Preamble

The following General Terms and Conditions (hereinafter the "T&C") govern the contractual relationship between atlataca.comutschland GmbH (hereinafter "Atletica") and persons who participate in the Atletica affiliate program (hereinafter the "Affiliate"). The affiliate program serves to promote the products and brands of Atletica via the Affiliate's digital channels in return for performance-based remuneration.

By registering for the affiliate program, the Affiliate expressly acknowledges these T&C as binding. Deviating terms and conditions of the Affiliate shall not apply.

§ 1 Scope and Contracting Party

(1) These T&C apply exclusively vis-à-vis entrepreneurs within the meaning of § 14 BGB. Participation in the affiliate program as a consumer within the meaning of § 13 BGB is excluded. Upon registration, the Affiliate warrants that they are acting within the framework of an independent, commercial or freelance activity.

(2) The Affiliate's contracting party is atlataca.comutschland GmbH, Goresstr. 5, 55131 Mainz, Germany, registered in the commercial register of the Mainz Local Court under HRB 50320, represented by its managing director Ivan Lukanov, USt-IdNr. DE341910327 (hereinafter "Atletica"). Atletica is the operator of the online shop www.atlataca.com.

(3) The affiliate program is technically implemented via the GoAffPro platform (operated by GoAffPro Inc.). Use of the program requires the creation of an affiliate account with GoAffPro. The contractual relationship between the Affiliate and GoAffPro Inc. is additionally subject to GoAffPro's own terms of use.

(4) These T&C apply in the version valid at the time of registration. Amendments will be communicated to the Affiliate in accordance with § 12 of these T&C.

(5) Participation in the affiliate program is open exclusively to entrepreneurs with their registered office or tax residence in a country to which atlataca.comlivers as standard through its online shop atlataca.com. The respective current list of delivery countries is available at atlataca.com/pages/bestellablauf-zahlung-versand. Applicants from third countries outside the delivery countries will not be admitted to the program. A subsequent expansion of the delivery countries automatically leads to an expansion of the group of participants; a corresponding amendment of the T&C is not required for this.

§ 2 Definitions

Within the meaning of these T&C, the following terms shall have the meanings set out below:

(1) "Affiliate Link": the individually assigned tracking link made available to the Affiliate by Atletica via the GoAffPro platform, by means of which the referral of visitors to Atletica's online shop is tracked.

(2) "Affiliate Account": the user account maintained by the Affiliate on the GoAffPro platform, through which the Affiliate obtains access to their Affiliate Link, statistical analyses, commission status and payout details.

(3) "Cookie": the technical information stored on the potential customer's end device upon clicking the Affiliate Link, which serves to attribute an order to the Affiliate.

(4) "Cookie Duration": the period within which an order is attributed to the Affiliate if the customer has clicked the Affiliate Link. The Cookie Duration is 30 days from the click.

(5) "Referred Order": an order in Atletica's online shop that is attributed to an Affiliate in accordance with the tracking and attribution rules set out in § 4.

(6) "Commission": the performance-based remuneration owed to the Affiliate for referred orders in accordance with § 5.

(7) "Validation Period": the period of 60 days from the order date, upon expiry of which the commission for a referred order is deemed to be definitively earned.

(8) "Minimum Payout Amount": the amount of EUR 50 that must be reached in order for Atletica to make a payout to the Affiliate (§ 7).

(9) "Personal Discount": the discount granted to the Affiliate in accordance with § 8 for the Affiliate's own purchases at Atletica after admission to the program.

§ 3 Application and Admission to the Program

(1) Participation in the affiliate program requires an application via the online registration form provided by Atletica. As part of the application, the applicant must provide truthful information regarding their identity, commercial activity, contact details, reach and the content of their platform(s).

(2) By submitting the registration form, the applicant makes a binding offer to conclude an affiliate agreement subject to these T&C. Atletica reserves the right to accept or reject this offer within ten (10) business days. Until express acceptance by Atletica, there is no entitlement to admission.

(3) atlataca.comcides on admission at its due discretion. Decisive factors are in particular the quality of the content, the engagement of the target audience, the thematic fit with the Atletica product range, the geographical orientation of the Affiliate as well as the absence of competitive or reputational risks. There is no entitlement to admission. A rejection does not have to be justified.

