The Firstload Affiliate Program - A Circle of Profit.
Terms & Conditions

Firstload Partner Program - General Terms and Conditions

Revised on: 16th January 2013 

The Firstload Partner Program is an offer of USEPRO FZE, , Ajman Free Zone, 40262 Ajman, United Arab Emirates, Member of the Ajman Chamber of Commerce (hereinafter: Firstload). For questions the members of the Partner Program (hereinafter: Partners) may contact and discuss with a service partner of Firstload in Austria all questions regarding the Partner Program, who will pay, on behalf of Firstload, the commissions earned by the Partner. The contact data of the service partner can be retrieved at any time via the website of the partner program at http://www.firstload.com/partner/ (hereinafter referred to as: Website).

§ 1 General regulations
  1. These General Terms and Conditions (hereinafter: GTC) shall apply to the contract concluded between Firstload and the Partner. By registering for the Partner Program the Partner accepts the GTC as amended at the time of registration. The Partner may retrieve, print or save the GTC from the Website at any time.

  2. Firstload expressly reserves the right to modify or amend these GTC. The new GTC shall enter into force if and when the Partner, after having received a change notice, logs on to the Website by its username and password (hereinafter: Access Data) for the first time and has not objected to the new GTC via e-mail beforehand. If the Partner objects, the GTC applicable before the change shall continue to apply.

  3. Firstload shall be entitled to transfer rights and duties under the contract concluded with the Partner to one or several third parties. If Firstload makes use of this option, the Partner shall be notified thereof by Firstload via e-mail at least two weeks prior to the intended assignment. In that case the Partner shall be entitled to terminate the contract without observing a period of notice of termination.

§ 2 Registration requirements
  1. Only persons of age may register as Partners. Consequently, person who have not attained the age of 18 shall not be allowed to participate in the Firstload Partner Program. The Partner shall be obliged to prove his/her being of age to Firstload on request. There shall be no entitlement to participation in the Firstload Partner Program. Firstload shall be entitled to reject applications for registration for the Partner Program without stating a reason.

  2. Communication between Firstload and the Partner relating to the contract shall exclusively be made via e-mail. Consequently, the Partner shall be obliged to state a valid e-mail address and shall inform Firstload of changes of his/her e-mail address without request. Any statements of Firstload relating to the contract shall be sent to the e-mail address the Partner advised to Firstload and shall be deemed received even if Firsload has sent the statement but the statement has not reached the Partner because the Partner failed to inform Firstload of a change of his/her e-mail address. This shall also apply if a statement of Firstload has not reached the Partner because of a closed, full or otherwise non-functional mail box, unless the Partner is able to prove that s/he is not responsible for the failure. Statements of the Partner relating to the contract shall always be sent to the e-mail address affiliate@firstload.net.

  3. The Partner shall be obliged to fill in the form for registration for the Partner Program on the Website correctly and completely. Firstload needs the information asked for in the form to ensure correct registration of the Partner and of the mandatory data required for carrying out the Partner Program. The Partner shall be obliged to immediately make any changes of data advised to Firstload that occur after his/her registration by means of the relevant form in the restricted area of the Website him/herself or to immediately inform Firstload of these changes via e-mail. At Firstload's request the Partner shall be obliged to prove correctness of information transmitted by him/her, e.g. by submitting a copy of his/her identity card or driving licence.

§ 3 Subject-matter and conclusion of contract
  1. Registration for and participation in the Firstload Partner Program shall be free of charge for the Partner. Upon successful registration for the Partner Program every Partner shall be given an opportunity to advertise the Usenet accesses offered by Firstload with the advertising means permitted according to Clause 4. For every user who registers with Firstload for a test access to Usenet via the advertising means used by the Partner, the Partner shall receive a commission from Firstload as laid down in Clause 5.

  2. The contract between Firstload and the Partner shall be concluded upon acceptance by Firstload of the Partner's registration for the Partner Program. For that purpose the Partner shall at first fill in the application form on the Website in compliance with Clause 2.2 and Clause 2.3, choose a user name and a password and then push the "Register now" button. Firstload shall confirm receipt of the application for registration via e-mail without delay. At the same time or in a separate e-mail message Firstload shall send the Partner a confirmation that s/he was accepted as Partner in the Firstload Partner Program.

  3. The Partner shall not be entitled to claim a certain functionality or design of the Partner Program from Firstload. Firstload may redesign the Partner Program at any time by replacing, extending or changing functionality and design, provided that the service agreed with the Partner at the time of conclusion of the contract can still be provided by Firstload. Firstload reserves the right to discontinue the Partner Program in whole or in part. In the case of discontinuation of the Partner Program Firstload shall pay any commissions still owed.

