You have an Adblocker enabled. Please deactivate it for a trouble-free navigation.General Terms and Conditions (GTC) for Partner Programs
in the uppr network of uppr GmbH for publishers,
As of April 24, 2025
By participating in the uppr network, the partner accepts these GTC.
1. Preamble
uppr GmbH (hereinafter "uppr") operates under the name "uppr network" an offering for the marketing of performance-based marketing on behalf of companies from various industries (hereinafter "Advertisers"). These offer their products and services via the uppr network through appropriate affiliate programs. For this purpose, uppr operates its own online network platform.
The publisher will send advertising emails, place display advertising materials, and/or conduct sales collaborations for the clients (hereinafter "Advertisers") of uppr GmbH within the uppr network to generate new customers/leads. The following agreements are binding for the cooperation between the two parties:
2. Scope of Application
2.1 Under the domain netzwerk.uppr.de, uppr enables registered business partners (hereinafter "Publishers") to participate in the affiliate programs provided by Advertisers. Within these programs, the Publisher provides media services to support the sales of goods and services of the Advertisers over the internet. Registration in the uppr network and participation in the accessible affiliate programs are free of charge for the Publisher. All deliveries, services, and agreements between uppr network and the Publisher are solely based on the following conditions. Advertisers reserve the right to formulate different Publisher conditions for their affiliate programs marketed via uppr. These must be confirmed separately by the Publisher in each case.
2.2 Only commercial users may register as Publishers.
2.3 Deviating business terms of the Publisher do not apply unless uppr explicitly acknowledges them.
3. Participation
3.1 To participate in the partner programs provided by uppr GmbH on behalf of clients, the Publisher promotes their offer by specifying the advertising space(s) or advertising methods used via the uppr network. If the advertised spaces/methods do not match the actual used ones, uppr is entitled to immediately block the Publisher account.
3.2 uppr also reserves the right to reject the registration of the Publisher without giving reasons. There is no entitlement for the applying Publisher to participate in the partner programs stored in the uppr network. uppr can exclude an approved Publisher from individual partner programs without reasons.
3.3 By participating in partner programs provided by uppr, the Publisher accepts any additional, program-specific participation conditions of the Advertiser, which may be stored as rules for each program. These automatically become part of the contract with uppr unless they violate applicable law.
3.4 Only legal entities or natural persons over 18 years old are eligible to participate. A bank account is also required.
3.5 By fully completing the registration form and accepting these conditions, the Publisher offers to conclude a contract for participation in the partner programs provided by uppr, based on these GTC. uppr accepts this offer by sending a confirmation email. If rejected, the data transmitted by the Publisher will be deleted promptly.
3.6 Transfer of registration to third parties without prior written consent from uppr is prohibited and will result in account suspension.
3.7 If the Publisher operates its own sub-partner network, they are responsible for communicating these conditions to their sub-partners, ensuring compliance, and monitoring enforcement. The Publisher is liable for the behavior of their sub-partners towards uppr and the Advertisers.
4. Obligations of the Publisher
4.1 The Publisher commits not to run advertising actions during the partnership that conflict with the interests of uppr and the Advertisers. Specifically, no actions should be conducted directly for the Advertisers bypassing or excluding the uppr network.
4.2 The Publisher ensures that their online advertising media (website, email, etc.) do not contain or spread viruses, Trojans, or similar programs that could damage, delete, secretly intercept data, or otherwise disrupt systems. They are fully liable for damages related to this.
4.3 The Publisher guarantees that their website and advertising media (e.g., banners, emails) comply with current German legal standards and do not infringe third-party rights, especially patents, copyrights, trademarks, or other industrial rights. Content with illegal, gambling, political/racist, religious/pornographic, or otherwise inhumane content is excluded from marketing. The Publisher will indemnify uppr and the Advertisers against third-party claims and support legal defense if necessary.
4.4 Unless otherwise agreed between the parties—in particular in writing—the publisher commits to only set cookies for the end customer when and to the extent that an official advertising material of the advertiser is used, which is visible to the end customer, and the creation of the cookie is preceded by a voluntary and conscious click that complies with the current data protection requirements. The use of advertising formats such as iframes, pop-ups, pop-unders, layers, or postview tracking, which load the advertiser's advertising material and set an uppr network cookie on the user without their involvement, is only permitted with prior—at least in writing—approval from uppr.
