PI SOCCER, INC Affiliate Program
Terms and Conditions of Participation (Terms)
1. Scope
2. Conclusion of Contracts
3. Personal Data
4. Duties of the Partner
5. Tracking, Tracking Obligations, Reporting
6. Remuneration/Commission and Payments
7. Crediting, Verification and Payment of Commissions
8. Invoice and Value-Added Tax
9. Advertising Materials and Usage Rights
10. Legal Status of the Partner
11. Duration and Termination of Participation in the PI SOCCER, INC Affiliate Program
12. Data Protection and Confidentiality
13. Scope of Services and Changes
14. Limitation of Liability
15. Final Provisions

1. Scope
1.1 
The PI SOCCER, INC Affiliate Program as offered by the PI SOCCER, INC (hereinafter referred to as “PI SOCCER, INC”) provides PI SOCCER, INC 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 PI SOCCER, INC) for recruiting PI SOCCER, INC Customers (hereinafter referred to as “Customers”). By applying to be an Affiliate of PI SOCCER, INC, the PI SOCCER, INC Affiliate (hereinafter referred to as “Affiliate” or “Partner”) accepts the following Terms and Conditions of Participation in the PI SOCCER, INC 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 PI SOCCER, INC 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 PI SOCCER, INC Affiliate Program, the Partner must create and maintain a PI SOCCER, INC account and submit the PI SOCCER, INC Affiliate Program application form in full, which is to be found via the PI SOCCER, INC Affiliate Program website “https://pisoccer.com”.

2.2
Via concluding and fully completing the application, and more specifically creating a PI SOCCER, INC 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 PI SOCCER, INC Affiliate Program, which is subject to these Terms. If PI SOCCER, INC accepts the offer, the Partner will receive a confirmation email from PI SOCCER, INC. Upon acceptance, the contract is concluded between the Partner and PI SOCCER, INC.

2.3
PI SOCCER, INC 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 PI SOCCER, INC 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. PI SOCCER, INC 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 PI SOCCER, INC 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 PI SOCCER, INC Affiliate Program. There is no guarantee of participation. PI SOCCER, INC 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 PI SOCCER, INC 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 PI SOCCER, INC.

2.6 
The minimum age for participation in the PI SOCCER, INC 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 PI SOCCER, INC 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 PI SOCCER, INC or the External Affiliate
Platform contracted by PI SOCCER, INC in order to offer the PI SOCCER, INC Affiliate Program (hereinafter referred to as the “External Affiliate Platform”, up to date at all times.

3.2 
PI SOCCER, INC 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 PI SOCCER, INC 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 PI SOCCER, INC, PI SOCCER, INC shall provide the Affiliate with specific information regarding setting up an account with the External Affiliate Platform. PI SOCCER, INC 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 PI SOCCER, INC immediately. In this case, the Partner is also obligated to change their password immediately.
4. Duties of the Partner
 4.1 
The Partner is obligated to ensure that their commercial offer contains the relevant, correct and up-to-date supplier identification (/Business-) information and/or the Partner shall, of their own accord, comply with the general business information requirements (or a similar legal duty in their applicable jurisdiction such as, but not limited to the “Prior Information” listed under Article 4 (1) of the European Directive 97/7/EC). The aforementioned required general information (supplier identification) is to be available to third parties upon initial publication of the Partner’s online offer, upon acceptance to the PI SOCCER, INC Affiliate Program. The Partner is obligated to and is responsible for complying with all laws that apply to them, within the applicable jurisdiction, as well as where appropriate, the regulations of the Federal Republic of Germany.

4.2 
Violent representations, sexually explicit or pornographic content or any discriminatory statements or representations regarding race, gender, religion, nationality, disability, sexual orientation or age etc. are not permitted on the Partner's website and/or in connection with their participation in the PI SOCCER, INC Affiliate Program. The website design is not permitted to interfere with the reputation or regard for PI SOCCER, INC's product or service, brand or business.

4.3 
Irrespective of any possible violations of the law, when the Partner publishes content (or places links) on their PI SOCCER, INC affiliate sites, the following activities are prohibited within the framework of the PI SOCCER, INC Affiliate Program:
  • Publishing, distributing, offering, and promoting bonus systems, paid4mail services, pop-up services, snowball services or schemes, pyramid schemes, or other similarly functioning schemes as well as engaging in unethical marketing or advertising.
  • The offering of games of chance such as public sports betting, general betting and lotteries etc. without demonstrable permission from the relevant ​authority.
  • ​The procurement or indirect procurement of loans and private loans in a commercial manner without demonstrable permission from a relevant authority.
 4.4
The Partner shall design their advertising environment so that it complies, at all times, with the relevant statutory provisions on consumer protection. Furthermore, the Partner shall ensure that the rights of third parties, including copyrights, are not violated within the Partner’s own advertising environment and that applicable law, in particular concerning data protection, will not be violated in the Partner’s own advertising environment.

