Terms and conditions of participation in the Douglas Nordic AS partner program
1. These general terms and conditions of participation regulate the collaboration between the distribution partners (affiliates / cooperation partners) and Douglas Nordic AS (hereinafter referred to as “Douglas”) within the framework of Douglas' affiliate private network (pvn.Douglas.no).
The participants in the partner programme must be at least 18 years of age and must be fully competent.
2. Creation, content and maintenance of the partner website
(1) We shall provide you with a selection of graphic and text links (hereinafter referred to as “Links”) for your website via our private network, for use in accordance with the Agreement. You may insert only these Links in an appropriate number in all suitable areas of your website. In doing so, the Links may only be integrated into the website whose address (URL) you specified when you registered for the Douglas partner programme. Any use in newsletters must be carried out in direct connection with the specified website. The Links serve to identify your website in our partner network and to establish the connection from your website to our website. A connection to our website may only be established using these Links. The Links can refer to different areas of our website. In the event of a change of the domain of your website, you shall notify Douglas in advance and shall save these changes immediately in the respective partner network used. The continued use of the Links under the new domain is permitted as long as Douglas does not object. The same applies in the case of a change of the focus or the commercial subject matter of your website.
(2) It is mandatory to observe our instructions for the installation of the Links with regard to their technical set up and maintenance. To ensure exact billing, you should only use the Links Douglas provides to you. To guarantee up-to-datedness, you shall regularly replace the contents promptly with the newly edited texts we provide unless they are dynamically maintained or changed by Douglas.
(3) The maintenance of your website lies exclusively within your responsibility. As long as you use our Links, you shall regularly and promptly replace the information and Links connected to Douglas products, and delete the obsolete Links and contents unless they are dynamically maintained or changed by Douglas.
(4) You will not build your website in a way causes any danger of confusion with our website or gives the impression that your website is our website or part of our website. Your domain name (URL), the title and the meta tags of your website shall in particular not include the words “www.Douglas.it”, “Douglas.it”, “Douglas”, “Douglas Profumeria”, “Douglas-profumeria”, “Profumeria Douglas” or “profumeria-Douglas” or any deliberate misspellings of the aforementioned words. In addition, misspellings of our domain www.Douglas.it are not permitted in any way, regardless of the type of use.
(5) You shall guarantee that your website and all websites where Douglas is promoted are free of pornography and eroticism, depictions of violence (sexual violence, killing of humans or animals), discriminatory presentations of persons, insults, extremist, radical political or youth-endangering contents, belittlement or glorification of drugs and weapons and an inadequate use of language (sexualised language, crude language, profanity etc.) and you shall not provide any links to other websites with such contents. In addition, no contents that could damage the reputation of the Douglas brand may be contained in your website or in websites that are referred to via hyper-links.
(6) Generating Douglas cookies shall only be permitted if Douglas advertising materials are used, if it is visible and if the creation of the cookie is preceded by a conscious clicking of the user. It is prohibited for the partner to invisibly integrate the Douglas Internet shop in order to generate a cookie for the user. You are generally prohibited from using iFrames, pop-ups, pop-unders and layered advertising materials that load a Douglas advertisement or the Douglas Internet shop and set up a cookie for the user without the latter's cooperation (cookie dropping / cookie spreading etc.).
(7) Using so-called adware, spyware or malware applications or other improper tools is forbidden. Orders that are generated because of an electronic note (such as by means of a browser plug-in, toolbars) to the user that bonus points or other additional fees or gratuities can still be “had”, are not tolerated and orders that are created in this way as well as the commissions associated with them will be cancelled. Remunerations shall only be paid for orders that originate from a regular marketing action on your website / advertising space.
(8) The use of PostView tracking is prohibited unless Douglas has given its express written consent to the use of this method. If the written consent of Douglas is received, a maximum of one cookie may be set up for the PostView delivery.
(9) The use of so-called “forced clicks” (forced-click principle) or “paid 4 services” (such as “Paid 4 Klick”, “Paid 4 Surf”, “Paid 4 Mailer”, “Klammlose”, “Refrallys”) is prohibited.
(10) In general, your website is a website that is completely usable, finished and callable for users, contains a legal notice within the meaning of Section 5 of the Telemedia Act (TMG), and within the meaning of other applicable legal provisions, does not in principle represent its own partner network (in exceptional cases, written permission of Douglas is possible), does not primarily have competitions, gambling or banner exchange offers as its content and does not offer illegal downloads of any kind. In addition, no doorway pages are used for your own website and no redirect pages will be employed for automatic forwarding to our website.
(11) When sending e-mails containing Douglas advertisements, the prohibition of sending undesirable advertisements (“spam”) must be observed. The unsolicited requested sending of e-mails with advertisements is forbidden. Consent must therefore be obtained from Douglas prior to sending e-mails. In the case of a violation, you shall indemnify Douglas upon first request against all claims of third parties and shall reimburse Douglas for all damages incurred by Douglas as a result of the infringement.
