Creators Terms & Conditions

for Sellencer GmbH

Introduction

Welcome to the Sellencer GmbH! This agreement (the “Agreement”) outlines the terms and conditions governing your participation as a Creator (you) in our program, regardless of your location. By signing up and using the Program, you acknowledge that you have read, understood, and agreed to be bound by these Terms of Service.

Sellencer GmbH, a German company, operates this program and offers a platform connecting Creators with Shops worldwide. This Agreement aims to be clear and transparent for all Creators, ensuring a smooth and successful collaboration.

Key Points for Creators:

    • This Agreement establishes a legal framework for your participation in the Sellencer GmbH.
    • You’ll promote Shops and their products or services offered on our platform, potentially expanding your audience reach.
    • We emphasize fair and honest marketing practices, adhering to all applicable laws and regulations in your territory.
    • Transparency is key! You’ll be required to disclose your affiliate relationship with Sellencer and the Shops you promote.

Definitions

This section defines key terms used throughout the Agreement to ensure clear understanding for both Sellencer GmbH and Creators (Businesses).

Here are some of the important terms we’ll define:

  • Creator (Business): A business or agency that applies and is accepted into the Program to promote products or services offered by Shops on the Sellencer platform.
  • Affiliate Link: A unique tracking link provided by Sellencer that identifies the referring Creator (Business) and connects to a Shop’s product or service.
  • Commission: The payment earned by the Creator (Business) for a qualified sale generated through their Affiliate Link, as defined by the Shop (percentage of sale, flat fee) with a minimum threshold.
  • Program: The Sellencer GmbH affiliate program.
  • Shop: A merchant who offers products or services on the Sellencer platform.
  • Buyer: A person or business that does the purchases in the shop’s store
  • Sellencer Platform Fee: A percentage with a minimum fee charged to Shops per sale facilitated through the platform.
  • Holding Period: The defined period set by the Shop after a sale where Sellencer holds the funds before paying the Creator (Business) commission. This allows time for potential refunds or order changes.

We’ll include additional definitions as needed throughout the Agreement.

Please note that by defining Creators as “Businesses,” they are responsible for handling any tax or VAT implications associated with their earnings from the program according to German regulations.

Program Participation

This section explains how Creators (Businesses) can participate in the Sellencer GmbH Affiliate Program.

Here’s how it works:

  • Registration: Creators (Businesses) can join the Program by registering on the Sellencer mobile application.
  • Automatic Access: Upon registration, Creators (Businesses) will gain access to a selection of products and services offered by Shops on the platform.
  • Affiliate Link Generation: Creators (Businesses) can generate unique Affiliate Links for these products and services directly within the mobile application.
  • Shop Control over Links: Shops have the right to restrict public access to their product links. In such cases, Creators (Businesses) can request access from the Shop through the platform. Shops have the sole discretion to approve or reject these requests.
  • Shop Link Management: Shops have the ability to disable any of their product or service links from a Creator’s (Business) account. If a Shop disables a link, it will redirect potential buyers to the Creator’s (Business) public profile page within the Sellencer application.

Please note:

Sellencer GmbH reserves the right to deactivate any Creator (Business) account that violates these Terms of Service.

Creator (Business) Responsibilities

This section outlines the expectations and responsibilities of Creators (Businesses) participating in the Sellencer Platform. By participating, you agree to the following:

