Our Affiliate Terms and Conditions

1.0 Preamble

The partner program on the website www.mmoga.com is offered by the company MMOGA Limited. For all partner contracts, only the following terms and conditions apply. These also apply to all future business relations, even if those are not particularly stipulated once again. The terms and conditions are accepted by registering with the partner program.

2.0
Varying terms and conditions of participants are noncommittal as long as they are not explicitly and accepted by www.mmoga.com in written form.

2.1 Conclusion of contract

A contract comes into existence as soon as www.mmoga.com accepts the registration of a participant. Employees of www.mmoga.com are not authorized to make side agreements in oral form or to give verbal warrants that exceed the content of the contract.

2.2
Minors (under-age persons) are barred from participating in the partner program.

3.0 Application / Registration

Every participant has to apply by registering with www.mmoga.com. During the registration process, the participant must state his name, or the name of the person that is authorized to represent a company, a valid post address (no post-office box), phone and fax number, and an eMail address. The participant is obligated to directly inform www.mmoga.com about modifications of these statements. If provided details are incorrect, www.mmoga.com is entitled to terminate the contract immediately.

4.0 Partners

4.1
Participants in the partner program are referred to as partners. These partners promote www.mmoga.com offers by advertising hyperlinks. Therefor, they receive compensation in accordance with the following regulations.

4.2
Participating in the partner program is free of charge for the partners. The choice of the provided advertising materials is at liberty to the partners. Utilized links may be removed or replaced at any time.

4.3

MMOGA reserves the right to change conditions either for all or single specific price check portals.

5.0 Variants

5.1
www.mmoga.com pays a certain amount that is to be determined by the partner for each assessment, according to the following clauses.

* Pay per sale:
Only customers which conclude a valid contract in the online shop of www.mmoga.com within 30 days after the mediation will be assessed. The assessment is a percentage of the contract value. If the concluded contract is non-effective or if it is countermanded or in another way revoked, the provision will be canceled.

5.2
The level of the amount of an assessment's value is predetermined by www.mmoga.com. This level may be modified by www.mmoga.com at any time with a respite of 3 work days, the minimum being 1%. Partners will be informed about a modification by www.mmoga.com immediately.

6.0 Logging and assessment

6.1
www.mmoga.com logs all clicks and collects statistics. The logs are available in the secured partner area.

6.2
The sponsors are obligated to include the HTML code provided by www.mmoga.com in their website, making the collection and logging of users that are redirected from websites of the partner (code obligation). Partners will be informed by www.mmoga.com about necessary technical modifications by mail. The partners are obligated to implement potential modifications immediately. Not installing, removing or manipulating the code entitles www.mmoga.com to terminate the contract with immediate effect.

6.3
The partner is solely responsible for the correct passing on of the referrer.

6.4
The default HTML codes for links, banners etc. provided by www.mmoga.com are not to be modified by partners. In case of modifications, www.mmoga.com is entitled to terminate the contract immediately.

7.0 Contractual penalty

7.1
In case of a deliberate attempt of a partner to affect the statistics and thus the amount of payment from the sponsor by employing substantial efforts of manipulation (see examples in paragraph 6), a contractual penalty in the amount of 3.500 EUR plus VAT becomes due. The same applies if a user that has previously been banned from the partner program due to repudiatory conduct participates in or attempts to re-enter the program by stating a false name and identity.

8.0 Payout

8.1
After the refund period of 2 weeks, at the first day of the month the provision that has been gathered until the end of the previous month will automatically be paid out by Paypal, Skrill or MMOGA Credit.

8.2
If the partner is subject to the German turnover tax, the payout takes place plus the legal German VAT. The partner is obligated to inform www.mmoga.com about modifications of him being subject to turnover tax immediately with evidence provided by the responsible finance authority. If, at the time of payout, no such evidence is available, the turnover tax is retained and paid on principle. A subsequent accounting is not possible for organizational and technical reasons.

8.3
As long as the monthly balance does not exceed 30 EUR, the payout takes place combined with the payout of the following month. Interest yield is not paid. If a partner gives notice to quit the contract prematurely, the balance is forfeited in favor of www.mmoga.com if the payable amount does not exceed 30 EUR, otherwise the payout takes place with the following accounting.

8.4
Provisions that make use of the MMOGA loyalty discount by enlisted persons with the customer status “Lifetime Patron” are not compensated, respectively subsequently canceled.

9.0 Notice of defects and warranty

Participants have to verify the service and accounting without delay. Obvious shortcomings must be reprimanded to www.mmoga.com in written form immediately. Such flaws that could not be instantly discovered despite careful examination, must be communicated to www.mmoga.com immediately after they have been discovered.

10.0 Termination

10.1
The contract may be terminated at any time within a period of 3 work days.

10.2
The right to dismiss the contract for exceptional and vital reasons remains intact. The attempt to influence the assessments according to contract entitles www.mmoga.com to terminate the contract without notice. This applies especially for mass self-made clicks, for the use of misleading links or illicit content, spam, manipulation or non-installation of the data collection code, or false statements. Further damage claims as well as especially the assertion of a contractual penalty according to paragraph 7 of this contract, and filing a demand for prosecution remain reserved in any case.

11.0 Technical defects

11.1
www.mmoga.com ensures an monthly average accessibility rate of the service at 95%. Within this period of time, the accounting via www.mmoga.com is guaranteed.

11.2
www.mmoga.com is not responsible for deliberate attacks on its servers and the internet from third parties (hackers, viruses, DoS attacks, etc.).

12.0 Prohibited contents

12.1
The dispatching of unsolicited eMail advertisements (Spam), the use of misleading links and the statement of false eMail addresses, names and data is prohibited.

12.2
www.mmoga.com does not verify the contents of partner sites and thus is not responsible for those. The participant must indemnify and hold harmless www.mmoga.com from any damage that arise for www.mmoga.com due to such a repudiatory breach of contract.

12.3
www.mmoga.com is entitled to terminate the contract immediately in case of such a fundamental breach of contract in this matter.

13.0 General limitation of liability

Damage claims against www.mmoga.com are excluded as long as deliberate or grossly negligent conduct or the violation of a fundamental contractual obligation do not apply. The same is valid for damage claims from indirect damages or such damages that result from flaws. Any liability is limited to damages that could be predictable at the time of contract conclusion and that are typical for such a case of damage.

14.0 Textual form

Clarifications to www.mmoga.com and modifications of the contract require the textual form (eMail, fax). This does also apply for the suspension of the textual form requirement.

15.0 Protection of privacy

The data of the participants is saved by www.mmoga.com for the purpose of contract processing and communication within the partner program. They are only used within the limits of contractual performance and neither passed on to third parties nor used for advertising purposes.

16.0 Salvatorious clause

Should a clause of these regulations be ineffective, the effectivity of all other regulations remains unaffected.