3. Calculation of your advertising commission
(1) For the calculation of your advertising commission, the only revenues of Douglas that count are those revenues resulting from sales of Douglas products to customers that selected our website immediately prior to the purchase via Links on your website (last cookie wins).
(2) Douglas reserves the right to reject orders that do not comply with the Douglas guidelines (such as creditworthiness, incorrect customer data) and to exclude them from the commission. Douglas also reserves the right to cancel commissions, or demand their return if need be, in the case of full returns, or to reduce them in case of partial returns. The sale of vouchers does not generate a claim for commission and shall therefore not be remunerated.
(3) You will be notified in writing in due time via the network of any changes to the currently applicable commission regulations. You shall be obligated to carefully review the statements issued to you by the networks and to make any objections in writing within one month. Otherwise, the statement shall be deemed approved unless it was not possible to make the objection within the period of one month. Claims for the payment of commission expire one year after the due date for both parties.
(4) All commissions are paid based on the net order value (revenue minus shipping costs, taxes, cancellations, order duplicates, full and partial returns and other invalid sales).
Exact details of the current remuneration structure can be seen in our programme description.
(5) Commissions and any bonuses shall be paid after expiration of the pending time and distributed during the subsequent payment period.
(6) The minimum amount of commission for a payout is 5,00 EUR .
4. Usage rights
(1) You shall receive a non-exclusive, non-transferable right, that can be revoked at any time, to access our website via the Links established in the Agreement. Exclusively in connection with these Links, you shall also have the non-exclusive, non-transferable right, that can be revoked at any time, to use the Douglas logo and other materials provided for the purpose of promoting our website. This right shall only apply for the purpose of establishing links between your website and our website which allow your users to purchase Douglas products. You may not edit or change the licensed materials in any way. A violation of the aforementioned regulations shall entitle Douglas to termination of the Agreement without notice.
5. Your services
(1) You are fully responsible for the set up, operation and maintenance of your website and for all materials that appear on your website. This responsibility relates in particular to the technical operation of your site and the necessary technical systems.
(2) You moreover guarantee that you will act, without exception, in compliance with applicable laws, also in your other commercial activities. In particular, you shall not carry out any advertising that violates the proprietary rights of third parties, particularly copyrights and other industrial property rights, such as trademark rights, breaches the provisions of the Act Against Unfair Competition (UWG) or is harassing in any other way.
(3) You are obligated to indemnify us against any claims of third parties and from any costs we incur in connection with the defence against third-party claims that arise in connection with the set up, operation and maintenance and the content of your website for which you are responsible, unless the claims are due to the advertising materials or product data Douglas provides. You are also obligated to support Douglas in the defence against such third-party claims by issuing statements, in particular affidavits, as well as providing other information. You shall refrain from any acts that may impair the functionality of the software or the system (e.g. mail bombs etc.) and shall be liable for all damages that are incurred by Douglas as a result of such actions for which you are responsible.
(4) You shall not distribute other advertising materials that relate to us, directly or indirectly, without having submitted these materials to us and having obtained prior written consent. The aforementioned consent must be obtained in particular if you want to operate advertisements on the website of a third party or in other media for your own website by using the aforementioned materials or by reference to Douglas. In each case, you shall ensure that, by using the aforementioned advertising materials or the name of Douglas, your website or advertisement is not perceived as a website of Douglas or as an advertisement set up by Douglas.
You shall not use any materials from us on your website that you did not receive for this purpose with our prior consent or via our website.
(5) The use and promotion of the Douglas website on advertising spaces in search engines or sponsored links, on paid ad placements, keyword advertising, keyword targeting (such as, for example, Google Adwords etc.) with providers (e.g. Google, Yahoo, Bing, MIVA etc.) shall not be permitted.
When promoting your own website, the following should be observed:
The words “www.Douglas.it”, “Douglas.it”, “Douglas”, “Douglas profumeria”, “Douglas-profumeria”, “Profumeria Douglas”, “Profumeria-Douglas” or misspellings thereof may not be used in advertisement texts or in the title of the advertisement.
You may only use the address (URL) as a visible URL (display URL) in the advertisement that you specified when registering. In the case of a change of your domain, see Section 2 (1)
Direct forwarding to the Douglas website shall not permitted
Featuring the keyword “Douglas” or any combination of words or combinations with the words “voucher”, “sconto”, “codice sconto”, “profumeria”, “shop” and “it” (e.g. “Douglas”, “Douglas profumeria”, “Douglas.it” etc.) and other spellings or misspellings shall not permitted.
