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Affiliate Program Terms and Conditions

of kurt creative S.L.

Version: 9 September 2026

§ 1 Provider and Scope

(1) The provider of the Affiliate Program and contractual party is:

kurt creative S.L.
Calle Princesa 31
Planta 2, Puerta 2
28008 Madrid
Spain

Represented by its Sole Administrator (Administrador único): Kurt Woischytzky
NIF: B25876384
VAT identification number: ESB25876384
Website: www.kurtcreative.com
Email: office@kurtcreative.com

(2) These Affiliate Program Terms and Conditions govern the contractual relationship between the Provider and participants in the Affiliate Program – hereinafter referred to as the “Affiliate”.

(3) The Affiliate Program is intended exclusively for businesses, self-employed professionals and other persons or organisations acting in the course of their trade, business or professional activity. Consumers are excluded from participation.

(4) Natural persons who use the Affiliate Program exclusively in preparation for a specifically planned self-employed or entrepreneurial activity may also be admitted.

(5) Any deviating or conflicting terms and conditions of the Affiliate shall apply only where the Provider has expressly agreed to their application.

(6) These Terms and Conditions shall be made available to the Affiliate before conclusion of the contract in a form that allows them to be stored and reproduced. As a rule, the version accepted at the time the contract is concluded shall apply.

§ 2 Application and Conclusion of Contract

(1) Participation in the Affiliate Program requires registration or application through the online procedure provided for this purpose on www.kurtcreative.com or through another registration process designated by the Provider.

(2) The Affiliate shall provide all information requested during registration completely and accurately and shall promptly update any changes during the contractual relationship.

(3) By submitting the application, the Affiliate makes a binding offer to participate in the Affiliate Program subject to these Terms and Conditions.

(4) The contract is concluded only when the Provider expressly accepts the application, activates the Affiliate within the affiliate system or otherwise clearly enables participation.

(5) There is no entitlement to admission to the Affiliate Program. The Provider may reject an application in particular for capacity, compliance, security, quality or brand-positioning reasons.

§ 3 Subject Matter of the Affiliate Program and Status of the Affiliate

(1) The Affiliate Program enables the Affiliate to promote products and services approved by the Provider using affiliate links, affiliate codes, advertising materials or other expressly permitted referral mechanisms.

(2) For transactions successfully attributed to the Affiliate and eligible for commission under these Terms and Conditions, the Affiliate shall receive a performance-based commission.

(3) Participation in the Affiliate Program is generally free of charge for the Affiliate.

(4) The Affiliate generally decides independently whether, when, how frequently and through which approved channels it conducts affiliate advertising. There are no minimum sales, minimum publication requirements or other minimum activity requirements unless expressly and individually agreed for a specific campaign.

(5) The Affiliate acts as an independent business or professional. Participation in the Affiliate Program does not create an employment relationship, partnership, franchise relationship or authority to represent the Provider.

(6) In particular, the Affiliate is not authorised to:

  • enter into or legally negotiate contracts on behalf of the Provider,
  • determine or modify the Provider’s prices or contractual terms,
  • receive payments on behalf of the Provider,
  • make legally binding commitments, guarantees or declarations on behalf of the Provider, or
  • represent itself to third parties as an employee, representative or authorised agent of the Provider.

(7) The parties intend the Affiliate Program to constitute an independent advertising and referral cooperation. If, based on the actual manner in which the relationship is carried out, the contractual relationship is nevertheless mandatorily classified as a commercial agency relationship or another legally regulated intermediary relationship, the corresponding mandatory statutory provisions shall remain unaffected.

(8) Unless expressly agreed otherwise, the relationship is non-exclusive. The Affiliate shall bear its own costs and expenses.

§ 4 Affiliate Account and Technical System

(1) An Affiliate account shall be created for the Affiliate through which it may in particular access affiliate links, additional advertising materials where available, statistics and commission information.

(2) For technical affiliate administration and commission calculation, the Provider currently uses a self-hosted installation of SliceWP.

(3) The Provider may replace SliceWP in the future with a technically comparable affiliate system, provided that commissions already accrued are not adversely affected and the material operating principles of the Affiliate Program are not changed to the detriment of the Affiliate without objective reason.

(4) Affiliate account credentials must be treated confidentially and reasonably protected against unauthorised access.

(5) The Affiliate shall promptly notify the Provider if it becomes aware of unauthorised use of its account.