4.5 Terms that are protected as trademarks or service marks of the advertiser, especially terms identical or confusingly similar to the advertiser's name or domain, may not be booked by the publisher as search terms in search engine marketing (e.g., Google AdWords or Yahoo! Search Marketing). The publisher ensures that these terms do not appear in search queries in combination with other terms. The publisher is not permitted to run ads that display URLs of the advertiser's websites. The advertiser's or a domain's name may be used in the ad text but not in the headline; violations may result in uppr blocking the publisher's account. If uppr and the advertiser have made a different agreement in writing, the publisher may deviate from these provisions, and uppr will inform the publisher in writing.
4.6 The publisher is prohibited from manipulating the tracking system or other systems used by uppr or third-party agents and publishers through technical or other means to simulate transactions that do not actually occur in a commercial sense, which could trigger payouts or compensation. Specifically, it is forbidden to manipulate, cheat, or artificially generate traffic or to artificially manipulate the actual reach of advertising media. Violations may result in uppr blocking the publisher's account.
4.7 The advertiser and uppr are released from all third-party legal claims (especially from consumers, consumer protection associations, competitors, or government agencies such as the German Federal Network Agency (Bundesnetzagentur, BNetzA) or data protection officers) upon first request, if these claims are related to the sending or placement of advertising materials and/or are based on non-compliance with these Terms and Conditions. This also includes legal costs for enforcement or defense.
4.8 The publisher agrees not to establish direct cooperation in the field of affiliate marketing with advertisers with whom a first contractual collaboration has been established via the uppr network, bypassing uppr. The publisher must prove that a prior collaboration in affiliate marketing existed before contacting the advertiser outside of uppr. A direct partnership is only possible one year after the last collaboration between the advertiser and the publisher through uppr.
5 Special obligations according to the publisher's type
5.1 Email distributions and mailing lists
5.1.1 Emails with advertising from an advertiser may only be sent with prior — at least in writing — approval from uppr.
5.1.2 The publisher must comply with all legal requirements. Emails are only sent to recipients who have given prior, legally valid consent (e.g., double opt-in). The publisher must document this consent reliably. Single opt-in is not permitted. Upon request from uppr GmbH, proof of valid consent must be provided within 48 hours.
5.1.3 In case of complaints related to email campaigns, uppr will forward these to the publisher, who must respond to the complainant or their legal representative. The publisher must also respond to any third parties authorized to assert claims, such as recipients of advertising.
5.1.4 If uppr or the advertiser provides a blacklist, recipients listed there must not be contacted. Violations may lead to account suspension.
5.2 Display marketing
5.2.1 Technologies used may only collect data necessary for targeting specific audiences. uppr can request disclosure of the collected data.
5.2.2 Pixels that are loaded later must be approved by uppr beforehand.
5.2.3 An opt-out link must be provided before starting a campaign.
5.3 Sales cooperation
5.3.1 The publisher guarantees that they are the rightful operator of the website they specify, including being the owner or lawful user of the domain.
5.3.2 Websites promoting the advertiser's product must have a valid imprint.
5.3.3 The publisher must keep their website up-to-date and properly maintained, especially regarding advertising measures. The publisher is responsible for all content on their website.
6 Advertising Materials
6.1 The advertising materials provided by uppr or the Advertiser may not be altered or modified by the Publisher.
6.2 No content other than the advertising materials provided by the Advertiser via uppr may be used. The Publisher must ensure, by regularly retrieving the materials via uppr, that they are always using the most current version of the Advertiser’s advertising materials.
6.3 The Publisher undertakes to immediately delete and cease using any advertising materials provided by uppr or the Advertiser upon request by uppr and/or the Advertiser or a third party commissioned by them. If the removal is not carried out immediately, the Publisher shall indemnify uppr against any damage that may arise from their delayed action and shall bear alone any costs that may be incurred by them, uppr, and the Advertiser.
