Terms and conditions for the Seobility affiliate program

These General Terms and Conditions of Use shall apply to the Affiliate Partner Program of Seobility and shall govern the contractual relationship between seobility GmbH and the participant in the Seobility Partner Program as an intermediary.

Preamble

seobility GmbH, Willy-Brandt-Platz 16, 90402 Nuremberg, Nuremberg Local Court, HRB 26545, telephone: 0049 911 23756261, represented by managing director Matthias Lugert, operates an affiliate program for the website www.devobility.net under the website affiliate.seobility.net/.

Contracting parties

The contracting parties are seobility GmbH (Seobility) and the participant in the partner program (Affiliate).

Subject matter of the contract

The purpose of the affiliate program and thus the subject matter of the contract is the acquisition of new customers.
The Affiliate shall be responsible for implementing the advertising option selected by the participant.
The Affiliate is responsible for the costs of the advertising means chosen by him.
The Affiliate shall not incur any obligations or costs as a result of registering with the Seobility affiliate program.
A legal entity is allowed to register for one Affiliate account. It is not allowed to have multiple Affiliate accounts per legal entity or associated with one email address. For clarification, an individual person may manage more than one Affiliate account.

Conclusion of contract

A contract shall be deemed to have been concluded when, on the one hand, the participant registers with the Seobility affiliate program and accepts the terms and conditions of use and, on the other hand, seobility GmbH accepts the Affiliate’s offer, which shall be effected by activating the participant’s access on the part of seobility GmbH.
seobility GmbH may reject an Affiliate’s offer without stating reasons.
The participant shall be obligated to provide only truthful information upon registration. In addition, it must be stated whether there is the possibility of an input tax deduction.

Change of the terms of use

seobility GmbH reserves the right to change the terms of use at any time.
The contractual partners of the affiliate program shall be informed of any changes by e-mail.
If the Affiliate does not object to the changes to the Terms of Use within 2 weeks, the changes shall become part of the contract between seobility GmbH and the Affiliate.
The objection shall be made by mail or e-mail.
In the event of an objection, both contracting parties shall be permitted to terminate the contract without observing a notice period. The notice of termination must also be given by mail or e-mail.

Remuneration and preclusion period

The prerequisite for a claim to commission is that a new customer registers for a paid account with Seobility. This must be done either by the new customer having been deliberately redirected to Seobility beforehand via a link with the affiliate tracking code or a similar technical variant. Commission is only generated based on the basic subscription price for plans (Basic, Premium, Agency) that can be bought from the website.
The allocation of the referral commission to an affiliate is done via the following tracking method:

Cookie Tracking
IP based tracking

If several advertisers come into question for a new customer, the « last cookie wins » principle applies, which means that the one whose identification solution was last used by the new customer before registering for the paid service is considered the advertiser. The cookie lifetime of cookies on prospective customers is 90 days. The subsequent remunerations by current subscriptions to a recruited customer are determined directly by a direct database assignment to the affiliate.
In the account on the Seobility Affiliate Platform the Affiliate can inform himself about his commission amount. The entitlement to commission shall be based exclusively on actual, irrevocably collected net sales. The commission claim shall apply to all contracts concluded by the new customer recruited by the Affiliate via the recruited registration.
The commission for the Affiliate is 30 percent of the net sales of each newly concluded contract monthly, until termination. If the contract is terminated by the customer, there is also no more monthly commission for that recruited contract. Commissions will not be paid out for artificially created sign-ups or fraudulent activity of any kind.
No entitlement to commission shall arise if the new customer is already an existing customer of Seobility at the time of referral, or if the new customer is the participant in the affiliate program itself or companies and/or persons socially associated with it. Thus, self-referrals by the Affiliate shall not be entitled to commission.
Payment to the bank account specified by the Affiliate will be made at the request of the Affiliate at the beginning of each month, as soon as the minimum value of 100 € has been reached. A cash payment is not possible. If the minimum value is not reached in a month, the credit will accumulate until it is reached. No interest is paid on accumulated credit.
For acquired new customers who do not have their account in the EU, seobility GmbH will deduct the transfer fees from the affiliate’s commission. For commissions exceeding 500 Euros, seobility GmbH will cover these costs.
seobility GmbH reserves the right to remove abandoned Affiliate accounts from our system and terminate this Agreement with immediate effect after a 6 month period of inactivity. In this case any accumulated Commissions will be forfeited. Abandoned Affiliate accounts are defined as any Affiliate account whose Affiliate dashboard has not been logged into for a period of 6 months or has no transactions posted during a period of six months.
Each Commission validly booked into the Affiliate account is valid for three years, starting at the end of the calendar year in which the Commission was credited to your account as “approved”. At the end of the validity period, the right to claim the respective Commission expires.
If a customer terminates its initial paid plan with seobility GmbH (e.g. downgrade to any free plan, account closure), the right to claim Commissions by the Affiliate ceases; irrespective of any reactivation conducted by seobility GmbH. Similarly, if a customer gives notice of a termination (intended downgrade) but is then actively approached by seobility GmbH to revoke such intended termination, the right to claim Commissions by the Affiliate ceases.
seobility GmbH reserves the right to change the payout conditions and models for future payouts and to inform the Affiliates about these changes at least one week in advance. Should the Affiliate not accept the changes, he shall be permitted to terminate the contract without notice.
The Affiliate Account is not transferable to another Affiliate.
The payment of the commission shall compensate for the Affiliate’s expenses.

