Special Terms and Conditions Affiliates
These special terms and conditions for advertising partners apply to all contracts concluded by eBlocker GmbH, Ludwig-Erhard-Str. 18, 20459 Hamburg (hereinafter “we” or “eBlocker”) and concern that persons or companies (hereinafter collectively referred to as “affiliates”) advertise offers, services or performances of eBlocker. These special terms and conditions also apply to all future orders, services, and performances of the affiliate in the area of advertising/affiliate marketing for eBlocker, even if they are not mentioned separately again. They do not apply to consumers.
1. Subject matter of the contract
1.1. eBlocker offers products in the field of network technology under the Internet address http://www.eblocker.com and other addresses, in particular, to promote data protection and data security, as well as related products, services, and performances.
1.2. These special terms and conditions apply to all contracts and agreements which have as their subject that the Affiliate places, integrates or mediates advertising for eBlocker products or services on the Internet or within the framework of other media.
2.1. A contract between us and the Affiliate for the placement of advertising comes about exclusively through our application procedure, in the context of which the Affiliate submits an offer for participation in the eBlocker affiliate program and thereby accepts these terms and conditions. The affiliate’s participation offer is made within the framework of registration via our website https://www.eblocker.com/affiliate/. During registration truthful and, as far as provided for as mandatory fields, complete information is to be given. The applicant has no claim to acceptance as an affiliate. The affiliate will be informed of his acceptance into the affiliate program.
2.2. The contents and advertising material visible in the context of advertising measures are created, made available and processed by us. The Affiliate may only use other advertising material if we have agreed to the use of the respective advertising material in the respective form in text form (e-mail, letter, fax). The use of advertising material not provided by us without our consent or in a manner not covered by our consent is strictly prohibited. The Affiliate is responsible for the environment of the integration, furthermore for all circumstances not justified by the content of the advertising. The affiliate assures to set cookies only if the respective advertising medium is in visible use on the affiliate website and it comes to a voluntary and conscious click by the visitor. The use of layers, add-ons, iFrames, pop-ups, toolbars and post view technology is prohibited for eBlocker advertising without our consent.
2.3. The Affiliate shall endeavor to present the advertising measures as effectively and prominently as possible within the agreed scope of services.
2.4. The specifications and technical requirements specified and/or agreed by us as well as the content requirements with regard to the advertising measures shall apply. We are entitled to change such requirements/specifications/measures over time if there is a material need for this.
2.5. The Affiliate is an independent, self-employed entrepreneur. He will not become an employee or representative of eBlocker. The Affiliate is not entitled to make or accept statements on our behalf or to give that appearance.
2.6. The Affiliate provides his contractual services himself. The transfer to third parties requires our prior consent.
2.7. The Affiliate is free to decide whether and for how long to place the advertising material on the Affiliate’s website. He is entitled to remove the eBlocker advertising media at any time.
2.8. Prior to the first publication of the advertisement, eBlocker must release the integration and the advertising environment. The release takes place in text form (e-mail). We are entitled to refuse release for objective reasons.
2.9. We strive for continuous availability and readiness of our services and internet pages. However, we do not guarantee the long-term availability and availability of our offers and information. If the contents of the advertisement are not only affected for a short time by the possible unavailability of eBlocker services, the affiliate will inform us about this circumstance. We make every effort to restore the contents as quickly as possible.
2.10. Advertising measures are, as far as granted, to be provided with the provider identification of eBlocker provided by us, which, like other components of the advertising measure, may not be removed, covered or changed. The affiliate will provide a provider identification according to the legal regulations for his internet pages.
2.11. eBlocker strives for a technical examination of the advertising measures for possible damaging software. However, appropriate measures cannot exclude the possibility that potentially damaging code may be used in advertising measures, for example through new types of viruses. eBlocker, therefore, accepts no liability for damage or loss of data caused by potentially damaging program components, insofar as no intentional or grossly negligent action on the part of eBlocker is responsible for this. The Affiliate ensures that his data processing is protected against malware such as viruses and Trojans in accordance with state of the art and the importance of the data.
