Publisher Conditions of Participation viversum Partner Programme
viversum GmbH (hereinafter: “viversum”) operates websites/apps under various brands through which people seeking advice can make use of paid spiritual life advice (e.g. by telephone, e-mail or chat) (hereinafter: “viversum products”).
viversum operates a partner programme (hereinafter: “viversum partner programme”) via the affiliate network (hereinafter: “affiliate platform”) of EASY Marketing GmbH (hereinafter: “EASY Marketing”). The Purpose and aim of the viversum partner programme are the provision of advertising services via the advertising environments of the participants in the viversum partner programme (hereinafter: “publisher”) to acquire new customers for viversum products.
1. Scope, Right of Modification
The participation in the viversum partner programme is subject to these conditions of participation. Conflicting, deviating or supplementary terms and conditions of publishers are objected to. These conditions of participation also apply to all future viversum partner programmes.
The following terms have the following meaning for the purposes of these conditions of participation:
“publisher account”: Publisher's access to the viversum partner programme via the affiliate platform, as granted to him/her after activation by viversum
“publisher contract”: The contract concluded between the publisher and viversum based on the publisher's registration and activation by viversum with regard to the publisher's participation in the viversum partner programme
“PID”: Identification number of the publisher participating in the viversum partner programme
“advertising environment”: The publisher's online/mobile services (e.g. websites, apps, social media profiles, search engine marketing) specified by the publisher with the content checked by viversum
“advertising materials”: The logos, advertising banners, buttons, text links, etc. made available by viversum to the publisher via the affiliate platform
“viversum websites/apps”: Websites/Apps of viversum to which the publisher has to forward
“customer”: Any person who accesses the viversum websites/apps by clicking on an advertising material integrated in the publisher's advertising environment and registers as a customer there (online or by telephone)
“new customer”: new customer who is full of age, legally capable and has not yet registered with viversum as a customer and who has provided valid contact details (name, address, e-mail address, telephone number) when registering as a new customer
“fee-based advice”: fee-based advices used by a new customer with viversum
“cookie dropping”: Targeted and automatic placement of cookies relevant for affiliate tracking in the user's browser without the user being directed to a website as a result of a click
3. Registration, Conclusion of Contract
3.1. The viversum partner programme is open to legal entities and natural persons of full age and unlimited legal capacity. In the case of a legal entity, the person making the registration must be authorised to register. The same applies if a third party (e.g. an agency) registers on behalf of a publisher. At the request of viversum, the proof of authorization must be furnished.
3.2. By registering for the viversum partner programme on the affiliate platform, the publisher makes an offer to viversum to conclude a publisher contract. By registering, the publisher agrees to these conditions of participation and to any programme-specific conditions stated on the affiliate platform.
3.3. The data provided by the publisher upon registration must be truthful. Multiple registrations, registrations under false names or with false data, in particular with fraudulent intent, are prohibited and will result in civil and possibly criminal prosecution. The publisher is obliged to keep his data up to date, i.e. to enter changes immediately into the publisher account himself/herself. If the publisher provides incorrect information during the registration process or omits a later correction, he/she may be excluded from further participation in the viversum partner programme.
3.4. The publisher contract comes into effect when the publisher account is activated. All viversum products for which a publisher can apply are listed on the affiliate platform. viversum is free to reject a publisher's application without giving reasons.
3.5. A publisher account is not transferable and must not be given to third parties for use. The publisher is obliged to keep his access data protected from third party access and to inform viversum immediately in the event of loss or suspicion of third-party access. The publisher is liable for all actions carried out via his publisher account or by means of his/her access data, insofar as he/she is responsible for the abuse. A culpable breach of the foregoing obligations may also lead to the immediate blocking of the publisher account.
3.6. The publisher can register for a partner programme newsletter when registering for the viversum partner programme or later in the publisher account. Partner programme newsletters regularly inform publishers about viversum and the viversum partner programme. The publisher can unsubscribe from the partner programme newsletter at any time, either directly in his/her publisher account or by clicking on the unsubscribe link at the end of each newsletter.
4. Contractual Object
4.1. After the activation of the publisher account, the publisher can place advertising materials for viversum products in his advertising environment. The publisher receives a performance-related commission for his activities in accordance with the following conditions.
4.2. The publisher is entitled, but not obliged, to provide advertising services for viversum. If the publisher provides such advertising services, he/she has to provide them in accordance with these conditions of participation.
5. Rights and Obligations of viversum
5.1. viversum is entitled to commission third parties with the provision of contractual services in whole or in part.
