1a) The affiliate advertises for and recommends CleverReach® on his website or other channels to direct attention to CleverReach® and thus to win new customers for them.
1b) New customers in this sense are customers who have not yet been a customer by CleverReach®, have stumbled upon the advertising space of the affiliate to CleverReach®, do not use the interface to Afterbuy and have closed a contract or agreement with CleverReach®.2.CleverReach® Services
2a) The affiliate receives a commission for each new customer (see paragraph 1) led from them to CleverReach®. Tax base for the commission are generated and collected revenues from new customers that have been won.
2b) CleverReach® uses appropriate technical tracking systems, to ensure that the number of customers which have been brought from the affiliate to CleverReach® can be traced.
2c) CleverReach® provides the affiliate a monthly statement of all clients referred by him, the chosen rates, and a commission summary. CleverReach® calculates each statement to the 15th of the following month for the past month and creates a sum of proper earned credit amount/ earned commission. The payment amount must be at least $15 in order for the commission to be able to be paid out. CleverReach® will promptly pay the credit amount to the affiliate.3. Responsibilities of the Affiliate
The affiliate agrees to keep his information in the user account up-to-date, in particular his email address and his bank account details. CleverReach® explicitly states that legal declarations, e.g. changes to contract conditions or cancellations, can be sent via email. Disadvantages for the affiliate or for CleverReach® suffered due to the afilliate's lack of updating will be charged to the affiliate. CleverReach® is especially not liable for suffered pecuniary loss due to incorrect banking information.4. Term
4a) The referral partnership will run for an indefinite period of time. It may be terminated from both sides, at any time without being obligated to provide a reason. 4b) An active partnership will initially run for a period of 3 months. It may be terminated from both sides, at the end of the month with a notice period of one month, at any time without being obligated to provide a reason. The right of extraordinary termination remains unaffected.5. Abuse
Any form of abuse, i.e. the achievement of business transactions through unfair methods or inadmissible means that are against the law, these terms and conditions, any additional program-specific terms and conditions, and the principle of CleverReach® Affiliate program, is prohibited.
5a) It is especially prohibited for the affiliate to try to obtain compensation (earnings) in that he directly or through third parties, uses the CleverReach® affiliate program advertising materials he has obtained, such as tracking links and/or other mechanical means in one or more of the following practices:
5f) Any form of abuse leads to an immediate blocking of the account. Within one month of the blocking, a letter of objection may be submitted in written form in order to clarify the facts. If the facts do not, however, speak in favor of the affiliate, CleverReach® will have to issue a notice of termination of the affiliates account/membership. Moreover, unfair induced transactions will terminate the affiliate's right to claim any payments. The affiliate agrees to pay for each case of culpable violation costs determined and considered reasonable by CleverReach® or in case of a dispute, the penalty amount determinded by a court. The penalty is a maximum of the confirmed credit amount existing on the account at the point of time of when the account was initially blocked.6. Discretion/Data Privacy
The parties will not disclose information to any third parties about the entire contents of this contract and any known information won during the term of the cooperation, and must hold any information in strict confidence and abide to the data protection rules. This applies even after the termination of the contract. The parties must ensure that the fraudulent use by third parties is excluded.7. Final Provisions
7a) German law shall apply to the contractual relationship.
7b) Changes and modifications to this contract have to be made in writing. The same applies for the waiver of the written requirement. Additional oral agreements will not be made.
7c) If any part of this Agreement should be ineffective, the remaining contract shall nevertheless remain valid. The parties in this case, should replace the invalid terms by actual valid regulations or terms. The same applies to the case of a loophole in the contract.
7d) Rights and obligations under this contract can not be changed in any form by restructuring or transformation of the parties, even if it leads to an outsourcing of parts or creation of new entities.
In the following we would like to inform you about how we process your personal data in accordance with Art. 13 of the General Data Protection Regulation (GDPR).
CleverReach GmbH & Co. KG is responsible for the data collection and processing explained in this policy. You can find our contact data in our imprint.
Usage data & log files
When you visit our web pages, temporary so-called usage data are stored on our web server for statistical purposes as a protocol to improve the quality of our web pages. This data set contains:
These log data are only stored anonymously. We store this log data strictly earmarked for a maximum of seven days to be able to detect, limit, and eliminate attacks on our websites. We delete these data at the end of this period. The legal basis is Art. 6 (1) (f) GDPR.
To protect your data from unwanted access as comprehensively as possible, we take technical and organizational measures. We use encryption on our pages. Your information is transmitted from your computer to our server and vice versa via the Internet using TLS encryption. You know this by the fact that the lock symbol is closed in the status bar of your browser and the address line starts with https://.
When processing your personal data, GDPR grants you as a website user certain rights:
1. Right of access by the data subject (Art. 15 GDPR):
You have the right to obtain from the controller confirmation as to whether personal data concerning you are being processed; if this is the case, you have a right to access this personal data and to all information specified in Art. 15 GDPR.
