TERMS AND CONDITIONS FOR THE DHL FULFILLMENT NETWORK REFERRAL MARKETING PROGRAM

The term fulfillment refers to the entire process of order handling for a goods transaction - from order acceptance to delivery to the end customer. Fulfillment includes: 

• order acceptance
• storage of goods
• picking and packing the products
• dispatch of shipments
• returns management

In most cases, the fulfillment process is handled by specialized providers who offer online retailers a full-service solution. (These are then referred to as e-commerce fulfillment companies or e-commerce logistics companies.)

The terms e-commerce logistics and e-commerce fulfillment are somewhat narrower than “fulfillment” in that they exclusively refer to online businesses. The term “fulfillment” alone, on the other hand, also includes order fulfillment for physical stores, such as boutiques.

As the leading e-commerce logistics provider, DHL offers you numerous services for your web shop.

DHL Fulfillment Network is a standardized e-commerce logistics product specifically designed for B2B or B2C companies with orders of 1,500 or more per month. We help them to scale rapidly into new markets, all around the world.

1. Registration. Finder shall not be permitted to participate in the Affiliate Program until Finder has received notice of their admittance into the Affiliate Program. After receiving this form, DHL will review Finder’s registration and shall notify Finder via email, at the email address provided by Finder, whether Finder has been admitted into the Affiliate Program. Participation in the Affiliate Program is only open to residents of those certain countries listed in Exhibit A. DHL employees are not eligible to participate in the Affiliate Program. DHL reserves the right, in its sole discretion, to determine whether Finder will be admitted into the Affiliate Program. 
2. Affiliate Program. Upon admittance into the Affiliate Program, DHL invites Finder to act as a non-exclusive finder with respect to sales of DHL Services to Customers solely in accordance with these Terms. DHL may in its sole discretion engage any other person or DHL to sell the Services. DHL, at its discretion, may provide Finder with pertinent sales literature  and other materials which may be helpful to Finder in promoting DHL and the Services, such as the information available at DHL Fulfillment Network. Finder may share with prospective Customers the information contained on DFN Knowledge Hub or official DHL social media accounts. Finder shall not attempt to create any additional sales materials regarding DHL or the Affiliate Program and shall not hold themselves out as an agent or employee of DHL or as speaking on behalf of DHL. 
3. Submission of Customer Information. Upon admittance into the Affiliate Program, Finder will receive an acceptance email which contains Finder’s unique Affiliate Link. Finder may introduce Customers to DHL by sharing Finder’s unique Affiliate Link, through which Customers can contact DHL to request a quote (each Customer who contacts DHL through Finder’s Affiliate Link, a “Customer Referral”). Finder makes no representation or warranty about the creditability or suitability of any Customers introduced to DHL, and neither DHL, nor any of its directors, officers, or shareholders, should in any way rely on Finder to perform any due diligence with respect to the creditability or suitability of any Customer.

4. Finder’s Fee upon a Confirmed Referral. DHL agrees to pay to Finder compensation in a digital voucher of EUR 1.000 value (the "Finder's Fee") for each Customer Referral which is successfully converted to a Confirmed Referral (as hereinafter defined). A Customer Referral converts to a Confirmed Referral if, within 12 months of the date of Finder’s submission of the Customer Referral to DHL a) a sales contract is executed between such Customer and DHL and b) DHL begins to perform services for such Customer pursuant to the sales contract (“Customer Go-Live”). The prices, terms, and conditions under which DHL offers or sells the Services, or any other products or services, to Customer Referrals shall be determined by DHL in its sole discretion and shall have no effect on the monetary value of any Finder’s Fee due to Finder.  DHL shall have the authority to control all discussions and negotiations with Customer Referrals regarding any proposed or actual offering of Services. Nothing in these Terms shall obligate DHL to actually offer or sell any Services or consummate any transaction with any Customer Referral submitted by Finder. DHL may terminate any negotiations or discussions with any Customer Referral at any time, in DHL’s sole discretion, and has the right not to proceed with any sale of Services without any liability or obligation to pay compensation to Finder. DHL shall (a) notify Finder of the conversion of any Customer Referral to a Confirmed Referral within 30 days of the Customer Go-Live and (b) pay any Finder’s Fee earned by Finder pursuant to these Terms within 60 days of the date of conversion to a Confirmed Referral. Any such Finder’s Fees which are due and owing shall be paid to Finder on a preloaded card delivered via email, to the email address provided by Finder to DHL during the registration process. 

