1.1 The affiliate program (henceforth the "Program") promoted on the website www.maxtainment.com is a service provided by the company "Maxtainment", owned by Markus Fruehwirt. Any use of "we", "us", or "our" within these Terms and Conditions always refers to "Maxtainment". These Terms and Conditions are valid for all contractual agreements and participation with the Program; likewise, they are valid for all future contractual agreements, even if they are not agreed upon separately again. By registering for the Program, you accept these Terms and Conditions.

1.2 Any other Terms and Conditions not explicitly accepted by Maxtainment in written form are without obligation.

2. Conclusion of contract

2.1 The contract between Maxtainment and the affiliate is only valid after the successful registration of the affiliate and a subsequent acceptance by Maxtainment.

2.2 Minors are strictly excluded from the Program.

3. Definitions

In these Terms and Conditions, as well as in all contracts between the affiliate and Maxtainment, the following terms apply:

3.1 Account: The account enables the affiliate to legitimately use the Program after a complete and correct registration on our website.

3.2 Hyperlink: A hyperlink is a referrer to our website provided by Maxtainment to be used by the affiliate. The affiliate is required to use the referrer in its original form without modification.

3.3 Valid click: A click is considered a "valid click" when a user voluntarily follows the hyperlink on the affiliate's website to reach the Program on our website. Repeated clicks of the same user (or multiple clicks within a short period of time), even on different hyperlinks to the Program, are invalid.

3.4 Valid sale: A sale is a "valid sale" when a user reaches the Program's website by clicking on a hyperlink on the affiliate's website and subsequently purchasing goods and/or services voluntarily, followed by full payment and shipment. Valid sales are determined in the same way as valid clicks.

3.5 Pay-per-sale: By implementing a hyperlink on the affiliate's website, the affiliate forwards visitors to our website, thereby advertising our goods and/or our services. This entitles the affiliate to claim a refund on valid sales, calculated by percentage.

3.6 User: Every person who uses the affiliate's website, as well as Maxtainment, must do so voluntarily (without compulsion or willful deceit). Users are not eligible for refunds, neither from the affiliate nor from Maxtainment, unless they are part of the affiliate program themselves.

3.7 Affiliate's website: The affiliate's website is the registered domain or subdomain specified in the affiliate's account.

3.8 Maxtainment.com: Maxtainment.com is the website used by Maxtainment to promote and/or distribute goods and/or services; it is the site to which the affiliate becomes linked.

4. Registration

4.1 Every participant in our affiliate program has to register by opening an affiliate account at Maxtainment. Required data includes the affiliate's name, gender, date of birth, mailing address, website and e-mail address . False statements entitle Maxtainment to exclude the affiliate from the Program without further notice.

4.2. By registering, the affiliate accepts these Terms and Conditions.

4.3. The affiliate is responsible for providing complete and accurate personal information. The affiliate is also responsible to keep registration details and any other information in his account up-to-date. The affiliate is not entitled to use different personal data when registering multiple accounts.

4.4 Maxtainment reserves the right to reject registrations if we determine that the content of the affiliate's website is not suitable for Maxtainment. Websites that overtly glorify violence and/or racism, or otherwise do not comply with Austrian Law, will be rejected immediately.

5. Records and refunds

5.1. Maxtainment enables the affiliate to use the pay-per-sale program only. The affiliate's claim for refunds depeds on valid sales generated by his account, according to the Terms and Conditions.

5.2 Maxtainment logs and records all clicks.

5.3 The affiliate accepts responsibility for the correct management of referrers.

5.4 The affiliate will be granted a refund of 10 % for all valid sales. In order to generate a valid sale, the user has to click the link to Maxtainment on the affiliate's website and immediately purchase products and/or services.

5.5 Sales that have not been generated by clicking a hyperlink on our site are not valid. Clicks generated by means of technical devices (e.g. click-generators) or by deceit or coercion will not be refunded. Refunds are calculated by percentage of the net value of goods or services purchased [thereby excluding any additional benefits, VAT (value added tax) or discounts].

5.6 All valid sales will be credited to the affiliate's account immediately. Any credit on the affiliate's account does not necessarily mean that all conditions of the affiliate program have been fulfilled or that the recorded sale has been a valid sale.

5.7 In the event Maxtainment issues a refund to a customer, the corresponding credit will be deducted from the affiliate's account. If we refund a customer's purchase after the affiliate's credit has already been paid out, we are entitled to deduct the corresponding sum from the affiliate's account during the next base period.

6. Payment

6.1 All refunds from the previous month will be paid out automatically (via bank transfer or Paypal) on the 15th of every month.

6.2 If no VAT registration number has been provided, the affiliate thereby declares explicitly that he is not liable for sales taxes. The affiliate is obliged to promptly inform Maxtainment about any changes of tax liabilities by providing required documents. If there are no such documents available by our payout date, taxes will be retained. A later payout is not possible due to technical and organizational reasons.

6.3 If the sum of all credited refunds does not exceed EUR 25,00, we will pay the affiliate the combined total the following month. No interest will be calculated on the credited refunds. If the affiliate wishes to terminate the contract, any credited refunds less than EUR 25,00 will be subject to expiration. Refunds of EUR 25,00 or more will be paid the following month. If Maxtainment wishes to terminate the contract, any credited refunds - regardless of their cumulative amount - will be paid.

6.4 Maxtainment reserves the right to refuse payment for any ongoing or earlier period in the event of suspected fraudulent transactions.

