Budoten Affiliate-Programme

Associates Programme Operating Agreement

§ 1 Enrolment in the Programme

Subject matter of the contract is commercial electronic advertising at affiliates by Budoten. The affiliate will earn success-related referral fees, which will depend on the actual produced sales with products targeted with special "tagged" link formats to be used in all links between your site and our site.

A "Product" is any product or service listed on the Budoten.com Site that is fulfilled or carried out by us or on our behalf, or any product sold by a third party seller on the Budoten.com Site

Services and purchases of products sold by a third party through a site linked to or from our site or reduced products or products purchased from our special offer section, will not generat referral fees.

§ 2 Links

  • To permit accurate tracking, reporting, and referral-fee accrual, we will provide you with special "tagged" link formats to be used in all links between your site and our site. You must ensure that each of the links between your site and our site properly utilizes such special link formats.
  • Identification as affiliate: The affiliate will identify themselves as affiliate of Budoten. Budoten will provide you with guidelines and graphical artwork to use in linking to our home page. The affiliate may provide a general link on his site to our homepage http://www.budoten.com
  • A change of the affiliate's website URL does not affect this agreement and leaves is rights and obligations unaffected.
  • You will earn referral fees only with respect to activity on our site occurring directly through Special Links; we will not be liable to you with respect to any failure by you to use Special Links, including to the extent that such failure may result in any reduction of amounts that would otherwise be paid to you pursuant to this Agreement.

§ 3 Order Processing

We reserve the right to reject orders that do not comply with any requirements that we periodically may establish.

Budoten reservers the right to reject orders of customers who are not creditworthy or don't pay by prepayment. Budoten will be responsible for all aspects of order processing. Among other things, Budoten will prepare order forms; process payments, cancellations and returns; and handle customer service.

We will track sales made to customers who purchase Products using Special Links from your site to our site and will make available reports summarising this sales activity. The form, content and frequency of the reports may vary from time to time at our discretion. To permit accurate tracking, reporting and fee accrual, you must ensure that the Special Links between your site and our site are properly formatted. We will not be liable for paying referral fees on purchases that are not correctly tracked and reported because the links between your site and our site are not properly formatted.

§ 4 Referral Fees

For a product sale to generate a referral fee, the customer must follow a Special Link (in the format specified by us) from your site to the Budoten.com Site and add the Product to his or her shopping cart and purchase the Product. We will only pay referral fees on such Products after order, payment and shipping have occurred.

Budoten will not, however, pay referral fees on any Products that are added to a customer's Shopping Basket or are purchased by any other method offered by Budoten from time to time, after the customer has re-entered our site (other than through a Special Link from your site), even if the customer previously followed a link from your site to our site.

It is agreed that sales of products through websites operated by companies which are associated with Budoten shall not the be subject of this contract and do not generate any referral fees (commissions), which are generated only by items with product id's starting with no. 1-8.

The Budoten - supply is only for directed to consumers; purchases for the affiliate themselve ("payee" or "recipient" or "contact person") will not generate any referral fees. In addition, you may not: directly or indirectly offer any person or entity any consideration or incentive, or granting of any discount or other benefit for using Special Links on your site to access our site.

§ 5 Referral Fee Schedule

Subject to the other terms of this Agreement, you will earn Qualifying Revenues (defined below) from sales of all Budoten Qualifying Product units sold during sessions initiated through Special Links on your site as follows

  • 5% basic referral fee
  • 7,5% from 200 orders a month
  • 10% from 500 orders a month
  • 12,5% from 1500 orders a month
  • 15% from 2000 orders a month

Notwithstanding the foregoing, the referral fee payable on any Product under the Performance Fee Structure is limited to a maximum of 7,50 Euro per item.

Referral fees (commissions) are calculated based on the paid price of the purchased items.

§ 6 Fee Payment

We will pay the the fee on request. By choice of the affiliate, we will pay by money transfer or cheque.

We will pay the fee minus those duties we are obliged to collect by law. Budoten will withhold referral fees until the total amount due is at least 15,00  Euro (or until this Agreement terminates, if earlier).

If a Product that generated a referral fee is returned or was not paid in due by the customer, we will deduct the corresponding fee from your next monthly payment. If there is no subsequent payment, we will send you an invoice for the fee.

§ 7 Policies and Pricing

For the avoidance of doubt, customers who buy Products through this Programme will be customers of the Budoten.com Site. Accordingly, all Budoten.com Site rules, policies and operating procedures concerning customer orders, customer service and Product sales will apply to those customers. We may change our policies and operating procedures at any time. For example, we will determine the prices to be charged for Products sold under this Programme in accordance with its own pricing policies.

Budoten may change rules and other procedure (e.g. organization, order) at any time.

Product prices and availability may vary from time to time.

The affiliate may copy exclusively the following content from the Budoten Website to promote his links:

  • products images - maximum 100
  • "Budoten " product descriptions
  • "short descriptions"
  • other information from the database (e.g. product id, title, author, etc.)

Because price changes may affect Products that you already have listed on your site, you must not include price information in your Product descriptions and price changes might occure quite often. Only the Budoten website is updated on a regulary.

You may not copy the following contents:

  • any description, which is not signed as "Budoten" description, including all remarks and reviews of customers,
  • Budoten Sales Ranking

We will use commercially reasonable efforts to present accurate information, but we cannot guarantee the availability or price of any particular Product.

§ 8 Specifications of the Affiliate Website

Budoten will provide you with graphics, texts which the affiliate may use for presenting the advertisement and links of Budoten.

