1. Scope
(1) These Terms and Conditions of Participation (hereinafter referred to as "Affiliate Terms and Conditions") apply to the contractual relationship between GIRLBOZ, Lange Str. 14, 29451 Dannenberg, Germany, and the contractual partners (hereinafter referred to as "Partners") of the GIRLBOZ Affiliate Program (hereinafter referred to as "Affiliate Program").

(2) We provide our services exclusively based on these Affiliate Terms and Conditions. The Partner’s own terms and conditions require our explicit written consent to be valid and shall not apply, even if we do not expressly object to their applicability.

(3) The Affiliate Terms and Conditions are intended solely for business entities as defined in § 14 of the German Civil Code (BGB). Consumers are excluded from participating in the Affiliate Program.

2. Conclusion of Contract
(1) A contract between us and the Partner for the placement of advertising materials is established exclusively through our online application process at [https://girlboz.com/pages/influencer](https://girlboz.com/pages/influencer). By registering, the Partner submits an offer to participate in the Affiliate Program and accepts the Affiliate Terms and Conditions. A contract is only concluded when we expressly accept the offer or approve specific advertising materials for the Partner.

(2) There is no entitlement to participate in the Affiliate Program or to conclude a contract with us. We reserve the right to reject individual Partners at any time without providing reasons.

3. Subject of the Contract
(1) The subject of this contract is participation in the Affiliate Program, aimed at boosting sales of our products through our website. Participation in the Affiliate Program is free of charge for the Partner. To this end, we may, at our discretion, provide the Partner with a selection of advertising materials through the Affiliate Program. We may offer different programs simultaneously (hereinafter referred to as "Campaigns").

(2) The Partner is responsible for placing the advertising materials approved for them on their websites registered and approved within the Affiliate Program (hereinafter referred to as "Partner Website"). The Partner is free to decide whether to place the advertising materials on the Partner Website and for how long. They are also entitled to remove the advertising materials at any time.

(3) For promoting and successfully facilitating transactions (e.g., orders), the Partner will receive a commission, which depends on the scope and actual value of the service provided. Details are specified in the description of each campaign in the Affiliate Program and in Section 7 of these Affiliate Terms and Conditions.

(4) The Affiliate Program does not establish any contractual relationship between the parties beyond the scope of this agreement.

4. Functionality of the Affiliate Program
(1) The Partner must register for the Affiliate Program by providing the required information during registration. After completing the registration, a customer account is created for the Partner, through which they can manage their affiliate activities.

(2) For approved campaigns, we provide the Partner with a specific HTML code for links and other advertising materials, enabling identification of users from the Partner Websites when they click on the link. The Partner must integrate this HTML code into their website to enable tracking.

(3) Through the customer account, the Partner also gains access to certain statistical data about the advertising materials they have used, as specified by us.

5. Our Obligations
(1) We provide the Partner, at our discretion, with a selection of advertising materials (e.g., banners, text links, videos, and images) (hereinafter referred to as "Advertising Materials") for individual campaigns.

(2) We ensure appropriate tracking of visitors who arrive on our website via the Advertising Materials that the Partner has integrated into their website (hereinafter referred to as "Partner Leads"). We also ensure the attribution of any orders placed by Partner Leads (hereinafter referred to as "Sales") to the Partner.

(3) We operate our website and the services offered on it, such as the provision of product data, within the limits of our available technical capabilities and at our discretion. We do not guarantee error-free and/or uninterrupted availability of the website within this scope. The quality and accuracy of the products and advertising materials offered on our website are determined solely at our discretion.

(4) Additionally, we commit to paying compensation according to Section 7, under the conditions specified therein.

6. Rights and Obligations of the Partner
(1) The Partner may only embed the advertising materials on Partner Websites. It is expressly prohibited for the Partner to link the provided links with other advertising media (such as newsletters or social media) and/or make modifications to the advertising materials. The advertising materials may only be used on the Partner Websites for the purposes outlined in this contract.

(2) The Partner is solely responsible for the content and ongoing operation of the Partner Website and agrees not to place any content that violates applicable law, public decency, or third-party rights and/or could harm our reputation during the term of this contract. We reserve the right, but are not obligated, to review Partner Websites. In particular, the Partner is prohibited from distributing content that promotes racism, glorifies violence or extremism of any kind, incites or encourages criminal acts or violations of law, issues threats to personal safety, incites hatred against individuals or businesses, includes defamatory, libelous, or slanderous statements, infringes personality rights, or includes content infringing copyright, trademark rights, or other intellectual property rights, as well as any form of sexual harassment. Such content must not appear on the Partner Website nor link to such content on other sites.

