Terms and conditions of the HORAiZON partner program

Participation in the partner program is free of charge.

Eligible to participate are natural persons of legal age as well as legal entities acting within the scope of their commercial or self-employed professional activity.

HORAiZON may accept or reject applications to the partner program at its own discretion. There is no entitlement to participation.

The partner is obliged to provide complete and truthful information when registering and, in particular, to keep the data required for payout and tax accounting up to date.

Partners may recommend HORAiZON to potential new customers and use an individual partner link, partner code or other attribution methods provided by HORAiZON for this purpose.

If a qualified referral results in a paid contractual relationship between a new customer and HORAiZON, the partner receives a commission in accordance with these terms and conditions.

A referral qualifies if

1. the referred customer is not yet a paying customer of HORAiZON at the time of the referral,
2. the customer can be clearly attributed to the partner within the applicable attribution period,
3. the customer enters into a paid contract for a commissionable HORAiZON service, and
4. HORAiZON has actually received the corresponding payment from the customer.

In particular, there is no entitlement to a commission for existing customers, self-referrals, artificially generated sign-ups or other abusive referrals.

HORAiZON may also exclude a referral from commissioning if it can be demonstrated that specific individual contract negotiations were already being conducted with that customer before the referral.

A referral is generally attributed via the individual partner link or the tracking technology used by the partner program.

The attribution window is 30 days from the last valid click on a partner link.

If a potential customer accesses partner links of several partners within this period, the most recently technically recorded valid partner link is generally taken into account (“last click”).

After the 30 days have elapsed, attribution ends unless the customer has been permanently attributed to a partner by then.

Once a paid contract has been successfully concluded, the customer is permanently attributed to the relevant partner within the meaning of section 5.

Attribution requires that it could be recorded in a technically and legally permissible manner under data protection law. If the necessary tracking technologies are blocked by the user or the required consents are not given, automatic attribution may not be possible.

Manipulation of tracking — in particular cookie stuffing, hidden redirects, automated clicks, iframes, artificially generated clicks or comparable methods — is prohibited.

For every customer qualifiedly attributed to them, the partner receives a commission of

10% of the commissionable net revenue.

The commission is generally granted for the entire duration of the paying customer relationship (“lifetime commission”).

“Lifetime” refers to the period during which the referred customer purchases paid services from HORAiZON. It does not refer to the lifetime of the customer or the partner.

Ordinary termination of participation in the partner program generally does not affect the commission entitlement for customers properly referred before the termination. This does not apply in the event of extraordinary termination for fraud, manipulation or a material breach of these terms and conditions.

If HORAiZON discontinues the partner program for new referrals altogether, customers validly attributed up to the time of discontinuation remain commissionable.

If a referred customer cancels their paid usage, the commission entitlement ends when the paying customer relationship ends.

If the same customer later reactivates their customer account and can still be clearly attributed to the originally referring partner, the commission entitlement revives, provided the customer has not in the meantime been validly attributed to another partner.

Commissionable net revenue is the amount actually collected by HORAiZON for commissionable services excluding VAT or comparable taxes.

The calculation takes into account, in particular:

• discounts and vouchers actually granted,
• credit notes,
• refunds,
• chargebacks and reversed payments, and
• other subsequent reductions of the fee owed by the customer.

Payment processing fees, for example the fees of a payment service provider, do not generally reduce the commissionable net revenue.

Unless expressly stated otherwise, recurring software fees, plan upgrades and paid add-ons belonging directly to HORAiZON are commissionable.

Not commissionable are, in particular, VAT and other taxes, services provided free of charge, as well as individually agreed third-party services or external costs, unless these are expressly designated as commissionable.

A commission entitlement only arises once the relevant customer payment has been successfully received by HORAiZON.

If a customer payment that has already been commissioned is later refunded, charged back or otherwise cancelled in whole or in part, the commission attributable to it is corrected accordingly.

Commissions already paid out may be offset against future commission entitlements.

Where there is reasonable suspicion of fraud, abuse, chargebacks or any other breach of these terms and conditions, HORAiZON may temporarily withhold the commission concerned until the matter has been clarified.

Commissions are billed monthly with no minimum payout amount.

Payout takes place after the end of the respective billing month via the payout method stored by the partner.

For partners with a bank account within the euro area, payout is generally made by bank transfer to the account specified by the partner.

If payout by this route is not possible, an alternative payout method may be agreed individually between the partner and HORAiZON. The partner bears any additional fees and costs arising from the alternative payout method. HORAiZON is entitled to deduct these fees and costs directly from the commission to be paid out.

The partner is responsible for the accuracy and currency of their payment and tax details.

The commission is understood as net remuneration. Insofar as the partner is required to charge VAT or a comparable tax on their services, this is taken into account additionally in accordance with the applicable tax regulations.

HORAiZON may settle accounts using the self-billing procedure, provided this has been agreed with the partner and the statutory requirements for it are met. The partner provides HORAiZON with the necessary tax information for this purpose.

The partner is responsible for properly taxing their commission income and for fulfilling any required obligations under trade, tax or social security law.

Using the partner program to reduce one's own HORAiZON costs is not permitted.

In particular, there is no commission entitlement where the partner and the referred customer are economically or personally identical, or where the referral primarily serves the purpose of obtaining a commission on one's own purchases.

Identical or obviously related companies, payment details, contact details or user accounts may be taken into account in this assessment.

Referrals of genuinely independent customers of a partner, for example clients of an agency or consultancy, are generally permitted.

The partner designs their advertising for HORAiZON on their own responsibility and at their own expense.

Advertising must be truthful, factually correct and compatible with the applicable statutory provisions.