§ 5 Permitted Advertising Channels

(1) Affiliate advertising may in particular be carried out through channels approved within the Affiliate Program or expressly authorised by the Provider. These may include:

  • websites and blogs,
  • social-media channels,
  • YouTube and other video channels,
  • podcasts,
  • newsletters and other lawful electronic communications, and
  • other editorial or digital media.

(2) The Affiliate shall comply with the laws applicable in the relevant target market as well as the rules of the platforms it uses.

(3) Paid search advertising, paid social-media advertising, cashback systems, voucher or coupon websites, browser extensions, toolbars, incentive traffic or comparable special advertising methods may be used only where expressly approved by the Provider.

(4) The Provider may require the Affiliate to identify the channels used for affiliate advertising where this is necessary for compliance, brand-protection or fraud-prevention purposes.

§ 6 Obligations of the Provider

(1) The Provider shall make available the affiliate links or other approved tracking and advertising materials required for participation.

(2) The Provider shall operate the affiliate system within reasonable technical capabilities and shall use reasonable efforts to ensure reliable recording and attribution of transactions eligible for commission.

(3) Completely uninterrupted or error-free technical availability is not guaranteed.

(4) The Provider shall make information regarding applicable commission rates and material campaign conditions available through the Affiliate account or by other suitable means.

(5) The Provider may update, replace or withdraw advertising materials, in particular where necessary due to product changes, legal requirements, brand guidelines or other objective reasons.

(6) The Provider shall pay confirmed commissions in accordance with §§ 11 to 13.

§ 7 General Obligations of the Affiliate

(1) The Affiliate promotes the Provider’s services on its own responsibility and in compliance with applicable law.

(2) The Affiliate must not make false, misleading or insufficiently substantiated statements regarding the Provider or its products and services.

(3) In particular, the Affiliate must not present statements regarding prices, discounts, availability, scope of services, guarantees, results or product characteristics as facts unless such statements have been confirmed by the Provider.

(4) The Affiliate must not create the impression that its website, account, channel or other offering is operated by the Provider itself or constitutes an official presence of the Provider.

(5) Affiliate advertising must be clearly identifiable as commercial communication or advertising in accordance with applicable legal and platform requirements. Where required, the affiliate relationship and the possibility that the Affiliate may receive compensation if a purchase is made must also be transparently disclosed.

(6) The Affiliate is responsible for ensuring that its own websites, profiles, newsletters and other media contain all legally required provider information, privacy information and other mandatory disclosures.

(7) The Affiliate shall remove or update outdated or withdrawn advertising materials within a reasonable period after being notified by the Provider.

§ 8 Electronic Advertising and Direct Marketing

(1) Advertising by email, direct message or other electronic means of communication may only be carried out where permitted under the law applicable to the recipient.

(2) Where consent is required, the Affiliate must hold valid and demonstrable consent covering the relevant form of advertising.

(3) In electronic advertising communications, the Affiliate must clearly identify the commercial nature of the message and the identity of the sender and provide any legally required simple method for opting out or objecting to further communications.

(4) Unsolicited bulk advertising, spam and use of unlawfully obtained contact lists are prohibited.

§ 9 Prohibited Advertising and Referral Methods

(1) Any manipulation of the affiliate system or artificial generation of clicks, leads, transactions or commissions is prohibited.

(2) In particular, the following are prohibited:

  • fake, manipulated or non-existent orders,
  • orders placed using false data or third-party data without authorisation,
  • purchases made by the Affiliate itself for the purpose of obtaining a commission, unless self-referrals have been expressly permitted,
  • artificial transactions carried out through persons or companies controlled by the Affiliate where their sole or predominant purpose is to generate a commission,
  • cookie stuffing, cookie spamming or cookie dropping without a conscious user interaction,
  • forced clicks, automatic redirects or technically forced affiliate clicks,
  • invisible links, iFrames or comparable technical manipulation,
  • post-view tracking unless expressly approved,
  • bots, automated click systems or artificial traffic,
  • adware, malware or other software designed to manipulate affiliate attribution,
  • manipulation or circumvention of a user’s cookie or tracking consent,
  • unauthorised vouchers, discount codes or purported special offers,
  • unapproved incentive, cashback or reward traffic, and
  • sub-affiliate systems without prior approval from the Provider.

(3) Without prior express approval, the Affiliate is also prohibited from bidding on trademarks, company names, product names or confusingly similar terms belonging to the Provider in paid search-engine or platform advertising.

