Terms and Conditions of the autohero.com Affiliate Program
- General provisions
1. Users of these terms and conditions of the autohero.com affiliate program (hereinafter the “T&Cs”) are AUTO1 Group Operations SE, Bergmannstraße 72, 10961 Berlin, and Autohero Plus Spain S.L. C/ Rosario Pino, nº 14-16, 1ª Planta, 28020 Madrid, (AUTO1 Group Operations SE and Autohero Plus Spain hereinafter collectively “Autohero”).
2. Autohero operates in the field of vehicle trading and operates, inter alia, https://www.autohero.com/es/ (hereinafter individually the “Platform” and collectively the “Platforms”).
3. Publishers may use the affiliate-marketing network AWIN (hereinafter “AWIN”) operated by AWIN AG, Landsberger Allee 104 BC, 10249 Berlin, Germany, to promote products and services of Autohero (hereinafter the “Autohero Affiliate Program”).
4. These T&Cs apply to the exclusion of all others to an agreement between Autohero and participants in the Autohero Affiliate Program (hereinafter collectively referred to as “Partners” and individually as “Partner”). The Partner is an entrepreneur as defined in sect. 14 German Civil Code (Bürgerliches Gesetzbuch – BGB) and is registered with AWIN as a publisher. The Partner applies via AWIN to Autohero for participation in the Autohero Affiliate Program.
5. Autohero does not accept any other general terms and conditions of the Partner — in particular general terms and conditions conflicting with, or deviating from, these T&Cs — including to the extent that they contain individual provisions that are not contained in these T&Cs. General terms and conditions of the Partner will only become part of an agreement if Autohero has expressly consented to them in writing.
6. These T&Cs apply in addition to the general terms and conditions of AWIN as applicable from time to time (hereinafter the “AWIN T&Cs”). In the event of inconsistencies between these T&Cs and the AWIN T&Cs, these T&Cs shall take precedence.
B. Participation in the Autohero Affiliate Program
1. A contract between Autohero and the Partner regarding participation in the Autohero Affiliate Program (hereinafter referred to as “Contract”) only comes into existence via the application procedure of AWIN under which the Partner makes an offer for participation in the Autohero Affiliate Program and, in that process, accepts these T&Cs. The Partner has no entitlement for its offer to be accepted. The selection of advertising partners is in Autohero’s sole discretion.
2. The application procedure itself is subject to the AWIN T&Cs.
3. The Autohero Affiliate Program does not give rise to any contractual relationship between the parties beyond a Contract.
C. Services to be provided by the Partner
1. The Partner operates a website or application or offers a service (including, for instance, email services) which is suitable for marketing the products and services of Autohero (hereinafter an “Advertising Space”, and several of them the “Advertising Spaces”).
2. The Partner undertakes to be solely responsible for placing the means of advertising provided by Autohero via AWIN, such as, for instance, widgets, banners, text links and logos (hereinafter “Means of Advertising”), on its Advertising Space(s) registered in the Autohero Affiliate Program. The contracting parties may also agree that the Partner shall create its own Means of Advertising or other content for advertising with Autohero. Modification of the Means of Advertising without the prior consent of Autohero is not permitted.The Partner is free to decide whether and for how long it places the Means of Advertising on the Advertising Space. The Partner is entitled to remove the Means of Advertising at any time.
3. The Means of Advertising (both those provided by Autohero via AWIN and those created by the Partner) and any other content related to the Autohero Affiliate Program and where Autohero is mentioned must be approved by Autohero in writing (e-mail is sufficient) prior to placement on the advertising space or other publication.
4. The Partner must implement, in the Partner’s source code, the code snippets associated with the Means of Advertising in question and undertakes to modify these at the request of Autohero. Autohero reserves the right to work, at least in part, with dynamic code snippets of third-party service providers (e.g. display servers) in order to be able to modify Means of Advertising independently and without advance notice.
5. If a potential customer uses the Means of Advertising published by the Partner (e.g. by clicking on the Means of Advertising), he or she will be redirected to a Autohero Platform.
