P² Ventures UG (haftungsbeschränkt), Kornbeckstr. 4, 71364 Winnenden, Germany (hereinafter "Petfluencer.com") operates an online platform (hereinafter "Portal") for companies (hereinafter "Brands") and corporate influencers (hereinafter "Petfluencers") at the Internet address https://www.petfluencer.com.de, on which Brands can automatically contact Petfluencers for advertising campaigns after registering accordingly. The portal is used to bring together Petfluencers and brands that are active on social media platforms (such as YouTube, Instagram, Facebook, blogs, etc. - (hereinafter "Platform") as brand companies for the purpose of producing Petfluencer content and related communication. Petfluencer.com also handles the collection of fees for the Petfluencers.
Petfluencer.com operates the portal on which Brands can find Petfluencers who want to support Brands in increasing the reach of campaigns by publishing targeted video productions ("Petfluencer Content") on defined platforms after appropriate registration. Brands are always entrepreneurs in the sense of § 14 BGB (German Civil Code). The Brand confirms with the registration that it is an entrepreneur. Petfluencer.com is entitled to have the entrepreneurship proven by suitable documents.
The mediation of Petfluencer to Brand by Petfluencer.com and the provision of the portal does not create a legal relationship between the parties.
Petfluencer.com offers a regular newsletter to inform the Brand about new opportunities and own offers on the portal. If the Brand declares by ticking the box that it wishes to receive the newsletter and clicks on the link in the confirmation email, the Brand will receive the newsletter regularly at the email address it provided during registration. The Brand can revoke the consent at any time, e.g. with the link listed in each newsletter for unsubscribing or by e-mail to firstname.lastname@example.org.
2 Registration and use of the portal
There is no entitlement to participation, registration or activation.
All information provided by the brand must be truthful. The transfer of a portal account is possible only with the prior written consent of Petfluencer.com
The Brand shall ensure that its user account can only be used by it and, to this end, shall take the appropriate precautions to keep the respective passwords secret and shall not disclose the passwords to third parties. The Brand is obliged to inform Petfluencer.com immediately if it becomes known to her that her access data is being used in an unauthorized manner or if such use is possible due to unauthorized obtaining of the access data.
When using the Portal, the Brand is obliged to comply with the applicable laws, as well as the Portal and Platform Rules. It is the Brand's own responsibility to ensure that the Petfluencer Content is lawful and does not violate any third party rights (copyright, trademark, competition law, etc.) and to comply with the principles of proper advertising, especially appropriate labeling. The Brand undertakes not to disseminate any unauthorized advertising, spam or inaccurate warnings of viruses, malfunctions and the like or to solicit participation in sweepstakes, snowball systems, chain letters, pyramid schemes and similar campaigns.
The Brand is not authorized to conduct briefings or project content that it has submitted on or to the Portal, or with Petfluencer whose offers for content productions it has received through the Portal, outside of the Portal.
In case of violation of these rules, the fire can be excluded from the use of Petfluencer.com with immediate effect.
3 Project procedure
The brand has the possibility to plan campaigns and individual projects and publish them after successful registration. The campaigns include individual projects with different Petfluencers. For each campaign and individual project, the Brand can set a budget and specify an optional CPM range. The Brand can create individual project briefings, receive offers from the Petfluencer, communicate with the Petfluencer, and commission Petfluencer content productions after the campaigns are published. The Brand creates a solicitation, with desired content, containing the various requirements for the particular project ("Briefing"). Part of the briefing, in addition to positive requirements that include a range for the thousand-contact price (CPM) and the publication period, are restrictive provisions that must not be violated under any circumstances with the Petfluencer content production ("don'ts") or mandatory content ("do's") that must be an unconditional part of the Petfluencer content production. If the Petfluencer's profile and channel or standard offer fits the requirements, Petfluencer.com will send the Petfluencer the briefing with project details on content, publication date and payment. The Petfluencer may respond by submitting a Petfluencer Content Proposal ("Proposal"), which includes the project-specific CPM and also other possible additional publication periods to be specified in calendar weeks. The Brand may accept the Petfluencer's Offer at any time, no later than 11:59 p.m. of the last day of the calendar week preceding the publication week, which will result in respective project contracts between the Brand and the Petfluencer for each individual completion period. If the Petfluencer only offers to upload the Petfluencer Content on the calendar week specified by the Brand, only one Project Contract shall be concluded. If the Petfluencer offers several dates, one project contract will be concluded for each date that the Brand accepts. Until acceptance by the Brand, the Petfluencer may withdraw its offer at any time. The Brand's Briefing, the Petfluencer's offer in response to the Briefing and the Brand's acceptance of this offer shall form the binding content of the Project Contract, which shall be recorded in each case in the Project Summary transmitted after the conclusion of the Contract.
