You have an Adblocker enabled. Please deactivate it for a trouble-free navigation.General Terms & Conditions for the Partner Programme of easyname GmbH
(hereafter referred to as “easyname”)
1. Contractual Partners, Relationships Between the Parties
2. Registration as a Contractual Partner
3. Commission on Sales, Payment Period, Payout, Cancellations
4. Recruitment of Further Contractual Partners
5. Unauthorised Promotion of Offers
6. Term of Contract, Termination, Consequences of Termination
7. Assignment of Usage Rights
8. Limitation of Liability, Exemption from Liability
9. Data Protection
10. Changes to the Contract
11. Partial Invalidity
12. Other Provisions
1. Contractual Partners, Relationships Between the Parties
1. The duties of the contractual partners of easyname, within the scope of the partnership programme, are to acquire and refer clients and interested parties for the sale of products that can be ordered via our shopping cart (www.easyname.at/de) and/or of products that easyname has set commissions for distributing. The objective of acquisition is to generate sales which will be settled via easyname.
2. To this end, the contractual partner will link its website with the relevant product site of easyname.
3. The contractual partner and easyname shall operate their websites independently of each other. Neither party is entitled to act or present itself in the name of the other party or as its representative. The contractual relationship does not constitute the grounds for a corporation/group, nor a working relationship, nor a commercial representative contract.
2. Registration as a Contractual Partner
1. Registration and participation in easyname’s partner programme is free of charge for the contractual partner. By registering to participate in the partner programme and clicking the relevant box during registration, the contractual partner accepts these general terms and conditions for the partner programme.
2. Registration is performed in the log-in area of our service provider. The partner programme is run using an external tool of easyMarketing GmbH in Dortmund. Sales are recorded and commissions are assigned via the easyMarketing tool. In addition, easyMarketing performs the full settlement process for commissions for the partners. The partners log into easyMarketing using their data. Partner data are also saved there. However, the tool is managed by easyname. A contract for order processing exists with easyMarketing GmbH.
3. The contractual partner is obliged to give all information required in the registration form to the best of its knowledge and belief. Registering under a false name, in particular, will lead to immediate termination of participation in the partner programme.
4. easyname reserves the right to reject a contractual partner without giving reasons for doing so.
3. Commission on Sales, Payment Period, Payout, Cancellations
1. The contractual partner shall receive basic commission on sales from easyname for all sales facilitated by the contractual partner that are actually made. Any supplementary agreements to the agreements regarding the conditions must be in writing and signed.
2. To ensure that the sales can be correctly assigned to a contractual partner, the contractual partner must guide users to the individual programme pages of easyname using its individual tracking link. The contractual partner is responsible for correctly linking to the programme pages and is not entitled to any remuneration in the event that it guides users to the programme pages using foreign or faulty tracking links.
3. The commissions are always settled for the full month. The contractual partner will receive a settlement receipt for the commission settlement from the commissioned service provider. Insofar as the partner is a company or entrepreneur subject to value-added tax, the partner hereby agrees that the commissions from easyname may be settled using the crediting procedure as stated in accordance with Section 11, (7) and (8) of the UstG [German Value-Added Tax Act].
4. The commissions shall be paid out at the beginning of the month following the month in which the commissions were accrued. In addition, an opposition period of 14 days from the conclusion of the contract must have expired and the first invoice for the referred contract must have been settled.
5. The VAT shall only be paid out if the partner is commercially active as a company or entrepreneur subject to VAT with registered offices in Germany and if easyname has received a copy of its business registration certificate, proof of a valid tax number and complete address data. The partner’s claim to a payout of VAT begins from the day on which all required commercial data has been fully recorded and saved by the service provider commissioned by easyname (easyMarketing GmbH). Contractual partners have no right to claim retroactive VAT payouts. The partner is responsible for paying tax on any commission realised.
6. easyname reserves the right to retain commission payments to German contractual partners until it has received valid German account details for an account in the name of the contractual partner.
