PARTNER PROGRAM PASSION BAROQUE - TERMS AND CONDITIONS
§ 1. PREAMBLE(1) The partner program on the website shop.passion-barock.com (hereinafter referred to as the partner program) is an offer from Passion-Barock eU (hereinafter referred to as Passion-Barock). The following contractual conditions apply exclusively to all partner contracts. They also apply to all future business relationships, even if they are not expressly agreed again. They are accepted by registering for the partner program.
(2) Any deviating terms and conditions of the participants are non-binding unless they have been expressly accepted in writing by Shop.Passion-Barock.com.
§ 2 CONCLUSION OF CONTRACT(1) A contract is concluded after the participant has registered and is accepted by Passion-Barock. Passion-Barock employees are not authorized to make oral side agreements or give oral assurances that go beyond the content of the contract.
(2) Minors are excluded from participation in the partner program.
(3) The contract is concluded for an indefinite period.
§ 3 ELIGIBILITY TO PARTICIPATE / REGISTRATION(1) Any website operator is entitled to participate in the partner program, whose content, regardless of how it is communicated (website, email, etc.), is free of:
- politics
- Erotica or pornography
- weapons
- Violence, especially glorification of violence
- Drugs
- Criminally relevant content, especially insults
- generally illegal content or content that violates the rights of third parties
- Links to the content listed above.
To participate, the terms and conditions must be accepted.
(2) Each participant must register for the partner program by registering. When registering, the participant must provide his or her name, and in the case of companies, that of the authorized representative, as well as postal address (not PO box), telephone number, email address and the address of his or her website. Incorrect information entitles Passion-Barock to terminate the contract.
Participants in the partner program are responsible to Passion-Barock for the completeness and accuracy of the information. The registration data and information regarding their partner program account must be kept up to date.
(3) Passion-Barock checks the pages manually in order to avoid problems such as those arising from § 3 No. 1 in advance and to be able to guarantee its own quality standards. There is no right to be included in the partner program. Shop.passion-barock.com reserves the right to reject a registration.
§ 4 PARTNER/PARTNER OBLIGATIONS(1) Participants in the partner program are partners. The partners advertise the offers of shop.passion-barock.com by placing hyperlinks. They receive remuneration for this in accordance with the following provisions.
(2) Participation in the partner program is free of charge for partners. Partners are free to choose the advertising media offered and can remove or replace the links used at any time.
(3) The partner is obliged, within the scope of its technical possibilities, to present and display its website, including all entries in search engines, third-party link lists, newsgroups or directories, in such a way that only valid sales are made by users on the pages of Shop.passion-barock.com.
(4) The use of protected brands, names and trademarks is generally only permitted if the partner has the consent of the rights holder. The website/advertising material must be designed in such a way that the industrial property rights of third parties, in particular copyright, are not infringed and applicable law, including data protection, is not violated.
(5) The partner is obliged to provide its commercial offers with a provider identification in accordance with applicable law. The partner undertakes to design its website in compliance with the statutory provisions for consumer protection if commercial services or goods are offered.
(6) The design of the website / advertising material must not negatively affect the reputation or esteem of Shop.passion-barock.com, the brand, the business operations or the products.
(7) The use of e-mails or other advertising material (flyers, cover letters, etc.) is permitted to the partner in compliance with the statutory provisions (in particular Section 7, paragraphs 1-3 of the German Unfair Competition Act) and current case law (e.g. BGH judgment of March 11, 2004, case number I ZR 81/01).
(8) If the Partner advertises on third-party websites, he guarantees compliance with the rules and obligations set out in point 4 of these Terms and Conditions on these websites.
§ 5 ADVERTISING COSTS REIMBURSEMENT(1) Shop.passion-barock.com shall pay the Partner an advertising cost reimbursement to be determined by the Partner for each sale in accordance with the following clauses.
Pay per Sale: Only customers who conclude an effective purchase agreement in the online shop of Shop.passion-barock.com within 30 days of being arranged by the partner are considered. The remuneration is a percentage of the contract value and is usually 10%. If the concluded contract is invalid or is revoked or otherwise annulled, the commission is canceled. The basis for the percentage remuneration is the net sales price of the goods or services (excluding VAT, shipping and packaging costs, discounts and price reductions).
(2) Overlaps in customer referrals are regulated in the partner program using the "Last Cookie Wins" method. The remuneration is credited to the partner who last referred the customer.
§ 6 PAYMENT(1) Shop.passion-barock.com creates a monthly statement for the partner regarding the credits made. The payment of the commission accrued up to the end of the month is made automatically on the 30th of the following month by bank transfer or PayPal.
(2) In the case of the Partner’s liability to pay Austrian VAT, the payment will be made plus the statutory Austrian VAT. The Partner is obliged to Shop.passion-barock.com must be informed immediately of any change in the VAT liability with proof from the responsible tax office. If no proof is available at the time of invoicing, the VAT will generally be withheld and paid; subsequent invoicing is not possible for organizational and technical reasons.
(3) If the monthly balance does not exceed EUR 25.00, the payment will be made together with the payment for the following month. No interest will be charged. If the payment to be made is less than EUR 25.00 in the event of early termination by the partner, it will still be refunded and the payment will be made with the following statement.
(4) The partner is obliged to provide valid bank details in his personal partner area. For losses resulting from incorrect bank details, Shop.passion-barock.com assumes no liability.
(5) Any transfer costs incurred for international transfers shall be borne by the partner and shall be deducted from the commission.
(6) If there is suspicion of fraud or if there is a specific case of fraud, Shop.passion-barock.com will pay out the commission.
§ 7 MINUTES AND EVALUATION(1) Shop.passion-barock.com records all sales and records them statistically. The records are available in the protected partner area.