6. Autohero reserves the right to change the target URL of the Autohero Platform at any time and without prior notice.
D. Fee
1. The contracting parties commonly agree a fee on the order basis. An order is a successfully concluded purchase or instalment purchase agreement on the platform of Autohero (hereinafter a “Transaction”). The purchase and instalment purchase agreement shall only be deemed to have been successfully concluded if they are not revoked by the buyer or cancelled in any other way. In particular, an order does not exist if the visitor to the platform of Autohero does not successfully register on the platform or does not completely generate a lead, does not complete the purchase process, revokes or otherwise cancels or cancels the contract (e.g. by declaring a withdrawal), financing for the instalment purchase contract is not granted by Autohero, makes two or more orders at the same time or the selected vehicle cannot be sold.
2. Clicks and orders placed by the Partner or by the Partner’s relatives and acquaintances that were generated improperly and/or contrary to part E. and/or to the purpose of these T&Cs shall not trigger an obligation to pay a fee. Insofar as the Partner is a legal entity, this shall also apply to its corporate bodies, vicarious agents and affiliated companies within the meaning of §§ 15 et seq. German Stock Corporation Act, as well as organs and vicarious agents of a company affiliated with the Partner within the meaning of §§ 15 et seq. German Stock Corporation Act.
3. In accordance with the AWIN T&Cs, the Partner is entitled to be paid commission by AWIN with regard to Transactions that have been generated during the active session and its 30-day cookie lifespan.
4. Accrual and amount of this commission are governed by the agreements entered into with AWIN and are not the subject of these T&Cs. The current rates of commission can be found in the information for affiliates of the Autohero Affiliate Program on the AWIN platform.
5. All activities of the Partner are recorded via AWIN tracking and made available to the Partner via statistics and reports of AWIN. Based on the valid Transactions, the commission is calculated and approved by Autohero within 60 days.
E. Obligations of the Partner
1. The Partner is fully responsible for the setup, operation and maintenance of its Advertising Space. In particular, the Partner shall ensure that the Advertising Space is designed in compliance with competition and data protection laws. During the term of contract, the Partner may not place any content that violates applicable law, morality or the rights of third parties. In particular, depictions glorifying violence, sexual and pornographic content and images, misleading statements or discriminatory content (e.g. with regard to gender, race, politics, religion, nationality or a disability) are prohibited. Such content may not be displayed on the Advertising Space itself, nor may links be made to such content on other websites.
2. Any form of improper use – i.e. generating Transactions by way of dishonest methods or inadmissible means that infringe applicable laws and/or these T&Cs – is prohibited. The Partner is prohibited, in particular, from using one or several of the following practices in order to try and generate Transactions or to try and procure an attribution of Transactions to the Partner:
i. faking Transactions which have not actually taken place, for example by providing third-party details without authorization or providing false or non[1]existing details when ordering products or services on the Autohero Platform as well as deceiving potential users/customers about the range of services offered by Autohero or the terms of Autohero;
ii. using forms of advertising which, while they do enable tracking, (i) do not display the Means of Advertising at all, (ii) do not display the Means of Advertising in the agreed manner, (iii) display the Means of Advertising in a manner that runs counter to these T&Cs (iv) do not display the Means of Advertising in the stipulated format and/or size;
iii. other forms of affiliate fraud (in particular cookie spamming, forced clicks, affiliate hopping) as well as the use of layers, add-ons, traffic hijacking, iFrames and postview technology, in order to achieve an increase in volume of Transactions to the detriment of Autohero.
3. The Partner will install the tracking code in accordance with the AWIN T&Cs. The Partner must not change and/or manipulate the tracking code in order to generate Transactions that have not occurred in reality.
4. In the absence of written consent of Autohero the Partner is not permitted to use promotional emails to promote Autohero. In the event that Autohero has consented in writing, the following applies:
i. The Partner undertakes to carry out promotional emailing campaigns solely subject to compliance with the double-opt-in procedure as well as taking into account all applicable provisions of competition law and information obligations under consumer law, in particular the obligation to provide a legal notice (Impressum) and an option to unsubscribe. The Partner shall indemnify Autohero against all claims asserted by third parties due to misleading and/or missing and/or inaccurate details in promotional emails which fall within the Partner’s sphere of responsibility.
ii. The Partner warrants that its promotional emails do not breach, whether directly or indirectly, German and/or foreign intellectual property rights of third parties and/or other rights.
iii. The Partner undertakes to refrain from using the name of Autohero or of the product to be promoted or of the service to be promoted - neither in the email address of the sender nor in the subject line of the email nor in the source code - and shall make sure that it has been sufficiently ensured that the Partner is identifiable as the sender of the promotional email.
iv. All Means of Advertising require prior approval by Autohero in text form before being used.
