TERMS BRANDS

GENERAL TERMS AND CONDITIONS OF USE FOR BRAND COMPANIES (“BRANDS”)

Preamble

Mauz & Wauz GmbH, Bahnhofstr. 75/1, 73630 Remshalden (hereinafter “Petfluencer.com”) operates an online platform (hereinafter “portal”) for companies (hereinafter “brands”) and corporate influencers (hereinafter “Petfluencer”) under the Internet address https://www.petfluencer.com.de, on which brands can automatically contact Petfluencer for advertising campaigns after appropriate registration. The portal serves the purpose of bringing together petfluencers and brands successful 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 takes over the collection of the fees for the petfluencers.

1 General information

Petfluencer.com operates the portal where brands can find petfluencers after appropriate registration, who want to support brands in increasing the reach of campaigns by publishing targeted video productions (“petfluencer content”) on defined platforms. Brands are always entrepreneurs within the meaning of § 14 BGB. By registering, the brand confirms that it is an entrepreneur. Petfluencer.com is entitled to have the entrepreneurial status proven by appropriate documents.

The terms of use contain the exclusively valid conditions for registration and use of the portal between the Petfluencer, the Brand and Petfluencer.com. Differing, conflicting or supplementary General Terms and Conditions of the Brand shall only become part of the contract if and insofar as Petfluencer.com has expressly agreed to their validity.

Through the mediation of Petfluencer to Brand by Petfluencer.com and a provision of the portal, no connection of the parties under company law comes about.

Petfluencer.com offers a regular newsletter to inform Brand about new possibilities 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 e-mail, the Brand will receive the newsletter on a regular basis at the e-mail address given by the Brand during registration. The Brand can revoke its consent at any time, e.g. by using the link provided in each newsletter to unsubscribe or by sending an e-mail to info@petfluencer.com.

2 Registration and use of the portal

The contract between the Brand and Petfluencer.com is concluded by filling out and sending the respective registration form and the confirmation e-mail from Petfluencer.com to the e-mail address provided by the Brand. By sending the completed registration form, the Brand bindingly acknowledges the validity of these terms of use within the scope of the registration process.

There is no claim to participation, registration or activation.

All information provided by the Brand must be truthful. The transfer of a portal account is only possible with the prior written consent of Petfluencer.com

Reasonable changes to these terms of use will be communicated to the Brand in text form, i.e. in writing, by fax, by e-mail or by a logged notice page after a login to the Portal. If Brand does not object to these changes within six weeks after receipt of the notification, the changes shall be deemed accepted.

The Brand must ensure that its user account can be used exclusively by it and will take the appropriate precautions to keep the respective passwords secret and will not disclose the passwords to third parties for this purpose. The Brand is obliged to inform Petfluencer.com immediately if it becomes aware that its access data is being used in an unauthorized manner or that such use is possible due to an unauthorized acquisition 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 regulations. It is the Brand’s own responsibility to ensure that the content of the Petfluencer contents is legal and does not infringe any third party rights (copyright, trademark law, competition law, etc.) and to comply with the principles of proper advertising, especially appropriate labelling. The Brand undertakes not to distribute any unauthorized advertising, spam or inaccurate warnings of viruses, malfunctions and the like or to request participation in competitions, snowball systems, chain letters, pyramid schemes and similar actions.

The Brand is not entitled to conduct briefings or project content that she has submitted on or to the Portal, or with Petfluencer, whose content production offers she has received through the Portal, outside of the Portal.

In case of violation of these regulations, ere Brand 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 each individual project, the brand can set a budget and specify an optional CPM range. After publishing the campaigns, the brand can create individual project briefings, receive offers from the petfluencer, communicate with the petfluencer and commission petfluencer content productions. The brand creates a request, with desired content, which contains the different requirements for the respective project (“briefing”). Part of the briefing are positive requirements, which also include a range for the thousand-contact price (TKP) and the publication period, as well as restrictive regulations, which must not be violated by the petfluencer content production under any circumstances (“Don’ts”) or mandatory content (“Do’s”), which must be an unconditional part of the petfluencer content production. If the profile and the channel or the standard offer of the petfluencer matches the requirements, Petfluencer.com will send the petfluencer the briefing with project details about contents, publication date and payment. The petfluencer can then apply with a proposal for petfluencer content (“offer”), which includes the project-specific CPM and also other possible additional publication periods, which must be specified in calendar weeks. The Brand can accept the Petfluencer’s offer at any time, at the latest by 23:59 hrs of the last day of the calendar week preceding the week of publication, whereby project contracts between Brand and Petfluencer are concluded for each individual completion period. If the petfluencer only offers to upload the petfluencer contents for the calendar week specified by the brand, only one project contract is concluded. If the petfluencer offers several dates, one project contract is concluded for each date the fire accepts. Until the acceptance by the fire, the petfluencer can withdraw his offer at any time. The briefing of the brand, the petfluencer’s offer to the briefing and the acceptance of this offer by the brand form the binding content of the project contract, which is recorded in each case in the project summary transmitted after conclusion of the contract.

