Cashalizer is a partner platform, operated by the Swiss media Factoring GmbH, Gubelstr. 12, 6300 train in Switzerland, which provides among various partner portals amateurs and producers the opportunity to present themselves and interact with potential visitors into direct contact. These terms and conditions (GTC) govern the contractual relationship between factoring and Swiss media partners who operate their own websites and in a joint program to cooperate with Cashalizer.
Contractor under these terms and conditions are Swiss media and factoring the operator's own website (webmasters and partners) who work within the framework of the partner program with Swiss media factoring. There are also users of factoring Swiss media, which are referred to as visitors and registered members and the artists who are referred to as providers. The contractual relationship between factoring and the Swiss media visitors and registered members, and providers have their own separate terms and conditions.
As a contractor in principle only persons of legal age to be accepted. With acceptance of the Terms says and assures the contractor that he is of age.
1. This Agreement governs the commercial circuit of electronic messages through the partner to a partner's website. The party receives a fixed salary instead of a performance-based fee, which depends on the actual existence of the revenues coming mediated via the website of the partner's consumers. The contract does not constitute an employment relationship, a society or community, nor a commercial agency contract, neither party is authorized on behalf of the other party and / or to accept such offers or make statements.
2. LinkThe partner is on its website a link to the vendor - Establish platform, indicating the partners agreed between the parties, id. The responsibility of the partner is the correct, technical integration. The partner ID corresponds to the Swiss media Factoring - identification number of the registered party. The partners will be identified as Swiss media factoring partners on its website. For this purpose it is used by Swiss media factoring a selection of logos and / or banners made available. A change in the URL address will result in the contractual partner's website not to modify or terminate the contract and its rights and obligations under this Agreement without prejudice. The visitors to the website of the partner has a special link from the site of the partner to follow the vendor's site, register and take part in the fee-based services platform vendors claim to trigger the sales of a mediated member entitled to a commission. The link uses the following assumptions:
Swiss media Factoring is entitled to registrations that take place via the link partner's decline, if they meet the requirements of the online registration (credit, no authorization to debit, no credit card covered, misrepresentation of the visitor, etc.) do not comply. In such cases, there is no claim for commission of the partner. Furthermore, Swiss media factoring is entitled members to block or cancel their account at Swiss media factoring. This also implies dismissal of the member. From the time of termination all commission accounts for claims by the partner for the terminated member made sales.
4. CompensationA claim for payment of the partner exists only if the registration directly via the above route (via the Swiss media factoring link) takes place. Swiss media factoring all revenues collected from members who have registered using special links between the site of the partner and the Swiss media factoring sites. About these transactions are subject to regular summary reports of Swiss Media Factoring provided their form, content and frequency can be changed at any time by Swiss media factoring. The partner can take his ID and password to access their personal online statistics, so that it can obtain information about the current status of the partner program. This statistic is only a preliminary information for the partner. The Swiss media is factoring at the end of the month Monthly statistics provided the basis of commission payment. The partner receives monthly statistics on the basis of a credit for the amount due to him. Any errors in this month statistics to be displayed by Swiss media factoring in writing. Swiss media has the power factoring, abuse or physical defects - line corrected retrospectively and monthly statistics, while the partner is notified immediately and in detail. The partner is prohibited from the factoring commissions paid by Swiss media or in part to the visitor who has registered by the partner link, distribute or otherwise compensate the visitor. The investments made net sales - the partners in this program mediated - Members are the basis of calculation of remuneration for the partner. The amount of the compensation is according to the publication of the online offer. The mediated under this partner program member must pay the charges for charges for any chargeable services. Amounts to be refunded to the member, are not part of the calculation basis. Also may include charges incurred, such as processing and paying costs, fees of credit card companies and banks, and credit granted to the member, are also not part of the calculation basis. The fee is monthly. The partner gets a credit on the basis of the Swiss media by factoring the last day of the following month provided monthly statement. Payment will be made only after a minimum payout of 50.00 €. To reach the minimum amount the credit will be withheld without interest. Payment will be made by partners based in EU cash by wire transfer to the Partner during the registration bank. Swiss media factoring draws in the event of a reversal of the commission credit (eg due to incorrect information provided by the partner), an administrative fee per reversal of 15.00 € for payment of the upcoming commission from credit. Swiss media have the right factoring in irregularities and abnormalities of the special commission claims by the partner, the payment to the partners to clarify without interest to retain. There is no right to partial payment. Swiss media Factoring helps all in the party platform, made available payment method is not the risk of collection. This is not dependent on the demand for non-performance of its nullity, lack of willingness to pay, lack of capacity to pay, or other reasons, particularly those such as fraudulent activities. As far as Swiss media factoring for individual services of the provider of the user or the intermediary payment provider payment not obtained for the partner is not entitled to revenue sharing. Swiss media is factoring in this case, neither reminders, or subject to prosecution action. Possible criminal charges of credit card companies, banks and cancellations fees are charged back to the partners in the amount of his commission percentage. This can be offset with the commission fees payable to the partner. The partner is obliged to pay tax on commission earned on the payments properly. The partner must have a business license in the Swiss media factoring forward to the sales tax amounts to be paid.
