TERMS AND CONDITIONS

for participation in the PartnerCash partner programme offered by
 PartnerCash GmbH
Stockern 47
A− 3744 Stockern
hereinafter referred to in short as "PartnerCash".

1. General provisions:
These terms and conditions are applicable from: 2017−03−23
 1.1.
In the PartnerCash partner programme, PartnerCash offers the option of promoting websites and products that are exhaustively listed on the partner programme websites ("PartnerCash system") on a commission basis. Any and all persons − natural or legal − who intend to undertake such promotion under this partner programme and enter into a contractual relationship with PartnerCash are hereinafter referred to as "Resellers/Webmasters".
1.2.
Under this partner programme, PartnerCash does not enter into contractual relationships of any kind with consumers, for which reason they are excluded from the option of becoming Resellers/Webmasters. Under the partner programme ResellersWebmasters shall be entrepreneurial active at least in terms of the commercial promotional activity they practise. The descriptive evidence in commercial activity shall be raised in accordance with acceptance of the offer by Reseller/Webmaster by PartnerCash (registration papers, tax number detection, verification of the person, business license).
1.3.
PartnerCash is prepared to conclude contracts exclusively on the basis of these General Terms and Conditions ("GTC"). This shall apply regardless of any references the Reseller/Webmaster might make to any General Terms and Conditions of his own of any kind and these shall not form any part of the contract between the Reseller/Webmaster and PartnerCash. Alternative terms shall only apply where PartnerCash has expressly agreed to these in writing.
1.4.
The language governing this Agreement shall be German. With regard to translations of their websites, GTC and pro forma contracts published by PartnerCash, only the German version shall be considered binding in the event of any linguistic ambiguities and cases of doubt. Any and all amendments to this Agreement shall be effective only if they have been agreed upon in writing. Any deviations from this formal requirement must also be made in writing.
1.5.
The Reseller/Webmaster shall be notified of any planned amendment to these General Terms and Conditions by letter, fax or e−mail at least two weeks before this comes into effect. The Reseller/Webmaster is entitled to disagree with this by letter or fax, up to the point at which the amendment takes effect. If no relevant declaration has been submitted by the Reseller/Webmaster by the time the amendment takes effect, this shall be taken as consent to the amended terms and conditions. In the event of a timely objection by the Reseller/Webmaster, the planned amendments shall not come into effect with regard to this Reseller/Webmaster; rather, the original GTC as accepted by the Reseller/Webmaster shall remain in force unchanged. However, PartnerCash reserves the right to link any intended expansion of the Reseller's/Webmaster's promotional activity under this partner programme to acceptance of the amended GTC. At this point, reference is made to the option of ordinary termination in accordance with item 7.1.
2. Conclusion of contract and duration
2.1.
Interested parties submit their contractual offer to PartnerCash by submitting the completed online registration form in the PartnerCash system. Interested parties are bound to this for two weeks from submission of their application. Acceptance of the contract shall be made by PartnerCash in writing by letter, fax or e−mail and by submitting all access data required for using the partner programme and activating the Reseller/Webmaster account in the PartnerCash system. PartnerCash reserves the right to refuse to accept a contractual offer without statement of reason.
2.2.
Contracts are concluded for an indefinite period of time unless any explicit contrary regulation has been set out in the contract itself and can be terminated from both parties (in accordance with item 7.1.).
2.3.
Each Reseller/Webmaster is only entitled to set up one account ("main account") under the PartnerCash partner programme, which shall be used as a basis for payment of commission. However, if necessary, administrative 'sub−accounts' may be set up under a main account. A Reseller/Webmaster may use this to entitle individuals he appoints/a group of individuals he appoints to have defined access options within his main account. All activities carried out under the partner programme must be assignable to a main account.
3. Services
3.1.
