General Terms and Conditions Affiliate Partner Program of Swiss Harmony International GmbH

Swiss Harmony International GmbH
Baselstrasse 10
4203 Grellingen

Phone: +41 32 372 77 66
E-mail:

Preamble

1. Swiss Harmony operates an Internet platform for advertising and marketing products as part of a partner program. These terms and conditions apply to all current and future contracts and business relationships within the framework of this partner program.
2. In addition to the operator Swiss Harmony, the contractual partners involved are the corresponding contractual partner in the partner program (hereinafter: Affiliate).
3. Swiss Harmony offers goods and services on country-specific websites under the URLs swissharmony.com (USA), www.swissharmony.de (Germany), www.swissharmony.ch (Switzerland) and www.swissharmony.co.uk (United Kingdom). The Affiliate wishes to incorporate these goods and services into the websites operated by the Affiliate by means of a hyperlink in order to ensure access to the products and services of Swiss Harmony and to promote sales.
4. The Affiliate receives a predetermined remuneration from Swiss Harmony. If an Internet user clicks on an advertisement, they are redirected to the Swiss Harmony website. If a transaction is subsequently concluded, irrespective of the country-specific URL, the affiliate receives a predetermined performance-related remuneration from Swiss Harmony.
5. All participants are entrepreneurs within the meaning of the German Civil Code as natural or legal persons or partnerships with legal capacity who are involved in the service in the exercise of a commercial or independent professional activity.
6. Deviating, conflicting or supplementary General Terms and Conditions shall not become part of the contract, even if we are aware of them, unless their validity is expressly agreed to in writing.

§ 1 Registration, conclusion of contract

1. A contract between Swiss Harmony and the Affiliate for the placement of advertising material is concluded exclusively via our online application procedure at: https://swissharmony.ch/affiliatebereich/ for Germany and https://swissharmony.ch/affiliate-area for Switzerland. By registering, the affiliate submits an offer to participate in the affiliate program and accepts these GTCs. A contract is only concluded when Swiss Harmony expressly declares acceptance of the offer or transmits a specific, individual recommendation ID to the Affiliate.
2. Swiss Harmony checks the affiliate’s details, information and website for all registration requests.
3. There is no entitlement to participate in the partner program or to conclude a contract with Swiss Harmony. Swiss Harmony reserves the right to reject an affiliate at any time and without giving reasons.

§ 2 Subject matter of the contract

1. The object of this contract is participation in the partner program, which is intended to increase sales of our products via our website. Participation in the affiliate program is free of charge for the affiliate. For this purpose, we provide the affiliate with a selection of advertising materials via the affiliate program at our own discretion.
2. The Affiliate places the advertising material approved for it on its own responsibility on its websites registered and approved in the Affiliate Program (hereinafter referred to as Affiliate_Website). The affiliate is free to decide whether and for how long to place the advertising material on the affiliate website. He is entitled to remove the advertising material at any time.
3. The affiliate receives a commission for advertising and successfully brokering transactions (e.g. orders), which depends on the scope and actual value of the service. The details can be found in § 3 of these GTC.
4. The affiliate program does not establish any other contractual relationship between the parties beyond this contract.