2. Right to rectification and erasure (Art. 16 and 17 GDPR):
You have the right to request the immediate rectification of inaccurate personal data concerning you and, if necessary, the completion of incomplete personal data. You also have the right to obtain the immediate erasure of personal data concerning you if one of the reasons specified in Art. 17 GDPR applies, e.g. if the data is no longer required for the purposes pursued.
3. Right to restriction of processing (Art. 18 GDPR):
You have the right to request a restriction on processing if one of the conditions set out in Article 18 GDPR applies, e.g. if you have lodged an objection to processing, for the duration of any examination.
4. Right to data portability (Art. 20 GDPR):
In certain cases, which are listed in Article 20 of GDPR, you have the right to receive personal data concerning you in a structured, commonly used and machine-readable format or to request the transmission of this data to a third party.
5. Right to object (Art. 21 DSGVO):
If data is collected on the basis of Art. 6 (1) (f) GDPR (data processing to protect legitimate interests), you have the right to object to the processing at any time for reasons arising from your particular situation. We will then no longer process your personal data unless there are demonstrably compelling reasons worthy of protection for the processing which outweigh the interests, rights and freedoms of the data subject, or the processing serves to assert, exercise or defend legal claims.
6. Right to lodge a complaint with a supervisory authority
According to Art. 77 GDPR, you have the right of appeal to a supervisory authority if you believe that the processing of data concerning you violates data protection regulations. The right of appeal may be exercised in particular before a supervisory authority in the Member State where you are staying, working or suspected of infringing.
Our company data protection officer will be happy to provide you with information or suggestions on the subject of data protection:
Dr. Uwe Schläger
datenschutz nord GmbH
Phone: +49 421/696632-0
To use our affiliate program, you have to register first. We store and use your personal data, which you transmit in the course of your registration, on the basis of Art. 6 (1) (b) GDPR exclusively to process your partner commissions and to get in touch within the scope of the partner program. We will store your data until you object to its storage by sending an email to firstname.lastname@example.org and expressing the wish to terminate your partnership. If there are no legal retention periods, your data will be deleted within 10 days after your objection. We will use your email address to notify you of the status of your commissions or to send you corresponding credit vouchers. If after your registration there is an obligation to provide us with your payment data (e.g. account number for payments), this data is required for payment processing. Payment transactions via the usual means of payment (PayPal, direct debit) are made exclusively via an encrypted SSL or TLS connection. In the case of encrypted communication, the payment data you transmit cannot be read by third parties.
For the implementation of our affiliate program we use the software solution Pareba, offered by Active Response UG (limited liability) & Co. KG, Koeppstrasse 1, 45721 Haltern am See, Germany. Your data will be stored and processed on servers hosted by Active Response within the EU. We have concluded a contract with the above-mentioned service provider for order processing in accordance with Art. 28 GDPR, with which we oblige the provider to protect our customers' data and not to pass it on to third parties.
The commission rate depends on your status. Usually the commission starts at 10% and increases dynamically when you have reached a certain number of conversions.
When you reach a commission amount of 250 US$ you will automatically receive a monthly credit note by the 15th of the respective month. You can find the receipt in your account under "Accounting".
Via the menu item "Reports & Statistics" you will get a detailed overview of all the customers you have acquired.
Promotional channels are used to monitor and manage the pages on which you promote CleverReach®. Create and manage your channels under My Account > Promo Channels. If you promote us on Facebook in addition to your website or blog, we recommend you to create a promo channel "Facebook" and another channel for your website. Please add the direct URL to your channel under "Link", e.g. "https://www.twitter.com/MYCHANNEL" or "https://www.MYSUCCESSFULBLOG.com". The description is intended for internal purpose only.
Assign each channel to the promotional material you want to use. Go to the menu Banners or via Programs & Promo Material > Banners and assign the channel where you want to use the promotional material. Under Statistics > by channels you now have the option of directly evaluating, or filtering the respective channel as a dropdown in the respective daily/monthly/yearly statistics.
Under the menu item Reports & Statistics you can see the conversions in detail along with the respective commissions. For data privacy reasons, you will not receive any details about the person you have acquired.
On November 18, 2019, our free plan is replaced by the Lite Plan. The free Lite Plan offers some of our features only to a limited extent.
To have all features fully available, we introduce a new flat rate. Our Flat Rate 250 is coming at a price of 9€ and offers CleverReach® customers with up to 250 recipients full availability of features as well as an unlimited sending volume. It’s suitable for frequent mailers, advertisers and communicators with up to 250 recipients.Your Advantages:
The limitations in our Lite Plan will encourage customers to switch to a paid plan, e.g. our new flat rate 250. Use your chance to communicate the new Flat 250 with all its advantages and thus increase your revenues.
We also expect new customers to switch from the free and limited price plan to a paid plan after a trial period and not just when they have more than 250 recipients.
Restrictions in the free Lite Plan: