AGB-Affiliate Programm

TERMS AND CONDITIONS OF 

http://www.watertogo.net

Welcome to Water to go!

(1) The General Terms and Conditions of the Advertiser for the Affiliate Partner Programme

1. scope of application

(1) These conditions of participation (hereinafter referred to as "GTC") apply to the contractual relationship between Ralf Illgen & Brigit Riedel GbR, Feldgärtenstr. 40, 50735 Cologne, Germany, and the contractual partners (hereinafter referred to as "partners") of the affiliate programme for the platform www.watertogo.net (hereinafter referred to as "affiliate programme").

(2) We provide our services exclusively on the basis of these GTC. The partner's own terms and conditions shall require our express written consent and shall therefore not apply even if we do not expressly object to their validity.

2. realisation of contract

(1) A contract between us and the partner is concluded exclusively via our online application procedure by e-mail. By applying, the partner submits an offer to participate in the affiliate programme and accepts our Affiliate T&Cs. A contract is only concluded when we expressly declare acceptance of the offer or release specific advertising material for the partner.

(2) There is no entitlement to participate in the partner programme and to conclude a contract with us. We can reject individual partners at any time without giving reasons.

3. subject matter of the contract

(1) The object of this contract is participation in the partner programme, which is intended to increase sales of our products via our platform www.watertogo.net.  Through its advertising activities, the partner acquires users who register on at least one of our platforms in accordance with section 4.3 of these GTC and generate product orders through this. Participation in the partner programme is free of charge for the partner.

(2) The partner places the content approved for it on its own responsibility on its websites and social media channels registered and approved in the partner programme (hereinafter referred to as "partner channels"). The Partner is free to decide whether and for how long to place the content on the Partner Channels. He is authorised to remove the content at any time.

(3) The Partner shall receive a commission for the advertising and subsequent successful referral of transactions (and resulting product orders) by new customers. The details are set out in Section 7 of these GTC.

(4) The partner programme does not establish any other contractual relationship between the parties beyond this contract.

4. how the partner programme works

(1) The partner must register for the partner programme on our platform www.watertogo.net. using the data requested during registration. After successful registration, a customer account will be set up for the partner, through which the partner can manage his partner activities. In addition, the partner must complete his user account.

(2) The Partner shall be provided with a specific registration link with an individual ID as a referral code for our platform www.watertogo.net. which can be used to identify the Partner's referred users when they register via the link.

(3) Über das Kundenkonto unserer Plattform www.watertogo.net  („Watertogo-Dashboard“) erhält der Partner eine Übersicht über die geworbenen Nutzer mit der jeweiligen Provision.

5. Our duties

(1) We provide the partner with a selection of advertising banners, logos and product images for individual campaigns at our own discretion.

(2) We operate our platforms and the services offered on them at our own discretion within the scope of the technical possibilities available to us. In this context, we do not guarantee the error-free and/or uninterrupted availability of the website. The quality and correctness of the products and advertising material offered on our website are at our sole discretion.

(3) In addition, we undertake to pay remuneration in accordance with Clause 7 under the conditions specified therein.

6. Rights and obligations of the partner

(1) The partner is responsible for the content and ongoing operation of the partner channels and will not place any content there during the term of this contract that violates applicable law, morality or the rights of third parties and/or is likely to damage our reputation. We are authorised, but not obliged, to check the partner channels. In particular, the partner is prohibited from disseminating content that

  • Racism,
  • Glorification of violence and extremism of any kind,
  • Incitement and instigation to commit criminal offences and/or violations of the law, threats against life, limb or property,
  • Agitation against persons or companies,
  • defamatory statements, libel, slander and defamation of users and third parties as well as breaches of fair trading law,
  • copyright infringing content or other infringements of intellectual property rights or
  • sexual harassment of users and third parties

represent, concern or contain any content. Such content may not be integrated into the Partner Channels themselves, nor may the Partner Channels link to corresponding content on other websites.

(2) Any form of abuse, i.e. the generation of leads and/or product orders via unfair methods or unauthorised means that violate applicable law and/or these GTC, is prohibited. In particular, the Partner is prohibited from attempting to generate leads, orders and/or sales itself or through third parties by means of one or more of the following practices or to ensure an assignment to the Partner:

  • Faking leads and product orders that have not actually taken place, e.g. by providing unauthorised third-party data or false or non-existent data when ordering goods on our website,
  • Use of advertising formats that enable tracking but do not display the advertising material, do not display it perceptibly or do not display it in the specified form and/or size,
  • other forms of affiliate fraud (in particular cookie spamming, forced clicks, affiliate hopping) and the use of layers, add-ons, iFrames and post-view technology to increase leads,
  • Use of terms that are legally protected for us or third parties, in particular trademarks, for example in search engines, adverts or advertising on the partner website without our express prior written consent. In particular, the Partner is prohibited from maintaining websites on the Internet that could lead to a risk of confusion with us or products offered by us. In particular, the Partner may not copy our website, landing pages or other appearances from us or adopt graphics, texts or other content from us. The partner must avoid the impression that the partner channels are a project of ours or that their operator is economically connected to us in a way that goes beyond the partner programme and this contract. Any use of materials or content from our website or of our logos or brands by the partner requires our prior written approval.
  • The partner may only operate one account for the partner programme for the www.watertogo.net platform. The partner is expressly prohibited from operating several accounts with different e-mail addresses.

(3) The Partner undertakes to operate the Partner Website in accordance with applicable law and in particular to maintain a proper legal notice.

(4) The Partner shall immediately remove products from the Partner Channels if requested to do so by us. This also applies in particular to channels on which we do not or no longer wish to include the products for whatever reason.

