Affiliate Terms & Conditions — Lumawelt

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1. Eligibility

Participation in the Lumawelt Affiliate Program is open to self-employed individuals (Freiberufler or Gewerbetreibender) and legally registered legal entities (GmbH, UG, AG, etc.), with a minimum age of 18 years, who maintain an active and authentic presence on at least one digital platform.

By enrolling in the program, the affiliate expressly declares that they are acting for professional or commercial purposes (pursuant to § 14 BGB — Unternehmer) and not as a consumer (pursuant to § 13 BGB — Verbraucher). Consequently, consumer protection provisions shall not apply to this agreement.

The affiliate is solely responsible for fulfilling all tax and commercial registration obligations imposed by applicable German law, including the obligation to register as a Freiberufler or Gewerbetreibender (pursuant to § 1 GewO — Gewerbeordnung) and the corresponding tax reporting obligations (pursuant to § 19 UStG — Kleinunternehmerregelung). Bliyt does not provide tax or legal advice and assumes no liability for the affiliate's tax situation (pursuant to § 276 BGB — limitation of liability for negligence). By accepting this agreement, the affiliate confirms that they have been informed of these obligations and undertakes to comply with them in full at their own responsibility.

Lumawelt reserves the right to reject any application that does not meet the platform's criteria, without any obligation to provide reasons for such decision (pursuant to § 145 BGB — offer and acceptance). Lumawelt's decision is final and cannot be contested.

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Effective Date

This agreement enters into force on the date of signing the contract between Lumawelt and the affiliate, following written confirmation of the collaboration agreement by both parties (pursuant to § 130 BGB — the moment a declaration of intent takes effect).

Lumawelt will evaluate the affiliate's application and provide a response within 48 working hours. Approval is confirmed via written notification, after which the contract signing process follows.

Written confirmation may be transmitted by email or through the Lumawelt platform and shall have full legal validity (pursuant to § 126b BGB — text form). Verbal communications do not constitute acceptance of an agreement and produce no legal effects.

The affiliate shall not engage in any promotional activity on behalf of Lumawelt or its sellers prior to the signing of the contract and confirmation of payment (pursuant to § 631 BGB — contract for services). Any activity carried out prior to this moment shall not engage Lumawelt's liability and shall not entitle the affiliate to any remuneration.

The collaboration offer transmitted by Lumawelt is valid for 14 calendar days from the date of transmission. If the affiliate does not confirm acceptance within this period, the offer shall be deemed automatically withdrawn (pursuant to § 146 BGB — lapse of offer).

Until the contract enters into force, neither party shall have any contractual obligations towards the other.

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3.  Collaboration Mechanism & Payments

Lumawelt affiliates are independent partners who appear on the Lumawelt platform with individual profiles and their own pricing, determined based on each affiliate's notoriety, audience, and content type. Affiliates are available to any seller on the platform, regardless of their subscription plan.

Payment flow:

  1. The seller selects the desired affiliate and pays Lumawelt for their services
  2. Lumawelt verifies the payment and transfers the amount to the affiliate as soon as possible, but no later than 5 working days from payment confirmation (pursuant to § 271 BGB — due date of payment obligations)
  3. The affiliate confirms receipt of payment and begins activity according to the agreed package

The activity package of each affiliate is defined individually (number of posts, stories, videos, campaign duration, etc.) and is clearly communicated to the seller before payment is made. Once payment is confirmed, the package becomes binding for the affiliate (pursuant to § 631 BGB — contract for services).

The seller's objectives and wishes must be communicated in writing to Lumawelt before the collaboration begins. Lumawelt forwards them to the affiliate and ensures they are understood and assumed. Changes requested after the campaign has started are not guaranteed and depend on the affiliate's availability.

Content approval is the exclusive responsibility of Lumawelt, which decides whether the materials created by the affiliate are appropriate, compliant with the brand guidelines, and aligned with the seller's objectives, prior to publication. The affiliate is obligated to submit content for Lumawelt's approval at least 3 working days before publication.