(4) Coupon websites, cashback websites, pay-per-click websites and other platforms whose business model is based on the distribution of discount codes or the purchase of paid search advertisements will not be admitted to the program.

(5) The contract is concluded upon receipt of Atletica's declaration of acceptance (regularly in the form of an email notification regarding the activation of the affiliate account). Upon activation, the Affiliate obtains access to their affiliate account as well as to their personal Affiliate Link.

(6) The Affiliate is obliged to update changes to their personal data, in particular contact details, payment details and tax status, without undue delay in the affiliate account or to notify the responsible affiliate manager.

§ 4 Tracking and Attribution of Orders

(1) The attribution of referred orders takes place technically via the Affiliate Link and an associated cookie, which is set on the potential customer's end device upon clicking the Affiliate Link. The Cookie Duration is 30 days.

(2) An order is attributed to the Affiliate if (a) the customer has clicked the Affiliate Link within the Cookie Duration and (b) the order is successfully registered in Atletica's system. The order does not have to be placed in the same browser session in which the Affiliate Link was clicked.

(3) If, within the Cookie Duration, a customer clicks the Affiliate Links of several Affiliates, the order is attributed according to the last-click principle: decisive is the Affiliate Link last clicked before the order.

(4) The Affiliate acknowledges that tracking is subject to technical limitations (in particular cookie blockers, third-party cookie restrictions in browsers, losses caused by device switching, manually deleted cookies, tracking refusals by end customers for data protection reasons). Atletica does not owe complete capture of every order referred via the Affiliate Link. A claim to commission exists only for such orders that could actually be technically attributed to the Affiliate.

(5) Self-referrals are excluded. Orders placed under the affiliate account, with the Affiliate's email address stored with Atletica, or discernibly in the economic interest of the Affiliate, do not trigger any commission.

§ 5 Commission

(1) Commission Rates

The commission is calculated as a percentage of the commission calculation base (see paragraph 2) in accordance with the following tiers:

a) Standard Tier: 5 % on all referred orders.

b) Active Tier: 6 % on referred orders upon reaching a turnover of EUR 1,000 in referred orders within a calendar month.

c) Top Performer Tier: 8 % on referred orders upon reaching a turnover of EUR 2,500 in referred orders within a calendar month.

(2) Commission Calculation Base

The basis for calculating the commission is the net goods value of the referred order. The following are not included in the calculation base:

a) value added tax (VAT) on the goods value,

b) shipping costs,

c) surcharges for delivery services (e.g. freight costs, express shipping, assembly services),

d) discounts, vouchers, promotional codes and cashback amounts redeemed by the customer,

e) gift cards or value vouchers acquired as part of the order,

f) any separately stated reseller or wholesale prices.

(3) Tier Change

(1) Classification into a higher tier (Active or Top Performer Tier) takes effect from the month following the one in which the relevant turnover threshold was exceeded in the previous month, and applies for the respective calendar month. If the threshold is not reached in a calendar month, downgrading takes place in the following month.

(4) Accrual of Commission in Principle

(1) The commission accrues in principle upon receipt of the customer's order in Atletica's system. It is initially shown in the affiliate account as "pending".

(5) Exclusion of Commissions

No commission is paid for:

a) orders that are returned, cancelled or revoked by the customer, in whole or in part, within the Validation Period (§ 6),

b) orders in which payment of the purchase price fails to materialize or is reversed,

c) self-referrals within the meaning of § 4 paragraph 5,

d) orders generated through impermissible conduct of the Affiliate (in particular a breach of § 9),

e) orders outside the affiliate program (e.g. those placed directly in the physical Atletica brand store, insofar as no affiliate tracking takes place there).

§ 6 Validation Period and Reversal of Orders

(1) Atletica grants end customers a 100-day right of return that goes beyond the statutory requirements. In order to avoid paying out commissions that are economically eliminated by a subsequent return, the payout of each individual commission is tied to the expiry of a Validation Period of 60 days from the order date. The Validation Period is shorter than the right of return; for returns, cancellations or revocations that only take effect after expiry of the Validation Period, paragraph 5 applies.

(2) During the Validation Period, the commission is shown in the affiliate account as "pending". In this status it is neither due nor distributable.

