General Terms and Conditions of the Saxoprint GmbH Digital- & Offsetdruckerei partner programme

Transcription

1 General Terms and Conditions of the Saxoprint GmbH Digital- & Offsetdruckerei partner programme By applying for a publisher job with the Saxoprint GmbH (in the following: Saxoprint) partner programme, in addition to the network s general terms you also accept the following conditions of participation. 1. Subject Matter 1.1 Purpose The partnership s object is advertising, in which the advertiser (publisher) electronically advertises the merchant (Saxoprint) and for what the former receives a profit-related payment in return. The publisher is at least 18 years of age and of full legal capacity. He also needs to hold a European bank account. Publishers who predominantly advertise vouchers and discount codes to their end customers will not be accepted as partners. 2. Advertising Material and Channels 2.1 Use of Advertising Material Solely the advertising material contractually provided by Saxoprint and taken use of in line with the Affiliate Programme must be used. Any changes regarding advertising material are prohibited. Individual advertising material is available on request. 2.2 Vouchers The publisher is entitled to exclusively issue vouchers and discount codes having been explicitly provided by Saxoprint in line with the partner programme for this very purpose and after Saxoprint has approved their release in writing. It is not permitted to advertise outdated campaigns. Upon suggestion by Saxoprint, concerned advertising must be removed immediately. All sales based on vouchers and discount codes that did not receive an up-front approval by Saxoprint are cancelled. The publisher does not receive any payment in return Marketing All s that include Saxoprint contents need to be sent to affiliate@saxoprint.com beforehand and to be approved by Saxoprint in writing, at least by . Advertising s must be sent solely to addressees who have explicitly agreed to advertising by , e.g. via a double opt-in. Any paid mailing is prohibited on the part of the publisher. If Saxoprint notice any sales to be generated by non-approved s or paid mailing, no commission will be disbursed in return. The corresponding sales are cancelled.

2 2.4 Search Engine Marketing SEM is only allowed to a limited extent. If applied, the publisher is neither allowed to use the brand name Saxoprint nor a similar notation nor a combination of words. The publisher is also not allowed to link to domains related to the brand name Saxoprint, such as Saxoprint.de, Saxoprint.at, Saxoprint.ch, Saxoprint.es, Saxoprint.co.uk and Saxoprint.fr. Direct forwarding is prohibited, the publisher must always interconnect an own advertising space. Publishers commit themselves to handing over the entered keywords or reporting comprising the stipulated period when required by Saxoprint. Search engine spamming is prohibited. Sales that were generated by unpermitted advertising or the keywords excluded above are cancelled and not compensated for. If the publisher does not disclose the keywords he is using within the period allotted when required by Saxoprint, his corresponding sales are likewise cancelled and not compensated for. 3. Services and Obligations on the part of Saxoprint Saxoprint ensure to operate their websites within the framework of their technical capabilities. In case of damages caused by technical defects or access suspension, Saxoprint is not liable for the corresponding damages. Saxoprint is liable for damages that result from gross negligence or deliberateness. 4. Services and Obligations on the part of the Publisher 4.1 Qualifying for the partner programme Via the network, the publisher submits his applications which will be closely examined by Saxoprint prior to taking up his activity. Saxoprint alone decide whether the applicant is approved or declined. To receive an approval, a completed website, a full impressum (legal notice), a validated ad space as well as the exclusion of the contents mentioned under 4.2 Advertising Space are required. Saxoprint reserve the right to exclude publishers from the programme should a random review reveal contents mentioned under 4.2 Advertising Space. There will be no approval for websites that are still under construction, lacking a full impressum (legal note), having a slower-than-average loading time as well as websites that require to log in to take a look at the content. If in retrospect an advertising space proves to comply with the aforementioned circumstances, Saxoprint is going to cancel the partnership with the respective publisher. 4.2 Advertising Space The publisher ensures that the advertising space he is using to advertise Saxoprint meets the specifications of the German Telemedia Act.

