Preamble

The following terms and conditions of the BrandLink Ltd, (hereinafter ‘BrandLink’), represent the contractual and legal relationship between BrandLink and the user of service offered by BrandLink (the ‘publisher’).

BrandLink offers the option of automatically converting product links on the publisher's website into affiliate links within the framework of an Internet-based affiliate network (hereinafter 'service'). The corresponding links are used to advertise the products of a retailer who offers products via an affiliate network. Participants of the service in the form of an internet-based network are BrandLink, the publisher and the merchant whose products are advertised.

BrandLink provides its services to the publisher exclusively on the basis of these terms and conditions. Any terms and conditions of the publisher shall not become part of the contract unless BrandLink expressly agrees to them in writing.

1. Subject matter of the contract

  • 1.1 BrandLink's service converts product links on the publisher's website into affiliate links in an automated process, giving the publisher the opportunity to receive commissions on completed transactions between end customers and merchants who offer advertising their products via an affiliate network or their own affiliate program.

  • 1.2 Participation in the BrandLink service is free of charge for all publishers, there is only one revenue share, which is negotiated with each publisher in advance or determined by BrandLink.

2. Sign up

  • 2.1 To use the service, the publisher must have previously created a profile (hereinafter 'account') as part of a registration process on the BrandLink website.

  • 2.2 Registration, i.e. the application to open an account, is made by truthful completion of an appropriate online form and entry of the required requested information by the publisher. The publisher is responsible for false and out-of-date information and the resulting consequences.

  • 2.3 A publisher is not allowed to create several accounts for the BrandLink service, unless this is not otherwise possible from a technical or accounting point of view.

  • 2.4 With the conclusion of the registration process by the publisher, the publisher makes an offer to conclude a contract for the use of the BrandLink service. BrandLink accepts this offer by activating the publisher for the BrandLink service and by sending a corresponding confirmation e-mail, whereby the contract between the publisher and BrandLink is concluded in accordance with these terms and conditions. BrandLink reserves the right to reject the registration even without giving reasons.

  • 2.5 Afterwards the publisher must implement the JavaScript code in his website or use the alternative implementation method provided by BrandLink in order to use the BrandLink service and the corresponding interface.

  • 2.6 The publisher commits to treat the access data (user name and password) received as strictly confidential. The publisher does not pass on his access data to unauthorized third parties. The publisher informs BrandLink immediately as soon as he becomes aware that the access data is accessible and known to unauthorized third parties.

  • 2.7 Persons who complete this registration in their own name hereby confirm that they are 18 years of age or older. Persons who complete the application form on behalf of a proposed publisher hereby represent and warrant that they are authorized to contractually bind it.

3. Rights and obligations of BrandLink

  • 3.1 BrandLink provides the publisher with the service described in more detail within the scope of Section 1.

  • 3.2 BrandLink reserves the right to modify its service and to make technical changes, provided that this is reasonable for the publisher, further promotes the core idea of the service and does not reduce the functionality of the service.

  • 3.3 BrandLink reserves the right to discontinue operation of the service at any time for an indefinite period or completely.

4. Rights and obligations of publishers

  • 4.1 The publisher assures that he owns the necessary rights to and/or for the marketing and monetization of the website for the use of the BrandLink service on the advertising space.

  • 4.2 The publisher undertakes to observe the applicable laws and all rights of third parties in the context of its advertising activities and on the corresponding website. The publisher is prohibited from using offensive, defamatory or defamatory content, irrespective of who this content concerns; from using pornographic, racist or content that violates youth protection laws or from advertising, offering or distributing corresponding products; from harassing visitors to the websites unreasonably within the meaning of § 7 UWG, from using legally protected content without being entitled to do or to undertake or promote anti-competitive actions. In addition, the publisher undertakes to provide his website with a proper provider identification according to § 5 Telemediengesetz.

5. Payment

  • 5.1 The publisher receives a performance-related remuneration.

  • 5.2 The exact calculation and the amount of the publisher's remuneration is made by the relevant merchant and, if applicable, by the involved affiliate network and passed on to BrandLink. BrandLink collects the commission due to the publisher from the corresponding merchant via the affiliate network and displays it to the publisher via an interface.

