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Terms & Conditions

All publishers agree to these terms and conditions of usage prior to delivering any advertisement for Sponsormob.

Definitions

  1. 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")
  2. Advertisers are individuals or legal entities that market goods and/or services by advertising means.
  3. Publishers are individuals or legal entities that provide their advertising spaces to Sponsormob.
  4. Advertisers and publishers will jointly be referred to as “clients”.
  5. Users are individuals who are exposed to advertising material of advertisers on advertising spaces of publishers.

Description of Service

  1. Sponsormob provides services which enable advertisers to market themselves and their products and services on advertising spaces provided by publishers.
  2. 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.
  3. Further services by Sponsormob, i.e. provisions of training or consultancy services, are to be contracted separately.
  4. These terms and conditions are included if they are not excluded or explicitly defined in the contract.
  5. These terms and conditions are accessible for the clients at the Sponsormob website at all times.

Admission Requirements

  1. 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.
  2. Sponsormob may accept or reject client applications for any reason whatsoever. There is no right of admission.
  3. The contract and subsequent admission to Sponsormob comes into effect with the clients’ receipt of a confirmatory email from Sponsormob.
  4. 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.
  5. 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.
  6. 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 immediately.

Restrictions

  1. 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 objectionable content
    • glorification of violence or profanity
    • use of explicit, vulgar or obscene language
    • adult services and sexually explicit content
  2. 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.

Fraud

  1. All activities aiming at inflating the tracked number of transactions artificially are considered fraud.
  2. 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.
  3. Excessive traffic by the same group of people (e.g. click farms) will also be considered fraud.
  4. Fraud also includes any type of forced traffic, including the following:
    • 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
  5. Sponsormob actively monitors traffic for fraud. If Sponsormob detects possible fraud, the account will immediately turned inactive pending further investigation.
  6. 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.

Compensation

  1. 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.
  2. 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.
  3. Besides the performance-based compensation any claims of refund-concerning expenses and costs for the advertising activity of the publisher are excluded.
  4. 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
  5. A payout limit of 50 EUR applies. Credit below the payout limit will not be paid out and remains interest-free on the account.
  6. 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.
  7. 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 following month.

Warranty and Liability

  1. 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 the system.
  2. 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.
  3. 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 excluded.
  4. 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 liability.
  5. A breach of duty by a legal agent or auxiliary person of Sponsormob is equivalent to such a breach by Sponsormob.
  6. 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.

Data Protection

  1. 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.
  2. 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 prohibited.
  3. 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.
  4. 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 email.
  5. 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.
  6. The transmission of clients’ data by Sponsormob to third parties for reasons of market research occurs only with the prior consent of the clients.

Duration and Termination of Contract

  1. 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.
  2. Transactions up until the termination will be processed and corresponding due compensation will be paid out.
  3. 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.
  4. 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 Sponsormob.

Miscellaneous

  1. 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.
  2. 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).
  3. 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).
  4. 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.
  5. 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
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