Capital for Growth Beteiligungsgesellschaft mbh (Dr. Herman Neubauer Ring 32, D-63500 Seligenstadt, hereinafter referred to as CFG) makes an Internet marketing platform available (hereinafter referred to as Partner Program) and enables the webmasters registered with the Partner Program (hereinafter referred to as Contractual Partner) to advertise offers from various providers. CFG settles the performance-based commission incurred through the advertising of the offers directly with the Contractual Partner. A contractual relationship shall be exclusively concluded between CFG and the Contractual Partner, not however between the Contractual Partner and the providers of the offers. The Contractual Partner of CFG is offered the possibility to integrate links on its website to the products and services of the individual providers. It receives a performance-based commission as remuneration for this activity.
These General Business Terms (hereinafter referred to as General Business Terms) regulate the contractual relationship between Capital for Growth Beteiligungsgesellschaft mbH and the respective Contractual Partner. CFG offers its services exclusively on the basis of these General Business Terms. With the registration the Contractual Partner recognises the General Business Terms as binding in the respective newest version. CFG shall only recognise contradictory terms and conditions of the Contractual Partner or terms and conditions which deviate from CFG if CFG has explicitly approved the validity in writing. CFG is permitted to use third parties for individual services in connection with the operation of the Partner Program at all times.
The registration for the participation in the Partner Program presumes that the Contractual Partner is of the age of consent. The registration in this respect is free of charge. There is no legal entitlement to admission of a Contractual Partner. The decision about the admission of the Contractual Partner to take part in the Partner Program is exclusively subject to CFG. The contractual relationship will be concluded by the confirmation of the registration by CFG by e-mail. The data of the Contractual Partner which are necessary for the registration are to be entered in full and truthfully. Changes to the data are to be reported to CFG in writing in real time (by e-mail is sufficient).
The Contractual Partner operates its homepages at its sole responsibility. Neither an employment relationship, a company, a community nor a commercial agent contract is established between the parties through this contract. None of the parties is entitled to appear in the name of the respective other party and/or to accept offers for the respective other party or submit declarations.
The Contractual Partner will accordingly link the offers of the Partner Program. With this link it will state the contractual partner code agreed between the parties. The correct technical integration is the responsibility of the Contractual Partner. In order for the revenues of a mediated end customer to trigger off an entitlement to commission the visitor must follow a special link from the website of the Contractual Partner to the offers of the Partner Program, register and generate revenues within the framework of the offers. The link individually presumes the following:
Explicitly forbidden is the inclusion of advertisements or offers of the affiliate program not visible to the user. Expressly prohibited is the so-called cookie dropping, i.e. the illegal setting of a cookie that is used to assign a customer to an affiliate. This usually happens without the user being aware of this and without them seeing the ad or offer or clicking on it. This may result in assigning clicks, registrations or similar successes to the affiliate which they have not generated.
The affiliate may not use any form of invisible integration of CFG’s offer to generate a user cookie. Post-view tracking is prohibited as well, unless with the express written consent of CFG. If CFG has consented this approval applies only to the promotional material expressly mentioned in the consent and only for integration in accordance with the advertising guidelines.
Further prohibited is the use of scripts, robots, in-page overlays of products or advertising material that leads to the setting of cookies or an assignment of the final customer or a signup / lead or sale to the affiliate without direct interaction with the customer.
CFG reserves the right to refuse registrations which have been carried out via the link of the Contractual Partner if these do not meet the requirements of a proper online registration, in particular in case of credit unworthiness, an authorization for direct bank debit was not granted, non-submission of a covered credit card , false details of the end customer and or resellers (= a new contractual partner acquired by the contractual partner, manipulation of the age verification, etc.), minority of the contractor. An entitlement to commission will not exist in such cases. CFG is further entitled to block contractual partners or to cancel their account with the offers of the Partner Program. The blocking or cancellation is at the same time deemed as a termination without notice of the end customer and or reseller. With each termination the commission generated until the time of the of the termination will be paid out provided that these correspond with the minimum payment amount at the time of the termination of the contract. In case of a termination the commissions generated until the time the termination takes effect are paid, provided that at the time termination takes effect the requirements of the minimum withdrawal amount are met and no legal reasons exist precluding the disbursement. There are no further claims for commission of the Contractual Partner.
