Terms and Conditions of Participation in the Douglas Czech Affiliate Program
1. Subject of the agreement
(1) These Terms and Conditions of Participation govern collaboration within the Douglas Affiliate Program between you as a sales partner (hereafter referred to as "Affiliate" or "Partner") and Parfumerie Douglas s.r.o. (hereafter referred to as "Douglas") on the Douglas Affiliate Private Network (pvn.douglas.cz).
(2) Natural persons must be at least 18 years old and have full legal capacity to be participants of the Affiliate Program.
2. Creation, content & maintenance of the partner website
(1) We will provide you with a selection of links to graphics and text (hereafter referred to as the "Links") for your website via Awin for use under the Affiliate Program. The Links are used to identify your website on our affiliate network and establish the connection from your website to our website. For the purposes of the Affiliate Program, you may only use these Links to connect to our website. The Links may direct to different parts of our website. Our instructions for incorporating the Links must be observed for technical configuration and maintenance. To ensure that the Links/advertising material are up to date, you must immediately replace them with new Links or new advertising material that are provided by us (e.g. new editorials), unless such Links/advertising material are dynamically maintained or changed by Douglas itself.
(2) You may include a reasonable number of the Links in all appropriate areas of your website. The Links may only be integrated into the website with the domain (URL) you specified when registering for the Douglas Affiliate Program. You may also include the Links in e-mail newsletters that you send, if the newsletter is directly related to the given website. This requires in particular that you use the same name (brand) and the same domain as sender for both the website and the newsletter. The requirements in these Terms and Conditions of Participation for your website apply mutatis mutandis to such newsletters.
(3) In the event of a change in the
· domain and/or
· substantive content or the commercial purpose
of your website, you must inform Douglas at least one week in advance in text form (e.g. by e-mail) and immediately submit the changes at pvn.douglas.cz. The inclusion of Links under the new domain or from the changed website is still allowed, as long as Douglas does not object to such use.
(4) Maintenance of your website is your sole responsibility. As long as you use our Links, you must regularly check that the information and Links relating to Douglas products are up-to-date and, if necessary, you must update them immediately.
(5) You must not configure your website in a way that creates confusion with our website or creates the impression that your website is our website or part of our website. In particular, the domain (URL), title and metatags of your website must not contain the terms "www.douglas.cz", "douglas.cz", "Douglas", "Douglas parfumerie", "Douglas-parfumerie", "Parfumerie Douglas" or "Parfumerie-Douglas" or misspellings of these terms. Incorrect spellings of our domain "douglas.cz" of any kind are not allowed, regardless of the nature of their use.
(6) Your website must not be your own affiliate network (except with the express prior written consent of Douglas) and must not primarily consist of sweepstakes, gambling or banner exchange offers. Your website and any advertising for your website must be free of illegal content, pornography, erotic content, depictions of violence (especially sexual violence, violence against people or animals), discriminatory depictions of persons, insults, extremist, radical political content and content harmful to minors, the trivialization or glorification of drugs or weapons and free of any inappropriate use of language (sexualized language, strong language, blasphemy, etc.). Your website must also not contain any links to other websites with such content. Your website, advertising for your website and hyperlinked websites must also not contain any other content that could damage the reputation of the Douglas brand.
(7) You may only create cookies for the purposes of the Affiliate Program if advertising material provided by Douglas is used, the advertising material is visible and a human user must actively click on the advertising material for the cookie to be created. Hidden incorporation of the Douglas webshop in order to create a cookie for the user is not allowed in particular. In general, you are not allowed to use iFrames, pop-ups/pop-unders and layer media that load Douglas advertising or the Douglas webshop and create a cookie for the user without the user's interaction (cookie dropping, cookie spreading or comparable techniques).
(8) The use of adware, spyware and malware applications or comparable software tools is prohibited under the Affiliate Program. Orders that are generated by browser plug-ins, toolbars or other add-ons using an electronic notification will not attract commission under the Affiliate Program.
(9) The use of PostView tracking is prohibited, unless Douglas has expressly given its consent in writing to the use of this method. If Douglas has given its consent to such tracking, a maximum of one cookie may be set for PostView delivery.
(10) The Links may not be used on websites which grant their users financial or other advantages for receiving advertising content and/or interacting with advertising media (in particular bonus systems, cashback programs, paid mail systems, paid homepages, paid-for services, paid-to-click sites or click rallies). Exceptions to this require the prior express consent of Douglas in text form.
(11) The Links may not be used on advertising-only pages (which have no relevant content other than advertising), on redirect or doorway pages (that only serve as intermediate pages to forward to another page) or on "under construction" pages that do not have their own content.
(12) Banner networks shall only be permitted with the prior express consent of Douglas in text form.
(13) The use of "forced clicks" on Links is prohibited.