Obligations of seobility GmbH

After successful registration with the Seobility Partner Program and the participant’s agreement to the General Terms and Conditions, seobility GmbH shall provide the participant with the advertising materials.
Furthermore, seobility GmbH shall be obligated to pay the participant the earned commission sum at the beginning of a month after the payout volume of at least 100€ has been reached.

Supplementary obligations of the Affiliate

The advertising material provided may only be forwarded by the Affiliate to new customers (persons or companies) in countries that Seobility accepts. The accepted countries will be named during registration.
Without prior written consent, the Affiliate shall not be permitted to modify the advertising materials provided by Seobility, neither technically nor in terms of content or appearance. Furthermore, the use of the advertising material shall only be permitted if required by the contractual purpose of this agreement. The use of the customer’s own advertising media, such as banners, advertisements, websites, etc., shall also require the prior written consent of Seobility. It should be noted that when using the Affiliate’s own materials, the Affiliate shall bear the sole risk with regard to copyrights and other rights of third parties.
The Affiliate shall not be authorized to make statements about Seobility’s products that go beyond the information provided in the advertising material of this affiliate program and the product and service description on the target page. Furthermore, the Affiliate shall not make any untrue and/or fictitious statements about Seobility’s products and offers.
Furthermore, the Affiliate undertakes not to place the advertising materials provided in environments that may be considered inappropriate. These environments include, in particular, pages with illegal, sexually suggestive, violence glorifying and/or human rights violating content as well as pages that contribute to the rights violations of third parties. Regardless of which of the advertising materials provided are used, the depiction of violence, sexually suggestive images, discriminatory, insulting or defamatory statements concerning race, gender, nationality, political orientation, religion, disability, age and/or sexual orientation in connection with seobility is not permitted. The seobility GmbH is allowed to terminate the partnership at any time if this point is violated.
Any unfair methods, such as cookie dropping, cookie spreading or similar practices, BrandBidding with regard to the Seobility brand, as well as with regard to brands and websites of similar providers are prohibited and not valid for commission.
Advertising in SEA ads (Google Adwords) shall require the explicit prior written consent of seobility GmbH.
The prospect of any form of reward, forced clicks or forced registrations on the part of the participant, as well as cookiedropping (distribution of cookies without sufficient banner display and intended click by the user) shall be prohibited. The new customer shall decide to register with Seobility of his or her own free will and motivation.
The sending of unsolicited e-mails containing advertising (spam mails) for Seobility is prohibited.
You may also not:

