The blogfoster GmbH, Mehringdamm 34, 10961 Berlin, HRB 153622B, Register court: Amtsgericht Charlottenburg (hereafter “blogfoster”) is operator of various internet platforms. The following general terms and conditions (hereinafter referred to as the “Terms”) constitute final rules for the use of these Internet platforms by users. The user’s general terms and conditions apply to all declarations of intent and legal or similar transactions against or by users in connection with the use of blogfoster .
2. Subject-matter and definitions
2.1 blogfoster operates under the domain www.blogfoster.com and www.app.blogfoster.com. Blogfoster provides a software-as-a-service technology that allows advertisers to collaborate with bloggers and influencers. Depending on the model, the participation in a cooperation and the publication of an advertorial or an action of a natural person on or through the advertising space or the advertorial will be rewarded.
2.3 “Advertisers” means advertisers, legal entities governed by public law, or public special funds, for which blogfoster services are provided through the publication of online advertising (eg banner, content, video & affiliate advertising formats, etc .) he brings. The legal relationship between blogfoster and the advertisers is finalized in the separate Advertiser-Terms.
2.4. “Publishing platform” means a user-operated website, blog or profile in a platform operated by a third party (such as www.twitter.com) for which the user has the right of access and publication.
2.5 “Advertorial” is a publication / contribution of a user on its publishing platform within the framework of a cooperation with an advertiser under the previously agreed terms and conditions.
2.6 “Cooperation” means the process of the creation and publication of an advertorial on a publishing platform. This is agreed between users and advertisers via the software provided by blogfoster (“cooperation platform”), processed and billed.
3. Rights and obligations of the user and registration
3.1 The use of blogfoster is only permitted for full-time and unlimited natural persons. Minors may only conclude a usage agreement with blogfoster with the consent of their legal representatives. With its initial registration (section 3.2), the user makes an offer for the conclusion of a usage agreement with blogfoster. By logging on, the usage agreement between blogfoster and the user is determined by the terms of this User Agreement.
3.2 The registration of the user account is necessary for participation in cooperative ventures. For this purpose, the user enters the e-mail address and password and registers with the publishing platform on which the advertorials are to be published. By registering, the user assures that he is the owner of the rights of use on the specified publishing platform, or is authorized to conclude this agreement and perform the actions required for the use of the collaboration platform for this publishing platform.
3.3 Before the user can access the cooperation platform, the publishing platform is checked by blogfoster in terms of content and technical content. Blogfoster reserves the right to refuse the unblocking of users at any time and without giving reasons or not to release the user or its publishing platforms for cooperations.
3.4 In addition, the user must take the following steps to unlock his user account for the collaboration platform:
Further information about his publishing platforms under the menu item “Blogprofil” (eg address and account data as well as the sales tax identification number)
Linking at least one publishing platform using the analysis tool blogfoster Insights. When integrating blogfoster insights into a website or blog, the user is obligated to inform his readers in a suitable form on his website. For further information and assistance, please visit www.blogfoster.com/privacy.html.
3.5 The user is obligated to provide the data collected during the registration in a true and complete manner. In the case of a change of his data after the registration has been completed, the user must immediately update the information in his user account or communicate the changes to blogfoster, provided that he can not undertake the change himself. At the request of blogfoster the user is obligated to furnish suitable proof of his identity, his legal age and, if necessary, the consent of his legal representative. Blogfoster is entitled to make use of the cooperation platform or individual functions of the cooperation platform dependent on the provision of a corresponding proof.
3.6 The user shall always keep passwords secret and may not pass them on to unauthorized third parties. The user undertakes to report the loss or any misuse of his access data immediately by e-mail to email@example.com.
4. Participation in co-operation, implementation and remuneration
4.1 Collaboration between users and advertisers requires a professional and trustworthy collaboration between the two parties. Blogfoster supports this collaboration through the cooperation platform and human resources.
4.2 blogfoster displays cooperative offers in the user account, which advertisers have previously enabled for the user; They also contain information on the nature and conditions for the cooperation (“briefing”). The user may apply to cooperate with one or more publishing platforms. For this, the publishing platform with which the user applies for the cooperation must be linked to blogfoster insights. Before an application, the user is informed of the conditions of the cooperation with the publishing platform, the tasks and obligations of the users within the cooperation and the remuneration of the users for the participation in the cooperation and the publication of the advertorials on a Or multiple publishing platforms.
