>>> To the commissions
Terms and Conditions for the use of the affiliate program
1. Contracting party
The contracting parties are S-Corp | tsc InternetMarketingService (hereinafter referred to as S-Corp | tsc), Donaustetter Str. 19 - 89155 Erbach, Donau (Ulm District Court) and the customer (hereinafter referred to as "Partner").
2. Participation in the affiliate program
2.1. To become a partner, you must be a S-Corp | tsc customer. As such, you make a binding offer to S-Corp | tsc for inclusion in the affiliate program. This is done by clicking on the button "Activate Partner Account".
2.2. The obligatory information in the invoice (§ 14 Abs. 4 UStG) are included in the invoice on the basis of the details of the partner in his S-Corp | tsc account. The Partner is obliged to keep this information up to date. S-Corp | tsc is not obligated to provide different invoices from this information.
2.3. Employees of S-Corp | tsc InternetMarketingService or an affiliate are excluded from participating in the Affiliate Program.
2.4. The partner is forbidden to conclude commission agreements with the brokered customer.
3. Subject of the contract
3.1. As a partner, you assist S-Corp | tsc in attracting customers to certain S-Corp ™ products and services. As a partner, you do not take on any responsibility for the customers you refer. Participation in the Affiliate Program does not constitute a commitment by the Affiliate to act for S-Corp | tsc. The partner is free to decide if, at what time and to what extent he acts.
3.2. The Affiliate may broker all S-Corp Contract contracts via the websites https://www.s-corp.de, https://www.prestadesign.de, https://www.mediawebdesign.eu and https : //www.myrentshop.de are complete.
S-Corp | tsc is entitled to change at any time the number and type of products which may be subject to mediation. S-Corp | tsc will notify the Affiliate of any changes.
3.3. The mediation takes place exclusively via an individualized link, which is made available to the partner of S-Corp | tsc and which can be found on the homepage https://www.s-corp.de or https: //www.s-corp. de / clientarea points. Placements made via this link are automatically assigned to the partner.
The brokerage is therefore only assigned to the partner if the new customer has access to the S-Corp | tsc website (https://www.s-corp.de, https: //www.s-corp .de / clientarea, https://www.prestadesign.de, https://www.mediawebdesign.eu or https://www.myrentshop.de) and concludes a contract.
Other forms of mediation are not the subject of this contract!
The Affiliate may use this link in accordance with Number 4 (for example, on its website, in newsletters).
3.4. The Partner agrees that S-Corp | tsc will send him all relevant information about the Affiliate Program and affiliate products by email.
3.5. Partner will not become a worker, sales representative, agent or agent of S-Corp | tsc and / or any affiliate of S-Corp | tsc by entering into this Agreement. Upon conclusion of the contract, no power of attorney is granted to the partner.
4. Customer acquisition
4.1. The partner can not mediate himself as a customer. Related parties (such as family members, housemates, or even affiliates) may not be partnered with by the Affiliate.
4.2. In customer acquisition the partner becomes:
a) make no telephone calls, e-mails, SMS or other electronic communication for advertising purposes without the consent of the recipient,
b) in no way oblige the advertiser to conclude the contract and do not exploit private relationships of trust, above all do not put the advertiser under any pressure or impair it in the resolution of the will,
c) do not use any advice, in particular to use incorrect, incomplete or one-sided product information,
d) inform the advertiser about existing rights of withdrawal,
e) make it clear that he is not working as an employee or vicarious agent for S-Corp | tsc InternetMarketingService and / or a company affiliated with S-Corp | tsc,
f) do not violate the rights of third parties when advertising S-Corp ™ products and, in particular, do not promote S-Corp ™ products in a manner contrary to common sense.
4.3. The Affiliate will conduct itself in all mediation attempts in such a way that in no way, in particular by the expression of value judgments or allegations, the reputation, the advertising ability or the reputation of the S-Corp | tsc could be affected.
4.4. Sending e-mails and newsletters with the sender S-Corp | tsc (in any form) is prohibited. Nor is it allowed to use brand and product names of S-Corp | tsc InternetMarketingService as keywords in search engine marketing.
4.5. Incidentally, the Partner will comply with all applicable laws.
4.6. The Partner is not authorized to collect and not to represent S-Corp | tsc in legal terms. He is not authorized to make or receive statements for S-Corp | tsc Internet Marketing Service.
5. Affiliate Partner
Affiliate partners are partners who are not certified as partners.
6. Certified partners
6.1. Partners have the opportunity to go through a certification program provided by S-Corp | tsc. Upon successful completion of this program, the Affiliate may first be named "Certified S-Corp | tsc Internet Marketing Service Provider" for a period of three years. After three years, the certification expires, unless the partner goes through the certification program again.
