All of our services are rendered exclusively on the basis of these terms and conditions. Arrangements diverging from these terms and conditions, including the terms and conditions of the cooperation partner, become effective only with our written confirmation.
Edaole runs the platform consisting of the website www.edaole.com as well as the Edaole App for Android and iOS smartphones and tablets (the “platform”). Using this platform new customers are acquired for selected companies operating in the realm of shopping, dining and leisure activities. To do so, Edaole markets discounts / coupons / special deals to consumers, specifically Chinese tourists, who can redeem these at the business. Edaole offers these coupons for the products made available by the cooperation partner to the consumers as promoter for the cooperation partner (“offer”) on its own platform as well as on third party platforms, such as travel booking platforms. Based on the revenue generated as part of this, the partner pays a previously agreed upon sales commission to Edaole.
The commission to be paid to Edaole is calculated on the basis of the net sales generated by the customers provided by the Edaole platform. The amount of the commission to be paid to Edaole is agreed upon by both parties as part of this agreement. Invoices are generated by Edaole for partners regularly after the end of the month based on the revenue amounts communicated to Edaole by the partner. The partner is to communicate the generated revenue to Edaole within the first five business days of the following month. The period for payment is 14 weekdays. Communication of the generated revenues is based on the principle of good faith.
This agreement, once signed by the cooperation partner, is valid for an indefinite period. It may be canceled at any time by either party taking into account a 4-week cancellation period. In case there is reasonable suspicion on the part of Edaole that sales revenues generated by Edaole customers are not communicated to Edaole or are communicated incompletely, Edaole reserves the right to terminate the agreement with immediate effect.
Edaole is not responsible for the content or the availability of the offers made by the cooperation partner. Product liability and / or warranty by Edaole for the goods or services purchased from the partner is explicitly excluded. The partner shall exclude Edaole from all such claims from third parties.
The partner is integrated on the platform using both image and text material. If such material is not provided by the partner, Edaole undertakes the preparation. For the increase of the attractiveness of the offer to customers, Edaole advertises using brands marketed by the cooperation partner. The partner authorizes Edaole to do so and assumes full responsibility for any conflicts resulting from this with these brands.
This contract is subject to German law. The courts in Berlin shall have jurisdiction. Terms and conditions diverging from this agreement are not recognized by Edaole. They only apply if they have been consented to explicitly by Edaole. Changes and amendments to this agreement shall be made in writing. This also applies to changes of this writing requirement.
The partner is forbidden from retroactively changing the price of the product offered through Edaole or the services offered by the partner in his sales channels during the time these are offered on the Edaole platform.
For as long as this Agreement shall remain in effect, the merchant partner of Edaole waives the right to negotiate with and enter into contracts with others that contemplate the same or similar Purpose and encompass the same or similar Scope as this Agreement. In particular the merchant partner is not allowed to have direct contract, agreements or any kind of partnerships with third parties such as travel booking platforms, deal platforms or other travel related companies – especially from China. After the partnership terminates, the merchant partner agrees to maintain this exclusivity clause for 12 months. All infringements may be punishable by law.