AGBs
General Terms and Conditions (GTC) for the Ambassador Program
Β§ 1 Scope of application
(1) These General Terms and Conditions (GTCs) govern participation in the Ambassador Program (hereinafter referred to as the "Program") and the associated referral compensation system offered by [company name] (hereinafter referred to as the "Company").
(2) For the purposes of these GTCs, participants are referred to as Ambassadors, which also includes the role of referrers. By registering and participating in the program, the Ambassador agrees to these T&Cs.
Β§2 Participation in the program
(1) Participation in the program is voluntary. The participant must register via the online form and confirm the conditions of participation.
(2) The participant must have a valid e-mail address and a tax ID (if self-employed).
(3) The Ambassador undertakes to use the program in accordance with the applicable laws and not to use fraudulent actions or unfair methods to generate recommendations.
Β§ 3 Successful recommendation and remuneration
(1) A "successful recommendation" is deemed to have been made if the Ambassador refers a new customer for advice and the customer concludes a contract with the company following the advice and makes the agreed payments for the contract.
(2) Successful recommendations are the sole basis for payment of the premium to the Ambassador. A recommendation where the recommended customer does not conclude a contract or does not make any payments is not considered successful and does not entitle the Ambassador to premium payment.
(3) Remuneration: The Ambassador receives remuneration for each successful recommendation, which is based on the number of customers acquired:
- 50 per customer for the first 10 recommendations.
- 100 per customer for recommendations 11 to 20.
- 200 per customer from the 21st recommendation.
(4) Bonus for referred Ambassadors:
(a) The Ambassador can refer other Ambassadors and receives a bonus of β¬500 if the referred Ambassador has made 10 successful referrals (see Β§ 3 para. 1).
(b) However, this bonus of β¬500 will only be paid if the company has free slots for new Ambassadors and the company confirms the acceptance of a new Ambassador.
(c) There will be limited capacity for Ambassadors and not every Ambassador can accept new referrals or recruit new Ambassadors at any time. The company will inform Ambassadors regularly about the availability of slots and when new slots are released.
(d) The β¬500 bonus for referred Ambassadors will only be paid out after confirmation of the acceptance of a new Ambassador and after the referred Ambassador has reached 10 successful referrals.
(5) Payment of bonuses:
Commissions are generally paid to the Ambassador on the 15th day of the respective month. If the 15th day falls on a weekend or public holiday, the payment will be made on the next working day.
The payment will be made taking into account the usual processing time by the bank. It should be noted that, as a rule, 1-2 bank working days are required for the technical processing of the payout, depending on the banking institution.
(6) Delays:
If the payout is delayed due to technical difficulties, personnel bottlenecks or other unforeseen circumstances, the company undertakes to inform the Ambassador immediately and to communicate a new payout date. Liability for any delays is excluded as long as these are not due to gross negligence on the part of the company.
(7) No guarantee of payment on a fixed date:
It should be noted that the payment of commissions is generally tied to the 15th day of each month. However, the company reserves the right to adjust the payment in exceptional cases if this is necessary due to extraordinary circumstances. The Ambassador will be informed immediately.
(8) Claims from payment:
The Ambassador has no claim to a payment of commissions that have not yet arisen due to a successful recommendation or that are no longer valid due to cancellations, returns or similar circumstances. In the event of a retrospective cancellation of a referral, the company reserves the right to reclaim any commissions already paid out.
Β§ 4 Tax responsibility
(1) The Ambassador is independently responsible for the correct taxation of his/her income from the program.
(2) All payments to the Ambassador are made without tax deduction. The Ambassador is responsible for the proper declaration and payment of taxes and social security contributions.
(3) The company accepts no liability for the Ambassador's tax affairs, including the need to register a business or pay taxes properly. The ambassador undertakes to check and fulfill the tax obligations applicable to him/her on his/her own responsibility, including in the case of international payments or cross-border activities.
Β§ 5 Use of social media and liability
(1) Ambassadors who use social media or other online platforms to attract customers are obliged not to make any false or misleading statements. All statements must be truthful and transparent and must not violate applicable law.
