Conditions of participation for the IOXIO Affiliate Program

These program conditions ("Program Conditions") apply to the affiliate program of the online store www.ioxio.de ("IOXIO Online Shop") of High Tech Ceramic Rieser GmbH, Auf der Ahl 123, 65207 Wiesbaden ("IOXIO" brand name).

General information
The Publisher must be confirmed by High Tech Ceramic Rieser GmbH for participation in the "IOXIO" HIGH TECH CERAMIC RIESER GMBH Affiliate Program. With the Publisher's application to the "IOXIO" HIGH TECH CERAMIC RIESER GMBH Affiliate Program, the Publisher agrees to the validity of these program conditions.

Operators of reimbursement systems with a monthly or annual fee cannot participate in the "IOXIO" HIGH TECH CERAMIC RIESER GMBH Affiliate Program. The contract for participation in the HIGH TECH CERAMIC RIESER GMBH Affiliate Partner Program on the basis of these program conditions only comes into effect upon confirmation of participation by HIGH TECH CERAMIC RIESER GMBH. Any contractual terms and conditions of the Publisher shall not become part of the contract, even if HIGH TECH CERAMIC RIESER GMBH does not expressly object to them.

Requirements for the Publisher's website

The Publisher is fully responsible for the content, setup, operation and maintenance of its website.This also includes all materials that appear on the website.The Publisher warrants that its Website does not contain any depiction of violence, sexually suggestive images or discriminatory, offensive or defamatory statements regarding race, gender, religion, nationality, disability, sexual orientation and/or age. This also includes the trivialization or glorification of drugs and weapons, content harmful to minors and inappropriate use of language as well as links/references to other websites with such content.

The Publisher also guarantees that its website does not contain any political content and that no illegal activities are carried out or in any other way endorsed or positively evaluated.

In connection with the operation of its website, the Publisher is obliged to comply with all statutory information obligations incumbent upon it (e.g. imprint, data protection declaration), data protection requirements (e.g. when using cookies) and other relevant statutory provisions.

The Publisher's website must not give the impression that the Publisher represents HIGH TECH CERAMIC RIESER GMBH in legal transactions or is authorized to make and/or receive declarations with effect for or against HIGH TECH CERAMIC RIESER GMBH. The Publisher acts neither as a commercial agent nor as a commission agent of HIGH TECH CERAMIC RIESER GMBH. The Publisher shall ensure that no such impression is created by its website.

Prohibited actions

The Publisher is not authorized to make or accept offers on behalf of HIGH TECH CERAMIC RIESER GMBH or to represent HIGH TECH CERAMIC RIESER GMBH.

Advertising the brands or the "IOXIO" HIGH TECH CERAMIC RIESER GMBH online store via spam mails is expressly prohibited. If newsletters or other advertising e-mails are sent, the recipient must have consented to receiving such e-mails in advance by means of a "double opt-in". Under no circumstances may the impression be created that HIGH TECH CERAMIC RIESER GMBH has initiated the dispatch. In addition, the sending publisher must be clearly recognizable as the responsible sender of the newsletter or advertising email and identifiable via the legal notice.

The advertising of the brands in or via layer and banner networks, as well as in or via clammeless, paid mail, paid banner and paid click programs is not permitted. In addition, within the framework of the "IOXIO" HIGH TECH CERAMIC RIESER GMBH affiliate program, post-view activities are only permitted in exceptional cases and with the prior consent of HIGH TECH CERAMIC RIESER GMBH.

The Publisher's website must not contain any spyware, adware, malware, viruses or other harmful code. The use of any software or proxy services that manipulate URLs and replace them with affiliate tracking links is prohibited. Any software or proxy services that replace advertising banners within pages accessed in the browser with their own advertising banners are also not permitted.

In particular, invisible embedding or integration of iFrames, pop-ups and pop-under applications that load an advertising medium or the "IOXIO" HIGH TECH CERAMIC RIESER GMBH online store in order to set a cookie for the user (without the user's involvement) is prohibited.

The use of adware networks such as Zango or Hotbar is also prohibited.

The publisher may only use the address (URL) with which he has registered for the "IOXIO" HIGH TECH CERAMIC RIESER GMBH affiliate program as the visible URL.

The advertising of our brand products as a so-called CSS Partner (Comparison Shopping Service Partner) in Google Ads Shopping is not permitted.

The Publisher's website must not in any way create a risk of confusion with the "IOXIO" HIGH TECH CERAMIC RIESER GMBH online store or give the impression that the Publisher's website is part of the "IOXIO" HIGH TECH CERAMIC RIESER GMBH online store.

No materials may be used that have not been provided by HIGH TECH CERAMIC RIESER GMBH or approved by HIGH TECH CERAMIC RIESER GMBH.

It is not permitted to place tracking links in such a way that they redirect directly to the HIGH TECH CERAMIC RIESER GMBH website or online store in the event of misspellings (e.g., but not limited to, www.ioxio.de). An actual advertising service must be provided through the visible placement of the advertising material provided on the publisher website.