(2) The partners are obliged to Shop.passion-barock.com to integrate the HTML code provided on their website, which is necessary for the recording and logging of users coming from the partner websites (code requirement). Shop.passion-barock.com will inform the partners about necessary technical adjustments by email. The partners are obliged to implement any adjustments immediately. Manipulation of the data collection codes entitles Shop.passion-barock.com for termination without notice.
(3) The hyperlinks, banners and information required for participation are provided by Shop.passion-barock.com is available to the partner for retrieval. The partner may not change the HTML code or banners provided. The use of the advertising material is only permitted in connection with participation in the partner program. If the partner allows the advertising material to be used on third-party websites or by third parties, he releases the activists from liability and responsibility for commission payments to them.
(4) The partner is solely responsible for the correct forwarding of the referrer.
(5) The Shop.passion-barock.com HTML codes for links, banners, etc. may not be changed by the partners. In cases of changes, Shop.passion-barock.com is entitled to terminate the contract without notice.
§ 8 NOTICE OF DEFECTS AND WARRANTYParticipants must check the service and the billing immediately. Obvious defects must be reported in writing immediately upon payment. Defects that cannot be discovered immediately, even after careful inspection, must be reported to Shop.passion-barock.com in writing immediately after discovery.
§ 9 TERMINATION/DEACTIVATION(1) The contract may be terminated at any time without notice in writing.
(2) Shop.passion-barock.com is entitled to deactivate the partner's account and to inform the partner of this if the partner has not participated in the partner program or has not generated any sales for 12 months.
(3) If the account is deactivated, the partner will be billed using the existing credit balance.
(4) The affected partner is obliged to remove all references and advertising material after termination. Shop.passion-barock.com . No invoice will be paid for orders placed after the termination date, even if the partner does not remove the references from its website.
(5) If the partner has been deactivated, he or she is not entitled to register for the partner program again. Any credit earned will expire.
(6) The right to extraordinary termination for good cause remains unaffected. Any attempt to influence the contractual evaluations entitles Shop.passion-barock.com is entitled to terminate the contract without notice. This applies in particular to mass self-clicks, the use of misleading links or illegal content, spam, manipulation or non-installation of the data collection codes or false information. Further claims for damages and in particular the assertion of a contractual penalty in accordance with No. 6 of this contract as well as the filing of a criminal complaint remain reserved in all cases.
§ 10 PERFORMANCE DETERMINATION(1) Shop.passion-barock.com guarantees an availability of the service of 95% on average per month. During this time, billing is via Shop.passion-barock.com guaranteed.
(2) Shop.passion-barock.com is not responsible for deliberate attacks by third parties (hackers, computer viruses, DOS attacks, etc.) on its pages and on the Internet, nor for technical failures at our Internet service provider.
(3) Shop.passion-barock.com is entitled to continuously develop its platform and adapt it to further technical developments.
(4) Shop.passion-barock.com is entitled to hand over the provision of services or parts thereof to third-party service providers or vicarious agents for permanent or one-off execution.
§ 11 PROHIBITED CONTENT(1) Sending unsolicited e-mail advertising (spam), using misleading links and providing false e-mail addresses, names or data is prohibited.
(2) Shop.passion-barock.com checks the content of the partner sites upon registration, but is not responsible for them. The participant has Shop.passion-barock.com from all damages that Shop.passion-barock.com shall indemnify us for any damages arising from a breach of this obligation.
(3) If this contractual obligation is violated, shop.passion-barock.com is entitled to terminate the contract without notice.
§ 12 GENERAL LIMITATION OF LIABILITYClaims for damages against Shop.passion-barock.com are excluded unless there is intentional or grossly negligent conduct or the violation of a contractual obligation. The same applies if compensation for indirect or consequential damages is required. Any liability is limited to the damage that was foreseeable at the time the contract was concluded and is typical for such cases.
§ 13 TEXT FORMStatements to Shop.passion-barock.com and changes to the contract must be made in text form (email) at least. This also applies to the cancellation of the text form requirement.
§ 14 DATA PROTECTION(1) Personal data are processed by Shop.passion-barock.com is stored electronically exclusively within the framework of the contractual relationship. The partner's name, address, telephone number, fax number, email address, bank details, IP address and domains are stored. Data is only passed on to third parties if this is necessary for the fulfillment of the obligations and provisions regulated by this contract. The partner is aware that Shop.passion-barock.com may contact him directly by telephone or email as required.
(2) Personal data relating to the use of services will only be collected, used or processed to the extent necessary to enable the user to use goods or services or to bill for services.
(3) The partner’s personal data will be processed by Shop.passion-barock.com will treat your data in accordance with the privacy policy.
§ 15 PLACE OF PERFORMANCE, JURISDICTION, CHOICE OF LAWThe place of performance for all obligations and the place of jurisdiction for all disputes arising from the contractual relationship is Austria, provided that the contractual partner is a merchant or a legal entity under public law.
§ 16 RIGHT TO CHANGEIf Shop.passion-barock.com intends to change these terms and conditions, hop.passion-barock.com inform the partner of this. If the partner does not object in due time and in the correct form, these will come into effect with a period of notice of 14 days after receipt of the notification. The objection is only timely and in the correct form if it is submitted in writing within 7 days after receipt of the change to hop.passion-barock.com . hop.passion-barock.com will inform the partner of the options for objection, its form, deadline and legal consequences even if the objection is not made within the deadline.
§ 17 SALVATION CLAUSEShould any clause of these terms and conditions be invalid, the validity of the remaining terms and conditions shall remain unaffected.
If you have any further questions, please contact us at info@passion-barock.com or +43 677 64826629.