(3) If a partial or complete return, cancellation or revocation of the order occurs within the Validation Period, the commission is automatically reset to the corresponding extent. A separate reclaim procedure is not required.

(4) If no return, cancellation or revocation occurs within the Validation Period, the commission is transferred to the "payable" status upon expiry of the 60 days and included in the next payout in accordance with § 7.

(5) If a commission already transferred to the "payable" status or already paid out becomes economically retroactively void due to a return subsequently asserted by the customer (e.g. a return within the 100-day right of return after expiry of the Validation Period, or a reversal outside this period by way of a complaint or statutory warranty), Atletica is entitled to offset the corresponding commission amount against future commission claims of the Affiliate or - insofar as offsetting is not possible - to reclaim it from the Affiliate.

§ 7 Payout

(1) Payouts are made monthly, in each case on the 15th of each calendar month (payout day). Decisive is the status of the payable commissions on the payout day.

(2) A payout is only made if the total of the payable commissions on the payout day reaches or exceeds the Minimum Payout Amount of EUR 50. Amounts below the Minimum Payout Amount are carried forward to the next payout day. Subject to § 13, carried-forward amounts do not lapse.

(3) The payout is made, at Atletica's discretion, by bank transfer to the payment details stored by the Affiliate in the affiliate account. The Affiliate is obliged to store correct and up-to-date payment details in the affiliate account. Atletica is not liable for delays or losses resulting from incorrectly stored payment details.

(4) Any transaction costs incurred as a result of the choice of payment method are borne by the Affiliate. Atletica is entitled to deduct such costs from the payout, provided they can be clearly attributed to the individual payout transaction.

(5) The payout is deemed a payment subject to reservation insofar as it includes commissions whose Validation Period had not yet been completed but which were inadvertently paid out. § 6 paragraph 5 applies accordingly.

(6) Payouts are made in Euro (EUR). Exchange rate risks or additional costs upon payout to a foreign bank account are borne by the Affiliate.

§ 7a Credit Note Procedure

(1) The billing of the commission takes place by way of the credit note procedure in accordance with § 14 para. 2 sentence 2 UStG. A credit note is issued exclusively for commissions whose Validation Period pursuant to § 6 has expired and which become payable in the respective billing period. For commissions that are still in "pending" status, no credit note is issued.

(2) On each payout day (§ 7 paragraph 1), Atletica issues a credit note covering all commissions released and payable in the preceding calendar month. The credit note is made available to the Affiliate in electronic form (by email or via the affiliate dashboard).

(3) The credit note is deemed a proper invoice for VAT purposes. The Affiliate may object to the credit note in text form within eight (8) days of receipt. If no objection is made within this period, the credit note is deemed accepted.

(4) If a commission already billed subsequently becomes economically void — in particular as a result of a goodwill return after expiry of the 60-day Validation Period pursuant to § 6 paragraph 5 — a cancellation credit note is issued or an offset against the next commission statement takes place. Amounts already paid out may in this case be offset against future commission claims or — insofar as offsetting is not possible — reclaimed.

(5) Upon registration in the registration form, the Affiliate provides Atletica with the following information: (a) complete business address, (b) date of birth (insofar as a reporting obligation under the Platform Tax Transparency Act – PStTG – exists), (c) VAT status — namely (i) small business regulation pursuant to § 19 UStG, (ii) entrepreneur subject to standard taxation in Germany with a USt-IdNr., or (iii) foreign EU entrepreneur with a valid EU VAT ID for the application of the reverse-charge procedure pursuant to § 13b UStG, (d) tax number or VAT ID, (e) bank details (IBAN and BIC) as the payout channel. The Affiliate is obliged to notify changes to this information without undue delay. In the case of incomplete or incorrect information, Atletica may withhold the payout or reject the registration.

(6) The Affiliate acknowledges that, as an independent entrepreneur, they are responsible on their own account for the correct VAT treatment of the commissions paid out as well as for any reports to their competent tax office. If the Affiliate provides Atletica with incorrect information regarding their tax status, they shall indemnify Atletica against any resulting claims for damages as well as any additional claims by the tax authorities.

§ 8 Personal Discount

(1) Upon admission to the affiliate program, Atletica grants the Affiliate a personal discount of 20 % on the net goods value of the Affiliate's own orders in Atletica's online shop. The personal discount is available exclusively to active Affiliates within the meaning of these T&C.