PartnerCash shall provide the Reseller/Webmaster with a number of promotional materials authorised by a wide range of advertising partners plus tools for carrying out promotional activity under this partner programme. On initiation of a specific promotional activity, related individual agreements with the Reseller/Webmaster shall come into being in addition to the terms specifically established in the PartnerCash system. In respect of promotional activity being undertaken in accordance with the agreement, PartnerCash shall provide the Reseller/Webmaster with a monthly statement of commission based on the selected commission model(s) and the commission terms/criteria specifically established in the PartnerCash system, which may vary according to the promotional activity being carried out, the advertising materials selected, quality of traffic, the Reseller/Webmaster concerned and the authorising advertising partner.
Which advertising materials may be used, the available commission model(s) and the commission terms/criteria, and in which countries the Reseller/Webmaster is entitled to advertise shall be specifically and exhaustively established within the PartnerCash system. Where a promotion using advertising materials generated by the Reseller/Webmaster himself is possible and permitted based on authorisation from a specific advertising partner, any provisions relating to design, copyright, technical properties, usage options and any other limitations shall be specified in the PartnerCash system. In any case the Reseller/Webmaster shall also observe the applicable legal provisions, for example relating to copyright and personal rights. In this connection, reference is made to items 5 and 8 hereunder.
PartnerCash reserves the right to change/delete individual commission model(s) and commission terms/criteria . A modification/deletion of individual commission model(s) and commission terms/criteria will be announced by PartnerCash, subject to a period of 5 working days.
3.2.
PartnerCash shall produce statistics for every Reseller/Webmaster with regard to the effectiveness of the advertising he has carried out.
3.3.
PartnerCash shall also provide the Reseller/Webmaster with software and/or other technical capabilities (tools) to enable him to carry out various statistical analyses of his own. However, analyses carried out by the Reseller/Webmaster himself shall not at any time be used as a basis for claims for or entitlement to commission due to the Reseller/Webmaster.
4. Commission and payment
4.1.
Assessment of the amount of commission shall be made exclusively on the basis of the methods and principles set out in the terms in the PartnerCash system relating to commission.
The Reseller/Webmaster shall be personally responsible for all costs arising from his promotional activity and advertising space associated with this (e.g. operation and upkeep of websites on which he carries out his promotional activity).
If the Reseller/Webmaster interferes with the basis for assessing commission in an improper manner, for example through automated clicking on advertising banners, entry of his own or third−party data, incitement of end users to make false entries or manipulate and circumvent advertising materials, the Reseller's/Webmaster's commission for the month concerned and for the relevant advertising partner shall be forfeited in full. In this event the Reseller/Webmaster shall be obliged to pay a contractual penalty of EUR 500.
PartnerCash reserves the right to exclude the Reseller/Webmaster from participating in the partner programme. This shall specifically apply to cases of breaches of contract or if child pornography, bestiality/sodomy (pornography with animals), depictions of violence, discriminating statements or depictions regarding race, gender, religion, nationality, sexual orientation or disability appear on a site belonging to the Reseller/Webmaster and/or hyperlinks have been created to other sites with such content. PartnerCash also reserves the right to exclude the Reseller/Webmaster of participation in the PartnerCash system due to prolonged inactivity .
Furthermore the Reseller/Webmaster shall also be prohibited from using automatically generated leads, multiple applications, co−registrations, microworkers, paid leads, bots, etc. to generate turnover (such as in the "pay−per−lead" payout scheme, etc.). PartnerCash shall check the leads generated by the Reseller/Webmaster.
In the event that anything irregular is found in the account, PartnerCash additionally reserves the right to temporarily block the account for security reasons, stop further payment and/or change the way the Affiliate's commission is calculated (for example to Revshare). The account shall only be unblocked when the matter has been fully clarified.
4.2.
Notification of payment of commission to the Reseller/Webmaster shall be made on the 20th of each calendar month following the month being invoiced. If the 20th falls on a Saturday or a Sunday or on a public holiday in Austria, notification of the payment shall be made on the next working day.
Any change of the payment type and/or payment dates between the 14th and 20th of each month carried out by the reseller (Reseller/Webmaster) shall not become effective before the 21st of the month for the next payment period and shall therefore not be taken into account before the next payment.
4.3.
