(1)The business partner program shown on the website www.Xpellshop.com is offered by the company Xpellshop. For all contracts with partners, it is the following conditions that apply exclusively. The also apply for all future partnerships, even if they are not expressly agreed upon at that time. Agreement is given upon registration for the partner program.
(2) Any differing terms and conditions of participants, insofar as they are not explicitly accepted by Xpellshop in written form, are non-binding.
2. Conclusion of the contract
(1) A contract is concluded through Xpellshop's acceptance of a participant's registration. The employees at Xpellshop are not authorized to make additional agreements orally or to give oral confirmations on anything exceeding what is laid out in the contract.
(2)Participation in the partner program is not permitted for minors.
Every participant is required to register with Xpellshop. He must indicate his name or, in the case of an enterprise, the name of the person authorized representative, in addition to his postal address (not: post-office box),telephone number, fax, and email address. The participant is responsible for swiftly informing Xpellshop of any changes. Incorrect information entitles Xpellshop to immediate cancellation.
(1) Participants in the partner program are called partners. Partners advertise by setting up hyperlinks to Xpellshop's offers. For this, they will receive remuneration in accordance with the following conditions.
(2) Participation in the partner program is offered to the partners free of charge. Advertising choices may be made freely by partners and they may at any time delete or exchange the links used. Links may be created in the partners section.
(1) For each sale, Xpellshop pays the partner, according to the following stipulations, a sum that is determined by him.
*Pay per sale:
Each sale that proceeds from the site of the partner via the links created in the Partners section is counted. For each sale, the commission is a percentage of the sum of the contract. In the case that a concluded contract becomes ineffectual or is cancelled or in any other way is rescinded, the commission is revoked.
(2) The rate of a valuation is determined by Xpellshop ahead of time. Xpellshop reserves the right to change this rate at any time with a period of notice of three business days; the minimum is 1%. Partners will be informed of any change immediately by Xpellshop.
6. Logging and Valuation
(1) Xpellshop logs all sales and records sales statistics. Partners' sales are available in the protected partners section.
(2) Partners are obliged to integrate the html code made available by Xpellshop, which is required for the capture and logging of users who go through the websites of the partners (code obligation). Xpellshop informs partners of the necessary technical adjustments via email. Partners are responsible for the immediate integration of any adjustments. In the case of failure to install logging codes, or their deletion or manipulation, Xpellshop is authorized to terminate the agreement without notice.
(3) The partner is solely responsible for a correct transmission of the referrer code.
(4) The html codes supplied by Xpellshop may not be altered by the partners. Should they be altered, Xpellshop reserves the right to termination without notice.
7. Contract penalties
(1) In the event that a partner deliberately tries, through serious manipulation attempts (see example in article 6) to influence the statistics and thereby the invoice amounts payable to him by sponsors, a contract penalty of 2,500.00 EUR plus sales tax will be exacted. The same applies if a user who has been barred from the program due to behavior contrary to contract participates or attempts to participate in the program under a false name.
(1) In the Partners section, the partner is able to settle orders and receive commissions. Although there is no time requirement, the commission must exceed 25 EUR per request. If payment by check is desired, a processing fee of 2.50 EUR applies.
(2) In the event that the partner is obligated to pay the German sales tax, the German sales tax will be added to the payment. The partner is obliged to inform Xpellshop of any changes to his obligations to pay the sales tax with proof from the tax office responsible. If no proof is made available at the time of billing, the sales tax will be withheld and paid to the tax office. For organizational reasons, an offset of this amount at a later date is not possible.
(3) If the monthly balance due does not exceed 25.00 EUR, payment will be added to the following month's payment. No payment of interest will take place. If the partner terminates before payment has taken place, the monthly balance will fall on the side of Xpellshop if the payment due does not exceed 25.00 EUR; otherwise payment will proceed with the following settlement.
9. Notice of defects and guarantees
Participants are responsible for promptly verifying performance and payment. Obvious defects must be promptly reported to Xpellshop in written form. Defects that cannot be immediately detected even upon careful examination are to be reported to Xpellshop in written form immediately following detection.
(1) The contract may at any time be terminated with a grace period of three business days.
(2) The right to premature termination for important reasons remains untouched. Any attempt to influence the contractual valuations entitles Xpellshop to termination without notice. This applies especially in cases of profuse clicks executed by the participant, use of misleading links or unlawful content, spam, manipulation of or failure to install the logging code or the giving of false information. We reserve the right to further indemnity claims and especially to the enforcement of contract penalties according to article 7 of this contract, as well as the right to issue a demand for a penalty.
11. Technical defects
(1) Xpellshop guarantees a monthly average of 95% availability of service. Within this time, sales services through the Xpellshop website are guaranteed.
(2) Xpellshop does not take responsibility for deliberate attacks by third parties (i.e. hackers, computer viruses, DoS attacks) that are directed at Xpellshop's servers or the internet.
12. Forbidden content
(1) It is not permitted to send undesired advertising emails (spam), to use misleading links or to provide false email addresses, names or any other data.
(2) Xpellshop does not check the content of the partner sites and is not responsible for it. The participant must exempt Xpellshop from any and all damages that occur through non-observance of this obligation.
(3) In the event of an infringement of this contractual obligation, Xpellshop is authorized to terminate the contract without notice.
13. Limitation of liability
Indemnity claims against Xpellshop may not be pursued unless deliberate or gross negligence or the infringement of a contractual obligation has taken place. The same applies as far as compensation for indirect damage or consequential harm is requested. All liability is limited to damages foreseeable at the conclusion of the contract and damages that are typical in such cases.
14. Textform (§ 126b BGB)
As the minimal formal requirement, explanations to Xpellshop as well as changes to the contract must be communicated in the form of a text (textform, i.e. email, fax). This also applies for the annulment of the requirement for textform.
16. The place and court of jurisdiction, applicable law
The place of execution for all obligations and court of jurisdiction for all disagreements arising form this contractual relationship is Regensburg if the contractual partner is a tradesman or legal entity under public law. The contractual relationship is subject to the law of the Federal Republic of Germany to the exclusion of UN sales law.
17. Severability Clause
Should an article of one of these conditions be ineffectual, the effectuality of all remaining conditions remains untouched.