Terms of Use and Privacy Statement

Terms and
Conditions for participation in the Explore International Ltd. (Security
Umbrella) Affiliate Partner Program

§ 1 Development
and maintenance of the partner website

(1) For
your website, we will use this platform to provide you with links to a
selection of graphics and texts (hereinafter "Links") for
contract-specific use. Only these Links may be added in reasonable numbers and
in all appropriate areas of your website. Generation of Explore International
Ltd. (Security Umbrella) cookies is allowed only if Explore International Ltd.
(Security Umbrella) advertising means is used, this is made visible and the
generation of the cookie is preceded by a deliberate clicking by a user. Partners
are prohibited from the invisible integration of Explore International Ltd. (Security
Umbrella) in internet shops with the sole purpose of placing a cookie at the
user. In general, publishers are prohibited from using . s, pop-ups,
pop-unders, and layered advertising material that is Explore International Ltd.
(Security Umbrella) advertising or the Security Umbrella internet shop to place
a cookie at the user without his approval. Only sales resulting from reasonable,
regular marketing activity originating from your website/ad space will be
remunerated.  

The Links
may only be integrated on the website, whose address (URL) you provided as part
of the application for the Explore International Ltd. (Security Umbrella)
Partner Program. The Links are used to identify your website in our Affiliate Network
and to connect from your website to our website. A connection to our website
will only be made using these Links. The Links may redirect to various sections
of our website.



(2) Our
instructions for installing Links must be strictly observed with regard to
technical application and maintenance. To ensure accurate billing, use only the
Links provided by Explore International Ltd. (Security Umbrella). To ensure correctness,
regularly replace the content with new editorial texts provided by us, as far
as these are not already dynamically maintained or changed by Explore
International Ltd. (Security Umbrella).


(3) Maintaining
your website is your sole responsibility. So long as you use our Links, you
will regularly renew the information and Links related to Explore International
Ltd. (Security Umbrella) products, and delete outdated Links and content, as
far as these are not already dynamically maintained or changed by Explore
International Ltd. (Security Umbrella).  

§ 2 Calculation
of your advertising revenue

Advertising
revenue only includes product sales by Explore International Ltd. (Security
Umbrella) to customers who landed on our website via a Link from your website
immediately prior to purchase. Such sales will be considered for the
calculation of your advertising revenue, provided that the sale, delivery and
full payment of the goods are completed, less returns, sales tax and credits.

Please
note that sales to customers who do not access our website via a Link from your
website immediately prior to ordering will not be considered in calculating
your advertising revenue.

We
reserve the right to demand the return of paid commission for products returned
in full or partial if necessary.

§ 3 Rights
of use

(1) You
will be granted a non-exclusive, non-transferable and revocable right to access
our website through the Links provided by this Agreement. Only in connection
with such Links will you have the right to use the Explore International Ltd.
(Security Umbrella) logo and other materials provided for the purpose of
advertising our website. This right applies solely for the purpose of generating
a link between your website and our website that will enable your users to
purchase Explore International Ltd. (Security Umbrella) products. Revision or
modification of licensed materials in any way is strictly prohibited. Violation
of the aforementioned Agreement entitles Explore International Ltd. (Security
Umbrella) to immediate termination of the contract.



(2) The
rights under clause 3 (1) expire upon termination of this Agreement.

§ 4 Your
responsibilities

(1) You
are fully responsible for the development, operation and maintenance of your
website and for any materials that appear on your website. This responsibility
applies in particular to the technical application of your site and technical
system requirements. Specifically, you guarantee that your site is free from
pornography, violence (sexual violence, killing of humans or animals),
discriminatory depictions of persons, insults, extremist and radical content or
content not suitable for minors, triviality or glorifications of drugs and
weapons and inappropriate language usage (sexual language, vulgar language,
blasphemy, etc.) and does not link to other websites with such content.



(2) You
are obliged to release us from any claims made by third parties and to assume
all costs in connection with our defense against claims made by third parties,
which are related to the development, the operation or the maintenance and the
content of your site so long as this is not related to advertising material or
product data provided by Explore International Ltd. (Security Umbrella). You
are also obliged to assist Explore International Ltd. (Security Umbrella) in their
defense against such third party claims by providing statements, in particular
sworn statements, as well as other supporting information. You are obliged to refrain
from all activities that affect the functionality of the software or the system
(e.g. mail bombs, etc.) and are liable for all damages incurred by Explore
International Ltd. (Security Umbrella) caused by such actions on your part.



