General terms and conditions (GTC) for users

Last update: 1st of July 2016

  • §1 Description of Services, Acceptance

    §1 Description of Services, Acceptance

    1. These are the terms of use (hereinafter referred to as “Terms of Use") of aklamio GmbH, Hagelberger Str. 11, 10965 Berlin (hereinafter referred to as "Aklamio"). Aklamio offers a service on the internet (hereinafter referred to as "Aklamio Service") which allows the tracking and processing of recommendations made by persons who are registered with Aklamio in accordance with these Terms of Use (hereinafter referred to as "Users" or “You”) for products and services offered by operators of online shops (hereinafter referred to as "Partners"). The Aklamio Service is accessible via the webpage of the Partners as well as through the Aklamio website www.aklamio.com (hereinafter referred to as "Website"). Users can recommend the Partners’ products and services to third parties (hereinafter referred to as “Customers”) using the Aklamio Service. If upon such recommendation, Partner and Customer enter into a commercial transaction, as described below, the User receives a previously defined reward from Aklamio for its recommendation, under these Terms of Use. Alternatively, Users may purchase products or services from certain Partners participating in Aklamio’s Cashback service for themselves through the Aklamio Service and receive a previously defined Cashback from Aklamio (hereinafter referred to as "Cashback"). The following Terms of Use apply between Aklamio and any User of Aklamio.

    2. The Aklamio Service may only be used by natural persons that are at least 18 years old. By accepting these Terms of Use, You declare that You are a natural person and at least 18 years old.

    3. By accepting these Terms of Use, You commit to use the Aklamio Service only for purposes that are not related to commercial or self-employment activities. A commercial purpose exists when recommendations are made regularly and in larger volumes with the intention of earning a regular profit.

    4. If You intend to use the Aklamio Service for a commercial purpose at the time of registration with Aklamio or if You demonstrate such an intention after registration, You, by accepting these Terms of Use, commit to inform Aklamio about this fact immediately in writing. Aklamio reserves the right to exclude You from the use of the Aklamio Service, to terminate the agreement with You without notice, or to authorize such commercial use on an individual case-by-case basis.

    5. When using the Aklamio Service, Users act independently and are not subject to any directions from Aklamio. Users are solely responsible for complying with any laws, regulations, statutory provisions, including relevant tax laws and trade law regulations that apply to them.

    6. The use of the Aklamio Service is free for users.

  • §2 Parties

    §2 Parties

    1. Aklamio is not a representative of its Partners. Therefore, by entering into an agreement based on these Terms of Use between the User and Aklamio, no legal relationship between the User and a Partner is formed.

    2.The purchase of goods, services or other transactions on the webpage of a Partner by Users or Customers is a separate legal transaction between such User or Customer and the Partner; Aklamio is not a party to this legal transaction. Claims arising under this legal relationship can only be brought against the Partner.

  • §3 Registration and Entering into Agreement

    §3 Registration and Entering into Agreement

    1. To be able to use the Aklamio Service, You must register and create an Aklamio account. In order to register, You must fill out the registration or recommendation form provided by the Aklamio Service and fully agree to these Terms of Use. You should also take note of the privacy policy of Aklamio (http://www.aklamio.com/en/privacy) which is referred to during the registration process.

    2. Each User may only register once. The User is obliged to provide truthful information in the fields of the registration form.

    3. Registration can be done via the Website, as well as in connection with making a recommendation for the first time using the Aklamio widget, which is integrated into the webpage of the Partners.

    4. Upon full registration, the User submits an offer to enter into a contractual relationship with Aklamio on the basis of these Terms of Use. The agreement between the User and Aklamio is concluded only with the confirmation of the registration by Aklamio by sending a confirmation email. Aklamio reserves the right to reject a registration request without giving any reason.

    5. The Aklamio Service is carried out exclusively on the basis of these Terms of Use. Any other terms or conditions proposed by a User are hereby expressly excluded, if and to the extent those terms contradict or complement these Terms of Use. The permission to use the Aklamio Service is not transferable and strictly reserved for the registered User.

    6. This agreement is entered into for an unlimited period of time.

  • §4 Revocation

    §4 Revocation

    1. You may revoke Your offer to enter into this agreement within 14 days without having to give any reasons. The revocation period starts on the date of this agreement and ends 14 days thereafter. To exercise Your revocation right, You must inform Aklamio (aklamio GmbH, Hagelberger Str. 11, 10965 Berlin, email: kündigung@aklamio.com ) unequivocally of Your intention to revoke this agreement (e.g. by mail, fax or email).

  • §5 Rewards Conditions

    §5 Rewards Conditions

    1. A reward will be paid (subject to § 6) only for a successful recommendation that meets the following conditions and was made using a media channel supported by Aklamio and the applicable rewards offer.
    (1) The User can post or send a recommendation using one of the supported electronic media channels by clicking the respective button. Each recommendation, which has been generated in such way, contains a link created by Aklamio ("Referral Link") that is linked to the recommended product and Partner. Alternatively, the User can copy the Referral Link and use it for its intended purpose in accordance with these Terms of Use (especially taking into account the obligations in § 7). In such cases, a recommendation shall be deemed successful if:

    • the Customer follows such a Referral Link during the validity of the rewards offer (§ 5 No. 4),
    • directly (i.e. without delay and without visiting other website(s) in between) upon the clicking of the Referral Link by the Customer, such Customer and the recommended Partner enter into an agreement for the purchase of the recommended product or service specified in the rewards offer,
    • the transaction between the Customer and Partner fulfills the additional conditions referred to in the respective rewards offer,
    • the causation of the transaction between Customer and Partner by such recommendation is traceable by the cookie stored at the Customer’s browser (to this end, the Customer’s browser must permit cookies), and
    • the Customer is not identical to the recommending User.

