General Terms and Conditions for the "advanced STORE Affiliate Package"

A.

advanced Store GmbH (“advanced STORE”) and the advertiser (“Client”) cooperate with the goal of acquiring new customers and generating transactions for products or services offered by the Client in the field of online marketing.

B.

These General Terms and Conditions (“GTC”) form the basis for the services provided by advanced STORE and, together with the order form (also referred to as “Insertion Order” or “IO”), constitute the agreement underlying the service. In the event of deviations between these GTC and the provisions of the order form, the terms of the order form shall prevail.

1. Subject Matter of the Contract

The Client operates its own websites, which are either specified in the order form or otherwise made the subject of the agreement. The Client uses these websites to offer products or services. Additional websites may be added at any time in text form (e.g., email). The Client operates or intends to operate affiliate programs through affiliate marketing networks (“Networks”).

advanced STORE offers services related to the administration and optimization of the Client’s online marketing activities, especially in the area of affiliate marketing. In particular, advanced STORE manages the Client’s affiliate programs in the Networks. advanced STORE acts as an Affiliate Manager and the interface between the Network and the Client.

If advanced STORE provides additional services free of charge, there is no entitlement to such services. advanced STORE may discontinue, modify, or charge for such services with 14 days’ notice. advanced STORE may also restrict its services temporarily due to maintenance or technical updates.

2. Definitions

• Affiliate: Website operator who integrates advertising provided by a Network.
• Tracking pixel: Code that ensures transactions and commissions are properly tracked.
• Advertising material: Electronic media (e.g., banners) used by Affiliates.
• Landing pages: The Client’s pages reached via advertising.
• Affiliate networks / Networks: Platforms where the Client provides ad materials for Affiliates.
• Affiliate program: The Client’s program hosted on a Network.
• Affiliate commission: Payment made to the Affiliate for valid actions like sales or leads.
• Client: The company named in the order form.
• Lead: A predefined action taken by a user (e.g., signup).
• Sale: A transaction completed on the Client’s site.
• User / End user: The person who reaches the Client’s site via an ad.
  

3. Services Provided by advanced STORE

advanced STORE provides the following services as an Affiliate Manager:

• Consultation and technical integration with Networks (e.g., tracking pixels).
• Advising on affiliate program terms.
• Uploading ad creatives to Networks for affiliate use.
• Promoting the program and communicating with affiliates.
• Approving or rejecting affiliates based on agreed criteria.
• Managing commissions and reports.
• Acting as main contact between Client, Network, and Affiliates.
• Recommending campaigns and strategies.
• Identifying new affiliate partners.
• Implementing measures to improve program performance.
• Benchmarking with competitor KPIs.
  

advanced STORE is not a contractual party to Networks or Affiliates. The Client authorizes advanced STORE to sign agreements with Networks and Affiliates on their behalf. The Client must comply with the terms of the Networks or inform advanced STORE if not agreed.

advanced STORE manages the Networks listed in the order form. If none are listed, advanced STORE selects based on expected performance. The Client can request a list of active Networks at any time.

Ad creatives provided by the Client will not be modified without approval. If advanced STORE creates ad materials, they will be used only after final approval by the Client.

4. Client Obligations

The Client provides advanced STORE with the agreed advertising materials, which must reflect the current offerings on the Client’s website.

The Client agrees to notify advanced STORE promptly about any changes to offers or outdated creatives and to supply updated materials.

The Client must install the tracking pixels provided by advanced STORE on their landing pages to ensure proper tracking.

If the Client fails to implement or removes tracking pixels, they are required to compensate for the resulting damages to Affiliates and advanced STORE. This compensation may be estimated based on the average revenue from the previous three months or tracked data.

If the Client already has a Network account, access must be granted to advanced STORE.

The Client shall not include or link to any illegal or harmful content (e.g., violating copyrights, inciting violence, promoting drugs, weapons, or pornography) on websites covered by this agreement.

If such content causes legal claims against advanced STORE, the Client will indemnify advanced STORE, including covering legal costs.

5. Right of Use

The Client guarantees that they own all rights necessary to use and distribute the provided advertising materials and that no third-party rights are violated.

The Client grants advanced STORE and its partners a non-exclusive, time-limited right to use names, logos, creatives, and trademarks for the purpose of this agreement.

Any further use beyond this must be approved in writing.

The Client shall indemnify advanced STORE against any claims resulting from unlawful or incomplete materials, including legal costs.

6. Compensation

advanced STORE receives a monthly fee for the services defined in Section 3, as outlined in the order form.

This fee is due within 10 days of invoice issuance by advanced STORE.

7. Additional Services – Consulting

During the collaboration, the Client may request services that are not part of the standard advanced STORE Affiliate Package (“Consulting Services”).

All Consulting Services are subject to a separate fee (“Consulting Service Fee”).

The Client will be informed in advance if a service qualifies as a Consulting Service.

Details and fees are outlined in the order form.

8. Reporting, Presentations, and Network Billing

advanced STORE provides regular performance reports by email. The content of these reports (e.g. KPIs such as views, clicks, sales, leads, costs, comparisons to prior periods) is defined in a separate informal agreement.

Custom reports and presentations are not part of the standard reporting services.

The Client is responsible for all fees incurred through the Networks, including publisher commissions and network service charges.

The Client must ensure sufficient budget is maintained in their Network accounts.

9. Term and Termination

The agreement begins upon signing by both parties and is concluded for an indefinite period.

It may be terminated by either party after a minimum of 6 months, with four weeks’ notice to the end of a calendar month.

Termination by mutual agreement is possible at any time.

Termination must be provided in text form (e.g. email).

Upon termination and once all technical steps (e.g. ad deactivation) are completed, both parties must cease using each other’s name, logo, or trademarks.

10. Confidentiality

Both parties agree to treat all information received during the collaboration—whether technical, financial, or business-related—as strictly confidential.

This information must not be disclosed to third parties unless explicitly permitted under this agreement.

Furthermore, the parties agree not to use such information for any purpose other than what is stipulated in the agreement.

The parties will ensure their employees and subcontractors are bound by the same confidentiality obligations.

These confidentiality obligations remain in effect even after the termination of the agreement.

11. Liability and Warranty

advanced STORE is not liable for the availability of networks or for any content published on affiliate websites after an affiliate has been approved.

advanced STORE is also not responsible for damages caused by the Client’s or networks’ software/hardware issues, nor for Internet availability.

advanced STORE is only liable in the event of:

– Intent or gross negligence by legal representatives or employees,

– Breach of essential contractual obligations (i.e., duties necessary to perform the contract),

– Delay or impossibility of performance.

In these cases, liability is limited to typical foreseeable damages.

The above limitations do not apply in cases of mandatory legal liability (e.g., product liability), personal injury, or explicit guarantees.

12. Final Provisions

There are no side agreements. advanced STORE reserves the right to modify minor terms of these GTC, provided this does not change the overall contract structure or key service terms.

Changes will be communicated via email at least two weeks before taking effect.

If the Client does not object within four weeks, the new terms are considered accepted.

The Client will be informed of this right and deadline in the email.

If the Client objects, the existing contract continues unchanged. advanced STORE’s right to terminate remains unaffected.

If any provision is found invalid or unenforceable, this shall not affect the validity of the rest.

The invalid provision will be replaced with one that best matches its purpose in a legally valid way. The same applies to any contract gaps.

German law applies exclusively. Place of jurisdiction is Berlin, where legally permitted.