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These General Terms and Conditions (GTC) govern participation in the partner program of Beconova (hereinafter "Beconova" or "Operator") between Beconova and the partner (hereinafter "Partner" or "You").
By registering for the partner program, you agree to these GTC. Deviating, conflicting, or supplementary general terms and conditions of the partner shall only become part of the contract if and to the extent that Beconova has expressly agreed to their validity in writing.
2.1. Beconova operates a platform for AI-powered visibility and product feeds for businesses. Partners can refer potential customers to Beconova through individual affiliate links.
2.2. For each successful referral resulting in a contract (subscription), the partner receives a commission according to the current commission structure.
2.3. The contract is concluded upon confirmation of registration by Beconova. Beconova reserves the right to reject registrations without giving reasons.
3.1. Natural persons aged 18 and over and legal entities with the necessary legal capacity are eligible to participate.
3.2. The partner warrants that all information provided during registration is complete and truthful.
3.3. Each partner may only maintain one partner account. Registration of multiple accounts by the same person or company is prohibited.
4.1. The partner undertakes to comply with all applicable laws when promoting Beconova, in particular the German Unfair Competition Act (UWG), the General Data Protection Regulation (GDPR), the German Digital Services Act (DDG), and the Telecommunications Digital Services Data Protection Act (TDDDG).
4.2. The partner must make the commercial purpose of their communication recognizable as required by § 5a (4) UWG. The disclosure must be clear, immediately visible, and placed so that the reader perceives it before clicking the link. Acceptable labels include: "Advertisement", "Ad", "Affiliate Link", "Partner Link", "Paid Partnership", "#ad" or "#advertisement". Footer-only disclosure or abbreviations alone are NOT sufficient.
4.3. The partner may not make misleading, unfair, or false statements about Beconova, its products, or services.
4.4. The partner is obligated to keep their personal data (especially bank details) up to date.
4.5. The following are specifically prohibited:
The partner acts as an independent entrepreneur. There is no employment relationship and no commercial agent relationship. The partner acts in their own name and on their own account. The partner is neither a co-developer, co-owner, co-founder, nor in any other form involved in the development, architecture, source code, or intellectual property rights of the Beconova Platform. The Platform was developed exclusively by the Provider (Marvin Malessa).
The partner is solely responsible for the design and content of their advertising activities, sales conversations, and other communication towards customers.
In particular, the partner shall not: promise features that are not part of the actual scope of services; guarantee specific rankings or placements; make false statements about availability or functional scope; independently grant discounts or special conditions; claim any own contribution to the development, code, architecture, database structure, or AI logic of the Platform; pretend to be a co-owner of Beconova or its trademark; pose as co-founder, CTO, technical partner, co-creator, or in a comparable function; or suggest a business relationship that goes beyond actual brokerage or reselling.
Beconova shall not be liable for assurances, promises, or statements made by the partner that go beyond the documented scope of services. The partner shall indemnify Beconova against all third-party claims arising from misrepresentations by the partner. The indemnification covers in particular: rescission or damages claims of end customers based on fraudulent misrepresentation (§ 123 BGB - German Civil Code) or culpa in contrahendo (§§ 280, 311 BGB - German Civil Code); warning letters or lawsuits based on unfair commercial practices, in particular due to misleading conduct (§ 5 UWG - German Unfair Competition Act); trademark, copyright, or other intellectual property disputes arising from the misrepresentation of the partner's role or of the Platform; as well as reasonable attorneys', experts', and court fees necessary for legal defense.
Beconova shall be entitled to terminate the partnership without notice if the partner repeatedly or seriously violates these obligations. Commissions already paid out that are based on contracts concluded through misrepresentation may be reclaimed. Pending commission claims shall lapse without compensation.
If the partner culpably breaches the obligations under § 4a (in particular paragraph 3), the partner shall owe Beconova a contractual penalty, the amount of which shall be determined by Beconova at its reasonable discretion (Hamburger Brauch - German legal practice for assessing contractual penalties, subject to review by the competent court in case of dispute). The contractual penalty amounts to at least EUR 2,500 per individual breach. In case of intentional or repeated violations, it may amount to up to EUR 25,000 per individual breach. The right to claim further damages remains reserved; the contractual penalty shall be credited against any damages payable.
