Affiliate FAQ

1. Preamble
(1) The partner programme offered on the internet is named RandyRun.com. The subsequent terms of contract are exclusively valid for all partner contracts. They are also valid for all future business relations, even if they have not been again expressly agreed on. They are recognised via the registration into the partner programme.

(2) Deviating conditions of the participants are without obligation in so far as they are not expressly accepted in writing by RandyRun.com.

2. Conclusion of contract
(1) A contract is realised after the participant logs in by the acceptance of RandyRun.com. The staff of RandyRun.com is not entitled to make oral representations or give oral assurances which go beyond the scope of the contract.
(2) Minors are excluded from participating in the partner programme.

3. Log in
Each participant has to register via a log in with RandyRun.com. In logging in the participant has to give his name, with corporations also the authorised representative, as well as postal address (not PO Box), telephone, fax and email address. In the case of changes, the participant has to inform RandyRun.com without delay. Incorrect details entitle RandyRun.com to immediate termination.

4. Partners
(1) Participants of the partner programmes are partners. The partners advertise the offers of RandyRun.com by the switching of hyperlinks. For this they receive remuneration according to the following stipulations.
(2) The participation in the partner programme is free of charge for the partners. The partners have free choice of the means of advertising and they can remove or exchange the links used at any time.

5. Variants
(1) RandyRun.com pays the partner an amount to be fixed for each assessment according to the following clauses.
* Pay per Sale:
Customers are only to be assessed who conclude an effective purchase contract in the online shop of RandyRun.com within 30 days after mediation. The assessment is on a percentage basis of the contract value. If the concluded contract is ineffective or it is revoked resp. cancelled in another way, the commission is annulled.
(2) The height of the value of an assessment is fixed beforehand by RandyRun.com. The amount can be changed by RandyRun.com at any time with a deadline of three working days, the minimum is 1%. RandyRun.com will inform the partners without delay in the case of a change.

6. Recording and assessment
(1) RandyRun.com records all clicks and takes them down statistically. The records can be called up in the protected partner area.
(2) The sponsors are obliged to integrate the HTML Code made available by RandyRun.com on their website unchanged, which is necessary for recording the users coming from the websites of the partners (Code obligation). RandyRun.com will inform the partners on required technical adjustments per email. The partners are obliged to implement any adjustments without delay. The manipulation of the recording codes entitle RandyRun.com to termination without notice.
(3) The partner is alone responsible for the correct transmission of the referrer (the partner from whom the customer is coming).
(4) The partners are not permitted to change the HTML codes prescribed by RandyRun.com for links, banners, etc. In the cases of changes RandyRun.com is entitled to pronounce termination without notice.

7. Contractual penalty
(1) In the cases of an intentional attempt by a partner to influence the statistics by way of considerable manipulation attempts and thus the amounts to be paid to him by the sponsor, a contractual penalty to the amount of 2.500,00 EUR is due. The same is valid when an already excluded user on the basis of behaviour contrary to the contract again participates or tries to participate under a wrong name.

8. Payment
(1) After the expiry of the due date of 2 weeks the commission accruing up to the end of the month preceding will automatically be paid out on each 15th of the month via bank transfer or PayPal. If the partner should wish a payment by cheque, a handling fee of 2,50 EUR is raised per payment.
(2) In the case of the German VAT obligation of the partner the payment ensues in addition to the legal German VAT. The partner is obliged to inform RandyRun.com on a change of the VAT obligation without delay with a proof of the responsible inland revenue office. If no proof at the time of settlement should be available, the VAT will be basically observed and paid out, a subsequent settlement is not possible for organisational and technical reasons.

(3) In so far as the monthly credit balance does not exceed 25,00 EUR, the payment takes place together with the payment of the following month. Interest is not charged. In the case of premature termination of the partner the balance expires in favour of RandyRun.com, if the payment to be made does not exceed 25,00 EUR, otherwise the payment ensues with the following settlement.

9. Notice of defects and guarantee
The participants have to check the performance and the settlement without delay. Visible defects are to be reported without delay in writing to RandyRun.com. RandyRun.com is to be informed in writing without delay in the case of defects which cannot be found at once even with careful examination as soon as they are discovered.

10. Termination
(1) The contract can be terminated any time in an orderly manner with a deadline of three working days.
(2) The right of extraordinary termination due to an important reason stays unaffected. The attempt to influence the assessments according to contract, entitles RandyRun.com to instant dismissal. This is especially valid in the case of own clicks on a massive scale, in the use of misleading links or unlawful contents, spam, manipulation or non-installation of the registration code or incorrect details. Continuing claims to compensation as well as especially the asserting of a contractual penalty according to. No. 7 of this contract as well as the placing of a demand for a penalty remain reserved in any case. .

11. Technical defects
(1) RandyRun.com guarantees a service accessibility of 95% in monthly average. Within this time the settlement over RandyRun.com is guaranteed.
(2) RandyRun.com is not responsible for deliberate attacks of third parties (hackers, computer viruses, DoS attacks etc.) on its servers and the internet.

12. Unlawful contents
(1) Unlawful are sending unsolicited email advertising (spams), the use of misleading links and giving incorrect email addresses, names or data.
(2) RandyRun.com does not check the contents of the partner sites and is not responsible for these. The participant has to keep RandyRun.com free of all damages which occur to RandyRun.com by a violation of this obligation.
(3) RandyRun.com is entitled to termination without notice of the contract in the violation of this contractual obligation.

13. General limitation of liability
Claims to compensation against RandyRun.com are ruled out, in so far as non-deliberate or gravely negligent behaviour or the violation of an obligation substantial to the contract are not given. The same is valid in so far as the replacement of indirect or consequential harm caused by a defect is demanded. Any liability is limited to the typical damage foreseeable in contract conclusion and for such cases.

14. Textual form
Explanations to RandyRun.com as well as changes of the contract require at least textual form (email, fax). This is also valid for the cancellation of the requirement of textual form.

15. Data protection
The data of the participants are stored by RandyRun.com for the purpose of handling the contract and for the communication within the partner programme. It is only used in the framework of the contract fulfilment and neither transmitted to third parties nor used for advertising purposes. .

16. Place of performance, place of jurisdiction, choice of law
Place of performance for all obligations and place of jurisdiction for all disputes ensuing from the contractual relationship, in so far as the contract partner is a merchant or a juristic person of public law, is Schwabmuenchen. The contractual relationship is subject to the law of the Federal Republic of Germany under exclusion of the UN Convention on Contracts for the International Sale of Goods.

17. Severability clause
If a clause of these terms and conditions should be ineffective, the effectiveness of the remaining terms and conditions stays intact.