|
|
|
|
|
|
|
|
|
Affiliate Program / Premium Affiliate Management General Terms
and Conditions
The following General Terms and Conditions are intended for Web
site owners (hereafter, "Affiliates") who wish to participate as
Affiliates in the Affiliate Program provided by element 5 (governed
by II. and IV. in these General Terms and Conditions) on the basis
of these General Terms and Conditions.
Object of the Affiliate Program
The object of the Affiliate Program provided by element 5 (hereafter,
"Program") is to publish electronic advertisements on the Web site
of the Affiliate for selected software products offered by element
5 Software Publishers. Instead of fixed compensation, the Affiliate
receives result-dependent Advertising Cost Compensation (also known
in the element 5 Control Panel as "Commission") in exchange for
publishing the advertisements. The Advertising Cost Compensation
depends on the actual sales generated by end users referred via
the electronic advertisement (the Affiliate's link).
Within the context of sales processed from this Program, element
5 acts (to the end user) as a service provider for DIMDATA and handles
the sales process by proxy of DIMDATA in accordance with underlying
share-it! Developer Agreement. element 5 receives an additional
service fee from the participating Publishers for this Affiliate
Management.
Under the terms of this Affiliate Management, "Affiliate's Control
Panel" shall mean the password protected secure interface on element
5's Web servers that allows the Affiliate to (i) gain access to
referred sales through a secure online connection and (ii) change
Affiliate related settings, e.g. input or alteration of personal
data, definition of default style within the context of the given
technical limitations, and requests for new partnerships with DIMDATA
or termination of existing partnerships.
II. Affiliate Program
§ 1 Affiliate Participation
Participation of an individual Affiliate in the Program is dependent
on activation by the DIMDATA. Once the Affiliate has registered,
element 5 will send an e-mail to DIMDATA with a request to activate
the Affiliate. Once the Affiliate is activated by DIMDATA, the Affiliate
is considered to be a participant in this program and is bound by
these General Terms and Conditions.
§ 2 Products under the Agreement
(1) The Products under the Agreement are software products designated
by the respective Software Publisher for this purpose and which
can be selected by the Affiliate from a product catalog in the Affiliate
Control Panel.
(2) Following initial activation of a product under the agreement,
the Affiliate has the opportunity to choose further software products
(including those from other Software Publishers), found in the Affiliate's
Control Panel, and offer them on the Affiliate's Web site under
these General Terms and Conditions. However, the offering of these
new products is dependent on the Software Publisher activating the
Affiliate for the respective software.
§ 3 Control Panel
(1) After successfully completing the registration process for participation
in the Program, the Affiliate will be sent a user ID and a password
to access to the "Affiliate Control Panel". With the user ID and
password, the "Affiliate Control Panel" provides the Affiliate access,
via a secure online connection, to a secure area on element 5's
Web server so that the Affiliate may, at any time, view the number
of software sales the Affiliate has referred, as well as change
other settings.
(2) When using the user ID and password, the Affiliate shall observe
the following obligations and precautions: (i) Only the Affiliate
may use the user ID and password. (ii) The password shall be kept
strictly confidential. The Affiliate shall take due care to ensure
that no unauthorized parties learn the password. (iii) If the Affiliate
loses its password or if there is a possibility that an unauthorized
party has learned the user ID and password, the Affiliate shall
immediately report this to element 5, which can then block access
by the Affiliate to the Control Panel. All actions carried out with
the user ID and password will be attributed to the Affiliate.
§ 4 Integration of the Link
(1) The Affiliate shall integrate the product under the agreement
using the appropriate link on its Web site; the link points to the
order form operated by element 5. This link is generated by a Link
Generator for the respective product under the agreement. The Link
Generator is located in the secure area of element 5's Web site
in the "Affiliate Control Panel". The link that is generated contains
an individualized affiliate user ID by means of which any sales
can be attributed to the Affiliate. Proper technical integration
of the link is the responsibility of the Affiliate. If the links
do not function, no Advertising Cost Compensation will be paid.
(2) The Affiliate shall indicate on its Web site that (i) the Affiliate
is acting as an independent partner of the respective Software Publisher
by participation in the Affiliate Program provided by element 5
and (ii) DIMDATA is the seller of the product and the payment process
is administered by element 5.