CFG does not pay any commission for revenues as described in Annex B of end customers whose registration was not carried out directly via the manner described above. CFG records all generated revenues and signups of end customers who have registered by using special links between the website of the Contractual Partner and the offers of the Partner Program. CFG shall make summary reports available about these revenues CFG at regular intervals. The form, the contents and the frequency of the reports can be changed by CFG at all times. The Contractual Partner shall receive access to its personal online statistics with its contractual partner code and the password so that it can inform itself about the respective status of its actual commission. These statistics merely represent advance information for the Contractual Partner. The basis of the commission payment is monthly statistics provided by CFG at the end of the month. The Contractual Partner shall receive a credit note of its commission shown therein based on the monthly statistics. Complaints about the monthly statistics must be reported to CFG in writing. CFG reserves the right in case of abuse or technical defects to subsequently correct the online and monthly statistics; the Contractual Partner will be informed hereof immediately and in detail. The Contractual Partner undertakes not to forward commission paid by CFG - not even in part - to the end customer, who registered via link of the Contractual Partner, or to remunerate this to the end customer in any other manner, either directly or indirectly - not even in the form of non-cash benefits. A remuneration claim from the contractual partner depends on the condition of an existing contractual relationship between CFG and the corresponding Provider as well as the payment of the share of the amount underlaying the computation basis by the Provider to CFG. At the end of a contractual relationship between CFG and the corresponding Provider, the contractual relationship between CFG and the contractual partner shall also end without requiring special notice of termination. Thus the remuneration claim of the contractual partner shall end at the time the contractual relationship between CFG and the corresponding Provider ends for the respective product.
The reseller feature provides the Contractual Partner with the opportunity to have a direct share in the earnings from the webmasters they have promoted. The promoted webmaster may not be the Contractual Partner himself, members of his family, company employees or his staff; that is to say no one who has a direct relationship to the Contractual Partner or his website(s). Violations of this regulation by the Contractual Partner will lead to his immediate expulsion from the system, the loss of his Lifetime Sharing status and the demand for repayment of any credit transfers which may already have been made.
A commission will only be paid when the requirements for generating a claim for commission are fulfilled. CFG reserves the right to review all leads and sales to determine whether a legally valid turnover was generated and further reserves the right to cancel any claims in case of non-compliance. The claim for commission is void, inter alia, when a review by CFG reveals that the affiliate has failed to comply with the terms and conditions of the affiliate program.
Subsequently, depending on the outcome of the review, the claim for commission will be confirmed or denied.
The computation basis of the remuneration for a remuneration entitlement of the Contractual Partner are the generated net revenues of the end customer mediated via the contractual partner link and settled in full by the end customer after deduction of payment costs according to Annex B to these General Business Terms. Amounts reimbursed to the end customer are not a part of the computation base. Further possibly incurred service charges such as processing and payment costs or charges of the credit card institutions or banks and credits granted to the end customer or free offers granted through the offers are not part of the computation base either. The remuneration shall be settled monthly. The Contractual Partner receives a credit based on the monthly settlement made available by CFG at the end of the month. All payments are made from a minimum payment amount of EUR 50.00. In the event of a termination of the contract the Contractual Partner is not entitled to payment of his credit amount provided that the credit amount at the time when the contract is terminated does not at least correspond with the minimum payment amount. The payment is made cashless by means of bank transfer. CFG shall charge the Contractual Partner a processing fee of EUR 15.00 for each return booking of the commission credit (e.g. through false details of the Contractual Partner). This will be offset with the next commission credit which is ready for payment. CFG reserve the right to withhold disbursement to the contractor in accordance with statutory provisions in case of irregularities and abnormalities in the commission claims, until the matter has been resolved. No interest will be paid for the payments withheld. In such cases, the contractor may not demand payment until the matter has been fully and finally solved. CFG reserves to withhold the payment to the Contractual Partner interest-free until clarification the right in case of irregularities and special conspicuous features of the commission entitlements of the Contractual Partner. There is then no entitlement to partial payment. With all payment procedures made available within the framework of the Partner Program the Contractual Partner bears the sole collection risk in particular if service charges cannot be realised against the telecommunications provider or the end customer and irrespective of whether the non-ability to collect the receivable is due to reasons of nullity, the lack of willingness to pay, the lack of ability to pay or for other reasons, for example owing to fraud. There is no entitlement of the Contractual Partner for revenue participation provided that CFG does not receive any payment from the end customer or the intermediately involved telecommunications provider. In such a case CFG is neither obliged to reminders nor to debt collection measures, no matter of what kind. Cancellations and possible fines of the credit card companies or charges of bank institutions will be debited back to the Contractual Partner in the amount of its commission share and will be offset against the commission payments to be paid out to the Contractual Partner. The Contractual Partner has to ensure the proper taxation of the commission payments itself. A payment of the value added tax amounts to the Contractual Partner will only be made when the Contractual Partner has sent a corresponding legally valid proof of the Inland Revenue Office or its tax consultant to CFG. A list of the providers which market their products and services via CFG can be found in Annex A. A list of the conditions can be found in Annex B.