4.5
The Partner shall embody the values of PI SOCCER, INC GmbH as a cosmopolitan, modern and tolerant company, and bring this PI SOCCER, INC business ethic closer to the public via the Partner’s public presence, within the framework of the PI SOCCER, INC Affiliate Program. Within their role as a Partner and in general, as a participant in the PI SOCCER, INC Affiliate Program, the Partner shall encourage a positive discourse with regard to the PI SOCCER, INC GmbH and its products.

4.6
PI SOCCER, INC is committed to providing a clear brand image to the End User (i.e. the User or Customer of the Partner, hereinafter referred to as the “End User” or “End Customer” or “Customer”). Therefore, unless the Partner has received explicit written permission from PI SOCCER, INC, they are not permitted to bundle and/or to combine the Partner’s own offers or third-party offers with the products of the PI SOCCER, INC GmbH in order to make a total offer for end Customers, nor are they permitted to promote them as a related offer to the end Customer.
5. Tracking, Tracking Obligations, Reporting
 5.1 
PI SOCCER, INC or sub processors of PI SOCCER, INC (such as the External Affiliate Platform), monitors and records the Transactions between the End User and PI SOCCER, INC via the Partner (“Tracking”). The External Affiliate Platform provides the Partner with an overview of their Transactions and calculates the commission to be awarded for those Transactions. The Tracking by PI SOCCER, INC as carried out by the External Affiliate Platform is binding and solely authoritative when it comes to determining whether or not a transaction has been concluded and the corresponding calculation of the commission.

5.2 
As far as technically possible, the Partner is obligated to design and present their online Affiliate presence, including all entries in search engines, directories or link lists of third parties, in such a way that only clicks, or valid Sales are generated by the Customer on the PI SOCCER, INC Web Presence and are completely logged by means of appropriate Tracking procedures. The Partner agrees to install the PI SOCCER, INC affiliate tracking cookie as instructed by PI SOCCER, INC and the External Affiliate Platform, so that Tracking works as intended by PI SOCCER, INC.

5.3 
Tracking of the acquired End Users is carried out via cookies. Unless individually agreed with PI SOCCER, INC, via the individual, affiliate-specific contract terms displayed on the external affiliate platform to the specific Affiliate, the tracking cookies set upon the creation of the user account (User-Account-to-Sale-Cookies) are valid for 30 days. A tracking cookie can be overwritten by a new cookie only under the following conditions (“Last Cookie Wins Principle”): Tracking cookies can be set only after a valid click made by an End User on a PI SOCCER, INC advertisement or when the linked landing page is visited via the hyperlink (if the browser settings of the Customer have allowed this). A click is valid if an End User voluntarily (i.e. of their own free will) and consciously clicks on a PI SOCCER, INC advertisement or a hyperlink specified by the Partner and thereby accesses the PI SOCCER, INC website and creates a PI SOCCER, INC account within 7 days (Click-to-User-Account-Creation). The PI SOCCER, INC advertising material must be clearly visible on the Partner's website.

5.4
The Partner is not authorized to edit or otherwise modify the tracking code / cookie or links provided by PI SOCCER, INC.

5.5
Any invisible or hidden integration of the PI SOCCER, INC landing pages by the Partner, in order to create a cookie for the Customer, is not permitted. In general, Partners are prohibited from using iFrames, pop-ups, pop-unders and layer advertising that uploads a PI SOCCER, INC ad or the PI SOCCER, INC website and sets a cookie for the Customer without the Customer’s involvement. In addition, logging into adware or spyware networks is not permitted within the framework of the PI SOCCER, INC Affiliate Program. Other unfair practices, such as cookie spreading, cookie dropping or similar activities, are strictly prohibited and will not be considered by PI SOCCER, INC in the awarding of commission. Only Sales that result from regular marketing activities on the Partner’s website will be remunerated. Post-view tracking is prohibited unless expressly approved by PI SOCCER, INC, in written form.

5.6
The use of “forced clicks” is prohibited. The advertising material and links provided by PI SOCCER, INC may only be integrated by the Partner, on the website URL, specified by the Partner when registering for the PI SOCCER, INC Affiliate Program. The destination URLs integrated into the advertising material may only be used on PI SOCCER, INC-defined landing pages.
6. Remuneration/Commission and Payments
6.1 
Unless individually agreed with PI SOCCER, INC, via the individual, affiliate-specific contract terms displayed on the external affiliate platform to the specific Affiliate, the right to compensation (commission payment) can only arise when Customers (or their legal representatives) create a PI SOCCER, INC account, via the advertising material provided by PI SOCCER, INC to the Partner within the framework of the PI SOCCER, INC Affiliate Program and voluntarily and consciously purchase one of the paid PI SOCCER, INC packages within 30 days (a “Sale”), and only those purchased PI SOCCER, INC packages (Sales) that, were ordered, paid for or for which the first invoice for the PI SOCCER, INC product is paid and which has not been effectively revoked or canceled, will be considered, provided that the Customer data provided in the order is not invalid or fraudulent. All Affiliate sales will be attributed within the External Affiliate Platform by the “last click before user account creation” attribution logic. Exclusively in cases where there is no Affiliate touchpoint( i.e. no click originating on an affiliate website) within 7 days before the user account creation, but a touchpoint with an Affiliate is made by a PI SOCCER, INC User, at the maximum 30 days before a valid Sale is made - the right to compensation for such Sales on a “Last Click before Sale” basis will also be honored by PI SOCCER, INC, provided these Terms are observed in full.