(3) Any form of abuse, i.e., generating leads and/or sales through unfair methods or unauthorized means that violate applicable law and/or these Affiliate Terms and Conditions, is prohibited. In particular, the Partner is prohibited from attempting, directly or through third parties, to generate leads and/or sales or ensure the assignment of sales to the Partner using any of the following practices:

- Falsifying leads or sales that did not actually occur, e.g., by unauthorized use of others' data or providing incorrect or non-existent information in orders on our website.

- Using advertising forms that enable tracking without displaying the advertising material properly, visibly, or in the specified format and/or size.

- Cookie Dropping: Cookies may not be set merely by visiting the website, but only when the user has voluntarily and intentionally clicked the advertising material on the Partner Website.

- Other forms of affiliate fraud (including cookie spamming, forced clicks, affiliate hopping), as well as using layers, add-ons, iFrames, or postview technology to increase leads.

- Using legally protected terms belonging to us or third parties, especially trademarked terms, in search engines, ads, or to promote the Partner Website without our prior written consent. The Partner is prohibited from creating websites that may cause confusion with us or our products. The Partner may not copy our website, landing pages, or any of our other presences, or use our graphics, texts, or other content. The Partner must avoid creating the impression that the Partner Website is one of our projects or that its operator has a business connection to us beyond this Affiliate Program and contract. Any use of materials or content from our website or our logos or trademarks by the Partner requires our prior written approval.

(4) The Partner agrees to operate the Partner Website in accordance with applicable law and to include a proper legal notice (imprint).

(5) Email marketing that includes advertising materials or otherwise promotes us is only permitted if previously approved by us, with explicit consent from all recipients for email marketing, and with verification of email addresses using a double opt-in process, which must be documented.

(6) The Partner shall immediately remove advertising materials from the Partner Website if requested by us. This applies particularly to websites where, for any reason, we no longer wish to see our advertising materials displayed.

(7) The Partner agrees to avoid any reference to us or our products when promoting the Partner Website. In particular, the Partner shall not run context-based ads (such as Google AdWords or AdSense) containing our name, company keywords, or trademarks, or ads delivered based on relevant keywords. The same restriction applies to the names of our products.

(8) The Partner agrees to refrain from any electronic attacks on our tracking system and/or our websites. Electronic attacks include attempts to overcome, bypass, or disable the tracking system’s security measures; using computer programs to automatically read data; distributing viruses, worms, or trojans; executing brute-force attacks; sending spam; or using any other links, programs, or processes that could harm the tracking system, Affiliate Program, or any participants involved in the Affiliate Program.

7. Compensation
(1) The Partner receives performance-based compensation for sales made on our website by Partner Leads.

(2) The right to compensation arises only if the following conditions are met:
- A sale with an end customer has been concluded due to the Partner’s advertising activity,
- The sale has been recorded ("tracked") by us,
- The sale has been approved and confirmed by us, and
- No abuse, as defined in Section 6.3 of these Affiliate Terms and Conditions, has occurred.

(3) A sale is considered a completed order made by an end customer on our website, provided the customer has also paid for it. Canceled transactions, regardless of reason, do not qualify as sales if the customer has not paid or if their payment is refunded. Cancellations occurring more than eight weeks after the customer’s payment are disregarded.

(4) Orders placed by the Partner or their relatives are not eligible for compensation.

(5) Orders originating from Partner Leads on Partner Websites or other advertising spaces where we requested removal of the advertising materials are not eligible for compensation, effective from the time of the request.

(6) Determination of whether a sale is attributable to a Partner Lead is based on our tracking system. Unless specified otherwise in the Affiliate Program or for individual campaigns, the "Last Cookie Wins" principle applies, with a cookie duration of 30 days. We are not obligated to pay if the tracking system malfunctions or encounters another error that prevents or makes it very difficult to assign leads or sales to specific partners.

(7) The amount of compensation is determined by the commission specified in the respective campaign at the time of the sale. If no rate is specified, a commission of 15% of the net sale price applies for physical products, and 50% for digital products.

(8) All stated commission rates are net amounts and will be paid out with the addition of value-added tax (VAT).

8. Billing
(1) We will provide the Partner with a statement of compensation claims in their customer account. The Partner is required to promptly review this statement. If the Partner has objections to a statement, they must be submitted to us in writing within four weeks. After this period, the statement is considered correct.

(2) Compensation claims become payable two months after the end of the month in which the end customer’s payment for the respective sale was received. Compensation claims are only payable once a minimum payout amount of €100 is reached. The Partner has the right to request payouts of smaller amounts, subject to a processing fee of €5, which will be deducted from the payout.

