Pantercon PartnerNet

General Terms and Conditions (GTC) – Pantercon PartnerNet

Preamble

These General Terms and Conditions govern the use of the “Pantercon PartnerNet” platform. The operator of the service is the association Startup Pantercon (hereinafter the “Operator”). Pantercon PartnerNet is a purely technical platform on which Partners (also referred to as Vendors) - advertisers, merchants, manufacturers or service providers - offer products or services and create campaigns within the network.

Promoters (also referred to as Affiliates) are publishers, influencers or other traffic providers who promote Partner offers and generate tracked actions such as clicks, leads or sales.

The Operator does not offer any goods or services and is not involved in the contracts concluded between Partners and Promoters.

For the purposes of these GTC, the terms ‘Partner’ and ‘Vendor’ are used interchangeably. Likewise, the terms ‘Promoter’ and ‘Affiliate’ are used interchangeably.

1 Scope / Role of the Operator

1.1 The Operator provides Pantercon PartnerNet exclusively as a technical infrastructure. The purpose is to facilitate contacts and provide tracking, link and analysis functions. The Operator does not become a party to the contracts concluded between Partners and Promoters. The network, the interface and the tracking code are provided “as is”; the Operator rejects all warranties, whether express or implied.

1.2 Deviating, conflicting or supplementary terms and conditions of the users shall not become part of the contract unless the Operator has expressly agreed to their validity in writing.

1.3 No part of this agreement establishes a partnership, joint venture or agency/broker relationship between the Operator and the users. Neither party has the right to legally bind the other party.

2 Registration and Participation

2.1 Requirements for Partners: Partners must provide truthful information about their company when registering and prove the existence of a valid business. The Operator may request official documents or proof of identity for verification, but is not obliged to do so. Admission to the network is at the sole discretion of the Operator; there is no entitlement to participation.

2.2 Requirements for Promoters: Promoters must be at least 18 years of age when registering and provide truthful information about their identity. The Operator does not check whether Promoters operate a business; it is the sole responsibility of the Promoter to comply with trade law obligations. Underage or fraudulent registrations may be rejected or subsequently deleted by the Operator.

2.3 The Operator reserves the right to reject registrations without giving reasons and to suspend or delete user accounts if legal violations, breaches of these GTC or other irregularities become known.

2.4 Additional conditions for Partners: These GTC form the basis for the registration of Partners. Partners acknowledge that after registration they must accept or submit additional documents or conditions requested by the Operator (e.g. proof of business, special payment terms). The final activation of the Partner account only takes place after all additional requirements have been fulfilled. Promoters, on the other hand, are fully activated for the network upon acceptance of these GTC.

2.5 Minimum Deposit for Vendors (Partners): To use the vendor module and activate your own products or campaigns, a minimum deposit of EUR 1,000 is required. This amount serves as a mandatory pre-funding balance to cover all commissions generated through a partner’s campaigns. Without the full deposit, all vendor functions remain deactivated.

3 Technical Services of the Operator

3.1 The Operator provides links, tracking codes, analysis tools and a platform interface through which Partners can create their campaigns and Promoters can generate links. The Operator does not guarantee continuous availability, error-free operation or data continuity. The network and the services are provided without warranty. The Operator expressly rejects any assurances with regard to uninterrupted availability, freedom from errors, freedom from viruses, suitability for specific purposes as well as correctness and reliability.

3.2 The Operator is entitled to change, extend or discontinue functions of the platform at any time. Users have no claim to specific functions or a particular quality of the service.

3.3 Tracking information, statistics and data are stored for a limited period of time. It is the responsibility of users to back up their data in due time. The Operator is not liable for data loss or missing information.

3.4 Users are obliged to use the technical facilities and codes provided by the Operator properly in order to ensure correct recording of actions (e.g. clicks, leads, sales). In particular, Partners undertake to integrate the tracking code provided by the Operator into their websites, apps or other online offerings as instructed and to keep it functional. Promoters undertake to use the provided tracking links or advertising materials unchanged and in accordance with the instructions. If a user breaches these obligations, the Operator accepts no responsibility for faulty tracking or lost compensation.

