Preamble

Our affiliates are very important to us. We do our best to treat you with the fairness and respect you deserve. We simply ask the same consideration of you. We have written the following affiliate agreement with you in mind, as well as to protect our company’s good name. So please bear with us as we take you through this legal formality.

If you have any questions, please don’t hesitate to let us know. We are strong believers in straight-forward and honest communication. For quickest results please use the contact form on our website.

Your involvement in the Wing42 Affiliate Program constitutes full and complete assent to our Terms and Conditions set forth herein.

§ 1 Affiliate Agreement

PLEASE READ THE ENTIRE AGREEMENT.

THIS IS A LEGAL AGREEMENT BETWEEN YOU, THE “AFFILIATE” AND “Wing42”.

BY SUBMITTING THE ONLINE APPLICATION YOU ARE AGREEING THAT YOU HAVE READ AND UNDERSTOOD THE TERMS AND CONDITIONS OF THIS AGREEMENT AND THAT YOU AGREE TO BE LEGALLY RESPONSIBLE FOR EACH AND EVERY TERM AND CONDITION.

§ 2 Validity, definition of terms

1. Wing42, Inh. Otmar Nitsche, Blumenstr. 28, 02826 Görlitz, Germany (hereinafter: “we” or “Wing42”) operates an online shop for goods on the website http://wing42.com. The following terms and conditions apply to all interactions and agreements between us and our Affiliates in the version valid at the time of the order, unless otherwise expressly agreed.
2. “Affiliate Program” means the collaboration between Wing42 and the Affiliate whereby the Affiliate will promote the Wing42 website by creating links from our Affiliate Dashboard and placing them on their own site or social media. Affiliates will be paid a commission, subject to the terms and conditions of this Agreement.
3. “Affiliate” means the legal entity agreeing to participate in the Program, and who will legally be bound by the terms and conditions herein.
4. “Affiliate Link” means the unique tracking link placed on the Affiliate’s website, or promoted through other channels.
5. “Agreement” means this Affiliate Program Agreement and all materials referred or linked to in here.
6. “Commission” refers to the amount earned from successful purchases on the Wing42 website through referral by an Affiliate and that is otherwise not refunded or cancelled.
7. “Affiliate Dashboard” is a tool provided to the Affiliate to manage the membership in the Affiliate Program. It is only visible as a link under your account after you register to become an Affiliate and your application is approved.

§ 3 Age Restrictions

1. By applying to our Affiliate Program, the Affiliate represents and warrants that they are at least 18 years of age. Wing42 assumes no responsibility or liability for any misrepresentation of the Affiliate’s age.

§ 4 Assent & Acceptance

1. By submitting an application to our Affiliate Program, the Affiliate warrants that they have read and reviewed this Agreement and that they agree to be bound by it. This Agreement specifically incorporates by reference any Terms and Conditions, Privacy Policies, End-User License Agreements, or other legal documents which we may have on our website.

§ 5 Function of the Affiliate Program

1. Wing42 provides the Affiliate with a unique link to the Wing42 website, which the Affiliate can use to promote Wing42, or specific products on offer on the Wing42 website.
2. Notwithstanding § 7, any sales arising from using the link by a Wing42 customer will earn the Affiliate a commission on the sale.
3. All commissions are paid using the PayPal payment system on a monthly basis, provided a minimum of 20 EUR is reached.
4. The Affiliate must have an account with Paypal to receive the commission.

§ 6 Commissions

1. For a sale to generate a commission to an Affiliate, the customer must complete the order form and remit full payment for the product.
2. Commissions will only be paid on sales that are made when the customer clicks through qualified, correctly structured Affiliate links.
3. Properly coded links are the sole responsibility of the affiliate.
4. Commissions can be viewed on the Affiliate Dashboard.
5. Cookies used as part of the affiliate tool to track a referred customer over a set duration of 30 days. Notwithstanding § 7, any sales made by a customer in that period of time will earn the Affiliate a commission on the sale.

§ 7 Refunds, Cancellations and Exceptions

1. In the event a refund is issued or the order is cancelled for a transaction for which the Affiliate has earned commissions, the commission gets cancelled and the amount gets deducted from the Affiliate’s balance.
2.  If a potential customer clears their cookies during the 30 day period, Wing42 shall not be liable for any commissions that may have been owed to you.

§ 8 Wing42 Rights & Obligations

1. Wing42 reserves the right to terminate this Agreement and your participation in our Affiliate Program immediately and without notice to you should you commit fraud in your use of the Wing42 Affiliate Program or should you abuse this program in any way. If such fraud or abuse is detected, Wing42 shall not be liable to you for any commissions.
2. In addition, this Agreement will terminate immediately upon any breach of this Agreement by you.
3. Wing42 reserves the right, at any time, to review the placement of the links of the Affiliate. If we object to the placement of the links of the Affiliate, we will ask the Affiliate to remove it and the Affiliate will be obligated to comply.
4. This Agreement will begin upon our acceptance of the Affiliate application, and will continue unless terminated hereunder.

§ 9 Affiliate Responsibilities

1. The Affiliate will never represent themselves, Wing42 or their relationship with Wing42 in a false or misleading way.
2. The Affiliate will not engage in the distribution of an unsolicited bulk email (spam) mentioning or referencing Wing42.
3. The Affiliate will provide accurate and complete information and keep it up to date. This includes, but is not limited to: contact details, payment details, channels used to promote Wing42. We reserve the right to request additional information concerning the promotional practices you employ. Failure to provide us with the requested information may result in permanent exclusion from the Affiliate Program and forfeiture of commissions.
4. Each party agrees not to use the other’s proprietary materials in any manner that is disparaging, misleading, obscene or that otherwise portrays the party in any negative light. This does not include just and fair criticism by the Affiliate of Wing42 products.

§ 10 Social activity

1. By promoting our products on the Affiliate’s social media platforms, the Affiliate agrees that we may repurpose your content in our marketing channels. If we do so, we will endeavor to tag your social handle to credit the image as yours. 

§ 11 Termination

1. Either Affiliate or Wing42 may end this Agreement AT ANY TIME, with or without cause, by giving the other party written notice. Written notice can be in the form of email.
2. If the Affiliate or Wing42 terminates the agreement, any outstanding commissions will be paid in full within a period of fourteen days, however no additional commissions for future customer transactions will occur.

§ 12 Modification

1. We may modify any of the terms and conditions in this Agreement at any time at our sole discretion. In such event, you will be notified by email. Modifications may include, but are not limited to, changes in commission rates and Wing42 Affiliate Program rules.
2. If any modification is unacceptable to you, you can choose to end this Agreement.
3. The Affiliates continued participation in Wing42’s Affiliate Program following the notice of change to the Terms and Conditions of the Affiliate Program will indicate the Affiliate’s agreement to the changes.

§ 13 Final provisions

1. German law applies.
2. For any legal disputes regarding this agreement, the place of jurisdiction is Görlitz, Germany.
3. The ineffectiveness of one or more provisions of this agreement does not affect the validity of the others. Each party to this Contract can in this case demand that a new valid provision be agreed which best achieves the economic purpose of the ineffective provision.