1、sponsorpay合同SponsorPay GmbHPublisher General Terms and Conditions 1 Introduction1.1 The following terms and conditions (“T&Cs”) apply between SponsorPay GmbH (“SponsorPay”) and the publisher as identified in 2 below (“Publisher”). SponsorPay offers its services to commercial Publishers only. Consume
2、rs are not eligible to become a Publisher.1.2 The T&Cs and any applicable orders placed by the Publisher shall be collectively known as the “Agreement”. Terms and conditions of the Publisher do not become part of the Agreement, unless SponsorPay has accepted them in writing.1.3 The Publisher shall d
3、eliver the advertisements provided by a company seeking to promote its goods or services (the “Advertiser”) through SponsorPay and a dedicated online platform (the “Advertising Platform”) operated by SponsorPay, as selected by the Publisher through the Advertising Platform or individually agreed upo
4、n between the parties (the “Advertisements”) on the website(s) owned, maintained, or controlled by the Publisher and selected on the Advertising Platform (the “Publisher Site”) according to 3subseq.1.4 By operating the Advertising Platform, and rendering the services according to the Agreement, Spon
5、sorPay acts only as an agent between the Advertiser and the Publisher. The Advertiser itself is solely responsible for submitting offers through the Advertising Platform to the Publisher. SponsorPay has no influence in this regard and thus provides no guarantee that offers, and thus Advertisements,
6、will be available in satisfactory quantity.1.5 The Publisher shall set up a system to reward the users of the Publisher Site for activities performed in relation to the Advertisements (the “Incentive System”) according to 6. SponsorPay shall pay the Publisher a consideration according to 7, which de
7、pends on the payment SponsorPay receives from the Advertisers. 2 Registration2.1 A publisher of a website can become a Publisher by registering an account with SponsorPay on SponsorPays website(s). This requires a “Registration Form” to be filled in and submitted.2.2 By filling in the Registration F
8、orm the potential publisher submits a binding offer to enter into a contract with SponsorPay according to the T&Cs (the “Publisher Offer”). All fields of the Registration Form which are marked as being “required” have to be filled in. Any statements submitted through the Registration Form must be co
9、mplete and correct.2.3 The Agreement between the Publisher and SponsorPay is concluded when SponsorPay accepts the Publisher Offer, either by declaring acceptance explicitly, or by otherwise commencing action to fulfil the Agreement.2.4 SponsorPay will promptly confirm receipt of the Publisher Offer
10、 by sending an e-mail to the e-mail address submitted in the Registration Form. This confirmation is not a binding acceptance of the Publisher Offer. The confirmation can however be sent together with such acceptance.2.5 A potential publisher becomes a Publisher as defined in these T&Cs once Sponsor
11、Pay has accepted the Publisher Offer. SponsorPay can decide in its sole discretion whether or not to accept the Publisher Offer.2.6 The Publisher agrees that it will deliver the Advertisements in compliance with all applicable laws, including any laws regarding the transmission of technical data and
12、 personal data. The Publisher will not interfere or attempt to interfere with the proper working of the Advertising Platform or prevent others from using the Advertising Platform.2.7 SponsorPay reserves the right, but shall have no obligation, to review the Publishers display of Advertisements and u
13、se of the Advertising Platform in order to determine whether a violation of the Agreement has occurred or to comply with any applicable law, regulation, administrative or governmental request. 3 Implementation3.1 The Publisher shall deliver all Advertisements in accordance with the Agreement, includ
14、ing any technical specifications and placement requirements provided by SponsorPay to ensure the proper display of such Advertisements. The Publisher is advised to regularly check the instructions published on SponsorPays website.3.2 The Publisher undertakes not to place the Advertisements in a cont
15、ext which might be detrimental to SponsorPay or its reputation (see 4 for details with regard to the Publisher Site).3.3 The Publisher shall implement all code provided by SponsorPay for the delivery of the Advertisements. The Publisher shall bear all costs and expenses related to such implementatio
16、n.3.4 The Publisher must not alter or modify the Advertisements without SponsorPays prior written consent.3.5 The Advertisements shall be displayed in a prominent position. The Publisher shall meet the requirements as reasonably defined by SponsorPay. The Publisher is advised to regularly check the
17、instructions published on the Advertising Platform. The Publisher shall inform its Users in an appropriate manner that the Advertisements are provided by SponsorPay. 4 Publisher Site and Promotion of it4.1 The Publisher shall inform SponsorPay, giving reasonable notice, in the event it intends to ma
