These Affiliate Partner Terms ("Terms") govern the relationship between mrocon GmbH (hereinafter "mrocon", "we", "us", or "our") and the natural or legal person applying to or participating in the mrocon Affiliate Program (hereinafter "Affiliate", "Partner", or "you"). These Terms supplement, and do not replace, the general Terms and Conditions of mrocon (mrocon.at/agb.html) and our Privacy Policy (mrocon.at/en/privacy.html).
? 1 Scope
(1) These Terms apply to all contracts between mrocon and the Affiliate concerning participation in the mrocon Affiliate Program ("Program"), under which the Affiliate promotes mrocon products and receives a commission for sales referred through approved tracking mechanisms.
(2) The Program covers the following mrocon products: Talk to me, Niche Revealer, mrocon Cortex, TrackID Builder, and Video Release Mixer (collectively the "Products"). mrocon may add or remove Products from the Program at its sole discretion with reasonable advance notice to active Affiliates.
(3) These Terms apply exclusively. Conflicting or differing terms of the Affiliate are not recognized unless expressly accepted by mrocon in writing.
? 2 Application and Acceptance
(1) Affiliate participation requires (a) submission of a complete application via mrocon.at/affiliate and (b) written approval by mrocon. Approval is at mrocon's sole discretion and may be granted, refused, or revoked without obligation to state reasons.
(2) The contract between the parties is formed upon dispatch of mrocon's approval e-mail containing the Affiliate's login link and unique tracking identifier ("Affiliate ID").
(3) The Affiliate warrants that all information provided in the application is true, complete, and current, and undertakes to inform mrocon without undue delay of any material change (in particular: change of contact details, business form, audience composition, or promotion channels).
(4) Only persons of legal age (18 years or older) and capable of entering into binding contracts in their jurisdiction of residence may participate. Where the Affiliate is a legal entity, the natural person submitting the application warrants authority to bind that entity.
? 3 Commission and Payment Terms
(1) Commission rate. mrocon pays the Affiliate a commission of 30 % (thirty percent) of the net sales price of each qualifying sale referred by the Affiliate, identical across all Products. Net sales price means the amount actually received by mrocon from the customer, excluding statutory VAT, refunds, chargebacks, and third-party payment-processing fees.
(2) Cookie window / attribution. A sale qualifies if it is attributed to the Affiliate through (a) mrocon's first-party tracking infrastructure within 60 (sixty) days of the click that introduced the customer to a Product, or (b) the customer's use of a personalised coupon code issued to the Affiliate by mrocon.
(3) Recurring subscriptions. Where a Product is sold on a recurring subscription basis, the Affiliate receives 30 % of each renewal payment with no time limit, for as long as the subscription remains active and this Affiliate Agreement has not been terminated under ? 9. There is no cap on the number of payments commissioned per customer.
(4) Payout schedule. Earned commissions are paid out monthly on the 20th of the following month for sales settled and non-refundable in the previous month. mrocon may defer individual payouts where commissions remain subject to chargeback risk or fraud review.
(5) Payout method and minimum threshold. Payouts are made via Wise, PayPal, SEPA bank transfer, or Stripe Connect, selected by the Affiliate during onboarding. The minimum payout threshold is EUR 50.00; balances below this threshold roll into the following month.
(6) VAT and tax compliance. Commission amounts are quoted net and exclusive of statutory VAT. Where the Affiliate is VAT-registered in the EU, the reverse-charge mechanism applies. The Affiliate is solely responsible for declaring and remitting all income, sales, and other taxes due in their jurisdiction. mrocon may require completed tax forms (e.g. EU VAT-ID confirmation, US W-9 / W-8BEN) before payout.
(7) Chargebacks and refunds. Commissions on sales that are subsequently refunded, charged back, or cancelled within the customer's statutory or contractual cancellation window are reversed and deducted from the next payout.
? 4 Affiliate's Promotion Obligations
(1) The Affiliate promotes the Products in good faith, accurately, and in a manner consistent with mrocon's brand and Product descriptions as published on the respective Product websites and the mrocon corporate website.
(2) The Affiliate is solely responsible for the content of all promotional material they create or publish and warrants that it does not infringe any third-party rights, defame any person, or breach applicable law.
(3) The Affiliate uses only the tracking links and coupon codes issued by mrocon. Any other identification of the Affiliate at the point of sale is invalid for commission purposes.
? 5 Prohibited Promotional Practices
The Affiliate undertakes not to engage in, and to ensure that any sub-contractor or co-promoter under their control does not engage in, any of the following:
- (a) bidding on mrocon trademarks, Product names, or close variants in paid search engines or social-ad platforms without prior written permission;
- (b) any form of "cookie stuffing", "click forcing", "iframe injection", or other artificial attribution-inflation technique;
- (c) publication of false, misleading, or unsubstantiated claims about the Products, including fake reviews, fabricated testimonials, or undisclosed AI-generated reviews;
- (d) unsolicited commercial communications ("spam") in any channel, including but not limited to e-mail, SMS, comment sections, and direct messages;
- (e) promotion of the Products through trademark-infringing or otherwise illegal channels;
- (f) targeting minors or audiences whose primary demographic is below 18 years of age;
- (g) self-referral, fraudulent transactions, or other manipulation of the Program for personal benefit.
