Mr-Hanf.de offers you the opportunity to participate in an affiliate program through which you can generate advertising revenue (commission) for successfully displayed advertisements for Mr-Hanf.de on your website. If you are interested in the affiliate program, please read the following affiliate agreement carefully and click on "Sign Up Now" at the end of the page. By doing so, you accept our affiliate agreement. You will then be directed to the registration form for the Mr-Hanf.de affiliate program.
Basic requirements for participating in the Mr-Hanf.de affiliate program are that you are at least 18 years old, legally capable, and operate a website.
The subject matter of this contract is the commercial display of electronic advertisements on the partner's website by Mr-Hanf.de. The contractual subject matter includes the products that can be purchased on Mr-Hanf.de. The following agreement contains the terms and conditions for participating in the Mr-Hanf.de affiliate program and establishing links from a partner website to our website (https://Mr-Hanf.de). The conditions listed below apply. You may download and/or print the text on your computer. We do not accept any deviating provisions from these conditions unless they are confirmed by us in writing.
If you agree to the following affiliate agreement, Mr-Hanf.de will pay you advertising revenue if a sale is proven to have been made due to the advertising for Mr-Hanf.de displayed on your website.
It is expressly stated that the use of the term "partner" or "affiliate agreement" in the following is not intended to create a partnership under partnership law.
1. By submitting a fully completed application, you are signing up for the affiliate program. Activation will take place immediately. You will receive an email confirming the receipt of your application. Mr-Hanf.de will then review your application and notify you of any rejection as soon as possible. If you do not receive a rejection within 7 working days, your application will be deemed accepted. By submitting your application, you confirm that you will carry out advertising activities for Mr-Hanf.de and agree to the participation conditions specified below.
2. Mr-Hanf.de reserves the right to reject applications if you do not participate in the affiliate program or if we believe that your website is not suitable for the Mr-Hanf.de affiliate network due to its content. In particular, websites with content that glorifies violence, publicly accessible content harmful to minors, and those that violate Austrian law will be rejected in advance.
II. Building and Maintaining the Affiliate Website
1. Once Mr-Hanf.de receives a fully completed application form, the applicant will be provided with a partner identification number (Program ID) and instructions for connecting with Mr-Hanf.de, which allows for accurate tracking of advertising revenue. Upon receiving the partner identification number, the applicant becomes a partner of Mr-Hanf.de within the affiliate program, subject to the review mentioned in Section I by Mr-Hanf.de.
2. For your affiliate website, we will provide you with a selection of graphic links (hereinafter referred to as "Links") through the affiliate information area. These Links will allow you to establish links to Mr-Hanf.de. You can incorporate these Links in any number and in any area of your website. The purpose of the Links is to identify your website within Mr-Hanf.de's affiliate network and establish the connection between your website and ours. The Links can point to various areas of our website. The correct technical integration is the responsibility of the affiliate.
3. Mr-Hanf.de will assign a partner identification number (Program ID) to you and provide it to you. This identification number, along with the password you selected during registration, grants you access to a secure member area. From this member area, you can access your affiliate account status and view your sales statistics.
4. Mr-Hanf.de assumes full responsibility for fulfilling any customer orders placed by a user identified as coming from an affiliate website, as well as any related customer service.
5. The maintenance of the affiliate website is the responsibility of the affiliate. As long as the affiliate uses the Mr-Hanf.de links, they are obligated to regularly update the information and links related to Mr-Hanf.de products.
III. Calculation of Your Advertising Revenue
1. You will receive compensation for successfully presenting Mr-Hanf.de advertisements on your website that lead to customer revenue at Mr-Hanf.de. This compensation consists of 15% of our revenue from product sales to customers who arrived on our website through your links.
Only our revenue from sales of Mr-Hanf.de products will be taken into account for the calculation of compensation when the customer directly accessed our website through a link on your website, and the sale, delivery, and full payment of the goods have been completed. Advertising revenue is calculated based solely on the product prices listed on the Mr-Hanf.de website. Additional costs charged to the customer (such as taxes, cash-on-delivery fees, shipping or freight costs, etc.) are not included in the calculation of revenue. Similarly, vouchers issued by Mr-Hanf.de are not included in the calculation of revenue.
2. If a refund of the purchase price is issued to the customer, the corresponding amount will be deducted from the partner's compensation. If a customer receives a refund of the purchase price after advertising revenue has already been paid out to the partner, Mr-Hanf.de is entitled to deduct these earnings from the partner in the next calculation period.
3. Please note that sales to customers who did not directly access our website through a link on your website will not be included, especially if they have already accessed or made a purchase through our website via your website at an earlier time.
