1 General / Scope
1.1 These General Terms and Conditions (hereinafter referred to as "GTC") of Karolin Wülfing (hereinafter referred to as "The Sunnyside") at https://shop.thesunnyside.de/, apply to all advertising banners, links, advertisements or other promotional contributions on the social media channels or websites of advertising partners (hereinafter referred to as "Affiliates").
1.2 The purpose of this is to increase sales of 'The Sunnyside' products via the online shop https://shop.thesunnyside.de/ . Participation in the Affiliate Partner Program is free of charge for the Affiliate. Advertising must take place on the Affiliate's websites or social media channels.
1.3 The Affiliate Partner places the advertising material on its websites or on its social media channels on its own responsibility. The Affiliate is free to decide whether and for how long it places the advertising material on its website or in its social media channels. He is entitled to remove the advertising material at any time.
1.4 For the successful mediation of orders, the Affiliate receives a mediation commission, which depends on the scope and real value of the service. The details result from the description and the information texts in the affiliate partner program and in section 6 (commission) of this contract.
2. conclusion of contract
2.1 The Affiliate can register as an Affiliate in the online shop at thesunnyside.goaffpro.com/login to register as an Affiliate.
2.2 After the Affiliate has registered for the Affiliate Partner Program on the website https://shop.thesunnyside.de/ , 'The Sunnyside' will check the registration and confirm the activation to the Affiliate by e-mail.
2.3 A contract between 'The Sunnyside' and the Affiliaite for the placement of advertising material comes into effect with the confirmation of the activation by 'The Sunnyside'.
2.4 'The Sunnyside' does not accept any deviating general terms and conditions or regulations of the Affiliate, unless 'The Sunnyside' has expressly agreed to them in writing.
2.5 There is no entitlement to participate in the affiliate partner program.
2.6 The General Terms and Conditions of Business of 'The Sunnyside', which can be viewed at https://shop.thesunnyside.de/pages/agb . The Sunnyside' reserves the right to change the terms and conditions under https://shop.thesunnyside.de/pages/agb at any time without explicitly pointing this out.
2.7 The affiliate contract is concluded with Karolin Wülfing/The Sunnyside, Am Felsbusch 3, 48317 Drensteinfurt, Germany
2.8 The contract language is German.
3. registration for the affiliate partner program/procedure of the advertising measure
3.1 The Affiliate must register and log in to the website. thesunnyside.goaffpro.com/login log in and register. After registration 'The Sunnyside' will create an account for the affiliate and activate the use. After activation of the Affiliate to participate in the Affiliate Partner Program by 'The Sunnyside', the Affiliate can manage his advertising activities via this user account.
3.2 After activation of the user account, the Affiliate Partner can create an affiliate link to all products offered in the online shop at https://shop.thesunnyside.de/ generate an affiliate link to all products offered in the online shop.
The integration of the advertising material and content of 'The Sunnyside' takes place in the form of links on the website or social media channels of the Affiliate. By means of these affiliate links, all orders placed via this link can be attributed to the respective affiliate. The Affiliate must integrate this affiliate link into its website in order to enable tracking.
4. obligations of The Sunnyside
4.1 'The Sunnyside' provides the Affiliate, at its own discretion, with a selection of advertising media (e.g. advertising banners, text links, videos and images) (hereinafter: "Advertising Media") for individual campaigns.
4.2 'The Sunnyside' shall ensure in a suitable manner by means of web tracking of the visitors that the users reach the respective product page on the website of 'The Sunnyside' shop via the Affiliate Links integrated by the Affiliate on its website. The Sunnyside' also ensures that any orders placed as a result of an Affiliate Link are attributed to the relevant Affiliate and its sales.
4.3 'The Sunnyside' does not guarantee error-free and/or uninterrupted availability of the website. The quality and accuracy of the products and advertising material offered on 'The Sunnyside' website is at the sole discretion of 'The Sunnyside'.
5. rights and obligations of the AFFILIATE
5.1 The Affiliate is expressly prohibited from combining the links provided with other advertising media and/or from making any changes to the advertising media. The Advertising Media may only be used for the purposes provided for in this Agreement on the Affiliate Websites, newsletters and in social media.
