Preamble

The following General Terms and Conditions (hereinafter the “Terms”) govern the contractual relationship between aneessance.comutschland GmbH (hereinafter “Atletica”) and persons participating in the Atletica Affiliate Program (hereinafter the “Affiliate”). The Affiliate Program serves to promote Atletica’s products and brands through the Affiliate’s digital channels in return for performance-based remuneration.

By registering for the Affiliate Program, the Affiliate expressly accepts these Terms as binding. Any deviating terms and conditions of the Affiliate shall not apply.

§ 1 Scope and Contracting Parties

(1) These Terms apply exclusively to traders (entrepreneurs) within the meaning of § 14 BGB (German Civil Code). Participation in the Affiliate Program as a consumer within the meaning of § 13 BGB is excluded. By registering, the Affiliate warrants that it is acting in the course of a self-employed commercial or professional activity.

(2) The Affiliate’s contracting party is aneessance.comutschland GmbH, Görresstr. 5, 55131 Mainz, Germany, registered in the commercial register of the Local Court (Amtsgericht) of Mainz under HRB 50320, represented by its managing director Ivan Lukanov, VAT ID No. DE341910327 (hereinafter “Atletica”). Atletica operates the online shop [www.aneessance.com](https://www.aneessance.com).

(3) The Affiliate Program is operated technically via the GoAffPro platform (run by GoAffPro Inc.). Use of the Program requires the creation of an affiliate account with GoAffPro. The contractual relationship between the Affiliate and GoAffPro Inc. is additionally subject to GoAffPro’s own terms of use.

(4) These Terms apply in the version in force at the time of registration. Amendments shall be notified to the Affiliate in accordance with § 12 of these Terms.

(5) Participation in the Affiliate Program is open exclusively to traders whose registered office or tax residence is in a country to which Atletica ships from its online shop aneessance.com as standard. The current list of shipping countries is available at aneessance.com/pages/bestellablauf-zahlung-versand. Applicants from third countries outside the shipping countries will not be admitted to the Program. Any subsequent extension of the shipping countries automatically extends the group of eligible participants; no amendment of these Terms is required for this purpose.

§ 2 Definitions

For the purposes of these Terms:

(1) “Affiliate Link” means the individually assigned tracking link made available to the Affiliate by Atletica via the GoAffPro platform, by means of which the referral of visitors to Atletica’s online shop is traced.

(2) “Affiliate Account” means the user account maintained by the Affiliate on the GoAffPro platform, through which the Affiliate has access to its Affiliate Link, statistical reports, commission balance and payout details.

(3) “Cookie” means the technical information stored on the prospective customer’s device when the Affiliate Link is clicked, which serves to attribute an order to the Affiliate.

(4) “Cookie Period” means the period within which an order is attributed to the Affiliate once the customer has clicked the Affiliate Link. The Cookie Period is 30 days from the click.

(5) “Referred Order” means an order placed in Atletica’s online shop that is attributed to an Affiliate in accordance with the tracking and attribution rules set out in § 4.

(6) “Commission” means the performance-based remuneration owed to the Affiliate for Referred Orders in accordance with § 5.

(7) “Validation Period” means the period of 60 days from the order date, upon expiry of which the Commission for a Referred Order is deemed finally earned.

(8) “Minimum Payout Amount” means the amount of EUR 100 that must be reached before Atletica makes a payout to the Affiliate (§ 7).

(9) “Personal Discount” means the discount granted to the Affiliate under § 8, following admission to the Program, on its own purchases from Atletica.

§ 3 Application and Admission to the Program

(1) Participation in the Affiliate Program requires an application via the online registration form provided by Atletica. In the application, the applicant must provide truthful information about its identity, commercial activity, contact details, reach and the content of its platform(s).

(2) By submitting the registration form, the applicant makes a binding offer to enter into an affiliate agreement subject to these Terms. Atletica reserves the right to accept or reject this offer within ten (10) working days. There is no entitlement to admission until Atletica has expressly accepted the offer.

(3) aneessance.comcides on admission at its reasonable discretion. The decisive criteria include, in particular, the quality of the content, the engagement of the target audience, the thematic fit with Atletica’s product range, the geographical focus of the Affiliate and the absence of competitive or reputational risks. There is no entitlement to admission. A rejection need not be substantiated.

