§ 1 Programme

The partner must register for the partner programme using the data requested during the registration process. Once registered, a customer account will be set up for the partner, which the partner can then use to manage their activities.

§ 2 Advertising material

For approved campaigns, up provides the partner with a specific HTML code for links and other advertising materials, which identifies users of the partner websites when they click on links. The partner must integrate this HTML code into their website to enable the tracking. The partner bears full responsibility for placing their approved advertising on the website registered and approved as part of the partner programme (hereinafter 'partner website'). The partner is free to decide whether and how long they place the advertising on their partner website. They are entitled to remove the advertising at any time. The partner must use the advertising provided by up in the provided format. The partner must not use HTML codes or advertising. The advertising may also only be used within the programme, and only on the partner site originally registered for the programme. Up labels and trademarks may only be used with written consent.

§ 3 Commission

The partner receives a commission for successfully arranging transactions. The details can be found in the respective campaign's description in the partner programme and these conditions of participation. The partner will be entitled to be paid the commission insofar as the following requirements are met: 

- Up secures a sale with an end customer as a result of the partner's advertising, 

- The sale has been logged ('tracked') by up, 

- The sale has been approved and confirmed by up, and 

- There is no evidence of abuse as defined by these conditions of participation. 

A sale is considered as being a complete order generated on our website by an end customer who has registered as a result of the partner’s promotional activities, and who has paid for this order. Reversed transactions – regardless of the reason for these – are not considered sales if the end customer has not paid or payments they have made are refunded. Reversed transactions occurring more than eight weeks after the end customer’s payment will not be taken into consideration. The tracking system used by up determines whether a sale is based on a partner lead or not. Subject to other rules established in the partner programme or in individual campaigns, the principle of ‘last cookie wins’ shall apply for cookie durations of 3 years. UP is not obliged to pay if and insofar as the tracking system fails or another malfunction occurs, preventing leads or sales to be attributed to specific partners at all, or only with considerable effort and expense. The remuneration amount is based on the commission stated for the respective campaign at the time of the sale. Unless otherwise stated, a commission of 25% of the net price of the respective sale shall apply. All stated commissions are considered net fees, and are paid plus VAT. The partner will check its billing in the customer account every week. If the partner objects to a bill, this must be raised with us in writing within four weeks. Once this four-week period has elapsed, the billing shall be deemed as in order. Remuneration claims are payable two months after the end of the month in which the end customer’s payment for the relevant sale has been received. Payment is made via PayPal to the PayPal account stored by the partner in their customer account.

§ 4 Advertising measures

The partner may only advertise up using the current programme's advertising materials. Email advertising containing advertising materials or which otherwise advertises up is only permitted if all recipients have expressly consented to the email advertising, and verification of the email address has been performed and documented via a double opt-in process. The partner shall ensure the advertising is recognisable, and shall refrain from any deceptive advertising measures. Forwarding a fake domain to a site containing up advertising materials is prohibited. Advertising for up on layers, pop-ups, pop-unders or site-unders is only permitted with written approval. Partners must not place any up links or advertising materials on third-party websites. Technical solutions causing advertising materials to be clicked on without conscious, voluntary action by the Internet user are prohibited. Forced-click campaigns are not permitted. The use of post-view tracking is similarly not permitted. The partner is prohibited from engaging in search-engine marketing using terms protected by under naming laws, company law and/or trademark law, or using up symbols (metatag advertising, keyword advertising, etc.). This also applies to similar terms, such as fake terms. The use of diallers or spyware/malware is not permitted. Discriminatory assertions or statements about race, gender, religion, nationality, disabilities, sexual orientation or age, depictions of violence, and sexually explicit or pornographic content are not permitted on the partner's website. Passing commissions on to end customers is prohibited (also: bonuses in the form of virtual points, money or points (incentivisation, virtual currency, cashback). Equally prohibited is the faking of leads or sales that have not really happened, e.g. by unlawfully providing external information or providing incorrect or non-existent data when ordering goods on the up website; using forms of advertising that enable tracking but do not show the advertising material noticeably or in the specified form and/or size, or fail to show it at all; cookie dropping (cookies must not be applied as soon as the website is entered, but rather only if the user has voluntarily and consciously clicked on the advertising material beforehand); affiliate fraud (particularly cookie spamming, forced clicks, affiliate hopping); and the use of layers, add-ons, iFrames and post-view technology to increase lead generation. In particular, any end customer order of the Affiliate Partner, including by related persons, organisations or companies, is prohibited. For the rest, the partner similarly commits to running the partner website in accordance with the applicable law, and particularly to providing a proper Legal Info section. the partner shall release up and its staff/contractors from any third-party claims resulting from any recourse sought for alleged or actual legal breaches and/or breaches of third-party rights caused by partner actions associated with the partner programme. The partner also commits to reimbursing all expenses incurred by up as a result of such third-party claims. Reimbursable costs shall also include costs for appropriate legal defence. For every case of abuse, the partner commits to paying a contractual penalty set at up's discretion, and which shall be reviewed by a court in the event of dispute, in accordance with the aforementioned provisions. The contractual penalty shall not exceed an amount equal to twelve times the partner's highest monthly turnover during the six months prior to the abuse. This provision shall not affect further compensation claims. In this case, UP is authorised to cancel any cooperation at its own discretion.

§ 5 Duration / Miscellaneous

The contract shall run for an indefinite period, and may be terminated by either party at any time, without notice and without stating reasons. Terminations may be made by email. The contract shall end once the termination has been received. Once the contract has ended, the partner is obliged to immediately remove all advertising materials and other up links and content. If these conditions of participation contain invalid provisions, this shall not affect the validity of the remaining provisions.