Terms and Conditions for Affiliates (TCA)

Last updated on July, 2025.

1. General and Conclusion of Contract

1.1 These General Terms and Conditions for Affiliates ("TCA") govern participation in our affiliate program, which enables individuals or entities ("Affiliates") to promote our products in return for commission-based compensation.

1.2 By enrolling in the affiliate program, a binding agreement is established between Affiliness (the "Provider") and the Affiliate, collectively referred to as the "Parties."

1.3 Under the terms of this program, Affiliates may independently promote the Provider's products using a unique referral link ("Affiliate Link"). Commissions are earned on qualifying referrals and are paid out on a monthly basis. This agreement formalizes the business relationship between the Provider and the Affiliate.

2. Sign up for the Partner Program

2.1 Registration for the partner program is free and non-binding for the Affiliate. The agreement is concluded for an indefinite period and may be terminated at any time by either party without notice. The Provider reserves the right to terminate the agreement immediately and without prior notice if the Affiliate violates these General Terms and Conditions (GTC).

2.2 To participate, the Affiliate must register for the Provider's internal partner program. During registration, the Affiliate must provide complete, accurate, and truthful information. If the Affiliate knowingly provides false or misleading information, the Provider reserves the right to delete or suspend the Affiliate's account without prior notice.

2.3 Upon successful registration, the Affiliate will receive access to a secured area (the "Partner Area"), which contains advertising materials and a personalized tracking link. This link includes a unique identifier used to properly track referrals, sales, and calculate commission payments.

3. Advertising Media and Advertising Measures

3.1 The Affiliate will be provided with pre-made advertising materials to help promote the Provider's products. If additional materials are required, the Affiliate may submit a request to the Provider. However, the Provider is under no obligation to create or provide exclusive or customized advertising content.

3.2 If the Affiliate creates custom advertising materials — such as articles, emails, banners, or social media content — these must be accurate, lawful, and must not contain copyrighted, trademarked, or otherwise protected materials without proper authorization. The Affiliate must ensure compliance with applicable advertising regulations and intellectual property laws.

3.3 The Affiliate is explicitly permitted to publish sponsored content or posts on topic-relevant websites, as well as create video content (e.g., reviews, testimonials, unboxings) on video platforms. All promotional content must be clearly marked as advertising, sponsored content, or in accordance with relevant disclosure requirements (e.g., FTC guidelines).

3.4 The Affiliate bears full responsibility for all promotional activities conducted in connection with the Provider's products. The Provider disclaims all liability for any damages, claims, or penalties arising from misleading, unauthorized, non-compliant, or negligent marketing actions by the Affiliate. The Affiliate agrees to indemnify and hold harmless the Provider against any such claims.

4. Prohibited Activities

4.1 Certain actions are strictly prohibited and may lead to the immediate exclusion of the Affiliate from the partner program. In such cases, the Provider also reserves the right to withhold any outstanding commission payments in order to protect against potential claims from customers or legal risks.

4.2 The following activities are expressly prohibited:

• Self-referrals: The Affiliate is not permitted to place orders for the Provider's products using their own referral link in order to obtain a personal price advantage or earn commissions on self-purchases.
• Misrepresentation of the Provider: The Affiliate must not impersonate or falsely present themselves as the Provider. All promotional content must clearly identify the Provider as the product supplier, and must not imply that the Affiliate is the manufacturer or official provider.
• Unlawful advertising methods: The Affiliate must refrain from any form of advertising that violates applicable laws or could damage the Provider's reputation, including but not limited to unsolicited email marketing (spam) or misleading website placements.
• Placement in unlawful or inappropriate contexts: Advertising materials must not be displayed in environments that contain or promote content in violation of German law, or that promote illegal, unethical, or questionable products or services.
• False or misleading claims: The Affiliate may not promote the Provider's products using exaggerated or clearly false promises that the products cannot fulfill (e.g., "Lose 10 kilograms in one day").
• Use of incentive or exchange schemes: The Affiliate must not participate in referral networks, reward systems, or platforms where orders are incentivized through gifts, compensation, or other inducements. All customer purchases must be made voluntarily, without coercion or manipulation.

4.3 If the Provider becomes aware of any prohibited or unlawful conduct by an Affiliate, the associated Partner Account may be suspended or deactivated immediately and without prior notice. If the Affiliate does not provide a satisfactory explanation within thirty (30) days of notification, the Partner Account may be permanently terminated.

5. Contractual Penalty and Consequences of Violations

5.1 Any breach of these Terms and Conditions (GTC) by the Affiliate will result in immediate and permanent exclusion from the partner program. Re-registration is strictly prohibited. Any future attempts to register — whether under the same or a different identity — will be automatically rejected, and the associated Partner Account will be permanently deleted without further notice.

5.2 In the event of a material or intentional violation of these GTC — particularly actions that cause reputational damage, financial loss, or legal exposure to the Provider — the Affiliate shall be liable to pay a contractual penalty. The amount of this penalty shall be determined by the Provider at its sole discretion based on the nature and extent of the violation but shall not be less than USD 1,000. The right to claim further damages remains unaffected.

