Affiliate Terms and Conditions

Right of Withdrawal

This withdrawal policy applies exclusively to affiliates who qualify as consumers within the meaning of Section 13 of the German Civil Code (BGB). Affiliates who qualify as entrepreneurs within the meaning of Section 14 BGB are not entitled to a right of withdrawal.

Right of Withdrawal (Consumers Only)

You have the right to withdraw from the contract for participation in the SuperBuy.store Affiliate Program within fourteen (14) days without giving any reason.

The withdrawal period shall be fourteen (14) days from the date of conclusion of the contract (registration for the Affiliate Program).

To exercise your right of withdrawal, you must inform us (Ecolution GmbH, Bellevue 35, 22301 Hamburg, Germany, email: [email protected]) of your decision to withdraw from this contract by means of a clear statement (e.g., by email).

To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

Effects of Withdrawal

If you withdraw from this contract, your participation in the Affiliate Program shall terminate. From the date of termination, no future commission claims shall arise. Commission claims that have already been validly earned and have become due prior to receipt of the withdrawal notice shall remain unaffected, provided that such commissions were demonstrably generated before receipt of the withdrawal notice and no reversal of the referred sales occurs.

If the Affiliate is a consumer and requests that participation in the Affiliate Program begins before expiry of the withdrawal period, the Affiliate expressly agrees that the Operator may commence performance immediately and acknowledges that the right of withdrawal may expire once the service has been fully performed.

Model Withdrawal Form

(If you wish to withdraw from the contract, please complete and return this form.)

To:
Ecolution GmbH
Bellevue 35
22301 Hamburg
Germany
Email: [email protected]

I hereby withdraw from the contract concluded by me for participation in the SuperBuy.store Affiliate Program.

• Name of consumer: [insert name]
• Address of consumer: [insert address]
• Date: [insert date]
• Signature (only if submitted on paper): [signature]

§ 1 Scope of Application

1. These Affiliate Terms and Conditions govern the cooperation between Ecolution GmbH, the operator of the SuperBuy.store platform (hereinafter referred to as the “Operator”), and the respective affiliate partner (hereinafter referred to as the “Affiliate”).
2. By registering for the Affiliate Program, the Affiliate acknowledges and agrees to these Affiliate Terms and Conditions in their version valid at the time of registration as legally binding.
3. In addition, the conduct policies, brand guidelines, and usage policies published on the SuperBuy.store platform shall apply. These form an integral part of these Affiliate Terms and Conditions. In the event of any conflict, these Affiliate Terms and Conditions shall prevail.

§ 2 Subject Matter of the Agreement

1. The sole subject matter of the Affiliate Program is the referral of new sellers to the SuperBuy.store platform.
2. The Affiliate shall promote the platform through their own online channels, in particular via websites, social media platforms, online communities, newsletters, or comparable digital media.
3. A claim for commission shall arise exclusively in respect of sellers who can be clearly attributed to the Affiliate in accordance with the provisions set out below.

§ 3 Eligibility for Participation

1. Natural persons, legal entities, and registered associations, whether domestic or international, are eligible to apply for participation in the Affiliate Program.
2. The Operator reserves the right to accept or reject applications for participation in the Affiliate Program in accordance with applicable law. Decisions shall be made at the Operator’s reasonable discretion, taking into account legitimate business interests and compliance requirements.
3. The Affiliate undertakes to provide complete, accurate, and up-to-date information during registration and throughout participation in the Affiliate Program, and to promptly update any changes to such information.

§ 4 Coupon Codes and Attribution

1. Each Affiliate shall be assigned one or more individual coupon codes for the purpose of attribution.
2. A newly referred seller may enter a valid coupon code during the verification process of their seller account.
3. Depending on the specific program structure, a newly referred seller may receive a discount on the verification fee upon use of a valid coupon code.
4. The entry of a coupon code serves exclusively for the technical attribution of the seller to the respective Affiliate and for the proper recording of sales transactions within the tracking system operated by the Operator.
5. If no valid coupon code is entered during the verification process, subsequent attribution shall be excluded. In such case, no commission claim shall arise.
6. The Operator shall not be responsible for incorrect, incomplete, omitted, or technically unsuccessful coupon code entries, nor for attribution failures resulting from technical errors, system outages, software or browser settings, cookie restrictions, consent management tools, ad blockers, data protection settings, or other circumstances beyond the Operator’s reasonable control.
7. The tracking data recorded in the Operator’s system shall be decisive for the determination of commission claims, unless the Affiliate provides evidence of manifest technical error.

