Terms and Conditions

1. General provisions
   
   1. ThinkSuggest.org is offered by ThinkLABs Ltd. & Co. KG (hereinafter referred to as “ThinkLABs”).
   2. The following provisions apply to the ThinkLABs program provided to you by ThinkLABs.
   3. Customers in the sense of these General Terms and Conditions (GTC) can be consumers as well as companies. Consumers in the sense of these GTC are individuals with whom a business relationship has been formed, yet to whom no commercial or self-employed profession can be ascribed, and who have at least limited legal capacity. Companies in the sense of these GTC are individuals, legal entities or legally constituted private limited companies who are acting in the exercise of their commercial or independent professional occupation.
   4. ThinkLABs is offering the use of its web-related and other services based exclusively on these GTC. The applicability of any general terms and conditions of the customer shall herewith be expressly rejected, insofar as the customer’s GTC oppose the content of any provision of these GTC, or supplement these GTC.
   5. The customer accepts the following GTC as solely decisive for the entire business relationship by completing, sending and confirming the application in the form of a confirmation email according to the generally known “double-opt-in” procedure (DOI).
   6. Any additional or supplementary agreement or agreement differing from these GTC is subject to the written form. Verbal side agreements require the written form to become effective by all means.
2. Participating in the ThinkLABs program
   
   1. All customers who registered directly with ThinkLABs are entitled to participate in the ThinkLABs program. The registration can be performed either online or offline by completing the registration form and sending it to ThinkLABs.
   2. As soon as the customer has registered, ThinkLABs will create an ThinkLABs account for this customer. The contract between the customer and ThinkLABs is entered into and the customer’s participation in the ThinkLABs program commences upon registration and creation of an ThinkLABs account.
   3. During the registration process the customer must enter correct and updated information. ThinkLABs must be immediately notified of any changes regarding this information. If the customer fails to meet this obligation, he shall be responsible for any disadvantage for him arising from this failure.
   4. The registration of several customers under one ThinkLABs account is not permitted, unless approved of in writing by ThinkLABs. No customer shall be entitled to hold more than one ThinkLABs account. If a customer registers for several accounts, ThinkLABs shall be entitled to cancel all illegally created accounts as well as the account of the responsible customer without notice. Any credit booked on the terminated accounts shall be forfeited.
   5. ThinkLABs is entitled to reject a customer’s registration without explanation.
3. Revocation
   
   1. The customer may revoke his registration in writing (e.g. by letter, fax or email) within two weeks without giving any reason. At the earliest, the revocation period commences with the conclusion of this contract. The timely sending of the revocation is sufficient for adherence to the revocation period. The revocation must be sent to:
   2. In the case of an effective revocation, the mutually received benefits and, if so, derived profits (e.g. credit) are to be returned.
   3. The right of revocation shall expire prematurely if ThinkLABs has commenced the performance of its services before the end of the revocation period with the explicit approval of the customer or if this was initiated by the customer himself (e.g. by using the ThinkLABs program).
4. ThinkLABs services
   
