1. Program Overview

The Viobean Partner Program ("Program") allows content creators and influencers ("Partners") to earn commissions by referring new users to Viobean, an AI-powered German exam preparation platform.

These Partner Program Terms ("Partner Terms") constitute a binding agreement between you ("Partner", "you") and Phuong Linh Pham – Viobean ("Viobean", "we", "us"). By submitting a partner application, you confirm that you have read, understood, and agree to these Partner Terms.

Participation in the Program requires approval by Viobean. We reserve the right to accept or decline applications at our sole discretion.

2. Commission Structure

Partners earn a commission on successful referrals:

Commission rate: 20% of the net payment (after discount) on the first payment only per referred user.
Hold period: Each commission enters a 15-day hold period after the referred user's payment. During this period, the commission status is "Pending".
Approval: After the hold period, commissions that have not been reversed are automatically approved.
Minimum payout: A minimum accumulated balance of €10.00 is required before a payout is processed.

Commissions are only earned on the first payment made by a referred user. Subsequent payments (renewals, upgrades, add-ons) by the same user do not generate additional commissions.

Localized pricing: Viobean offers localized pricing in 40+ countries, aligned with Apple App Store pricing guidelines. Subscription prices vary by region and currency. Commission amounts are calculated based on the actual payment amount received in EUR after currency conversion, which may differ from the standard EUR list price.

Upon acceptance into the Program, each Partner receives a unique promotional code ("Promo Code"). This code provides referred users with a 20% discount on their first Viobean subscription payment.

Promo Codes are for the Partner's personal promotional use only and may not be shared with other affiliates, posted on coupon or deal websites, or used in any misleading context. Viobean reserves the right to deactivate Promo Codes that are misused.

4. Pro Max Access

Active Partners receive complimentary access to Viobean Pro Max, which includes:

Full access to all features (Reading, Listening, Writing, Speaking, Grammar)
200 monthly credits (renewed each billing cycle)

Pro Max access is for your personal use only and may not be shared with others. It remains active for the duration of your partnership. If your partnership is paused or terminated, Pro Max access may be revoked.

5. Payout Terms

Method: Manual bank transfer to the IBAN on file in your partner profile.
Cycle: Payouts are processed monthly, around the 1st of each month.
Minimum balance: A minimum accumulated balance of €10.00 is required for a payout to be processed.
Currency: All payouts are in Euros (€).
Payout information: You are responsible for providing and maintaining accurate IBAN and mailing address information in your partner dashboard.

Payouts are only processed for approved commissions. Pending commissions (within the hold period) are not included in payouts.

6. Gutschrift (Self-Billing)

By participating in the Program, you agree that Viobean issues a Gutschrift (self-billing invoice) on your behalf for each payout, in accordance with §14 Abs. 2 S. 2 UStG.

The Gutschrift documents:

The commission services provided by the Partner (referral commissions)
The payout amount
The service period covered
A sequential Gutschrift number

By agreeing to these Partner Terms, you consent to the self-billing procedure. You must not issue your own invoice for the same services covered by a Gutschrift. If you wish to issue your own invoice instead, you must first object to the Gutschrift as described in Section 7.

7. Right of Objection (Widerspruchsrecht)

In accordance with §14 Abs. 2 S. 3 UStG, you have the right to object to any Gutschrift issued by Viobean.

Deadline: You may object to a Gutschrift within 14 days of receipt by sending an email to support@viobean.com.
Effect of objection: Upon objection, the Gutschrift is invalidated. You must then issue your own invoice for the same services.
Payment not affected: An objection does not affect the payout already transferred. The amount is not returned due to an objection to the Gutschrift format.

8. Commission Reversal

Commissions may be reversed under the following circumstances:

During hold period: If a referred user requests a refund or cancels within the 15-day hold period, the commission is automatically reversed before payout.
After payout: If a referred user receives a refund after the commission has already been paid out, Viobean reserves the right to offset the overpaid amount against future commission payouts.

The 15-day hold period exists specifically to reduce the risk of paying commissions on transactions that are subsequently refunded.

9. Kleinunternehmer Status (Germany-Based Partners)

This section applies to Partners based in Germany. By applying to the Program as a Germany-based Partner, you confirm that you are a Kleinunternehmer (small business operator) according to §19 UStG. This means your total self-employed revenue (from all freelance and business activities combined, not including employment salary) was below €25,000 in the prior calendar year and is projected to remain below €100,000 in the current year. Under this status:

No VAT (Umsatzsteuer) is charged on commission payouts.
Gutschriften issued by Viobean will include the Kleinunternehmer notice.

Note: Income from regular employment (salary) does not count toward the §19 UStG threshold. If you have a full-time job and earn commission from Viobean as a side activity, only your total self-employed income is relevant.