§ 5 Commission and Remuneration Model

1. The Affiliate shall receive a commission of up to 3% of the sales commission actually and irrevocably received by the Operator from sellers referred by the Affiliate.
2. The applicable commission rate shall be determined by the commission model published in the Affiliate dashboard at the time the commission is generated.
3. If the Affiliate refers a new seller using a valid coupon code, the Affiliate shall receive the agreed percentage commission on all sales generated by that seller until and including 31 December 2027, provided that:
   • the respective transaction has been fully paid and settled,
   • no refund, cancellation, chargeback, reversal, dispute, or offset has occurred,
   • the transaction is not subject to fraud suspicion, abuse, or compliance review.
4. Commission claims shall arise solely for transactions that have been effectively completed, fully settled, and not subsequently reversed.
5. In the event that a transaction giving rise to commission is subsequently refunded, cancelled, reversed, charged back, disputed, or otherwise invalidated, the Operator shall be entitled to deduct the corresponding commission from future commission payments (clawback).
6. If the Affiliate’s commission account shows a negative balance due to reversals, chargebacks, fraud adjustments, or compliance corrections, the Operator shall be entitled to offset such negative balance against future commission claims. If no future commission claims arise, the Affiliate shall reimburse the negative balance upon written request.
7. Upon termination of the Affiliate Agreement, any and all future commission claims shall cease. No commission shall be payable for transactions occurring after termination, even if the respective seller was originally referred by the Affiliate.
8. Commission claims shall expire within twelve (12) months from the date on which they become due, unless asserted by the Affiliate in text form within that period, unless mandatory statutory limitation periods provide otherwise. The relevant date for commencement of the limitation period shall be the respective commission statement made available in the Affiliate dashboard.
9. After 31 December 2027, any entitlement to commission shall automatically expire unless otherwise agreed in writing.

§ 6 Invoicing and Payment

1. Commissions shall become due only once:
   • the respective transaction has been fully paid and irrevocably settled,
   • any applicable statutory withdrawal period has expired, and
   • no refund, cancellation, chargeback, dispute, or reversal has occurred.
2. Prior to any payout, the Affiliate shall issue a proper invoice to Ecolution GmbH that complies with all applicable tax laws and formal invoicing requirements.
3. Payment shall be made only after receipt of a duly issued invoice and successful verification by the Operator. The Operator reserves the right to withhold payment in the event of incomplete, incorrect, or non-compliant invoicing.
4. The Affiliate shall be solely responsible for the correct declaration and payment of all taxes, duties, and other statutory charges arising from the commission income.
5. International Affiliates shall independently ensure compliance with all tax, commercial, reporting, and other legal obligations applicable in their country of residence or establishment.
6. The Operator may withhold payments where required by applicable law, tax regulations, anti-money laundering provisions, sanctions regimes, or compliance requirements.

§ 7 Tax Reporting Obligations (DAC7 and International Regulations)

1. The Affiliate acknowledges that the Operator may be subject to national and international tax reporting obligations, including but not limited to the EU Directive 2021/514 (DAC7), OECD reporting frameworks, the U.S. Internal Revenue Code (including Form 1099 reporting, where applicable), and comparable domestic or foreign regulations.
2. The Affiliate shall provide, upon request and without undue delay, all information and documentation required for compliance with such reporting obligations. This may include, but is not limited to, full legal name, residential or business address, tax identification number(s), VAT identification number (if applicable), date and place of birth (for natural persons), and any other legally required information.
3. The Affiliate warrants that all information provided for tax and reporting purposes is accurate, complete, and up to date. The Affiliate shall promptly notify the Operator of any changes to such information.
4. The Operator shall be entitled to withhold, suspend, or defer commission payments if required information is not provided, cannot be verified, or if legal reporting obligations cannot otherwise be fulfilled.
5. Where legally required, the Operator may report the Affiliate’s identity, payment information, and income data to the competent tax authorities without further consent or notification, unless mandatory statutory provisions provide otherwise.
6. The Affiliate is solely responsible for the proper declaration and payment of any taxes arising from commission income in their respective jurisdiction.

§ 8 Data Protection (GDPR)

1. The processing of personal data within the framework of the Affiliate Program shall be carried out in accordance with the General Data Protection Regulation (GDPR), where applicable, as well as any other relevant data protection laws, and the Privacy Policy published on the SuperBuy.store platform in its current version.
2. The Affiliate shall be independently responsible for compliance with all applicable data protection and privacy laws in connection with their own marketing, tracking, and communication activities. This includes, in particular, the lawful use of cookies, tracking technologies, analytics tools, and email marketing activities, as well as the obtaining of any necessary consents.
3. Unless expressly agreed otherwise in writing, the Operator and the Affiliate shall act as independent controllers within the meaning of applicable data protection laws. No joint controllership pursuant to Article 26 GDPR shall be deemed to exist.
4. If and to the extent that the Affiliate processes personal data on behalf of the Operator, the parties shall conclude a separate data processing agreement in accordance with Article 28 GDPR or applicable equivalent regulations.