Exposure guarantee — not sales: Lumawelt and the affiliate do not guarantee sales as a result of the collaboration. The collaboration provides exposure of the seller's products to the affiliate's audience. The seller expressly accepts this by signing the contract (pursuant to § 631 BGB — obligation of means, not of result).

Views target: Each affiliate commits to reaching a minimum number of views per piece of content, established based on their historical audience performance and communicated to the seller before payment. If a published piece of content does not reach at least 30% of the agreed views target, the affiliate is obligated to create and publish a free bonus piece of content for the seller within 7 working days of identifying the underperformance (pursuant to § 635 BGB — remedy of non-conforming performance).

The affiliate commits to beginning activity within 5 working days of payment confirmation and to delivering all content from the agreed package within a period of maximum 30 calendar days, distributed consistently throughout the campaign duration.

Complaints procedure: If the seller is dissatisfied with the collaboration, they must contact Lumawelt in writing within 5 working days of the campaign's completion. Lumawelt will analyse the situation and endeavour to find the best solution for both parties (pursuant to § 126b BGB). Complaints submitted after this deadline cannot be considered.

Traffic without real orders — including artificially generated visits, fake clicks, or any form of tracking data manipulation — is not eligible, constitutes fraud, and exposes the affiliate to criminal liability (pursuant to § 263 StGB).Lumawelt reserves the right to withhold payments and terminate the contract immediately in such cases.

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4. Commissions & Payments

The price of each affiliate is set individually and displayed transparently on their profile on the Lumawelt platform. Prices may vary depending on the type of content, the affiliate's audience, and the complexity of the agreed package. All payments are made in EUR (Euro).Lumawelt assumes no liability for exchange rate differences.

Financial flow:

  • The seller pays the full amount to Lumawelt before the collaboration begins
  • Lumawelt retains an intermediation commission and transfers the net amount to the affiliate within 5 working days of payment confirmation (pursuant to § 271 BGB — due date of payment obligations)
  • The affiliate receives the payment and confirms in writing the commencement of activity

Payment delays on the part of Lumawelt shall incur statutory late payment interest (pursuant to § 288 BGB — 9 percentage points above the base interest rate for commercial transactions).

Invoicing: The affiliate is obligated to issue an invoice (Rechnung) to Lumawelt within 5 working days of payment confirmation. Delays in issuing the invoice may block payment processing. If the affiliate is registered for VAT purposes, they shall include VAT on the invoice in accordance with German tax law. Affiliates operating under the small business scheme (§ 19 UStG — Kleinunternehmerregelung) do not apply VAT and must explicitly state this on the invoice.

Refund policy:

  • If the seller cancels the collaboration before payment is confirmed to the affiliate → 100% refund
  • If the seller cancels after payment confirmation but before activity has begun → 50% refund
  • If the affiliate has already begun activity → no refund, except in cases of proven non-delivery (pursuant to § 628 BGB — right to proportional remuneration)
  • If the affiliate fails to deliver the agreed package → proportional refund for undelivered services (pursuant to § 634 BGB)

All payments are made exclusively via bank transfer or Lumawelt-approved payment methods. Cash payments are not accepted.

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5.  Affiliate Plans

Lumawelt affiliates are not tied to any specific plan and are available to any seller on the platform, regardless of their subscription.

Each affiliate signs a single contract with Lumawelt upon joining the program. This contract governs the entire relationship between the affiliate and the platform. For each collaboration with a seller, no separate contract is signed — the collaboration takes place under the existing contract with Bliyt.

Each affiliate appears on the platform with an updated availability status:

  • ✅ Available — accepting new collaborations
  • ⏳ Busy — not currently accepting new collaborations
  • ❌ Unavailable — not accepting collaborations for a set period

The affiliate has the right to refuse any collaboration before payment confirmation, without any obligation to provide a reason (pursuant to § 145 BGB — freedom of contract)Payment is made exclusively after the affiliate's express confirmation that they accept the collaboration. Once payment has been confirmed and transferred, the affiliate may no longer refuse to deliver the agreed services.