§ 3 Remuneration, refunds and settlements

1. Affiliates generally receive 30% commission on the net sales price (= sales price less national VAT). Sales of BioHome DIY and NFS8 products are remunerated with 20% commission on the net sales price.
2. All affiliate commission payments are made in the currency of the country in which the purchase was made.
3. Swiss Harmony guarantees its customers a 30-day money-back guarantee. Commission claims under the affiliate program can arise at the earliest when this period has expired. Commission is therefore only paid on sales that are older than 30 days.
4. Swiss Harmony does not accept referrals to the affiliate’s personal purchases. The use of an alternative e-mail address is included here.
5. Swiss Harmony reserves the right to refuse commission payments if the reference to the sale violates the contents of this agreement.
6. Swiss Harmony only uses PayPal as a payment method. An affiliate who does not wish to use PayPal is excluded from participating in the Swiss Harmony affiliate program.
7. Swiss Harmony will provide the Affiliate with a statement of commission claims in his customer account. The Affiliate will check the settlement immediately. If the Affiliate has any objections to a settlement, these must be submitted to Swiss Harmony in writing within four weeks. Once this period has expired, the invoice shall be deemed confirmed.
8. Commission claims are due for payment two months after the end of the month in which payment is received from the end customer for the sale in question. Commission claims are only due if a minimum payout amount of EUR 100 (GBP 90 , USD 115 , CHF 115 ) is reached. Unpaid commissions cannot be forfeited.
9. Payments are made exclusively via PayPal with debt-discharging effect to the PayPal connection stored by the affiliate in the customer account. Any fees shall be borne by the Affiliate.
10. Payments are made in the first week of each month.

§ 4 Affiliate rights and obligations

1. The affiliate may integrate the advertising material into the affiliate websites. The Affiliate is expressly prohibited from connecting the links provided with other advertising media (such as social media, mailing lists or newsgroups, which commercial advertising is expressly not desired) and/or making changes to the advertising media themselves. The advertising material may only be used for the purposes provided for in this contract on the affiliate websites.
2. The Affiliate is responsible for the content and ongoing operation of the Affiliate Website and will not place any content on the Affiliate Website during the term of this Agreement that violates applicable law, morality or the rights of third parties and/or is likely to damage the reputation of Swiss Harmony. Swiss Harmony is entitled, but not obliged, to check the Affiliate Websites. In particular, the Affiliate is prohibited from distributing content that

• Racism of any kind
• Pornography
• Glorification of violence and extremism of any kind,
• Incitement and instigation to commit criminal offenses and/or violations of the law, threats against life, limb or property,
• Agitation against persons or companies,
• defamatory statements, libel, slander and defamation of users and third parties as well as violations of fair trading law,
• copyright infringing content or other infringements of intellectual property rights or
• constitute, relate to or involve sexual harassment of users and third parties. Such content may not be integrated on the affiliate website itself, nor may the affiliate website link to corresponding content on other websites.

3. Any form of abuse, i.e. the generation of leads and/or sales via unfair methods or unauthorized means that violate applicable law and/or these GTC, is prohibited. In particular, the Affiliate is prohibited from attempting to generate leads and/or sales itself or through third parties by means of one or more of the following practices or to ensure that sales are allocated to the Partner:

• Faking leads or sales that have not actually taken place, e.g. by providing unauthorized third-party data or false or non-existent data when ordering goods on our website,
• Use of forms of advertising that enable tracking but do not display the advertising material, do not display it perceptibly or do not display it in the specified form and/or size,
• Cookie dropping: Cookies may not be set when the website is visited, but only if the user of the affiliate website has previously clicked on the advertising material voluntarily and consciously,
• other forms of affiliate fraud (in particular cookie spamming, forced clicks, affiliate hopping) and the use of layers, add-ons, iFrames and post-view technology to increase leads,
• The use of terms that are legally protected for Swiss Harmony or third parties, in particular trademarks, for example in search engines, in advertisements or in the promotion of the partner website, is prohibited without the express prior written consent of Swiss Harmony. In particular, the Affiliate is prohibited from maintaining websites on the Internet that could lead to a risk of confusion with Swiss Harmony or products offered by Swiss Harmony. In particular, the Affiliate may not copy the website, landing pages or other appearances of Swiss Harmony or adopt graphics, texts or other content from Swiss Harmony. The Affiliate must avoid the impression that the Affiliate Website is a project of Swiss Harmony or that its operator is economically connected with Swiss Harmony in a way that goes beyond the Affiliate Partner Program and this Agreement. Any use by the Affiliate of materials or content from the website or of the logos or trademarks of Swiss Harmony requires the prior written approval of Swiss Harmony.

