Terms and Conditions of the Affiliate Programme

Terms and conditions for the Schau aufs Land affiliate programme

§ 1 Scope

These Terms and Conditions apply between the registered advertising partner and Schau auf's Land GSR OG (hereinafter also referred to as "Schau auf's Land"). Where both contracting parties are referred to, they are also referred to as the ‘Parties’.
Only natural persons with full legal capacity and legal entities may register as advertising partners with Schau aufs Land.
The affiliate programme covers only those purchases made directly via the web platform https://app.schauaufsland.at must be referred. Direct purchases made via in-app purchases using Google Pay or Apple Pay are excluded from the affiliate programme.
Any income generated through our affiliate programme is subject to tax, and you, as an affiliate, are responsible for this.

§ 2 Subject matter of the contract

The purpose of this agreement is to participate in the Schau aufs Land affiliate programme in order to promote the Schau aufs Land platform and the membership available on it.
Participation in this affiliate programme is free of charge.
Once registered via our affiliate platform, Rewardful, the affiliate gains access to their own dashboard, where they are provided with a personalised and customisable affiliate link.
Schau aufs Land provides its advertising partners with a selection of media materials and promotional resources, at its own discretion, for the purpose of promoting Schau aufs Land.
For the referral and successful placement of newly taken-out and fully paid-up memberships, where the right of withdrawal is not exercised, the referral partner will receive a referral commission. Depending on the commission model selected, the commission amounts to 25 % (25/0) or 15 % (15/10) of the membership fee for the first year of membership.
Under the 15/10 commission model, the affiliate also receives a personalised discount code (10 %), which can be used when promoting Schau aufs Land. This discount code can only be redeemed via the web version https://app.schauaufsland.at be redeemed.

§ 3 How the affiliate programme works

Once registered for the 25/0 or 15/10 programme via our affiliate platform Rewardful, the affiliate will gain access to their own dashboard, where they will be provided with a personalised and customisable affiliate link.
The affiliate link tracks all clicks, leads and purchases generated via the link. The affiliate partner receives the agreed commission based on the net sales price (excluding VAT).
The cookie window lasts for 60 days. If a purchase is made within this period, starting from the first click on the affiliate link, the relevant commission will be credited to the affiliate’s Rewardful account.
Affiliate earnings are paid out annually on 31 December, provided the minimum payout amount of €50 has been reached.
Orders placed by the affiliate themselves or by their relatives are not eligible for commission.

§ 4 Media material & promotional materials

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

§ 5 Registration & Conclusion of Contract

To join the Schau aufs Land affiliate programme, affiliates should apply via the registration form on schauaufsland.com.
The information provided during registration must be true and accurate.
The advertising partner undertakes to keep their personal data held by Rewardful, in particular their email address, up to date at all times and – should this information change – to make the necessary updates immediately.
If incorrect information is provided during registration or if a required change is not made, the affiliate may be excluded from further participation in the Schau aufs Land affiliate programme.
There is no entitlement to participate in the Schau aufs Land affiliate programme. Schau aufs Land GSR OG may, at any time and without giving reasons or observing a notice period, reject new applications or exclude existing affiliates from the programme. Any outstanding commission balances owed to the affiliate shall remain valid in this case and must be paid.

§ 6 Agency commission

The advertising partner receives a performance-based commission from Schau aufs Land.
The entitlement to payment of the agency commission arises only if the following conditions are met:
1. A membership with Schau aufs Land was taken out as a result of the advertising activities of the advertising partner.
2. The purchase was made via the web platform https://app.schauaufsland.at was carried out and the right of withdrawal was not exercised.
3. The purchase of the membership was recorded via Rewardful using the individual affiliate link.
4. There is no misuse within the meaning of clause 9 of these terms and conditions.
A sale is defined as a transaction made via the web platform https://app.schauaufsland.at an order completed in full by the end customer and paid for in full by the end customer. Refunds – for whatever reason – are not considered a sale if the end customer has not paid or if payments made by them are refunded.
Orders placed by the affiliate themselves or by their family members are not eligible for commission.
Orders resulting from leads generated via an affiliate link are also not eligible for commission if the affiliate has already been asked to remove the affiliate link. This applies from the date of the request.
The amount of remuneration depends on the commission model chosen.
All commissions quoted are net amounts and are paid plus VAT.
Only the first membership taken out by the end customer is eligible for commission.
The entitlement to a commission payment expires 365 days after Schau aufs Land has notified you of your entitlement to the payment by email.