S-Corp | tsc provides Certified Partners with a Partner Seal for inclusion on the Partner's Website.
6.2. The Certified Partner will provide the customer with all common support, in particular the customer's comprehensive advice before, during and after the conclusion of the contract, customer support in the installation and set-up of the booked S-Corp | tsc products, troubleshooting in the Case of malfunction. This does not apply in the case of disruptions or failures of the network, in these and similar cases, the customer is the support hotline of S-Corp | tsc available.
For this purpose, the partner is in continuous contact with the customers recruited by him. How this contact is made is at the discretion of the partner and their respective customers. The requirements of no. 4.2 apply. The partner determines at least once a year whether the customers recruited by him are in need of advice. For this purpose, the partner conducts a consultation with each of the clients he has recruited at least once a calendar year.
6.3. The Partner submits to S-Corp | tsc, unsolicited at least once a calendar year, a protocol signed by the Client to verify compliance with the aforementioned obligations for the performance of such consultation.
S-Corp | tsc reserves the right to verify the information provided on this form. For this purpose, S-Corp | tsc is entitled to contact the relevant customers directly.
7. Individual S-Corp | tsc Link, advertising material
7.1. S-Corp | tsc provides the partner with the above-mentioned individual link, which refers to the product homepage https://s-support.com/clientarea.
In addition, the partner will be offered graphic advertising material in the affiliate program account.
7.2. Any use of S-Corp ™ documentation for any purpose other than customer acquisition under these Terms and Conditions and any other use of Company, trademarks, logos or other business names of S-Corp | TSC and / or any affiliate is prohibited.
7.3. If the affiliate contract is terminated, the Affiliate must promptly destroy / erase any S-Corp ™ documents that are still in its possession or, at the request of S-Corp | tsc, surrender them.
8. S-Corp | tsc web interface
The partner has access to a password-protected web interface as a customer of S-Corp | tsc.
Through this web interface, the customer has access to an anonymous listing of commission-based contracts brokered by him within the technical and operational capabilities of S-Corp | tsc.
S-Corp | tsc reserves the right to change the functionality of the affiliate program at any time.
9. Mediation of a customer
9.1. Prerequisite for the creation of a commission claim is the conclusion of an S-Corp.Tsc contract referred to in no. 3.2, as a result of a "mediation" by the partner, in the case of a certified partner in the sense of No. 6 continues to provide ongoing support to the respective customer the partner in the sense of No. 6.
A "mediation" can only take place via the link provided to the partner. That a "mediation" in this sense exists only if
an S-Corp | tsc new customer has reached the S-Corp | tsc website (https://s-corp.de/clientarea) via the partner's link (in this case, a cookie is placed with the new customer who saves this process ) and
a registration of the new customer takes place as long as the mentioned cookie still stores the process and
one or more S-Corp contract or contracts referred to in point 3.2 are closed under this registration.
A condition for a mediation in this sense is thus also that the cookie with the new customer at the time of the registration is still stored! If the new customer stores several of these cookies from different partners, the newest one will be considered!
9.2. The registration of the new customer itself does not lead to the creation of a commission claim. The origin of the commission claim as a result of the mediation according to No. 9.1 is regulated in No. 10.
10.1. The S-Corp | tsc Affiliate Partner according to no. 5 receives a recurring agency commission of 5-25% (five to twenty-five percent) for customers won (see No. 9) on the basic charges consumed by the customer, depending on the product.
10.2. The certified partner according to No. 6 receives a recurring agency commission of 10-45% (ten to forty-five percent) for the won customers (see No. 9) and the fulfillment of the obligations set out in No. 6, depending on the product Customers spent basic fees.
10.3. The basis of assessment for the commission is the current monthly net costs, which are deducted from the positive customer credit in the context of the contract brokered by the partner. Credits granted by S-Corp | tsc to the customer are not part of the taxable amount.
Prerequisite for the commission is the offsetting of costs with the positive customer credit of the brokered customer. If the positive customer credit decreases retroactively (eg as a result of a return debit note) and thus reduces the possibility of offsetting costs with a positive customer credit, the assessment basis for the partner's commission also reduces retroactively.
10.4. A brokered contract exists if
a) the notification of the brokered customer has been made in accordance with Section 9.1 within the scope of the distribution channels authorized in accordance with Clause 4; and
b) a contract is concluded between S-Corp | tsc and the mediated customer after mediation and
c) the mediated customer does not exercise any statutory right of revocation or withdrawal.
Mediation is excluded if the brokered customer has already been an existing customer of S-Corp | tsc during the last six months prior to (re) registration.
