1. Object of the contract
The brand office Media GmbH (hereinafter referred to as "operator") provides to its advertising partner (hereinafter referred to as "advertising partner"), a selection of advertising material in the form of electronic displays/banners (hereinafter referred to as "advertising material") for publication on its website (hereinafter referred to as "partner program").
2. Registrations and Forming a Contract
Participation in the partner program requires a registration by the advertising partner. This partner has to indicate the following data here:
Selection of the advertising partner is the sole responsibility of the operator. After the selection is made the advertising partner is activated by the operator. The advertising partner has no right to selection or activation.
Excluded from participation are
The operator also reserves the right at any time to terminate the contractual relationship with advertisers whose website content infringes the rights of others; and/or are libelous in character, defamatory, obscene, glorifying violence, harassing or inciting violence, political, religious; and/or are ideologically extremist, racist or xenophobic. This decision rests solely with the operator.
3. Rights of use
The operator transfers a simple (non-exclusive), non-transferable right to the advertisement partner in order to publish the advertising material provided over the Internet for the duration of the contractual period with the contract enforcement. The advertising partner is not authorized to carry out changes and alterations to the advertising materials without the operator's agreement.
4. Obligations of the advertising partner
The advertising partner is required, throughout the term of this contract, to keep the landing page available. The operator must be notified immediately of any changes to the URL. If the advertising partner should notice any problems with the link to the landing page, the operator must be informed about these problems immediately.
The advertising partner is responsible for the correct technical integration of the link made available by the operator. Proper payment can only take place when the link has been correctly integrated.
5. Obligations of the Operator
The operator shall make available to the advertising partner the appropriate links for integration in the advertising partner's website, together with corresponding instructions.
The operator offers payment based on commission per lead - the amount of commission results from the respective campaign. A claim for commission exists only after completion of a valid subscription order, which has been received and verified by the operator. Where leads are not valid (entries that have been made in jest, incomplete leads, missing addresses / names, addresses outside of the supply area) or where they are duplicated (leads received multiple times), there exists no claim for payment of commission.
The operator is not responsible for damages or other failures resulting from any defects or incompatibility of the advertising partners' software or hardware, as well as for damages that arise due to the lack of availability or flawless functioning of the Internet. Moreover, liability exists only in the case of intent and gross negligence also for a legal representative, a senior employee or other agents, in the event of any culpable breach of an essential contractual obligation (the expression "essential contractual obligation" describes a duty in the abstract, the fulfillment of which is an essential pre-requisite for the due implementation of the agreement, and that is a duty on whose fulfillment with the other respective party can rely as a general rule), of delayed performance or the impossibility of performance. The above limitations of liability do not apply to cases of mandatory statutory liability, in particular liability under product liability law, liability for a guarantee that has been assumed, and liability for intentional or negligent injury to life, limb or health.
8. Termination of the Contractual Relationship
The contract can be cancelled at any time by both the operator and the advertising partner without given consent. In the event of cancellation, the advertising partner is obligated to delete the link provided to him/her and to remove from his/her website all advertising materials provided to him/her. The operator shall calculate and pay out the payments due until that point.
9. Final Provisions
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