Swiss Harmony operates an online platform for advertising and marketing products as part of a Partnership Programme. The Terms and Conditions apply to all current and future contracts and business relations as part of this Partnership Programme.
Participating contractual partners are the corresponding contractual partners of Swiss Harmony under the Partnership Programme (hereinafter referred to as the Affiliate).
Swiss Harmony offers products and services on country-specific websites with the following URLs: swissharmony.com (USA), www.swissharmony.de (Germany), www.swissharmony.ch (Switzerland) and www.swissharmony.co.uk (Great Britain) . The Affiliate wishes to include these products and services on Affiliate-operated websites using hyperlinks, in order to ensure access to products and services offered by Swiss Harmony, and to promote sales.
The Affiliate shall receive a predetermined amount of remuneration from Swiss Harmony for this. When a user clicks on an advert, he will be redirected to the website of Swiss Harmony. If a transaction is subsequently carried out, irrespective of which country-specific URL has been used, the Affiliate of Swiss Harmony shall receive a predetermined amount of remuneration.
All Parties are entrepreneurs in the sense of the German Civil Code, in that they are natural or legal persons or partnerships with a legal capacity, which carry out commercial or independent professional activity.
Deviating, conflicting or additional Terms and Conditions, even if known, shall not constitute part of the contract, unless their validity has been expressly agreed in writing.
Section 1: Registration, conclusion of contract
A contract between Swiss Harmony and the Affiliate, relating to the placement of advertising material, has been concluded exclusively through our online application process at: https://swissharmony.de/affiliate-area for Germany and https://swissharmony.ch/affiliate-area for Switzerland. When applying, the Affiliate bids to participate in the Partnership Programme, and therefore accepts the associated Terms and Conditions. A contract shall only come into effect if Swiss Harmony expressly declares acceptance of the offer, or submits a specific, individual referral ID to the Affiliate.
Swiss Harmony shall check the details and information included in all registration requests, as well as the website of the potential Affiliate.
There is no entitlement to participate in the Partnership Programme or to conclude a contract with Swiss Harmony. Swiss Harmony reserves the right to reject a potential Affiliate at any time, and without reason.
Section 2: Contractual object
The object of this contract is to participate in the Partnership Programme, in order to increase sales of our products via other websites. Participation in the Partnership Programme is free of charge for the Affiliate. For this purpose and at our discretion, we shall provide the Affiliate with a selection of advertising materials.
The Affiliate shall take responsibility for displaying the advertising material provided on websites registered with and approved by the Partnership Programme (hereinafter referred to as Affiliated Websites). The Affiliate may freely decide which advertising material is to be displayed on an Affiliated Website, and for how long. It is entitled to remove the advertising material at any time.
For the promotion and successful implementation of transactions (e.g. orders), the Affiliate shall receive a referral fee. This will depend on the scope and material value of the service. The details are set out in Section 3 of these Terms and Conditions.
The Partnership Programme does not constitute any other contractual relationship between the Parties beyond this contract.
Section 3: Remuneration, reimbursement and settlements
The Affiliate shall essentially receive 30% commission on the net sales price (= selling price, less national sales tax). Sales of BioHome DIY and NFS8 products will be remunerated with a 20% commission on the net sales price.
All disbursements of Affiliate commissions are paid in the currency in which the purchase is made.
Swiss Harmony offers its customers a 30-day money back guarantee. Commission claims within the framework of the Partnership Programme may arise when this period has expired. Commissions are therefore only paid on transactions older than 30 days.
Swiss Harmony shall assume no liability for the Affiliate’s personal transactions. This involves the use of an alternative e-mail address.
Swiss Harmony reserves the right to decline commission payments if the transaction reference violates the contents of this Contract.
PayPal is the sole payment method used by Swiss Harmony. Any Affiliate not wishing to use PayPal is hereby excluded from participating in the Swiss Harmony Partnership Programme.
Swiss Harmony shall provide the Affiliate with a settlement of the commission claim in the customer account. The Affiliate shall check the settlement immediately. If the Affiliate has any objections to a settlement, Swiss Harmony must be notified in writing within four weeks. After the expiry of this period, the settlement will be considered confirmed.
All commission claims are payable two months after the end of the month in which the final customer payment relating to the transaction is made. Commission entitlements are only payable if a minimum payout of EUR 100 (GBP 90, USD 115, CHF 115) is reached. Unpaid commissions cannot expire.
Payments shall be made exclusively via PayPal, with debt-discharging effect, to the PayPal account stated in the Affiliate’s customer account. Any fees will be borne by the Affiliate.
Payments will be made in the first week of the month.
Section 4: Rights and obligations of the Affiliate
The Affiliate may include the advertising material on the Affiliated Websites. The Affiliate is expressly prohibited from using links made available in other advertising media (such as social media, mailing lists or newsgroups that expressly disallow commercial advertising) and/or making changes to the advertising material itself. The advertising materials may only be used on the Affiliated Websites for the purposes specified in this Contract.