  • Fair and Ethical Promotion:
    • You are responsible for promoting Shops and their products or services offered on the Sellencer platform in a way that is truthful, accurate, and unbiased.
    • Avoid making exaggerated claims about a product’s performance or benefits.
    • Ensure your promotions are appropriate for your target audience and don’t exploit vulnerabilities.
  • Compliance with Laws:
    • All marketing activities promoting products or services through the Sellencer Platform must comply with relevant laws and regulations in your territory. This may include advertising regulations, consumer protection laws, and data privacy regulations.
    • If you’re unsure about any legal requirements, consult with a legal professional.
  • No Spam or Deception:
    • You agree not to engage in any practices that could be considered spam or deceptive. This includes:
      • Sending unsolicited emails promoting your Affiliate Links.
      • Using misleading advertising tactics, such as fake reviews or hidden affiliate disclosures.
      • Creating fake accounts or engaging in click fraud to inflate commission earnings.
  • Transparency is Key:
    • You are required to clearly and conspicuously disclose your affiliate relationship with Sellencer and the Shops you promote whenever you use your Affiliate Links.
    • This disclosure needs to be easily understandable for your audience. Examples of effective disclosure include:
      • “This link is an affiliate link and I may earn a commission if you visit it and make a purchase.”
      • “I partnered with Sellencer and its partner shops to bring you this product.”
    • For more information on affiliate marketing disclosure requirements in Germany, consult with a legal professional or resources provided by relevant German authorities.
  • Content Responsibility:
    • You are solely responsible for the content you create and publish to promote products or services through the Sellencer Platform.
    • This includes content on your website, social media channels, email marketing campaigns, or any other platform you use for promotion.
    • Ensure your content complies with these Terms of Service and avoids any content that is:
      • Hateful, discriminatory, or offensive.
      • Obscene or sexually suggestive.
      • Illegal or promotes illegal activities.
      • Infringes on someone else’s intellectual property rights.

  • Creator Public Profile and Information

    • Creator-Managed Profile Content: Creators (Businesses) are granted a non-exclusive, revocable license to manage and update the following information on their Creator Profile:

      • Brand Name (Art Name): Creators can choose a public-facing brand name to be displayed on their profile.
      • Legal Name: Only verified Creators (Businesses) are authorized to display their legal name on their profile.
      • Profile Description: Creators can provide a textual description of their brand, expertise, and offerings.
      • Social Media Links: Creators can include links to their social media profiles.
      • Highlight Posts: A functionality allowing Creators (Businesses) to showcase curated content and promotional materials.

    • Sellencer-Managed Information: Sellencer GmbH reserves the right to display certain information on Creator Profiles that is not editable by Creators (Businesses). This may include:

      • Affiliate Link: A unique link provided by Sellencer GmbH that identifies the Creator (Business) and connects to Shops’ products or services.
      • Shop Connections: A list of Shops on the Sellencer Platform with which the Creator (Business) has established an affiliate marketing relationship. This list will be automatically populated based on the Creator’s (Business) activity within the platform.

    • Management and Responsibility: Creators (Businesses) are solely responsible for the content they manage on their Creator Profile and its compliance with all applicable laws and regulations. Sellencer GmbH reserves the right to review and remove any content deemed inappropriate or in violation of this Agreement.

  • Automatic Creation and Content Ownership: Sellencer GmbH automatically creates a public profile page (the “Creator Profile”) for each Creator (Business) upon joining the Sellencer Platform. Sellencer GmbH retains ownership of the underlying platform infrastructure and functionality for displaying Creator Profiles.

Sellencer GmbH values a positive and professional environment within the Sellencer Platform. By upholding these responsibilities, you contribute to a successful experience for both Creators (Businesses) and Shops on the platform.

Commission Earning and Payment

This section explains how Creators (Businesses) earn commissions through the Sellencer Platform. Here’s a breakdown of the process:

  • Earning Commissions:

    • Qualified Sales: You earn commissions for sales generated through your unique Affiliate Links. A “qualified sale” is defined by the Shop and can vary depending on their policies. It typically involves a customer completing a purchase, receiving order confirmation, and potentially fulfilling the order (e.g., receiving the product).
    • Commission Rates: The commission you earn for a qualified sale is set by the Shop. This can be a percentage of the sale amount (e.g., 10% commission) or a flat fee for each sale (e.g., €10 per sale).

  • Commission Payment Process:

    • Holding Period: Shops set a defined Holding Period after a sale. This period allows them to account for potential returns, refunds, or order changes before finalizing the sale. During this time, Sellencer holds the commission amount associated with the sale.
    • Payout Schedule: We will pay out your earned commissions on a [schedule, e.g., monthly] basis, provided you’ve met the minimum payout threshold, which is defined by Sellencer and subject to change at any time. We will use commercially reasonable efforts to notify you of any changes to the minimum payout threshold through the platform or by email.