Lumawelt reserves the right to suspend or remove an affiliate from the platform in the event of non-compliance with contractual obligations, with prior notice (pursuant to § 314 BGB — extraordinary termination).

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6.  Affiliate Obligations

By signing the contract with Lumawelt, the affiliate commits to complying with the following obligations throughout the duration of the collaboration:

📋 Service delivery:

  • To deliver in full and within the agreed timeframe all services promised in the activity package
  • Not to subcontract or delegate content creation to third parties without Lumawelt's written consent
  • To submit content for Lumawelt's approval before publication, at least 3 working days before the planned publication date

📊 Performance reporting:

  • To provide Lumawelt with proof of activity — screenshots of statistics, number of views, reach — within 3 working days of completing each published piece of content
  • This evidence forms the basis for performance evaluation and may be requested in the event of a dispute

🤝 Relationship with sellers and Lumawelt:

  • To treat the seller with respect and maintain professional communication exclusively through Lumawelt
  • Not to directly contact Lumawelt sellers for the purpose of negotiating collaborations outside the platform (pursuant to § 280 BGB — contractual liability)
  • Not to work independently with sellers recruited through Lumawelt during the contract period and for 12 months after its termination

🔒 Confidentiality:

  • To maintain the confidentiality of all information received from Lumawelt or the seller — pricing, strategies, contact details — and not to disclose it to third parties (pursuant to § 203 StGB — disclosure of professional secrets)

📢 Honest and transparent promotion:

  • To promote products honestly and transparently to their audience, without false promises or exaggerations
  • To explicitly disclose the commercial relationship with Lumawelt in any published material — e.g.: "paid partnership""sponsored content" — in accordance with EU regulations (§ 5 UWG) and German advertising transparency directives
  • Not to create content that may mislead consumers regarding the promoted products (pursuant to § 5a UWG)

🎨 Brand compliance:

  • To comply with the Lumawelt brand guidelines — logo, communication tone, approved visuals
  • Not to modify, distort, or misuse the visual materials of the seller or Lumawelt (pursuant to § 14 MarkenG)

⚡ Technical conduct:

  • Not to generate artificial traffic — bots, fake clicks, visits without genuine purchase intent — as these constitute fraud and carry criminal liability (pursuant to § 263 StGB)
  • To keep published content active throughout the agreed campaign duration and not to delete it without Lumawelt's consent
  • To maintain social media accounts active and functional throughout the collaboration. Deactivating or deleting accounts during the campaign without notifying Lumawelt constitutes a contractual breach (pursuant to § 280 BGB)
  • To notify Lumawelt within 24 hours if any situation arises that may affect the delivery of the promised services
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7. Prohibitions & Sanctions

The following actions are strictly prohibited and shall be sanctioned in accordance with applicable German law:

⚡ Fraudulent conduct:

  • Artificial traffic — bots, fake clicks, visits without genuine purchase intent (pursuant to § 263 StGB — fraud)
  • Self-referral — purchasing through one's own affiliate link or encouraging third parties to do so for personal gain (pursuant to § 242 BGB — good faith principle)
  • Any form of manipulation of tracking data, statistics, or performance reports submitted to Lumawelt

🤝 Platform bypass:

  • Direct collaboration with Lumawelt sellers outside the platform, during the contract period or within 12 months of its termination (pursuant to § 280 BGB — contractual liability)
  • Soliciting sellers to move their collaboration off-platform in exchange for lower fees or other benefits

🎨 Brand misuse:

  • Using the Lumawelt trademark in paid advertisements, sponsored content, or any paid promotion without prior written approval (pursuant to § 14 MarkenG — trademark protection)
  • Misrepresenting the affiliate's relationship with Lumawelt or presenting themselves as an official Lumawelt representative without authorisation

🚫 Prohibited platforms:

  • Promoting Lumawelt sellers on spam platforms, adult content sites, illegal content platforms, or any platform that violates German or EU law
  • Using unsolicited mass messaging (spam) to promote affiliated products (pursuant to § 7 UWG — unfair commercial practices)

⚖️ Sanctions: Violation of any of the above prohibitions shall result in:

  • Immediate suspension from the Lumawelt platform without prior notice
  • Forfeiture of all unprocessed commissions and pending payments
  • Contractual damages claim by Lumawelt for any losses incurred (pursuant to § 280 BGB)
  • Criminal prosecution under applicable German law where applicable (pursuant to § 263 StGB)

Lumawelt reserves the right to report any fraudulent activity to the competent German authorities.

