§ 1 Service
(1) Please read these Terms and Conditions (“terms”) carefully before using the https://streamad.info website (the “Service”) operated by the company StreamAd UG (haftungsbeschränkt) & Co. KG (called “StreamAd”, “us”, “we” or “our”). Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access to or use the Service. By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.
§ 2 General and Scope
(1) These Terms and Conditions are the contractual relationship between StreamAd UG (haftungsbeschränkt) & Co. KG, Helmontstraße 5, 81739 München (called “StreamAd”, “us”, “we” or “our”) and the participants of the StreamAd affiliate program (called “you”) regarding the access to and the usage of our services.
(2) You accept these terms with the registration to the StreamAd affiliate program.
§ 3 Conclusion of contract
(1) A contract is concluded with your registration and the unlocking of your account to the Streamad affiliate program.
(2) Minors are excluded from participating in the affiliate program.
§ 4 Sign up and registration
(1) You have to register and sign up for the StreamAd afiliate program with the following informations:
– Contact details
– Date of birth
– Information on commercial activity
– Company name, adress and tax number
– Informations about the advertising space
– Payment details
(2) You have to make sure, that these informations are accurate, complete and current all time. Failure to do so constitutes a breach of the terms, which may result in immediate termination of the contract, in denial of payouts and in defining Ad-Impressions as inadmissible.
§ 5 Contract duration and termination
(1) The contract is concluded indefinitely.
(2) The contract can be terminated at any time by email from both sides without giving reasons.
§ 6 Partnership
(1) As a participant of the StreamAd affiliate program you advertise self-responsible and entrepreneurial by publishing advertising material via your social video channel. For this you get payed according to §7, §8 and §9.
(2) The participation in the StreamAd partner program is free of charge.
(3) You can decide wether you participate in the StreamAd partner program or not. You can decide wether you participate in an offered advertising campaign or not. You can decide wether you publish advertising material or not.
(4) You can remove the advertisement at any time without giving reasons.
§ 7 Payment
(1) We pay you an amount for every Ad-Impression according to the following paragraphs.
(2) The payment is based on a thousand Ad-Impressions (“cost per thousand” or “CPT”).
(3) StreamAd defines the CPT partner-specific and the CPT depends on the corresponding advertising campaign.
(4) You can see the current CPT anytime in the campaign overview at our website https://streamad.info.
(5) StreamAd can change the CPT with a period of three days. We will inform you about the changes by email.
§ 8 Ad-Impressions
(1) An Ad-Impression is a total view of your channel that has been generated, while you are live and participate in a campaign.
(2) You are only getting paid for the Ad-Impressions if the advertising banner was fully visible.
(3) You are only getting paid for the Ad-Impressions if the advertising banner was displayed with the required minimal dimensions.
(4) You are only getting paid for the Ad-Impressions if the advertising banner is displayed via the StreamAd widget with your specific streaming link. You can find your streaming link at the StreamAd platform.
(5) You are only getting paid for the Ad-Impressions if you stick to all the specific campaign rules. You can find the specific campaign rules at the StreamAd platform and must accept them.
(6) You are only getting paid for the Ad-Impressions that have been generated during the runtime of the specific campaign. You can find the campaign duration at the StreamAd platform.
(7) You are not getting paid for Ad-Impressions that are generated by Videos on Demand.
(8) You are not getting paid for Ad-Impressions that are generated by other advertisement spaces than you specified at the registration.
(9) You are only getting paid for Ad-Impressions that are admissible. Inadmissible Ad-Impressions are Ad-Impressions that have been generated
– with help of automated programs of all kinds,
– with viewbots,
– by paying money or fraudulent misrepresentation,
– by calling the audience,
– by deleting cookies,
– by frequently reloading the social video channel or
– by opening multiple instances of the social video channel.
Ad-Impressions are inadmissible if
– the Ad-Impressions or clicks are in disproportionate amount from the same IP-Adress.
– there is a disproportionate ratio between Ad-Impressions and clicks.
– there is a disproportionate amount of Ad-Impressions and clicks compared to the average viewership or followers of your social video channel.
StreamAd decides solely if Ad-Impressions are inadmissible.
(10) StreamAd and only StreamAd determines the admissible and paid Ad-Impressions, even if you or a third party can determin the Ad-Impressions. We use our own technology to determin the admissible Ad-Impressions, based on the total views of your social video channel via an API. At the registration to the StreamAd affiliate program you must grant us the rights to collect these data.
(11) We reserve the right to declare Ad-Impressions inadmissible at any time and without giving reasons and do not pay them.
§ 9 Billing and payout
(1) We pay you according to §7, if you generated Ad-Impressions according to §8.
(2) You receive a bill on every first day of a month for the Ad-Impressions generated in the month before. You can view and download the bill at the StreamAd platform. We transfer the invoice amount to your registered PayPal account no later than 14 days after the invoice is drawn up.