(2) The personal discount is not granted in the form of a public or universally usable discount code. Redemption takes place by individual request via email to the contact communicated by the affiliate manager prior to completing the order.

(3) The minimum order value for claiming the personal discount is EUR 50 (net goods value before shipping costs and VAT).

(4) The personal discount cannot be combined with other discount promotions, promotional codes, cashback programs, B2B or wholesale conditions, or already reduced promotional prices. atlataca.comcides on a case-by-case basis whether a combination is permissible.

(5) Shipping costs are governed by the general shipping conditions published from time to time at www.atlataca.com. The personal discount does not include any discount on shipping costs.

(6) The personal discount is intended exclusively for private or the Affiliate's own commercial purchases. Redemption of the personal discount for purchases by third parties (family members, acquaintances, prize-competition purposes, resale) is impermissible and may lead to the immediate termination of the affiliate agreement.

(7) Upon termination of the affiliate agreement, the entitlement to the personal discount lapses immediately.

§ 9 Obligations of the Affiliate

(1) General Conduct Obligations

The Affiliate undertakes, in the course of their activity:

a) to comply with applicable laws, in particular competition law, copyright law, trademark law, data protection law and tax law,

b) to make truthful and non-misleading statements about Atletica's products,

c) to use the brands, logos and other marks of Atletica exclusively in the form approved by Atletica,

d) neither to create the impression of an official partnership, sponsorship or engagement on behalf of Atletica that goes beyond the affiliate relationship, nor to present themselves as an employee, representative or agent of Atletica.

(2) Disclosure Obligation (Advertising Labelling)

(1) The Affiliate is obliged to clearly and unambiguously label any content that contains an Affiliate Link or in which Atletica products are advertised in return for commission as advertising or as a paid cooperation. Decisive are in particular the requirements of § 5a para. 4 UWG as well as the relevant guidelines of the competent media supervisory authorities (e.g. "Werbung", "Anzeige", "#Werbung", "#Anzeige"; "#ad" alone or hidden hashtags are generally insufficient).

(2) A breach of the disclosure obligation constitutes a serious violation of these T&C and entitles Atletica to immediately terminate the affiliate agreement.

(3) Prohibition of Paid Advertising

(1) The Affiliate is not entitled to place paid search engine advertisements (e.g. Google Ads, Bing Ads), paid social media advertisements (e.g. Meta Ads, TikTok Ads, YouTube Ads) or comparable forms of advertising to promote the Affiliate Link or Atletica brand terms. In particular, it is prohibited to bid on brand, product or domain terms of Atletica (brand bidding) or to use URL variations of atlataca.com in advertisements.

(4) Permitted Advertising Channels

(1) The Affiliate may place their Affiliate Link exclusively on their own channels operated by them. This includes in particular: their own website or blog, their own social media profiles (e.g. Instagram, TikTok, YouTube), their own newsletter as well as their own email communication to the respective target audience.

(2) Placing the Affiliate Link on third-party platforms on which the Affiliate is not itself the operator is not permitted. This includes in particular: forums and online communities (including Reddit), comment sections of third-party websites, coupon sites, cashback platforms, bargain or deal sites (e.g. mydealz.de, RetailMeNot), price comparison portals, voucher aggregators as well as any other platform not operated by the Affiliate itself. This restriction also applies where the Affiliate appears there as an active member.

(3) Atletica reserves the right to agree a list of approved advertising channels with the Affiliate on a case-by-case basis if the suitability of a specific channel is doubtful. In case of doubt, the Affiliate must inquire in writing with the affiliate manager before placement.

(4) A breach of the provisions of this paragraph constitutes a serious violation of these T&C and entitles Atletica both to withhold affected commission claims and to terminate the affiliate agreement extraordinarily.

(5) Content Requirements

(1) The Affiliate ensures that the content published as part of the program activity fits the brand and product range of Atletica, is of high substantive quality and does not contain any defamatory, discriminatory, violence-glorifying, youth-endangering or unlawful content.

(2) If atlataca.comtermines that content contains incorrect statements about products, characteristics, prices or programs of Atletica, Atletica is entitled to demand from the Affiliate a correction, clarification or removal of the relevant content. The Affiliate must comply with a legitimate request within seven (7) business days.

