(1) We, the Wilderness International Foundation, Grundstraße 1, 01326 Dresden, Germany, allow third parties to design the content of partner sites activated by us on our domain https://wilderness-international.org/ in order to raise donations for our benefit.

(2) The use of our platform is governed exclusively by these General Terms of Use for Partner Sites (hereinafter "Partner Site Terms"), unless otherwise contractually agreed in individual cases. Any deviating general terms and conditions of users are expressly rejected.

(3) The operation of partner sites is reserved exclusively for entrepreneurs (§ 14 BGB), legal entities under public law or special funds under public law. Consumers (§ 13 BGB) are excluded from operating a partner site.

(4) Any legal relationships between visitors to our website and partners are governed by the separate contracts that may be concluded between them.

For the purposes of these General Terms and Conditions of Use:

• "Visitors" are persons who access the Internet pages of our platform;
• "Partners" are third parties whom we authorize to operate a partner site;
• "Partner site" means a sub-page for which the respective partner is responsible in terms of content and which has a URL comparable to https://wilderness-international.org/PARTNERSEITENNAME, with "PARTNERSEITENNAME" replaced by the actual name of the partner site.

(1) In accordance with the following provisions and to the extent described therein, we provide the technical requirements for the use of a partner site by the partner.

(2) We provide the Partner with access to the administration of the Partner Site (hereinafter "Partner Access").

(3) Data communication with our website is carried out by the partner through independent online access, for example via the web browser or a corresponding app.

(4) The details regarding the administration of the partner pages are described at the appropriate place in the partner access. We are entitled to independently carry out updates and extensions to our range of services with regard to partner access at any time, insofar as this is reasonable for the partner.

(5) We are entitled to have our services provided by third parties.

(6) As long as the use of Partner Access is free of charge, the Partner shall have no claim against us for the maintenance of Partner Access. We reserve the right to discontinue toleration in accordance with sentence 1 at any time without prior notice and without the need for termination in accordance with § 10.

(1) The use of partner access requires permanent registration. In this respect, we approach potential partners and create their partner access in the system if they are interested.

(2) If we have created the partner account in the system, the partner will receive an invitation by e-mail. This confirmation of access constitutes an offer to register. At the same time, the e-mail address can be verified. By completing the registration process (i.e. clicking on the corresponding link in the invitation e-mail and accepting these partner site terms and conditions, the order processing and acknowledging the data protection provisions), a contract for registration as a partner is concluded. 

(3) The contract content is stored by us for the duration of the fulfillment of the contract (legal basis for this is Article 6 (1), sentence 1, lit. b) GDPR), subordinately for the fulfillment of our (in particular tax) legal obligations (legal basis Article 6 (1), sentence 1, lit. c) GDPR) and, in the case of the entry of content, for the duration of an existing consent (legal basis is then Article 6 (1), sentence 1, lit. a) GDPR).

The content of the contract is also sent to the partner with the confirmation email and can be sent in text form as a copy on request in the event that the partner loses their documents. 

(4) We expressly point out that donations via the partner site may only be collected for the benefit of the Wilderness International Foundation.

The partner is solely responsible for compliance with the legal provisions for site operators (such as imprint obligations and data protection law). He is the operator of the partner site within the meaning of § 5 DDG. 

(1) In order to ensure the proper course of use, the Partner shall be subject to the following duties of conduct, non-compliance with which may lead to disadvantages for the Partner - in particular to termination and the assertion of claims for damages by us or third parties.

(2) The partner is obliged:

1. to provide truthful information on its partner site,
2. to correct the stored data immediately in the event of a subsequent change,
3. ensure that the user name and the corresponding password are not made accessible to third parties,
4. to prevent any use of the partner site by third parties,
5. to refrain from using automatic presetting functions for the password,
6. to inform us immediately at contact@wilderness-international.org if the password or the partner site has been misused or if there are indications of imminent misuse,

(3) When using the Partner Site, the Partner may not act in an abusive or immoral manner or in contravention of existing laws or the rights of third parties. This includes the following obligations:

The Partner warrants that the data uploaded to the Partner Site does not violate statutory provisions on the protection of minors, general personal rights or the right to one's own image or other property rights, such as trademark, company and copyrights of third parties. The Partner must therefore check before each text entry and before uploading files whether the necessary rights to these (e.g. to a text, photograph, image, graphic, video, piece of music, sample) are present. In the case of photographs and videos, the Partner must also check whether the persons depicted have given the necessary consent. The Partner shall refrain from feeding in data with immoral, discriminatory, racist, extremist or religiously offensive content. The Partner shall comply with the legal requirements of data protection and data security.

(4) Should the Partner violate any of the ancillary obligations under paragraphs 2 and/or 3, we shall be entitled, at our discretion, to temporarily block and/or delete the affected content with immediate effect and/or temporarily or permanently exclude the Partner from the offer and/or terminate the Partner's contract without notice. The same applies if we are informed by third parties that there has been a breach of the obligations contained in paragraph 3, unless the third party's assertion is obviously incorrect.