(4) The Affiliate may not use domains, subdomains, social-media names, advertisements or other online presences that create the impression of an official Provider presence or give rise to a relevant likelihood of confusion.

(5) Electronic attacks, unauthorised automated data extraction, circumvention of technical safeguards and other interference with the Provider’s website, affiliate system or infrastructure are prohibited.

§ 10 Tracking and Attribution

(1) A commission requires that a transaction can be attributed to an Affiliate in accordance with the technical and contractual attribution rules applicable to the Affiliate Program.

(2) Unless otherwise stated in the Affiliate account or for a specific campaign, the following currently applies as a general rule:

  • a tracking period of 30 days from the qualifying affiliate click, and
  • the “Last Affiliate” principle, under which the most recently validly attributed Affiliate is generally credited where several qualifying affiliate contacts have occurred.

(3) Where expressly approved affiliate coupons or other attribution mechanisms are used, the attribution rule provided for such mechanism within the affiliate system may take precedence over link-based attribution.

(4) Tracking technologies shall only be used to the extent permitted by law. Where consent is legally required for setting or reading an affiliate cookie, technical cookie-based attribution shall only take place where the required consent has been obtained.

(5) Where a user refuses required tracking consent or browser settings, content blockers, technical protection mechanisms or other circumstances outside the Provider’s control prevent attribution, there is generally no entitlement to automatic affiliate attribution.

(6) However, the Provider shall not reject an otherwise demonstrable commission claim solely because a technical defect attributable to the Provider’s affiliate system prevented automatic recording, where attribution can be clearly established from objectively available data with reasonable effort.

(7) Tracking and transaction data stored in the affiliate system generally form the basis of the commission statement, but may be reviewed and corrected where there are concrete indications of a technical error or incorrect attribution.

(8) Changes to the tracking period or attribution method shall generally apply only to future affiliate contacts and shall be communicated to the Affiliate in an appropriate manner before taking effect.

§ 11 Transactions Eligible for Commission

(1) The Affiliate shall receive a commission for transactions that:

  • are attributed to a permitted affiliate contact of the Affiliate,
  • relate to a product or service covered by the Affiliate Program,
  • have been validly concluded and fully paid by the end customer, and
  • have not arisen from an excluded or abusive method under these Terms and Conditions.

(2) Unless otherwise stated for a campaign, the standard commission is 10% of the commissionable net sale price.

(3) The commission basis is generally the net amount actually owed by the end customer after deduction of discounts and credits and excluding VAT or comparable taxes.

(4) Different commission rates, fixed commission amounts or special calculation methods may be specified for particular products, Affiliates or campaigns in the Affiliate account or relevant campaign description.

(5) The commission rate shown for the relevant campaign at the time of the transaction shall generally apply.

(6) Subsequent or recurring subscription payments are eligible for commission only where this is expressly provided for in the relevant campaign.

(7) Individually negotiated projects, offline contracts or other transactions outside the sales process tracked by the Affiliate Program shall be eligible for commission only where expressly agreed.

§ 12 Review, Cancellations and Chargebacks

(1) Newly recorded commissions may initially be shown as pending while the Provider verifies whether the conditions for a final commission claim have been met.

(2) Unless a different period is stated for the relevant campaign, a review period of 30 calendar days from full receipt of payment from the end customer generally applies.

(3) A transaction shall in particular not be or no longer remain eligible for commission to the extent that:

  • it is validly cancelled or reversed,
  • the purchase price is refunded in whole or in part,
  • a payment is charged back or successfully disputed,
  • the payment fails,
  • the transaction was fraudulent or abusive, or
  • the requirements of the Affiliate Program are permanently not fulfilled for another reason not attributable to the Provider.

(4) In the event of a partial refund, the commission may be reduced proportionately.

(5) Where a commission already paid subsequently ceases to be owed due to a justified reversal, it may be offset against future commission claims or, to the extent permitted by law, reclaimed.

(6) Where mandatory rules governing commercial agents or other intermediary relationships apply to the contractual relationship, their mandatory provisions regarding accrual, due date, loss and payment of commission shall remain unaffected.

§ 13 Statements, Payments and Taxes

(1) The Provider shall regularly make available to the Affiliate an overview of recorded and confirmed commissions through the Affiliate account or by other suitable means.