The Affiliate is responsible for the content and operation of the Affiliated Website and shall not post any content that violates the applicable law, is detrimental to the morality or rights of third parties, and/or is liable to damage the reputation of Swiss Harmony. Swiss Harmony is entitled, but not obliged, to check the Affiliated Websites. Affiliates are forbidden from publishing material which features
racism of any kind;
glorification of violence or extremism of any kind;
encouragement and incitement of criminal conduct and/or infringements, threats against life, limb or property;
hatred towards people or businesses;
defamatory statements, slander, libel and malice by users and third parties, as well as violations of the applicable fair trading law;
copyright infringing material or other infringement of intellectual property rights, or
sexual harassment of users and third parties
or refers to or includes such content. Such content may not be included on the Affiliated Website itself, nor may it be linked from the Affiliated Website to corresponding content on other pages.
Any form of misuse, i.e. the generation of leads and/or sales through the use of unfair methods or improper means that violate the applicable law and/or these Terms and Conditions is prohibited. In particular, the Affiliate is prohibited from attempting to generate leads and/or sales either by itself or through a third party, and using one or more of the following practices to assign sales to a partner:
pretence of leads or sales that in fact did not happen, e.g. due to the unauthorised disclosure of third-party data or the provision of false or non-existent data when ordering products on our website;
use of forms of advertising that enable tracking, but do not display the advertising material, are imperceptible, or are not in the specified form and/or size;
Cookie dropping: Cookie dropping is not triggered simply by visiting the website – it only happens if the user of the Affiliated Website has previously voluntarily and consciously clicked on advertising material;
other forms of affiliate fraud (especially cookie spamming, forced clicks, affiliate hopping) and the use of layers, add-ons, iframes and postview technology to increase leads;
The use of legally protected terms – in particular terms trademarked for Swiss Harmony or third parties – in search engines, advertisements, or for the promotion of a partner website without the express prior written consent of Swiss Harmony is prohibited. In particular, the Affiliate is prohibited from creating websites that could lead to confusion with Swiss Harmony or products offered by Swiss Harmony. Above all, the Affiliate may not copy the website, landing pages or other Swiss Harmony pages, or assume graphics, text or other content from Swiss Harmony. The Affiliate must avoid giving the impression that the Affiliated Website is a Swiss Harmony project, or that its operator is commercially related to Swiss Harmony in a way that goes beyond the Partnership Programme and this contract. Any use of material or content from the website, as well as the logos or trademarks of Swiss Harmony by the Affiliate, requires the prior written consent of Swiss Harmony.
The Affiliate undertakes to run the Affiliate Website in accordance with the applicable law, and in particular to publish a proper legal notice.
E-mail advertising which contains Swiss Harmony advertising material or promotes the company in any other way may only be distributed if this has previously been approved by Swiss Harmony, and the express consent of all addressees to receive advertisements by e-mail has been given, and their e-mail addresses have been verified and recorded using a double opt-in procedure.
The Affiliate shall immediately remove advertising material from the Affiliate Website if prompted to do so by Swiss Harmony. This shall apply in particular to websites on which Swiss Harmony does not want – or no longer wants – its advertising material to be included, regardless of the reason why.
The Affiliate shall remove any reference to Swiss Harmony and its products in the advertising on the Affiliated Website. In particular, the Affiliate shall not display any context-based advertisements (including Google AdWords or AdSense) that contain the names, company keywords, or brands of Swiss Harmony, which may appear due to the use of appropriate keywords. The same is applicable to the names of Swiss Harmony products.
The Affiliate agrees not to launch any kind of electronic attack on our tracking system and/or Swiss Harmony’s websites. Electronic attacks primarily include attempts to break down, bypass or otherwise disable the security mechanisms, the use of computer programs for automatic data readouts, the application and/or distribution of viruses, worms, Trojans, brute force attacks and spam, or the use of any other links, programs or procedures that could damage the tracking system, the Partnership Programme, or individual participants in the Partnership Programme.
Section 5: Rights and obligations of Swiss Harmony
Swiss Harmony shall provide the Affiliate with a choice of advertising materials at its discretion.
Swiss Harmony shall be responsible for tracking visitors who access its website via the advertising material included on the Affiliated Website (hereinafter referred to as “Partner Leads”). Swiss Harmony shall also assign any orders made by Partner Leads (hereinafter referred to as “Sales”) to the Affiliate. Swiss Harmony is governed by the GDPR. We expressly point out that an assignment is not possible if a Sale is generated by an Affiliate which has previously implemented restrictions in the Cookie settings, meaning that, for example, tracking is not supported.