§ 9 Affiliate Obligations and Anti-Fraud Policy

1. The Affiliate shall use the Affiliate Program exclusively in compliance with these Affiliate Terms and all applicable laws, regulations, and industry standards.
2. In particular, the Affiliate undertakes:
   • not to engage in misleading, deceptive, unfair, or unlawful advertising practices,
   • not to make false or misleading statements regarding the platform or its services,
   • not to manipulate or attempt to manipulate the coupon, tracking, registration, or remuneration system,
   • not to generate artificial, automated, fictitious, or abusive seller registrations,
   • not to engage in self-referrals, multi-account structures, or circumvention practices for commission generation,
   • not to send unsolicited communications (spam),
   • not to infringe any trademark, copyright, competition law, or other proprietary rights of the Operator or third parties.
3. The Affiliate may use trademarks, logos, and promotional materials provided by the Operator solely within the scope of the Affiliate Program and in accordance with the applicable brand and usage guidelines. Any modification, alteration, distortion, or use beyond the authorized scope is prohibited without prior written consent.
4. Fraudulent or abusive conduct shall include, in particular:
   • intentional circumvention of the coupon or tracking system,
   • use of unauthorized technical means (e.g., bots, scripts, automated processes),
   • creation of fictitious or non-genuine seller accounts,
   • collusion with third parties to artificially increase commission volumes,
   • any conduct aimed at obtaining unjustified commissions.
5. The Operator does not guarantee uninterrupted or error-free availability of the tracking or billing systems and shall not be liable for technical disruptions beyond its reasonable control.
6. In the event of culpable breach or confirmed fraud, the Operator shall be entitled, at its reasonable discretion and in compliance with applicable law:
   • to suspend or terminate the Affiliate’s participation with immediate effect,
   • to withhold, reduce, or cancel outstanding commission claims,
   • to reclaim commissions already paid (clawback),
   • to offset damages against future commission claims, and
   • to assert further contractual or statutory claims, including claims for damages.

§ 10 Term and Termination

1. Participation in the Affiliate Program shall be concluded for an indefinite period.
2. Either party may terminate the Affiliate Agreement at any time without cause by giving notice in text form (e.g., by email).
3. The right of either party to terminate the Agreement with immediate effect for good cause shall remain unaffected. Good cause shall exist in particular in the event of:
   • breach of material contractual obligations,
   • reasonable suspicion or confirmation of fraud or abusive conduct,
   • violation of applicable laws or regulatory requirements,
   • intentional false or misleading information provided during registration or participation,
   • material impairment or reputational damage to the platform.
4. Upon termination of the Agreement, the Affiliate’s right to participate in the Affiliate Program shall cease immediately. No commission shall accrue for transactions occurring after the effective date of termination.
5. The Operator reserves the right to withhold outstanding commission payments for a reasonable period following termination in order to verify compliance, detect potential fraud, and account for chargebacks, refunds, or reversals.

§ 11 Limitation of Liability

1. The Operator shall be liable without limitation in cases of intent (wilful misconduct) or gross negligence.
2. In cases of ordinary negligence, the Operator shall be liable only for the breach of material contractual obligations (cardinal obligations). In such cases, liability shall be limited to the foreseeable damage typical for this type of agreement at the time of conclusion of the contract.
3. To the fullest extent permitted by applicable law, liability for indirect damages, consequential damages, incidental damages, loss of profits, loss of revenue, loss of data, or business interruption is excluded.
4. The above limitations of liability shall not apply in cases of injury to life, body, or health, in cases of fraudulent concealment of defects, or where liability is mandatory under applicable statutory law.

§ 12 Final Provisions

1. These Affiliate Terms and the contractual relationship between the parties shall be governed exclusively by the laws of the Federal Republic of Germany, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG).
2. If the Affiliate is an entrepreneur within the meaning of Section 14 of the German Civil Code (BGB), a legal entity under public law, or a special fund under public law, the exclusive place of jurisdiction for all disputes arising out of or in connection with this Agreement shall be Hamburg, Germany.
3. For Affiliates qualifying as consumers, the applicable statutory jurisdiction provisions shall apply.
4. To the extent legally permissible, the place of performance for all obligations arising from this contractual relationship shall be the registered office of Ecolution GmbH.
5. Should any provision of these Affiliate Terms be or become invalid, unenforceable, or incomplete, the validity of the remaining provisions shall remain unaffected. The invalid or unenforceable provision shall be replaced by a valid and enforceable provision that most closely reflects the economic intent of the original provision. The same shall apply in the event of any contractual gap.
6. The Operator reserves the right to amend these Affiliate Terms for legitimate reasons, including legal, regulatory, or technical requirements. Affiliates shall be notified of amendments in text form. Amendments shall be deemed accepted unless the Affiliate objects within 30 days of notification.