Stand: Dezember 2022
Preamble
advanced store GmbH (hereinafter referred to as "advanced store") offers its "advanced suite" service under the domain https://suite.advanced-store.com, under which Publishers can join the Publisher network and thus generate and implement corresponding advertising media (“AdMedia”) for their own websites. If a Transaction is generated via an AdMedia, the Publisher is remunerated accordingly. The corresponding statistics can be monitored in the user area.
1. Application area
The following General Terms and Conditions shall apply exclusively to the business relationship between advanced store and the Publisher. Deviating terms and conditions of the Publisher or third parties shall not be recognized unless advanced store expressly agrees to their validity in writing.
2. Definitions
advanced store – is the operator of the website
suite.advanced-store.com.
advanced suite –is the platform on which the Publisher can generate affiliate advertising material for his websites.
Publisher – is the operator of the website(s) on which the advertising material from advanced suite is placed.
AdTech – is the advertisement technology used within AdCodes or advancedTags and includes all technological solutions of advanced store within advanced suite.
AdCode – is a script that enables both the correct display of an ad and the calculation and sharing of statistics. It is a narrower definition of AdTech.
advanced tag – is a script that enables the use of retargeting.
Cookie – is a small text file that is stored on the computer by the browser.
Tracking – is a technology that assigns the Transaction and other statistical values to the corresponding Publisher
Admedia-Rotation – is a selection of advertising media that are displayed alternately (rotating) in a banner.
Sub-ID – is a parameter that identifies a specific AdMedia.
Transaction – represents a completed action by the user via an AdMedia on the Publisher's website for which the Publisher is remunerated. A Transaction can be open, confirmed, paid or declined.
-open – is the sum of Transactions in EUR that have not yet been validated by the Advertiser.
-confirmed – is the sum of Transactions in EUR that have been validated by the Advertiser and are ready for payout.
-paid – is the sum of Transactions in EUR transferred to the Publisher's account.
-declined – is the sum of Transactions in EUR that have been cancelled and are not paid out.
Fallback –is a technological solution that replaces missing or faulty content with a standard AdMedia or content selected by advanced store.
Click – is a statistical number representing the number of ad clicks exercised.
Impression – is a statistical number that represents how often an AdMedia has been displayed.
3. Participation in advanced suite
A. Registration
Registration for advanced suite is not permitted for minors and other natural persons without or with limited legal capacity as well as persons who have already been expressly excluded by advanced store from using the network.
The Publisher must deposit his bank account data or PayPal data as well as his VAT ID (or EU VAT number) for the payment of any credit.
Upon successful registration, advanced store grants the Publisher a non-exclusive, non-transferable and always revocable right to use advanced suite for the term of this agreement.
B. Compensation
For each Transaction made via an AdMedia generated in advanced suite, the Publisher is allocated a corresponding commission. The commission can vary depending on the AdMedia and Advertiser.
The recording of the Publisher's services subject to remuneration and the processing of payments shall be carried out via the advanced store platform. Commissions earned and released by the Publisher are credited to an internal account managed by advanced store for the Publisher.
The commission is released if the Transaction is successfully carried out via advanced suite AdMedia, is validated and is not subsequently cancelled. Cancellation may occur due to any termination of the contractual relationship underlying the Transaction, e.g. revocation, rescission, avoidance or other rights or actions. The commission is automatically released (validated) if it is not cancelled within 60 days.
In the event that a corresponding credit balance of generated and released commissions is reached, the Publisher shall be entitled to the performance-based remuneration. No interest shall be paid on the credit balance in the Publisher's account.
C. Payout
Settlement takes place in the credit note procedure. The payout depends on the legal form and on the payout method selected by the Publisher.
A payout to the current account or by SEPA transfer requires a minimum payout amount of EUR 50 and is made within four weeks after reaching the minimum payout amount at the end of the month. A payout to the Paypal account requires a minimum payout sum of 10 EUR and is made automatically every 4 weeks. Depending on the legal form of the Publisher, costs may be incurred by Paypal, which must be borne by the Publisher itself.
For business customers, only the payment to the current account or by SEPA transfer is available.
D. Advertising material management
In the user area, the Publisher can choose from various AdMedia from different advertisers. One (or more) AdCode(s) is generated for the selected AdMedia, which defines the correct display of the advertising material on the website.
The Publisher has the possibility to determine the rotation of the AdMedia itself. In addition, the Publisher can provide the generated AdCodes with corresponding SubIDs in order to create detailed statistics. The AdCode itself may not be changed by the Publisher. Any changes to the AdCode may lead to deficiencies in the functionality, for which the Publisher is responsible.
The Publisher has the obligation to keep the display of the AdMedia and the integration on its website up to date and correct. If an AdMedia is deleted, faulty or no longer available for other reasons, advanced store has the right to mitigate this by the fallback.