(5) The Partner shall not place any context-based adverts (in particular social media ads, e.g. on Facebook and Instagram, Google AdWords or AdSense) that contain our name, company keywords or brands or are delivered based on the use of corresponding keywords. The same applies to the names of our products.

7. remuneration

(1) The contractual partner receives performance-related remuneration from us for product orders generated by a user referred by the partner.

(2) The entitlement to payment of the remuneration shall only arise under the following conditions:

  • a user has registered on the www.watertogo.net platform in accordance with section 4.3 as a result of the partner's advertising activity and has placed a resulting product order.
  • Lead and product orders have been logged ("tracked") by us,
  • Lead and product orders have been approved and confirmed by us and
  • there is no abuse within the meaning of Section 6.2 of these GTC.

(3) A successful product order is an order placed via www.watertogo.net.  (3) A successful product order is an order placed via with one or more products that has been paid for and dispatched. Cancellations (e.g. if the end customer has not paid or payments made by him are refunded) - for whatever reason - are not considered a successful product order,

(4) Orders placed by the partner, economically affiliated companies or their relatives are not subject to remuneration.

 

(7) The amount of the remuneration depends on the distribution of the allocated discounts. For example, the Affiliate is granted a framework of 25% discount, which he can divide as he wishes between himself and the end customer he has recruited. between him and the recruited end customer. For example, if the end customer is granted 10%, this leaves 15% commission for the affiliate to be paid out. 

(8) All stated commissions are to be understood as net remuneration and will be paid plus 19 % VAT if proof of VAT liability is provided.

8. accounting

(1) The commission is credited to the partner's internal account when the product is dispatched. The payment of the remuneration entitlements takes place at the end of each quarter. And can be viewed by the partner at any time. 

(2) We shall provide the Partner with a tax-law valid statement of the remuneration claims in its customer account. The Partner shall check the statement without delay. If the Partner has objections to a statement, these must be asserted to us in writing within four weeks. Once this period has expired, the statement shall be deemed to be correct.

(3) Payment shall be made by bank transfer with debt-discharging effect to the bank details provided by the partner in the customer account. Any bank charges (e.g. for bank accounts abroad) shall be borne by the Partner.

9. rights of use

(1) The products and our other content are protected by copyright and/or other industrial property rights. We grant the partner a simple and non-exclusive right to use these products for the duration and purpose of this contract.

(2) Any modification, duplication, distribution or public reproduction of the products or a substantial part thereof in terms of type and scope shall require our prior written consent insofar as it exceeds the scope granted in paragraph 1 above.

10. confidentiality

(1) The Partner undertakes to keep secret for an unlimited period of time (even beyond the end of this contract) all knowledge of our trade and business secrets or other confidential information obtained within the scope of the contractual relationship, to use it only for the purposes of the contract and, in particular, not to pass it on to third parties or otherwise utilise it. If information is designated by us as confidential, the irrefutable presumption that it is a trade or business secret shall apply.

(2) The content of this contract and the associated documents are to be treated confidentially by the partner.

(3) The Partner shall oblige its employees and other persons whose services it uses to fulfil its contractual obligations to maintain confidentiality in a manner corresponding to paragraphs 1 and 2 above.

11. Contract term and termination of the contract, blocking

(1) The contract shall run for an indefinite period and may be terminated by either party at any time without notice and without giving reasons.

(2) In addition and beyond this, the right of the parties to terminate the contractual relationship by extraordinary cancellation for good cause shall remain unaffected. For us, an important reason that entitles us to extraordinary termination exists in particular in the following cases:

  • negligent or deliberate breach of the partner's obligations under this contract, in particular a breach of Sections 6.1 - 6.5 of these GTC.
  • breach of obligations under this contract and failure to remedy or cease the breach despite our request to do so,
  • a case of abuse within the meaning of section 6.2.

(3) Cancellation can be made by e-mail. A cancellation declared by us by e-mail shall be deemed to have been received on the day on which it is sent to the e-mail address specified by the partner in the customer account. We may also declare the cancellation by restricting access to the customer account. The partner may also declare the cancellation by deleting the customer account. The contract is terminated upon receipt of the cancellation.

(4) After termination of the contract, the Partner is obliged to immediately remove all products and other links from us from the Partner Channels. This also applies to websites or other advertising media in which the Partner has integrated the products and content or links without being authorised to do so.

(5) Leads generated after termination of the contract, sales orders and products sold or ordered shall not result in an obligation to pay remuneration.

(6) Instead of cancellation, we may also block the customer account and freeze all commissions earned in the cases set out in Section 13.2. This also applies if there is only a justified suspicion of misuse in accordance with Clause 6.2. We will inform the partner of the reason for the block and lift the block again when the reasons that led to the block have been clarified and, if necessary, eliminated. Leads generated and/or products ordered or sold during the period of the block will not result in a payment obligation. Any reimbursement of commissions already paid out is subject to a case-by-case review.

12. final provisions

(1) Should the contract contain invalid provisions, this shall not affect the validity of the remainder of the contract (severability clause).

(2) We reserve the right to amend these GTC at any time. The Partner will be notified of any changes by e-mail. If the Partner does not agree with the changes, it is entitled to inform us of this within four weeks of receipt of the notification of change. In this case, we have a special right of cancellation. If such notification is not made within this period, the changes shall be deemed to have been accepted and shall enter into force upon expiry of the deadline.

(3) This contract shall be governed exclusively by German law.

(4) If the Partner is a merchant, a legal entity under public law or a special fund under public law, Cologne is agreed as the place of jurisdiction for all disputes arising from or in connection with contracts between us and the Partner.