Terms and Conditions Affiliate Program

General Terms and Conditions of the Advertiser for the Affiliate Advertising Partner Program

Table of Contents

Scope
Conclusion of Contract
Subject of the Contract
Functionality of the Partner Program
Compensation
Billing and Payment
Our Duties
Rights and Duties of the Partner
Limited Usage Rights, Disruptions of the Electronic Offer
Indemnification/Contractual Penalty
Liability
Confidentiality
Contract Duration, Termination of the Contract, Consequences of Termination, Suspension
Final Provisions

1. Scope

(1) These participation conditions (hereinafter referred to as “GTC”) apply to the contractual relationship between dr reinwald vital ltd, Lord Byron Str. 61-63 5^th Fl., 6023 Larnaka, Cyprus and the contractual partners (hereinafter referred to as “Partner”) of the affiliate advertising partner program for the platform dreinwald.com (hereinafter referred to as “Partner Program”).

(2) This agreement neither establishes a company or partnership nor an employment relationship or commercial agency contract between the contractual partners. Neither party is authorized to act on behalf of the other party and/or to accept offers or make declarations for the other party.

(3) Contracts concluded as a result of the partner’s advertising activities are concluded solely between us and the users.

2. Conclusion of Contract

(1) A contract between us and the partner for the placement of advertising materials is concluded exclusively via our online application process by email. By applying, the partner submits an offer to participate in the partner program and accepts our affiliate GTC. A contract is only concluded when we expressly declare acceptance of the offer, activate the partner account, or release specific advertising materials for the partner.

(2) There is no entitlement to participate in the partner program and to conclude a contract with us. We can reject individual partners at any time without stating reasons. We also reserve the right to reject inquiries and orders from users without justification.

3. Subject of the Contract

(1) The subject of this contract is participation in the partner program, which aims to increase the sales of our products via our platform dreinwald.com. Through their advertising activities, the partner acquires users who register on our platform according to section 4.3 of these GTC and generate product orders through it. Participation in the partner program is free of charge for the partner. For this purpose, we provide the partner with a selection of advertising materials at our discretion through the partner program.

(2) The partner places the content released for them on their own responsibility on their websites and social media channels registered and approved in the partner program (hereinafter referred to as “Partner Channels”). The partner is free to decide whether and how long they place the content on the partner channels. They are entitled to remove the content at any time.

(3) For advertising and subsequently successfully mediating conversions (and resulting product orders) by recruited users, the partner receives an advertising fee. The details are set out in section 5 of these GTC.

(4) The partner program does not establish any other contractual relationship between the parties beyond this contract.

4. Functionality of the Partner Program

(1) The partner must register for the partner program on our platform dreinwald.com with the data requested during registration. After registration, a partner account is set up for the partner, through which the partner can manage their partner activities. Furthermore, the partner must complete their partner account with the necessary contact, billing, and payment data and thereby give us consent to use it.

(2) The partner is provided with a specific registration link with an individual ID as a referral code for our platform dreinwald.com in their online area for retrieval, with which recruited users of the partner can be identified when they register via the link. The correct technical integration is the sole responsibility of the partner. Any ambiguities resulting from this are at the partner’s expense.

(3) The cookie lifetime is 45 days. This means that once the user clicks on the registration link, they have 45 days to register. Only if they register within this period are they considered assigned to the partner.

(4) Through the customer account of our platform dreinwald.com (“dr.reinwald Dashboard”), the partner receives an overview of the recruited users with the respective advertising fee.

5. Compensation

(1) The contractual partner receives performance-based compensation for their advertising activities from us if product orders result from them, generated by a user recruited by the partner.

(2) The claim for payment of the compensation arises only under the following conditions:

through the partner’s advertising activity, a user has registered on the platform drreinwald.com according to section 4.3 and achieved a lead and resulting product orders.
Lead and product orders have been recorded (“tracked”) by us,
Lead and product orders have been approved and confirmed by us, and
there is no abuse in the sense of section 6.2 of these GTC.