6.2 
Within the framework of these Terms only one-time commissions from valid Sales shall be granted. Recurring Commissions, for which a commission payment is granted as long as the customer extends their contract with PI SOCCER, INC, are not possible.

6.3 
A commission payment will not be granted if:
  • The Customer and the Partner are the same person;
  • The Partner influences the setting of the PI SOCCER, INC tracking cookies in such a way that it is triggered only by the installation or use of a program by the Customer;
  • ​The order has been placed multiple times or through different channels;
  • ​The Partner makes the order without demonstrable authorization from the Customer. When placing the order, the Customer must provide the Customer’s own billing information and not that of the Partner;
  • ​ The Sale is due to traffic that is inconsistent with these Terms; or
  • ​ The Partner violates these Terms or the Terms and Conditions of PI SOCCER, INC GmbH or the Terms of the external Affiliate Platform .
If any objective evidence suggests that any of the above reasons for exclusion exist, PI SOCCER, INC reserves the right not to award any commission to the Partner until the facts of the case in question have been fully clarified. 6.4 The amount of the individual remuneration and the type of business dealings that allow said remuneration to be granted is based on the applicable commission overview of the PI SOCCER, INC Affiliate Program, which the Partner can review at any time via their account on the External Affiliate Platform utilized by PI SOCCER, INC. In individual cases, different commissions may be agreed upon between PI SOCCER, INC and individual Affiliates. This shall be arranged by means of an additional written/electronic agreement to these Terms. In addition to the remuneration mentioned above, there is no entitlement to reimbursement of any expenses and/or other costs, etc. The prices quoted in the commission overview are net prices, which do not include the applicable VAT.
6. Vouchers and Discount/Coupon Code Policy
6.5
Unless individually agreed with PI SOCCER, INC, via the individual, affiliate-specific contract terms displayed on the external affiliate platform to the specific Affiliate, the right to compensation (commission payment) can only arise when Customers (or their legal representatives) create a PI SOCCER, INC account, via the advertising material provided by PI SOCCER, INC to the Partner within the framework of the PI SOCCER, INC Affiliate Program and voluntarily and consciously purchase one of the paid PI SOCCER, INC packages within 30 days (a “Sale”), and only those purchased PI SOCCER, INC packages (Sales) that, were ordered, paid for or for which the first invoice for the PI SOCCER, INC product is paid and which has not been effectively revoked or canceled, will be considered, provided that the Customer data provided in the order is not invalid or fraudulent. All Affiliate sales will be attributed within the External Affiliate Platform by the “last click before user account creation” attribution logic. Exclusively in cases where there is no Affiliate touchpoint( i.e. no click originating on an affiliate website) within 7 days before the user account creation, but a touchpoint with an Affiliate is made by a PI SOCCER, INC User, at the maximum 30 days before a valid Sale is made - the right to compensation for such Sales on a “Last Click before Sale” basis will also be honored by PI SOCCER, INC, provided these Terms are observed in full.
6.5 Vouchers and Discount/Coupon Code Policy
6.5.1
The Partner acknowledges and agrees that PI SOCCER, INC has an obligation to pay commissions solely on Sales involving coupon codes that are supplied directly to the Partner from PI SOCCER, INC. PI SOCCER, INC does not pay commissions on Sales made by the Customer using the following coupon codes:
  • A coupon code not supplied directly through the Partner by PI SOCCER, INC,
  •  An internal PI SOCCER, INC coupon code or a private discount code,
  • ​A coupon code supplied in PI SOCCER, INC Customer emails,
  • ​And any coupon that states on the coupon itself or on the related landing page that it is “not compatible with the affiliate program”.
  • ​ The Sale is due to traffic that is inconsistent with these Terms; or
  • ​ The Partner violates these Terms or the Terms and Conditions of PI SOCCER, INC GmbH or the Terms of the external Affiliate Platform .
6.5.2
PI SOCCER, INC may suspend commission payouts to a Partner at any time and for any period, if PI SOCCER, INC has reasonable grounds to suspect fraudulent or other improper activity or a potential violation of these Terms by the Partner or any Customer they refer. Any and all other commissions, including those earned on Sales in violation of this Coupon Code Policy(Point 6.5.1), will be deemed invalid and will correspondingly be reversed. In that case the Partner owes any overpaid commission to PI SOCCER, INC and is also liable in this respect, for interest on arrears and any administrative fines directly incurred.
7. Crediting, Verification and Payment of Commissions
7.1
One month and 15 days after the end of the month in which a fee-based PI SOCCER, INC package has been purchased, paid or the first invoice is paid for and is not effectively revoked (or the revocation period has expired) nor has the Sale been cancelled and as long as the Customer data provided in the order is not invalid, this “Sale” will be attributed to the Affiliate and set to a confirmed status in the Affiliates account on the External Affiliate Platform. 17 days after the day on which the Sale has been set to a confirmed status in the Affiliates account on the External Affiliate Platform, an invoice will be issued for the Sale by the External Affiliate Platform. Where the provisions of these Terms are adhered to, payment for approved transactions, is automatically issued to the Partner 16 days after the end of the day on which they are invoiced, via the External Affiliate Platform and in accordance with t he Terms of the External Affiliate Platform , or directly from PI SOCCER, INC where the External Affiliate Platform is not available provided:
  • The correct, error-free and complete banking and tax information of the Partner is specified in the External Affiliate Platform or exclusively upon request, provided to PI SOCCER, INC in written form at least 7 days prior to the beginning of the new month;
  • All necessary additional information that PI SOCCER, INC or the External Affiliate Platform may reasonably require in relation to the location or the registered office of the Partner has been provided by the Parter; and
  • ​The payout is currently, i.e. at the time of issuance not subject to any internal audit or “network quality” review or other legal review within the applicable jurisdiction.
  • ​Payouts are subject to default payout amounts as set by the External Affiliate Platform and as displayed within said platform.
7.2
Unless individually agreed upon with PI SOCCER, INC in writing or in electronic form, modification of commissions, as determined by PI SOCCER, INC at its own discretion, is subject to the notice period of two weeks. A retroactive change of the compensation amounts applied to already procured contracts is excluded.

