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Terms & Conditions of the QIAGEN Partner Marketing Program of QIAGEN GmbH (“QIAGEN”)

    IF YOU (THE “PARTNER”) FAIL TO COMPLY WITH THE FOLLOWING RESTRICTIONS, AT OUR SOLE DISCRETION, YOU WILL FORFEIT COMMISSIONS OTHERWISE EARNED DURING ANY PERIOD OF NON-COMPLIANCE AND WE MAY, AT OUR SOLE DISCRETION TERMINATE THIS AGREEMENT WITH IMMEDIATE EFFECT.

    PLEASE NOTE THAT THESE TERMS ARE SUBJECT TO CHANGE BY QIAGEN IN ITS SOLE DISCRETION AT ANY TIME. When changes are made, QIAGEN will make a new copy of the Terms and Conditions available at the QIAGEN website or via email. QIAGEN will request that you assent to the updated terms, provided that if you do not assent to the updated terms, then you may decline and your participation in the QIAGEN Marketing Partner Program (the “Program”) will terminate immediately. Otherwise, your continued active participation in the QIAGEN Marketing Partner Program constitutes your acceptance of such change(s).

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    1) General Information: Partners will receive a confirmation email containing QIAGEN’s Terms & Conditions as well as information about the commission model after their approval. The whole range of QIAGEN products is participating in the Partner program.

    2) Commission Rates: Partners can earn up to 10% commission for all valid transactions. Approved Voucher sites or professional sellers will earn 5% commission for all valid transactions. For the process of commission payout, self-bill invoicing applies. Commission is paid out inclusive of any applicable discounts, and exclusive of shipping . We shall have the sole right and responsibility for processing all orders made by end-customers through the QIAGEN web-shop. You acknowledge that all agreements relating to sales to Customers shall be between us and the End-Customer. We reserve the right to decline any commission for any reason. Reasons for declined commissions will be provided by us to you electronically or in writing. Commissions will not be awarded to you if you are offering cash back or loyalty points to customers. Commissions will be kept track of in Euro but be paid out in local currency of the partner. Maximum commission per individual sale is capped at 150€. The currency risk rests with the partner and the payout limit is set to 250€. The minimum order value is set to 300€. All orders with a total value below this limit will not be validated.

    3) Provided material: Any material (like banners, logos, text links) provided by QIAGEN to you should be used on “as is” basis and under no circumstances changed or modified. In case of changes to QIAGEN’s corporate identity, Partners shall exchange the ad materials on their website with the newest ones without undue delay and within 4 weeks after the announcement at the latest.

    4) Keyword bidding and use policy: Without limiting the generality of the foregoing, You will not purchase or bid for placement of “QIAGEN”, any variation thereof (including, but not limited to, abbreviations, misspellings, stringing of the name QIAGEN), and any other trademarks of the QIAGEN group of companies within any third party search engine or shopping portal including, but not limited to, Bing, Yahoo, Google, and Ask. Additionally, you will not pay third parties for placement in search engines or shopping portals on the basis of your use of our name. You agree not to engage in any paid advertising that utilizes any keyword or search term that contains a trademark, service mark or brand name of any of our suppliers or of our competitors for the purpose of directing visitors to the QIAGEN site(s) without our prior written consent. Finally, any search arbitrage is prohibited. Breaches of this clause shall be considered material breach of this agreement.

    5) Cybersquatting Policy: You agree that you will not deploy any so-called fat finger domains or typosquatters redirecting web traffic directly or indirectly to your Site. A fat-finger or typosquatter domain is any domain that amounts to a misspelling of any registered or unregistered QIAGEN trademark, examples of which include but are not limited to: www.giagen.com, www.quagen.com and so forth. You will not place the word “QIAGEN” or any variation or close spelling of the word, in your site URL to the left of your top-level domain name or sub-domain such as, for example only: QIAGEN.Yourdomainname.com. You will not represent your site as our official site or make similar visual and/or text representations. You will not frame your site so as to appear as if visitors are both on your site and our site and in any way that is confusingly similar to our site, as determined in our sole discretion. Breaches of this clause shall be considered material breach of this agreement.

    6) Email & SMS Marketing: You may not do any of the following unless you first obtain in advance our written permission, which may be withheld in our absolute discretion: (i) generate or send any email messages or other electronic messages (including text or SMS messages or any other messenger services including but not limited to WhattsApp) using or containing QIAGEN, trademarks of ours or any variation thereof, Product descriptions, or any of the Required URLs or Content; (ii) send any email or other electronic message that in any way suggests or implies or misleads or is likely to mislead (including without limitation, via the return address, subject heading, header information or message contents) a recipient into believing that QIAGEN or any related entity was the sender or sponsor of such email or procured or induced You to send such email; (iii) forward, redistribute, or otherwise repurpose any email communications or newsletters or other electronic messages that QIAGEN sends to its Partners and/or customers; or (iv) generate or send any unsolicited email (spam) under this agreement. Requests to do any of the foregoing must be made in writing and sent to us. These prohibitions are in addition to, and not in place of, all prohibitions and restrictions that apply elsewhere in this agreement, and under any agreement between You and our Partner network, as well as all prohibitions and requirements under all applicable laws and regulations. Breaches of this clause shall be considered material breach of this agreement.

