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As part of the partner program for webmasters offered and managed by NetDebit GmbH (NetDebit), NetDebit concludes contracts with webmasters, who use electronic advertising measures like a broker to conclude contracts between NetDebit and their customers acquire commission claims for this (partner contracts). NetDebit coordinates the affiliate program by booking and paying the commission to the webmasters.
The Organiser is aware that NetDebit shall be unable to guarantee continuous availability of e-tickets to customers for events of the Organiser on account of technical circumstances, such as possible overloading of telecommunication networks. Therefore, NetDebit's service shall be limited to the activities stated in the preceding clauses for 95% of the overall month.
These general terms and conditions of contract and business form the basis for the contrac-tual relationship between NetDebit and the Organisers. This shall also apply in the event that in individual cases the Organiser has contrary terms and conditions. These shall not be ac-cepted by NetDebit, in particular where NetDebit provides its services in the knowledge of an Organiser's contrary or differing terms and conditions.
NetDebit provides webmasters with a form online. They truthfully fill out the form. and in full and send this contract offer to NetDebit using the online form. NetDebit accepts the offer by declaring it to the webmaster if it has been submitted in full. The declaration can also be made electronically. An effective contract between NetDebit and a webmaster is concluded at the latest when the access data is sent (Section 2.3). The same applies to additions, changes or ancillary agreements. In addition, a contract is only concluded with webmasters who are over 18 years of age or who have the appropriate consent from a legal representative.
NetDebit shall send all information regarding this Contract to the Organiser's e-mail address stated individually in the registration form.
After the effective contract has been concluded, the webmaster receives his personal access data by email, which he can use to enter a closed area of NetDebit. Here the webmaster can choose from the available variants of partner programs. After he has decided to participate in one of the programs offered, he will receive advertising material or a link with his individual webmaster identification, which he will integrate into his page, either from NetDebit or from a contractual partner of NetDebit.
Die aufgrund von Werbung unter Verwendung der Webmasterkennung getätigten Umsätze verbucht NetDebit auf das individuell für den Webmaster eingerichtete virtuelle Konto (Kontokorrent).
After the effective conclusion of the contract for participation in the NetDebit partner program, the webmaster is entitled to advertise the services offered by one or more contractual partners of NetDebit on the Internet.
The webmaster acquires a commission claim if, due to his mediation activity, a contract between NetDebit and a customer comes into effect.
The amount of the commission claim for a mediated contract conclusion results from the current price list of the variant of the partner program selected by the webmaster. The webmaster has the opportunity to view statistics on commissions, sales, cancellations and credits online. For this purpose, NetDebit provides a closed area for webmasters via the website https://www.netdebit-payment.de.
The commission shall be due for payment on the 20th day of the month following the month in which NetDebit generated the revenue with the customer (subsequent month).
NetDebit shall enter the Organiser's commission in the virtual account set up individually for the Organiser (current account). NetDebit shall pay the commission due to the Organiser be-tween the 15th and 20th calendar day of the subsequent month. In the event that the Organ-iser shall not meet its obligations arising from this Contract or only in part, and if the breach of Contract is not relatively insignificant, NetDebit shall be entitled to exercise a right of retention on the due commission.
The commission shall only be paid plus the applicable value added tax (VAT) if the Organiser is able to prove in each tax year that it is authorised to separately state VAT pursuant to Sec-tion 14(4) of the German Value Added Tax Law (UStG) on invoices pursuant to Section 14 of the same by providing its VAT ID no./tax ID no. and submitting a valid notification from the competent tax authority (e.g. 'Form USt 1 TN') or a tax consultant.
Services and commission for the purposes of Section 14(2/2) of the UStG shall be settled by NetDebit by way of a credit entry. The credit shall lose its effect as an invoice if the recipient objects within a period of 2 weeks after entry. Following this period, any commission shall only be paid following submission of a proper invoice by the Organiser in accordance with Section 14(4) of the UStG.
NetDebit shall pay the Organiser via bank transfer to the account provided by the latter. In the event that the Organiser provides incorrect information concerning its bank details, it shall bear the transfer costs incurred. Any commission which is paid via bank transfer and is less than EUR10.00 in a month shall not generally be paid, but may be entered in the current account.
The payment of the commission is subject to the fact that a commission claim of the webmaster has arisen effectively. In the event that NetDebit makes payments without being entitled to commission, the webmaster is obliged to reimburse the commission payments made immediately and without any deductions.