7.3
The Partner is obligated to examine the commissions in their Partner’s account on the External Affiliate Platform at regular intervals and report obvious or recognizable defects pursuant to commercial standards, without delay, but at the latest within 14 days from the appearance of the Commissions in their Partner’s account on the External Affiliate Platform, to PI SOCCER, INC and the External Affiliate Platform in writing. All commissions/fees expire within the applicable period of statutory limitations.

7.4
The PI SOCCER, INC Partner acknowledges that a review of the commissions is not possible, or is possible only to a very limited extent, because the External Affiliate Platform and PI SOCCER, INC may provide the personal or personally identifiable data of the procured Customers only where it has specific legal permission to do so. The PI SOCCER, INC Partner shall therefore refrain from examining the amount of the commission, as PI SOCCER, INC provides the Partner with all necessary information pertaining to the procured Customers in anonymized form, on the External Affiliate Platform.

7.5
PI SOCCER, INC reserves the right to terminate the contract with the Partner to the end of a calendar week, providing one day's notice, and is entitled to subsequently deactivate the Partner's account, should the Partner not reach minimum sales target which, where applicable, will be communicated with a notice period of 2 weeks to the Partner with the sales target applying to the subsequent month following the notification period.

7.6
If no commissions have been credited to the Partner for a period of 90 days, PI SOCCER, INC reserves the right to terminate and delete the Partner’s Affiliate account. A renewed application in this case is possible, but only after six (6) months, starting from the date of confirmed termination.
8. Invoice and Value-Added Tax
8.1
At the end of each month the External Affiliate Platform will provide the Partner with a credit note for the granted commission in the Affiliate’s online account. The Partner agrees to the issuing of the credit. PI SOCCER, INC reserves the right at its sole discretion in exceptional cases(i.e. Where the External Affiliate Platform is not available for whatever reason), to alternatively provide the Partner with a schedule of payments as a PDF file for download or via email.

8.2
Unless otherwise determined by the External Affiliate Platform, insofar as the Partner is entitled to a pretax deduction in accordance with the German Value-Added Tax Act (UStG), the Partner will receive the statutory value-added tax due on the commission, in addition to the agreed commission. This applies only from the date on which the Partner has clearly demonstrated their entrepreneurial status, as well as their entitlement to a pretax deduction vis-à-vis PI SOCCER, INC and the External Affiliate Platform; The provision, by the Partner, of the current and valid VAT ID No. assigned to the Partner shall be considered to be sufficient demonstration in this respect.