conduct any forms of brand bidding
use PostView ads
use your affiliate link in any paid media. This includes advertisements such as search engine ads, Facebook or Instagram ads, or anything similar that would compete or otherwise cannibalize Seobility’s marketing and cause confusion for potential customers.
bid in your pay-per-click campaigns on keywords such as seobility.net, seo bility, seobility coupons, seobility discounts, seobility, www.seobility, https://www.devobility.net , and/or any misspellings or similar alterations of these, be it separately or in combination with any other keywords. In order to use any seobility related keywords through paid advertising you need prior approval from one of Seobility’s affiliate managers and direct the traffic from such campaigns to your own website prior to redirecting it to our website.
use “doorway pages » in such instances or overall as part of Seobility’s promotional activities is also strictly prohibited.
transmit any so-called “interstitials,” “Parasiteware,” “Parasitic Marketing,” “Shopping Assistance Application,” “Toolbar Installations and/or Add-ons,” “Shopping Wallets » or “deceptive pop-ups and/or pop-unders » to consumers from the time the consumer clicks on a qualifying link until such time as the consumer has fully exited the Seobility Website (i.e., no page from our site or any Seobility content or branding is visible on the end-user’s screen). As used herein a. “Parasiteware » and “Parasitic Marketing” shall mean an application that:

(a) through accidental or direct intent causes the overwriting of Affiliate and non-Affiliate Commission tracking cookies through any other means than a customer initiated click on a qualifying link on a web page or email;
(b) intercepts searches to redirect traffic through an installed software, thereby causing, pop ups, Commission tracking cookies to be put in place or other Commission tracking cookies to be overwritten where a user would under normal circumstances have arrived at the same destination through the results given Internet search and directory engines (services referred here as examples include, but are not limited to, Google, MSN, Yahoo, Hotbot);
(c) set Commission tracking cookies through loading of the Seobility site in IFrames, hidden links and automatic pop ups that open Seobility website;
(d) targets text on websites, other than those sites 100% owned by the application owner, for the purpose of contextual marketing; or
(e) removes, replaces or blocks the visibility of affiliate banners with any other banners, other than those that are on websites 100% owned by the owner of the application.

Or any other use that may be regarded as fraudulent according to common online marketing practice according to generally accepted industry specific code of conducts and guidelines (such as of IAB Europe)
The Affiliate shall be liable for damages arising from the violation of the obligations of this agreement and from its own conduct or that of its employees. The Affiliate shall indemnify and hold seobility GmbH harmless from any and all third-party claims arising therefrom.
Violations shall also result in exclusion from the program and cancellation of the illegally generated commissions. This also applies to commission reclaims up to 12 months after payment.

Contract duration & termination

The duration of the contract is unlimited.
Both parties may terminate the contract without giving reasons by giving one week’s notice. The termination must be made either in writing, stating the first and last name, company name (if available), user name, customer number and full address or via the affiliate account on the website.
In the event of a violation of the terms of use or applicable law, seobility GmbH shall be permitted to terminate the contract with immediate effect. There shall be no claim to payment for commissions earned in the course of such violations.
Within a two-day period after the end of the contract, the Affiliate shall take down any advertising material of Seobility from its website or from its campaigns by irrevocably deleting the advertising material of Seobility.
If the contract is terminated by either party without an existing breach, the remaining balance will be paid out on the next payout date, provided that the minimum payout value has been reached.

Confidentiality

Any information from this contract, side agreements and communications, which became known in the context of this partner program, are to be treated strictly confidentially.

Disclaimer

The Affiliate is prohibited from acting and/or pretending to act on behalf of seobility GmbH or Seobility. seobility GmbH shall not be liable for any illegal practices of the Affiliate that contradict the guidelines set forth herein.
Any third party claims arising from a violation of these Terms of Use shall not be the responsibility of seobility GmbH. The Affiliates are independent business partners who act on their own responsibility.

Final Provisions

These Terms of Use as well as any agreements concluded thereunder between seobility GmbH and the Affiliate shall be governed by the laws of the Federal Republic of Germany to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
Any amendments or supplements to these Terms of Use must be agreed upon in writing.
Should one or more provisions be invalid, this shall not affect the validity of the remaining agreements. In place of the ineffective agreement, a provision shall come into effect that fulfills the economic sense and purpose of the ineffective provision in a legally permissible manner.