Affiliate Partner Program Terms & Conditions
Affiliate Partner Program cdVet Naturprodukte GmbH
1 Preamble
The affiliate program on the website www.cdvet.de is a free offer from cdVet Naturprodukte GmbH, Industriestr. 9-11, 49584 Fürstenau (hereinafter referred to as cdVet). The following terms and conditions apply exclusively to all affiliate contracts. They also apply to all future business relationships, even if they are not expressly agreed again. They are accepted by registering for the affiliate program.
The purpose of the affiliate partner program is to increase sales of branded products from cdVet via their online shop www.cdvet.de. This is done through the integration and presentation of the online shop operated by cdVet at the URL www.cdvet.de in the form of advertising banners, links, advertisements or other promotional posts on the websites of advertising partners, hereinafter referred to as affiliates.
The affiliate places links on its own responsibility and for a period of time to be determined by the affiliate itself on its websites (this includes social networks, domains, blog pages or newsletters of the affiliate) and receives a commission for each referral made through its advertising measure that leads to a successful sale, which depends on the real value and scope of the service.
Differing terms and conditions of the participants are non-binding unless they have been expressly accepted in writing by cdVet.
2 Conclusion of contract
2.1. Registration for the cdVet affiliate partner program takes place via the online shop at www.cdvet.de. The affiliate must create a customer account and then register to participate in the affiliate partner program. The system automatically activates the affiliate. The binding registration creates a contract between cdVet and the affiliate for the placement of advertising material.
2.2 Subject to the right to change without explicit reference, cdVet's general terms and conditions, which can be viewed at https://www.cdvet.de/agb, also apply. cdVet does not recognize any deviating regulations or general terms and conditions of the affiliate unless cdVet has expressly agreed to them in writing.
2.3 The affiliate partner contract is concluded with cdVet Naturprodukte GmbH, Industriestr. 9-11, 49584 Fürstenau.
2.4 The contract language is German.
2.5 cdVet employees are not authorized to make oral side agreements or give verbally assurances that go beyond the content of the contract.
2.6 The trading partner must always act as a natural person or a legal person.
3 Register for the Affiliate Partner Program
Participation in the affiliate program is free for the affiliate.
To participate in the cdVet affiliate partner program, the affiliate needs a customer account. To do this, they must first register on the website https://www.cdvet.de/account. Once they have registered, the affiliate has the option of confirming their participation in their customer account under the affiliate program tab by clicking on the "register for the affiliate program" button. From this point on, the affiliate can manage their advertising measures via this user account and generate a link with an associated affiliate code for all products offered in the online shop at www.cdvet.de that leads to the respective product. The affiliate must integrate this affiliate link into their website on their own responsibility in order to enable tracking and to ensure that orders placed via this link can also be assigned to the affiliate.
The affiliate is free to decide whether and for how long he places the advertising material/links on his website and in emails etc. He is entitled to remove the advertising material or links provided at any time. The affiliate program does not establish a joint company, an employment relationship or a commercial agency contract according to the German Commercial Code (HGB) between the parties.
4 Rights & Obligations cdVet
4.1 It is cdVet's responsibility to ensure that visitors reach the respective product pages on the cdVet website via the affiliate links integrated by the affiliate on its website using web tracking. Furthermore, cdVet ensures that orders placed as a result of the affiliate link are properly assigned to the affiliate.
4.2. Any liability for error-free and/or uninterrupted availability of the website is excluded.
5 Rights and obligations Affiliate
5.1. Making changes to web banners or other advertising media provided is not permitted. Links may not be linked to other prohibited content.
5.2. The affiliate is responsible for the operation and content of his website. The affiliate also assures that all content on his website complies with the law and does not violate applicable law, morality or the rights of third parties or damage the reputation of cdVet. cdVet reserves the right, but not the obligation, to check the affiliate's website occasionally.
5.3. Any form of abuse, i.e. the generation of commission-based business via the affiliate link using unfair methods or impermissible means that violate applicable law (for example the EU Health Claims Regulation, Regulation EC No. 1924/2006) and/or these Terms and Conditions, is prohibited. The affiliate is particularly prohibited from attempting, either itself or through third parties, to generate affiliate LEADS and/or sales using unfair practices or to ensure that sales are assigned to the affiliate.
5.4 Also prohibited are, among other things, the sending of unsolicited e-mail advertising (spam), the use of misleading links and the provision of false e-mail addresses, names and data.