A pre−requisite for payment is that the commission calculated − cumulatively for all promotional activity carried out in accordance with this agreement − reaches the payment threshold relating to the Reseller/Webmaster, as defined in the PartnerCash system. The level of the payment threshold is essentially dependent on the payment type selected (bank transfer, cheque) and the country in which the Reseller/Webmaster is based (and ranges from EUR 50 to EUR 150). However, the Reseller/Webmaster shall also have the option of setting his own different, higher payment threshold in the PartnerCash system. If the payment threshold is not reached one month, the monthly commissions shall be accumulated until the payment threshold is reached (to a maximum period of 3 years). Only then will payment be made to the Reseller/Webmaster.
Bank fees and charges accrued through making the payment shall be borne by the Reseller/Webmaster and shall be deducted by PartnerCash in advance on payment of the commission. This deduction shall not affect the level of the payment threshold.
4.4.
If the Reseller's/Webmaster's calculated commissions do not reach the payment threshold within a period of three years any commission claims expire without exception in this case and his account will be terminated.
4.5.
Interest on the commission(s) shall not be payable at any stage.
4.6.
The Reseller/Webmaster is only entitled to claim interest on arrears to the statutory amount if default in payment of the calculated commissions is the fault of PartnerCash. Any claims for damages by the Reseller/Webmaster exceeding this amount in this case shall be fixed at a flat rate of EUR 100.00 if and when the Reseller/Webmaster proves the occurrence and causality of damage exceeding this amount on the part of PartnerCash.
4.7.
Any and all commissions in cash or in kind that have not been cashed/paid out (for example, due to non−achievement of the payment limit) shall expire after 3 years.
4.8.
If the according to item  1.2. requested evidence for the commercial activities of the Reseller/Webmaster are not provided and not even submitted within the stipulated deadline of PartnerCash (at least 5 business days), the account will be locked for all payments and forfeited any rights for payment latest 1 month after the end of the stipulated deadline.
5. Duties of the Reseller/Webmaster
5.1. Disclosure and updating of data
The Reseller/Webmaster shall submit all data relating to his person truthfully and in full and shall immediately inform PartnerCash, in writing or directly via the PartnerCash system, of any changes to his name, company name, legal form of the company (limited liability company, public limited company, etc.), or power to represent, and of any and all changes to his address/contact data, loss of legal capacity or business licence, or application for insolvency proceedings over his assets, of changes to his sales tax liability and of changes to his bank data stored in the PartnerCash system for settlement of commission.
In particular, Reseller/Webmasters who are liable to pay sales tax are obliged to inform PartnerCash of their VAT identification (VAT ID) number (during registration).
5.2. Delivery of notifications to the Reseller/Webmaster
PartnerCash is entitled to transmit legally significant notifications (e.g. termination, billing/credits, etc.) to the Reseller/Webmaster via e−mail. Such declarations transmitted to the Reseller/Webmaster via e−mail shall be considered as received as soon as they have reached the Reseller's/Webmaster's e−mail server and the Reseller/Webmaster can access them in the normal manner. If the Reseller/Webmaster fails to inform PartnerCash of a change to or deletion of the e−mail address he has logged on the PartnerCash system and, as a result, notifications sent by PartnerCash to the e−mail address it was last made aware of do not reach him, these notifications shall still be deemed as delivered.
If contact by PartnerCash with in the account by the Reseller/Webmaster deposited  contact details (e−mail, fax, telephone or mail), to clarify outstanding issues, is not possible due to apparently incorrect specified data/non−updated data, then PartnerCash reserves the right for an immediate and final deactivation of the account. Any pending commissions expire without compensation.
5.3. Non−disclosure of access data
The Reseller/Webmaster shall not disclose the PartnerCash system access data provided to him and, as regards his circle, shall ensure that the said data is not made accessible to third parties. The Reseller/Webmaster shall be liable for any and all transactions carried out using the said data if he forwards this to third parties or through his fault enables third parties to become aware of this, e.g. by careless storage of this data (without taking precautions against unauthorised access).
The Reseller/Webmaster shall immediately inform PartnerCash of circumstances he is made aware of that give reason to assume that unauthorised third parties have access to the PartnerCash system, e.g. loss, theft or unpermitted use of access data by third parties.
