General Terms and Conditions of the orderbird tipster program
§1 Scope
These tipster conditions apply to the tipster program described on the websites of orderbird GmbH at www.orderbird.com/en/refer-us, under which we, orderbird GmbH, pay commissions for referred contacts.
§ 2 Definition and requirements for tipsters
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 using an online form provided for this purpose.
2. It is not your task, and you are prohibited, to make declarations on our behalf, to act as a representative of our company or to advise potential new customers on your own.
3. Both companies and private individuals can act as tipsters. However, you must be resident in Germany, Austria, France or Switzerland and of legal age. Minors and persons lacking legal capacity are excluded from participation.
§ 3 Qualified contact
1. The following conditions must be met for a qualified contact:
a. The contact you refer has expressed a specific interest to you in the services we provide and has consented to the transfer of their data to us.
b. The referred contact is a business owner / a company (sole proprietorship, GbR, GmbH, partnership, etc.). This also includes companies in the pre-founding phase. Private individuals and contacts who are minors are excluded.
c. The referred contact has its seat in Germany, Austria, France or Switzerland.
d. The qualified contact is named with full name, name of the venue, address, contact options and the name of the recommended product.
e. There has been no contact between the referred contact and us in the last three months, the contact has not already been referred to us by someone else at the time of transmission, and the referred contact has not already been a customer of orderbird GmbH within the last twelve months.
f. A written confirmation of receipt to the tipster, in which we confirm the tipster's entitlement to commission under the conditions named in these terms and state the amount of the commission.
g. Receipt in our account of the remuneration contractually agreed with the new customer from the initial transaction.
2. The referred contact may well be a company whose responsible persons come from your circle of friends and family, provided that you do not live in the same household as the referred contact. Referring yourself (that is, you for yourself) is excluded, as is referring a contact in which the tipster has a legal or economic interest.
3. Should we not regard the referred contact as a qualified contact within the meaning of § para. 1 of these terms of participation, we will inform you immediately.
§ 4 Tipster commission
1. On a successful referral, that is, on a successful conclusion of a contract between orderbird GmbH and the referred contact, you receive a success notification stating a one-off commission in accordance with the remuneration rules at www.orderbird.com/de/tippgeber or www.orderbird.com/en/refer-us
a. For a referral for orderbird PRO there is an entitlement to a tipster commission if a contract is concluded between orderbird GmbH and the referred contact that contains at least a starter package and an orderbird PRO license, or if the new customer purchases a basket of at least 1,000 euros (net). For orderbird PRO, the amount of the bonus depends on your tipster status:
i. Junior tipster (first successful recommendation): 150 euros,
ii. Pro tipster (from the second successful recommendation): 250 euros,
iii. Premium tipster (from the 5th successful recommendation): 350 euros.
b. For a referral for orderbird MINI there is an entitlement to a tipster commission of 30 euros if a contract is concluded between us and the referred contact that contains at least one orderbird MINI device and an orderbird MINI license.
c. On a purchase of orderbird PRO, the referred contact additionally receives a purchase benefit of 100 euros.
2. If you are a company subject to value added tax, you receive this commission plus the value added tax payable on the commission.
3. A successful referral means the binding conclusion of a contract between orderbird GmbH and the referred customer, together with receipt of payment of the remuneration agreed in the contract with the referred contact.
4. Follow-up contracts with the customer are not remunerated.
5. You must invoice us for the commission after a successful referral. We pay the commission within 10 working days of receiving the invoice.
6. As a private tipster, you undertake to settle the receipt of the commission by means of a small-amount invoice.
7. The commission is paid by transfer to a German bank account.
8. The tipster commission settles all claims in full; there are no further claims, for example for reimbursement of expenses.
§5 Obligations of the tipster / compliance with statutory provisions
1. You are obliged in every case to comply with all statutory provisions. This also applies to private individuals. These include in particular:
a. The provisions of the Act against Unfair Competition (UWG):
This prohibits unfair business practices. Explicitly named here are the prohibitions on aggressive acquisition (Sections 4a (1) UWG), misleading practices (Section 5 UWG), acquisition by harassment (Section 7 (1) UWG) and inadmissible cold calling in the form of unsolicited calls (Section 7 (2) UWG). In this context you are obliged to inform the referred contact that you receive a tipster commission.
b. Compliance with data protection provisions (GDPR - BDSG):
These prohibit the processing (collection, storage and transfer) of personal data without the express consent of the data subject (Article 6 GDPR). You are therefore obliged to inform the referred contact about the transfer of their data (name of the company; name, telephone number and email address of the contact person) and about the use of this data in accordance with our privacy policy beforehand. You may only pass the data on to us once you have their consent.
c. Compliance with tax and other laws:
You alone are responsible for taxing the tipster commissions received and for meeting social security, trade law and other statutory obligations. In this respect, private tipsters are explicitly referred to the tax liability for "other income" (Section 22 (3) EStG). It is also your task to register your activity as a business where this is required by law.
2. Passing the remuneration on to third parties, in particular to the referred customer, is not permitted.
§ 6 Other agreements
1. Even if the referred contact meets the requirements defined in these terms, we are free to decide whether and on what conditions we offer our services and products to the referred contact. We also reserve the right to reject qualified contacts named by the tipster at any time.
2. We are entitled to end the tipster program at any time without prior notice and without stating reasons, or to adjust the terms and conditions.
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, commercial agency contract or other service or company relationship is established between you as a tipster and us.
5. Additional agreements to these terms of participation must be in writing.
6. The application of German law is deemed agreed for the tipster program. 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 as a tipster are a full merchant within the meaning of the German Commercial Code, the city of Berlin is agreed as the place of performance for all obligations and claims arising from the contractual relationship and as the place of jurisdiction.
Berlin, June 14, 2021