Any kind of URL hijacking, typosquatting and cookie dropping is strictly prohibited.

Crawling the IOXIO.de web pages of the "IOXIO" HIGH TECH CERAMIC RIESER GMBH online store is prohibited.

The use of so-called "forced clicks" is also prohibited.

Voucher white label solutions are excluded from the "IOXIO" HIGH TECH CERAMIC RIESER GMBH affiliate program.

The advertising material provided or permitted for a partner segment may not be transferred or used for another partner segment.

The integration of non-network vouchers is prohibited.

Any violation of one of the rules stated in the conditions of participation may lead to the immediate exclusion of the Publisher from the "IOXIO" "IOXIO" HIGH TECH CERAMIC RIESER GMBH Affiliate Program without notice and the cancellation of all open sales.

Obligations of the Publisher

In order to ensure proper tracking, reporting and billing of referred orders, the Publisher undertakes to use exclusively and in unchanged form the links, including the target URL, as they are made available to him within the framework of the "IOXIO" "IOXIO" HIGH TECH CERAMIC RIESER GMBH Affiliate Program. The Publisher also undertakes not to disguise the referrer or to modify it through the use of special programs.

The Publisher undertakes to check that the links, logos and other advertising material provided by HIGH TECH CERAMIC RIESER GMBH are up to date on a regular basis (at least once a quarter) and to replace them.

The links may only be integrated on the website specified by the Publisher when registering for the
"IOXIO" "IOXIO" HIGH TECH CERAMIC RIESER GMBH Affiliate Program.

In the event of a domain change, the Publisher undertakes to inform HIGH TECH CERAMIC RIESER GMBH at least one month in advance.

Unless HIGH TECH CERAMIC RIESER GMBH objects to the use, the new domain is authorized.  

The publisher guarantees complete transparency with regard to the integration of the IOXIO brand. He undertakes to disclose all pages that are used to advertise the IOXIO brand. If this is not the case, HIGH TECH CERAMIC RIESER GMBH reserves the right to exclude the Publisher from the "IOXIO" "IOXIO" HIGH TECH CERAMIC RIESER GMBH Affiliate Program. This also includes the foreign affiliate programs of companies affiliated with HIGH TECH CERAMIC RIESER GMBH.

Rights of use

Upon confirmation of participation, the Publisher receives a non-exclusive, non-transferable right, revocable at any time, to use the links, IOXIO brand logos and other materials provided for the purpose of advertising the "IOXIO" HIGH TECH CERAMIC RIESER GMBH online store.

This right applies only to enable users to purchase our IOXIO brand products.

IOXIO brand within the meaning of these conditions of participation are such IOXIO brand and trademark rights registered by HIGH TECH CERAMIC RIESER GMBH or its affiliated companies within the meaning of §§ 15 ff. AktG ("affiliated companies") or registered to them ("HIGH TECH CERAMIC RIESER GMBH IOXIO trademark").

Any use of the HIGH TECH CERAMIC RIESER GMBH IOXIO trademark, copyrights and all other rights of HIGH TECH CERAMIC RIESER GMBH or of affiliated companies or rights licensed by third parties is only permitted with the prior written consent of HIGH TECH CERAMIC RIESER GMBH.

The use of IOXIO trademarks by third parties is not permitted. The respective IOXIO brand owner reserves the sole right to advertise the brand by name on Google and social networks such as Facebook. The publisher is not permitted to advertise in search engine marketing programs e.g. Google Ads, Microsoft Ads, AOL, Naver, Yandex, Baidu etc. with the IOXIO brand names in the ad title (such as "IOXIO" and "HIGH TECH CERAMIC RIESER GMBH"). This also applies to IOXIO trademark combinations such as "HIGH TECH CERAMIC RIESER GMBH Gutscheine" as well as to any misspellings - not even in other languages.

The use of the IOXIO trademark, either in or as part of a domain/sub-domain/metatext of a publisher website, as well as the positioning within an advertising text or as a display URL is strictly prohibited. Any infringement will be prosecuted.

The IOXIO brand may not be used as a reference, nor may the contractual relationship with HIGH TECH CERAMIC RIESER GMBH be advertised in any other way without the prior written consent of HIGH TECH CERAMIC RIESER GMBH.

The materials provided may not be revised or changed in any way.

The Publisher's rights of use granted under these Program Terms and Conditions shall expire upon termination of participation in the HIGH TECH CERAMIC RIESER GMBH Affiliate Program.  

Cookie term and remuneration conditions

The cookie term for Click is 60 days, whereby the "last cookie wins" principle is applied.

Commercial orders are not remunerated.

Orders via onestop-shopping cooperation partners are not remunerated.

Only one order per session will be remunerated.