In the case of failure to achieve the ratios specified in Annex B CFG reserves the right to determine according to its discretion whether a commission is to be paid and if so, to what extent.
CFG grants the Contractual Partner a non-exclusive, non-transferrable and revocable right, limited in terms of time and space, to solely use the advertising material made available in the Partner Program (photo, video, text and other digital formats) for the purpose of advertising the links /source texts made available to it in the Partner Program. The Contractual Partner is not entitled to use for other purposes than those stated herein. The Contractual Partner will not change, sell or hand over to third parties either the advertising material or other presentations in any manner without the prior explicit written consent of CFG. A use of the advertising material in print and / or TV/IPTV, analogue media or data carriers such as DVD/CD-ROM is not permitted. In case of breaches hereof CFG explicitly reserves the right to initiate legal steps. CFG is entitled to revoke the licence granted to the Contractual Partner at all times and without stating any reasons by written notification. The use of the advertising material may not violate applicable law and must comply with the stipulations of the respective offers with the integration by the Contractual Partner in offers of third parties. The Contractual Partner shall interrupt the use of the advertising material or other material at first request by CFG immediately if there is a justified suspicion of a breach of these conditions for use and/or a violation of applicable law. The use of the product name and /or designations as keywords / terms / name components in commercial advertising services such as e.g. Google-AdWords as well as in Social Media Sites like Facebook, is prohibited. The use of trademarks and/or product names and/or designations as well as words and/or words/icons as keywords / terms / parts of a name of the Provider in non-commercial and commercial advertisement services, like for example Google-AdWords as well as in social media platforms like for example Facebook as well as its use as component parts in domains and/or so-called typing error domains is prohibited and/or only permissible with the written statement of approval by CfG and/or the corresponding trademarks and/or product owners (=Providers). After submitting a written statement of approval for the use of the provider’s own icons and logograms, especially logos and symbols of products and offers, they may always only be used in connection with the offers and products and/or may not be used in an altered nor otherwise changed form.
The offers of the Partner Program are operated according to the law of the country of the respective operator of the offers. CFG is not responsible for third party contents for which it merely mediates the access for use (§ 8 TMG [Telemedia Act]). CFG is merely a mediator between the operator of an offer and the Contractual Partner. CFG informs the Contractual Partner that the respective operator of the offers makes several so-called "Adult Verification Systems" (AVS) available to the Contractual Partner for the offers advertised by it, which can be set- up by the Contractual Partner for the offers advertised by the Contractual Partner according to the configuration. The Contractual Partner can choose respectively different so-called AVS systems, provided by the respective operator of the offers, for the advertising by various media and in various countries. The Contractual Partner can further commission the respective operators of the offers with the integration of further AVS systems or set-up further access controls by own measures and operate these itself. Thus the Contractual Partner bears the sole responsibility for the creation of statutory access restrictions within the meaning of the protection of youths and other statutory conditions which apply in the respective country and legal territory (e.g. Internet law) which the Contractual Partner is respectively subject to owing to the registered seat of its company, nationality and its advertising activity. CFG explicitly draws the attention of the Contractual Partner to the fact that erotic contents are also made accessible to the end customer (Internet user) and other participants with the offers of the Partner Program, which are only suitable for adults. CFG explicitly points out that the offered access restrictions (AVS) do not all comply with the German legislation. The Contractual Partner is requested to examine and monitor the selection of the AVS systems used by it in the configuration in detail for compliance with the statutory stipulations which are valid in the respective country or legal territory. The Contractual Partner hereby indemnifies CFG from all claims of third parties which arise from the instruction of the Contractual Partner for the integration for the AVS systems chosen by it. The Contractual Partner is informed that it can make modifications and updates concerning the design of various processes and flows on the offers of the Partner Program online. Each modification or update presumes that these are confirmed by the Contractual Partner and are then subsequently immediately valid for the respective offer. The Contractual Partner bears the sole responsibility for all modfications.