    7) SEA Framework: Paid listing on search machines is allowed, however the brand name ‘QIAGEN’ and all of its misspelled derivatives as well as any registered brand name of QIAGEN cannot be considered as possible keywords. The following keywords need to be placed in the negative word section of your SEA tool:

    Click here to view negative keyword section.

    Breaches of this clause shall be considered material breach of this agreement.

    8) SEO Framework: QIAGEN ads must never be placed in a surrounding of violence, pornography or far-fetched biological context. Violators will be dismissed as Partners immediately and the agreement terminated for cause. Furthermore, our provided advertising material should not be placed in pure advertising websites like doorway pages, under construction websites, link farms – that contain minimal content. The so-called "Black Hat" SEO techniques like keyword stuffing, hidden text or hidden links, doorway pages and cloaking, link farms and blog spam are strictly forbidden. However, further SEO actions that improve the organic ranking of the publisher can be taken. Breaches of this clause shall be considered material breach of this agreement

    9) Promotional Codes: You may not utilize any voucher or promotion code on your site that has not been provided to you through our Partner Network electronically or in writing. All QIAGEN promotional activity should not be advertised anywhere prior to the start date of activity, unless outlined directly by QIAGEN or our Partner Network. Failure to comply may result in exclusion from the program. The Partner may only use promotional codes that are explicitly assigned to him by QIAGEN electronically or in writing. Breaches of this clause shall be considered material breach of this agreement.

    10) Partner restrictions & anti-fraud policy: Partners should never refer to our website via PopUps, PopUnders, Frames, iFrames but always call QIAGEN’s webshop on top of their page or to a blank new window or tab (allowed html attributes: target = {_blank or _top}). Blind networks are disallowed as well. Clicks should express genuine user interest on our website. Therefore, forced clicks are prohibited. The same applies for direct redirects by redirect or meta-refresh. Paid clicks and nonstop forwarding are disallowed as well. Cashback, Voucher Sites and Price Comparison Partners will be approved on a case by case basis. Please get in touch with our Account Manager if you have any questions on this.

    11) Missing Transaction Queries: Any missing transaction enquires, need to be raised within a two
    (2) month period of when the sale occurred. Any missing transaction enquiries raised after such two
    (2) month period shall be deemed as unpayable to the partner.

    12) Limitation of Liability: QIAGEN shall be liable in accordance with the statutory provisions for damages and reimbursement of expenses which were caused by intentional misconduct or gross negligence of QIAGEN’s legal representatives or management employees, for fraudulently non-disclosed defects, for personal damages, for initial impossibility insofar as QIAGEN had known or should have known of the initial impossibility at the time of the conclusion of the contract. QIAGEN shall be liable for damages and reimbursement of expenses in the amount of the typical and foreseeable losses resulting from negligent violations of QIAGEN’s essential contractual obligations or fundamental obligations and for damages caused by QIAGEN’s employees as a result of gross negligence or intention without violating essential contractual provisions or fundamental obligations. As used herein, ”fundamental obligations” shall mean such obligations the fulfilment of which is a prerequisite for the transaction of this agreement and which are trusted to be complied with by you or on the fulfilment of which you may regularly trust. Otherwise, any liability of QIAGEN shall be excluded.

    13) Termination: Either party may terminate this agreement at any time, for convenience, provided that they provide at least a three (3) month prior written notice of such termination to the other party. In addition, either party may terminate this agreement in the event the other party has materially breached this agreement. Termination of this agreement shall also terminate any outstanding Engagements. . In case of termination for cause, the Partner shall be entitled to commissions actually earned up to the date on which Partner receives the notice for termination.

    14) Data Privacy: All data will be stored on EU-servers and underlie EU-Law and jurisdiction.

    15) Place of Performance, Applied Law and Venue: Place of performance and payment shall be Hilden, Germany. This agreement shall be construed and interpreted in accordance with the laws of Switzerland, without giving effect to conflict of law provisions. Notwithstanding any other provision under this agreement, the parties to this agreement submit to the exclusive jurisdiction of the Zurich courts.

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    With your application to the Program, you declare that you have read, understood and accepted the Terms and Conditions of use.

    In case of violation of these rules, we reserve the right to terminate the partnership immediately. Further, all open claims for commission payments will invalidate.

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    Should you have any questions for further information, please contact the Partner Marketing Team of QIAGEN.

    We look forward to successfully collaborating with you!

    Kind regards,

    The QIAGEN Partner Marketing Team

    E-Mail: partnermarketing@qiagen.com

    State: September 2016