1. Operator

1.1. Flasher GmbH (“Flasher”), with registered office at Stremayrgasse 16/4, 8010 Graz, Austria.

2. Subject of the referral program

2.1. Flasher offers influencers (“referrers”) the opportunity to recommend certain Flasher products to followers and viewers of their own social media channels (“referees”) as part of a referral program (“Flasher Influencer Affiliate Program” or “Program”). The referrer receives a bonus for successful recommendations that lead to sales. Referees may also receive discounts by using the program. The exact bonus and discount conditions can be found under points 5 and 6.

3. Eligibility

3.1. Only those who have registered for the program with Flasher and have been activated are entitled to participate as a referrer. This program is aimed exclusively at people who operate their own social channels (e.g. YouTube, TikTok, Instagram, Facebook, etc.) as part of commercial activities. All channels used by the referrer as part of this program must be specified during program registration and approved by Flasher. Other commercial activities and advertising campaigns are prohibited as part of this program.

3.2. By participating in the program, the referrer and referee agree to use the program in the manner intended and declare their full agreement to these mediation terms / terms and conditions. If you do not fully agree to these terms and conditions, you cannot register as a referrer or referee. Participation in the program is then not possible.

4. Procedure

4.1. To use the program, the referrer is provided with free use of the UpPromote software tool from Flasher. This tool is used for transparent management of the referrer and recruited referees, as well as for clear tracking of purchases and bonus payments resulting from referral marketing activities via affiliate links and coupons. In addition, the maintenance and allocation of unique affiliate links and coupons is also carried out via this tool. Operating instructions, all specifications regarding functionality, but also technical restrictions can be found on the UpPromote tool website: https://uppromote.com . It should be emphasized that cookies are used in connection with affiliate links. If a person does not allow cookies or deletes their cookies, their purchasing activities cannot be tracked for the purposes of the program and cannot be assigned to a referrer. A bonus payment is therefore not possible.

4.2 Flasher reserves the right to approve or reject any registration for the Program at its sole and absolute discretion. No legal claim may be made against Flasher for the rejection of any registration.

4.3. Marketing material from Flasher (including banners, logos, product brochures, etc.) may only be used if expressly released by Flasher.

5. Entitlement to the bonus

5.1 The entitlement to a bonus for referrers and referees arises exclusively through the purchase of affiliate products via affiliate links or coupons from a referrer. Affiliate links or coupon codes cannot be combined with other discount promotions. Affiliate products include all products that contain a bundle of two Flasher bracelets, e.g. “Flasher Set” and “Flasher Bundle”.

5.2 The entitlement to a bonus for referrers and referees only arises if the transaction is the first contract concluded between the referee and Flasher. The referee must be a new customer.

5.3 The referrer is only entitled to a bonus if (i) the referee was recruited via an online channel of the referrer that was specified during referrer registration, (ii) the referee keeps the purchased affiliate product for at least 30 days and does not return it to Flasher and (iii) the affiliate product has been paid in full by the referee to Flasher GmbH. In the case of a valid bonus claim on the part of the referrer, this is referred to as “successful advertising”.

5.4 The referrer can request payment of the bonuses using the payment methods offered by Flasher at the time of the payment claim. If the bonus claim is valid, Flasher will make the payment within three months.

5.5 Financial transactions are carried out in euros. Any exchange fees are borne by the referrer.

5.6 The Referee receives the bonus exclusively in the form of a discount, which is deducted from the purchase price directly when purchasing an Affiliate Product.

6. Amount of the premium

6.1 The bonus system valid at the time of successful advertising is decisive for the bonus for successful advertising. From January 22, 2024, the bonuses specified below will apply.

6.2 The amount of the bonus for the referrer is 5% of the sales value (excluding taxes, excluding delivery costs) of each successfully referred Flasher Affiliate product.

6.3 The amount of the Referee’s bonus is 10.00 Euro on the regular prices applicable at the time of purchase in the Flasher online shop for Affiliate products.

7. Early termination, exclusion and revocation

7.1 Flasher reserves the right to cancel or terminate the awarding of rewards in the referral program at any time without prior notice and without giving reasons. This applies in particular if proper implementation cannot be guaranteed for technical or legal reasons. In such a case, participants have no right to make any claims against Flasher.

7.2 Flasher reserves the right to change the bonus conditions at any time without prior notice and without giving reasons.

7.3 Flasher reserves the right to exclude participants from participating in the referral program. This applies in particular in the event of violations of the terms and conditions of participation or if participants use manipulation or other dishonest means.

7.4 The purchase and/or use of Flasher gift cards, voucher codes, coupons or similar does not entitle you to any rewards.

7.5 Flasher reserves the right not to award the referral program rewards in the event of improper use and to exclude the referrer from the program. In this sense, publications on websites containing the following content are not permitted: pornography; drugs; violence, hate speech and racism; lubricants and sex toys; gambling. In addition, publication on platforms and channels that were not announced in writing at the time of registration is prohibited.

8. Data protection

8.1 Protection when handling customer data is of the utmost importance to us. Flasher is subject to and complies with the applicable legal provisions of the European Union's data protection regulations as well as other national and international data protection regulations. Flasher is committed to handling customer data in a lawful and responsible manner. The current version of the data protection declaration applies. Flasher reserves the right to change the data protection declaration. The customer can always access the valid version of the data protection declaration on the website https://flasher.tech/policies/privacy-policy . Flasher only uses, processes and utilizes personal customer data to the extent that this is necessary within the scope of the business relationship for the purposes of executing the contract, to the extent that this is permitted under data protection laws and the customer has given the corresponding consent (e.g. when sending newsletters). Flasher is entitled to forward personal data to its contractual partners, in particular payment service providers, to the extent that this is necessary to process customer orders. Flasher generally stores data electronically and forwards and processes it either electronically or in paper form for the purpose of fulfilling its contractual rights and obligations. Flasher is entitled to keep records of telephone calls, emails and chats with the customer within the framework of the statutory provisions. The customer has the right to be informed at any time about the type and extent of his stored personal data and to request the immediate deletion of his data, unless statutory provisions prevent this.

9. Termination of participation in the Influencer Referral Program

9.1. You can terminate your participation in this program at any time. To do so, send an email to: office@flasher.tech

10. Applicable law

10.1 The contractual relationship between Flasher and the customer is subject exclusively to Austrian law. The contracting parties agree that the courts in Graz shall have exclusive jurisdiction.

11. Invalid provisions

11.1 If any provision of this contract is invalid or unenforceable in whole or in part, the validity of the remaining provisions shall not be affected. The invalid or unenforceable provision shall be replaced by a valid or enforceable provision that comes as close as possible to the economic meaning and purpose of the invalid provision. The same applies to any gaps in the contract. No oral side agreements have been made.