Affiliate Program T – General Terms and Conditions

Section 1 Scope, contracting party, definitions

(1) These General Terms and Conditions (“T”) govern participation in the partner program “Legacy Legends” by Click A Tree (“Program”) of

Click A Tree GmbH, Erzbergerstraße 5, 78315 Radolfzell

Commercial Register: Freiburg im Breisgau Local Court, HRB 722406

VAT ID No.: DE334278256

Managing Director: Christian Kaiser

Email: legends [at] clickatree.com

(hereinafter “Click A Tree” or “we”).

(2) These T apply to all natural persons and legal entities who register as partners in the Program (“Partner”), regardless of whether they act as consumers (Section 13 BGB) or as entrepreneurs (Section 14 BGB). Where these T provide different provisions for consumers and entrepreneurs, this is expressly indicated.

(3) The term “Affiliate” is used internally and in technical systems (e.g., dashboard, tracking software) as a synonym for “Partner”.

(4) These T apply to the German-speaking market. Separate published terms apply to the English-language version of the Program.

Section 2 Subject matter of the contract

(1) Click A Tree is a certified sustainability company. Partners refer customers (and additional partners) to purchase services from Click A Tree (including tree plantings and other sustainability projects) and, in accordance with these T, receive a commission on the referred revenue.

(2) Participation in the Program is free of charge. A prior order or payment by the Partner is not a prerequisite for registering as a Partner.

(3) Click A Tree makes no assurance regarding the amount of income that can be achieved. Any sample calculations communicated within the Program are non-binding and do not constitute an income promise.

Section 3 Eligibility requirements and registration

(1) Anyone who has reached the age of 18 is eligible to participate. A prerequisite for participation as a Partner is an existing customer account with Click A Tree or a new customer account created during registration; there is no separate Partner account without an underlying customer account.

(2) Registration takes place online. The Partner link (ref link) is activated only after express acceptance of these T

(3) A Partner may not use their own ref link for their own purchases (“self-referral”). Violations will result in forfeiture of the commission generated thereby, without prejudice to further rights under Section 11 and Section 12.

(4) If a Partner, as an employee, refers their own employer as a customer, they must coordinate this in advance with their employer in accordance with the employment-contractual and employment-law obligations applicable to them. Click A Tree is neither obliged nor able to review this; responsibility lies solely with the Partner.

Section 4 Commission model

(1) Tier 1 (direct referral): Anyone who has directly referred one or more paying customers receives a commission on net revenue, tiered according to the Partner’s total monthly volume:

Partner’s monthly volume	Tier 1 rate
up to €1,000	10 %
over €1,000 up to under €10,000	12 %
from €10,000	15 %

If the Partner reaches one of the stated thresholds within a calendar month, the higher rate applies from the order with which the threshold is reached, and for all subsequent orders in the same calendar month. Orders completed earlier in the same month are not reassessed retroactively. The tier classification is reset at the beginning of each calendar month and depends solely on the volume of the respective month.

Example: If a Partner reaches the €10,000 threshold on the 18th of a month with an order, the 15% rate applies from that order for all further orders in the same month. Orders from the 1st to the 17th are billed at the previously applicable rate.

(2) The classification under para. (1) is based exclusively on the Partner’s own direct revenue from customers they personally referred (Tier 1 revenue). Revenue generated by referred sub-partners is not included in calculating the volume relevant for bracket classification and has no effect on the referring Partner’s Tier 1 rate.

(3) Tier 2 (network commission): Anyone who has referred a Tier 1 Partner to the Program receives 2% of the net revenue from that Tier 1 Partner’s customers. This rate is fixed and independent of the tiering under para. (1).

(4) The commission base is the net revenue in each case. Net revenue within the meaning of these T is the invoice amount actually paid by the customer minus statutory VAT; discounts already included in the purchase price or redeemed vouchers reduce net revenue accordingly. Subsequent refunds are handled in accordance with Section 6.

(5) Both commission levels are active immediately upon registration; there is no minimum revenue or other precondition. The Program provides for a maximum of two commission levels; there is no further nesting. Tier 1 and Tier 2 commissions accrue to different persons and are never both granted to the same Partner for the same sale.

(6) The commission is paid for the entire period during which the referred customer remains a paying customer of Click A Tree (“lifetime commission”), subject to Section 7 (inactivity).

(7) A Partner may simultaneously receive commissions as a Tier 1 Partner (for customers they directly referred) and as a Tier 2 Partner (for additional Partners referred by them). Both roles exist independently of each other via the respective direct relationship.

Section 5 Tracking and attribution

(1) Attribution of a customer to a Partner is carried out via a personalized ref link with a cookie duration of 30 days.

(2) As soon as a customer account is created via a Partner’s ref link, this account is permanently attributed to the Partner. All future orders from this account give rise to the Partner’s commission claims as long as the attribution continues under these T

(3) Until a customer account is created, the last-click principle applies: if a user has visited the ref links of multiple Partners within the cookie duration, the Partner whose link was clicked last is attributed when the account is created. After the account is created, this principle no longer applies: if the user later visits another Partner’s ref link, the original attribution under para. (2) remains unchanged. The account wins, not the last click.

