1.      Preamble

These special program terms are in addition to the general terms & conditions of the ExamRefresh.com Affiliate Program. These special conditions also govern obligations of ExamRefresh.com Affiliates.

2.       Definitions

The following terms are defined for the purposes of this agreement between ExamRefresh.com and the Affiliate:

 

Account: legitimate participation in the ExamRefresh.com Affiliate Program pursuant to registration by the Affiliate with full and accurate indication of the content registration information – including the indication of the main domain and the applicable substantive description of the Affiliate site.

 

Valid Click: a click is valid if a User on a Affiliate website voluntarily and knowingly clicks on a tracking link for the ExamRefresh.com Affiliate Program and is directed to the ExamRefresh.com website. Determination of valid clicks is based on the ExamRefresh.com transaction log system and verified by ExamRefresh.com with reasonable discretion.

 

Valid Sale: a sale is valid when a User makes a valid click on the ExamRefresh.com website and voluntarily and knowingly buys contract products subject to charge. Valid sales are determined like valid clicks using the ExamRefresh.com transaction log system and verified by ExamRefresh.com with reasonable discretion.

 

Tracking-Link: employed by the ExamRefresh.com Affiliate Program for use by the Affiliate such that the Affiliate may present content on its website identifying reference to the ExamRefresh.com website. The link is used exclusively by Affiliates in its unchanged form.

 

Tracking-Cookie: with a valid click on a tracking link, a tracking cookie is downloaded on the User’s computer if permitted by the browser settings. The tracking cookie contains information about the last valid clicks and, through the ExamRefresh.com transaction log system, can be used to retroactively credit the valid sale of a Affiliate.

 

Pay-Per-Sale Affiliate Program (pay per Valid Sale): by implementing a ExamRefresh.com tracking link on the Affiliate website and forwarding visitors from the Affiliate website to the ExamRefresh.com website via a valid click, thereby arranging the sale or use of ExamRefresh.com contract products, the Affiliate is entitled to payment corresponding to the current compensation table.

 

User: any natural person who voluntarily and knowingly, without coercion or deception from the Affiliate or third-party compensation, with the exception of a ExamRefresh.com-designated bonus system, visits the Affiliate website and, subsequently through a tracking link, the ExamRefresh.com website.

 

Contract Products: are paid goods or services to be offered by the Affiliate under this pay-per-sale Affiliate Program to the User per Appendix 1.

 

Affiliate Website: German-language webpages of the Affiliate, whose content is reviewed by ExamRefresh.com at the time of the Affiliate’s registration, located on the given or registered (main) domain or another domain or subdomain if content is identical to the designated main domain of the registered account.

 

ExamRefresh.com-Site: is the specified URL of ExamRefresh.com, pointed to by the Affiliate tracking link, under which ExamRefresh.com sells contract products and promotions online per the general terms of the Affiliate Program.

3.         Remuneration

3.1    ExamRefresh.com pays remuneration for Affiliate services, the amount to be determined by the current compensation table of this agreement.

 

3.2    The remuneration referred to in the compensation table equals net price plus value added tax and fees, where applicable.

 

3.3    Multiple remunerations for contract products from pay systems other than ExamRefresh.com are prohibited. Only net contracts where the contract is activated are considered eligible sales.

 

3.4    ExamRefresh.com determines amount of compensation according to market conditions, with reasonable discretion. Changes in remuneration occur at the beginning of the calendar month with a prior notification period of two weeks. Contracts already in effect are excluded from the revised compensation rates.

 

3.5    A payment claim occurs when a contract generated through a Affiliate is carried out over a period of at least 60 days. Payment claim is possible only when the Customer provides payment to ExamRefresh.com for contracted products for a period of 60 days (the minimum period). Previous periods (up to three months) where the Customer was released from, or credited for, the monthly fee, for example as part of a promotion, are not counted towards the minimum payment period described here.

4.         Tracking and Reporting

4.1    The placement of tracking cookies occurs only after a valid User clicks on a ExamRefresh.com advertisement which takes the User to the destination website through a hyperlink. ExamRefresh.com reserves the right to allow individually selected Affiliates exemption from these tracking cookies. Any registration differing from paragraph 8.2 of this agreement requires a separate written consent from ExamRefresh.com.

 

4.2    The duration of the tracking cookie is 30 days. Per the requirements of Section 8.2, a tracking cookie can only be overwritten by a new cookie (“last cookie wins” logic).

5.         Rights of the Affiliate

5.1    Mediated contracts for products are exclusively between the Customer and ExamRefresh.com. ExamRefresh.com reserves the right to refuse Customers from its Affiliates.

