Affiliate Terms and Conditions
Last modified: October 5, 2018
These Terms and Conditions (the “Affiliate Agreement”) govern the Affiliate Program that is made available by Zerebro UG (haftungsbeschränkt), Sophienstr. 11, 76133 Karlsruhe, Germany, also referred to as “hirnschmalz.works”, “we” or “us”. These Terms and Conditions represent the whole agreement and understanding between hirnschmalz.works and the individual or entity who participates in the Affiliate Program, also referred to as the “Affiliate”, or “you”.
Please read this agreement carefully as it represents a legally binding agreement between you and hirnschmalz.works. By submitting your application and by your use of the Affiliate Program, you agree to comply with all of the terms and conditions set out in this Affiliate Agreement.
2. Approval or Rejection of the Application
We reserve the right to approve or reject any Affiliate Program Application in our sole and absolute discretion. You will have no legal recourse against us for the rejection of your Affiliate Program Application.
3. Referral Tracking
Hirnschmalz.works will provide the Affiliate with specific Referral Links and/or Coupon Codes to link advertisements and other marketing content to hirnschmalz.works. Hirnschmalz.works will track users who have visited these Referral Links using cookies which expire after 30 days. Only users who make a purchase while the cookie is active will be considered referrals of the Affiliate and recorded as such in the Affiliate Dashboard.
You cannot refer yourself, and you will not receive a commission on your own accounts. There is also a limit of one commission per referral. If someone clicks the link on your site and orders multiple accounts, then you will receive a commission on the first order only.
The Affiliate is not authorized to modify or alter the Referral Links or the cookies in any way. hirnschmalz.works is not responsible for any tracking or reporting errors that may result from any modifications to the Referral Link or the cookies.
4. Affiliate Fees and Payouts
A referral will become eligible for payout (“Eligible Referral”) at the beginning of the next calendar month if it meets all of these criteria:
- The referral makes a successfully completed and paid purchase of a product listed on hirnschmalz.works.
- The referral has not had any of its payments refunded, charged back or otherwise reversed.
All web page error requests (such as 403 errors or 404 errors) will direct traffic to a default hirnschmalz.works error page. This error page informs visitors that the web page they are looking for cannot be found.
The Affiliate is entitled to receive a one-time payment for each active Eligible Referral that is recorded in the Affiliate Dashboard (“Affiliate Fee”). The payment amount depends on the individual agreement between hirnschmalz.works and you and is visible in the Affiliate Dashboard. Affiliate Fees will be payable only when the Affiliate has at least 3 Eligible Referrals that are pending payout.
All Affiliate Fee payments will be payable in Euros only, except as otherwise determined by hirnschmalz.works in its sole discretion. Payments will be made through PayPal against a valid invoice issued by the Affiliate. The Affiliate is responsible for providing hirnschmalz.works with the full and accurate details that are required to remit the Affiliate Fees, and is solely responsible for any delays in payment resulting from its failure to do so.
Referrals will become void, and any unpaid Affiliate Fees will be forfeited, after 12 calendar months without an invoice from the Affiliate.
In the event of any activity deemed suspicious by hirnschmalz.works, hirnschmalz.works may delay the payment of Affiliate Fees by up to 2 calendar months to verify the relevant transactions. Hirnschmalz.works reserves the right to recalculate, void, or disqualify any referrals or Affiliate Fees in the event of any fraudulent, deceptive or otherwise illegal activity.
Hirnschmalz.works hereby grants the Affiliate a non-exclusive, non-transferable, limited license to use the hirnschmalz.works logos for the sole purpose of promoting our service within the context of the Affiliate Program. This license will expire upon termination of the Affiliate’s participation in the Affiliate Program.
The Affiliate may only display advertisements that contain hirnschmalz.works’s logos or product marks in good taste. The Affiliate may not use hirnschmalz.works’s logos or service marks in a manner that, in hirnschmalz.works’s sole discretion, portrays hirnschmalz.works in negative light.
The Affiliate will be solely responsible for its own marketing activities. All marketing activities must be professional and in full compliance with all applicable laws.
Hirnschmalz.works may, without prior notice, require the Affiliate to remove or modify any advertisements in hirnschmalz.works’s sole discretion.
The Affiliate may terminate the Affiliate’s participation in the Affiliate Program with immediate effect by giving the other party a written notice of termination.