(5) If the Partner breaches the above obligations, it must compensate us for any resulting damage or indemnify us against any third-party claims, unless it is not responsible for the breach of duty.

(1) In the event that the partner itself enters content into the partner site to which it is entitled to copyrights or other property rights, we shall be entitled for the duration of our service provision to those acts of exploitation which correspond to the purpose of providing a partner site.

(2) The data contained in the website https://wilderness-international.org/ is subject to copyright protection. The Partner is therefore not permitted to utilize this data beyond the use granted by the rights holder in the individual case, i.e. in particular not to reproduce and/or make publicly accessible and/or distribute it, regardless of whether in original or edited (§ 23 UrhG) form. This also applies in particular to our rights as a database producer pursuant to §§ 87c ff. UrhG. The repeated and systematic duplication, distribution or public reproduction of the contents of our website runs counter to the normal exploitation of our database and impairs the legitimate interests of the Wilderness International Foundation. We also reserve the right to text and data mining within the meaning of Section 44b UrhG and at the same time clearly object to the use of our data provided via our website for the purpose of AI training. 

(3) The partner also wants to address the importance of rainforests and biodiversity for the climate over a longer period of time and emphasize the urgency of their conservation wherever possible. The partner presents the work of the Wilderness International team in a transparent, comprehensible and always truthful manner. Wilderness allows the partner to use the foundation name, the texts, photos and graphics provided by Wilderness International on its own website under "Partner Info Hub" (https://wilderness-international.org/partner/infohub) as part of its own reporting, on the partner page and to promote it via social media. In this respect, the editorial and graphic adaptation of the content by the partner is also permitted (e.g. translations, shortening of texts for various social media services, adaptation of graphic formats for output on third-party platforms). The permission extends exclusively to communication relating to any commitment of the partner for the purpose of environmental protection and in particular forest protection with recourse to the work of Wilderness International (e.g. sponsorships). A granting of rights (license) is not associated with this, but merely a (non-transferable) permission under the law of obligations. The partner shall observe copyright law. 

(1) In deviation from Section 536a BGB, we shall only be liable for damages if we are responsible for the defect, even if a defect already exists when the contract is concluded. In addition, we shall only pay compensation for damages or reimbursement of futile expenses, regardless of the legal grounds (e.g. from legal and similar obligations, breach of duty or tort), to the following extent:

• a) Our liability in the event of intent or under guarantee remains unlimited.
• b) In the event of gross negligence, we shall be liable in the amount of the typical damage foreseeable at the time of conclusion of the contract, unless it is a breach of such an essential obligation, the fulfillment of which makes the proper execution of the purpose of the contract possible in the first place and on the observance of which the entrepreneur may therefore regularly rely (so-called cardinal obligation), 
• c) If we breach a cardinal obligation through simple negligence, we shall only be liable to the extent of the damage typically foreseeable for us at the time the contract was concluded.
• d) However, if we are in default with our performance, we shall also be liable for coincidence, unless the damage would also have occurred if performance had been made on time.
• e) In all other respects - unless otherwise regulated above - liability on our part for simple or minor negligence is excluded.

(2) We reserve the right to object to contributory negligence. The Partner is obliged to back up data in accordance with the current state of the art.

(3) Insofar as our liability is excluded or limited, this shall also apply to the personal liability of our employees, representatives and vicarious agents.

(4) The above paragraphs of § 8 (liability clause) shall not apply in the event of injury to life, limb or health and in the event of claims under the Product Liability Act.

The partner can delete his profile at any time and without giving reasons. This does not apply if he has started a campaign and this is currently being carried out or the partner page is necessary for the handling of a campaign after its end.

(1) The contract for the use of our partner sites is concluded for an indefinite period. It may be terminated by either party with one month's notice to the end of the calendar month.

(2) If a campaign for the collection of donations is still running at the time of termination, the monthly period for ordinary termination by the Partner shall be extended by the duration of the campaign plus any periods necessary for the processing or, if applicable, reversal of donations, but over which we have no influence.

(3) The right to terminate for good cause remains unaffected.

(4) Terminations must be declared in at least text form.

(1) We are entitled to change the content of these General Terms of Use.

(2) In this case, we shall notify the Partner of the proposed amendment in text form (e.g. by e-mail), stating the reason and the specific scope. The changes shall be deemed to have been approved by the Partner if the Partner does not object to them in at least text form. We will specifically draw the Partner's attention to this consequence in the notification letter. The objection must be received by us within six weeks of receipt of the notification of the change. If the partner exercises his right of objection, the change request is deemed to have been rejected. The contract will then continue without the proposed changes, but may be terminated by either party at any time without notice.

(1) The law of the Federal Republic of Germany shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods. 

(2) The place of performance and jurisdiction for all disputes arising from and in connection with this contract shall be Dresden, Germany, for contracts with merchants, legal entities under public law or special funds under public law.

Status: October 2024