HTC Partner Terms and Conditions and Conditions of Participation
The HTC Partner Portal (www.htcpartner.eu) is a service and marketing portal for business customers (hereinafter referred to as "Partners") who evidently sell telecommunications products to end customers.
In addition to other services, the HTC Partner-Portal offers a bonus system for registered partners. Partners with the appropriate authorisation can collect HTC devices sold with the upload of IMEI numbers as well as other activities in the HTC Partner-Portal HTC Coins (up to 15.03.17) or HTC Sales Points (from 16.03.17), hereinafter referred to as "Points", and use these for incentives or competitions for prizes. The participation conditions binding for partners of the HTC bonus system are separately defined from paragraph 6 onwards.
The HTC Partner-Portal (www.htcpartner.eu) is a service and marketing portal for business customers (hereinafter referred to as "Partners") who evidently sell telecommunications products to end customers. Partners with the appropriate authorisation can collect HTC Coins (until 15.03.17) or HTC Sales Points (from 16.03.17) (hereinafter referred to as "Points") with the upload of IMEI numbers of sold HTC devices and by other activities in the HTC Partner-Portal and use these for incentives or prize draws. The participation conditions binding for partners of the HTC bonus system are separately defined from paragraph 6 onwards.
Registration for the HTC Partner-Portal is done online via a form on www.htcpartner.eu. For successful registration, a digital copy of the excerpt from the commercial register must be uploaded when registering via the offered function, or any proof that telecommunications products are evidently sold to end customers.
Registration in the HTC Partner Portal will be confirmed by e-mail. With this confirmation e-mail, the HTC Partner receives his personal access data (user name and password) electronically. Neither HTC nor the agency commissioned to carry out this campaign shall be liable for any damage caused by the negligent handling of the access data or the passing on of the access data to third parties.
Registration at or deregistration from the HTC Partner-Portal is possible at any time. Cancellations can be issued by e-mail to email@example.com and are effective upon receipt. By sending the registration form, the partner accepts the terms and conditions as well as the conditions of participation in the HTC bonus system as binding.Only one registration per partner will be accepted.
The personal data associated with registration will be processed and used in accordance with the applicable data protection regulations for the purposes of implementing the program and for marketing activities within the framework of the HTC Partner-Portal. By registering at www.htcpartner.eu or through an HTC employee, the partner declares his consent to the storage and use of his personal data.
Data of private addresses as well as data which are not to be regarded as business will be deleted from the system irrevocably and without further notification. The Partner acknowledges that he may only enter business-related data into the system of the HTC Partner Portal.
HTC automatically sends newsletters to all registered partners of the HTC Partner-Portal. The newsletter can be cancelled at any time via the corresponding link in the newsletter.
After logging in with the access data received, the partner can change his password and e-mail address in the user account. Changes to the master data must be made by e-mail to firstname.lastname@example.org . The partner is obliged to notify any changes to the data provided during registration without prior request. If the Partner does not comply with this obligation, HTC may refuse access to its account and points until the update has been carried out.
There is no legal claim to participation in the HTC bonus system.
When registering with the HTC Partner-Portal, HTC will use this information to determine whether and in what form the partner is eligible to participate in the HTC Bonus System. If the Partner is entitled to participate, admission to the bonus system will be granted automatically upon registration with the HTC Partner-Portal.
HTC reserves the right at any time, including retrospectively, to reassign, redefine or withdraw the eligibility to participate in the bonus system, if any:
HTC reserves the right to reduce or cancel points already earned in the event of a subsequent change in the entitlement of the HTC partner. This also applies to prizes (items, points) awarded as part of an HTC Incentive or a lottery for which participation in the HTC Bonus System was a prerequisite. HTC reserves the right to exclude the partner from the HTC Bonus System altogether in any of the above cases, or to withdraw access to the HTC Partner-Portal and delete the existing account.