5. Customer Referral. By referring a Customer Referral to DHL through the Affiliate Program and pursuant to these Terms, Finder agrees not to submit the name of such Customer to any other entity or individual for the purposes of selling or soliciting services similar to or competitive with the Services for 12 months from the date of submission to DHL (the “Exclusivity Period”).  Notwithstanding the above, the Exclusivity Period shall terminate early upon DHL’s written notice to Finder that (i) the Customer Referral has been rejected by DHL or (ii) that the Customer Referral has failed to convert to a Confirmed Referral. In the event Finder violates this obligation, Finder shall be ineligible to participate in the Affiliate Program or receive any Finder’s Fee without a written waiver from DHL.   
6. Independent Contractor. Finder is an independent contractor of DHL, and neither these Terms or the Affiliate Program shall be construed to create any association, partnership, joint venture, employee, or agency relationship between Finder and DHL for any purpose. Finder has no authority (and shall not hold itself out as having authority) to bind DHL, and Finder shall not make any agreements or representations on DHL's behalf without DHL's prior written consent. Without limiting the above, Finder will not be eligible to participate in any vacation, group medical or life insurance, disability, profit sharing or retirement benefits, or any other fringe benefits or benefit plans offered by DHL to its employees, and DHL will not be responsible for withholding or paying any income, payroll, Social Security or other federal, state or local taxes, making any insurance contributions, including unemployment or disability, or obtaining worker's compensation insurance on Finder's behalf. Finder shall be responsible for, and shall indemnify DHL against, all such taxes or contributions, including penalties and interest. Finder shall be solely responsible for all costs or expenses that it may incur in the performance of its activities connected to the Affiliate Program. Any persons employed or engaged by Finder in connection with Finder’s participation in the Affiliate Program shall be Finder's employees or contractors, and Finder shall be fully responsible for them and indemnify DHL against any claims made by or on behalf of any such employees or contractors.
7. Trademarks. Finder acknowledges and agrees that DHL’s trademarks, logos and other branding (the “Trademarks”) are the sole and exclusive property of DHL, and that Finder shall not acquire any right to use or ownership interest in them or any other intellectual property rights of DHL under these Terms or through Finder’s participation in the Affiliate Program. Any goodwill derived from the use of the Trademarks inures to the benefit of DHL.
8. Confidentiality. All non-public, confidential, or proprietary information of DHL, including, but not limited to, specifications, samples, patterns, designs, plans, drawings, documents, data, business operations, customer lists, pricing, discounts, and rebates, disclosed by DHL to Finder, whether disclosed orally or disclosed or accessed in written, electronic, or other form or media, and whether or not marked, designated, or otherwise identified as "confidential," is confidential, solely for the use of participating in the Affiliate Program and may not be disclosed or copied unless authorized by DHL in writing. Upon DHL's request, Finder shall promptly return all documents and other materials received from DHL. DHL shall be entitled to injunctive relief for any violation of this Confidentiality provision. This provision shall not apply to information that is: (a) in the public domain; (b) known to the Finder at the time of disclosure; or (c) rightfully obtained by the Finder on a non-confidential basis from a third party.
9. Compliance With Laws and DHL Supplier Code of Conduct. Finder shall at all times comply with all applicable laws and regulations during and in connection with Finder’s participation in the Affiliate Program. Finder shall also at all times comply with the DHL Supplier Code of Conduct, which is subject to change by DHL without prior written notice at any time, in DHL’s sole discretion, and which can be found at https://group.dhl.com/en/about-us/code-of-conduct/supplier-code-of-conduct.html. 
10. Indemnification. Finder shall indemnify, hold harmless, and defend DHL and its parent, officers, managers, members, employees, agents, affiliates, successors, and permitted assigns (collectively, "Indemnified Parties") against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorneys' fees, the costs of enforcing any right to indemnification under these Terms, and the cost of pursuing any insurance providers incurred by the Indemnified Parties (collectively, "Indemnity Losses") relating to any claim of a third party arising out of or occurring in connection with (a) a failure by Finder to comply with any applicable laws or (b) any breach or default by Finder of these Terms. If Finder becomes aware of any claim, event, or fact that may give rise to a claim by an Indemnified Party against Finder for indemnification under this provision, then Finder, shall promptly notify DHL or the Indemnified Party, as applicable. The Indemnified Party shall give Finder control over the proceedings and shall reasonably cooperate in the investigation, settlement, and defense of such claims at Finder’s expense; provided that the Indemnified Party may, at its own expense, participate in such defense. Finder shall not enter into a settlement of such claim that does not include a full release of the Indemnified Party or involves a remedy other than the payment of money, without the Indemnified Party's consent. If Finder does not assume control over the defense of a claim as provided in this provision, the Indemnified Party may defend the claim in such manner as it may deem appropriate, at the cost and expense of Finder.
