1. Scope

(1) These participation conditions (hereinafter referred to as “T&C”) apply to the contractual relationship between OMBROS LLC, Del Maestro 1416, Asuncion, 1849, Barrio Villa Morra, Paraguay, and the contracting partners (hereinafter referred to as “Partner”) of the Tinfoil Hat Dating/Aluhutdating Affiliate Program (hereinafter referred to as “Affiliate Program”).

(2) We provide our services exclusively based on these T&C. The Partner’s own business conditions require our explicit written consent and do not apply even if we do not explicitly object to them.

(3) The T&C are directed only at entrepreneurs within the meaning of § 14 BGB. Consumers are excluded from participating in the Affiliate Program.

2. Contract Conclusion

(1) A contract between us and the Partner for placing advertising materials is established exclusively through our online application process at https://aluhutdating.de. By registering, the Partner submits an offer to participate in the Affiliate Program and accepts the T&C. A contract is only concluded when we explicitly accept the offer or release specific advertising materials for the Partner.

(2) There is no entitlement to participate in the Affiliate Program or to conclude a contract with us. We may reject individual partners at any time without providing reasons.

3. Subject of the Contract

(1) The subject of this contract is participation in the Affiliate Program with the aim of generating new members through the Partner’s advertising activities. Participation in the Affiliate Program is free of charge for the Partner. We provide the Partner with a selection of advertising materials at our discretion through the Affiliate Program.

(2) The Partner places the approved advertising materials at their own responsibility on their registered and approved websites or social media channels in the Affiliate Program. The Partner decides freely whether and for how long they place the advertising materials on the Partner website. They are entitled to remove the advertising materials at any time.

(3) For promoting and successfully mediating transactions (e.g., orders), the Partner receives a commission depending on the scope and real value of the service. Details are specified in the description of the respective campaign in the Affiliate Program and section 7 of these T&C.

(4) The Affiliate Program does not create any other contractual relationship between the parties beyond this contract.

4. Functioning of the Affiliate Program

(1) The Partner must register for the Affiliate Program with the data requested during registration. After registration, an affiliate account will be set up for the Partner, through which they can manage their partner activities.

(2) For approved campaigns, we provide the Partner with specific links and other advertising materials that can identify users of the Partner websites when they click on the link. The Partner must integrate these links into their website or use them in other promotional activities to enable tracking.

(3) Through the customer account, the Partner also has access to certain statistical data determined by us about the advertising materials they use.

5. Our Obligations

(1) At our discretion, we provide the Partner with a selection of advertising materials (e.g., banners, text links, videos, and images) (hereinafter referred to as “Advertising Materials”) for individual campaigns.

6. Rights and Obligations of the Partner

(1) The Partner may embed the Advertising Materials on their own websites, distribute them in newsletters or social media channels. The Advertising Materials may only be used on the Partner websites for the purposes specified in this contract.

(2) The Partner is responsible for the content and ongoing operation of the Partner website or their social media channels and will not place any content there during the term of this contract that violates applicable law, good morals, or the rights of third parties and/or is likely to harm our reputation. We are entitled, but not obliged, to check the Partner websites. The Partner is particularly prohibited from spreading content that:

• Promotes racism,
• Glorifies violence and extremism of any kind,
• Calls for and incites criminal offenses and/or violations of the law, threats to life, body, or property,
• Stirs up hatred against people or companies,
• Includes defamatory statements, slander, defamation, and malicious gossip about users and third parties, and violates competition law,
• Contains copyrighted material or other violations of intellectual property rights,
• Engages in sexual harassment of users and third parties.

Such content may not be integrated into the Partner website itself, nor may the Partner website link to corresponding content on other websites.

