Sie haben einen Adblocker aktiviert. Bitte deaktivieren Sie diesen um das System problemlos nutzen zu können.Conditions of participation of the Parfumdreams partner program
1. subject matter of contract
(1) These Terms and Conditions of Participation govern the cooperation associated with the Parfumdreams Partner Program between you as a sales partner (hereinafter referred to as "Affiliate" or "Partner") and Parfümerie akzente GmbH (hereinafter referred to as "Parfumdreams") within the framework of the Easy-Marketing Affiliate Network.
(2) Natural persons partgicipating in the Affiliate Program must be at least 18 years old and have full legal capacity.
2. Structure, content and maintenance of the partner website
(1) For your website, we will provide you with a selection of graphic and text links (hereinafter "Links") via the Easy-Marketing Affiliate Network for use within the framework of the Partner Program. The Links will serve to identify your website in our Affiliate Network and provide the link from your website to our website. For the purposes of the Partner Program, a connection to our website may only be established through these Links. The links may point to different areas of our website. Our instructions for the installation of the links must be strictly observed with regard to technical set-up and maintenance. In order to ensure that the links or advertising materials are up-to-date, you must immediately replace the links or advertising materials with new links or advertising materials provided by us (e.g. new editorial texts), unless these are dynamically maintained or changed by Parfumdreams itself.
(2) You may include an appropriate number of the links in all appropriate areas of your website. The links may only be integrated on the website whose domain (URL) you specified when registering for the Parfumdreams affiliate program. In addition, you may include the links in e-mail newsletters sent by you if the newsletter is directly related to the specified website. This requires in particular that you use the same name (brand) and the same domain as sender for the website and the newsletter. The specifications of these Conditions of Participation for your website apply accordingly to such newsletters.
(3) In the event of a change of the
· domain and/or
· content or the commercial subject matter of your website
of your website, you must inform Parfumdreams in text form (e.g. by e-mail) at least one week in advance and immediately file the changes with Easy-Marketing. The placement of links under the new domain or from the changed website remains permissible as long as Pardumdreams does not object to this use.
(4) The maintenance of your website is exclusively your responsibility. As long as you use our links, you must regularly check the information and links in connection with Parfumdreams products to ensure that they are up to date and, if necessary, renew them without delay.
(5) You must not set up your website in a way that creates confusion with our website or gives the impression that your website is our website or part of our website. In particular, your domain (URL), the title and the metatags of your website must not contain the terms "www. Parfumdreams.de", "Parfumdreams.de", "Parfumdreams",
or misspellings of the aforementioned terms. Misspellings of our domain Parfumdreams.de as well as all subdomains (example parfumdreams.it), are not permitted in any way, regardless of the type of use.
(6) Your website may not represent an affiliate network of its own (exceptions to this require the prior express consent of Parfumdreams in text form) and may not primarily have sweepstakes, games of chance or banner exchange offers as its content. Your website and any advertising for your website must be free of illegal content, pornography and eroticism, depictions of violence (in particular sexual violence, violence against people or animals), discriminatory depictions of persons, insults, extremist, radical political or youth-endangering content, trivialization or glorification of drugs or weapons and inappropriate use of language (sexualized language, coarse language, profanity, etc.). There must also be no links to other websites with such content. In addition, your website, advertising for your website or websites referred to by hyperlink must not contain any other content that could damage the reputation of the Parfumdreams brand.
(7) The generation of cookies for the purposes of the partner program is only permitted if an advertising medium provided by Parfumdreams is used, this is visible and the generation of the cookie is preceded by a conscious click on the advertising medium by a human user. In particular, the invisible integration of the Parfumdreams Internet store in order to generate a cookie for the user in this way is prohibited. In general, you are prohibited from using iFrames, pop-ups, pop-unders and layer advertising media that load a Parfumdreams advertising medium or the Parfumdreams Internet store and set a cookie for the user without the user's participation (so-called cookie dropping, cookie spreading or comparable technologies).
