The following terms and conditions apply to participation in the POCASIO Affiliate Program.
This affiliate program gives you the opportunity to receive advertising from Schröder & Schröder GbR, Waldhofstr. 19, 25474 Ellerbek, Germany (hereinafter referred to as “POCASIO”) on your website (hereinafter referred to as the “Partner Website”) and thereby generate advertising revenue.
This is done by setting up a link from the partner website to the POCASIO web app (https://app.pocasio.com/login). The contract is concluded between you and POCASIO.
§1 Subject matter of the contract
(1) For your website, POCASIO will provide you with a link in your account in the Web App (https://app.pocasio.com/login) for contract-specific use.
(2) The link serves to identify you in our partner network and establishes the connection from your website to our website. The partner link contains a unique identifier for identification.
(3) The responsibility for the correct technical integration of the link lies with the partner. If the link does not work, no visitors can be registered on the POCASIO Web App. In this case, no advertising revenue can be paid.
(4) Advertising revenue can be generated for the “POCASIO Plus”, “POCASIO Premium” “POCASIO Small-Business” and “POCASIO Professional” licenses offered.
§2 Entitlement to advertising revenue
(1) In order for the sale of a contractual product to trigger a claim to advertising revenue, the link-clicking customer must not yet have an account with POCASIO.
(2) Only revenue from orders that are generated by a customer coming to our site via the partner link from your website and purchasing the product during a session will be taken into account.
(3) The term “session” describes a visitor to the POCASIO Web App who is generated by clicking on the partner link. A session is finished
- if the customer has not created an account at https://app.pocasio.com/login within 30 days
- when the customer leaves the POCASIO Web App and returns to the POCASIO Web App via the partner link of a third party partner.
- if the customer deletes their cookies before a login has taken place at https://app.pocasio.com/login
(4) If the customer creates an account within 30 days, this will be linked internally to your partner account and will appear anonymously in your customer overview.
(5) If the customer subsequently takes out a paid subscription, you will receive advertising revenue.
§3 Amount of advertising revenue and payment
(1) If the customer purchases a fee-based license, you will receive 25% commission on net sales (“lifetime commission”) for the entire period of use.
(2) If the customer extends or renews his license, you will receive a commission for the additional turnover in accordance with (1).
(3) POCASIO provides you with affiliate statistics in your account, from which you can see your current credit balance.
(4) Your advertising income will be paid out at the beginning of the month by bank transfer, provided that all conditions are met. Conditions are
- Availability of contact details
- Availability of bank details
- Current credit balance of at least 100 euros
§5 Use in newsletters
(1) E-mails with advertising for POCASIO may be sent. You only send advertising e-mails or newsletters to recipients who have demonstrably consented to receiving advertising e-mails in accordance with the statutory provisions by means of the double opt-in procedure (DOI). Should POCASIO be held liable by third parties due to the advertising presentation in a newsletter or an advertising e-mail, you shall indemnify POCASIO from all claims of third parties and from all costs incurred by POCASIO in the defense against such claims upon first request.
§6 Rights of use
(1) You receive a non-exclusive, non-transferable right, revocable at any time, to access the POCASIO Web App via the agreed link. Exclusively in connection with this link, you also have the right to use the POCASIO logo and other materials provided for the purpose of promoting the POCASIO Web App. This right applies only for the purpose of establishing the link between your website and the POCASIO Web App, which enables your users to purchase POCASIO licenses. You may not revise or modify the licensed materials in any way. A breach of the aforementioned agreements entitles POCASIO to terminate the contract without notice.
(2) The rights expire when a termination of this agreement takes effect and you undertake to remove the link used on your website immediately and completely.
§7 Amendments to the contract
(1) POCASIO reserves the right to change the terms and conditions of this Agreement at any time. You will be informed of the change by e-mail with a notice period of 14 days. If a modification is not acceptable to you, you have the option of terminating the agreement. Your continued participation in the POCASIO Affiliate Program after the commencement of the period of validity of the amendments shall be deemed acceptance of the amendments. We will draw your attention to this legal consequence when notifying you of the change.
§8 Contract duration/termination
(1) This agreement is concluded for an indefinite period and can be terminated at any time with seven days’ notice. Extraordinary termination without notice for good cause is permissible. Important reasons are, for example
- non-commercial operation of the partner’s website
- a breach of material provisions of this agreement
- a significant change in the shareholder or management relationships of one of the parties
(2) Notice of termination must be given in writing by e-mail or letter.
(3) In the event of termination, a claim for compensation pursuant to § 89b HGB shall be excluded irrespective of the terminating party.
§9 Miscellaneous
(1) Should individual provisions of this agreement be or become invalid or unenforceable in whole or in part, this shall not affect the validity of the remaining provisions of the agreement. The same applies in the event that the agreement contains a loophole. In place of the invalid or unenforceable provisions or to fill the gap, an appropriate provision shall apply which, as far as legally possible, comes closest to what the parties would have wanted if they had considered this point when concluding the agreement.
(2) Subsidiary agreements must be made in writing.
(3) The contract is concluded upon POCASIOs acceptance of your application for admission to the Affiliate Program.
(4) Any general terms and conditions of the partner website shall not become part of the contract.