All publishers agree to these terms and conditions of usage prior to
delivering any advertisement for Sponsormob.
- Sponsormob is a trademark of jaduda GmbH, a private
company limited by shares, registered in Berlin. These Terms and Conditions shall be agreed with jaduda GmbH (hereinafter also refereed to as "Sponsormob")
- Advertisers are individuals or legal entities that market goods
and/or services by advertising means.
- Publishers are individuals or legal entities that provide their
advertising spaces to Sponsormob.
- Advertisers and publishers will jointly be referred to as
- Users are individuals who are exposed to advertising material of
advertisers on advertising spaces of publishers.
Description of Service
- Sponsormob provides services which enable advertisers to market
themselves and their products and services on advertising spaces
provided by publishers.
- These conditions apply to the set-up of technical connections
between publishers and advertisers by Sponsormob. Through these
Sponsormob records and registers transactions and other activities
between advertisers and users that evolved via the advertising space
of the publisher.
- Further services by Sponsormob, i.e. provisions of training or
consultancy services, are to be contracted separately.
- These terms and conditions are included if they are not excluded or
explicitly defined in the contract.
- These terms and conditions are accessible for the clients at the
Sponsormob website at all times.
- The participation in Sponsormob requires full legal capacity.
Individuals and representatives of legal entities must be at least
eighteen years old. Moreover the clients must be in possession of a
European bank account or a PayPal account.
- Sponsormob may accept or reject client applications for any reason
whatsoever. There is no right of admission.
- The contract and subsequent admission to Sponsormob comes into
effect with the clients’ receipt of a confirmatory email from
- Publishers are obliged to separately indicate certain advertising
spaces, advertising contents and advertising activities to Sponsormob.
In case that Sponsormob is exposed to claims of third parties arising
from such content or other content on the Publishers website, the responsible client indemnifies Sponsormob from
such claims including claims in connection with illegal website content or infringing third party rights.
- Entities liable to tax on sales are obliged to indicate their
assigned tax office number or their by the federal tax
agency respectively the according foreign authority appointed sales
tax identification number.
- Publishers are obliged to state the requested information from
Sponsormob completely and truthfully. Should the information change after the registration, the publishers must rectify their entries
- The clients assure that data, advertising space and advertising
activity transferred through them does not violate statutory
provisions or applicable law. Prohibited contents and advertising
activities include the following:
- any promotion of illegal substances or illegal activities
- any violation of rights of third parties, in particular
copyright, name and brand rights
- racial, ethnic, political, religious, hate-mongering or otherwise
- glorification of violence or profanity
- use of explicit, vulgar or obscene language
- adult services and sexually explicit content
- If a publisher opts for an email, SMS or other message-based form
of advertising, the prohibition of unsolicited commercial messaging is
to be obeyed. Hereafter the clients are prohibited to send unsolicited
messages with commercial advertisements to third parties (spam) as
well as integrate Sponsormob tracking code in messages, unless the
acceptors have agreed prior the first reception (“opt-in” procedure).
The client has to ensure before every transmission, that the
particular recipient has agreed to the reception.
- All activities aiming at inflating the tracked number of
transactions artificially are considered fraud.
- Valid traffic must be generated by real persons. Traffic from
spiders, crawlers, click bots or any other type of automated traffic
generator will be considered fraud.
- Excessive traffic by the same group of people (e.g. click farms)
will also be considered fraud.
- Fraud also includes any type of forced traffic, including the
- any type of unintended user action, e.g. forced clicks, pop-up or
pop-under windows, layers or similar advertising techniques
- spyware, adware, viruses, Trojan horses or other similar software
- Sponsormob actively monitors traffic for fraud. If Sponsormob
detects possible fraud, the account will immediately turned inactive pending
- Any attempt to manipulate the Sponsormob system in any manner,
results in the automatic and immediate exclusion of the client.
Thereby all claims with respect to the acquired credit forfeit.
- Sponsormob sets up accounts for both advertisers and publishers to
process compensation and administers these accounts. Credits on
advertiser accounts and publisher accounts do not bear interest.
- Advertisers pay Sponsormob and publishers receive from Sponsormob a
performance-related discretionary compensation, if a successful
transaction (impression, click, lead, sale or similar) is achieved.
The amount of the particular performance-based compensation is up to
negotiation between Sponsormob and the client.
- Besides the performance-based compensation any claims of
refund-concerning expenses and costs for the advertising activity of
the publisher are excluded.
- The claim of the publishers to performance-related compensation
from Sponsormob occurs and matures under the following prerequisites:
- a successful business transaction based on the advertising space
provided by the publisher
- the business transaction was recorded by Sponsormob
- no fraud or other malpractice exists
- A payout limit of 50 EUR applies. Credit below the payout limit
will not be paid out and remains interest-free on the account.
- The publisher declares his approval in compensation using the
credit note procedure, meaning that instead of an invoice by the
publisher, a monthly credit entry is issued by Sponsormob, provided
that the payout limit was reached. The publisher may challenge this
credit note within seven days after notification.