    (2) Certain rewards offers provide that the rewarded transaction between Partner and Customer may alternatively take place via telephone order or in an authorized retail store. In such cases, a recommendation shall be deemed successful if:
    • the User generates the appropriate Referral Link and uses it for its intended purpose in accordance with these Terms of Use,
    • the Customer follows such a Referral Link during the validity of the rewards offer (§ 5 No. 4) and takes notice of the displayed recommendation code,
    • the Customer and the Partner enter into an agreement for the purchase of the recommended product or service, with the Customer stating the recommendation code and the Partner registering such code,
    • the transaction between Customer and Partner fulfills the additional conditions referred to in the rewards offer, and
    • the Customer is not identical with the recommending User.
    If provided for in the rewards conditions, instead of using the Referral Link, the User may provide the Customer with her email address used for registering with Aklamio and consent to its disclosure to the Partner for matching purposes.

    2. In addition to rewards for recommendations, certain Partners may offer rewards (subject to § 6) if You purchase something for Yourself in the Partner’s online shop via the link provided for this purpose on the Website ("cashback"). For a purchase to be rewarded, the following conditions must be met:

    • The transaction between the You and the Partner is made using the cashback button on the Website, the Aklamio Cashbar, or other services provided by Aklamio during the validity of the rewards offer (§ 5 No. 4),
    • directly (i.e. without delay and without visiting other website(s) in between) upon Your clicking on the cashback button on the Website and the subsequent routing to the Partner’s online shop, You and such Partner enter into an agreement about the product or service specified in the awards offer,
    • the transaction between You and Partner fulfills the additional conditions referred to in the respective rewards offer, and
    • the transaction between You and the Partner is being tracked and transmitted by the Partner and recorded by Aklamio.

    3. You may share in the rewards earned by those new Aklamio Users that You have previously referred to Aklamio (“Tell-a-Friend Offer”). The referral of new Users in connection with this offer shall exclusively be rewarded with a participation in the rewards' validly earned by such referred User in accordance with these Terms of Use, but not with a separate, independent reward claim.
    (1) To use the Tell-a-Friend Offer on the Website, You must share the special Referral Link provided thereon with the person You would like to refer. The referred person must (i) follow the Referral Link during the validity of the Tell-a-Friend Offer and (ii) register with Aklamio for the first time in accordance with § 3 of these Terms of Use directly after following the link.
    (2) A person who earns a reward based on Your Partner or product recommendation and, in connection therewith, registers with Aklamio for the first time as new User, shall also be deemed a newly referred User for purposes of the Tell-a-Friend Offer.
    (3) In all cases, the referral must meet the following additional conditions:

    • Aklamio confirms the registration of the new User,
    • the referred person is not identical with You and has not previously registered with Aklamio,
    • the referred person earns a reward pursuant to above § 5 No. 1, 2, and
    • the referral meets any other condition stated in the Tell-a-Friend offer.

    (4) The participation in a reward of a referred User under the Tell-a-Friend Offer is only available if the applicable rewards offer, on which the reward is based, provides for the option of the referring User to receive the reward in full (and not for a mandatory sharing or payout of the reward with/to the referred User).
    (5) Your amount of participation in rewards of a User You referred is stated in the applicable Tell-a-Friend Offer on the Website. The participation is for a limited time only: eligible are only such rewards, which the referred User has earned during the time period specified in the Tell-a-Friend Offer, but in any event no later than within the first year following the registration as new User with Aklamio.

    4. The User acknowledges that rewards offers are subject to change at any time and are only valid for a limited time. Rewards offers may also be limited with respect to the number of eligible recommendations. A reward can only be earned if and to the extent that, at the time of the transaction between Partner and Customer (or User, as the case may be) taking effect, (i) the rewards offer is still valid and (ii) the applicable reward conditions that are in effect at the time the agreement is taking effect are met.

    5. Applicable are exclusively rewards offers as they are stated on website of the relevant rewards offer at the time of the transaction between Partner and Customer (or User, as the case may be) taking effect.

  • §6 Payment Conditions

    §6 Payment Conditions

    1. Aklamio creates a rewards account for each User after successful registration, to which earned rewards will be credited. Aklamio regularly informs You about the current status of Your rewards account by email and You can see this information at any time in Your account information.

    2. For each successful referral in accordance with § 5 No. 1 and each successful purchase in accordance with § 5 No. 2, as the case may be, the reward specified in the rewards offer will be temporarily credited to the User's account and marked as "pending".

    3. A pending reward becomes payable only if the following conditions are met with respect to the corresponding transaction between Partner and Customer (in the case of recommendations) or Partner and User (in the case of cashback):

    • The transaction is not rejected, revoked, cancelled or rescinded by the Partner, User or Customer or otherwise terminated (whether unilaterally or by mutual agreement),
    • full and timely payment of the purchase price invoiced by the Partner by the Customer (in the case of recommendations) or by the User (in the case of cashback) to the Partner,
    • acceptance of the ordered goods or services by the Customer or User, as the case may be,
    • any statutory or contractual cancellation or revocation period having elapsed,
    • the transaction meets any additional conditions specified in the rewards offer, and
    • confirmation of the effectiveness of the transaction by the Partner to Aklamio.

    4. After the conditions specified in § 6 No. 3 have been met, the reward will be credited to the rewards account and marked as "confirmed". If one or more of the requirements referred to in § 6 No. 3 are permanently missed, the corresponding "pending" reward will be canceled and marked as "rejected".

    5. As soon as the amount of confirmed rewards has reached the minimum amount of 1 Euro (or 1 GBP, 1 CHF, 1 USD, as the case may be), You can demand payment of Your rewards in Your account. Payments are exclusively made by wire transfer to accounts at banks within the SEPA-region (“single euro payments area”) or via the payment service PayPal. You may incur fees charged by Your bank, in particular if You wish payment in a currency other than Euro or the local currency of the SEPA member country where Your bank is located. Aklamio is not responsible and will not reimburse You for such fees.

