Welcome

Hello, thank you for joining our affiliate program and supporting LONESOME DRAGON.

We don’t like petty conditions and clauses, but but we guess this just has to be. Regardless, however, we don’t like feeding our lawyer (sorry *g*) and we assume that if there are any problems, a solution can be found to everyone’s satisfaction. Just talk to us 🙂

1. scope

1. These Terms and Conditions of Participation (hereinafter referred to as “T&Cs”) apply to the contractual relationship of the affiliate partner (hereinafter referred to as “Partner”) and the LONESOME-DRAGON Affiliate Program (hereinafter referred to as “Affiliate Program”).
2. We provide our services exclusively on the basis of these GTC. The partner’s own terms and conditions require our express written consent and therefore do not apply even if we do not expressly object to their validity.

2. conclusion of contract

1. A contract between us and the partner for the placement of advertising material is concluded via our online application procedure at https://lonesome-dragon.com/affiliate-registration/. By registering, the partner makes an offer to participate in the partner program and accepts the terms and conditions. A contract is only concluded when through the activation of the application declare acceptance of the offer and release specific advertising media for the partner.
2. There is no right to participate in the partner program and to conclude a contract with us. We can reject individual partners at any time without giving reasons.

3. subject matter of the contract

1. The subject of this contract is the participation in the affiliate program, which is intended to increase the sales of our products through our website. Participation in the partner program is free of charge for the partner. For this purpose, we provide the Partner with a selection of advertising media via the Partner Program at our own discretion. We may thereby offer different programs simultaneously (hereinafter “campaigns”).
2. The Partner shall place the advertising materials released for him on his own responsibility on his websites registered and released in the Partner Program (hereinafter “Partner Website”). The Partner decides freely whether and for how long he places the advertising material on the Partner Website. He is entitled to remove the advertising material at any time.
3. For the application and successful mediation of transactions (eg orders), the partner receives a commission, which depends on the scope and real value of the service. The details result from the description of the respective campaign in the partner program and Ziff. 7 of these GTC.
4. The affiliate program does not establish any other contractual relationship between the parties beyond this contract.
5. The products and prices in the online store are considered an offer. However, this offer is always subject to the contract dissolving condition of a delivery impossibility or an incorrect price.

4. How the affiliate program works

1. The partner must register for the partner program with the data requested during registration. After successful registration, a customer account is set up for the partner, through which the partner can manage his partner activities.
2. For approved campaigns, we provide the partner with a specific HTML code for links and other advertising materials, with which users of the partner websites can be identified when they click on the link. The partner must integrate this HTML code into its website to enable tracking.
3. Through the customer account, the Partner also receives access to certain statistical data defined in detail by us about the advertising media used by him.

5. our duties

1. We shall provide the Partner with a selection of advertising media (e.g. advertising banners, text links, videos and images) (hereinafter: “Advertising Media”) for individual campaigns at our own discretion.
2. We provide in a suitable manner for tracking of visitors who reach our website via the advertising media integrated by the partner in his website (hereinafter “Partner Leads”). We also ensure an assignment of any orders through Partner Leads (hereinafter “Sales”) to the Partner.
3. We operate our website and the services offered on it, such as the provision of product data, within the scope of the technical possibilities available to us at our own discretion. In this context, we do not owe error and / or uninterrupted availability of the website. The quality and correctness of the products and advertising materials offered on our website are at our sole discretion.
4. In addition, we undertake to pay the remuneration pursuant to item 7 under the conditions stipulated therein.

