Non-binding translation. This document is a translation of the German original provided for convenience only. The legally binding version is the German one, available at https://mcgesund.eu/de-DE/rechtliches/affiliate-bedingungen. In the event of any discrepancy between this translation and the German original, the German version shall prevail.
Version: 2026-09-15 v1.2
These terms govern participation in the affiliate programme of Organon Informationssysteme GmbH (hereinafter “McGesund”). By registering as an affiliate you agree to these terms.
Section 1 Subject Matter
The affiliate refers businesses to McGesund as paying customers. For successful referrals the affiliate receives a commission in accordance with these terms.
Section 2 Participation
(1) Participation requires the affiliate to act in a commercial capacity. The affiliate acts independently and in its own name.
(2) There is no employment, service or partnership relationship between McGesund and the affiliate. The affiliate is not entitled to represent McGesund or to make declarations on its behalf.
(3) The affiliate is not permanently entrusted with brokering business, but acts on a case-by-case basis. Neither a commercial agency relationship within the meaning of Section 84 of the German Commercial Code (Handelsgesetzbuch, HGB) or Article 1 of Directive 86/653/EEC, nor an agency contract within the meaning of Article 418a of the Swiss Code of Obligations (Obligationenrecht, OR), is established. The affiliate receives neither territorial nor customer protection, is not subject to instructions, owes no minimum level of activity and may promote comparable third-party programmes. There is no exclusivity in either direction.
(4) McGesund decides at its own discretion whether to activate an affiliate account and may terminate participation at any time without stating reasons.
Section 3 Referral and Attribution
(1) The affiliate receives a personal referral link with a unique code. If a business registers via this link, the referral is attributed to the affiliate.
(2) A claim to commission arises only once the referred business books a paid plan and payment has been made. Free listings do not trigger any commission.
(3) No remuneration is paid for self-referrals, referrals of existing customers, or referrals obtained by impermissible means (spam, misleading advertising, trademark infringement, unauthorised bidding on McGesund trademarks).
(4) Attribution is effected by a cookie that is set when the referral link is opened and is valid for 30 days. If the business registers within this period, the referral is attributed to the affiliate; thereafter it is not.
(5) If a user opens referral links of several affiliates in succession, the link opened last applies. If the user deletes the cookie or changes device or browser, attribution may not occur; there is no claim to attribution without technically recorded assignment.
(6) Irrespective of the referral link, the referred business may enter the affiliate’s code manually in the referral-code field during registration. In that case the referral is attributed regardless of the period under paragraph 4. The affiliate finds the code in its affiliate account.
Section 4 Commission
(1) The amount and model of the commission (one-off or recurring, fixed amount or percentage share) are agreed individually and shown in the affiliate account.
(1a) The basis of assessment for a percentage commission is the net amount of the plan actually invoiced to the referred business for the respective billing period, after deduction of any discounts granted and excluding VAT. Free months do not trigger any commission.
(1b) A recurring commission arises for each billing period for which the referred business has paid the invoice. If its term is limited, the term is calculated in months from the start of the first remunerated billing period; a change of plan does not restart the term.
(2) The commission rate applicable at the time of the referral continues to apply to that referral; subsequent changes take effect only for future referrals.
(3) If an invoice is cancelled, not paid or refunded, the commission for the billing period concerned lapses or is charged back. Commissions for other billing periods remain unaffected.
(4) If it emerges after payout that a referral came about in breach of clause 3.3, McGesund may reclaim the commission attributable to it or set it off against future commission claims. This right is limited to twelve months from payout.
Section 5 Settlement by Self-Billing (Section 14 (2) of the German VAT Act)
(1) Commission is settled by way of self-billing: McGesund issues the settlement document in the name and for the account of the affiliate. The affiliate does not issue an invoice of its own.
(2) The affiliate is obliged to state its tax status (VAT identification number, small-business scheme under Section 19 of the German VAT Act (Umsatzsteuergesetz, UStG), or an equivalent scheme in its country of establishment) and to notify any change without undue delay. If the affiliate is established elsewhere in the European Union, liability for the tax passes to McGesund under Article 196 of Directive 2006/112/EC (reverse charge). If the affiliate is established outside the European Union — in Switzerland, for example — the service is taxable at McGesund’s place of business under Section 3a (2) UStG, and the tax is likewise owed by McGesund under Section 13b (2) no. 1 in conjunction with (5) UStG. In both cases the self-billed document shows no German VAT and carries the reverse-charge notice.
(3) The affiliate may object to a self-billed document; to that extent the document then loses its effect as an invoice.
(4) Settlement and payout are made in euro. Payout is made to the account stored in the affiliate account once the confirmed commission reaches the minimum amount shown there. Settlement is monthly; payout follows within 14 days of settlement. McGesund bears the charges of its own bank; the receiving bank’s fees and any currency conversion costs are borne by the affiliate.
(5) If the minimum amount is not reached, the amount is carried over to the following month. On termination of participation any remaining balance is paid out irrespective of the minimum amount, provided it exceeds the cost of the transfer.
Section 6 Trademark and Advertising Material
(1) For the duration of participation McGesund grants the affiliate the non-exclusive, non-transferable right, revocable at any time, to use McGesund’s name, word and figurative marks and the advertising material provided, solely for the purpose of making referrals.
(2) Modification of the advertising material, in particular of the logo, lettering or colours, is not permitted. The affiliate must not create the impression that it acts on behalf of McGesund, is part of the company, or operates an official McGesund site.
(3) On termination of participation the right of use ends. The affiliate shall remove advertising material and trademarks from its channels without undue delay.
