Partner programme terms
This translation is provided for convenience; the German version is legally binding.
1. Provider and scope
The partner programme is offered by Eichhorn Customs, owner Bastian Eichhorn, Bachwisstrasse 6, 9100 Herisau, Switzerland, email info@atonactive.com (“we”). These terms govern the recommendation of our products on www.atonactive.com by partners (“partners”) in return for commission. Partners' own terms do not apply.
2. Participation
Adults with full legal capacity and businesses may take part, including our customers. Participation is free of charge. There is no right to be admitted; we may reject applications without giving reasons. The partnership is formed when we confirm the application by email and send the personal partner code. Partners act independently and in their own name; no employment, agency or partnership relationship is created. Partners are not entitled to make declarations or conclude contracts on our behalf.
3. Partner code, partner link and QR code
Each partner receives a personal partner code, a partner link (e.g. https://www.atonactive.com/?ref=CODE) and a QR code leading to this link. An order is attributed to a partner if their valid partner code is transmitted with the order – either because the customer arrived on the website via the partner link and the code was pre-filled in the “Partner code (optional)” order field, or because the customer entered the code there. Only the code transmitted with the order counts; only one code can be taken into account per order.
We do not use cookies or comparable storage technologies for the partner programme. If a customer returns later without the partner link and does not enter the code, the order cannot be attributed. Subsequent attribution is excluded. The partner code does not give customers a discount.
4. Commission
For each attributed, paid order the partner receives a commission of 7 % of the amount actually paid by the customer for the units ordered (for several units in one order, 7 % of the total), less any refunds. The amount actually collected via our payment provider Stripe is decisive; if a promotional code was used, the reduced amount applies. The commission is a gross amount; there is no further remuneration or reimbursement of expenses.
5. Withdrawal, refund and chargeback
If a customer withdraws from the contract, the purchase price is refunded in full or in part, or a payment is charged back, the commission lapses or is reduced accordingly. If commission for such an order has already been paid, we offset the overpaid amount against future commissions; if offsetting is not possible, the partner must repay it on request.
6. Settlement and payout
We settle monthly. A commission becomes due once 30 days have passed since the order and the order has not been withdrawn or refunded by then. We transfer the due balance in the following month by bank transfer in euros to the account (IBAN) provided by the partner, provided it amounts to at least €20; smaller amounts are carried over to the next month. When the partnership ends, we also pay out a due balance below €20. We bear our bank's fees; any fees charged by the partner's bank are borne by the partner. The partner is responsible for the correctness of their bank details. On request, the partner receives an overview of the attributed orders (without customer data).
7. Partner duties
- Advertising with the partner link or code must be clearly labelled as such, for example as “advertising” or “ad” («Werbung» or «Anzeige» in German).
- Statements about the product must be true and consistent with the information on www.atonactive.com. In particular, healing promises, claims that the product cures or relieves diseases, promises of specific effects and claims that the product replaces medical advice or therapy are not permitted.
- No spam: no unsolicited emails, messages, calls or comments and no automated distribution.
- No search engine or platform advertising on the brand “AtonActive”, similar terms or misspellings (brand bidding), no domains, accounts or profiles containing these terms and no appearance giving the impression of being our shop.
- No self-referrals: orders placed by the partner themselves, for themselves or for persons in their own household via their own code do not earn commission.
- No publication of the code on coupon or discount sites and no presentation as a discount code; no bought or invented reviews.
- Compliance with applicable law, in particular competition, advertising, trademark and data protection law. Healthcare professionals must additionally observe their professional rules and the rules on accepting benefits; recommending products to their own patients in return for commission may not be permitted.
In the event of violations, the commission for the orders concerned lapses. The partner indemnifies us against third-party claims based on a violation for which the partner is responsible.
8. Brand, images and texts
During the partnership, partners may use the name AtonActive and the product images and texts from www.atonactive.com exclusively to promote our product and may not modify them. This right is not transferable and ends with the partnership.
9. Taxes and contributions
Partners are themselves responsible for declaring their commissions to the competent authorities and paying any taxes (including VAT) and social security contributions. If the partner is liable for VAT, they inform us before the first payout; in this case the 7 % commission is the total amount including any VAT.
10. Data protection
We process partners' details (name, email address, country, advertising channel, bank details, notes) and the attributed orders in order to run the partner programme. Details can be found in our privacy policy (section 13). Partners do not receive any personal data of our customers.
11. Liability
We strive to attribute orders reliably but cannot guarantee that the website, the order field or the partner link will always work without errors. We are liable for lost commissions only in cases of intent or gross negligence.
12. Term and termination
The partnership runs for an indefinite period. Either party may terminate it at any time by email without giving reasons. In the event of serious or repeated violations of these terms, we may terminate the partnership without notice and deactivate the partner code immediately. After termination the partner code is no longer valid; commissions for orders attributed before then are settled in accordance with section 6, provided there has been no violation.
13. Changes
We may change these terms and the commission rate with effect for the future. We inform partners by email at least 30 days in advance. If a partner does not agree, they may end the partnership before the changes take effect; otherwise the amended terms apply. Orders placed before the changes take effect are governed by the previous terms.
14. Applicable law and place of jurisdiction
Swiss law applies, excluding its conflict-of-law rules. The place of jurisdiction is Herisau, Switzerland. Mandatory places of jurisdiction, in particular for consumers, remain reserved. Should any provision be invalid, the remainder of these terms remains valid.