7 Technical Failures
The aforementioned Publisher is aware that technical errors may occur during a campaign. uppr will conduct the campaigns properly, but assumes no liability for technical errors caused by server failures, disruptions of communication networks, computer failures at internet providers, cyberattacks, force majeure, etc.
8 Remuneration
8.1 The remuneration of the Publisher is regulated according to the partner program and is performance-based – that is, depending on the partner program, in particular based on contracts/concluded purchases or leads (clear expressions of interest) – but at the latest within seven days after receipt of payment from the Advertiser to uppr. Detailed information about the remuneration models and conditions of individual partner programs can be found in the partner program description and the associated rules.
8.2 The billing-relevant figures of uppr GmbH apply after cancellation and validation by the Advertiser. The Publisher is only entitled to remuneration for valid transactions generated under their account.
8.3 The number of generated new customers/leads, etc. will be remunerated. The amount of remuneration and the maximum quantity will be agreed individually with the Publisher. The price is exclusive of statutory VAT.
8.4 After the end of campaigns and receipt of the final report, complaints with the aim of claiming further remuneration can no longer be considered. The final report is created within a period defined in the individual partner programs (usually between 4 weeks and 12 months) after the end of the campaign.
8.5 Publishers are sometimes provided with voucher codes as part of exclusive campaigns. These voucher codes are bound to the respective Publisher and may not be used by other Publishers under any circumstances. If a Publisher nevertheless uses such a voucher code, uppr reserves the right not to reimburse the entire transaction; the claim for reimbursement shall then expire with a corresponding declaration on the part of uppr. uppr must submit this declaration at the latest with the invoice in accordance with Section 9 below.
9 Invoicing
9.1 The Publisher shall receive a statement of account from the uppr network at regular intervals. The uppr network will pay the remuneration to the Publisher if the remuneration for the reporting month to be invoiced is at least €25.00 net. If it is less than €25.00 net, uppr will only pay out the Publisher's remuneration in the month in which the addition of the credits due on the Publisher account results in at least €25.00 net. uppr shall issue a proper credit note for each payout, which shall be paid out to the Publisher's specified bank account within 30 days of the credit note being issued. The credit balance on the Publisher Account shall not bear interest.
9.2 The payment of the remuneration does not constitute an acknowledgement on the part of uppr that the credits to the Publisher Account were based on valid transactions in accordance with these Terms. If the generation of a transaction was based on manipulation or deception or a violation of the conditions of the partner program or these conditions, or if a valid transaction in accordance with these conditions cannot be determined for other reasons after verification, uppr is entitled to debit the Publisher's account within a period of 12 weeks after payment or to reclaim the amount paid out. uppr reserves the right to reclaim a payment even after this period if uppr proves that the payment to the Publisher was not based on a claim for remuneration justified by a valid transaction.
10 Term
10.1 This contract is concluded for an indefinite period and can be terminated by either party to the contract at least in text form (§ 126b German BGB) with a notice period of one month.
10.2 uppr is entitled to terminate the contract with the Publisher with one day's notice to the end of a calendar week and to deactivate the Publisher's account if the Publisher has not received payment of the Publisher's credit balance in accordance with Section 8 within a period of 9 months. Amounts of less than € 25.00 net in accordance with Clause 9.1 shall then be paid out.
10.3 The parties reserve the right of extraordinary termination. uppr is entitled to terminate the contract extraordinarily without notice and to deactivate the account in the event of serious or sustained breaches of these terms and conditions by the Publisher. In particular, violations of provisions within these GTC, where explicit reference is made to a right to block, always entitle the Publisher to deletion and termination upon the first violation.
11 Right of retention/contractual penalty
11.1 In the event of breaches by the Publisher of its obligations under Sections 3, 4, 5 and 6, uppr network is entitled to withhold any remuneration earned by the Publisher that has not yet been paid out and to reclaim any remuneration already paid out during the period of the breach in the amount of the loss incurred and, in addition, to withhold/demand a contractual penalty of a maximum of 5% of the sales generated in the last 12 months (see Section 11.2 below for more details). uppr reserves the right to assert further claims for damages. Refusal to pay in connection with claims arising from this clause entitles uppr to block the account and to terminate the cooperation without notice.