A breach of this Section constitutes a material breach and entitles mrocon to immediate termination, commission clawback, and pursuit of damages.
? 6 Trademark and Brand Use License
(1) mrocon grants the Affiliate a limited, non-exclusive, non-transferable, revocable license to use mrocon's product names, logos, screenshots, and pre-approved marketing assets ("Brand Assets") solely for the purpose of promoting the Products under this Program.
(2) The Affiliate uses Brand Assets only in their original form and may not modify, distort, animate, or rebrand them, except as expressly permitted in the Affiliate portal asset library.
(3) The license terminates automatically on termination of the Program participation. The Affiliate undertakes to remove all Brand Assets and tracking links from their channels within thirty (30) days of termination.
? 7 Disclosure Obligations
(1) The Affiliate complies with all applicable advertising-disclosure rules, including the US FTC Endorsement Guides (16 CFR Part 255) and the EU Unfair Commercial Practices Directive (2005/29/EC) as transposed into national law in the Affiliate's jurisdiction.
(2) In every promotional placement that contains a tracking link or coupon code, the Affiliate clearly and conspicuously discloses the commercial nature of the relationship, using language such as "affiliate link", "paid partnership", "I earn a commission if you buy through this link", or an equivalent.
(3) Where the placement is a video or audio recording, the disclosure is presented at the beginning of the segment that references the Product and is also included in the written description.
? 8 Confidentiality and Data Protection
(1) The Affiliate treats as confidential, and does not disclose to third parties, any non-public information received from mrocon in connection with the Program, including unreleased Product roadmaps, internal pricing structures, performance data of other affiliates, and Program-internal documents.
(2) Each party processes personal data in accordance with the General Data Protection Regulation (GDPR), the Austrian Data Protection Act (DSG), and other applicable data-protection laws. Where the Affiliate processes personal data of end-customers on mrocon's behalf, a separate Data Processing Addendum (DPA) will be concluded; mrocon will provide a template on request.
(3) mrocon's processing of the Affiliate's personal data is described in the Privacy Policy at mrocon.at/en/privacy.html, in particular Section 2.5 (Affiliate Partner Data).
? 9 Term, Termination, and Clawbacks
(1) The Program participation begins on approval and continues for an indefinite term.
(2) Either party may terminate the participation with thirty (30) days' written notice for any reason. Termination is communicated by e-mail to the address on file.
(3) mrocon may terminate with immediate effect for cause, including but not limited to breach of these Terms, breach of applicable law, reputational risk to mrocon or the Products, prolonged inactivity (no qualifying sale for twelve (12) consecutive months), or insolvency of the Affiliate.
(4) On termination, mrocon will pay out all commissions earned and undisputed up to the termination date in the next regular payout cycle, subject to chargeback risk hold-back.
(5) Where commissions have been paid out on sales subsequently found to be fraudulent, manipulated, or otherwise non-qualifying under Section 5, mrocon may claw back the relevant amounts by deduction from future payouts or by direct invoice to the Affiliate.
? 10 Liability and Indemnification
(1) mrocon is liable only for damages caused by intent or gross negligence. Liability for slight negligence is excluded, except for damages from injury to life, body, or health, and except where mandatory consumer-protection law applies.
(2) mrocon's aggregate liability under this Program is capped at the total commissions paid to the Affiliate in the twelve (12) months preceding the event giving rise to the claim.
(3) The Affiliate indemnifies mrocon against all third-party claims arising from the Affiliate's promotional content, breach of these Terms, or breach of applicable law.
? 11 Applicable Law, Jurisdiction, and Final Provisions
(1) Applicable law. These Terms are governed exclusively by Austrian law, to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG) and the conflict-of-laws rules.
(2) Jurisdiction. The exclusive place of jurisdiction for all disputes arising from or in connection with these Terms is the court competent for 7000 Eisenstadt, Austria, to the extent permitted by law. Where the Affiliate is a consumer within the meaning of EU law, statutory consumer-jurisdiction provisions remain unaffected.
(3) Changes to the Terms. mrocon may amend these Terms with thirty (30) days' notice. Continued participation in the Program after the notice period constitutes acceptance of the amended Terms. If the Affiliate does not accept the changes, they may terminate participation under Section 9(2) before the changes take effect.
(4) Severability. Should any provision of these Terms be or become invalid, the validity of the remaining provisions remains unaffected. The invalid provision is replaced by a valid provision that comes as close as possible to the economic intent of the parties.
(5) Entire agreement. These Terms, together with the application form, the approval e-mail, mrocon's general Terms and Conditions, and the Privacy Policy, constitute the entire agreement between the parties concerning the Program and supersede all prior understandings.
(6) Form. Amendments, supplements, and the termination of these Terms must be in text form (Textform; e-mail sufficient). The waiver of this form requirement itself requires text form.
Document prepared 2026-05-22 by mrocon GmbH (CCO scope). Mirror translations in DE / FR / ES are published in parallel under /agb-affiliate.html, /fr/affiliate-terms.html, and /es/affiliate-terms.html.