(4) The attribution under para. (2) remains in place regardless of whether the attributed customer later also registers as a Partner, and regardless of later marketing efforts by other Partners. If the customer later registers as a Partner, the original attribution remains unchanged and also forms the basis for any Tier 2 claim of the originally attributing Partner under Section 4, provided the customer, as a Partner, refers additional customers.

Section 6 Commission protection and payout

(1) After a purchase, the commission is initially withheld for 30 days (holding period).

(2) If a refund to the customer occurs within this period, the commission attributable to it is automatically forfeited. Otherwise, the commission is released after the holding period expires.

(3) Payout is made automatically on a monthly basis via Stripe, PayPal, or as credit in the customer account, provided the amount to be paid out is at least €25. Amounts not yet eligible for payout are carried forward to the following month.

(4) By accepting these T, the Partner agrees to the credit note procedure: Click A Tree prepares the commission statement in the name and for the account of the Partner (credit note pursuant to Section 14 para. 2 sentence 2 UStG).

(5) Click A Tree automatically issues a tax-compliant document for this, including a reverse-charge note for EU Partners, provided the requirements are met. The Partner consents to receiving the document as a PDF, insofar as there is no legal obligation for an electronic invoice (XRechnung/ZUGFeRD).

(6) Each Partner is solely responsible for the correct tax treatment of their commission income.

(7) During registration, the Partner states whether they are participating as part of a business/self-employed activity or as a private individual. This information is decisive for the tax treatment under paras. (4) and (5).

Section 7 Inactivity and release of customers

(1) A Partner is considered active as long as at least one of the following activities has taken place within the last 13 months: the Partner’s own order, referral of a new Partner, or an order by a customer referred by them.

(2) If 13 months pass without any of these activities, the Partner status is deactivated. The attribution to their referred customers ceases; these customers are released to be approached again by another Partner or the Click A Tree team.

(3) Regardless of the Partner’s activity under para. (1), the activity of each individual attributed customer is additionally reviewed separately. If a customer has not placed an order within the last 13 months, that customer is released individually, even if the Partner themselves remains active due to other activities (e.g., orders by other customers, referral of new Partners). The release applies exclusively to the customer concerned; the attribution of the Partner’s other customers remains unaffected.

(4) An individually released customer may be approached again and reactivated by another Partner or by the Click A Tree team. With the first order after reactivation, the customer is permanently re-attributed to the reactivating Partner in accordance with Section 5.

(5) For a deactivated Tier 1 Partner and for an individually released and re-attributed customer, the Tier 2 commission attributable to this is correspondingly forfeited for the previous upline Partner. A Tier 2 claim of the referrer of the reactivating Partner arises from the re-attribution in accordance with Section 4.

(6) If a released customer returns on their own without renewed referral by a Partner, no commission claim arises in favor of any Partner.

(7) If a Partner who has in turn referred another Partner (and receives Tier 2 commission for this) is deactivated due to inactivity under paras. (1)–(2), their Tier 2 claim transfers to the person who originally referred them, if such a person exists. If no such referrer exists, the Tier 2 commission is forfeited without replacement. The status and commission claims of the (downline) Partner referred by the deactivated Partner remain unaffected.

Section 8 Partner obligations

(1) Advertising disclosure: If the Partner promotes the Program or Click A Tree products to third parties, they must clearly identify this as advertising. The word “Advertising” or “Ad” must appear directly at or before the respective link. Disclosure solely in running text, via hashtag, solely in a foreign-language equivalent, or solely in the imprint/footer is not sufficient.

(2) The Partner may not run advertisements (in particular Google Ads) that use Click A Tree’s brand name, logo, or protected terms as a keyword or ad text (brand bidding), unless expressly agreed in writing in advance.

(3) The Partner may not promote the Program in their own communications as “multi-level marketing”, “pyramid scheme”, “downline”, or using comparable terminology, and may not make any specific income promises or guarantees to third parties.

(4) Section 10 applies to the use of provided marketing materials.

(5) The Partner is obliged to comply with applicable law when promoting new customers and Partners, in particular competition law, trademark law, and data protection law.

Section 9 Voucher system

(1) Selected Partners receive personalized voucher codes for free trees as part of launch campaigns, which they may pass on to third parties. The codes are issued only after registration has been completed and these T have been accepted.

(2) If a person redeems such a voucher code, they are automatically attributed as a customer of the gifting Partner, provided that the recipient does not yet have a customer account; this attribution is otherwise subject to the provisions of these T, in particular Section 5 and Section 7.

Section 10 Rights of use for brand and marketing materials

(1) Click A Tree grants the Partner a simple, non-transferable right, revocable at any time, to use the marketing materials provided by Click A Tree (banners, text templates, graphics, etc.) exclusively to promote the Program within the scope of these T

(2) Any use beyond this of Click A Tree’s brand, logo, or other identifiers requires prior written consent.

