Section 1. Scope and Provider
(1) These General Terms and Conditions (hereinafter referred to as “GTC”) shall apply to the contractual relationship on publisher.linkvertise.com (hereinafter referred to as “Dashboard”) between Linkvertise GmbH & Co. KG (hereinafter referred to as “Provider”) and you (hereinafter referred to as “Publisher”) and to all current or future services rendered by Provider.
(2) Provider hereby rejects own conditions of the Publisher, as far as they contradict these conditions, unless expressly agreed otherwise.
(3) Any Publishers acknowledge and confirm by contracting with Provider that they are of legal age (at least 18 years old).
Section 2. Conclusion of the contract
(1) Contracts via Dashboard may only be completed in English.
(2) Access to Provider’s service requires prior registration on the Dashboard and confirmation of the account creation by clicking the confirmation link in Provider’s email sent afterwards. Registration is prohibited if the GTC have already been violated before by Publisher. In this case, an effective conclusion of the contract is not possible. By registering, Publisher accepts these GTC. By confirming, the contract between Provider and Publisher shall be concluded, which is based on the provisions of these GTC.
Section 3. Monetization
To monetize a deep link, which is only accessible if the direct link is known (see section 7 (2) of these GTC), it must first be converted into a Linkvertise-link (hereinafter referred to as “Linkvertise-Link”). Provider monetizes Publisher’s content behind the Linkvertise-Link through advertising placements. Publisher agrees not to be entitled to influence the content and scope of the advertising placements. However, without being obliged to do so, Provider offers a pre-selection with regard to the advertising type (e.g. advertising banner, selection decks or downloads) from which Publisher may choose.
Section 4. Revenue share and accounting
(1) If not otherwise agreed, the revenue share shall be 50/50.
(2) Publisher shall be entitled to view the positive balance on the Dashboard at any time. Predicted or forecast data is a feature to find within the Dashboard. Publisher agrees and accepts that this is only a prediction according to AI-generated technology. The data may therefore differ from this prediction in the final result.
(3) Publisher shall be fully responsible for all tax concerns in connection with said amounts. Publisher acknowledges that Provider may be obliged (subject to governmental regulations) to withhold tax if Publisher has no valid tax exemption.
(4) Publisher agrees to receive invoices and/or accounting statements electronically. They will be provided by e-mail or in the customer account of the website. Provider will notify Publisher for each service whether an electronic invoice and/or accounting statements is available.
Section 5. Terms of Payment
(1) Depending on the payment method and the country, an accruing fee (if applicable) shall be paid to Provider in advance, at the time of the due date without deduction.
(2) With the registration, Publisher provides payment information details for transactional procedure. Publisher is fully and solely responsible for ensuring that the data (e.g. contact and bank details) has been entered or amended completely and correctly. Provider can therefore not be held liable for an incorrect pay-out. If a payout fails due to incorrect data, the provider will charge a fee of US-$ 5.- for this.
(3) By registering and providing the data required for the payment process and by using the chargeable service, Publisher authorizes the payment provider to collect the corresponding amount.
(4) Provider’s payment transactions are powered by Tipalti payee system. Publisher acknowledges that transaction fees may apply (to be paid by Publisher). The following payment methods are used by Provider (depending on the country), and Publisher learns about the possible payment methods (including any fees) in the respective country via the dashboard and/or after consultation with the responsible account manager:
-Wire transfer -PayPal -Check -E-Check -Local Bank Transfer -SEPA Transfer -Intercash
(5) Certain payment methods may be excluded by the Provider in individual cases.
(6) Publisher acknowledges and accepts that payments can be paid later than expected due to certain occurrences such as bank holidays, weekends, public holidays etc.
Section 6. Publisher obligations
(1) Publisher warrants to be authorized and able to enter and perform this contract and to comply with all agreements and legal requirements. By using services and products provided by Provider, the registered Publisher accepts and confirms that using such products and services are for Publishers own usage and not to be shared, redistributed or resold for external use to and for external third parties.
(2) When contacting an employee of Provider, Publisher agrees to communicate with full transparency and to truthfully provide any information requested by Provider.