3. General obligations of the Affiliate
3.1. The following advertising measures are not permitted and the Affiliate will not use them within the scope of his advertising measures for us:
- AdWords and search engine advertising
- SMS, instant messenger, chat services, phone, fax
- Entry services (registration for services/actions/competitions, etc. of third parties) and bonus systems
3.2. The following applies to e-mail advertising: only the advertising media and texts provided by us may be used here as well. The integration of further advertising material and texts is only permitted and otherwise not permitted with our prior written consent. Each promotional email must contain a correct and accurate sender through which the affiliate can be identified. Each promotional email must provide a working way to unsubscribe. The advertising partner is responsible for ensuring that cancellations are processed correctly and without delay and that addresses do not receive any further advertising e-mails from the advertising partner or third parties acting at its instigation after a cancellation. In the case of e-mail advertising, the advertising partner is responsible for ensuring that all recipients (mailbox owners) of the advertising e-mail have agreed to receive the advertising and that consent is possible, stating the content of the consent, the date of the declaration of consent and the details of the consent (in particular the domain for which an Internet-based consent was granted). The advertising partner is also responsible for ensuring that the consent has been given in compliance with the requirements of competition law and data protection law (in particular § 13 para. 2 Telemedia Act). If the requirements of this section 3.2 are not met, the advertising partner must refrain from sending e-mails as part of the affiliate program.
3.3. The Affiliate may not violate any applicable laws, contractual provisions or third-party rights in the implementation of the advertising measures and in the advertising of its Internet pages. In particular, he and the third parties acting at his instigation are prohibited:
- to collect, process or use personal data in an unlawful manner;
- to use damaging software such as viruses, worms, Trojans;
- Attempts to secretly or abusively collect or process data;
- Use spam, chain letters or other unsolicited content;
- to drive illicit advertising (e.g., with false or disguising information, reductions or other illegal contents);
- to use in an unlawful manner other names, brands and other marks for the advertising of the Internet pages with the advertising measures.
- to use automated or misleading measures to generate clicks, accesses, usage data or the appearance of serious use of the Internet pages in which the advertising measures are integrated, the advertising measures themselves or Internet pages or eBlocker products directly or indirectly linked to the advertising measures, or to have them used by third parties (e.g. bots or scripts).
If the Affiliate involves or mediates third parties, he assumes responsibility for compliance with the above provisions by these third parties.
3.4. The Affiliate may not publish or have published the advertising measures covered by the contract in an environment which contains the following content in whole or in part:
- Violence-glorifying, racist, extremist and denigrating content
- Pornographic or other adult content
- Hacking- and Cracking-related content
- Illegal drugs and drug accessories
- Excessively vulgar language
- Gambling or casino content
- Sale or advertising of weapons and ammunition
- Sale or advertising for replicas or imitations of branded products
- Subscription traps” and other misleading services and offers
- Any other content that is illegal, immoral, promotes illegal activities or infringes the rights of others, or which for other reasons could damage the good reputation of eBlocker.
3.5. The Affiliate undertakes to pay eBlocker an appropriate contractual penalty for each culpable violation of one or more provisions of the above clauses 3.1, 3.2, 3.3. or 3.4. in the amount of the last three remunerations earned by the Affiliate in the context of the cooperation with eBlocker prior to the violation according to this contract, however at least Euro 500.00, at most however Euro 10,000.00. Further claims and rights of eBlocker remain unaffected. In addition, the Affiliate loses the right to all remuneration and/or commissions earned through the aforementioned violations and undertakes to repay this remuneration and/or commissions to us in the event of overpayment.
3.6. The Affiliate shall keep secret any confidential information that comes to his knowledge in connection with or in connection with the cooperation with eBlocker or its affiliated companies and affiliates, in particular passwords and other access data, technical specifications, statistical information such as visitor numbers and success rates, economic information and other trade and business secrets. All internal information that is not public or becomes public without breach of the duty of confidentiality is subject to secrecy. Trade and business secrets within the meaning of § 17,18 UWG are subject to secrecy. In case of misuse or suspicion of misuse of confidential information, the Affiliate will inform us immediately. The confidentiality obligations continue to apply after the end of the contract.