§ 7 Invoicing

Provided that the minimum payout amount of €50 has been reached, Schau auf's Land GSR OG will issue the statement 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 within 30 days of the advertising partner confirming its accuracy.
Schau aufs Land will send the advertising partner a statement of account by email within 14 days of 15 January of the following year. The advertising partner must check this statement immediately and must raise any objections in writing to Schau aufs Land within four weeks. Once this period has expired, the statement shall be deemed accurate.
Payment will be made via PayPal or bank transfer, with discharging effect, to the PayPal address registered with Rewardful or to the bank details provided to Schau aufs Land. Any fees (e.g. for international bank transfers or currency conversions) shall be borne by the advertising partner.
If Schau aufs Land terminates the affiliate programme, the balance in the Rewardful account will be settled on 31 December of the relevant year, regardless of whether the minimum payout threshold has been reached. In this case, the minimum payout threshold does not apply.

§ 8 Obligations of Schau aufs Land

Schau aufs Land provides its advertising partners with a selection of media materials and advertising resources at its discretion.
Schau aufs Land uses the Rewardful platform to track bookings made via the affiliate link in an appropriate manner and assigns these to the affiliate’s Rewardful account.
Schau aufs Land runs the web platform https://app.schauaufsland.at as well as the services offered on it, such as the provision of product data, within the limits of the technical capabilities available and at its own discretion. In this context, Schau aufs Land does not guarantee that the web platform will be available without errors and/or interruptions, nor is it responsible for any interruptions or failures in the payment connection via Stripe. The quality and accuracy of the products and promotional materials offered on the web platform and the schauaufsland.com website are at the sole discretion of Schau aufs Land.
Schau aufs Land undertakes to pay the agency commission in accordance with clause 6 of these terms and conditions, subject to the conditions set out therein.

§ 9 Rights and obligations of the advertising partner

The advertising partner may only incorporate the advertising materials on their own website or social media accounts. The media material provided and the advertising materials may only be used for the purposes set out in this contract.
The advertising partner is solely responsible for the content and day-to-day operation of their website and social media accounts. It is prohibited, during the term of this contract, to publish content that contravenes applicable law, public decency or the rights of third parties and/or is likely to damage the reputation of Schau aufs Land. Schau aufs Land is entitled, but not obliged, to review the advertising partner’s websites and social media accounts. In particular, the dissemination of content that
1. Racism,
2. The glorification of violence and extremism of any kind,
3. Calls for or incitement to commit criminal offences and/or breaches of the law, threats against life, limb or property,
4. Slandering individuals or companies,
5. defamatory remarks, slander, libel and defamation by users and third parties, as well as breaches of the law on fair trading,
6. content that infringes copyright or other intellectual property rights, or
7. constitute, relate to or contain sexual harassment of users or third parties.Such content must not be integrated into the advertising partner’s website or social media accounts, nor may links to such content on other websites be provided from this website or social media accounts.
Any form of abuse, i.e. the generation of leads and/or sales through unfair methods or unauthorised means that contravene applicable law and/or these Terms and Conditions, is prohibited. In particular, it is prohibited to attempt, either personally or through third parties, to generate leads and/or sales or to ensure that sales are attributed to the Partner by means of one or more of the following practices:
1. 1. Falsely claiming to have generated leads or sales that did not actually take place, e.g. by unlawfully using someone else’s details or providing false or non-existent information when ordering goods on our website,
  2. The use of advertising formats which, whilst enabling tracking, do not display the advert, or display it in a way that is not visible, or do not display it in the specified form and/or size,
  3. Cookie dropping: Cookies must not be set simply by visiting the website, but only if the user of the partner website has first clicked on the advert in a voluntary and informed manner,
  4. Other forms of affiliate fraud (in particular cookie spamming, forced clicks and affiliate hopping), as well as the use of layers, add-ons, iFrames and post-view technology to artificially inflate lead numbers,
  5. The use of terms protected by law, in particular under trade mark law, belonging to Schau aufs Land or third parties, for example in search engines, in advertising or when promoting the partner website, without the express prior written consent of Schau aufs Land. In particular, it is prohibited to make websites available 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 must not copy the website, landing pages or other online presence of Schau aufs Land, nor may they reproduce graphics, texts or other content from Schau aufs Land. Any impression that the partner website is a project of Schau aufs Land or that its operator is economically linked to Schau aufs Land in a manner that goes beyond the advertising partner programme and this contract must be avoided. Any use by the advertising partner of materials or content from the Schau aufs Land website, as well as of Schau aufs Land logos or trademarks, requires the prior written approval of Schau aufs Land.
The advertising partner undertakes to operate their website and/or social media accounts in accordance with applicable law in all respects and, in particular, to provide a proper legal notice.
The advertising partner is also prohibited from passing on, in whole or in part, any commission received from Schau aufs Land to the end customers.
Email marketing which contains promotional material or otherwise advertises Schau aufs Land, may only take place if this has been approved in advance by Schau aufs Land and explicit consent to receive advertising by email has been obtained from all recipients, and verification of the email address has been carried out and documented using a doubleopt-in procedure.
Should Schau aufs Land request the removal of all advertising materials, this request must be complied with immediately.
The advertising partner undertakes to refrain from carrying out electronic attacks of any kind on our tracking system and/or our websites. Electronic attacks include, in particular, attempts to overcome, circumvent or otherwise disable the tracking system’s security mechanisms, the use of
computer programmes designed to automatically extract data, the use and/or distribution of viruses, worms, Trojan horses, brute-force attacks,
Spam or the use of any other links, programmes or methods that could harm the tracking system, the affiliate programme or individual participants in the affiliate programme.