11.2 For each case of infringement of the Publisher's obligations under paragraphs 1, 2, 3 and 4 of this agreement, the Publisher undertakes to pay uppr GmbH a contractual penalty to be determined by uppr GmbH at its reasonable discretion. In the event of a dispute, the amount of the contractual penalty shall be reviewed by the competent court for its fairness, but may not exceed a total of 5% of the turnover generated in the last 12 months.
12 References
The naming of the campaign and/or the Advertiser as a reference is only permitted after approval - at least in text form - by uppr.
13 Data protection and confidentiality
13.1 Within the scope of its activities for uppr, the Publisher shall comply with the applicable provisions regarding data protection, in particular the EU General Data Protection Regulation (GDPR). In addition, the Publisher shall observe any further provisions regarding data protection that are formulated in the respective conditions of participation of the affiliate programs.
13.2 In particular, the Publisher shall inform the Advertiser and other persons coming into contact with its services in connection with the subject matter of the contract about the type, scope and purpose of the collection and use of data in a generally understandable form by means of a data protection declaration. This relates in particular to the collection and storage of IP addresses and the use of cookies.
13.3 If the Publisher collects personal data from Advertisers and other persons coming into contact with its services in connection with the subject matter of the contract via an input form, it must mark mandatory fields and voluntary information appropriately. The collected form data must be collected or transmitted exclusively by encrypted means.
13.4 If personal data from uppr is processed by the Publisher in accordance with the GDPR, the Publisher undertakes to actively inform uppr of this and to sign an agreement on commissioned data processing with uppr.
13.5 The Publisher undertakes not to disclose information about the content of this partnership or any data and figures of which it becomes aware in the context of this partnership to third parties or make them accessible to third parties, unless such information is or becomes publicly known or accessible, unless disclosure is mandatory due to legal or official requirements. In return, uppr undertakes not to disclose the Publisher's individual performance data to third parties or make it accessible to third parties without the Publisher's consent, unless such information is or becomes publicly known or accessible, unless disclosure is mandatory due to legal or regulatory requirements.
13.6 The aforementioned provisions shall continue to apply indefinitely even after termination of the contractual relationship on which the partnership is based.
14 Use of personal data by uppr
14.1 uppr uses the personal data collected and processed by the Publisher in connection with its registration and during the use of the uppr network exclusively for the purpose of fulfilling the contract (Art. 6 para. 1 b) GDPR), for legal obligations (Art. 6 para. 1 c) GDPR), and for legitimate interest (Art. 6 para. 1 f) GDPR).
Type of data processed:
o Contact details: Telephone number, e-mail address
o Inventory data such as first and last name, company, address
o Contract data: Account data, tax data such as tax number and VAT ID
o Website
Detailed information regarding the processing of personal data by uppr can be found in the privacy policy at http://uppr.de/datenschutz/ or will be made available on request.
The Publisher is aware that uppr or the Advertiser may make direct contact by letter, e-mail or telephone as required within the scope of the cooperation.
15 Changes to the General Terms and Conditions
uppr reserves the right to amend these General Terms and Conditions. uppr shall notify the Publisher of the changes or the new General Terms and Conditions by e-mail.
16 Final provisions
16.1 Unless otherwise agreed between uppr and the Publisher, individual ancillary agreements, amendments or supplements to the terms and conditions between the parties must be made in writing to be effective.
16.2 Rights and obligations arising from this contract may only be transferred with the prior consent of uppr - at least in text form.
16.3 These GTC and the contractual relationship with the Publisher shall be governed exclusively by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).
16.4 Möhnesee, Germany is agreed as the place of jurisdiction.
16.5 Should individual clauses of these Terms and Conditions be invalid in whole or in part, this shall not affect the validity of the remaining provisions. The invalid provision shall be deemed replaced by a provision that usually comes closest to the meaning and purpose of the invalid provision in a legally effective manner. The same applies to any loopholes.
16.6 Both parties agree to maintain absolute confidentiality with regard to the agreed conditions.