4. Indemnity and warranty
4.1. The Affiliate shall indemnify us against all damages, costs, and losses incurred by eBlocker as a result of violations of rights for which the Affiliate is responsible. The indemnification also includes, in particular, the costs of legal defense to an appropriate extent, but at most within the legal scope, in addition to the lawyer’s fees of third parties to be reimbursed by us and other damage/expenses.
4.2. eBlocker exempts the Affiliate from claims and rights of third parties arising from any illegal contents of the advertising measures against the Affiliate for which eBlocker is responsible. The prerequisite for the exemption is that the advertising measures have been published by the affiliate unchanged and in accordance with the agreed specifications for the implementation of the advertising measure.
4.3. eBlocker does not guarantee a minimum number of visitors, minimum sales or minimum commissions, apart from the agreed fees. Furthermore, apart from the provisions of these terms and conditions, we do not guarantee any specifications, qualities or requirements with regard to content or advertising measures.
5. Submissions and statements regarding content
5.1. We grant the Affiliate a simple, non-exclusive and non-transferable right to use the advertising measures and the contents of the advertising for the duration of the respective provision exclusively within the scope of and for the purposes of the contractual relationship. Any processing or use in modified form requires our consent in text form (e-mail, fax, in writing).
5.2. We reserve all rights to our advertising materials, products, brands, business names and other contents. The Affiliate undertakes not to register or use any domains, apps or trademarks with the component “eBlocker” or with a similar designation and undertakes to delete any domains/trademarks registered in violation of the aforementioned regulations at our first request. Our further claims remain unaffected.
6.1. If keywords and/or keywords are used in the context of the Affiliate’s performance, the following applies:
We are entitled to provide the Affiliate with a positive list and/or a negative list of words. The Affiliate is obliged to use words from the positive list and to refrain from using words from the negative list. Unless agreed with us, no names or trademarks of our competitors may be used as keywords or keywords. We are entitled to communicate changes in positive or negative lists within the scope of our activities, which the affiliate must immediately implement and confirm the implementation to us. We take the legitimate interests of the affiliate into consideration and only communicate such changes if there is a factual, legal or advertising need. Furthermore, we are entitled to formulate positive lists in such a way that the use of deviating terms must be omitted.
6.2. We are liable to the Affiliate for terms on the positive list as long as they are used before the respective service is revoked. The Affiliate is liable to us for not taking any action using words from the negative list.
7.1. The Affiliate shall receive a commission of 10% of the net shopping basket turnover for the advertising and successful brokerage of transactions (e.g. orders), which is based on his brokerage. Net shopping cart turnover is the turnover generated by customers referred by the affiliate in our online shop (especially at www.eblocker.com). Revenue is deemed to have been generated when it has finally been credited to our accounts. Customers are mediated by the affiliate if they have reached our shop directly via the advertising measures carried out by the affiliate in accordance with the contract. The respective turnover always applies when viewed in isolation. No commission is owed for subsequent sales.
7.2. The commission is allocated to the affiliate whose measure last brought about the success (visit to our site). The assignment of visitors/revenues takes place via an ID in accordance with our technical specifications, which are provided to the affiliate. The affiliate is responsible for ensuring that this ID is correctly implemented by him or her and is not changed or impaired by the proper integration of our advertising media. If an assignment cannot be made or cannot be made with certainty due to inadequate technical implementation, no commission claim exists.
7.3. In case of doubt, the recordings of billing-relevant parameters made by our systems shall be deemed correct, unless the Affiliate proves the incorrectness of the recordings.
7.4. Unless otherwise agreed, invoicing and payment of the remuneration shall take place within 45 days of the end of the respective calendar month to be invoiced. Payment shall be made if the total amount of commissions exceeds Euro 50.00. Total commissions lower than the above value will not be paid out and carried forward to the next settlement period. The affiliate receives a statement of commission-relevant sales. The affiliate has no right of access to personal data of the customers.
7.5. In the case of performance-related payments, which depend on eBlocker income or sales, a claim to compensation only arises when the payment on which the commission is based has finally been credited to the account of eBlocker. In the event of subsequent refunds of payments subject to commission, the commission attributable to the reimbursed amount is to be repaid. eBlocker is entitled to offset commissions to be reimbursed against current commission claims.
