Terms and Conditions 22.6.2004
Content / Directory:
3 Registration / Application|
4 Advertising partner / advertiser|
5 Payment |
7 Duration / Termination|
8 Liability / availability|
9 Data protection|
10 Severability clause
§ 1 Preamble
1. Die Krusenstern Media GmbH ( im folgenden "AdKlick.net" ) bietet ein Werbenetzwerk zur Vermittlung und Abwicklung von Partnerprogrammen an.
2. The contracting party would like to utilise the advertising network as an advertising partner (hereafter "advertising partner") or advertiser (hereafter "advertiser").
3. These T&Cs regulate both the cooperation between the contracting party and AdKlick.net and the relationship between advertising partners and advertisers within the advertising network.
4. By registering on AdKlick.net as an advertising partner or advertiser, a contractual relationship between AdKlick.net and the registered contracting party is created.
5. The integration and publication of an advertising campaign provided by the advertiser through the advertising partner concludes a further contractual relationship between the advertiser and the advertising partner. For this other contractual relationship, the T&Cs apply in the first instance, subject to further or alternative arrangements between these two parties.
§ 2 General
1. The contracting party is legally competent or is represented by an authorised legally competent person.
2. Der Vertragspartner erklärt gegenüber AdKlick.net als Unternehmer mit Gewinnerzielungsabsicht tätig zu sein und das Werbenetzwerk dahingehend nicht als Verbraucher nutzen zu wollen.
3. AdKlick reserves the right to amend these T&Cs at any time. The contracting party will be informed of any changes to the T&Cs by e-mail. If no objections against the performed changes are raised, agreement to the amended terms is assumed. If a contracting party does not agree to the amended terms, they may terminate his contract with AdKlick.net in writing with immediate effect.
4. Regulations and agreement that deviate from these T&Cs are only recognised, if they have been confirmed by an authorised representative of AdKlick.net in writing.
5. With judgement of 12.05.1998, the regional court of Hamburg has decided that the person responsible for the homepage is responsible for the contents of external links. According to the regional court, this can only be prevented by an explicit declaration by the person responsible for the homepage, that he has distanced himself from such contents. AdKlick.net refers to other websites through links to other sites on the internet. AdKlick.net declares explicitly that it does not have any influence over the design and/or the content of the linked and/or recorded sites. AdKlick therefore distances itself explicitly from all content of all linked member sites on its website and does not take ownership of their contents. This declaration applies to all sites that are accessed through the links.
6. For this contract, German law applies. In accordance with Art. 13 ZPO, the place of jurisdiction is the district court of Hamburg.
§ 3 Registration / Application
1. Only websites that are not in violation of applicable laws of the Federal Republic of Germany can be registered.
2. The contracting party commits to enter all registration details correctly and completely.
3. If the advertising partner declares at the point of registration that he is exempt from VAT, he is obliged to furnish AdKlick.net with written proof of his commercial activity, including the confirmation by his tax authority in line with the requirements of fiscal law requirements.
4. AdKlick.net reserves the right to decline the registration of a contracting party without supplying a reason. A right to participation does not exist.
5. The contracting party grants AdKlick.net the right, to save and process all his information details, including phone, postal address, or email address. AdKlick.net is allowed to send the advertising partner notifications and information by phone or email.
§ 4 Advertising partner / advertiser
1. The advertiser commits to supply at least one banner for the publication of his campaign his advertising partners immediately after activation.
2. The advertiser commits to integrate a tracking code provided by AdKlick.net into his offer throughout the entire duration of the publication for any performance related advertising formats, such as lead and/or sale affiliate programs.
3. The advertiser grants AdKlick.net permission to perform test registrations or orders of the offers published through the advertising campaign for the purpose of testing the correct functioning of the tracking code at any time and without notice. In return, AdKlick.net commits to inform the advertiser of this test registration or order immediately after its performance by sending a notification to the e-mail address provided by him.