(14) When sending e-mails containing advertising for Douglas, unsolicited e-mail advertising ("spam") is prohibited. Sending unsolicited e-mails with advertising content is prohibited. You indemnify Douglas against all claims by third parties in the event of any infringement and shall compensate Douglas for all loss incurred by Douglas as a result of the infringement.
(15) The following brands may not be advertised via the Affiliate Program:
3. Advertising commission
(1) If your advertising leads to an order and a contract with Douglas you will receive the payment (commission) from Douglas, accordingly to the regulations described in this section 3. Only orders resulting from proper marketing in accordance with this agreement on your website will attract commission. Douglas reserves the right to reject orders, particularly orders which would exceed normal household quantities.
(2) For the purpose of calculating your advertising commission, only revenue for Douglas from sales by Douglas via the Douglas Online Shop to customers, who accessed our website via one of the Links on your website immediately before their purchase ("last cookie wins"), shall be taken into account. Such sales shall be taken into account when calculating your advertising commission, once sale, delivery and full payment of the goods are complete. Orders placed by employees of the Douglas Group are not included, when calculating your advertising commission. Please note that sales to customers who do not land on our website via a Link on your website immediately prior to placing an order will not count towards your advertising commission, even if they have previously landed on our website or purchased via your website.
(3) We apply the basket freeze method to ensure a fair distribution of commissions between the individual sales channels. Basket freeze applies for 30 minutes after a product is added to the basket.
(4) Douglas reserves the right to reject orders that do not comply with the Douglas guidelines (e.g. customer not creditworthy, incorrect customer data) and to exclude such orders from commission. Douglas also reserves the right to cancel commissions in the case of full returns or to reduce them proportionately for partial returns, and to reclaim them if necessary.
(5) Douglas pays a commission of the amount published by Douglas at the time of registration for the Douglas Affiliate Program (e.g. douglas.cz). Douglas may change the amount, the method of calculation and other elements of the commission at any time within two weeks’ notice, especially regarding promotions where Douglas offers customers particularly favourable conditions. You will be notified of changes via the network or in text form.
(6) You must carefully check the invoices issued to you by the networks and raise objections in text form within one month. Otherwise, the account shall be treated as approved, unless it was not possible to raise the objection within the period of one month. Claims for payment or reimbursement of commission shall expire for both parties three months after their due date. Transaction queries for sales that are older than three months will be generally rejected.
(7) All commissions shall be calculated on the basis of the net order value (sales minus shipping costs, sales tax, cancellations, order duplicates, full and partial returns and other invalid sales). No commission is paid for the sale of gift cards. When gift cards are redeemed, the face value of the gift card is deducted from the amount used to calculate the commission. For exact details of the current commission structure, please see our program description.
(8) The commission and any bonuses shall be credited after the pending time has expired and shall be paid in the following payment period.
(9) The minimum amount for commission to be paid out is EUR 5.00. Any lower commission credit balance will only be paid to you if the Agreement is ended.
4. Rights of use
You are granted a non-exclusive, non-transferable, non-sublicensable right, revocable at any time, to link to our website in accordance with these Terms and Conditions of Participation. Exclusively in connection with such Links, you also have the non-exclusive, non-transferable, non-sublicensable right, revocable at any time, to use the Douglas logo and other materials provided for the purpose of promoting our website. This right only applies for the purpose of creating links between your site and our site to enable your users to purchase Douglas products. You may not edit or alter the licensed materials in any way. Any violation of the above provisions shall entitle Douglas to terminate the agreement without notice.
5. Your obligations
(1) You are fully responsible for setting up, operating and maintaining your website and for all materials that appear on your website. This applies in particular to technical operation of your website and the necessary technical systems.
(2) You guarantee that you will act in accordance with applicable law at all times in connection with your advertising activities for Douglas. In particular, you will not advertise in a way that infringes the intellectual property rights of third parties (in particular copyrights, trademark and labeling rights), violates the provisions of the Unfair Competition Act (UWG) or is otherwise unlawful.
(3) You must indemnify us against any claims by third parties and our costs in connection with defending against claims by third parties that are associated with the setup, operation or maintenance of your website for which you are responsible, and the content of your site, unless such claims relate to advertising material or product data provided by Douglas. You must also support Douglas in defending against such claims by third parties by making statements, in particular affidavits, and by providing other information.
(4) You must refrain from all actions that impair the functionality of the Affiliate Program software or the system (e.g. email bombs, etc.) and shall be liable for all loss incurred by Douglas as a result of such actions for which you are responsible.