  • Commission Collection:

    • Sellencer’s Responsibility: Sellencer will use commercially reasonable efforts to collect commission payments from Shops on behalf of Creators (Businesses). However, Sellencer cannot guarantee successful collection in all cases.
    • In the Event of Uncollected Commissions:
      • No Guarantee of Payment: If Sellencer is unable to collect a commission from a Shop due to reasons beyond our control, we cannot guarantee payment to the Creator (Business) until the collection is successful.
      • Internal Collection Process: Sellencer will initiate internal processes to collect the outstanding commission from the Shop. However, we cannot guarantee a specific timeframe for resolving the collection issue.
      • Shop Blocking and Link Redirection: In cases of unresolved commission collection, Sellencer reserves the right to block the Shop from the platform and deactivate all their Affiliate Links.
      • Creator Page Redirection: If a Shop’s link is deactivated due to uncollected commissions, any clicks through that link will be redirected to the Creator’s (Business) public page within the Sellencer Platform.

  • Maximizing Commissions:

    • Review Shop Rates: We recommend reviewing the commission rates and Holding Periods offered by individual Shops within the Sellencer Platform. Choose Shops and products that align with your audience and offer competitive commission structures.
    • Promote Effectively: Focus on creating high-quality, informative content that effectively promotes Shop products or services through your Affiliate Links.

By understanding these details, you can optimize your efforts to maximize commission earnings within the Sellencer Platform.

Please note: Sellencer is committed to providing a reliable platform for Creators (Businesses) to earn commissions. However, it’s important to understand that unforeseen circumstances can arise that may impact commission collection.


Payout Processing and Stripe Integration

  • Payment Processor: Sellencer GmbH utilizes Stripe, a third-party payment processing platform (“Stripe”), to facilitate secure and efficient payouts of earned commissions to Creators (Businesses) (“You”) for qualified sales generated through the Sellencer Platform.
  • Stripe Account Requirement: As a condition of receiving payouts through the Platform, You are required to create and maintain a valid Stripe account in good standing (“Your Stripe Account”). You are solely responsible for all actions taken within Your Stripe Account and compliance with all applicable Stripe terms and conditions.
  • Account Connection: You will be prompted to connect Your Stripe Account to your Sellencer Creator profile during the onboarding process. This connection allows Sellencer GmbH to securely transfer your earned commissions to Your Stripe Account.
  • Payout Initiation:
    • Minimum Threshold: Once You meet the minimum payout threshold established by Sellencer, Sellencer will initiate a transfer of your earned commissions to Your Stripe Account.
    • Timing: Sellencer GmbH will use commercially reasonable efforts to initiate payouts as soon as possible following the fulfillment of the Holding Period (defined elsewhere in this Agreement) and your achievement of the minimum payout threshold based on the payout cycles.
  • Benefits of Stripe Integration: 
    • Security: Stripe adheres to industry-standard security protocols to safeguard the handling of your payout funds.
    • Transparency: You will receive detailed information and tracking within Your Stripe Account for each payout received from Sellencer.
    • Efficiency: Stripe streamlines the payout process, allowing you to receive your earned commissions promptly.
  • Disclaimer:
    • Stripe Account Responsibility: You are solely responsible for opening, maintaining, and complying with all terms and conditions associated with Your Stripe Account.
    • Stripe Fees and Limitations: Sellencer is not responsible for any fees or limitations imposed by Stripe in connection with Your Stripe Account.
    • Independent Services: Stripe is a separate and independent service provider. You are encouraged to familiarize yourself with Stripe’s services and policies to ensure a smooth payout experience.
  • Governing Law: This section and the use of Stripe for payout processing are subject to the governing law clause.

Termination

This section outlines the terms for participation in the Sellencer Platform and potential termination scenarios.

Here’s a breakdown of the key points:

  • Ongoing Participation: This Agreement is valid for as long as you choose to participate in the Sellencer Platform as a Creator (Business).
  • Termination by You: You have the right to terminate your participation in the Sellencer Platform at any time. You can do this by deactivating your Creator (Business) account within the mobile application.
  • Termination by Sellencer: Sellencer GmbH reserves the right to terminate your access to the Sellencer Platform and this Agreement for cause, including but not limited to:
    • Violation of any terms or conditions outlined in this Agreement.
    • Engagement in fraudulent or deceptive activity.
    • Promotion of illegal or prohibited products or services.
    • Inactivity within the platform for an extended period (as defined by Sellencer GmbH).

