Terms and Conditions Affiliate Program
Violations of the following terms will result in termination of your account and loss of unpaid commission payments to Affiliates earned during the breach. You agree to use the affiliate program at your own risk.
- You must be at least 18 years old to participate in this program.
- You have to be a human. Accounts registered through bots or other automated methods are not allowed.
- You must provide your full name, valid e-mail address, and any other information required to complete the sign-up process.
- Your login can only be used by one person – a multi-person login is not allowed.
- You are responsible for maintaining the security of your account and password. Smart Desk Share can not and shall not be held liable for any loss or damage resulting from non-compliance with this security obligation.
- You are responsible for all content and activity published in your account.
A 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 must not violate any laws in your jurisdiction when using the Service (including, but not limited to, copyright laws).
Referral fees / commissions and payment
In order for a product sales fee to be charged a referral fee, the customer must click on a specific link from your website, email, or other communications path https://www.smart-desk-share.com and place an order during that session for a product. You will receive an affiliate fee of three (3%) percent per successfully recommended room.
We only pay commissions for links that are automatically tracked and reported by our systems. We do not pay commissions when someone claims to have bought, or when someone claims to have entered a referral code that was not tracked by our system. We can only pay commissions on transactions generated by properly formatted special links that are automatically tracked by our systems.
We reserve the right to disqualify commissions earned through fraudulent, illegal or overly aggressive, questionable sales or marketing practices.
Identify yourself as a Smart Desk Share Partner
You may not publish any press releases relating to this Agreement or your participation in the Program. Such an action may result in your leaving the program. In addition, you must not misrepresent or beautify the relationship between us and you, say you develop our products, say you are part of Smart Desk Share, or express a relationship or affiliation between us and you or any other person Smart-Desk-Share, except as expressly provided in this Agreement (including the express or implied commitment that we endorse, promote, support, or donate to charity or otherwise).
You may not purchase Products through your affiliate links for your own use. Such purchases may (at our sole discretion) result in the retention of Referral Fees and / or the termination of this Agreement.
Payments start only when you have earned more than 20 € (EUR) in affiliate revenue. If your affiliate account does not exceed the € 20 (EUR) threshold, your commissions will neither be realized nor disbursed. We are only responsible for paying accounts that exceed the threshold of € 20 (EUR). As long as your current affiliate income is above € 20 (EUR), you will be paid every month. If you have not earned € 20 since your last payment, we will pay you the following amount after exceeding the threshold.
Customers who buy products through this program are considered our customers. Accordingly, these customers are subject to all our rules, policies, and procedures regarding customer orders, customer service, and product sales. We can change our policies and procedures at any time. For example, we determine the prices charged for products sold under this program in accordance with our own pricing guidelines. Product prices and availability may vary from time to time. Since price changes can 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 provide accurate information but can not guarantee the availability or price of any particular product.
You are solely responsible for the development, operation, and maintenance of your site, as well as all materials that appear on your site. For example, you are solely responsible for:
- The technical operation of your website and all associated devices
- If you ensure that the display of specific links on your web site does not violate any agreements between you and a third party (including but not limited to restrictions or requests made to you by a third party hosting your web site)
- The accuracy, truthfulness, and appropriateness of materials published on your web site (including, but not limited to, all product-related materials and any information that you include or link to specific links).
- Ensure that materials posted on your site do not violate or infringe the rights of third parties (eg copyrights, trademarks, privacy, or other personal or property rights).
- To ensure that material posted on your site is not defamatory or otherwise illegal
Compliance with laws
As a condition of your participation in the Program, you agree that as a Program Member you will comply with all laws, ordinances, rules, regulations, orders, licenses, approvals, judgments, decisions or other requirements of any governmental authority. Your responsibility, whether or not these laws, etc Take effect now or later while you are a program participant. Without limiting the foregoing, you agree that as a condition of your participation in the Program, you comply with all applicable laws (federal, state, or other) that govern marketing emails, including, but not limited to , the CAN-SPAM law of 2003 and all other anti-spam laws.
Duration of agreement and program
The term of this agreement begins with the acceptance of your program application and ends with the termination by one of the parties. You or we may terminate this Agreement at any time without giving any reason by giving written notice to the other party. Upon termination of this Agreement for any reason, you will promptly receive links to https://www.smart-desk-share.com and all of our trademarks, trademarks and brands. Your website will remove any logos and any other materials that we have provided to you under these terms or in connection with the program. Smart Desk Share reserves the right to terminate the program at any time. At the end of the program, Smart Desk Share pays all winnings over € 20 (EUR).
- The partner programs of the Smart Desk Share (hereinafter “SDS”) are referred to below as the “Affiliate Program”.
- The participants in the partner programs of SDS are referred to below as “partners”.
- Affiliate networks are referred to as partner networks.
Participation in the affiliate program
- Participation in the Affiliate Program comes with SDS’s approval of the Partner’s application and may be terminated at any time by either party without cause.
- The partner is obligated to keep his contact details stored at the partner network up to date, so that contact via e-mail is possible.
- The partner is responsible for the observance of copyrights, applicable trademark and other legal regulations of his web presence. Liability of the SDS is excluded. The Partner releases the SDS from the asserted claims of third parties.
- The partner is not permitted to use protected brand names of the SDS in domain names or to use them in a different form from the advertising media provided.
- SDS is liable for its own website.
- Advertising media SDS provides the partner with advertising material in the form of texts, text links and banners via the partner network platform. The partner may use these exclusively under its own responsibility and in cooperation with the SDS. After termination of the partnership or at the request of the SDS, the partner removes the advertising material immediately and completely from his pages.