CFG guarantees no minimum commission and shall not be liable for loss of commission in particular owing to a lack of willingness to operate or interferences of the Internet offer or technical equipment of the Contractual Partner or of other third parties. Neither shall CFG be liable for the change, supplementation or discontinuation of the CFG Partner Program. Incidentally CFG shall only be liable for wilful or grossly negligent conduct, not however for missed profits or payments which cannot be collected. The liability is limited to foreseeable damages. This liability restriction shall also apply for the benefit of the employees and vicarious agents of CFG.
The Contractual Partner shall be liable for breaches of these General Business Terms or other responsibilities. The Contractual Partner is solely responsible for the development, the operation and the service of its website and its offers as well as for all material which appears on its website. It guarantees within the meaning of an independent guarantee promise in particular: a. the set-up and maintenance of the technical operation of its website as well as the thus associated equipment; b. the accuracy and appropriateness of the presentations on its website for advertising offers; c. that no presentation of violence, illegal pornography, contents which pose a danger for youths, which are offered free without the age verification stipulated in the respective country or legal territory or discriminatory statements or presentations with regard to race, sex, religion, nationality, disability, sexual tendency or age are published on its website; d. that it shall further ensure that the material presented on its website do not infringe any rights of third parties (including e.g. copyrights and trademark rights, the general personal rights or other rights) and that the material presented on its website is neither insulting or slanderous nor unlawful in any other manner; e. that it will no spread any viruses, Trojan horses, spam e-mails (i.e. e-mails to persons who have not explicitly declared their consent to the receipt of the e-mails) or other harmful contents. The Contractual Partner further assures that the operation of its website meets the afore-mentioned requirements in full and shall be liable for the afore-mentioned assurances. The Contractual Partner indemnifies CFG from all claims which third parties assert owing to the infringement of their rights in connection with this business relationship. The Contractual Partner shall bear all ensuing costs for the legal defence. At the request of CFG the Contractual Partner must place CFG in the position to defend claims of third parties at its costs. Irrespective of further legal consequences (for example of a nature under criminal law or claims for damages) the Contractual Partner undertakes to pay for each breach of the provisions of these General Business Terms a conventional penalty in the amount of EUR 5,100.00 to CFG. The right is explicitly reserved to assert further claims. The Contractual Partner undertakes to comply with the respective applicable data protection law.
The Contractual Partner is not permitted to carry out unfair advertising. Unfair advertising exists in particular with advertising by using e-mail, chat, telephone or other telecommunication means, without consent given by the recipient (Double-Opt-In) or with third party offers without a consent of the provider. Unfair advertising is further to be assumed in particular with advertising by e-mail, chat, telephone or other telecommunication means in which the identity of the Contractual Partner is not disclosed or hidden or with which no valid address is available to which the recipient can send a request for the discontinuation of such messages without other transmission costs being incurred for this than those according to the basic tariffs. An application for offers by the contractual partner or by another directly or indirectly assigned person or company (e.g. advertising networks) on websites, other offers and media which offer and distribute illegal contents or contents protected by copyrights shall be prohibited. Incidentally it is deemed unfair advertising with advertising which violates criminal or administrative offence factual elements. If there is the justified suspicion for CFG that the Contractual Partner carries out or has initiated unfair advertising then CFG can request the Contractual Partner to remove this suspicion by submitting an affidavit. The affidavit must be available within five workdays after request as an original at the receiving address named by CFG and contain the clear declaration that the Contractual Partner did not carry out unfair advertising either itself or induced other persons or companies to do this. If the contractual partner has not submitted any affidavit within five working days, CFG shall be entitled to disclose the name, address and further data of the contractual partner to the person or persons affected by the unfair advertisement or to the criminal prosecuting authorities if a legal obligation to do so exists. A conventional penalty can be requested in the amount of Euro 5,100.00 for each case of unfair advertising. The contract with the Contractual Partner can be terminated without observing a period of notice. CFG can take recourse against the Contractual Partner for the damages suffered directly or indirectly from the unfair advertising.
Unfair advertising is also assumed in particular when one of the following methods is used: incentivizing of the leads or sales, sponsored leads, the using of paid mailers or similar services, promoting via one’s own subnets, brand bidding, multiple registrations, fake registrations and misleading advertising like, for example, "free pictures / videos" for dating or online gaming campaigns.