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8.  Brand Protection & Conduct

The affiliate commits to never defaming, discrediting, or causing reputational harm to Lumawelt, its sellers, or any associated parties — whether during the collaboration or after its termination — on any communication channel, including but not limited to social media, public forums, press, or private communications that may become public.

This obligation is permanent and survives the termination of the contract for an indefinite period (pursuant to § 241 BGB — ancillary contractual obligations).

Prohibited conduct includes, but is not limited to:

  • Publishing false or misleading statements about Lumawelt or its sellers
  • Sharing confidential information or internal communications publicly
  • Engaging in coordinated negative campaigns against Lumawelt or its sellers
  • Making disparaging comparisons between Lumawelt and competing platforms

Any violation of these obligations shall give rise to:

  • An immediate claim for damages by Lumawelt (pursuant to § 823 BGB — tortious liability)
  • Additional liability for intentional harm contrary to public policy (pursuant to § 826 BGB)
  • The right of Lumawelt to seek injunctive relief before competent German courts to prevent further harm

📸 Intellectual property rights:

Content created by the affiliate during the collaboration remains the exclusive property of the affiliate. For the duration of the affiliate's active status on the Lumawelt platform, the affiliate grants Lumawelt and the sellers they collaborate with a non-exclusive, royalty-free licence to use the created materials organically — social media posts, website presentation — without the right to use them in paid advertisements without the affiliate's prior written consent.

Upon the affiliate ceasing their collaboration with Lumawelt — for any reason — this licence terminates automatically, and Lumawelt and sellers no longer have the right to use, redistribute, or publish the materials in question. Already published materials shall be removed within 14 calendar days of the termination of the collaboration (pursuant to § 31 UrhG — licence of copyright).

🌐 General online conduct:

The affiliate commits to maintaining professional and ethical online conduct in general. The affiliate's public behaviour on social media may affect the reputation of Lumawelt and the sellers they collaborate with. Lumawelt reserves the right to terminate the contract if the affiliate's public behaviour is incompatible with the platform's values (pursuant to § 314 BGB — extraordinary termination).

⚖️ Limitation of Lumawelt's liability:

Lumawelt's liability towards the affiliate is limited to the total value of commissions paid in the 6 months preceding the damaging event, except in cases of:

  • Wilful misconduct (Vorsatz) (pursuant to § 276 BGB)
  • Gross negligence (grobe Fahrlässigkeit) (pursuant to § 276 BGB)
  • Personal injury — for which liability remains unlimited under German law

Lumawelt assumes no liability for indirect damages, loss of profit, or reputational harm suffered by the affiliate as a result of third-party actions outside Lumawelt's control (pursuant to § 254 BGB — contributory negligence).

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9. Contractual Confidentiality

The affiliate commits to maintaining complete confidentiality regarding the terms of this agreement, the negotiated financial conditions, information about sellers, and any internal data of the Lumawelt platform accessed during the collaboration.

Confidential information includes, but is not limited to:

  • The financial terms and conditions of the contract
  • Contact details and information about Lumawelt sellers
  • Lumawelt's commercial and marketing strategies
  • Technical information about the platform's operation
  • Any internal communications received from Lumawelt

Disclosure of confidential information to third parties is strictly prohibited and constitutes grounds for immediate termination of the contract without entitlement to compensation (pursuant to § 314 BGB — extraordinary termination). Lumawelt reserves the right to claim full damages for any losses caused by unauthorised disclosure (pursuant to § 280 BGB — contractual liability).

This confidentiality obligation is permanent and survives the termination of the contract for a period of 5 years from the date the collaboration ends (pursuant to § 203 StGB — disclosure of professional secrets).