In particular, the partner must

• not make false or misleading statements about HORAiZON, its products, features, prices or services,
• not guarantee results or successes not assured by HORAiZON,
• not create the impression of being an employee, commercial agent or official representative of HORAiZON,
• not unlawfully disparage or denigrate HORAiZON or its employees, customers or competitors, and
• not place advertising in an environment that promotes unlawful content or infringes the rights of third parties.

Information on prices, products and services must correspond to HORAiZON's current offering.

The partner is obliged to transparently disclose the commercial nature of their advertising and their economic relationship with HORAiZON in accordance with the applicable statutory provisions.

Where labelling is required, it must be clearly and immediately recognizable to the user addressed, for example by an unambiguous label such as “advertising” or “ad”.

The partner is responsible for complying with the labelling and transparency obligations applicable to the medium they use.

Without HORAiZON's prior express consent, the following methods are prohibited in particular:

• spam or impermissible bulk advertising,
• unsolicited email, SMS, messenger or telephone advertising,
• purchased or artificially generated traffic,
• click exchange, paid-to-click or comparable systems,
• pop-ups or automatic redirects that trigger a partner link without a deliberate action by the user,
• cookie stuffing or other manipulation of attribution,
• malware, adware, spyware or browser manipulation,
• misleading vouchers or discount campaigns not authorized by HORAiZON, and
• other methods that violate applicable law or the terms of use of the platform used.

Without HORAiZON's prior written consent, the partner must not run paid search advertising on

• “HORAiZON”,
• trademarks or product names of HORAiZON,
• obvious spelling variants or typos of these terms, or
• combinations of these terms with words such as “voucher”, “discount”, “code” or comparable terms.

The partner must also not use HORAiZON's trademarks or product names in domains, subdomains or social media usernames without consent where this could create the impression of an official HORAiZON offering.

Partners may only advertise vouchers, promotional codes and discounts that HORAiZON has expressly made available to them for use within the partner program.

Offers that are no longer valid must be removed promptly or clearly marked as expired.

The partner must not invent or publish purported vouchers, discounts or special conditions in order to induce users to click a partner link.

For the duration of participation, the partner receives a simple, non-exclusive, non-transferable and revocable right to use the trademarks, logos, links and advertising materials released by HORAiZON for the partner program, exclusively for promoting HORAiZON within the partner program.

Any use, modification or transfer beyond this requires HORAiZON's consent.

All rights to trademarks, logos, software, texts, graphics and other content remain with HORAiZON or the respective rights holders.

The partner is responsible for complying with the data protection regulations applicable to their own marketing activities.

Personal data of potential customers may only be collected, processed or transmitted to HORAiZON if there is a sufficient legal basis for doing so.

In particular, the partner must not enter personal data of third parties into HORAiZON systems, or otherwise transmit such data to HORAiZON, without their authorization.

The processing of the partner's data by HORAiZON is additionally governed by HORAiZON's privacy policy.

HORAiZON may review referrals and commissions where there are indications of fraud or manipulation.

Abuse includes, in particular:

• artificially generated customer accounts,
• self-referrals,
• falsified identities,
• manipulated tracking data,
• automated sign-ups,
• artificially generated traffic,
• collusive purchases whose primary purpose is to generate commission, and
• other circumventions of these terms and conditions.

Where intentional abuse is proven, the commissions concerned may be forfeited in full and participation in the partner program may be terminated extraordinarily.

Participation in the partner program does not establish an employment relationship, a partnership, a commercial agency or any other authority to represent.

The partner acts independently and on their own account.

The partner is not entitled to conclude contracts, make declarations or enter into obligations on behalf of HORAiZON.

The partner may terminate their participation in the partner program at any time.

HORAiZON may terminate participation by ordinary notice of 30 days.

The right of both parties to terminate extraordinarily for good cause remains unaffected.

Good cause for HORAiZON exists in particular in the case of fraud, manipulation of tracking, intentional legal violations, or material or repeated breaches of these terms and conditions.

In the event of ordinary termination, customers properly referred up to the point at which the termination takes effect remain commissionable in accordance with section 5.

In the event of a justified extraordinary termination due to an intentional or serious breach by the partner, commission entitlements may lapse insofar as they are based on the breach in question or on the referral effected through it.

Entitlements that have already lawfully arisen and are unrelated to the breach remain unaffected.

HORAiZON may change these terms and conditions and the partner program with effect for the future, provided there is an objective reason for doing so.

Partners will be informed of material changes with reasonable advance notice.

Changes to the commission rate generally apply only to customers newly referred after the change takes effect. For customers already validly attributed before that, the commission rate applicable at the time of their referral continues to apply, unless expressly agreed otherwise.

HORAiZON endeavours to operate the partner program and the associated tracking reliably.

However, uninterrupted technical availability cannot be guaranteed.

If a customer cannot be automatically attributed to a partner due to technical limitations, blocked tracking technologies or missing necessary consents, there is generally no entitlement to a particular attribution in the absence of other clear proof of the referral.

HORAiZON may retroactively correct obvious technical errors.

HORAiZON is liable without limitation in cases of intent and gross negligence, for damages arising from injury to life, body or health, and in other cases of mandatory statutory liability.

In the event of slightly negligent breach of material contractual obligations, liability is limited to the foreseeable damage typical for this type of contract.

Otherwise, liability for damage caused by slight negligence is excluded to the extent permitted by law.

The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods.

If the partner is a merchant, a legal entity under public law or a special fund under public law, the registered office of HORAiZON is the place of jurisdiction for disputes arising from or in connection with the partner program, to the extent permitted by law.

Should individual provisions of these terms and conditions be or become invalid in whole or in part, the validity of the remaining provisions remains unaffected.

Questions about the partner program can be directed to:

Full details of the commercial register entry, management and VAT ID can be found in the imprint.