    6. Upon the payout of a reward by Aklamio to the bank account (or Paypal account, respectively) specified by You, You release and discharge Aklamio of and from all claims for payment with respect to the respective rewards, even if the account does not belong to You.

    7. Any objections to the balance or other details of the rewards account must be made by You in writing or by email within six (6) weeks at the latest after receipt of the email containing the rewards account status. Any failure to raise an objection in a timely manner shall be deemed an approval of the rewards account balance. Aklamio will point out this consequence to the User when informing him about the rewards account balance. You may request an adjustment of the rewards account balance after the six weeks period, but then must prove Your claim that a reward earned by You was not credited or not credited in full. The cancellation right of Aklamio according to § 6 No. 9 of these Terms of Use remains unaffected.

    8. Any and all claims for payment of a confirmed reward are barred, if the User within one (1) year after confirmation of such reward (i) has not requested a payout of the respective reward and (ii) has not used the Aklamio Service.

    9. Rewards may be canceled by Aklamio, if a payout would be unreasonable for Aklamio due to a breach of contract by the User, in particular if (i) the User violates any of his obligations under § 1 and § 7 of these Terms of Use, (ii) the User (in the case of cashback) or the Customer (in the case of recommendations) violates the terms of use of the Partner, (iii) the User uses the Aklamio Service to obtain rewards in an improper or fraudulent manner inconsistent with the purpose of the Aklamio Service or (iv) the reward conditions or the payout conditions have not been met. In the case of abuse or violation of these Terms of Use Aklamio may, in its sole discretion, retroactively cancel rewards without notice. Canceled rewards are marked as "rejected".

    10.The User acknowledges that a small number of recommendations and purchases may not be properly recorded by Aklamio or a Partner for technical reasons, including but not limited to (i) errors during the loading of websites, (ii) the disabling of cookies in the User’s browser, (iii) the use of Adblockers, (iv) the cookie stored by Aklamio being overwritten due to the visit of other websites or (v) other technical disruptions of the Aklamio Service or the Partner’s websites. In these cases, the User has no payment claim against Aklamio, but may request an adjustment via his account.

    11. You may submit reward adjustment requests through the applicable option in Your reward account. The request must be made within the time period specified in the respective rewards offer, but in any event no later than within three (3) months following (i) the date of the transaction between the Partner and Customer (or User, respectively) or (ii) the rejection of the reward by Aklamio, as the case may be.

    12. The User may not assign or transfer individual or all rights and obligations under this agreement without Aklamio’s prior written consent.

    13. No interest is payable on credited rewards.

  • §7 User Content

    §7 User Content

    1. Aklamio may, at its sole discretion, permit You to post, upload, publish, enter or transmit data or content, like text or photos, for public view on the Website (hereinafter referred to as "User Content"). By providing User Content on the Website, You grant Aklamio a worldwide, non-exclusive, transferable, sub-licensable and royalty-free license to use such User Content in connection with the Aklamio Service and to edit, distribute, reproduce, transmit or make publicly available such User Content. This license ends when You delete the respective User Content or Your Aklamio account.

    2. You are solely responsible for User Content You provide. By providing User Content You confirm that (i) You either have the exclusive rights pertaining to the relevant User Content or that You have all rights, licenses, permits and approvals necessary to grant Aklamio the rights to use the respective User Content pursuant to § 7 para. 1; and (ii) the provision of the respective User Content on the Website is lawful, and in particular does not violate any laws or any rights of any third party.

    3. You agree not to provide any User Content that violates public morals. In particular, Your User Content must not contain pornographic, violent, discriminatory, abusive, racist or defamatory representations.

    4. Aklamio has the right to remove Your User Content without prior notice, if there is sufficient indication that the public disclosure of the relevant User Content violates any laws, regulations, moral standards and/or infringe any third party rights.

  • §8 Obligations of the User

    §8 Obligations of the User

    1. You may use the Aklamio Service only in accordance with applicable laws and in accordance with these Terms of Use. In particular, You may not use the Aklamio Service for Your own advertising, other commercial offers or in the context of illegal or immoral content.

    2. You may send recommendations via email, Facebook messages etc. using the Aklamio Service only to those persons and/or companies, which have expressly consented to receiving such recommendations from You.

    3. You may not make changes to any content of the Website or other websites of Aklamio or its Partners or connect the Aklamio Service with third party services, websites, or content. You may not make any changes to the referral e-mails sent through the Aklamio Service; You may add additional information, but only in the context of Your personal message to the recipient of the recommendation, insofar as this added information is true, appropriate and not misleading.

    4. You agree not to use any illegal or unethical means in connection with Your use of the Aklamio Service, in particular not to use means in the form of misdirection, deception, threat or coercion towards the recipients of Your recommendations. Also, You may not mislead about or conceal the fact that You receive a reward for a successful referral.

    5. You are prohibited to use any trademarks or other rights (see section 11) of Aklamio or Partners of Aklamio, unless You received the permission to do so from Aklamio or the Partner, respectively.

    6. You may not use links generated by Aklamio in an indecent or inappropriate manner. In particular, You may not (i) copy or post or advertise such links on racist, pornographic, violent or discriminatory websites or websites harmful to minors, or (ii) make use of LayerAd, ForcedClick or similar methods.

    7. You may not use links generated by Aklamio on websites of Partners of Aklamio or on websites that are connected to the websites of Partners.

    8. You may not use the Aklamio Service in any way harmful to Aklamio or its Partners. In particular, You may not use the Aklamio Service to send recommendations to Yourself or to fake successful recommendations.

    9. You agree to provide only accurate and up-to-date data in connection with Your registration with Aklamio (§ 3) and/or the entering of Your payment details (§ 6). Any changes to this data must be communicated to Aklamio immediately. This particularly applies to data that You provide for the purpose of receiving rewards payments (like name and surname of the account holder, account number, bank code, etc.).

    10. You are obliged to maintain Your Aklamio account login data secure and to protect Your personal password from being accessed by unauthorized third parties. All actions performed while logged on under Your password are considered to be actions made by You.