(4) Coupon websites, cashback websites, pay-per-click websites and other platforms whose business model is based on the distribution of discount codes or the purchase of paid search advertising will not be admitted to the Program.

(5) The agreement is concluded upon receipt of Atletica’s declaration of acceptance (generally in the form of an e-mail notification that the Affiliate Account has been activated). Upon activation, the Affiliate is given access to its Affiliate Account and to its personal Affiliate Link.

(6) The Affiliate is obliged to update any changes to its personal details, in particular contact details, bank details and tax status, in the Affiliate Account without undue delay or to notify them to the responsible affiliate manager.

§ 4 Tracking and Attribution of Orders

(1) Referred Orders are attributed technically by means of the Affiliate Link and an associated Cookie, which is set on the prospective customer’s device when the Affiliate Link is clicked. The Cookie Period is 30 days.

(2) An order is attributed to the Affiliate if (a) the customer has clicked the Affiliate Link within the Cookie Period and (b) the order is successfully recorded in Atletica’s system. The order need not be placed in the same browser session in which the Affiliate Link was clicked.

(3) If a customer clicks Affiliate Links of several Affiliates within the Cookie Period, the order is attributed on a Last-Click basis: the Affiliate Link clicked last before the order is decisive.

(4) The Affiliate acknowledges that tracking is subject to technical limitations (in particular cookie blockers, third-party cookie restrictions in browsers, losses caused by device changes, manually deleted cookies and tracking refusals by end customers for data-protection reasons). Atletica does not owe complete capture of every order referred via the Affiliate Link. A Commission is payable only for those orders that could actually be technically attributed to the Affiliate.

(5) Self-referrals are excluded. Orders placed under the Affiliate Account, with the Affiliate’s e-mail address registered with Atletica, or recognisably in the Affiliate’s own economic interest do not give rise to any Commission.

§ 5 Commission

(1) Commission Rates

The Commission is calculated as a percentage of the commission base (see para. 2). The percentage applicable to a Referred Order depends on the revenue already referred in the current calendar month up to that order:

a) Standard tier: 5 % for as long as the revenue referred in the calendar month is below EUR 1,000.

b) Active tier: 6 % for orders referred after the revenue referred in the calendar month has reached EUR 1,000.

c) Top Performer tier: 8 % for orders referred after the revenue referred in the calendar month has reached EUR 2,500.

The higher rate applies only to orders referred after the threshold has been reached; orders referred earlier in the same month retain their rate.

(2) Commission Base

The commission base is the net value of goods of the Referred Order. The following are not included in the commission base:

a) value added tax (VAT) on the value of the goods,

b) shipping costs,

c) surcharges for delivery services (e.g. freight-forwarding costs, express shipping, assembly services),

d) discounts, vouchers, promotional codes and cashback amounts redeemed by the customer,

e) gift cards or value vouchers purchased as part of the order,

f) any separately stated reseller or wholesale prices.

(3) Change of Tier

(1) The tier is determined by the cumulative revenue referred in the relevant calendar month. The higher commission rate is applied to those orders that are referred within the same calendar month after the relevant revenue threshold has been reached; it is not applied retroactively to orders referred earlier in the same month. At the beginning of each new calendar month the revenue counter is reset; the Affiliate starts again in the Standard tier (5 %).

(4) Accrual of Commission in Principle

(1) The Commission accrues in principle upon receipt of the customer’s order in Atletica’s system. It is initially shown in the Affiliate Account as “pending”.

(5) Exclusion of Commission

No Commission is paid for:

a) orders that are returned, cancelled or withdrawn by the customer in whole or in part within the Validation Period (§ 6),

b) orders for which payment of the purchase price is not made or is reversed,

c) self-referrals within the meaning of § 4 para. 5,

d) orders generated through impermissible conduct of the Affiliate (in particular a breach of § 9),

e) orders placed outside the Affiliate Program (e.g. orders placed directly in the physical Atletica brand store, insofar as no affiliate tracking takes place there).

§ 6 Validation Period and Reversal of Orders

(1) Atletica grants end customers a 100-day right of return that goes beyond the statutory requirements. In order to avoid paying out Commissions that are economically cancelled by a subsequent return, the payout of each individual Commission is linked to the expiry of a Validation Period of 60 days from the order date. The Validation Period is shorter than the right of return; para. 5 applies to returns, cancellations or withdrawals that only take effect after the Validation Period has expired.

