General Terms and Conditions Partner Program

General terms and conditions partner program

1) Scope of application

(1) The general terms and conditions agreed upon below apply to all business activities that natural or legal persons (hereinafter: Affiliate) perform in the course of participation in the Bloooming Life Partner Program. The participation as an Affiliate in the Bloooming Life Partner Program is exclusively based on these General Terms and Conditions (GTC).

(2) The Affiliate's own terms and conditions are hereby contradicted.

2) Participation in the partner program

(1) Prerequisite for participation is a one-time purchase in the online store blooominglife.com or in the store of Bloooming Life GmbH, Brandlweg 2, A-6020 Innsbruck.

(2) You will be informed about the possibility to participate in the Partner Program via a letter with partner card ("Sternencard") enclosed in the package. This offer to participate is non-binding. An acceptance of the offer is exclusively at your discretion.

(3) By using or passing on the personal Affiliate link generated for you by Bloooming Life GmbH, visible on the affiliate card ("Sternencard") you participate in the affiliate program.

(4) By proactively referring prospective customers to the blooominglife.com website using the Affiliate link provided by Bloooming Life GmbH and the individual coupon code generated by Bloooming Life GmbH, you agree to participate in the Affiliate Program and accept the General Terms and Conditions (GTC Affiliate Program) without limitation.

(5) Using the PARTNER PROGRAM button in the main menu bar of the blooominglife.com website, Partner Login button, affiliates can enter their individual back-office area and enter their personal data such as e-mail address, PayPal or bank details.

3) Affiliate link, banner advertising

(1) If a customer clicks on the affiliate link, a cookie is set. This is necessary in order to properly allocate and remunerate the order to the affiliate.

(2) The cookie is programmed for a term determined by us. The duration of the cookies is unlimited (as of April 2023). However, we reserve the right to adjust the duration at any time.

(3) By using or passing on the personal affiliate link generated for you by Bloooming Life GmbH, visible on the affiliate card ("Sternencard"), you participate in the affiliate programme.

(5) Via the PARTNER PROGRAM button in the main menu bar of the blooominglife.com website, Partner Login button, Affiliates can enter their individual back office area and enter their personal data such as e-mail address, PayPal or bank details.

(5) We shall be entitled at any time to make technical changes to our webshop at any time. We will inform you about all changes relevant to the "Partner Program" by e-mail and on the website without delay.

4) Back office

(1) Each affiliate receives access to a personal back office area. The login data for the back office can be found in the letter accompanying the package shipment. The provisional password for the back office area stated in the letter can be changed by the affiliate in the back office area at any time.

5) Permitted advertising measures

(1) The following advertising measures are permitted for affiliates to promote the productsäsible:

Own website: allowed
Landingpage: allowed
Micro Sites: allowed
Newsletter-Marketing: possible on request
Domain forwarding: possible on request
Facebook advertising: possible on request
Instagram advertising: possible on request
Various social media platforms: possible on request
SEM (e.g. advertising via Google Ads): not allowed
Google Shopping: not allowed

(2) The Affiliate is not allowed to distribute Bloooming Life products products via other Affiliate networks. It is also prohibited to publish the Affiliate links on other Affiliate networks.

(3) When setting up and maintaining each advertising measure of an Affiliate, the respective legal provisions must be complied with. In particular, in accordance with the regulations of the Telemedia Act, it must be clearly recognisable that the Affiliate itself and not Bloooming Life GmbH is responsible for the respective measure. Any impression that Bloooming Life GmbH would maintain the advertising measure of an Affiliate must be prevented.

(4) We reserve the right to adapt or supplement permitted advertising measures and in particular to prohibit individual measures in whole or in part. We will inform about the changes immediately by e-mail.

(6) The advertising Affiliate agrees to advertise the product true to the information published by Bloooming Life GmbH about the product (e.g. texts). Statements of any kind that do not correspond to the facts are not permitted. The Affiliate assumes sole responsibility for its advertising measures.

(6) Prohibition of unlawful content

(1) The publication of illegal content of any kind is not permitted.

(2) In particular, websites whose content violates criminal, youth protection, data protection, copyright, personality, competition or trademark laws or other laws are not permitted.

(3) The sending of unsolicited e-mail advertising (spam), the setting of misleading links and the provision of false e-mail addresses, names or data is also prohibited.

7) Liability of the Affiliate

(1) The Affiliate has to design the advertising measures it takes in such a way that they comply with the applicable statutory or legal situation. This applies in particular to the infringement of third party rights, such as intellectual property or applicable competition law.

(2) If a claim is made against us by a third party due to a violation of legal provisions by an Affiliate, the Affiliate must, upon first written request, fully indemnify Bloooming Life GmbH in writing from all claims that may come into consideration.

8) Copyright law

(1) The information provided by us on blooominglife.com (incl. all subpages of the store and landing pages) as well as in any other way created and/or published contents can be used as inspiration for the affiliate partner. The content may be used as inspiration for your own promotional activities. A completely or partially identical use is prohibited. Modification of our advertising material is not permitted.

(2) If Bloooming Life GmbH provides advertising materials for Affiliates, these are - in unchanged form - freely available to the Affiliates.

