§ 1 Scope of application

(1) These partner conditions apply to all business relationships between Raidboxes GmbH and the partner in connection with the Raidboxes partner program for agencies and freelancers.

(2) Raidboxes does not conclude partner contracts with consumers within the meaning of § 13 BGB. By registering for the partner program, the partner declares that he is not acting as a consumer.

(3) If the Partner is a merchant, a legal entity under public law or a special fund under public law, these Partner Terms and Conditions also apply to future business relationships with the Partner, without Raidboxes having to refer to them again in each individual case. The same applies if the Partner is an entrepreneur within the meaning of § 14 BGB.

(4) These partner conditions apply exclusively. Deviating, conflicting or supplementary terms and conditions of the partner will only become part of the contract if and to the extent that Raidboxes has expressly agreed to their validity. This requirement of consent applies in any case, for example even if Raidboxes performs the services without reservation in the knowledge of the conditions.

§ 2 Partner program; Partner level

(1) The subject of the contract is participation in the partner program, which is intended to increase sales of our products via our website. Participation in the partner program is free of charge for the partner. 

(2) Raidboxes offers partners extended functions, attractive discounts for their own hosting contracts and one-off commissions for successfully referred new customers.

(3) The amount of the discounts and the amount of the commission depend on the classification of the partner into a partner level and a commission level by Raidboxes.
Information on the partner and commission levels and on the corresponding discounts and commission can be found here.

(4) The classification of the partner is not automatic, but is determined by Raidboxes at the request of the partner. Raidboxes takes into account, among other things, the requirements of the individual levels that can be viewed here, but is free to make its own decision. The partner has no right to be assigned to a specific level.

(5) Changes to the partner or commission level and associated changes to the conditions apply exclusively with effect for the future. Contractual relationships that have already been concluded or brokered are not affected.

§ 3 Conclusion of contract, contract text, input errors and contract language

(1) The conclusion of the contract requires that the partner has a Raidboxes account and that the function has previously been activated by Raidboxes in the dashboard. The contract is concluded when the partner logs in with his account, calls up the "Partner program" function and clicks on the "Become a partner now" button. Raidboxes confirms the conclusion of the contract immediately afterwards by e-mail.

(2) The text of the contract is saved by Raidboxes after the contract has been concluded and is no longer accessible to the partner.

(3) The partner can check his data at any time before clicking on the "Become a partner now" button and recognize input errors. If necessary, the functions available in his browser can be used to enlarge the display of the data. The partner can correct their data using the correction aids provided in the dashboard and new entries using their mouse and keyboard. The partner can cancel the conclusion of the contract at any time before clicking on the "Become a partner now" button by closing the browser.

(4) The language available for the conclusion of the contract is German.

§ 4 Obligations of the partner

(1) The partner uses the advertising material provided by Raidboxes to draw attention to Raidboxes' offers. The partner is free to decide whether, where and how often to draw attention to Raidboxes.

(2) Insofar as the partner draws attention to the offers of Raidboxes, he is obliged not to violate applicable law (in particular youth protection regulations) or to violate the rights of third parties (e.g. copyrights, trademark and other industrial property rights, data protection rights, personal rights, right to one's own image). In particular, content that is racist, pornographic, obscene, glorifies violence or is offensive is prohibited.

(3) Any misuse of the partner program is prohibited. The generation of leads or sales via unfair methods, unauthorized means and/or the circumvention of technical protective measures is prohibited. The partner undertakes not to pretend to generate leads or sales that have not taken place. In particular, practices that disguise the tracking of the user or display advertising material that is not perceptible to the user are prohibited.

§ 5 Advertising material

(1) Raidboxes grants the partner a simple, spatially unlimited, non-transferable right of use to the advertising material provided, limited to the term of the contract. The right of use does not include the right to grant further rights of use (sublicensing). The Partner is not entitled to edit or redesign the advertising material provided itself or through third parties.

(2) Raidboxes reserves the right to prohibit the partner from using the advertising material provided if this is likely to jeopardize the legitimate intellectual or personal interests of Raidboxes. Such a case exists in particular if the advertising material provided is used in connection with illegal content.

(3) Raidboxes reserves the right to change the advertising material provided during the term of the contract. In this case, Raidboxes will inform the partner in good time.

§ 6 Remuneration and invoicing

(1) The partner receives a performance-related remuneration as pay-per-sale (commission).