8.3
If the Partner loses their entitlement to such a pretax deduction, the Partner shall immediately and without undue delay, inform PI SOCCER, INC thereof and the Partner shall upon request provide PI SOCCER, INC or the external Platform with appropriate proof thereof. If the Partner is not liable for VAT, the Partner’s commission will also be reduced retroactively by the amount that the External Affiliate Platform could have claimed as input tax should the Partner have been liable to VAT. The Partner owes this overpaid commission to the External Affiliate Platform and is also liable in this respect for interest on arrears and any administrative fines directly incurred.
9. Advertising Materials and Usage Rights
9.1 Advertising materials
9.1.1
The use of names, registered trademarks, brands, company names or logos belonging to the PI SOCCER, INC is permitted, only where the Partner has clear written consent from PI SOCCER, INC.

9.1.2
PI SOCCER, INC shall provide the Partners with advertising materials that allow the Partners to promote PI SOCCER, INC. The use of the advertising materials provided by PI SOCCER, INC is permitted only for the acquisition of Customers as well as for any use and publication of the PI SOCCER, INC brand and products in lectures and media of all kinds that is provided externally, i.e. not directly by PI SOCCER, INC or on a PI SOCCER, INC owned platform. The use of further advertising materials requires the written consent of PI SOCCER, INC (e.g. via email). The passing on of any advertising materials provided exclusively by PI SOCCER, INC to the Partners is prohibited. The Partner is also not entitled to edit or modify the materials, texts or links provided by PI SOCCER, INC, or otherwise to change or to use such advertising materials in direct conjunction with advertising materials created by the Partner.

9.1.3
The Partner is obliged to adjust the placement of the PI SOCCER, INC advertising materials if, according to PI SOCCER, INC and at PI SOCCER, INC’s sole discretion, such placement is likely to affect the reputation or regard of the PI SOCCER, INC service and/or the PI SOCCER, INC trademark. In such cases PI SOCCER, INC shall contact the Partner and provide them with a reasonable amount of time (no less than 48 hours) to comply with these instructions.

9.1.3
The Partner is obliged to adjust the placement of the PI SOCCER, INC advertising materials if, according to PI SOCCER, INC and at PI SOCCER, INC’s sole discretion, such placement is likely to affect the reputation or regard of the PI SOCCER, INC service and/or the PI SOCCER, INC trademark. In such cases PI SOCCER, INC shall contact the Partner and provide them with a reasonable amount of time (no less than 48 hours) to comply with these instructions.
9.2 Advertising
9.2.1
The Partner, in promoting their website via search engine results or through sponsored links, paid ad placements, keyword advertising, keyword targeting (such as Google Ads, etc.) with providers (such as Google, Yahoo, Facebook, etc.), should take note of the following: The words “PI SOCCER, INC” and “Pi Soccer Online Academy” or misspelling thereof or PI SOCCER, INC domains with e.g. “PI SOCCER, INC site” in the domain name, may only be used with the express written permission of PI SOCCER, INC and on the condition that it is the Partner’s website that will be advertised, and not PI SOCCER, INC's website(s). Direct redirects to the PI SOCCER, INC website are prohibited. If approved by PI SOCCER, INC, the words “PI SOCCER, INC” and “PI SOCCER, INC.de” or “PI SOCCER, INC.com” etc. may be used only in the ad text, not in the ad's headline. The Partner can only use the visible URL in the ad, that they provided during the sign-up to the PI SOCCER, INC Affiliate Program. If the Partner has no explicit permission to use the words “PI SOCCER, INC” and “PI SOCCER, INC.de” / “PI SOCCER, INC.com” and all other variants thereof, they are obliged to refrain from submitting search engine advertising or sponsored links, e.g. via posting them negatively with the provider.

9.2.2
It is also prohibited, in the Partner's advertisements, to use the trademark “PI SOCCER, INC”, the word “PI SOCCER, INC” (as well as misspelled variations thereof) or any trademarks from competitors of PI SOCCER, INC.
9.3 Email advertising
9.3.1
All images or texts provided by PI SOCCER, INC may be used by the Partner only with the express permission of PI SOCCER, INC. The Partner is permitted to send emails with advertisements concerning PI SOCCER, INC, as long as the Partner complies with all applicable legal requirements (especially those of the German Act Against Unfair Competition (UWG)). 9.3.2 The Partner is however, not entitled to design the Partner’s email advertising or messages in such a way that causes or that could potentially cause confusion as to the identity of the Partner with that of PI SOCCER, INC GmbH.
9.4 Social Media
9.4.1
The Partner is not authorized to make or accept offers on behalf of PI SOCCER, INC, in particular on social
networks such as Facebook or Twitter or to represent PI SOCCER, INC in any way. Furthermore, the Partner is specifically prohibited from publishing any kind of advertisement on social networks/platforms, that links directly to the PI SOCCER, INC website – this applies to both pure text forms, as well as the PI SOCCER, INC logo(s).