    11. You may only register and maintain a single Aklamio account. If You register for multiple accounts, Aklamio reserves the right to terminate all such excess accounts without notice and to cancel any credit which may have accrued on such accounts.

    12. You are solely responsible for the declaration, withholding, reporting and payment of any applicable taxes that incur in connection with the use of the Aklamio Service. Aklamio has the right to provide Your account information and transaction history to authorities, if and to the extent Aklamio has a legal obligation to do so.

  • §9 Availability

    §9 Availability

    1. Aklamio uses great efforts to ensure the continuous availability of the Aklamio Service and the Website. Server availability has a monthly average of 98%. However, Aklamio cannot guarantee unlimited availability.

    2. Aklamio reserves the right to carry out maintenance work between 10:00pm and 6:00am (central European time). As a result, the availability of the Aklamio Service and the Website may be restricted or limited during that time.

  • §10 Responsibilities

    §10 Responsibilities

    1. Unless otherwise stated in these Terms of Use, including the following provisions, Aklamio can be held liable for breaching contractual or non-contractual obligations according to applicable statutory law.

    2. Aklamio can be held liable for damages due to intentional and grossly negligent conduct. For negligent conduct Aklamio can only be held liable for:

    • (i) the compensation of damages resulting from the injury of life, bodily injury or health, or
    • (ii) the compensation of damages resulting from the breach of a material contractual obligation (i.e. an obligation, the fulfillment of which is essential for the proper performance of the agreement and on the compliance of which the other party regularly relies); in this case, however, the liability of Aklamio is limited to the compensation of the foreseeable, typically occurring damage.

    3. The limitations on liability pursuant to § 10 para. 2 do not apply to the extent Aklamio has assumed a guarantee or is otherwise liable according to mandatory law, e.g. the German Product Liability Act (Produkthaftungsgesetz).

    4. Aklamio is not liable for any damages caused by its Partners. Warranty claims with respect to defects of products or services purchased from a Partner may only be asserted against such Partner.

    5. Aklamio is not liable for links generated by Aklamio that are used or modified by the User in violation of these Terms of Use, in particular in case of an infringement of the rights of third parties. § 254 of the German Civil Code (BGB) remains unaffected.

    6. Aklamio assumes no liability for the correctness and completeness of the content provided on the Website. In particular, Aklamio is not liable for the descriptions and representations of products, services, Partners, and rewards. § 254 BGB remains unaffected.

    7. Aklamio assumes no liability for the availability of products and/or services offered by the Partners.

    8. Aklamio assumes no liability for the reliability and performance of its Partners, or for the quality of the products and services offered by its Partners.

    9. Aklamio assumes no liability for the deliverability and/or the physical or electronic receipt of a recommendation by the recipient.

    10. The Partner is solely responsible for the confirmation of a reward offered for a transaction on his website; Aklamio does not assume any liability with respect to the confirmation of a reward by the Partner or the timeliness of such confirmation.

  • §11 Data protection, Property Rights

    §11 Data protection, Property Rights

    1. You are encouraged to read Aklamio’s privacy policy that governs the protection of personal data by Aklamio.

    2. All rights pertaining to the Website and its content, any Partner’s website and its content, internet domains, the technology underlying the Aklamio Service and trademarks and logos of Aklamio or its Partners, as well as all copyrights, database rights and name rights, design, utility and patent rights, and all licenses to use such Rights that currently exist or will be created, granted or transferred in the future, are hereinafter referred to as “Rights”. Aklamio (or its Partners, respectively, with regard to the websites operated by such Partners, including the content of such websites and the Partners’ logos) is the exclusive owner of all Rights. These Terms of Use do not grant or transfer any Rights to Users. Aklamio grants the User a personal, limited, non-exclusive, revocable and non-transferable right to use Aklamio Service in accordance with these Terms of Use. This right of use ends with the end or termination of this agreement between You and Aklamio. The User undertakes not to reproduce, copy, impersonate, modify, decompile, exploit or use any content or technologies protected by these Rights, or make it available to third parties, without prior written consent from Aklamio or its Partners, respectively, unless such use is consistent with these Terms of Use and the intended use of the Aklamio Service.

  • §12 Termination

    §12 Termination

    1. This Agreement may be terminated without cause by either party with three (3) days notice. The right to terminate with cause without notice remains unaffected.

    2. Aklamio has the right to terminate this Agreement without notice if You breach any of Your obligations referred to in § 1, § 7 and § 8, and to block Your Aklamio account with immediate effect.

    3. The termination must be made in writing or by email. You must send Your termination notice to the address or email address stated in § 4. Aklamio will send any termination notice to the email address specified by You during registration.

    4. Upon effectiveness of the termination, Aklamio disables and deletes the User’s Aklamio account and blocks the access of the User to the Aklamio Service.

  • §13 Modifications

    §13 Modifications

    1. Aklamio has the right to enter into new cooperations with Partners or to terminate existing cooperations with Partners at any time.

    2. Aklamio reserves the right to change the Aklamio Service at any time, provided such change does not affect material performance obligations.

    3. Aklamio may change these Terms of Use at any time with effect for the future. Changes of these Terms of Use will be communicated no later than four (4) weeks prior to their taking effect to registered Users by email and will be made available on the site. The changes shall be deemed accepted by the User, unless the User explicitly objects in writing to particular within two (2) weeks after receipt of such email. Aklamio will point out this consequence in its email.

  • §14 Miscellaneous

    §14 Miscellaneous

    1. This Agreement including these Terms of Use are exclusively governed by German law, expressly excluding the rules of the United Nations Convention on Contracts for the International Sale of Goods (CISG) and excluding the German principles of conflict of laws, provided that if the User is consumer within the meaning of § 13 of the German Civil Code (BGB) and is domiciled with the European Union, mandatory consumer protection laws of such EU member state, in which the User has its permanent residency, shall remain unaffected.