(8) The use of so-called adware, spyware or malware applications or comparable software tools is prohibited within the framework of the partner program. Orders placed on the basis of an
generated by browser plug-ins, toolbars or other additional programs on the basis of an electronic notice shall not be remunerated under the Partner Program.
(9) The use of PostView tracking is prohibited unless Parfumdreams has given its express consent to the use of this method in text form. If such consent has been given by Parfumdreams, a maximum of one cookie may be set for PostView delivery.
(10) The links may not be used on websites that grant their users financial or other benefits for receiving advertising content and/or interacting with advertising materials (in particular as part of bonus systems, cashback programs, paid mail systems, paid start pages, paid4 services, Klammlosen or Refrallys). Exceptions to this require the prior express consent of Parfumdreams in text form.
(11) Links may not be used on pure advertising pages (which have no relevant content other than advertising), on redirect or doorway pages (which merely serve as intermediate pages to redirect to another page) or on "under construction" websites without content of their own.
(12) Banner networks are only permitted with the prior express consent of Parfumdreams in text form.
(13) The use of so-called "forced clicks" on links is prohibited.
(14) When sending e-mails containing advertising for Parfumdreams, the ban on sending unsolicited e-mail advertising ("spam") must be observed. The unsolicited sending of e-mails with advertising content is prohibited. In the event of a violation, you will indemnify Parfumdreams against all claims by third parties and compensate Parfumdreams for all damages incurred by Parfumdreams as a result of the violation.
(15) The following brands may not be advertised via the affiliate program:
· Dior
· Chanel
3. advertising remuneration
(1) If your advertising leads to an order with Parfumdreams and a contract with Parfumdreams, you will receive remuneration (commission) from Parfumdreams in accordance with the provisions of this section 3. Only orders that result from a regular and contractual marketing measure on your website will be remunerated. Parfumdreams reserves the right to reject orders, in particular orders for quantities that do not correspond to normal household quantities.
(2) For the calculation of the advertising fee, only revenue from Parfumdreams based on sales by Parfumdreams via the Parfumdreams online store to customers who have accessed our website via one of the links on your website immediately prior to the purchase ("last cookie wins") will count. Such sales will be taken into account for the calculation of your advertising fee, provided that the sale, delivery and full payment of the goods have been completed. Orders placed by employees of the Parfumdreams Group will not be taken into account for the calculation of your advertising remuneration. Please note that sales to customers who do not reach our website via a link on your website immediately before placing an order do not count towards the calculation of your advertising compensation, even if they have already reached us or made a purchase via your website at an earlier point in time.
(3) To ensure a fair distribution of commissions between the individual sales channels, the basket freeze method is used. The basket freeze applies 30 minutes after adding a product to the shopping cart.
(4) Parfumdreams reserves the right to reject orders that do not comply with the D Parfumdreams guidelines (e.g. lack of creditworthiness, incorrect customer data) and to exclude them from the commission. In addition, Parfumdreams reserves the right to cancel commissions in the case of full returns or to reduce them proportionately in the case of partial returns and to reclaim them if necessary.
(5) Parfumdreams pays a commission in the amount published by Parfumdreams at the time of registration for the Parfumdreams affiliate partner program (e.g. on www.parfumdreams.de). Parfumdreams may change the amount, calculation method and other elements of the commission at any time with a notice period of 2 weeks, this applies in particular with regard to special promotions where Parfumdreams offers customers
customers particularly favorable conditions. You will be notified of changes via the network or in text form.
(6) You are obligated to carefully review the statements issued to you by the networks and to raise any objections in text form within one month. Otherwise, the statement shall be deemed approved, unless the objection could not be asserted within the one-month period. Claims for payment or reimbursement of commission shall become statute-barred on both sides three months after their due date. Requests for subsequent bookings for sales that are older than three months shall be rejected as a matter of principle.