Provision, tolerance and use of unauthorised access to the PartnerCash system and circumvention of security blocks shall represent a breach of contract and may entail consequences under criminal and civil law.
5.4. Advertising and materials used for this purpose
By participating in PartnerCash, the Reseller/Webmaster is obliged to strictly observe the relevant legal provisions applicable in creating and operating his websites and in the promotional activity he carries out, to refrain from use of any illegal or offensive content and not to violate the rights of third parties, these GTC or 'common decency' in any way.
Any and all obligations cited here shall also specifically concern the Reseller/Webmaster in terms of the creation, visual design and operation of websites used by him (regardless of whether he is clearly the website owner himself or is operating websites for his own contracted partner for this purpose).
In particular, the Reseller/Webmaster is obliged not to infringe on any third−party copyrights and/or work protection rights or personal rights or to carry out any advertising activity forbidden under law. Furthermore the Reseller/Webmaster shall observe the restrictions set out in the PartnerCash system by the authorising advertising partner (see item 3.1).
If the Reseller/Webmaster violate this PartnerCash reserves the right to an immediate block of the account.  If no clarification is done   by the Reseller/Webmasters, PartnerCash reserves the right to  permanent deactivate the account. Any commission claims expire without exception in this case.
5.5 Forbidden advertising
Direct marketing of the offers and sending/execution of unsolicited and dishonest advertising via telephone, e−mail, fax, SMS, MMS or any other method by the Reseller/Webmaster shall be strictly forbidden. The Reseller/Webmaster is specifically obliged to observe all legal provisions and voluntary and customary restrictions and regulations, both in the advertising recipient's country and in the sender's country (e.g. double−opt−in, consent to the delivery or forwarding of promotional e−mail).  The authorising advertising partner and PartnerCash shall be entitled to provide for further restrictions that the Reseller/Webmaster must also observe.
In particular, the Reseller/Webmaster shall be forbidden to carry out advertising in which the identity of the sender or the actual sender address is deliberately falsified or hidden, or to send messages to recipients that have not given their express consent to receive messages, and to send messages in which the option for the recipient to unsubscribe from the same is absent or only possible with difficulty.
5.6 Consent to forward data on suspicion of forbidden advertising
If PartnerCash should have gained knowledge of the sending and/or execution of forbidden advertising, the Reseller/Webmaster shall permit PartnerCash − without any further enquiry − to disclose all personal data of which PartnerCash is aware (excluding that concerning the Reseller/Webmaster himself) to the investigative authorities and to anyone who is alleged to be a recipient of forbidden advertising.
5.7 Consequences of forbidden advertising
In any and all cases of forbidden advertising, all commission claims from the Reseller/Webmaster against PartnerCash arising from the forbidden advertising shall be forfeited.
PartnerCash also reserves the right to take legal steps against the Reseller/Webmaster concerned, to block the Reseller's/Webmaster's account in the PartnerCash system and to declare extraordinary termination of the contract.
The Reseller/Webmaster is also obliged to pay PartnerCash a contractual penalty of EUR 1000.00 for each instance of forbidden advertising carried out in such a case (e.g. for each individual forbidden promotional e−mail).
PartnerCash reserves the right to demand compensation for any additional damages.
Reference is made to item 5.9.
5.8. Suspicion of forbidden advertising and confutation by the Reseller/Webmaster
Item 5.7 para. 2 shall apply mutatis mutandis. Up to the point of final clarification of the facts, or in regulatory procedures until enforcement of the legal entry into force of the relevant decision, payment of commission claimed by the Reseller/Webmaster from PartnerCash that is allegedly based on forbidden advertising shall be suspended by PartnerCash.
The Reseller/Webmaster is only able to remove suspicion of distributing forbidden advertising by submitting proof from which it is evident that the Reseller/Webmaster has not carried out any forbidden advertising, or by filing a declaration under oath that no third−party individuals or companies have carried out forbidden advertising on the Reseller's/Webmaster's instruction. On demand the Reseller/Webmaster shall provide PartnerCash with copies of the documentation within a period of three working days and, if necessary, shall subsequently submit the originals within a period of seven working days.
