A.A.A. Affiliate Program — Participation Terms (European Union)

1. Scope of Application

These Terms of Participation ("GTC") apply to the contractual relationship between AlienTools GmbH, Plauener Str. 163-165, Geb. 2, Aufg. B, 2.OG, 13053 Berlin, and the contracting parties ("Partners") of the Alien Affiliate Alliance ("A.A.A. Program"). Services are rendered exclusively on the basis of these GTC; partner terms require our express written consent.

2. Formation of the Contract

A contract is formed only via our online application process. By signing up, the partner makes an offer to participate and accepts these GTC. A contract is concluded only when we expressly accept the offer. There is no right to participate in the A.A.A. Program; we may reject applicants without giving reasons.

3. Object of Contract

The object is participation in the A.A.A. Program to increase sales through advertising on the partner's website or social media accounts ("Partner Website/SMA"). Participation is free. We provide a selection of advertising materials. The partner decides freely whether to place the materials and may remove them at any time.

For successfully arranged transactions (e.g., completed orders), the partner receives a commission per the campaign description and these GTC. The A.A.A. Program does not establish any other contractual relationship between the parties.

4. Methods of Operation

The partner registers using the data requested. After registration, an affiliate account is set up. Specific HTML codes (links, coupon codes, materials) are provided to track Partner Website/SMA users. The partner integrates these codes to enable tracking. The partner has access to certain statistical data through the affiliate account.

5. Our Duties

We provide advertising materials at our discretion and operate tracking. We do not owe error-free or interruption-free availability. The quality and correctness of the products and advertising materials offered are at our sole discretion. We pay commission per Section 7.

6. Partner's Rights and Obligations

The partner may only integrate the advertising material into the registered Partner Website/SMA. Modifications are prohibited. The partner is responsible for the content and operation of their site and may not place content that violates law, morality, or third-party rights. Specifically prohibited: racism, glorification of violence/extremism, incitement to crime, threats, hate speech, infringements/defamation, copyright infringement, and sexual harassment.

Abuse is prohibited, including: false-pretenses leads, hidden ad tracking, cookie dropping, cookie spamming, forced clicks, affiliate hopping, layers/iframes/postview without intent, and the unauthorised use of AlienTools trademarks in search advertising. Email advertising containing AlienTools materials requires our prior approval and a documented double-opt-in.

The partner must remove materials when prompted. Any context-based advertising containing AlienTools brand or product names is prohibited. Electronic attacks on our tracking system are prohibited.

7. Commission

The partner receives a performance-related commission for completed sales generated through partner leads. A commission claim arises only when: a sale was generated through the partner's advertising, was tracked by us, was released and confirmed by us, and is not the result of abuse under Section 6.

A "sale" is a complete order paid by the end customer. Cancellations or refunds — for any reason — are not sales. Reversals more than 8 weeks after the customer's payment are disregarded. Orders by the partner or family members are not commissionable. Orders generated after the partner is asked to remove ads are not commissionable.

Tracking uses the "Last Cookie Wins" model with a 30-day cookie window unless otherwise specified. The amount of commission is set out in the additional provisions and at campaign level. All commissions are gross including VAT where applicable.

8. Billing

A commission statement is provided 15 days after the end of the month. The partner must raise objections in writing within 2 weeks. Commission claims are due 30 days after the end of the month in which the customer's payment falls. The minimum payout is €25 net. Partners may request smaller payouts subject to a €5 net flat fee.

Payouts are made via PayPal to the partner's PayPal account. In exceptional cases, bank transfer to the partner's account is possible (bank charges deducted from payout). The partner is responsible for the accuracy and currency of tax data and for the proper taxation of income.

9. Liability

We are fully liable for intent and gross negligence and per the Product Liability Act. For slight negligence we are liable only for breach of a material contractual duty (cardinal obligation) and only for foreseeable, contract-typical damages. The above limitations apply to the personal liability of our employees, representatives, and establishments.

10. Indemnification & Contractual Penalty

The partner indemnifies us and our agents against third-party claims arising from infringement or breach of third-party rights by the partner. For each case of abuse under Section 6.3 the partner pays a contractual penalty determined at our reasonable discretion (subject to court review), capped at twelve times the partner's strongest monthly revenue in the prior six months.

11. Rights of Use

Advertising material and other content are protected by copyright. We grant the partner a simple, non-exclusive right to use the advertising material for the duration and purpose of this agreement. Modifications, duplication, or public reproduction beyond the granted scope require our prior written consent.

12. Confidentiality

The partner keeps all business and trade secrets and other confidential information confidential indefinitely (beyond contract end), uses it only for contract purposes, and does not disclose to third parties. The partner obligates employees and others assisting in performance to comply with confidentiality.

13. Term & Termination

The contract runs indefinitely (while the partner remains active per Section 13.2) and can be terminated by either party at any time without notice. The partner remains active by maintaining a link or sharing program advertising material at least once a month. Failure to do so allows AlienTools to terminate immediately.

Extraordinary termination for cause remains unaffected, in particular for serious breach (Sections 6.2, 6.4, 6.8, 6.9), failure to cure infringement on request, or abuse under Section 6.3. Termination may be by email; we may also terminate by restricting account access; the partner may terminate by deleting their account. Leads or sales generated after termination do not result in commission.

Instead of termination, we may suspend the account if reasonable suspicion of misuse exists; leads/sales during suspension do not result in commission.

14. Final Provisions

If a provision is invalid, the others remain in effect; an invalid provision is replaced by a valid provision coming as close as possible to its intent. We may change these GTC at any time; changes are notified by email. The partner may object within four weeks; we then have a special right of termination. Without timely objection, the changes take effect.

This contract is subject exclusively to German law. If the partner is a merchant or a legal entity under public law, Berlin shall be the place of jurisdiction for all disputes. The contract language is German; this English translation is for clarification, with the German version controlling in case of conflict.

Last revised: 2025-04-08