General Terms and Conditions Affiliate Program
General Terms and Conditions (GTC) for the Partner Program
1) Scope
(1) The general terms and conditions agreed below apply to all business activities that natural or legal persons (hereinafter: Affiliate) undertake in the course of participating in the Bloooming Life partner program. Participation as an Affiliate in the Bloooming Life partner program takes place exclusively on the basis of these general terms and conditions (GTC).
(2) The Affiliate’s own terms and conditions are hereby contradicted.
2) Participation in the partner program
(1) Participation requires a one-time purchase in the online shop blooominglife.com or in the store of Bloooming Life GmbH, Brandlweg 2, A-6020 Innsbruck.
(2) You will be informed of the opportunity to participate in the partner program via a letter with a partner card (“Star Card”) enclosed in the package. This offer to participate is non-binding. Acceptance of the offer is entirely at your discretion.
(3) By using or sharing the personal affiliate link generated for you by Bloooming Life GmbH, visible on the partner card (“star card”), you participate in the partner program.
(4) By proactively referring interested parties to the website blooominglife.com using the affiliate link provided by Bloooming Life GmbH and the individual voucher code (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 restriction.
(5) Via the PARTNER PROGRAM button in the main menu of the blooominglife.com website, Partner Login button, Affiliates can enter their individual back office area and enter their personal data such as email 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 be able to properly assign the order to the affiliate and to pay for it.
(2) The cookie is programmed for a term set by us. The term of the cookies is unlimited (as of April 2023). However, we reserve the right to adjust the term at any time.
(3) It is the sole responsibility of the affiliate to correctly integrate the personal affiliate link and the individual voucher code into his advertising campaign(s). A subsequent allocation of commissions is not possible .
(4) Contracts concluded (purchases via the online shop) that cannot be assigned to an affiliate via a cookie will not be remunerated . This applies in particular if the customer deletes the cookie before placing the order or if the assignment cannot be made for other reasons. Subsequent assignment is excluded.
(5) We are entitled to make technical changes to our webshop at any time . We will inform you immediately of all changes relevant to the "Partner Program" by email and on the website .
4) Back office
(1) Each affiliate receives access to a personal back office area. The login details for the back office can be found in the accompanying letter to the parcel. 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 products :
- Own website: allowed
- Landing page: allowed
- Micro Sites: allowed
- Newsletter marketing: available on request
- Domain forwarding: available on request
- Facebook advertising: available on request
- Instagram advertising: available on request
- Various social media platforms: available on request
- SEM (e.g. advertising via Google Ads): not allowed
- Google Shopping: not allowed
(2) The affiliate is not permitted to promote Bloooming Life products via other affiliate networks. It is also prohibited to publish the partner links on other affiliate networks.
(3) When setting up and maintaining any advertising campaign by an affiliate, the relevant legal provisions must be observed. In particular, in accordance with the provisions of the Telemedia Act, it must be clearly evident that the affiliate itself and not Bloooming Life GmbH is responsible for the respective campaign. Any impression that Bloooming Life GmbH is maintaining an affiliate's advertising campaign 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 you of the changes immediately by email.
(6) The advertising affiliate undertakes to advertise the product in accordance with the information about the product published by Bloooming Life GmbH (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 illegal content
(1) The publication of any kind of illegal content is prohibited .
(2) In particular, websites whose content violates criminal law, child protection law, data protection law, copyright law, personal rights law, competition law, trademark law or other laws are prohibited .
(3) It is also prohibited to send unsolicited e-mail advertisements (spam), to set misleading links and to provide false e-mail addresses, names or data.
7) Affiliate Liability
(1) The Affiliate must design the advertising measures it undertakes in such a way that they comply with the applicable laws or legal situation. This applies in particular to the infringement of third-party rights, such as intellectual property rights or applicable competition law.
(2) If a third party asserts a claim against us due to a violation of legal provisions by an Affiliate, the Affiliate shall, upon first written request, fully indemnify Bloooming Life GmbH in writing from all possible claims .
8) Copyright
(1) The content we create and/or publish on blooominglife.com ( including all subpages of the shop and landing pages) and in any other way can be used as inspiration for your own advertising measures. Any completely or partially identical use is prohibited. Modification of our advertising materials is not permitted .