(3) A successful product order is considered an order placed via drreinwald.com with one or more products that have been paid for and shipped (Pay-Per-Sale). Only those fees that are paid unconditionally and whose underlying transaction is neither pending ineffective nor contestable and/or no longer subject to a statutory right of withdrawal (right of withdrawal, right of return) that can be exercised without justification are eligible for successful advertising remuneration. Reversals (e.g., if the end customer has not paid or payments made by them are refunded) – regardless of the reason – are not considered successful product orders.

(4) Up to six months after receipt of payment, credits or payments of commissions can be corrected and reclaimed by us if the underlying payments have been wholly or partially refunded to the claimant. If compensations are provided and it later turns out that the underlying transactions were mediated in violation of the contractual agreements, we have a right of reclamation. Reclamations for other reasons remain unaffected.

(5) Orders from the partner, economically affiliated companies, or their relatives are not subject to compensation.

(6) Offers to or sales from resellers or other partners of dr.reinwald vital who are participants in the partner program or maintain sales promotion cooperations with us are not subject to compensation.

(7) Orders resulting from partner leads generated through partner channels or other advertising spaces, where we have requested the partner to remove the advertising materials, are not subject to compensation. This applies from the time of the request.

(8) The tracking system we use is decisive for determining whether a product order is based on a partner lead. Unless otherwise specified in the partner program or individual campaigns, the “Last Cookie Wins” principle applies with a cookie lifetime of 45 days. We are not obliged to pay if and to the extent that the tracking system fails or a malfunction occurs that makes it impossible or only possible with considerable effort to assign leads or sales and orders to individual partners.

(9) The amount of compensation depends on the success of the advertising activities, which is determined by the number of ordered or sold individual products by the recruited user. The decisive factor is the actually invoiced net value of the products after deduction of VAT, promotion voucher amounts, discounts, and other price reductions. Other possibly incurred service fees, such as shipping and handling costs, as well as taxes, duties, or customs, are not part of the compensation-relevant revenues. The partner receives per sold product that has been shipped,

a percentage advertising fee of at least 15% in the “Basic” level.
Premium partners, especially therapists and others familiar with the application concept and webinar content of dr.reinwald, who provide a qualified recommendation, are granted 20%.
From an annual turnover of 250,000 EUR (cumulative net turnover of all recruited users), the partner is classified as a Professional Partner with 25%.

(10) The compensation period per recruited user is indefinite as long as the partner is active. If a partner has not recruited new users within 12 months, they are considered inactive, and their compensation claim for all previously recruited users expires.

(11) All stated advertising fees are understood as net fees. Billing or credits are paid net (i.e., without VAT) using the reverse charge procedure to the partner. We point out that it is the partner’s responsibility as the service recipient to tax the received advertising fees in their respective country.

6. Billing and Payment

(1) The advertising fee is provisionally credited to the partner’s internal account upon shipment of the product, subject to cancellation in case of return (return period 14 days).

(2) We will provide the partner with the monthly billing of compensation claims from the 20th of the following month in their partner account. The partner will promptly review the billing. If the partner has objections to a billing, they must be asserted in writing to us within two weeks. After this period, the billing is considered accepted.

(3) Payment is made monthly, possibly offsetting refund amounts, via PayPal with discharging effect to the PayPal account stored by the partner in the partner account. Upon request, we also review other payment methods. Any money transfer fees (e.g., for bank accounts abroad) are borne by the partner.

7. Our Duties

(1) We provide the partner with a selection of advertising materials (e.g., advertising banners, text links, videos, and images) (hereinafter referred to as “Advertising Materials”) for individual campaigns at our discretion.

(2) We ensure appropriate tracking of visitors who reach our website via the advertising materials integrated by the partner into their website. We ensure the assignment of any orders generated by a user acquired by the partner.

(3) We operate our platform and the services offered on it within the technical possibilities available to us at our discretion. We do not owe error-free and/or uninterrupted availability of the website. The quality and correctness of the products and advertising materials offered on our website are at our sole discretion.

