4.10 In case the Internet partner places Albendirekt advertising media in e-mails (§2,2.4) the following obligations should be observed:

-          a) the owner of the e-mail address has agreed to receive advertising per e-mail (Opt-In)

-          b)the owner of the e-mail address  has confirmed that by clicking the respective  link                    

-          c) in each e-mail the owner of the e-mail address should get informed about his right to refuse further advertising and the way he can do this.

-          d) there should be no ambiguity about who the sender of the e-mail is, namely the Internet partner and not Albendirekt

-          e) the partner is not allowed to send Spam

-          f) all other judicial regulations about e-mail advertising should be exactly observed.

4.11 If the Internet partner uses the product information of Albendirekt, he has to observe the following regulations:

-          a) the Internet partner is obliged to import product information once a week, to up date his web site and thus to provide for current product information, especially for current price information.

-           b) the product information should only be used for the purpose of linking the partner’s web site with that of Albendirekt. The partner is not allowed to refer customers to other web sites, especially to those of the competitors. Should that be not the case Albendirekt reserves the right to claim for damages.

-          c) the Internet partner is obliged to remove advertising media or some of their content immediately upon request from his web site or database and delete them from the server. This can happen in case the partner breaches these conditions, or industrial property rights or other legal regulations. The partner has to notify Albendirekt immediately per e-mail about the deletion of the data. The partner is responsible for any damages to Albendirekt, which can arise out of not fulfilling the request to delete the data.         

4.12 The violation of these obligations will cause the exclusion of the partner from the Affiliate Programme and gives Albendirekt the right to claim further damages.

 § 5 Albendirekt Services

5.1 After the conclusion of the contract Albendirekt provides an individually secured field in the affiliate programme for the new partner. The partner gets the login details. Albendirekt confidentially manages the partners’ data.

5.2 Each partner will be supplied with a dealer code.

5.3 Each Internet partner creates a link on his web site to the web site of Albendirekt through which the customers can order photoproducts with Albendirekt.

5.4 If a partner does not have a web site Albendirekt can arrange a separate Internet shop for this partner. The partner’s logo will be included in the Albendirekt shop. Depending on the conditions of the contract the dealer’s shop can be in the colours chosen by him.

5.5 Albendirekt records all purchases, provides the partner with current statistic and pays the commission.

5.6 Albendirekt is responsible for the fulfilment of the purchase order and reserves the right to cancel orders without giving reasons. In such a case the partner is not entitled to commission.

5.7 A purchase order comes into effect only between Albendirekt and the customer who has used the partner’s link.

 § 6 Commission

6.1 The partner is entitled to commission for each item sold through his web site as long as the customer has paid and has not returned the purchased product.

6.2 If the client’s bank information is incorrect Albendirekt will not pay the commission until the information gets corrected. Albendirekt reserves the right to change the offered modes of payment or to cancel a mode of payment without prior notice. The partner can choose only among the offered modes of payment. The prices and the payment are always in Euro.

6.3 The commission due to the partner will be credited to his account and the amount will be paid through bank transfer at the end of the month provided that the sum is minimum 25 Euro monthly. Should the sum for the month be under 25 Euro it will be credited to the following month. Albendirekt reserves the right to pay commissions under this limit only if the minimum sum is reached. No interest is paid on withheld commissions. Withheld commissions will be paid after the end of the contractual relationship.

6.4 If the partner is liable to tax on sales he should inform Albendirekt about this and give his VAT number when registering. The partner is responsible for paying his taxes.

6.5 Albendirekt is not to pay for other expanses made by the partner while taking part in the affiliate programme.

 §7 Granting of Rights

7.1 The partner is allowed to use Albendirekt trademark and logos as far as his participation in the affiliate programme is concerned. This right is revocable, is not exclusive, not transferable and is limited to the time the partner takes part in the affiliate programme.

7.2 In case the partner breaches the above mentioned obligation the partner is obliged to pay 5 000, - Euro for each breach of contract.

 §8 Legal Entity of the Contract Parties

8.1 Albendirekt and the Internet partner are separate legal entities and operate their web sites independently. This contract is not aimed at setting up a joint venture or agency agreement. If there is an agency agreement, the partner acts as an agent only as an avocation according to §92 b of the German Commercial Law. Neither the Internet partner nor Albendirekt has the right to act on behalf of the other and/or to issue statements.

 §9 Duration of the Contract and Cancellation

9.1 This contract terminates at the end of the year, 6 months after notice is given. Should there be no notice the contract will be renewed for another year.

9.2 After the expiry of the contract the Internet partner is obliged to remove all advertising material and links to Albendirekt from his web site.

9.3 The Internet partner is entitled to commission for all sales made through his web site over the entire term of the contract.

9.4 Another period of cancellation can be accepted if there are important reasons, for example:

-         a) if the partner uses his web site for non-commercial purposes;

-         b) if important clauses get breached.

9.5 The cancellation should be in writing – e-mail or letter.

 §10 Amendments to This Contract

10.1 Albendirekt reserves the right to make amendments to this contract at any time. The Internet partner will get informed per e-mail.

10.2 The Internet partner can claim any amendment within 30 days. Should there be no claims within the stipulated time the amendments will be considered as accepted and will become part of this contract.

10.3 The Internet partner has the right to terminate the contract because of these amendments.

 §11 Liability of Albendirekt

11.1 Albendirekt is only liable for gross negligence or deliberate act. This does not apply to the quality of the products or in case there is a life or healthy risk.

11.2 Albendirekt does not guarantee a permanent access to Albendirekt web site, as well as meeting the partner’s expectations of sales and profit.

 §12 Confidentiality

12.1 Both sides are obliged to nondisclosure of information regarding the fulfilment of this contract. The information should only be used for the purposes of this contract and should not be circulated. This obligation applies after the expiry of the contract, too.

 §13 Place of Jurisdiction

13.1 Nürtingen is the place of jurisdiction.