(2) The amount of the remuneration depends on the Partner's commission level and is calculated on the basis of the monthly price (net) of the first Box tariff billed and paid by the end customer. Further tariffs of the same end customer are not taken into account.

(3) The Partner's entitlement to remuneration arises as soon as all of the following conditions are met:
- The Partner's advertising activity has resulted in a box contract between an end customer and Raidboxes;
- The conclusion of the contract has been logged ("tracked") by Raidboxes and assigned to the Partner;
- The end customer's payment has been received in full by Raidboxes;
- The end customer's contract must exist for a specified period of time (minimum customer retention). The duration of the minimum customer commitment depends on the commission level and can be viewed here.
- The end customer is a new customer. Contracts concluded by the partner himself, his relatives or employees as well as an employee of Raidboxes GmbH are excluded.

(4) Raidboxes settles the remuneration due to the partner on the 15th of each calendar month for the previous calendar month. The partner receives an e-mail with information about when the end customer has ordered a box tariff and under what conditions, and whether the minimum customer commitment has been reached. Raidboxes informs the partner - if all requirements are met - of the remuneration to which he is entitled.

(5) The Partner must notify any objections within 6 weeks of submission of the statement. Otherwise the invoice is deemed to be approved. Raidboxes will expressly draw the partner's attention to this legal consequence at the beginning of the period.

(6) Payment of the remuneration plus statutory VAT shall be made within 7 days of the statement being issued. Payment will be made to the bank details provided by the partner in the partner area of the dashboard and assumes that these have been entered correctly by the partner beforehand.

§ 7 Term and termination; inactivity of the partner

(1) The contract runs for an indefinite period and can be terminated by the partner at any time without observing a notice period by means of a corresponding declaration of termination. Raidboxes can terminate the contract at any time with a notice period of one month.

(2) The right to extraordinary termination for good cause remains unaffected.

(3) Upon termination of the contractual relationship, the partner loses the authorization to use Raidboxes advertising material. These must be removed immediately.

(4) The remuneration for contracts brokered within the term of the contract shall remain unaffected by the termination of the contractual relationship with the Partner. However, contracts with end customers brokered after termination shall not be taken into account.

(5) Raidboxes is entitled to terminate the partner contract and deactivate the partner function if the partner's account has been inactive for at least 12 months. An account is considered inactive if no contracts were active during this period, no new customers were referred and no active Dev Boxes were used. Users who have been deactivated due to inactivity are free to re-enter the partner program at any time after consultation with Raidboxes.

§ 8 Liability

(1) Raidboxes is liable without limitation:
- in case of fraudulent intent, willful misconduct or gross negligence;
- within the scope of an expressly assumed guarantee;
- for damages resulting from injury to life, body or health;
- for the breach of a material contractual obligation, the fulfillment of which is essential for the proper execution of this contract and on the observance of which the partner regularly relies and may rely ("cardinal obligation"), but limited to the damage reasonably to be expected at the time of the conclusion of the contract;
- in accordance with the provisions of the Product Liability Act.

(2) Raidboxes is otherwise excluded from liability. 

(3) The above liability rules apply accordingly to the conduct of and claims against employees, legal representatives and vicarious agents of Raidboxes.

§ 9 Exemption

The partner indemnifies Raidboxes against all claims of third parties which are raised against Raidboxes in connection with an infringement of rights for which the partner is responsible in connection with this partner program, upon first request. The indemnification also includes the reimbursement of costs that arise or have arisen from the necessary and appropriate legal defense.

§ 10 Reservation of right of amendment

Raidboxes is entitled to change and adapt these conditions of participation for the partner program during the term of the contract if there is a technical, legal and/or economic need to do so. Raidboxes will send the partner the amended conditions in text form and draw particular attention to the new regulations. At the same time, Raidboxes will grant the partner a reasonable period of time to declare whether they accept the amended conditions of participation for the partner program. If no declaration is made within this period, the amended conditions are deemed to have been agreed. Raidboxes will expressly draw the partner's attention to this legal consequence at the beginning of the period.

§ 11 Final provisions

(1) The law of the Federal Republic of Germany shall apply.

(2) If the partner is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction is the registered office of Raidboxes.

(3) Should individual provisions of this contract be invalid or unenforceable, this shall not affect the validity of the remaining provisions. The parties shall replace such provisions with effective and enforceable provisions that come as close as possible to the meaning and economic purpose and the intention of the parties at the time of conclusion of the contract. The same shall apply in the event of a gap in the contract.