Hirnschmalz.works reserves the right to terminate the Affiliate’s participation in the Affiliate Program at any time for conduct that is in material breach of this Affiliate Agreement or for conduct that hirnschmalz.works, in its sole discretion, deems to be harmful to its business or any third party. Reasons for termination include but are not limited to the following:
- Inappropriate advertisements (false claims, misleading hyperlinks, etc.).
- Spamming (mass email, mass newsgroup posting, etc.).
- Advertising on sites containing or promoting illegal activities.
- Violation of intellectual property rights.
- Self referrals, fraudulent transactions, suspected Affiliate fraud.
Upon termination, the Affiliate will lose access to its Affiliate Dashboard and will forfeit all potential or unpaid Affiliate Fees.
7. Affiliate Links
You may use graphic and text links both on your website and within your email messages. You may also advertise the hirnschmalz.works site in online and offline classified ads, magazines, and newspapers.
You may use the graphics and text provided by us, or you may create your own as long as they are deemed appropriate according to the conditions and not in violation as outlined in Condition 6.
8. Coupon and Deal Sites
Hirnschmalz.works occasionally offers coupons to select affiliates. If you are not pre-approved / assigned a branded coupon, then you are not allowed to promote the coupon. Below are the terms that apply for any affiliate who is considering the promotion of our products in relation to a deal or coupon:
- Affiliates may not use misleading text on affiliate links, buttons or images to imply anything besides currently authorized deals to the specific affiliate.
- Affiliates may not generate pop-ups, pop-unders, iframes, frames, or any other seen or unseen actions that set affiliate cookies unless the user has expressed a clear and explicit interest in activating a specific savings by clicking on a clearly marked link, button or image for that particular coupon or deal. Your link must send the visitor to the merchant site hirnschmalz.works.
- User must be able to see coupon/deal/savings information and details before an affiliate cookie is set (i.e. “click here to see coupons and open a window to merchant site” is NOT allowed).
- Affiliate sites may not have “Click for (or to see) Deal/Coupon” or any variation, when there are no coupons or deals available, and the click opens the merchant site or sets a cookie. Affiliates with such text on the merchant landing page will be removed from the program immediately.
9. Pay Per Click (PPC) Policy
PPC bidding is allowed with prior written permission.
10. Relationship of Parties
Hirnschmalz.works and the Affiliate are independent contractors. Nothing in this Affiliate Agreement will create any partnership, employment, representative, agency, or joint venture relationship between the parties. The Affiliate has no authority to act on hirnschmalz.works’s behalf.
11. Limitation of Liability
The Affiliate Program is provided on an “as is” and “as available” basis and the use of the Affiliate Program is at the Affiliate’s own risk. Hirnschmalz.works makes no representations or warranties, either expressed or implied, with respect to the Affiliate Program, or any service or information provided through the Affiliate Program.
Hirnschmalz.works is not responsible for any damages, injury or economic loss arising from the use of the Affiliate Program. Should any part of the Affiliate Program cause damage or inconvenience to the Affiliate or anyone claiming through the Affiliate, the Affiliate assumes responsibility and the entire cost for them.
The Affiliate will indemnify and hold harmless hirnschmalz.works, its directors, officers, employees, agents, subsidiaries, and third parties from and against any losses, damages, liabilities, claims, judgments, settlements, fines, costs and expenses (including reasonable related expenses, legal fees, costs of investigation) arising out of or relating to the Affiliate’s or any third party’s operations or use of the Affiliate Program.
Hirnschmalz.works may, in its sole discretion, change or modify this Affiliate Agreement at any time, with written notice. Such changes or modifications shall be made effective for all Affiliates upon posting of the modified Affiliate Agreement to this web address: https://hirnschmalz.works/affiliate-tos-page/.
The Affiliate is responsible to ensure that its use of the Affiliate Program remains in compliance with this Affiliate Agreement.
If any modification is unacceptable to the Affiliate, its sole recourse shall be to terminate this Affiliate Agreement. The Affiliate’s continued participation in the Affiliate Program will constitute binding acceptance of such modifications.
The Affiliate warrants and represents that it is over the age of 18 and is qualified to enter into this Affiliate Agreement.
The Affiliate warrants and represents that its actions and its participation in the Affiliate Program is in compliance with all applicable laws, rules, regulations, and any requirements of governmental authority at all times.
This Affiliate Agreement constitutes the entire understanding between hirnschmalz.works and the Affiliate. This Affiliate Agreement supersedes any other contracts or understandings between the parties hereto and neither party shall be bound by any statements or representations that are not embodied in this Agreement.
This Affiliate Agreement is to be evaluated under German law and jurisdiction.