Conditions of participation in the affiliate program
To participate in the affiliate/partner program, you must be at least 18 years old and have full legal capacity. Below you will find the agreement that defines the conditions for participation in the affiliate/partner program of namensbaender.de GmbH (hereinafter referred to as "Namensbaender.de") for setting up links from partner websites to the homepage of Namensbaender.de
I. Registration for the affiliate/partner program
1. registration takes place via an application that you submit to Namensbaender.de. We will check this application and inform you whether you are eligible to participate.
2. if we are of the opinion that your website does not support the intentions of the partner program, we reserve the right to reject your application. This applies to both private and commercial websites. By participating, you are not acting as a commercial agent or commission agent within the meaning of the German Commercial Code (HGB) for Namensbaender.de.
3. by submitting an application, you accept the conditions of participation and they are binding. Further terms and conditions of the applicant are not valid. There are no verbal agreements.
II. Setting up and launching your website
1. we will provide you with a selection of graphic and text links for your website, which you may use in accordance with the conditions of participation. You may only use these links on your website. The links may only be integrated on the website whose address (URL) you specified when registering for the affiliate/partner program. These links enable us to recognize your website within the affiliate/partner program and assign it to you. A connection to our website may only be established via these links. The links may refer to different areas of our website.
2. to ensure a smooth process, you must adhere closely to the set-up instructions. Only use links that we make available to you. Participants undertake to check our website at regular intervals to see whether there is any new information and instructions that are necessary to ensure a regulated process. Participants also undertake to delete old links.
3. you are solely responsible for the maintenance of your website.
4. to give you an insight into the current status of your account, we provide you with sales statistics. In these sales statistics, we record the information required to calculate your remuneration. You can access these sales statistics using a password that we will provide you with. The password is confidential and must not be made accessible to other persons.
III. Achieving and transmitting remuneration
1. you will receive the following remuneration for all paid orders that are placed as a result of a referral through your link to our website For each new customer who orders from Namensbaender.de and has paid for their order, you will receive 5% of the order value (including VAT).
2. your remuneration is calculated exclusively from paid orders that have resulted from a redirection via your link to our website. Order cancellations and refunds will be deducted from the remuneration. Orders that are not placed via your link, even if the customer reached our website via your link at an earlier point in time, will not be remunerated under the affiliate/partner program.
3. from a remuneration value of EUR 20.00, the amount can be paid out. To do this, you must request the payment in the affiliate area (customer log-in). We will transfer the amount to the account specified by you. The transfer will be made within 5 working days. If participation is terminated before the EUR 20.00 is reached, payment will be made in advance.
4. sales tax liability - If you are liable for sales tax, please be sure to provide your sales tax ID number. If necessary, we will deduct the tax directly from the payment. If you do not provide a VAT ID number, you guarantee that you are not liable for VAT. We will then send you the full remuneration. Should you become liable for VAT during the course of your participation in the affiliate/partner program, you are obliged to inform us immediately. Should the tax office make claims against us that have arisen due to incorrect information on your part, we have the right to reclaim these from you.
5. participants are not entitled to reimbursement of any expenses and costs in connection with participation in the affiliate/partner program.
6. remuneration shall be paid exclusively by means of a credit to the account specified by you. It is imperative that the credit can be credited to your account using an electronic payment method. You will receive a statement of the credited remuneration at the same time as the transfer. If you do not object to this statement within 4 weeks, you accept the statement.
IV. Rights and obligations
1. participation gives you the right to access our website via agreed links. This right is neither exclusive nor transferable and can be revoked at any time. Solely in connection with such links, you also have the right to use the Namensbaender.de logo and other materials provided on our website for the purpose of promoting our website. This right applies only for the purpose of the affiliate/partner program to provide customers with the opportunity to purchase Namensbaender.de products through the store on the Namensbaender.de website by linking from the participant's website to the Namensbaender.de website. These licensed materials may not be altered or revised in any way. Any violation will result in termination without notice. Namensbaender.de reserves the right to take legal action in this case. In the event of termination of participation (for example, in the event of termination), this right expires.
2. participation gives us the right to use the materials provided by you, such as company names or logos, for marketing and advertising purposes. In the event of termination of participation (e.g. in the event of termination), this right expires.
3. the responsibility for setting up, operating and maintaining your website and the links that you set up within the affiliate/partner program lies entirely with you. You are also fully responsible for the use of the links and associated graphics and for ensuring that no third party rights are infringed by the use of the links and graphics on your website.