You are obligated to use the keywords “Douglas”, “Douglas shipping”, “Douglas” in all your advertising campaigns as “negative broad keywords”. This shall also apply to any combination of these keywords.
Incorporating Douglas product data into the Google Merchant Centre is not permitted
(6) You are not entitled to create or accept offers on our behalf or to represent us. You shall not be involved in the processing of purchase agreements between us and our end customers. You shall not act as a commercial agent or commission agent of Douglas. You shall ensure that the design of your website does not create such an impression. You shall not provide any information to third parties that could result in such an impression.
(7) You will operate your website independently and are responsible for the contents yourself and you will observe all applicable statutory provisions, in particular the provisions and obligations of the Telemedia Act (in particular, you alone are responsible for complying with the relevant provisions of the Telemedia Act regarding the storing of cookies), the data protection laws (in particular the Federal Data Protection Act (BDSG)) and you shall indemnify Douglas upon first request from all claims that Douglas incurs as a result of a violation of the statutory provisions on your part.
6. Term of the Agreement
(1) This Agreement shall take effect by means of electronic registration by you and the acceptance of the registration by Douglas, and shall be in effect for an unlimited period of time. At the same time, you shall be granted access to the Douglas partner programme.
(2) Douglas has the right to exclude you from participation in the partner programme at any time and without giving reasons.
(3) Any breach on your part of the terms and conditions of participation can result in the immediate exclusion from the Douglas partner programme without notice. In addition, other legal actions, in particular claims for damage compensation, are expressly reserved.
(4) The partner shall be obligated to remove all electronic advertising materials and Links from its websites immediately after the collaboration is terminated and to confirm send written confirmation to Douglas that these have been removed, within an appropriate time frame.
(5) The partner shall not have any claim to commission for transactions that are concluded after termination of the contractual relationship between Douglas and the partner.
(6) Claims to bonuses beyond the end of the Agreement are precluded.
(7) Termination in accordance with these provisions must be made in writing. It is always possible to send notification account deactivation without a special form requirement 4 weeks prior to it taking effect.
7. Changes to the Agreement
We reserve the right to change the terms and conditions of participation at any time. For this purpose, you shall be notified by e-mail of any changes. Modifications can be made especially with regard to the remuneration and the payment process. If a modification is not acceptable to you, you have the option of terminating the agreement. Your continued participation in the partner programme after the changes come into effect shall be deemed as acceptance of the changes. We shall mention this legal consequence to you in the notification regarding the change.
(1) All information provided to you, in particular business and financial information, customers and lists of retailers, as well as price and purchase information, shall be treated as strictly confidential and may neither be disclosed to third parties nor used for your own commercial purposes or other purposes directly or indirectly.
(2) This shall not apply if the information is known to you or if it is accessible by the public via generally accessible sources that are not sources of Douglas. Regardless of this provision, you shall be entitled to disclose a copy of such information if there is a corresponding order by a court or administrative law order, if the disclosure to accountants, attorneys at law or other obligated parties takes place on a confidential basis, or if there is a legal obligation to do so.
(3) Press releases concerning the collaboration shall in principle be forbidden, can however be agreed with Douglas and require the written consent of Douglas prior to publication.
9. Liability of Douglas
(1) We shall operate our website within the framework of our technical possibilities. We do not make any promises or guarantees with regard to the affiliate network, Douglas products and the fault-free and disruption-free usability of our website.
(2) Douglas shall be liable for culpable damages in the case of violation of essential contractual duties (key duties) or in case of missing guaranteed characteristics. In addition, we shall only be liable – irrespective of the legal reason – in accordance with the Product Liability Act or if the damage was caused by us or our vicarious agents in a grossly negligent or intentional manner.
(3) In the case of violation of an essential contractual duty due to slight negligence, Douglas shall only be liable at most up to the typically foreseeable damage which may not exceed your average income from advertising under this Agreement.
(1) This Agreement shall be governed by German law. The exclusive place of jurisdiction shall be Hagen. We reserve the right to bring an action against you at your place of jurisdiction. This Agreement cannot be transferred without our written consent. Douglas is entitled to transfer its rights and obligations under the present Agreement to companies in which Douglas or one of its shareholders holds a stake, either directly or indirectly, and respectively to assign rights from the present Agreement to them.
(2) If individual provisions of this Agreement are or become invalid or unenforceable in full or in part, the validity of the remaining provisions of the Agreement shall not be affected. The same shall apply in case the Agreement contains a loophole. In place of the invalid or unenforceable provisions or to fill the loophole, an appropriate regulation that comes closest to what the Partners would have wanted if they had considered this point at the time the Agreement was concluded shall apply to the extent legally possible.
(3) If according to this Agreement, the written form is required for statements, it can only be replaced by electronic form within the meaning of the General Civil Code (ABGB).
As of: 31.05.2017