZWILLING Affiliate Programme without stating reasons and/or – for legitimate reasons – to withhold commissions.
In the event that the Publisher's participation in the ZWILLING Affiliate Programme is terminated for any reason, the Publisher agrees to immediately remove all links to the websites of the ZWILLING Online Shop and refrains from further using, displaying or otherwise claiming content from ZWILLING. The Publisher must irrevocably delete all content existing in its sphere.
Confidentiality
The Publisher is obliged to treat all confidential information, business and trade secrets of ZWILLING obtained within the framework of the contractual relationship as confidential, in particular not to pass them on to third parties or to use them for purposes other than contractual purposes. The fulfilment of the Publisher's legal obligations remains unaffected.
Confidential information is information that a reasonable third party would consider worthy of protection or that is marked as confidential; this may also be information that becomes known during an oral presentation or discussion. Confidential information may only be used for the purpose of fulfilling the obligations under the contract. The obligation of confidentiality does not apply to information that is already lawfully known to the Publisher or becomes known outside the contract without a breach of a confidentiality obligation.
The confidentiality obligation shall continue to apply beyond the end of the contractual relationship for a period of 3 years.
Liability
In case of intent and gross negligence, also by legal representatives and vicarious agents, ZWILLING is liable according to the statutory provisions. The same applies in the case of culpably caused damages resulting from injury to life, body or health, in the case of damages caused by the absence of a guaranteed quality, as well as in the case of fraudulently concealed defects. In the case of damage to property and financial loss caused by slight negligence on the part of ZWILLING, its legal representatives or vicarious agents, ZWILLING is only liable in the event of a breach of a material contractual obligation, but limited to the amount of the damage foreseeable at the time of the conclusion of the contract and typical for the contract. Material contractual obligations are those whose fulfilment makes the proper performance of a contract possible in the first place and on whose compliance the contracting parties regularly rely and may rely. Liability under the Product Liability Act remains unaffected. Any further liability of ZWILLING is excluded.
ZWILLING is not liable for any disruptions in the availability of or failures in the ZWIILLING Online Shop.
The Publisher indemnifies ZWILLING and the ZWILLING Affiliated Companies from all claims of third parties (e.g., from warnings, claims for damages, liability claims) as well as any costs in connection therewith, including court and lawyer's fees, which are caused by a misconduct of the Publisher or which arise from an infringement of these Terms. This applies in particular to infringements of copyright, trademark, design, competition, tele media and data protection rights or other rights of third parties.
Miscellaneous
The offsetting or exercise of a right of retention by the Publisher due to disputed counterclaims or counterclaims that have not been legally established is excluded.
Any conditions and agreements deviating from these Programme conditions must be confirmed in writing by ZWILLING in order to be effective. This also applies to the waiver of this written form requirement.
The Publisher may not assign the rights and obligations incumbent upon it in whole or in part without the prior written consent of ZWILLING. ZWILLING is permitted to assign the rights and obligations incumbent upon it, in particular to affiliated companies.
Should any provision of these Programme conditions be or become invalid, this shall not affect the legal validity of the remaining provisions.
These Terms, and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation, shall be governed by, and construed in accordance with, the laws of England. Each Party irrevocably agrees that the courts of England shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with these Terms or its subject matter or formation.