4. The Affiliate undertakes to operate the Affiliate Website in accordance with applicable law and in particular to maintain a proper legal notice.
5. E-mail advertising that contains advertising material or promotes Swiss Harmony in any other way may only be sent if this has been approved in advance by Swiss Harmony and express consent to advertising by e-mail has been given for all addressees and verification of the e-mail address has been carried out and documented by means of a double opt-in procedure.
6. The Affiliate shall immediately remove advertising material from the Affiliate Website if requested to do so by Swiss Harmony. This also applies in particular to websites on which Swiss Harmony does not or no longer wishes to integrate the advertising material for whatever reason.
7. The Affiliate shall refrain from making any reference to Swiss Harmony and the products when advertising the Affiliate Website. In particular, the Affiliate will not place any context-based advertisements (especially Google AdWords or AdSense) that contain the name, company keywords or trademarks of Swiss Harmony or are delivered based on the use of corresponding keywords. The same applies to the names of Swiss Harmony products.
8. The Affiliate undertakes to refrain from electronic attacks of any kind on our tracking system and/or the websites of Swiss Harmony. Electronic attacks include, in particular, attempts to overcome, circumvent or otherwise disable the security mechanisms of the tracking system, the use of computer programs to automatically read data, the use and/or distribution of viruses, worms, Trojans, brute force attacks, spam or the use of other links, programs or procedures that could damage the tracking system, the partner program or individual participants in the partner program.

 

§ 5 Rights and obligations of Swiss Harmony

1. Swiss Harmony provides the Affiliate with a selection of advertising media at its own discretion.
2. Swiss Harmony ensures that visitors who reach our website via the advertising material integrated by the Affiliate in its website (hereinafter referred to as “Partner Leads”) are tracked in an appropriate manner. Swiss Harmony also ensures that any orders placed by Partner Leads (hereinafter “Sales”) are assigned to the Partner. Swiss Harmony is subject to the GDPR. We would like to expressly point out at this point that an allocation is not possible if the sale is generated by an affiliate who has previously restricted the cookie selection in the account settings and tracking, for example, is not possible. not supported.
3. Swiss Harmony uses its own Direct Link Tracking Pro add-on so that the affiliate can skip the referral link (e.g. /ref/123) when linking from their https: // website to the Swiss Harmony website. The affiliate can send a direct link to their own website on the “Direct Link” tab of the affiliate area. Swiss Harmony will review the direct link submission and if approved, the Affiliate will no longer be required to use a referral link when linking directly from the Website to Swiss Harmony. Please note that Direct Link Tracking is only available if the affiliate site has an SSL certificate. The https: // protocol is required.
4. Swiss Harmony operates its own website and the services offered on it, such as the provision of product data, within the scope of the technical possibilities available and at its own discretion. In this context, Swiss Harmony is not responsible for the error-free and/or uninterrupted availability of the website. The quality and correctness of the products and advertising material offered on the website are at the sole discretion of Swiss Harmony.
5. In addition, Swiss Harmony undertakes to pay the commission in accordance with § 3 under the conditions specified therein, insofar as these have arisen within the meaning of these GTCs.

§ 6 Indemnification claim/contractual penalty

1. The Affiliate shall indemnify Swiss Harmony and its employees or agents against all claims of third parties arising from alleged or actual infringement of rights and/or infringement of third-party rights by actions taken by the Affiliate in connection with the Partner Program. In addition, the Affiliate undertakes to reimburse all costs incurred by Swiss Harmony as a result of such claims by third parties. Reimbursable costs also include the costs of an appropriate legal defense.
2. For each case of misuse pursuant to §4 para. 3, Swiss Harmony reserves the right to demand a contractual penalty to be determined at its reasonable discretion and to be reviewed by a court in the event of a dispute. The contractual penalty shall not exceed twelve times the Affiliate’s highest monthly turnover within the last six months prior to the abuse. Further claims for damages remain unaffected by this provision.