18、terially alter the content or appearance of the Publisher Site.4.2 The Publisher Site must not contain any illegal or offending content.4.3 The Publisher warrants and represents that it does not include any illegal or offending content on the Publisher Site. The Publisher warrants and represents tha
19、t it does not use illegal means to promote or advertise the Publisher Site. The Publisher warrants and represents not to use any means which are excluded by SponsorPay to promote or advertise the Publisher Site.4.4 The Publisher shall remove or suppress illegal or offending content (including action
20、s) on the Publisher Site provided by third parties (including users) without undue delay. The Publisher shall take all reasonable measures to prevent the reoccurrence of such infringements.4.5 The Publisher shall hold SponsorPay harmless of any third party claims alleging the Publisher Site contains
21、 illegal content.Website Content which is generally illegal or offending (not exhaustive) Content using any terms or marks, names, pictures, videos, music, games, computer programs, or other material protected by third parties. Content infringing any applicable laws and other legal rules with regard
22、 to youth protection, data protection, protection of personality rights, protection against insults, and public decrial. Content which is false or misleading or which promotes illegal activities. Content promoting or endorsing criminal activities or containing instructions for criminal activities, i
23、ncluding but not limited to information on the production or purchase of arms, child pornography, fraud, drug trafficking, gambling, stalking, spying on trade secrets. Content which is racist, offensive, vulgar, molesting, insulting, threatening, obscene, hateful, invasive of another persons privacy
24、, defaming, libellous, politically extremist, religious, violent, sexist, erotic, or otherwise harmful to underage persons, or of a touting nature.Advertising, Marketing and Promotion which is generally illegal (not exhaustive) Advertising, marketing or promotion material which infringes third party
25、 rights, especially third party trademarks, title rights and copyright. Material which is false or misleading. Any other form of unfair competition.Advertising, Marketing and Promotion which is excluded by SponsorPay Material which uses third party trademarks, or anything which can be confused with
26、third party trademarks, in meta tags, keyword advertising, or as invisible text. All measures commonly not accepted in search engine marketing and search engine optimization.4.6 SponsorPay neither endorses nor approves of actions performed or content made available by the Publisher. 5 Viruses; Spywa
27、re; Malicious Code; Backups5.1 SponsorPay takes reasonable measures to protect its systems against viruses, spyware and other malicious code (together “Malicious Code”), and shall take reasonable measures to check, or have its Advertisers check, all Advertisements delivered through its systems to th
28、e Publisher, for Malicious Code. However, the Publisher acknowledges that Malicious Code can never be completely prevented. It is the Publishers responsibility to protect all data stored on its systems against unauthorized access, and data loss. The Publisher shall make its users waive, as far as le
29、gally permissible, all potential claims against SponsorPay based on Malicious Code, and inform its users as to appropriate measures to protect their systems.5.2 Unauthorized third parties may send e-mails under the name of SponsorPay, without SponsorPays knowledge or consent, and such e-mails may co
30、ntain Malicious Code or links to web content which, in turn, contains Malicious Code. SponsorPay cannot prevent such behaviour. The Publisher shall, therefore, recommend its users to check all incoming e-mail for Malicious Code prior to opening them. 6 Incentive System; Credits6.1 The Publisher shal
31、l establish and maintain, at its sole expense, an Incentive System. The Incentive System shall be designed in a way which encourages users of the Publisher Site to perform certain actions with regard to the Advertisements. The actions to be encouraged shall be those which are determined by the Adver
32、tisers, and which are clear to the Publisher and the users from the Advertisements, or the Advertisers campaign description. That is to say, if an Advertiser seeks users to participate in surveys, the Incentive System shall encourage the users to participate in such surveys or if an Advertiser seeks users to subscribe to its newsletters, the Incentive System shall encourage the users to subscribe to such newsletters. The Publisher shall not endorse any actions which are contrary to the Advertisers interests (such as false entries or multiple participation by the sam
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