Terms and Conditions for business customers
Conditions of participation for the partner program
1 Basic provisions
(1) The following terms and conditions apply between tinydomo – a brand of Hybristar Deutschland GmbH, Kirchstraße 23, 03172 Guben, Germany (hereinafter referred to as “Operator”) and participants in the affiliate program (hereinafter referred to as “Affiliate”) for their participation in the affiliate program.
(2) The contract language is German. The complete text of the contract is not saved by the operator. Before submitting the registration form, the Affiliate’s data can be printed out or electronically saved using the browser’s print function.
(3) Participation is only possible for entrepreneurs.
(4) An entrepreneur is any natural or legal person or a partnership with legal capacity that acts in the exercise of its independent professional or commercial activity when concluding a legal transaction. Proof of this can be requested from the operator.
(5) Employees of the Operator or of a company affiliated with the Operator are not entitled to participate in the Partner Program unless an independent company can be proven.
2 Subject of the partner program, advertising material, voucher codes
(1) The Operator offers participation in its affiliate program via the website www.tinydomo.com/partner-werden , under which affiliates can recruit customers for the Operator in return for a commission. Participation is free of charge.
(2) The Operator provides the Affiliate with the following advertising material free of charge, which can be advertised by the Affiliate:
a) A personalized website (a copy of the website tinydomo.com with limited functions) with the Affiliate’s data on a subdomain (e.g. www.nachname.tinydomo.com) with forwarding to the Operator’s online store. This website personalized for the Affiliate is equipped with a so-called dashboard – exclusively accessible to the Affiliate – with which the Affiliate has an overview of all purchased and paid products in the Operator’s online store redirected from his personalized website at all times.
b) digital print data of a personalized product flyer with the subdomain of its personalized website and the Affiliate’s data, which the Affiliate can have printed by the online print shop wirmachendruck.de in the desired quality and quantity at its own expense and use, for example, for mailbox insertion or display in various locations. When displaying the product flyer, the Affiliate must observe existing laws, such as the consent of the owner of the location; the Affiliate is solely and fully liable for this and expressly indemnifies the Operator against all third-party claims asserted in this context. This also applies to the costs of any legal representation of the Operator required in this context. The Operator reserves the right to pass on the Affiliate’s data to injured third parties or their representatives in order to clarify any legal infringements.
The content of the personalized website and the product flyer is expressly determined by the operator in order to ensure the correct product descriptions of the operator’s products and compliance with legal regulations.
c) In order to best ensure that potential buyers who have been recruited by the Affiliate via its personalized website and/or its personalized product flyer order the Operator’s products in the Operator’s online store redirected by the Affiliate’s personalized website and not on personalized websites of other Affiliates or directly in the Operator’s online store, the Affiliate shall also be provided with a personalized voucher code on its personalized website and product flyer, which can only be redeemed in the Operator’s online store redirected via the Affiliate’s personalized website. When the voucher code is redeemed, the respective product is always at least 5% cheaper than in the operator’s direct online store at tinydomo.com.
The personalized website, product flyer and voucher code provided are voluntary services of the operator, to which the affiliate expressly has no legal claim against the operator.
In addition, the operator reserves the right to limit the validity of voucher codes or to revoke them completely.
(3) In addition to a free subdomain pursuant to § 2 (2a), the Operator shall also provide the Affiliate with so-called top subdomains for use for a limited period of time for a fee, as follows:
Subdomains that contain the name of a federal state of the Federal Republic of Germany, such as www.bayern.tinydomo.com, for an annual usage fee of 5,000 euros.
A list of the 16 federal states of the Federal Republic of Germany can be found under the following link: List of German federal states by area – Wikipedia
Subdomains that contain the name of a government district of the Federal Republic of Germany, such as www.oberbayern.tinydomo.com for an annual usage fee of 2,500 euros.