§ 9 Limited Licence

Budoten grants you a nonexclusive, revocable right to use the graphic image and text described in Section 8 and such other text or images for which we grant express permission, solely for the purpose of identifying your site as a Programme participant and to assist promote the sale of Products on our Site. You may not modify the graphic image and text or any of our images in any way. We reserve all of our rights in the graphic image and text, any other images, our trade names and trademarks, and all other intellectual property rights. You agree to follow our Trademark Guidelines, as those guidelines may change from time to time.

Budoten may revoke these rights at any time by giving you written notice.

§ 10 Responsibility for Your Site

You will be solely responsible for the development, operation and maintenance of your Site and for all materials that appear on your Site. For example, you will be solely responsible for:

  • the technical operation of your site and all related equipment,
  • creating and posting Product descriptions on your Site and linking those descriptions to the Budoten.com Site catalogue using Special Links;,
  • the accuracy and appropriateness of materials posted on your Site (including, among other things, all Product-related materials),
  • ensuring that materials posted on your Site do not breach or infringe upon the rights of any third party (including, for example, copyrights, trademarks, database rights, privacy or other personal or proprietary rights).

We and our Affiliates disclaim all liability for these matters. Further, you will indemnify and hold us and our Affiliates harmless from all claims, damages and expenses (including, without limitation, legal fees) relating to the development, operation, maintenance and contents of your Site.

§ 11 Relationship of Parties

You and we are independent contractors and nothing in this Agreement will create any partnership, joint venture, agency, mandate (“Mandat”) or representation, franchise, sales representative, or employment relationship between the parties or our respective Affiliates. You will have no authority to make or accept any offers or representations, declarations, guarantees, obligations or warranties on our or our Affiliates' behalf, including with respect to our or our Affiliates Products or services.

§ 12 Limitation of Liability

Budoten will not be liable for any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure) or any indirect or consequential loss arising in connection with this Agreement or the Programme if such losses were not reasonably foreseeable to both you and us when this Agreement was formed. Further, our aggregate liability arising with respect to this Agreement and the Programme will not exceed the total referral fees paid or payable to you under this Agreement at the time that the event giving rise to the liability arises.

Notwithstanding the previous paragraph, nothing in this Agreement will operate to exclude: (i) liability for death or personal injury arising as a result of the negligence of either party, its employees, agents or authorised representatives, (ii) either party’s contractual liability for gross negligence or wilful misconduct, or (iii) any liability which may not be excluded or limited under the applicable law.

§ 13 Disclaimer

To the fullest extent permitted by law, Budoten makes no express or implied warranties or representations with respect to the Programme or any Products sold through the Programme (including, without limitation, warranties of fitness, merchantability, non-infringement or any implied warranties arising out of a course of performance, dealing, or trade usage), and the same are hereby excluded. In addition, we make no representation, declarations or guarantees that the operation of our site will be uninterrupted or error-free and none of us will be liable for the consequences of any interruptions or errors.

§ 14 Term of the Agreement

The term of this Agreement will begin upon our acceptance of your Programme application and will end when terminated by either party with a deadline of seven days.

An extraordinary notice of cancellation for significant reasons ist agreed.

Significant reasons are for instance:

  • breach of contractual agreements (e.g. prohibition of refunds to customers, non-disclosure agreement, violation of the specifications of the affiliate website as given in § 8, violation of limited licence agreement § 9, in particular the revokation by Budoten, responsibility for your site § 10 ),
  • bankruptcy or composition proceedings,
  • essential changes on associates or possessors of one party.

The notice of termination must be given to the other party in writing, by letter, fax or email:
Budoten Limited, Lindenweg 5, D-04910 Elsterwerda
fax: +49 3533 - 4890585 email: info@budoten.com

§ 15 Consequences of Term of the Agreement

Upon termination of this Agreement, you must immediately cease use of, and remove from your Site, all links to the Site and all Budoten trademarks, trade names and logos and all other material by or on behalf of us to you in connection with the Programme.

You are only eligible to earn referral fees on sales of Qualifying Products occurring during the term and fees earned up to the date of termination will remain payable only if the related orders are not cancelled or returned. We may withhold your final payment for a reasonable time to ensure that the correct amount is paid, latest 30 days upon ending of the respective quarter.

Claims on compensation in conjunction with the end of this contract are excluded.

Parts of the agreement which will apply due to its nature after termination, will continue to have legal effect.

§ 16 Modification

Budoten may modify any of the terms and conditions contained in this Agreement, at any time and at our sole discretion, by posting a change notice or a new agreement on our site. Modifications may include, for example, changes in the scope of available referral fees, fee schedules, payment procedures and Programme rules.

IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOUR ONLY RECOURSE IS TO TERMINATE THIS AGREEMENT WITHIN SEVEN DAYS OF PUBLICATION. YOUR CONTINUED PARTICIPATION IN THE PROGRAMME FOLLOWING OUR POSTING OF A CHANGE NOTICE OR NEW AGREEMENT ON OUR SITE WILL CONSTITUTE BINDING ACCEPTANCE OF THE CHANGE.

§ 17 Changes of Agreement

This agreement represents the contractual agreements of both parties to its full extent and replace any previous agreements. There are no side agreements. Any change or addition of this agreement must be made in writing. This shall also apply to the waiver of the requirement of writing.

§ 18 Partial Voidness

If a regulation of this agreement is, or becomes, ineffective or infeasible, then the effective or feasible remaining regulations remain unaffected.

§ 19 Applicable Law

German law shall be applicable.

This information is intended solely for informational purposes; the original German text is legally binding.


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