Last change: 19. December 2021
kb4dev GmbH, Sudetenstr. 3c, 82140 Olching, Commercial Register: Munich HRB 206644, Managing Director: Erich Behmen, Phone: +49 151 55606161, Email: info@serptimizer.com
§ 1 Scope
These general terms and conditions apply between SERPtimizer.com/(kb4dev GmbH in the following: SERPtimizer) and the participant of the affiliate program hereinafter referred to as partner.
§ 2 Contract
A contract of this Terms and Conditions shall be concluded only if the partner is registered for the partner program and enabled by SERPtimizer. SERPtimizer may refuse registration without stating reasons.
§ 3 Affiliate rules and compensation
3.1. Through the mediation of a customer who signs up for a paid package, the partner receives 30% commission.
3.2. The commission will continue to be paid with each monthly or annual renewal until the termination of the customer.
3.3. The commission is calculated from the net sales. For the calculation of the net sales, the VAT, the fees of the payment service provider as well as the exchange fees for payment with a foreign currency into the base currency euro are deducted.
3.4. The assignment of the commission to a partner is achieved by setting a cookie in the customer’s browser. During registration to a free trial, the cookie is read and assigned to you as a referred user. If the user later decides to purchase a paid package, the commission will be credited to you.
3.5. If a customer is advertised by several partners, the last partner wins. (Last Cookie Wins – Principle)
3.6. There is no commission claim if the customer is already registered with SERPtimizer. The commission entitlement also lapses if the partner registers himself for a fee-based package.
3.7. If a user terminates the contract before the end of its term, the commission will also be deducted from the credit balance on a pro rata basis.
3.8. The payout is made at the end of the month when the partner reaches 50 €.
3.9. If there are costs for the transfer outside the EU, they will be deducted from the credit.
§ 4 Liability and obligations of the Affiliate Partner
4.1. Newsletters are only permitted to recipients with double opt-in addresses (DOI addresses).
4.2. The use of pornographic, violent or right-wing extremist content is not permitted on the partner’s domain. SERPtimizer dissociates itself hereby expressly from such contents and can terminate this contract with the partner with immediate effect with infringements.
4.3. The use of cookie dropping, postviews or brand bidding is prohibited. The use of advertising material and links to SERPtimizer is not allowed in IFrames, PopUps or Layers
4.4. In the case of violations of applicable law, SERPtimizer will terminate the contract with immediate effect. If it is determined that commissions have been obtained in an unlawful manner, this can lead to commission reclaims of up to 12 months.
4.5. The Affiliate indemnifies SERPtimizer from all third-party claims arising from violations of legal provisions or failure to comply with these Terms of Use. This also applies to legal fees and court fees that SERPtimizer must spend in order to ward off the claims asserted against them.
§ 5 Right to change
5.1. SERPtimizer is entitled to change these terms and conditions. SERPtimizer will make these changes only for valid reasons, particularly because of changing market conditions, new technological developments, changes in jurisprudence or other equivalent reasons. If there is significant disruption in the contractual balance between the parties as a result of the change, then the change will not be made. Furthermore, any changes require the partner’s consent.
5.2. Insofar as the changes require the partner’s consent, SERPtimizer will inform users in writing concerning the changes, giving them a reasonable period to object and the consequences that may result. The changes shall be deemed to have been accepted if partner fails to object in writing within 14 days after notification.
§ 6 Applicable law
For all disputes in connection with these terms and conditions, German law applies, excluding the UN sales law.
§ 7 Jurisdiction
The place of fulfilment and jurisdiction is the registered office of SERPtimizer. SERPtimizer is, however, also entitled to assert claims against users at their statutory place of jurisdiction.