3 The publisher is exclusively responsible for the content of the advertising space. As to all pages on which he integrates advertising material of Saxoprint, the publisher is incumbent upon preventing the contents mentioned below from publishing and causing to be published respectively and to do not permit the linking to websites containing contents as follows: Violence, glorification of violence Pornography Drugs Threat to children and juveniles Discrimination or insult in terms of citizenship, race, gender, religion, disability or sexual preference All Saxoprint-related contents of the publisher s advertising space need to be up-to-date at all times. This includes e.g. discount campaigns or company-related information. Outdated contents are expected to be either removed or replaced by updated input prepared by Saxoprint. The publisher must not use any advertising space bearing the likelihood of confusion with original websites by Saxoprint or the Saxoprint corporate group. The advertising material provided must be solely placed on ad spaces having been specified by the publisher via the network. In case of any changes or if another space is added, this needs to be applied for with the network. In addition, Saxoprint needs to be informed before hand by to affiliate@saxoprint.com at least one month before integrating any Saxoprint advertising material. 4.3 Cookies A cookie may only be placed if the user carries out his click deliberately and by choice. Merely showing advertising material does not suffice to place a cookie. the advertising material that is used was explicitly provided by Saxoprint for these purposes and to eventually generate a click. 4.4 Prohibitions The following points are prohibited: cookie dropping/ cookie spreading/ cookie stuffing possible actions such as pop-ups forcing a user to click (forced clicks) non-stop forwarding sharing commission schemes, e.g. cash back paid clicks, paid mails Sales that are generated using the aforementioned actions are cancelled and not compensated for on the part of Saxoprint. Saxoprint products must not be offered via Google Shopping. The publisher is not entitled to act in place of Saxoprint in terms of preparing and accepting proposals.

4 4.5 Orders for Personal Use Orders for personal use refer to orders that are placed with regard to advertising material by the publisher or rather by the website operator for either personal use or resale. These orders are prohibited and will not be compensated for. 4.6 Response Obligation The publisher must response and reply to requests and enquiries sent by Saxoprint within the respectively stipulated period. Saxoprint is going to approach the publisher by via the network. There is a specific obligation to inform on the part of the publisher towards Saxoprint as far as the advertising material, keywords and advertising channels (e.g. are any banners intended in line with the advertising aim, is SEM requested or are ad s to be distributed) taken use of are concerned. In case of sales whose generation is unclear to Saxoprint and if the publisher is unable to provide a corresponding detailed and comprehensible explanation, there will be no compensation and these sales may be cancelled if necessary. 4.7 Liability and Contractual Penalty Any infringement of one of these obligations will result in a cancellation without notice given by Saxoprint as well as a possible cancellation of all outstanding sales. All rights and claims on the part of the publisher expire. This notice of cancellation can be given without indicating any reasons. The publisher is liable for damages to Saxoprint resulting from faults of his own. Saxoprint reserves the right both to enforce claims from the publisher, in particular claims for damages, and, if necessary, to take further legal steps. The publisher exempts Saxoprint from any third-party claims raised due to his imputable behaviour towards Saxoprint. Without prejudice to legal injunctive reliefs, claims for damages and miscellaneous claims, Saxoprint is entitled to a contractual penalty amounting to EUR 5,000 for each individual non-compliance with competition law, copyright, the right to a name or trademark law. 5. Basis of Remuneration The bases of remuneration are sales the publisher generates by means of advertising material having been provided by Saxoprint via the network. Always provided that the value of the shopping basket exceeds EUR 0.00 (e.g. no compensation for print sample orders). 6. Privacy All information the publisher obtains in line with his co-operation with Saxoprint is to be treated as strictly confidential. 7. Adjustments 7.1 Adjustment of the General Terms and Conditions Saxoprint may carry out amendments to the General Terms and Conditions at all times. In this regard, publishers are informed before hand by via the network and are able to access the

5 updated version. Unless the publisher enters an objection within a week upon receipt of this , the modified terms are considered as accepted. 7.2 Adjustment of Remuneration & Remuneration Saxoprint reserves the right to amend the commission scheme, the disbursement, the basis of remuneration as well as the methods of payment at any time. Pursuant 7.1 Adjustment of the General Terms and Conditions, publishers will be informed about amendments by via the network one week in advance. 8. Duration of Contract and Rescindment The contract does not include any minimum duration. It is closed over an unspecific period. The partnership may be terminated at any time by both the publisher and Saxoprint. The termination will be undertaken using the network function destined for this purpose. Within a day s time, the publisher must remove all Saxoprint material still in use from his advertising space. In case of failure to comply with one of these stipulated regulations or a corresponding assumption in this regard, Saxoprint may immediately and without any indication of reasons exclude the publisher from the partner programme. If necessary, unprocessed sales are to be cancelled. Saxoprint reserves the right to instantly and without any indication of reasons dismiss publishers who neglect their prospects of success. 9. Final Clause 9.1 Severability Clause If one provision of these terms is legally ineffective or impracticable, it shall not affect the remaining terms and conditions. This provision is automatically replaced by another one covering both content and proposition of the ineffective one. Regulatory voids are covered similarly. 9.2 Court of Jurisdiction and Choice of Law The partnership is based on German law with Dresden as the agreed court of jurisdiction. As of: 07/09/2012