(3) Each registration generated on the Dashboard should be a unique and individual registration which relates to the use of one user per account.
(4) The Dashboard’s referral/affiliate scheme must not be used fraudulently. The management and monitoring of a registered affiliate is the sole responsibility of Provider. Misuse of multiple registrations under a sole user or source and/or affiliate referral link to be used by the same entity/identity is a fraudulent offense that may result in legal action.
Section 7: Copyrights / Assignment of rights of use
(1) As explained in section 3 of these GTC, the monetization of a deep link requires the conversion into a Linkvertise-Link. This shall only be allowed for Publisher’s own content or for content for which Publisher has been granted exclusive rights to the extent required for this purpose (see also section 8).
(2) By converting a deep link into a Linkvertise-Link, Publisher grants Provider the exclusive rights to make the deep link (including the content) available or to have it made available.
Publisher guarantees
- the existence of the rights assigned by this contract,
- that Publisher has not and will not otherwise dispose of the rights that are the subject of this grant of rights,
- that also otherwise rights of third parties or contractual relations to third parties do not oppose the fulfillment of this contract.
(3) Publisher shall indemnify and hold Provider harmless from and against any and all justified claims of third parties that conflict with the afore-mentioned warranties and shall reimburse Provider for all damages and expenses incurred in this respect, including any necessary legal defense or prosecution costs. Further damage claims of Provider remain unaffected by this liability.
(4) Pending the determination of any claim involving such breach, Provider may withhold sums payable to Publisher hereunder in an amount reasonably consistent with said claims. Provider also reserves the right to suspend the activities at any time due to such breach.
Section 8. Breach of obligations / Program Guide Lines
In case of violations of the following policies, Publisher’s account will be deactivated without the possibility of withdrawals:
- It is not allowed to link to copyright protected or otherwise protected content without owning the necessary rights.
- It is not allowed to link to misleading, fraudulent or illegal software.
- It is not allowed to link to malware or adware content.
- It is not allowed to click on your own links or to use any other means to artificially increase the number of views. (Such as – among others – the following: Third-party services, bots, pay-to-click-, pay-to-surf-, autosurf- and click-exchange-programs, circumvention of technical protection measures etc.)
- It is not allowed to link to pornographic or adult-only content.
- It is not allowed to link to content that promotes violence, hate speech, harassment or to content, which is related to bullying and obscenities.
- It is not allowed to link to content related to illegal drugs.
- It is not allowed to link Linkvertise-Links into each other (“Loop Traffic”) or to use other methods to confuse visitors. So-called link chains, in which Linkvertise-Links appear more than once, are also not allowed.
- It is not allowed to additionally monetize the deep links monetized via the Provider via comparable service providers or to have them otherwise made available to third parties (see above regarding the exclusive granting of rights).
In the event of violations of the afore-mentioned guidelines, Provider also reserves the right to block the links. Exceptions must be expressly approved by Provider.
The same (including the deactivation of the account) applies to:
- Detection of a circumvention of technical protection measures to check traffic quality
- Detection of invalid suspicious activity, bot activity or malicious activity in more than 30% of scanned traffic (including but not limited to Frequency Capping, VPN, Proxy, Data Centers, Abnormal rate limit, Scrapers, Automation Tools, Malicious Bots, Network Anomalies, Excessive rate limit, False Representation, Click Hijacking, Disabled Cookies, Disabled JavaScript and Click Farm)
Section 9. Termination
(1) Publisher shall be entitled at any time without giving any reason to terminate the contract in writing by e-mail, support chat or by deregistering within the Dashboard (data and settings in the user account). Publisher acknowledges that the access to the Dashboard will then be blocked. For the avoidance of doubt, the exclusive rights granted to Provider by Publisher (see Section 7 of this GTC) shall then revert to Publisher.
(2) Provider shall also be entitled at any time without giving any reason to terminate the contract at its own discretion, with or without permission in advance. Publisher acknowledges that the access to the Dashboard will then be blocked at the same time. Provider further reserves the right to remove profiles and/or any content published on the website by or from Publisher. Provider shall not be obliged to inform Publisher of the reason for such termination or removal.
