These Terms and Conditions (the "Affiliate Agreement") govern the Affiliate Program that is made available by Inwaria Stores GmbH ("we" or "us"). These Terms and Conditions represent the whole agreement and understanding between Inwaria Stores GmbH and the individual or entity who participates in the Affiliate Program (the "Affiliate", or "you").
Please read this agreement carefully as it represents a legally binding agreement between you and Inwaria Stores GmbH. By submitting your application and by your use of the Affiliate Program, you agree to comply with all of the terms and conditions set out in this Affiliate Agreement. Inwaria Stores GmbH may terminate your Affiliate Account at any time, with or without notice, for conduct that is in breach of this Affiliate Agreement, for conduct that Inwaria Stores GmbH believes is harmful to its business, or for conduct where the use of the Affiliate Program is harmful to any other party.
2. REFERRAL TRACKING
Inwaria Stores GmbH will provide the Affiliate with specific Referral Links to link advertisements and other marketing content to https://inwaria.de & https://evaluzia.de. Inwaria Stores GmbH will track users who have visited these Referral Links using cookies which expire after 7 days. Only users who make a purchase while the cookie is active will be considered referrals of the Affiliate and recorded as such in the Affiliate Dashboard.
The Affiliate is not authorized to modify or alter the Referral Links or the cookies in any way. Inwaria Stores GmbH is not responsible for any tracking or reporting errors that may result from any modifications to the Referral Link or the cookies.
3. AFFILIATE FEES AND PAYOUTS
The Affiliate is entitled to receive a monthly payment of a certain percentage (agreed beforehand with official representatives of Inwaria Stores GmbH) of the net value of the orders (excluding VAT and shipping cost) coming through the Referral Links assigned to the Affiliate that is recorded in the transactions section in the Affiliate’s account on Inwaria.de ("Affiliate Fee"). Affiliate Fees are invoiced and paid once per month for the orders (that are no longer valid for return or refund) brought within previous month of invoicing.
Affiliate Fees are not payable for any orders that have been refunded, charged back or otherwise reversed.
All Affiliate Fee payments will be payable in EUR only, except as otherwise determined by Inwaria Stores GmbH in its sole discretion. Payments will be made through PayPal, Bank transfer or Check based on the choice of the affiliate and a valid credit invoice issued by Inwaria Stores GmbH. The Affiliate is responsible for providing Inwaria Stores GmbH with the full and accurate details that are required to remit the Affiliate Fees, and is solely responsible for any delays in payment resulting from its failure to do so.
Referrals will become void, and any unpaid Affiliate Fees will be forfeited, after 12 calendar months.
In the event of any activity deemed suspicious by Inwaria Stores GmbH, Inwaria Stores GmbH may delay the payment of Affiliate Fees by up to 6 calendar months to verify the relevant transactions. Inwaria Stores GmbH reserves the right to recalculate, void, or disqualify any referrals or Affiliate Fees in the event of any fraudulent, deceptive or otherwise illegal activity.
Inwaria Stores GmbH hereby grants the Affiliate a non-exclusive, non-transferable, limited license to use the Inwaria Stores GmbH logos for the sole purpose of promoting our service within the context of the Affiliate Program. This license expires upon termination of the Affiliate's participation in the Affiliate Program.
The Affiliate may only display advertisements that contain Inwaria Stores GmbH's logos or service marks to represent the offer of Inwaria Stores GmbH. The Affiliate may not use Inwaria Stores GmbH's logos or service marks at the expense of Inwaria Stores GmbH or for any other reason than states above.
The Affiliate solely is responsible for her/his own marketing activities. All marketing activities must be in full compliance with all applicable laws.
Inwaria Stores GmbH may, without prior notice, require the Affiliate to remove or modify any advertisements in Inwaria Stores GmbH's sole discretion.
The Affiliate may terminate the Affiliate's participation in the Affiliate Program by giving the other party a written 2 weeks notice period of termination.
Inwaria Stores GmbH reserves the right to terminate the Affiliate's participation in the Affiliate Program with a 2 weeks notice period for conduct that is in material breach of this Affiliate Agreement or for conduct that Inwaria Stores GmbH, in its sole discretion, deems to be harmful to its business or any third party.
Upon termination, the Affiliate will lose access to its Affiliate Dashboard and will forfeit all potential or unpaid Affiliate Fees.
6. RELATIONSHIP OF PARTIES
Inwaria Stores GmbH and the Affiliate are independent contractors. Nothing in this Affiliate Agreement will create any partnership, employment, representative, agency, or joint venture relationship between the parties. The Affiliate has no authority to act on Inwaria Stores GmbH's behalf.
The affiliate needs to be officially registered to be self-employed or a company.
7. LIMITATION OF LIABILITY
The Affiliate Program is provided on an "as is" and "as available" basis and the use of the Affiliate Program is at the Affiliate's own risk. Inwaria Stores GmbH makes no representations or warranties, either expressed or implied, with respect to the Affiliate Program, or any service or information provided through the Affiliate Program.
Inwaria Stores GmbH is not responsible for any damages, injury or economic loss arising from the use of Affiliate Program. Should any part of the Affiliate Program cause damage or inconvenience to the Affiliate or anyone claiming through the Affiliate, the Affiliate assumes responsibility and the entire cost for them.
The Affiliate will indemnify and hold harmless Inwaria Stores GmbH, its directors, officers, employees, agents, subsidiaries, and third parties from and against any losses, damages, liabilities, claims, judgments, settlements, fines, costs and expenses (including reasonable related expenses, legal fees, costs of investigation) arising out of or relating to the Affiliate's or any third party's operations or use of the Affiliate Program.
Inwaria Stores GmbH may, in its sole discretion, change or modify this Affiliate Agreement at any time, with or without notice. Such changes or modifications shall be made effective for all Affiliates upon posting of the modified Affiliate Agreement to this web address: https://inwaria.de. The Affiliate is responsible for reading this document from time to time to ensure that its use of the Affiliate Program remains in compliance with this Affiliate Agreement.
If any modification is unacceptable to the Affiliate, its sole recourse shall be to terminate this Affiliate Agreement. The Affiliate's continued participation in the Affiliate Program will constitute binding acceptance of such modifications.
The Affiliate warrants and represents that it is over the age of 18 and is qualified to enter into this Affiliate Agreement.
The Affiliate warrants and represents that its actions and its participation in the Affiliate Program is in compliance with all applicable laws, rules, regulations, and any requirements of governmental authority at all times. Inwaria Stores GmbH reserves the right to terminate the Affiliate's participation in the Affiliate Program if Inwaria Stores GmbH determines, in its sole discretion, that the Affiliate's actions or its participation in the Affiliate Program is in violation of any laws, rules, regulations, or any requirements of governmental authority.
This Affiliate Agreement constitutes the entire understanding between Inwaria Stores GmbH and the Affiliate. This Affiliate Agreement supersedes any other contracts or understandings between the parties hereto and neither party shall be bound by any statements or representations that are not embodied in this Agreement.
Any dispute arising in relation to this Affiliate Agreement shall be exclusively resolved in the Courts of Federal Republic of Germany.
Trier, Dez. 2018.