Partner T&C

1.0    Preamble

The affiliate program on the website is an offering by United Games GmbH. The following terms are valid for all affiliate contracts. They are also valid for all future business relations, even if they are not explicitly agreed on again. The terms and conditions are accepted through registering for the affiliate program.

Deviating terms of participants of the affiliate program are noncommittal unless accepted in written form by United Games GmbH.

2.1. Conclusion of Contract

A contract is concluded with the acceptance by United Games GmbH after registration of the participant. United Games GmbH personnel is not allowed to make subsidiary agreements or verbal assurances which exceed the contract’s content.

Minors are barred from participation in the affiliate program.

3.0 Registration

Every participant has to register with United Games GmbH by application. The participant has to give their name, address (not post office box), phone number, fax number and email address. Corporations also have to give the name of the person authorized to represent. The participant has to inform United Games GmbH about any changes instantly. False statements enable United Games GmbH to instantly dismiss participants.

4.0 Partners
Participants in the affiliate program are partners. Partners advertise for United Games GmbH by placing hyperlinks for offers of United Games GmbH. Partners receive charges for advertising in accordance with the following terms.

Participation in the affiliate program is exempt from charges for partners. Partners can select freely from the offered advertising material, they can delete and exchange the used links at any time.

United Games GmbH pays its partners according to the following terms. Payments take place in the midst of the following month after sales, minimum amount is 25 euros.

Pay per sale:
Only customers that conclude an effective purchase agreement in the online shop of United Games GmbH within 30 days after mediation are assessed. Assessment is on a percentage basis of contract value. If the concluded contract is legally void or the customer cancels it, commission is countermanded.

United Games GmbH sets the value of an assessment in advance. The value can be changed within three business days, minimum value is 1%. Partners are instantly informed about changes in value.

United Games GmbH records all clicks and collects statistics. The records are available in the protected partner area.

Partners are committed to integrate the HTML code provided by United Games GmbH on their website. This code is necessary for acquisition and recording of the customers coming from the partner’s website. Partners will be informed about necessary technical adjustments via email. Partners are committed to implement possible adjustments instantly. If the partner does not integrate the code, removes or manipulates it, United Games GmbH is entitled to dismiss the contract without notice.

Partners are solely responsible for correct presentation of the referrer.

HTML codes for links, banners etc. provided by United Games GmbH may not be changed by partners. In case of manipulation United Games GmbH is entitled to dismiss the contract without notice.

7.0 Contractual Penalty
A contractual penalty in the amount of 3,500.00 euros plus VAT is due when a partner deliberately tries to manipulate statistics (see section 6) and the resulting payments. The same is true if a user who has been excluded from the program participates or tries to participate under a false name.

8.0 Payment
After the return period of 2 weeks, the commission accumulated until the end of the previous month is paid out automatically on 20th of a month via bank transfer or PayPal.

Payment takes place plus VAT if the partner is subject to turnover tax. Partners are obliged to inform United Games GmbH about any changes in turnover tax duty instantly with an attestation from the responsible finance authority. If there is no attestation present at time of billing, turnover tax is principally retained and transferred. A subsequent settlement is not possible due to organizational and technical reasons.

As long as the monthly balance does not exceed 25.00 euros, payment will take place together with the payment of the following month. There will be no interest. In case of an early termination by the partner, the commission is forfeited in favor of United Games GmbH if the balance is below 25.00 euros. Otherwise, payment will take place with the following billing.

9.0 Notice of Defects and Warranty
Participants have to check performance and billing instantly. Obvious defects have to be notified in written form instantly. Defects that are not obvious have to be notified in written form as soon as they are detected.

10.0 Termination
The Contract can be terminated properly with a term of three business days.

The right to termination for cause remains unaffected. United Games GmbH is entitled to terminate the contract without notice if the participant tries to manipulate contractual assessments. This is in particular valid in the case of large quantities of clicks made by the participant self, usage of misleading links or illicit content, spam, manipulation, missing integration of the HTML code or wrong indications. Further damage claims and enforcement of a contractual penalty according to section 7 of this contract as well as a criminal complaint remain reserved in any case.

11.0 Technical Defects
United Games GmbH guarantees an accessibility of the service of 95% in monthly average. Within this time, recording is warranted.

United Games GmbH is not responsible for deliberate attacks by third parties (hacker, computer viruses, DoS-attacks and the like) on servers and the internet.

12.0 Illegitimate Content
Sending unsolicited email promotion (spam), using misleading links and stating wrong email addresses, names or data is prohibited.

United Games GmbH does not check and is not responsible for the content of partner websites. The participant has to take over all damages caused to United Games GmbH originating from a violation of duty by the participant.

United Games GmbH is entitled to terminate the contract without notice in case of violation of contractual duty.

13.0 General Limitation of Liability
Compensation claims against United Games GmbH are ruled out, unless in case of deliberate or negligent behavior or violation of a contractual duty. The same is true if indirect or consequential harm caused by a defect is demanded. Every liability is limited to the damage predictable at time of conclusion of contract and damage typical for such cases.

14.0 Text Form
Declarations and changes in the contract require text form (email, fax). This is also true for repeal of text form requirements.

15.0 Data Protection
Data of the participants is saved by United Games GmbH for processing of the contract and communication within the affiliate program. The data is only used in the context of contractual performance and is not passed on to third parties or used for promotional purpose.

16.0 Severability Clause
Should one clause of these regulations be void, the effectivity of the other regulations remains unaffected.

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