AVIRA Affiliate Program Rules and Guidelines
1. The Publisher guarantees that it will comply with all relevant laws and regulations relating to this Agreement. Upon initial request, the Publisher shall indemnify AVIRA against all third-party demands and claims that originate from the Publisher’s disloyal and/or illegal conduct.
2. In particular, the Publisher guarantees that it will not advertise using contents or an environment, which, on grounds of ethnic background, gender, religion, ideology, nationality, disability, age or sexual identity or against public morals, offend third parties.
3. For each advertising action via the Internet, the Publisher shall create an imprint that explicitly states that the Publisher shall be responsible for its content.
4. The Publisher shall expressly acknowledge AVIRA’s trade mark and proprietary rights, as well as all intangible property rights, and agrees not to infringe said rights. It shall use exclusively the content, images, banners and other materials - hereinafter called Advertising Contents – provided by AVIRA exclusively within the scope of the Program. A change of this stipulation shall be permissible only upon AVIRA’s consultation. The Publisher is authorised to use the Advertising Contents within the scope of the Program in compliance with the respective applicable AVIRA Brand Guidelines. Consequently, the Publisher will on no account acquire trade mark and proprietary rights in the applied Advertising Contents and/or other rights of AVIRA or its companies. The Publisher shall expressly point out that it is not the author and/or holder of right in the Advertising Contents.
5. The Publisher shall not infringe trade mark rights, proprietary rights or other third-party rights and shall indemnify AVIRA against all liability and reimburse AVIRA all costs incurred in connection herewith. AVIRA reserves the right to assert additional claims. The Publisher shall notify AVIRA immediately if a third party asserts claims against the Publisher. AVIRA is authorised to cancel without notice this Agreement and other agreements concluded with the Publisher.
6. The Publisher does not own or operate a Website name or an e-mail address, which, as a constituent part, contains the term ‘AVIRA’, ‘AntiVir’, ‘free-av’, ‘AHeaD’ or another product or registered brand name of AVIRA, including names in modified and/or falsified form. Furthermore, the Publisher is prohibited from calling itself ‘official’ Website, ‘official AVIRA Website’, ‘official dealer’ or similar. In the case of third-party rights having been violated, the Publisher agrees to stop sending e-mails in whole or in part, should this be requested by AVIRA.
7. The Publisher will not create contents (e.g., Internet pages) that are similar to or recreate AVIRA’s offer.
8. The Publisher shall not use Internet pages that are interposed and reroute potential customers to a third page (so-called doorway pages), which is in the process of being developed or produces an error message. If an error is displayed in the Program sequence of the Publisher’s Internet page, the Publisher must remedy the error immediately. The exclusively permitted rerouting is to the AVIRA Online-Shop.
9. The Publisher shall not use any type of adware or malware for its measures. In addition, it shall not use programs that reroute the data flow to third parties (e.g. to other affiliates or Publishers) for its own benefits.
10. If, in connection with this Agreement, the Publisher commits offences to the detriment of AVIRA or third parties, this will result in the agreement’s immediate cancellation. Furthermore, the Publisher shall indemnify AVIRA against all costs and payments of penalties.
11. The Publisher, having been authorised by AVIRA to contact customers by e-mail, gives it assurance assures to send e-mails to third parties only if sending such e-mails is legally permissible.
12. Search engine marketing is permissible only to a limited extent. Using the terms ‘AVIRA’, ‘AntiVir’, ‘free-av’ or ‘AHeaD’ (refer to item 6.) is not permitted with any search engine. In the case of conflicts with other publishers or affiliates or search engine marketing commissioned by AVIRA, the Publisher shall agree to accept AVIRA’s decision on further procedure.
13. The Publisher shall not link its measures regarding AVIRA with those regarding other companies, especially not with measures of other anti-virus software manufacturers or manufacturers of PC security solutions.
14. The Publisher may not assign the rights and duties from this Agreement to third parties. If the Publisher engages third parties as vicarious agents, it shall ensure that said vicarious agents accept the above regulations.
15. The Publisher acknowledges that all data, which is collected within the scope of this Program upon forwarding to AVIRA, exclusively belongs to AVIRA.
16. This Agreement expressly contains no exclusivity.
17. This Program is for an unlimited term and either party may cancel it by e-mail within a time limit of seven (7) days. Should the Publisher violate one of the regulations of the Program, AVIRA has the right to cancel this Agreement immediately, notwithstanding other existing terms and conditions regarding this Program. AVIRA’s cancellation by e-mail shall take formal effect. AVIRA may demand reimbursement of all costs incurred due to the Publisher’s violation.
18. If the agreement is cancelled, the Publisher shall immediately destroy all (Advertising) Contents supplied by AVIRA and notify AVIRA of the destruction upon initial request. A potentially existing obligation to maintain secrecy regarding the content of this Agreement shall continue to exist.
19. AVIRA reserves the right to modify the Program anytime with immediate effect. It also is the Publisher’s duty to regularly obtain information on modifications. Should one of the modified regulations be unacceptable to the Publisher, it shall notify AVIRA and discontinue its participation in the Program anytime with immediate effect.
20. Should individual provisions of this Agreement be or become invalid or be in violation of the legal provisions, this shall not affect the validity of the agreement as a whole. Within the scope of interpretation, the parties shall reach an agreement coming as close as possible to the provisions to be replaced.
21. The applicable law shall apply to the respective Program. As a rule, it shall be assumed that German law shall apply, subject to the exclusion of the UN Sales Convention. The jurisdictional venue is Local Court Munich I, Germany.