General terms and conditions of business

1. Validity

By registering as an affiliate in the Mulchmaster affiliate program of MWS Schneidwerkzeuge GmbH & Co KG, you agree to the following terms and conditions.

Any terms and conditions of business of you, the partner or third parties shall not apply, even if we do not separately object to them in individual cases. Even if you refer to your or a third party’s terms and conditions of business in correspondence or in an e-mail, this does not constitute agreement to the validity of those terms and conditions of business.

2. Subject of the contract

The subject of the contract is the integration and presentation of the product “Mulchmaster” within the framework of the Partner’s appearances in the “social media”/on the Internet, for the purpose of carrying out sales-promoting marketing campaigns.

3. Account Terms

Partners for the purposes of this Agreement must be 18 years of age or older and resident in the European Union. If the Partner is a legal entity, those logging in on behalf of the legal entity must be 18 years of age and the legal entity must have its registered office in the European Union.

Accounts registered through “bots” or other automated methods are not allowed.

You must provide your full name, a valid email address, and any other requested information to complete the registration process.

Your login may only be used by one person – single logins used by multiple people are not allowed. This does not apply to the login for a legal entity. However, the login data may not be transferred to another legal entity or to persons acting on behalf of other legal entities.

You are responsible for maintaining the security of your account and password. MWS Schneidwerkzeuge GmbH & Co KG cannot and will not be liable for any loss or damage arising from its failure to comply with this safety obligation.

You are responsible for all posted content and activities that occur under your account. Internally, you must indemnify MWS Schneidwerkzeuge GmbH & Co KG from any claims by third parties due to your posted content and activities.

A natural person or legal entity may not hold more than one account.

You may not use the Affiliate Program for any illegal or unauthorized purpose. You may not violate any laws (including, without limitation, copyright laws and the Unfair Competition Law) in your use of the Service.

You may not use the Affiliate Program to earn money from your own product purchases through “www.mulchmaster.de”.

4. Links/graphics on your site, in your emails or other communications.

Once you sign up for the Mulchmaster affiliate program, you will be assigned a unique affiliate. You are permitted to place links, banners or other graphics that we provide to you with your Affiliate Code on your site, in your emails or in other communications. Upon request, we can provide guidelines, link styles, and graphic templates for you to use when linking with Mulchmaster. We may change the design of the visuals at any time without notice, but we will not change the dimensions of the visuals without reasonable notice.

In order to enable accurate tracking, reporting and commission crediting, we will provide you with special link formats that you must use in all links between your site and MWS Schneidwerkzeuge GmbH & Co KG. You must ensure that each of the links between your site and MWS Schneidwerkzeuge GmbH & Co KG uses these special link formats correctly. You will only receive commissions in relation to sales of a Mulchmaster product made directly through your affiliate link referral. Should billing problems arise due to the non-use of these links, these will be solely at your expense.

We will not be liable to you if you or anyone following your referral fails to use these Affiliate Links or to enter your Affiliate Code correctly, even to the extent that such failure may result in a reduction in the amounts that would otherwise be paid to you under this Agreement. Affiliate links must point to the page of the advertiser.

5. Commissions and payment

In order for a referral commission to be paid on a product sale, the referred person must click on an affiliate link from your website, email or other communication to “https:/www.mulchmaster.de” or complete an order for a product within 60 days. The 60-day period starts from the first visit of the advertised person to the aforementioned website.

We will only pay commissions on links that are automatically tracked and reported by our systems. We will not pay commissions if someone says they have bought or someone says they have entered a referral code if this has not been tracked by our system. The partner retains the option of proving that the failure to record is due to a technical problem with the program we use.

We reserve the right not to pay commissions earned through fraudulent, illegal or overly aggressive questionable sales or marketing methods.

The claim to payment of the commission arises as soon as and insofar as the advertised party has paid the remuneration for the transaction subject to commission in full or in part and, with regard to any rights of revocation of the advertised party, 30 days have passed since receipt of the object of purchase. The claim to commission shall lapse if and insofar as it is established that the advertised party does not perform despite proper execution of the transaction. We shall only be obliged to assert and enforce the claim for payment in court at the express written request of the partner and only if these measures promise sufficient prospect of success. If we reject the judicial or enforcement of the payment claim for lack of prospects of success, the partner may demand that we assign the claim to it for assertion in its own name and at its own expense. If the commission has already been paid, it must be repaid.

We settle the commissions every calendar month, at the latest by the 15th of the following month. A payment was made only when a commission amount of at least 100.00 € was accumulated on the account specified by you of the after billing.

A prerequisite for a payout is also an accounting by the partner. If the Partner is obliged to levy value added tax, it must also observe and comply with the provisions of the Value Added Tax Act in this respect.

6. Identify yourself as a Mulchmaster affiliate/respect intellectual property

You may not in any way misrepresent or embellish the relationship between us and you, say that you develop our products, say that you are part of MWS Schneidwerkzeuge GmbH & Co KG, or express or imply any relationship or affiliation between us and you or any other person or entity except as expressly permitted in this Agreement.

We shall be entitled to all industrial property rights to the Mulchmaster products, including copyrights, trademark rights, company rights and other marks and know-how, if any. The partner undertakes neither to attack our property rights himself nor to have them attacked by third parties or to support third parties in attacking them in any way. If the Partner violates this provision, we shall be entitled to terminate this contract without notice for good cause.

You may not purchase products through the affiliate links for your own consumption. Such purchases may result in the withholding of referral commissions and/or termination of this Agreement.