IV. Payment of Advertising Revenue
1. Payment of your advertising revenue will be calculated quarterly for the previous months and will be due in the following month after the calculation. The preferred method of payment is bank transfer to the partner's bank account. The relevant fields in the registration form must be filled out for this purpose.
2. Mr-Hanf.de reserves the right to include advertising revenue that does not exceed EUR 50 in the next calculation period. In the event of termination of the partner agreement, advertising revenue will be paid out regardless of this EUR 50 limit.
3. If Mr-Hanf.de is legally obligated to withhold taxes from your compensation, they will be deducted accordingly. If you are liable for VAT, please provide your VAT number. If you do not provide a VAT identification number, you explicitly declare that you are not liable for VAT. In this case, the advertising revenue will be transferred to you without VAT. If you become liable for VAT during the contractual relationship, please inform us immediately. Mr-Hanf.de reserves the right to reclaim any additional tax payments resulting from incorrect information regarding your VAT liability. You may be required to provide proof of your VAT liability through a commercial register extract or business registration.
4. Mr-Hanf.de reserves the right to refuse payment in the event of suspected fraudulent transactions in the current or previous calculation periods.
5. There is no entitlement to reimbursement of expenses and costs associated with your advertising activities.
V. Obligations of the Partner
1. You are fully responsible for the setup, operation, and maintenance of your website, as well as all materials that appear on your website. This responsibility particularly applies to the technical operation of your site and the necessary technical systems.
2. You are obligated to ensure the accuracy and correctness of the materials displayed on your website, particularly the presentation of all product-related materials from Mr-Hanf.de. You must ensure that the material on your site does not infringe upon the rights of third parties or be used in any way for illegal, fraudulent, or defamatory purposes or activities.
3. You agree that the logo, graphics, or text from Mr-Hanf.de shall not be modified in any way, and the graphics available in the partner program area shall only be used for the intended purpose, i.e., to establish and display a link to Mr-Hanf.de. The partner ID and password must not be disclosed to third parties. Furthermore, you agree not to publish any information regarding sales or advertising revenue generated through the partner program without the permission of Mr-Hanf.de.
4. You undertake not to set up your website in a manner that may cause confusion with the Mr-Hanf.de website or create the impression that your website is affiliated with or part of our website.
5. You agree not to use any materials from Mr-Hanf.de on your website unless you have obtained our explicit consent or can find permission directly on our website. Your domain name and meta-text of your website must not contain the words "Mr. Hanf." Furthermore, you agree not to register under this keyword with any internet search service. You undertake not to distribute any other advertising materials directly or indirectly related to Mr-Hanf.de without submitting this material to us and obtaining written consent. Mr-Hanf.de will not unreasonably refuse such consent.
6. You are not authorized to make or accept offers on behalf of Mr-Hanf.de or represent Mr-Hanf.de. You will not make any statements to third parties that may create the impression of authority to represent Mr-Hanf.de.
7. You are obligated to indemnify Mr-Hanf.de from any claims by third parties and costs related to the defense against claims by third parties arising from the establishment, operation, maintenance, or content of your website for which you are responsible.
1. You receive a non-exclusive, non-transferable, and revocable right to access our website through agreed-upon links and, solely in connection with such links, the right to use the Mr-Hanf.de logo and other materials provided on our website for the purpose of advertising our website. This right is exclusively for the purpose of creating links between your website and the Mr-Hanf.de website to enable your users to purchase Mr-Hanf.de products. You may not modify, supplement, or alter the licensed materials in any way.
2. It is expressly stated that this agreement does not affect any intellectual property rights held by Mr-Hanf.de at the time of this agreement. Furthermore, any additional intellectual property rights arising from improvements, modifications, or changes to Mr-Hanf.de in the future shall also not be affected. The partner acknowledges the rights and ownership of Mr-Hanf.de at the time of this contract and beyond. The partner also expressly agrees not to engage in any activity or omission that threatens or jeopardizes the intellectual property rights of Mr-Hanf.de in any way.
It is also expressly stated that this agreement does not restrict future uses or licenses of Mr-Hanf.de and the underlying technology of Mr-Hanf.de with third parties. The provision of graphics by Naturprodukte Scherzer to the partner is solely a limited license related to the connection to the Mr-Hanf.de website.
VII. Term of Agreement and Termination
1. The term of this agreement begins with the acceptance of the partner's application by Mr-Hanf.de and ends with the termination by either party. Both parties may terminate the agreement at any time with a notice period of seven days without the need for specific reasons. Termination must be made in writing, and the effective date of termination is determined by the time of receipt by the recipient of the termination notice. After the termination becomes effective, the partner is only entitled to receive advertising revenue related to sales during the term of the agreement.