All HTC partners are eligible to participate in the bonus system provided that none of the restrictions set out in paragraphs 12 and 13 apply.The following groups are eligible to participate in the HTC Bonus System:
The following groups are not entitled to participate in the HTC bonus system:
The groups and the form of entitlement are explained separately in paragraphs 11-13.
Dealers, represented by their managing director (or manager or business owner), who work with HTC or sell HTC equipment to end consumers, and their employees are eligible to participate in the HTC bonus scheme.
A trader within the meaning of the HTC Partner-Portal is someone who can prove his commercial trading activity by means of an extract from the commercial register, who demonstrably sells telecommunications products or wishes to do so in the future and who can prove that he has shop premises.
The end consumer is anyone who uses his mobile phone for professional or private purposes and does not purchase the mobile phone for the purpose of reselling it in money or free of charge.
The IMEI upload is dynamically regulated; the staggering of points is listed in detail in on the HTC Partner-Portal.
Etailer are eligible to participate in the HTC reward system if they operate an online shop exclusively or in addition to a physical shop and sell the larger quantity of HTC products to end consumers. When uploading IMEI numbers, they will receive fifteen percent of the total points awarded, depending on the model.
If a company operates several shops that sell and distribute mobile devices according to the above definition, and the operator explicitly wishes to manage these shops via a "central office", the multiple-operator rule applies.The (non-)POS defined as the "central" gets the right to participate in the HTC Bonus System and receives 20 percent of the total points awarded depending on the model when uploading IMEI numbers. If, for whatever reason, the majority of the devices are not sold at the stored address, the multiple-operator rule also applies; in these cases, 20 percent of the total points awarded depending on the model are also awarded.
Wholesalers (distributors) of telecommunications products, ITK service providers and representatives of the press are not eligible to participate in the HTC Bonus System.
Employees of companies whose policy excludes participation in bonus and reward systems are also not eligible to participate in the HTC bonus system. The partner is obliged to inform himself independently about his eligibility to participate in bonus or reward systems in his own company. If the partner belongs to a company that has informed HTC of its specific policy, HTC does not grant any entitlement. HTC assumes no responsibility in the event that employees of such companies fail to provide such information when registering.
HTC grants eligibility to participate in the HTC Reward System to the best of its knowledge. HTC shall not be liable for any misallocation of eligibility in the event of inadvertent or intentional misrepresentation of data.
Partners eligible to participate can collect points via IMEI upload. These points are collected on the account and are visible for the partner at any time. Points are awarded to those who can prove that they have sold an HTC product to an end consumer by entering the IMEI number online in the bonus system.In addition, HTC may distribute points for promotions, sweepstakes, incentives or any other measures or services. The amount awarded is determined by HTC and can be changed at any time.
Points will only be awarded for IMEI numbers of devices from the D-A-CH region that were produced less than 12 months ago. The date of the upload applies.IMEI numbers are checked for validity after upload. If the IMEI number is invalid, too old or has already been uploaded, HTC is not obliged to credit the partner with the corresponding points. IMEI numbers that could not be successfully checked for validity after 30 days will be deleted from the system without giving reasons.
The respective amount of points awarded for individual HTC devices as well as the status of one's own points can be viewed by the partner and the employees of the commissioned agencies after successful registration by entering the user name and password. The account is updated after one or more IMEI numbers have been entered and checked.The respective value of the HTC devices or other services may vary. The current values can be viewed online in the Partner-Portal. HTC reserves the right to increase or decrease the number of points for HTC devices at any time or to remove certain devices completely from the list.
HTC reserves the right to invalidate any HTC Coins that have not been redeemed for any rewards or benefits 24 months after the date of generation. HTC also reserves the right to void any HTC Sales Points that have not been redeemed for an incentive, sweepstakes, or other benefits and products 12 months after they were generated. In the event that the entire bonus system is deactivated, all points will be forfeited without replacement.