(3) The Affiliate shall produce a brief description for each activated
product on its Web site. The Affiliate is responsible for the content,
the style and the layout of this information. DIMDATA can provide
the Affiliate with graphics and text in an electronic format for
use in describing the product, which the Affiliate shall use for
the purpose of advertising the Products under the Agreement and
links according to the instructions of DIMDATA. The Affiliate should
be aware that the product prices and availability may change at
any time. It is not recommended that the price be listed on the
Web site of the Affiliate. Maintenance of these product prices is
possible only on the Web sites of DIMDATA and the Publisher's corresponding
site operated by element 5.
§ 5 Order Processing
(1) element 5 shall be responsible for the entire order processing
for the referred end user according to the terms and conditions
of the underlying share-it! Developer Agreement between DIMDATA
and element 5. element 5 shall provide the order forms for the order
processing on its Web server; receive payments from the referred
end users and forward these payments, less the agreed Advertising
Cost Compensation, the service fees and relevant value added tax
(VAT) to DIMDATA; handle refunds and returns according to the provisions
of the underlying share-it! Developer Agreement; and provide end
user service relating to the administration of the order.
(2) element 5 reserves the right to reject queries and orders which
do not meet its requirements; including, in particular, orders by
referred end users who do not meet credit requirements, who do not
authorize direct debiting from their bank account, or who do not
present a valid credit card.
(3) An agreement by DIMDATA with the referred end user does not
exist until either a written or electronic order confirmation arrives
from element 5 in the name of DIMDATA or when element 5 begins to
fulfill the agreement in the name of DIMDATA. Typographical, printing
and computation errors on the Web site of the Affiliate shall be
charged to said Affiliate.
§ 6 Advertising Cost Compensation
(1) element 5 will pay Affiliate its advertising costs (including
Vat, if any, on presentation of a valid VAT invoice) if an end user
arrives via the link integrated in Affiliate's Web site at the order
page hosted by element 5 for the respective Software Publisher's
Product under this Agreement and end user uses the automatic ordering
system that carries out the registration and payment processing,
so that the Affiliate's link is deemed to be directly causative
for the entry of the End User into the agreement with the DIMDATA
and End User's payment, proving that all requirements are irrevocably
met ("agreements arising in a qualified manner"). Affiliate is only
eligible to earn the Advertising Cost Compensation on sales occurring
during the term of this Agreement and fees earned up to the date
termination will remain payable only if the related orders are not
cancelled or returned.
(2) Insofar as the referred end user accepts cookies when clicking
on Affiliate's link, proceeds from orders will be taken into account
which do arise within the lifespan (of max. 180 days) of the cookie(s)
used and/ or possibly within the lifespan of a special action of
the Software Publisher via integrated link.
(3) element 5 shall record and compute on a monthly basis the amount
of said Advertising Cost Compensation for the Affiliate.
(4) The computation basis for determining the value of the Advertising
Cost Compensation is calculated by the gross sales price (including
taxes, shipping and handling, etc.) actually invoiced to the referred
end user. The percentage of the respective Advertising Cost Compensation
shall be stipulated by DIMDATA, but shall not exceed 50% of the
effective gross sales price of the software.
(5) The Advertising Cost Compensation shall not be paid if and insofar
as it is determined that the end user will not meet its payment
obligations or will meet them only partially, or if for any other
reason the invoice to the end user was cancelled (e.g. in cases
where a charge back of a credit card charge, a debit advice or other
return or refund of the software product occurs). If the Advertising
Cost Compensation was previously paid by element 5, it can be offset
or invoiced to Affiliate at element 5's own discretion.
(6) The payment of the Advertising Cost Compensation shall occur
monthly insofar as the sum due exceeds a value of 100 EUR / 100
USD. If this is not the case, the sum due can be retained until
a total value of at least 100 EUR / 100 USD is reached, at the latest,
upon termination of the Affiliate's participation in the Program.
(7) The payment can be made by wire transfer, Direct Deposit (US
only) or check, as chosen by the Affiliate.
(8) The invoicing is deemed to be approved if the Affiliate does
not object in writing, including a statement of reasons, within
four weeks.
|
|
|
© Copyright 2008
DIMDATA Co., Ltd. All rights reserved.
|
|
DIMDATA's Support websites and products: XCEEDHOST :
Think SQLServer
|
|
