1st preamble (1) The Affiliate program on the website www.Caning-on-demand.com is an offer of the company Punishment-Society.com. Exclusively the following contract conditions are valid for all affiliate partner contracts. They are also valid for all future business relations, even if they are not expressly agreed again. They are recognised by the registration to the partners program.
(2)
Deviant terms of business the participant are, provided that they were not accepted expressly by Caning-on-demand.com in writing, without obligations.
2nd Conclusion of the contract
(1)
A contract comes about after registration of the participant by the acceptance of Caning-on-demand.com. The employees of Caning-on-demand.com are not authorised to meet oral additional agreements or to give oral assurances which exceed the content of the contract.
(2)
Persons under a age of 18 are excluded from the participation in the affiliate program.
3rd Registration
every participant has to register itself with Caning-on-demand.com by a registration. With the registration the participant does not have his name, at companies also those of the representative office person entitled, as well as postal address (No post office box), phone, Telefax and mail address. The participant has to inform Caning-on-demand.com by changes immediately. False pretences entitle Caning-on-demand.com to the immediate notice.
4th Partners
(1)
Participant of the Affiliate program are partners. The partners advertise by the circuit of hyperlinks to the offers of Caning-on-demand.com. For this they receive remunerations in accordance with the following regulations.
(2)
The participation in the affiliate program is cost-free for the partners. The choice of the offered means of advertising stays empty to the partners and they can remove the used links any time or trade.
5th Variations
(1)
Caning-on-demand.com pays to the partner in accordance with the following clauses for every evaluation an amount to be fixed by him.
* Pay per Sale:
Only the customers who conclude an effective sales contract in the on-line shop of Caning-on-demand.com within 30 days after mediation are evaluated. The evaluation is proportional from the contract value. If the finished contract is ineffective or he will recant or in other manner cancelled, the commission is reversed.
(2)
The height of the value of an evaluation is fix. The height can be changed by Caning-on-demand.com any time with a period of three working days, the minimum amounts to 25%. The partners are immediately informed about a change by Caning-on-demand.com.
6. Protocols
and evaluation
(1)
Caning-on-demand.com minutes all clicks and registers them statistically. The protocols are retrievable in the protected partners area.
(2)
The sponsors are obliged to integrate the HTML code provided by Caning-on-demand.com on her website which is necessary to the capture and Protokollierung from the websites of the partners the coming user (code duty). Caning-on-demand.com will inform the partners about necessary technical adaptations by mail. The partners are obliged to move possible adaptations immediately. The non-installation, the removing or the manipulation of the capture codes entitles Caning-on-demand.com to the instant notice.
(3)
For the correct passing on of the Referers the partner is responsible alone.
(4)
The HTML codes given by Caning-on-demand.com for links, banners etc. may not be changed by the partners. In cases of changes Caning-on-demand.com is entitled to pronounce the instant notice.
7th Contractual penalty
(1)
with the deliberate attempt of a partner, by considerable manipulation attempts (see examples in segment 6) to influence the statistics and with it from the sponsor to him to amounts to be paid becomes a contractual penalty at the rate of 2,500.00 EUR plus VAT. due. Same is valid if a user already impossible on account of behaviour contrary to the contract takes part in the programme under false name once more or tries to take part.
8th payment
(1)
at the end of the return period of 4 weeks attacked commission is paid out in each case to 25. of the month up to the end of the previous month automatically by bank transfer or crossed cheque. If the partner wishes a payment by cheque, a handling charge of 2.50 EUR is raised payment. If the partner wishes a payment by bank transfer, a handling charge of 7.50 EUR is raised payment
(2)
The payment follows in case of the German sales tax duty of the partner plus the legal German sales tax. The partner is obliged to inform Caning-on-demand.com about a change of the sales tax duty immediately with a proof of the responsible tax office. Should no proof be given at the time of the account, the sales tax will withhold basically and exhausted, an additional charging is not possible for organizational and technical reasons.
(3)
Provided that the month credit 50.00 EUR does not cross, the payment takes place together with the payment of the subsequent month. A payment of interest does not take place. With untimely notice of the partner the credit goes to ruin in favour of Caning-on-demand.com if the payment to be performed does not cross 50.00 EUR, otherwise the payment follows with the following account.
9th Shortage rebuke and guarantee
(1)
The participants have to check the performance and the account immediately. Evident shortages are to be reprimanded immediately in writing with Caning-on-demand.com. The shortages which can be also discovered in careful audit not straight away are to be informed Caning-on-demand.com immediately after discovery in writing.
10th Notice
(1)
The contract can be terminated any time substantially with a period by three working days.
(2)
The right to the extraordinary notice for important reason remains untouched. The attempt to influence the stipulated evaluations entitles Caning-on-demand.com to the instant notice. This is valid in particular with plentiful own clicks, by the use of delusive links or illegal contents, Spam, manipulation or non-installation of the capture codes or misrepresentations. Further claims for compensation as well as in particular the assertion according to a contractual penalty. No. 7 of this contract as well as the position of a demand for a penalty are left, in any case.
11th Technical Problems
(1)
An accessibility of the service of 98% guarantees technical shortages Caning-on-demand.com in the month means. Within this time the account about Caning-on-demand.com is guaranteed.
(2)
Caning-on-demand.com is not responsible for deliberate attacks of thirds (hacker, computer viruses, DoS attacks among other things) on his servers and on the Internet.
12th Inadmissible contents
(1)
Are inadmissibly the mailing of unsolicited e-mail advertising (Spam), the use of delusive links and the specification of wrong e-mail addresses, name or dates.
(2)
Caning-on-demand.com does not check the contents of the partners sites and is not responsible for this. The participant has Caning-on-demand.com of all damages, the Caning-on-demand.com from an injury of this duty originate to keep.
(3)
Caning-on-demand.com is entitled by injury of this contractual obligation to the instant notice of the contract.
13th General liability
limitation claims for compensation against Caning-on-demand.com are excluded, untill deliberate or roughly negligent behaviour or the injury of a contract-essential duty is given. Same is valid, as far as the substitute is required by indirect or shortage secondary damages. Every liability is limited on with conclusion of the contract predictable and for such cases typical damage.
14th text form
Compared with explanations Caning-on-demand.com as well as changes of the contract need at least the text form (email, Telefax). This is also valid for the abatement of the text form requirement.
15th Data security
The dates of the participants are stored by Caning-on-demand.com for the contract liquidation and to the communication within the partners programme. They are used only within the scope of the completion of contract and neither are transmitted into three parts, nor used for advertising purposes.
16th place of delivery, jurisdiction, legal choice a place of delivery
for all liabilities and jurisdiction for all litigations from the contractual relationship is, as far as it concerns with the contracting partner a businessman or a legal person of public law, Regensburg. The contractual relationship is defeated by the right of the Federal Republic of Germany to the exclusion of the UN option to buy.
17th Salvatoric Clause
Be ineffective severability clause having to do a clause of these conditions, the effectiveness of the remaining conditions remains untouched.
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