PartnerCash shall inform the Reseller/Webmaster of the suspicion of carrying out forbidden advertising and request him to submit the evidence. Reference is made to item 5.9 para. 3.
5.9. Obligation to indemnify and hold harmless
The Reseller/Webmaster is obliged to indemnify and hold PartnerCash and the advertising partner concerned harmless in respect of any claims made by third parties based on forbidden promotional activity attributable to the Reseller/Webmaster. This shall apply mutatis mutandis to all other instances in which the Reseller/Webmaster causes an infringement of legal provisions, the rights of third parties, these General Terms and Conditions or 'common decency' and in which PartnerCash or the advertising partner concerned are involved, regardless of whether the unpermitted promotional activity is carried out by the Reseller/Webmaster himself or by third parties on his instruction.
The Reseller/Webmaster shall be solely responsible for adherence to all legal obligations and obligations in these GTC relating to advertising carried out by him (or by a third party on his instruction) and the burden of proof of adherence to these in respect of PartnerCash and the advertising partner shall be on him.
In the event that any third party makes a claim against PartnerCash or the advertising partner under civil or criminal law based on promotional activity carried out by the Reseller/Webmaster himself (or by third parties on his instruction), the Reseller/Webmaster is obliged to submit original copies of all documentation and evidence required for the legal defence within a period of seven working days from the day they are requested by PartnerCash or the advertising partner.
5.10. Proscription of malware
No viruses, Trojan horses, worms, time bombs, cancelbots or other data, programme routines or content that might cause damage to software or hardware belonging to PartnerCash, its customers or third parties are permitted to be transferred or distributed on or via the 'PartnerCash.de' websites, in any advertising formats used and on websites that advertise 'PartnerCash.de' offers.
5.11. Use of copyrighted works from the partner programme
Reference is made to item 8. Any and all of the Reseller's/Webmaster's utilisation rights for advertising materials authorised by the advertising partner and provided in the PartnerCash system shall expire on ordinary or extraordinary termination. The Reseller/Webmaster is obliged to take all technical, organisational and personnel precautions to ensure that, from this time onwards, no advertising materials of any kind are used in any way by the Reseller/Webmaster or by third parties operating on his instruction and that all advertising materials are completely and irretrievably deleted from the systems used. The same shall apply to tools provided to the Reseller/Webmaster within the PartnerCash system.
6. Confidentiality and non−disclosure agreement
6.1.
In the sense of these GTC, "confidential data and information" shall comprise − with the exception of the data and information referred to in item 6.4 − all data and information belonging to either party hereto that is entrusted to or is otherwise made accessible by the other party in the course of the business relationship. This is regardless of whether or not the data/information is subject to the 2000 Data Protection Act (DSG) as personal data or is protected as a "business or commercial secret" in the sense of the Austrian Criminal Code (StGB); furthermore this is regardless of whether the data/information being entrusted or made accessible is or shall be entrusted/made accessible or stored in written, verbal or electronic format; and finally this is regardless of its designation and content, in so far as justified interest in maintaining confidentiality can be assumed in any case of doubt.
6.2.
Therefore "confidential data and information" shall cover − with the exception of the data and information listed in item 6.4  − for example all customer data, system data, contract drafts, expertise, analyses, calculations, internal company data, marketing strategies, business ideas, etc.
6.3.
"Confidential data and information" shall also extend to all data and information that does not directly involve PartnerCash "confidential data and information" or the Reseller's/Webmaster's account, but that covers data and information from PartnerCash partner programme advertising partners.
6.4.
Exceptions to the obligation to observe confidentiality are data and information that demonstrably:
are accessible to the public in a way that is not in breach of these GTC, such as in the form of the PartnerCash website.
must be made accessible or are allowed to be made accessible to authorities or courts because of legal provisions.
have been expressly approved in writing for release by the party disclosing the data/information.
are advertising materials, in so far as they are used for the purposes of the PartnerCash partner programme under observance of the obligations contained in these GTC.
6.5.