9.4.2
Social media posts as well as editorial contributions, for example blog posts, that contain PI SOCCER, INC links must be appropriately labeled as “paid advertising” or similar. Such labeling must be clear and unambiguous in English (e.g., “Advertisement”, “Advertising”) and be clearly separated from further references, e.g. at the beginning of a contribution.
9.5 Usage Rights
9.5.1
The PI SOCCER, INC Affiliate Program and its applications are protected under copyright, as well as other laws. PI SOCCER, INC grants the Partner the revocable, non-exclusive, non-transferable right of use to the applications made available under the PI SOCCER, INC Affiliate Program and to the data contained therein, subject to all applicable laws, and only as part of their participation in the PI SOCCER, INC Affiliate Program. Upon termination of the contract, regardless of the reason, the aforementioned usage rights expire.
10. Legal Status of the Partner
10.1
Referred/Procured PI SOCCER, INC packages and associated contracts are concluded exclusively between the Customer and PI SOCCER, INC. In this respect and for this purpose, the Partner is not considered a contractual partner of the Customer. PI SOCCER, INC reserves the right to refuse any Customers recruited by the Partner.

10.2
No employment, commercial, representant, or employment relationship is created or established between the Partner and PI SOCCER, INC as a result of or within the framework of the PI SOCCER, INC Affiliate Program. The Partner does not have the authority to serve as or to represent themselves as PI SOCCER, INC's employee, representative or agent, nor do they have the authority to act on behalf of PI SOCCER, INC, or to make, publish, communicate or submit any statements on behalf of PI SOCCER, INC.

10.3
Any claims of third parties that result from a breach of this provision (Point 10 of these Terms) are thus not the responsibility of PI SOCCER, INC. Partners are independent business partners of PI SOCCER, INC and thus act independently. This also applies to externally incurred costs and fees of any kind that Affiliates incur in connection with the Affiliates’ role within the PI SOCCER, INC Affiliate Program.
11. Duration and Termination of Participation in the PI SOCCER, INC Affiliate Program
11.1
The contract for participation in the PI SOCCER, INC Affiliate Program is concluded for an indefinite period. These Terms become effective upon acceptance by the Partner.

11.2
The parties are entitled to terminate all contracts properly and in writing with a notice period of three (3) days. Termination does not affect valid commission claims that have already been earned in accordance with these Terms.

11.3
Both party's mutual right to extraordinary termination for serious and/or legitimate reasons remain unaffected. Legitimate reasons exist in particular if material contractual obligations, in particular the obligations of the Partner pursuant to Section 4 of these Terms, are violated.

11.4
Termination according to these regulations must be submitted in written form and sent to info@pisoccer.com.

11.5
In the event of any breach of these Terms, PI SOCCER, INC reserves the right to refuse compensation, or where applicable, to demand that it be paid back, and/or to terminate the partnership extraordinarily.

11.6
In addition to termination, PI SOCCER, INC may, at PI SOCCER, INC’s reasonable discretion, expressly exclude the Affiliate from future contracts under the PI SOCCER, INC Affiliate Program or similar programs. PI SOCCER, INC shall exclude the Partner from such programs if the Partner violates these Terms or otherwise commits a breach of duty that would render future cooperation unreasonable for PI SOCCER, INC.

11.7
Any business dealings conveyed through the Partner up to the date of termination shall, upon receipt of the termination, be executed in accordance with the provisions of Section 6, 7 and 8 of these Terms, provided they have been procured in accordance with these Terms. The remaining credit balance will be paid to the Partner upon termination of the contract subject to the processing fees and conditions of the External Affiliate Platform.

11.8
Upon termination of participation in the PI SOCCER, INC Affiliate Program, the records stored during registration will be completely deleted after expiration of the applicable legal retention periods.

11.5
Upon termination of the present Terms, all usage rights granted to the Partner under these Terms, in particular as concerns the advertising material provided by PI SOCCER, INC, as well as including advertisements, communications and other representations made by or via PI SOCCER, INC, are void. The Partner shall take all technical precautions to ensure that the termination of these Terms no longer results in any link between the Partner’s website and the PI SOCCER, INC website(s).

12. Data Protection and Confidentiality
12.1 Data Protection and PI SOCCER, INC
12.1.1
PI SOCCER, INC and the Partner will comply with their respective obligations arising from the relevant privacy and data protection laws, as well as similar legislations, applicable to the data processing resulting from these Terms and in accordance with the additional Agreement on the processing of data annexed to this Terms. In the event of deviations pertaining to the processing of data, the additional Agreement on the processing of data shall prevail over these Terms.

12.1.2
The protection of personal data is of great importance to PI SOCCER, INC. At the same time, the collection, processing and use of such data is an indispensable prerequisite for the operation of the PI SOCCER, INC Affiliate Program. PI SOCCER, INC, the External Affiliate Platform and the Partner are obligated to collect, process and use personal information solely in compliance with applicable data protection laws. 12.1.3 PI SOCCER, INC is therefore entitled to collect and use personal information as necessary in order to facilitate participation in the PI SOCCER, INC Affiliate Program. In particular, PI SOCCER, INC collects, processes and uses the data collected during registration via the External Affiliate Platform, as well as any data required to facilitate the Partner’s participation in the PI SOCCER, INC Affiliate Program.