11. Limitation of Liability. In no event (a) shall either DHL or Finder be liable for consequential, indirect, incidental, special, exemplary, punitive, or enhanced damages, lost profits or revenues, or diminution in value of business arising out of or relating to any breach of these Terms, regardless of: (i) whether the damages were foreseeable; (ii) whether or not DHL or Finder was advised of the possibility of the damages; and (iii) the legal or equitable theory (contract, tort or otherwise) on which the claim is based; and (b) except for Finder’s indemnification obligations, shall the aggregate liability of either DHL or Finder arising out of or related to the Affiliate Program, whether arising out of or related to breach of contract, tort (including negligence), or otherwise, exceed the total of the amounts paid to Finder pursuant to the Affiliate Program in the one year preceding the event giving rise to the claim. 
12. Termination. DHL may terminate the Affiliate Program at any time for any reason by updating these Terms on the Site. DHL’s sole obligation in the event of termination shall be to pay any earned Finder’s Fee for a Customer Referral that became a Confirmed Referral prior to the date of termination. DHL also reserves the right to exclude any Finder or other third party from future participation in the Affiliate Program upon written notice to such Finder or third party. Under no circumstances will DHL be liable to any third party, including any Finder, for any compensation or damages which arise as a result of the termination of or any change to the Affiliate Program, including compensation for loss of profits or goodwill.
13. Privacy. DHL’s Privacy Notice and the DHL Group Data Privacy Policy, which are subject to change by DHL without prior written notice at any time, in DHL’s sole discretion, and which can be found at https://www.dhl.com/us-en/home/footer/privacy-notice.html, govern the processing of all personal data collected from Finder in connection with Finder’s participation in the Affiliate Program through the Site.
14. Governing Law and Jurisdiction. All matters arising out of or relating to these Terms are governed by and construed in accordance with the internal laws of the country in which the business being pursued that is the subject of any dispute is primarily located, without giving effect to any choice or conflict of law provision or rule that would cause the application of the laws of any other jurisdiction (the “Venue Country”). 
15. Waiver of Jury Trial and Binding Arbitration.
    (a)    DHL AND FINDER AGREE TO GIVE UP THE RIGHT TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY. ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN DHL AND FINDER ARISING FROM OR RELATING IN ANY WAY TO THESE TERMS OR THE AFFILIATE PROGRAM, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION. OTHER RIGHTS THAT FINDER MAY HAVE IF FINDER WENT TO COURT MAY BE UNAVAILABLE OR LIMITED IN ARBITRATION.
    (b)    Arbitration will be administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules and Mediation Procedures ("Commercial Rules"), including the International Commercial Arbitration Supplementary Procedures and the Supplementary Rules for Class Arbitrations. The arbitrator has exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or these Terms are void, voidable or otherwise invalid. The arbitrator is empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) is final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction. If any provision of this arbitration provision is found unenforceable, the unenforceable provision is severed, and the remaining arbitration terms will be enforced. The venue of any arbitration will be the Venue Country. 
16. Assignment. Finder may not assign any of Finder’s rights or delegate any of Finder’s obligations under these Terms without DHL’s prior written consent. Any purported assignment or delegation in violation of this provision is null and void. No assignment or delegation relieves Finder of any of Finder’s obligations under these Terms.
17. No Waivers. The failure by DHL to enforce any right or provision of these Terms does not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision is effective only if in writing and signed by a duly authorized representative of DHL.
18. No Third-Party Beneficiaries. These Terms do not and are not intended to confer any rights or remedies upon any person or entity other than DHL and Finder.
19. Notices.
    (a)    To Finder. DHL may provide any notice to Finder under these Terms by: (i) sending a message to the email address Finder provides, or (ii) posting to the Site. Notices sent by email is effective when DHL sends the email and notices DHL provide by posting are effective upon posting. It is Finder’s responsibility to keep Finder’s email address current.
    (b)    To DHL. To give DHL notice under these Terms, Finder must contact DHL by personal delivery, overnight courier or registered or certified mail to dfn-affiliate@dhl.com and send a copy of such notice via email to dfn-affiliate@dhl.com. DHL may update the address for notices to DHL by posting a notice on the Site. Notices provided by personal delivery are effective immediately. Notices provided by overnight courier are effective one business day after they are sent. Notices provided by registered or certified mail are effective three business days after they are sent.
20. Severability. If any provision of these Terms is invalid, illegal, void, or unenforceable, then that provision is deemed severed from these Terms and does not affect the validity or enforceability of the remaining provisions of these Terms.
21. Entire Agreement. These Terms, the DHL Website Terms of Use, the DHL Supplier Code of Conduct and the DHL Privacy Policy is deemed the final and integrated agreement between DHL and Finder on the matters contained in these Terms.

Countries where the DHL Fulfillment Network Affiliate Program is activated

• Austria 
• Belgium 
• Czech Republik 
• Denmark 
• Finland 
• France 
• Germany 
• Hungary 
• Italy 
• Netherlands 
• Norway 
• Poland 
• Portugal 
• Romania 
• Slovakia 
• Spain 
• Sweden 
• Turkey 
• United Kingdom

Important Note: Your lead's location does not need to be in these countries, but your operational headquarters must be located in one of the countries listed above at the time of application. If your country is not on the list, we will regrettably be unable to accept your affiliation request.