(4) We also commit to paying an advertising fee according to section 7 under the conditions set out there.

8. Rights and Duties of the Partner

(1) The partner is responsible for the content and ongoing operation of the partner channels and will not place any content there during the term of this contract that violates applicable law, good morals, or third-party rights and/or is suitable to damage our reputation. We are entitled but not obliged to check the partner channels. The partner is particularly prohibited from spreading content that

racism,
glorification of violence and extremism of any kind,
calls and incitement to criminal offenses and/or violations of the law, threats against life, limb, or property,
agitation against individuals or companies,
defamatory statements, defamation, insults, and slander of users and third parties, as well as violations of competition law,
copyright-infringing content or other violations of intellectual property rights or sexual harassment of users and third parties

represent, concern, or include. Such content must neither be integrated into the partner channels themselves nor may they link from the partner channels to corresponding content on other websites.

(2) Any form of abuse, i.e., the generation of leads and/or product orders through unfair methods or impermissible means that violate applicable law and/or these GTC, is prohibited. The partner is particularly prohibited from attempting, either themselves or through third parties, to generate leads, orders, and/or sales or to ensure their assignment to the partner using one or more of the following practices:

pretending leads and product orders that have not actually taken place, e.g., by unauthorized indication of foreign or false or non-existent data when ordering goods on our website.
using advertising forms that allow tracking but do not display the advertising material, do not display it perceptibly, or do not display it in the specified form and/or size.
Cookie Dropping: Cookies must not be set when visiting the website but only when the user of the partner website has previously voluntarily and consciously clicked on the advertising material.
other forms of affiliate fraud (especially cookie spamming, forced clicks, affiliate hopping) as well as the use of layers, add-ons, iFrames, and post-view technology to increase leads.
embedding advertising materials in violation of sections 9.3 and 9.4, using legally protected terms for us or third parties, particularly trademarked terms, in search engines, in ad placements, or in advertising the partner website without our express prior written consent. The partner is particularly prohibited from maintaining websites on the internet that could lead to confusion with us or the products we offer. The partner must not copy our website, landing pages, or other appearances of ours or adopt graphics, texts, or other content from us. The partner must avoid creating the impression that the partner channels are a project of ours or that their operator is economically connected with us in a way that goes beyond the partner program and this contract. Any use of materials or content from our appearance and our logos or trademarks by the partner requires our prior written approval.
The partner undertakes to respect third-party industrial property rights and, in particular, not to use trademarks, company names, and product titles that are not related to the articles offered by dr.reinwald vital, neither openly readable nor in hidden form (e.g., white text on white background or covered by graphics) or embedded in the HTML code (e.g., in meta tags) or by using them as keywords in connection with advertising offers from dr.reinwald vital. This prohibition also applies to all advertising models based on the CPC billing model. Paid search engine marketing – SEM – is generally not permitted.
The partner is also obliged not to use harassing advertising methods with customers in connection with advertising our company, our brand, and/or our products.
The partner may only maintain one account for the platform drreinwald.com for the partner program. The partner is expressly prohibited from operating multiple accounts with different email addresses.
The partner is not permitted to use the partner program for their own dr.reinwald sales.

(3) The partner undertakes to operate their partner website(s) in compliance with applicable law and, in particular, to maintain a proper imprint.

(4) The partner is obliged not to use any other statements or content for the products of dr.reinwald vital than those released by us.

If advertising is carried out using content from dr.reinwald vital, the partner must ensure the regular updating of the data we provide. This is to take into account the current state of product developments and to avoid violations of third-party rights and unfair practices.

(5) Email advertising containing advertising materials or otherwise advertising for us may only be carried out if it has been approved by us in advance and if all recipients have given express consent to advertising by email and a verification of the email address has been conducted and documented using a double opt-in procedure.

(6) The partner will promptly remove advertising materials from the partner channels if requested by us. This also applies, in particular, to channels where we do not or no longer wish the integration of advertising materials for any reason.

