Conditions for Participation for the awork Affiliate Programme

We are very pleased that you have taken an interest in our awork affiliate programme.

§ 1 Scope

 

  1. These conditions for participation apply to the registered user (hereinafter referred to as affiliate or partner) and HQLabs GmbH (hereinafter referred to as HQLabs or awork). Together, awork and the affiliate may also be referred to as “parties”.
  2. The conditions of participation are directed towards companies, as well as consumers, as long as they are at least 18 years old and legally competent, within the meaning of the German Civil Code (BGB). We would like to remind you that the income generated by the programme must be tax deductible and that you bear full responsibility regarding this.

 

§ 2 Object of the agreement

 

  1. The object of this agreement is the participation in the affiliate programme, with a view to increasing the sales of awork products through the awork website. Participation in the partner programme is free for the affiliate.
  2. For advertising and successful mediation of transactions (e.g. subscriptions), the partner receives a commission that depends on the selected contract of the mediated end customer. Information regarding commissions can be found here.
  3. The partner programme does not establish any other contractual relationship between the parties beyond this agreement.

 

§ 3 Advertising tools and online advertising media

 

  1. An advertising tool allows for a reference between the online advertising medium of the affiliate and awork by means of a hyperlink, via which visitors of the affiliate’s website, who click on the respective advertising medium, can access awork’s website.
  2. The formats and configuration of the advertising tools are solely defined and provided by awork and may not be changed.

 

§ 4 Registration/Conclusion of the contract

 

  1. The use of our affiliate network is only possible after previous registration on our website. When registering, the affiliate agrees to these conditions. A contract can be only come into being, if awork accepts the registration of the affiliate, by sending the affiliate a personal affiliate code via email.
  2. Data provided when registering must be truthful. In case the information changes, the affiliate is obligated to immediately adjust the entered information. If incorrect information is entered when registering or one fails to correct it, the affiliate may be excluded from using the affiliate programme any further.
  3. We do not guarantee that you will be able to participate in the affiliate programme and conclude a contract with awork. awork reserves the right to reject individual partners at any time, without providing reasons. In particular, awork reserves the right to terminate already activated partners at any time, without observing a notice period. Existing claims of the affiliate are retained in this case.

 

§ 5 Commission

 

  1. The affiliate receives a performance-based commission from awork.
  2. The right to payment of the compensation arises under the following conditions:
    1. through the advertising activity performed by the affiliate, a paid awork contract of an end customer with awork materialises,
    2. sales have been tracked by awork (using the partner’s affiliate code),
    3. sales have been released and confirmed by awork and
    4. There has been no abuse within the meaning of § 8 of these conditions of participation.
  3. A sale is deemed to be a complete order made by an end customer on the awork website, which has also been fully paid for by the end customer.Reversed transactions – for whatever reason – are not deemed sales, if the end customer has not paid or any payments made by him are reimbursed. Furthermore, the end customer must be an active client with us for a specified amount of time, depending on the respective commission model (minimum customer loyalty). Orders that have been made by the affiliate himself, his relatives or employees of awork, or rather HQLabs GmbH, are not liable for payment.
  4. The level of compensation is dependent on the contractual tariff chosen by the end customer and the partner level of the affiliate. The underlying table can be examined here.
  5. All indicated commissions are net and will be paid plus VAT. The affiliate is solely responsible for the taxation of income, as well as the payment of social security contributions. For any additional claims of a public authority, resulting from false information of the partner, awork will refund reclaims.
  6. Only the first contract concluded by the end customer is compensated.If this contract does not correspond to the assumed minimum customer loyalty, the claim expires.
    1. If the contract chosen by the end customer is set higher during the period of minimum customer loyalty by means of an upgrade, a pay-out will take place, but on the terms of the first concluded contract.
    2. If the contract chosen by the end customer is set lower during the period of minimum customer loyalty by means of a downgrade, a pay-out will take place, but on the terms of the downgraded contract.
  7. The right to receive a commission expires after one year.