Section 7 Affiliate’s Obligations
(1) The affiliate promotes McGesund truthfully and fairly. Misleading, unlawful or unethical advertising is prohibited.
(2) The affiliate shall label referral links and content created for McGesund clearly and unambiguously as advertising and shall disclose that it receives a commission for referred bookings. The commercial nature must be apparent before the link is activated (cf. Annex I no. 11 of Directive 2005/29/EC). The law of the market in which the advertising takes place applies in each case.
(3) Where the affiliate approaches businesses directly, for example by email, direct message on social networks or messaging services, telephone or text message, it shall comply with the rules on advertising and data protection applicable in the respective market, in Germany in particular Section 7 of the German Act against Unfair Competition (Gesetz gegen den unlauteren Wettbewerb, UWG) and the General Data Protection Regulation. It shall send advertising by electronic message only where this is permitted under those rules, in particular where any required prior consent of the recipient has been obtained.
(4) Prohibited in particular are messages sent in bulk or automatically, the use of bots, the use of contact lists of unclear origin, and messages that deceive as to the identity of the sender, the advertising purpose or the commission. The affiliate shall comply with the terms of use of the platforms it uses.
(5) If a business approached declines further contact or objects to it, the affiliate shall refrain from any further approach to that business to promote McGesund. The affiliate presents itself as an independent sales partner and shall not pose as an employee of McGesund.
(6) Where the affiliate relies on consent, it shall document that consent and provide proof of it to McGesund on request.
(7) The affiliate is responsible for taxing its own income.
Section 8 Liability
(1) McGesund does not owe any particular number of referrals, any minimum remuneration, uninterrupted availability of the platform, or the continued existence of the programme.
(2) McGesund does not owe any particular accuracy or completeness of the technical attribution. Attribution via the referral link requires the cookie under clause 3.4 to be set and retained until registration. Circumstances outside McGesund’s control — in particular the deletion or blocking of cookies, ad and script blockers, changes of device or browser, and device settings — do not give rise to a claim to commission and do not give rise to liability. Manual entry of the code under clause 3.6 remains unaffected.
(3) McGesund is liable without limitation for intent, for injury to life, body or health, and for gross negligence on the part of its legal representatives and executive staff.
(4) In cases of gross negligence by ordinary vicarious agents and in cases of simple negligence, McGesund is liable only for breach of a material contractual obligation — an obligation whose fulfilment makes the proper performance of this contract possible in the first place and on whose observance the affiliate may regularly rely. In such cases liability is limited to the damage typical of the contract and foreseeable, but at most to the total commissions paid out to the affiliate in the six months preceding the damaging event.
(5) Liability for lost profit, lost commissions, indirect damage and consequential damage is excluded in the cases under paragraph 4.
(6) Claims of the affiliate based on simple negligence become time-barred twelve months after knowledge thereof; the statutory limitation periods for the cases under paragraph 3 remain unaffected.
(7) Liability under the German Product Liability Act and in cases of fraudulent concealment or the assumption of a guarantee remains unaffected.
(8) The affiliate shall indemnify McGesund against third-party claims based on a culpable breach by the affiliate of clauses 3.3, 6 or 7.1 to 7.6. The indemnity covers the reasonable costs of legal defence, in particular the costs of warning letters (Abmahnungen), lawyers’ fees and court costs. McGesund shall inform the affiliate without undue delay of any claims asserted, give it the opportunity to comment, and shall not acknowledge any claims without its consent, unless this would be unreasonable.
Section 9 Data Protection
The processing of personal data within the programme is governed by McGesund’s privacy policy.
Section 10 Term and Termination
Participation may be terminated by either party at any time with immediate effect. Commission claims that have already arisen and been confirmed remain unaffected.
Section 11 Amendments to These Terms
(1) McGesund may amend these terms in text form giving at least fifteen days’ notice before they take effect. The notice shall identify the amended passages.
(2) If the affiliate objects to the amendment before it takes effect, participation ends when the amendment becomes effective. Commission claims that have already arisen and been confirmed remain unaffected.
(3) For referrals made before an amendment takes effect, the terms applicable at the time of the referral continue to apply.
Section 12 Confidentiality
(1) The parties shall treat the other party’s confidential information as confidential and use it solely for the performance of this contract. Confidential information includes in particular commission rates and models, settlement data, information on referred businesses, and documents marked as confidential.
(2) Excluded is information that is publicly known, was developed independently, or was lawfully obtained from third parties, as well as disclosures required by law or official order.
(3) The obligation applies for the duration of participation and for three years thereafter.
Section 13 Assignment and Set-Off
(1) The affiliate may assign claims under this contract to third parties only with McGesund’s prior consent. Consent shall not be withheld without good reason. Section 354a of the German Commercial Code remains unaffected.
(2) The affiliate may set off only against undisputed claims or claims established by final judgment. A right of retention is available to the affiliate only in respect of claims arising from this contractual relationship.
Section 14 Final Provisions
German law applies, excluding the UN Convention on Contracts for the International Sale of Goods. If the affiliate is a merchant, a legal person under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from this contract is McGesund’s registered office. McGesund is also entitled to sue the affiliate at the affiliate’s general place of jurisdiction. Should individual provisions be invalid, the validity of the remaining provisions shall remain unaffected.
Section 15 Language and Binding Version
(1) These contractual terms are drawn up in German and, where applicable, made available in further languages for information purposes.
(2) The German version alone shall be authoritative for the content and interpretation of these terms. In the event of discrepancies between the German version and a version in another language, the German version shall prevail.
(3) The German version is available at https://mcgesund.eu/de-DE/rechtliches/affiliate-bedingungen.
Version 1.2 · effective from 15.09.2026