An exception applies where disclosure is required by legal obligation or court order, in which case the affiliate is obligated to notify Lumawelt within 48 hours prior to disclosure, where permitted by law.

10. Non-Competition

The non-competition clause applies exclusively from the date of signing the contract with Lumawelt and does not affect in any way the collaborations, contracts, or partnerships the affiliate had entered into prior to signing this agreement.

From the date of signing the contract, and for a period of 12 months after the termination of the collaboration — regardless of the reason for termination — the affiliate commits to not engaging in activities of a competitive nature towards Lumawelt, including but not limited to:

  • Creating or participating in a similar platform that intermediates collaborations between sellers and affiliates/influencers
  • Actively recruiting Lumawelt sellers for the purpose of collaborating on competing platforms
  • Actively recruiting Lumawelt affiliates for the purpose of building a competing network
  • Offering affiliate-seller intermediation services independently or through third parties

This clause is limited geographically to the territory of the European Union and is proportionate to Lumawelt's legitimate interests in protecting its commercial network (pursuant to § 74 HGB and § 138 BGB — proportionality of obligations).

Violation of this clause entitles Lumawelt to full damages and legal action for the immediate cessation of the competitive activity (pursuant to § 280 BGB).

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11. Duration & Termination

This agreement enters into force on the date of signing and is valid for an indefinite period, automatically renewing the collaboration terms for as long as the affiliate remains active on the Lumawelt platform.

📋 Termination with notice:

Either party may terminate this agreement by written notice submitted at least 30 calendar days before the desired termination date. Notice must be sent exclusively by e-mail to the official Lumawelt address or by registered letter with acknowledgement of receipt.

Termination becomes effective only upon written confirmation of receipt of the notice by Lumawelt, transmitted within 5 working days of receiving the notice.

During the 30-day notice period, the affiliate is obligated to:

  • Complete all active collaborations with Lumawelt sellers currently in progress
  • Not initiate new collaborations with Lumawelt sellers
  • Hand over to Lumawelt all materials, reports, and proof of activity for ongoing campaigns

If active collaborations cannot be completed within the 30-day notice period, the affiliate and Lumawelt shall mutually agree on a reasonable completion deadline, not exceeding 30 additional days (pursuant to § 271 BGB — maturity of obligations).

📸 Withdrawal of materials:

Upon the termination of the collaboration, the licence granted to Lumawelt and sellers terminates automatically, and the affiliate is obligated to withdraw all published materials within 14 calendar days of the effective termination date (pursuant to § 31 UrhG — termination of copyright licence).

⚡ Immediate termination by Lumawelt:

Lumawelt reserves the right to terminate the contract immediately and without notice in the following situations:

  • Fraud or attempted fraud of any nature
  • Artificial traffic — bots, fake clicks, visits without genuine purchase intent
  • Public disparagement of Lumawelt or its sellers
  • Breach of the confidentiality clause or the non-competition clause
  • Any other material breach of this agreement

Immediate termination operates without entitlement to compensation or unprocessed commissions (pursuant to § 314 BGB — extraordinary termination).

✅ Financial obligations upon termination:

Commissions for campaigns completed and validated prior to the termination date shall be paid in accordance with standard payment terms (pursuant to § 271 BGB). Commissions for campaigns not completed or not validated at the termination date are forfeited, without entitlement to compensation.

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12. Amendment of Terms

Lumawelt reserves the right to modify, update, or supplement these terms and conditions at any time, provided that a prior written notice is sent at least 14 calendar days before the modifications come into effect (pursuant to § 305 BGB — requirements for general contractual terms).

📩 Notification method:

Notification of modifications shall be sent via:

  • E-mail to the affiliate's registered address on the Lumawelt platform
  • Notification in the Lumawelt platform dashboard

The affiliate is responsible for maintaining an active and functional e-mail address in their Lumawelt account. Lumawelt cannot be held liable for non-receipt of notifications caused by incorrect or inactive contact details.