(6) Minimum Activity

(1) The Affiliate is obliged to generate referred orders with a minimum turnover of EUR 500 within a rolling period of six (6) months. If this minimum turnover is not reached, Atletica is entitled to ordinarily terminate the affiliate agreement with a notice period of ten (10) business days to the end of the month. A new application is possible at the earliest six (6) months after termination.

§ 10 Tax Treatment

(1) The Affiliate, as an independent entrepreneur within the meaning of § 14 BGB, is responsible on their own account for the proper taxation of the commissions and the personal discount paid by Atletica in their respective tax home country. Atletica does not withhold any taxes.

(2) The Affiliate warrants that they are aware of the tax obligations applicable to their activity from time to time (in particular income tax, trade tax, VAT, and where applicable the small business regulation pursuant to § 19 UStG) and that they fulfil their tax registration and declaration obligations.

(3) For Affiliates subject to tax in Germany, the commission is billed plus statutory VAT, provided the Affiliate communicates a valid VAT identification number to Atletica and does not make use of the small business regulation. If the small business regulation is used, billing takes place without VAT being shown; the Affiliate is obliged to notify Atletica of this in advance.

(4) For Affiliates established in another EU member state, billing takes place applying the reverse-charge procedure pursuant to § 13b UStG. The Affiliate is obliged to communicate a valid EU VAT identification number to Atletica before the first payout. In this case, the credit note is issued without German VAT being shown and with the note "Reverse charge — the recipient of the service is liable for the tax"; the Affiliate is responsible on their own account for the correct VAT treatment in their country of establishment. Affiliates established in third countries outside the EU are not admitted to the program in accordance with § 1 paragraph 5.

(5) Atletica is entitled to record the value of the personal discount granted to the Affiliate pursuant to § 8 in the applicable reporting obligations (in particular under DAC7), if and insofar as this is required by law.

§ 11 Intellectual Property and Advertising Materials

(1) For the duration and within the framework of the affiliate agreement, Atletica grants the Affiliate a simple, non-exclusive, non-transferable and revocable right to use the brands, logos, product images, product descriptions and other advertising materials made available by Atletica (together the "Atletica Materials") exclusively for the purpose of promoting Atletica within the framework of the affiliate program.

(2) Any editing, alteration or distortion of the Atletica Materials that is liable to impair their effect, message or the Atletica brand is impermissible. Editorial embeddings into the Affiliate's own content are permissible, provided the original substantive message is preserved.

(3) Upon termination of the affiliate agreement, all usage rights of the Affiliate in the Atletica Materials lapse. The Affiliate is obliged, within 30 days of termination, to cease using the Atletica Materials and to remove their Affiliate Link from actively promoted content. Already published journalistic-editorial content (e.g. archived reviews) is exempt from this, insofar as its retention is required for the Affiliate for reasons of freedom of the press.

(4) The Affiliate grants Atletica, in the content that the Affiliate themselves creates within the framework of the affiliate program using the Affiliate Link or with reference to Atletica or Atletica products and publishes on their own channels – in particular on their social media profiles and their website – (hereinafter "Affiliate Content"), a simple, free-of-charge right, unlimited in territory and time, to use this Affiliate Content for its own advertising, marketing and communication purposes. This usage right comprises in particular the right to reproduce, make publicly available and distribute the Affiliate Content via Atletica's own channels – namely through reposts, shares and integration on Atletica's social media profiles, on the website www.atlataca.com as well as in newsletters and other marketing materials – including any adaptation required for the respective channel (e.g. cropping or formatting), without thereby altering the essential substantive message.

(5) The grant of the usage rights under paragraph 4 is made free of charge and unlimited in time; it continues to exist beyond the termination of the affiliate agreement. It fully settles all claims of the Affiliate to remuneration for the use of the Affiliate Content – in particular for image, usage or exploitation rights. The Affiliate will assert against Atletica neither during the term of the contract nor after termination of the affiliate agreement any remuneration, additional remuneration or other payment for the contractual use of the Affiliate Content. Paragraph 3 (lapse of the Affiliate's usage rights in the Atletica Materials) remains unaffected.