By sending the briefing, the Brand does not acquire the right to receive offers from certain petfluencers or a certain number of offers.

If the Brand accepts an offer from a petfluencer, a project contract between the Brand and the petfluencer is concluded. The briefing of the Brand and the offer of the petfluencer form the binding content of the project contract.

The petfluencer will produce the petfluencer content offered in each case according to the content and time specifications in the briefing after the award of the contract by the brand.

After completion of the production, the petfluencer will make the petfluencer content available according to the completion period in the briefing of the Brand, in that the petfluencer publishes it according to the respectively applicable platform regulations and makes it available on its platform channel to its circle of subscribers or followers. The availability, i.e. the period for which the petfluencer content is available on the agreed platform, must be at least 30 calendar days from the fixed date of publication defined in the briefing documents.

The Brand has the right to discontinue the production of a petfluencer content at any time. Even after publication of the petfluencer content, the brand can demand from the petfluencer at any time that the petfluencer no longer publishes a petfluencer content or makes it available for retrieval in any form.

Completed campaigns are archived and can be reactivated by the brand afterwards. Thus, they are available with the identical content for a new execution.

4 Remuneration

The registration is free of charge for the fire. If a corresponding contract is concluded between the brand and Petfluencer for the implementation of a project by the brand accepting an offer from Petfluencer, a service fee is due for this, which is to be paid by the brand to Petfluencer.com. The claim to the service fee arises from the use of the platform for the conclusion of the project contract between Brand and Petfluencer. For the production of the petfluencer contents, the petfluencer receives a payment which is defined by the success of its petfluencer content. In the briefing, the brand specifies a range for a CPM for which the petfluencer with its specific CPM makes an offer that the brand can accept. The amount of the fee results from the project summary. All prices are net prices in Euro and are subject to VAT, if applicable.

For the production of the Petfluencer contents the fee is due in advance. For this purpose Petfluencer.com invoices the brand on the basis of the predicted maximum costs, i.e. the budget amount stated. The range is calculated from the end of the completion period. For projects on Instagram, the success of the reach is calculated based on the number of followers after 30 days. For projects on Facebook, the success of the range of coverage is determined based on the number of people reached after 30 days. For projects on blogs, reach success is measured by gross impressions after 30 days. Afterwards the brand receives a difference 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 contents by the Petfluencer as well as their 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 settled and collected by Petfluencer.com in the name of the petfluencer. With the service fee it concerns however the fee for the own contribution of Petfluencer.com, which settles this in the own name. In both cases the account takes place plus if necessary resulting legal sales tax. After complete receipt of the invoice amount and comparison of the actually achieved coverage Petfluencer.com transfers the fee to the Petfluencer.

If the production of a petfluencer content is cancelled before the completion date, the petfluencer receives an adjusted fee (“cancellation fee”), which results from the estimated range of a petfluencer content and the time of cancellation. The amount of the cancellation fee is determined by the project summary, which contains the defined maximum amount resulting from the estimated range of a petfluencer content. In case of a cancellation of a brand until one calendar week before the latest possible publication date, the petfluencer will receive 100% of the fee. Up to two weeks before the latest possible publication date, the petfluencer receives 75% of the compensation. Until three weeks before the latest possible publication date the petfluencer receives 50% of the compensation and until four weeks before the latest possible publication date the petfluencer receives 25%. The service fee for the provision of the platform is not affected by a cancellation of the fire and remains undiminished.

In contrast, the petfluencer does not receive any remuneration if his petfluencer content violates the contractually agreed contents, in particular the do’s or don’ts defined in the project summary. In case of a dispute about the existence or non-existence of Do’s, Don’ts or a contractual violation, the Brand has the right to decide on this matter, whereby the decision can be reviewed by a court. Due to the fixed date character of the contract, the possibility of supplementary performance or rectification of defects is not applicable.

The aforementioned right according to para. 5 to non-payment due to defects in the Petfluencer content or an alleged non-compliance with do’s or don’ts does not exist if the Petfluencer content produced by the Petfluencer was available for more than 14 days after the agreed publication date.

The service fee for Petfluencer.com is also due in full if the production of the petfluencer content was interrupted before or after production and/or publication and also if the petfluencer does not perform according to the terms of the briefing.

The Brand is independently responsible for any obligation to pay contributions to the artists’ social insurance.

5 Rights, data protection regulations

The personal data provided by Brand, insofar as this is necessary for the establishment, content or modification of the contractual relationship (inventory data), is used exclusively for the processing of the brokerage and usage contract concluded between Brand and Petfluencer and Petfluencer.com as well as for the processing of the contractual relationship between Petfluencer or Brand and Petfluencer.com.