A list of the 19 government districts of the Federal Republic of Germany can be found under the following link: Regierungsbezirk – Wikipedia
Subdomains that contain the name of a city in Germany, such as www.muenchen.tinydomo.com, for an annual usage fee of 1,000 euros.
You can find a list of the 2057 cities and municipalities that have city rights in Germany under the following link: List of cities in Germany – Wikipedia
The contract concluded between the parties for fee-based top subdomains runs for an indefinite period and can be terminated by either party with a notice period of 4 weeks to the end of the fourth quarter. It shall be automatically extended by a further year if the contract is not terminated within the aforementioned period. This does not affect the right to extraordinary termination for good cause. Good cause shall include, in particular, a breach by the Affiliate of these Conditions of Participation. The right to assert further claims for damages remains reserved in all cases. Notice of termination must be given in writing by registered letter.
The annual usage fee for the top subdomains described above is due as follows and is to be paid by the Affiliate to the Operator:
For the first year (in the year of application) when the order confirmation/invoice is sent by the operator to the affiliate within 10 days of the invoice being sent. For subsequent years, on the day following the end of the previous year of use and sending of the invoice by the operator to the affiliate within 10 days of sending the invoice.
(4) The Operator shall pay the Affiliate a performance-related commission for the advertising of customers in accordance with the following provisions.
3 Formation of the contract
(1) The operator’s offer to participate in the affiliate program on the website www.tinydomo.com/sales-partner-werden does not constitute a binding offer to conclude a contract, but an invitation to submit a registration (offer of the potential affiliate – hereinafter referred to as “interested party”). The interested party registers for the affiliate program on the website www.tinydomo.com/sales-partner-werden by filling out the corresponding registration form and submitting it via the “Register now and start immediately!” button.
(2) By submitting the registration via the “Register now and start immediately!” button, the interested party submits a binding offer to the operator. The acceptance of the offer and thus the conclusion of the contract for participation in the partner program takes place by confirmation of registration in text form (e.g. e-mail). If the interested party has not received confirmation of registration within 14 days, he is no longer bound by his registration.
4 Commission, limitation period
(1) The Affiliate shall receive a performance-based commission for each customer it refers who has made a product purchase from the Operator and has paid for the purchased product in full to the Operator (hereinafter referred to as “New Customer”).
(2) A new customer shall be deemed to have been recruited by the Affiliate if the new customer has purchased a product in the Operator’s online store forwarded by the Affiliate’s personalized website and has paid for it in full.
(3) The entitlement to payment of the commission only arises when the respective new customer has paid the operator in full for the purchased product.
(4) If the new customer makes use of his statutory right of withdrawal or if the contract concluded between the operator and the new customer becomes invalid in any other way, the affiliate’s commission claim shall be deemed not to have arisen; the operator reserves the right to cancel the commission reserved on the basis of the invalid contract or to reclaim any commission already paid out. In this case, the Operator reserves the further right to offset the commission already paid out for this new customer against future commissions.
(5) The amount of the commission is 5% of the net invoice amount plus statutory VAT. The net invoice amount results from the net purchase price at the time of the conclusion of the purchase between the operator and the new customer less all discounts granted at the time of the conclusion of the purchase, e.g. redeemed voucher codes
(6) The operator reserves the right to change the amount of commission. The amended commission rates shall be sent to the Affiliate by e-mail at least 14 days before they come into force. If the Affiliate does not object to the validity of the new commission rates within 14 days of receipt of the e-mail, the amended commission rates shall be deemed to have been accepted. The Operator shall make separate reference to the significance of this 14-day period in the e-mail containing the amended commission rates.
(7) The Affiliate’s commission claims shall become time-barred after one year. The period begins when the claim arises, but not before the Affiliate has knowledge of the facts giving rise to the claim.
5 Settlement and payment of commission
(1) Payable commissions can be viewed in the login area of the Affiliate’s personalized website. The commission generated by the Affiliate shall be settled and paid out monthly by the 15th of the following month.