   1. By participating in the ThinkLABs program the customer is given the possibility to generate commission revenue for the referral of offers, which he collects on his ThinkLABs account. With the registration for the ThinkLABs program, ThinkLABs will create an ThinkLABs account to the benefit of the customer. The commission revenue is credited to the customer’s ThinkLABs account and shown as credit.
   2. The ThinkLABs website provides information on current offers for the purchase of goods and/or services and/or other companies (“partner companies”). ThinkLABs will also provide information on this kind of offer in separate emails and/or newsletters on an irregular basis.
   3. Commission revenue is credited to the customers’ ThinkLABs account from the referral of orders by third-party partner companies. In this case, the customer acts as a referrer. The commission on the customer’s ThinkLABs account becomes payable if the following requirements are met:
      1. Referral of a legally binding order of deliveries and/or services from a partner company published by ThinkLABs via the ThinkLABs website or via another online access which was explicitly approved by ThinkLABs for this purpose;
      2. Complete payment of the invoice amount by the customer;
      3. Acceptance of the ordered goods by the customer without reservation;
      4. Expiry of any legally or contractually agreed revocation period; and
      5. Confirmation of the successful business transaction and payment of the respective remuneration to ThinkLABs by the partner company.
   4. After conclusion of a transaction benefitted by commission, the commission is temporarily credited to the customer. Temporary credits are identified as such in the ThinkLABs account. The final crediting of the commission depends on the compliance with the terms determined by ThinkLABs and the ThinkLABs partner company. The customer will not be able to dispose of the commission until it is finally credited. Commission payments can be terminated if the customer violates these GTC or if the requirements for receiving the commission have not been met. Furthermore, ThinkLABs reserves the right to terminate if the transaction based on which the customer received a commission is revoked or reduced.
   5. ThinkLABs is entitled to make higher and/or other credit entries in all or in individual customer accounts at its own discretion without notifying the customers beforehand (e.g. in the course of credit campaigns).
   6. In the case of non-compliance with the obligations or in the case of abuse, ThinkLABs shall be entitled to cancel commission payments to the ThinkLABs account that have already been marked as “confirmed” without separately notifying the customer.
   7. The application of the commission is only possible within the framework of the ThinkLABs program.
   8. The credited commission payments expire if the ThinkLABs program is not used for 3 years.
   9. The services of the ThinkLABs program include the sending of advertising information by email, in particular offers by ThinkLABs partners. By registering for the ad goal program, the customer automatically agrees to receive this information. Nevertheless, he is able to separately terminate this service via www.ThinkSuggest.org or by sending an email to the address stated above.
   10. Commissions are marked either as “pending”, “confirmed” or “canceled” under the name of the respective service partner.
   11. The account balance communicated by ThinkLABs is deemed as confirmed to be correct by ThinkLABs and the customer, unless the customer objects to the account balance in writing or electronically within 30 days after receipt of the respective credit. ThinkLABs’s right to terminate shall remain unaffected thereof.
5. Payment of the ThinkLABs credit
   
   1. As soon as the sum of all commissions marked as “confirmed” in an ThinkLABs account exceeds the amount of €100, the total amount is paid to the customer at the latest one month after he was notified. The payment is made by bank transfer to the last bank account stated by the customer. Any costs incurred by the receiving bank (in particular with regard to forein accounts) shall be borne by the customer.
   2. The credit on the customer’s ThinkLABs account shall not be subject to interest until it is paid out.
   3. ThinkLABs shall also be exempted from its obligation to pay the commission according to item 5.a if the latest bank account stated by the customer is assigned to a different person or if this bank account does not existt.
   4. Any assignment of payment claims from the ThinkLABs account by the customer to third parties is subject to ThinkLABs’s previous approval to become effective.
   5. The participant shall not be able to redeem commissions until he has collected a sufficient amount of finally cleared commission (€100).
6. Accessing the ThinkLABs account
   
   1. If the customer has registered online via the ThinkLABs website, he can access his ThinkLABs account after verifying his identity to ThinkLABs using his email address and password, or any other procedure determined by ThinkLABs.
   2. The participant is obligated to keep the access data safe and to protect it from third-party access. The password can be changed by the customer at any time. Any authorized or non-authorized use with the customer’s password is deemed as carried out by the registered customer.
7. Data privacy
   
   1. ThinkLABs shall only use, store and process the customer’s data internally to meet the contractual purpose, unless the customer has agreed to any other use of his data. The customer shall be entitled to obtain information on the scope and content of his personal data at any time. Furthermore, he has the right to demand the deletion of his data; in this case ThinkLABs shall be entitled to extraordinary termination.
   2. ThinkLABs shall not forward the customer’s personal data without the customer’s explicit approval, unless ThinkLABs is legally obligated to disclose the data or unless ThinkLABs employs the services of a third party obligated to professional confidentiality to enforce its claims.
   3. Further information on the scope and use of the collected data is available in the section on data privacy.
8. Liability
   