(2) During the Validation Period, the Commission is shown in the Affiliate Account as “pending”. In this status it is neither due nor payable.

(3) If the order is returned, cancelled or withdrawn in whole or in part within the Validation Period, the Commission is automatically reversed to the corresponding extent. No separate recovery procedure is required.

(4) If no return, cancellation or withdrawal occurs within the Validation Period, the Commission is transferred to the status “payable” upon expiry of the 60 days and included in the next payout in accordance with § 7.

(5) If a Commission that has already been transferred to the status “payable” or has already been paid out subsequently becomes economically void with retroactive effect as a result of a return asserted later by the customer (e.g. a return within the 100-day right of return after expiry of the Validation Period, or a reversal outside that period by way of a complaint or statutory warranty claim), Atletica is entitled to set off the corresponding Commission amount against the Affiliate’s future Commission claims or – where set-off is not possible – to reclaim it from the Affiliate.

§ 7 Payout

(1) Payouts are made monthly, on the 15th of each calendar month (Payout Date). The balance of payable Commissions on the Payout Date is decisive.

(2) A payout is made only if the total of payable Commissions on the Payout Date reaches or exceeds the Minimum Payout Amount of EUR 100. Amounts below the Minimum Payout Amount are carried forward to the next Payout Date. Subject to § 13, carried-forward amounts do not lapse.

(3) Payout is made, at Atletica’s election, by bank transfer to the payment details stored by the Affiliate in the Affiliate Account. The Affiliate is obliged to store correct and up-to-date payment details in the Affiliate Account. Atletica is not liable for delays or losses resulting from incorrectly stored payment details.

(4) Any transaction costs arising from the choice of payment method shall be borne by the Affiliate. Atletica is entitled to deduct such costs from the payout, provided they can be clearly attributed to the individual payout transaction.

(5) A payout is deemed to be made subject to reservation insofar as it includes Commissions whose Validation Period had not yet expired but which were paid out inadvertently. § 6 para. 5 applies accordingly.

(6) Payouts are made in euros (EUR). Exchange-rate risks or additional costs arising from payout to a foreign bank account shall be borne by the Affiliate.

§ 7a Self-Billing (Credit Note Procedure)

(1) Commission is settled by way of self-billing (credit note procedure) pursuant to § 14 para. 2 sentence 2 UStG (German VAT Act). A credit note is issued exclusively for Commissions whose Validation Period under § 6 has expired and which fall due for payout in the relevant settlement period. No credit note is issued for Commissions that are still in the status “pending”.

(2) On each Payout Date (§ 7 para. 1), Atletica issues a credit note covering all Commissions released and payable in the preceding calendar month. The credit note is made available to the Affiliate in electronic form (by e-mail or via the affiliate dashboard).

(3) The credit note constitutes a proper invoice for VAT purposes. The Affiliate may object to the credit note in text form within eight (8) days of receipt. If no objection is raised within this period, the credit note is deemed accepted.

(4) If a Commission that has already been settled is subsequently reversed economically – in particular as a result of a goodwill return after expiry of the 60-day Validation Period pursuant to § 6 para. 5 – a cancellation credit note is issued or the amount is set off against the next Commission settlement. Amounts already paid out may in this case be set off against future Commission claims or – where set-off is not possible – reclaimed.

(5) Upon registration, the Affiliate shall provide Atletica with the following information in the registration form: (a) full business address, (b) date of birth (where a reporting obligation exists under the German Platform Tax Transparency Act – PStTG), (c) VAT status – namely (i) small business scheme pursuant to § 19 UStG, (ii) trader subject to standard VAT in Germany with a VAT ID No., or (iii) trader established in another EU Member State with a valid EU VAT ID No. for application of the reverse-charge procedure pursuant to § 13b UStG, (d) tax number or VAT ID No., (e) bank details (IBAN and BIC) as the payout channel. The Affiliate is obliged to notify any changes to this information without undue delay. In the event of incomplete or incorrect information, Atletica may withhold the payout or reject the registration.

(6) The Affiliate acknowledges that, as a self-employed trader, it is solely responsible for the correct VAT treatment of the Commissions paid out and for any filings with its competent tax office. If the Affiliate provides Atletica with incorrect information regarding its tax status, it shall indemnify Atletica against any resulting claims for damages and any additional tax assessments by the tax authorities.

