The German-language version of the Terms of Service is the sole applicable version.
YieldKit UG (haftungsbeschränkt) (hereinafter referred to as “YIELDKIT”) is a technology service provider which makes it possible for website operators (hereinafter referred to as “PUBLISHERS”) to make money from existing product links, names of products, manufacturers/brands or shops (hereinafter referred to as “Keywords”) by advertising them using affiliate marketing, CPC campaigns or other forms of online advertising.
For the legal relationship entered into between the PUBLISHER and YIELDKIT by way of registration, the following General Terms of Service shall apply exclusively in their current version.
Any differing General Terms of Service of the PUBLISHER or amendments and supplements to these General Terms of Service shall only be valid if they are approved by YIELDKIT in writing. This shall apply even if the Terms of Service of the PUBLISHER have not been expressly objected to.
YIELDKIT offers two services: “YieldWord” and “YieldLink”.
“YieldLink” converts existing product links on the Publisher’s website into affiliate links when a user clicks on said product link. After clicking on the link, the user is taken to a third party website where he can carry out a transaction. If a transaction takes place whereby the user purchases a product or generates a lead, a commission will be distributed to YIELDKIT which it will forward to the Publisher after deducting a revenue share.
“YieldWord” converts Keywords into product links without changing the Keyword name. After clicking on the link, the user is taken to a third party website where he can carry out a transaction. If a transaction takes place whereby the user purchases a product or generates a lead, a commission will be distributed to YIELDKIT which it will forward to the Publisher after deducting a revenue share.
§3 PARTIES TO THE CONTRACT
YIELDKIT and the PUBLISHER are the parties to the present contract.
The PUBLISHER operates one or more websites containing editorial content or user generated content.
YIELDKIT has a separate contractual relationship with affiliate networks and advertisers.
The PUBLISHER has a separate contractual relationship with its users, over which YIELDKIT has no influence.
§4 CONCLUSION OF THE CONTRACT
The PUBLISHER will register his website at http://yieldkit.com/sign-up and accepts these General Terms of Service. The PUBLISHER must enter all data required for registration correctly and in full and keep them up-to-date. By sending the registration form, the PUBLISHER is giving an offer for the conclusion of the contract on the use of the YIELDKIT tools.
If YIELDKIT accepts this offer, it will send an email confirming the email address given, which the PUBLISHER will then confirm.
The PUBLISHER’s confirmation will activate the account so that the PUBLISHER can use the YIELDKIT tools.
YIELDKIT reserves the right to decline the registration without stating its reasons. In this case, the details entered during registration will be deleted immediately.
§5 SERVICES PROVIDED BY YIELDKIT
YIELDKIT shall provide the system in which the PUBLISHERS can register, manage and configure their accounts.
YIELDKIT shall provide the PUBLISHER with an analysis tool which can be used to check the performance of individual campaigns and keywords in addition to revenue generated.
YIELDKIT shall set up campaigns in the system and implement them via the “YieldWord” service by way of links on the PUBLISHER’s website, optimising the links according to performance criteria.
YIELDKIT shall use the “YieldLink” service to convert product links and links to shops or manufacturers into affiliate links, as long as an affiliate programme for the link in question exists. The convertibility of the link shall be checked by YIELDKIT when the user clicks on the link.
YIELDKIT shall conclude contractual relationships with affiliate networks and advertisers and settle the net sales generated with them.
YIELDKIT shall issue monthly invoices if an amount higher than 30 Euros has been generated. If 30 Euros is not generated, the amount generated will be accumulated and an this amount is reached. Credit notes will be sent to the email address given by the PUBLISHER and the amount will be transferred to the bank or PayPal account provided by the PUBLISHER. The amounts will only be credited and transferred after payment of its commissions has been received by YIELDKIT.
§6 SERVICES AND DUTIES OF THE PUBLISHER
The PUBLISHER shall register in the system and configure it to his own requirements. The PUBLISHER shall define the intensity with which “YieldWord” works, i.e. which type of keywords are converted and how many links may be set per word frequency.
When the user moves his mouse over the link set by “YieldWord”, a text will be displayed which is individually configured by the PUBLISHER. For example: “This product is recommended by YIELDKIT”.
The PUBLISHER shall define those advertisers and shops whose links should not be converted.
The PUBLISHER shall define whether existing affiliate links (placed by the editors or by users) will be converted.