You must notify Viobean immediately if your Kleinunternehmer status changes (e.g., if your total self-employed revenue exceeds the applicable thresholds or you voluntarily opt for regular taxation). Failure to notify may result in incorrect tax documentation, for which you bear full responsibility.

10. International Partners (Non-Germany-Based)

This section applies to Partners based outside of Germany.

No German VAT: The Kleinunternehmer provision (§19 UStG) is a German tax status and does not apply to you. No German VAT is charged on your commission payouts. Gutschriften issued to you will reflect this accordingly.
Gutschrift procedure: Viobean issues a Gutschrift (self-billing invoice) on your behalf for each payout, as described in Section 6. You do not need to send us an invoice.
Payouts: Commissions are paid in EUR via bank transfer to the account details in your partner dashboard.
Your local tax obligations: Any income tax, GST, or other tax filings required in your country of residence are your sole responsibility. We recommend consulting a local tax advisor.
Advertising disclosure: You must comply with all advertising disclosure laws applicable in your country (e.g., FTC guidelines in the US, ASCI guidelines in India). All promotional content for Viobean must be clearly identified as advertising or sponsored content, in accordance with your local regulations.

11. Tax Responsibility

You are solely responsible for your own tax obligations arising from commission income, including but not limited to income tax declarations and compliance with all applicable tax laws. Viobean does not provide tax advice. We recommend consulting a tax professional regarding your obligations.

12. Advertising Disclosure (Werbekennzeichnung)

As a Partner earning commission from referrals, you are legally required to disclose the commercial nature of your promotional content in accordance with the Medienstaatsvertrag §22 and UWG §5a (German Unfair Competition Act).

This means:

All social media posts, stories, videos, blog posts, and any other content promoting Viobean must be clearly labeled as advertising ("Werbung" or "Anzeige").
The disclosure must be prominent and immediately recognizable — not hidden in hashtags or buried at the end of a post.
This obligation applies regardless of the platform or format used.

Failure to comply with advertising disclosure requirements is a serious violation of these Partner Terms. Viobean reserves the right to immediately terminate the partnership if a Partner fails to properly disclose promotional content. Non-compliance may also expose the Partner to legal action under German competition law (Abmahnung).

13. Partner Obligations

As a Partner, you agree to:

Promote Viobean accurately and honestly. Do not make misleading claims about the platform's features, pricing, or results.
Not engage in spam, unsolicited messaging, or any promotional activity that could damage Viobean's reputation.
Not use paid advertising on brand terms ("Viobean") without prior written approval.
Comply with all applicable laws and regulations, including advertising disclosure requirements (see Section 12).
Maintain accurate personal and payout information in your partner dashboard.

14. Data Collection

As part of the Program, we collect and process the following personal data:

Bank account information (IBAN): For processing commission payouts.
Mailing address: For Gutschrift (self-billing invoice) documents as required by tax law.
Referral tracking data: Promo code usage to track and attribute referrals.
Application data: Name, email, social media links, audience size, and motivation provided during the application process.

Financial records (Gutschriften, payout records) are retained for 10 years as required by German tax law (Abgabenordnung §147). All personal data is processed in accordance with our Privacy Policy and applicable data protection laws (GDPR).

15. Termination

Termination for Cause

Viobean may terminate the partnership immediately and without notice in cases of:

Fraud or dishonest activity
Failure to disclose promotional content as advertising (violation of Section 11)
Material breach of these Partner Terms
Conduct that damages Viobean's reputation

In case of termination for cause, all pending (unapproved) commissions are forfeited.

Termination Without Cause

This agreement has no fixed end date and continues indefinitely until terminated by either party. Either party may terminate the partnership without cause with a 30-day notice period, communicated via email.

Approved commissions: All commissions with "Approved" status at the time of termination will be paid out as scheduled.
Pending commissions: Commissions still in the hold period will be evaluated on the normal schedule and paid out if approved.

After Termination

Upon termination, your Promo Code will be deactivated, Pro Max access may be revoked, and you must cease all promotional activity for Viobean. Financial records will be retained as required by law.

16. Liability

Viobean makes no guarantees regarding referral volume, commission amounts, or the commercial success of your participation in the Program. Participation is at your own risk.

Viobean's liability is limited to the amount of approved, unpaid commissions at the time a claim arises. This limitation does not apply to liability for intentional misconduct, gross negligence, or injury to life, body, or health as mandated by German law.

16. Modifications

Viobean reserves the right to modify these Partner Terms at any time. Partners will be notified of changes via the email address on file at least 14 days before the changes take effect. Continued participation in the Program after the effective date constitutes acceptance of the modified terms.

If you do not agree to the modified terms, you may terminate your participation before the changes take effect.

17. Contact

For questions about the Partner Program or these Partner Terms, contact us at:

Viobean
Oranienstraße 122
10969 Berlin
Germany
support@viobean.com

Partner Program Terms

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