(3) Payments will be made via bank transfer to the bank account provided by the Partner in their customer account. Any bank fees (e.g., for international transfers) are the responsibility of the Partner.

9. Liability
(1) Unlimited Liability: We are fully liable for intent and gross negligence, as well as under the provisions of the Product Liability Act. For slight negligence, we are liable for damages resulting from injury to life, body, or health.

(2) Limited Liability in Other Cases: In cases of slight negligence, we are only liable for the breach of essential contractual obligations, the fulfillment of which enables the proper execution of the contract and upon which the Partner can regularly rely (cardinal obligations). In such cases, our liability for slight negligence is limited to the foreseeable damages typical for this type of contract at the time of conclusion.

(3) No further liability exists on our part.

(4) The above limitation of liability also applies to the personal liability of our employees, representatives, and governing bodies.

10. Indemnification / Contractual Penalty
(1) The Partner indemnifies us and our employees or agents against all claims from third parties arising from alleged or actual legal violations and/or infringements of third-party rights due to actions taken by the Partner in connection with the affiliate program. Additionally, the Partner agrees to cover all costs incurred by us as a result of such claims by third parties, including the reasonable costs of legal defense.

(2) The Partner agrees to pay a contractual penalty for each instance of abuse as defined in Section 6.3, to be determined at our reasonable discretion and subject to judicial review in case of dispute. The penalty will not exceed twelve times the Partner's highest monthly revenue within the six months preceding the abuse. This provision does not affect any further claims for damages.

11. Usage Rights
(1) The advertising materials and our other content are protected by copyright and/or other intellectual property rights. We grant the partner a simple, non-exclusive right to use the advertising materials for the duration and purpose of this contract.

(2) Any alteration, reproduction, distribution, or public presentation of the advertising materials or a substantial part thereof requires our prior written consent, insofar as it exceeds the scope granted in paragraph 1 above.

12. Confidentiality
(1) The partner commits to keeping all knowledge gained in the context of the contractual relationship regarding our business and trade secrets or other confidential information indefinitely (also beyond the termination of this contract) confidential, using it only for the purposes of the contract, and in particular not disclosing it to third parties or otherwise exploiting it. If information is designated by us as confidential, there is an irrebuttable presumption that it constitutes business or trade secrets.

(2) The content of this contract and the associated documents are to be treated confidentially by the partner (as business and trade secrets).

(3) The partner must ensure that their employees and other persons engaged to fulfill their contractual obligations are obligated to confidentiality in a manner corresponding to paragraphs 1 and 2 above.

13. Contract Duration and Termination of the Contract, Blocking
(1) The contract is concluded for an indefinite period and can be terminated by either party at any time without notice and without stating reasons.

(2) In addition to this, the right of the parties to terminate the contractual relationship by extraordinary termination for good cause remains unaffected. A good cause justifying extraordinary termination for us is particularly present in the following cases:

Serious breach by the partner of the obligations under this contract, especially a breach of sections 6.2, 6.4, and/or 6.8,
Breach of obligations under this contract and failure to remedy or cease the breach despite our corresponding request,
A case of abuse as defined in section 6.3.

(3) Termination can be communicated via email. A termination declared by us via email is deemed received on the day it is sent to the email address provided by the partner in the customer account. We can also declare termination by restricting access to the customer account. The partner can also declare termination by deleting the customer account. The contract will be terminated upon receipt of the termination.

(4) Upon termination of the contract, the partner is obliged to immediately remove all advertising materials and other links and content from us from the partner website. This also applies to websites or other advertising media where the partner has integrated the advertising materials or links without being entitled to do so.

(5) Leads and/or sales generated after termination of the contract do not result in any payment obligation.

(6) Instead of termination, we may also block the customer account in the cases of section 13.2. This applies even if there is only a justified suspicion of abuse in accordance with section 6.3. We will inform the partner of the reason for the blocking and will lift the block once the reasons that led to the block have been clarified and, if necessary, resolved. Leads generated during the blocking period do not result in any payment obligation.

14. Final Provisions
(1) Should the contract contain ineffective provisions, the validity of the contract shall remain otherwise unaffected.

(2) We reserve the right to amend these Affiliate Terms and Conditions at any time. Any changes will be communicated to the partner via email. If the partner disagrees with the changes, they are entitled to notify us of this within four weeks from the receipt of the change notification. In this case, we have a special right of termination. If such notification is not made within this period, the changes will be deemed accepted and will take effect upon the expiration of the period.

(3) This contract is governed exclusively by German law.

(4) If the partner is a merchant, a legal entity under public law, or a public law special fund, Germany is agreed as the place of jurisdiction for all disputes arising from or in connection with contracts between us and the partner.