Partner Program Terms and Conditions
§ 1 Influencer services
1. The influencer arranges customer sales in the company’s online shop for which the latter provides services and acts as an intermediary for these customers. For every sale made by the influencer, he receives a commission. The sales achieved are tracked using a discount code or an affiliate link to determine the corresponding commission claims. This framework contract regulates the general conditions of this cooperation. The details of the specific project are described in the further course.
2. Upon registration, the influencer receives a link with which he can sign up to our partner program. He/she chooses his/her access password and can generate his/her personal affiliate link. He/she gets access to the statistics and sees the value of goods sold due to him/her.
3. The company must be marked in all blog articles, posts or stories and/or mentioned in the text description with the Instagram profile. The influencer is otherwise free to create its content.
§ 2 Obligations of the influencer
1. The influencer assures that he has fulfilled all legal requirements and official requirements in order to be able to convey the company’s products. He must independently register his trade with the responsible authorities and institutions – also with his local tax office – and provide the company with all permits. As long as the influencer has not met the requirements mentioned, he may not start his work. He is responsible for the fulfillment of all legal, including Commercial law, tax law, labor law, competition law and other legal obligations without exception responsible. Referral fees must be properly reported and taxed to the tax authorities.
2. The influencer is not employed by the company under employment law. He is an independent trader and must use the care of an honorable businessman in his company. He must also behave in a morally and ethically correct manner and must observe the national laws and the relevant law of the European Union with regard to fair competition, the company’s internal statutes and guidelines and the company’s directives for business transactions. He must always ensure that his actions do not violate laws, regulations or official requirements.
3. If the influencer works exclusively for the company and may possibly be self-employed, he undertakes to submit appropriate applications for exemption from the social security obligation to the responsible institutions.
4. The influencer must always safeguard the interests of the company and ensure that its reputation is not affected.
§ 3 Remuneration
1. With the affiliate option, the influencer receives a commission of 15% of the sales achieved plus sales tax for the services rendered (including travel expenses and other expenses). Shipping costs are not included. The cookie lifetime is 30 days.
2. When using the social media (Instagram) option, the influencer receives a 5% discount code for sharing with his community and a commission of 10%
3. As soon as a credit of 50 EURO has been reached, the influencer can send an invoice to the company. The invoice will be sent to: firstname.lastname@example.org. The company transfers the remuneration to the bank account specified on the invoice within 7 working days after receipt of the invoice.
§ 4 Labeling of advertising on social media
The influencer undertakes to label all advertisements for the company on social networks in accordance with the legal requirements. In the event of missing or incorrect advertising labeling, only the influencer is liable. In addition, the influencer undertakes not to use third-party protected content in its social media content regarding the company. If third-party protected content is used inadmissibly, the influencer is solely liable. Blog articles should lead to our website www.travel-dude.com and on Instagram to our account @traveldude.world.
§ 5 Usage rights for pictures and videos
The influencer has rights of use for images and videos that were token and used as part of the cooperation. The company may use and repost all images and videos.
§ 6 Secrecy clause
The influencer undertakes not to disclose any information received that it is aware of during the cooperation. The declaration of confidentiality requires the relevant information not only to be kept secret for the duration of the cooperation, but also beyond.
§ 7 Breach of contract
If the influencer breaks the contract, he is obliged to pay a contractual penalty of 500 euros to the company within 7 working days. Depending on the offense and legal consequences, the company reserves the right to take legal action.
§ 8 Warranty & liability
1. The statutory warranty regulations apply to all services under this contract. I.e. If the service provider provides a service, there is no warranty obligation; if a work is performed, the legal regulations of §§ 631 ff. BGB apply.
2. The parties are liable according to the legal regulations.
§ 9 Term, termination
1. The term of this framework contract begins with the registration for the partner program and runs indefinitely. The framework contract itself does not impose any obligations on the provision of services or claims for product sales. The framework contract can be terminated by both contracting parties without giving any reason with one month’s notice to the end of the month.
In addition, extraordinary termination is reserved for good cause
2. An important reason is especially when
– a party is more than 60 days late in payment or is requested to open insolvency proceedings or its opening is refused due to lack of assets
– a party does not fulfill its obligations from this contractual relationship despite a written warning and setting a grace period, unless a warning and grace period is not necessary due to the seriousness of the breach of duty.
3. All contractually agreed services are to performed properly by the end of the notice period.
4. Any termination must be in writing, with transmission by email being sufficient.
§ 10 Other
1. Subsidiary agreements and changes to the contract must be in writing to be effective. This formal requirement can neither be waived verbally or implicitly nor can it be overridden.
2. This framework contract and the respective project contract are subject exclusively to the law of the Federal Republic of Germany.
3. Should a provision of this contract be ineffective, the effectiveness of the remaining contract is not affected. Instead of the ineffective provisions, an effective provision that comes as close as possible to the respective ineffective provision should apply between the contracting parties.
4. Place of jurisdiction is Hamburg, if the contractor is a merchant or has no general place of jurisdiction in the territory of the Federal Republic of Germany or is a legal entity under public law.
§ 11 Severability clause
Should a provision of this agreement be wholly or partially ineffective or later lose its legal validity, this shall not affect the validity of the remaining provisions. Instead of the ineffective provision, the legal regulations apply.