Conditions of participation for the Schau aufs Land advertising partner programme

§ 1 Scope of application

1. These conditions of participation apply between the registered advertising partner and Schau auf's Land GSR OG (hereinafter also referred to as Schau aufs Land). If both contractual partners are addressed, they are also referred to as "parties".
2. Only natural persons with full legal capacity and legal entities can register as advertising partners of Schau aufs Land.
3. The affiliate programme only includes purchases made directly via the web platform. https://app.schauaufsland.at be mediated. Direct purchases by in-app purchase via Google or Apple Pay are excluded from the affiliate programme.
4. The income generated by our affiliate programme is taxable and you as an advertising partner are responsible for this.

§ 2 Subject matter of the contract

1. The subject of this contract is participation in the Schau aufs Land advertising partner programme in order to promote the Schau aufs Land platform and the membership that can be purchased there.
2. Participation in this affiliate programme is free of charge.
3. After registering via our affiliate platform Rewardful, the advertising partner gains access to his/her own dashboard, where he/she is provided with a customised and modifiable affiliate link.
4. Schau aufs Land provides the advertising partner with a selection of media material and advertising material for the promotion of Schau aufs Land at its own discretion.
5. The advertising partner(s) shall receive a referral commission for the advertising and successful referral of newly concluded and fully paid memberships for which the right of cancellation is not exercised. Depending on the commission model selected, the commission is 25 % (25/0) or 15 % (15/10) of the membership fee for the first membership year.
6. With the 15/10 commission model, the advertising partner also receives an individual discount code in the amount of 10 %, which can be used in the promotion of Schau aufs Land. This discount code can only be used via the web version https://app.schauaufsland.at can be redeemed.

§ 3 Functionality of the affiliate programme

1. After registering for the 25/0 or 15/10 programme, the advertising partner gains access to his/her own dashboard via our affiliate platform Rewardful, where he/she is provided with an individual and modifiable affiliate link.
2. The affiliate link is used to track all clicks, leads and purchases achieved via the link. The affiliate partner receives the agreed commission from the net sales price (excluding VAT).
3. The cookie window runs for 60 days. If a purchase is made during this period from the first click on the affiliate link, the respective commission is credited to the Rewardful account of the advertising partner.
4. The affiliate credit is paid out annually on 31 December, provided that the minimum payout amount of €50 has been reached.
5. Orders placed by the advertising partner him/herself or his/her relatives are not eligible for commission crediting.

§ 4 Media material & advertising material

1. Schau aufs Land also provides its advertising partners with media material and advertising material. These are subject to the copyright of the respective content creator and are to be named accordingly by copyright when used.
2. The media material provided by Schau aufs Land may only be used for advertising purposes in connection with the promotion of Schau aufs Land. Any other use is strictly prohibited.

§ 5 Registration & conclusion of contract

1. To participate in the Schau aufs Land advertising partner programme, the advertising partner applies via the registration form on schauaufsland.com.
2. The data provided when registering must be truthful.
3. The advertising partner undertakes to keep his/her personal data stored with Rewardful, in particular the e-mail address, up to date at all times and - should this data change - to make the necessary changes immediately.
4. If incorrect information is provided during registration or if a required change is omitted, the advertising partner may be excluded from further participation in the Schau aufs Land advertising partner programme.
5. There is no entitlement to participate in the Schau auf's Land advertising partner programme. Schau auf's Land GSR OG may reject new applications or existing advertising partners or exclude them from the programme at any time without giving reasons and without observing a notice period. Any outstanding commission credits of the advertising partner shall remain valid in this case and must be paid.

§ 6 Brokerage commission

1. The advertising partner receives a performance-related commission from Schau aufs Land.
2. The entitlement to payment of the agency commission only arises under the following conditions:
   1. Through the advertising activity of the advertising partner, a membership with Schau aufs Land was concluded.
   2. The purchase was made via the web platform https://app.schauaufsland.at and the right of cancellation was not exercised.
   3. The purchase of the membership was logged ("tracked") via Rewardful using the individual affiliate link.
   4. There is no abuse within the meaning of § 9 of these conditions of participation.
3. A sale is deemed to be a sale via the web platform https://app.schauaufsland.at an order that has been fully executed by the end customer and paid for in full by the end customer. Cancellations - for whatever reason - shall not be deemed to be sales if the end customer has not paid or if payments made by him/her are refunded.
4. Orders placed by the advertising partner him/herself or his/her relatives are not subject to remuneration.
5. Orders that come about as a result of leads generated via an affiliate link for which the advertising partner has already been requested to remove the affiliate link are also not subject to remuneration. This applies from the time of the request.
6. The amount of remuneration depends on the commission model selected.
7. All commissions quoted are net fees and are paid exclusive of VAT.
8. Only the first membership concluded by the end customer is entitled to commission payment.
9. The entitlement to payment of a commission expires 365 days after notification of the entitlement to payment by e-mail from Schau aufs Land.