§ 8 Personal Discount

(1) Upon admission to the Affiliate Program, Atletica grants the Affiliate a personal discount on the net value of goods of its own orders in Atletica’s online shop. The Personal Discount is available exclusively to active Affiliates within the meaning of these Terms.

(2) The Personal Discount is not granted in the form of a public or universally usable discount code. It is redeemed by individual request by e-mail to the contact named by the affiliate manager before the order is completed.

(3) The minimum order value for use of the Personal Discount is EUR 100 (net value of goods before shipping costs and VAT).

(4) The Personal Discount cannot be combined with other discount promotions, promotional codes, cashback programs, B2B or wholesale conditions or already reduced promotional prices. aneessance.comcides on a case-by-case basis whether a combination is permissible.

(5) Shipping costs are governed by the general shipping conditions published from time to time at [www.aneessance.com](https://www.aneessance.com). The Personal Discount does not include any discount on shipping costs.

(6) The Personal Discount is intended exclusively for the Affiliate’s private purchases or its own business purchases. Use of the Personal Discount for purchases by third parties (family members, acquaintances, prize draws, resale) is not permitted and may result in immediate termination of the affiliate agreement.

(7) Upon termination of the affiliate agreement, the entitlement to the Personal Discount lapses immediately.

§ 9 Obligations of the Affiliate

(1) General Conduct Obligations

In the course of its activity, the Affiliate undertakes:

a) to comply with applicable law, in particular competition law, copyright law, trade mark law, data-protection law and tax law,

b) to make truthful and non-misleading statements about Atletica’s products,

c) to use Atletica’s trade marks, logos and other distinctive signs exclusively in the form approved by Atletica,

d) neither to create the impression of an official partnership, sponsorship or mandate on behalf of Atletica going beyond the affiliate relationship, nor to hold itself out as an employee, representative or agent of Atletica.

(2) Labelling Obligation (Advertising Disclosure)

(1) The Affiliate is obliged to clearly and unambiguously label any content that contains an Affiliate Link or in which Atletica products are promoted in return for Commission as advertising or as a paid partnership. The requirements of § 5a para. 4 UWG (German Act against Unfair Competition) and the advertising-disclosure rules of the competent supervisory authority in the place where the content is published are decisive in particular (e.g. “Advertisement”, “Paid partnership”, “#advertisement”, “#paidpartnership”). “#ad” alone or hidden hashtags are generally insufficient.

(2) A breach of the labelling obligation constitutes a serious breach of these Terms and entitles Atletica to terminate the affiliate agreement with immediate effect.

(3) Prohibition of Paid Advertising

(1) The Affiliate is not entitled to run paid search-engine advertisements (e.g. Google Ads, Bing Ads), paid social-media advertisements (e.g. Meta Ads, TikTok Ads, YouTube Ads) or comparable forms of advertising to promote the Affiliate Link or Atletica brand terms. In particular, it is prohibited to bid on Atletica’s brand, product or domain terms (Brand Bidding) or to use URL variations of aneessance.com in advertisements.

(4) Permitted Advertising Channels

(1) The Affiliate may place its Affiliate Link exclusively on channels that it owns and operates itself. These include, in particular: its own website or blog, its own social-media profiles (e.g. Instagram, TikTok, YouTube), its own newsletter and its own e-mail communication with its respective target audience.

(2) Placement of the Affiliate Link on third-party platforms that are not operated by the Affiliate itself is not permitted. These include, in particular: forums and online communities (including Reddit), comment sections of third-party websites, coupon sites, cashback platforms, bargain or deal sites (e.g. mydealz.de, RetailMeNot), price-comparison portals, voucher aggregators and any other platform not operated by the Affiliate itself. This restriction applies even if the Affiliate is an active member of such a platform.

(3) Atletica reserves the right to agree a list of approved advertising channels with the Affiliate on a case-by-case basis where the suitability of a specific channel is doubtful. In case of doubt, the Affiliate shall enquire in writing with the affiliate manager before placement.

(4) A breach of the provisions of this paragraph constitutes a serious breach of these Terms and entitles Atletica both to withhold the affected Commission claims and to terminate the affiliate agreement for cause.

(5) Content Requirements

(1) The Affiliate shall ensure that the content published in the course of its Program activity is consistent with Atletica’s brand and product range, is of high quality and contains no defamatory, discriminatory, violence-glorifying, youth-endangering or unlawful content.