E. Website administration
The Publisher's web pages must be deposited and validated in advanced suite. Only then may the Publisher use the AdTech on the website. In the event of an error, failure to deposit a website or incorrect integration of AdTech, advanced store reserves the right to suspend or delete the AdTech used by the Publisher.
4. Obligations of advanced store
A. General
The performance obligations of advanced store shall be derived from the performance description of the respective product. Other commitments, promises of performance or ancillary agreements shall only be effective if they are confirmed in writing by advanced store. advanced store provides AdMedia hosting through various providers, on whom the availability of the AdMedia in turn depends.
B. Development of services
advanced store shall be entitled to extend its services, adapt them to technical progress and/or make improvements. This applies in particular if the adjustment appears necessary to prevent misuse or advanced store is obliged to adjust its services on the basis of statutory provisions.
C. Additional services
If advanced store provides additional services without additional remuneration, the Publisher shall have no claim to performance of such services. advanced store shall be entitled to discontinue such services previously provided free of charge within 14 calendar days, to change them or to offer them only against remuneration.
D. Support
advanced store shall only be obliged to provide technical support to the Publisher within the scope of what has been contractually agreed. advanced store shall also not grant the customer any free support services - nor shall advanced store provide any direct support for the Publisher´s customers.
E. Maintenance work and temporary power limitation
advanced store reserves the right to partially or completely restrict its services in the event of maintenance work, updates or other technical changes.
5. Obligations of the Publisher
The Publisher is obliged to deposit his website in advanced suite for the validation process. The AdMedia may only be installed on the validated websites selected in the Publisher's account.
advanced store reserves the right to refuse to display the AdMedia on certain websites (even if these are listed and validated in advanced suite), in particular if this is done at the request of the Advertiser. In such a case, the Publisher is obliged to remove the AdMedia from the website immediately.
6. Involvement of AdTech
If the Publisher fulfils the general conditions of participation, he shall be granted the non-transferable right for the duration of his participation in advanced suite to use the AdMedia made available via the advanced suite within the framework of the advanced store platform for the purpose of advertising. The granting of rights is limited to the specifically intended type of use of the AdMedia. It is not permitted to edit an AdMedia or to use it for other than the intended advertising purposes.
The Publisher is solely responsible for the correct technical integration of AdMedia into the Publisher's website. He is aware that, in the event of incorrect integration of AdMedia, brokered sales may not be correctly recorded or correctly allocated and thus may not be remunerated. The AdTech made available via the advanced store platform for the purpose of integrating an AdMedia may not be changed.
The Publisher is solely responsible for compliance with all data protection provisions in view of its users in regard to its Internet offer. He is aware that the setting of certain cookies, for example, may give rise to obligations to provide information from the point of view of data protection law and may also require the user's consent.
7. Liability and indemnification
A. Liability of the Publisher
The Publisher shall be liable without limitation in accordance with the statutory provisions for damage to life, limb and health caused by a negligent or intentional breach of duty by the Publisher, its legal representatives or its vicarious agents, and for damage caused by intentional or grossly negligent breaches of contract and fraudulent intent on the part of the Publisher, its legal representatives or vicarious agents.
The Publisher shall also be liable for damages caused by simple negligence, insofar as this negligence relates to the breach of such contractual obligations, with which compliance is of particular importance for the achievement of the purpose of the contract. The same shall apply if advanced store is entitled to claims for damages in lieu of performance. However, it shall only be liable insofar as the damages are typically associated with the Agreement and are foreseeable.
Any further liability of the Publisher in the event of the sale of an item is excluded regardless of the legal nature of the asserted claim; this also applies in particular to tort claims or claims for reimbursement of futile expenses instead of performance. Insofar as the Publisher's liability is excluded or limited, this shall also apply to the personal liability of its employees, workers, staff, representatives or vicarious agents.
B. Liability of advanced store
advanced store shall be liable, irrespective of the legal grounds, only in accordance with the following provisions.
advanced store shall be liable in the event of intent and gross negligence in accordance with the statutory provisions.
In the event of slight negligence, advanced store shall only be liable in the event of a breach of an essential contractual obligation, the fulfilment of which is a prerequisite for the proper performance of the Agreement and on the observance of which the customer may regularly rely (cardinal obligation). In these cases, advanced store shall only be liable in the amount of the foreseeable damage typical for such an Agreement.
advanced store shall be liable without limitation in accordance with the statutory provisions for damage to life, limb and health resulting from a negligent or intentional breach of duty on the part of its legal representatives or vicarious agents.
advanced store assumes no liability for the availability of products. Nor does advanced store accept any liability for interruptions, technical faults or similar. No minimum availability of the Internet presence is mutually agreed or owed.
