Terms and Conditions Customer Referral Program
General terms and conditions orderbird customer referral program
§1 Scope of application
These conditions apply to the tipper programme described on the orderbird AG website at https://www.orderbird.com/en/refer-us, within the framework of which we - orderbird AG - pay commissions for mediated contacts.
§ 2 Definition and requirements of a tipster
1. As a tipster, your task is to establish contact between an interested potential new customer (hereinafter: "qualified contact") and us. You can send us the contact details of qualified contacts via an online form provided for this purpose.
2. It is not your task and you are prohibited from making statements on our behalf, acting as a representative of our company or advising the potential new customer independently.
3. Both companies and private individuals can act as tipsters. However, you must be a resident of Germany, Austria, Switzerland, or France and of legal age. Minors and persons incapable of contracting are excluded from participation.
§ 3 Qualified contact
1. The following conditions must be met for a qualified contact:
a. The contact referred by you has expressed a specific interest to you in the services provided by us and has consented to the disclosure of data to us.
b. The contact referred is an entrepreneur / a company (sole proprietorship, GbR, GmbH, partnership, etc.). This also includes companies in the pre-establishment phase. Private individuals and underage contacts, however, are excluded.
c. The referred contact is based in Germany, Austria, France or Switzerland.
d. Nomination of a qualified contact with full name, name of the company, address as well as contact possibilities and nomination of the recommended product.
e. There has been no contact between the referred contact and us within the last three months, the contact has not been referred to us elsewhere at the time of submission and the referred contact has not already been a customer of orderbird AG within the last twelve months.
f. A written confirmation of receipt from the tipster, in which we confirm the tipster's entitlement to commission under the conditions stated in these terms and conditions, as well as stating the amount of commission.
g. The receipt of the remuneration contractually agreed with the new customer from the initial transaction in our account.
2. The referred contact may well be a company whose responsible persons are from your circle of friends and family, provided you do not live in the same household as the referred contact. A self-placement (i.e. you for yourself) is excluded, as is a brokerage of a contact in which the tipster has a legal or economic interest.
3. In the event that we do not consider the referred contact to be a qualified contact within the meaning of § para. 1 of these conditions of participation, we will inform you immediately.
§ 4 Tipper commission
1. In the event of a successful referral - if orderbird AG successfully concludes a contract with the referred contact - you will receive a success notification with reference to a one-off commission in accordance with the remuneration regulations at https://www.orderbird.com/en/refer-us:
a. For a referral for orderbird PRO, there is entitlement to a tipster commission if a contract is concluded between orderbird AG and the referred contact which includes at least a starter package and an orderbird PRO licence, or if the new customer purchases a shopping basket worth at least 1,000 Euro (net). The amount of the bonus for orderbird PRO depends on their tipster status:
i. Junior Tipper (first successful recommendation): 150 Euro,
ii. Professional tipster (second successful recommendation): 250 Euro,
iii. Premium tipster (from the 5th successful recommendation): 350 Euro.
b. For a referral for MINI by orderbird, there is an entitlement to a tipster commission in the amount of 30 Euro if a contract is concluded between us and the referred contact which includes at least one MINI by orderbird device and a MINI by orderbird license.
c. In the case of an orderbird PRO purchase as described above, your referral will also receive a purchase benefit of 100 Euro.
2. If you are a company subject to sales tax, you will receive this commission plus the sales tax applicable to the commission.
3. The binding conclusion of a contract between orderbird AG and the referred customer as well as the receipt of payment of the remuneration agreed in the contract with the referred contact is deemed to be a successful referral.
4. Follow-up contracts with the customer are not to be remunerated.
5. You must invoice us for the commission after successful mediation. We shall pay the commission within 10 working days of receipt of the invoice.
6. As a private tipster, you undertake to settle the receipt of the commission by means of a small-amount invoice.
7. Payment of the commission shall be made by bank transfer to a German bank account.
8. All claims are fully settled with the tipper commission; there are no further claims, e.g. for reimbursement of expenses.
§5 Duties of the tipper / compliance with statutory provisions
1. You are obliged to comply with all legal regulations in any case. This also applies to private individuals. This includes in particular:
a. The provisions of the Unfair Competition Act (UWG): This prohibits unfair business acts. Explicitly mentioned here are the prohibitions of acquisition in an aggressive manner (§§4a para. 1 UWG), misleading actions (§ 5 UWG), acquisition by harassment (§ 7 para. 1 UWG) and impermissible cold calling in the form of unsolicited calls (§ 7 para. 2 UWG). In this context, you are obliged to please inform the referred contact that you are receiving a tipster commission.
b. Compliance with data protection regulations (DSGVO - BDSG):
These prohibit the processing (collection, storage and forwarding) of personal data without the express consent of the person concerned (Art. 6 DSGVO). You are therefore obliged to inform the mediated contact in advance about the disclosure of his or her data (name of the company; name, telephone number and email address of the contact person) and the use of this data in accordance with our data protection declaration (<-link to https://www.orderbird.com/en/privacy). You may only pass on the data to us if you have been given permission to do so.
c. Compliance with tax and other laws:
You are sole responsible for the taxation of the tipster commissions received, the fulfilment of social security, trade law and other legal obligations. Private tipsters are explicitly reminded of their tax liability with regard to "other income" (§ 22, para. 3 EStG). It is also your responsibility to register your activity as a business, insofar as this is required by law.
2. Passing on the remuneration to third parties, in particular to the brokered client, is not permitted.
§ 6 Other agreements
1. Even if the referred contact meets the requirements defined in these terms and conditions, we are free to decide whether and on what terms we offer our services and products to the referred contact. We also reserve the right to reject qualified contacts nominated by the tipper at any time.
2. We shall be entitled to terminate the tipper programme or adjust the terms and conditions at any time without prior notice and without stating any reasons.
3.Neither party is entitled to act on behalf of the other party and/or to make or receive declarations with effect for and against the other party.
4. No employment relationship, no commercial contract and no other service or corporate relationship shall be established between you as the tipster and us.
5. Any supplementary agreements to these terms and conditions of participation must be made in writing.
6. The application of German law shall be deemed agreed for the tipper programme. This also applies to cross-border business to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
7. If you are a registered trader as defined by the German Commercial Code (Handelsgesetzbuch), the place of performance for all obligations and claims arising from the contractual relationship and the place of jurisdiction shall be the city of Berlin.
Berlin, June 14th 2021