(6) The Affiliate warrants that they hold all rights to the Affiliate Content required for the grant of the usage rights under paragraph 4 and that the use by Atletica does not infringe any rights of third parties. If other persons are recognizably depicted in the Affiliate Content or content of third parties (e.g. music, image or trademark rights of third parties) is used, the Affiliate ensures that the necessary consents and usage rights are available to the extent required for the use by Atletica under paragraph 4. The Affiliate indemnifies Atletica upon first demand against claims of third parties based on a breach of this warranty; § 16 applies accordingly.

§ 12 Term and Termination

(1) The affiliate agreement is concluded for an indefinite period. It may be ordinarily terminated by either party with a notice period of ten (10) business days to the end of the month. Termination is effected in text form (an email to the stored contact address is sufficient).

(2) The right to extraordinary termination for good cause remains unaffected. For Atletica, good cause exists in particular in the case of:

a) a serious or repeated breach of the obligations under § 9 (in particular missing advertising labelling, impermissible paid advertising, defamatory conduct),

b) unlawful content in the posts published by the Affiliate,

c) public statements or conduct that are liable to damage the reputation or the brand of Atletica,

d) insolvency or comparable economic circumstances of the Affiliate,

e) abusive use of the personal discount pursuant to § 8,

f) a breach of the self-referral prohibition pursuant to § 4 paragraph 5,

g) manipulation of, or attempts to circumvent, the tracking system.

(3) Upon termination of the contract, the affiliate account is deactivated. The entitlement to the personal discount lapses immediately (§ 8 paragraph 7).

(4) Upon termination of the contract (ordinary or extraordinary), payable commissions that reach the Minimum Payout Amount on the termination date are paid out as part of the next payout in accordance with § 7. Commissions whose Validation Period has not yet expired on the termination date are paid out after expiry of the respective Validation Period in accordance with § 6, provided that (a) the payout is not excluded by the extraordinary termination due to a serious breach by the Affiliate and (b) the Minimum Payout Amount is reached.

(5) In the case of an extraordinary termination due to a serious breach by the Affiliate, Atletica is entitled to withhold any outstanding commission claims for the purpose of offsetting against claims for damages or to secure any reclaim claims.

§ 13 Amendment of these T&C

(1) Atletica reserves the right to amend these T&C with effect for the future, insofar as this is necessary for legal, technical or business reasons and the amendments do not unreasonably disadvantage the Affiliate.

(2) The amended T&C will be communicated to the Affiliate at the latest six (6) weeks before they take effect, by email to the address stored in the affiliate account. The notification will expressly draw attention to the planned amendments as well as to the right of objection and the associated consequences.

(3) If the Affiliate does not object to the amended T&C in text form within six (6) weeks of receipt of the amendment notification, the amended T&C are deemed accepted. In the event of a timely objection, the contractual relationship will be continued under the previous T&C; in this case Atletica is entitled to ordinarily terminate the affiliate agreement with the notice period pursuant to § 12 paragraph 1.

§ 14 Data Protection

(1) Atletica processes the Affiliate's personal data within the framework of the initiation, performance and termination of the affiliate agreement as well as for the fulfilment of statutory obligations. The legal basis for the processing is Art. 6 para. 1 lit. b DSGVO (contract and pre-contractual measures) as well as, where applicable, Art. 6 para. 1 lit. c DSGVO (legal obligation) and Art. 6 para. 1 lit. f DSGVO (legitimate interests).

(2) For the technical handling of the affiliate program, Atletica makes use of the GoAffPro platform, operated by GoAffPro Inc. A data processing agreement pursuant to Art. 28 DSGVO exists with GoAffPro Inc. The Affiliate's personal data (in particular name, contact details, platform URL, reach data, payment data, commission data) is transmitted to GoAffPro Inc. for these purposes.

(3) GoAffPro Inc. is a company based in India. The Affiliate's personal data is processed within GoAffPro's infrastructure; access by GoAffPro employees in India, in particular for the purposes of technical support and maintenance, cannot be completely ruled out. Since this constitutes a transfer of personal data to a third country for which no adequacy decision of the European Commission exists, Atletica ensures appropriate safeguards pursuant to Art. 46 DSGVO. In particular, Atletica has concluded a data processing agreement with GoAffPro Inc. pursuant to Art. 28 DSGVO and agreed the EU Standard Contractual Clauses; these are supplemented by appropriate technical and organizational measures.