(3) Any form of abuse, i.e., generating leads and/or sales through unfair methods or inadmissible means that violate applicable law and/or these T&C, is prohibited. The Partner is particularly prohibited from trying to generate leads and/or sales themselves or through third parties using one or more of the following practices:

• Falsifying leads or sales that did not actually occur, e.g., by unauthorized disclosure of foreign or false data or non-existent data during the registration of new members on our website,
• Using advertising forms that enable tracking but do not display the Advertising Material in the specified form and/or size,
• Cookie dropping: Cookies may not be set when visiting the website but only when the user of the Partner website has voluntarily and consciously clicked on the Advertising Material,
• Other forms of affiliate fraud (in particular, cookie spamming, forced clicks, affiliate hopping) and the use of layers, add-ons, iFrames, and post-view technology to increase leads,

Using terms that are legally protected for us or third parties, especially in search engines, ad placements, or promoting the Partner website without our explicit prior written consent. The Partner is particularly prohibited from maintaining websites on the internet that may cause confusion with us or products offered by us. The Partner may not copy our website, landing pages, or other appearances of us or adopt graphics, texts, or other content from us. The Partner must avoid creating the impression that the Partner website is a project of ours or that its operator is economically connected to us beyond the Affiliate Program and this contract. Any use of materials or content from our appearance as well as our logos or trademarks by the Partner requires our prior written approval.

(4) The Partner undertakes to operate the Partner website in accordance with applicable law and, in particular, to provide a proper imprint.

(5) Email advertising containing Advertising Materials or otherwise promoting us may only be conducted if it has been approved by us in advance and all recipients have given express consent to advertising via email and email address verification has been performed and documented through a double opt-in process.

(6) The Partner will immediately remove Advertising Materials from the Partner website if requested by us. This also applies, in particular, to websites on which we no longer wish the Advertising Materials to be embedded for any reason.
(7) The Partner will refrain from referencing us and our products when promoting the Partner website. In particular, the Partner will not place context-based ads (especially Google AdWords or AdSense) containing our name, company keywords, or brands, or that are delivered due to the use of corresponding keywords. The same applies to the names of our products.

(8) The Partner undertakes to refrain from any electronic attacks on our tracking system and/or websites. Electronic attacks include, in particular, attempts to overcome, bypass, or otherwise disable the security mechanisms of the tracking system, using computer programs to automatically read data, applying and/or spreading viruses, worms, trojans, brute-force attacks, spam, or using other links, programs, or procedures that can damage the tracking system, the Affiliate Program, or individual participants of the Affiliate Program.

7. Remuneration

(1) The contracting partner receives a performance-based remuneration for sales that occur on our website from Partner leads.

(2) The entitlement to payment of the remuneration arises only under the following conditions:

• A sale by an end customer with us has come about through the Partner’s advertising activities,
• The sale has been tracked by us,
• The sale has been approved and confirmed by us,
• There is no abuse in the sense of section 6.3 of these T&C.

(3) A sale is considered a fully completed order of a membership on our website generated by an end customer that has also been paid for by the end customer. Cancellations – regardless of the reason – do not count as sales if the end customer has not paid or payments made by the end customer are refunded. Cancellations that occur more than 8 weeks after the end customer’s payment are not considered.

(4) Orders from the Partner or their relatives are not subject to remuneration.

(5) Orders that come about through Partner leads generated from Partner websites or other advertising spaces where we have asked the Partner to remove the Advertising Materials are not subject to remuneration. This applies from the time of the request.

(6) Whether a sale is based on a Partner lead is determined by our tracking system. Unless otherwise specified in the Affiliate Program or individual campaigns, the “Last Cookie Wins” principle with a cookie duration of 30 days applies. We are not obligated to pay if and to the extent the tracking system fails or a malfunction occurs that makes it impossible or only feasible with considerable effort to assign leads or sales to individual Partners.

(7) The amount of remuneration is based on the commission specified in the respective campaign at the time of the sale. If nothing is specified, a commission of 50% of the net price of the respective sale applies.

(8) All specified commissions are net fees and will be paid plus VAT.

8. Accounting

(1) We will provide the Partner with a statement of commission claims in their customer account. The Partner will immediately review the statement. If the Partner has objections to a statement, they must be made to us in writing within four weeks. After this period, the statement is considered correct.

(2) Commission claims become due for payment at the beginning of each month for the payment receipt of the end customer for the respective sale. Transfer fees are deducted from the amount to be paid out.

(3) Payment is made by bank transfer with discharging effect to the bank account provided by the Partner in the customer account, via PayPal, or in cryptocurrencies. Any bank fees (e.g., for foreign bank accounts) are borne by the Partner.

9. Liability

(1) Unlimited Liability: We are liable without limitation for intent and gross negligence as well as under the Product Liability Act. For slight negligence, we are liable for damages arising from injury to life, body, or health of persons.