§ 10 Right to indemnity/Contractual penalty

In the event of a claim arising from an alleged or actual infringement of the law and/or infringement of third-party rights resulting from actions taken by the advertising partner:in connection with the Advertising Partner Programme, Schau aufs Land shall be held harmless from all claims by third parties. The advertising partner undertakes to reimburse Schau aufs Land for all costs incurred as a result of such a claim by third parties. Reimbursable costs also include the costs of reasonable legal defence.
The advertising partner undertakes to pay a contractual penalty, to be determined at Schau aufs Land’s reasonable discretion and, in the event of a dispute, subject to review by a court, for each instance of misuse as defined in Section 9 of these Terms and Conditions. Further claims for damages remain unaffected by this provision.

§ 11 Data Protection

Schau aufs Land stores the advertising partners’ data for the purposes of contract fulfilment and communication within the advertising partner programme. Schau aufs Land undertakes to observe and comply with the applicable data protection provisions of the GDPR and to use this data solely for the purpose of fulfilling the contract – without passing it on to third parties for advertising purposes.

§ 12 Term of the contract & termination of the contract

The contract is for an indefinite period and may be terminated by either party at any time without notice and without giving any reason.
In addition, the parties’ right to terminate the contractual relationship by way of extraordinary termination for good cause remains unaffected.
Notice of termination may be given by email and shall take effect from the date on which Schau aufs Land sends the email to the email address provided by the advertising partner in their Rewardful account.
Schau aufs Land may also give notice of termination by restricting access to the customer account. The advertising partner may also give notice of termination by deleting the customer account. The contract shall terminate upon receipt of the notice of termination.
Upon termination of the contract, the advertising partner is obliged to remove all advertising materials and other links and content relating to Schau aufs land from their website and/or social media accounts without delay. This also applies to websites or other advertising media in which the advertising material or links have been incorporated without authorisation.
Leads and/or sales generated after the contract has ended do not give rise to any obligation to pay remuneration.
In the cases specified in Section 12.2, we may suspend the customer account instead of terminating the contract. We also retain this right if there is merely reasonable suspicion of misuse in accordance with Section 9.2. Schau aufs Land will inform the advertising partner of the reason for the suspension and, at its own discretion, lift the suspension once the reasons leading to it have been clarified and, where applicable, resolved. Leads and sales generated during the period of suspension are not subject to any payment obligation.

§ 13 Final provisions

Should the contract contain any invalid provisions, this shall not affect the validity of the remainder of the contract.
Schau aufs Land reserves the right to amend these terms and conditions at any time. Any changes will be communicated to the advertising partner by email. Should the advertising partner not agree with the changes, they are entitled to notify Schau aufs Land of this within four weeks of receiving the notification of changes. In this case, Schau aufs Land has a special right of termination. If such notification is not provided within the specified period, the changes shall be deemed accepted and shall come into effect upon expiry of the period.
This contract is governed exclusively by Austrian law.
If the advertising partner is a merchant, a legal entity governed by 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.