    2. If any provision of these Terms of Use is invalid in whole or in part, the validity of the remaining provisions of these Terms of Use shall remain unaffected. The invalid provision shall be replaced with a provision that comes as close as possible to achieving the objectives which the invalid term was meant to achieve.

    3. The place of the fulfillment of all contractual obligations is Berlin.

§1 Description of Services, Acceptance

1. These are the terms of use (hereinafter referred to as “Terms of Use") of aklamio GmbH, Hagelberger Str. 11, 10965 Berlin (hereinafter referred to as "Aklamio"). Aklamio offers a service on the internet (hereinafter referred to as "Aklamio Service") which allows the tracking and processing of recommendations made by persons who are registered with Aklamio in accordance with these Terms of Use (hereinafter referred to as "Users" or “You”) for products and services offered by operators of online shops (hereinafter referred to as "Partners"). The Aklamio Service is accessible via the webpage of the Partners as well as through the Aklamio website www.aklamio.com (hereinafter referred to as "Website"). Users can recommend the Partners’ products and services to third parties (hereinafter referred to as “Customers”) using the Aklamio Service. If upon such recommendation, Partner and Customer enter into a commercial transaction, as described below, the User receives a previously defined reward from Aklamio for its recommendation, under these Terms of Use. Alternatively, Users may purchase products or services from certain Partners participating in Aklamio’s Cashback service for themselves through the Aklamio Service and receive a previously defined Cashback from Aklamio (hereinafter referred to as "Cashback"). The following Terms of Use apply between Aklamio and any User of Aklamio.

2. The Aklamio Service may only be used by natural persons that are at least 18 years old. By accepting these Terms of Use, You declare that You are a natural person and at least 18 years old.

3. By accepting these Terms of Use, You commit to use the Aklamio Service only for purposes that are not related to commercial or self-employment activities. A commercial purpose exists when recommendations are made regularly and in larger volumes with the intention of earning a regular profit.

4. If You intend to use the Aklamio Service for a commercial purpose at the time of registration with Aklamio or if You demonstrate such an intention after registration, You, by accepting these Terms of Use, commit to inform Aklamio about this fact immediately in writing. Aklamio reserves the right to exclude You from the use of the Aklamio Service, to terminate the agreement with You without notice, or to authorize such commercial use on an individual case-by-case basis.

5. When using the Aklamio Service, Users act independently and are not subject to any directions from Aklamio. Users are solely responsible for complying with any laws, regulations, statutory provisions, including relevant tax laws and trade law regulations that apply to them.

6. The use of the Aklamio Service is free for users.

§2 Parties

1. Aklamio is not a representative of its Partners. Therefore, by entering into an agreement based on these Terms of Use between the User and Aklamio, no legal relationship between the User and a Partner is formed.

2.The purchase of goods, services or other transactions on the webpage of a Partner by Users or Customers is a separate legal transaction between such User or Customer and the Partner; Aklamio is not a party to this legal transaction. Claims arising under this legal relationship can only be brought against the Partner.

§3 Registration and Entering into Agreement

1. To be able to use the Aklamio Service, You must register and create an Aklamio account. In order to register, You must fill out the registration or recommendation form provided by the Aklamio Service and fully agree to these Terms of Use. You should also take note of the privacy policy of Aklamio (http://www.aklamio.com/en/privacy) which is referred to during the registration process.

2. Each User may only register once. The User is obliged to provide truthful information in the fields of the registration form.

3. Registration can be done via the Website, as well as in connection with making a recommendation for the first time using the Aklamio widget, which is integrated into the webpage of the Partners.

4. Upon full registration, the User submits an offer to enter into a contractual relationship with Aklamio on the basis of these Terms of Use. The agreement between the User and Aklamio is concluded only with the confirmation of the registration by Aklamio by sending a confirmation email. Aklamio reserves the right to reject a registration request without giving any reason.

5. The Aklamio Service is carried out exclusively on the basis of these Terms of Use. Any other terms or conditions proposed by a User are hereby expressly excluded, if and to the extent those terms contradict or complement these Terms of Use. The permission to use the Aklamio Service is not transferable and strictly reserved for the registered User.

6. This agreement is entered into for an unlimited period of time.

§4 Revocation

1. You may revoke Your offer to enter into this agreement within 14 days without having to give any reasons. The revocation period starts on the date of this agreement and ends 14 days thereafter. To exercise Your revocation right, You must inform Aklamio (aklamio GmbH, Hagelberger Str. 11, 10965 Berlin, email: kündigung@aklamio.com ) unequivocally of Your intention to revoke this agreement (e.g. by mail, fax or email).

§5 Rewards Conditions

1. A reward will be paid (subject to § 6) only for a successful recommendation that meets the following conditions and was made using a media channel supported by Aklamio and the applicable rewards offer.
(1) The User can post or send a recommendation using one of the supported electronic media channels by clicking the respective button. Each recommendation, which has been generated in such way, contains a link created by Aklamio ("Referral Link") that is linked to the recommended product and Partner. Alternatively, the User can copy the Referral Link and use it for its intended purpose in accordance with these Terms of Use (especially taking into account the obligations in § 7). In such cases, a recommendation shall be deemed successful if:

  • the Customer follows such a Referral Link during the validity of the rewards offer (§ 5 No. 4),
  • directly (i.e. without delay and without visiting other website(s) in between) upon the clicking of the Referral Link by the Customer, such Customer and the recommended Partner enter into an agreement for the purchase of the recommended product or service specified in the rewards offer,
  • the transaction between the Customer and Partner fulfills the additional conditions referred to in the respective rewards offer,
  • the causation of the transaction between Customer and Partner by such recommendation is traceable by the cookie stored at the Customer’s browser (to this end, the Customer’s browser must permit cookies), and
  • the Customer is not identical to the recommending User.