This agreement, insofar as not otherwise agreed, is concluded for an indefinite period of time. The termination is possible for both contractual parties at all times and requires a written form (by letter, fax or e-mail). The attempt to manipulate the Partner Program or to use this in breach of the contract (in particular with the infringement of rights of third parties or other statutory regulations) automatically leads to the immediate blocking of the Contractual Partner. Credits acquired unjustifiably or unlawfully will not be paid out to the Contractual Partner. Upon termination of this agreement all rights of use of the Contractual Partner, granted according to this agreement, to the advertisements, notifications and other presentations made available by the operators of the offers, shall lapse. The commission entitlement shall cease to apply when the termination becomes effective. Commission entitlements incurred until the time when the contract is ended shall continue to exist. CFG is entitled to retain the final payment to the Contractual Partner for a reasonable period of time, at least however 30 days in order to ensure that subsequent cancellations, fees, etc. are covered and further charged to the Contractual Partner. A termination of the Partner Program has no effect on the registration of the mediated end customer. Claims for compensation in connection with the termination of this contract are excluded. Those provisions of this contract which by nature also claim to be valid after termination of this contract shall continue to be valid.
This agreement finally reflects the contents of the contractual agreements between the parties and replaces all possible previous agreements between the parties relating to the object of contract. No collateral agreements, also of an oral kind, have been reached. Amendments or addendums to this agreement must be made in writing. The same applies to a waiver of the written form requirement
German law shall apply within the framework of the advertising of the offer of the CFG Partner Program. The law of the Federal Republic of Germany shall apply within the framework of the settlement of the contractual partner. The place of performance for this agreement is the registered seat of CFG. If CFG commissions a sub-contractor with executing services in connection with the operation of the Partner Program the respective law according to the registered seat of the service provider shall apply to the contractual relationships to this service provider provided that this belongs to the European Union. The place of jurisdiction, insofar as permitted by law, is Seligenstadt. Should provisions of this contract be or become invalid or should loopholes be determined in the contract this shall have no effect on the validity of the other provisions. The contractual partners undertake in this case to agree upon reasonable regulations which shall as far as possible correspond with that which the contractual partners intended according to the meaning of the contract.
The annex A & B are part of these Terms and Conditions
Seligenstadt, June 06, 2017
to the General Business Termns for the participation in the Partner Program
Effective from January 10th, 2018
Product: VISIT-X.net, hotamateurchat.com, cam-box.com, camsonair.com, beianrufsex.com,
VISIT-X B.V., Krijin Taconiskade 424,1037 HW Amsterdam, The Netherlands Managing Director: Maurice Berendsen
Product: lustagenten.de, lustagenten.com, lustagenten.xxx, realdates4you.com, pornme.pm,
EDEV Media AG, Leutschenbachstrasse 95, 3050 Zürich, Switzerland Administrative Board: Martin Truniger
Flirtlife GmbH, Dr.-Hermann-Neubauer-Ring 32, 63500 Seligenstadt
Managing Director: Matthias Kopolt
For the general terms and conditions for the participation in the affiliate program
Effective from June 09, 2017
Compensation regarding the prodcuts VISIT-X.net, hotamateurchat.com, cam-box.com, camsonair.com,lustagenten.de, lustagenten.com, lustagenten.xxx, flirtlife.de, flirtlife.com, realdates4you.com, pornme.pm, pornme.de, camchat-community.com, beianrufsex.com
The payment costs amount to 10% generalized of the gross turnover of the canvassed end customers. Hence, the gross turnover less the payment cost form the assessment basis for the calculation of all further proportional commissions.