12.1.4
PI SOCCER, INC via the External Affiliate Platform also uses the contact information provided by the Partner in order to contact the Partner (both directly and via the External Affiliate Platform), in connection with participating in the PI SOCCER, INC Affiliate Program, via email. The Partner agrees to receive electronic communications from PI SOCCER, INC and the External Affiliate Platform for contractual purposes (such as invoices, key contractual or PI SOCCER, INC Affiliate Program information, or material technical changes). It is therefore very important that the Partner's data as stored in the External Affiliate Platform is constantly kept up to date. Both PI SOCCER, INC and the External Affiliate Platform disclaim any liability or responsibility if the Partner does not receive notifications by email because the email address, they have provided is not correct and/or not up to date.

12.1.5
Personal data shall be processed and used for purposes other than those mentioned in the previous paragraph only on the basis of the express consent of the Partner or a legal provision that permits PI SOCCER, INC to do so.

12.1.6
The Partner may request information concerning the data stored on them by PI SOCCER, INC, via the usual contact options or via the following email address info@pisoccer.com 

12.1.7
In addition, the Partner also has a right to information, rectification, data portability and erasure of their data. Furthermore, the Partner also has the right to object to the processing of certain data. In order to exercise these and other data subject rights, a data subject can submit their request at any time, via the contact address provided below.

12.1.8
PI SOCCER, INC may employ the use of third-party services in order to provide or to expand the PI SOCCER, INC Affiliate Program’s service packages, which may be integrated into the PI SOCCER, INC Affiliate Program. The type and extent of the use also depends on the respective terms and conditions of the third party, to which PI SOCCER, INC shall separately refer to at the appropriate stage of integration. Use of these third-party services is at your own risk; PI SOCCER, INC cannot be held responsible for any damage caused by the use of third-party services.

12.1.8
A service such as PI SOCCER, INC is subject to constant change with regard to the processing of data and the use of third-party providers or services. PI SOCCER, INC is constantly looking for solutions to improve the services available to Partners participating in the PI SOCCER, INC Affiliate Program. Current information on the purpose, nature and scope of the collection, processing and use of personal data by PI SOCCER, INC and its third-party providers or services, can also be found in the tabular list, which can be accessed at any time at the end of these Terms. PI SOCCER, INC lists all relevant and currently in operation subcontracting relationships in the PI SOCCER, INC Privacy Policy.
12.2 Data protection and partners
12.2.1
The Partner will treat the data disclosed to them during their participation in the PI SOCCER, INC Affiliate Program as confidential and shall use it exclusively in the context of the PI SOCCER, INC Affiliate Program. The obligation to confidentiality concerning the data continues even after the end of their participation in the PI SOCCER, INC Affiliate Program.

12.2.2
The Partner assures that within their area of responsibility, they shall implement and comply with the technical and organizational measures pursuant to the German Federal Data Protection Act (BDSG) and the European General Data Protection Regulation (GDPR), provided that the desired protection objective is proportionate to the required effort.

12.2.3
The Partner will, upon initial request, indemnify PI SOCCER, INC against all claims, made by third parties against PI SOCCER, INC that are based on the violation of data protection laws by the Partner in connection with these Terms Further claims from PI SOCCER, INC remain unaffected.

12.2.4
The Partner will comply with the relevant data protection provisions for the protection of personal data, in particular and where applicable the provisions of the German Federal Data Protection Act (BDSG), the European General Data Protection Regulation (EU-DSGVO), the German Telemedia Act (TMG) and the German Telecommunications Act (TKG) etc..

12.2.5
Further information about data processing and data protection/privacy within the framework of the PI SOCCER, INC Affiliate Program can be found in the PI SOCCER, INC Affiliate Program Data Processing Agreement, which forms a substantial component of these Terms. In accepting these Terms, the Partner also accepts the terms of the Data Processing Agreement. This Data Processing Agreement can be found here.
12.3 Confidentiality
12.3.1
The Partner shall treat all confidential information obtained directly or indirectly by participating in the PI SOCCER, INC Affiliate Program as strictly confidential and shall not exploit or use it without the written consent of PI SOCCER, INC. This applies in particular to pricing and marketing information, as well as to the agreements made under this partnership.