(2) Certain rewards offers provide that the rewarded transaction between Partner and Customer may alternatively take place via telephone order or in an authorized retail store. In such cases, a recommendation shall be deemed successful if:
  • the User generates the appropriate Referral Link and uses it for its intended purpose in accordance with these Terms of Use,
  • the Customer follows such a Referral Link during the validity of the rewards offer (§ 5 No. 4) and takes notice of the displayed recommendation code,
  • the Customer and the Partner enter into an agreement for the purchase of the recommended product or service, with the Customer stating the recommendation code and the Partner registering such code,
  • the transaction between Customer and Partner fulfills the additional conditions referred to in the rewards offer, and
  • the Customer is not identical with the recommending User.
If provided for in the rewards conditions, instead of using the Referral Link, the User may provide the Customer with her email address used for registering with Aklamio and consent to its disclosure to the Partner for matching purposes.

2. In addition to rewards for recommendations, certain Partners may offer rewards (subject to § 6) if You purchase something for Yourself in the Partner’s online shop via the link provided for this purpose on the Website ("cashback"). For a purchase to be rewarded, the following conditions must be met:

  • The transaction between the You and the Partner is made using the cashback button on the Website, the Aklamio Cashbar, or other services provided by Aklamio during the validity of the rewards offer (§ 5 No. 4),
  • directly (i.e. without delay and without visiting other website(s) in between) upon Your clicking on the cashback button on the Website and the subsequent routing to the Partner’s online shop, You and such Partner enter into an agreement about the product or service specified in the awards offer,
  • the transaction between You and Partner fulfills the additional conditions referred to in the respective rewards offer, and
  • the transaction between You and the Partner is being tracked and transmitted by the Partner and recorded by Aklamio.

3. You may share in the rewards earned by those new Aklamio Users that You have previously referred to Aklamio (“Tell-a-Friend Offer”). The referral of new Users in connection with this offer shall exclusively be rewarded with a participation in the rewards' validly earned by such referred User in accordance with these Terms of Use, but not with a separate, independent reward claim.
(1) To use the Tell-a-Friend Offer on the Website, You must share the special Referral Link provided thereon with the person You would like to refer. The referred person must (i) follow the Referral Link during the validity of the Tell-a-Friend Offer and (ii) register with Aklamio for the first time in accordance with § 3 of these Terms of Use directly after following the link.
(2) A person who earns a reward based on Your Partner or product recommendation and, in connection therewith, registers with Aklamio for the first time as new User, shall also be deemed a newly referred User for purposes of the Tell-a-Friend Offer.
(3) In all cases, the referral must meet the following additional conditions:

  • Aklamio confirms the registration of the new User,
  • the referred person is not identical with You and has not previously registered with Aklamio,
  • the referred person earns a reward pursuant to above § 5 No. 1, 2, and
  • the referral meets any other condition stated in the Tell-a-Friend offer.

(4) The participation in a reward of a referred User under the Tell-a-Friend Offer is only available if the applicable rewards offer, on which the reward is based, provides for the option of the referring User to receive the reward in full (and not for a mandatory sharing or payout of the reward with/to the referred User).
(5) Your amount of participation in rewards of a User You referred is stated in the applicable Tell-a-Friend Offer on the Website. The participation is for a limited time only: eligible are only such rewards, which the referred User has earned during the time period specified in the Tell-a-Friend Offer, but in any event no later than within the first year following the registration as new User with Aklamio.

4. The User acknowledges that rewards offers are subject to change at any time and are only valid for a limited time. Rewards offers may also be limited with respect to the number of eligible recommendations. A reward can only be earned if and to the extent that, at the time of the transaction between Partner and Customer (or User, as the case may be) taking effect, (i) the rewards offer is still valid and (ii) the applicable reward conditions that are in effect at the time the agreement is taking effect are met.

5. Applicable are exclusively rewards offers as they are stated on website of the relevant rewards offer at the time of the transaction between Partner and Customer (or User, as the case may be) taking effect.

§6 Payment Conditions

1. Aklamio creates a rewards account for each User after successful registration, to which earned rewards will be credited. Aklamio regularly informs You about the current status of Your rewards account by email and You can see this information at any time in Your account information.

2. For each successful referral in accordance with § 5 No. 1 and each successful purchase in accordance with § 5 No. 2, as the case may be, the reward specified in the rewards offer will be temporarily credited to the User's account and marked as "pending".

3. A pending reward becomes payable only if the following conditions are met with respect to the corresponding transaction between Partner and Customer (in the case of recommendations) or Partner and User (in the case of cashback):

  • The transaction is not rejected, revoked, cancelled or rescinded by the Partner, User or Customer or otherwise terminated (whether unilaterally or by mutual agreement),
  • full and timely payment of the purchase price invoiced by the Partner by the Customer (in the case of recommendations) or by the User (in the case of cashback) to the Partner,
  • acceptance of the ordered goods or services by the Customer or User, as the case may be,
  • any statutory or contractual cancellation or revocation period having elapsed,
  • the transaction meets any additional conditions specified in the rewards offer, and
  • confirmation of the effectiveness of the transaction by the Partner to Aklamio.

4. After the conditions specified in § 6 No. 3 have been met, the reward will be credited to the rewards account and marked as "confirmed". If one or more of the requirements referred to in § 6 No. 3 are permanently missed, the corresponding "pending" reward will be canceled and marked as "rejected".

5. As soon as the amount of confirmed rewards has reached the minimum amount of 1 Euro (or 1 GBP, 1 CHF, 1 USD, as the case may be), You can demand payment of Your rewards in Your account. Payments are exclusively made by wire transfer to accounts at banks within the SEPA-region (“single euro payments area”) or via the payment service PayPal. You may incur fees charged by Your bank, in particular if You wish payment in a currency other than Euro or the local currency of the SEPA member country where Your bank is located. Aklamio is not responsible and will not reimburse You for such fees.