(3) Publisher shall be obliged not to make any intentional or fraudulent false statements when entering Publisher’s profile and other areas of the Dashboard. Otherwise, Provider reserves the right to take legal action. However, Provider also reserves the right to terminate the contractual relationship with immediate effect in such a case and to withhold any payments demanded.
(4) After termination of the contractual relationship, all data of the Publisher can be deleted from the Dashboard. For the avoidance of doubt, Provider shall not be obliged to delete such data due to legal retention obligations.
Section 10. Liability
(1) Provider assumes no responsibility for the content and correctness of the information contained in the Publisher’s registration and profile data, or for any other content created on behalf of the Publisher.
(2) The contract is concluded regarding the requested or offered service solely between Publisher and Provider. Provider does not cover the services of Publisher. Provider cannot be held responsible for and hereby expressly disclaims all possible liability claims of any kind, including claims, services, direct or indirect damages of any kind, knowing or unknowing, suspected or unexpected, disclosed or not, of any kind related to the aforementioned matters. Regarding copyright infringements etc., see section 7 of these GTC.
(3) Provider shall not be liable for damages caused by slight negligence unless material contractual obligations have been breached. In case of a breach of material contractual obligations caused by slight negligence, the liability shall be limited to damages directly connected to the conduct giving raise to liability as well as to damages that were reasonably foreseeable by Provider when entering into the agreement. The limited liability shall also apply to agents, subcontractors and legal representatives of Publisher. The limited liability shall not apply for any culpable injury to life, body and health and any claims based on intent or gross negligence or under the Product Liability Act.
Section 11. Data protection
(1) Personal data of the Publisher (e.g. name, address and e-mail address) are collected, processed and used by Provider in compliance with the data protection regulations, in particular the Basic Data Protection Regulation (DSGVO) and the Federal Data Protection Act (BDSG). The data necessary for the business transaction are stored by us and, if necessary, passed on to external service providers for the purpose of fulfilling the contract.
(2) Publisher acknowledges that the transmission of data on the Internet (e.g. by e-mail) may have security gaps. Accordingly, an error-free and trouble-free protection of third-party data cannot be fully guaranteed. The liability of Provider in this regard shall be excluded.
Section 12. Cookies
Provider may use cookies. Cookies are small text-files that are stored locally in the site visitor’s internet browser cache. Cookies enable more user-friendly services that would not be possible without the cookie setting. Numerous websites and servers use cookies. Many cookies contain a so-called cookie ID. A cookie ID is a unique identifier for the cookies. It consists of a string of characters through which websites and servers can be assigned to the specific internet browser in which the cookie was saved. This enables the visited websites and servers, the individual browser of the data subject from other internet browsers that other cookies included. A specific internet browser can be recognized and identified via the unique cookie ID.
Session-related cookies are automatically restored at the end of the browser session. Other cookies remain on a computer system to recognize the browser during the next visit but can be deleted manually.
A browser can be configured to automatically accept cookies under certain conditions or to always reject them, or to automatically delete cookies when closing the browser. Instructions can be usually found in the help function of the respective browser.
Section 13. Place of Jurisdiction and Applicable Law
The contractual relationship shall be governed by German law. The UN Sales Convention (CISG) and the conflict of laws rules shall be excluded. Exclusive place of jurisdiction is Hamburg/Germany.
Section 14. Final provisions
(1) If Publisher breaches these GTC and Provider does not take any action against it, Provider shall still be entitled to assert rights due to another violation of these GTC.
(2) Provider reserves the right to make changes to the Dashboard, rules and/or conditions, including these GTC, at any time, especially for technical and/or legal reasons.
(3) Illegality or unenforceability of any portion or part of this GTC shall not affect the legality or enforceability of the entire contract. Instead of the respective provision, such an effective provision applies that comes closest to what the parties wanted economically at the time the contract was concluded.
(4) Oral agreements shall not be valid. Valid amendments and supplements to this agreement must be made in writing.
(5) Provider shall be entitled to transfer its rights and obligations of this contract to third parties, in whole or in part.