To turnovers generated by voicecalls the following special assessment basis according to the respective country apply: (Payment costs have already been considered):
For mobile products we apply a basis of 5,75 € (only valid for german operator billings)
|Commission Level||Sharing basis|
To turnovers for Phone-Cams (valid only for German, Austrian and Swiss Operator Billings, Sharing-Basis: 1,50 €):
For every campaign launched within the affiliate program, the contractual partner receives, depending on the product promoted, either a percentaged commission of the assessment basis of the generated turnover or a once-only flat commission for newly acquired customers. The once-only commission will hereafter be referred to as “Lead commission”. Within the scope of the lead commsion, only valid leads will be remunerated. The definition of a lead is determined by the merchant. Valid leads are transferred to CFG by the merchant. A lead is considered as a valid lead as soon as a Unique User submits his / her login credentials completely and correctly, provided that his / her IP address has not already been used within the last 12 hours or his / her e-mail address has not already been used for registration. A valid lead is also a lead originating from a Unique User in Germany, Austria or Switzerland who has logged in at least twice and completed the registration wizard (Lustagenten, Flirtlife), or a Unique User who has verified his / her e-mail address via DoubleOptIn (Lustagenten, Flirtlife, VISIT-X, PornMe) or from a Unique User originating in Germany, Austria, Switzerland who has logged in at least twice (VISIT-X, PornMe). A sign-up denotes the first registration of the user with one of products promoted by the contractual partner. Registration is defined as the first-time creation of a user account under specification of full name, e-mail address and password of the user. CFG reserves the right to terminate lead campaigns at any moment, especially in cases of suspicion of criminal action.
For a full disbursement of the commission for lead based products a Lead:Sale-Ratio of 12:1 applies (effective as to the date the commission is calculated).
The amount of the percentaged basic commsions or the basic commission per lead depends on the commission level of the contractual partner. Each partner starts out on the first level and can gradually rise to higher levels according to the criteria depicted in Table 1 and can thus increase his basic or lead commission rate. With the monthly invoice it will be assessed whether the criteria for the subsequent level are fulfilled. If both criteria are fulfilled at this key date, the contractual partner will be promoted immediately (see example 1). There is no automatic reduction. If the contractual partner canvasses a new customer, the current commission rate at the moment of the user's sign-up will be recorded permanently. This commission rate does not change if the contractual partner's commission level changes later. The commission rates are recorded for each customer and are displayed to the partner in his statistics (see example 2). For lead commissions, likewise, the commission rate current at the moment of sign-up is relevant.
For the promotion within the following commission scale, above all the criterion of new customer commission will be consulted. For campaigns with percentaged remuneration, new customer commissions define those commissions the contractual partner receives for turnovers generated by users within the first 28 days after their sign-up. For campaigns with a lead commission, 30% of the basic lead commission will be counted as new customer commission (see example 3).
|Commision level||The two criteria which both have to be fulfilled for a promotion||VISIT-X||PornMe||Lustagenten/
|∑ New customer commissions in the last 3 months||∑ New customer commissions since the last promotion||Basic commission|
|7||≥ 15.000 €||≥ 100.000 €||42%||42%||52%||0,63 € / Min.|
|6||≥ 7.500 €||≥ 25.000 €||40%||40%||50%||0,60 € / Min.|
|5||≥ 2.500 €||≥ 12.000 €||38%||38%||48%||0,57 € / Min.|
|4||≥ 1.250 €||≥ 5.000 €||36%||36%||46%||0,54 € / Min.|
|3||≥ 500 €||≥ 2.500 €||34%||34%||44%||0,51 € / Min.|
|2||≥ 250 €||≥ 1.200 €||32%||32%||42%||0,48 € / Min.|
|1||0 €||0 €||30%||30%||40%||0,45 € / Min.|
|Commision level||The two criteria which both have to be fulfilled for a promotion||VISIT-X||PornMe||Lustagenten
|∑ New customer commissions in the last 3 months||∑ New customer commissions since the last promotion||Basic commission per lead|
|7||≥ 15.000 €||≥ 100.000 €||10,00 €||-||7,00 €||-|
|6||≥ 7.500 €||≥ 25.000 €||9,75 €||-||6,75 €||-|
|5||≥ 2.500 €||≥ 12.000 €||9,50 €||-||6,50 €||-|
|4||≥ 1.250 €||≥ 5.000 €||9,25 €||-||6,25 €||-|
|3||≥ 500 €||≥ 2.500 €||9,00 €||-||6,00 €||-|
|2||≥ 250 €||≥ 1.200 €||8,75 €||-||5,75 €||-|
|1||0 €||0 €||8,50 €||-||5,50 €||-|
Example 1: The contractual partner has been promoted to level 3 in January. As table 1 shows, he must fulfill two criteria cumulatively in order to be promoted to level 4. For one thing, he has to have generated a new customer commission of 5,000 EUR, for another he has to have generated a new customer commission of 1,500 EUR in the last 3 months. If the contractual partner has, for example, generated 500 Euros new customer commission every month since February, he fulfills the criterion “accumulated new customer commission since last promotion” after ten months (that is, in November), because the new customer commission since his last prootion amounts to 5,000 EUR. Additionally, the second criterion for reaching level 4 ist fulfilled, too: The new customer commission generated by the contractual partner in the last 3 months of 1,500 EUR is higher than the necessary amount of 1,250 EUR. Therefore, the contractual partner will be promoted to level 4 with the monthly invoice of November.