5.5 In the event of a breach of this contractual obligation, cdVet is entitled to terminate the contract without notice.
6 Partner remuneration
6.1 The sales subject to commission are determined via the affiliate program. A claim to payment of a commission only exists for effective purchase contracts with end consumers (no B2B transactions) that have been concluded in the cdVet online shop by voluntarily and consciously clicking on a link placed by the affiliate on its affiliate website or in an affiliate email and provided by cdVet.
6.2 The commission is calculated as a percentage of the net sales value. Only sales where the goods have been delivered and paid for in full at least 14 days ago are taken into account for the commission. If the purchase contract is canceled, the commission will be canceled.
6.3 Commission payments can only be made if the affiliate's commission account has a balance of at least €50. No interest is paid on the balance. If a balance of €50 is not reached within a year and there is no change in the commission account balance, cdVet is entitled to close the account.
6.4 If the commission account has reached the required minimum payout amount of €50, the affiliate can independently trigger the payment of the commission by clicking the request button in their customer account. The commission is then transferred to the current account specified by the affiliate.
6.5 If cdVet terminates the affiliate contract for good cause, the balance of the commission account, provided it meets the minimum amount, will be paid out.
6.6 If a partner intentionally attempts to manipulate the statistics and thus the commissions to be paid to him, a contractual penalty of €2500.00 will be due.
6.7 If the affiliate is subject to German sales tax, the payment will be made plus the statutory German sales tax. The affiliate is obliged to inform cdVet immediately of any change in sales tax liability with proof from the responsible tax office. If no proof is available at the time of billing, sales tax will generally be withheld and paid; subsequent settlement is not possible for organizational and technical reasons.
7 Notice of defects and warranty
The affiliate must check the service and the billing immediately. Obvious defects must be reported to cdVet immediately in writing. Defects that cannot be discovered immediately even after careful inspection must be reported to cdVet in writing immediately after they are discovered.
8 Termination
8.1 The contract can be terminated at any time with a notice period of three working days.
8.2 The right to extraordinary termination for good cause remains unaffected. Attempts to influence the contractual ratings entitle cdVet to terminate the contract without notice. This applies in particular to mass self-clicks, the use of misleading links or illegal content, spam, manipulation or non-installation of the data collection codes or false information. Further claims for damages and in particular the assertion of a contractual penalty and the filing of a criminal complaint remain reserved in all cases.
9 General limitation of liability/ indemnity
9.1 Claims for damages against cdVet are excluded unless there is intentional or grossly negligent conduct or the violation of a contractual obligation. The same applies if compensation for indirect or consequential damages is required. Any liability is limited to the damage that was foreseeable at the time the contract was concluded and is typical for such cases.
9.2 If cdVet is sued by third parties due to a culpable breach of duty by the affiliate in relation to the placement of the advertising material provided, the affiliate undertakes to indemnify cdVet against all claims by third parties as well as the costs of cdVet's legal defense against such claims, including legal fees at the statutory rate. If cdVet requires information or statements from the partner for the legal defense, the partner is obliged to make these available to cdVet.
9.3 Statements to cdVet and changes to the contract must be made at least in text form (e-mail, fax). This also applies to the cancellation of the text form requirement.
10 Data storage
All data is stored electronically and/or manually in accordance with data protection laws and other legal provisions and regulations. If necessary for business transactions or in accordance with laws and regulations, we also pass on the data (or parts thereof) to third parties, in compliance with the legal provisions.
11 Place of performance, jurisdiction, choice of law
The place of performance for all obligations and the place of jurisdiction for all disputes arising from the contractual relationship is the registered office of cdVet, provided that the contractual partner is a merchant or a legal entity under public law. The contractual relationship is subject to the law of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods.
12 Changes to the Terms and Conditions/ Severability Clause
12.1 cdVet reserves the right to change these terms and conditions at any time and without stating reasons. CdVet will inform the affiliate by email two weeks before the terms and conditions are changed and give them the opportunity to view the amended version. The affiliate is then entitled to object to the changes. If the affiliate does not object to the validity of the new terms and conditions within two weeks of receiving the email, the amended terms and conditions are deemed to have been accepted. The affiliate will be separately informed of the importance of the two-week period.
12.2 If any provision of these terms and conditions is invalid, the remaining provisions remain unaffected. The invalid provision shall be deemed to be replaced by one that comes closest to the meaning and purpose of the invalid provision in a legally effective and economic manner. The same applies to any regulatory gaps.
cdVet Naturprodukte GmbH
Industriestraße 9-11
49584 Fürstenau
Tel.: 05901/9796-0
Fax: 05901/9796-133
HRG Bersenbrück HRB 4032
UStId: DE812675510