Terms and Conditions (valid from 11.03.2020)
§ 1 Service
(1) Please read these general terms and conditions (“Terms and Conditions”) carefully before using the website https://streamad.info and the service offered there. The website https://streamad.info (hereinafter “the Service”) is operated by StreamAd UG (haftungsbeschränkt) & Co. KG (in the following “StreamAd”, “us”, “our” or “we”). Your access to and use of the Service is conditioned on your acceptance and compliance with these Terms and Conditions. These terms and conditions apply to all visitors and users who enter this website or use the service. By accessing or using the Website or the Service, you agree to be bound by these Terms and Conditions. If you do not agree to any part of these Terms and Conditions, you may not use the Service.
§ 2 General and Scope
(1) These terms and conditions govern the contractual relationship between StreamAd UG (haftungsbeschränkt) & Co. KG, Jagdstraße 5, 80639 Munich, Germany (hereinafter referred to as “StreamAd”) and the participants in the StreamAd partner program (hereinafter referred to as “partner” or “participant”). They apply to all business relations between StreamAd and the participant, regarding the use of the services and products offered by StreamAd as well as the use of the internet platform available under https://streamad.info.
(2) By submitting the registration for participation in the StreamAd partner program, the participant accepts these terms and conditions and the precedence of these terms and conditions over his or her other contractual terms.
§ 3 Conclusion of contract
(1) A contract is concluded after registration of the participant and the activation of the participant for the StreamAd partner program. There are no verbal agreements or verbal assurances that go beyond the content of the contract.
(2) Minors are excluded from participation in the StreamAd partner program.
(3) The participant acts independently as an entrepreneur.
§ 4 Registration
(1) Each participant must register with StreamAd by signing up to participate in the StreamAd Partner Program. When registering, the participant must truthfully provide the following information:
– Postal address
– contact details
– Dates of birth
– Information on commercial activity
– Company name, address and VAT number, if applicable
– Details of the advertising spaces
– Details of the payout
(2) Each participant must ensure that the registration data is truthful, complete and up-to-date. Otherwise there is a violation of these terms and conditions, which can lead to the immediate termination of the contract, the refusal of payouts.
§ 5 Duration of contract and termination
(1) The contracts are concluded for an indefinite period.
(2) The contracts can be terminated at any time by either party by e-mail without giving reasons.
§ 6 Partner
(1) Participants in the StreamAd Partner Program are partners. Partners promote the products and services of StreamAd’s advertising customers on their own responsibility, independently and entrepreneurially by publishing advertising material on their social video channel. For this the participants receive fees according to §7, §8 and §9.
(2) The participation in the partner program is free of charge for partners.
(3) Partners are free to choose to participate in the StreamAd partner program, to participate in the advertising campaigns offered by StreamAd and to publish the advertising content.
(4) The partners can remove the shown advertising banners, advertising messages and links at any time without giving reasons.
§ 7 Fees
(1) StreamAd will pay partners an individual and campaign-type-dependent amount for the publication of advertising in accordance with the following clauses:
– In the ad impressions campaign type, StreamAd pays the partner an amount for ad impressions according to §8 (affiliate condition model Pay per View). Units of one thousand ad impressions are billed according to the thousand-contact price (CPM).
– In the Viewerhours campaign type, StreamAd pays the partner an amount for each viewerhour according to §9 (affiliate condition model Pay per View). Units of one viewer hour each (Vh) are billed
– In the Pay per Action campaign type, StreamAd pays the partner an amount for each action of a viewer (affiliate condition model Pay per Action). An action can be a click, a sale, a registration, an installation or other actions. The action applicable to the campaign is defined in the campaign selection. Units of one action are billed.
(2) The thousand-contact price (CPM), the price for one viewer hour and the price for one action are defined by StreamAd on a partner-specific basis and depend on the advertising campaign. The partner-specific prices valid for an advertising campaign can be viewed by the partners at any time in the campaign selection on the StreamAd platform https://streamad.info
(3) Campaign and partner-specific prices can be changed by StreamAd at any time with three working days’ notice. The partners will be informed about a change by StreamAd immediately by e-mail.
§ 8 Ad Impressions, Viewerhours & Actions
(1) The ad impressions, viewerhours and actions to be remunerated are determined exclusively and finally by StreamAd. This also applies if the number can be determined parallel by third parties. StreamAd determines the number of ad-impressions, viewerhours and actions with a technology developed in-house. Among other things, the individual key figures of the participant’s social video channel and campaign-dependent performance indicators (e.g. sales, clicks, conversions, …) are taken into account. All required key performance indicators are determined and processed using automatic programming interfaces (API) or manually by StreamAd employees. The partner undertakes to grant StreamAd the rights to collect and process the data for this purpose.