5.2 The Affiliate is responsible for the content and will not, during the term of this agreement, place any content that violates applicable law (for example, the EU Health Claims Regulation, Regulation EC No. 1924/2006), morality or the rights of third parties and/or is likely to damage the reputation of 'The Sunnyside'. The Sunnyside' is entitled, but not obliged, to check the affiliate advertisements. In particular, the Affiliate is prohibited from disseminating content that is
- glorification of violence and extremism of any kind,
- incitement and instigation to criminal offences and/or breaches of the law, threats against life, limb or property,
- incitement against persons or companies,
- statements that violate personal rights, slander, defamation and defamation of users and third parties, as well as violations of fair trading laws,
- copyright infringing content or other infringements of intellectual property rights or
- sexual harassment of users and third parties
represent, concern or contain. Such content may not be integrated on the Affiliate Website itself, nor may links be made from the Affiliate Website to corresponding content on other websites.
5.3 Any form of abuse, i.e. the generation of Affiliate Links and/or sales via unfair methods or inadmissible means that violate applicable law (e.g. the EU Health Claims Regulation, Regulation EC No. 1924/2006) and/or these GTC is prohibited. In particular, the Affiliate is prohibited from attempting, itself or through third parties, to generate Affiliate Links and/or sales or to ensure that sales are attributed to the Affiliate by means of one or more of the following practices:
- Pretending to generate affiliate links or sales that have not in fact taken place, e.g. by providing unauthorised third party or false or non-existent details when ordering goods on `The Sunnyside' website.
- Use of forms of advertising that allow tracking but do not display the advertising material, do not display it perceptibly or do not display it in the specified shape and/or size,
- cookie dropping: cookies may not be set when the user visits the website, but only if the user of the affiliate website has previously clicked on the advertising material in a voluntary and deliberate manner,
- other forms of affiliate fraud (especially cookie spamming, forced clicks, affiliate hopping) as well as the use of layers, add-ons, iFrames and postview technology in order to increase affiliates,
- Use of terms protected by law, in particular trademark law, for 'The Sunnyside' or third parties, for example in search engines, in ad placements or in the promotion of the Affiliate Website without the express prior written consent of 'The Sunnyside'. In particular, the Affiliate is prohibited from maintaining websites on the Internet that could lead to a risk of confusion with 'The Sunnyside', the online shop https://shop.thesunnyside.de/ or products offered by 'The Sunnyside'. In particular, the Affiliate may not copy the websites of 'The Sunnyside', landing pages or other appearances of 'The Sunnyside' or adopt graphics, texts or other content from 'The Sunnyside'. The Affiliate must avoid the impression that the Affiliate Website is a project of 'The Sunnyside' or that its operator is economically linked to 'The Sunnyside' in a way that goes beyond the Affiliate Program and this Agreement. Any use by the Affiliate of any material or content from 'The Sunnyside' website or of any logos or trademarks of 'The Sunnyside' requires the prior written consent of 'The Sunnyside'.
5.4 The Affiliate undertakes to operate the Affiliate Website in accordance with applicable law in all other respects and in particular to maintain a proper imprint and a proper data protection declaration.
5.5 E-mail advertising that contains advertising material from 'The Sunnyside' or otherwise promotes 'The Sunnyside' may only take place if express consent to advertising by e-mail has been given for all addressees and verification of the e-mail address has been carried out and documented by means of a double opt-in procedure.
5.6 The Affiliate shall refrain from any reference to 'The Sunnyside' and the products of 'The Sunnyside' in any advertising of the Affiliate Website. In particular, the Affiliate will not place any context-based advertisements (in particular Google AdWords or AdSense) which contain the name, company keywords or trademarks of 'The Sunnyside' or which are delivered due to the use of corresponding keywords. The same applies to the names of products of 'The Sunnyside'.