6. Upon the payout of a reward by Aklamio to the bank account (or Paypal account, respectively) specified by You, You release and discharge Aklamio of and from all claims for payment with respect to the respective rewards, even if the account does not belong to You.

7. Any objections to the balance or other details of the rewards account must be made by You in writing or by email within six (6) weeks at the latest after receipt of the email containing the rewards account status. Any failure to raise an objection in a timely manner shall be deemed an approval of the rewards account balance. Aklamio will point out this consequence to the User when informing him about the rewards account balance. You may request an adjustment of the rewards account balance after the six weeks period, but then must prove Your claim that a reward earned by You was not credited or not credited in full. The cancellation right of Aklamio according to § 6 No. 9 of these Terms of Use remains unaffected.

8. Any and all claims for payment of a confirmed reward are barred, if the User within one (1) year after confirmation of such reward (i) has not requested a payout of the respective reward and (ii) has not used the Aklamio Service.

9. Rewards may be canceled by Aklamio, if a payout would be unreasonable for Aklamio due to a breach of contract by the User, in particular if (i) the User violates any of his obligations under § 1 and § 7 of these Terms of Use, (ii) the User (in the case of cashback) or the Customer (in the case of recommendations) violates the terms of use of the Partner, (iii) the User uses the Aklamio Service to obtain rewards in an improper or fraudulent manner inconsistent with the purpose of the Aklamio Service or (iv) the reward conditions or the payout conditions have not been met. In the case of abuse or violation of these Terms of Use Aklamio may, in its sole discretion, retroactively cancel rewards without notice. Canceled rewards are marked as "rejected".

10.The User acknowledges that a small number of recommendations and purchases may not be properly recorded by Aklamio or a Partner for technical reasons, including but not limited to (i) errors during the loading of websites, (ii) the disabling of cookies in the User’s browser, (iii) the use of Adblockers, (iv) the cookie stored by Aklamio being overwritten due to the visit of other websites or (v) other technical disruptions of the Aklamio Service or the Partner’s websites. In these cases, the User has no payment claim against Aklamio, but may request an adjustment via his account.

11. You may submit reward adjustment requests through the applicable option in Your reward account. The request must be made within the time period specified in the respective rewards offer, but in any event no later than within three (3) months following (i) the date of the transaction between the Partner and Customer (or User, respectively) or (ii) the rejection of the reward by Aklamio, as the case may be.

12. The User may not assign or transfer individual or all rights and obligations under this agreement without Aklamio’s prior written consent.

13. No interest is payable on credited rewards.

§7 User Content

1. Aklamio may, at its sole discretion, permit You to post, upload, publish, enter or transmit data or content, like text or photos, for public view on the Website (hereinafter referred to as "User Content"). By providing User Content on the Website, You grant Aklamio a worldwide, non-exclusive, transferable, sub-licensable and royalty-free license to use such User Content in connection with the Aklamio Service and to edit, distribute, reproduce, transmit or make publicly available such User Content. This license ends when You delete the respective User Content or Your Aklamio account.

2. You are solely responsible for User Content You provide. By providing User Content You confirm that (i) You either have the exclusive rights pertaining to the relevant User Content or that You have all rights, licenses, permits and approvals necessary to grant Aklamio the rights to use the respective User Content pursuant to § 7 para. 1; and (ii) the provision of the respective User Content on the Website is lawful, and in particular does not violate any laws or any rights of any third party.

3. You agree not to provide any User Content that violates public morals. In particular, Your User Content must not contain pornographic, violent, discriminatory, abusive, racist or defamatory representations.

4. Aklamio has the right to remove Your User Content without prior notice, if there is sufficient indication that the public disclosure of the relevant User Content violates any laws, regulations, moral standards and/or infringe any third party rights.

§8 Obligations of the User

1. You may use the Aklamio Service only in accordance with applicable laws and in accordance with these Terms of Use. In particular, You may not use the Aklamio Service for Your own advertising, other commercial offers or in the context of illegal or immoral content.

2. You may send recommendations via email, Facebook messages etc. using the Aklamio Service only to those persons and/or companies, which have expressly consented to receiving such recommendations from You.

3. You may not make changes to any content of the Website or other websites of Aklamio or its Partners or connect the Aklamio Service with third party services, websites, or content. You may not make any changes to the referral e-mails sent through the Aklamio Service; You may add additional information, but only in the context of Your personal message to the recipient of the recommendation, insofar as this added information is true, appropriate and not misleading.

4. You agree not to use any illegal or unethical means in connection with Your use of the Aklamio Service, in particular not to use means in the form of misdirection, deception, threat or coercion towards the recipients of Your recommendations. Also, You may not mislead about or conceal the fact that You receive a reward for a successful referral.

5. You are prohibited to use any trademarks or other rights (see section 11) of Aklamio or Partners of Aklamio, unless You received the permission to do so from Aklamio or the Partner, respectively.

6. You may not use links generated by Aklamio in an indecent or inappropriate manner. In particular, You may not (i) copy or post or advertise such links on racist, pornographic, violent or discriminatory websites or websites harmful to minors, or (ii) make use of LayerAd, ForcedClick or similar methods.

7. You may not use links generated by Aklamio on websites of Partners of Aklamio or on websites that are connected to the websites of Partners.

8. You may not use the Aklamio Service in any way harmful to Aklamio or its Partners. In particular, You may not use the Aklamio Service to send recommendations to Yourself or to fake successful recommendations.

9. You agree to provide only accurate and up-to-date data in connection with Your registration with Aklamio (§ 3) and/or the entering of Your payment details (§ 6). Any changes to this data must be communicated to Aklamio immediately. This particularly applies to data that You provide for the purpose of receiving rewards payments (like name and surname of the account holder, account number, bank code, etc.).

10. You are obliged to maintain Your Aklamio account login data secure and to protect Your personal password from being accessed by unauthorized third parties. All actions performed while logged on under Your password are considered to be actions made by You.