(7) The partner will not place context-based advertisements (especially social media ads, e.g., on Facebook and Instagram, Google AdWords, or AdSense) that contain our name, company keywords, or trademarks or are delivered due to the use of corresponding keywords. The same applies to the names of our products.

(8) The partner undertakes to refrain from any electronic attacks on our tracking system and/or our websites. Electronic attacks are considered, in particular, attempts to overcome, bypass, or otherwise disable the security mechanisms of the tracking system, the use of computer programs for automatic data reading, the application and/or distribution of viruses, worms, Trojans, brute force attacks, spam, or the use of other links, programs, or procedures that can damage the tracking system, the partner program, or individual participants of the partner program.

9. Limited Usage Rights, Disruptions of the Electronic Offer

(1) The advertising materials and our other content are protected by copyright and/or other industrial property rights. We grant the partner a simple and non-exclusive right to use these advertising materials for the duration and purpose of this contract.

(2) Any alteration, reproduction, distribution to third parties, dissemination, or public reproduction of the advertising materials or a substantial part thereof in terms of type and scope requires our prior written consent, insofar as it goes beyond the scope granted in the preceding paragraph 1.

(3) The partner may not alter the advertising materials and/or hyperlinks provided by us and may only use them on contractually approved websites and only for contractual purposes. The use of other advertising materials or links is expressly not permitted. The use of the provided advertising materials or links on other websites than those approved is also expressly not permitted. The contractual partner is obliged to use hyperlinks to prove mediated transactions only on pages approved by dr.reinwald vital and only during the contract term, in particular not to use them – even not through redirections – on other pages or in search engine advertisements. If the partner wishes to use advertising materials other than those provided, they must be approved by us in writing before use.

(4) The partner is not authorized to load the dr.reinwald vital website or advertising materials in an iFrame. Furthermore, all practices aimed at attributing referrals to the partner without the visitor of the partner’s website having clicked on a link marked as advertising are prohibited.

(5) The partner is particularly not authorized to use mechanisms, software, or other scripts in connection with the use of the data and participation options provided by us that may disrupt or disproportionately burden the functioning of the websites drreinwald.com. This applies, in particular, to measures and data connections that may result in an unreasonable or excessive load on the infrastructure of dr.reinwald vital. Furthermore, they are not authorized to give their advertising the appearance of being from dr.reinwald vital.

(6) We are entitled to revoke the permission to use the provided content in individual cases to avert imminent disadvantages. In the event of revocation, the content must be removed immediately.

10. Indemnification/Contractual Penalty

(1) The partner indemnifies us and our employees or agents from all claims of third parties arising from alleged or actual violations of rights and/or violations of third-party rights by actions taken by the partner in connection with the partner program. Furthermore, the partner undertakes to reimburse all costs incurred by us due to such claims by third parties. Reimbursable costs also include the costs of an appropriate legal defense.

(2) The partner undertakes to pay a contractual penalty to be determined by us at our reasonable discretion, subject to judicial review in the event of a dispute, for each case of abuse according to sections 8.2 and/or 9.3 and/or 9.4. The contractual penalty will not exceed twelve times the partner’s highest monthly turnover within the last six months before the abuse. Further claims for damages remain unaffected by this regulation.

11. Liability

(1) Except for the liability in sections 8 and/or 9 of this contract, the liability of the parties to each other under this contract is limited to intent and gross negligence and – in the case of breach of essential contractual obligations – to simple negligence. This also applies to the liability of employees, representatives, and vicarious agents. The limitation of liability does not apply to claims arising from initial inability or attributable impossibility. If dr.reinwald vital breaches an essential contractual obligation, the obligation to compensate is limited to the typically occurring damage.

(2) We do not provide any warranty and make no representations regarding the continuous maintenance of its offers, its homepage, or the products sold through its homepage. Furthermore, we expressly do not assure that the operation of our platform drreinwald.com will be uninterrupted and error-free.