(3) It is
prohibited to set up your website in a way that creates the likelihood of
confusion with our site, or gives the impression that your site is our site or
part of our site. You will not use materials from us on your website for which
you do not receive our consent or through our website. Your domain name or the
meta-text of your website will not contain the words "Explore
International Ltd. (Security Umbrella)" or
"href. Using and advertising on search engines
or sponsored links, paid ad serving, keyword advertising, keyword targeting
(such as GoogleAdwords, etc.) with providers (such as Google, Yahoo, MIVA,
etc.) with these words is strictly prohibited.

Direct
redirects to the Explore International Ltd. (Security Umbrella) website are not
allowed. It is strictly prohibited to directly or indirectly disclose any other
promotional material that relates to us without having previously submitted
this material to us and before receiving our written approval. Approval should
be obtained, in particular, if you wish to advertise on a third party website
or in other media for your own website using the aforementioned materials or
when referencing Explore International Ltd. (Security Umbrella). In any case,
you must ensure that your website or your use of the aforementioned advertising
material or your use of the Explore International Ltd. (Security Umbrella) name,
is not perceived as the Explore International Ltd. (Security Umbrella) website or
as Explore International Ltd. (Security Umbrella) advertising.



(4) It is
strictly prohibited to create or accept orders or represent us on our behalf.
In particular, you are not authorized to send emails to end customers promoting
Explore International Ltd. (Security Umbrella) and/or Explore International
Ltd. (Security Umbrella) products on behalf of Explore International Ltd.
(Security Umbrella) or on your behalf. You will not be involved in the
settlement of purchases between us and our end customers. You are strictly prohibited
from acting as a sales agent or commissioner of Explore International Ltd.
(Security Umbrella). You are obliged to ensure that the design of your website
does not create such an impression. It is strictly prohibited to provide any
information to third parties that could give rise to such an impression.


(5) You
may use Explore International Ltd. (Security Umbrella) Links only on the
website whose address (URL) you specified in the context of this application.
In the event of a change in the domain of your website, Explore International
Ltd. (Security Umbrella) is to be notified one month in advance. The
continuation of Link placement is permitted under the new domain, so long as
Explore International Ltd. (Security Umbrella) does not object to the use
thereof. The same applies in the case of a change in the content of your
website.



(6) You are
obliged to operate your website independently and are responsible for the
content within the meaning of § 8 TDG and that you observe the rules and
obligations of the TDDSG (in particular, you are solely responsible for
compliance with the relevant provisions of the TDDSG regarding the storage of
cookies), BDSG and that you release Explore International Ltd. (Security
Umbrella) from all claims raised against Explore International Ltd. (Security
Umbrella) caused by a breach of data protection laws of which you are guilty.


(7) Commercial
orders are not remunerated.



(8) Advertising
material provided or authorized for a partner segment is not transferable and
may not be used by another partner segment.


(9) You
are not authorized to create or accept orders, or to represent us on our behalf
in social networks such as Facebook or Twitter. In the event of an
infringement, Affiliates will be removed from the program by using the Affiliate
Link and there will be no entitlement to commissions generated in this manner.



(10) The
use of Explore International Ltd. (Security Umbrella) Affiliate Links in
toolbars, whether Affiliate owned or third party toolbars, in which the Affiliate
is logged into or with which the Affiliate cooperates, is strictly prohibited.
Furthermore, any modification of browsers in the form of plug-ins or software,
which diverts a user who is already on the Explore International Ltd. (Security
Umbrella) website to an Affiliate site or to place an Affiliate cookie, is
prohibited. This is for example, overlays which are available through Explore
International Ltd. (Security Umbrella) website and thus appear to be part of
Explore International Ltd. (Security Umbrella) website. Existing Affiliates,
who are currently using a similar application, must immediately report this and
have their application approved. In the event of an infringement, Affiliate Partners
will be removed from the program using the Affiliate Link and there will be no
entitlement to commissions generated in this manner.