2. Mr-Hanf.de has the right to terminate this agreement with immediate effect in case of contractual violations by the partner, especially violations of the partner's obligations under Section V, paragraphs 5 and 6, as well as in the following cases:
* The partner's website includes illegal, fraudulent, or defamatory content or is used for such purposes and activities
* Mr-Hanf.de believes that the continuation of this agreement is not in its interest
* The partner violates any provisions of this agreement that cannot be rectified, or
* The partner fails to rectify a breach of contract that can be rectified within seven days after being notified by Mr-Hanf.de and being requested to rectify it.
3. Mr-Hanf.de reserves the right to withhold the compensation accruing after the last relevant accounting period before termination for a period of three months to ensure the payment of the correct amount.
4. Claims for compensation and severance are excluded.
5. Upon termination of this agreement, all usage rights granted to the partner for the advertisements, communications, and other representations provided by Mr-Hanf.de shall expire. The partner must take all necessary technical measures to ensure that no links between their website and the Mr-Hanf.de website exist after the termination of this agreement.
VIII. Warranty and Liability
1. Mr-Hanf.de endeavors to operate its website to the best of its technical capabilities and to ensure the uninterrupted operation of the Mr-Hanf.de website. However, Mr-Hanf.de makes no representations regarding the partner network, the Mr-Hanf.de products, or the error-free or continuous availability of the Mr-Hanf.de website.
2. Mr-Hanf.de assumes no liability towards the partner or any other individuals for costs, losses, or liabilities (including lost profits or other damages or consequential damages) arising from the partner's failure or delayed performance of their contractual obligations. Liability is also excluded if the partner fails to comply with the content, context, or confidentiality of the communication regarding the Mr-Hanf.de website. This limitation of liability applies only to the extent permitted and possible by law. Legal liability provisions that cannot be contractually excluded are not affected by this. In such cases, Mr-Hanf.de shall only be liable for damages caused by grossly negligent or intentional misconduct by Mr-Hanf.de or its agents.
1. The partner expressly agrees to refrain from disclosing the partner identification number and password provided to them by Mr-Hanf.de to any third parties. Furthermore, the partner is prohibited from disclosing any information related to sales revenues generated through participation in the affiliate program unless Mr-Hanf.de provides written permission for such publication by the partner. The obligations contained in this provision shall continue in full force and effect even after the termination of the agreement.
2. In addition, the partner agrees to treat all other information, including the provisions of this agreement, business and financial information, customer names and addresses, as well as seller lists and pricing and sales information, as strictly confidential. The partner shall not use these information and data, directly or indirectly, for their own economic purposes or for any other purposes without written consent from Mr-Hanf.de. Unless otherwise agreed in writing by Mr-Hanf.de, the partner shall keep this information confidential and shall not disclose it to any third parties.
X. Contract Modifications
Mr-Hanf.de reserves the right to modify this agreement at any time. You will be notified of such modifications via email. They will also be made available in the partner information area. Modifications or changes may particularly relate to compensation or payment procedures. If any modification made by Mr-Hanf.de is not acceptable to you, you have the right to terminate the agreement. Your continued participation in the partner network after the announcement and effective date of the modification will be considered as acceptance of the modified terms.
XI. Contract Completeness/Additional Agreements
This contract represents the complete agreement between the contracting parties regarding the subject matter of the contract. Any prior communications and agreements relating to the subject matter of the contract are replaced by this contract.
This agreement is not transferable without the written consent of Mr-Hanf.de.
XII. Applicable Law/Jurisdiction
This agreement is exclusively governed by Austrian law. The exclusive place of jurisdiction shall be the court competent for Innsbruck. Mr-Hanf.de reserves the right to initiate legal proceedings at the partner's place of jurisdiction as well.
XIII. Severability Clause
If any provision of this agreement is held to be invalid or unenforceable, the remaining provisions of the agreement shall remain in full force and effect. The invalid or unenforceable provision shall be replaced by a valid and enforceable provision that reflects the intent of the original provision as closely as possible.
Sollten einzelne Bestimmungen dieses Vertrages ganz oder teilweise nicht rechtswirksam oder nicht durchführbar sein oder werden, so wird hierdurch die Gültigkeit der übrigen Bestimmungen der Vereinbarung nicht berührt. Das Gleiche gilt für den Fall, dass die Vereinbarung eine Regelungslücke enthält. Anstelle der unwirksamen oder undurchführbaren Bestimmungen oder zur Ausfüllung der Lücke soll eine rechtswirksame Bestimmung gelten, die dem Inhalt und Zweck der nicht rechtswirksamen Bestimmung am nächsten kommt.
XIV. Contractual Obligation
By submitting your application, you declare that you have read and understood the terms of the contract and commit to be contractually bound by these conditions.