Contract amendments and termination

HIGH TECH CERAMIC RIESER GMBH may amend these program terms and conditions or terminate the "IOXIO" HIGH TECH CERAMIC RIESER GMBH Affiliate Program at any time.

HIGH TECH CERAMIC RIESER GMBH will inform the Publisher of any changes by email. Changes may concern in particular remuneration, payment modalities as well as prohibitions and restrictions.

If the adjustment is not acceptable to the Publisher, the Publisher may terminate participation in the "IOXIO" HIGH TECH CERAMIC RIESER GMBH Affiliate Program.

Furthermore, HIGH TECH CERAMIC RIESER GMBH reserves the right to exclude a Publisher from participation in the "IOXIO" HIGH TECH CERAMIC RIESER GMBH Affiliate Program and/or to withhold commissions for justified reasons at any time without giving reasons.

In the event that Publisher's participation in the "IOXIO" HIGH TECH CERAMIC RIESER GMBH Affiliate Program is terminated for any reason, Publisher shall immediately remove all links to the websites of the "IOXIO" HIGH TECH CERAMIC RIESER GMBH Online Shop and shall refrain from further using, displaying or otherwise making use of any HIGH TECH CERAMIC RIESER GMBH content. The Publisher must irrevocably delete all content in its sphere.
 

Confidentiality

The Publisher is obliged to treat all confidential information, business and trade secrets of HIGH TECH CERAMIC RIESER GMBH obtained within the framework of the contractual relationship as confidential, in particular not to pass them on to third parties or to utilize them for purposes other than contractual purposes. The fulfillment of legal obligations of the Publisher remains unaffected by this.  

Confidential information is information that a reasonable third party would consider worthy of protection or that is marked as confidential; this may also be information that becomes known during an oral presentation or discussion. Confidential information may only be used for the purpose of fulfilling the obligations arising from the contract. The obligation of confidentiality does not apply to information which is already lawfully known to the Publisher or which becomes known outside the contract without breach of a confidentiality obligation.  

The confidentiality obligation shall continue to apply for a period of 3 years after the end of the contractual relationship.

Liability

HIGH TECH CERAMIC RIESER GMBH shall be liable in accordance with the statutory provisions in the event of intent and gross negligence, including on the part of legal representatives and vicarious agents. The same applies to culpably caused damage resulting from injury to life, limb or health, to damage caused by the absence of a guaranteed quality, and in the case of fraudulently concealed defects. HIGH TECH CERAMIC RIESER GMBH shall only be liable for property damage and financial loss caused by slight negligence on the part of HIGH TECH CERAMIC RIESER GMBH, its legal representatives or vicarious agents in the event of a breach of a material contractual obligation, but limited in amount to the damage foreseeable and typical for the contract at the time of conclusion of the contract. Essential contractual obligations are those whose fulfillment is essential for the proper execution of a contract and on whose compliance the contracting parties regularly rely and may rely. Liability under the Product Liability Act shall remain unaffected. Any further liability on the part of HIGH TECH CERAMIC RIESER GMBH is excluded.

HIGH TECH CERAMIC RIESER GMBH shall not be liable for disruptions to the availability of the IOXIO online store or for outages.

The Publisher shall indemnify HIGH TECH CERAMIC RIESER GMBH and the companies affiliated with HIGH TECH CERAMIC RIESER GMBH against all third-party claims (e.g. from warnings, claims for damages, liability claims) and any associated costs, including court and legal costs, which are caused by the Publisher's causal conduct or arise from a breach of these Terms and Conditions of Participation. This applies in particular to infringements of copyright, IOXIO trademark, design, competition, telemedia and data protection rights or other third-party rights.

Final provisions

The offsetting or exercise of a right of retention by the Publisher due to disputed or not legally established counterclaims is excluded.

Conditions and agreements deviating from these program conditions require written confirmation by HIGH TECH CERAMIC RIESER GMBH to be effective. This also applies to the waiver of this written form requirement.

The Publisher may not assign the rights and obligations incumbent upon it in whole or in part without the prior written consent of HIGH TECH CERAMIC RIESER GMBH. HIGH TECH CERAMIC RIESER GMBH is permitted to assign the rights and obligations incumbent upon it, in particular to affiliated companies.

The Publisher may not assign the rights and obligations incumbent upon it in whole or in part without the prior written consent of HIGH TECH CERAMIC RIESER GMBH.

HIGH TECH CERAMIC RIESER GMBH is permitted to assign the rights and obligations incumbent upon it, in particular to affiliated companies.Should any provision of these Program Terms and Conditions be or become invalid, this shall not affect the legal validity of the remaining provisions.The exclusive place of jurisdiction for disputes in connection with contracts to which these Terms and Conditions of Purchase apply shall be Cologne, Germany. HIGH TECH CERAMIC RIESER GMBH shall, however, be entitled to take legal action against the Publisher in the court otherwise having jurisdiction.

All legal relations between the Publisher and HIGH TECH CERAMIC RIESER GMBH shall be governed by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods.