1. Parties and Scope

The following terms and conditions ("affiliate terms") govern the relationship between you (hereinafter referred to as "affiliate partner"), and Viselio AG, Luisenstrasse 5, CH-3005 Bern (Switzerland), CHE-256.442.960, (hereinafter referred to as "Viselio") regarding the provision of services by Viselio.

Viselio obtains visas and other travel documents on behalf of end-customers (hereinafter "customers"). These third-party services are offered and advertised on Viselio's website. Viselio sells these to end-customers (hereinafter "customers") via its online ordering process.

Viselio enters into the contractual relationship with the visa applicant. The affiliate partner is not party to applicant-Viselio in the relationship.

2. Description of Services

Affiliate partners will have the opportunity to apply for services offered by Viselio as part of an affiliate marketing program (hereinafter "affiliate program"). The affiliate partner receives a performance-related revenue share from Viselio (hereinafter "commission").

Viselio creates advertising media such as banners, links, e-mails, templates, flyers, or videos (hereinafter "advertising material") for the marketing of services via the affiliate program. These advertising media are made available to registered affiliate partners so that they can be included on a website, blog, platform, e-mail, shop, etc. (hereinafter "advertising space") operated by you.

If a customer clicks on an advertising material and subsequently succeeds in concluding a successful transaction (payment successful and service is executed), Viselio's affiliate partner receives a commission.

Viselio monitors and records the business transactions and provides the affiliate partner with an overview and bills accordingly. By using the "dashboard", the affiliate partner has permanent access and overview of the successful business transactions. The dashboard overview is the sole basis for determining a commission.

Viselio is responsible for ensuring that the data, applications, and advertising material provided are up-to-date, complete, and correct.

Viselio endeavours to continually develop the affiliate program. As part of this development, individual applications can be improved, extended or modified by Viselio. This may include the partial or complete cessation of functionalities or other parts of the service, insofar as this will only lead to an insignificant change in Viselio's overall performance. In particular, the right to change the performance exists if this change is customary within the industry, or through changing of the legal situation, or due to an obligation under case-law.

By performing necessary maintenance work and improvements, it is possible, for a short time, that individual functions are not available due to temporary maintenance or improvements. Viselio will rectify faults or failures without delay, insofar as is actually possible and reasonable, in particular for economic and legal reasons and when impairments are not insignificant.

To use the services, the affiliate program, and the applications, it is necessary that the affiliate uses certain technical systems, such as terminals, software programs, transmission channels, telecommunications and other third-party services. Viselio does not provide such devices, software programs, transmission channels, telecommunication and other services, and does not take over the resulting costs or liability for third party services.

Viselio ensures tracking by placing a cookie on the end-customer's device so that recurring visitors can be assigned to the affiliate partner for a minimum of 30 days. If the end-customer does not use cookies, or has blocked them, Viselio cannot guarantee an assignment and assumes no responsibility for this.

3. Registration as an Affiliate Partner

To participate in the affiliate program, the affiliate partner must register on the website operated by Viselio.

Legal or natural persons who are older than eighteen may register. Each affiliate must also have a bank account, PayPal, or Skrill account. Viselio reserves the right to check the specified personalities of the affiliate partner.

By completing the registration form and accepting these affiliate terms and conditions, the affiliate will submit an offer to conclude the agreement and to participate in the affiliate program with the content of these affiliate terms and conditions.

If Viselio accepts the offer, the affiliate will receive a confirmation email. Viselio reserves the right to refuse or withdraw the acceptance of the offer without giving reasons; in this case, the data submitted with the registration form will be deleted immediately.

In the affiliate dashboard, the affiliate partner receives an overview of Viselio's products and services that can be marketed by the affiliate partner. In the dashboard, the affiliate partner also has the ability to customize user data, change the payout form of the commission, etc.

Registration with the affiliate program is not transferable to third parties.

4. Obligations of the Affiliate Partner

The affiliate guarantees that the data requested at the time of registration is truthful and completely stated. Should the data that is specified during the registration process change after registration, the affiliate has to change the data in their on-line profile with Viselio (hereinafter "my-account").

The affiliate agrees to treat the access data (e-mail address and password) chosen at registration confidentially, and not to disclose it to any third-party and to keep it in such a way that no third-party is permitted to take notice. No third-party may be allowed to use the domain for registered members via this access data. If there is reason to suspect that third-parties have knowledge of the access data, the affiliate partner with Viselio must inform him immediately in writing or via message at hello@viselio.com.

The affiliate partner must have the necessary rights to market the advertising space. The advertising space, indicated during registration, or inclusion of the advertising material must correspond to the advertising space actually used.

The affiliate partner undertakes to refrain from electronic attacks of any kind on the services and the affiliate program. In particular, electronic attacks include attempts to overcome, circumvent or otherwise override the security mechanisms of the services, the use of computer programs for the automatic reading out of data, the use and/or distribution of viruses, worms, Trojans, Brute Force attacks, spam, or the use of any other links, programs, or procedures that could damage the services, the affiliate program, or any affiliate program affiliate.

The prohibition of sending unsolicited advertising ("spam") is to be observed when sending e-mails containing advertisements from providers. The unsolicited sending of e-mails with advertising content is prohibited. Before sending e-mails, it is therefore necessary to obtain consent of all respective recipients and to prove them in writing at Viselio's request.

5. Abuse

All forms of abuse, i.e. measures taken to achieve business transactions through unfair methods or unlawful means that violate applicable law, or these affiliate terms, are prohibited.

In particular, the affiliate is prohibited from attempting to obtain the commission by ordering or pretending to order third-parties themselves or by appointing them. In particular, the following practices constitute an abuse:

A) the pretense of business transactions that have not actually taken place, for example, by specifying strangers or providing false or non-existent data when ordering products or on-line registrations;

B) use of forms of advertising which enable tracking but do not display the advertising material, are not perceptible or are not shown in the given form and/or size; or

C) use of terms legally protected by the provider or third-parties, in particular trademarks, in search engines, advertisements, or the advertising space without the express prior written consent of the provider.

Any form of abuse will result in an immediate ban on the affiliate account. Within one month of suspension, opposition may be filed in text form in order to clarify the facts. If the facts cannot be clarified in favour of the affiliate, Viselio will pronounce the termination.

The affiliate is not entitled to remuneration for transactions that have been misused.

6. Commission

The affiliate receives a commission from Viselio for each successful deal. The remuneration is normally 10-15% of the sum of: a) Viselio Service Fee, b) Photo Service, c) Invitation and d) Insurance. By a seperate agreement, the commission may also be different.

Entitlement to the payment of the commission only arises under the following conditions:

A) a transaction has been concluded through the affiliate's advertising activities,
B) the business transaction has been recorded by Viselio ("tracked"),
C) the financial statements have been confirmed by Viselio,
D) the conclusion of the transaction has not been reversed by legal measures (e.g. revocation, withdrawal); and
E) there is no misuse within the meaning of these affiliate terms and conditions, or valid jurisdiction.

Viselio will generate a billing every 15 days after the end of a quarter (end of March/June/September/December) and send it to the affiliate partner by e-mail. Thereafter, the commission will be transferred within 2 weeks.

The commission will not be paid in any case until a minimum number of three sales have been sent to different customers and the commission is at least CHF/EUR 25.00 net. A cancellation of all commissions of the affiliate takes place no later than twelve (12) weeks after the termination of the contractual relationship between the affiliate and Viselio. In addition to commission payment, there is no further entitlement to the reimbursement of expenses and costs, or anything similar.

7. Duration and Termination

The agreement to participate in the affiliate program will be closed for an indefinite period. The parties may terminate in writing at any time.

Business deals, which were mediated by the time of termination via the advertising space, will be settled after receipt of the notice in compliance with the provisions of § 6. Any remaining balance will be paid to the affiliate with the termination of the contract. Any funds under CHF/EUR 25.00 will be withheld in the event of termination.

Upon termination of participation in the affiliate program, the records stored with the registration will be completely deleted after the expiry of the legal retention period. If the affiliate has been terminated due to misuse pursuant to § 5, the balance will be withheld.

8. Termination of Participation by Viselio due to Inactivity; Limitation Period

If no commissions have been credited to the affiliate account for a period of two (2) years after registration, Viselio reserves the right to close it and to delete the registration. Re-registration is possible.

The entitlement to payment of commissions shall be barred within three (3) years, beginning with the end of the year in which they were credited to the account.

9. Data Protection

The protection of personal data is of great importance to Viselio – at the same time, the collection, processing and use of such data is an essential prerequisite for the provision of services. Viselio collects, processes and uses personal data exclusively in compliance with applicable legal data protection regulations.

Viselio also uses contact information to contact the affiliate, via e-mail, in connection with the affiliate program.

Any processing and use of the affiliate's personal data for purposes other than those stated in these terms shall only be made on the basis of the affiliate's expressly granted consent or a legal provision, which Viselio allows use of.

The affiliate can obtain information about data stored at Viselio via the usual contact possibilities, or by request via hello@viselio.com.

10. Rights of Use

The information and data gained in the course of participating in the affiliate program may only be used in connection with the use of the affiliate program. The affiliate partner is prohibited from passing information on to third-parties and using it for other purposes. An exception is the disclosure to sub-affiliates.

The provided advertising material and its source texts may not be visually, content-wise, or technically altered or otherwise edited without Viselio's prior consent.

The services, the affiliate program, and its applications are protected by copyright and other legal provisions.

Viselio grants the affiliate the revocable, non-exclusive, non-transferable right to use the advertising material, applications, and data contained in the affiliate program in accordance with general laws only in the course of participating in the affiliate program. Upon termination of the contract between Viselio and the affiliate, irrespective of the reason, the aforementioned rights of use shall lapse.

No other rights of use are granted to the affiliate. The affiliate is not entitled, with the exception of forwarding specific purpose required data to sub-affiliates, to forward the application made available to him and the data contained therein, in whole or in part, to third-parties, or to allow third-parties to access it.

In any case, the affiliate is not permitted to modify advertising material or the applications made available to it, or otherwise to process it, to transfer it to other forms of work, or to create and/or use its own database and/or an information service.

11. Exemption in Case of Breach of Contract

Compliance with these regulations is of major importance for the operation of the affiliate program. In addition to termination, Viselio reserves the right to take further legal action in the event of significant violations.

If the affiliate partner or its sub-affiliate violates these provisions, and Viselio is legally seized by a third party as a result of this breach of contract, Viselio is entitled to demand the payment of all costs and expenses from the affiliate partner on first request of offense that arises. This includes, in particular, compensation for damages or expenses to third-parties in order to defend against claims of third-parties and other damages.

12. Liability and Limitation of Liability

Viselio is responsible for the content of third-party websites, for damages or other faults which are based on the faulty or incompatible the software or hardware of the providers or affiliates, as well as for damages due to the lack of availability or malfunctioning of the Internet.

Moreover, irrespective of the legal basis, liability is only:

A) in case of intent and gross negligence of a legal representative of a senior employee or another vicarious agent,
B) in the event of any culpable breach of a material contractual obligation (the term "essential contractual obligation" abstractly describing such an obligation, the fulfillment of which makes the orderly performance of the contract possible in the first place, and whose compliance the other party may regularly rely on).

Liability for property and property damage is limited to the amount of typically foreseeable damage.

The aforementioned limitations of liability do not apply in cases of mandatory legal liability, in particular in accordance with the Product Liability Act, in the case of a guarantee and in the case of culpable injuries to life, body and health.

13. Change of Affiliate Terms and Conditions

Viselio reserves the right to change these affiliate terms and conditions at any time and/or to adapt them to changing circumstances. Viselio will inform the affiliate about such changes at least 4 weeks before the planned entry of changes comes into force.

If the affiliate does not object within 4 weeks from the date of receipt of notice and the use of services continues after the end of the opposition period, the changes shall be deemed effective after the expiration date.

14. Exercise of Rights by Third-parties, Acceptance of Contract

For the purpose of fulfilling the contract and exercising Viselio's rights under this contract and the law, Viselio may use other companies and service providers as vicarious agents.

Viselio is entitled to transfer all or part of his rights and obligations from this contractual relationship to a third-party with an announcement period of 4 (four) weeks.

15. Final Provisions

The affiliate partner may transfer rights and obligations under this agreement only with the consent of Viselio to third-parties.

The Swiss Confederation law applies to these general terms and conditions and the entire legal relationship between Viselio and the affiliate partner.

Place of jurisdiction for all disputes arising out of and/or in connection with the contractual relationship between Viselio and the affiliate terms and conditions is Berne (Switzerland).

If individual clauses of these affiliate terms and conditions should be wholly or partially invalid, the validity of the remaining provisions remains unaffected. The ineffective provision shall be deemed replaced by a provision which usually comes closest to the meaning and purpose of the invalid provision in a legally effective manner. The same applies to possible loopholes in the regulation.

The relationship between the end-customer and Viselio is governed by separate terms and conditions. These must be accepted by the end-customer at the conclusion of the contract.

Bern, January 2018