In the event of abuse or attempted abuse, the partner will immediately expel from the HTC Bonus Program. This includes uploading fake IMEI numbers (e.g. an unusually high number of consecutive numbers). The points of the affected partner are forfeited.The partner undertakes to reimburse the equivalent value of a bonus if it is established through a subsequent check that the associated bonus points were not legally acquired. HTC reserves the right to take legal action in the event of fraud or manipulation.
If the points balance is sufficient, each partner is entitled to use this balance for a bonus or for a prize in an incentive or competition or to redeem it for services or products. The points can only be used within the HTC Partner-Portal. A cash payment of the acquired points is not possible. A transfer of the points to other partner accounts is excluded. There is no right to redeem points.
The legally binding ordering of premiums is carried out exclusively via the HTC Partner-Portal. The premium offers are revised regularly. In the event of short-term changes to the manufacturers or suppliers of the premium products, it is possible that products may also be removed from the shop at short notice. Should a product no longer be available or no longer be available in the desired form (colour, shape, etc.) after the order has been received, the partner will be informed accordingly. The partner then has the option of withdrawing from the order or ordering a slightly different product (e.g. a different colour). If he withdraws from his order, the points already deducted will be credited back. In the event of incorrect information or misuse, the partner is not entitled to compensation or replacement.
The premium order is processed within a short time. The delivery time depends on the logistics centre and the delivery service. The premium will be delivered to the partner's POS address provided when registering if no other option is given in the ordering process.In the event of damage to the premiums during transport, the statutory liability claims for defects shall apply. The partner may only return a gift in kind in the event of transport damage to be proven by the partner, a demonstrable article defect or a demonstrable wrong delivery. This requires the prior written contact of the Partner at email@example.com within 24 hours, stating the reason for the return, and the agency's declaration of consent to the return.
A return of the premium because of not liking is excluded. If a premium is returned, the partner is obliged to return the premium received in the original packaging. The packaging must be such that any new or additional damage caused by the shipment can be excluded.
Neither HTC nor the agencies involved accept any liability whatsoever for lost, damaged, misdirected or late submissions.
The warranty is valid from the date of delivery within the period and under the conditions specified in the manufacturer's product information. The warranty expires after the expiry of this period. Warranty processing takes place exclusively via the Partner-Portal. If the premium is resold, the warranty expires.
All partners are responsible for any costs, taxes, levies or dues incurred as a result of registering to participate and redeeming points. Any assignment to HTC and the participating agencies of any third party claim relating to a reward is prohibited. This notice does not constitute tax advice.
Errors, misprints and changes excepted. Legal recourse is excluded. Employees of HTC or its affiliates and their families are not eligible to participate in the HTC Bonus System.
Any complaints regarding participation in the bonus program or its management can be directed to firstname.lastname@example.org.
Neither HTC nor the agencies involved shall be liable for any technical difficulties of any kind whatsoever which may affect electronic communications or participation in the bonus system, except in cases of gross negligence or wilful misconduct on the part of HTC.
All affiliates are responsible and liable for their activities, including uploading any content to this site and participating in the bonus system. This includes uploading a virus or other dangerous component that could interrupt, destroy or limit the functionality of any computer software, hardware or telecommunications equipment; and uploading content that is defamatory, obscene or defamatory.
HTC reserves the right at any time to modify or discontinue, temporarily or permanently, this website or the bonus system, or any portion thereof, with or without notice to partner. This shall not give rise to any liability whatsoever to the partner or any third party.
HTC reserves the right to make changes or additions to the terms and conditions, information, awards or scores displayed at any time, as it deems necessary and as it does not unreasonably disadvantage the partner. German law applies. Responsible is HTC.
If individual clauses of the forthcoming regulations should be ineffective in whole or in part, the effectiveness of the remaining regulations remains unaffected. The ineffective provision shall be replaced by a provision which usually comes closest to the meaning and purpose of the ineffective provision in a legally effective manner. The same applies to any loopholes.
Effective: March 4, 2017