Terms of Service
§ 1 General
(1) Stylink Social Media GmbH (hereinafter referred to as "stylink") offers an online platform under the domain stylink.com, which enables users of various social media channels (hereinafter referred to as "influencer") to create product links for recommendations (so-called affiliate links) via the stylink Linkmaker and to publish them on the social media channels. These product links can be clicked on and used by interested parties (hereinafter referred to as "followers") to obtain product information and make purchases.
(2) These General Terms and Conditions (GTC) regulate the use of the services under the domain www.stylink.com, the use of the mobile applications of stylink as well as the utilisation of other services of stylink.
(3) These GTC become part of the contractual agreements between stylink and influencers.
(4) The consent to these GTC is given by the influencers upon registration on stylink.
§ 2 Registration, conclusion of contract
(1) In order to use the services and platform of stylink, registration on the website under the domain stylink.com is necessary. The registration is carried out via the email address, a self-created password, name and social media account (in particular Instagram and YouTube) of the Influencer.
(2) The Influencer must have full legal capacity and be over the age of eighteen. This is confirmed with the registration.
(3) The influencer commits himself to create only one account.
(4) The Influencer agrees that stylink gets access to parts of his social media account that are relevant for the user relationship.
(5) The registration includes the permission for stylink to display the contents of the Influencer.
(6) The use of stylink is always free of charge for the Influencer. There is no obligation to use stylink. Furthermore, every Influencer is free to decide at any time whether, when and to what extent, he wants to be active on stylink or whether he wants to discontinue his activity.
(7) The Influencer must have a permanent residence as well as a bank account in Germany, Austria, Switzerland or Great Britain in order to be able to fully use the service and the platform. Influencers who do not fulfil these requirements cannot receive any payout of income earned via stylink.
(8) After registration, stylink decides within a selection procedure whether the social media channel of the user and/or its content visible are compatible with the offer of stylink and its cooperation partners (here in particular according to the specifications of the online shops) and whether the user is allowed to use the platform for himself. Excluded are influencers with non-publicly visible social media accounts or empty accounts. A claim to participation in the offer of the platform of stylink does not exist. stylink reserves the right to exclude Influencers from the use of the platform.
§ 3 Description of service
Influencers have the opportunity to earn money with stylink. They are paid for each unique click of a follower within the context of recommending products. Unique clicks are explicitly not click fraud, double clicks, clicks that do not originate from countries in accordance with Article 2(7), clicks as a result of so-called click baits, clicks as a result of incentives that do not correspond to any recommendation, as well as clicks that are not based on an intention to purchase or inform. The regulations in accordance with Article 5(5) (a) and (b) also apply.
The amount of income generated depends largely on the conditions that stylink is given and made available by its partners. In the Linkmaker, there is the option to create specific, platform-dependent affiliate links (currently Instagram and YouTube). These links may only be used and posted on the respective platform. Stylink reserves the right to set the compensation for incorrectly used affiliate links to zero. Influencers can find out about the amount of the respective click price for the respective platforms in the stylink Linkmaker.
§ 4 Transfer of rights of use
Within the use of stylink framework, influencers transfer a non-exclusive, remuneration-free, comprehensive right of use, limited to the duration of the contractual relationship, to the photos, texts, illustrations, images, videos and other content made accessible in the social media profiles, in particular for the purpose of duplication, editing and making publicly accessible on stylink.
The non-exclusive right of use also includes company trademarks, registered trademarks, work titles, other similarly identifying brandings or works that an influencer transmits to stylink. The use is always limited to the purpose of the contract.
§ 5 Rights and obligations
(1) Influencers assure that they provide true and complete information at registration. Should this not be the case, stylink reserves the right to exclude Influencers from using the platform.
(2) Influencers are not authorised to pass on their access data and passwords to third parties. Should third parties gain access to the stylink account of an influencer or the suspicion of misuse exist, the influencer is requested to contact stylink immediately in order to have the Influencer’s data changed.
(3) Influencers are obliged to refrain from everything that endangers or disturbs the operation and functioning of stylink and the prosperous cooperation.
Influencers are prohibited in particular
- to violate the rights of third parties, in particular copyrights, personal rights, trademark rights, company rights etc,
- to offend common decency, make statements or choose a particular username that violates the religious feelings of others or are racist or discriminatory,
- to use the e-mail address or Internet address as their username,
- to use social media accounts that are not owned by the influencer,
- to use, post, publish or link to any insulting or defamatory content on any third party website, whether such content affects other participants or other persons or companies,
- to use, post or publish political, immoral, pornographic, morally reprehensible, offensive, violent, violence glorifying, sexist, right-wing or left-wing extremist content or content that violates laws, in particular youth protection laws and the Interstate Treaty on the Protection of Minors in the Media, or to link to corresponding material on a third party website or to advertise, offer or distribute pornographic products or products that violate laws, in particular youth protection laws,
- to violate applicable laws and/or jurisdiction with regard to the obligation to label advertising content,
- to harass other influencers unreasonably (e.g. by spam), in particular by sending unsolicited messages, advertising or for other commercial or industrial purposes without the legally effective consent of the recipient,
- to publish, reproduce, make publicly available or distribute content protected by law (e.g. by copyright, trademark, patent, design or utility model law) without being entitled to do so,
- to engage in or promote anti-competitive activities, including progressive customer acquisition (such as chain, snowball or pyramid schemes),
- to ask other influencers to provide personal data for commercial or illegal purposes or to provide access data,
- to reproduce a picture of another person or make it publicly accessible without the written consent of the person concerned,
- to use our affiliate links on TikTok.
(4) stylink reserves the right to remove the content of influencers from marketing in whole or in part and to delete them if there are indications that these influencers violate these GTC or legal requirements, the guidelines of social media providers or the guidelines of stylink partners.