Example 2:The contractual partner canvasses 50 customers on the first commission level. After being promoted to the second level, he canvasses another 100 customers. After he reached the thrid level, the contractual partner canvasses his first 10 customers on that level. For all 50 customers canvassed on the first level, the contractual partner receivers 30% basic commission. For the 100 customers canvassed on the second level, he receivers a 32% commission of their generated turnover. And for the customers canvassed on the current level, he receives a commission of 34%.
Example 3: The contractual partner wins 50 customers for the product Lustagenten on the first commission level. After being promoted to the second level, he wins 100 more customers. When he reaches the third level, he wins another 10 customers. For the 50 customers won on the first level, the contractual partner receives a once-only remunerateion of 5,50 € each. For those won at the second level, he receives 5,75 € each. And for those won at the current level, he receives a lead commission of 6,00€ per customer.
Als Neukundenprovisionen werden im Beispiel 3 30% der Leadvergütung vergütet, mithin: 30% x (50 x 5,50 Euro + 100 x 5,75 EUR + 10 x 6,00 EUR) = 273,00 EUR
From the second commission level on, the contractual partner has the possibility to receive additional bonus payments beyond the basic commission. Depending on his commission level, he has to fulfill the criteria displayed in table 2. With the monthly invoice, it will automatically be assessed whether these criteria are fulfilled. If the criterion to reach the next commission level was fulfilled, the contractual partner receives a basic commission increased by 6% for all turnovers of the campaigns of the respective month in addition to the usual payout. For the campaigns remunerated per lead, he receives a lead commission rate increased by 6% if he fulfills the criterion in table 2.
|Commission level||Criterion, which has to be fulfilled for promotion|
|∑ New customer commission in the last 3 months|
|Table 2: shows the criteria for receiving the performance bonus on the respective commission levels|
Example 4: A contractual partner has reached level 4 and has generated a new customer commission of 1,900 € in the past three months. (EUR 500 in January, EUR 1000 in February and EUR 400 in March). In order to receive the performance bonus with the invoice of March, he would have had to generate at least 2,000 € of new customer commission. This means he does not receive a performance bonus in March. If, however, he generates another 700 EUR of new customer commission in April, he will receive the bonus in April (1000 EUR + 400 EUR + 700 EUR = 2100 EUR). The performance bonus is a basic commission increased by 6% (36%+6%) of all turnovers he generated in the respective month.
All contractual partners have the possibility to canvass new contractual partners (henceforth:resellers) for the respective affiliate program and receive additional remunerations. For this purpose, besides his commission level, each contractual partner also maintains a reseller level, on the basis of which his reseller commission will be calculated. He starts out on reseller level 1 and can be promoted to higher levels according to the criteria displayed in table 3.
A reseller won by a contractual partner will be structurally allocated to this partner and counts as directly canvassed by him (First reseller level) With his registration, each reseller is an equal contractual partner of CFG and can in turn canvass further resellers. Thereby, a structure with unlimited levels can evolve for the original contractual partner. He can either directly or indirectly via his resellers win further partners and increase his commission.
In order to be promoted to the higher reseller levels, the contractual partner has to fullfil all three criteria named in table 3 on the key date. Firstly, the entire reseller structure of the contractual partner has to have generated a certain new customer commission in the last 3 months. Furthermore, the resellers have to have generated a a certain amount of new customer commission since the contractual partner reached his current reseller level. Finally, the contractual partner has to have canvassed a minimum number of active and direct resellers on the first level, in order to reach the next reseller level. A reseller is 'active' if he and his resellers together have generated at least 300 Euros of new customer commission within the last 12 months.