C. Indemnity
The Publisher is aware that in the event of unlawful actions pursuant to Clause 9, there is a risk that claims may also be asserted against the Advertiser and/or advanced store by third parties on account of legal violations justified thereby.
The Publisher undertakes to indemnify advanced store against all possible claims by third parties that are based on illegal or infringing actions by the Publisher or errors in the content of the information and images provided by the Publisher. This applies in particular to copyright, trademark, name, data protection and competition law infringements.
8. Term and termination
This Agreement is concluded between advanced store and the Publisher for an indefinite period of time.
Either Party may terminate this Agreement by giving one week's notice.
advanced store may terminate the Agreement extraordinarily for good cause. Good cause shall be deemed to exist if the Publisher culpably breaches a material contractual obligation.
9. Prohibited actions
A. Website content
The Publisher undertakes to refrain from using AdMedia made available via advanced suite on websites whose content violates applicable law. The integration is prohibited in particular on websites,
- the content of which is punishable or disorderly,
- by which the property rights of third parties (in particular copyrights and ancillary copyrights, trademark rights, patent rights, utility models or registered designs, rights to a name, etc.) are infringed; this also applies to infringements of rights by the use of a specific domain name for addressing the Internet offer,
- which bear the marks of unconstitutional organisations,
- which have pornographic content or content harmful to minors (excluding AdMedia from partner programmes in the erotic category)
- which are contrary to morality
- which contain discriminatory statements or representations with regard to race, gender, religion, nationality, disability, sexual orientation or age.
The Publisher is obliged to check the permissibility of the content of the website offered by it before integrating AdMedia made available via advanced suite.
B. Technical manipulation
Manipulation of the AdTechs by technical devices or other means with the aim of obtaining remuneration claims is prohibited. In particular, the generation of Transactions by the Publisher itself, using its own information, false information or information provided by third parties, is prohibited. The creation of websites or the implementation of advertising measures that encourage the customer to take an action without any real interest is also prohibited.
The technical manipulation, reverse engineering, decompilation, disassembly, modification, unauthorised copying, creation of derivative works or otherwise creating, attempting to create or derive or allowing third parties to do so is also prohibited.
C. Risk of confusion
The Publisher must not design its website in a way that could give rise to a risk of confusion with the website of the Advertiser. The Publisher shall provide its website with an imprint that complies with the statutory provisions and identifies it as the operator of its offer.
10. Intellectual property
For the duration of these general terms and conditions, the Publisher is granted a non-exclusive, revocable, royalty-free, temporally and spatially unrestricted and non-transferable right of use to the available AdMedia and AdTech on the advanced suite platform.
advanced store grants to Publisher a revocable, non-exclusive, non-sublicensable, non-transferable, royalty-free worldwide right to use the interface to the extent necessary for Publisher to perform its obligations under this Agreement.
The Publisher will not modify, reverse engineer or create derivative works of the interface, AdMedia and AdTech and will not attempt to do so.
Each Party is entitled to name the other Party in customer lists and to use the name and logo of the other Party in marketing materials and presentations. Any further use requires the prior written consent of the other Party.
11. Data protection
For details on the scope and use of data, please refer to the data protection declaration, which can be accessed on advanced suite at any time via the link "Privacy policy" (
https://www.ad4mat.com/privacy-policy).
A. Position of advanced store
For the affiliate marketing business, advanced store acts as a data processor. Any processing of personal data that advanced store undertakes is expressly for the purpose of providing an agreed service to the Publishers and the Advertisers. Both, Publishers and Advertisers own the relationship with their users and customers and effectively act as data controllers.
B. Consent of the data subject
The Publisher is obliged to obtain prior, voluntarily given, specific, informed, unambiguous and revocable consent from Visitors to the use of the Cookies.
C. Processing of personal data
For the performance of its services, advanced store may process personal data for the Publisher and Advertiser. For details on the scope and use of data, please refer to the privacy policy, which can be accessed on the advanced suite website at any time via the link "Privacy policy" (
https://www.ad4mat.com/privacy-policy).
12. Severability
Should individual provisions of this Agreement be invalid, this shall not affect the validity of the remaining provisions. The Parties shall endeavour to replace the invalid provision with a valid provision that comes as close as possible to the economic meaning of the invalid provision.
13. Changes to the general terms and conditions
advanced store reserves the right to amend these General Terms and Conditions. advanced store shall notify the Publisher of the amendments or the new General Terms and Conditions by e-mail. The amendments or the new General Terms and Conditions shall be deemed to be agreed if the Publisher does not object to their application within four weeks of receipt of the e-mail. advanced store shall inform the Publisher in the e-mail of the possibility of objection, the deadline and the consequences of the Publisher's failure to act.
14. Applicable law and jurisdiction
This Agreement shall be governed by German law. The place of jurisdiction for all disputes arising from this Agreement shall be Berlin, unless otherwise stipulated by mandatory law.