(7) All commissions shall be calculated on the basis of the net order value (sales less shipping costs, sales tax, cancellations, order duplicates, full and partial returns and other invalid sales). The sale of voucher cards does not trigger a commission claim. When voucher cards are redeemed, the nominal value of the voucher is deducted from the basis for calculating the commission. For exact details on the current remuneration structure, please refer to our program description.
(8) The crediting of the commission or any bonuses will be completed after the expiry of the pending time and paid out in the following payout period.
(9) The minimum commission amount for a payout to you is 5,- EUR. A lower commission balance will be paid to you only in case of termination of the contract.
4. rights of use
You are granted a non-exclusive, non-transferable, non-sublicensable right, which may be revoked at any time, to place links to our website in accordance with these terms and conditions of participation. Exclusively in connection with such links, you also have the non-exclusive, non-transferable, non-sublicensable right, which may be revoked at any time, to use the Parfumdreams logo and other materials provided for the purpose of advertising our website. This right applies only for the purpose of creating links between your website and our website that allow your users to purchase Parfumdreams products. You may not revise or modify the licensed materials in any way. A breach of the above agreements entitles Parfumdreams to terminate the contract without notice.
5. your obligations
(1) You are fully responsible for the establishment, operation and maintenance of your website and for all materials that appear on your website. This responsibility relates in particular to the technical operation of your site and the necessary technical systems.
(2) You warrant that you will act in accordance with applicable law without exception in connection with your advertising activities for Parfumdreams. In particular, you will not engage in any advertising that infringes the property rights of third parties (in particular copyrights, trademark rights and labelling rights), violates the provisions of the Unfair Competition Act (UWG) or is otherwise unlawful.
(3) You are obligated to indemnify us against any claims of third parties and our costs in connection with the defense against claims of third parties that are related to the set-up, operation or maintenance for which you are responsible, as well as the content of your site, provided that it does not concern claims due to advertising materials or product data provided by Parfumdreams. You are also obligated to support Parfumdreams in its defense against such third party claims by providing declarations, in particular affidavits, as well as other information.
(4) You must refrain from all actions that impair the functionality of the partner program software or system (e.g. mail bombs, etc.) and are liable for all damages incurred by Parfumdreams as a result of such actions for which you are responsible.
(5) You may not use on your website any materials from us that you have not received for this purpose with our prior permission or through our affiliate program website on Easy-Marketing. You will not distribute, directly or indirectly, any promotional materials other than these materials that refer to us without submitting such materials to us and obtaining our prior consent in text form. The aforementioned consent must be obtained in particular if you wish to advertise on a third party website or in other media for your own website using the aforementioned materials or by referring to Parfumdreams. In any case, you must ensure that your website or advertising is not perceived as a website of Parfumdreams or as advertising placed by Parfumdreams through the use of the above-mentioned advertising materials or the name Parfumdreams.
(6) The advertising of the Parfumdreams website on advertising space in search engines or sponsored links, paid ad placements, keyword advertising or keyword targeting (such as GoogleAdwords, etc.) with other providers (such as Google, Yahoo, Bing) is not permitted.
(7) When advertising your own website, please note:
· The terms "www.parfumdreams.de", "Parfumdreams.de", "Parfumdreams" or misspellings thereof may not be used in the ad text or in the headline of your ads
· You may only use the address (URL) as the visible URL (Display URL) in the ad that you specified as part of your registration. In case of change of your domain see point 2 (3)
· Automatic redirects to the Parfumdreams website are not permitted.
· Bidding on the keyword "Parfumdreams" as well as word combinations and compounds
of "Parfumdreams" with the words "voucher", "vouchers", "voucher code", "discount",
"discount code", "perfumery", "store" (e.g. "Parfumdreams", "Pafumdreams.de" etc.) and similar spellings or misspellings thereof are not permitted.
· You agree to book the keywords " Parfumdreams ", " Parfumdreams.de" in all your Adwords campaigns on "negative broad". This excludes any booking of a term combination of these keywords.
· The integration of Parfumdreams product data in Google Merchant Center is not permitted.