10.5. A breach of these terms and conditions in particular against the provisions in no. 4 and 5 leads to the loss of the commission claim. The assertion of further damage shall not be affected.
10.6. If a commission payment is made by other commission programs of S-Corp | tsc or a company affiliated with S-Corp | tsc for a successfully brokered contract, no additional award will be made under the Partner Program.
10.7. If commissions have been effectively credited or paid out which are not eligible under the provisions of this clause 10, they must be repaid. S-Corp | tsc reserves the right to set off reimbursement amounts against commission claims.
10.8. A claim for commission within the meaning of No. 10 arises only for mediated S-Corp Contracts, which are concluded by a partner for the duration of a partner contract.
10.9. S-Corp | tsc reserves the right, at any time, to change and reassign, at its discretion, the commission to be given to a customer's brokerage with future effect. Existing commission claims are not affected by such a change. The partner will be informed about changes in advance by e-mail.
11. Invoice, sales tax
11.1. S-Corp | tsc InternetMarketingService will issue a billing credit note to the Affiliate on the Partner's S-Corp | tsc Customer Account each time the commission is debited. The customer agrees to the credit. S-Corp | tsc reserves the right to make available to the partner the statement of payment as a PDF file for download or by e-mail.
11.2. Insofar as the partner is entitled to deduct VAT under the UStG, in addition to the agreed commission, he will also receive the statutory value added tax on the commission. This shall only apply from the date on which the partner has clearly demonstrated its entrepreneurial status vis-à-vis S-Corp | tsc; Evidence can only be obtained by mentioning the German VAT number assigned to the partner. possible.
The Partner is obligated to inform S-Corp | tsc InternetMarketingService immediately about the elimination of the right to deduct input tax and to provide proof of this. If it turns out that the partner is not liable for VAT, his commission will also be reduced retroactively by the proportion that S-Corp | tsc InternetMarketingService could have claimed as input tax in the case of the VAT liability of the partner. The partner owes this too much paid commission and is liable in this respect also for Nachzahlungszinsen and possibly late surcharges.
12. Due date and payment of the commission / end of the commission obligation
12.1. The provisional credit of the commission takes place automatically
(For monthly payments by the recruited customer) at the end of each month to the partner's S-Corp | tsc customer account.
(For annual payment by the recruited customer) 90 days after the customer's payment to the partner's S-Corp | tsc customer account.
12.2. The entitlement to the commission arises definitively 90 days after offsetting the costs with the positive customer credit.
12.3. At the request of the partner (clicking on the payout button on the web interface of the partner), the transfer is made to a bank account specified by the customer of a bank located in Germany. S-Corp | tsc reserves the right to offer other methods of payment (eg Paypal, Credit Card Credit).
The application is only possible with a credit balance of at least € 50. The payment claim will become due and payable 5 working days after submission of the request for payment.
12.4. The partner acknowledges that a review of the commissions is not or only to a very limited extent possible, since S-Corp | tsc may only publish the data of the brokered customers in the legally regulated cases and the brokered customer the underlying data of the commission can also delete at any time.
The partner therefore refrains from checking the amount of the commission, since S-Corp | tsc provides the partner with all necessary and possible information about the brokered customers anonymously on the web interface.
The data underlying the commission can be permanently deleted by the customer at any time after the corresponding accounting period. After creating the bill for the brokered customer, access to his data is no longer possible.
12.5. For Affiliate Partners within the meaning of clause 5, S-Corp | tsc's commission obligation for a brokered client ends at the end of the third year following the initial registration of this customer. At the end of the third year after placement (first registration), no commission claims of the partner for this placement arise.
For certified partners within the meaning of clause 6, S-Corp | tsc's commission obligation for a brokered and supervised customer runs for the entire duration of the brokered contracts and ends with the termination of the contract by the recruited customer.
The certification of a partner is initially valid for three years. Afterwards, the partner has the opportunity to receive a re-certification, which in turn is valid for three years.
If the certification of the partner ends before the end of the term of the contracts of the brokered and serviced clients of this partner, the commission obligation of S-Corp | tsc is reduced to 5% and is limited to three years, starting with the expiration of the certification.
13.1. The Affiliate may collect, process and use Customer Personal Information only in accordance with applicable laws or in accordance with these Terms and Conditions.
13.2. The Affiliate will notify the Customer before collecting the required data
a) this is done for S-Corp | tsc and informs the customer about his identity and that of S-Corp | tsc InternetMarketingService,
b) the data is collected for the purpose of concluding a contract for partner products, and
c) he will transmit the data via the password-protected, Internet-based partner access to S-Corp | tsc.