- The partner undertakes to transfer the provided advertising material unchanged to his websites or to his newsletter. If further advertising material is required or if a different integration of the advertising material is intended, the consent of the SDS must be obtained.
- It is forbidden to give any prospect of participation in SDS’s partner commission to third parties for the generation of leads or sales or to promise a different kind of advantage (for example, participation in a raffle, bonus points).
- It is not allowed to access the provided URLs automatically, for example as a pop-up or pop-under, when leaving the partner pages or via redirects or refreshes.
- Opening the URLs provided by the SDS in parts of the browser window (framing) is not permitted.
Website of the partner
- The partner is not permitted to integrate the provided advertising material on other pages than when registering for the affiliate program.
- The Affiliate undertakes not to offer pornographic, sexual, radical, political, discriminatory, criminally or morally offensive content or links to such content on the pages submitted to the Affiliate Program.
- According to the Teledienstegesetz the partner is responsible for the labeling of his web pages. The partner undertakes to use the advertising material only on marked pages.
Newsletter of the partner
- The Affiliate will not send electronic messages to third parties who do not agree with the receipt (spam).
- If the partner sends messages containing SDS advertising material, the partner clearly identifies himself as the sender.
- If the partner intends to use advertising slogans, texts or images which deviate from the advertising material provided, the consent of the SDS must always be obtained.
The placement of paid search ads in search engines such as Google or BING or Yahoo etc. is subject to the following provisions:
- Misleading texts and formulations, as well as misspellings of the brand SDS. and any products in ad text or as a keyword are not allowed.
- Also not allowed are booking the following brand terms as keyword as well as any typos and misspellings:
Der Partner verpflichtet sich die genannten Markenbegriffe in alle geschalteten Suchanzeigen als broad negativ einzubuchen.
- Use the brand term and all products of the SDS as part of the ad URL, in the ad headline, and in the ad text
- Search ad campaigns using the URL www.smart-desk-share.de and www.smart-desk-share.com in the ad text and display URL
- Circuits of search ads with direct forwarding (without own landing page) on www.SDS.de including all product pages, landing pages, etc. Otherwise, the rules and guidelines of the individual search engines apply to all entries. In the event of non-compliance with the above conditions, SDS reserves the right to denounce the Affiliate and is entitled to terminate the partnership without notice and, if applicable, retrospectively not to remunerate generated leads.
- The SDS reserves the right to hold the partner responsible for the damage incurred in the event of disregard of the conditions of participation. Irrespective of this, a penalty of EUR 2,000 per infringement can be imposed for infringements.
- To avoid violations and resulting claims for damages, the partner will agree with the SDS in case of doubt before using the advertising material.
Change of conditions of participation
- SDS may change these terms and conditions at its sole discretion without giving reasons.
- The SDS will inform the partner about any changes four weeks in advance.
Smart Desk Share reserves the right to suspend or terminate your account at any time in its sole discretion and to refuse any current or future use of the Program or any other Smart Desk Share service for any reason whatsoever. Termination of the Service will result in the deactivation or deletion of your account or access to your account and the loss and release of any potential or payable commissions in your account that are fraudulently, unlawfully or fraudulently committed to excessively aggressive, questionable sales – or marketing methods. Smart Desk Share reserves the right to refuse service at any time without stating reasons.
Relationship of the parties
You and we are independent contractors, and nothing in this Agreement establishes a partnership, joint venture, agency, franchise, agent, or employment relationship between the parties. You are not authorized to make or accept offers or assurances in our name. You will not make any statement on your website or otherwise that reasonably contradicts anything in this section.
- Should individual provisions of these conditions be or become void or ineffective, the remaining provisions shall remain unaffected. The invalid or ineffective provisions are replaced by the legal ones. This also applies to regulatory gaps.
- Partner may not use the name, logo, and identity of the SDS and any affiliate companies without the prior written consent of SDS.
The SDS does not communicate any tariff details to the partners about the products. If a partner nevertheless publishes such information on his side, he is responsible for their timeliness and accuracy. Insofar as the SDS is exposed to claims of third parties for such contents, it indemnifies the originating partner (the affiliate network) from these claims (including the legal costs and legal costs incurred by law).
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL OF YOUR TERMS AND CONDITIONS. YOU UNDERSTAND THAT WE WILL ORDER, AT ANY TIME, DIRECTLY OR IMMEDIATELY, CUSTOMER REFERENCES DIFFERENT FROM THE WEBSITES REFERRED TO IN THIS AGREEMENT OR OPERATION, WHICH ARE SIMILAR TO YOUR WEBSITE OR COMPETITIVE WITH YOUR WEBSITE. YOU ASSESS INDEPENDENTLY THE RESISTANCE OF THE PARTICIPATION IN THE PROGRAM AND DO NOT RELY ON ANY OTHER REPRESENTATION, GUARANTEE OR STATEMENT AS SPECIFIED IN THIS AGREEMENT.
All disputes relating to this Agreement (including any actual or suspected violation of this Agreement), transactions or activities under this Agreement or your relationship with us or any of our affiliates shall be subject to confidential arbitration unless you do so In the event that we have violated or threatened to violate our intellectual property rights, we may seek an injunction from a state or federal court (and you agree to non-exclusive jurisdiction in such courts) or other competent court. Arbitration under this Agreement is governed by the applicable rules of the American Arbitration Association. The arbitral award of the arbitrator is binding and can be entered as judgment by any competent court. To the extent permitted by applicable law, any arbitration under this Agreement shall not be accompanied by any arbitration involving any other party to this Agreement, whether by class arbitration or otherwise.