7. If a user referred by the contractual partner cancels its payment, the contractual partner shall bear the cancellation risk and cancellation costs in proportion to the sales commission it has received on the entire amount of the cancelled payment.
8. If easyname decides to initiate collection proceedings in or out of court against a user because the user has cancelled a payment, then easyname shall bear all associated costs in the event that the proceedings are unsuccessful. If the cancelled payment is successfully procured, the contractual partner shall receive subsequent credit for the commission on this payment.
9. In the event that easyname itself refrains from demanding a cancelled payment in or out of court, but the contractual partner wishes to attempt to procure it, the contractual partner, in this instance, shall also bear the complete risk for the costs incurred by the collection proceedings and must furnish these costs in advance. If the collection proceedings are successful, the contractual partner will subsequently be credited for the collection costs and its proportional commission.
4. Recruitment of Further Contractual Partners
1. The contractual partner may recruit further contractual partners for easyname’s partner programme.
2. The contractual partners that are thus recruited are only contractual partners of easyname, and are not contractual partners of the recruiting contractual partner.
3. The data for the newly recruited contractual partners is subject to data protection and the recruiting contractual partner is not, under any circumstances, entitled to view this data. The recruiting contractual partner shall only have a right to information regarding the total number and total share of sales for the recruited contractual partners.
5. Unauthorised Promotion of Offers
1. The contractual partner is obliged to promote the programmes of easyname with due care, not using improper methods (such as spamming) nor in any other illicit manner.
2. The partner may only participate in the partner programme using its own websites. The partner is obliged to abstain from using any technology suitable for procuring or manipulating commissions in violation of the conditions of the partner programme. Furthermore, the partner is obliged to configure its websites, including all entries in search engines, directories or third-party link lists in such a manner that all legal requirements are met and no third-party rights are violated.
3. In addition, the partner is obliged to ensure that the websites covered by these general terms and conditions contain no depictions of violence, sexual or pornographic content, discriminating statements or depictions of discrimination, particularly those regarding ethnicity, gender, religion, nationality, disability, sexual orientation or age.
4. Furthermore, the partner is not entitled to use the name, logo, proprietary marks and trademarks or other rights of easyname in any form outside the scope of this partner programme.
5. The legal responsibility, as regards media, copyright, competition and any other legal responsibility, for linking and advertising campaigns is borne solely and exclusively by the contractual partner. Therefore, the contractual partner shall fully protect and indemnify easyname against all disadvantages, particularly those relating to copyright law, media law and unfair competition law, including costs or other expenses from or in conjunction with court or out-of-court claims, regardless of whether they are of a civil or criminal nature.
6. In the event of any unauthorised promotion, easyname is furthermore entitled to block the contractual partner or individual accounts of the contractual partner and to retain any sales commissions realised via this unauthorised promotion.
7. Unauthorised promotion of offers also constitutes good cause for the immediate termination of the contractual partnership.
8. Contractual partners are expressly prohibited from recruiting themselves in order to reduce their own tariff price. Should this occur, payouts will not be made and we reserve our right to block the account.
6. Term of Contract, Termination, Consequences of Termination
1. The contractual partnership is concluded for an indefinite period.
2. Notice of termination must always be given in writing.
3. Insofar as no other agreements exist, the contractual partner may terminate the contractual partnership at any time with immediate effect.
4. The contractual partnership can be terminated by easyname with the proper notice period of one month.
5. The contractual partnership can be terminated without notice and with immediate effect by easyname if there is good cause. Good cause is constituted by, for example, the contractual partner violating these general terms and conditions, the contractual partner obtaining benefits by deception, a significant change in the contractual partner's or easyname's shareholder or directorial relationships, or by easyname suspending the partner programme.
6. After the end of the contractual partnership, all usage rights to materials provided by easyname (layouts, banners, images etc.) granted to the former contractual partner shall also come to an end. In the event of termination without notice, the contractual partner must remove all of the materials provided from its websites immediately.