(2) The Affiliate agrees that the commission shall be settled exclusively by electronic means. Electronic invoices or credit notes shall be sent to the Affiliate by e-mail in PDF format to the e-mail address stored in the partner portal. The Affiliate must always ensure that the e-mail address stored in the partner portal is correct and that the receipt of e-mails is technically ensured and not prevented by SPAM filters.
(3) The commission shall be paid out via the means of payment selected by the Affiliate. The Operator is under no obligation to check the data provided in this context. In particular, there is no obligation to check whether the Affiliate and the payee match. In addition, the Affiliate is obliged to regularly check that the information provided is up to date and to notify the Operator of any changes immediately.
(4) The Affiliate is obliged to check the commission statement immediately and with due care and to report obvious defects in writing within 2 weeks of becoming aware of them or having the opportunity to become aware of them; timely dispatch is sufficient to meet the deadline. This shall also apply to hidden defects discovered later from the time of discovery. The assertion of further claims is excluded in the event of a breach of this obligation to give notice of defects. § Section 377 HGB applies accordingly.
(5) If it becomes apparent within 4 weeks of receipt of the statement in accordance with paragraph 1 that the Affiliate’s commission claim has not arisen or has not arisen in the amount billed, the incorrect statement can be corrected by the Operator. Commission payments already made to the Affiliate based on an incorrect statement must be repaid to the Operator immediately upon receipt of the corrected statement. In this case, the Operator reserves the further right to offset the commission already paid out for this new customer against future commissions. It is the Affiliate’s responsibility to check that the new customers they have acquired are correctly recorded in the login area of their personalized website and to contact the Operator in the event of any discrepancies.
6 Obligations of the Affiliate
(1) The Affiliate is obliged to use the advertising material provided by the Operator exclusively in the form provided by the Operator and not to change it. The frequency of advertising material is at the discretion of the Affiliate. The Operator shall inform the Affiliate of any adjustments to the advertising material by e-mail. The Affiliate is obliged to implement the adjustments immediately.
(2) The Affiliate is prohibited from advertising the advertising material provided to him by the Operator on sites that contain content that is harmful to minors, pornographic, glorifies violence, is extremist, offensive, illegal or similar, or that refer to or advertise such content. It is also prohibited to advertise the advertising material provided to him by the Operator on sites that infringe the rights of third parties (in particular copyrights, naming rights, trademark rights) or violate existing laws; the Affiliate is solely and fully liable for this and expressly indemnifies the Operator against all claims asserted by third parties in this connection. This also applies to the costs of any legal representation of the Operator required in this context. The Operator reserves the right to pass on the Affiliate’s data to injured third parties or their representatives in order to clarify any legal infringements.
(3) The Affiliate undertakes to advertise the advertising material made available to it by the Operator in accordance with the applicable statutory regulations, in particular consumer protection regulations.
(4) The Affiliate is prohibited from sending third parties unsolicited e-mails (spam) and thereby advertising the advertising material provided to him by the Operator or using the advertising material or voucher codes provided by the Operator.
The Affiliate is only permitted to advertise services by e-mail if the respective recipient has previously expressly and verifiably consented to receiving the e-mails in the form of a double opt-in and the e-mails comply with the statutory provisions, in particular if they have a complete signature. The Operator reserves the right to require the Affiliate to provide proof of consent via double opt-in.
(5) The Affiliate is still prohibited from doing so,
- to present the advertising material or voucher codes provided by the operator or the products in connection with a competition;
- to use the designation “tinydomo” and other protected designations or trademarks of the Operator or companies affiliated with the Operator in the context of search engine marketing or to bid on them;
- to directly advertise the voucher codes provided by the operator within the framework of search engine marketing;
- to redesign the advertising material provided by the operator in such a way that the reader/user is given the impression that it is the advertising material of the operator or of a company affiliated with the operator;
- to force the website visitor to click on links or advertising material (“forced clicks”) in connection with the advertising provided by the operator;
- invisibly integrate the advertising material provided by the operator or a company affiliated with the operator in order to generate a cookie for the website visitor;
- iFrames, pop-ups, pop-unders and layer advertising media that load an advertising medium or websites of the operator or a company affiliated with the operator and set a cookie for the user without the user’s involvement;
- log into so-called “adware networks” (e.g. Zango or Hotbar).