  4. The Partner may log into the restricted area of the Website (hereinafter: Partner Area) at any time by using the Access Data chosen by him/her. In the Partner Area the Partner may inspect and update the data stored about him/her, retrieve advertising means for generating user contacts, retrieve statistics on the use of advertising means used by him/her and the user contacts so generated, check his/her commission account and request payment of the commissions earned.

  5. The Partner shall be obliged to keep his/her Access Data to the Partner Area secret. Disclosing Access Data to third parties shall be prohibited. Access Data shall be used exclusively by the Partner himself/herself. The Partner shall be liable for misuse of Access Data by third parties, unless the Partner is not responsible for such misuse. In the case of loss of the Access Data the Partner shall immediately inform Firstload via e-mail.

§ 4 Advertising by the Partner
  1. In the Partner Area, Firstload shall provide the Partner with different advertising means. Upon agreement with Firstload, the Partner shall also be entitled to use advertising means designed by himself/herself.

  2. The advertising means provided shall only be used on the Partner's website or the website of third parties. Advertising via newsletter or e-mail is prohibited. The Partner shall acquire from Firstload a non-exclusive right which shall be limited to the term of participation in the Partner Program to reproduce and to make accessible to the public the advertising means provided by Firstload.

  3. The Partner may use several advertising means at the same time and may also participate in the partner programs of other providers at the same time. If costs arise from using such advertising means, they shall be borne by the Partner. The Partner shall be allowed to advertise in the "Google AdWords / AdSense" program only upon Firstload's prior written consent.

  4. When using the advertising means designed by the Partner himself/herself and the advertising means provided by Firstload, the Partner shall be obliged to comply with the relevant applicable statutory provisions, in particular regarding competition law, copyright law, trademarks, personal rights and criminal law in the Partner's home country and in the country in which the Partner advertises. The Partner shall, in particular, be prohibited from (a) advertising by unfair commercial practices according to Annex I to the Directive concerning unfair commercial practices (2005/29/EC), (b) advertising via instant messaging, (c) advertising in forums and/or newsgroups without the prior consent to such advertising from the operators and/or administrators of the forums and/or newsgroups, (d) advertising by promising a kick-back or other benefit to be granted by the Partner and/or a third person in the case that this person registers for a Usenet access of Firstload and e) advertising in any social networks. Firstload reserves the right to define social networks in case of doubt. The Partner shall independently inform himself/herself about the applicable statutory provisions; Firstload shall not be obliged to provide clarification or information in this regard. Firstload shall not be responsible for the content of websites in which advertising means of the Partner are used in connection with the Partner Program or for advertising means designed by the Partner himself/herself.
    The Partner is solely responsible for accuracy and currentness of information pertaining Firstload.
    Providing cancellation forms and the like to end-users is prohibited and will result in an immediate ban of the affiliate in question.

  5. If the Partner violates any of the afore-mentioned obligations of Clauses 4.2, 4.3 or 4.4, Firstload shall be entitled to block the Partner's access to the Partner Area and to suspend the Partner's ID until the facts have been clarified. This shall also apply if Firstload possesses specific information about such breaches of duties by the Partner. In that case Firstload shall inform the Partner and give the Partner an opportunity to help in clarifying the facts. Firstload's right to terminate the contract without notice and to assert claims for damages against the Partner shall not be affected thereby.

  6. If other partners or third parties assert claims for damages, claims for a cease and desist order or other claims vis-à-vis Firstload because the Partner has violated one of the above-mentioned duties of Clauses 4.2, 4.3 or 4.4, the Partner shall indemnify Firstload against such claims, unless the Partner is able to prove that s/he is not responsible for the breach of duty. Indemnification of Firstload by the Partner shall also refer to those costs of Firstload which are necessary for Firstload's defence of the asserted claims. Regarding this right of indemnification Firstload shall be entitled to claim a right of retention of the commissions earned by the Partner but not yet paid to the Partner.

§ 5 Amount and payment of commissions
  1. To be able to identify user contacts generated by the Partner by means of advertising means, each Partner shall receive a Partner ID from Firstload, by which the Partner can be clearly identified and which the Partner shall use for every advertising means. By means of the Partner ID a connection will be established between the advertising means used by the Partner and a later registration of a user for a Usenet access with Firstload who found out about the test access because of the advertising means used by the Partner. Firstload will place a so-called cookie with every user who was solicited by advertising means used by the Partner. In this way it is possible to allocate contacts generated by the Partner to the Partner even days after the click on the advertising means used by the Partner.

  2. For every new user of a Usenet access offered by Firstload who was solicited by the Partner and clearly identified by the Partner ID given to the Partner (hereinafter: Sale), the Partner shall receive a commission from Firstload. For the purposes of these GTC new user shall mean any person who was no user of a Usenet access offered by Firstload up to three months prior to the registration arranged by the Partner. A commission shall be deemed earned if an effective contract has been concluded between the new user and Firstload according to Clause 2.2 of these GTC for Usenet accesses (http://www.firstload.com/agb.php) and the Partner did not violate his/her duties under Clauses 4.2, 4.3 and 4.4 when s/he generated the Sale.