9) Trademark law

(1) We are the rights holder of the word/image trademarks Bloooming Life and Sternenlotos.

(2) Any wholly or partially identical use and publication of our brand names and logo signets is prohibited. This also applies in particular to the use of our trademarks as a whole or partial component of a domain (e.g. blooming.life, blooominglife.nature or sternenlotos-blooominglife.com).

10) Commission payment

(1)For each successful order placed in the online store blooominglife.com via the individual Affiliate code, Affiliates will receive a commission payment of 20% of the net order total (order total excluding the currently valid VAT and less discounts and/or price reductions).

(2) An order is successful within the meaning of the aforementioned paragraph if it has not been revoked or cancelled and paid in full within legally valid time limits and within the framework of the Bloooming Life 4-Week Satisfaction Guarantee.

(3) No commissions will be paid for the Affiliate's own orders.

(4) The commission payment is made to private individuals net (without VAT).

(5) If the Affiliate is an entrepreneur, is entitled to deduct VAT as such and has a valid VAT ID number, he is obliged to inform us of this in writing immediately and to enter the corresponding details in the personal back office area independently and without delay.

(6) The Affiliate assumes full responsibility for its tax affairs in accordance with the currently valid legal basis of the country in which it is liable to pay tax. The Affiliate agrees to carry out its tax agendas to the best of its knowledge and belief in a legally correct, punctual and responsible manner. Bloooming Life GmbH explicitly accepts no responsibility and no liability whatsoever for the tax behaviour of an Affiliate.

11) Accounting and payment

(1) We invoice once a month for the brokered transactions of the previous month. The settlement period corresponds in each case to 1 month corresponding to the 12 months of the calendar year.

(2) Commissions will be paid out in bundles by the 10th of the following month to the PayPal or bank account specified by the Affiliate in the back office. Under certain circumstances, the payment of commissions may be delayed by a few days.

(3) The commission amount can be adjusted by Bloooming Life GmbH at any time. Changes will be announced by Bloooming Life GmbH in due time and at least 14 days before the change date by email to all existing Affiliates and on the website in the PARTNER PROGRAM section.

(4) We will transfer the credit resulting from the settlement to the PayPal or bank account specified by the Affiliate in the back office.

(5) The Affiliate's claim to payment of the commission from the mediated orders of a month exists for 3 months from the end of the accounting period. If an Affiliate does not provide his PayPal or bank data in writing within 3 months despite repeated written requests or does not enter the data in the back office in time, the claim to the commission for the respective accounting period expires irrevocably.

(6) It is not possible to redeem commissions in the form of goods or vouchers or to save up amounts.

12) Right of retention

We are entitled to offset commission payments due against open positions, e.g. due to cancellations.

13) Contract period, Termination

(1) The affiliate contract is concluded for a period of 12 months. It shall beäIt shall be extended by a further 12 months in each case, unless it is duly terminated in writing with a notice period of 4 weeks to the end of the respective contract.ütermination in writing. A written notice of termination via e-mail to [email protected] and the subject "Cancellation of the affiliate activity" is sufficient.

(2) In the event of a culpable violation by the Affiliate, we will inform the Affiliate in writing by e-mail and grant him the opportunity to remedy the situation within a maximum period of 14 days. In the event that this period expires fruitlessly, we are entitled to immediately block the Affiliate for the "Partner Program" of Bloooming Life GmbH and to terminate the partnership.

14) Limitation of liability

(1) We shall be liable without limitation for culpable injury to life, limb or health in accordance with the statutory provisions. This applies in particular to mandatory liability under the Product Liability Act.

(2) In all other respects, we shall only be liable for any damage incurred insofar as this is based on a breach of a material contractual obligation or on intentional or grossly negligent conduct by us, our legal representatives or vicarious agents.

(3) If an essential contractual obligation is breached due to slight negligence, our liability shall be limited to the foreseeable damage typical for the contract. An essential contractual obligation is given in the case of obligations the fulfilment of which makes the proper execution of the contract possible in the first place or on the observance of which the customer has relied and was entitled to rely.

(4) Any further liability for damages is excluded.

(15) Data protection

(1) We collect and process personal data only insofar as this is necessary for the fulfilment and processing of the affiliate business partnership and for processing your enquiries. The provision of the data is necessary for the conclusion of the contract. Failure to provide it will result in no contract being concluded. The processing is based on Art. 6 para. 1 lit. b DSGVO and is necessary for the fulfilment of a contract with you. Your data is passed on, for example, to the shipping company, payment service provider, service provider for order processing and IT service provider selected by you. In all cases, we strictly observe the legal requirements. The scope of the data transfer is limited to a minimum.

16) Place of performance and jurisdiction

(1) The place of performance for all obligations arising from this agreement is our respective place of business.

(2) The place of jurisdiction for all legal disputes arising from this program is Innsbruck, Austria. However, we are also entitled to sue the Affiliate at its place of business.

17) Applicable law

(1) The law of the Republic of Austria shall apply.

(2) The application of the UN Sales Convention is excluded.

(3) The contract language is German.

BLOOOMING LIFE GmbH

Status: April 1, 2023