Terms of Service

Terms and Conditions of Participation (Terms)

1. Scope

1.1

The Cavestone Affiliate Program as offered by Cavestone provides Cavestone Affiliates (hereinafter referred to as “Affiliates” or “Partners” or individually as the “Partner”) with the opportunity to receive once off commissions (compensation in the form of a percentage of revenue generated by the Partner for Cavestone) for recruiting Cavestone Customers (hereinafter referred to as “Customers”). By applying to be an Affiliate of Cavestone the Cavestone Affiliate (hereinafter referred to as “Affiliate” or “Partner”) accepts the following Terms and Conditions of Participation in the Cavestone Affiliate Program (hereinafter referred to as the “Affiliate Terms and Conditions of Participation” or “Terms”).

1.2
The following Terms apply in their respective version in addition to the individual contractual terms and conditions that apply to the respective Affiliate and are made available to the Affiliate on the external affiliate platform upon registration. If the individual contractual terms and conditions contain provisions that contradict these Terms, the provisions of the individual contractual terms and conditions shall take precedence in this case. The Partner's participation in the Cavestone Affiliate Program is based exclusively on these Affiliate Terms and Conditions, as well as the individual, affiliate-specific contract terms and conditions made available to the respective Affiliate on the external affiliate platform.

2. Conclusion of Contracts

2.1

In order to apply to the Cavestone Affiliate Program, the Partner must create and maintain a Cavestone account and submit the Cavestone Affiliate Program application form in full, which is to be found via the Cavestone Affiliate Program website “Cavestone.com"

2.2

Via concluding and fully completing the application, and more specifically creating a Cavestone account, as well as accepting these Terms, and submitting the completed application form, the Partner is making an offer to conclude a contract for the participation in the Cavestone Affiliate Program, which is subject to these Terms. If Cavestone accepts the offer, the Partner will receive a confirmation email from Cavestone. Upon acceptance, the contract is concluded between the Partner and Cavestone.

2.3

Cavestone shall review the application and, where applicable, the Partner shall be notified as to the outcome of the review. Unless the Partner/Affiliate receives a confirmation of acceptance into the Cavestone Affiliate Program within 30 days of submission of the application, the submitted application will be deemed to have been rejected and the corresponding data submitted with the application form will be immediately deleted. Cavestone is entitled to refuse the application of the Partner without providing justification or reasoning for its decision. Any alleged entitlements of the applying partner to participate in the Cavestone Affiliate Program are hereby expressly excluded.

2.4

Only legal persons as well as natural persons with unlimited legal capacity in the sense of §14 of the German Civil Code (BGB) may apply to the Cavestone Affiliate Program. There is no guarantee of participation. Cavestone reserves the right to request appropriate proof of identity and/or legal capacity, such as a valid trade license, commercial register extract, and/or proof of identity at any time and at its sole discretion.

2.5

If an employee or an agent of a legal entity applies to be a Cavestone Affiliate, they must be authorized in writing by the legal entity in question, to do so. The same applies if another third party submits an application on behalf of the Partner. The proof of power of attorney or authorization must be provided without undue delay upon request by Cavestone.

2.6

The minimum age for participation in the Cavestone Affiliate Program is the minimum legal age to conduct business in the corresponding jurisdiction of the Affiliate and in any case, not less than eighteen years of age.

2.7

Except where otherwise stipulated in these Terms, participation in the Cavestone Affiliate Program is free of charge for the Partner.

3. Personal Data

3.1

The Partner warrants that the personal data provided by the Partner is true and complete. Furthermore, the Partner agrees to keep their personal data provided to Cavestone or the External Affiliate

Platform contracted by Cavestone in order to offer the Cavestone Affiliate Program (hereinafter referred to as the “External Affiliate Platform”, up to date at all times.

3.2

Cavestone shall, where technically feasible enable the Affiliate to access the External Affiliate Platform, where all procured transactions and their status are displayed. Participation in the Cavestone Affiliate Program is subject to the creation of an account with the External Affiliate Platform and acceptance of, as well as adherence to the Terms of the External Affiliate Platform, which can be found here. Once the Affiliate's application has been processed by Cavestone, Cavestone shall provide the Affiliate with specific information regarding setting up an account with the External Affiliate Platform. Cavestone has entered into a data processing agreement with the External Affiliate Platform and full details of this Platform can be found in the list of sub processors, annexed to these Terms.

3.3

To exclude any use by unauthorized third parties, the Partner shall keep their Login data confidential. If the Partner has reason to believe that unauthorized third parties have gained access to, or can obtain access to their access data, the Partner shall inform Cavestone immediately. In this case, the Partner is also obligated to change their password immediately.