Terms of use – AMIA DE LIS

Terms of use of the partner program

Consent

By registering as an affiliate in the AMIA DE LIS Affiliate Program (“Program”), you agree to be bound by the following terms and conditions (“Terms of Use”).

AMIA DE LIS reserves the right to update and change the Terms of Use from time to time without notice. Any new features that augment or enhance the current Program, including the release of new tools and resources, will be subject to the Terms of Use. Your continued use of the Program after any such changes constitutes your acceptance of those changes.

Violation of any of the terms below will result in termination of your account and forfeiture of all outstanding affiliate commission payments earned during the violation. You agree to use the Affiliate Program at your own risk.

Conditions of participation

You must be at least 18 years old to participate in this program.
You must live in Germany to become a partner.
You must be a human. Accounts registered by “bots” or other automated methods are not permitted.
You must provide your legally valid full name, a valid e-mail address and all other requested information to complete the registration process.
Your login may only be used by one person – a single login shared by several people is not permitted.
You are responsible for maintaining the security of your account and password. AMIA DE LIS cannot and will not be liable for any loss or damage arising from your failure to comply with this security obligation.
You are responsible for all content and activity posted under your account.
A natural person or legal entity may not hold more than one account.
You may not use the Affiliate Program for any illegal or unauthorized purpose. You may not violate any laws in your jurisdiction (including, but not limited to, copyright laws) when using the Service.
You may not use the Affiliate Program to make money from your own AMIA DE LIS product accounts.

Links/graphics on your website, in your e-mails or other communications

Once you have signed up for the affiliate program, you will be assigned a unique affiliate code. You may place links, banners or other graphics that we provide with your affiliate code on your website, in your emails or in other communications. We will provide you with guidelines, link styles and graphics to use when linking to AMIA DE LIS. We may change the design of the artwork at any time without notice, but we will not change the dimensions of the images without notice.

To enable accurate tracking, reporting and crediting of referral fees, we provide you with special link formats that can be used in all links between your website and AMIA DE LIS. You must ensure that each of the links between your website and AMIA DE LIS properly utilizes such special link formats. Links to AMIA DE LIS placed on your website pursuant to this Agreement that properly use such special link formats will be referred to as “Special Links” Special Links; We will not be liable to you for any failure by you or anyone you refer to use Special Links or to enter your Affiliate Code incorrectly, including to the extent that such failure may result in a reduction of any amounts that would otherwise be paid to you under this Agreement.

Affiliate links should refer to the page of the advertised product.

Referral fees/commissions and payment

For a product sale to be eligible to earn a referral fee, the customer must click on a specific link from your website, email or other communication to https://amiadelis.de and complete an order for a product during that session.

We only pay commissions for links that are automatically tracked and reported by our systems. We do not pay commissions if someone says they bought or someone says they entered a referral code that was not tracked by our system. We can only pay commissions for business generated by properly formatted special links that have been automatically tracked by our systems.

We reserve the right to disqualify commissions earned through fraudulent, illegal or overly aggressive, questionable sales or marketing methods.

Payments only start when you have earned more than €20 in affiliate income. If your affiliate account never exceeds the €20 threshold, your commissions will not be realized or paid out. We are only responsible for paying accounts that have exceeded the €20 threshold.

Identify yourself as a partner of AMIA DE LIS

You may not issue a press release regarding this Agreement or your participation in the Program; such action may result in your termination from the Program. In addition, you may not in any way misrepresent or embellish the relationship between us and you, say that you are developing our products, say that you are part of AMIA DE LIS, or express or imply any relationship or affiliation between us and you or any other person or entity, except as expressly permitted by this Agreement (including expressly or impliedly implying that we support, sponsor, endorse or donate money to any charity or other cause).

You may not purchase products through your affiliate links for your own use. Such purchases may (at our sole discretion) result in the withholding of referral fees and/or termination of this Agreement.

Payment plan

As long as your current affiliate earnings are above 20€, you will be paid every month. If you have not earned €20 since your last payment, we will pay you the following month after you have exceeded the threshold.

Customer definition

Customers who purchase products through this program are considered our customers. Accordingly, all of our rules, policies and operating procedures regarding customer orders, customer service and product sales apply to those customers. We may change our policies and operating procedures at any time. For example, we will set prices for products sold under this Program in accordance with our own pricing policies. Product prices and availability may vary from time to time. Because price changes may affect products that you have listed on your website, you should not display product prices on your website. We will use commercially reasonable efforts to present accurate information, but we cannot guarantee the availability or price of any particular product.

Your duties

You are solely responsible for the development, operation and maintenance of your website and for all materials that appear on your website. For example, you are solely responsible for:

The technical operation of your site and all associated devices
Ensure that the display of specific links on your website does not violate any agreement between you and any third party (including, but not limited to, any restrictions or requirements imposed on you by a third party hosting your website)
The accuracy, truth and appropriateness of the materials posted on your website (including, without limitation, any product-related materials and any information you include in or link to specific links)
Ensure that materials published on your website do not infringe or violate the rights of third parties (including, for example, copyrights, trademarks, privacy or other personal or proprietary rights)
Ensure that materials published on your website are not defamatory or otherwise illegal
Ensure that your website accurately and appropriately discloses, either through a privacy policy or otherwise, how you collect, use, store and disclose information collected from visitors, including, if applicable, that third parties (including advertisers) provide content and/or advertising and collect information directly from visitors and may place or recognize cookies on visitors’ browsers.

Compliance with laws

As a condition of your participation in the Program, you agree that as a Program Participant you will comply with all laws, ordinances, rules, regulations, orders, licenses, permits, judgments, rulings or other requirements of any governmental authority having jurisdiction over you, whether such laws, etc., are now in effect or later come into effect during the time you are a Program Participant. Without limiting the foregoing obligation, you agree that as a condition of your participation in the Program, you will comply with all applicable laws (federal, state or otherwise) that regulate marketing emails, including but not limited to the CAN-SPAM Act of 2003 and all other anti-spam laws.

Duration of the agreement and the program

The term of this Agreement begins upon our acceptance of your Program Application and ends when terminated by either party. Either you or we may terminate this Agreement at any time, with or without cause, by giving written notice of termination to the other party. Upon termination of this Agreement for any reason, you will immediately cease using and remove all links to https://amiadelis.de and all of our trademarks, trade dress and logos and all other materials from your website provided by or on our behalf to you under this Agreement or in connection with the Program. AMIA DE LIS reserves the right to terminate the Program at any time. Upon termination of the Program, AMIA DE LIS will pay any outstanding earnings over €20.

Termination

AMIA DE LIS, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Program or any other AMIA DE LIS service for any reason at any time. Such termination of service will result in the deactivation or deletion of your account or access to your account and the forfeiture and relinquishment of all potential or pending commissions in your account if earned through fraudulent, illegal or overly aggressive, questionable sales or marketing methods. AMIA DE LIS reserves the right to refuse service at any time and for any reason.

Relationship of the parties

You and we are independent contractors – nothing in this Agreement creates a partnership, joint venture, agency, franchise, sales representative or employment relationship between the parties. You are not authorized to make or accept any offers or representations on our behalf. You will not make any statement, whether on your website or otherwise, that would reasonably contradict anything in this section.

Limitations of liability

We will not be liable for any indirect, special or consequential damages (or loss of revenue, profits or data) arising in connection with this Agreement or the Program, even if we have been advised of the possibility of such damages. In addition, our total liability arising with respect to this Agreement and the Program shall not exceed the total Referral Fees paid or payable to you under this Agreement.

Exclusions of liability

We make no warranties or representations, express or implied, with respect to the Program or any products sold through the Program (including, but not limited to, warranties of fitness, merchantability, non-infringement, or implied warranties arising from a course of performance, dealing or usage of trade). In addition, we make no representation that the operation of AMIA DE LIS will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors.

Arbitration proceedings

Any dispute relating to this Agreement (including any actual or alleged breach thereof), transactions or activities under this Agreement or your relationship with us or any of our affiliates shall be submitted to confidential arbitration, except that to the extent you have infringed or threatened to infringe our intellectual property rights in any way, we may seek injunctive or other equitable relief in any state or federal court (and you consent to the non-exclusive jurisdiction and venue of such courts) or any other court of competent jurisdiction. Arbitration under this Agreement shall be conducted in accordance with the rules of the American Arbitration Association in effect from time to time. The arbitration award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the extent permitted by applicable law, no arbitration under this Agreement shall be joined with any arbitration involving any other party subject to this Agreement, whether through class arbitration or otherwise.

Other

This Agreement shall be governed by the laws of Germany, without reference to its choice of law provisions. You may not assign this Agreement, by operation of law or otherwise, without our prior written consent. Subject to this limitation, this Agreement shall be binding upon, inure to the benefit of, and be enforceable against the parties and their respective successors and assigns. Our failure to enforce your strict performance of any provision of this Agreement shall not constitute a waiver of our right to subsequently enforce that provision or any other provision of this Agreement.

The failure of AMIA DE LIS to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and AMIA DE LIS and govern your use of the Service, superseding any prior agreements between you and AMIA DE LIS (including, but not limited to, any prior versions of the Terms of Service).