4 Content Responsibility and Liability Disclaimer

4.1 All content, advertising media, brands, images, texts, videos and other materials (“User Materials”) are provided exclusively by Partners or Promoters. The Operator does not check these materials, either in advance or afterwards, for legality, factual accuracy or existing third-party rights and assumes no responsibility for them.

4.2 Users are obliged to ensure that their User Materials and offers comply with all applicable laws (e.g. copyright, trademark, competition and consumer protection law) and do not infringe third-party rights. In particular, protected trademarks, logos or certificates (e.g. TÜV seals) may not be used without authorization. The Operator is not liable for damages or claims arising from actions or omissions of Partners or Promoters.

4.3 If the Operator becomes aware of legal violations, inadmissible content or warning letters, it is entitled to immediately remove or block the relevant content or accounts. The costs incurred (e.g. legal and court costs, warning fees) shall be borne exclusively by the responsible Partner or Promoter. The Operator is not obliged to examine the legitimacy of claims or to participate in disputes.

4.4 Any claims against the Operator due to legal violations by Partners or Promoters are excluded. The Operator is only liable to users in the event of intentional or grossly negligent breach of duty and in the event of violation of essential contractual obligations. In the case of damage to property and financial losses caused by slight negligence, liability is limited to the damage foreseeable and typical for the contract at the time the contract was concluded.

5 Representations and Warranties

5.1 Each user represents that they have full legal capacity and are authorized to enter into this agreement. Persons acting on behalf of a legal entity warrant that they are duly authorized.

5.2 Users warrant that all information provided in the course of registration or use of the platform (e.g. in the registration form) is complete, truthful, not misleading and always up to date. Changes must be promptly updated in the user account.

5.3 Users undertake to fulfil their obligations under this agreement with due care and in compliance with all applicable laws, regulatory requirements and advertising guidelines. They will not make any false, misleading or disparaging statements about the Operator.

5.4 Partners and Promoters warrant that they are the owners or valid licensees of all intellectual property rights to the materials they provide and that these materials do not infringe third-party rights. They ensure that their advertising activities comply with all advertising regulations and data protection laws.

5.5 If sub-promoters, sub-networks or other subcontractors are used, the responsible user undertakes to inform them of these terms and to ensure compliance. The user is liable for the actions of their subcontractors as for their own actions.

5.6 Breaches of the above representations and warranties give rise to the user’s obligation to indemnify in accordance with Section 9. Furthermore, the Operator may reclaim commissions already paid if these were generated through unlawful activities.

6 Intellectual Property and License

6.1 The Operator grants users, for the duration of the agreement, a simple, revocable, non-exclusive, non-transferable and non-sublicensable right to use the platform and the provided interfaces, insofar as this is necessary for the functions of Pantercon PartnerNet. All rights beyond this remain with the Operator.

6.2 Users may not copy, decompile, reverse-engineer, modify, reproduce, distribute or otherwise use the platform or parts thereof to develop a competing product or service. Transfer or sublicensing of the granted rights is prohibited.

6.3 Users retain all rights to the materials they submit. However, they grant the Operator a free, worldwide, non-exclusive right to use these materials insofar as this is necessary for the technical provision of the service, in particular for hosting, display, reproduction and distribution to other users.

6.4 The Operator retains all rights to the platform, including all underlying technologies, software components, designs, trademarks, logos and trade secrets. Users do not acquire any ownership rights to the platform.

6.5 Upon termination of the agreement, all granted licenses expire. Users must delete all materials provided by the Operator (e.g. tracking codes) and may not retain any copies.

7 Business Relationships Between Partner and Promoter

7.1 Contracts regarding commissions, payment terms, products, services or discount promotions are concluded exclusively between Partner and Promoter. The Operator is neither intermediary nor representative and does not perform billing, collection or payment processing.

7.2 The Partner is obliged to pay the Promoter the agreed commission. Disputes regarding commissions, discounts, deliveries or products shall be resolved directly between Partner and Promoter. The Operator does not provide mediation, but may temporarily suspend accounts until the matter is resolved.

7.3 Users ensure that all statutory information obligations (e.g. imprint obligations, GDPR notices, warranty or withdrawal rights) towards end customers are fulfilled. The Operator assumes no liability for users’ omissions.