By submitting the Briefing, the Brand does not acquire the right to receive offers from specific Petfluencers or a specific number of offers.
If the Brand accepts an offer from a Petfluencer, a project contract is concluded between the Brand and the Petfluencer. The Brand's briefing and the Petfluencer's offer form the binding content of the project contract.
The Petfluencer content offered in each case will be produced by the Petfluencer in accordance with the content and time specifications in the briefing once the Brand has awarded the contract.
After completion of the Production, the Petfluencer shall make the Petfluencer Content available in accordance with the completion period in the Brand Briefing by publishing it in accordance with the applicable Platform Terms and Conditions and making it available on its Platform Channel to its subscriber base or Followers. The availability, i.e. the duration for which the Petfluencer Content is available on the agreed Platform, shall be at least 30 calendar days from the fixed date of publication defined in the Briefing.
The Brand has the right to stop the production of a Petfluencer Content at any time. Even after the Petfluencer Content has been published, the Brand may at any time demand from the Petfluencer that the Petfluencer no longer publish a Petfluencer Content or make it available for retrieval in any form.
Completed campaigns are archived and can be reactivated by the fire afterwards. This means that they are available for renewed execution with the identical content.
The registration is free of charge for the Brand. If a corresponding contract for the implementation of a project is concluded between the Brand and Petfluencer by the Brand accepting an offer of Petfluencer, a service fee will be charged, which has to be paid by the Brand to Petfluencer.com. The claim for the service fee arises by using the platform to conclude the project contract between Brand and Petfluencer.
For the production of Petfluencer content, the Petfluencer receives a fee that is defined by the success of its Petfluencer content. In the briefing, the brand specifies a range for a CPM at which the Petfluencer submits an offer with its specific CPM that the brand can accept. The amount of the fee results from the project summary. All prices are net prices in euros and are subject to statutory value added tax, where applicable.
For the production of Petfluencer content, the fee is due in advance. For this purpose Petfluencer.com will invoice the Brand based on the projected maximum costs, i.e. the specified budget amount. The reach is calculated from the end of the completion period. For projects on Instagram, reach success is determined based on the number of followers after 30 days. For projects on Facebook, reach success is determined based on people reached after 30 days. For projects on blogs, reach success is determined based on gross impressions after 30 days. Subsequently, the brand receives a differential credit from Petfluencer.com for any unused budget credit if the maximum reach is not reached. The remuneration consists on the one hand of the fee for the production of the Petfluencer content by the Petfluencer as well as its advertising value and on the other hand of the service fee for the successful mediation of a project between Petfluencer and Brand. The fee is charged and collected by Petfluencer.com on behalf of the Petfluencer. The service fee, on the other hand, is the fee for Petfluencer.com's own services, which Petfluencer.com settles in its own name. In both cases, the billing is plus any applicable statutory sales tax. After complete receipt of the invoice amount and comparison of the actually achieved coverage Petfluencer.com will transfer the fee to the Petfluencer.
In contrast, the Petfluencer shall not receive any remuneration if its Petfluencer Content violates the contractually agreed content, in particular the do's or don'ts defined in the project summary. In the event of a dispute regarding the existence or non-existence of Do's, Don'ts or a contractual violation, the Brand shall have the right of decision in this regard, and the decision may be reviewed by a court. Due to the fixed date character, the possibility of supplementary performance or rectification is not applicable in this respect.
The foregoing right under paragraph 5 to non-payment due to defects in the Petfluencer Content or alleged non-compliance with Do's or Don'ts shall not apply if the Petfluencer Content produced by the Petfluencer was available for retrieval for more than 14 days after the agreed publication date.
The Petfluencer.com service fee will also be due in full if the production of the Petfluencer content is cancelled before or after production and/or publication and also if the Petfluencer does not perform according to the terms of the briefing.
The Brand shall independently take care of any obligation to pay contributions to the artists' social insurance.
5 Rights, data protection provisions
The personal data deposited by the Brand will be used in accordance with the statutory provisions of data protection law, in particular those of the German Federal Data Protection Act (BDSG) and the German Telemedia Act (TMG). The personal data provided by the Brand, insofar as they are required for the establishment, content or amendment of the contractual relationship (inventory data), will be used exclusively for the processing of the brokerage and usage contract concluded between the Brand and the Petfluencer and Petfluencer.com as well as for the processing of the contractual relationship between Petfluencer or Brand and Petfluencer.com.
