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| The nautical-shop.de Affiliate Terms |
1. Registration / Questions concerning the Nautinox.de affiliate programme
1.1 Your registration begins as soon as we receive a complete application from you. We will check your application as quickly as possible and let you know whether or not you are accepted in the programme.
1.2 We reserve the right to deny applications that we feel are not suitable for our affiliate programme. ?
2. Link placement
2.1 You are welcome to place as many links as you like in any area of your website. The links represent the connection to our homepage and serve to identify your website.
2.2 Please follow our instructions concerning the technical setting-up of the links. Please use only the links we provide you with, as we cannot guarantee flawless payment processing otherwise.
2.3 Taking care of your website is of course subject to your creativity and responsibility.
3. Nautinox.de?s obligations and responsibilities
3.1 We will provide you with a selection of graphical representations (buttons, logos, banners) as well as the relevant information concerning the proper setting-up of the links. We will make new graphics available at regular intervals so as to enable you to increase your site?s attractiveness and aesthetics.
3.2 We will manage the orders received through your links, register the sales, and keep you up-to-date concerning the sales at regular intervals. Naturally, we will also take care of payment processing, shipping, returns, and all other relevant customer services.
4. Calculating your referral fees
4.1 The referral fees you receive through the links on your website depend on the advertising performance of the links. Nautinox.de will pay you 3.0% of the net sales price of all products that have been paid in full after having been ordered and shipped from Nautinox.de via your link. Additional services as well as shipping expenses shown on the customer?s invoice are not included in the calculation.
4.2 In the case of refunds, the corresponding amount will also be subtracted when calculating your referral fees. If we have already paid the referral fees, we can either debit them against your next referral amount or reclaim them from you.
4.3 Ordering items for your own personal requirements via the link is prohibited and will not be included in the calculation. We can therefore not calculate referral fees on your own orders.
5. Your referral fees
5.1 Within 14 days of the end of a quarter, we will transfer your referral fees, based on a 3.0% sales commission, to the bank account (in Germany) you specify. If the amount is less than 20.00 Euros, we will credit it to the following quarter?s invoice instead of transferring it. In the case of membership in the programme being cancelled, the referral fees will be transferred independent of the amount. If your bank account is outside of Germany, remuneration can be only made via PayPal.
5.2 If you run a business that is liable to tax on sales (VAT), i.e. if we have to deduct taxes from your referral fees, please let us know when registering. In this case we will transfer the referral fees plus VAT and send you a corresponding credit by e-mail. Private individuals are usually not liable to tax on sales. If you are not liable to tax on sales, we will transfer your referral fees excluding VAT. If you become liable to tax on sales during your membership in the affiliate programme, please let us know promptly. We reserve the right of reclamation in the case of additional claims presented by the local tax office as a result of incorrect information provided by you about your liability to tax on sales.
5.3 We rule out claims for reimbursement of expenses and costs incurred by you in the course of your advertising activity.
6. Limited license
6.1 We grant you a non-exclusive, non-transferable and revocable right to use graphic representations and other advertising materials provided by Nautinox.de for the purpose of promoting our site. We reserve all rights regarding our logo, our trade name, and our other commercial trade mark rights.
6.2 This limited license expires as soon as the cancellation of this agreement becomes effective. ?
7. Your obligations and responsibilitie
7.1 You are wholly responsible for setting up, running, and maintaining your website as well as the materials and content appearing on it.
7.2 You shall ensure that the material on your website does not violate the rights of third parties and that it is not in any other way illegal or offensive.
7.3 You are required to exempt us from any claims and resulting costs deriving from third parties connected with your website.
7.4 You shall not register your website with any Internet searching service under the keywords ?Nautinox? or ?Nautinox.de?.
7.5 You are not authorised to make offers in our name nor to communicate in such a way with third parties that the impression could arise that you have any powers of representation from us.
8. Duration / cancellation of the agreement
8.1 This agreement is made for at least three months. After this agreement has expired, the agreement can be cancelled by either party with 7 days? notice. Of course, you have the possibility of cancelling at any time for important reasons.
8.2 The right of extraordinary notice of cancellation, especially in the case of violations related to sections 4, 6, and 7, remains unaffected.
8.3 Claims for compensation and settlements are excluded.
9. Changes to the agreement
We reserve the right to change the conditions of this agreement at any time. We will inform you about such changes by e-mail. If a change is not acceptable to you, you have the right to cancel the agreement. If you continue to participate in our affiliate programme after the changes have become effective, this counts as acceptance of the changes.
10. Confidentiality
10.1 The conditions of this agreement, commercial and financial information as well as information about customers, prices, and sales, are to be treated in the strictest confidence and may not be used for own commercial goals, neither directly nor indirectly.
10.2 This does not apply if the information is publicly known or generally available.
11. Warranty and liability
11.1 We run the Nautinox.de website according to our technical possibilities. We cannot give guarantees regarding errors or interruptions of the website?s availability.
11.2 We are liable for damages that are our fault and that result from violations of essential primary obligations of this agreement or properties missing as opposed to our assurances. Furthermore, we are liable only according to the product liability law or if the damage was caused intentionally or through our negligence.
11.3 In the case of a violation of an essential primary obligation resulting from ordinary negligence, we are liable at the most up to the damage that can typically be expected.
12. Miscellaneous
12.1 German law applies for this agreement. The exclusive place of jurisdiction for all claims in connection with the affiliate programme is Hamburg. This agreement is not transferable without our approval.
12.2 If a clause of this contract is or becomes invalid or infeasible, the validity or feasibility of the remaining clauses remain unaffected. The same applies for omissions in the agreement. An appropriate arrangement, corresponding to what the partners would have agreed upon if they had taken the points in contention into consideration, should apply instead of the invalid or infeasible clause or to fill the omission.
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