12. Confidentiality

(1) The partner undertakes to keep all knowledge of our business and trade secrets or other confidential information obtained in the course of the contractual relationship confidential indefinitely (even beyond the end of this contract), to use it only for the purposes of the contract, and in particular not to disclose it to third parties or otherwise exploit it. If information is designated by us as confidential, there is an irrefutable presumption that it is business or trade secrets.

(2) The partner must obligate their employees and other persons they use to fulfill their contractual obligations to confidentiality in a manner corresponding to the preceding paragraph (1).

13. Contract Duration, Termination of the Contract, Consequences of Termination, Suspension

(1) The contract runs for an indefinite period and can be terminated by either party at any time without notice and without stating reasons.

(2) In addition, the right of the parties to terminate the contractual relationship by extraordinary termination for good cause remains unaffected. For us, a good cause justifying extraordinary termination exists, in particular, in the following cases:

negligent or intentional breach of the partner’s obligations under this contract, in particular, a breach of sections 8 and/or 9 of these GTC.
breach of obligations under this contract and failure to remedy or cease the breach despite our corresponding request,
a case of abuse in the sense of section 6.2.

(3) Upon termination of this agreement – regardless of the reason – all participation rights granted to the partner under this agreement expire. In particular, they are no longer entitled to link to offers from dr.reinwald vital for business purposes and/or use equipment, graphics, brands, or provided content and must refrain from doing so.

(4) Termination can be made by email. A termination declared by us by email is considered received on the day it is sent to the email address specified in the partner account. We can also declare termination by restricting access to the partner account. The partner can declare termination by deleting the partner account. The contract is terminated upon receipt of the termination.

(5) After termination of the contract, the partner is obliged to immediately remove all advertising materials and other links from us from the partner channels. This also applies to websites or other advertising media where the partner has integrated the advertising materials and content or links without being authorized to do so.

(6) Leads, sales orders, and sold or ordered products generated after the termination of the contract do not lead to a compensation obligation.

(7) Instead of termination, we can also suspend the customer account and freeze all achieved commissions in the cases of section 13.2. This also applies if there is merely a justified suspicion of abuse according to section 8.2. We will inform the partner of the reason for the suspension and lift the suspension when the reasons that led to the suspension have been clarified and, if necessary, eliminated. Leads generated and/or products ordered and sold during the suspension period do not lead to a compensation obligation. Any refund of already paid commissions is subject to individual case review.

(8) Compensation claims in connection with the termination of this contract are excluded.

14. Final Provisions

(1) This agreement reflects the content of the contractual agreements between the parties conclusively and replaces all previous agreements between the parties concerning the subject matter of the contract. No side agreements, including oral ones, have been made.

(2) Should any provision of this contract be invalid or void or should the contract contain a loophole, the remaining provisions of the contract shall remain unaffected. Instead of the invalid or missing clause, a provision that comes closest to the economic sense and purpose intended by the parties and withstands legal scrutiny shall apply.

(3) We provide our services exclusively based on these GTC. The partner’s own terms and conditions require our express written consent and therefore do not apply even if we do not expressly object to their validity.

(4) We reserve the right to adapt these GTC at any time. Any changes will be communicated to the partner by email. If the partner does not agree with the changes, they are entitled to notify us of this until the expiration of four weeks from the receipt of the change notification. In this case, we have a special right of termination. If such notification is not made within this period, the changes are considered accepted and come into effect at the end of the period.

(5) Furthermore, we reserve the right to change guidelines and operational as well as order-technical processes at any time. Product prices and availability can change at any time.

(6) The partner is not entitled to transfer rights and obligations from this contract to third parties or successors without our consent. The assignment of claims remains unaffected.

(7) This contract is governed exclusively by Cypriot law.

dr.reinwald vital ltd.
Lord Byron Street 61-63, 5th Floor
CY-6023 Larnaka
Tel.: +49-9187 808780
eMail: shop(at)drreinwald.com

Hochwertige vegane Nahrungsergänzung online kaufen

VAT Reg.No. CY10408306M