(8) You are not authorized to create or accept offers on our behalf or to represent us. You are not involved in the processing of sales contracts between us and our end customer. You do not act as a commercial agent or commission agent of Parfumdreams. You will ensure that the design of your website does not create such an impression. You will not make any statements to third parties that could create such an impression.
(9) Your website must meet all relevant legal requirements, in particular have an imprint as defined in Section 5 of the German Telemedia Act (TMG) and provide users with all information required under relevant data protection law. The links to our website must be recognizable as advertising for the users of your website. If the processing of personal data triggered by a click on a link requires the user's consent under data protection law, you must obtain such consent in a timely and legally effective manner.
6. Duration of the agreement
(1) This Agreement enters into force upon electronic registration by you and acceptance of the registration by Parfumdreams, and runs for an indefinite period. You will be granted access to the Parfumdreams affiliate program at the same time.
(2) You and Parfumdreams each have the right to terminate the contract regarding your participation in the partner program at any time with a notice period of 2 weeks. The termination must be in text form to be effective.
(3) Any violation by you of the Terms and Conditions of Participation may result in the immediate blocking of your account until the violation has been remedied and, if applicable, also in the termination without notice of the contract concerning your participation in the Parfumdreams affiliate program. In addition, further legal steps, in particular the assertion of claims for damages, are expressly reserved.
(4) You are obliged to remove all electronic advertising materials and links from your website immediately after termination of the cooperation and to confirm this removal to us in text form within a reasonable period of time.
(5) You are not entitled to commission for orders placed by customers after the end of the contractual relationship between Parfumdreams and you.
(6) Any claims for commission beyond the end of the contract are excluded.
7. contract changes
With your consent, we may amend these Terms and Conditions at any time. We will inform you about such changes by e-mail or on Easy-Marketing with a lead time of at least 4 weeks before the effective date. Your consent to an amendment shall be deemed to have been given if you do not object to it in text form no later than 2 weeks after receipt of the corresponding amendment notification. We will point out this legal consequence to you again separately when notifying you of the change. If you object, we may give extraordinary notice of termination of the agreement as of the effective date of the amendment.
8. Confidentiality
(1) Parfumdreams will probably disclose confidential information to you in the context of the contractual relationship or has already done so. Confidential information is all information expressly designated as "confidential" as well as such information whose confidentiality results from its content or the circumstances of its disclosure. Confidential information also includes the economic agreements between the Parties as well as personal data collected or processed in connection with the Partner Program. If there is any doubt regarding the confidentiality of information, you must contact Parfumdreams immediately and ask for clarification, but in any case before such information is disclosed to third parties.
(2) Information is not considered confidential if you can prove that (a) you were aware of it before it was disclosed by Parfumdreams; (b) you developed the information independently without recourse to or use of information from Parfumdreams; (c) you lawfully obtained the information from third parties who, to the best of your knowledge, were under no obligation of confidentiality to Parfumdreams; (d) it became known to you or the public without violating these Terms or any other regulations existing to protect Parfumdreams' trade secrets; or (e) it is required to be disclosed by law or governmental or judicial order. In the latter case, you must inform Parfumdreams immediately before disclosing the information so that Parfumdreams can take appropriate protective measures.
(3) Unless it is necessary for the performance of the contract, you are obliged to keep Parfumdreams' confidential information strictly confidential, not to use it for non-contractual purposes and to protect it with at least the same care that you use to protect your own confidential information.
(4) The confidentiality obligations under this section shall continue throughout the term of the Agreement and for a period of 10 years after its termination.
(5) Press releases concerning the cooperation are generally prohibited, but can be coordinated with Parfumdreams and require the approval of Parfumdreams in text form prior to publication.
9. Liability of Parfumdreams
(1) We will operate our website within the scope of our technical capabilities. We do not give any assurances or warranties with regard to the affiliate network, Parfumdreams products and the error-free and uninterrupted usability of our website.