(11) Any
breach against the listed program rules by an Explore International Ltd.
(Security Umbrella) Partner Program Affiliate may immediately and without
notice lead to the exclusion of the Explore International Ltd. (Security Umbrella)
Partner Program and the cancellation of all open sales. You are also required
to pay a breach of contract penalty to Explore International Ltd. (Security Umbrella),
if you violate a provision under § 1 or § 3. The amount of the contractual
penalty is determined by Explorer International Ltd. (Security Umbrella) and,
in case of dispute, may be reviewed by the competent court. When determining
the penalty, Explore International Ltd. (Security Umbrella) will take into
consideration the type and extent of the breach of contract and the specific
circumstances of the case. Furthermore, we reserve the right to further legal
action, in particular the assertion of claims for damages.  

§ 5 Contract
amendments

We
reserve the right to amend the terms and conditions of this Agreement at any time.
You will be informed by email about any changes. Amendments may be made in
particular with regard to the remuneration and payment procedure. If you object
to a modification, you have the option to terminate the Agreement. Your
continued participation in the Partner Network after the date the changes take
effect, will be deemed as acceptance of the changes. We will point out this
legal consequence at the time you are notified of changes.

§ 6 Confidentiality

(1) Unless
otherwise stipulated in this Agreement or unless an approval from another party
is submitted, all information, including, but not limited to, the terms of this
Agreement, business and financial information, customers and vendor lists, and
pricing and sales information, must be kept strictly confidential and such
confidential information provided may not be used neither directly nor
indirectly for your own economic purposes or any other purpose.



(2) Press
releases concerning cooperation based on this contract are to be approved by
Explore International Ltd. (Security Umbrella) and require prior written
approval from Explore International Ltd. (Security Umbrella) prior to
publication.

(3) This
does not apply if such information is known or accessible to the public via
publicly available sources that are not the sources of the respective party.
Regardless of this provision, each party is entitled to disclose a copy of such
information if there is a legal or administrative requirement, or if being
disclosed to a bookkeeper, lawyer or other person on a confidential basis, or
if there is a legal obligation to do so.

§ 7 Warranty
and liability

(1) We
will operate our website within our technical capabilities. We make no
representations or guarantees with respect to the Partner Network, Explore
International Ltd. (Security Umbrella) products and the error-free and
uninterrupted usability of our website.


(2) In
the case of intent and gross negligence, including that of our legal
representatives and agents, we are liable according to legal statutes. The same
applies to culpably caused damage from injury to life, limb or health, damage
caused by the lack of a guaranteed quality, as well as in the case of fraudulently
concealed defects. In the case of property and pecuniary damage caused by us,
our legal representatives or agents, we shall only be liable in the event of a
breach of a material contractual obligation, but limited in amount to the
damage foreseeable at the time of the conclusion of the contract and as typical
for the contract. Significant contractual obligations are those whose
fulfillment make the proper execution of a contract possible in the first place
and on the compliance of which the contracting parties can regularly rely and
trust. Liability under the Product Liability Act remains unaffected. Otherwise
we shall be exempt from liability.

§ 8 Miscellaneous

(1) International
law applies to this Agreement. If you are a merchant as defined by the Commercial
Code, a legal entity under public law or special fund under public law, the
exclusive place of jurisdiction is San Diego. In this case, we reserve the right
to take legal action at your place of jurisdiction. This Agreement is not
transferable without our written consent; Explore International Ltd. (Security
Umbrella) is entitled to assign its rights and obligations under this Agreement
to companies in which Explore International Ltd. (Security Umbrella) or one of
its shareholders is directly or indirectly involved by transferring or granting
them rights under this contract.



(2) Should
individual provisions of this Agreement be or become wholly or partially
invalid or unenforceable, this shall not affect the validity of the remaining
provisions of the Agreement. This also applies in the event that the Agreement
contains a regulatory gap. In place of the invalid or unenforceable provision
or to fill the gap, an appropriate provision shall apply which, as far as is
legally possible, comes closest to what the Partners would have intended, had
they considered this point at the time the Agreement was concluded.



(3) The
contract is concluded with the acceptance of the offer by the customer. The
contract may be terminated by either party in writing, subject to the
applicable time limits for each Network (see Agreements within the Networks).



Status:
31.10.2017