(2) If Bloooming Life GmbH provides advertising material for affiliates, these are freely available in an unchanged form .
9) Trademark law
(1) We are the rights holders of the word/image trademarks Bloooming Life and Sternenlotos.
(2) Any completely or partially identical use and publication of our brand names and logos is prohibited. This applies in particular to the use of our brands as a whole or partial part 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 shop blooominglife.com via the individual affiliate code within the framework of the partner program, affiliates receive a commission payment of 20% of the net order amount (order amount excluding the currently applicable VAT and less discounts and/or price reductions).
(2) An order is successful within the meaning of the above paragraph if it has not been revoked or cancelled within legally valid time limits and within the framework of the Bloooming Life 4-week satisfaction guarantee and has been paid in full .
(3) No commissions will be paid for the Affiliate’s own orders.
(4) Commission payments to private individuals are made net (excluding VAT).
(5) If the Affiliate is an entrepreneur, is entitled to deduct VAT as such and has a valid UID or VAT ID number, he is obliged to inform us of this in writing and immediately and to enter the relevant information in the personal back office area without delay.
(6) The affiliate assumes full responsibility for his tax affairs in accordance with the currently valid legal basis of the state in which he is liable to tax. The affiliate agrees to handle his tax affairs to the best of his knowledge and belief, legally correctly, punctually and independently. Bloooming Life GmbH expressly assumes no responsibility or liability for the tax conduct of an affiliate.
11) Billing and payment
(1) We invoice once a month for the transactions brokered in the previous month. The billing period corresponds to 1 month of the 12 months of the calendar year.
(2) The commissions are paid out in bulk 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 a timely manner 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 billing to the PayPal or bank account specified by the affiliate in the back office.
(5) The affiliate is entitled to payment of the commission from the orders placed in a month for 3 months from the end of the billing period. If an affiliate does not provide his PayPal or bank details in writing within 3 months despite repeated written requests or does not enter the data in the back office in time, the right to the commission for the respective billing period expires irrevocably.
(6) There is no possibility to redeem commissions in the form of goods or vouchers or to save amounts.
12) Right of retention
We are entitled to offset due commission payments against open positions, e.g. due to cancellations.
13) Contract duration , termination
(1) The affiliate contract is concluded for a period of 12 months. It is extended for a further 12 months unless it is terminated in writing with a notice period of 4 weeks before the end of the respective contract . A written termination via email to logistik@blooominglife.com with the subject "Termination of affiliate activity" is sufficient.
(2) In the event of a culpable violation by the Affiliate, we will inform the Affiliate in writing by email and give them the opportunity to remedy the situation within a maximum period of 14 days. If this period expires without result, we are entitled to immediately block the Affiliate from the "Partner Program" of Bloooming Life GmbH and to terminate the partnership .
14) Limitation of Liability
(1) We are liable without limitation for culpable injury to life, body or health in accordance with the statutory provisions. This applies in particular to mandatory liability under the Product Liability Act.
(2) Otherwise, we shall only be liable for any damages arising if these are based on a breach of an essential contractual obligation or on intentional or grossly negligent conduct by us, our legal representatives or vicarious agents .
(3) If a material contractual obligation is breached through slight negligence , our liability is limited to the foreseeable damage typical for the contract. A material contractual obligation exists for obligations whose fulfilment makes the proper execution of the contract possible in the first place or on whose compliance the customer has relied and was entitled to rely.
(4) Any further liability for damages is excluded.
(15) Data protection
(1) We only collect and process personal data to the extent that this is necessary to fulfil and process the affiliate business partnership and to process your inquiries. The provision of the data is necessary for the conclusion of the contract. Failure to provide the data means that no contract can be concluded. The processing is carried out on the basis of Art. 6 Paragraph 1 Letter b of GDPR and is necessary for the fulfilment of a contract with you. Your data is passed on, for example, to the shipping companies, payment service providers, service providers for order processing and IT service providers you have chosen. 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 his place of business .
17) Applicable law
(1) The law of the Republic of Austria shall apply.
(2) The application of the UN Convention on Contracts for the International Sale of Goods is excluded.
(3) The contract language is German.
Terms and Conditions Partner Program
BLOOOMING LIFE GmbH
As of April 1, 2023