If the Organiser does not have a bank account in its country of residence into which pay-ments may be made via standard EU transfer, NetDebit shall be entitled to make payment by cheque. Any commission to be paid by cheque and which is less than EUR50.00 in a month shall not be paid, but entered in the current account. If the entered amount exceeds EUR50.00, it shall be included in the next payment made by cheque to the Organiser. The Organiser will be able to view statistics concerning commissions, revenues, cancellations and credits online. NetDebit provides a closed area restricted to Organisers for this purpose on its website %1.
NetDebit has the right to use third parties to fulfill their service obligations. In this respect, the webmaster is obliged to cooperate with the third party and to recognize their performance as NetDebit's performance. In this context, third parties can also use affiliated companies within the meaning of the & sect; & sect; 15 ff. Of the Stock Corporation Act.
The webmaster is not entitled to call on third parties to fulfill his contractual obligations without the express consent of NetDebit. However, NetDebit will only refuse consent if there is an important reason that is likely to jeopardize the purpose of the contract.
If a claim of the Organiser against NetDebit is attached by a third party, the Organiser shall be charged an administration fee of EUR25.00 as flat-rate compensation. The Organiser may pro-vide evidence that no damages have been incurred at all or that these are significantly lower than the flat-rate amounts.
The webmaster is liable for all claims by NetDebit from the contractual relationship and from unauthorized actions, unless this is already justified by other provisions of these terms and conditions.
The webmaster is liable for violations of his employees against contractual obligations and for unauthorized actions of these employees as well as for other obligations regulated in this section as for his own culpable actions.
The webmaster is solely responsible for the links and contents of the websites operated by him. With the conclusion of the contract for participation in the partner program, the webmaster undertakes to design the content of his websites and other electronic applications in accordance with the relevant legal requirements. In particular, criminal law, copyright law, youth protection law, trademark law and other trademark and personality law as well as competition law regulations must be observed.
The webmaster releases both NetDebit and the partners of NetDebit from claims by third parties that arise due to the culpable violation of legal provisions in the service of the webmaster. NetDebit and its partners are released from the costs of the necessary legal defense. NetDebit and its partners are entitled to request an appropriate advance payment from the webmaster. The webmaster is obliged to support NetDebit in good faith with information and documents in legal defense against third parties.
The webmaster does not disclose his access data to the respective partner program, in particular to confidential data of the contractual partners of NetDebit, to third parties. The webmaster always stores the access data carefully and uses appropriate measures to protect them from being accessed by third parties. The webmaster is liable for any damage caused by third party access to data used within the framework of the partner program.
Before participating in a partner program, the webmaster informs himself about the current general terms and conditions and the current commissions, which are available at https://www.netdebit-payment.de.
The webmaster has to inform NetDebit immediately of any unlawful use and claim of the partner program. Furthermore, the webmaster has promptly and truthfully received all inquiries from NetDebit. to answer.
If the webmaster becomes aware of personal data from NetDebit customers, he will treat them in accordance with applicable data protection law.
Any assignment of the Organiser's claims from the contractual relationship shall require prior written consent from NetDebit. Section 354a of the German Commercial Code (HGB) shall remain unaffected.
The Organiser may only offset its own claims where these have been determined as legiti-mate, undisputed, or expressly acknowledged by NetDebit.
Webmasters based in Germany, whose Internet offers contain pornographic content in images, text or sound, undertake to provide their pages with a youth protection system that meets the requirements of & sect; & sect; 184 ff. StGB and & sect; 4 JMStV to protect against access by minors.
The webmaster has to endeavor within the scope of what is reasonable to keep the cancellation factor of the transactions mediated by him as low as possible and to help ensure that this is less than 25% above his average cancellation factor.
If the webmaster fails to meet his contractual obligations more than insignificantly, NetDebit is authorized to block the webmaster's account. This is especially true if the webmaster suspects fraud.
NetDebit may change the commission agreed in the Contract with the Organiser following written notification of this and with a minimum period of one month before this takes effect (appointed date).
If the Organiser does not agree to the change, it shall have a right of termination which it may exercise without observance of the agreed notice period and effective as of the appointed date.
If the Organiser does not object to the changes within two weeks (receipt of the state-ment by NetDebit shall be decisive), or if it continues to use NetDebit's services in spite of the notification of changes, these changes shall effectively apply to the Organ-iser. This legal position shall be specifically pointed out to the Organiser in the ad-vance notification. If the Organiser expressly objects to a clause in the amended terms and conditions, NetDebit shall be entitled to terminate the contractual relationship im-mediately.
The contract is concluded for an indefinite period.
The contract can be terminated by NetDebit as well as the webmaster in the first year of the contract period with a notice period of one month, in the second year with a notice period of two months and in the third to fifth year with a notice period of three months. After a contract period of five years, the contract can be terminated with a notice period of six months. The termination can be declared both for the end of the 15th calendar day of a calendar month and for the end of a calendar month.
