Conditions of participation

1. These Terms and Conditions of Participation apply to Affiliate Programs of OM Digital Solutions GmbH, Willy-Brandt-Strasse 23, 20457 Hamburg, Germany (hereafter OM SYSTEM)

2. The Publisher must be confirmed by OM SYSTEM to participate in the OM SYSTEM Affiliate Program ("Confirmed Publisher"). By confirming participation in the OM SYSTEM Affiliate Program, the Publisher agrees to these Terms and Conditions. OM SYSTEM may change these terms and conditions or discontinue the OM SYSTEM Affiliate Program at any time.

3. The partner websites may not contain or describe content of the following type and may not be associated with such content:

• Account names and domain names in online services (e.g. Facebook, Twitter, Google) and domain names (URL) that contain the term OM SYSTEM in any form (this also includes incorrect spellings) and that are used for advertising purposes
• Websites that design a page or pages within websites in such a way that there is a risk of confusion with the OM SYSTEM website;
• Websites that are "under construction" or not accessible or have above-average loading times;
• Click-through or forced click-through websites; automated and misleading redirects to the OM SYSTEM website are not permitted;
• Sites that contain dialers or spyware or install them on the Internet user are prohibited, as are paid link collections.
• Cookie dropping, iFrames, advertising in layers and pop-ups: The generation of cookies is only permitted if an official and clearly marked OM SYSTEM advertising medium is used, the OM SYSTEM advertising medium is visible to the user, and the generation of the cookie is preceded by a voluntary and conscious click by the user. The duration of the tracking cookie is 30 days;
• Websites that violate criminal law, in particular §§ 184 ff StGB (distribution of pornographic writings), §§ 86 ff StGB (distribution of propaganda material of unconstitutional organisations), § 111 StGB (public incitement to commit criminal offences), § 126 StGB (threat of criminal offences), § 130 StGB (incitement of the people), § 130a (incitement to commit criminal offences) or § 131 StGB (depiction of violence) are prohibited;
• Websites that link to pornographic or violent content despite explicit acceptance of our application filter;
• as well as content that violates morality and applicable laws or the rights of third parties;
• Websites that operate online lotteries with and without wagering money on their site (e.g. casinos, online games, etc.);
•  comparative advertising, in particular aggressive comparative advertising that may create problems with other advertisers, and aggressive competing claims that are not substantiated;
• marketing and advertising via adware and adware networks, browser plug-ins, toolbars is prohibited
• Auction platforms are excluded, advertising of the OM SYSTEM offer via a promotion platform is not permitted;
• The setting up of so-called click farms, click spamming or DDos attractions is expressly prohibited.
• The advertising of the OM SYSTEM programme in banner networks is not permitted.
• Advertising via iFrame, pop-ups, pop-unders or layering with the OM SYSTEM landing page.

4. Trademarks of OM SYSTEM may not be used as a reference nor may the contractual relationship with OM SYSTEM be advertised in any other way without the prior written consent of OM SYSTEM.

5. Advertising the brand via spam e-mails is expressly not permitted. In the event of newsletters or other promotional e-mails being sent, the recipient must have given prior consent to receive such e-mails by means of "double opt-in". Under no circumstances may the impression be created that OM SYSTEM has initiated the sending. In addition, the sending publisher must be clearly recognisable as the responsible sender of the newsletter or promotional e-mail and must be identifiable via the imprint. Sending is only permitted with the express permission of OM SYSTEM.

6. Advertising of the brands in or via layer and banner networks, as well as in or via clip lottery, paid mail, paid banner and paid click programmes is not permitted. Furthermore, within the framework of the OM SYSTEM Affiliate Programme, post-view activities are only permitted in exceptional cases and with the prior consent of OM SYSTEM.

7. Only the net revenue generated by OM SYSTEM from valid sales of OM SYSTEM products to customers who have selected the OM SYSTEM website via a link on the partner website immediately prior to the purchase (last cookie wins) will be taken into account for the calculation of the advertising fee. Such sales will be taken into account for the calculation of the Partner Promotional Fee, provided that the sale, delivery and full payment of the goods have been completed, less sales tax, shipping costs, cancellations and returns or credits. OM SYSTEM reserves the right to reject orders that do not comply with OM SYSTEM guidelines (e.g. lack of creditworthiness, suspicion of fraud) and to exclude them from the commission. OM SYSTEM also reserves the right to cancel, and thus not to remunerate, orders placed through the use of voucher codes that were not intended for publishers. Changes to the currently applicable commission agreements will be communicated to the Partner in writing via the networks in good time.