 

§ 6 Settlement

 

  1. Provided that the affiliate has successfully mediated, he is entitled to a claim for payment as part of an advertising cost reimbursement. The created credit note is sent via email as a PDF to the affiliate’s given email address. This settlement must immediately be verified. If there are any objections to a settlement, they must be asserted to awork in writing within four weeks. After this deadline expires, the settlement will be accepted as correct.
  2. Compensation claims become due for payment one month after expiry of the minimum customer loyalty period.
  3. Payment occurs through a bank transfer with a debt discharging effect to the indicated bank account specified during registration. Any fees (e.g., for bank accounts abroad) will be borne by the affiliate.
  4. Settlements are calculated on the 15th of the month and thereupon paid within 14 days.

 

§ 7 awork’s responsibilities

 

  1. awork grants the affiliate access to a selection of advertising tools (e.g., ad banners, links and images), at its own discretion.
  2. work will track subscriptions that are the result of the affiliate code in an appropriate manner and will assign them to the affiliate’s account.
  3. awork, at its own discretion, operates the awork website, as well as the services it provides, such as provision of product data, within the scope of the available technical capabilities. awork does not guarantee error- and/or interruption-free availability of the website. The quality and correctness of the products and advertising tools offered on the awork website are at awork’s sole discretion.
  4. awork commits itself to paying the remuneration according to the participation conditions specified under § 5.

 

§ 8 Rights and obligations of the affiliate

 

  1. The affiliate may only integrate the advertising tools into his partner websites. It is strictly prohibited to make changes to the advertising tools. The advertising tools may only be used for the purposes specified in this contract.
  2. The affiliate himself is responsible for the content and ongoing operation of his partner website. During the term of this contract, it is prohibited to place content that violates any applicable law, the good customs or rights of third parties, and/or are likely to harm awork’s reputation. awork has the right, but is not obligated to, investigate partner websites. It is specifically prohibited to spread content that constitutes, relates or includes
    1. racism,
    2. glorification of violence and extremism of any kind,
    3. calls and incitement to crime and/or violation of the law, threats to life, limb or property,
    4. smear campaigns against people or companies,
    5. privacy infringing statements, defamation and slander by users and third parties, as well as violations of the fair trading law,
    6. copyright infringing content or other infringement of intellectual property rights or
    7. sexual harassment of users and third parties.

Such content may not be integrated on the affiliate website itself, nor may it be linked from the affiliate website to corresponding content on other websites.

  1. Any form of abuse, i.e. leads and/or sales generation through unfair methods or improper means that violate any applicable law and/or these conditions, is prohibited. It is specifically prohibited to attempt to generate leads and/or sales or ensure the assignment of sales to the partner, by yourself or through a third party, through one or more of the following practices:
    1. Misrepresentation of sales, which in reality did not take place, e.g. through unauthorised indication of external data or indication of false or non-existent data when ordering goods on our website,
    2. Use of advertising methods that enable tracking, but do not display the advertising medium in perceptible form or in the specified form and/or size,
    3. Cookie dropping: cookies may not be directly set when visiting the webpage; only if the user of the partner website previously voluntarily and consciously clicked on the advertising material,
    4. Other forms of affiliate fraud (in particular cookie spamming, forced clicks, and affiliate hopping), as well as the use of layers, add-ons, iFrames and postview technology in order to increase leads,
    5. Use of awork’s or third parties’ legally protected terms, in particular trademarks, for example in search engines, for advertisements or for advertising of the partner website, without the express prior written consent of awork. In particular, it is prohibited to provide websites on the internet, which are likely to lead to confusion with awork or products offered by awork. Specifically, the affiliate is not permitted to copy the awork website, landing pages or other parts of awork, or to adopt graphs, texts or other content. Any impression suggesting that the partner website is an awork project or that your operator is economically related to awork in some way that goes beyond the partner programme and this contract, must be avoided. Any use of material or content from the awork website, as well as awork logos and brands, by the partner requires the prior written approval of awork.
  2. It is also obligatory to operate the partner website in compliance with the applicable law and specifically to provide proper company information.
  3. Email advertising that contains advertising material or in some way advertises for awork may only occur if previously released by awork, and if all addressees gave their explicit consent for advertisements by email and a verification of the email address was performed and documented by a double-opt-in procedure.
  4. Furthermore, all advertising material must be removed immediately, if requested by awork.
  5. It is mandatory to refrain from electronic attacks of any kind on the awork tracking system and/or awork websites. In particular, electronic attacks are defined as attempts made to overcome or circumvent the security mechanisms of the tracking system, or to otherwise incapacitate them, using computer programmes enabling automatic data readouts, using and/or circulating viruses, worms, trojans, brute force attacks, spam or using other links, programmes or procedures that are suited to damage the tracking system, the partner programme or individual users of the partner programme.
  6. Furthermore, it is prohibited to pass on commissions paid by awork in whole or in part to the end customer.