The PUBLISHER shall define a password and agrees to take appropriate measures to protect this password and the user account from being accessed by unauthorised third parties. If there is reason to suspect that third parties have knowledge of the password or access data for the user account, the PUBLISHER agrees to inform YIELDKIT of this by email immediately at firstname.lastname@example.org.
The PUBLISHER shall make sure his website contains a proper service provider identification in accordance with Art. 5 of the German Telemedia Act (TMG). The PUBLISHER also agrees not to publish any content which is illegal, which violates the rights of third parties or which transgresses standards of decency. Illegal content includes that which violates intellectual property rights, commercial rights or other rights of third parties, especially copyright, trademark rights and privacy rights of third parties. In particular, the PUBLISHER agrees not to publish any content which is punishable under criminal law, pornographic, which is liable to harm young people, which breaches regulations, which is racist and/or which glorifies violence.
In the event that the obligations set out under Clause 6 f) and 6 g) are violated, the PUBLISHER shall hold YIELDKIT harmless of all claims, including claims for damages, which third parties (i.e. affiliate networks or advertisers) bring against YIELDKIT. The PUBLISHER shall take responsibility for all YIELDKIT’s reasonable expenses as a result thereof, including reasonable expenses for legal defence. All YIELDKIT’s other rights and damages claims shall remain unaffected. The PUBLISHER retains the right to prove that YIELDKIT’s actual costs were lower. If the PUBLISHER is not responsible for the violation of rights, the PUBLISHER’s above-mentioned duties shall not apply.
§7 DURATION OF CONTRACT, TERMINATION
The contract between YIELDKIT and the PUBLISHER is for an unlimited period of time.
The contract can be terminated at any time by the PUBLISHER unsubscribing.
In case of cancellation, any outstanding confirmed payments at the time of cancellation shall be transferred as remaining credit on receipt of cancellation. If the remaining credit is less than 30 Euros, a processing fee of 5 Euros will be levied.
If, two (2) years after registration, no payments have been credited to the PUBLISHER’s account, YIELDKIT reserves the right to close the account and to delete the registration. It is possible to register again. The limitation period for claiming payments shall be three (3) years from the end of the year in which the payments were credited to the account.
As soon as a transaction takes place via a product link which was either converted or placed by “YieldLink” or “YieldWord”, the advertiser shall pay a commission to YIELDKIT either directly or via an affiliate network.
The number of transactions and commissions generated can be checked at any time using the analysis tool “Pro Analytics”.
For commissions generated via “YieldLink” as set out in Clause 9, YIELDKIT shall give 75% of the paid commissions to the PUBLISHER.
For commissions generated via “YieldWord” as set out in Clause 9 using CPO and CPL campaigns, YIELDKIT shall give 70% of the paid commissions to the PUBLISHER. In the case of CPC campaigns, a variable proportion shall be paid which depends on different factors such as the number of valid clicks or the CPC agreed on with the advertiser.
The PUBLISHER may recruit further publishers. If the recruitment is successful, for one year the recruiter will receive 10% of the affiliate revenues which YIELDKIT generates via the recruited Publisher, after the revenue share has been deducted. The newly recruited Publisher must be generated using the personalised Partner Link which the PUBLISHER will find in his account.
The credit solely takes payments which have been confirmed into account; preregistered payments do not count towards the credit.
Commissions will only be paid to the PUBLISHER when YIELDKIT has received the payment.
§9 RECORDING AND ASSESSMENT OF PAYMENTS
If a user calls up a link which has been created or converted by the PUBLISHER via YIELDKIT, different recording technologies (Tracking) within the context of the affiliate programmes will be used by various YIELDKIT partners to monitor possible business transactions which may occur following a third party’s visit to a website (i.e. online shops and other online providers of goods and services) as a result of the linked recommendation.
If a business transaction occurs as the result of such a link between the user and the provider of the website promoted via the recommendation, YIELDKIT will receive a transaction-related payment from the advertiser or an affiliate network. YIELDKIT will keep a record of via which PUBLISHER the transaction came about and if the transaction is successful YIELDKIT will credit the PUBLISHER according to the conditions detailed in Clause 8 of these General Terms of Service.
