Conditions of use
General terms and conditions for the use of amiando by affiliate partners.
Preamble
When registering as an affiliate partner with amiando AG ("amiando") you accept ("affiliate partner") – in addition to the general terms and conditions already accepted during initial registration – the following general terms and conditions for the use of amiando by affiliate partners ("GTC"). amiando provides the services of amiando's third parties (users) through several top-level domains as well as through several sub-domains and aliases of these domains ("amiando-Websites").
These GTC govern the contractual relationship between the affiliate partner and amiando, independent of which amiando website the affiliate partner has registered with or logged on to. The service is intended only for those persons aged 18 and above.
1. Purpose
1.1. amiando offers the opportunity to plan and organise meetings and events over the amiando websites and to sell tickets to users of the amiando websites (charges liable), while amiando takes care of the payment processes. Affiliate partners have the option of integrating this service from amiando into their own websites ("Affiliate Programme").
1.2. The contractual relationship with regard to the event and the sale of tickets exsists solely between the ticket purchaser and the relevant event organiser. With regard to the sale of tickets, the affiliate partner enters into a contractual relatonship only with amiando.
1.3. amiando provides the affiliate partner with several technical options regarding his participation in the affiliate programme. The affiliate partner is not permitted to alter these various technical options in any way. He is obliged to integrate these into his wesite solely in the way intended and described by amiando.
2. Remuneration for affiliate partners
2.1. The affiliate partner receives a performance-related remuneration in proportion to the relevant, valid price list, for the sale of tickets that arise from his participation in the affiliate programme. If the affiliate partner takes part in his own affiliate programme, there will be no entitlement to remuneration from amiando.
2.2. The remuneration to be paid to the affiliate partner as stated in the price list, includes the relevant taxes applicable by law.
2.3. The payment of this remuneration to the affiliate partner takes place monthly within the first 14 days of the following month. The value of the remuneration must be at least Euro 25.00 in order for a payment to be made. The affiliate partner must provide amiando with details of a bank account registered in his name for the payment of his remuneration.
3. Affiliate partner sales reports
The affiliate partner is able to access the sales reports for the tickets sold through his affiliate programme online in his amiando user account.
4. amiando's Liability
4.1. amiando is liable in every event without limitation for damages to life, person and health as well as the liability under the Product Liability Act.
4.2. amiando is further liable for damages caused by it or its employees, whether caused by a deliberate act or gross negligence. The liability is limited to compensation for foreseeable, typical damages, except in the event of a deliberate act, unless there is a grossly negligent breach of the fundamental contractual requirements.
4.3. amiando and its employees are not liable for interferences of any kind, that are caused by events out of their control, that could not be forseen or avoided even through business accuracy. This applies particularly to a failure of or disruption to the telecommunication supply, failure of the electricity supply, or interferences caused by the hardware used by amiando.
5. Final Clauses
5.1 amiando reserves the right to change these GTCs at any time and without the mention af any reasons, unless this is unreasonable with regard to the affiliate partner. amiando will inform the affiliate partner in good time regarding changes to the GTCs. If he does not dispute the validity of the new GTCs within 2 weeks of being informed of the changes, the modified GTCs will be considered as accepted by the affiliate partner. amiando will inform the affiliate partner in this notification of his right to objection and the significance of his objection.
5.2 Offsettings through the affiliate partner are only valid with undisputed or legally established requests. As far as an offsetting through the affiliate partner is invalid, this also applies for any rights of retention of the affiliate partner.
5.3 As far as nothing to the contrary is agreed, the affiliate partner can send all statements to amiando via email with the contact form available on each amiando website, or send these via fax or letter to amiando. amiando can send statements regarding the affiliate partner to the email address provided by the affiliate partner as his current email address in his amiando user account.
5.4 Changes and ammendments must follow in writing. This also applies for the removal of the requirement of the written form.
5.5 Neither party may relinquish the rights attributed to them according to this contract to a third party without the previous agreement of the other party.
5.6 Should individual terms of these GTCs be or become invalid, the validity of the remaining terms will not be affescted. The contract parties are required to replace an invalid terms with a valid one, the content of which as closely as possible matches the intended meaning and purpose of the invalid term. The applies equally to contractual loop holes.
5.7 The place of jurisdiction and execution is – as far as lawfully possible – Munich. German law applies exclusively.
As of: 08. October 2007
