General terms and conditions for the QUESTIONSTAR Partner Program
Motaev Marx Motaev GbR (hereinafter referred to as “MMM”) provides its customers with an internet-based online service “QUESTIONSTAR” (hereinafter referred to as “Service”) via its website, on the basis of which customers can create online questionnaires and conduct web-based online surveys.
Partners of MMM recruit clients who purchase licences to use the service (hereinafter referred to as “Buyers”). Partners are remunerated with commission payments for the recruitment of Buyers.
The following conditions govern the relationship between MMM and Partners.
§1.RIGHTS AND OBLIGATIONS OF THE PARTIES
(1) The Partner shall generate Buyers for the Service and, if necessary, provide consultations regarding the settings and usage of the Service. The Partner is remunerated with a commission fee for each payment a generated Buyer does with the Service.
(2) The Partner shall receive current information in anonymised form about the Buyers s/he has generated, the amount of the payments received from these Buyers, and the amount of the commission due to the Partner in their Personal Partner Account on the website https://partner.questionstar.de.
(3) The Partner has the right to:
- Use the brand name “QUESTIONSTAR” for the purposes of fulfilling this Agreement.
- Publish and distribute their referral link and/or QR code by any means that comply with this Agreement.
- Present themself as an official partner of QUESTIONSTAR.
(4) The Partner shall comply with all applicable laws when advertising the Service, especially the Advertising Act and the Act against Unfair Competition.
(5) The Partner shall not enter into or sign any agency, representation, commission or other contracts in that they assign their rights under this Agreement to third parties.
(6) The Partner is not permitted to:
- Use the brand name “QUESTIONSTAR” for the purposes that are not related to the execution of this Agreement.
- Publish or advertise any conditions that differ from the terms of service and/or prices of the Service.
- Use any spam methods to advertise the Service, either it’s email spam, search spam or something else.
- Use the trademark “QUESTONSTAR” or any domain name of QUESTIONSTAR, e.g. questionstar.com, questionstar.de, questionstar.ru, in search queries and/or keywords in targeted or contextual advertisements, such as Google Adwords, Facebook Ads and others, as well as to use links to these domains in such advertisements.
- Represent themself or their company as QUESTIONSTAR (use its trade mark, company name, contact or registration information, phone numbers, addresses, etc. as their corporate details).
(7) МММ shall pay commission fee to the Partner according to the conditions of this Agreement provided that the Partner complies with the terms and conditions of this Agreement.
(8) MMM has the right to demand cessation of distribution of advertisement messages and materials which contain information about the Service in case if MMM considers them inappropriate and/or unacceptable. The Partner shall comply with this request within two calendar days of receipt. In the event of non-compliance with this request, MMM is entitled to terminate this Agreement prematurely and demand the compensation for corresponding losses.
§2. COMMISSION AND PAYMENT PROCEDURE
(1) The amount of Partner’s commission charged to the Partner is calculated for each payment received by MMM from Buyers generated by the Partner and equals:
- 30% (thirty percent) of the payment when the Buyer makes their first payment.
- 10% (ten percent) of the payment when the Buyer makes their second and any subsequent payment.
(2) The remuneration of the Partner under this Agreement shall be effected by transferring the commission either to the Partner’s credit card or to their account with the electronic payment system PayPal. The Partner can specify their preferred payment method in their Personal Partner Account.
(3) MMM pays the commission if the commission amount equals or exceeds €50 (fifty Euros).
(4) MMM shall transfer the commission fee to the Partner’s prefered payment method within 5 (five) days after receipt of the payment request. The Partner can initiate the payment request in their Personal Partner Account.
(5) The payment obligation of MMM towards the Partner shall be deemed fulfilled from the date of receipt of payment to the payment method specified by the Partner in their Personal Partner Account.
(6) The Partner shall be solely responsible for all expenses incurred by them in connection with the execution of this Agreement; such expenses shall not be invoiced separately or additionally and shall be borne by the Partner alone. In particular, MMM does not reimburse the Partner for any expenses for advertising, marketing materials, market research, training of Buyers, and other expenses incurred by the Partner in connection with execution of this Agreement.
(7) In case a Buyer demands a refund or executes a chargeback operation of the payment made by means of a bank card or other payment system, the commission for such refunded payment will not be paid to the Partner. In case the Buyer demands a refund after the commission for the correspondent payment has been transferred to the Partner, then the amount of the commission fee for this payment shall be returned to the MMM’s account or (at MMM’s discretion) withheld from the future commission fees.
§3. TERM AND TERMINATION OF THE AGREEMENT
(1) The term of this Agreement commences immediately after the Partner has registered on the website of the Partner Program and activated their Partner account.
(2) This Agreement is concluded for an indefinite period of time and can be terminated by either party prematurely, provided that the other party is notified in writing at least 5 (five) calendar days in advance.
(3) MMM reserves the right to terminate this Agreement prematurely in the event that the Partner violates the terms of this Agreement.
(4) The conditions of this Agreement can be modified or supplemented by MMM. The updated conditions will be published on the MMM’s website. In this case, the Partner will be notified of the changes by means of an email sent to the email address they have entered in their Personal Partner Account. The updated terms and conditions shall automatically become effective and replace the previously applicable terms and conditions unless the Partner objects to them in writing within 14 days of receipt of the notification.
§4. ORGANIZATIONAL MATTERS
(1) All business correspondence should be sent to the following address:
Motaev Marx Motaev (MMM) GbR
Vahrenwalder Str. 253
(2) If the laws permit electronic form for certain types of correspondence, it may also be used.
§5. FINAL CLAUSES AND INVALIDITY
(1) German law shall apply to this Agreement and the contracts based on it for both parties. Place of performance and place of jurisdiction is the place of the registered office of MMM.
(2) If a clause of this Agreement becomes invalid, the validity of the remaining clauses shall remain unaffected. The invalid clause shall be replaced so that the new clause is as close as possible to the economic and legal meaning that the replaced clause pursues.
Hanover, 18. June 2020