5. The Partner is prohibited from maintaining websites on the internet which might be confused with the Autohero Platforms. The Partner is neither allowed to mirror Autohero Platforms nor to adopt any graphics, texts or other content of the online presence of Autohero Platforms. In particular, the Partner must avoid creating the impression that the Advertising Space is a Autohero project or that its operator is commercially linked to Autohero in a way that goes beyond the Autohero Affiliate Program and the Contract.
6. Any use of materials or content from the online presence of Autohero as well as its logos or trademarks by the Partner requires prior written approval by Autohero.
7. It is prohibited to bid on and/or to place keywords with the word components Autohero, autohero.com, autohero.es (hereinafter “Autohero Marks”) for purposes of generating traffic for the Partner’s platforms via search engines such as Google, Bing and Yahoo as well as display networks. The same shall apply if marks that are capable of being confused with the Autohero Marks (e.g. variations and spelling mistakes) are used as keywords.
8. Without express written permission by Autohero, bidding on and/or placing keywords on the subjects ‘car sales’ and ‘car valuations’ (and/or ‘sale of vehicles’ and ‘valuations of vehicles’) for purposes of generating traffic for the Partner’s platforms via search engines such as Google, Bing and Yahoo as well as display networks is not permitted.
9. Paid direct traffic from social-media platforms & apps such as Facebook, Twitter, Snapchat or Instagram to landing pages of the Partner’s platforms which contain descriptions of goods or services offered by Autohero is prohibited.
10. The direct single or multiple forwarding (known as doorway traffic) of search-engine and display-network traffic to Autohero platforms is not permitted.
11. The Partner is not permitted to register the Autohero Marks or similar marks (e.g. typos) as domain names and/or to promote them via advertising networks. Redirects to Autohero Platforms are prohibited.
12. The Partner is not permitted to use Autohero marks or similar marks, either in the advertisement text or in the heading of his advertisement.
13. The Partner must refrain, in particular, from setting up any of the following features on its Advertising Space:
● pop-ups/-unders, site-unders, layers ● paid mailers, forced-click systems ● toolbars ● crawling the Autohero Platform ● torrent traffic ● Facebook ads / fan pages / offers with a company logo and/or a registered trademark of Autohero as well as equivalent Twitter & Facebook offers ● Cashback
14. At the request of Autohero, the Partner shall immediately remove Means of Advertising of Autohero from the Partner website.
15. If the Partner infringes the provisions as per this part E., then the Partner must compensate Autohero for the loss/damage and expenses caused thereby. Where Autohero has reason to believe that the Partner has infringed the provisions of this part E., Autohero is entitled to terminate the Contract with the Partner regarding the participation in the Autohero Affiliate Program without notice. The same applies in the case of a culpable breach of other industrial property rights and copyrights of Autohero committed by the Partner. Any other claims of Autohero against the Partner are not affected by this. In particular, Autohero is entitled vis-à-vis the Partner to retain or cease providing all services owed pursuant to these T&Cs and/or the Autohero Affiliate Program.
F. Services to be provided by Autohero
1. Upon admission to the Autohero Affiliate Program, a wide range of Advertising Materials will be made available to the Partner.
2. Autohero operates its Platform and the services offered and product details provided thereon within the limits of the technical possibilities available to Autohero. Within these limits, Autohero does not owe the fault-free and uninterrupted availability of the Platform. The quality of the products, Means of Advertising or csv files offered by Autohero on the Platform are in Autohero’s sole discretion.
G. Term and Termination
1. The term of a Contract depends of the duration of the Partner’s participation in the Autohero Affiliate Program on AWIN.
2. Autohero may at any time terminate the Contract without notice if the Partner infringes these T&Cs, if the quality of the Transactions is poor or if Transactions are generated improperly by the Partner.
3. After termination of the Contract, the Partner shall, immediately and unprompted, delete or return the information and Means of Advertising that were provided to it. There is no right of retention in this regard. At Autohero’s request, the Partner shall confirm the deletion to Autohero in writing.
4. Transactions generated after the termination of the Contract regarding the participation in the Autohero Affiliate Program do not result in any payment obligation.
