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General

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Extra Information to help your Application

Tell us what excites you about a Nitrado partnership

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Describe the advertising methods you’ll use *

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Privacy Policy: https://pages.nitrado.net/en-us/everflow-data-privacy/

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Terms and Conditions

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Nitrado Terms *

§ 1 General
(1)   The    terms of  Use    shall    apply for   to  all affiliate programs, including future affiliate programs, between the Affiliate-Advertiser (hereinafter referred to   „Advertiser“) and    marbis GmbH, Griesbachstrasse 10,   76185 Karlsruhe, Germany (hereinafter referred to „Nitrado).
 (2)   The    cooperation of   the    parties does    not    establish a  partnership under civil    law.    The  advertiser is fundamentally responsible for taxing his income.
(3)   These terms of use apply exclusively to entrepreneurs. Consumers are excluded from use.

§ 2 Registration/Application
(1)   The    Advertiser can    apply for   the   affiliate program. After the   application, Nitrado decides at   its   own discretion whether to  work with    the Advertiser or  not.    A  corresponding contractual relationship only comes about when Nitrado accepts the application and the parties have agreed on the remuneration.
(2)   The remuneration is agreed between the  parties in a separate agreement
(3)   The    data    entered during registration must    be   truthful. If this   information changes, the   advertiser is obligated to   correct the    entries  within 7  working days.  If   the  Advertiser provides incorrect information during registration or fails to correct it later, Nitrado can end the cooperation. 

§ 3 Remuneration and billing 
(1)    The    Advertiser's  remuneration for    the    advertising  services is   performance-based. The  following remuneration models are currently offered:
(a)   Pay-per-click (fixed amount per   click    by   a  user    on   the hyperlink of  the   Advertiser to  the   website of Nitrado);
(b)   Pay-per-sale (percentage share     of  the   sales revenue with    a  customer who    has   reached the   website of  Nitrado by clicking on the hyperlink of the  Advertiser);
(c)   Pay-per-lead (fixed amount per occurrence of  the   success defined in  the   respective affiliate program with respect to a  user    who has   reached the website of   Nitrado by   clicking on   the   Hyperlink of   the   Advertiser ("Lead"); or
(d) A combination of the aforementioned remuneration models.
(2)   Only     clicks made voluntarily and    consciously by   the Internet user    on   the   hyperlink by   the   Advertiser to the Website of Nitrado are subject to  payment. Clicks generated with    the aid   of  automatic mechanisms or software or induced by   coercion, deception or   threat do   not   give    rise    to  a claim to remuneration. Repeated clicks or clicks that follow one another in a short period of time shall also    not be counted as valid.
(3)   In   accordance with the    selected remuneration model,  Nitrado will    be   credited with  the    agreed remuneration amount with    each    recorded success occurrence subject to  remuneration (click, sale    or  lead) and after approval of the settlement by the Advertiser and the Advertiser's account will be debited accordingly.
(4)   A  minimum threshold of €50 is required to process the payment. 
(5)   Deductibles, e.g. Chargeable, Bank fees    (Wire Transfer), exchange fees    will    not   be   taken care of   by Nitrado.
(6)   The parties shall    make a  separate agreement on   the amount of  the   remuneration models, which must    be   at least in text form.

§ 4 Inadmissible uses
(1)   The  affiliate programs offered, and    all   content and    information posted within this   framework, in  particular program descriptions, graphics, banners,  hyperlinks,  etc.,  must be   compatible with    the    applicable legal provisions of  the   Federal Republic of  Germany. Also inadmissible is  any   posting of  content or  information that is likely to harm the interests of Nitrado or its reputation in the public. Accordingly, it is  inadmissible
(a)   the   posting of   content in   violation of provisions of   data    protection law,    fair    trading law,    criminal law, copyright law, as well as provisions for  the protection of personal rights and industrial property rights;
(b)   the posting of insulting, defamatory, anti-constitutional, racist, sexist or pornographic content.
(2)   Furthermore, any    use   that    is  aimed at  or obviously suitable for   impairing the   security or  availability of the online portal, rendering it non-functional or preventing, impeding or delaying its use shall be prohibited.(3)   Should Nitrado determine a  violation of  the above paragraphs (1) to  (2),   Nitrado can   end    the   cooperation immediately

§ 5 Duration of the contract
(1)   The    contract can   be   terminated by   either party without giving reasons with    a notice period of  one    week. This does not affect the extraordinary termination option.
(2)   The commission available at  the end of  the   contract will be   transferred to the   Advertiser to  the   specified bank account.
(3)   After     the   end    of the   contract, there    are   no further commission claims -  neither through any   new customers that may have been recruited nor  through new    invoices from existing customers.
(4)   The Advertiser undertakes to remove all links within two working days after the end    of the contract.

§ 6 Liability
(1)   Nitrado shall    be   liable without limitation in  cases    of  intent, fraudulent intent and    gross negligence as well as in cases of personal injury.
(2)   Nitrado shall    be   liable for   damages in   the   event of a  slightly negligent breach of  a material contractual obligation (cardinal obligation) limited to the amount of the foreseeable damage typical for   the contract. In  this case, Nitrado shall    not   be   liable for   lost   profits, indirect damages, consequential damages and claims of  third parties. Cardinal obligations within the   meaning of  this   provision include, in  addition to  the   main contractual obligations, obligations whose fulfilment is  essential for   the proper performance of  the   contract and    on   whose fulfilment the Customer may regularly rely.
(3)   In   all other respects, any liability on the part of Nitrado is excluded.
(4)   The    Advertiser shall indemnify Nitrado against all   claims of  third    parties, including claims for   damages and liability claims as well    as the   reasonable costs, which are   due    to  its   culpable conduct. This    includes, in particular, claims against Nitrado based on   inadmissible content and information provided by the   Advertiser as defined in §  4.

§ 6 Changes
(1)   Nitrado is entitled to change these Terms of Use.
(2)   The    changed terms of  Use will    be announced to  the Advertiser by e-mail two    weeks before they    come into effect.
(3)   The    Advertiser then    has   the   opportunity to  object to the   changes within these     two weeks. In   the   event of an objection, both    contracting parties must    terminate the   contract in  compliance with    the   applicable deadlines.

§ 7 Final Provisions
(1)   This    Agreement and    the   agreements on   the   implementation of  individual Affiliate Programs are subject to the laws     of   the    Federal Republic of   Germany, excluding the    UN    Convention on   Contracts for   the International Sale of Goods
.(2)   The    exclusive place of   jurisdiction for all   disputes arising from    or in   connection with    this contractual relationship is the registered office of Nitrado.

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