§ 7 Settlement

1. The statement will be prepared by Schau auf's Land GSR OG - provided the minimum payout amount of € 50 is reached - on 31 January of the following calendar year for the period from 1 January to 31 December of the previous year and sent to the advertising partner by email. The amount will then be paid out by the advertising partner within 30 days of confirmation of its accuracy.
2. Schau aufs Land shall send the advertising partner a statement of account by e-mail within 14 days of 15 January of the following year. The advertising partner must check this statement immediately and any objections must be made in writing to Schau aufs Land within four weeks. After expiry of this period, the statement shall be deemed correct.
3. Payment is made by PayPal or bank transfer with discharging effect to the PayPal address or bank details provided to Rewardful. Any fees (e.g. for bank accounts abroad or currency conversions) shall be borne by the advertising partner.
4. If Schau aufs Land cancels the advertising partner programme, the credit balance on the Rewardful account will be settled on 31 December of the respective year, regardless of whether the minimum payout amount has been reached. The minimum payout limit does not apply in this case.

§ 8 Duties of Schau aufs Land

1. Schau aufs Land provides the advertising partner with a selection of media material and advertising media at its own discretion.
2. Schau aufs Land uses the Rewardful platform to appropriately track bookings made with the affiliate link and assigns them to the Rewardful account of the advertising partner.
3. Schau aufs Land operates the web platform https://app.schauaufsland.at as well as the services offered on it, such as the provision of product data, within the scope of the available technical possibilities at its own discretion. In this context, Schau aufs Land is not responsible for the faultless and/or uninterrupted availability of the web platform and is also not responsible for interruptions or failures of the payment connection via Stripe. The quality and correctness of the products and advertising material offered on the web platform and website schauaufsland.com are at the sole discretion of Schau aufs Land.
4. Schau aufs Land undertakes to pay the agency commission in accordance with § 6 of these conditions of participation under the conditions specified therein.

§ 9 Rights and obligations of the advertising partner

1. The advertising partner may only integrate the advertising material on its own website or social media accounts. The media material provided and the advertising material may only be used for the purposes specified in this contract.
2. The advertising partner is responsible for the content and ongoing operation of his/her website and social media accounts. During the term of this contract, it is prohibited to place content that violates applicable law, morality or the rights of third parties and/or is likely to damage the reputation of Schau aufs Land. Schau aufs Land is authorised, but not obliged, to check the websites and social media accounts of the advertising partner. In particular, the dissemination of content that
   1. Racism,
   2. Glorification of violence and extremism of any kind,
   3. Incitement and instigation to commit criminal offences and/or violations of the law, threats against life, limb or property,
   4. Agitation against persons or companies,
   5. defamatory statements, libel, slander and defamation of users and third parties as well as breaches of fair trading law,
   6. copyright infringing content or other infringements of intellectual property rights or
   7. Such content may not be integrated on the website or the social media accounts of the advertising partner itself, nor may links to corresponding content on other websites be created from this website or social media accounts.
3. Any form of abuse, i.e. the generation of leads and/or sales via unfair methods or unauthorised means that violate applicable law and/or these Conditions of Participation, is prohibited. In particular, it is prohibited to attempt to generate leads and/or sales yourself or through third parties by means of one or more of the following practices or to ensure that sales are allocated to the Partner:
   1. 1. Faking leads or sales that have not actually taken place, e.g. by providing unauthorised third-party data or false or non-existent data when ordering goods on our website,
      2. Use of advertising formats 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,
      3. Cookie dropping: Cookies may not be set when the website is visited, but only if the user of the partner website has previously clicked on the advertising material voluntarily and consciously,
      4. 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,
      5. Use of terms legally protected for Schau aufs Land or third parties, in particular trademarks, for example in search engines, in advertisements or in the promotion of the partner website without the express prior written consent of Schau aufs Land. In particular, it is prohibited to provide websites on the Internet that could lead to a risk of confusion with Schau aufs Land or products offered by Schau aufs Land. In particular, the advertising partner may not copy the website, landing pages or other appearances of Schau aufs Land or take over graphics, texts or other contents of Schau aufs Land. The impression must be avoided that the partner website is a project of Schau aufs Land or that its operator is economically connected to Schau aufs Land in a way that goes beyond the advertising partner programme and this contract. Any use of materials or content from the Schau aufs Land website or of Schau aufs Land logos or brands by the advertising partner requires the prior written approval of Schau aufs Land.
4. The advertising partner undertakes to operate its website and/or social media accounts in accordance with applicable law and, in particular, to maintain a proper legal notice.
5. The advertising partner is also prohibited from passing on commissions received from Schau aufs Land in whole or in part to the end customer.
6. E-mail advertising that contains advertising material or otherwise promotes Schau aufs Land may only be sent if this has been previously authorised by Schau aufs Land and explicit 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 using a double opt-in procedure.
7. If Schau aufs Land requests the removal of all advertising material, this request must be complied with immediately.
8. The advertising partner undertakes to refrain from electronic attacks of any kind on our tracking system and/or our websites. Electronic attacks include, in particular, attempts to overcome, circumvent or otherwise override the security mechanisms of the tracking system, the use of
   Computer programmes for the automatic reading of data, the use and/or distribution of viruses, worms, Trojans, brute force attacks,
   Spam or the use of other links, programmes or procedures that could damage the tracking system, the partner programme or individual participants in the partner programme.

