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Agreement for Participation in the Pascuali Affiliate Program
- Scope
(1) These Terms and Conditions (hereinafter “TC”) apply to the contractual relationship between Pascuali GmbH, Donatusstr. 102, 50259 Pulheim, Germany, acting under the brand Pascuali (hereinafter “Operator”), and the contracting parties (hereinafter “Partners”) of the Pascuali Affiliate Program (hereinafter “Affiliate Program”).
(2) The Operator provides its services exclusively on the basis of these TC. The Partner’s own terms and conditions require the Operator’s express written consent and shall not apply even if the Operator does not expressly object to their validity.
(3) These TC apply only to entrepreneurs. Consumers are excluded from participation in the Affiliate Program.
- Conclusion of Contract
(1) A contract between the Operator and the Partner for the placement of advertising materials is concluded exclusively via the online application procedure at https://pascuali.goaffpro.com/. By registering, the Partner submits a binding offer to participate in the Affiliate Program and accepts these TC. A contract is only concluded when the Operator expressly declares acceptance of the offer or releases specific advertising materials for the Partner.
(2) There is no entitlement to participate in the Affiliate Program or to conclude a contract with the Operator. The Operator may reject individual Partners at any time without giving reasons.
- Subject Matter of the Contract
(1) The subject matter of this contract is participation in the Affiliate Program, which aims to increase sales of the Operator’s products via the Operator’s website. Participation in the Affiliate Program is free of charge for the Partner. For this purpose, the Operator provides the Partner, at its sole discretion and subject to availability, with a selection of advertising materials. The Operator may offer different programs simultaneously (hereinafter “Campaigns”).
(2) The Partner independently places the advertising materials released for them on their websites registered and approved in the Affiliate Program (hereinafter “Partner Website”) or elsewhere. The Partner is free to decide whether and for how long to place the advertising materials on the Partner Website. They are entitled to remove the advertising materials at any time.
(3) For promoting and successfully generating transactions (e.g., orders), the Partner receives a commission depending on the scope and actual value of the performance. The details are set out in the description of the respective campaign in the Affiliate Program and Section 7 of these TC.
(4) The Affiliate Program does not create any contractual relationship between the parties beyond this agreement.
- Functionality of the Affiliate Program
(1) The Partner must register for the Affiliate Program with the required data requested during registration. After registration, a customer account will be created for the Partner, through which they can manage their affiliate activities.
(2) For approved campaigns, the Operator provides the Partner with a specific affiliate link and, if necessary, a discount coupon (valid only on the Operator’s website) that allows identification of users from the Partner Website when they click on the link or use the coupon during an order. The Partner must integrate this affiliate link code into their website to enable tracking.
(3) Through the customer account (Goaffpro.com), the Partner also gains access to certain statistical data determined by the Operator regarding the advertising materials used.
- Duties of the Operator
(1) The Operator provides the Partner, at its discretion, with a selection of advertising materials (e.g., banners, text links, videos, images, brochures) (hereinafter “Advertising Materials”) for individual campaigns.
(2) The Operator ensures appropriate tracking of visitors who arrive at the Operator’s website via the Partner’s integrated advertising materials (hereinafter “Partner Leads”). The Operator also ensures the allocation of any orders generated by Partner Leads (hereinafter “Sales”) to the Partner.
(3) The Operator operates its website and services (e.g., provision of product data) within the scope of its technical capabilities and at its sole discretion. The Operator does not guarantee error-free and/or uninterrupted availability of the website. The quality and accuracy of the products and advertising materials offered on the Operator’s website are at the Operator’s sole discretion.
(4) The Operator further undertakes to pay remuneration in accordance with Section 7 under the conditions set out therein.
- Rights and Duties of the Partner
(1) The Partner may only integrate the Advertising Materials into the Partner Websites. The Partner is expressly prohibited from modifying the Advertising Materials. The Advertising Materials may only be used for the purposes provided in this contract on the Partner Websites.
(2) The Partner is responsible for the content and ongoing operation of the Partner Website and shall not place any content there during the term of this contract that violates applicable law, public decency, or third-party rights and/or is likely to damage the Operator’s reputation. The Operator is entitled, but not obliged, to review the Partner Websites. In particular, the Partner is prohibited from distributing content that includes or relates to racism, glorification of violence and extremism of any kind, incitement or encouragement to commit crimes and/or violations of the law, threats against life, body or property, incitement against persons or companies, defamatory or insulting statements, violations of competition law, copyright-infringing content, other intellectual property infringements, or sexual harassment of users or third parties. Such content may neither be integrated on the Partner Website nor linked to from the Partner Website.