(5) Influencers are prohibited from committing click fraud. This is deemed to be the case if a click on a product link is made without the intention of information or purchase behind this click. A distinction is made between manual and automatic click fraud.
(a) Manual click fraud
The Influencer or another person clicks on the respective product links on their own behalf.
(b) Automatic click fraud
A special program, a so-called click bot, takes over the clicking of the product link instead of a human being.
(6) If there are indications of violations against § 5 of these General Terms and Conditions, stylink is entitled to delete the influencer's stylink account and block it from any further use of the stylink platform. In addition, stylink reserves the right not to pay out any remuneration achieved so far as well as to report possible fraud.
§ 6 Remuneration
(1) Prerequisites for the payment of a remuneration are an achieved turnover of at least 50.00 GBP, the existence of the prerequisites according to § 2 (7) of these General Terms and Conditions, the absence of the abuse prerequisites (cf. § 5) as well as the payment request of the influencer directed to stylink.
(2) The settlement of the amounts earned through clicks will be carried out within two working days after the influencer's request. Thereafter, the payment of the amounts will be made under consideration of the usual terms for bank transfers. When registering, but at the latest when requesting payment, the influencer must enter and save his bank details in his account. The information will be used exclusively to pay out sales achieved via the platform.
(3) Influencers are responsible for the taxation of their income. Should influencers be subject to turnover tax, they are obliged to inform stylink of their tax number or turnover tax ID. stylink will in this case create credit vouchers with stated turnover tax.
(4) The amounts shown in the credit vouchers are in each case gross amounts including the respectively applicable value-added tax.
§ 7 Warranty
(1) There is no claim to error-free and uninterrupted usability. stylink is operated within the scope of technical possibilities.
(2) The legal regulations apply to the rights in the event of material defects and defects of title unless otherwise stipulated in these GTC.
(3) stylink assumes no guarantee for the correct data acquisition with regard to a generated recommendation link.
§ 8 Liability
(1) stylink is liable for intent and gross negligence. The liability of stylink shall in any case be limited to damages which were caused by stylink, its legal representatives or vicarious agents intentionally or through gross negligence or which are based on the violation of a main obligation which is essential for the contractual relationship. The liability for damages is thereby limited to the foreseeable, typically occurring, damage. Liability for culpable injury to life, body or health remains unaffected. This also applies to the mandatory liability according to the Product Liability Act.
(2) In particular, stylink assumes no responsibility and liability for any damage caused by external influence on the system or during the process of data transmission.
(3) stylink provides any information, advice and recommendations to the best of its knowledge. A contractual main or secondary obligation to provide information, advice or recommendations does not exist. Information, advice and recommendations can be a picture or text, regardless of whether such information, advice or recommendations are publicly accessible (e.g. on the websites under domain stylink.com) or were given to the user personally. Therefore, stylink is not obliged to compensate for any damage resulting from the observance of the information, advice or recommendation, unless liability results from a tortious act or any other legal provision.
(4) Influencers are themselves directly liable towards third parties in the event of a violation of the rights of third parties for which they are responsible. Influencers commit themselves to compensate stylink for all damages which arise due to the culpable non-observance of the obligations resulting from these general terms and conditions.
(5) Influencers release stylink from all claims which other influencers or other third parties assert against stylink due to the infringement of their rights through contents posted by stylink influencers or due to the infringement of other obligations. The stylink influencer also assumes the costs of the necessary legal defence of stylink including all court and lawyer's fees. This does not apply as far as the infringement of rights is not the responsibility of a stylink influencer.
(6) Otherwise any liability for damages on the part of stylink, regardless of the legal grounds, is excluded.
§ 9 Notes on data processing
(1) Within the framework of the contract execution, stylink collects and stores personal data of the influencer and the data taken with his consent from his social media channels.
(2) Any data transmitted in connection with the registration as a stylink influencer can be managed, changed or deleted by the influencer in his account. The influencer can have his stylink user account deleted at any time without giving reasons by sending an email to firstname.lastname@example.org.
(3) The collected, personal data will only be stored as long as it is necessary for the fulfilment of the contract, unless legal retention periods require storage beyond that.
(4) In all other respects, with regard to the collection, processing and use of data, reference is made to the DSGVO-compliant data protection information, which can be accessed at any time at www.stylink.com.
(5) This website may contain advertisements of third parties that use content provided by Rakuten Advertising. For more information about the data collected and used and your related rights, please visit https://rakutenadvertising.com/legal-notices/services-privacy-policy/.
§ 10 Final provisions
(1) German law is applicable to contracts between stylink and the Influencer. Place of jurisdiction for all disputes arising from contractual relationships between stylink and the Influencer is Münster.
(2) The rights and obligations from this contractual relationship are only transferable with the consent of the other contractual party.
(3) Claims from this contractual relationship may only be assigned with our written consent.
(4) stylink reserves the right to change and adapt the GTC at any time. Changes will be made known to the influencers without delay. Influencers have the possibility of lodging an objection in written or electronic form (email) within two weeks of notification of the changes. The subsequent, further use of stylink will be considered as agreement to the changed GTC.
(5) Should individual provisions of these GTC be or become completely or partially invalid or should there be a gap in these GTC, the validity of the remaining provisions shall not be affected. In place of an invalid provision, the valid provision shall be deemed agreed upon which comes closest to the purpose of the invalid provision. In the event of a gap, that provision shall be deemed agreed which corresponds to what would have been agreed in accordance with the economic purpose of these GTC if the parties had considered this circumstance from the outset.
(6) Oral collateral agreements do not exist. Amendments or supplements to these GTC - including this written form clause - must be made in writing.
Copyright: Stylink Social Media GmbH, All Rights Reserved
As of April 2021