Terms of Service of Alpine Affiliate Partners GmbH
Effective Date: 20 May 2026
1. Introduction and Acceptance of Terms
These Terms of Service (“Terms”) govern the use of the services provided by Alpine Affiliate Partners GmbH, Am Grünen Prater 2/1/12, 1020 Wien, Austria (“Alpine Affiliate Partners GmbH”, “we”, “us”, or “our”).
By requesting, engaging, or otherwise using our services, the client (“Client”, “you”, or “your”) confirms that it has read, understood, and agreed to be bound by these Terms. If you do not agree to these Terms, you must not use our services.
These Terms apply to all services provided by Alpine Affiliate Partners GmbH in connection with affiliate marketing and related performance-based partnership services, unless otherwise agreed in writing.
2. Scope of Services
Alpine Affiliate Partners GmbH provides affiliate and partnership marketing services, which may include, without limitation:
- affiliate program setup and management;
- publisher recruitment and relationship management;
- campaign tracking and performance reporting;
- commission strategy and payout optimization;
- content partnership development; and
- conversion rate analysis for affiliate traffic.
The exact scope, deliverables, timelines, fees, and any service-level commitments shall be agreed in a separate written agreement, statement of work, order form, email confirmation, or similar written arrangement. In the event of any conflict, the separate written agreement shall prevail over these Terms to the extent expressly stated.
We may use subcontractors, tools, platforms, and third-party service providers to perform the services, provided that this does not materially reduce the agreed service quality.
3. User Obligations and Responsibilities
You agree to:
- provide complete, accurate, and up-to-date information necessary for the performance of the services;
- ensure that you have all rights, licenses, approvals, and consents required for the materials, trademarks, content, tracking links, landing pages, and promotional assets you provide;
- comply with all applicable laws and regulations, including consumer protection, advertising, competition, e-commerce, and data protection laws;
- not use the services for unlawful, misleading, deceptive, discriminatory, or infringing activities;
- cooperate promptly and in good faith, including by providing approvals, feedback, access credentials, and technical information where reasonably required;
- maintain the security and confidentiality of any access credentials, dashboards, or account information shared with you; and
- notify us without undue delay of any errors, suspected fraud, tracking issues, or unauthorized use affecting the services.
You are solely responsible for the legality, accuracy, and compliance of your products, services, offers, claims, and marketing materials. We do not assume responsibility for your business decisions, pricing, or legal compliance unless expressly agreed in writing.
4. Payment Terms and Conditions
Unless otherwise agreed in writing, fees are payable in accordance with the applicable order form, invoice, or written agreement. All amounts are stated exclusive of VAT and any other applicable taxes unless expressly indicated otherwise.
- Invoices are due within 14 calendar days from the invoice date, unless a different payment term is agreed in writing.
- Payments shall be made without deduction, set-off, or withholding, except where mandatory law requires otherwise.
- In the event of late payment, we may charge statutory default interest under Austrian law and reasonable costs of collection.
- We may suspend services, in whole or in part, if invoices remain unpaid after a reasonable reminder period, without prejudice to any other rights or remedies.
- Any third-party costs, media spend, platform fees, software subscriptions, or travel expenses shall only be reimbursable if expressly approved in writing in advance.
Unless otherwise agreed, recurring fees are billed in advance and performance-based fees are billed according to the agreed reporting cycle. Any disputed invoice item must be notified in writing within 14 calendar days of receipt, specifying the reasons for the dispute.
5. Cancellation and Refund Policy
Unless a separate written agreement provides otherwise, either party may terminate an ongoing service relationship by giving 30 days’ written notice to the end of a calendar month.
We may terminate or suspend the services with immediate effect if:
- you materially breach these Terms and fail to remedy the breach within a reasonable period after notice, where remedy is possible;
- you engage in unlawful conduct, fraud, or misuse of the services;
- you fail to pay undisputed amounts when due; or
- continuation of the services would expose us to legal, regulatory, or reputational risk.
Fees already paid are non-refundable to the extent services have been performed, resources have been reserved, or third-party costs have been incurred. Refunds, if any, shall only be due where required by mandatory law or expressly agreed in writing. Any prepaid amounts for services not yet rendered at the time of termination shall be handled in accordance with the applicable written agreement and Austrian law.
6. Liability Limitations
We shall perform our services with reasonable care and skill in accordance with applicable Austrian law. However, affiliate marketing outcomes depend on numerous factors outside our control, including market conditions, publisher behavior, tracking technology, product quality, pricing, and third-party platform changes. Accordingly, we do not guarantee specific sales volumes, conversion rates, rankings, revenue, or profitability unless expressly agreed in writing.