7. Data protection

We would like to point out that your acquired personal data will be stored for the implementation of this contractual relationship. A passing on to third parties is only possible with your consent.

8. Customer definition

Customers who purchase through this program are considered our customers. Accordingly, all of our rules, policies and operating procedures regarding customer orders, customer service and product sales apply to these customers. We may change our policies and operating procedures at any time. For example, we set the prices of products sold under this program in accordance with our own pricing guidelines. Product prices and availability may change from time to time. Because price changes can affect products you have run on your website, you are prohibited from displaying product prices on your website. We use commercially reasonable efforts to present accurate information, but cannot guarantee the availability or price of any particular product.

9. Responsibilities

You are solely responsible for the development, operation and maintenance of your website and other platforms on the Internet or appearances in social media and for all materials that appear. For example, you are solely responsible for:

• the technical operation of your website and all related devices
• ensuring that the publication of affiliate links on your website does not violate any agreement between you and a third party
• the accuracy, truthfulness and appropriateness of the materials posted on your website (including, without limitation, any product-related materials and any information you include in or link to specific links)
• ensuring that the materials posted on your website do not infringe the rights of any third party (including, without limitation, copyright, trademark, privacy or other personal or proprietary rights)
• ensuring that the materials posted on your website are not defamatory or otherwise illegal
• for ensuring that your website or other Internet presence discloses, either through a privacy policy or otherwise, accurately and appropriately how you collect, use, store and disclose information collected from visitors, including, where applicable, that third parties (including advertisers) may provide content and/or advertising and collect information directly from visitors and place or recognize cookies on visitors’ browsers.

10. compliance with laws

As a condition of your participation in the Program, you agree that while you are a Program Participant, you will comply with all laws, ordinances, rules, regulations, orders, licenses, permits, or other orders of any governmental authority having jurisdiction over you, whether such laws, etc. are currently in effect or may later become effective while you are a Program Participant.

In particular, you undertake to observe and comply with the provisions of the law against unfair competition. In the event of violations of this by you, you must indemnify us internally against claims by third parties.

Without limiting the foregoing obligation, you agree that as a condition of your participation in the Program, you will comply with all laws that govern marketing emails.

11. Duration of the agreement and the programme and termination

The contract begins with the acceptance of your program application by us and is concluded for an indefinite period.

Each party has the right to terminate the contractual relationship with 3 months’ notice in text form.

The right of termination for good cause remains unaffected. Good cause shall be deemed to exist in particular if the partner

• violates laws and regulations, in particular the law against unfair competition
• violates the regulations and obligations of this contract again after a warning has been issued
• uses overly aggressive, questionable sales and marketing methods despite having been warned to do so
• the partner has caused “a shitstorm” through its sales and marketing methods.

Upon termination of this Agreement, all use of our Program will be prohibited, your account will be deactivated, and access to your account will be blocked.

After termination of the contract, the Partner is prohibited from carrying out any marketing activities relating to the Mulchmaster.

Upon termination of the contract, we will deactivate/delete your account or your access to your account.

Commissions earned up to the date of termination will be paid out as soon as they are due, unless the commissions were earned through fraudulent, illegal or unlawful sales or marketing methods.

12. Relationship of the parties

You and MWS Schneidwerkzeuge GmbH & Co KG are independent contractors and nothing in this Agreement creates a partnership, joint venture, agency, franchise, sales representative or employment relationship between the parties.

Based on your activities, we assume that you are an entrepreneur in the sense of § 14 BGB (German Civil Code).

You are not authorized to make or accept any offer or representation on our behalf. You will not make any statement, whether on your website or otherwise, that is inconsistent with the provisions of this section.

13. Limitations of liability

We are only liable for intent and gross negligence. This also applies to organs, legal representatives, employees or other vicarious agents of MWS Schneidwerkzeuge GmbH & Co KG. This limitation does not apply to injury to life, limb or health or under the Product Liability Act.

We will not be liable for any indirect, special or consequential damages (loss of revenue, profits or data) arising in connection with this Agreement or the Program, even if we have been advised of the possibility of such damages. In addition, our total liability arising under this Agreement and the Program will not exceed the amount of any referral commissions paid or payable to you under this Agreement.

14. Disclaimer

We make no express or implied warranties or representations with respect to the Program or any products sold through the Program (including, but not limited to, warranties of fitness, merchantability, non-infringement or implied warranties arising out of the sale of the Services, trade or usage of trade). In addition, we make no representation that the Program will be uninterrupted or error-free and we shall not be liable for the consequences of any interruptions or errors.

15. Read receipt

You acknowledge that you have read this Agreement and agree to all of its terms and conditions. You acknowledge that we may, at any time, solicit customer referrals on terms that may differ from those contained in this Agreement or operate websites that are similar to or compete with your website. You have independently evaluated the advisability of participating in the Program and are not relying on any representations, warranties or statements other than those set forth in this Agreement.

No protection of competition or customers has been agreed.

16. Other

If the partner is a merchant, the exclusive place of jurisdiction for disputes arising from this contract is Meiningen.

The relations between us are exclusively subject to the law of the Federal Republic of Germany.

The above provisions fully reflect the agreements between the parties. There are no ancillary agreements. Amendments or supplements to this agreement must be made in text form in order to be effective. This also applies to the waiver of the text form requirement.

The invalidity of one or more provisions of this contract shall not affect the validity of the remainder of the contract. The parties are obliged to replace the invalid provision by a provision which comes closest to the economic purpose of this contract in joint agreement. The same shall apply to any loopholes in the contract.