|Reseller level||Three critria that have to be fulfilled in order to reach the next level||VISIT-X||PornMe||Lustagenten
|∑ New customer commission of all resellers in the last 3 months||∑ New customer commission of all resellers since reaching the current reseller level||Number of active + direct resellers||Assessment base for proportional reseller commission|
|7||≥ 18.000 €||≥ 250.000 €||6||46%||46%||56%||46%|
|6||≥ 12.000 €||≥ 100.000 €||5||44%||44%||54%||44%|
|5||≥ 6.000 €||≥ 30.000 €||4||42%||42%||52%||42%|
|4||≥ 2.000 €||≥ 15.000 €||3||40%||40%||50%||40%|
|3||≥ 500 €||≥ 4.000 €||2||38%||38%||48%||38%|
|2||≥ 200 €||≥ 1.000 €||1||36%||36%||46%||36%|
|1||0 €||0 €||0||34%||34%||44%||34%|
|Reseller level||Three critria that have to be fulfilled in order to reach the next level||VISIT-X||PornMe||Lustagenten
|∑ New customer commission of all resellers in the last 3 months||∑ New customer commission of all resellers since reaching the current reseller level||Number of active + direct resellers||Assessment base once-only lead commission|
|7||≥ 18.000 €||≥ 250.000 €||6||10,50 €||-||7,50 €||-|
|6||≥ 12.000 €||≥ 100.000 €||5||10,25 €||-||7,25 €||-|
|5||≥ 6.000 €||≥ 30.000 €||4||10,00 €||-||7,00 €||-|
|4||≥ 2.000 €||≥ 15.000 €||3||9,75 €||-||6,75 €||-|
|3||≥ 500 €||≥ 4.000 €||2||9,50 €||-||6,50 €||-|
|2||≥ 200 €||≥ 1.000 €||1||9,25 €||-||6,25 €||-|
|1||0 €||0 €||0||9,00 €||-||6,00 €||-|
Example 6: Figure 1 shows an example structure of a contractual partner. The contractuakl partner in this example has directly canvassed two resellers for the affiliate program himself (Reseller Nr.1 und Reseller Nr. 2). Reseller Nr. 2 has in turn directly won one more reseller (Reseller Nr. 3). This Reseller has directly won another reseller (Reseller Nr. 4). For the original contractual partner, a reseller structure of 3 levels evolved: (graue Box links: Example: Commission contractual partner, commission reseller Nr. 2,Nr. 3 and Nr.4; Diagramm: Contractual parter: basic commission rate level2, reseller commission level 4 etc.))
Starting point for the example: Reseller 4 generates 1,000 EUR via his campaign (after deduction of payment costs)
Figure 1: Reseller commission with the example of a three level structure.
Be it that reseller Nr. 4 generates a gross turnover 1,000 EUR (payment costs deducted) via his campaign, the following distribution of commissions for the contractual partner and the resellers applies:
|Reseller Nr. 4
With a first-lvel basic commission
|Receives a basic commission of 30%, i.e. 300 EUR remuneration commission|
|Reseller Nr. 3
With a second-level basic commission and a first-level reseller commission
|Receives the difference between his reseller commission and his direct reseller's basic commission as a remuneration commission. This amounts to 4% of the assessment basis, i.e. 40 EUR.|
|Reseller Nr. 2
With a first-level basic commission and a third-level reseller commission
|Receives the difference between his reseller commission and the reseller commission of his direct reseller (Nr.3) as remuneration commission. This also amounts to 4% of the assessment basis, i.e. 40 EUR.|
With a second-level basic commission and a fourth-level reseller commission
|Receives the difference between his reseller commission and the reseller commission of his direct reseller (Nr, 2) as a remuneration commission. This amounts to 2% of the assessment basis, i.e. 20 EUR.|
|Reseller Nr. 1
With a second-level basic commission
|Does not receive a remuneration commission to the turnover generated by reseller Nr. 4, because Nr. 4 is not part of Nr. 1's sub-structure.|
If a contractual partner's reseller generates turnovers, the contractual partner receives the difference between his reseller commission and the reseller's basic commission as a remuneration commission. If, however, a reseller's reseller (second level from the contractual partner's point of view) turnovers, the contractual partner receives the difference between his reseller commission rate and the reseller commission rate of his direct reseller as a remuneration commission. A canvassed reseller is structurally allocated to the contractual partner as long as he maintains a lower or equal reseller level. As soon as the reseller's reseller level exceeds that of the contractual partner in one month's invoice, he and all his resellers will no longer form part of the contractual partner's sub-structure. The contractual partner's claims to any reseller commissions he has hitherto received directly or indirectly via this reseller expire at that moment.
Restricted parties may not lay claim to a disbursement of their reseller commissions