(2) The Affiliate should review the statement promptly and report identifiable errors within 30 days after it is made available. Obvious calculation or system errors and mandatory statutory rights may also be corrected thereafter.

(3) Confirmed commission claims shall generally be paid within 30 days after receipt of a proper invoice from the Affiliate where such an invoice is required.

(4) The regular minimum payout amount is EUR 25. Where the confirmed balance is below this amount, it may be carried forward to the next accounting period. Irrespective of this, payment shall be made no later than within the next legally required quarterly settlement or upon termination of the contract, provided that any required proper invoice has been submitted and mandatory law does not require otherwise.

(5) Payment shall generally be made by bank transfer to the bank account provided by the Affiliate. Fees incurred solely because of a special or non-European payment method selected by the Affiliate may be charged to the Affiliate where this has been transparently disclosed in advance.

(6) All commission amounts are stated as net amounts. Whether Spanish VAT (IVA), another form of VAT or a reverse-charge mechanism or other tax treatment applies shall be determined in accordance with the applicable tax rules.

(7) The Affiliate is responsible for its own tax registration, issuing any required invoices correctly and declaring and paying taxes on its income.

(8) Mandatory statutory payment periods remain unaffected.

§ 14 Advertising Materials, Trademarks and Usage Rights

(1) Advertising materials, trademarks, logos, texts, graphics, photographs, videos and other content of the Provider remain owned by or subject to the rights of their respective rights holders.

(2) For the duration of the Affiliate contract, the Affiliate receives a non-exclusive, non-transferable and revocable right to use the advertising materials expressly approved by the Provider solely for the contractual promotion of the Affiliate Program.

(3) Material modifications to the content or design of advertising materials require prior approval from the Provider.

(4) Purely technical resizing or format changes are permitted provided that the content, design and brand impression are not distorted.

(5) Use of company names, trademarks, product names or logos outside expressly approved affiliate advertising requires separate permission.

(6) Upon termination of the Affiliate contract, the granted right of use ends. The relevant advertising materials must subsequently be removed within a reasonable period.

§ 15 Data Protection and Cookies

(1) Each party is generally independently responsible under applicable data-protection law for personal data it processes for its own purposes and by its own means.

(2) The Provider processes in particular data required for registration, operation of the Affiliate account, performance of the contract, fraud prevention, tracking, commission calculation and payments in accordance with its Privacy Policy.

(3) The Affiliate is responsible for the lawfulness of its own processing of personal data in connection with affiliate advertising, in particular in relation to websites, social media, newsletters, tracking tools and contact lists.

(4) The Affiliate may not deploy tracking technologies on behalf of the Provider or transmit user data to the Provider where there is no sufficient legal basis for doing so.

(5) Where one party exceptionally processes personal data solely on behalf of the other party or another form of legally regulated joint processing arises, any required additional data-protection agreements shall be concluded separately.

(6) Further information regarding affiliate tracking and cookies used by the Provider is available in the Provider’s Privacy Policy and cookie information on www.kurtcreative.com.

§ 16 Confidentiality

(1) Both parties shall keep confidential any non-public commercial, technical and financial information obtained in connection with the Affiliate relationship that must reasonably be regarded as confidential under the circumstances.

(2) This may include in particular non-public commission models, campaign planning, internal statistics, technical information, credentials, planned products and other trade secrets.

(3) Information shall not be confidential where it is lawfully public, becomes public without breach of duty, was already lawfully known to the receiving party, was lawfully disclosed by a third party or was independently developed.

(4) The confidentiality obligation shall continue for five years after termination. Trade secrets shall remain protected beyond that period for as long as the statutory requirements for such protection are met.

§ 17 Suspension and Termination

(1) The Affiliate contract is generally concluded for an indefinite period.

(2) Either party may terminate the contract in text form upon 30 calendar days’ notice, unless longer mandatory statutory notice periods apply.

(3) The right to terminate for cause remains unaffected.

(4) Cause may in particular exist in the event of:

  • affiliate fraud or deliberate manipulation of tracking,
  • material or repeated unlawful advertising,
  • serious infringement of trademark, copyright, data-protection or personality rights,
  • deliberate deception regarding transactions or Affiliate information,
  • security-threatening attacks on the Provider’s systems, or
  • another material contractual breach that is not remedied despite reasonable notice.

(5) Where necessary and proportionate to investigate a reasonable suspicion of abuse, fraud, security threats or serious legal violations, the Provider may temporarily suspend the Affiliate account or commission payments.