(2) Otherwise, the following limited liability applies: In case of slight negligence, we are only liable for the breach of a fundamental contractual obligation, the fulfillment of which enables the proper execution of the contract in the first place and on whose compliance the Partner regularly relies (cardinal obligation). The liability for slight negligence is limited to the foreseeable damages typical for the contract at the time of conclusion.

(3) We are not liable beyond that.

(4) The above limitation of liability also applies to the personal liability of our employees, representatives, and organs.

10. Indemnity / Contractual Penalty

(1) The Partner indemnifies us and our employees or agents against any claims by third parties due to alleged or actual infringement of rights and/or violation of rights of third parties by actions taken by the Partner in connection with the Affiliate Program. The Partner also undertakes to reimburse all costs incurred by us due to such claims by third parties. Reimbursable costs include the costs of a reasonable legal defense.

(2) The Partner undertakes to pay a contractual penalty determined at our reasonable discretion and, in case of dispute, to be reviewed by a court, for each case of abuse according to section 6.3. The contractual penalty will not exceed twelve times the Partner’s highest monthly turnover within the last six months before the abuse. Further claims for damages remain unaffected by this provision.

11. Rights of Use

(1) The Advertising Materials and our other content are protected by copyright and/or other industrial property rights. We grant the Partner a simple and non-exclusive right to use the Advertising Materials for the duration and purpose of this contract.

(2) Any alteration, reproduction, distribution, or public display of the Advertising Materials or a significant part thereof requires our prior written consent if it goes beyond the scope granted in the preceding paragraph.

12. Confidentiality

(1) The Partner undertakes to keep all knowledge of our operational and business secrets or other confidential information obtained within the framework of the contractual relationship strictly confidential for an unlimited period (even beyond the end of this contract), to use them only for the purposes of the contract, and in particular not to disclose them to third parties or otherwise exploit them. If information is designated by us as confidential, there is an irrefutable presumption that it is an operational or business secret.

(2) The content of this contract and the associated documents are to be treated confidentially (as business and trade secrets) by the Partner.

(3) The Partner must oblige their employees and other persons they use to fulfill their contractual obligations to confidentiality in a manner corresponding to the above paragraphs 1 and 2.

13. Contract Duration and Termination, Blocking
(1) The contract runs for an indefinite period and can be terminated by either party at any time without notice and without stating reasons.

(2) In addition, the right of the parties to terminate the contractual relationship by extraordinary termination for good cause remains unaffected. For us, an important reason that entitles to extraordinary termination exists, in particular, in the following cases:

• Serious violation of the Partner’s obligations under this contract, in particular, a violation of sections 6.2, 6.4, and/or 6.8,
• Violation of the Partner’s obligations under this contract and failure to remedy or cease the violation despite our request to do so,
• A case of abuse according to section 6.3.

(3) Termination can be made by email. A termination declared by us via email is deemed received on the day it is sent to the email address provided by the Partner in the customer account. We can also declare termination by restricting access to the customer account. The Partner can also declare termination by deleting the customer account. The contract ends with receipt of the termination.

(4) Upon termination of the contract, the Partner is obliged to immediately remove all Advertising Materials and other links and content from us from the Partner website. This also applies to websites or other advertising media in which the Partner has integrated the Advertising Materials or links without authorization.

(5) Leads and/or sales generated after the termination of the contract do not create an obligation to pay remuneration.

(6) Instead of termination, we may also block the customer account in the cases of section 13.2. This also applies if there is only a justified suspicion of abuse according to section 6.3. We will inform the Partner of the reason for the blocking and lift the blocking if the reasons that led to the blocking are clarified and, if applicable, remedied. Leads generated during the blocking period do not create an obligation to pay remuneration.

14. Final Provisions

(1) Should the contract contain ineffective provisions, the effectiveness of the contract remains otherwise unaffected.

(2) We reserve the right to adjust these T&C at any time. Any changes will be communicated to the Partner by email. If the Partner disagrees with the changes, they are entitled to notify us within four weeks of receiving the change notification. In this case, we have a special termination right. If such notification is not made within this period, the changes are considered accepted and take effect upon expiration of the period.

(3) German law exclusively applies to this contract.

(4) If the Partner is a merchant, a legal entity under public law, or a special fund under public law, Paraguay is agreed as the place of jurisdiction for all disputes arising from or in connection with contracts between us and the Partner.