(2) Parfumdreams is liable for damages caused by the violation of essential contractual obligations (cardinal obligations) or the violation of a contractually assumed guarantee. In addition, we are liable - regardless of the legal grounds, i.e. including claims in tort - only under the Product Liability Act, in the event of injury to life, limb or health or if the damage was caused by us or our vicarious agents through gross negligence or intent.
(3) In the event of a slightly negligent breach of a material contractual obligation, Parfumdreams is liable at most up to the typically foreseeable damage that does not exceed your advertising revenue from this agreement in the last 12 months before the occurrence of the damage.
10. Patents, Copyrights, Trademarks and Intellectual Property Rights
(1) The Partner warrants that the provision of its services under this Agreement will not infringe any third-party rights, in particular patent rights, trademark rights, copyrights, rights exercised by or assigned to collecting societies or any other third-party intellectual property rights. The Partner further warrants that claims by collecting societies will not arise from the use of the website in accordance with the contract.
(2) If claims are made against Parfumdreams due to actual or alleged infringement of the aforementioned rights, the partner will indemnify Parfumdreams against all claims and hold Parfumdreams harmless. The indemnification also includes the assumption of the costs for a necessary defense or legal action. Parfumdreams will inform the partner immediately of any claim. The obligation to indemnify and bear costs by the partner does not apply to the extent that Parfumdreams is at fault for the violation.
(3) In the event of a claim against Parfumdreams, the partner will immediately ensure at its own expense that the services owed are provided in accordance with the contract and, if necessary, acquire the rights required for the provision of its services under this contract at its own expense.
11. joint responsibility under data protection law
(1) Insofar as the contractual relationship between Parfumdreams and the Affiliate leads to joint responsibility within the meaning of Article 26 of the EU General Data Protection Regulation (GDPR), the following paragraphs specify which of these two parties fulfills which obligation under the GDPR.
(2) The Affiliate shall take appropriate measures to provide data subjects pursuant to Article 12 (1) of the GDPR with
(a) all information pursuant to Articles 13 and 14 GDPR; and
(b) all notifications pursuant to Articles 15 to 22 and Article 34 DSGVO,
relating to the processing operations carried out by the Affiliate (i.e. either the Affiliate itself or a processor as defined in Article 28 GDPR on behalf of the Affiliate). This relates in particular to all processing operations in the Affiliate's electronic media, including the referral of potential customers to the Parfumdreams Online Shop and the associated use of tracking technologies (in particular cookies) to record the advertising remuneration to which the Affiliate is entitled.
(3) Parfumdreams shall take appropriate measures to provide the data subjects pursuant to Article 12 (1) of the GDPR with
a) all information pursuant to Articles 13 and 14 DSGVO and
b) all notifications pursuant to Articles 15 to 22 and Article 34 DSGVO
relating to the processing operations carried out by Parfumdreams (i.e. either Parfumdreams itself or a processor as defined in Article 28 DSGVO for Parfumdreams). This concerns in particular the recording of the advertising remuneration to which the Affiliate is entitled in the Parfumdreams online store and the billing of this advertising remuneration to the Affiliate.
(4) If a data subject asserts against a party the exercise of rights under the GDPR, then
a) that party shall fulfill the asserted rights itself, to the extent possible, and
b) it shall inform the other party so that the other party otherwise fulfills the asserted rights.
(5) Both Parties shall inform the Data Subjects about the essence of this Agreement in accordance with Article 26(2) sentence 2 of the GDPR.
12. Miscellaneous
(1) German law shall apply to this agreement. Düsseldorf is agreed as the exclusive place of jurisdiction. This shall not apply to dunning proceedings and other mandatory statutory places of jurisdiction which cannot be deviated from by agreement between the parties. We also reserve the right to bring an action at your general place of jurisdiction.
(2) This agreement is not transferable without our consent in text form. Parfumdreams is entitled to transfer this agreement and all its rights and obligations hereunder to its affiliated companies within the meaning of §§ 15 ff. AktG (German Stock Corporation Act). Parfumdreams will inform you immediately in text form about such a transfer.
Status: March 2022