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Voorwaarden & Condities General Partner Terms and Conditions of „CASAMUNDO partner program“<br /> <br /> § 1 Object of agreement<br /> CASAMUNDO GmbH (below „CASAMUNDO“) provides holiday accommodations over the<br /> website www.casamundo.de. The partner program shall advertise the distribution for this service.<br /> The present conditions regulate the relation between CASAMUNDO and the companies (below<br /> „Partner“), which participate in the partner program. CASAMUNDO allocates materials for<br /> advertisement (e.g. logos and graphics, banners, text and links), which the Partner can embed with<br /> the assistance of CASAMUNDO’s guidelines on their website. The Partner receives a commission<br /> for successful advertising and distribution that is measured according to the collected sales volume<br /> of accommodations, which were booked with CASAMUNDO over the direct link. Additional<br /> expenses and costs for the advertising shall not be compensated by CASAMUNDO.<br /> <br /> § 2 Legal foundation<br /> The legal basis of the partner program shall exclusively be based on these conditions. By<br /> participating in the partner program, no legal business or association relationship shall be founded.<br /> The final contractual relationship constitutes no agency agreement, includes no power of proxy of<br /> the parties to appear in the name of the other party, and constitutes no employment.<br /> <br /> § 3 Conclusion of contract<br /> The contract shall be concluded, after CASAMUNDO confirms and accepts in written text the filled<br /> and transferred online registration form by the Partner.<br /> 1.The Partner receives log-in information (partner-ID) for the partner portal. The portal<br /> organizes bookings, that were generated directly through the Partner. In the member area the<br /> Partner can get information on generated bookings and the commission calculation.<br /> <br /> § 4 Contract duration, cancellation and other termination<br /> 1.The contract shall be concluded for an indefinite time.<br /> 2.The contract can be canceled by both parties in written form without notice of a<br /> cancellation period.<br /> 3.In case of cancellation, the Partner shall be responsible to delete any advertisement (e.g.<br /> text, banner, logos) and links related to CASAMUNDO. A possessory lien, nor a demand for<br /> summation belongs to the Partner's due.<br /> 4.CASAMUNDO reserves itself the right to deactivate the Partner's account if there is no<br /> advertising activity after 18 months. After deactivation a new activation is possible.<br /> 5.Partner's data shall be saved by CASAMUNDO in the event of deactivation.<br /> <br /> § 5 Rights of use<br /> 1.By participating in the partner program, the Partner is entitled to embed any materials for<br /> advertisement provided by CASAMUNDO on their website and create links to the website,<br /> which CASAMUNDO administrates.<br /> 2.The use of CASAMUNDO’s advertising materials for other objectives shall be forbidden.<br /> The Partner is not entitled to modify the provided materials for advertisement, provide them<br /> for a third party against payment or free of charge, or create or use similar materials.<br /> 3.The participation in the partner program shall be limited to any named websites the<br /> Partner specifies when registering. Other websites shall be named CASAMUNDO in written<br /> form.<br /> 4.CASAMUNDO has sole copyright ownership of all provided materials.<br /> 5.The right of use expires when the participation in the partner program is canceled.<br /> 6. Agreements, other than the ones regulated in § 5 1.-5., need the appropriate written<br /> confirmation by CASAMUNDO.<br /> <br /> § 6 Commission<br /> 1.CASAMUNDO obligates itself to pay the Partner a commission for successfully generated<br /> bookings. The amount of the commission shall be measured on the basis of the actual<br /> charged prices by CASAMUNDO or respectively on the basis of the amount of the<br /> cancellation fee, if the trip is not taken. In case of a resettlement of a contract between the<br /> client and the travel agency, or no payment of commission by the travel agency to<br /> CASAMUNDO, e.g. due to an insolvency, the Partner's claim for commission shall not be<br /> applicable.<br /> 2.The amount of the commission shall be calculated as follows:<br /> <br /> 1 - 3 booking/month: 4,50%<br /> 4 - 10 booking/month: 5,50%<br /> 11 - 25 booking/month: 6,00%<br /> 25 - 50 booking/month: 6,50%<br /> > 50 booking/month: 7,00%<br /> <br /> 3.The commission claim shall be deducted after the client's return from the trip. The Partner<br /> receives a list from CASAMUNDO, on which he generates the bill as long as a minimum<br /> amount of 50 EURO is reached. Lower commission claims shall be included in the<br /> deduction the following month.<br /> 4.In case of cancellation, CASAMUNDO delivers a list of the commission claim for the<br /> trips, which end during the month of cancellation, at the end of that month. Any additional<br /> commission claims expire.<br /> 5.The commission claim expires if CASAMUNDO cancels the contract due to a contractual<br /> violation by the Partner.