✅ Implicit acceptance:

Continued use of the Lumawelt platform and carrying out activities within the programme after the expiry of the 14-day period constitutes implicit and unconditional acceptance of the new terms and conditions, without the need for further confirmation.

❌ Right to refuse:

If the affiliate does not accept the proposed modifications, they have the right to terminate the agreement without penalty, provided that a written notice is sent to Lumawelt within 14 calendar days of receiving the modification notice. In this case, the contract terminates on the date the new terms come into effect, and the standard obligations upon termination of the collaboration remain applicable (pursuant to § 314 BGB).

Modifications affecting commissions or financial conditions of active affiliates shall be notified at least 30 calendar days before coming into effect, providing affiliates with an extended decision period.

📋 Amendment history:

Lumawelt shall maintain a complete history of all modifications made to the terms and conditions, accessible at any time on the Lumawelt platform. Each version shall be identified by its effective date, allowing affiliates to consult the version applicable at any given time. This history shall serve as evidence in the event of any dispute regarding the applicable terms (pursuant to § 305 BGB).

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13.Right to Use Content

Lumawelt has the right to use content provided by the affiliate — images, video materials, testimonials — exclusively for the purpose of promoting the collaboration on marketing platforms (Facebook, TikTok, Google, Instagram, etc.), without additional costs, and solely for the duration of the active collaboration.

This licence does not include the right to use affiliate content in paid advertisements without the affiliate's prior written consent.

Lumawelt does not have the right to assign, sell, or transfer the affiliate's content to third parties without their prior written consent (pursuant to § 31 UrhG — licence of copyright).

Upon termination of the collaboration, Lumawelt shall cease all use of the affiliate's content and remove it from all platforms within 14 calendar days of the effective termination date (pursuant to § 14 MarkenG and § 31 UrhG).

Any use of the affiliate's content beyond the scope defined above shall constitute a copyright infringement and entitle the affiliate to claim damages (pursuant to § 97 UrhG — claims for infringement).

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14.Agreement Continuity

This agreement is concluded for an indefinite period and remains in force for as long as the affiliate is active on the Lumawelt platform and complies with the terms and conditions of this agreement.

🔄 Periodic review of conditions:

Lumawelt may initiate a review of the collaboration conditions once every 12 months, notifying the affiliate at least 30 calendar days in advance. If the affiliate does not transmit an explicit written refusal within the 30-day period, the new conditions shall be considered implicitly accepted.

If the affiliate does not accept the new conditions, they have the right to terminate the agreement without penalty, in accordance with the standard termination procedure with 30 days' notice set out in Clause 11.

💤 Affiliate inactivity:

If the affiliate carries out no activity on the Lumawelt platform for 6 consecutive months, Lumawelt reserves the right to suspend or terminate the agreement, with 14 calendar days' prior notice sent to the registered e-mail address. The affiliate has the right to contest the suspension within 14 days of receiving the notice, by providing evidence of activity carried out (pursuant to § 314 BGB — extraordinary termination).

📩 Continuity of communication:

The affiliate is responsible for maintaining an active and functional e-mail address in their Lumawelt account throughout the duration of the collaboration. Lumawelt cannot be held liable for non-receipt of communications caused by incorrect or inactive contact details (pursuant to § 305 BGB).

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15. Official Communication

Any request, notice, complaint, or official communication between the affiliate and Lumawelt must be transmitted exclusively in written form, through one of the following channels:

  • E-mail to the official Lumawelt address
  • Internal messaging on the Lumawelt platform
  • Registered letter with acknowledgement of receipt, for communications of a legal nature

(pursuant to § 126b BGB — text form as a validity requirement)

🚫 Verbal communications:

Verbal communications — including those conducted by telephone, video call, or in person — have no contractual value and cannot be invoked as evidence in any dispute or litigation between the parties. Any verbal agreement becomes binding exclusively upon written confirmation by both parties.

📩 Official contact details:

Each party is obligated to maintain up-to-date contact details and to notify the other party within 5 working days of any change to their official e-mail address or other contact details. Communications sent to the last registered address shall be considered legally received, even if the recipient has not actually read them.