(4) Further information on the processing of personal data, on the Affiliate's rights under Art. 15 et seq. DSGVO as well as on the retention periods can be found in Atletica's data protection notice at atlataca.com/pages/legal-imprints?active_tab=4.

(5) Insofar as the Affiliate itself processes personal data of third parties (in particular of end users of their platform) within the framework of their program activity, they are responsible as an independent controller within the meaning of Art. 4 no. 7 DSGVO for compliance with the data protection requirements. In this respect, Atletica is not a controller and assumes no joint data protection responsibility.

§ 15 Liability

(1) Atletica is liable for damages of the Affiliate without limitation in cases of intent and gross negligence, in the case of injury to life, body or health, within the scope of expressly assumed guarantees as well as under the mandatory provisions of the Product Liability Act.

(2) In the case of slightly negligent breach of material contractual obligations (cardinal obligations), Atletica's liability is limited to the foreseeable damage typical for the contract. Cardinal obligations are those obligations whose fulfilment enables the proper performance of the contract in the first place and on whose compliance the Affiliate may regularly rely.

(3) In all other respects, Atletica's liability for slight negligence is excluded.

(4) Insofar as Atletica's liability is excluded or limited under the foregoing provisions, this also applies to the personal liability of Atletica's legal representatives, employees and vicarious agents.

(5) Atletica assumes no liability for the constant availability of the GoAffPro platform, the affiliate account, the tracking function or the payout infrastructure. Temporary outages or technical problems do not give rise to any claim for damages by the Affiliate, unless Atletica has acted intentionally or with gross negligence.

§ 16 Indemnification

(1) The Affiliate indemnifies Atletica upon first demand against all claims of third parties asserted against Atletica in connection with conduct of the Affiliate that violates these T&C, applicable law or the rights of third parties (in particular copyright, trademark, personality or competition rights).

(2) The indemnification obligation includes the reasonable costs of the necessary legal defence (attorney and court costs in the statutory amount).

(3) Atletica will inform the Affiliate without undue delay of any asserted claim within the meaning of paragraph 1. The Affiliate has the right to conduct the defence against the claims in coordination with Atletica, insofar as this is legally permissible and reasonable for Atletica.

§ 17 Confidentiality

(1) The Affiliate undertakes to treat as confidential all non-public information made accessible to them within the framework of program participation regarding Atletica, its business partners, its business plans, conditions, internal processes and technical procedures, and not to make it accessible to third parties, insofar as disclosure is not necessary for the performance of the contract or required by law.

(2) The confidentiality obligation continues to apply for a period of three (3) years after termination of the affiliate agreement.

(3) The content of individual conditions of the affiliate program (in particular commission rates, tiers, Validation Period, personal discount) is likewise confidential. The publication or other dissemination of this information by the Affiliate is only permitted to the extent that Atletica itself publicly communicates the respective information (e.g. on the affiliate landing page).

§ 18 Final Provisions

(1) Applicable Law

This contract is governed exclusively by the law of the Federal Republic of Germany, to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG) and of conflict-of-law rules.

(2) Place of Jurisdiction

The exclusive place of jurisdiction for all disputes arising from or in connection with this contract is Mainz, provided the Affiliate is a merchant, a legal person under public law or a special fund under public law, or has its registered office or habitual residence abroad. Atletica is, however, also entitled to sue the Affiliate at its general place of jurisdiction.

(3) Written Form

Amendments and supplements to this contract require text form. The requirement of text form may only be waived in text form.

(4) Severability Clause

Should individual provisions of these T&C be or become invalid or unenforceable, or become invalid or unenforceable after conclusion of the contract, the validity of the remainder of the contract shall remain unaffected. In place of the invalid or unenforceable provision, that valid and enforceable provision shall apply whose effects come closest to the economic objective that the contracting parties pursued with the invalid or unenforceable provision. The same applies mutatis mutandis to any gaps in the provisions.

(5) Prohibition of Assignment

The Affiliate is not entitled to assign claims arising from this contract (in particular commission claims) to third parties without the prior written consent of Atletica. § 354a HGB remains unaffected.

(6) Dispute Resolution

Atletica is neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board. This corresponds to the character of this program, which is directed exclusively at entrepreneurs (§ 1 paragraph 1).

As of: 22.07.2026