Swiss Harmony uses its own direct link tracking pro add-on, so that the Affiliate can bypass the reference link (e.g. /ref/123) when linking to the Swiss Harmony website from a https: // website. The Affiliate can include a direct link to its own website under the “Direct Link” tab in the Affiliate section. Swiss Harmony shall review the direct link, and if approved, the Affiliate will no longer need to use a referral link when linking directly to Swiss Harmony from its own site. Please note that direct link tracking is only available if the Affiliated Website has an SSL certificate. The https: // protocol is required.
Swiss Harmony operates its own website, including the services offered – such as the provision of product data – within the scope of the available technical possibilities and at its discretion. In this context, Swiss Harmony shall bear no liability for errors and/or the interrupted availability of the website. The quality and correctness of the products and advertising materials offered on the website are at the sole discretion of Swiss Harmony.
Swiss Harmony also undertakes to pay the commission in accordance with the requirements specified in Section 3, provided that this has arisen within the meaning of these Terms and Conditions.
Section 6: Right to exemption/contractual penalties
The Affiliate shall indemnify Swiss Harmony and its employees or agents in the event of claims relating to the alleged or actual violation of rights and/or infringement of third party rights on the part of the Affiliate in connection with the Partner Programme and any resulting third party claims.
The Affiliate also undertakes to reimburse any costs incurred by such third party claims. Reimbursable costs include the costs of appropriate legal defence.
In each instance of misuse pursuant to Section 4 Paragraph 3, Swiss Harmony reserves the right to demand that a contractual penalty be determined at the discretion of a court. The penalty must not exceed twelve times the amount of the Affiliate’s largest monthly revenue in the last six months prior to the instance of misuse. Further claims for damages remain unaffected by this regulation.
Section 7: Rights of use
The advertising material and other Swiss Harmony content is 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.
Any modification, duplication, distribution or public reproduction of the advertising material, or of a part which is essential in terms of type and scope, requires the prior written consent of Swiss Harmony if it exceeds the scope specified in Paragraph 1 above.
Section 8: Confidentiality
The Affiliate undertakes to keep all knowledge relating to our business and trade secrets – as well as other confidential obtained during the contractual relationship – confidential for an unlimited period (even beyond the end of this contract), to only use it for the purposes of the contract, and above all, not to disclose it to third parties or to use it for any other purpose. If information provided by us is classified as confidential, the irrefutable presumption that it contains business or trade secrets shall apply.
All information, any ancillary agreements, individual agreements, billing documents and the associated documents within the scope of a contract in the sense of these Terms and Conditions must be treated in strict confidence by the Affiliate (as a business and trade secret).
The Affiliate must oblige its employees and other persons involved in the fulfilment of its contractual obligations to maintain confidentiality pursuant to Paragraphs 1 and 2 above.
In addition, the right of the Parties to end the contractual relationship by extraordinary termination for good cause remains unaffected. For Swiss Harmony, a good cause justifies extraordinary termination in the following cases:
serious violation on the part of the Affiliate of obligations of this contract, in particular a violation of Section 3 Paragraphs 2, 4 and/or 8;
violation of obligations of this contract, and failure to remedy or amend the violation, despite requests from Swiss Harmony;
an instance of misuse as per Section 3 Paragraph 3.
The termination notice may be submitted by e-mail. A notice of termination issued by Swiss Harmony by e-mail is considered to have been received on the day 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 can also declare termination by deleting the customer account. The contract is ended upon receipt of the termination.
Following termination of the contract, the Affiliate is obliged to immediately remove all advertising material and other Swiss Harmony links and content from the Affiliated Website. This also applies to websites or other advertising media in which the Affiliate has included the advertising material or links without being authorised to do so.
Leads and/or sales generated after the end of the contract will not result in a payment obligation.
Instead of terminating the contract, Swiss Harmony can block the customer account in cases pursuant to Section 10 Paragraph 2. This also applies if there are reasonable grounds to suspect misuse, pursuant to Section 3 Paragraph 3. Swiss Harmony shall inform the Affiliate of the reason for the lockout, and will unblock the account if the causes of the lockout have been clarified and eliminated, if necessary. Leads generated during the lock-out period will not result in a payment obligation.
Section 10: Final provisions
Should these Terms and Conditions contain ineffective regulations, the validity of the remaining provisions shall remain unaffected.
We reserve the right to amend these Terms and Conditions at any time. The Affiliate will be informed of any changes by e-mail. If the Affiliate does not agree with the changes, it is obliged to inform us of this within a period of four weeks from receipt of the notification of change. In this case, the notification is considered as the exercise of the special right of termination. If no notification is given within this period, the changes will be deemed accepted and will come into effect on expiry of the time limit.
German law is exclusively applicable to contracts under these Terms and Conditions.
Basel (CH) is the agreed place of jurisdiction for all disputes arising out of, or in relation to, contracts between us and the Affiliate under these Terms and Conditions.