7. A claim to a payout of the sales commission and to the share in commission for recruited partners shall only be valid for the term of the contractual partnership.
8. Any sales commission accrued up until the point that the contractual partnership ends shall remain due from easyname, insofar as the sales have actually occurred and have not been cancelled by the user. Furthermore, easyname reserves the right to retain commissions that may be at risk of cancellation following the end of the contractual partnership until they are secure and can no longer be cancelled.
9. Claims to compensation in conjunction with the end of a contractual partnership are excluded.
7. Assignment of Usage Rights
1. During the contractual partnership, easyname grants the contractual partner non-exclusive usage rights to the provided banners, layouts and images etc. within the remit of promoting easyname’s products on the website of the contractual partner.
2. All materials assigned as such may only be used for the promotion of easyname programmes.
3. The copyright notices on the materials may not, under any circumstances, be removed.
4. The materials may not be defaced in order to disadvantage the persons shown on them.
5. Only materials that are labelled accordingly may be used on the contractual partner’s server/webspace.
6. If the contractual partner violates the provisions for the assignment of usage rights, then the damages against third parties (designers, content providers, content vendors, models etc.) resulting from this due to violations of copyright or other violations shall be borne solely by the contractual partner.
8. Limitation of Liability, Exemption from Liability
1. The liability of easyname, its employees, agents and representatives, on any legal grounds, is excluded, unless otherwise stated in the following.
2. The exemption from liability does not apply where there is intent or gross negligence, nor for injury to life, limb or health, nor for damages under the German Product Liability Act.
3. If the negligence is minor, easyname shall only be held liable if an essential contractual obligation has been violated, the fulfilment of which is required in order for the contract to be executed correctly and upon the fulfilment of which the contractual partner may regularly rely (a material obligation). In these cases, easyname shall only be liable for the amount of foreseeable damage which is typical for the contract.
4. easyname shall not assure the fault-free and uninterrupted operation of the partner programme and the individual programme pages. Liability for lost earnings due to and consequences of a failure in operation, such as no longer being able to call up the contractual partner’s website correctly, is, in all instances, excluded.
9. Data Protection
The regulations of the easyname privacy policy, which can be viewed on the easyname website and here, apply.
10. Changes to the Contract
1. easyname is entitled to change the general terms and conditions of this partner programme at any time. easyname shall notify the partner of any changes to the legal conditions within an appropriate time frame before they become effective, in the easyname partner area and via e-mail. The partner may object to the changed conditions within a period of six months following their announcement, otherwise the new conditions shall be deemed to be accepted. easyname shall expressly notify the partner of this consequence of a lack of objection with each change. The objection must be raised in writing. We hereby refer to easyname’s right to terminate the contract with notice if an objection is raised.
2. The contractual partner and easyname agree that the change shall be considered to have been announced once easyname has informed the contractual partner of the change by sending an e-mail to the contractual partner's e-mail address on file with the service provider easyMarketing GmbH or once easyname has published a notice to this effect in the partner area (easyMarketing) of the easyname website.
11. Partial Invalidity
If one of the provisions of these general terms and conditions should be or become completely or partially void or legally ineffective, then this shall not affect the validity of the remaining provisions of the general terms and conditions or the contract. In the event that a provision of these general terms and conditions is ineffective, the parties undertake to agree upon an effective provision that is as close to the contractual intention in business terms as possible. The same applies for contractual gaps and loopholes.
12. Other Provisions
1. The general terms and conditions of easyname GmbH also apply.
2. The place of performance shall be Vienna, Austria.
3. The substantive laws of the Republic of Austria shall apply.
4. Insofar as both parties are business people, legal persons under public law or special funds under public law, the place of jurisdiction for all resulting legal disputes shall be agreed as Vienna, Austria.
5. This contract contains all regulations relating to the contractual partnership. No verbal ancillary agreements exist. Changes and additions must be made in written, signed form. This also applies to the cancellation of the written form and signature requirement.
6. The employees of easyname GmbH may not participate in this partner programme.
Version as of: 06/01/2021