§ 1 Subject matter of the contract

Merchant Athlete Solutions GmbH offers an affiliate program (“Affiliate Program”) to promote the products in the German Weightlifting Shop by placing ads on the Internet. The aim of the contract is mutually beneficial advertising cooperation. The advertising partner (“Affiliate”) uses the advertising material and/or text URLs provided to advertise products of the German Weightlifting Shop on his or her website(s) and receives a commission if a sale is arranged using this advertising material and his or her Affiliate ID. A sale occurs when a purchase is mediated by the affiliate and this purchase is fully processed, i.e. the goods are delivered to the customer and not returned.

§ 2 Settlement of benefits

Athlete Solutions GmbH is responsible for handling the service, including all related procedures such as customer service, invoicing, collection, cancellation and settlement, and payment of affiliate fees.

§ 3 Conclusion of the contract

Athlete Solutions GmbH provides an online application form to register for the affiliate program. By completing the registration form, the Affiliate makes Athlete Solutions GmbH an offer to conclude an affiliate contract. Athlete Solutions GmbH will then examine and decide whether to accept the contract offer and will notify the Affiliate of the acceptance or rejection. By submitting the registration form, the Affiliate accepts these General Terms and Conditions for participation in the Die Athlete Solutions GmbH Affiliate Program without any restrictions.

Participation is open to anyone who has reached the age of 18 and has full legal capacity. Athlete Solutions GmbH does not require any particular specifications or content for its affiliates, but generally rejects applicants whose websites violate applicable law.

Membership in the affiliate program is concluded for an indefinite period and is basically free of charge. Charges can only arise in case of separate agreements on additional services or special conditions.

Participation in the affiliate program does not constitute a commercial agency agreement, nor does it establish a business relationship in the sense of a community or company of the parties. The parties are not entitled to act on behalf of each other and/or make or accept declarations on behalf of the other party/merchants. By registering, the Affiliate agrees to receive communications in connection with his partnership.

§ 4 Allocation of the Affiliate ID, assignment of actions

The affiliate system is used to conduct business with the affiliates and settle the commission. For this purpose, each affiliate is provided with a unique identification number (affiliate ID) and individual links after registration, through which all actions that a customer carries out via the advertising material provided are assigned to the affiliate.

The affiliate integrates selected advertising media into his website/his social media profile via a predefined hyperlink. The Affiliate is responsible for the correct technical integration of the links. Only if the advertising material is used according to the instructions and unchanged, it is guaranteed that the mediation of the Affiliate is correctly recorded and remunerated. Terms and Conditions of Affiliate Program

For the correct recording of the actions and the assignment of the customer to the affiliate, the affiliate ID is included in the link (URL) or in cookies. Cookies are automatically stored in text files on the customer’s computer. For technical reasons, a customer can delete such cookies or refuse to accept them. A claim for remuneration on the part of the Affiliate only arises if a promotion can be clearly assigned by the Affiliate ID transferred in the link or by recording the Affiliate ID from a cookie.

§ 5 Access to the online affiliate system (evaluation & reporting)

With his individual Affiliate ID and personal password, the Affiliate has the opportunity to access the online billing and administration system at any time and can, in particular, view the advertising material provided and the status of the currently accumulated transactions and payments on his Affiliate account.

The Affiliate has the possibility in his account to update his personal information at any time. He is responsible for the correctness of his data and is obliged to keep this data up to date and to make changes without delay.

All mediated services are shown in the affiliate account in the categories pending, paid out and cancelled, in each case with the mediated net sales without sales tax and the accrued commission.

§ 6 Use and integration of the advertising media

Athlete Solutions GmbH provides the Affiliate with various online advertising media, e.g. in the form of banners and text links, and authorizes the Affiliate to use the provided media within the scope of the partner agreement, including for self-designed websites, for the duration of the cooperation. The right of use can be transferred with prior consent to affiliates who use a sub-ID of the affiliate. It shall expire on termination of the contract.

The media specially provided for the purpose of advertising may only be used in connection with advertising offers of the German Weightlifting Shop. However, the Affiliate is free to place further offers from other advertisers on its pages.

The Affiliate may use the provided advertising material on any pages as long as they are in accordance with the Partner Agreement. However, all domains on which advertisements or advertising media are used must be entered in the Affiliate’s personal account in good time with the application in order to enable verification.