5.3 The Provider actively monitors compliance with these terms and conducts regular audits. Violations are logged and pursued without exception. By participating in the partner program, the Affiliate acknowledges and agrees that strict enforcement is necessary to protect the integrity of the program.

5.4 The Provider reserves the right to pursue legal action and seek additional compensation where the contractual penalty does not fully cover the damage incurred.

6. Affiliate Remuneration

6.1 Affiliates are entitled to earn commissions for referring customers through the promotional materials provided as part of the partner program. A commission is earned only when a referred user clicks on the Affiliate's unique referral link and completes a qualifying purchase on the Provider's product pages.

6.2 The commission rate is based on the total net value (excluding taxes, shipping, and discounts) of the referred customer's order. The applicable commission structure is outlined in the Affiliate's Partner Area under the program details section and may be adjusted by the Provider at any time with prior notice.

6.3 Commissions are paid exclusively for completed and verified transactions. An order is considered "verified" once payment has been successfully processed, and the statutory return or cancellation period has expired without refund.

6.4 No commission shall be paid on canceled, refunded, or disputed transactions. If a commission has already been credited for such a transaction, it will be reversed or offset against future commission payments. This applies particularly in cases of customer cancellations, payment reversals, or chargebacks initiated by the buyer.

7. Commission Approval

7.1 All commission earnings are displayed in the Affiliate's Partner Area, along with their current approval status, which can be reviewed at any time.

7.2 Commissions must be manually reviewed and approved by the Provider before they become eligible for payout. This verification ensures that the referred transaction is valid and compliant with the terms of the partner program.

7.3 Manual approval is necessary for the following reasons:

• To protect the Provider against fraudulent or non-genuine transactions.
• To ensure the buyer's statutory right of withdrawal has expired before confirming the commission payment.

7.4 Commission approvals are typically completed within 30 days following the referred purchase date.

7.5 The Provider reserves the right to delay commission approval if there are indications of potential fraud, abuse, or if the Affiliate has a record of suspicious or low-quality referral activity.

8. Cancellation of Commissions

8.1 The Provider reserves the right to cancel or revoke commissions under the following circumstances:

• The referred customer's payment fails or is not completed.
• The customer exercises their statutory right of withdrawal, and a full refund is issued.
• The referred transaction is deemed fraudulent or cannot be fulfilled by the Provider.
• The Affiliate violates the terms by purchasing products through their own referral link to obtain a price or commission advantage.

8.2 Canceled commissions will be visibly marked in the Affiliate's commission list, along with the reason for cancellation. Affiliates may request supporting documentation for a cancellation in writing (via email) within six (6) months from the date of cancellation.

9. Payouts

9.1 All approved commissions will be compiled into a monthly credit note and paid out once per calendar month, either via PayPal or bank transfer.

9.2 Payouts are usually processed at the end of each month and no later than the 10th day of the following month. The Affiliate is responsible for maintaining at least one valid and active payout method.

9.3 Payments are made in either EUR or USD, as specified by the Provider. Other currencies are not supported.

9.4 If the Affiliate is subject to VAT and has correctly provided all necessary tax information in their Partner Area, the payout will include VAT. Otherwise, VAT will not be added and must be handled independently by the Affiliate according to applicable tax regulations.

9.5 If the Affiliate has already received commissions for transactions that were later canceled or reversed, the Provider reserves the right to offset the overpaid amounts against future payouts.

10. Termination of the Contract

10.1 Either Party — the Affiliate or the Provider — may terminate this agreement at any time with immediate effect. If termination is initiated by the Provider, a written justification must be provided. The Affiliate has the right to respond or object to the termination within thirty (30) days of receiving notice.

10.2 Affiliates who wish to terminate their participation in the partner program must submit a written termination request via email or another accepted communication method. Upon receipt, the Partner Account and all related data will be permanently deleted, following the settlement of any outstanding commissions.

11. Final Provisions

11.1 This agreement shall be governed by and construed in accordance with the laws of the Republic of Seychelles, without regard to its conflict of law rules. Any disputes arising from or in connection with this agreement shall be subject to the exclusive jurisdiction of the competent courts at the Provider's registered place of business.

11.2 Should any provision of this agreement be or become invalid or unenforceable, the remaining provisions shall remain unaffected. The invalid provision shall be replaced by a valid provision that most closely reflects the intent and economic purpose of the original.

11.3 The Provider reserves the right to amend these Terms and Conditions at any time. Affiliates will be notified of any material changes by email or through the Partner Area. Continued participation in the program after such changes constitutes acceptance of the amended terms.

11.4 The Affiliate may not assign, transfer, or subcontract any rights or obligations under this agreement without prior written consent from the Provider. The Provider reserves the right to assign or transfer the agreement at any time without notice.

11.5 These Terms and Conditions, along with any referenced policies or program guidelines, constitute the entire agreement between the Parties and supersede all prior agreements, communications, or understandings, whether oral or written, relating to the subject matter herein.

11.6 The protection of personal data is very important to us. Information on how we process user data, including in accordance with the General Data Protection Regulation (GDPR), can be found in our Privacy Policy.

11.7 In the event of any inconsistency between the English version of these Terms and any translated version, the English version shall prevail.