(6) The Affiliate is prohibited from making changes to browsers, in particular in the form of plug-ins or other software, which are intended to redirect a website visitor away from websites of the Operator or a company affiliated with the Operator or to set an Affiliate cookie. Any use of plug-ins or other software used to advertise the products must be agreed with the operator in advance. If such plug-ins are already in use, the Affiliate must inform the Operator immediately. Further use is only permitted after approval by the operator.
(7) The data collected by the Affiliate as part of the partner program, in particular personal data of new customers, may not be used by the Affiliate for other (own) purposes.
(8) The Affiliate is obliged to provide the necessary data required by the Affiliate Program in full and to regularly check that it is up to date. Otherwise the commission cannot be paid out.
For the purposes of this regulation, it is necessary to provide the full company name, address, tax number or VAT ID and, if applicable, a reference to the small business status.
(9) All commissions earned from the partner program must be reported by the Affiliate to the responsible tax office. This also includes commissions in the form of vouchers or special credits. In these cases, the operator does not assume any flat-rate taxation.
7 Termination
(1) The contract concluded between the parties for participation in the partner program runs for an indefinite period and can be terminated by either party with a notice period of 4 weeks to the end of the month. The right to extraordinary termination for good cause is not affected by this. Good cause shall include, in particular, a breach by the Affiliate of these conditions of participation. The right to assert further claims for damages remains reserved in all cases.
(2) Any notice of termination must be given in writing by registered letter.
(3) The contracting parties are entitled to revoke their declaration of termination within 4 weeks of receipt. The revocation must be in text form and shall take effect at the time it is received by the other contracting party. In the event of an effective revocation, the contractual relationship shall be deemed not to have been terminated and shall be continued under the previous contractual conditions.
(4) After termination of the contract, the Affiliate must refrain from any use of the advertising material provided to him by the Operator.
8 Liability
(1) According to the current state of technology, data communication via the Internet cannot be guaranteed to be error-free and/or available at all times. In this respect, the operator is not liable for the constant or uninterrupted availability of the website and the products or services offered there or the availability of the personalized website made available to him by the operator.
(2) The operator shall be liable without limitation for damages resulting from injury to life, body or health, in all cases of intent, gross negligence and in all other cases regulated by law. Insofar as essential contractual obligations are affected, the liability of the operator in cases of slight negligence is limited to the foreseeable damage typical of the contract; liability for damage not typical of the contract, consequential damage and loss of profit is excluded. Essential contractual obligations are essential obligations that arise from the nature of the contract and whose breach would jeopardize the achievement of the purpose of the contract as well as obligations that the contract imposes on the operator according to its content in order to achieve the purpose of the contract, the fulfilment of which makes the proper execution of the contract possible in the first place and on whose compliance the Affiliate may regularly rely. In the event of a breach of insignificant contractual obligations, liability for slightly negligent breaches of duty is excluded.
9 Place of performance, place of jurisdiction
German law shall apply to the exclusion of UN law. The place of performance is the registered office of the operator in Germany.
10 Amendment of the conditions of participation
The operator reserves the right to change these conditions of participation at any time. The amended terms and conditions will be sent to the Affiliate by email at least 14 days before they come into force. If the Affiliate does not object to the validity of the new conditions of participation within 14 days of receipt of the e-mail, the amended conditions of participation shall be deemed to have been accepted. The Operator shall make separate reference to the significance of this 14-day period in the e-mail containing the amended terms and conditions.
Last update: 06-2025