8 Prohibited Activities

8.1 The use of Pantercon PartnerNet is prohibited for content or actions that violate legal provisions, in particular:

Use of copyrighted works without a license;

Trademark or design infringements (e.g. unauthorised use of logos, quality seals, brands);

Deceptive methods such as iFrames, cloaking, exit gates or manipulated tracking;

Distribution of spam, unfair advertising practices or anti-competitive practices;

Promotion of illegal, harmful to minors or ethically questionable goods/services;

Violation of data protection and consumer protection laws.

8.2 In the event of violations, the Operator may terminate accounts without notice, deactivate links and remove all content. Statutory claims for damages and injunctive relief remain unaffected.

9 Indemnification

9.1 Users (Partners and Promoters) indemnify the Operator, its bodies and employees against all claims by third parties arising from their content, offers, advertising materials or conduct. This also includes reasonable legal defence costs, damages, warning costs and administrative fines.

9.2 The indemnification obligation continues after termination of the contractual relationship for claims arising from actions during the term of the agreement.

10 Data Protection

10.1 The Operator processes users’ personal data in accordance with the privacy policy. Users themselves are responsible for ensuring that, when using the platform, they comply with all applicable data protection laws (in particular the GDPR), obtain required consents and observe the rights of data subjects.

10.2 Insofar as Partners or Promoters use cookies, tracking technologies or personal data of end customers, this is done under their own responsibility. They indemnify the Operator against all claims by third parties due to data protection violations.

11 Amendments to the GTC

11.1 The Operator is entitled to amend these GTC at any time insofar as this is necessary to adapt to legal or technical developments. The Operator will inform the user of changes by email or via the interface. If the user does not object to the changes within four weeks, the changes shall be deemed accepted. An objection leads to the immediate termination of the contractual relationship.

11.2 Individual agreements remain unaffected by an amendment of the GTC, provided they were concluded in writing.

12 Term of Agreement, Termination and Suspension

12.1 The agreement is concluded for an indefinite period. Either party may terminate the agreement at any time without stating reasons, subject to a notice period of two weeks.

12.2 The Operator may terminate the agreement extraordinarily with immediate effect or suspend the user account if:

the user breaches these GTC, in particular the representations and warranties under Section 5 or the prohibited activities under Section 8;

the user has not accessed their account or triggered any activities for a period of six months;

there is justified suspicion of manipulation, fraud, deception, misuse of the tracking system or other unfair practices;

the Operator receives notices of legal violations from third parties or another important reason exists.

12.3 During suspension, the user is not entitled to access the platform; all licenses are suspended. The user is obliged to deactivate all links and tracking codes and to remove all materials provided by the Operator without delay. During the suspension, no payments will be made to the user.

12.4 Upon termination of the agreement, all rights of use and licenses expire. The user must return all confidential information of the Operator or destroy it upon request. Commission claims between Partner and Promoter remain unaffected; however, in the event of termination for good cause by the Operator, all commissions not yet paid at the time of termination shall expire.

12.5 The right of the parties to extraordinary termination for good cause remains unaffected.

13 Final Provisions

13.1 The user may not assign rights or obligations under this agreement without the consent of the Operator. The Operator may assign its rights and obligations in whole or in part.

13.2 This agreement is subject to Austrian law, excluding the UN Convention on Contracts for the International Sale of Goods. The exclusive place of jurisdiction is Kufstein, insofar as legally permissible.

13.3 These GTC constitute the entire agreement between the Operator and the users and replace all previous written or oral agreements. There are no verbal side agreements.

13.4 Notices under this agreement may be given electronically via the platform interface or by email to the address stored in the user account. A notice is deemed to have been received as soon as it is displayed in the user account or sent to the stored email address.

13.5 Neither party shall be liable for non-performance or delayed performance of its obligations where this is due to circumstances beyond its reasonable control, such as strikes, natural disasters, war, terrorism, pandemics, governmental orders or technical failures of networks or third-party services.

13.6 This agreement does not create any rights in favour of third parties. Only the contractual parties may derive rights from this agreement.

13.7 All confidential information disclosed to the parties in the context of this agreement shall be treated as strictly confidential and may not be disclosed to third parties or used for other purposes. This obligation continues after termination of the agreement. Upon request, confidential documents must be returned or destroyed without delay.

14 Severability Clause

14.1 Should any provision of these GTC be or become invalid or unenforceable, the validity of the remaining provisions shall not be affected.

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