(2) Ambassadors are solely liable for all content that they disseminate via social media or other platforms. They assume full responsibility for any legal consequences that may arise from unfair or false advertising statements.
(3) If the company suffers damage as a result of false statements or unauthorized actions by the ambassador, the company is entitled to claim the damage from the ambassador. The ambassador is liable for all costs incurred by the company as a result of such actions.
(4) If the ambassador creates content himself, such as advertising materials or social media posts, he hereby grants the company the worldwide, perpetual and free right to use, edit, publish and distribute this content for commercial purposes. The Ambassador cedes all rights to the content created and agrees that it may be used by the company.
Β§ 6 Rights and obligations of the ambassador
(1) The ambassador undertakes not to make any false or misleading statements and not to use any unfair methods to attract customers. The company is not liable for any inadmissible statements made by the Ambassador.
(2) The Ambassador undertakes not to pass on any materials, content, brands or trade secrets of the company without express written permission or to continue to use them after the end of the program. Violations of this regulation may lead to claims for damages and legal consequences.
(3) The Ambassador declares that he is responsible for compliance with data protection regulations, in particular when collecting personal data from potential customers.
Β§ 7 Rejection of customers and waiting times
(1) The company reserves the right to reject customer requests and does not have to follow every recommendation. The company is not obliged to process or accept all referrals.
(2) Due to limited capacity, there may be waiting times before an Ambassador can refer new customers.
(3) Slots for referrals: There are limited slots for Ambassadors to make referrals. The company informs Ambassadors in good time when new slots are available. Ambassadors can only make recommendations if slots are available. The company reserves the right to limit the number of Ambassadors and referrals.
Β§ 8 Data protection
(1) The company undertakes to protect the personal data of the Ambassador and the recommended customers in accordance with the applicable data protection laws (in particular the General Data Protection Regulation, GDPR).
(2) The data of the Ambassador and the recommended customers will be used exclusively for processing the program. It will only be passed on to third parties if this is necessary to fulfill the contractual obligations.
(3) The Ambassador agrees that his/her personal data will be processed and stored for the administration and evaluation of the program. The data will be deleted at the Ambassador's request in accordance with legal requirements.
Β§ 9 Liability and warranty
(1) The company is not liable for damages incurred by the Ambassador through participation in the program, unless these are due to intentional or grossly negligent conduct on the part of the company.
(2) The company accepts no liability for errors in the tax return or other legal consequences that may arise from participation in the program. The Ambassador acts on his/her own responsibility.
(3) The company accepts no liability for false statements or actions by the Ambassador that lead to damages or legal consequences.
Β§ 10 Changes to the program and termination
(1) The company reserves the right to change the program and the GTC at any time. Ambassadors will be notified of any changes in good time. Ambassadors have the right to object to changes within 14 days of notification.
(2) Termination by the Ambassador: The Ambassador can terminate the contract at any time by sending written notification to the company by e-mail. The notice of termination must include the intention to terminate the program and the Ambassador's e-mail address.
(3) Termination by the company: The Company may terminate the Program at any time with 14 days' notice and terminate the contract with the Ambassador without giving any reason. Immediate termination is only permitted in the event of a serious breach of these GTCs or statutory provisions. In such cases, the Ambassador will be informed immediately and the remuneration for all successful referrals completed prior to termination will be paid in accordance with the GTCs.
Β§ 11 Final provisions
(1) German law applies exclusively to all disputes in connection with these GTCs or participation in the program, unless otherwise stipulated by mandatory statutory provisions. If the Ambassador has its registered office abroad, the country in which the company has its registered office shall be the competent place of jurisdiction. However, the company reserves the right to bring an action at the ambassador's place of residence.
(2) Should one of the provisions of this contract be wholly or partially invalid, the remainder of the contract shall remain valid. In this case, the invalid provision shall be replaced by a valid provision that comes as close as possible to the economic purpose of the original provision.