(5) You must not use any materials from us on your website that you have not received with our prior permission or through our Affiliate Program website on pvn.douglas.cz. You will not distribute, directly or indirectly, any advertising material relating to us other than such materials, unless you have submitted such material to us and obtained our prior written consent. You must obtain the above consent in particular if you wish to advertise on a third party website or in other media for your own website, using the above materials or with reference to Douglas. In all cases, you must ensure that your website and advertising is not perceived as a Douglas website or as advertising placed by Douglas as a result of using the above advertising material and the Douglas name.
(6) Advertising of the Douglas website on advertising space in search engines or sponsored links, paid ad placements, keyword advertising or keyword targeting (such as GoogleAdwords, etc.) with other providers (such as Google, Yahoo, Bing) is not permitted.
(7) Please note the following when promoting your own website:
· The terms "www.Douglas.cz", "Douglas.cz", "Douglas", "Douglas parfumerie", "Douglas-parfumerie", "parfumerie Douglas", "parfumerie-Douglas" or incorrect spellings thereof must not be used either in the ad text or in the headings of your ads.
· You may only use the address (URL) that you specified during registration as the visible URL (Display URL) in the ad. See Section 2 (3) for the conditions governing a change in your domain.
· Automatic redirections to the Douglas website are not permitted.
· Bidding on the keyword "Douglas" and word combinations and combined words with "Douglas" including the Czech translations of the words "gift card", "gift cards", "coupon code", "discount", "discount code", "perfumery", "shop" and "de" (e.g. "Douglas", "Douglas parfumerie", "Douglas.cz" etc.) and similar spellings or misspellings thereof is prohibited.
· You must set the keywords "Douglas", "Douglas parfumerie" and "parfumerie Douglas" as "negative broad match" keywords in all your Adwords campaigns. This also applies to any combination of these keywords.
· Incorporating Douglas product data into the Google Merchant Center is not permitted.
(8) You are not entitled to prepare or accept offers on our behalf or to represent us. You are not a party to the processing of purchase agreements between us and our end customers. You shall not act as a commercial agent or commission agent for Douglas. You shall ensure that the design of your website does not create such an impression. You will not provide any information to third parties that could create such an impression.
(9) Your website must meet all relevant legal requirements, in particular for an imprint (legal notice) within the meaning of Section 5 of the Telemedia Act (TMG), and must provide users with all the information required by relevant data protection law. The Links to our website must be recognizable as advertising to the users of your website. If the processing of personal data triggered by clicking on a Link requires the user's consent under data protection law, you must obtain this consent in good time and in a legally effective manner.
6. Term of the agreement
(1) This agreement shall enter into force when you register electronically and your registration is accepted by Douglas and shall continue for an indefinite period. At the same time, you shall be granted access to the Douglas Affiliate Program.
(2) You and Douglas each have the right to terminate the agreement governing your participation in the Affiliate Program at any time with 2 weeks' notice. Notice must be in writing to be effective.
(3) Any violation by you of the terms and conditions of participation may result in the immediate suspension of your account until the violation has been rectified and, if applicable, may result in the termination without notice of the agreement regarding your participation in the Douglas Affiliate Program. Further legal steps, in particular the assertion of claims for damages, are also expressly reserved.
(4) You must remove all electronic advertising media and Links from your website immediately after the end of cooperation and must confirm to us that they have been removed in text form within a reasonable period of time.
(5) You are not entitled to commission for orders placed by customers after the end of the contractual relationship between Douglas and you.
(6) Claims to bonuses beyond the end of the contract are excluded.
7. Changes to the agreement
With your consent, we may change these Terms and Conditions of Participation at any time. We will inform you of such changes by e-mail or on the Affiliate Program website (pvn.douglas.cz) at least 4 weeks in advance of the effective date. You shall be deemed to have accepted a change if you do not object to the change in text form no later than 2 weeks after receipt of the corresponding notice of change. We shall inform you of this legal consequence again separately in the notice of change. If you disagree, we may terminate the agreement immediately as of the effective date of the change.
(1) Douglas will disclose or has already disclosed confidential information to you within the framework of the contractual relationship. All information expressly marked as "confidential" and any information the confidentiality of which is apparent from its content or the circumstances in which it is disclosed shall be treated as confidential. Confidential information also includes economic agreements between the parties and personal data collected or processed in connection with the Affiliate Program. If there is any doubt regarding the confidentiality of information, you must contact Douglas immediately and ask for clarification, but at the latest before disclosing such information to third parties.
(2) Confidential information does not include information where you can prove that: (a) the information was known to you before it was disclosed by Douglas; (b) you independently developed the information without recourse to or use of information from Douglas; (c) you lawfully received the information from third parties who, to the best of your knowledge, were not required to maintain secrecy vis-a-vis Douglas; (d) you or the public became aware of the information without violation of these provisions or any other rules protecting Douglas' commercial secrets; or (e) the information became known to you or to the public by reason of a legal obligation or an official or judicial process. In the last case above, you must inform Douglas immediately before disclosing the information, so that Douglas can take appropriate measures in its defense.