5.1. The current commission structure can be found at Commission Model.
5.2. A commission is only due if all of the following requirements are met:
5.3. Commissions are paid only on monthly or annual Beconova subscriptions. One-time purchases, add-ons, setup fees, taxes, refunds, and other non-commissionable items are excluded.
5.4. Partner tiers are based on active referred partner MRR: Bronze below EUR 500 active partner MRR with 15% commission for 12 paid months; Silver from EUR 500 active partner MRR with 20% commission for 36 paid months; Gold from EUR 2,000 active partner MRR only after internal approval with 25% commission for the active lifetime of the referred customer subscription.
5.5. Active partner MRR includes only active, paying, non-cancelled customer subscriptions that are not test accounts and have been validly attributed to the partner. Add-ons are not included in the MRR calculation.
5.6. Beconova reserves the right to change the commission structure prospectively with 30 days' notice. Commission claims that have already validly accrued remain unaffected. Changes to the partner's disadvantage are also governed by ? 12 of these Terms.
6.1. Detailed information about payouts can be found at Payout Terms.
6.2. The minimum payout amount is EUR 25.00. If the commission balance is below this amount, it will be carried over to the following month.
6.3. Payouts are made monthly on the 15th of the following month via SEPA bank transfer to the bank account specified by the partner.
6.4. The partner is responsible for the accuracy of their bank details. Costs for returned transfers due to incorrect information are borne by the partner.
7.1. If a referred customer exercises a withdrawal right, cancels the subscription, fails to pay, or the payment is refunded or charged back, no further commissions accrue for future periods for that customer.
7.2. Commissions that have already validly accrued and been paid remain valid unless they are based on withdrawal, refund, chargeback, fraud, abuse, or misrepresentation. Commissions that are not yet due or relate to future periods lapse.
7.3. In cases of reasonably suspected fraud, cookie stuffing, spam or other manipulation, Beconova reserves the right to reclaim commissions already paid. A formal process applies: (a) Beconova notifies the partner of the suspicion in writing (email suffices), specifying the concrete allegations and evidence; (b) the partner has 10 calendar days to respond in writing; (c) only after the deadline and consideration of the response may Beconova issue the claw-back. The partner may seek legal counsel during this process. Disputes over the validity of the claw-back fall under the jurisdiction specified in § 13.
8.1. Customer-to-partner attribution is done through tracking cookies with tier-based duration. More information can be found in our Cookie Policy.
8.2. When a user clicks an affiliate link, a tracking cookie is set. Cookie duration depends on the partner tier applicable at the time of attribution: Bronze 30 days, Silver 60 days, Gold 90 days. Gold applies only after internal approval.
8.3. Beconova assumes no liability for technical issues (e.g., blocked cookies) that prevent correct attribution.
9.1. Beconova processes the partner's personal data in accordance with the Privacy Policy for Partners.
9.2. The partner undertakes to comply with the GDPR when promoting Beconova and to provide their own privacy policy.
The partner and Beconova are jointly responsible for the processing of personal data in the context of affiliate tracking pursuant to Art. 26 GDPR.
Beconova is responsible for:
The partner is responsible for:
9.4. Contact for data subject rights: Users can exercise their rights (access, rectification, erasure, restriction, data portability, objection) with both Beconova and the respective partner. Both parties ensure that requests are processed regardless of whom the data subject contacts.
9.5. Essential contents of this agreement: The key statements of this joint responsibility agreement are available to data subjects at all times at this Privacy Policy .
9.6. Contact for data protection inquiries:
Beconova: datenschutz@beconova.de
Partner: See the respective partner's website
10.1. Beconova is fully liable for intent and gross negligence as well as under the Product Liability Act. In cases of slight negligence, Beconova is only liable for breach of a material contractual obligation, limited to foreseeable damages.
10.2. Beconova does not guarantee the continuous availability of the partner program or tracking systems.
10.3. The partner shall indemnify Beconova against all third-party claims arising from violations of these GTC or applicable law.
11.1. Participation in the partner program is for an indefinite period and may be terminated by either party at any time with 14 days' notice.
11.2. The right to extraordinary termination for good cause remains unaffected. Good cause exists in particular in the case of:
11.3. In the event of termination, validly accrued outstanding commissions will be paid after review once the minimum payout amount is reached. If the remaining balance is below that amount, the partner may request a final settlement. Invalid, cancelled, or abusive commissions remain excluded.
