General Terms and Conditions for Affiliate Partners
By registering as an affiliate partner, you accept the following general terms and conditions for affiliate partners. The provider and operator of the affiliate programme on the ayio-q.com site is the company SIGONA Natural Cosmetics LTD & Co.KG, Ulitsa Osogovo 13, BG-8216 Laka (hereinafter referred to as “ayio-q.com”).
ayio-q.com offers natural persons as well as entrepreneurs an affiliate partnership within the framework of which the affiliate partner (hereinafter “Partner”) can generate sales for ayio-q.com via so-called affiliate links and receives a share of sales (commission) from ayio-q.com in return. The Partner directs Internet users to the ayio-q.com site via a specially formatted link (affiliate link). If the internet user places and pays for an order, the Partner receives a commission on this turnover. The correct technical integration of the affiliate links is the responsibility of the Partner.
These General Terms and Conditions for Affiliate Partners apply exclusively to the business relationship of the Affiliate Partnership. Deviating agreements shall not apply unless ayio-q.com has agreed in writing.
The Affiliate Partnership requires unrestricted legal capacity and majority for natural persons.
2. Obligations of the Partner
The Partner may, in principle, design, publish and distribute the affiliate links created within the scope of its affiliate partnership at its own discretion, but is always responsible for them itself, in particular with regard to compliance with legal requirements.
Affiliate links may not be placed in the vicinity of criminally relevant content, in particular or furthermore not in the vicinity of
- Violence or glorification of violence
to be explicitly denied publishing.
It is not permitted,
- Placing ads directly on an affiliate link such as: Search Engine Marketing (search engine marketing) and participation in adware networks. The Partner is prohibited from booking advertising space in search engines or paid ad placements, e.g. in Google AdWords or sponsored links, which are related to ayio-q.com and the Company’s product range. Add-ons, iFrames, layers, post-view tracking, pop-ups and -unders as well as direct forwarding are also prohibited.
- Paying or incentivising or rewarding internet users for clicking on an affiliate link.
- Distribute affiliate links with the help of spam mails or adware.
- Set up automatic redirects to affiliate links.
- Position affiliate links in such a way that the internet user cannot recognise that the click will lead him to the target page of the affiliate link (clickjacking etc.).
Violations may result in the loss of the affiliate partnership as well as the cancellation of open commissions.
The publication or presentation of affiliate links – regardless of the form (text, image) – must always take place without the price of the linked product being stated. Only the prices shown on ayio-q.com at the time of purchase apply.
The Partner may not carry out its own advertising activities on behalf of ayio-q.com.
3. Remuneration, Payment
The commission amount is agreed and confirmed on the affiliate platform of ayio-q.com. The Partner is entitled to a commission on the net turnover on orders generated through its affiliate links. Commissions are calculated on the ordered items excluding VAT.
Commissions are only paid on sales generated via one of the official affiliate links and recorded by the shop system. Manual, especially verbal, reprimands cannot be taken into account.
Payment shall be made monthly from a commission claim in the amount of EUR 20.00. Settlement and payment can take up to 14 days after the end of the month. More frequent billing and payment is possible by individual arrangement.
The Partner’s commissions are transferred to the specified bank account without VAT. If the Partner has declared in writing that it is entitled to show value added tax, it shall receive the commission plus the legally applicable value added tax, provided that it furnishes proof of its liability to value added tax.
The basis for calculation is the sales price of the product actually invoiced by ayio-q. The price must be paid in full by the customer, amounts refunded to customers through complaints or vouchers are not part of the “turnover actually generated”. Other service charges that may be incurred, such as shipping, handling and gift wrapping costs, are also not part of the “turnover actually generated”.
Charges for foreign transfers are offset against the credits.
ayio-q.com reserves the right not to pay out any credit if the affiliate is suspected of fraud or has breached these terms and conditions.
4. Revisit & Last Cookie Wins
(1) A user who accesses the ayio-q.com website via a Partner remains assigned to the respective Partner for 30 days by means of cookies. Each time the user visits, the 30-day period is restarted.
(2) If the user of a Partner site is referred via another Partner, the last-cookie-wins model applies, i.e. the 30-day period expires and the new, last referring Partner receives the commission.
The following exclusions and limitations of liability apply to ayio-q.com’s liability for damages, without prejudice to the other statutory requirements for claims.
ayio-q.com shall be liable without limitation insofar as the cause of the damage is based on intent or gross negligence.
Furthermore, ayio-q.com shall be liable for the slightly negligent breach of essential obligations, the breach of which jeopardises the achievement of the purpose of the contract, or for the breach of obligations, the fulfilment of which is essential for the proper performance of the contract and on the observance of which you regularly rely. In this case, however, ayio-q.com shall only be liable for the foreseeable damage typical for the contract. ayio-q.com shall not be liable for the slightly negligent breach of obligations other than those set out in the preceding sentences.
The above limitations of liability shall not apply in the event of injury to life, limb or health, for a defect after the assumption of a guarantee for the quality of the product and in the event of fraudulently concealed defects. Liability under the Product Liability Act remains unaffected.
Insofar as the liability of ayio-q.com is excluded or limited, this shall also apply to the personal liability of employees, representatives and vicarious agents.
6. Data Protection
ayio-q.com processes personal data of the Partner for a specific purpose and in accordance with the statutory provisions.
The personal data provided as part of the affiliate partnership (such as name, e-mail address, address, payment data) will be used by ayio-q.com to fulfil and process the contract. This data is treated confidentially and is not passed on to third parties who are not involved in the billing and payment process.
Further information on the type, scope, location and purpose of the collection, processing and use of the required personal data by ayio-q.com can be found in the data protection declaration: https://www.ayio-q.com/en/privacy-policy/
7. Jurisdiction, Applicable Law, Contractual Language, Arbitration
The place of jurisdiction and performance is Burgas if the Partner is a merchant.
The law of the Republic of Bulgaria shall apply. The application of the UN Convention on Contracts for the International Sale of Goods is excluded. This shall not apply if mandatory consumer protection provisions prevent such application.
The contractual language is English.
For the out-of-court settlement of consumer disputes, the European Union provides an online platform (“ODR platform”) at https://ec.europa.eu/consumers/odr. We are neither willing nor obliged to participate in dispute resolution proceedings before consumer arbitration boards.
8. Severability Clause
Should any clause of these terms and conditions be invalid, the validity of the remaining terms and conditions shall remain unaffected.
Last updated 20-09-2021