Contact person for questions regarding data protection is our data protection officer:

Prof. Dr. Felix Buchmann
BSB Quack Gutterer
Alexanderstrasse 9b
70184 Stuttgart

Phone: +49 711 953 382 0
Fax: +49 711 953 382 29

E-mail: stuttgart@quack.legal

 

The brand grants Petfluencer.com the right to advertise the successful project on the portal and to publish, edit and exploit the company name and project details of the brand.

All contents of the portal (texts, pictures, graphics etc.) including all software components of the portal, especially the database, are protected by copyright and other protective laws. It is prohibited to reproduce, copy, change and/or edit the portal or parts of it.

Section 6 Liability

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 charged with intent or gross negligence.

Petfluencer.com is entitled to carry out maintenance and care work on the portal and will try to keep disturbances of the accessibility and usability of the portal as low as possible.

Petfluencer.com is only liable for damages other than those caused by injury to life, body and health if they are based on intentional or grossly negligent action or on culpable violation of a fundamental contractual obligation (so-called “cardinal obligation”, i.e. an obligation whose fulfillment makes the proper execution of the contract possible in the first place and on whose compliance the contractual partner regularly relies and may rely) by Petfluencer.com or its vicarious agents.

Any further liability for damages is excluded. In particular the replacement of the lost profit, indirect damages as well as other financial losses in case of simple negligence is excluded. 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.

As far as Petfluencer.com negligently violates an essential contractual obligation, the obligation to pay compensation is limited to the typically foreseeable damage, in any case, however, to the amount of 50.000,- EUR.

Petfluencer.com is not liable for the loss of data, if the damage would not have occurred in the area of responsibility of the fire if the data had been properly backed up. A proper data backup can be assumed if the fire verifiably backs up the data stock at least daily in machine-readable form and thus guarantees that these data can be restored with reasonable effort. The liability of Petfluencer.com for the loss of data is limited to the typical recovery effort that would have occurred with proper data backup.

In the production of the Petfluencer contents, offers and briefings the Brand is obliged not to use any contents and means that are punishable by law or otherwise violate legal regulations; this includes in particular pornographic, seditionary, copyright infringing, competition infringing, immoral, insulting or extremist contents. In addition, the Brand will comply with the relevant and respectively applicable provisions of the respective platform – in particular community guidelines, technical guidelines and the advertising guidelines as well as the principles of the state media authorities for proper advertising, especially appropriate labelling – for the petfluencer contents, offers and briefings which are the subject matter of the contract. Petfluencer and Brand are solely responsible for ensuring that the respective Petfluencer contents comply with the terms of use of the platform used and applicable law.

Brand indemnifies Petfluencer.com from all claims of third parties, especially those that arise from a violation of copyright, trademark law, competition law, media law, tax law, social security law (also artists’ social security law) or other contractual obligations of Brand. Petfluencer.com is not liable for any additional tax claims resulting from the violation of the obligation to show the value added tax, or any social security contributions resulting from the violation of the obligation to pay contributions, any interest or other damages resulting from this, as far as these are based on missing or wrong information of the Petfluencer.

Petfluencer.com only provides the mediation of the order between Petfluencer and Brand. Petfluencer.com is not responsible for contents of the Petfluencer contents, 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, information on identity, bank data etc. Petfluencer.com also does not check whether and to what extent the petfluencer content created by the petfluencer meets the briefing requirements.

7 Confidentiality

The Brand undertakes to maintain silence about the briefings and information on the production of Petfluencer content. This includes all information communicated within the platform. This includes 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 from Petfluencer.com and information subject to secrecy.

The brand is especially prohibited to spread, announce or otherwise publish this information on the internet, especially in so-called social networks and media.

Excluded from this obligation is such information that the fire was already known beforehand without any obligation of secrecy, or are or become generally known, without this being the fault of the fire, or the fire has been notified or left to the fire by a third party without any obligation of secrecy or are to be made available to authorities on the basis of legal regulations or have been released in writing by Petfluencer or Petfluencer.com towards the fire for announcement.

8 Final provisions

The place of performance, payment and fulfilment is the registered office of Petfluencer.com.

This agreement is governed exclusively by the law of the Federal Republic of Germany under exclusion of international private law and under exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG), even if a contracting party has its registered office abroad.

Exclusive place of jurisdiction for all disputes arising from the contractual relationship with the Brand is Stuttgart.

For possible agreements between Petfluencer and Brand among themselves, the law of the Federal Republic of Germany is also agreed upon under exclusion of the international private law as well as under exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG); Petfluencer and Brand can make agreements among themselves that deviate from this.

Should any provision of these terms of use be or become invalid, this shall not affect the validity of the remaining provisions. Instead of the ineffective provision, the relevant statutory provisions shall apply.

 

 

01.01.2020

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