 

5.2    The Affiliate is not entitled to accept offers, make or answer statements, or act on behalf of ExamRefresh.com.

 

5.3    Contract design and settlement with the End Customer is the sole and absolute decision of ExamRefresh.com. If the contract with the End Customer, through acts or decisions of ExamRefresh.com, is prematurely terminated or otherwise not fully implemented, the Customer will have no right to objections or claims regarding possible recovery of compensation.

6.         Obligation of Affiliates to ExamRefresh.com

6.1    The Affiliate is under obligation, using all technical possibilities, to design and present its website, including all entries in search engines, directories, and link lists, to third parties in such a way that only valid User clicks and/or valid sales are generated on the ExamRefresh.com website.

 

6.2    ExamRefresh.com provides the Affiliate with the required tracking links together with the URL of each page of the site. The Affiliate is not permitted to change the ExamRefresh.com-provided HTML code or banner. The provided advertising materials may only be used on the websites of Affiliates. The use of this advertising is only permitted in connection with this agreement. Any disclosure of information or advertising to third parties is not permitted.

 

6.3    The linking of advertising material shall be allowed only on defined ExamRefresh.com landing sites (so-called “landing pages“).

 

6.4    In addition to paragraph 10.2, the use of names, registered and unregistered trademarks, service marks, and/or logos of ExamRefresh.com is generally permitted only if the Affiliate receives prior consent from ExamRefresh.com. In particular, the Affiliate is not permitted to use the brand called „ExamRefresh.com“, even in a modified spelling, as part of a domain or subdomain. The Affiliate is obligated to ensure its website does not violate intellectual property rights, including copyrights, as well as any applicable laws pertaining to data protection.

 

6.5    The use of the name, registered and unregistered trademarks, or service marks of ExamRefresh.com in search engine marketing is not permitted. The advertising of branded keyword “www.examrefresh.com” with the visible URL, other ExamRefresh.com business domains, and so-called “Keyword Typos” are not permitted. Moreover, it is not permitted to link directly from search ads to the ExamRefresh.com site.

 

6.6    Regarding the optimization of its website, the Affiliate must comply with relevant guidelines of search engines, especially for pages which link to the landing page of the ExamRefresh.com Affiliate Program. Any techniques performed only for the purposes of improving the search engine ranking of the Affiliate site or which are misleading to the User, or which are of no use are prohibited. The uses of special hidden text or links, irrelevant keywords, unnecessary repetition of substantially identical content on multiple pages or under subdomains and domains, and “doorway pages” that are optimized for search engines (“cloaking”) are inadmissible in this context.

 

6.7    The sending of e-mails by the Affiliate with advertisements for ExamRefresh.com is permitted only in accordance with legal requirements.

 

6.8    The Affiliate is obligated to include a provider ID with business offers. The Affiliate is obligated to ensure its website is in accordance with all laws regarding consumer protection. Violence, sexually explicit or pornographic content, discriminatory statements and representations with respect to race, sex, religion, nationality, disability, sexual orientation, or age are not allowed on the website of the Affiliate and/ or in connection with participation in the Affiliate Program. In particular, advertising without permission on sites that distribute royalty-proprietary content such as music or videos (for example, P2P sites or file-sharing services) is prohibited. The design of the Affiliate website is not permitted to negatively affect the reputation of ExamRefresh.com or the reputation of its good or services, brands, or business activities.

 

6.9    ExamRefresh.com is intent on conveying a clear brand image for its End Customers. The Affiliate is not permitted, without written consent from ExamRefresh.com, to tie in and/or combine ExamRefresh.com products with its own offers or offers from third parties and advertise or offer them as retail items to the End Customer.

 

6.10    A Affiliate is not permitted to load the ExamRefresh.com-shop in an iFrame within its website.

 

6.11 The above provisions also apply to Affiliate referrals through links to third-party sites.

 

6.12 The Affiliate can place the tracking link for the ExamRefresh.com site on its website at any time in any number. ExamRefresh.com may, however, require Affiliates to change the placement of the tracking link if it affects the reputation of ExamRefresh.com business activities, goods or services, or the ExamRefresh.com brand name.

7.         Confidentiality

7.1    Unless otherwise provided for in this agreement or without written consent of the other party, all information which the collaborating parties contribute to this transaction, including the rules of the agreement, commercial and financial information, customer and vendor list data, and pricing and sales information, is treated as strictly confidential.

 

7.2    Under this agreement, information gained about Customers/Users may only be used for billing purposes by Affiliates of ExamRefresh.com. Other uses, particularly for marketing or sales purposes, are not permitted.