13.3. The Affiliate undertakes to treat confidentially the data disclosed to it in its participation in the Affiliate Program and to use it exclusively in the context of this activity. The duty of confidentiality of the data continues even after the end of the activity.
13.4. The partner assures in his area of responsibility the implementation and compliance with the technical and organizational measures in accordance with § 9 of the Federal Data Protection Act (BDSG) and the annex, provided that the desired protection goal is proportionate to the required effort.
13.5. Partner agrees to indemnify S-Corp | tsc against all claims on first request made by third parties in connection with this Agreement for infringement of data protection lawsuits against S-Corp | tsc. Further claims of S-Corp | tsc remain unaffected.
13.6. The Partner undertakes to comply with the relevant data protection regulations for the protection of personal data, in particular the provisions of the Federal Data Protection Act (BDSG) and the Telecommunications Act (TKG).
14. Liability and indemnity
14.1. The liability of the contracting parties is determined by the statutory provisions.
14.2. Each party is responsible for the taxes payable / payable by it.
14.3. Insofar as S-Corp | tsc is claimed by third parties, the partner becomes
Exempt S-Corp | tsc from these third party claims,
S-Corp | tsc in the legal defense (to which S-Corp | tsc is entitled but not obligated) provide the necessary support and
to assume the necessary costs of external legal defense for S-Corp | tsc, provided that the claims asserted are based on alleged acts or omissions of the Partner (for example, breach of the provisions of these Terms and Conditions, in particular the provisions of paragraphs 4, 5 or 11).
A prerequisite for the liability of the partner is that S-Corp | tsc informs the partner immediately about asserted claims, makes no concessions or acknowledgments or equivalent declarations and allows the partner, at his own expense, all judicial and extra-judicial negotiations on the claims to lead. The obligation to indemnify is excluded to the extent that S-Corp | tsc itself is involved in contributory negligence.
15. Term and termination
15.1. The Partner Agreement is concluded for an indefinite period of time and may be terminated at any time unilaterally by both parties with a notice period of one day. The right to termination without notice for good cause remains unaffected. A termination does not affect already earned commission claims.
15.2. S-Corp | tsc may terminate the affiliate agreement for good cause, in particular, if the affiliate sells its business or substantial portions thereof, if a new associate acquires more than the fourth installment of the affiliate, if a former associate has previously increased to more than one-fourth of the shares or if a competitor of S-Corp | tsc becomes a related party. In doing so, S-Corp | tsc is already entitled to terminate the contract if the contractual agreements establishing the reason for termination have been concluded. This section 13.2 does not apply to private individuals acting as partners.
15.3. In addition to a termination, S-Corp | tsc may, in its reasonable discretion, expressly exclude the Partner from future agreements under a Partner or similar program. S-Corp | tsc will exclude the Affiliate from such programs if the Affiliate violates these Terms or otherwise commits a breach of duty that may render future cooperation unreasonable for S-Corp | tsc.
15.4. Termination is carried out by the partner by submitting an electronic declaration to S-Corp | tsc. S-Corp | tsc confirms the receipt of the termination by e-mail to the partner's e-mail address.
15.5. The declaration of termination is also sent by e-mail on behalf of S-Corp | tsc.
16.1. Insofar as statements under this contract have to be made by the Partner to S-Corp | tsc, these must be made via the Ticket Center to S-Corp | tsc InternetMarketingService.
16.2. Declarations by S-Corp | tsc to the partner are sent to the partner's e-mail address.
16.3. The partner is required to ensure that he is reachable via the partner email address. If this can no longer be guaranteed, he will notify S-Corp | tsc immediately with a new e-mail address.
17.1. German law applies, excluding international private law and the UN Sales Convention.
17.2. These terms and conditions constitute - with the exception of the General Terms and Conditions for the use of S-Corp | tsc as well as the content-related references to the S-Corp | tsc website - the entire regulation of the subject of the contract. Additional agreements have not been made. Any change to these terms and conditions must be in writing. This also applies to a regulation with which this written form is waived.
17.3. S-Corp | tsc may amend or supplement this affiliate contract at any time. Changes or additions shall take effect four weeks after the corresponding notification has been received by the Partner, unless S-Corp | tsc so contradicts them. S-Corp | tsc will separately inform the Affiliate of the consequences of failure to comply with the Amendment or Supplement.
17.4. If any provision of this contract is ineffective or unenforceable, the remaining provisions remain unaffected. The Contracting Parties undertake to replace the ineffective or unenforceable provision by an effective and enforceable provision which comes as close as possible to the economic purpose of the superseded regulation. The same applies to the case of a regulatory gap.