  3. The Partner's membership shall commence upon successful registration for the Partner Program. During the term of the membership the Partner shall receive a commission in the amount of EUR 20 incl. VAT for every Sale.

  4. Payment of the commission earned shall be made on the 16th day of every month if the Partner requested such payment in the Partner Area by the day before. In case the 16th of the month falls on a public holiday or weekend, the payment shall be made on the following working day. The Partner shall be entitled to request payment of the commissions earned by him/her at any time provided that he/her has a minimum amount of EUR 300,00. Firstload shall transfer the commission to the account advised by the Partner at the time of registration or later in the Partner Area.

  5. Firstload reserves the right to make payment of the earned commission dependent on presentation of a recent proof of age and/or address by the Partner according to Clause 2. Until presentation of such proof by the Partner Firstload shall be entitled to withhold the earned commissions.

§ 6 Term of contract, termination of contract, contractual penalty
  1. The contract between Firstload and the Partner shall be concluded for an indefinite period of time. Either party shall have the right to terminate the contract via e-mail with immediate effect. Firstload shall pay commissions already earned by the Partner at the time of termination of the contract by the 16th day of the month following the month of termination of the contract provided that he/her has a minimum amount of EUR 300,00 remaining. The right of extraordinary termination of this contract with immediate effect for important reason shall remain unaffected thereby.

  2. If the Partner violates any of his/her duties under Clause 2 despite a warning by Firstload or any of his/her duties under Clauses 3.5, 4.2, 4.3 or 4.4 with no warning of Firstload being required in this respect, the Partner shall be obliged to pay to Firstload a contractual penalty in the amount of EUR 2,500 for any case of non-compliance, unless the Partner is able to prove that s/he is not responsible for the breach of duty. The Partner shall also be liable for breaches of duties by third parties and agents [Erfüllungsgehilfen und Verrichtungsgehilfen] commissioned by him/her, if any. Assertion of further claims for damages and the right to termination of the contract according to Clause 6.1 shall not be affected thereby.

§ 7 Liability of Firstload
  1. Within the technical possibilities Firstload shall take all reasonable measures to ensure availability and functionality of the Partner Program and the Partner Area, but shall not be liable for availability and functionality of the Partner Program and the Partner Area. Thus, maintenance, security or capacity matters or events of force majeure (failures of public communication networks, power failures, acts of God, fire, stroke of lightening) may lead to short-term failures or a temporary suspension of the Partner Program and/or of access to the Partner Area. Firstload.com may temporarily restrict access to the Partner Program and/or the Partner Area if maintenance of operational security, in particular prevention of serious disturbances or protection of the data stored, so require.

  2. Firstload shall neither be liable for damage not directly caused to the Partner by use of the Partner Program nor for any other pecuniary damage such as lost profit. For the rest, Firstload's liability shall be limited to compensation for damage which is foreseeable and typical of this type of contract. This limitation of liability shall not apply (a) to damages resulting from injury to life, limb or health caused by a negligent violation of duties by Firstload, a legal representative or agent of Firstload, and (b) to other damage caused by wilful or grossly negligent violation of duties by Firstload, a legal representative or agent of Firstload.

§ 8 Data protection
  1. Upon registration for the Partner Program Firstload shall collect, process and store the Partner's personal data in compliance with the provisions of data protection law to the extent necessary for carrying out the Partner Program including payment of commissions to the Partner and the assertion of claims, if any, vis-à-vis the Partner according to these GTC. Upon registration the Partner agrees to collection, storage and processing of his/her personal data by Firstload for the above-mentioned purposes.

  2. Firstload shall in no case pass on the Partner's personal data to third parties. This shall not include service partners Firstload uses for verifying address and bank data advised by the Partner and for paying commissions to the Partner. Transmission of data to service partners shall be in accordance with the provisions of data protection law; the extent of such transmission shall be limited to the minimum necessary.

  3. Upon full performance of the contract between Firstload and the Partner the personal data of the Partner stored by Firstload shall be deleted or, if Firstload is required to store such data for legal reasons, shall be blocked and deleted after expiration of the retention period. Firstload shall at any time provide the Partner with information on any and all data on the Partner which was collected, processed and stored by Firstload.

§ 9 Further provisions
  1. German law shall apply.

  2. The place of jurisdiction and the place of performance shall be Vienna. Firstload shall be entitled to hold the Partner liable in court at the Partner's place of residence or the place of the Partner's permanent establishment.

  3. If any provision of these GTC is ineffective, this shall not affect the effectiveness of the remaining provisions.

 

 

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