(3) Any form of abuse, i.e., generating Leads and/or Sales through unfair methods or impermissible means that violate applicable law and/or these TC, is prohibited. In particular, the Partner is prohibited from attempting, alone or through third parties, to generate Leads and/or Sales or to ensure the allocation of Sales to the Partner by means of one or more of the following practices:
- falsification of Leads or Sales that did not actually take place, e.g., by unauthorized use of third-party or false/non-existent data when ordering goods on the Operator’s website,
- use of advertising formats that technically enable tracking but do not display the Advertising Material, or not perceptibly, or not in the prescribed form and/or size,
- cookie dropping: cookies may not be set when simply visiting the website, but only when the user of the Partner Website has voluntarily and consciously clicked on the Advertising Material,
- other forms of affiliate fraud (in particular cookie spamming, forced clicks, affiliate hopping) as well as the use of layers, add-ons, iFrames and post-view technology to artificially increase Leads/Sales,
- use of legally protected terms (especially trademarks) of the Operator or third parties in search engines, advertisements, or Partner Website promotion without the Operator’s prior express written consent.
The Partner may not copy the Operator’s website, landing pages, or other appearances, nor use graphics, texts, or other content of the Operator. The Partner must avoid creating the impression that the Partner Website is a project of the Operator or that its operator is economically connected with the Operator beyond the Affiliate Program and this contract. Any use of materials or content from the Operator’s website, as well as the Operator’s logos or brands, requires prior written approval from the Operator.
(4) The Partner undertakes to operate the Partner Website in compliance with applicable law and in particular to provide a proper legal notice (“Impressum”).
(5) Email advertising containing Advertising Materials or otherwise promoting the Operator may only take place if approved in advance by the Operator and if all recipients have given their explicit consent to email advertising, with verification of the email address through a documented double opt-in procedure.
(6) The Partner shall immediately remove Advertising Materials from the Partner Website upon request by the Operator. This also applies in particular to websites on which the Operator does not or no longer wishes the Advertising Materials to be integrated for any reason.
(7) The Partner shall refrain from referencing the Operator or its products in advertising the Partner Website. In particular, the Partner shall not place context-based ads (especially Google AdWords or AdSense) that contain the Operator’s name, company keywords, or trademarks, or that are delivered based on corresponding keywords. The same applies to the Operator’s product names.
(8) The Partner undertakes not to carry out electronic attacks of any kind on the tracking system and/or the Operator’s websites. Electronic attacks include, in particular, attempts to overcome, bypass, or otherwise disable the tracking system’s security mechanisms, use of software to automatically read data, use or distribution of viruses, worms, trojans, brute-force attacks, spam, or the use of other links, programs, or procedures that may damage the tracking system, the Affiliate Program, or individual participants of the Affiliate Program.
(9) Advertising via third-party websites or marketplaces (e.g., Amazon, eBay, etc.) is strictly prohibited.
(10) Publishing and promoting discount coupons without an expiration date on websites, social media profiles, etc., without prior written agreement and approval from the Operator, is strictly prohibited.
- Remuneration
(1) The Partner receives performance-based remuneration for Sales generated by Partner Leads on the Operator’s website.
(2) The right to payment of remuneration arises only under the following conditions:
- a Sale of an end customer with the Operator is generated through the Partner’s advertising activity,
- the Sale is recorded (“tracked”) by the Operator,
- the Sale is approved and confirmed by the Operator, and
- there is no abuse within the meaning of Section 6.3 of these TC.
(3) A Sale is a fully completed order placed by an end customer on the Operator’s website that has also been paid for by the end customer. Reversals – regardless of the reason – are not considered Sales if the end customer has not paid or payments made have been refunded.
(4) Orders placed by the Partner or their relatives are not eligible for remuneration.
(5) Orders generated via Partner Leads from Partner Websites or other advertising spaces where the Operator has requested removal of the Advertising Materials are not eligible for remuneration. This applies from the time of the request.
(6) The Operator’s tracking system is decisive for determining whether a Sale is based on a Partner Lead. Unless otherwise specified in the Affiliate Program or individual Campaigns, the principle “Last Cookie Wins” applies with a cookie duration of 30 days. The Operator has no payment obligation if and to the extent the tracking system fails or malfunctions, making assignment of Leads or Sales to individual Partners impossible or only possible with disproportionate effort.
(7) The remuneration amount is determined by the commission specified in the respective campaign at the time of the Sale. If not specified, a commission of 10% of the net price of the Sale applies for new customers and 7% for customers who have already placed at least one order in our shop. Shipping costs and product groups or individual products defined by the Operator are excluded from commission.
(8) All commissions are understood as net amounts and will be paid plus VAT.
- Accounting
(1) The Operator provides the Partner with a statement of commission claims in their customer account. The Partner must review the statement without delay. Objections must be made in writing to the Operator within four weeks. After expiry of this period, the statement is deemed correct.
(2) Commission claims are due one month after the end of the month in which the end customer’s payment for the relevant Sale is received. Commission claims are only payable if a minimum payout amount of €25 is reached. The Partner has the right to request lower amounts against payment of a flat handling fee of €5. The fee will be deducted from the payout amount.