- All revenues will be balanced monthly. With reach of the payout
limit, credit note receipt concerning the payable amount will be
issued and made available to the publisher at the beginning of the
Warranty and Liability
- In the case of disruptions during the implementation of the
contract between the clients and Sponsormob, which are attributable to
Sponsormob, Sponsormob will take all reasonable and economically
justifiable measures to promptly restore the complete availability of
- Sponsormob assumes no warranty for revenues generated. Additionally
Sponsormob assumes no warranty for the correctness and sufficiency
concerning the content of information and declarations as well as
solvency released by the clients. Likewise Sponsormob assumes no
warranty for quality and serviceability regarding the advertised goods
and services, for their adequacy for a certain purpose and that these
do not infringe rights of third parties.
- Sponsormob assumes no liability for the content of third party
publications, where reference to Sponsormob is made in either direct
or indirect manner. Sponsormob is furthermore not liable for any
losses caused by a malfunction of software or hardware and losses
which occurred due to a lack of availability or technical problems
with the internet. Sponsormob assumes no liability for losses caused
by false client data. The liability of Sponsormob is limited to
grossly negligent and deliberate behaviour. The extent of Sponsormob’s
liability for damages regarding the slightly negligent breach of
cardinal obligations is limited to the average monthly
performance-related compensation, as set forth by this agreement. The
liability for the slightly negligent breach of accessory obligation is
- The aforementioned liability limitations do not apply to claims for
damages based on the injury of life, body, health or other fundamental
contractual obligations (cardinal obligations). In addition the
liability limitations do not apply to claims arising from product
- A breach of duty by a legal agent or auxiliary person of Sponsormob
is equivalent to such a breach by Sponsormob.
- The clients indemnify Sponsormob from claims of third parties,
which trace back to a culpably behaviour of the respective client.
This includes in particular claims against Sponsormob regarding
illegal content of an internet site used by another client.
- As far as Sponsormob makes information and data concerning clients
and information regarding the use of Sponsormob by clients available
to other clients, this information serves the sole purpose of building
trust between clients and perpetuation of Sponsormob. The use of this
data by clients for other purposes, in particular for advertising
purposes which are not connected to Sponsormob, is prohibited.
- The information and data attained through use and partnership may
only be used by the clients personally and in connection with the
concrete use of Sponsormob. Any onward transmission to third parties
and use for any other purpose, in particular commercial purposes, is
- Advertising material provided to publishers may not be changed in
design, particularly context or technical content, or in other ways
altered or passed on to third parties, without agreement of
- Sponsormob is entitled to collect, process, store and for its own
purposes use data of clients. Likewise Sponsormob is entitled to
contact the clients in connection with the network-participation by
- Sponsormob is particularly entitled to publish and transmit data of
clients and notify the public authorities within the legal
obligations. To avoid misuse Sponsormob is entitled to store the
client’s IP address during sign-up and use and in the event of fraud
or misuse transmit this data to the public authorities.
- The transmission of clients’ data by Sponsormob to third parties
for reasons of market research occurs only with the prior consent of
Duration and Termination of Contract
- The contract for usage of Sponsormob services is valid for an indefinite period of time. The parties
to the contract can terminate this contract at any time.
- Transactions up until the termination will be processed and
corresponding due compensation will be paid out.
- In the event that no credit is earned within one year, the
publisher account will be deleted if the publisher does not expressly
request the prolongation of the contract to Sponsormob within one
month after a written cancellation notice by Sponsormob. Further
prolongation of the contract is at Sponsormob’s own discretion. Should
the payout-limit not be reached the publisher account will be closed
and no credit will be paid out.
- The parties have the right to terminate the contract for cause in
exceptional cases provided that the corresponding conditions are met.
If the contract happens to have been terminated by Sponsormob in
exceptional circumstances, the publisher’s account set up by
Sponsormob will be blocked and hitherto acquired credit taken by
- Contracts for any usage of Sponsormob services are made with jaduda GmbH in Berlin. They
are subject to the laws of the Federal Republic of Germany, provided
that no mandatory international agreements or mandatory national laws
oppose. The place of jurisdiction according for disputes arising out
of this contract is Berlin.
- Contracts can be signed and agreed in a choice of the English or
German languages. If the publisher registers through a sign-up process
Sponsormob informs the publisher immediately by declaration of
acceptance through an electronic confirmatory letter as soon as
Sponsormob has agreed to its registration (offer).
- By registration to Sponsormob services the clients acknowledge the latest version of
Sponsormob’s termsi and conditions of usage. Regarding revisions to the terms and conditions of usage, authorised
clients will be notified by e-mail. Should the client not object to
the changed terms of participation within one (1) month of receipt of
the notification of change, these changed terms will take effect
according to the notification. Sponsormob herewith objects the general
terms and conditions of the clients. Credit entries are considered as
approved provided that to objection is raised within eight (8) weeks
of receipt. Objections must reach Sponsormob in due time and in
writing (by email, fax or mail).
- The copyright for the design of the, within the publisher program
provided, advertising material, content and data as well as any other
information made accessible by the advertiser is entitled to the
advertiser or holder of the rights. Any change and/or circulation of
trademark logos and other provided advertising material respectively
to third parties without prior written approval of the holder of the
rights is prohibited.
- Should individual provisions of this agreement be completely or
partially invalid or should loose their effectiveness thereinafter;
the validity of the remaining agreement will not be effected. The
invalid provision must be replaced by the parties with a valid
provision, which complies closest with the economic purpose of the
invalid provision. This also applies to any contractual loopholes.
Berlin, 19 October 2015