§ 10 Indemnification claim/contractual penalty

1. In the event of a claim for alleged or actual infringement and/or violation of third party rights by actions carried out by the advertising partner in connection with the advertising partner programme, Schau aufs Land shall be indemnified against all third party claims. The advertising partner undertakes to reimburse Schau aufs Land for all costs incurred by Schau aufs Land as a result of such claims by third parties. Reimbursable costs also include the costs of an appropriate legal defence.
2. The advertising partner undertakes to pay a contractual penalty to be determined by Schau aufs Land at its reasonable discretion, to be reviewed by a court in the event of a dispute, for each case of misuse in accordance with § 9 of these participation obligations. Further claims for damages remain unaffected by this provision.

§ 11 Data protection

1. The data of the advertising partner(s) will be stored by Schau aufs Land for the purpose of contract processing and communication within the advertising partner programme. Schau aufs Land undertakes to observe and comply with the applicable data protection regulations of the GDPR and to use this data only in the context of contract fulfilment - without passing it on to third parties for advertising purposes.

§ 12 Contract term & termination of the contract

1. The contract runs for an indefinite period and can be cancelled by either party at any time without notice and without giving reasons.
2. In addition and beyond this, the right of the parties to terminate the contractual relationship by extraordinary cancellation for good cause remains unaffected.
3. The cancellation can be made by e-mail and is valid from the day on which this e-mail was sent by Schau aufs Land to the e-mail address stored by the advertising partner in the Rewardful account.
4. Schau aufs Land may also declare the cancellation by restricting access to the customer account. The advertising partner can also declare the cancellation by deleting the customer account. The contract is terminated upon receipt of the cancellation.
5. After termination of the contract, the advertising partner is obliged to immediately remove all advertising material and other links and content from Schau aufs land from his/her website and/or social media accounts. This also applies to websites or other advertising media in which the advertising material or links have been integrated without being authorised to do so.
6. Leads and/or sales generated after termination of the contract do not result in an obligation to pay remuneration.
7. Instead of cancellation, we can also block the customer account in cases in accordance with § 12.2. This right also exists if there is only a justified suspicion of misuse in accordance with § 9.2. Schau aufs Land will inform the advertising partner of the reason for the block and, at its own discretion, lift the block again if the reasons that led to the block have been clarified and, if necessary, eliminated. Leads and sales generated during the period of blocking are not subject to any payment obligation.

§ 13 Final provisions

1. Should the contract contain invalid provisions, this shall not affect the validity of the remainder of the contract.
2. Schau aufs Land reserves the right to amend these conditions of participation at any time. Any changes will be communicated to the advertising partner by e-mail. If the advertising partner does not agree with the changes, he/she is entitled to inform Schau aufs Land of this within four weeks of receipt of the notification of change. In this case, Schau aufs Land has a special right of cancellation. If this notification is not made within the set period, the changes are deemed to have been accepted and come into force on expiry of the deadline.
3. This contract shall be governed exclusively by Austrian law.
4. If the advertising partner is a merchant, a legal entity under public law or a special fund under public law, Graz (Austria) is agreed as the place of jurisdiction for all disputes arising from or in connection with contracts between Schau aufs Land and the advertising partner.