(2) Only ad impressions, viewerhours and actions will be remunerated, where the advertising banner was displayed well and completely visible and with full opacity and not hidden.
(3) Only ad-impressions, viewerhours and actions will be remunerated where the advertising banner was displayed in the prescribed size.
(4) Only those ad impressions, viewerhours and actions are remunerated in which the advertising banner was integrated via the StreamAd widget with the partner-specific link including the partner-specific StreamAd token. The partner-specific link can be viewed by the partner on the StreamAd platform.
(5) Only ad impressions, viewerhours and actions are remunerated if an advertising message has been published in the user chat of the social video channel at regular intervals and the viewer has received the advertising message.
(6) Only ad-impressions, viewerhours and actions will be remunerated if the participant has observed and fulfilled all rules of the advertising campaign. The participant can view the campaign rules on the StreamAd platform and must accept them before participating in the campaign.
(7) Only ad-impressions, viewerhours and actions generated during the defined campaign duration are remunerated. The partner can view the respective campaign duration in the campaign selection on the StreamAd platform.
(8) Ad-impressions, viewerhours and actions generated via Videos on Demand are not remunerated.
(9) Ad-impressions, viewerhours and actions generated via advertising spaces other than those specified when registering for the partner program (URL Social Video Channel) will not be remunerated.
(10) Only admissible ad impressions, viewerhours and actions will be remunerated. Inadmissible ad impressions, viewerhours and actions are ad impressions, viewerhours and actions that
– with the help of automated programs of all kinds,
– by viewer bots,
– by payment of sums of money or by submission of false facts,
– by request of the viewer,
– by deleting cookies,
– by continuously updating the page of the participant’s Social Video Channel
– by opening the participant’s social video channel several times
– by hosting another social video channel
– through the Twitch Frontpage
– through integration in websites of third parties
– other means that are against the interest of StreamAd and/or the advertiser
were generated. In particular, inadmissibility is assumed in this case,
– if ad impressions, viewerhours, actions or clicks are disproportionately high from the same IP address,
– with an unusually high ratio between ad impressions, viewerhours, actions and click rates or
– in case of unusually high ad impressions, viewerhours, actions and click rates in relation to the average number of viewers and followers of the partner’s social video channel.
StreamAd is the sole and final decision on whether or not an ad is inadmissible. Ad-impressions, viewerhours and actions that are judged to be inadmissible will not be remunerated.
(11) StreamAd reserves the right at any time to deny and not to refund ad-impressions, viewerhours and actions until the payment of the money and without giving reasons.
§ 9 Settlement and payment
(1) If a participant has generated ad impressions, viewerhours or actions in accordance with § 8, the participant shall receive remuneration in accordance with § 7.
(2) On the first day of each month, the partner can always download a statement for the previous month from the StreamAd platform. By the 15th day of a month at the latest, the invoice amount will be paid by StreamAd to the participant’s PayPal account, which was deposited with the registration. Any transaction fees are to be paid by the participant and can be deducted from the credit note. The invoice and the ad impressions, viewerhours and actions it contains only become valid once the invoice amount has been paid.
(3) In the event of the Partner’s German VAT liability, payment shall be made plus the statutory German VAT. The partner has to pay the value added tax. The partner is obliged to inform StreamAd immediately about any change in the sales tax liability with a proof of the responsible tax office. In the case of the small business regulation the payment is made without the legal German sales tax. The participant has to make sure that the information on sales tax in the registration data is correct and up-to-date and that a corresponding business is registered.
§ 10 Guarantee of StreamAd
(1) StreamAd warrants to its partners that they own all rights to the advertising content of StreamAd’s advertising customers, necessary for the execution of the contract, free of charge and without territorial restriction for the duration of the campaign. For Videos on Demand that are recorded during the campaign, the aforementioned rights to the advertising content apply without time limitation.
(2) StreamAd offers participants a booking and control system. In addition, participants can obtain detailed insight into the remunerated ad impressions, viewerhours and actions at any time.
11 Responsibility and obligation to cooperate of the partner
(1) The participant must be the owner of the specified social video channel and be entitled to freely dispose of the specified advertising space and to market it. In doing so, he must also ensure that the publication of the advertising material does not violate the applicable Terms of Services of the corresponding Social Video Platform or other laws (regardless of the legal system).
(2) The participant must check the content of the advertising banners and the advertising message before publication in his social video channel and ensure that the publication does not infringe the rights of third parties (regardless of the legal system).
(3) The participant must label the advertising material, advertising content and his Social Video Channel as advertising in accordance with applicable law. This also applies in particular to advertising material and advertising content whose design and content do not directly result in a perception as such.