4. The advertising partner commits to respect and adhere to the program terms or payment criteria specified by the advertiser and displayed in the program view together with the advertising mediums, before integrating a new advertising campaign.
5. The contractual partner confirms to use the internal message system of AdKlick for individual communication with the advertising partner or advertisers only. Messaging on other communication platforms, e.g. directly by email or messengers is prohibited without the express permission of AdKlick.net. An infringement of publishers leads to a loss of credits, while in the case of advertisers a contract penalty of 500.00 EUR per case.
6. The contracting party commits to keep the contact details provided to AdKlick.net, particularly the e-mail address and bank account details up-to-date. Any disadvantages that the contracting party incurs due to deficient or outdated details are the sole responsibility of the contracting party.
7. The advertiser and the advertising partner can terminate the partnership with each other at any time and without supplying a reason. The advertising partner must remove all advertising mediums of the advertiser for this purpose. In return, the advertiser commits to process all outstanding payments of the advertising partner.
§ 5 Payment
1. All payments shall be made by the advertiser in advance. The prepayments of the advertiser are used to ensure an always positive account balance of the AdKlick.net account.
2. If the AdKlick.net account has a shortfall, the contractual partner needs to deposit his account according to § 5 paragraph 1 within 3 working days to compensate his AdKlick.net account, so that a positive account balance is restored.
3. The right of withdrawal expires prematurely if the contract was fully performed by both sides at the express request of the contracting party, before the contracting party exercised its right of withdrawal.
4. As administrator of the advertising campaign, AdKlick.net receives a network provision from every deposit to the account, the rate of which is communicated to the advertiser together with the request for the topping up of the account in the online members section (also „merchant section“) and/or on request via e-mail.
5. In the event of the booking of advertisement through the price list provided by AdKlick.net, the network provision indicated in Art.5 par.2 is omitted. In return, AdKlick.net is entitled to offer the advertisement booking performed by the advertiser through the price list to the advertising partner according to the terms specified by AdKlick.net.
6. Payments or credit notes to the advertising partner are issued once a month, if the account of the advertising partner shows a minimum balance of 15 EURO.
7. All payments stated in the statistics shall be considered suspended until AdKlick.net transmits the monthly payment confirmation to the advertising partner in the form of an e-mail.
8. AdKlick.net behält sich das Recht vor, für jede Auszahlung an den Werbepartner eine Netzwerkprovision einzubehalten.
9. The advertiser guarantees, in the case of success related advertising forms such as e.g. so-called lead and / or sale partner programs, to properly compensate the deals made by the publishers. The rejection of a remuneration by the advertiser is only permissible in the case of a violation against the individual conditions or the remuneration criteria of the advertiser and / or in the case of an infringement by the publisher against these terms and conditions.
10. The Advertiser needs to be validate all transactions for his partner program within a maximum period of 8 weeks. If this deadline of 8 weeks, AdKlick.net is entitled to release the pending financial statements to the publishers at the expense of the advertiser. Reimbursement of the payments once released is excluded for the advertiser.
11. The advertiser is responsible for ensuring that his AdKlick.net account has a sufficient credit balance. All promotions, including pending remuneration, must be covered by the account balance. If the AdKlick account has a cash residue, AdKlick.net is entitled to block the account of the advertiser with immediate effect. All active programs of the advertiser are terminated in this case. A continuation of the contract relationship is only possible at AdKlick.net's discretion.
12. If the advertiser fails to fund his account within a deadline of 2 weeks from the date of the blocking of the account, the advertiser will be excluded from the participation in all affected affiliate programs.
13. In the absence of activity on the account of the contracting party in the form of deposits or payments for the period of one year, AdKlick.net is entitled to dissolve the account of the contracting party in accordance with Art.7 par.3.
§ 6 Fraud
2. Multiple registrations or the parallel use of multiple user accounts with same or different identities by the contractor without the prior, written permission of AdKlick.net is prohibited and is considered fraud.
3. The automated creation of clicks or deals by technical devices through the advertising partner is not permitted and is classed as fraud.