(6) The Affiliate shall be informed of the reason for the suspension unless legal, security or investigatory reasons prevent such disclosure.

(7) If the suspicion is not confirmed or the reason for suspension is removed, the temporary suspension shall be lifted and legitimate commissions shall be properly accounted for.

(8) After termination, no new affiliate marketing activities may be conducted using the Affiliate identifier.

(9) Transactions concluded after termination but clearly resulting from a qualifying affiliate contact made during the contractual period and still falling within the original attribution period shall generally remain eligible for commission, provided termination did not result from abuse related to the transaction and no mandatory statutory provision requires otherwise.

(10) Mandatory statutory notice periods, commission rights or compensation claims, in particular where mandatory commercial agency law applies in an individual case, remain unaffected.

§ 18 Liability and Indemnification

(1) The Provider’s liability is unlimited in cases of wilful misconduct, gross negligence, culpable injury to life, body or health and in all other cases where liability may not legally be excluded or limited.

(2) In cases of ordinary negligence, the Provider shall be liable only for direct losses that were reasonably foreseeable at the time of contracting and resulted from breach of a material contractual obligation.

(3) To the extent permitted by law, the Provider’s liability for ordinary negligence shall be limited to the commissions paid or payable to the Affiliate during the twelve months preceding the event giving rise to liability. Where the contractual relationship has existed for less than twelve months, the corresponding shorter period shall apply.

(4) To the extent permitted by law and except in the cases referred to in paragraph (1), the Provider shall not be liable for indirect or consequential losses, loss of profit, lost business opportunities or purely reputational losses.

(5) The Provider shall not be liable for disruptions or missing attribution caused exclusively by a user’s refusal of required consent, browser or device settings, third-party software, external platforms or other circumstances outside the Provider’s sphere of responsibility.

(6) To the extent permitted by law, the Affiliate shall indemnify the Provider against justified third-party claims and reasonable necessary legal defence costs where such claims arise from a culpable breach of these Terms and Conditions or from unlawful advertising, data-protection, trademark, copyright or other legal violations attributable to the Affiliate.

(7) Where possible, the Provider shall inform the Affiliate of such claims without undue delay and allow reasonable participation in the defence.

§ 19 Changes to the Affiliate Program and These Terms

(1) The Provider may modify or discontinue individual campaigns, products, advertising materials and commission models for future affiliate contacts for objective reasons.

(2) Material changes to commission rates, tracking periods or attribution rules shall generally be announced before taking effect and shall apply only to future affiliate contacts or transactions unless mandatory law requires otherwise.

(3) Commission claims that have already finally accrued and been confirmed shall not be retrospectively reduced by subsequent changes.

(4) Amendments to these Terms and Conditions shall apply directly to future contracts. For existing Affiliate contracts, material contractual amendments shall be communicated to the Affiliate in text form and, where legally required for effectiveness, submitted for renewed acceptance.

(5) If the Affiliate rejects a material amendment, either party may terminate the existing contract in accordance with the applicable termination provisions.

§ 20 Governing Law, Disputes and Jurisdiction

(1) The contractual relationship shall be governed by Spanish law to the extent such choice of law is legally permissible.

(2) No mandatory contractual mediation or mandatory arbitration is agreed.

(3) Where mandatory Spanish procedural law requires prior out-of-court negotiations or another appropriate means of dispute resolution (MASC) as a condition for bringing court proceedings, the parties shall carry out such procedure only to the extent required by law.

(4) For cross-border B2B contractual relationships, the courts of Madrid, Spain, shall have exclusive jurisdiction to the extent such a jurisdiction agreement may validly be made.

(5) Where a pre-formulated jurisdiction clause is ineffective under mandatory law, the statutory jurisdiction rules shall apply.

(6) Mandatory statutory jurisdiction and the right to seek interim or protective judicial relief remain unaffected.

§ 21 Final Provisions

(1) If individual provisions of these Terms and Conditions are invalid, unenforceable or not effectively incorporated, the remaining provisions shall generally remain effective to the extent the contract can reasonably continue without the affected provision.

(2) An ineffective provision shall not automatically be replaced by a substitute provision unilaterally determined by the Provider. Where necessary, the applicable statutory provisions shall apply.

(3) Contractually relevant declarations may generally be made in text form, in particular by email or through the Affiliate account, unless mandatory law requires a stricter form.