General Terms and Conditions for Participants in the Affiliate Program for Semanticality™ Plugin

Here you will find the conditions that apply to participation in the Semanticality™ Affiliate Program of Barrierenlos℠.

Scope and Definitions

1.1 These General Terms and Conditions for the Affiliate Program (hereinafter: "Affiliate Program GTC") govern the contractual relationship between Barrierenlos℠, Owner Dmitry Dugarev (hereinafter: "we" or "us") and the participants (hereinafter: "Partner" or "You") of our affiliate partner program for the product "Semanticality™".

1.2 These Affiliate Program GTC apply exclusively to participation in the affiliate program. For the purchase of our products and services by customers, our General Terms and Conditions (GTC) apply.

1.3 A "Partner" is a natural or legal person who advertises our products on their own advertising spaces (e.g., websites, blogs, social media channels) and receives a commission for doing so.

Registration and Conclusion of the Partner Agreement

2.1 Participation in the affiliate program requires successful registration through the partner platform we use, Freemius, Inc. You must provide complete and truthful information during registration.

2.2 By submitting your registration, you make an offer to conclude a Partner Agreement based on these Affiliate Program GTC. The contract is concluded as soon as we expressly confirm your participation by email and activate your account.

2.3 There is no entitlement to acceptance into the affiliate program. We reserve the right to reject registrations without stating reasons.

Obligations of the Partner

3.1 Statutory Marking Requirement: The Partner is obligated to clearly, unambiguously, and immediately visibly mark all advertising links (affiliate links) on their advertising spaces as "Advertising," "Advertisement," or with a similarly clear notice for the average user. Hidden marking (e.g., only in the imprint or privacy policy) is insufficient. This obligation serves to comply with German competition law (UWG) and the Digital Services Act (DDG).

3.2 The Partner is solely responsible for the content of their advertising spaces. The Partner assures that their content does not violate applicable law, morality, or the rights of third parties. In particular, advertising in environments with illegal, violence-glorifying, discriminatory, pornographic, or extremist content is prohibited.

3.3 The Partner is obligated to keep their registration and payment data constantly up to date.

3.4 Compliance with Data Protection Law (GDPR): The Partner undertakes to comply with all applicable data protection laws on their advertising spaces, particularly the General Data Protection Regulation (GDPR) and the Telecommunications-Digital Services Data Protection Act (TDDDG). The Partner is responsible for obtaining legally compliant, active, and informed consent from their users before they click on an affiliate link, thereby allowing the tracking cookie necessary for commission assignment to be set by our service provider Freemius.

Prohibited Advertising Measures

4.1 Brand Bidding: The Partner is prohibited from placing paid search engine advertising (e.g., Google Ads, Microsoft Advertising) on our brand names "Semanticality," "Barrierenlos," as well as misspellings or variations thereof.

4.2 Spam: Sending unsolicited emails (spam) or other intrusive advertising methods is prohibited.

4.3 Misleading Advertising: False statements about our product, discounts, or our conditions are inadmissible. The Partner may not pose as an official representative or part of our company.

4.4 Self-Deals: Purchasing licenses via one's own partner link for the sole purpose of receiving a commission is not permitted.

4.5 The use of toolbars, pop-ups, forced clicks, cookie dropping, or the use of our brand name in domain names is prohibited.

Commission and Payout

5.1 The Partner receives a commission of 20% of the net selling price for every successful sale of a Semanticality™ license (Solo, Studio, Agency) that is verifiably generated via their partner link.

5.2 The commission entitlement is recurring. It arises both with the customer's initial payment and with all subsequent annual renewals of the subscription.

5.3 Tracking is done via cookies. The cookie duration is 30 days. The last clicked partner link before the purchase is decisive for the assignment (last-click model).

5.4 Commissions are paid out monthly via the partner platform Freemius, Inc. according to their terms, provided a minimum balance has been reached. The Partner is responsible for correctly stating their payout details.

5.5 The commission entitlement retroactively lapses if the referred customer cancels the purchase, withdraws, or makes use of a money-back guarantee.

5.6 The Partner is solely responsible for the proper taxation of their commission income.

5.7 Technical Basis and Tracking Requirements: The assignment of sales (tracking) is based on cookies set in the end customer's browser. A prerequisite for a commission entitlement is that the tracking was technically successful and legally permissible. A commission entitlement expressly does not arise if the assignment fails because the end customer blocks or deletes cookies, or if the Partner has failed to comply with their obligation to obtain legally compliant consent according to § 3.4 of these GTC. We are not responsible for the technical or legal functionality of the tracking on the Partner's advertising spaces.

Term and Termination

6.1 The Partner Agreement is concluded for an indefinite period.

6.2 Ordinary Termination: Both parties can terminate the Partner Agreement at any time without stating reasons. Termination must be in text form (e.g., by email or via the corresponding function in the partner platform) and becomes effective immediately upon receipt.

6.3 Extraordinary (Immediate) Termination: The right to extraordinary, immediate termination for good cause remains unaffected. Good cause exists for us, in particular, if the Partner seriously or repeatedly breaches their obligations under these Affiliate Program GTC, especially those in § 3 (Obligations of the Partner) and § 4 (Prohibited Advertising Measures).

6.4 In the event of extraordinary termination by us due to a breach of contract by the Partner, any claim to commissions not yet paid out shall expire.

6.5 After effective termination of the contract, the Partner account will be deactivated. A claim to commissions already incurred and due, which are not related to a breach of contract, remains for the billing period.

Liability

7.1 We are only liable for intent and gross negligence. In cases of slight negligence, we are only liable for the breach of essential contractual obligations. Liability in these cases is limited to the foreseeable, typical contractual damage.

7.2 We provide the advertising materials and the affiliate program system to the best of our knowledge, but we do not guarantee uninterrupted availability.

7.3 The Partner indemnifies us against all third-party claims asserted against us due to the Partner's breach of their contractual obligations (in particular the marking requirement and content responsibility). The indemnification also includes the costs of reasonable legal defense.

Final Provisions

8.1 Applicable Law and Jurisdiction: The law of the Federal Republic of Germany applies. If the Partner is a merchant, a legal entity under public law, or a special fund under public law, our place of business is the exclusive place of jurisdiction for all disputes.

8.2 Requirement of Written Form: Amendments to these Affiliate Program GTC require written form. We reserve the right to change these conditions. You will be informed of changes by email. If you do not object within 14 days, the new conditions are deemed accepted.

8.3 Severability Clause: Should a provision of these GTC be invalid, the validity of the remaining provisions remains unaffected.

Date: September 13, 2025