  • 5.3 The claim for remuneration only arises if a transaction of the end customer has come about effectively at the merchant's premises, has been logged by the affiliated affiliate networks and confirmed and approved by the merchant and the affiliate network, the corresponding commission has been paid to BrandLink and there is no misuse on the part of the publisher in accordance with Section 9 of these General Terms and Conditions. It should be noted that the effectiveness of a transaction depends, among other things, on the end customer exercising his statutory rights of revocation and return. A transaction is only considered to be effective when it has been confirmed and approved by the merchant or the affiliate network.

  • 5.4 For the use of the BrandLink service, BrandLink receives a part of the publisher's remuneration as commission. The remaining remuneration will be passed on to the publisher by BrandLink.

  • 5.5 To process the payment of the fee, BrandLink sets up a publisher account for the publisher upon registration. BrandLink credits the publisher's account with the respective remuneration due to the publisher. There is no interest on the credit balance on the publisher account. As far as the minimum payment amount of $100.00 has been reached, after BrandLink has released the credit note the corresponding amount will be paid to the publisher at the end of the following month to the bank account/ Paypal account specified by the publisher. Any costs incurred by the recipient bank shall be borne by the publisher and deducted from the balance.

  • 5.6 Payment is made via Paypal or bank transfer to the Paypal address/bank details provided by the publisher.

  • 5.7 If the minimum payment amount is not reached at the end of the month or the credit is not released, the credit is transferred to the following month and remains in the publisher account. After three years of inactivity of the publisher regarding the BrandLink service, the publisher's payment claims become statute-barred and the credit can be retained by BrandLink.

  • 5.8 The publisher is aware that BrandLink is authorized to include any dealer in the BrandLink network at any time. Merchants are always able to change or adapt their remuneration models or terminate their participation in the affiliate network or the BrandLink network without giving reasons, even with regard to individual publishers.

6. Accessibility

BrandLink strives within the scope of technical possibilities for a constant provision of the service and the corresponding services and products. Especially regarding maintenance, security or capacity concerns, which are not in BrandLink's area of responsibility, can lead to short-term malfunctions or temporary suspension of the services.

7. Liability

  • 7.1 The liability of BrandLink for slightly negligent breaches of duty is limited to foreseeable, contract-typical, direct damages, unless damages from injury to life, body or health or guarantees are affected or claims under the Product Liability Act are affected. Furthermore, liability for the breach of obligations remains unaffected, the fulfillment of which is essential for the proper execution of the contract and on whose compliance the publisher may regularly rely. The same applies to breaches of duty by BrandLink's vicarious agents.

  • 7.2 BrandLink will make all reasonable efforts to ensure that its service is free of known computer viruses and always endeavors to use a virus scanner and security standards that correspond to the current state of the art. In this respect, however, the publisher acknowledges that a virus-free service cannot be technically guaranteed. Any claims of the publisher against BrandLink due to the infestation of the publisher's terminal device with computer viruses through the use of services therefore do not exist. This also includes the replacement for the loss of data

  • 7.3 In the event of interruptions of the service for technical or legal reasons, such as failure of the servers or the software, which are beyond BrandLink's sphere of influence, BrandLink shall not be liable. In particular, BrandLink does not guarantee that a transaction will not occur if the end customer cannot be identified as an end customer forwarded by the publisher (so-called referrer) because the browser of the end customer does not accept cookies and BrandLink's service therefore does not function properly.

  • 7.4 The network, the interface, the tracking, the services, their use and their results of use are provided 'as is' without warranty of any kind. BrandLink disclaims all warranties, express or implied, including warranties of satisfactory quality and fitness for a particular purpose, which may be implied with respect to the network, the interface, the tracking, the services, their use and their results. The performance of the network, tracking and interface depends on third parties and is beyond BrandLink's control, especially with regard to the maintenance of proper tracking by merchants, agencies and affiliate networks. BrandLink expressly disclaims any warranty for this:

    • - that the use or operation of the network, the interface or the tracking runs without interruptions or errors;
    • - that tracking always records all actions without errors;
    • - that tracking works properly for all advertiser URLs;
    • - that deficiencies will be remedied;
    • - that the network, interface or tracking are free of viruses and malicious code;
    • - that the security procedures applied are sufficient;
    • - in relation to publishers or their technology; and
    • - in terms of correctness, accuracy or reliability.