§ 7 Rights of use

1. The advertising material and other contents of Swiss Harmony are protected by copyright and/or other industrial property rights. Swiss Harmony grants the Affiliate a simple and non-exclusive right to use the advertising material for the duration and purpose of this contract.
2. Any modification, duplication, distribution or public reproduction of the advertising material or of a substantial part of it in terms of type and scope requires the prior written consent of Swiss Harmony, insofar as it goes beyond the scope described in the preceding paragraph, section 1. 1 is granted.

§ 8 Confidentiality

1. The Affiliate undertakes to keep secret for an unlimited period of time (even beyond the end of this contract) all knowledge of our business and trade secrets or other confidential information obtained in the course 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 we designate information as confidential, there is an irrebuttable presumption that it is a trade or business secret.
2. All information, any ancillary agreements, individual agreements, billing documents and the associated documents within the scope of a contract within the meaning of these GTC must be treated confidentially (as trade and business secrets) by the Affiliate.
3. The Affiliate shall oblige its employees and other persons whom it uses to fulfill its contractual obligations to maintain confidentiality in a manner corresponding to paragraphs 1 and 2 above.

§ 9 Term, termination

1. Contracts under these GTCs begin with the creation of the affiliate account interface at https://swissharmony.ch/affiliatebereich/ for Germany, https://swissharmony.ch/affiliate-area for Switzerland, https://swissharmony.com/affiliate-area for the USA and https://swissharmony.co.uk/affiliate-area for the UK and run for an indefinite period. A contract can be terminated by either party at any time without observing a period of notice and without giving reasons.
2. In addition and beyond this, the right of the parties to terminate the contractual relationship by extraordinary termination for good cause remains unaffected. For Swiss Harmony, good cause entitling to extraordinary termination exists in particular in the following cases:

• serious breach of the Affiliate’s obligations under this Agreement, in particular a breach of § 3 para. 2, 4 and/or 8,
• Breach of obligations under this contract and failure to remedy or cease the breach despite a corresponding request by Swiss Harmony,
• a case of abuse within the meaning of § 3 no. 3.

 

3. Notice of termination can be given by e-mail. A termination declared by Swiss Harmony by e-mail is deemed to have been received on the day on which it is sent to the e-mail address provided by the Affiliate. Swiss Harmony may also declare termination by restricting access to the customer account. The Affiliate may also terminate the contract by deleting the customer account. The contract is terminated upon receipt of the notice of termination.
4. After termination of the contract, the Affiliate is obliged to immediately remove all advertising material and other links and content of Swiss Harmony from the Affiliate Website. This also applies to websites or other advertising media in which the Affiliate has integrated the advertising material or links without being authorized to do so.
5. Leads and/or sales generated after termination of the contract do not result in an obligation to pay remuneration.
6. Instead of termination, Swiss Harmony may in the cases of § 10 para. 2 also block the customer account. This also applies if there is only a reasonable suspicion of misuse in accordance with § 3 para. 3 exists. Swiss Harmony will inform the Affiliate 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 during the blocking period do not lead to a payment obligation.

§ 10 Final provisions

1. Should these GTCs contain invalid provisions, this shall not affect the validity of the remaining provisions.
2. We reserve the right to amend these GTC at any time. Any changes will be communicated to the Affiliate by e-mail. If the customer does not agree with the changes, he is obliged to notify us of this within a preclusive period of four weeks from receipt of the notification of change. In this case, the notification is already considered an exercise of the special right of termination. If such notification is not made within this period, the amendments shall be deemed to have been accepted and shall enter into force upon expiry of the deadline.
3. Swiss law shall apply exclusively to contracts relating to the aforementioned GTCs.
4. Basel (CH) is agreed as the place of jurisdiction for all disputes arising from or in connection with contracts between us and the partner under these GTCs.