In case of dispute, the German version of this page prevails — .
Partner Programme Terms
Draft. These Partner Programme Terms have not yet been reviewed by a lawyer and are not binding legal advice. The final version will follow before the partner programme launches.
Scope
These terms govern the relationship between you as a health professional ("Partner") and Vitalmyn as the operator of the partner programme. They apply from your confirmation and for the entire duration of your participation.
Vitalmyn is the seller of the products: Vitalmyn concludes the purchase contract with the patient, issues the invoice and ships the goods. You sell nothing and issue no invoice. The terms for patients are set out in the Terms and Conditions.
[DRAFT — The relationship to the Terms and Conditions and to individually agreed conditions is still to be clarified.]
Your service
You put together a Protokoll (your written recommendation: products, dosage, duration) for your patients: which products, in which dosage, over which period. That decision is your professional decision and remains so.
[DRAFT — Professional duties of care and the boundary with practising Heilkunde (the healing professions regulated under German law) will be worded by our legal advisers.]
Your reward
Vitalmyn sets a margin for each product. You divide this margin between a discount for your patient and your own reward; you decide the split. Your reward is calculated on the discounted price and recorded per line item. Shipping costs do not earn a reward.
The rates that apply to an order are fixed on the order at the moment of purchase. A later change to the rates does not apply retroactively to orders already completed.
For returns, cancellations and refunds, the reward for the affected line items lapses.
[DRAFT — The level of the margin, the permitted discount range and the handling of partial returns are to be set commercially.]
Payout
Settlement is monthly. Vitalmyn issues a Gutschrift (self-billed credit note) for the reward earned in the settlement period and pays the amount by SEPA transfer to the account you have provided.
[DRAFT — The settlement date, the minimum payout amount, the holding period until the withdrawal period has expired and the VAT treatment of the Gutschrift are to be clarified. The tax exemption for healing-profession services does not cover a reward from the partner programme.]
Transparency towards your patients
The fact that you are rewarded for recommendations from the partner programme is disclosed to your patients in the Protokoll. You may not remove, shorten or obscure this disclosure.
[DRAFT — The exact disclosure text is a matter for our legal advisers (§5a UWG, German Act against Unfair Competition).]
Your declaration
You declare that the information about yourself, your qualifications and your practice is true and complete, that you are actually permitted to carry out the activity you have stated, and that you will report any changes without delay.
You further declare that you will only create Protokolle within the scope of what you are professionally and legally permitted to do.
Your patients' data
When you enter a patient's data into Vitalmyn — name, delivery address, telephone number — you warrant that they agreed to it before you entered it. You confirm this explicitly in the Protokoll.
You remain responsible for your own patient documentation. Vitalmyn processes the data you enter here as an independent controller, for shipping and invoicing the order — not on your behalf.
[DRAFT — The allocation of responsibilities (Art. 26 / Art. 28 GDPR) is a matter for our legal advisers.]
Changes to these terms
We will notify you of changes to these terms in your account. The amended terms apply only once you have confirmed them again; until then, the version you last confirmed continues to apply.
[DRAFT — The notice period and the consequence of not confirming again are to be set commercially and legally.]
Termination
Your account will only be suspended, or your participation refused or ended, with a statement of reasons communicated to you. The statement names the reason and the underlying facts.
[DRAFT — Notice periods and the effect on Protokolle already created and on reward not yet settled will follow.]
The terms for patients are set out in the Terms and Conditions.