4.3 After the user has applied for a cooperation, the Advertiser is free to refuse or select users or their publishing platforms for cooperation. In both cases the user will be informed via e-mail. If the user and one of his publishing platforms are selected for a cooperation, participation in the cooperation is only binding if the user confirms the selection under app.blogfoster.com and accepts the cooperation and its terms.
4.4 With the acceptance of the cooperation (section 4.3), the user undertakes to fulfill the cooperation according to the described tasks and conditions of the assumed cooperation as well as the principles laid down in the Influencer Code. The Influencer Codex is available at any time at blogfoster.com/influencer-codex. A withdrawal from a co - operation is possible with the naming of important reasons, however, the user can be charged to the costs incurred so far in the interrupted cooperation or the follow - on costs incurred by the withdrawal from the co - operation Of outstanding commission payments. A deduction or offsetting is also possible with outstanding commission payments from other cooperations.
4.5 In particular, the user is obligated to comply with schedules of the cooperation for the fulfillment of intermediate steps and the date of publication. The user is obligated to notify blogfoster immediately if delays of cooperation are foreseeable to him.
4.6 If the User fails to comply with the terms of the Briefing, the Influencer Code or the timetables, then blogfoster is entitled not to pay or reduce commissions, even if they do not affect direct cooperation.
5. General obligations of the user
5.1 The user undertakes not to publish any illegal or illegal content on his publishing platform. In particular, contents are not permitted
For whose use the user does not have the necessary rights of use,
Which infringe the right of others to protect privacy or other personality rights, in particular the right to own image,
With pornographic, obscene, or degrading motifs,
Which are defamatory or implausible or contain untrue facts,
Which may violate and / or legally prosecute the copyright, performance protection, trademark or other rights of third parties.
5.2 The user also undertakes to refrain from submitting,
To carry out or promote anti-competitive activities, such as progressive customer acquisition using chain, snowball or pyramid systems,
Other harassing acts against other users, advertisers, blogfoster or third parties,
To attempt to gain unauthorized access to third-party data,
Blogfoster for unwanted messages (eg spamming), chain letters, etc. To abuse,
To use the Collaboration Platform in a way that can lead to an overload or disruption of the systems of blogfoster.
5.3 In particular, the user is prohibited from attempting to manipulate claims for commission or otherwise illegally by means of one or more of the following practices:
Advertising and advertising materials, advertising and advertising material, advertising and advertising material, advertising and advertising material, advertising, advertising, advertising, advertising,
To use proprietary terms, eg in search engines (eg for search engine marketing or optimization) for the advertiser or third parties, in particular under trademark law,
To advertorials created in cooperations or to the publishing platform in the technical or otherwise artificially artificial visitor in order to increase the number of visitors abusive; This applies in particular to the purchase of visitors via relevant offers (“traffic purchase”),
To animate people to misuse tracking links without an initial personal interest of the person on the content, service or company found under the tracking link,
Tracking links, blogfoster insights and counterpixels on other publishing platforms than on the published publishing platform, or shared collaboration platforms, and thus distort results,
Technically or otherwise abusive artificially increasing the number of visitors or their activity data on the publishing platform in general, in order to achieve admission requirements for participating in cooperations.
5.4 Furthermore, the user is not allowed to:
To publish or communicate information on the process of cooperation, in particular information on remuneration and fees,
Advertorials before the end of 12 months after their publication, to deactivate or to deny this to the public,
Blogfoster Insights on publishing platforms on which advertorials were created within the past 12 months as part of a cooperation with blogfoster,
Content and / or media, such as texts, images, graphics, etc., in the cooperation for which the user does not have the right to use; In the case of an infringement, the user bears the sole liability against claims of third parties.
5.5 blogfoster may take appropriate measures to prevent any breach of duty by the User. In exceptional circumstances, blogfoster is entitled to exclude all or part of the user from the use of the cooperation platform and to freeze or suspend outstanding commissions. In addition, blogfoster reserves the right to initiate legal action as well as to assert claims for damages in the event of damage.
6.1 blogfoster is entitled to use the name, description and title of the publishing platform, its URL, call-up and performance data as well as screenshots of the website in the context of customer and reference lists, before and after the contractual relationship with users for advertising and reference purposes , To publish and / or to mention to customers or prospective customers (especially advertisers). This includes the appropriate use of the trademark (s) and / or other trademark rights of the user. This right shall also continue after the end of the contract, provided that the user expressly rejects the contrary to the blogfoster after termination of the contract.
