Partner agreement

Preamble

Motaev Marx Motaev GbR (hereinafter referred to as “MMM”) provides its customers with an internet-based online service “QUESTIONSTAR” (hereinafter referred to as the “Service”) via its website, on the basis of which customers can create online questionnaires and conduct web-based online surveys.

Partners of MMM recruit clients who purchase licences to use the Service (hereinafter referred to as “Buyers”). Partners are remunerated with commission payments for the recruitment of Buyers.

The following conditions govern the relationship between MMM and Partners.

§1 Rights and obligations of the parties

(1) The Partner undertakes to recruit Buyers for the Service in return for commission and, where needed, to inform or advise them on questions about the Service, in particular during the recruitment process.

(2) The Partner shall receive current information in anonymised form about the Buyers they have recruited, the amount of the payments received from these Buyers, and the amount of the commission due to the Partner, in their Partner Account on the website https://partner.questionstar.com.

(3) The Partner has the right to:

• Use the brand name “QUESTIONSTAR” for the purposes of fulfilling this Agreement.
• Publish and distribute their referral link and/or QR code by any means that comply with this Agreement.
• Present themself as an official partner of QUESTIONSTAR.

(4) The Partner shall comply with all applicable laws when advertising the Service, in particular the Advertising Act and the Act against Unfair Competition.

(5) The Partner shall not enter into or sign any agency, representation, commission or other contracts in which they assign their rights under this Agreement to third parties.

(6) The Partner is not permitted to:

• Use the brand name “QUESTIONSTAR” for purposes that differ from the purposes of fulfilling this Agreement.
• Publish or advertise any conditions or prices that differ from the terms and prices declared on the QUESTIONSTAR websites.
• Use any spam methods to distribute their referral link or QR code, whether email spam, search-engine spam or anything else.
• Use the “QUESTIONSTAR” trademark or any of the QUESTIONSTAR domain names (e.g. questionstar.com, questionstar.de), or links to those domains, in ad copy, search queries or keywords on advertising platforms such as Google Ads, Facebook Ads or similar.
• Represent themself or their company as QUESTIONSTAR (using its trademark, company name, contact information, phone numbers, addresses, etc. as details of their own company).

(7) Provided that the Partner complies with the terms of this Agreement, MMM undertakes to make commission payments to the Partner in accordance with this Agreement.

(8) MMM has the right to demand that the Partner cease the distribution of advertising and marketing materials that contain information about the Service, as well as advertising and marketing activities, if MMM considers them inappropriate and/or unacceptable. The Partner shall comply with this request within two calendar days of receipt. In the event of non-compliance with this request, MMM is entitled to terminate this Agreement prematurely and, where applicable, to demand compensation for damages from the Partner.

§2 Commission and payment of commission

(1) The amount of the commission the Partner receives is calculated for each payment that the Buyers recruited by them make to MMM, and amounts to:

• 30 % (thirty percent) of the payment amount when the recruited Buyer makes their first payment;
• 10 % (ten percent) of the payment amount when the recruited Buyer makes their second or any subsequent payment.

(2) The Partner is remunerated under this Agreement either by transfer to the Partner’s credit card or to their account with the electronic payment system PayPal. The Partner can specify their preferred commission-payout method in their Partner Account.

(3) MMM pays out the commission once it amounts to at least €50 (fifty Euros).

(4) MMM undertakes to pay the commission to the Partner within 5 (five) days of receiving the payout request. The Partner can initiate the payout request in their Partner Account.

(5) MMM’s payment obligation towards the Partner shall be deemed fulfilled as of the date the payment is received via the payout method specified by the Partner in their Partner Account.

(6) The Partner shall be solely responsible for all expenses they incur in connection with the execution of this Agreement; such expenses shall not be invoiced separately or additionally and shall be borne by the Partner alone. In particular, MMM does not reimburse any expenses for advertising, marketing materials or marketing activities that the Partner has incurred in performing this Agreement.

(7) If the Buyer has requested a refund of the payment amount, or a chargeback in the case of payment by credit card, no commission is paid for such a payment. If the Buyer requests the refund after the commission for that transaction has already been paid to the Partner, the Partner shall transfer the amount of the commission payment to MMM’s account or (at MMM’s discretion) the corresponding amount will be withheld from future commission payments to the Partner.

(8) Commission is paid out net. The Partner is responsible for their own tax obligations (VAT / income tax) in accordance with their personal or business tax situation.

§3 Term and termination of the Agreement

(1) This Agreement takes effect immediately after the Partner has registered on the Partner Program website https://partner.questionstar.com and activated their Partner account.

(2) This Agreement is concluded for an indefinite period and may be terminated unilaterally by either party, provided that the other party is notified in writing at least 5 (five) calendar days in advance.

(3) MMM reserves the right to terminate this Agreement prematurely if the Partner breaches the terms of this Agreement.

(4) The terms of this Agreement may be modified or supplemented by MMM. The updated terms will be published on MMM’s website. In this case, Partners will be notified of the changes by an email sent to the email address entered in the Partner’s Partner Account. The updated terms take effect automatically and replace the previously applicable terms, unless the Partner objects to them within 14 days of receiving the notification.

§4 Organizational matters

(1) All business correspondence shall be handled via the following address:

(2) Where the law permits electronic form for certain types of correspondence, this may also be used.

§5 Final clauses and invalidity

(1) German law applies to this Agreement and to the contracts based on it, for both parties. The place of performance and place of jurisdiction is the registered office of MMM.

(2) If one of the provisions of this Agreement becomes invalid, the validity of the remaining provisions shall remain unaffected. The invalid provision shall be replaced such that the new provision comes as close as possible, economically and legally, to the meaning pursued by the invalid one.