The termination for an important reason exists independently of this regulation.
Just cause which entitles NetDebit to extraordinary notice of termination shall particularly exist in the following cases:
The contract must be terminated as a minimum in writing.
After ordinary or extraordinary termination, the webmaster must immediately surrender all documents made available to him. He must immediately stop using the partner program. The authority to advertise services and / or goods from partners expires when the termination takes effect.
NetDebit is entitled to assign its rights and obligations from this contractual relationship to a third party in whole or in part with a notification period of four weeks. In this case the customer is entitled to terminate the contract without adhering to a notice period at the point in time that the assignment takes effect.
NetDebit shall reserve the right to assign all claims against the Organiser to a collection agen-cy and to have these claims asserted by this agency.
NetDebit shall be entitled to offset all claims against the Organiser or to collect these using the SEPA direct debit procedure from an account communicated by the Organiser, provided that the Organiser agrees to the SEPA direct debit procedure.
For NetDebit, all contents of the websites and other electronic applications of the webmasters are external information, for which the webmasters are solely responsible.
In principle NetDebit is liable for claims under or outside of the contract for customer damages solely in the event of wilful intent or gross negligence. Where essential contractual obligations are breached, i.e. obligations which enable the proper performance of the contract and which the customer therefore trusts and may trust will be fulfilled, in the event of default of the debtor and for cases of impossibility of providing the service for which NetDebit is responsible then NetDebit will also be liable for any culpable breach of obligation of its employees and agents.
Except for cases of wilful intent/gross negligence on the part of NetDebit and the intentional/gross negligence of its legal representatives, employees or agents, the liability of NetDebit is limited to foreseeable damage that is typical for the contract.
If NetDebit is responsible for the loss of data from the webmaster, NetDebit's liability is limited to the foreseeable damage. The foreseeable damage is the typical effort that is required for the restoration of the destroyed data, if the following obligation of the webmaster is fulfilled. The webmaster has to save his data at regular intervals in machine-readable form so that they can be reconstructed with reasonable effort.
Where the liability of NetDebit is excluded or limited then this also applies to the liability of the legal representatives, employees or agents of NetDebit.
The limitations of liability stated above do not apply to damage from injury to life, limb or health, nor to cases of mandatory statutory regulations such as the Product Liability Act.
Except in cases in which the disclosure of data is based on a legal obligation or in connection with administrative or judicial proceedings, neither party will disclose any data that becomes known to them during the execution of the contract to third parties .
The parties undertake to maintain confidentiality. This includes any customer data and the trade secrets of the other party. A trade secret is in accordance with & sect; 2 No. 1 of the Act on the Protection of Trade Secrets (GeschGehG) provides Information
NetDebit collects, stores and processes data as part of the partner program. This is based on the provisions of the data protection declaration of NetDebit for webmasters and content providers (link to the data protection declaration).
The parties undertake to take reasonable precautions to protect their computer systems against unauthorized persons and accidental destruction of data, damage or alteration.
The webmaster makes the rules on confidentiality and data protection known to the employees who work for him (employees and freelancers) and obliges them to comply with them.
NetDebit reserves the right to change or add to these general terms and conditions for the future. The amendment of these general contract and business conditions takes place according to the procedure described in section 4. Changes to the general terms and conditions will also be announced on the website % 1 .
If the Organiser does not agree to the change, it shall have a right of termination which it may exercise without observance of the agreed notice period and effective as of the appointed date.
If the Organiser does not object to the changes within two weeks (receipt of the state-ment by NetDebit shall be decisive), or if it continues to use NetDebit's services in spite of the notification of changes, these changes shall effectively apply to the Organ-iser. This legal position shall be specifically pointed out to the Organiser in the ad-vance notification. If the Organiser expressly objects to a clause in the amended terms and conditions, NetDebit shall be entitled to terminate the contractual relationship im-mediately.
This Agreement is subject to substantive law of the Federal Republic of Germany with the exclusion of the UN Convention on Contracts for the International Sale of Goods.
Düren local court (Amtsgericht) or Aachen district court (Landgericht) shall have exclusive jurisdiction over any disputes arising from or in connection with the use of NetDebit's services or these General Terms and Conditions, provided that the Organiser is a merchant or has no permanent residence in Germany, or has relocated its place of residence or usual domicile abroad after these Terms and Conditions have come into effect, or the whereabouts of which are unknown at the time of the legal action being filed.
Should one or more provisions in this Contract be or become invalid, this shall not affect the validity of the remaining provisions in any other respect.
Last amended: 26/01/2017
Certified Managementsystem
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