⏰ Response deadline:

Unless otherwise specified in this agreement, each party is obligated to respond to official communications within 5 working days of the date of receipt (pursuant to § 242 BGB — principle of good faith).

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16. Privacy & Data (GDPR)

Lumawelt collects and processes the affiliate's personal data — including name, e-mail address, banking details, and performance data — exclusively for the purpose of administering the affiliate programme, in accordance with:

  • GDPR — EU Regulation 2016/679 on the protection of personal data
  • BDSG — Bundesdatenschutzgesetz (German Federal Data Protection Act)

📋 Categories of data collected:

  • Identification data — first name, last name, e-mail address
  • Financial data — banking details required for commission processing
  • Activity data — performance statistics, campaign reports
  • Technical data — IP address, platform authentication data

🎯 Purpose of processing:

Data is processed exclusively for:

  • Managing the affiliate account and active collaborations
  • Processing and paying commissions
  • Official communications related to the collaboration
  • Compliance with legal and fiscal obligations

🚫 Data restrictions:

The affiliate's personal data shall not be sold, rented, or shared with third parties outside the contractual purpose, except where required by legal obligations or court orders.

✅ Affiliate rights:

In accordance with GDPR, the affiliate is entitled to:

  • Right of access to their personal data
  • Right to rectification of incorrect data
  • Right to erasure — after termination of the collaboration, subject to legal archiving obligations
  • Right to data portability
  • Right to object to the processing of data for marketing purposes

⏳ Data retention period:

The affiliate's personal data shall be retained for the duration of the collaboration and for a maximum of 3 years after its termination, in accordance with legal fiscal archiving obligations (pursuant to § 147 AO — Abgabenordnung). Upon expiry of this period, data shall be permanently deleted or anonymised.

📬 Data protection contact:

For any request regarding personal data — access, rectification, erasure, or objection — the affiliate may contact Lumawelt at: contact@lumawelt.de

📄 Privacy Policy:

For full details on how Lumawelt collects, processes, and protects personal data, please consult the Lumawelt Privacy Policyhttps://www.bliyt.com/policies/privacy-policy

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17. Affiliate Intellectual Property

The affiliate remains the exclusive owner of all intellectual property rights over their content — including images, video materials, texts, logos, trademarks, and any other original creations produced within or outside the collaboration with Lumawelt.

📋 Nature of the licence granted to Lumawelt:

The rights granted to Lumawelt under Clause 13 are:

  • Non-exclusive — the affiliate may grant similar rights to other partners
  • Limited — exclusively for the purpose of promoting the collaboration on the agreed marketing platforms
  • Revocable — the licence terminates automatically on the date the collaboration ends, without the need for further notice

🚫 Restrictions for Lumawelt:

Lumawelt shall not register, claim, sublicence, or use in any way the affiliate's trademark, logo, or any other element of intellectual property outside the contractual purpose expressly set out in this agreement (pursuant to § 14 MarkenG — protection of registered trademarks).

Any use of the affiliate's intellectual property beyond the limits established in this agreement shall constitute an infringement of intellectual property rights and shall entitle the affiliate to claim damages (pursuant to § 97 UrhG — claims in case of infringement).

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18. Force Majeure

Neither party shall be held liable for the failure to fulfil their obligations under this agreement if such failure is caused by a force majeure event — meaning any event that is unforeseeable, unavoidable, and beyond the reasonable control of the affected party, including but not limited to:

  • Pandemics or public health emergencies declared by competent authorities
  • Natural disasters — earthquakes, floods, fires, storms
  • Armed conflicts — wars, terrorist attacks, civil unrest
  • Government decisions — legislative changes, embargoes, platform bans
  • Critical infrastructure failures — prolonged internet outages, cyberattacks on essential services

(pursuant to the general principles of § 275 BGB — impossibility of performance, and § 313 BGB — disruption of the basis of the transaction)

📩 Notification obligation:

The affected party has the obligation to notify the other party in writing within 5 working days of becoming aware of the force majeure event, specifying its nature, expected duration, and impact on contractual obligations. Failure to notify within this deadline may result in the loss of the right to invoke force majeure as a defence.