Impact of Termination:

  • In the event of termination, your access to the Sellencer Platform, including your Creator (Business) account and public profile, will be disabled.
  • Any earned commissions that exceed the minimum payout threshold will be paid to you within [ timeframe, e.g., 30 days] of termination, following standard payment procedures.
  • Sellencer GmbH reserves the right to withhold commission payment if your account termination is due to a violation of this Agreement.

We encourage you to maintain good standing by adhering to the terms and conditions outlined in this Agreement.

Deleting Your Account

You can delete your Sellencer account at any time by following these steps:

  1. Open the Sellencer Mobile Application.
  2. Tap on your profile picture in the top right corner.
  3. Select “Account” from the menu.
  4. Tap on “Delete Account”.
  5. Follow any additional prompts to confirm your deletion request.

Data Retention After Account Deletion

When you delete your Sellencer account, we will retain your account information for at least one year. In some cases, we may be required to retain it for longer periods of time, such as for legal or regulatory compliance reasons. However, we will take steps to anonymize your data so that it is no longer personally identifiable. This means that the data will not be associated with you and cannot be used to identify you.

Account Reactivation

If you log in to your Sellencer account during this retention period (at least one year), your account will be reactivated, and your data will no longer be anonymous.

Disabling Affiliate Links After Account Deletion

When you delete your Sellencer account, we will also disable all of your associated affiliate links. This means that these links will no longer be functional and will not generate any commission for you.

Third Party Websites and Content

  • Third-Party Links and Content: The Sellencer Platform (the “Service” or “Site” or “Application”) may contain links to other websites (“Third-Party Sites”) and information, applications, software, and other content or materials belonging to or originating from third parties (“Third-Party Content”). Sellencer GmbH does not:
    • Investigate or monitor the accuracy, appropriateness, or completeness of Third-Party Sites or Content.
    • Assume any responsibility for Third-Party Sites or Content accessed through the Platform.
    • Endorse or approve any Third-Party Sites or Content linked to or available through the Platform.
  • User Risk and Responsibility: Your access and use of Third-Party Sites and Content is entirely at your own risk. You are responsible for reviewing the terms and conditions, including privacy practices, of any Third-Party Site or Content you access or use.
  • Disclaimer of Warranties: Sellencer GmbH disclaims all warranties, express or implied, related to Third-Party Sites and Content, including warranties of accuracy, merchantability, fitness for a particular purpose, and non-infringement.
  • Limitation of Liability: Sellencer GmbH will not be held liable for any damages arising from your use of Third-Party Sites or Content, including, but not limited to, damages for errors, omissions, interruptions, deletions, defects, delays, or any other issues associated with such Third-Party Sites or Content.
  • Platform Availability: The Sellencer Platform may be unavailable from time to time due to maintenance or other reasons. Sellencer GmbH assumes no responsibility for any such downtime or related issues.
  • Disclaimer of Technical Issues: Sellencer GmbH is not responsible for any technical malfunctions or other problems related to:
    • Telephone networks
    • The Platform itself
    • Computer systems
    • Servers or providers
    • User computer or mobile phone equipment
    • Software
    • Failure of email transmission
    • Internet traffic congestion
    • This includes any injury or damage to a User’s or any other person’s computer, mobile phone, or other hardware or software arising from using the Platform or downloading materials related to it.
  • Limitation of Liability: Under no circumstances will Sellencer GmbH be responsible for any loss or damage, including any loss or damage to User Content or personal injury or death, resulting from:
    • A User’s use of the Platform, Service, or Third-Party Content.
    • Interactions between Users of the Platform, whether online or offline.
  • Governing Law: This section and all matters relating to Third-Party Content and Websites shall be governed by and construed in accordance with the governing law clause defined elsewhere in this Agreement.