6.2 The name of the user or his personal data is not used for references, provided that this information is not derived from the domain name or the trademark or license number of the user. The user can store his own description texts and screenshots in his user account and thus influence the data used for reference purposes.
7. Liability of the user / exemption
The user is aware that, in the event of the illegal use of advertising material and other services in connection with the cooperation platform, there is the risk that blogfoster may also be claimed by third parties on the grounds of a legal offense. If a breach of the obligations arising out of these user-conditions by the user leads to the fact that blogfoster is claimed by a third party, the user is obligated to release blogfoster from all claims asserted by the third party at first request. The exemption also includes all the necessary costs that blogfoster incurs through its own legal defense, such as legal expenses.
8.1 blogfoster shall be liable for damages of the user according to the statutory provisions, if the damages were caused intentionally or through gross negligence, they are the result of the absence of a guaranteed quality of the performance, they are based on a culpable breach of essential contractual obligations (see paragraph 2) Consequence of a culpable injury to health, body or life, or for which blogfoster is liable according to the product liability laws.
8.2 Significant contractual obligations in the above-mentioned sense are those contractual obligations whose fulfillment makes the proper implementation of the contract possible at all and on whose compliance the contractual partner may regularly rely and whose violation on the other hand jeopardizes the achievement of the contractual purpose.
8.3 In the case of a breach of a material contractual obligation, the liability is limited to such damages, which must be expected to be typically and foreseeable within the framework of the provision of a service comparable to the cooperation platform. For non-typical and unforeseeable damages, blogfoster is liable only to the extent that the damage was deliberately caused; This does not apply if body, life or health are affected.
8.4 Furthermore, the liability of blogfoster is excluded regardless of the legal basis.
9.1 The payment of the remuneration received by the user for participation in cooperative ventures and the publication of advertorials on his publishing platform shall be made monthly. At the end of each month, the user receives an overview of the sales generated by him. This will be available in the user account as a PDF for download.
9.2. The transactions shown in this statement will be transferred to the account specified by the user 31 days after the credit has been provided in the user account, provided the user has not objected to the settlement. The user has 14 days to check the billing provided in his user account and, if necessary, raise objections. After the expiry of this period, the credit shall be deemed to be final in the relevant amount for the period in question as final by the user.
9.3 For the settlement, blogfoster requires the address and account data, as well as the VAT identification number of the user or the company he represents. These must be entered in the user account, otherwise no invoicing can be carried out (see section 3.4).
11. Term and termination of the contract
11.1 The contract of use is concluded indefinitely. Blogfoster has the right to terminate the usage agreement with a deadline of 14 days. The user may terminate the usage agreement at any time by notifying them in writing of the blogfoster.
11.2 A termination of the user shall be the same if the user deletes his user account using the function provided for this purpose in the user account. In the case of deletion of the user account, whether by the user or through blogfoster, content created within the framework of cooperations by blogfoster must remain available online and may only be deleted twelve months after the first publication (section 5.4).
11.3 The parties’ right to extraordinary termination for important reasons shall remain unaffected.
11.5 With the termination of the contractual relationship the access of the customer to blogfoster is blocked. All rights of the user expire automatically and with immediate effect.
12. Final provisions
12.1 blogoster reserves the right to change less weighty provisions of these user terms and conditions at any time and without naming reasons, provided that this change does not lead to a reorganization of the contract structure as a whole. The main provisions include, in particular, rules concerning the type and scope of the contractually agreed services, the duration and the termination of the contract. The changed conditions will be sent to the user at least two weeks before their entry into force by e-mail. If the user has not objected to the validity of the amended terms within four weeks after receipt of the e-mail in text form (eg by e-mail), the changed conditions are deemed accepted. Blogfoster undertakes to separately notify the users in the e-mail containing the amended terms of the objection and the importance of the four-week period.
12.2 The right of the Federal Republic of Germany to exclude the United Nations Convention on Contracts for the International Sale of Goods and the provisions for the conflict of laws of international private law shall apply exclusively to the User Agreement and the legal relationship between blogfoster and the Customer. The place of fulfillment is Berlin.