To characterize Swiss media factoring leaves the partners so as a temporally and spatially limited, nonexclusive, nontransferable, revocable right to use the display material, information, and all other representations, use only for the purpose of his website as a Swiss media factoring partner website and to present the specified display material. The partner can display the material, notices or any of the other representations do not change in any way without the prior consent of Swiss media factoring, sell or let third parties. Swiss media factoring reserves all rights in respect of his logo, trade name or its brands and other intellectual property rights. Swiss media Factoring is entitled to the license granted to the partners withdraw at any time, without giving reasonable written notice. The display of advertisements may take place only in the legal framework. The partner has to interrupt the presentation of advertisements, notices or other material immediately upon request by Swiss media factoring, provided that the improper use of the display, violations of this agreement or applicable law, or a reasonable suspicion.
The current provider of online services (amateur) exclusively carries the responsibility for all content and information (eg text, images, videos), which the user during the use of the particular online service. Only the person from whom such content originates, is responsible for all content and information (eg, text, music, data, images, sounds, software, videos), which the user during the use of the particular online service.
Swiss Media does not guarantee minimum factoring commissions and commission is not liable for failures, especially lack of readiness for operation or malfunction of the website or technical institutions. Swiss media factoring is not liable for any modification, addition or elimination of - platform. Swiss media factoring is only liable for willful or grossly negligent behavior, but not charges for lost profits or not eintreibbare. Liability is limited to foreseeable damages. This also applies to the employees and vicarious agents of Swiss Media Factoring.
For violations of these rules or other obligations of the partners is liable. He is solely responsible for the development, operation and maintenance of its website, as well as for all material that appears on the website. In particular, it ensures:
Secondarily, to the partners that the company's Web site meets the above requirements and shall be liable for the above assurances. The Swiss media partner, factoring from all claims that may be claimed for any third party for infringement of their rights in connection with this contract. The legal fees borne by the partners. He must put SwissMedia factoring in the ability to block third-party claims at his expense. For violations of the provisions of this Agreement, the partners committed a penalty of 5100, - € to be paid in Swiss media factoring. The assertion of further claims is reserved. The partner is obliged to consider the prevailing Data Protection Act.
The party is strictly prohibited unfair advertising. This is likely especially in an advertisement using email, chat, telephone or other telecommunication means, without the prior approval of the recipient or in foreign deals without the consent of the provider. It is also unfair advertising disguised in an advertisement with email, chat, telephone or other telecommunication means, the identity of the person or concealed, or to take the lead in an invalid address, may be addressed to the receiver a request that such communications cease, without incurring any costs other than the transmission costs for the base rates are expected. It is unfair to accept advertising in an advertisement, realized the criminal and misdemeanor offenses. If for Swiss media factoring there is reasonable suspicion that the party has made unfair advertising or causes, it may encourage Swiss media factoring partner to dispel that suspicion by making a statutory declaration. These must be received within 5 working days after the original request from the receiver appointed by Swiss media factoring present address and clearly state that neither of the partners themselves, other people has led to unfair advertising to operate. If the partner has within these 5 days are no affidavit as to Swiss media Factoring has the right to publish your name, address and other data to the partner's or the victims of unfair advertising or to law enforcement authorities. For each case of unfair advertising a penalty of 5100 is - € to be paid. The contract can be terminated with a partner without notice. The partner can be taken because of the direct and indirect damages of unfair advertising by Swiss media recourse factoring.
The agreement in the framework of the partner program is concluded for an indefinite period. A termination is for both parties at any time and must be in writing (letter or fax). In an attempt to manipulate the partner program of the Swiss media factoring or the contract is violated (in particular breach of any encumbrances or other laws and regulations), there is an immediate closure of the partner. The thus acquired, is not paid to the partner. Go out after termination of this Agreement, all existing rights under this agreement to the partner of the Swiss media provided factoring advertisements, notices and other representations. Upon effectiveness of the termination of the commission is eliminated. Resulting commission claims remain valid until the date of termination. Swiss media Factoring is entitled to withhold the final payment to the partner at least 30 days to ensure that subsequent fees, cancellations, etc. recorded and the partners will be charged. The termination of the affiliate program has no effect on the registration of members mediated. Excludes compensation claims in connection with the termination of this contract. Provisions which by their nature, the termination of this contract claim validity to apply.
This agreement is finally back to the content of the contractual agreements between the parties and any previous agreements between the parties with respect to the contract items. Additional agreements are not made here, not even oral art changes or additions must be made in writing. The same applies for a waiver of the requirement of written form. Changes in the terms and conditions are communicated to the partner by e-mail. If after 14 days of any termination by the party applies, the terms and conditions as adopted.
The parties agree that the information exchanged under the contract, shall be replaced or otherwise obtained data, with the exception of publicly available data to third parties as a trade secret. This is true even beyond the termination of the contract. For violations of this provision to justify claims for damages against the partner.
Jurisdiction is Zug.
Conditions as of January 2012