(4) The participant may not host another social video channel of another partner of the StreamAd partner programme if that partner is currently participating in a campaign and publishing advertising content.
(5) The participant must immediately remove the advertising content and inform StreamAd by email to firstname.lastname@example.org if his channel is manipulated by viewer and viewbots.
(6) The participant must immediately remove the advertising content and inform StreamAd by e-mail to email@example.com if he/she believes that he/she is creating illegal ad impressions, viewer hoours or actions.
(7) The subscriber must immediately remove the advertising content and notify StreamAd by email to firstname.lastname@example.org if he or she believes that the interests of StreamAd or the advertiser are being harmed by his or her actions or inaction, or if StreamAd or the advertiser suffers any intangible or material damage as a result of his or her actions or inaction.
(8) The participant agrees not to distribute in his or her social video channel specified at registration any content that glorifies violence, war, erotic, pornographic, inciting, inhuman, objectionable by the German Advertising Council or other illegal content or to refer to pages of such content through hyperlinks.
(9) The participant is solely responsible for all contents including linked contents on his social video channel specified during registration, especially for contents of the livestream, the published videos and the statements made by him.
§ 12 Granting of rights
(1) By accepting these GTCs, the participant grants StreamAd all rights to store and process his data that are necessary for the execution of the contract and the handling of the advertising campaign. These rights are
– the information collected when you register to participate in the StreamAd partner program.
– data about the participant’s social video channel that StreamAd collects automatically or manually from the social video platform or third party vendors
– Information about the subscriber’s advertising performance that StreamAd collects automatically or manually from advertisers or third parties.
(2) The participant grants StreamAd all rights to transfer the collected, processed and stored data to StreamAd’s advertising customers, which are necessary for the execution of the contract and the handling of the advertising campaign.
§ 13 Limitation of liability and indemnification of StreamAd
(1) Claims for damages against StreamAd, its directors, shareholders and employees are excluded, except in cases of willful misconduct or gross negligence or breach of a material contractual obligation. The same applies if compensation for indirect or consequential damages is demanded. Any liability is limited to the damage foreseeable at the time of conclusion of the contract and typical for such cases.
(2) The partner indemnifies StreamAd, its directors, shareholders and employees from all claims of third parties against StreamAd on first demand, if such claims result from a violation of third party rights, legal provisions or obligations under these GTC.
(3) The aforementioned obligations of the partner do not apply if the partner is not responsible for the respective violation of rights.
(4) Mandatory legal regulations, such as liability for personal injury, remain unaffected by the above provisions.
§ 14 Disclaimer of liability
(1) The use of StreamAd and the service offered is at your own risk. We provide our web site and service on an “as is” and “as available” basis without warranty of any kind. The web site and service are provided “as is” and “as available” without warranty of any kind.
(2) StreamAd UG (limited liability) & Co. KG does not guarantee that
– the service works and is available at any time and place, uninterruptedly and securely
– any errors or defects are eliminated,
– the Service is free of computer viruses or other harmful content; or
– the results of using our services meet your requirements.
§ 15 Data protection
(1) The partner is forbidden to collect, process or use the data and information that has come to his knowledge by using the StreamAd platform.
§ 16 Confidentiality
(1) StreamAd and the partner undertake to keep confidential all information originating from the other party which is not publicly known. This does not apply if disclosure is ordered by a court or governmental authority or is necessary to enforce their own rights against the other party in court.
§ 17 Storage and amendments of these General Terms and Conditions
(1) The currently valid General Terms and Conditions are provided on https://streamad.info/partner_agb so that the Partner can read, download and save them.
(2) StreamAd does not store the GTC after the conclusion of the contract with the partners.
(3) StreamAd may change provisions of these T&Cs to meet new organizational and procedural requirements and to reflect resulting changes in the rights and obligations of the parties to the contract and to adapt them to current legal developments and legislation.
(4) The changed terms and conditions will be sent to the participant by email and a notice of the change of the GTC will be published on the StreamAd platform. For the use of all services of StreamAd by the partner the changed GTC have to be accepted by the partner. If the partner contradicts the changed conditions, StreamAd as well as the partner is entitled to terminate the contract without notice.
§ 18 Validity, final provisions and applicable law
(1) Invalid clauses do not affect the remaining provisions.
(2) Should one of the contract points be or become legally ineffective, it will be replaced by a legally effective formulation which comes closest to the economic sense of the legally ineffective one. The same applies to a contractual loophole.
(3) Deviations from these contractual provisions are only permissible if they are agreed upon in writing and expressly confirmed by StreamAd. This also applies to this written form clause.
(4) No other additional agreements to this contract exist.
(5) The non-uniform law of the Federal Republic of Germany applies exclusively. The place of jurisdiction is Munich, Germany, as far as permissible.