<br /> <br /> § 7 The website's content and the Partner's conduct<br /> 1.The Partner guarantees the technically correct integration of the materials for<br /> advertisement and links provided by CASAMUNDO. CASAMUNDO shall not be liable for<br /> this action.<br /> 2.The Partner solicits accommodations exclusively for the prices, which are valid and<br /> released by CASAMUNDO.<br /> 3.The Partner commits to making sure that no violent and/ or sexual demonstrations or<br /> contents, and no content that violates the effective law and the rights of third parties, appear<br /> on the websites and the Partner ensures that the websites contain complete company<br /> information, which fulfill the legal requirements.<br /> 4.The Partner shall not be allowed to use “CASAMUNDO” as target or display-URL in<br /> search engines. The Partner undertakes to not use competitor's names or words in connection<br /> with offers that solicits for CASAMUNDO. Furthermore, the Partner commits to not<br /> sending junk mail and to not use automated access or direct transfer, no pop-up or -under,<br /> cookies or framing, as long as no voluntary and intentional click is preceded by the website<br /> user. The Partner shall not advertise the brand name “CASAMUNDO” or similar and altered<br /> spelling, nor the website, that is provided by CASAMUNDO, over search engines.<br /> 5.The Partner makes sure that his websites do not resemble the ones from CASAMUNDO<br /> so neither confusion, nor the impression of the Partner and CASAMUNDO being legally<br /> connected or the website being part of the one provided by CASAMUNDO, arises.<br /> <br /> §8 Violation against contract obligations<br /> 1.In case the Partner violates the contract regulations, especially the ones in § 7,<br /> CASAMUNDO reserves itself the right to cancel the contract without notice. In this case the<br /> Partner's commission claim shall not be applicable.<br /> 2.When there is a objective reasonable suspicion that a violation has been made<br /> CASAMUNDO reserves itself the right to block the Partner’s account indefinitely. The<br /> Partner shall be informed about this action.<br /> <br /> § 9 Liability and compensation<br /> 1.CASAMUNDO provides web access to their clients 24 hours a day, seven days a week<br /> and the current technical abilities reach to the acquisition and accounting of the bookings,<br /> that are generated by the Partner. A short disconnection of availability or errors in booking<br /> acquisition and accounting, especially caused by online technical problems or general<br /> disturbances, do not lead to any compensation claims, as long as no intention or gross<br /> negligence is present.<br /> 2.The liability for financial losses shall be limited to the damage, that is as typical damage<br /> predictable at the time of contract conclusion, but shall not be higher than the average<br /> monthly advertising revenue of the last 6 months.<br /> 3.The Partner shall be liable for all outcomes, which result by the contract violation or a<br /> violation of the rights of third parties caused by their websites. The Partner releases<br /> CASAMUNDO from any possible compensation claims and other claims.<br /> 4.In the event a third party or client makes a claim directly against CASAMUNDO, the<br /> partner shall be liable for compensating all arising costs including the legal expenses.<br /> 5.CASAMUNDO shall not be liable for a leakage of data, as long as the leakage was not<br /> preventable, despite adequate data protection.<br /> <br /> § 10 Discretion<br /> All information given to the Partner within the participation in the partner program shall be kept in<br /> confidence. It shall not be used directly or indirectly for the Partner’s own or external economic or<br /> other objectives. This restriction shall not apply for information, that is generally known and<br /> accessible, or when there is a judicial court order for the transfer of the information, or a legal<br /> commitment to publish exists.<br /> <br /> § 11 Final clause<br /> 1.In the event certain conditions of this contract are ineffective or not feasible or they<br /> become ineffective or not feasible after the contract conclusion, the rest of the contract<br /> remains unaffected. Instead of ineffective or not feasible regulations the valid effective and<br /> feasible regulations, whose effects come closest to the economic target that was pursued by<br /> the contract parties with the ineffective respectively not feasible regulation, shall be chosen.<br /> The preceding regulations shall apply in the event the contract proves to be incomplete.<br /> 2.In case of conflicts or disagreements arising by this contract, an amicable settlement shall<br /> be preferred. If it comes to a judicial conflict, jurisdiction will take place in Hamburg.<br /> CASAMUNDO is also entitled to take action at the partner's general place of jurisdiction.<br /> Only German law shall apply.<br /> 3.CASAMUNDO reserves itself the right to change these general contract conditions. The<br /> Partner will be informed about the changes in the appropriate time and form.<br /> CASAMUNDO assumes the Partner has agreed to the changes when the Partner has not<br /> responded to the changes within a two week period, despite the allusion to the acceptance<br /> fiction.
Ik ga akkoord met de voorwaarden & condities