(3) Unless necessary for the performance of the agreement, you must keep confidential information from Douglas strictly confidential, you must not use it for purposes other than those under the agreement, and you must protect it with at least the same care as you employ to protect your own confidential information.
(4) The confidentiality obligations in this section shall apply for the duration of the agreement and for a period of 10 years after the end of the agreement.
(5) Press releases concerning cooperation are generally prohibited, but may be agreed with Douglas; they require consent by Douglas in text form prior to publication.
9. Liability of Douglas
(1) We shall operate our website within the limits of our technical capacity. We make no representations or warranties with respect to the affiliate network, Douglas products or that our website will be error-free and can be used without interruption.
(2) Douglas shall be liable for loss, for fault, in the event of a breach of essential primary contractual obligations (cardinal obligations) or in the event of a breach of a contractually assumed guarantee. Otherwise, we shall only be liable – irrespective of the legal basis, i.e. including claims arising from tort – in accordance with the German Product Liability Act, for injury to life, limb or health or if damage has been caused by us or our vicarious agents as a result of gross negligence or intent.
(3) In the event of a breach of an essential contractual obligation by minor negligence, Douglas shall only have a maximum liability up to the typically foreseeable loss, not exceeding your advertising revenues from this agreement in the last 12 months prior to the event.
10. Patents, copyrights, trademarks & intellectual property
(1) The Partner guarantees that third-party rights, in particular patent rights, trademark rights, copyrights, rights exercised by or assigned to collection societies or other property rights of third parties, are not infringed by the performance of its services in accordance with this agreement. The Partner also guarantees that claims by collection societies shall not arise from contractual use of the website.
(2) If claims are asserted against Douglas for actual or alleged infringement of the above rights, the Partner shall indemnify Douglas against all such claims and shall bear any costs incurred by Douglas. This indemnity also covers the costs of any necessary defense or claim. Douglas shall immediately inform the partner of any claim against it. The Partner's obligation to indemnify and bear the costs shall not apply to the extent that Douglas is at fault for the violation.
(3) In the event that a claim is brought against Douglas, the Partner shall, at its own expense, immediately ensure that it can perform its obligations under the agreement and, if necessary, shall acquire the rights required to perform its obligations under this agreement at its own expense.
11. Joint responsibility under data protection law
(1) Insofar as the contractual relationship between Douglas and the Affiliate results in responsibility as joint controllers, as defined by Article 26 of the EU General Data Protection Regulation (GDPR), the following paragraphs specify which of the two parties shall fulfill which obligation under the GDPR.
(2) The Affiliate shall take appropriate measures, pursuant to Article 12(1) GDPR, to provide data subjects with:
a) all information pursuant to Articles 13 and 14 GDPR; and
b) all notifications pursuant to Articles 15 to 22 and Article 34 GDPR,
that relate to the processing operations carried out by the Affiliate (i.e. either the Affiliate itself or a processor as defined by Article 28 GDPR on behalf of the Affiliate). This applies in particular to all processing operations in the Affiliate's electronic media, including the referral of potential customers to the Douglas Online Shop and the associated use of tracking technologies (in particular cookies) to record the Affiliate's advertising commission.
(3) Douglas shall take appropriate measures, pursuant to Article 12(1) GDPR, to provide the data subjects with:
a) all information pursuant to Articles 13 and 14 GDPR; and
b) all notifications pursuant to Articles 15 to 22 and Article 34 GDPR,
relating to the processing operations carried out by Douglas (i.e. either Douglas itself or a processor as defined by Article 28 GDPR on behalf of Douglas). This applies in particular to the recording of the advertising commission for the Affiliate in the Douglas Online Shop and the billing of this advertising commission with the Affiliate.
(4) If a data subject asserts rights under GDPR against a party:
a) the affected party shall fulfill the asserted rights as far as possible; and
b) the affected party shall inform the other party so that the other party shall otherwise fulfill the asserted rights.
(5) Both parties shall inform the data subjects of the essence of this arrangement, pursuant to Article 26(2) sentence 2 GDPR.
(1) This agreement is governed by Czech law. Prague is agreed as the exclusive place of jurisdiction. This does not apply to the order for payment procedure and other mandatory statutory places of jurisdiction from which no deviation may be made by agreement between parties. We also reserve the right to bring a claim at your general place of jurisdiction.
(2) This agreement may not be transferred, unless we have consented in text form to transfer of the agreement. Douglas is entitled to transfer this agreement and all its rights and obligations under this agreement to its affiliated companies within the meaning of Sections 15 ff. of the German Stock Corporation Act (AktG). Douglas will inform you immediately in text form of any such transfer.
Last updated: March 2020