4. Repeated clicks on advertisements as well as multiple clicks or multiple orders by the affiliate or third parties using the same device or multiple devices are not allowed and is considered fraud.
5. The payment for or forcing of impressions of the advertising mediums, as well as the payment for or forcing of clicks on the advertising mediums (including generated clicks and/or "paid clicks" or "forced clicks" is not permitted and is classed as fraud.
6. The payment for or forcing of performance related deals (including profit share or requests for registration or orders) is not permitted and is classed as fraud.
7. Creating artificial identities, for example with the manipulation of the IP address, such as VPN networks, to generate clicks or transactions by the affiliate or a third party, is not permitted and is considered fraud.
8. The removal of the tracking code specified in Art.4 par.2 and supplied by AdKlick.net by the advertiser during the active advertisement of the associated offer is not permitted and is classed as fraud.
9. The violation of the program terms or payment criteria specified by the advertiser and displayed within the campaign or program before the integration of the advertising mediums is not permitted and is classed as fraud.
10. The inclusion of advertisements on adspaces, which are not checked and released by AdKlick.net, in particular illegal websites, which violate the law of the Federal Republic of Germany, is not allowed and is considered fraud.
11. Promoting campaign to recipients without their permission (spam) is not allowed and is considered fraud.
12. AdKlick.net will inform the affected contracting party of any suspicions of fraud as soon as possible. If a consensual and comprehensive clarification of the instances of suspicions by the contracting party is not achieved within a period of 3 weeks, the facts of the case of fraud shall be deemed fulfilled. The burden of proof is with the contracting party and not with AdKlick.net. All payment requests submitted by the contracting party accused of fraud will be rejected until the instances of suspicion are clarified.
13. Each contracting fraud leads to the immediate exclusion and deletion of his account. All credits of the contractual partner will be forfeited. The balances will be refunded to the affected advertisers advertising partners.
14. Each and every fraud committed by the advertiser further leads to the immediate suspension or blocking of all campaigns initiated by him.
15. AdKlick.net reserves the right to initiate civil action against the contracting party terminated due to fraud.
§ 7 Duration / Termination
1. The agreements between the contracting party and AdKlick.net made on the basis of these terms are valid for an unspecified period of time.
2. Both contracting parties may terminate the contract in writing at any time and without supplying a reason.
3. In the event of termination/dissolve of the account, remaining sums are only paid out by AdKlick.net to the contracting party, if the account of the contracting party shows a credit balance of at least 15 EURO.
4. In the event of a termination, the campaigns initiated by the advertiser are immediately suspended or ended.
5. If the advertiser operates a performance related campaign, such as a lead and/or sales affiliate program, he grants AdKlick a notice period of 7 working days for the purpose of notification of the active advertising partners.
6. No payments will be made to the advertising partner after termination, even if the advertising partner fails to remove the advertising mediums from his website.
§ 8 Liability / availability
1. AdKlick.net does not guarantee the availability of its advertising network. In the event of a technical problem that prevents the correct capture of the transaction between the advertising partner and the advertiser, no claims by the advertising partner and/or the advertiser against AdKlick.net exist.
2. AdKlick.net acts purely as an administrator and trustee for the advertising partner.
3. The contracting party indemnifies AdKlick.net from all compensation and liability claims.
4. The advertiser is liable for any damages incurred by the advertiser that result from the use of the advertising mediums supplied by the advertiser. Liability of AdKlick.net is excluded.
§ 9 Data protection
1. AdKlick.net stores the details of the contracting parties solely for the administration of the accounts, the internal communication between advertising partner / advertiser and the affiliate platform. All details are subject to data protection and are not passed on to third parties. Exceptions are the disclosure of data under judicial order or the disclosure of data to prosecuting authorities on legitimate request.
§ 10 Severability clause
1. If individual provisions of these T&Cs prove ineffective in law or not practicable or lose their effectiveness due to later circumstances, the legal effectiveness of the other provisions is not affected.