To the extent permitted by law, Alpine Affiliate Partners GmbH shall be liable only for damages caused by intent or gross negligence. In cases of slight negligence, liability shall be limited to the breach of essential contractual obligations and, in such cases, only for foreseeable damage typical for the contract.
To the extent permitted by law, we shall not be liable for indirect, incidental, special, consequential, or punitive damages, including loss of profit, loss of revenue, loss of goodwill, or loss of data, unless mandatory law provides otherwise.
Nothing in these Terms excludes or limits liability where such exclusion or limitation is prohibited under applicable law, including liability for personal injury, fraud, or mandatory statutory obligations.
You remain responsible for ensuring that your own websites, offers, and campaigns comply with applicable law. We are not liable for third-party services, tracking failures caused by external systems, platform outages, or actions of publishers, advertisers, networks, or other third parties beyond our reasonable control.
7. Intellectual Property Rights
All intellectual property rights in our pre-existing materials, methodologies, templates, know-how, processes, reports, tools, and documentation remain the exclusive property of Alpine Affiliate Partners GmbH or its licensors.
Upon full payment of all undisputed fees due, you receive a non-exclusive, non-transferable, revocable license to use deliverables created specifically for you under the applicable agreement, solely for your internal business purposes and the intended campaign use, unless otherwise agreed in writing.
You grant us a non-exclusive, worldwide, royalty-free license to use your trademarks, logos, content, and other materials solely to the extent necessary to perform the services and to report on performance, subject to confidentiality obligations and applicable law.
Neither party may use the other party’s name, logo, or trademarks for marketing or publicity purposes without prior written consent, except where required by law or where such use is expressly agreed.
8. Data Protection and Privacy
Each party shall comply with applicable data protection laws, including the EU General Data Protection Regulation (GDPR) and the Austrian Data Protection Act (DSG), where applicable.
Where we process personal data on your behalf in connection with the services, the parties shall enter into a separate data processing agreement if required by law. In such cases, that agreement shall govern the processing of personal data.
You warrant that you have a lawful basis for any personal data you provide to us and that all necessary notices, consents, and rights disclosures have been made to data subjects where required.
We process personal data only to the extent necessary to provide the services, manage client relationships, fulfill legal obligations, and protect our legitimate interests, subject to our privacy notices and applicable law.
9. Force Majeure
Neither party shall be liable for any delay or failure to perform its obligations to the extent caused by events beyond its reasonable control, including but not limited to acts of God, fire, flood, war, terrorism, labor disputes, governmental actions, epidemics, pandemics, power failures, internet outages, platform disruptions, or failures of third-party systems.
The affected party shall notify the other party without undue delay and use reasonable efforts to mitigate the effects of the force majeure event and resume performance as soon as reasonably practicable.
10. Changes to Terms
We may amend these Terms from time to time to reflect changes in law, business practices, or the scope of our services. The updated Terms will be effective upon publication or upon the date stated in the revised version, whichever is later, unless mandatory law requires otherwise.
Where changes materially affect an ongoing contractual relationship, we will provide reasonable notice in advance where practicable. Continued use of the services after the effective date of the revised Terms constitutes acceptance of the updated Terms, to the extent permitted by law.
11. Applicable Law and Jurisdiction
These Terms and any non-contractual obligations arising out of or in connection with them shall be governed by the laws of Austria, excluding its conflict of laws rules and the United Nations Convention on Contracts for the International Sale of Goods (CISG), to the extent legally permissible.
Subject to mandatory consumer protection rules, if applicable, the exclusive place of jurisdiction for all disputes arising out of or in connection with these Terms shall be the competent court in Vienna, Austria.
12. Contact Information
If you have any questions, notices, or complaints regarding these Terms or our services, please contact:
- Alpine Affiliate Partners GmbH
- Am Grünen Prater 2/1/12, 1020 Wien, Austria
- Email: [email protected]
- Phone: +43 1 587 42 86
13. Severability Clause
If any provision of these Terms is held to be invalid, unlawful, or unenforceable by a competent court or authority, the remaining provisions shall remain in full force and effect to the extent permitted by law.
The invalid or unenforceable provision shall be replaced by a valid provision that most closely reflects the economic purpose of the original provision, to the extent legally permissible.
By engaging the services of Alpine Affiliate Partners GmbH, you acknowledge that you have read and understood these Terms and agree to be bound by them.