The contact person for questions regarding data protection is our data protection officer:
Prof. Dr. Felix Buchmann
BSB Quack Gutterer
Tel: +49 711 953 382 0
Fax: +49 711 953 382 29
The Brand grants Petfluencer.com the right to advertise the successful project on the portal and to publish, edit and use the company name and project details of the Brand.
All contents of the portal (texts, images, graphics, etc.) including all software components of the portal, in particular the database, are protected by copyright and other protective laws. It is prohibited to reproduce, copy, modify and/or edit the portal or components thereof.
There is no claim to uninterrupted availability of the portal at any time. Petfluencer.com is not liable for technical failures or the availability of the offer, unless Petfluencer.com is guilty of intent or gross negligence.
Petfluencer.com is entitled to carry out maintenance and servicing work on the portal and in doing so will endeavor to keep disruptions to the accessibility and usability of the portal to a minimum.
Petfluencer.com shall be liable for damages other than those resulting from injury to life, limb or health only to the extent that such damages are caused by intentional or grossly negligent conduct or are the result of a culpable breach of a fundamental contractual obligation (so-called "cardinal obligation", i.e. an obligation the fulfillment of which is a prerequisite for the proper performance of the contract and on the fulfillment of which the contractual partner regularly relies and may rely) by Petfluencer.com or its vicarious agents.
Any further liability for damages is excluded. In particular, compensation for loss of profit, indirect damage and other financial losses shall be excluded in the event of simple negligence. The provisions of the Product Liability Act shall remain unaffected; furthermore, liability for fraudulent concealment of a defect, for an expressly guaranteed quality and for personal injury shall remain unrestricted.
If Petfluencer.com negligently breaches an essential contractual obligation, the obligation to pay compensation is limited to the typically foreseeable damage, but in any case to the amount of EUR 50,000.
Petfluencer.com shall not be liable for the loss of data if the damage would not have occurred if the fire had properly backed up the data. A proper data backup is to be assumed if the fire demonstrably backs up the data files at least daily in machine-readable form and thus ensures that this data can be restored with reasonable effort. Petfluencer.com's liability for the loss of data shall be limited to the typical recovery effort that would have been incurred had the data been properly backed up.
Brand indemnifies Petfluencer.com from all claims of third parties, in particular those arising from a violation of copyright law, trademark law, competition law, media law, tax law, social security law (including artist social security law) or other contractual obligations of Brand.
Petfluencer.com only provides the mediation of the order between Petfluencer and Brand. Petfluencer.com is not responsible for the content of the Petfluencer content, briefings and offers. Petfluencer.com does not check these Petfluencer-Contents and therefore does not take over any guarantee for the correctness of the data deposited by the Petfluencer or Brand, e.g. qualifications, identity details, bank details etc.. Likewise, Petfluencer.com does not check whether and to what extent the Petfluencer Content created by the Petfluencer meets the requirements of the Briefing.
The Brand agrees to maintain confidentiality about the briefings and information regarding the production of Petfluencer content. This includes all information that is communicated within the platform. These include the amount of remuneration or remuneration rates, as well as all data of the Petfluencer and his activity on the agreed platform as well as information of Petfluencer.com and information subject to secrecy.
In particular, the Brand is prohibited from distributing, announcing or otherwise publishing this information on the Internet, especially in so-called social networks and media.
In particular, Brand is prohibited from distributing, announcing or otherwise publishing this information on the Internet, especially in so-called social networks and media. Excluded from this obligation is such information that was already known to the Brand without obligation to maintain secrecy or is or becomes generally known without the Brand being responsible for this or is communicated or provided to the Brand by a third party without obligation to maintain secrecy or is to be made accessible to authorities due to legal regulations or has been released in writing by Petfluencer or Petfluencer.com to the Brand for publication.
8 Final provisions
The place of performance, payment and fulfillment is the registered office of Petfluencer.com.
This agreement shall be governed exclusively by the laws of the Federal Republic of Germany to the exclusion of international private law and to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG), even if one of the contracting parties has its registered office abroad.
The exclusive place of jurisdiction for all disputes arising from the contractual relationship with Brand is Stuttgart.
For any agreements between Petfluencer and Brand among themselves, the law of the Federal Republic of Germany is also agreed to the exclusion of international private law as well as to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG); Petfluencer and Brand may reach deviating agreements among themselves.