5.7 The Affiliate undertakes to refrain from electronic attacks of any kind on the tracking system and/or the websites of 'The Sunnyside'. Electronic attacks include, in particular, attempts to overcome, circumvent or otherwise disable the security mechanisms of the tracking system, the use of computer programs to automatically read data, the use and/or distribution of viruses, worms, Trojans, brute force attacks, spam or the use of other links, programs or procedures that may damage the tracking system, the affiliate program or individual participants of the affiliate program.
6.1 The Affiliate is entitled to a commission for each referred customer to our 'The Sunnyside' shop that results in a sale, provided there is no breach of this agreement.
6.2 The entitlement to commission also extends to subsequent transactions of the customer, which the customer concludes at a later point in time, provided that the customer continues to place an order in 'The Sunnyside' Shop via the Affiliate Link.
6.3 The assignment of the affiliate links to the affiliate is carried out by cookies with a validity period of 360 days. Within this period, an assignment of sales to the Affiliate is possible, unless the Affiliate's customer manually deletes the cookies or uses blocking mechanisms against cookies or tracking systems.
6.4 The commission as an Affiliate corresponds to 10% of the net amount of the total shopping cart of the sale. Excluded from this is the shipping and VAT.
6.5 Claims for remuneration are due at the end of each month. A minimum of 0.1 Euro is to be earned. The payment as an affiliate partner is done via Paypal. Thus all necessary data are to be deposited also in the user account.
7.1 'The Sunnyside' prepares billing statements for the Affiliate within the framework of the above-mentioned billing periods. These contain at least the designated calculation factors and, if applicable, further information, insofar as this is necessary to present the Affiliate's commission claim and its calculation in a comprehensible manner.
7.2 Settlement shall take place via Paypal.
7.3 The Affiliate shall check the settlement without delay. If the Affiliate has objections to a settlement, these must be made in writing to 'The Sunnyside' within four weeks. After this period has elapsed, the settlement is deemed to be correct.
7.4 In addition to the statements, 'The Sunnyside' will provide the Affiliate with an overview of the brokered sales within the framework of the user account.
8. rights of use
8.1 The advertising material and our other contents of 'The Sunnyside' are protected by copyright and/or other industrial property rights. The Sunnyside' grants the Affiliate a simple, non-transferable and non-exclusive right to use the advertising material for the duration and purpose of this agreement.
8.2 Any modification, duplication, distribution or public reproduction of the advertising material or of a substantial part thereof in terms of type and scope requires the prior written consent of 'The Sunnyside', insofar as it goes beyond the scope of the above grant of rights to the Affiliate.
9.1 The Affiliate undertakes to keep confidential for an unlimited period of time (even beyond the end of this agreement) all knowledge of the trade and business secrets of 'The Sunnyside' or other confidential information obtained within the framework of the contractual relationship, to use it only for the purposes of the agreement and in particular not to pass it on to third parties or otherwise exploit it. If information of 'The Sunnyside' is designated as confidential, there is an irrebuttable presumption that it is a trade or business secret.
9.2 The contents of this Agreement and the documents pertaining thereto shall be treated by the Affiliate as confidential (as trade and business secrets).
9.3 The Affiliate shall obligate its employees and other persons whose services it uses to fulfill its contractual obligations to maintain confidentiality in a manner corresponding to the aforementioned provisions.
10 Term and Termination of the Contract, Extraordinary Notice of Termination
10.1 The contract runs for an indefinite period and may be terminated by either party at any time without notice and without giving reasons.
10.2 In addition and beyond this, the right of the parties to terminate the contractual relationship by extraordinary termination for good cause remains unaffected. For 'The Sunnyside', good cause entitling to extraordinary termination exists in particular in the following cases:
- serious breach of the Affiliate's obligations under this agreement
- breach of obligations under this agreement and failure to remedy or cease the breach despite our request to do so,
- a case of abuse as defined in section 5 of this agreement.
The legal right to extraordinary termination remains unaffected.
10.3 Affiliate links and/or sales generated after the termination of the contract do not lead to a remuneration obligation by 'The Sunnyside'.
11 Data storage and data protection
The data protection regulations of the data protection declaration on the website https://shop.thesunnyside.de/pages/datenschutzerklarungapply exclusively.