Intellectual Property

  • Ownership of Trademarks and Trade Dress: All graphics, logos, designs, trademarks, service marks, service names, and trade dress used by or associated with Sellencer GmbH (collectively, “Sellencer Marks”) are the sole and exclusive property of Sellencer GmbH. You (the Creator) acknowledge and agree that Sellencer GmbH holds all right, title, and interest in and to Sellencer Marks, and that no license or other right is granted to You hereunder in or to Sellencer Marks.
  • Restrictions on Use: You are expressly prohibited from using Sellencer Marks in any manner that is likely to cause confusion with Sellencer GmbH or its products or services, or that dilutes or tarnishes the value of Sellencer Marks. This includes, but is not limited to, the following:
    • Using Sellencer Marks in connection with any product or service that is not offered by Sellencer GmbH.
    • Using Sellencer Marks in a manner that suggests an affiliation with or endorsement by Sellencer GmbH that does not exist.
    • Using Sellencer Marks as part of your own trademarks or domain names.
    • Copying, imitating, or modifying Sellencer Marks in whole or in part.
    • Using Sellencer Marks in a manner that is disparaging or misleading.
  • Prior Written Consent: You may not use Sellencer Marks in any other way without the prior written consent of Sellencer GmbH.
  • Reservation of Rights: Sellencer GmbH reserves all rights, title, and interest in and to Sellencer Marks, and nothing in this Agreement shall be construed as granting You any ownership rights in or to Sellencer Marks.
  • Protection of Intellectual Property: Sellencer GmbH takes the protection of its intellectual property rights very seriously and will vigorously enforce its rights against any unauthorized use of Sellencer Marks. You agree not to take any action that may jeopardize, limit, or interfere with Sellencer GmbH’s rights in or to Sellencer Marks.
  • Governing Law: This section and all matters relating to the ownership and use of Sellencer Marks shall be governed by and construed in accordance with the governing law clause defined elsewhere in this Agreement.

Disclaimer

This section outlines the limitations of our liability (Sellencer GmbH) related to your use of the Sellencer Platform. It’s important to understand that while we strive to provide a secure and reliable platform, there are inherent limitations to our responsibility.

Understanding the Risks:

  • Use at Your Own Risk: Your participation in the Sellencer Platform is at your own discretion. Sellencer GmbH cannot guarantee the platform’s profitability, complete security, or uninterrupted operation. Technical issues or unforeseen circumstances can arise.
  • Third-Party Interactions: Your interactions with Shops, including product purchases or service agreements, occur solely between you and the Shop. Sellencer GmbH is not responsible for the quality, accuracy, legality, or safety of products or services offered by Shops. It’s your responsibility to research and evaluate Shops before promoting them.

  • Limited Liability: Sellencer strives to provide a reliable and functional platform for Creators (Businesses) to engage in affiliate marketing. However, we cannot be held liable for certain damages you may incur due to your use of the platform. This section outlines the scope of our limitations:

    • Loss of Revenue or Profits: Sellencer GmbH will not be held responsible for any loss of profits or revenue generated through your affiliate marketing efforts on the platform. This includes, but is not limited to:
      • Shop Performance: Sales performance and commission earnings are ultimately dependent on the Shops you partner with and the effectiveness of your marketing efforts. Sellencer cannot guarantee specific sales volumes or commission rates.
      • Shop Payment Issues: In cases where a Shop fails to pay a commission owed, Sellencer will make commercially reasonable efforts to collect the payment on your behalf. However, we cannot guarantee successful collection in all situations.
      • Platform Downtime: While we strive for high platform uptime, unforeseen technical issues or maintenance events may occasionally cause temporary service interruptions. These interruptions could potentially impact your ability to generate affiliate sales during those periods.
    • Business Interruptions: Sellencer will not be held responsible for any business interruptions caused by:
      • Platform Outages: As mentioned above, occasional platform downtime can disrupt your ability to promote Shops and generate sales.
      • Technical Issues: Technical glitches or limitations within the platform, such as issues with link generation, tracking, or reporting, could also hinder your marketing efforts. We will make reasonable efforts to address any technical issues promptly, but cannot guarantee complete immunity from such occurrences.
    • Data Loss or Corruption: Sellencer GmbH implements security measures to protect Creator (Business) account data. However, we cannot guarantee absolute protection against potential data loss or corruption. We strongly recommend that you maintain backup copies of any critical data within your Creator account.
    • Third-Party Interactions: Sellencer GmbH assumes no responsibility for personal injury, property damage, or other liabilities arising from interactions with Shops or the use of products or services you promote.