(2) If aneessance.comtermines that content contains incorrect statements about Atletica’s products, properties, prices or programs, Atletica is entitled to require the Affiliate to correct, clarify or remove the content concerned. The Affiliate shall comply with a justified request within seven (7) working days.

(6) Minimum Activity

(1) The Affiliate is obliged to generate Referred Orders with a minimum revenue of EUR 500 within a rolling period of six (6) months. If this minimum revenue is not reached, Atletica is entitled to terminate the affiliate agreement by ordinary termination on ten (10) working days’ notice to the end of the month. A new application is possible no earlier than six (6) months after termination.

§ 10 Tax Treatment

(1) As a self-employed trader within the meaning of § 14 BGB, the Affiliate is solely responsible for the proper taxation of the Commissions paid by Atletica and of the Personal Discount in its respective country of tax residence. Atletica does not withhold any taxes.

(2) The Affiliate warrants that it is aware of the tax obligations applicable to its activity (in particular income tax, trade tax, VAT and, where applicable, the small business scheme under § 19 UStG) and that it fulfils its tax registration and filing obligations.

(3) For Affiliates subject to tax in Germany, the Commission is settled plus statutory VAT, provided the Affiliate notifies Atletica of a valid VAT identification number and does not make use of the small business scheme. Where the small business scheme is used, settlement is made without VAT being shown; the Affiliate is obliged to notify Atletica of this in advance.

(4) For Affiliates established in another EU Member State, settlement is made under the reverse-charge procedure pursuant to § 13b UStG. The Affiliate is obliged to provide Atletica with a valid EU VAT identification number before the first payout. In this case, the credit note is issued without German VAT being shown and with the note “VAT to be accounted for by the recipient (reverse charge)”; the Affiliate is solely responsible for the correct VAT treatment in its country of establishment. Affiliates established in third countries outside the EU are not admitted to the Program in accordance with § 1 para. 5.

(5) Atletica is entitled to record the value of the Personal Discount granted to the Affiliate under § 8 in the reporting obligations applicable from time to time (in particular under DAC7), if and insofar as this is required by law.

§ 11 Intellectual Property and Advertising Materials

(1) For the term and within the scope of the affiliate agreement, Atletica grants the Affiliate a simple, non-exclusive, non-transferable and revocable right to use the trade marks, logos, product images, product descriptions and other advertising materials provided by Atletica (together the “Atletica Materials”) exclusively for the purpose of promoting Atletica within the Affiliate Program.

(2) Any editing, modification or alteration of the Atletica Materials that is liable to impair their effect, their message or the Atletica brand is not permitted. Editorial embedding in the Affiliate’s own content is permitted, provided the original meaning is preserved.

(3) Upon termination of the affiliate agreement, all of the Affiliate’s rights of use in the Atletica Materials lapse. The Affiliate is obliged to cease using the Atletica Materials within 30 days of termination and to remove its Affiliate Link from actively promoted content. Journalistic or editorial content already published (e.g. archived reviews) is exempt from this, insofar as the Affiliate is required to retain it for reasons of press freedom.

(4) In respect of the content that the Affiliate itself creates within the Affiliate Program using the Affiliate Link or with reference to Atletica or Atletica products and publishes on its own channels – in particular on its social-media profiles and its website – (hereinafter “Affiliate Content”), the Affiliate grants Atletica a simple, royalty-free right, unlimited in territory and time, to use such Affiliate Content for Atletica’s own advertising, marketing and communication purposes. This right of use includes, in particular, the right to reproduce, make publicly available and distribute the Affiliate Content via Atletica’s own channels – namely by reposting, sharing and embedding on Atletica’s social-media profiles, on the website [www.aneessance.com](https://www.aneessance.com) and in newsletters and other marketing materials – including any adaptation required for the respective channel (e.g. cropping or formatting), provided the essential meaning is not altered thereby.

(5) The rights of use granted under para. 4 are granted free of charge and without limitation in time; they continue to apply after termination of the affiliate agreement. They fully settle all claims of the Affiliate to remuneration for the use of the Affiliate Content – in particular for image, usage or exploitation rights. The Affiliate shall not assert against Atletica any remuneration, additional remuneration or other payment for the contractual use of the Affiliate Content, either during the term of the agreement or after termination of the affiliate agreement. Para. 3 (lapse of the Affiliate’s rights of use in the Atletica Materials) remains unaffected.