8. Validity

  • 8.1 This contract is concluded for an indefinite period. The publisher and BrandLink can terminate the contract at any time by giving notice, without giving reasons.

  • 8.2 After termination by the Publisher, BrandLink will pay out all outstanding remuneration claims to the Publisher in accordance with the conditions stated in Section 5. A processing fee of $5.00 will be charged for amounts below the minimum credit balance. As far as the credit on the Publisher account is less than $5.00, no payment can be made accordingly, so that the corresponding amount will be retained by BrandLink.

  • 8.3 The above provisions do not affect the right of both parties to terminate the contract for good cause. BrandLink is entitled to terminate the contract immediately for good cause if the Publisher breaches its obligations under these GTC.

  • 8.4 Each cancellation must be made in text form (e.g. letter or e-mail).

9. Misuse

  • 9.1 Any form of misuse of the service, i.e. the obtaining and simulating of transactions by unfair means that violate applicable law and these GTC is expressly prohibited.

  • 9.2 In particular, publishers may not make any unlawful claims for remuneration by attempting to simulate transactions for themselves or for third parties through advertising, tracking links or other means, or by implementing the advertising code in any way in unreleased websites.

  • 9.3 Any form of abuse will result in an immediate suspension of the Publisher's account. In addition, the Publisher undertakes to pay a contractual penalty, to be determined by BrandLink at its reasonable discretion and to be reviewed by the competent court in the event of a dispute, for each case of violation of the provision.

10. Exemption

If the publisher infringes the rights of third parties within the scope of using the services of BrandLink or violates legal regulations, this publisher releases BrandLink from all claims, if BrandLink is claimed by this infringement. In this case the publisher has to reimburse BrandLink for all costs arising from the infringement of the rights of third parties including the costs incurred for legal defence. Further claims for damages by BrandLink remain unaffected by this.

11. Data privacy

  • 11.1 BrandLink collects and stores the following publisher data: name, first and last names of contact persons, address, telephone number, e-mail address, tax numbers, bank and Paypal data. BrandLink only collects and processes the publisher's personal data necessary for registration, use, operation and further development of the service. The data will not be passed on to third parties. In particular, the relevant data will not be passed on for advertising purposes. Data will only be passed on to third parties without the consent of the participant if BrandLink is legally obliged to do so.

  • 11.2 During the term of this contract, BrandLink is entitled, in the context of its marketing activities and operative relationships with affiliate networks and merchants, to disclose the business relationships with the publishers and to state their name or brand for such purposes.

  • 11.3 It is clarified that BrandLink may use the publisher's contact details to notify the publisher via his account at BrandLink of any news and updates related to BrandLink regarding changes to the service and technology.

  • 11.4 The publisher can revoke his consent to the use of his personal data by BrandLink at any time and demand that his data be deleted immediately. A corresponding revocation is to be sent to: [email protected]

  • 11.5 After termination of the contractual relationship between BrandLink and the Publisher, BrandLink will immediately delete the Publisher's stored data.

  • 11.6 According to the Data Protection Act (GDPR), the publisher has the right to information about his stored data and, if necessary, the right to correct, block or delete data at any time. If you have any questions regarding the collection, processing or use of personal data, information, correction, blocking or deletion of data, please contact: [email protected]

12. Final clauses

  • 12.1 This contract and its amendments must be in text form. There are no subsidiary agreements.

  • 12.2 BrandLink reserves the right to change these T&Cs at any time without giving reasons, unless the change is unreasonable for the publisher. BrandLink will immediately inform the publisher about changes to the T&Cs. If the publisher does not object to the validity of the amended T&Cs within a period of one month, the amended T&Cs shall be deemed accepted by the publisher. BrandLink undertakes to draw the publisher's attention to the intended meaning of its conduct at the beginning of the period.

  • 12.3 US law shall apply to the exclusion of international private law and the UN Convention on Contracts for the International Sale of Goods (CISG), which has been incorporated into US law.

  • 12.4 Should any of these provisions be or become invalid, this shall not affect the validity of the remaining provisions.