(3) Payment is made by bank transfer with debt-discharging effect to the bank account or PayPal account stored by the Partner in their customer account. Any transaction fees (e.g., for foreign bank accounts) shall be borne by the Partner.
- Liability
(1) Unlimited liability: The Operator is fully liable for intent and gross negligence as well as under the German Product Liability Act. For slight negligence, the Operator is liable for damages resulting from injury to life, body, and health.
(2) Otherwise, the following limited liability applies: For slight negligence, the Operator is only liable in the event of a breach of a material contractual obligation, the fulfillment of which enables proper execution of the contract in the first place and on whose compliance the Partner may regularly rely (cardinal obligation). Liability for slight negligence is limited to the foreseeable damages typical for the contract at the time of conclusion.
(3) Further liability of the Operator does not exist to the extent legally permissible.
(4) The above limitations of liability also apply to personal liability of the Operator’s employees, representatives, and bodies.
- Indemnification/Contractual Penalty
(1) The Partner indemnifies the Operator and its employees or agents from all claims by third parties in the event of alleged or actual infringement of rights and/or violation of third-party rights through actions carried out by the Partner in connection with the Affiliate Program. Furthermore, the Partner undertakes to reimburse the Operator for all costs incurred as a result of such claims by third parties. Reimbursable costs also include the costs of reasonable legal defense.
(2) The Partner undertakes to pay a contractual penalty for each case of abuse under Section 6.3, to be determined at the Operator’s reasonable discretion and subject to judicial review in the event of a dispute. The contractual penalty shall not exceed twelve times the Partner’s highest monthly revenue within the six months preceding the abuse. Further claims for damages remain unaffected.
- Usage Rights
(1) The Advertising Materials and other content of the Operator are protected by copyright and/or other intellectual property rights. For the duration and purpose of this contract, the Operator grants the Partner a simple, non-exclusive right to use the Advertising Materials.
(2) Any modification, reproduction, distribution, or public reproduction of the Advertising Materials or a substantial part thereof requires the Operator’s prior written consent, to the extent it exceeds the scope of the rights granted under paragraph 1 above.
- Confidentiality
(1) The Partner undertakes to keep all knowledge of the Operator’s trade and business secrets or other confidential information obtained in the context of the contractual relationship strictly confidential for an unlimited period of time (also beyond termination of this contract), to use them only for the purposes of this contract, and in particular not to disclose them to third parties or exploit them otherwise, unless expressly authorized in writing by the Operator. Information designated as confidential by the Operator is irrefutably presumed to be trade or business secrets.
(2) The content of this contract and its related documents shall be treated as confidential (as trade and business secrets) by the Partner.
(3) The Partner must obligate its employees and other persons used to fulfill contractual obligations to maintain confidentiality in the same manner as set out in paragraphs 1 and 2.
- Term and Termination, Suspension
(1) The contract is concluded for an indefinite period and may be terminated by either party at any time without notice or reason.
(2) In addition, the right of the parties to terminate the contract without notice for good cause remains unaffected. For the Operator, good cause justifying extraordinary termination exists in particular in the following cases:
- serious breach of the Partner’s obligations under this contract, in particular a breach of Sections 6.2, 6.4 and/or 6.8,
- breach of obligations under this contract and failure to remedy or cease the breach despite a corresponding request by the Operator,
- a case of abuse within the meaning of Section 6.3.
(3) Termination may be declared by email. A termination declared by the Operator via email is deemed received on the day it is sent to the email address provided by the Partner in the customer account. The Operator may also declare termination by restricting access to the customer account. The Partner may declare termination by deleting the customer account. The contract is terminated upon receipt of termination.
(4) Upon termination, the Partner is obliged to immediately remove all Advertising Materials and other links and content of the Operator from the Partner Website. This also applies to websites or other advertising media in which the Partner has integrated the Advertising Materials or links without authorization.
(5) Leads and/or Sales generated after termination do not give rise to remuneration claims.
(6) Instead of termination, the Operator may also suspend the customer account in cases under Section 13.2. This also applies if there is only a justified suspicion of abuse under Section 6.3. The Operator shall inform the Partner of the reason for suspension and lift the suspension if the reasons leading to it are clarified and, if necessary, eliminated. Leads generated during the suspension do not give rise to remuneration claims.
- Final Provisions
(1) Should any provision of the contract be invalid, the validity of the remainder of the contract remains unaffected.
(2) The Operator reserves the right to amend these TC at any time. Any changes will be communicated to the Partner by email. If the Partner does not agree with the changes, they are entitled to notify the Operator in writing within four weeks from receipt of the change notice. In this case, the Operator shall have a special right of termination. If no such notification is made within this period, the changes are deemed accepted and take effect upon expiry of the period.
(3) This contract is governed exclusively by German law.
(4) If the Partner is a merchant, a legal entity under public law, or a special fund under public law, the courts at the Operator’s registered office shall have jurisdiction for all disputes arising from or in connection with contracts between the Operator and the Partner.
last updated: January 14, 2026