12.3.2
The Partner is not entitled to use this information in whole or in part for purposes other than those just mentioned or to make this information available to third parties. The aforementioned obligation does not apply to information that the Partner has demonstrably received from third parties without being required to maintain confidentiality regarding said information, or to information that is publicly known. If information subsequently becomes public knowledge, from that date onward it is no longer subject to the obligations of these Terms.
13. Scope of Services and Changes
13.1
PI SOCCER, INC, at its sole discretion, has the right, but not the obligation, to further develop and adapt the PI SOCCER, INC Affiliate Program and External Affiliate Platform to ensure it corresponds with PI SOCCER, INCs intentions, as well as with further technical developments and advancements. PI SOCCER, INC also reserves the right to change or even discontinue the functionality of the PI SOCCER, INC Affiliate Program at any time. In doing so, PI SOCCER, INC shall take into account the legitimate interests of the Partner.

13.2
PI SOCCER, INC is also entitled to transfer the independent execution of its own services or parts thereof to third-party service providers or vicarious agents for independent provision.

13.3
PI SOCCER, INC reserves the right to change the number and type of products that may be the subject of procurement or the “Sale” activities at any time. 13.4 PI SOCCER, INC shall notify the Partner of any upcoming changes in a timely manner, as described under Section 15.7.
14. Limitation of Liability
14.1
In cases of gross negligence or intentional misconduct, PI SOCCER, INC shall be liable for all damages caused by PI SOCCER, INC.

14.2
In case of minor negligence, PI SOCCER, INC is only liable for damage resulting from death, physical injury or harm to human health.

14.3
Incidentally PI SOCCER, INC is only liable insofar as PI SOCCER, INC has violated an essential contractual obligation. Essential contractual obligations refer abstractly to such obligations, whose fulfillment enables the proper performance of the contract and the fulfillment of such is regularly relied upon by the user. In these cases, liability is limited to the replacement of foreseeable, typically occurring damage and at a maximum is restricted to no more than € 500 per claim.

14.4
Insofar as liability is excluded or limited according to the aforementioned regulations, this also applies to PI SOCCER, INC’s vicarious agents. Liability under the Product Liability Act remains unaffected.

14.5
The Partner shall indemnify PI SOCCER, INC from all damages claims, liability claims, warnings, third-party injunctions and other claims, as well as any related costs and expenses incurred as a result of causal conduct (including negligence) of the Partner. This applies in particular to a violation of copyright, trademark, competition and data protection rights or rights of third parties.

14.6
The Partner is liable for any violation of these Terms. In the event of a breach of duty, PI SOCCER, INC is entitled to withhold any payment owed to the Partner that has not yet been paid out and to recover any compensation already paid during the period of the infringement. Retained or reclaimed compensation shall be deducted from any later claim for damages.

14.7
Neither PI SOCCER, INC nor the External Affiliate Platform accepts liability for compensation for systemic loss that results due to reasons beyond its control.
15. Final Provisions
15.1
As far as legally permissible, the law of the Federal Republic of Germany is applicable to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods. 

15.2
The jurisdiction for all conflicts deriving from the PI SOCCER, INC Affiliate Program, as well as from all related individual contracts, is that of PI SOCCER, INC’s registered office (Hamburg, Germany). Should individual provisions of these Terms be or become invalid, the validity of the remaining provisions shall remain hereby unaffected.

15.3
Should individual provisions of these Terms be or become invalid, the validity of the remaining provisions shall remain hereby unaffected.

15.4
These Terms determine and form the basis for all deliveries, services, offers and contracts between PI SOCCER, INC and the Partner, without exception. Conflicting terms and conditions of the Partner are therefore invalid, unless their validity is expressly and in written form agreed to between PI SOCCER, INC and the Partner.

15.5
These Terms supersede all prior agreements between the parties.

15.6
Any changes and/or additions to these Terms are to be submitted in written form. This also applies to any change of this written form clause itself.

15.7
PI SOCCER, INC reserves the right to change any or all provisions of these Terms at any time and at our sole discretion, by posting an amendment notice, amended Agreement or amended Terms on the PI SOCCER, INC Affiliate Application Platform, or the External Affiliate Platform or by notifying the Partner of the corresponding change by sending an in-platform notification or an email to the Partner's main email address, provided and saved in the Partner's account at the time of sending said email. Any such changes, except any increases in the standard commission rates of the PI SOCCER, INC Affiliate Program, will take effect on the named date, but not earlier than five (5) calendar days after the date on which the notice is made. If the Partner resumes their participation in the PI SOCCER, INC Affiliate Program after the effective date of the change, the changes shall be deemed to have been accepted by the Partner. If the Partner does not agree with the proposed change(s), they have the opportunity to object to these changes (e.g. Via contacting PI SOCCER, INC per email info@pisoccer.com). In such cases PI SOCCER, INC reserves the right to terminate the contractual relationship with the objecting Partner.

Pi Soccer, Inc
746 HEMSPTEAD, NEW YORK, USA
+1-516-532-1188
info@pisoccer.com
Copyright © 2019-2022 Pi Soccer Academy. All Rights Reserved
Copyright © 2019-2022 Pi Soccer Academy. All Rights Reserved