   1. ThinkLABs does not assume any guarantee for the readiness and/or capability of the partner companies to accept an order by the customer.
   2. ThinkLABs does not assume liability for the reliability and contractual fidelity of partner companies. Furthermore, ThinkLABs is not liable for the quality and/or the serviceability of goods and/or services provided by a contractual partner, nor for the infringement of third-party rights through deliveries and/or services by a partner company. In all of the described cases, ThinkLABs shall not be liable for damages arising from the actions of a partner company and/or from errors or other infringements by suppliers and/or services of a partner company.
   3. Any claims for compensation against ThinkLABs shall be excluded independent of the legal cause, unless ThinkLABs, its legal representatives or vicarious agents acted intentionally or with gross negligence or infringed essential contractual obligations, or unless injury to life, limb or health is involved.
   4. Insofar as ThinkLABs is liable for reasons of slight negligence, the claim for compensation shall be limited to the foreseeable and typical damage.
   5. Any liability regardless of ThinkLABs’s culpability, in particular liability according to the product liability law or liability under a guarantee, shall remain unaffected of the above items 8.1 and 8.2.
   6. As far as ThinkLABs’s liability is excluded, this shall also apply to the personal liability of ThinkLABs’s employees, representatives and vicarious agents.
   7. ThinkLABs does not assume liability for damages caused by any of its partners. In particular, warranty claims due to services rendered by ThinkLABs partners can only be asserted against these partners. Furthermore, ThinkLABs is not obligated to compensate the participant for commissions that have not been credited due to failures of the ThinkLABs partners.
   8. ThinkLABs is not liable for contents of external websites, nor is ThinkLABs liable for the ThinkLABs links created by the customer, in particular in the case of infringements of third-party rights (e.g. trademark rights). If a possible infringement of third-party rights becomes known, the customer is obligated to notify ThinkLABs via the ThinkLABs contact form.
9. Termination, canceling the participation in the ThinkLABs program
   
   1. The customer is able to terminate his ThinkLABs participation at any time without adhering to any terms.
   2. Termination of the participation by ThinkLABs is always subject to a notice period of 4 weeks. The right to terminate without notice for an important reason shall remain unaffected. An important reason is provided in particular if the customer does not observe these GTC or abuses the ThinkLABs program despite reminder. As an example, the latter occurs if the customer only pretends to perform real transactions incentivized with ThinkLABs, if he concludes non-approvable business transactions with the ThinkLABs partners, refuses to settle claims by the ThinkLABs partners without justification or uses ThinkLABs links in any indecent way. Above all, the latter includes methods such as advertising links via PaidMail, LayerAds, ForcedClicks, cookie dropping, spamming, placing of ads with terms protected by trademark rights, using terms protected by trademark rights within the ThinkLABs program or advertising on pornographic, radical, indecent, political websites or websites that are morally damaging to juveniles. If the customer abuses the ThinkLABs program in the above sense, his account shall be blocked as soon as the case of abuse becomes known. Lawfully gained commissions which the customer acquired before the case of abuse can only be redeemed by the customer after consultation with the ThinkLABs service center.
   3. The termination must be made in writing or by email.
   4. ThinkLABs reserves the right to terminate the ThinkLABs program or to replace it with another program at any time without stating any reasons. Except when otherwise stipulated by a special regulation in the replacement program, both cases correspond to a termination by ThinkLABs according to item 9.2 clause 1.
   5. If the customer terminates the membership with a partner company, this does not automatically imply a termination of the ThinkLABs participation.
10. Changing of the GTC
    
    1. ThinkLABs is entitled to make changes to these GTC. Should these changes be disadvantageous for the customer, the new GTC shall only become effective if ThinkLABs has notified the customer of the change and the customer does not object to this change within one month after the notification of the change. This notification may also be accepted if it is published separately on the website. Furthermore, a change shall be deemed as approved by the customer if he continues to collect commission after the expiry of one month after he was notified about the change. If the customer does not accept the new GTC according to the above, this shall apply as a termination of the ThinkLABs participation by the customer according to item 9.1. ThinkLABs shall separately inform the participant of this consequence when sending the new GTC.
11. Other provisions
    
    1. The customer shall only be entitled to offset his own claims against ThinkLABs’s claims if ThinkLABs has accepted these claims or if these claims have been legally established in favor of the customer.
    2. Should individual provisions of this contract, in particular of these GTC, be or become wholly or partially ineffective, the effectiveness of the residual provisions or of parts of such provisions of the contract and/or these GTC shall remain unaffected. The ineffective provision shall be replaced with the respective statutory regulation or – if there is no statutory regulation available – with a regulation that ThinkLABs and the customer would have chosen had they been aware of the ineffectivenessn.
    3. If the customer is a registered trader, Munich, Germany, shall be agreed as the place of jurisdiction.
    4. The contract including these GTC is subject exclusively to German law under explicit exclusion of all international and supranational legal provisions, in particular of the UN Convention on Contracts for the International Sale of Goods.