6. rights and duties of the partner

1. The partner may only integrate the advertising media for the purposes provided for in this contract and only in the partner websites. The links provided may also be used with other advertising media (such as in newsletters or social media) after consultation with us.
2. The advertising materials may not be changed.
3. The partner is responsible for the content and ongoing operation of the partner website itself and will not place any content there during the term of this contract that violates applicable law, morality or the rights of third parties and/or is likely to damage our reputation. We are entitled, but not obliged, to check the partner websites. In particular, the partner is prohibited from disseminating content that depicts, concerns or contains the following. Such content may neither be integrated on the partner website itself nor may links be made from the partner website to corresponding content on other websites.
   • Racism,
   • Glorification of violence and extremism of any kind,
   • Calls and incitement to commit crimes and/or violations of the law, threats against life, limb or property,
   • Hearing against people or companies,
   • personality-infringing statements, defamation, defamation and slander of users and third parties as well as violations of the law of fair dealing,
   • copyright infringing content or other infringement of intellectual property rights or
   • sexual harassment of users and third parties
4. Any form of abuse, i.e. the generation of leads and/or sales via unfair methods or improper means that violate applicable law and/or these GTC is prohibited. In particular, the Partner is prohibited from attempting, itself or through third parties, to generate leads and/or sales by means of one or more of the following practices or to ensure that sales are attributed to the Partner:
   • Faking leads or sales that in reality have not taken place, e.g. by the unauthorized indication of foreign data or the indication of false or non-existent data when ordering goods on our website,
   • Use of forms of advertising that allow tracking but do not display the advertising medium, do not display it perceptibly or do not display it in the specified shape and/or size,
   • Cookie Dropping: Cookies may not already be set when visiting the website, but only if the user of the partner website has previously clicked on the advertising material in a voluntary and conscious manner,
   • Other forms of affiliate fraud (especially cookie spamming, forced clicks, affiliate hopping) as well as the use of layers, add-ons, iFrames and postview technology to provide for an increase in leads,
   • Use of terms protected by law, in particular by trademark law, for us or third parties, for example in search engines, in ad placements or advertising of the partner website without our express prior written consent. In particular, the partner is prohibited from providing websites on the Internet that could lead to a risk of confusion with us or products offered by us. In particular, the partner may not copy our website, landing pages or other appearances of ours or adopt graphics, texts or other contents of ours. The partner must avoid the impression that the partner website is a project of ours or that its operator is economically connected with us in a way that goes beyond the partner program and this contract. Any use of materials or content from our appearance as well as of our logos or trademarks by the partner requires our prior written approval.
5. The Partner undertakes to operate the Partner Website also in all other respects in accordance with applicable law and, in particular, to maintain a proper imprint.
6. Email advertising that contains advertising material or otherwise advertises for us may only take place if this has been approved by us in advance and express consent to advertising by email has been given for all addressees and verification of the email address has been carried out and documented by means of a double opt-in process.
7. The partner will immediately remove advertising material from the partner website if requested to do so by us. This also applies in particular to websites on which we do not wish to integrate the advertising material for whatever reason or no longer wish to do so.
8. The partner will refrain from any reference to us and our products in any advertising of the partner website. In particular, the partner will not place context-based advertisements (in particular Google AdWords or AdSense) that contain our name, company keywords or brands or are delivered due to the use of corresponding keywords. The same applies to the names of our products.
9. The Partner undertakes to refrain from electronic attacks of any kind on our tracking system and/or our websites. Electronic attacks include, in particular, attempts to overcome, circumvent or otherwise disable the security mechanisms of the tracking system, the use of computer programs for the automatic reading of data, the use and/or distribution of viruses, worms, Trojans, brute force attacks, spam or the use of other links, programs or procedures that may damage the tracking system, the partner program or individual participants of the partner program.

7. remuneration

1. The contractual partner receives a performance-based remuneration from us for sales made on our website by partner leads.
2. The claim for payment of the remuneration arises only under the following conditions:
   • through the advertising activity of the partner a sale of an end customer with us has come about,
   • the sale has been logged (“tracked”) by us,
   • the sale has been approved and confirmed by us and
   • There is no abuse in the sense of item 6 of these GTCs.
3. A sale is considered to be a fully completed order generated on our website by an end customer, which has also been paid for by the end customer. Reversals – for whatever reason – are not considered a sale if the end customer has not paid or if payments made by him are refunded. Reversals that occur more than 8 weeks after payment by the end customer are not taken into account.
4. Not subject to remuneration are orders of the partner or his relatives.
5. Not subject to remuneration are orders that come about due to partner leads generated via partner websites or other advertising space where we have requested the partner to remove the advertising material. This applies from the time of the request.
6. The tracking system used by us is decisive for the question of whether a sale is based on a partner lead. Unless otherwise specified in the partner program or in individual campaigns, the principle of “Last Cookie Wins” applies to the cookie runtime agreed with the partner (is displayed in the respective partner account). We shall not be liable for payment if and insofar as the tracking system fails or another malfunction is caused, which leads to the fact that an assignment of leads or sales to individual partners is not possible or only possible with considerable effort.
7. The amount of the remuneration depends on the commission stated in the respective campaign at the time of the sale. The amount of the commission is evident in the partner account. The commission is calculated on the value of goods excluding shipping costs.

8. Settlement

1. We will provide the Partner with a statement of remuneration claims in its customer account. The Partner shall check the settlement without delay. If the partner has objections to a settlement, these are to be asserted to us in writing within four weeks. After the expiry of this period, the settlement shall be deemed to be correct.
2. Remuneration claims are settled monthly and are due for payment no later than two months after the end of the month in which the end customer’s receipt of payment for the sale in question falls. Remuneration claims are only due when a minimum payment amount of CHF 30.00 is reached.
3. The payout is made by PayPal via the mail address stored by the partner in the customer account or by bank transfer. Fees (PayPal, bank charges) are borne by the partner.