6.5 Maxtainment is not obliged to issue additional refunds for any promotional activities conducted by the affiliate.

7. Duties of the affiliate towards Maxtainment

7.1 The affiliate is responsible, to the best of his technical capabilities, to ensure that only valid sales are generated on our website.

7.2 Maxtainment supplies all the necessary hyperlinks, including the URLs of the corresponding pages, to enable the affiliate to use the affiliate program. The affiliate must not change the supplied HTML-codes or banners. All supplied promotional items are only to be used on the affiliate's website. Their usage is strictly limited to the affiliate's participation with our affiliate program and they must not be passed on to third parties.

7.3 The usage of names, patented or legally protected trademarks of companies, or logos of Maxtainment or any third party is only allowed with the permission of the copyright-proprietor. The affiliate commits himself to compliance with all applicable copyright and privacy laws.

7.4 Sending unsolicited e-mail advertisements to customers, using deceptive hyperlinks and/or wrong ("faked") e-mail adresses, names or any other information is forbidden.

7.5 The affiliate ensures to keep his website compliant to all regulations regarding consumer protection. Overt depictions of violence and discriminating statements and/or depictions regarding race, gender, religion, nationality, disability, sexual preference etc. on the affiliate's website will make him ineligible for participation with our affiliate program. The affiliate's website must not damage our reputation or the value of any of our products, services, brand or business in general.

7.6 The affiliate may use hyperlinks to our website at his own discretion. We are, however, entitled to demand a change on the affiliate's website if its current state is damaging to our business, reputation or to the value of any of our products, services or brand.

7.7 The affiliate is not entitled to represent Maxtainment in any way; he may not release any information about Maxtainment that suggests power of representation.

7.8 The affiliate is obliged to exempt Maxtainment from any third-party obligations regarding claims and costs emerging from installing, using or maintaining the affiliate's website and/or its contents.

8. Contract penalty

8.1 Intentional attempts to alter statistics and, thereby, granted refunds, will receive a contract penalty of EUR 2.500,00 (excluding VAT). The same penalty will be issued if an affiliate previously banned from the Program tries to become a member again or gains access to the affiliate program by using false information.

9. Cancellation of contract

9.1 The contract can be cancelled at any time, subject to a cancellation term of three weekdays.

9.2 Maxtainment is entitled to cancel all contracts of the affiliate program (subject to a term of one day) and to deactivate the account of an affiliate if the affiliate fails to qualify for refunds - as stipulated in part 6 of these Terms and Conditions - within a period of 6 months.

9.3 The right for cancellation due to extraordinary circumstances is reserved for Maxtainment. Under such circumstances, Maxtainment is entitled to cancel all contracts within the affiliate program without a time limit and to deactivate an affiliate's account if the affiliate infringes on these Terms and Conditions, especially part 7.

9.4 Cancellation of the contract must be completed in writing. Maxtainment is entitled to cancel a contract in any other form. Notifications about deactivating an account can be informal.

9.5 During the deactivation of an account, we will validate eventual refunds. With respect to the conditions stated in part 6.3, any credit below EUR 25,00 will expire. Maxtainment reserves the right to hold a refund for up to 3 months after the last base period to ensure that the correct amount is paid.

9.6 The affiliate is obliged to remove all hyperlinks from his website to our Program once the contract has been cancelled. With the cancellation in effect, no refunds will be credited and further not paid, even if the affiliate fails to remove the hyperlinks from his website.

9.7 An affiliate whose account has been deactivated due to conditions stated in part 9.3 is not entitled to register again at Maxtainment.com. Offenses against this regulation entitle Maxtainment to sue for damages. Any gained refunds expire.

9.8 Compensation claims will not be accepted.

10. Technical problems

10.1 Maxtainment assures the availability of its services at 95 % of the time.

10.2 Maxtainment does not take responsibility for any problems with our servers or the internet arising from attacks by third parties (hacker, viruses etc.).

11. Limitation of liability

11.1 Compensation payments will not be awarded, except in the instance of negligent conduct or the violation of a contractual obligation on the part of Maxtainment. The same applies to any losses or damages sustained by the affiliate subsequent to the cancellation of a contract. Liabilities are limited to losses or damages foreseen at conclusion of contract.

12. Privacy policy

12.1 Any information about the affiliate is stored for the sole purpose of enabling us to fulfill the contract and to ensure communication between us and the affiliate. Your data will not be given to any third parties.

13. Amendment of terms

13.1 If Maxtainment wishes to change these Terms and Conditions, we will notify the affiliate. Objections must be filed in writing and submitted to Maxtainment within one week of the reception of our notification. If an objection is not submitted, the new Terms and Conditions become effective within 2 weeks of the receipt of our notification, at the beginning of a new calendar week.

13.2 All refunds in this affiliate program are subject to change. Maxtainment is entitled to change the amount of refunds at our discretion. The affiliate will be notified of any such changes on his account on Maxtainment's website. The changes will be effective at midnight the day after the notification is published (e.g. notifications published on Monday become effective at 0:00 o'clock Wednesday).

14. Jurisdiction, applicable law and severability clause

14.1 This agreement is exclusively effective under Austrian law. Maxtainment and the affiliate agree upon Austrian domestic jurisdiction.

14.2 This agreement explicitly excludes the applicability of the "United Nations Convention on Contracts for the International Sale of Goods".

14.3 Invalidation of any of the above terms, either currently or in the future, does not violate the validity of any of the other terms. The invalid term must be replaced by a new term agreed upon by all concerned parties.