The Affiliate may only modify the advertising material provided with the Merchant’s consent. In particular, he is not entitled to advertise offers with prices or performance data other than those stated by the Provider.

§ 7 Amount, settlement and payment of the commission

The affiliate receives a commission of 5% for each order processed via his affiliate link. The remuneration is credited to the Affiliate after checking and confirming the actions on his online account in the Affiliate System and is due for payment 2 months later on the 15th of each month with the statement of account, provided that a minimum amount of 50 Euro is reached. Amounts below this are transferred to the statement for the following month. The Affiliate’s claim to the remuneration arises with the preparation of the final invoice for the previous month. Credit balances on the affiliate account do not earn interest.

Only sales that are mediated by the Affiliate ID of the Affiliate in the German Weightlifting Shop at www.weightlifting-shop.com are remunerated (cookie duration: 30 days).
The basis for the remuneration is that a sale has been mediated by the Affiliate and that it will be processed to the end. If a customer referred by the Affiliate purchases one or more items and cancels the purchase of one or more items, or one or more items are not delivered for other reasons, Athlete Solutions GmbH reserves the right not to pay the commission or, in the case of partial deliveries, only for the items that were actually delivered to the customer.

Payouts to a German bank account are free of charge for the Affiliate.
A claim for reimbursement of costs and expenses for the Affiliate’s advertising activity is excluded in addition to the agreed remuneration.

§ 8 Commercial activity, taxation of income

The Affiliate is responsible for registering a business, if applicable, in the case of an independent activity aimed at making a permanent profit. Athlete Solutions GmbH expressly points out that the participation of private websites in a partner program may result in these websites no longer being classified as “private” but as “commercial” and thus subject to a different assessment under competition law.

If the Affiliate is managed as an entrepreneur within the meaning of §2 UStG and is entitled to payment of the commission plus the statutory VAT, the Affiliate shall confirm at any time and expressly by suitable evidence (e.g. business registration, VAT ID No.) that it is entitled to be included in invoices in accordance with §2 UStG. § 14 UStG to make a separate statement of the turnover tax and in particular is not active as a small business within the meaning of § 19 UStG paragraph 1. Credits plus statutory VAT shall only be made from the month in which the notification is received. A retroactive correction of credits already issued without VAT due to notification will not be made.

The Affiliate is responsible for the taxation of the income from this contract and will, if necessary, bring the advertising fees received to the attention of his responsible tax office in accordance with the current legal requirements.

§ 9 Services and obligations of the provider

Athlete Solutions GmbH shall provide the Affiliate with all links, advertising material and instructions necessary for promoting the services offered and shall ensure that the services recorded via these correctly coded links are processed, booked and presented to the Affiliate in his online account in a timely manner and remunerated.

Athlete Solutions GmbH will make the usual effort to ensure that the German Weightlifting Shop partner program is available 24 hours a day. In the event of a system failure, Athlete Solutions GmbH will immediately attempt to restore availability as quickly as possible. Excepted from this are interruptions that are necessary for necessary maintenance measures or are caused by third parties, not affiliated companies.

Athlete Solutions GmbH does not guarantee that the operation of the advertising materials and the login to the billing system will be constantly available or accessible without errors. In exceptional cases it may happen that a small number of transactions cannot be logged. This does not give rise to any claims against Athlete Solutions GmbH by the Affiliate.

§ 10 Obligations of the Affiliate, Liability

The Affiliate operates its website autonomously and independently. He is conceptually, technically, contentwise as well as in the Design alone responsible for its InterNet operational readiness level, considers for its provided sides and in particular for the advertisement of the InterNet operational readiness level the patent, author, protection, mark and other commercial patent rights as well as personality rights third and commits itself to hurt these under no circumstances (in particular search machine advertisement and search machine optimization). Translated with www.DeepL.com/Translator (free version) In particular, the Affiliate is obliged not to use any names or terms of competitors in connection with the advertised offers.

The Affiliate shall indemnify Athlete Solutions GmbH in advance against all claims for damages, liability and costs incurred by Athlete Solutions GmbH as a result of a claim being made against Athlete Solutions GmbH because the advertising or content used by the Affiliate violates the aforementioned rights and/or other laws or regulations.

