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General Terms & Conditions

for the Affiliate Partner Programme of the www.serverguard24.com website
Status: 1st of September 2016

§1 Preamble
(1)(1) Within the scope of this Programme, ServerGuard24 GmbH (hereinafter referred to as "ServerGuard24”) provides advertising links, which the Partner integrates into his website so that his users can access the ServerGuard24 site.

§2 Registration
(1)To be eligible to participate, persons must be aged 18 or over, operate a legal website and own the domain.
(2)The Partner’s website must not communicate or link to the following content: eroticism/pornography, radicalism/extremism, violence or glorification of violence in any way (including sexual, towards humans and towards animals), drugs or playing down of drugs.
(3)The website must be designed in such a way that it is not possible for it to be confused with the website www.serverguard24.de, and there must be no impression of any link between the Partner and ServerGuard24 going beyond this Partner Programme.
(4)Participation in the Partner Programme is free of charge for the Partner.
(5)The application shall be checked by ServerGuard24 at its discretion. An application may be rejected without reasons being provided.

§3 Obligations of the Partner
(1)ServerGuard24 shall provide its Partner with a link to facilitate correct matching of brokered customers with the Partner. The Partner shall be responsible for correct technical integration.
(2)Marketing activities must not violate third-party trademark rights. The Partner shall be solely liable for any damages.
(3)The Partner is responsible for the content of his own website, and shall comply with the statutory regulations and obligations. ServerGuard24 shall be indemnified for all claims arising from violations of applicable laws for which the Partner is liable.

§4 Prohibited advertising measures
(1)The Partner undertakes to only implement e-mail advertising in accordance with the double opt-in procedure, as well as taking into account all applicable competition regulations and consumer information obligations, particularly providing a legal notice and an option to deregister. The Partner shall indemnify ServerGuard24 for all claims by third parties arising due to misleading and/or incorrect information in advertising e-mails for which the Partner is responsible.
(2)The Partner shall not be entitled to implement advertising measures on behalf of ServerGuard24.

§5 Tracking
(1)A user that reaches the ServerGuard24 website through a Partner shall remain matched with that Partner for 30 days by means of cookies. The period of 30 days restarts upon every visit by the user.
(2)Should the user of a Partner’s website be brokered by another Partner, the "last cookie wins” model shall apply, i.e. the 30-day period shall expire and the new, most recently brokering Partner shall be granted the commission.

§6 Commission
(1)ServerGuard24 shall pay the Partner commission of 15% on the "actual net sales generated" according to the "click per sale" procedure
(2)The "actual net sales generated" means income that ServerGuard24 generates from the sale of services on its own behalf during the contractual term. The basis of calculation shall be the net sales price for the product actually billed by ServerGuard24. The price must be paid in full by the customer; amounts refunded to customers due to complaints or vouchers shall not form part of the "actual net sales generated".
(3)Payment shall be in the form of credit, transferred monthly to the Partner’s bank account.
(4)Commission shall not be paid if the Partner and the brokered customer are the same person or company.
(5)ServerGuard24 reserves the right to not disburse credit if the Partner is suspected of fraud or has violated these terms and conditions of participation.

§7 Termination
(1)Agreements concluded between the contractual partner and ServerGuard24 on the basis of these terms and conditions shall apply for an indefinite period of time.
(2)The Partner is entitled to end the collaboration with ServerGuard24 at any time.

§8 Final Clause
(1)Place of fulfilment is Bonn / North Rhine-Westphalia, Federal Republic of Germany. Exclusive jurisdiction for all claims from contracts reached on the basis of these terms and conditions, inclusive check- and action on a bill in addition to all conflicts between the parties regarding the composition of the agreement is ServerGuard24' headquarters.
(2)Agreements reached on the basis of these terms and conditions are subject exclusively to the laws of the Federal Republic of Germany.
(3) The client is obligated to contact the following address for business dealings in technical and contractual opportunities if no further contact information for technical enquiries was given in the primary contract.

ServerGuard24 GmbH & Co. KG
Melbweg 8
53127 Bonn
Germany

(4)The legal successor of ServerGuard24' clients are bound to the contracts which are based on these terms and conditions.
(5)Should individual conditions within this agreement be legally ineffective or should they lose legal effectiveness through later circumstances or should a loophole be later discovered, the legal effectiveness of the remaining conditions shall not be affected. The contract parties shall be obligated to replace the legally ineffective condition with a condition which best meets the economic purpose of the condition being replaced.
(6)ServerGuard24 reserve the right to amend these terms and conditions. Amended conditions shall be sent to the client per email 2 weeks prior to coming into effect. Should the client neglect to reject the new conditions within 2 weeks upon receiving the email, the new conditions shall be considered valid. ServerGuard24 shall place emphasis the importance of the 2-week deadline in the email containing the notification of the amended conditions.

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