11.4. After termination, the partner must remove all Beconova advertising materials and cease using the affiliate link.
12.1. Beconova reserves the right to change these GTC at any time. Changes will be communicated by email.
12.2. If the partner does not object in text form within 14 days of receiving the notification, the changes are deemed accepted. This consequence is explicitly stated in the change notification. For changes that disadvantage the partner (in particular reduction of commission rates, shortening of cookie duration, expansion of exclusion or claw-back triggers), in the event of objection the partner has an extraordinary right of termination without notice period. Commission claims already accrued remain unaffected.
13.1. German law applies, excluding the UN Convention on Contracts for the International Sale of Goods.
13.2. If the partner is a merchant or legal entity under public law, the exclusive place of jurisdiction is Beconova's registered office.
13.3. Should individual provisions be or become invalid, the validity of the remaining provisions remains unaffected.
13.4. Amendments and additions require written form. This also applies to the waiver of this requirement.
15.1. Consumers under § 13 BGB (natural persons not acting predominantly in a commercial or self-employed capacity) have a statutory right of withdrawal. The partner program primarily targets commercial partners; participation as a consumer is possible when explicitly stated.
15.2. Right of withdrawal: You have the right to withdraw from this contract within 14 days without stating reasons. The withdrawal period begins with the conclusion of the contract (confirmation of registration by Beconova).
15.3. To exercise your right of withdrawal, you must inform Beconova by means of a clear statement (e.g., email to partner@beconova.de) of your decision. Sending the notification before the withdrawal period expires is sufficient to meet the deadline.
15.4. Consequences of withdrawal: In case of valid withdrawal, both parties shall refund received benefits. Any commissions already accrued from referred conversions will be settled based on the legal situation existing at the time of withdrawal.
16.1. All advertising materials provided by Beconova (logos, banners, texts, images, videos, marketing kits) are protected by copyright. Beconova grants the partner, for the duration of the partnership, a non-exclusive, non-transferable, non-sublicensable license solely for the purpose of promoting the Beconova partner program.
16.2. The partner may use the "Beconova" brand and associated trademarks only unaltered to advertise the partner program. Modifications, alterations, combination with third-party brands, or use in unauthorized contexts (gambling, adult content, political advertising, crypto trading systems) are prohibited.
16.3. The usage right expires automatically upon termination of the partnership. The partner must remove all advertising materials from their channels without delay, at the latest within 14 days.
16.4. In case of violations, Beconova may demand cessation after prior warning and may terminate the partnership without notice. Further statutory claims (§§ 14, 15 MarkenG, § 97 UrhG) remain unaffected.
17.1. There is no exclusivity obligation. The partner may promote partner programs of other providers.
17.2. However, the targeted direct solicitation of existing Beconova customers to competing offerings, exploiting knowledge gained through the partnership (e.g., from reports, materials or personal contacts from partner onboarding), is not permitted. Generally public advertising for competing offerings remains permissible.
17.3. The partner may not run paid ads in search engines positioning against the Beconova brand term (brand bidding). Violations result in loss of commission for affected conversions and can trigger extraordinary termination under § 11.2.
18.1. The operator of the partner program is the company named in the imprint. Beconova is currently operated as a sole proprietorship; the contracting party is therefore the natural person owner. The partner is hereby expressly notified that this affects liability and contractual relationships (natural person instead of legal entity).
18.2. Beconova reserves the right to transfer the contract to a new legal entity (e.g., GmbH, UG) in the event of incorporation. Such transfer will be notified to the partner in text form at least 30 days in advance; the partner has an extraordinary termination right, provided no material deterioration of conditions occurs.
18.3. All claims are directed at the time of their arising against the legal entity named in the imprint. Accrued claims are not affected by a later incorporation.
For questions about these GTC or the partner program, please contact:
Beconova
E-Mail: partner@beconova.de
Note on legal review: These General Terms and Conditions have been drafted to the best of our knowledge based on current law (BGB, UWG, GDPR, BGH case law including I ZR 27/22). They do not replace individual legal advice. For business-critical partnerships, review by a specialist attorney for commercial law is recommended.