8. OM SYSTEM reserves the right to exclude a confirmed Publisher from participation in the OM SYSTEM Affiliate Program and/or to withhold commissions for legitimate reasons at any time.

9. The use of the trademarks by third parties is not permitted. The respective trademark owner reserves the sole right to bid on the trademark. The Affiliate is not permitted to bid in search engine marketing programs on keywords with trademarks (such as "OM SYSTEM camera") or keyword combinations with trademarks as well as on any misspellings - including in other languages.

10. The use of trademarks, either in or as part of a domain/sub-domain of an affiliate website, as well as the positioning within an advertising text or as a display URL is strictly prohibited. Any infringement will be legally prosecuted.

11. Furthermore, the Affiliate dissociates itself to the best of its knowledge and belief from the use of further keywords and keyword combinations, insofar as these are directly related to the brands.

12. The Publisher's website must not contain spyware, adware, malware, viruses or other harmful codes. The use of any software or proxy services that manipulate URLs and replace them with affiliate tracking links is prohibited. Any software or proxy services that replace advertising banners within pages accessed in the browser with their own advertising banners are also not permitted.

13. It is not permitted to place tracking links in such a way that they redirect directly to the OM SYSTEM website or online shop in the event of misspellings (e.g., but not conclusive, such as www.explore.omsystem.com).There must be an actual advertising performance through the visible placement of the provided advertising material on the Publisher Website.

14. Any kind of cookie dropping and typosquatting is strictly prohibited.

15. In order to be able to guarantee clean tracking and reporting, the Publisher undertakes to use the links, including the target URL, exclusively in the form in which they are made available to him within the framework of the OM SYSTEM Affiliate Program. The Publisher also undertakes not to disguise the referrer or modify it through the use of special programs.

16. The publisher guarantees complete transparency with regard to the integration of the brands. He undertakes to disclose all pages used to promote the brands. If this is not the case, OM SYSTEM reserves the right to exclude the Publisher from the Affiliate Programme.

17. In the event that Publisher's participation in the OM SYSTEM Affiliate Program is terminated for any reason, Publisher agrees to immediately remove all links to the OM SYSTEM website and/or online shop and shall refrain from further using, displaying or otherwise engaging in any content of OM SYSTEM. The Publisher must irrevocably delete all content in its sphere.

18. The Publisher shall indemnify OM SYSTEM against all claims by third parties (e.g. from warnings, claims for damages, liability claims) as well as any associated costs, including court and legal costs, which are brought about by causal conduct on the part of the Publisher or which arise from a breach of these Terms and Conditions of Participation. This applies in particular to infringements of copyright, trademark, design, competition, telemedia and data protection rights or other rights of third parties.

19. OM SYSTEM shall not be liable for any disruptions in the availability or for any failures of the OM SYSTEM website or the Online Shop.

20. The contracting parties are obliged to maintain secrecy about the content of the agreement and the data, business and trade secrets of the respective other party and its affiliated companies and not to use such confidential information either directly or indirectly for their own or third party economic purposes. The obligation shall apply beyond the end of the agreement for a period of a further 12 months.

21. In the event of violations of these terms and conditions of participation and infringement, the registered affiliate partner shall forfeit its entitlement to commission. OM SYSTEM also reserves the right to immediately exclude the affiliate partner from the OM SYSTEM partner program and to take further legal steps, including, if necessary, the assertion of claims for damages by OM SYSTEM and, in individual cases, the initiation of criminal investigation proceedings. In addition, the partner is liable for claims of the injured third party and releases OM SYSTEM from any liability.

22. The partner program operator reserves the right to change these conditions of participation at any time and without stating reasons. In this case, the Partner shall notify the Partner by email two weeks prior to the amendment of the conditions of participation and give the Partner the opportunity to view the amended version. The partner is then entitled to object to the changes. If the Partner does not object to the validity of the new Terms and Conditions of Participation within two weeks after receipt of the e-mail, the amended Terms and Conditions of Participation shall be deemed accepted.

23. If any provision of these Terms and Conditions of Participation is invalid, the remaining provisions shall remain unaffected. The invalid provision shall be deemed to be replaced by a provision that comes as close as possible in economic terms to the meaning and purpose of the invalid provision in a legally effective manner. The same shall apply to any loopholes. Hamburg is agreed as the place of jurisdiction - insofar as this is legally permissible.

Good luck with the OM SYSTEM partner program. We are looking forward to a good cooperation!