EMP ES

General Terms & Conditions

I. Scope/Subject of Contract

These Terms & Conditions apply to the EMP Affiliate Programme described herein.  They govern the collaboration with our publishers.

II. Registration

1. The Affiliate guarantees that they are at least 18 years old with full rights to work.
2. The registration shall take place by means of the submission of the application form for the Affiliate Programme at EMP.
3. We reserve the right to reject an application if we believe that the Affiliate’s website is not suitable for our Affiliate Programme.

III. Duties of the Affiliate

The Affiliate may promote EMP on their own website. The costs incurred during this promotion shall be borne by the Affiliate themselves.

By registering for the Affiliate Programme, the Affiliate commits to agree to the following:

1. To avoid trademark infringements
2. The following activities are forbidden without express permission from EMP:

• Retargeting activities
• Integration of advertising material on Facebook pages
• Post View activities
• Use of Triple Banners
• SMS and MMS as advertising media
• The sending of unsolicited emails containing advertising or other promotional material which requires the agreement of the recipient
• The use of brands or copyright owned by EMP which goes beyond the agreed advertising presentation
• Advertising with the contractual relationship or with EMP as a reference
• The use of an additional website or email as an advertising medium. Only the website registered in the EMP Affiliate Programme may be used for advertising.

3. The Affiliate is responsible for the correct integration of the EMP advertising material

4. Advertising materials are created by EMP and may not be changed by the Affiliate

5. Advertising materials must be removed by the Affiliate if EMP requires

6. EMP may not be integrated in the form of a frame

7. Clicks on advertising material shown on the Affiliate site must lead users directly to the EMP Shop

8. Short-term changes must be possible

9. Compliance with trademark rights must be ensured

10. The Affiliate site may not give the impression of being a legal representative of EMP

11. The Affiliate’s website must adhere to all legal regulations and data-protection legislation

12. A complete and legally correct legal notice must be present

13. The Affiliate’s website may not positively endorse or promote illegal activity, nor include any representation of discriminatory statements regarding: any type of violence, pornographic content, gender, religion, nationality, disability, sexual orientation, age, political and religious concerns, erotic content, gambling content or banner farms.

14. Linking or use of meta tags on the above mentioned content is prohibited

15. Promotion of the EMP partner program via search engine marketing is expressly prohibited. Likewise, EMP may not be advertised using pop-ups, layer ads, adware and forced click advertising formats

IV. Liability of the Affiliate

The Affiliate shall guarantee that their website fulfils the preceding requirements. They shall indemnify EMP from any claim by third parties, if this claim should be connected with the operation of their website, an act or omission by themselves or their representative, employee, contractor or agent or if it should be otherwise attributable to them.

V. Liability of EMP

1. EMP shall be fully liable for damages caused intentionally or due to gross negligence by EMP or its agents.
2. EMP shall be liable for claims arising from fundamental inability or impossibility of performance under the mandatory provisions of the Product Liability Act.
3. If EMP violates a contractual obligation, the obligation to pay compensation is limited to foreseeable, typical damage.
4. EMP will take all appropriate and economically possible measures to ensure the correct functioning of the Affiliate programme, insofar as these are within the responsibility and area of influence of EMP. 
5. The Affiliate itself is responsible for the functionality of the Affiliate website. EMP does not provide any guarantee that the Affiliate’s internet site functions correctly and is available.
6. The content and management of the Affiliate website is not under the influence of EMP. EMP hereby distances itself from said content.
7. If the Affiliate should cause any damage resulting in a claim from a third party, EMP shall not be liable for this. The Affiliate agrees that EMP shall be exempt from liability toward third parties.
8. EMP does not provide any guarantee to the Affiliate and cannot ensure the availability of products or provide any guarantee in the event of any changes to product conditions.
9. EMP shall not be liable in the case that a customer of the Affiliate does not accept the use of Cookies and the generated commission can therefore not be attributed to the Affiliate.
10. EMP shall not be liable for commission lost due to incorrect integration of advertising material.

VI. Cookies

We use Cookies on our website to optimise the experience for our customers and other visitors. Cookies are small text files that are sent from our servers to the visitor’s browser and stored on their device. Cookies do not contain viruses, Trojans or other harmful software. They do not cause damage to the visitor's device.

A Cookie contains information in connection with the specific end device used. Cookies are primarily used to improve and optimise the use of websites and other online offerings. We only use Cookies within the framework of the applicable data protection laws. By using our website, the user agrees to the use of Cookies.

VII. Data Protection Guidelines

We are committed to protecting our users' data and respecting their privacy. This policy is the basis on which we process all personal information we have collected or that has been provided to us.

We will use the data made available to us for the purpose of the technical administration of our online offers as well as the provision of our technologies and services, answering inquiries and to settle any potential contracts. EMP stores data in accordance with legal requirements and contractual obligations. In addition, EMP will take all necessary technical and organisational security measures to protect data against loss, unauthorised access or other misuse.

VIII. Compensation

1. The Affiliate shall receive commission for each purchase made via the integrated advertising material.
2. The amount of commission can be found in the affiliate network.  (The commission shall be between 4.00% - 7.00% per sale / Voucher portals shall receive 3% per sale.)
3. EMP retains the right to change the value of the commission.
4. If the purchase is partially or completely cancelled, the respective commission will be cancelled.
5. The EMP standard cookie duration is 30 days and 24 hours for post view. EMP retains the right to change this at any time.
6. The purchase must be made within 30 days after the customer clicked on the advertisement. If a longer period elapses, the order will not be remunerated.
7. EMP is entitled to withhold all affiliate-related services in the case of violations of the terms and conditions by the Affiliate.

IX. Contract duration/Termination

1. The Contract between EMP and the Affiliate shall be concluded for an unlimited period of time.
2. The Contract may be terminated by either Party at any time with 7 days’ notice.
3. The right to extraordinary termination remains unaffected by the above-mentioned conditions.
4. After the Contract has ended, the Affiliate must immediately delete the advertising material and information which was provided to them.

X. Final provisions

1. EMP has the right to change these T&Cs at any time. The Affiliate will be informed of any changes by email. The Affiliate may reject these changes in writing within 30 days and terminate this Agreement. If neither a rejection of the changes or a termination occurs within this deadline, the T&Cs will be considered to have been accepted.
2. Changes or additions to this Contract require the written form. There is no scope for additional verbal agreements.
3. If any individual clause of this Contract should be or become ineffective or unenforceable, this shall not affect the validity of the remaining clauses of the Contract. EMP and the Affiliate shall attempt to replace the ineffective or unenforceable clause with a new clause which comes as close as possible to the legal and economic purpose of the ineffective or unenforceable clause. The same shall apply in the event of a loophole.