    Important Note: This section outlines limitations of liability but does not constitute a waiver of all Sellencer GmbH responsibilities. We remain committed to providing a functional platform and a positive user experience for Creators (Businesses). For any concerns or inquiries regarding our services or limitations of liability, please do not hesitate to contact Sellencer support.

Your Responsibilities as a Creator (Business):

By using the Sellencer Platform, you agree to the following:

  • Hold Harmless: You agree to hold Sellencer GmbH harmless from any legal claims, demands, or liabilities arising from your use of the platform or potential violations of this Agreement.
  • Indemnification: If Sellencer GmbH incurs any losses or expenses due to your violation of this Agreement, you agree to reimburse us for those costs.

Additional Considerations:

  • Consumer Rights: This Disclaimer does not limit your rights as a consumer under applicable laws. You may have additional legal protections depending on your jurisdiction.
  • Changes to the Disclaimer: Sellencer GmbH reserves the right to modify this Disclaimer at any time. We will make reasonable efforts to notify you of any changes through the platform or by email. It’s your responsibility to stay informed about any updates to the Disclaimer.

We encourage you to review this Disclaimer carefully. By understanding these limitations, you can make informed decisions about using the Sellencer Platform for your affiliate marketing activities.

Governing Law and Dispute Resolution

This section outlines the legal ground rules that apply to this Agreement and how any disagreements between you and Sellencer GmbH will be resolved. It’s important to understand these details before participating in the Sellencer Platform.

Legal Framework:

  • Governing Law: This Agreement is governed by the laws of Germany, without regard to its conflict of law provisions. This means that the laws of Germany will be used to interpret the Agreement and determine the rights and obligations of both parties (you and Sellencer GmbH) in case of any disputes.
  • Conflict of Laws: Even if you reside in a different country with its own laws, by agreeing to this Agreement, you acknowledge that the laws of Germany will take precedence in any legal matters related to this Agreement.

Dispute Resolution Process:

  • Binding Arbitration: If a disagreement arises between you and Sellencer GmbH concerning this Agreement or your use of the Sellencer Platform, we will attempt to resolve it amicably through informal discussions. However, if a solution cannot be reached through informal means, the disagreement will be settled through binding arbitration.
  • Arbitration Institution: Binding arbitration refers to a formal process where a neutral third party (arbitrator) is appointed to hear both sides of the argument and make a final decision. This decision is legally binding, meaning both parties must comply with it. The specific rules and procedures for the arbitration will be determined by a reputable German arbitration institution, which will be identified at the time a dispute arises.
  • Location of Arbitration: The arbitration proceedings will be conducted in Berlin, Germany. This means that any hearings or presentations of evidence will occur at this location.
  • Exclusive Jurisdiction and Venue: By agreeing to this section, you consent to the exclusive jurisdiction and venue of the courts located in Berlin, Germany for all matters related to the arbitration process. This means that if legal action is required to enforce the arbitrator’s decision, it must be filed in these specific courts.

Additional Considerations:

  • Entire Agreement: This section on Governing Law and Dispute Resolution applies to the entire Agreement, including any future amendments or modifications that may be made.
  • Severability: If any provision within this Agreement, including this section, is found to be unenforceable by a court of law, that specific provision will be severed from the Agreement. However, the remaining provisions will still be considered valid and enforceable.

By understanding this section, you are aware of the legal framework that governs your participation in the Sellencer Platform and the process for resolving any potential disputes. We encourage you to consult with legal counsel if you have any questions or require further clarification on the legal implications of this section or the entire Agreement.