The PUBLISHER shall only have a claim to the transaction-related payment resulting from his recommendation if the following conditions are fulfilled:
a business transaction between a third party and the respective recommended website comes about via the link converted by YIELDKIT or which was placed on the PUBLISHER’s website,
the link is successfully linked with an affiliate programme of partners of YIELDKIT,
the business transaction is recorded (“tracked”) by the linked affiliate programmes and is approved by them or by their respective partners, and
no abuse of the system has taken place, especially but not exclusively as regards feigning business transactions which in reality have not taken place, i.e. due to unauthorised use of another person’s details or use of false or non-existent details when ordering goods and/or services or online registrations,
the third party has not withdrawn from the purchase or transaction by returning the item or cancelling the purchase.
§10 DATA PROTECTION
YIELDKIT expressly agrees to comply with the legal regulations for the protection of personal data.
When using the tools provided by YIELDKIT, only the data which is required for registration, operation, use and development of the YIELDKIT products shall be collected and used.
More information on data protection can be found in the separate data protection regulations for “YIELDKIT”.
YIELDKIT accepts no liability for the content of third parties’ websites, for any damage caused as a result of the defectiveness or incompatibility of the PUBLISHER’s software or hardware, or for damages caused as a result of a lack of availability or of malfunctioning of the internet.
Liability shall be incurred - for whatever legal reasons - only
in the case of intent or gross negligence of a legal representative of a managerial employee or other vicarious agent,
on the grounds of any culpable violation of a fundamental contractual duty (whereby the term “fundamental contractual duty” abstractly refers to a duty which must be fulfilled in order for the contract to be implemented properly, and which the other party to the contract may ordinarily rely upon), or on the grounds of default and impossibility of performance.
In the case of financial loss or material damage, liability is limited to the amount of typically foreseeable loss according to Clause 11 b) ii).
The above-named liability limitations do not apply in cases of mandatory statutory liability, especially according to the German Product Liability Act (Produkthaftungsgesetz), or in cases of offering a warranty, or culpable injury to life, limb or health.
§12 RESERVATION OF RIGHT TO AMENDMENTS
According to the following provisions, YIELDKIT reserves the right to amend the General Terms of Service and the services provided, with the exception of fundamental contractual obligations, as long as said amendments are reasonable when taking into consideration the interests of YIELDKIT and the PUBLISHER, especially when taking into account changes in circumstances over which YIELDKIT had no influence, or in order to close a loophole which has arisen in the contract, or if the amendments are not fundamentally associated with any disadvantages, for example amendments to contact details or the inclusion of additional services or similar.
YIELDKIT will inform the PUBLISHER in advance of an amendment to these General Terms of Service via one of the following methods: Either the amended conditions of use will be made available to the PUBLISHER and his approval sought before activation of the new functions or services within the YIELDKIT products, or YIELDKIT will inform the PUBLISHER of said amendment by email to the email address provided on registration with due notice, at least one (1) month before the amendment is intended to enter into force.
Approval of the amendments is deemed to have been granted if the PUBLISHER has not objected to them in writing within one (1) month of receiving the communication. The letter of objection must have been delivered to YIELDKIT within one month of receiving the communication.
In case of objection, YIELDKIT is entitled to proceed with an extraordinary cancellation of the contract.
In the message concerning the intended amendment to these General Conditions of Service, YIELDKIT shall indicate the possibility of objection, the form it should take and the deadline, the legal consequences of an objection which does not comply with the correct form or meet the deadline, and the fact that YIELDKIT may terminate the contract extraordinarily.
§13 OTHER PROVISIONS
YIELDKIT can involve additional advertisers at any time. The Publisher accepts said advertisers if he has not listed them as “excluded” in his personal system settings.
§14 FINAL PROVISIONS
This contract shall be governed by the laws of the Federal Republic of Germany shall apply, to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods.
Insofar as legally admissible, sole jurisdiction shall be Hamburg, Germany.
If YIELDKIT’s contractual partner has his headquarters or place of residence outside the European Union, all above-mentioned disputes shall be settled conclusively according to the Rules of Arbitration of the Hamburg Chamber of Commerce without recourse to the courts of law.
If individual provisions of these General Terms of Service are not legally valid, lose their legal validity due to later circumstances or if it comes to light that there is a loophole in these General Terms of Service, the legal validity of the other provisions shall remain unaffected.
The contracting parties undertake to agree on a legally valid provision in place of the legally invalid one, which shall reflect as closely as possible the economic purpose of the legally invalid provision.