(6) The Affiliate warrants that it holds all rights in the Affiliate Content required to grant the rights of use under para. 4 and that use by Atletica does not infringe any third-party rights. Where other persons are recognisably depicted in the Affiliate Content or third-party content (e.g. music, images or trade marks of third parties) is used, the Affiliate shall ensure that the necessary consents and rights of use are in place to the extent required for use by Atletica under para. 4. The Affiliate shall indemnify Atletica on first demand against third-party claims based on a breach of this warranty; § 16 applies accordingly.

§ 12 Term and Termination

(1) The affiliate agreement is concluded for an indefinite period. Either party may terminate it by ordinary termination on ten (10) working days’ notice to the end of the month. Notice of termination must be given in text form (an e-mail to the registered contact address is sufficient).

(2) The right to extraordinary termination for cause remains unaffected. For Atletica, cause exists in particular in the event of:

a) a serious or repeated breach of the obligations under § 9 (in particular missing advertising disclosure, impermissible paid advertising, conduct damaging to Atletica’s reputation),

b) unlawful content in the posts published by the Affiliate,

c) public statements or conduct liable to damage the reputation or the brand of Atletica,

d) insolvency or comparable financial circumstances of the Affiliate,

e) misuse of the Personal Discount under § 8,

f) a breach of the prohibition of self-referrals under § 4 para. 5,

g) manipulation of, or attempts to circumvent, the tracking system.

(3) Upon termination of the agreement, the Affiliate Account is deactivated. The entitlement to the Personal Discount lapses immediately (§ 8 para. 7).

(4) Upon termination of the agreement (ordinary or extraordinary), payable Commissions that reach the Minimum Payout Amount on the termination date are paid out as part of the next payout in accordance with § 7. Commissions whose Validation Period has not yet expired on the termination date are paid out after expiry of the respective Validation Period in accordance with § 6, provided that (a) the payout is not excluded by an extraordinary termination for serious breach by the Affiliate and (b) the Minimum Payout Amount has been reached.

(5) In the event of an extraordinary termination for serious breach by the Affiliate, Atletica is entitled to withhold any outstanding Commission claims for set-off against claims for damages or as security for any claims for repayment.

§ 13 Amendment of these Terms

(1) Atletica reserves the right to amend these Terms with effect for the future, insofar as this is necessary for legal, technical or business reasons and the amendments do not unreasonably disadvantage the Affiliate.

(2) The amended Terms will be notified to the Affiliate by e-mail to the address stored in the Affiliate Account no later than six (6) weeks before they take effect. The notification will expressly draw attention to the proposed amendments, to the right to object and to the consequences thereof.

(3) If the Affiliate does not object to the amended Terms in text form within six (6) weeks of receipt of the notification of amendment, the amended Terms are deemed accepted. In the event of an objection within the time limit, the contractual relationship continues under the previous Terms; in this case Atletica is entitled to terminate the affiliate agreement by ordinary termination on the notice period set out in § 12 para. 1.

§ 14 Data Protection

(1) Atletica processes the Affiliate’s personal data in connection with the initiation, performance and termination of the affiliate agreement and for the fulfilment of legal obligations. The legal basis for the processing is Art. 6(1)(b) GDPR (contract and pre-contractual measures) and, where applicable, Art. 6(1)(c) GDPR (legal obligation) and Art. 6(1)(f) GDPR (legitimate interests).

(2) For the technical operation of the Affiliate Program, Atletica uses the GoAffPro platform, operated by GoAffPro Inc. A data processing agreement pursuant to Art. 28 GDPR is in place with GoAffPro Inc. The Affiliate’s personal data (in particular name, contact details, platform URL, reach data, payment data and commission data) are transferred to GoAffPro Inc. for these purposes.

(3) GoAffPro Inc. is a company established in India. The Affiliate’s personal data are processed within GoAffPro’s infrastructure; access by GoAffPro staff in India, in particular for technical support and maintenance purposes, cannot be entirely excluded. As this constitutes a transfer of personal data to a third country for which no adequacy decision of the European Commission exists, Atletica ensures appropriate safeguards pursuant to Art. 46 GDPR. In particular, Atletica has concluded a data processing agreement pursuant to Art. 28 GDPR with GoAffPro Inc. and agreed the EU Standard Contractual Clauses; these are supplemented by appropriate technical and organizational measures.

