Partner Terms of Service

§ 1 Scope and Contractual Basis

(1) These Partner Terms supplement the General Terms of Service (AGB) of AfterCost – Firat Günenc (hereinafter "Provider"), available at aftercost.de/agb. The General Terms apply in their current version in addition to these Partner Terms.

(2) These Partner Terms apply to all users who hold a Partner account (partner type: Software Reseller or Merchant Agency).

(3) In the event of a conflict between these Partner Terms and the General Terms, the Partner Terms shall take precedence for partner-specific matters.

(4) The Partner Program is exclusively directed at entrepreneurs within the meaning of § 14 BGB (German Civil Code).

§ 2 Partner Types and Registration

(1) The Provider distinguishes two partner types: Software Reseller (referral of new customers via personal referral link) and Merchant Agency (management and support of merchant accounts on behalf of the respective merchant).

(2) Registration as a partner is carried out via an application at aftercost.de/partner. The Provider reviews each application personally and reserves the right to accept or reject it.

(3) The partner type is set at account creation and can only be changed by the Provider.

(4) The Partner is obligated to provide truthful company information and to keep it up to date.

§ 3 Reseller Referral Program

(1) Software Resellers receive a personal referral code from the Provider. This code is non-transferable.

(2) Attribution of a referral occurs via the personal referral link. An attribution is recognized when the referred merchant creates a paid account with AfterCost within 30 days of clicking the referral link.

(3) Commission terms are agreed individually between the Provider and the Reseller. There are no public standard rates.

(4) Prohibited are: self-referral, paid advertising using the "AfterCost" brand without prior written permission from the Provider, and any form of manipulation of attribution data.

(5) The Provider is entitled to revoke the referral code in the event of misuse or violation of these Partner Terms.

§ 4 Agency Access to Merchant Dashboards

(1) Merchant Agencies may request read-only access to a merchant's dashboard.

(2) Access requires the explicit approval of the respective merchant. No access is possible without consent.

(3) The merchant may revoke consent at any time with immediate effect. Upon revocation, the agency's access is terminated immediately.

(4) Agency access is strictly read-only. Modification of the merchant's data is technically excluded.

(5) Every access is documented in an immutable audit trail. The merchant may view the audit trail at any time under Settings.

(6) The merchant's Kaufland API keys are stored encrypted and are not visible to the agency.

(7) The Provider facilitates access technically but does not become a data processor for the agency. The agency is an independent data controller within the meaning of Art. 4 No. 7 GDPR for the data it views.

(8) The legal relationship between the agency and the merchant is the sole responsibility of the agency.

§ 5 Confidentiality and Data Protection

(1) The Partner is obligated to treat all data accessible through AfterCost as strictly confidential.

(2) The use of merchant data is permitted exclusively for the purpose of the service agreed with the respective merchant. Any use beyond this is prohibited.

(3) Sharing merchant data with third parties is prohibited.

(4) The Partner is obligated to comply with the requirements of the GDPR and to inform their own clients about data processing.

(5) If the Partner processes personal data of their merchant clients, they are obligated to conclude a separate Data Processing Agreement (DPA) with them.

(6) The Provider's privacy policy (aftercost.de/datenschutz) applies additionally.

§ 6 Partner Obligations

(1) The Partner is obligated to keep their profile information accurate and up to date.

(2) The Partner may not use AfterCost to compete directly with the Provider.

(3) Reverse engineering, scraping, or automated access beyond the provided interfaces is prohibited.

(4) Security incidents must be reported to the Provider within 24 hours.

(5) The Partner may not misrepresent their relationship with the Provider. The use of "certified partner" or comparable titles requires the express written permission of the Provider.

§ 7 Liability and Disclaimer

(1) The Provider is not liable for the agency's use of merchant data.

(2) The Provider does not warrant the accuracy of displayed data. § 9 of the General Terms applies accordingly.

(3) The Partner is liable for damages caused by a violation of these Partner Terms.

(4) The liability limitations from § 9 of the General Terms apply additionally.

(5) The Provider is entitled to suspend or terminate partner access for violations of these Partner Terms without prior notice.

§ 8 Duration, Termination, and Revocation

(1) The Partner Agreement is concluded for a term of 12 months. It is automatically renewed for successive 12-month periods unless terminated by either party with 3 months' notice prior to the end of the respective term.

(2) The right to extraordinary termination for good cause remains unaffected. Good cause includes, in particular, serious violations of these Partner Terms.

(3) Upon termination of partner status, referral codes are deactivated and existing agency links are revoked. Existing referral attributions remain in effect. Earned commission claims are not retroactively revoked.

(4) For referrals initiated during the contract term but converted to a paid account after contract end, commission entitlement exists for a period of up to 6 months after contract end (trailing period).

(5) For account deletion, § 7 of the General Terms applies.

§ 9 Commission Adjustment

(1) The Provider is entitled to adjust commission terms with 90 days' notice effective at the end of a calendar month. The adjustment will be communicated to the Partner in writing (email suffices).

(2) Adjustments apply exclusively to new referrals from the effective date. Existing commission entitlements from current referrals remain unaffected.

(3) If the Partner rejects the adjustment, the Partner has a special right of termination with 30 days' notice effective on the date the adjustment takes effect.

(4) Commission adjustments are permitted no more than once per 12-month period.

§ 10 Change of Control

(1) A change of control occurs when a third party acquires more than 50% of the voting rights or material assets of the Provider.

(2) The Provider shall inform the Partner within 14 days of a change of control.

(3) The Partner may terminate the agreement within 60 days of receiving the notification with 30 days' notice.

(4) Earned commission claims remain unaffected by a change of control.

§ 11 Legal Classification

(1) The parties acknowledge that AfterCost is a cloud-based software service (SaaS) and that the Partner facilitates access to a service, not to goods within the meaning of EU Directive 86/653/EEC.

(2) This Partner Agreement does not establish a commercial agency relationship within the meaning of §§ 84 et seq. HGB (German Commercial Code). The Partner is not permanently entrusted and is not subject to minimum sales targets, territory assignments, or non-compete obligations.

(3) A compensation claim pursuant to § 89b HGB is excluded.

(4) The Partner is free to promote and recommend products of other providers. There is no exclusivity obligation.

§ 12 Assignment

(1) The Partner may not transfer rights and obligations under this agreement to third parties without the Provider's prior written consent. This also applies to company sales and mergers.

(2) The Provider is entitled to transfer rights and obligations under this agreement to a legal successor in the course of corporate restructuring or a change of control.

§ 13 Final Provisions

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

(2) The place of jurisdiction is Nuremberg, provided the Partner is a merchant, a legal entity under public law, or a special fund under public law.

(3) Should individual provisions of these Partner Terms be or become invalid, the validity of the remaining provisions shall remain unaffected.