9. liability

1. Unlimited liability: We are liable without limitation for intent and gross negligence.
2. Limited liability: in the event of slight negligence, we shall only be liable in the event of a breach of a material contractual obligation, the fulfillment of which is a prerequisite for the proper execution of the contract and compliance with which the partner may regularly rely on (cardinal obligation). The liability for slight negligence is limited in amount to the damages foreseeable at the time of the conclusion of the contract, the occurrence of which must typically be expected.
3. A further liability of us does not exist.
4. The above limitation of liability shall also apply to the personal liability of our employees, representatives and organs.

10. indemnification claim/contractual penalty

1. The Partner shall indemnify us and our employees or agents in the event of claims for alleged or actual infringement and/or violation of third party rights by actions taken by the Partner in connection with the Partner Program from all third party claims arising therefrom. In addition, the Partner undertakes to reimburse all costs incurred by us as a result of such a claim by third parties. Reimbursable costs also include the costs of a reasonable legal defense.
2. The Partner undertakes to pay a contractual penalty for each case of misuse in accordance with Clause 6.3 to be determined by us at our reasonable discretion and to be reviewed by a court in the event of a dispute. The contractual penalty shall not exceed twelve times the Partner’s strongest monthly turnover within the last six months prior to the misuse. Further claims for damages remain unaffected by this provision.

11. rights of use

1. The advertising materials and our other content are protected by copyright and/or other industrial property rights. We grant the Partner a simple and non-exclusive right to use the advertising materials for the duration and purpose of this contract.
2. Any modification, duplication, dissemination or public reproduction of the advertising material or of a substantial part thereof in terms of type and scope shall require our prior written consent insofar as it goes beyond the scope granted in paragraph 1 above.

12. Confidentiality

1. The partner undertakes to keep secret for an unlimited period of time (even beyond the end of this contract) all knowledge of our trade and business secrets or other confidential information obtained within the framework of the contractual relationship, to use it only for the purposes of the contract and in particular not to pass it on to third parties or otherwise exploit it. If information is designated by us as confidential, the irrebuttable presumption shall apply that these are trade or business secrets.
2. The contents of this Agreement and the documents pertaining thereto shall be treated confidentially (as trade and business secrets) by the Partner.
3. The Partner shall obligate its employees and other persons whose services it uses to fulfill its contractual obligations to maintain confidentiality in a manner corresponding to the preceding paragraphs 1 and 2.

13. contract term and termination of the contract, block

1. The contract runs for an indefinite period and may be terminated by either party at any time without notice and without giving reasons.
2. In addition and beyond that, the right of the parties to terminate the contractual relationship by extraordinary termination for cause remains unaffected. For us, good cause entitling to extraordinary termination exists in particular in the following cases:
3. grave breach by the Partner of obligations under this Agreement, in particular a breach of Clauses 6.2, 6.4 and/or 6.8,
   • Breach of obligations under this contract and failure to remedy or cease the breach despite our corresponding request,
   • a case of abuse within the meaning of Clause 6.3.
   • The termination can be made by e-mail. A notice of termination declared by us by e-mail shall be deemed to have been received on the day on which it is sent to the e-mail address specified by the Partner in the customer account. We may also declare termination by restricting access to the customer account. The Partner may also declare the termination by deleting the customer account. The contract is terminated upon receipt of the notice.
4. After termination of the contract, the partner is obliged to immediately remove all advertising media and other links and content from us from the partner website. This also applies to websites or other advertising media in which the partner has integrated the advertising media or links without being authorized to do so.
5. Leads and/or sales generated after the termination of the contract do not lead to a remuneration obligation.
6. In place of termination, we may also block the customer account in the cases set out in Clause 13.2. This shall also apply if there is only a reasonable suspicion of misuse pursuant to Clause 6.3. We will inform the Partner of the reason for the block and lift the block again when the reasons that led to the block have been clarified and, if necessary, eliminated. Leads generated in the period of the block do not lead to an obligation to pay.

14. final provisions

1. If the contract should contain invalid provisions, the validity of the rest of the contract remains unaffected.
2. We reserve the right to adapt these GTC at any time. Any changes will be communicated to the Partner by e-mail. If the Partner does not agree with the changes, he is entitled to notify us of this until the expiry of four weeks from the receipt of the change notification. In this case we have a special right of termination. If such notification is not made within this period, the changes shall be deemed accepted and shall enter into force upon expiry of the period.
3. Amendments to the contract must be made in writing, oral side agreements have not been made.
4. Swiss law is exclusively applicable to the present contract.
5. It is agreed that our place of business in 8484 Weisslingen shall be the place of jurisdiction for all disputes arising from or in connection with contracts between us and the Partner.

 

Weisslingen, July 2023