Affiliate Program – Terms & Conditions
§ 1 Application
The terms and conditions below govern the contractual relation between the provider of the Affiliate Program Quantum Trade Solutions UG limited (“merchant”) and its participants (“affiliates”).
§ 2 Joining the Program
Upon joining the Affiliate Program, applicants are required to fill-in the program`s signup form. This Affiliate program is open to businesses in accordance with Para. 14 of the German Civil Code (BGB) only.
All applications are subject to final approval by the merchant. No applicant is entitled to approval of his application and the merchants is not required to approval a certain application.
All participants are required to provide accurate data upon signing up to the program and to keep aforementioned data up to date.
§ 3 Affiliate’s commission
Affiliate commission is based on sales made by customers referred from the affiliate´s homepage (Pay-Per-Sale). The individual level of commission is subject to agreement with the merchant. All commissions are automatically forfeited to the merchant if the affiliate is found in violation of his obligations set out in these terms and conditions.
The payment of the affiliate´s commissions is due at the end of each month’s following the customers’ purchase. In case the customer withdraws from his purchase within 30 days the affiliates entitlement to a commission will elapse.
To receive payments the affiliate is required to either have a PayPal Account or a Wire Transfer ready banking account.
The merchant shall credit the affiliate`s bank account once a month based on sales by customers referred from the affiliate`s homepage. Within Germany such credits are subject to VAT. The applicable VAT will be collected by the merchant and passed on to the relevant tax authority.
Within the European Union, the reverse charge procedure is applicable and the tax liability rest with the affiliate. No VAT is applicable concerning affiliates based outside the European Union.
If a European Union affiliate fails to provide the merchant with a valid national VAT Identification Number, the merchant is law-bound to collect and pass on the applicable VAT.
§ 4 Affiliate Responsibilities
The affiliate is required to comply with the following practices:
(i) Click bots or any other manipulated click behavior may not be made use of.
(ii) Automated pop-ups or pop-unders when leaving the affiliate site may not be made use of.
(iii) Manipulated placement of cookies on the website visitor´s device is not allowed.
(iv) Information about the merchant´s product may not be misleading, fraudulent and may not constitute a breach of law, e.g. competitive law or third party rights, e.g. intellectual property rights.
(v) Any other manipulation concerning the accountability between a sale and the affiliates advertising is prohibited.
(vi) provide upon registration the merchant with a valid VAT Identification Number issues by the relevant national tax authority.
(vii) abide by the relevant tax regulations and tax laws of the country or jurisdiction of registration or operation.
§ 5 Affiliate´s advertising
For advertising the affiliate must use his own website. The website may not be of violent, sexual or illegal content or infringe third party rights, e.g. intellectual property law.
Posting advertisements and links in forums, blogs or blog commentaries on third party websites, social media and Google AdSense et cetera is prohibited under these terms and conditions.
§ 6 Usage of advertising material (banners et cetera)
Merchant´s advertising material such as banners may be used for the sole purpose of the Affiliate Program und is subject to the termination of the contract.
Unless with written consent from the merchant, banners and other graphic material of the merchant shall neither be modified nor use in whatever capacity by the affiliate.
§ 7 Termination of contract
The contract may be terminated by either party at any time.
§ 8 Indemnification
In case of claims brought against edgewonk.com for violations of any law or third party rights, the affiliate will indemnify edgewonk.com if the violation is based in the affiliate´s conduct or responsibility. Indemnification entails any financial damage, such as compensation, fines, fees and costs for legal proceedings.
§ 9 Liability
In case of intent or gross negligence on the part of the merchant or by his agents or assistants in performance, the merchant is liable in accordance the provisions of applicable law; the same applies in case of breach of fundamental contract obligations. To the extent the breach of contract is
unintentionally the merchant´s liability for damages shall be limited to the typically predictable damage.
The merchant´s liability for culpable damage to life, body or health as well as our liability under the Product Liability Act shall remain unaffected. Any liability not expressly provided for above shall be disclaimed.
§ 10 Applicable Law, Jurisdiction
This contract shall be governed by the laws of the Federal Republic of Germany (excluding the Convention on Contracts for the International Sale of Goods).
Place of performance and exclusive place of jurisdiction for all disputes arising out of or in connection with this contract shall be, where applicable, Offenbach, Germany.