1. Preamble

1.1
The partner programme on the website www.mediaresort.de is an offer of the company Mediaresort ( Owner Simon Rings ). The following contract conditions are exclusively applicable for all partner contracts. They are also valid for all future business relationships, even if they were not even explicitly agreed upon. They are recognized by the registration as a partner programme.

1.2
Deviating business conditions of the participants are unbinding insofar they were not explicitly accepted in writing by Mediaresort.

2. Contract conclusion

2.1
A contract is concluded after registration of the participant through the acceptance of Mediaresort. The employees of Mediaresort are not authorized to make oral agreements or oral assurances that go beyond the content of the contract.

2.2
Minors are excluded from participation in the partner programme.

3. Registration

Every participant must register at Mediaresort. The participant shall state his name, in case of associations also that of the authorized representative, as well as the postal address (not: post office box), telephone, fax, and mail address. The participant shall inform Mediaresort immediately in case of changes. Incorrect statements authorize Mediaresort to cancel the contract immediately.

4. Partner

4.1
Participants of the partner programme are partners. The partners advertise the offers of Mediaresort by placing hyperlinks. For this service they receive remuneration according to the following regulations.

4.2
The participation in the partner programme is free of charge for the partners. The partners may choose freely from the offered advertisement means, and may remove or replace the used links anytime.

5. Variants

5.1
Mediaresort shall pay the partner an amount to be determined by him to the partner according to the following clauses for every rating.

• Pay per Sale:

Customers that conclude an effective purchase contract in the online shop of Mediaresort within 30 days after mediation are rated. The rating is a percentage of the contract value. If the concluded contract is ineffective or if it is cancelled resp. revoked in any other way, the provision is rescinded.

5.2
Mediaresort determines the amount of the value of a rating in advance. Mediaresort may change the amount anytime with a term of three workdays, the minimum is 1%. The partners are immediately informed of change by Mediaresort.

6. Recording and rating

6.1
Mediaresort protocols all clicks and collects them statistically. The protocols can be viewed in the protected partner area.

6.2
The sponsors are obliged to integrate the HTML code provided by Mediaresort on their website, which is required for the collection and recording of the users coming from the websites of the partners (Code obligation). Mediaresort will inform the partners about necessary technical adaptations per mail. The partners are obliged to realize possible adaptations immediately. The non-installation, removal, or manipulation of the collection code authorizes Mediaresort to cancel the contract immediately.

6.3
The partner is alone responsible for the correct transmission of the referrer.

6.4
The HTML codes for links, banners etc. specified by Mediaresort may not be changed by the partners. In case of change, Mediaresort is authorized to cancel the contract without prior notice.

7. Contractual penalty

In case of intentional attempt of a partner to influence the statistics and thus the amounts to be paid to him by the sponsor by massive manipulation attempts (see example in section 6), a contractual penalty amounting to 2.500,00 EUR plus VAT is due. The same is applicable if a user who was already banned due to behaviour in violation of contract participates or tries to participate in the programme again under a false name.

8. Payment

8.1
After expiration of the cancellation period of 1 month the provision accumulated to the end of the previous month is automatically paid via bank transfer or Paypal to the 15th of the month.

8.2
If the partner is liable to taxation, payment is made plus the legally valid German VAT. The partner is obliged to inform Mediaresort about a change of the taxation obligation immediately with proof of the responsible revenue office. Should no proof be given at the time of calculation, sales tax is generally retained and transferred, offsetting in arrears is not possible due to organisational and technical reasons.

8.3
Insofar the months credit does not exceed 25,00 EUR, payment is conducted with the payment of the following month. Interest is not calculated. In case of premature cancellation of the partner, the credit expires to the benefit of Mediaresort if the payment to be made does not exceed 25,00 EUR, otherwise the payment is conducted with the following calculation.

9. Notice of defects and guarantee

The participants shall inspect the performance and the calculation immediately. Apparent defects shall be declared to Mediaresort immediately in writing. Defects that cannot be discovered immediately even with careful inspection are to be declared to Mediaresort in writing immediately after discovery.

10. Cancellation

10.1
The contract can be cancelled anytime with prior notice of three working days.

10.2
The right for cancellation without prior notice due to an important reason remains untouched. The attempt to influence the contractual ratings authorizes Mediaresort to cancellation without prior notice. This is especially valid for mass own clicks, the usage of misleading links or illegal content, spam, manipulation, or non installation of the collection codes or false statements. Further damage compensation claims as well as especially the enforcement of a contractual penalty acc. to No. 7 of this contract as well as the seeking of an indictment remain reserved in any case.

11. Technical defects

11.1
Mediaresort guarantees a reachability of the service of 95 % of the monthly means. Within this time the billing over Mediaresort is guaranteed.

11.2
Mediaresort is not responsible for intentional attacks of third parties (hackers, computer viruses, DoS-attacks and similar) to its servers and on the Internet.

12. Inadmissible content

12.1
The sending of unrequested email advertisement (spam), the usage or misleading links and the statement of false email addresses, names, or data is inadmissible.

12.2
Mediaresort does not supervise the content of the partner sites and is not responsible for them. The participants are to hold Mediaresort free of all damages that occur to Mediaresort through a violation of this obligation.

12.3
Mediaresort is authorized to cancel the contract without prior notice upon violation of this contractual obligation.

13. General liability limitation

Damage compensation claims against Mediaresort are excluded insofar no intentional or grossly negligent behaviour or the violation of an essential contractual obligation is given. The same is valid if the replacement of indirect or consequential damages is demanded. Every liability is limited to the damages foreseeable and typical for such cases.

14. Text form

Declarations towards Mediaresort and changes of the contract require text form (e-Mail, Fax). This is also applicable for the rescission of the text form requirement.

15. Data protection

The data of the participants are saved by Mediaresort for contract processing and for the communication within the partner programme. They are only used in the framework of the contract fulfilment and not forwarded to third parties or used for advertisement purposes.

16. Place of fulfilment, place of jurisdiction, freedom of choice

Place of fulfilment and jurisdiction for all disputes arising from the contractual relationship is Altena, insofar the contract partner is a businessman or a corporate body under public law. The contractual relationship is subject to the law of the federal Republic of German under exclusion of the UN-convention on contracts on the international sale of goods.

17. Separability Clause

Should a clause of these conditions be ineffective, the effectiveness of the remaining conditions remains untouched.