 

§ 9 Autonomy of the contract partner

 

  1. Participation in the awork affiliate programme does not create a joint company or community, employment contract, or any agency agreement. awork’s webpages and those of the advertiser are operated independently of each other.

 

§ 10 Liability

 

  1. awork is liable without limitation for intent, fraud and gross negligence, also in the event of any personal injury.
  2. awork is liable for damages, in the case of a slightly negligent breach of a contractual obligation (cardinal obligation), limited to the amount of damage foreseeable and typical for the contract. In this case, awork shall not be liable for lost profits, indirect damages, subsequent damages and claims of third parties. For the purposes of this regulation, cardinal obligations comprise of obligations, the fulfilment of which enables the proper execution of the contract in the first place, in addition to the main contractual obligations.
  3. Further liability of awork does not exist.
  4. This limitation of liability also applies to the personal liability of employees, representatives and organs of awork.

 

§ 11 Right of exemption/contractual penalty

 

  1. In the event of claims for alleged or actual legal violations and/or infringement of third party rights through acts undertaken by the partner in connection with the affiliate programme, awork and all employees shall be exempt from any third party claims. All costs resulting from such a third party claim are to be reimbursed by the affiliate. The recoverable costs also include the costs of an appropriate legal defence.
  2. Should the affiliate breach one of the abuse regulations according to § 8 of these participation conditions, he is obliged to pay a contractual penalty that is to be determined by awork at its reasonable discretion and reviewed by a court in case of dispute. Further claims for damages remain unaffected by this regulation.

 

§ 12 Data protection

 

  1. awork agrees to observe and comply with the applicable data protection regulations of the GDPR.
  2. awork will only collect personal information for the purpose of the contract and legitimate commercial interests.

 

§ 13 Contract period and contract termination

 

  1. The contract runs for an indefinite period of time and may be terminated by either party without observing a notice period and without specifying a reason.
  2. Furthermore, the right of the parties to an extraordinary termination of the contractual relationship for serious reasons remains unaffected.
  3. Termination may occur via email. awork may also declare termination by restricting access to the customer account. The partner may also declare termination by deleting the customer account. The contract will be terminated upon receipt of the termination.
  4. After termination of the contract, we remove all advertising tools and other links and content from the partner website. This includes websites or other advertising media, in which the advertising tools or links were integrated, without being authorised to do so.
  5. Leads and/or sales generated after termination of the contract do not result in any payment obligation.

 

§ 14 Concluding provisions

 

  1. If the contract includes ineffective provisions, the validity of the contract remains unaffected.
  2. awork reserves the right to alter these conditions of participation at any time. Partners are informed about any changes by email. If the affiliate does not agree with the changes, he is entitled to notify awork of this within four weeks of receipt of the change announcement. In this case, awork reserves a special right of termination. If such an objection does not occur within this period, the changes are regarded as approved and will come into force at the end of the deadline.
  3. For this contract, only German law is applicable.
  4. If the partner is a merchant, a legal entity under public law or a special fund under public law, Hamburg shall be the place of jurisdiction for all disputes arising out of or in connection with contracts between awork and the partner.
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