H. Confidentiality and Exclusivity
1. Confidential information is all information and documents of the respective other party that has been labelled as confidential or that must be considered confidential under the circumstances. This includes, in particular, information regarding terms, sales specifics as well as evaluation materials that were provided by Autohero.
2. The parties agree to keep confidential information secret. The Partner will disclose confidential information only to those members of staff who need to be aware of such information in order to implement a Contract. The Partner shall place such members of staff under an obligation to keep the confidential information secret during, and also after the end of, their working relationship.
3. The confidentiality obligation applies for an unlimited period of time beyond the term of a Contract.
4. The Partner shall not provide any services for Autohero’s competitors during the term of the Agreement. Autohero’s competitors are companies from the area of online car trading (new and used cars) as well as car leasing and car subscription, and online platforms for these products/services, in particular but not limited to mobile.de, autoscout24, heycar, cazoo, yesauto or meinauto.de.
I. Data Protection
1. The contracting parties shall comply with their respective obligations regarding data protection. The contracting parties shall cooperate, to an appropriate extent, for purposes of data protection.
2. The Partner guarantees (gewährleistet) and hereby accepts responsibility to ensure that, during the contractual term, the Partner possesses all rights and consents in order to process personal data (to the extent that that is necessary). All consents must comply with the requirements of the GDPR. If emails are sent by the Partner, they may only be sent to email addresses that were collected as part of the double opt-in process.
J. Exclusion of Liability
1. In the event of simple negligence (einfache Fahrlässigkeit), Autohero is only liable for the breach of material contractual obligations, i.e. those on whose compliance the Partner can commonly rely for the proper implementation of the Contract. In all other respects, Autohero is only liable for gross negligence (grobe Fahrlässigkeit) or intent (Vorsatz) and for injuries to life, body, and health.
2. Where Autohero is liable for slight negligence, such liability is limited to foreseeable damage that typically occurs.
K. Indemnity Claim
In the event that any claims are asserted due to the alleged or actual infringement of a right and/or the infringement of third-party rights by acts carried out by the Partner in connection with the participation in the Autohero Affiliate Program, the Partner shall indemnify Autohero against all claims of third parties arising therefrom. In addition, the Partner undertakes to reimburse all costs which Autohero may incur as a result of any such claims being asserted by third parties. The reimbursable costs include reasonable legal defense costs.
L. Final Provisions
1. In order to be valid, the transfer of rights and obligations under a Contract by the Partner requires the prior written consent of Autohero. The Partner may only offset claims or exercise a retention right against claims of the other contracting party that are undisputed and have been upheld and declared unappealable by a court of law.
2. Autohero reserves the right to amend these T&Cs at any time. The Partner will be notified of any changes by email. Should the Partner not agree with the changes, it is entitled to notify Autohero of this fact no later than four weeks from receipt of the notification of change. If such notification is not provided within that period, the changes will be deemed to have been accepted and will enter into force upon expiry of that period. Autohero shall notify the Partner in the notification of change of the significance of the four-week period.
3. The contractual relationship between Autohero and the Partner and the rights and obligations of the contracting parties arising therefrom shall be governed by the laws of the Federal Republic of Germany to the exclusion of private international law and of the United Nations Convention on Contracts for the International Sale of Goods (CISG).
4. Exclusive place of jurisdiction for all current and future claims that arise from the parties’ business relationship is the Local Court (Amtsgericht) of Tempelhof[1]Kreuzberg, Berlin, Germany, or the next-higher court in the event that the subject[1]matter jurisdiction lies with such court. Autohero may, at its discretion, bring a legal action at the Partner’s general place of jurisdiction.
5. There are no oral ancillary agreements to any Contract entered into under these T&Cs. Amendments and supplements to any Contract entered into under these T&Cs must be made in writing. The same applies to the change or repeal of this clause. Electronic documents in text form do not meet the written-form requirement.
6. If individual provisions in any Contract are invalid or unenforceable, this does not affect the validity of the remaining provisions of such Contract. The contracting parties shall endeavour to replace the invalid or unenforceable provision with such provision that, in legal and commercial terms, best meets the contractual objective. The same applies in the case of a gap.
If you have any queries, the Affiliate Team of Autohero is at your disposal at any time. Please contact: affiliate@auto1.com
