General Terms and Conditions of The Ambassador Programme
General Terms and Conditions of The Ambassador Programme
General Terms and Conditions of The Ambassador Programme
The following terms and conditions regulate the relationship of the Ambassador and Best Secret GmbH,
Margaretha-Ley-Ring 10, 85609 Aschheim, Germany (hereinafter: BestSecret) within the framework of the
Ambassador programme. By signing these conditions, the Ambassador declares his agreement:
1.3 Employees of the BestSecret I Schustermann & Borenstein Group are excluded from this Ambassador
Program. If you want to participate as an employee, please contact [email protected].
2.2 The Ambassador can decide how to promote the invitation code. Print and television advertising as well as the
creation of search entries on all platforms using the name of BestSecret or an affiliated company as well
as its own brands is expressly prohibited. The Ambassador shall adhere to principles of good faith when
acquiring new customers. Without limitation, the Ambassador shall refrain from the fraudulent acquisition
of new customers.
2.3 The Ambassador is responsible for their Advertising. The Ambassador undertakes to comply with all applicable
laws. Without limitation, the Ambassador shall not infringe the rights of third parties via Advertising and
shall comply with applicable statutory provisions. The Ambassador shall ensure that Advertising is
separated from editorial contributions and clearly marked as advertising and that no hidden advertising
links are included. Should the Ambassador send the invitation code by e-mail, the consent of the recipient
must be obtained in accordance with the provisions of the general data protection regulation before
sending e-mails and proof must be provided on request by BestSecret. Should third parties assert claims
against BestSecret due to the Advertising, for which the Ambassador is responsible,
1/5
the Ambassador will indemnify BestSecret. The obligation to indemnify also includes the costs of legal
defence.
2.4 If there is a suspicion that Advertising violates applicable law, the parties shall inform each other and remove
the Advertising concerned immediately from all social media channels or other websites.
2.5 BestSecret is entitled to indicate the Ambassador’s name in the new customer’s customer account as the
referring party.
3. Ambassador Programme
3.1 The Ambassador Programme grants the Ambassador various benefits depending on the number of followers
on the relevant social media channel:
The concrete advantages are agreed separately by BestSecret with the Ambassador.
3.2 Should the number of followers of the Ambassador increase or decrease, so that the Ambassador is upgraded
or downgraded in the Ambassador Programme, the Ambassador is obliged to inform
BestSecret immediately. The parties shall then adjust the benefits accordingly. BestSecret is not obliged
to automatically revise benefits. Any updates are prospective only.
3.3 BestSecret is entitled to demand return of any improperly obtained benefits if the Ambassador failed to inform
BestSecret of any downgrade in the Ambassador Programme.
3.4 BestSecret reserves the right to demand the return of any previously granted benefits in case of breaches of
contractual or legal provisions or any form of misuse.
2/5
4. Rights of use
Should the Ambassador be advertised on the BestSecret website, on BestSecret’s social media
channels or in any other way by BestSecret, the Ambassador assigns - after mutual agreement - to
BestSecret the right to use any image material made available without limitation as to time, place or
content, in particular to reproduce, distribute, exploit and adapt it. BestSecret is likewise entitled to use
the name of the Ambassador, their social media channel or self-operated website as well as other
provided information about the Ambassador.
5. Renumeration
5.1 Commission
5.1.1 The Ambassador will receive a commission of 7% of net sales from new customers for all net sales
generated by the acquired customer relationship. Net sales is the value of the delivery without
value added tax, and after deduction for discounts and for returns.
5.1.2 The commission period during which the Ambassador will receive a commission for net sales by
new customers is 12 months from the new customer’s registration with BestSecret. The right to
receive commission expires after this period.
5.1.3 If the Ambassador wishes to be anonymised in accordance with the provisions of data protection law
before the official end of the commission period, the right to receive a commission lapses
prematurely at the time of anonymisation.
5.1.4 The right to receive a commission is dependent upon payment by the customer. The right to receive a
commission lapses upon determination that the new customer has not paid (in full).
5.1.5 BestSecret reserves the right to demand the return of any previously granted commissions in case of
breaches of contractual or legal provisions or any form of misuse.
5.1.6 Commissions are redeemable until the end of the third year after receipt.
5.1.7 The Ambassador can either use the commission as a shopping voucher for BestSecret or the
commission can be paid out at the end of a quarter.
5.1.8 BestSecret reserves the right to pay commissions only when a minimum amount of EUR 250.00 has
been reached.
5.1.9 If the commissions are paid out, the Ambassador is obliged to invoice its services for each calendar
quarter within one month after the end of the calendar quarter in a timely manner. If the
Ambassador operates commercially the invoice must also be issued in accordance with the
requirements of the VAT system directive (EU directive) or in accordance with German VAT law.
3/5
5.2 Shopping Voucher
5.2.1 BestSecret reserves the right to grant the Ambassador a shopping voucher for BestSecret independent
of clause 5.1.
5.2.2 The Ambassador is obliged to issue an invoice in this respect. If the Ambassador operates
commercially the invoice must also be issued in accordance with the requirements of the VAT
System Directive (EU Directive) or in accordance with German VAT law.
5.3 Miscellaneous
5.3.1 All renumeration is understood to be gross remuneration in the tax law sense.
5.3.2 The Ambassador is responsible for the tax treatment of his renumeration and is required to remit
applicable taxes and charges themselves.
5.3.3 BestSecret reserves the right to deduct a legally prescribed capital gains tax from the agreed
remuneration in appropriate cases.
5.3.4 The parties agree that all services provided by the Ambassador are fully compensated upon payment
of the renumeration. This also applies to the grant of any rights of use related to BestSecret.
6.2 Notice of termination and/or the end of this agreement does not affect the right to a commission for previously
acquired new customers.
6.3 The foregoing is without prejudice to the right to terminate the contract without notice for good cause.
7.2 BestSecret reserves the right to terminate the Ambassador Programme as a whole.
7.3 The Conditions are subject to German law, excluding the United Nations Convention on Contracts for the
International Sale of Goods (UN Sales Law/CISG).
7.4 Exclusive place of jurisdiction for all disputes arising out of or in connection with the Ambassador Contract shall
be Munich, Germany.
4/5
7.5 BestSecret reserves the right to change these conditions if there are objective reasons. The Ambassador will
be notified of any changes in advance with sufficient notice. If the Ambassador does not object to the
changes within the specified time period, the changes will be considered as approved. This is explicitly
pointed out to the Ambassador in the communication. If the Ambassador does not agree with the
changes, he can terminate the Ambassador Contract with immediate effect. Alternatively, BestSecret
can also obtain the Ambassador's express consent to changes in these conditions.
7.6 Should one or more provisions of these General Terms and Conditions be invalid, the remaining provisions
shall remain unaffected. Instead of the ineffective regulations, the legal regulations shall apply.
By signing, I declare that I have read and agree to the terms and conditions of the
Ambassador Program.
Split, 25.6.2020
Place, date
5/5