4. you guarantee that your website is free of the following content
a. Pornography
b. Depictions of violence
c. Discriminatory depictions
d. Extremist content
e. Content harmful to minors
f. Immoral and unethical content
g. and that your website is not linked to other websites that contain such content
5. you are obliged to indemnify us against any claims of third parties and our costs in connection with the defense against claims of third parties in connection with the establishment, operation or maintenance for which you are responsible and the content of your site. You are also obliged to support Namensbaender.de in the defense against such third-party claims by submitting declarations, in particular affidavits, and by providing other information. You guarantee that you will refrain from all actions that impair the functionality of the software and the system and are liable for all damages that Namensbaender.de suffers as a result of your behavior. Furthermore, you will support Namensbaender.de in the investigation of such actions and in the search for the perpetrators.
6. you ensure that there is no risk of confusion between your website and the Namensbaender.de website or that under no circumstances can the impression be created that your website is part of the Namensbaender.de website. Likewise, your domain name does not contain the word "Namensbaender" and this word is not part of your standard text. You guarantee that you will not make any additional advertising for Namensbaender.de and that you will not use Namensbaender.de in any additional context. This can only be done with the express written permission of Namensbaender.de.
7. direct forwarding from search engines, paid advertisements and similar facilities to our website is not permitted. Redirects may only be made from your website to our website
8. you are prohibited from acting as part of Namensbaender.de or making offers on behalf of Namensbaender.de.
9. you ensure that neither "Namensbaender.de", "Namensbaender", "Namensbaender" nor any related words appear in any headline on your website or in headlines on advertisements referring to your website. Any violation will result in immediate termination. We also expressly reserve the right to take legal action.
10. you may only place the links on Namensbaender.de on the website whose address (URL) you have specified as part of this registration. In the event of a change to the domain of your website, you will inform Namensbaender.de at least one month in advance. The continuation of the links is only permitted after a further check of the website by Namensbaender.de.
11. you operate your website independently and are responsible for the content within the meaning of § 8 TDG (Teleservices Act) and observe the regulations and obligations of the TDDSG (Teleservices Data Protection Act) (in particular you are solely responsible for observing the relevant regulations of the TDDSG regarding the storage of cookies), BDSG (Federal Data Protection Act) and will indemnify Namensbaender.de against all claims that Namensbaender.de may incur as a result of a violation of data protection laws for which you are responsible. Namensbaender.de reserves the right to take further legal action in the event of infringement.
V. Start and end of the affiliate/partner program
1. the beginning of the effectiveness of the agreements of the affiliate/partner program starts with the acceptance of your application and ends with the termination. Either party may give notice of termination without giving reasons. Notice of termination must be given within 5 days.
2. we reserve the right to withhold the payments of the last two months until the final evaluation of the remaining remuneration claim.
3. claims regarding severance payments or financial compensation are excluded.
VI. Changes to the conditions of participation
1. namesbaender.de has the right to change the conditions of participation at any time. This applies to all points within the conditions of participation, but in particular to the amount of remuneration and the remuneration process. Namensbaender.de will notify you of any changes to the conditions of participation on the Namensbaender.de website. If you do not agree with the change to the conditions of participation, you have the right to cancel immediately. This must be done in writing (e.g. by e-mail). If you continue to participate in the affiliate/partner program after a change, this shall be deemed as acceptance of the change.
VII. Warranties and claims for damages
1. we assure you that we operate our website to the best of our knowledge and belief and within the scope of our technical capabilities. However, we give no assurance or warranty regarding the operation of the affiliate/partner program for participants or the functionality of the program itself. In particular, we give no assurance of continuous usability.
2. we shall only be liable in accordance with the Product Liability Act or on the basis of a clear legal basis in the event of gross negligence. The liability refers only to direct damage, not to consequential damage.
3. in the event of slight negligence, we shall only be liable up to a maximum of the amount of the participant's advertising income that he would achieve on average within one month. Liability relates only to direct damage, not to consequential damage.
VIII. Confidentiality rule
1. all information exchanged between Namensbaender.de and the participants is confidential and must be treated as such. The disclosure of this information requires the written consent of Namensbaender.de.
VIII. Confidentiality rule
1. All information exchanged between Namensbaender.de and the participants is confidential and must be treated as such. The disclosure of this information requires the written consent of Namensbaender.de.
IX. Place of fulfilment and jurisdiction
1. The place of fulfilment for all services arising from the business relationship with the company Namensbaender.de is Assamstadt.
2. If the customer is a merchant, Würzburg shall be the exclusive place of jurisdiction - also for cheque and bill of exchange proceedings. The same place of jurisdiction applies if the customer has no general place of jurisdiction in the Federal Republic of Germany at the time legal proceedings are initiated. However, Namensbaender.de is entitled to appeal to any legally competent court.
3. The law of the Federal Republic of Germany shall apply.
X. Final provisions
1. should any of these provisions - for whatever reason - not apply, this shall not affect the validity of the remaining provisions.
2. if the written form is required for declarations under this agreement, it can only be replaced by the electronic form within the meaning of § 126a BGB.