11. You may only register and maintain a single Aklamio account. If You register for multiple accounts, Aklamio reserves the right to terminate all such excess accounts without notice and to cancel any credit which may have accrued on such accounts.

12. You are solely responsible for the declaration, withholding, reporting and payment of any applicable taxes that incur in connection with the use of the Aklamio Service. Aklamio has the right to provide Your account information and transaction history to authorities, if and to the extent Aklamio has a legal obligation to do so.

§9 Availability

1. Aklamio uses great efforts to ensure the continuous availability of the Aklamio Service and the Website. Server availability has a monthly average of 98%. However, Aklamio cannot guarantee unlimited availability.

2. Aklamio reserves the right to carry out maintenance work between 10:00pm and 6:00am (central European time). As a result, the availability of the Aklamio Service and the Website may be restricted or limited during that time.

§10 Responsibilities

1. Unless otherwise stated in these Terms of Use, including the following provisions, Aklamio can be held liable for breaching contractual or non-contractual obligations according to applicable statutory law.

2. Aklamio can be held liable for damages due to intentional and grossly negligent conduct. For negligent conduct Aklamio can only be held liable for:

  • (i) the compensation of damages resulting from the injury of life, bodily injury or health, or
  • (ii) the compensation of damages resulting from the breach of a material contractual obligation (i.e. an obligation, the fulfillment of which is essential for the proper performance of the agreement and on the compliance of which the other party regularly relies); in this case, however, the liability of Aklamio is limited to the compensation of the foreseeable, typically occurring damage.

3. The limitations on liability pursuant to § 10 para. 2 do not apply to the extent Aklamio has assumed a guarantee or is otherwise liable according to mandatory law, e.g. the German Product Liability Act (Produkthaftungsgesetz).

4. Aklamio is not liable for any damages caused by its Partners. Warranty claims with respect to defects of products or services purchased from a Partner may only be asserted against such Partner.

5. Aklamio is not liable for links generated by Aklamio that are used or modified by the User in violation of these Terms of Use, in particular in case of an infringement of the rights of third parties. § 254 of the German Civil Code (BGB) remains unaffected.

6. Aklamio assumes no liability for the correctness and completeness of the content provided on the Website. In particular, Aklamio is not liable for the descriptions and representations of products, services, Partners, and rewards. § 254 BGB remains unaffected.

7. Aklamio assumes no liability for the availability of products and/or services offered by the Partners.

8. Aklamio assumes no liability for the reliability and performance of its Partners, or for the quality of the products and services offered by its Partners.

9. Aklamio assumes no liability for the deliverability and/or the physical or electronic receipt of a recommendation by the recipient.

10. The Partner is solely responsible for the confirmation of a reward offered for a transaction on his website; Aklamio does not assume any liability with respect to the confirmation of a reward by the Partner or the timeliness of such confirmation.

§11 Data protection, Property Rights

1. You are encouraged to read Aklamio’s privacy policy that governs the protection of personal data by Aklamio.

2. All rights pertaining to the Website and its content, any Partner’s website and its content, internet domains, the technology underlying the Aklamio Service and trademarks and logos of Aklamio or its Partners, as well as all copyrights, database rights and name rights, design, utility and patent rights, and all licenses to use such Rights that currently exist or will be created, granted or transferred in the future, are hereinafter referred to as “Rights”. Aklamio (or its Partners, respectively, with regard to the websites operated by such Partners, including the content of such websites and the Partners’ logos) is the exclusive owner of all Rights. These Terms of Use do not grant or transfer any Rights to Users. Aklamio grants the User a personal, limited, non-exclusive, revocable and non-transferable right to use Aklamio Service in accordance with these Terms of Use. This right of use ends with the end or termination of this agreement between You and Aklamio. The User undertakes not to reproduce, copy, impersonate, modify, decompile, exploit or use any content or technologies protected by these Rights, or make it available to third parties, without prior written consent from Aklamio or its Partners, respectively, unless such use is consistent with these Terms of Use and the intended use of the Aklamio Service.

§12 Termination

1. This Agreement may be terminated without cause by either party with three (3) days notice. The right to terminate with cause without notice remains unaffected.

2. Aklamio has the right to terminate this Agreement without notice if You breach any of Your obligations referred to in § 1, § 7 and § 8, and to block Your Aklamio account with immediate effect.

3. The termination must be made in writing or by email. You must send Your termination notice to the address or email address stated in § 4. Aklamio will send any termination notice to the email address specified by You during registration.

4. Upon effectiveness of the termination, Aklamio disables and deletes the User’s Aklamio account and blocks the access of the User to the Aklamio Service.

§13 Modifications

1. Aklamio has the right to enter into new cooperations with Partners or to terminate existing cooperations with Partners at any time.

2. Aklamio reserves the right to change the Aklamio Service at any time, provided such change does not affect material performance obligations.

3. Aklamio may change these Terms of Use at any time with effect for the future. Changes of these Terms of Use will be communicated no later than four (4) weeks prior to their taking effect to registered Users by email and will be made available on the site. The changes shall be deemed accepted by the User, unless the User explicitly objects in writing to particular within two (2) weeks after receipt of such email. Aklamio will point out this consequence in its email.

§14 Miscellaneous

1. This Agreement including these Terms of Use are exclusively governed by German law, expressly excluding the rules of the United Nations Convention on Contracts for the International Sale of Goods (CISG) and excluding the German principles of conflict of laws, provided that if the User is consumer within the meaning of § 13 of the German Civil Code (BGB) and is domiciled with the European Union, mandatory consumer protection laws of such EU member state, in which the User has its permanent residency, shall remain unaffected.

2. If any provision of these Terms of Use is invalid in whole or in part, the validity of the remaining provisions of these Terms of Use shall remain unaffected. The invalid provision shall be replaced with a provision that comes as close as possible to achieving the objectives which the invalid term was meant to achieve.

3. The place of the fulfillment of all contractual obligations is Berlin.