The Affiliate is obliged to ensure that no depictions of violence, sexually explicit content, insulting, discriminatory and/or defamatory statements or representations regarding gender, race, religion, disability, nationality, age or sexual orientation appear on the websites he/she is responsible for.

The Affiliate undertakes to avoid excessive use of the billing systems, in particular

a) Coordinate special advertising measures in advance,
(b) not to include click enforcement or mass traffic systems; and
(c) not to maintain automated queries to the linked sites.

§ 11 Dispatch of advertising e-mails, sending of spam

In connection with the promotion of Athlete Solutions GmbH products, the Affiliate is obligated not to send e-mails, short messages (SMS) or instant messages to persons who have not expressly agreed to receive them.

§ 12 Temporary suspension, deactivation of the affiliate account

If Athlete Solutions GmbH suspects a violation of its obligations under this contract, and in particular in cases of fraud, Athlete Solutions GmbH is entitled to block the Affiliate from using the advertising material and the Affiliate login for the duration of the review. In the event of such a blocking, the Affiliate will be notified immediately and given the opportunity to comment.

§ 13 Agreed fees for the partnership

The partnership is basically free of charge. Fees only arise if they have been expressly agreed between the contracting parties.

§ 14 Liability of the provider

Athlete Solutions GmbH shall not be liable for loss of profit, lack of economic success, damages or consequential damages due to misuse, fraud or other activities of its contractual partners or the affiliate and the associated consequential damages. In the event of data loss, Athlete Solutions GmbH shall only be liable to the extent that the Affiliate saves its data at intervals appropriate to the application, but at least once a week, as a data record or in printed form.

Athlete Solutions GmbH shall not be liable for consequences resulting from disruptions and limitations of the advertising materials provided, if they are unavoidable (force majeure, strike, catastrophes or power supply problems, official measures) or necessary for the proper operation of the German Weightlifting Shop partner program.

Otherwise, the liability of Athlete Solutions GmbH, its representatives and vicarious agents is limited to intent and gross negligence. In the event that Athlete Solutions GmbH is obliged to pay damages, liability for financial losses shall be limited to the typically foreseeable damage at the time the contract is concluded and shall not exceed the amount of the Affiliate’s average monthly advertising fee for the period of the previous month. Any further liability is excluded. The limitation of liability also applies to other contractual and/or non-contractual claims.

§ 15 Data protection, confidentiality

Athlete Solutions GmbH undertakes to comply with the provisions of the Federal Data Protection Act (BDSG), the Telemedia Act (TMG) and all other statutory data protection regulations and guidelines.

The electronic storage of the personal data provided by the Affiliate, its processing, use and transmission to contractually bound third parties shall be deemed to have been approved for the duration of the partnership for the purpose of conducting business and, in addition, for the purpose of safeguarding justified liability and warranty claims or statutory obligations to provide evidence. Athlete Solutions GmbH undertakes not to use the Affiliate’s e-mail address, and in particular his or her personal information, for advertising or other purposes that are not related to this Partner Agreement.

§ 16 Termination, termination of the agreement

The contract can be terminated by either party in writing at any time with a notice period of four weeks. All outstanding commissions – even those below the payout minimum of €50 – are then paid out to the affiliate.

An extraordinary termination is possible without notice in the event of a breach of obligations under this contract. After termination of the contract, but in particular in the event of a breach of contractual conditions, all rights of use granted for the advertising material provided shall expire. The Affiliate is then obliged to delete all references and advertising media used without delay and within a period of 7 calendar days as well as to remove them from his pages.

§ 17 Amendments and supplements

Athlete Solutions GmbH reserves the right to amend or supplement these General Terms and Conditions of Business with four weeks’ notice, and in particular to adjust agreed advertising cost subsidies. Changes will be announced by e-mail and are deemed to be approved by the Affiliate unless he/she objects within four weeks. The objection is deemed to be a termination of the contract by the Affiliate.

§ 18 Severability clause

Should individual agreements of this contract be or become invalid, the validity of the remaining agreements remains unaffected. The invalid provision shall be replaced by a provision which comes closest to the economic purpose of the invalid provision and the presumed interest of both contracting parties.

Place of jurisdiction

This contract is subject to German law. Heidelberg is agreed as the exclusive place of jurisdiction for all claims and disputes in connection with this contract.