The Publisher is obliged not to disclose any confidential data and information and not to use it for any purpose of any sort other than for promotional activity in accordance with this Agreement in the context of this partner programme.
 6.6.
Furthermore, the Reseller/Webmaster is entitled to forward all confidential data and information within the meaning of items 6.1 to 6.3 to such individuals (e.g. members of the executive board, employees, consultants and agents) as are subject to a obligation to observe confidentiality corresponding to that in section 6 − including beyond the duration of their actual contractual relationship with the Reseller/Webmaster.
6.7.
The Reseller/Webmaster shall protect data and information that is confidential in the sense of that of the other party with the greatest possible care and shall keep it safe and handle it in such a way that unauthorised usage, distribution or publishing of the confidential data and information shall be reliably prevented.
6.8.
Where a violation of this confidentiality agreement should concern confidential data and information belonging to a company associated with PartnerCash under company/corporate law, this shall involve a "legitimate contract in favour of third parties" under the confidentiality agreement at hand, such that each company affected by violation of a contractual agreement involving its non−disclosure interests is entitled to claim damages and take legal action on its own behalf and directly − including in respect of the contractual penalty (see item 13).
 6.10.
Any objects and other physical information including data carriers in the sense of the confidentiality agreement that is or are handed over by the disclosing party (who discloses the data and information concerned) to the receiving party shall remain the property of the disclosing party. On written demand by the disclosing party, at its discretion and at any time, these are to be either returned or demonstrably destroyed by the receiving party at its expense. They are to be returned or demonstrably destroyed within seven days of receipt of the demand.
6.11.
All rights to the confidential data and information shall remain with the disclosing party and the party receiving the information or data shall not acquire any utilisation rights or licences thereto.
 6.12.
This confidentiality agreement shall remain in force for a period of three years following termination of the joint business activity, regardless of how or why the joint business activity is terminated. This confidentiality agreement shall terminate on expiry of this period, without any cancellation or other declaration of intent being required. Naturally the obligation to observe data secrecy in accordance with section 15 of the 2000 Data Protection Act will not be affected by this.
7. Termination
7.1.
Ordinary termination is possible for either party hereto in writing at any time and without statement of reason (within the meaning of section 886 of the Austrian General Civil Code or ABGB) on the last day of every month observing a period of notice of seven working days. The termination can either be submitted:
by post to        PartnerCash GmbH, Stockern 47, A−3744 Stockern
by fax to         0043 2983 299 40 0 9
or by e−mailto support@PartnerCash.de.
All commission claims due at the time of termination will be finally settled and balanced accordingly . By terminating the contract all future commission claims of the Reseller/Webmasters invalidates final.
7.2.
The right of the two parties to this Agreement to immediate extraordinary termination for material breach of contract ("termination without notice") shall not be affected. Reasons that entitle PartnerCash to immediately block the Reseller's/Webmaster's account and terminate without giving notice are specifically:
false or unlawful disclosure by the Reseller/Webmaster in concluding the contract or in the course of the contractual relationship
misuse of the services provided (e.g. attempting to lure away other members/network participants)
forwarding access data to third parties
creating unlawful content in the advertising undertaken by the Reseller/Webmaster himself or by third parties acting on his instruction
interference with or damage to the functioning of the PartnerCash system, including in part
single or repeated serious violation of the General Terms and Conditions at hand despite warning, such that retention of the contract is unacceptable for the provider (e.g. distribution of viruses, unpermitted influencing of the basis for accounting, etc.).
8. Copyright and work protection rights
8.1.
Any and all advertising materials authorised by advertising partners in the PartnerCash system are protected under copyright and work protection law. Use is exclusively permitted for the purposes of promotional activity in the context and within the meaning of this partner programme. Alternative and/or additional use, licensing or other utilisations are excluded in principle.
8.2.