(3) You are responsible for paying the corresponding taxes according to the tax laws of your country.
§ 10 Warranties from StreamAd
(1) We guarantee that you have all rights of the advertising materials that are necessary to fulfill the campaign. You have these rights locally and in time without restrictions. You get these rights free of charge.
(2) We offer you a booking and control system on our platform. There you get detailed informations about the paid Ad-Impressions.
§ 11 Your warranties and cooperation
(1) You have to be the owner of the registered social video channel and have to have the rights to advertise over the registered advertising spaces.
(2) You have to check the content of the advertising material carefully before you publish them over your social video channel. You must ensure that you do not violate the rights of third parties by publishing the advertising material, regardless of the legal order.
(3) You are not allowed to host other social video channels that participate in the same campaign as you do.
(4) You have to remove the advertising material immediately and write an email to email@example.com , if your channel is manipulated by view- or viewerbots.
(5) You have to remove the advertising material immediately and write an email to firstname.lastname@example.org , if you think that you are generating inadmissible Ad-Impressions.
(6) You have to remove the advertising material immediately and write an email to email@example.com , if you think that you harm the interests of StreamAd by publishing the advertising material. You also have to remove the advertising material immediately and write an email to firstname.lastname@example.org if you think that you will cause material or immaterial damage to StreamAd by publishing the advertising material.
(7) You agree that you will not create, upload, transmit, distribute, or store any content that is inaccurate, unlawful, infringing, defamatory, obscene, pornographic, invasive of privacy or publicity rights, harassing, threatening, abusive, inflammatory, or otherwise objectionable.
(8) You have to mark the advertising material, if the viewership can not identify it immediatly as advertising material due to the design and content.
(9) You are solely responsible for the content and hyperlinked content of your registered social video channel.
§ 12 Grant of rights
(1) With the registration and the acceptance of these terms you agree that you grant us all rights to save and process your personal data that are needed to fulfill the contract and to run the advertising campaign. These are your personal data you entered at the registration for the StreamAd affiliate program and the data we collect via an API from the social video platform.
(2) With the registration and the acceptance of these terms you agree to grant us all rights to transfer your personal data that are needed to fulfill the contract and to run the advertising campaign, to the advertising customer of the campaign.
§ 13 Limitation of liability
(1) StreamAd, its managing directors, shareholders or employees are in no event liable to any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses.
(2) You agree, that you indemnify StreamAd, its managing directors, shareholders and employees from all claims of third parties, if the claims results from violating the rights of third parties, from violating legal order or from violating these terms.
(3) The limitation of liability is not effective if you are not responsible for violating the rights.
(4) Mandatory legal regulations, such as liability for personal injury, shall not be affected by the above provisions.
§ 14 Disclaimer
(1) Your use of the Service is at your sole risk. The Service is provided on an “as is” and “as available” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
(2) StreamAd UG (haftungsbeschränkt) & Co. KG does not warrant, that
– the Service will function uninterrupted, secure or available at any particular time or location,
– any errors or defects will be corrected,
– the Service is free of viruses or other harmful components or
– the results of using the Service will meet your requirements.
§ 15 Data protection
(1) You are not allowed to gather, process or use data from our website. This does not apply to the anonymised gathering, processing and use of data for the purpose of optimization and controlling of your advertising space.
§ 16 Confidentiality
(1) StreamAd and you obligate to keep all informations confidential, which are from the other party and which are not public known. This does not apply if a disclosure is ordered by the court or by the authorities or is necessary for judicial enforcement of its own rights against the other party.
§ 17 Storage and modification of these terms
(1) You can find and download the valid terms and conditions on the website https://streamad.info/partner_agb.
(2) We will not save the terms and conditions after we concluded a contract with you.
(3) We may change these terms and conditions in order to meet new organizational and procedural requirements and to reflect the resulting changes in the rights and obligations of both contractual parties and to adapt them to the current legal develoment and situation.
(4) We send you the changed terms and conditions by email and you will get noticed about the changes on our website. The access to and use of our Service is conditioned on your acceptance of and compliance with the changed terms and conditions. If you disagree with any part of the terms and conditions then you may not access and use the service furthermore.
§ 18 Validity, final clauses and applicable law
(1) Invalid clauses do not affect the remaining provisions.
(2) Should one of the contract terms be or become legally invalid, it shall be replaced by a legally effective wording which is closest to the economic sense of the invalid ones. The same applies to a contractual gap.
(3) Deviations from these contractual provisions are only permissible if they have been agreed in writing and are expressly confirmed by StreamAd. This also applies to this typeface clause.
(4) There are no other supplementary agreements to this contract.
(5) These terms and conditions shall solely be governed and construed in accordance with the non-uniform laws of the Federal Republic of Germany. The court of jurisdiction is as far as permitted Munich.