Section 11 Review of suspicious revenue

(1) Click A Tree is entitled to review revenue that indicates a breach of Section 3 para. (3) (self-referral) or other manipulation of commission, ranking, or tier status, and, in the event of a substantiated suspicion, to exclude it from commission calculation and ranking.

(2) Click A Tree will inform the affected Partner of such a measure and its main reasons and will give them an opportunity to comment.

Section 12 Term and termination

(1) The partnership agreement is concluded for an indefinite period.

(2) It may be terminated by either party with 30 days’ notice to the end of the month.

(3) The right of both parties to terminate for cause without notice remains unaffected. For Click A Tree, good cause exists in particular in the event of a breach by the Partner of Section 3 para. (3), Section 8, or Section 10 of these T

(4) Commission claims that arose before termination became effective and became due under Section 6 remain unaffected by termination. Upon termination becoming effective, attribution of new revenue to the Partner ends.

Section 13 Right of withdrawal for consumers

(This provision applies only insofar as the Partner is a consumer within the meaning of Section 13 BGB. If the Partner acts as an entrepreneur within the meaning of Section 14 BGB, there is no right of withdrawal; instead, they have the ordinary right of termination under Section 12.)

Right of Withdrawal

You have the right to cancel this contract within fourteen days without giving any reason.

The withdrawal period is fourteen days from the day the contract is concluded. For the purposes of this provision, the contract is concluded at the time the person accepts these T and registers as a Partner, regardless of whether an underlying customer account may have been created earlier.

To exercise your right of withdrawal, you must inform us (Click A Tree GmbH, Erzbergerstraße 5, 78315 Radolfzell, Email: legends@clickatree.com) by means of a clear statement (e.g., a letter sent by post or an email) of your decision to withdraw from this contract. You may use the attached model withdrawal form for this purpose, but it is not mandatory.

To comply with the cancellation period, it is sufficient for you to send notification of your intention to exercise your right of cancellation before the cancellation period expires.

Consequences of withdrawal

In the event of an effective withdrawal, your Partner status will be terminated retroactively; commission claims that have already arisen and are due under Section 6 remain unaffected. Since participation in the Program is free of charge for you, the withdrawal does not give rise to any repayment claims.

Model withdrawal form

(If you wish to withdraw from the contract, please complete this form and return it.)

To: Click A Tree GmbH, Erzbergerstraße 5, 78315 Radolfzell, Email: legends@clickatree.com

I hereby withdraw from the contract concluded by me for participation in the partner program “Legacy Legends”.

Concluded on: _______________

Name of the consumer: _______________

Address of the consumer: _______________

Signature of the consumer (only if notified on paper): _______________

Date: _______________

Section 14 Liability

(1) Click A Tree is liable without limitation for damages resulting from injury to life, body, or health, as well as in cases of intent and gross negligence.

(2) In the case of slight negligence, Click A Tree is liable only in the event of a breach of an essential contractual obligation (cardinal obligation), the fulfillment of which makes the proper performance of the Program possible in the first place and on compliance with which the Partner may regularly rely. In this case, liability is limited to the damage foreseeable and typical for the contract.

(3) Otherwise, Click A Tree’s liability is excluded. Liability under the Product Liability Act remains unaffected.

Section 15 Data protection

Information on the processing of personal data within the scope of the Program can be found in the privacy policy at clickatree.com/datenschutz.

Section 16 Amendments to these T

(1) Click A Tree may amend these T with effect for the future insofar as this is necessary to adapt to changed legal or technical conditions or does not shift the existing contractual structure to the Partner’s detriment. With respect to Partners participating as entrepreneurs (Section 14 BGB), an amendment may also be made for economic or strategic reasons.

(2) A change to the commission model under Section 4 applies exclusively to customers who are newly attributed after the change becomes effective. For customers already attributed at the time of the change, the rate agreed at the time of their attribution continues to apply unchanged.

(3) The Partner will be informed of amendments in text form (e.g., email) at least 6 weeks before they take effect. If the Partner does not object within 6 weeks of receipt of the notice, the amended T are deemed accepted; this consequence will be specifically pointed out in the notice. In the event of an objection, both parties have a special right of termination as of the date the amendment takes effect.

Section 17 Competitions and additional campaigns

In addition to the regular commission under Section 4, time-limited competitions, rankings, or bonus campaigns (e.g., seasonal leaderboards, annual target bonuses) may be offered. Separate participation terms published for each case apply. A placement in a ranking or leaderboard alone does not give rise to any legal entitlement to a bonus.

Section 18 Final provisions

(1) The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). If the Partner is a consumer with habitual residence in another Member State of the European Union, mandatory consumer protection provisions of the law of that state remain unaffected.

(2) If the Partner is a merchant within the meaning of the German Commercial Code, a legal entity under public law, or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from or in connection with this contract is Click A Tree’s registered office. If the Partner is a consumer, the statutory rules on jurisdiction apply.

(3) Should individual provisions of these T be or become invalid, the validity of the remaining provisions remains unaffected.