7.6. The accounting of performance-related remuneration is considered correct if the Affiliate does not object within one month from receipt of the accounting with factual reasons.
7.7. If circumstances arise which give rise to the factual suspicion that claims for remuneration due to misuse (including third parties where applicable), fraud (including third parties), solely serve to generate claims for remuneration measures (including third parties) without relevance to eBlocker’s success, such as automated click procedures, traffic allocation of irrelevant sources such as e.g. misleading landing pages or “Type-domains,” misleading or illegal measures like, e.g. Bots, Trojaner, etc. were caused, or not seriously meant purchase procedures; we are entitled to withhold the remuneration up to the final clarification of the circumstances. If it turns out that the facts of the case are incorrect, we are obliged to pay them out immediately. If it turns out that the suspicion applies, there is no right to compensation. In this case, the Affiliate undertakes to reimburse us for the costs of the check if the abusive measure is the Affiliate’s responsibility.
7.8. The Affiliate shall bear the costs incurred on its sites, such as the costs of integrating the advertising measures into its Internet pages, access to the Internet or for the transmission of data and any necessary licensing costs for the software itself. We are not obliged to reimburse costs or make available materials in excess of the remuneration agreed in each case.
7.9. The Affiliate is only entitled to set-off if his counterclaims are acknowledged by eBlocker or have become res judicata or if the claim originates from the same contractual relationship. The Affiliate is only entitled to exercise a right of retention insofar as his counterclaim is based on the same contractual relationship.
8. Term and termination
8.1. Unless otherwise agreed, the contract with the Affiliate is concluded for an indefinite period and can be duly terminated by both parties subject to a notice period of 2 weeks in each case.
8.2. This shall not affect the right of both parties to terminate the contract for cause. eBlocker is entitled to such a right of termination, especially in the event of serious or repeated violations of essential provisions of this contract by the Affiliate.
8.3. Commission and remuneration claims always end with the end of the contract. eBlocker does not owe any commission or remuneration for circumstances occurring after the end of the contract. Commission credits existing at the end of the contract are paid out to the affiliate, any negative balances are to be settled.
8.4. At the end of the contract, the Affiliate shall cease all advertising measures, remove the advertising measures from its Internet pages and return or delete any other content provided by eBlocker (e.g. banners).
9.1. We are liable for damages caused by us, our legal representatives or vicarious agents through gross negligence or with intent and for the violation of essential contractual obligations (cardinal obligations). Liability for slight and simple negligence is excluded, for whatever legal reason.
9.2. We are not liable for facilities or services outside our sphere of influence, in particular not for the non-availability of their services/content due to disruptions of the Internet or the services or facilities used for Internet or for providing access.
9.3. We shall not be liable for compensation for indirect damages, in particular for loss of profit. In the case of a non-grossly negligent breach of a cardinal obligation, we shall furthermore only be liable up to the amount of the typically foreseeable damage at the time the contract was concluded, at most, however, on the average performance-related remuneration of the Affiliate for one calendar month.
9.4. The above limitations of liability shall not affect liability for damage to body, life or health, any guarantees assumed and liability under the Product Liability Act.
9.5. Insofar as our liability is limited or excluded; this shall also apply in favor of our legal representatives, executive bodies and employees and accordingly also for claims for reimbursement of expenses.
10. Final clauses
10.1. All legal relationships between us and the Affiliate in connection with this Agreement shall be governed by the laws of the Federal Republic of Germany. This also applies if the contractual service is provided outside Germany.
10.2. The Affiliate may transfer rights and obligations arising from or in connection with the Agreement to third parties only with our consent.
10.3. Any invalidity of individual provisions of these terms and conditions shall not affect the validity of the remaining provisions.
10.4. If the Affiliate is a merchant, a legal entity under public law or a special fund under public law, or if the Affiliate has no general place of jurisdiction within the Federal Republic of Germany, the place of performance and jurisdiction shall be Hamburg.
11. Binding German version