⏳ Duration & termination:

During the force majeure event, the affected party's obligations are suspended for the duration of the event. If the force majeure situation persists for more than 60 consecutive days, either party may terminate the agreement without penalty, with written notice effective immediately. In this case, commissions for campaigns completed and validated prior to the termination date shall be paid in accordance with standard payment terms.

🔄 Resumption of obligations:

Once the force majeure event has ceased, the affected party has the obligation to resume their contractual obligations within 10 working days and to notify the other party accordingly.

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19. Dispute Resolution & Mediation

Before resorting to legal proceedings, both parties commit to attempting an amicable resolution through a structured mediation procedure, within 30 calendar days of the written notification of the dispute (pursuant to the general principles of § 278 ZPO — mediation and alternative dispute resolution).

📩 Notification of dispute:

The party initiating the dispute resolution procedure must transmit a written notification to the other party, specifying:

  • The nature and subject matter of the dispute
  • The amount claimed, if applicable
  • The proposed resolution

The other party has 10 working days to respond in writing to the notification.

🤝 Mediation procedure:

If the parties cannot reach an agreement through direct negotiation within 30 calendar days, they agree to submit the dispute to a certified mediator mutually agreed upon by both parties. The costs of mediation shall be shared equally between the parties, unless otherwise agreed. The mediation shall be conducted in German or English, at the choice of both parties.

⚖️ Legal proceedings:

If mediation fails to resolve the dispute within 60 calendar days of the initial written notification, either party may resort to legal proceedings before the competent courts. The place of jurisdiction is Germany, and the applicable law is German law (pursuant to § 38 ZPO — jurisdiction agreement).

🌐 Online dispute resolution:

In accordance with EU Regulation No. 524/2013, the European Commission provides an Online Dispute Resolution (ODR) platform for consumers, available at: https://ec.europa.eu/consumers/odr

Lumawelt's official contact for ODR purposes: contact@lumawelt.de

🌐

20. Official Language

This agreement is drawn up in two official languages: German and English. Both versions are considered equally authentic and binding upon signature.

⚖️ Prevailing language:

In the event of any dispute, ambiguity, or discrepancy in interpretation between the two versions, the German language version shall prevail (pursuant to § 133 BGB — interpretation of declarations of intent).

📋 Translations:

Any translations of this agreement into other languages are provided for informational purposes only and have no contractual or legal value. Only the German and English versions are legally binding.

⚖️

21. Jurisdiction & Applicable Law

This agreement is governed exclusively by German law in force, with the express exclusion of private international law rules (IPR — Internationales Privatrecht) and the UN Convention on Contracts for the International Sale of Goods (CISG).

📅 Entry into force:

This agreement enters into force on the date of signature by both parties, from which moment all contractual rights and obligations become applicable.

🏛️ Competent court:

For any dispute arising from or in connection with this agreement, the competent court is the Amtsgericht Sigmaringen, as the court at Bliyt's registered seat (pursuant to § 38 ZPO — Zivilprozessordnung, German Code of Civil Procedure). Lumawelt reserves the right to bring proceedings before the court at the affiliate's domicile or registered seat, where applicable law permits.

🌍 Affiliates outside Germany:

For affiliates with residence or registered seat outside Germany, this agreement remains governed by German law, and any dispute shall be resolved exclusively before the Amtsgericht Sigmaringen, unless the mandatory legislation of the affiliate's country of residence provides otherwise (pursuant to Regulation Rome I — EU 593/2008).

✅ Confirmation of agreement:

By ticking the confirmation checkbox upon registration in the Lumawelt Affiliate Programme, the affiliate expressly confirms that they:

  • Have read in full and understood these Terms and Conditions
  • Agree to all clauses of this agreement
  • Consent to the processing of their personal data in accordance with GDPR and the Lumawelt Privacy Policy
  • Have the legal capacity required to enter into this agreement

This electronic confirmation has the legal value of a digital signature and is enforceable before the competent courts (pursuant to § 126b BGB — text form).