Limitation on Liability

IN NO EVENT WILL SELLENCER OR ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE SITE OR THE SERVICE, ANY PLATFORM APPLICATIONS OR ANY OF THE SITE CONTENT OR OTHER MATERIALS ON, ACCESSED THROUGH OR DOWNLOADED FROM THE SITE, EVEN IF SELLENCER IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, SELLENCER’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO COMPANY FOR THE SERVICE DURING THE TERM OF MEMBERSHIP, BUT IN NO CASE WILL SELLENCER’S LIABILITY TO YOU EXCEED $1000. YOU ACKNOWLEDGE THAT IF NO FEES ARE PAID TO COMPANY FOR THE SERVICE, YOU SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE PERMITTED BY LAW, AND SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM COMPANY, REGARDLESS OF THE CAUSE OF ACTION.

Arbitration

  • Dispute Resolution: The Parties (Sellencer GmbH and You, the Creator) agree to attempt in good faith to resolve any dispute, claim, or controversy arising out of or relating to this Agreement, including any breach, termination, enforcement, interpretation, or validity thereof (collectively, “Dispute”).
  • Negotiation: If a Dispute arises, the Parties will first attempt to resolve it through written and verbal communication.
  • Arbitration:
    • Choice of Forum: If the Parties are unable to resolve the Dispute through negotiation within a reasonable time period, the Dispute shall be submitted to binding arbitration administered by the German Institution of Arbitration (DIS) in accordance with its Arbitration Rules.
    • Alternatively, the Parties may agree to submit the Dispute to arbitration under the rules of another mutually agreed-upon arbitration institution located in Germany.
    • Location: The arbitration shall be conducted in Berlin, Germany.
  • Governing Law: The arbitration shall be governed by the laws of the Federal Republic of Germany.
  • Language: The language of the arbitration shall be English.
  • Arbitrator’s Authority: The arbitrator’s authority is limited to resolving the Dispute between the Parties based on the terms of this Agreement. The arbitrator shall not have the authority to award punitive damages or any other damages not measured by the prevailing party’s actual damages, and may not make any ruling, finding, or award that does not conform to the terms and conditions of this Agreement.
  • Court Judgment: Judgment on the arbitration award (“Award”) may be entered in any court having jurisdiction.
  • Allocation of Costs: The arbitrator shall allocate all of the costs of the arbitration, including the fees of the arbitrator and the reasonable attorneys’ fees of the party that primarily prevails, against the party that did not primarily prevail.
  • Confidentiality: The Parties agree to maintain the confidentiality of the arbitration proceedings and the Award, except as required by law or for enforcement of the Award.
  • Severability: If any provision of this Arbitration clause is found to be unenforceable, such provision shall be severed from this clause, and the remaining provisions shall remain in full force and effect.

Amendment

This Agreement (“Agreement”) is made and entered into as of 01/05/2024 by and between:

  • Sellencer GmbH, a company duly organized and existing under the laws of Germany, with its headquarters located at Kolonnenstr. 8, 10827 Berlin (“Sellencer”) and
  • You (individually or on behalf of the business entity you represent), a user of the Sellencer Platform (“Creator” or “Business”).

This Agreement governs your participation in the Sellencer Platform as a Creator (Business). The Sellencer Platform is a service provided by Sellencer GmbH that connects Creators (Businesses) with Shops (e-commerce stores) to facilitate affiliate marketing activities.

What this Agreement Covers:

This Agreement outlines the rights and responsibilities of both Sellencer GmbH and Creators (Businesses) participating in the Sellencer Platform. It covers aspects such as:

  • Responsibilities of Creators in promoting Shops and their products or services.
  • How Creators earn commissions through qualified sales generated by their unique Affiliate Links.
  • The commission payment process and timeframe for receiving payouts.
  • Potential reasons for termination of your access to the platform.
  • Limitations of Sellencer GmbH’s liability related to your use of the platform.
  • The legal framework governing this Agreement and the process for resolving disputes.

By using the Sellencer Platform, you agree to the terms and conditions outlined in this Agreement.

We encourage you to read this Agreement carefully and understand its contents before participating in the Sellencer Platform. If you have any questions or require clarification on any specific points, please don’t hesitate to contact us.

Let’s build a successful partnership