(4) Further information on the processing of personal data, on the Affiliate’s rights under Art. 15 et seq. GDPR and on retention periods can be found in Atletica’s privacy notice at aneessance.com/pages/legal-imprints?active_tab=4.

(5) Insofar as the Affiliate itself processes personal data of third parties (in particular of end users of its platform) in the course of its Program activity, it is responsible, as an independent controller within the meaning of Art. 4(7) GDPR, for compliance with data-protection requirements. Atletica is not a controller in this respect and assumes no joint responsibility under data-protection law.

§ 15 Liability

(1) Atletica is liable without limitation for damage suffered by the Affiliate in cases of intent and gross negligence, for injury to life, body or health, under guarantees expressly assumed and under the mandatory provisions of the German Product Liability Act (Produkthaftungsgesetz).

(2) In the event of a slightly negligent breach of material contractual obligations (cardinal obligations), Atletica’s liability is limited to the foreseeable damage typical of the contract. Cardinal obligations are those obligations whose fulfilment is essential to the proper performance of the contract and on whose observance the Affiliate may regularly rely.

(3) In all other respects, Atletica’s liability for slight negligence is excluded.

(4) Insofar as Atletica’s liability is excluded or limited under the foregoing provisions, this also applies to the personal liability of Atletica’s legal representatives, employees and vicarious agents.

(5) Atletica assumes no liability for the continuous availability of the GoAffPro platform, the Affiliate Account, the tracking function or the payout infrastructure. Temporary outages or technical problems do not give rise to any claim for damages by the Affiliate, unless Atletica has acted with intent or gross negligence.

§ 16 Indemnification

(1) The Affiliate shall indemnify Atletica on first demand against all third-party claims asserted against Atletica in connection with conduct of the Affiliate that breaches these Terms, applicable law or third-party rights (in particular copyright, trade mark, personality or competition rights).

(2) The indemnification obligation includes the reasonable costs of the necessary legal defence (lawyers’ and court costs at the statutory rates).

(3) Atletica will inform the Affiliate without undue delay of any claim asserted within the meaning of para. 1. The Affiliate has the right to conduct the defence against the claims in consultation with Atletica, insofar as this is legally permissible and reasonable for Atletica.

§ 17 Confidentiality

(1) The Affiliate undertakes to treat as confidential all non-public information about Atletica, its business partners, its business plans, conditions, internal processes and technical procedures made available to it in the course of its participation in the Program, and not to disclose such information to third parties, unless disclosure is necessary for performance of the agreement or required by law.

(2) The confidentiality obligation continues to apply for a period of three (3) years after termination of the affiliate agreement.

(3) The content of individual conditions of the Affiliate Program (in particular commission rates, tiers, Validation Period, Personal Discount) is likewise confidential. Publication or other dissemination of this information by the Affiliate is permitted only to the extent that Atletica itself communicates the respective information publicly (e.g. on the affiliate landing page).

§ 18 Final Provisions

(1) Governing Law

This agreement is governed exclusively by the law of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG) and the conflict-of-laws rules.

(2) Place of Jurisdiction

The exclusive place of jurisdiction for all disputes arising out of or in connection with this agreement is Mainz, provided the Affiliate is a merchant (Kaufmann), a legal entity under public law or a special fund under public law, or has its registered office or habitual residence abroad. Atletica is, however, also entitled to bring proceedings against the Affiliate at its general place of jurisdiction.

(3) Text Form

Amendments and additions to this agreement must be made in text form. The requirement of text form may be waived only in text form.

(4) Severability Clause

Should individual provisions of these Terms be or become invalid or unenforceable after conclusion of the agreement, the validity of the remainder of the agreement shall remain unaffected. The invalid or unenforceable provision shall be replaced by a valid and enforceable provision whose effects come closest to the economic purpose pursued by the contracting parties with the invalid or unenforceable provision. The same applies to any gaps in the agreement.

(5) Prohibition of Assignment

The Affiliate is not entitled to assign claims under this agreement (in particular Commission claims) to third parties without Atletica’s prior written consent. § 354a HGB (German Commercial Code) remains unaffected.

(6) Dispute Resolution

Atletica is neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board. This reflects the nature of this Program, which is directed exclusively at traders (§ 1 para. 1).

 

Version: 22/07/2026