Editing and/or amending the advertising materials shall be exclusively permitted for the purposes of promotional activity in the context and within the meaning of the partner programme. The Reseller/Webmaster shall comprehensively document such editing and/or amendment of the advertising materials for the benefit of the advertising partner and PartnerCash and shall give notice of this by e−mail or fax at least 24 hours before it is implemented. Where the advertising partner, or PartnerCash on the instruction of the advertising partner, does not object to its implementation within a period of 24 hours, the Reseller/Webmaster is granted the right, which may be withdrawn at any time, to use the amended and/or edited advertising materials as indicated for advertising purposes.
8.3.
If it is not possible for the advertising partner, or PartnerCash on the instruction of the advertising partner, for any reason whatsoever to carry out an adequate check of the indicated amendments and/or editing within a period of 24 hours in order to subsequently express approval or disapproval of use of the materials by the Reseller/Webmaster, the advertising partner, or PartnerCash upon order of the advertising partner, shall inform the Reseller/Webmaster of this circumstance and the term shall be automatically extended to a period of three working days.
8.4.
The software and/or other technical capabilities provided to the Reseller/Webmaster by PartnerCash to enable him to carry out various statistical analyses himself (see item 3.5) are also subject to protection under copyright and work protection law. Its use is exclusively permitted in the context of the partner programme. Alternative and/or additional use, licensing, amending, forwarding, rendering publicly accessible, editing or any other utilisation is excluded in principle.
8.5.
Any abusive application of authorised advertising materials, software and/or other technical capabilities provided to the Reseller/Webmaster to enable him to carry out various statistical analyses himself, shall automatically entail consequences under civil and criminal law on the part of the advertising partner and/or PartnerCash.
9. Availability
9.1.
PartnerCash GmbH provides its service with the highest possible reliability and availability. However, any systems maintenance and any update to the PartnerCash system websites may lead to limited availability or even temporary non−availability of the partner programme at such times; nevertheless, current updates to the security systems and installation of new options by PartnerCash are directly in the interests of the Reseller/Webmasters themselves.
9.2.
100% availability of the PartnerCash system without temporal or geographical limitation is therefore impossible and hence is not agreed between the parties hereto. Instead the parties hereto agree as contractual content an average minimum availability of the PartnerCash system of 90% as an annual average.
9.3.
The availability of promotable offers is a matter for the relevant providers of the offers.
10. Liability and warranty
10.1.
The Reseller/Webmaster is aware and approves of the fact that the offers (products, services and websites belonging to advertising partners that can be promoted by the Reseller/Webmaster in the context of the partner programme) mainly involve erotic content. PartnerCash accepts no responsibility for either any dissatisfaction with the offers or individual content of the advertising partners or for the Reseller/Webmaster actually being allowed to run advertising for an advertising partner.
10.2.
PartnerCash accepts no liability for damages (caused by the company or by individuals whom it vouches for − such as its vicarious agents), in so far as this does not involve damages to the person or damages caused intentionally or by gross negligence.
11. Assignment of the Agreement
The Reseller/Webmaster is only entitled to assign his account and individual rights under it to a third party if PartnerCash has agreed to this in writing. This consent may be refused by PartnerCash without statement of reasons. If PartnerCash consents to the assignment of the Agreement, all rights and obligations shall then pass to this third party. Regardless of this, the Reseller/Webmaster shall remain responsible for any and all obligations to PartnerCash occurring in the period prior to the assignment. The same also applies to the Reseller's/Webmaster's duty to indemnify and hold harmless under item 5.9 for promotional activities carried out prior to the assignment.
12. Privacy protection statement
12.1.
PartnerCash determines and processes data that is "transferred by the Reseller/Webmaster", "gathered automatically" and brought to the attention of PartnerCash by third parties. Furthermore PartnerCash determines and processes all correspondence carried out with the Reseller/Webmaster. The Reseller/Webmaster declares his consent, which may be revoked at any time, to the determining and processing of this data.
12.1.2.
Data "transferred by the Reseller/Webmaster" is: Surname and first name, academic degree, date of birth, company name, authorised representative, VAT number where applicable, residential or business address, contact information for communications, user name, password, e−mail address, telephone number, fax number, bank details
12.1.3.
