Affiliate Program Terms of Participation

The following provisions apply to participation in the POCASIO Affiliate Program.

Through this Affiliate Program, you have the opportunity to display advertisements from MCS Online Solutions GmbH, Waldhofstr. 19, 25474 Ellerbek, Germany (hereinafter referred to as “POCASIO”) on your website (hereinafter referred to as “Partner Website”) and thereby generate advertising revenue.

This is achieved by establishing 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 of the Contract

(1) For your website, POCASIO will provide you with a link for contract-specific use within your account in the Web App (https://app.pocasio.com/login).

(2) The link serves to identify you within our partner network and establishes the connection between your website and our website. The partner link contains a unique identifier for identification.

(3) The Partner is responsible for the correct technical integration of the link. If the link does not function, no visitors can be registered on the POCASIO Web App, and consequently, no advertising revenue can be paid.

(4) Advertising revenue can be generated for the following licenses: “POCASIO Plus”, “POCASIO Read-only”, “POCASIO Small-Business”, and “POCASIO Professional”.

§2 Entitlement to Advertising Revenue

(1) For the sale of a product covered by this contract to generate an entitlement to advertising revenue, the customer clicking the link must not have an existing account with POCASIO.

(2) Only revenue from orders generated when a customer accesses our site from your website via the partner link and purchases the product during a single session will be considered.

(3) The term “Session” refers to a visitor to the POCASIO Web App, generated by a click on the partner link. A session concludes

  1. if the customer has not created an account at https://app.pocasio.com/login within 30 days
  2. if the customer leaves the POCASIO Web App and returns to it via the partner link of a third-party partner.
  3. if the customer deletes their cookies before logging in at https://app.pocasio.com/login

(4) If the customer creates an account within 30 days, it will be internally linked to your partner account and will appear anonymized in your customer overview.

(5) If the customer subsequently subscribes to a paid plan, you will receive advertising revenue.

§3 Advertising Revenue Amount and Payout

(1) If the customer acquires a paid license, you will receive a 25% commission on the net revenue for the entire duration of use (“Lifetime Commission”).

(2) If the customer extends or renews their license, you will receive a commission for the additional revenue in accordance with (1).

(3) POCASIO will provide you with an affiliate statistics overview in your account, where you can view your current balance.

(4) The payout of your advertising revenue will be made at the beginning of each month via bank transfer, provided all conditions are met. These conditions include:

  1. Provision of contact details
  2. Provision of bank details
  3. Current balance of at least 100 Euros

§5 Use in Newsletters

(1) Emails containing advertisements for POCASIO may be sent. However, advertising emails or newsletters may only be sent to recipients who have demonstrably consented to receive advertising emails in accordance with legal provisions through the Double Opt-In (DOI) procedure. Should POCASIO be held liable by third parties due to the advertising presentation in a newsletter or an advertising email, you shall indemnify POCASIO from all third-party claims and from all costs incurred by POCASIO in defending such claims, upon first request.

§6 Rights of Use

(1) You are granted a non-exclusive, non-transferable, and revocable right to access the POCASIO Web App via the agreed-upon link. Solely in conjunction with this link, you also have the right to use the POCASIO logo and other provided materials for the purpose of advertising the POCASIO Web App. This right applies solely for the purpose of establishing the link between your website and the POCASIO Web App, which enables your users to acquire POCASIO licenses. You may not revise or alter the licensed materials in any way. A breach of the aforementioned agreements entitles POCASIO to terminate the contract without notice.

(2) The rights expire upon the effective date of a termination of this agreement, and you undertake to immediately and completely remove the implemented link from your website.

§7 Contract Amendments

(1) POCASIO reserves the right to amend the regulations and provisions of this agreement at any time. You will be informed of such changes by email with a notice period of 14 days. If a modification is not acceptable to you, you retain the option to terminate the agreement. Your continued participation in the POCASIO Affiliate Program, after the effective date of the changes, shall constitute acceptance of the changes. We will draw attention to this legal consequence when notifying of the change.

§8 Term of Agreement/Termination

(1) This agreement is concluded for an indefinite period and may be terminated ordinarily at any time with a notice period of seven days. Extraordinary termination without notice for good cause is permissible. Good causes include:

  1. non-commercial operation of the Partner’s website
  2. a breach of essential provisions of this agreement
  3. a significant change in the shareholder or management structure of either party

(2) Termination must be submitted in writing via email or letter.

(3) In the event of termination, regardless of the terminating party, any claim for compensation under § 89b HGB is excluded.

§9 Miscellaneous

(1) Should individual provisions of this agreement be or become wholly or partially legally invalid or unenforceable, the validity of the remaining provisions of the agreement shall not be affected thereby. The same applies in the event that the agreement contains a regulatory gap. In place of the invalid or unenforceable provisions, or to fill any gaps, an appropriate regulation shall apply which, to the extent legally permissible, most closely approximates what the parties would have intended had they considered this point when concluding the agreement.

(2) Ancillary agreements must be made in writing.

(3) The contract is concluded upon POCASIO’s acceptance of your application for admission to the Affiliate Program.

(4) Any general terms and conditions of the Partner Website will not become part of the contract. We are pleased that you wish to participate in the competition. Prizes include