Data "gathered automatically" is:
a) Commissions, the Internet Protocol (IP) address used to connect the Reseller's/Webmaster's computer to the Internet (when connecting to PartnerCash)
b) Receipt and read confirmations for e−mails, logins, browser type, version and number, operating system and platform, order history for the individual Reseller/Webmaster, which PartnerCash combines with the order histories of other Reseller/Webmasters and models in tools such as Topseller, for example, in a format that precludes identification of individuals, plus the complete Uniform Resource Locator (URL) clickstream to, through and out of the PartnerCash and "PartnerCash.de" website (i.e. the sequence of pages in the Internet offering that the Reseller/Webmaster views, including date and time, cookie or Flash cookie number, products that the Reseller/Webmaster has looked at or searched for). During the Reseller's/Webmaster's visit to the PartnerCash system, PartnerCash also uses JavaScript to collate and assess data, including build time for a web page, download errors relating to it, length of stay on a detail page, data on the interaction between pages (e.g. scrolling, clicking, mouse−overs) and on exiting the page.
12.2.
PartnerCash can refrain from identifying and processing the data listed under item 12.1.3.b for technical and commercial reasons at any time.
12.3.
"Master data" is all personal data that is required for setting up, processing, amending or terminating the legal relationship between the Reseller/Webmaster and PartnerCash.
This is:
Surname and first name, academic degree, company name, authorised representative, residential or business address, contact information for communications, information on the type and content of the contractual relationship and bank details.
12.4.
All data determined and processed is used for:
a)    performing contractually agreed services including accounting for commission
b)    servicing, analysis, ongoing development, planning and improvement of offers and services
c)    promoting and informing the Reseller/Webmaster of PartnerCash products and submission of offers by PartnerCash via telephone, fax, SMS, MMS, e−mail and other electronic media.
d)    information based on legal requirements or in accordance with these GTC.
12.5.
The Reseller/Webmaster grants his consent, which may be revoked at any time, to be contacted by telephone, fax, SMS, MMS, e−mail and other electronic media for the purposes of providing services and presenting offers.
12.6.
All data required for calculating the Reseller's/Webmaster's commission is deleted in accordance with the relevant provisions under data protection and fiscal law (in principle seven years after the processing of all claims arising from the relevant calendar year). In the event that a judicial or other dispute arises concerning the status or correct fulfilment of claims arising from the contractual relationship between the Reseller/Webmaster and PartnerCash, the data shall only be deleted once the dispute has been settled. On the other hand, the Reseller's/Webmaster's master data will in principle only be deleted on demand by the Reseller/Webmaster.
12.7.
The Reseller/Webmaster is entitled to the legal claims of disclosure, correction and deletion of data that has been determined and processed. PartnerCash shall take every commercially reasonable measure that is possible according to the current state of technology to protect data stored by it (e.g. SSL−encrypted login mask). However, PartnerCash accepts no liability if third parties unlawfully gain possession of such data and use it for other purposes.
12.8.
For security reasons, PartnerCash will only provide passwords for the PartnerCash system to the e−mail address entered on concluding the contract (or subsequently updated in accordance with the contract) and, furthermore, on express request from the Reseller/Webmaster, following correct entry of his customer number and name, or after the Reseller/Webmaster has proven his identity in any other way.
13. Contractual penalty
Unless any contrary regulation has been made in these GTC, the Reseller/Webmaster shall pay a contractual penalty of EUR 500.00 for each separate violation of a provision in these PartnerCash GTC, due for payment immediately on written demand from PartnerCash. Here PartnerCash shall demonstrate the circumstances under which violation of the GTC has occurred on the part of the Reseller/Webmaster (or of an attributable person if applicable). This shall not exclude the assertion of any additional claim for damages on the part of PartnerCash.
14. Choice of law and jurisdiction
14.1.
The contractual relationships between the parties hereto and any disputes arising therefrom shall exclusively be governed by Austrian law to the exclusion of the UN purchasing law (United Nations Convention on International Sales of Goods) and of the referral rules in so far as they refer to another legal system.
14.2
Any disputes arising in connection with this Agreement shall be subject to the exclusive competence of the Austrian court with substantive and geographical jurisdiction at the seat of PartnerCash.