5.2. viversum is entitled to discontinue, pause, restrict, expand and continuously develop the viversum partner programme, in whole or in part, at any time and at its own discretion, in particular to adapt it to technical developments.
5.3. viversum operates the viversum websites/apps or consulting services within the scope of its technical capabilities. viversum does not owe the publisher any error-free and/or uninterrupted availability of the viversum websites/apps or consulting services.
5.4. viversum provides the publisher with advertising materials (e.g. graphics, advertising banners) as well as hyperlinks and URLs to be used via the affiliate platform.
5.5. viversum grants the publisher a simple right of use, limited to the duration of the publisher contract, to use the advertising materials or the content contained therein (in particular brands and other marks, logos, graphics, texts, images, etc.) within the scope and for the purposes of performing the publisher contract to the extent set out below, in particular to make them publicly accessible.
6. Obligations of the Publisher
If the publisher does not advertise the viversum partner programme via his/her own reach, but by using his/her own or a third-party advertising network, he/she is obliged to impose compliance with these conditions of participation on the publishers participating in this network, in particular with the following obligations, to check compliance with these conditions of participation on a random basis and to immediately remedy violations. The publisher must disclose the use of his/her own or a third-party advertising network when registering.
6.1. Advertising environment
a) The publisher is obliged to observe the statutory provisions as well as the rights of third parties in the provision of his/her advertising services for viversum. As a result, the publisher is only allowed to state during the registration process or add later and use advertising environments regarding which he/she has corresponding rights of disposal or use and whose content does not violate legal provisions, in particular regulations of consumer or competition law and which does not infringe the rights of third parties. The publisher is therefore obliged to design his advertising environment in accordance with the legal provisions (especially to provide a proper imprint) and to refrain from representations of violence, sexual or pornographic content or discriminating statements or representations regarding race, gender, religion, nationality, disability, sexual orientation or age.
b) viversum is entitled to check the content of the publisher's specified or actually used advertising environment and, if necessary, to exclude it from participation or to request the publisher to prove his/her rights of disposal or use.
c) The placement and frequency of the integration of the advertising materials are generally at the publisher's discretion. However, no representation of violence, sexually explicit images or discriminating, offensive or defamatory statements regarding race, gender, nationality, political orientation, religion, disability, age and/or sexual orientation may be made in the environment of the advertising materials. Furthermore, placement is not permitted in a context that may present the business model of viversum and viversum products in a detrimental way or endanger or impair the economic interests of viversum.
d) The publisher undertakes to technically design his/her advertising environment, including entries in search engines, directories or link lists of third parties, in such a way that only genuine clicks are generated.
e) Publishers can be inspired by the viversum websites/apps when creating their advertising environment. The use of content protected by viversum (e.g. photos, texts, logos, graphics, etc.), whether in whole or in part, requires the prior consent of viversum. The same applies to the integration of viversum websites/apps as iFrame; however, this does not apply to special graphics and images made available for use by publishers in the viversum partner programme backend as well as advertising materials containing the iFrame technology.
6.2. Advertising materials
a) The publisher is responsible for the correct technical and legal integration of the advertising materials in his/her advertising environment.
b) The advertising materials provided by viversum may only be used by the publisher for the purposes of the viversum partner programme. Neither advertising materials nor any existing proprietary rights of viversum (e.g. brands and other marks) or protected content (e.g. texts, images, logos, graphics, videos) may be used by the publisher for other own and/or third-party purposes.
c) The publisher may only advertise viversum products with the advertising materials provided and may only place these in the advertising environment that he/she specified when registering or later. The publisher must inform viversum immediately of any significant content or technical changes to the specified advertising environment. The publisher is obliged not to place any advertising materials in this advertising environment until it has been approved by viversum.
d) The publisher may not edit or otherwise change any provided advertising materials, hyperlinks or URLs. The shortening and/or cloaking of tracking links is also only permitted after approval by viversum; approval is only granted if viversum can clearly retrace the concrete advertising environment in which the corresponding advertising materials or link is integrated via which the user accessed the viversum websites/apps. The use of external short service providers such as bit.ly, ad.fly or goo.gl is prohibited and will not be approved.
e) The publisher may not register/have registered or use/used any domains, trademarks or other marks which contain protected trademarks or marks (in isolation or combination) of viversum; this also applies to corresponding typo domains. Furthermore, publishers are prohibited from using or having used such marks on social media portals, in particular as page or group names.
f) All information obtained through participation in the viversum partner programme, in particular through the provision of advertising materials, hyperlinks and URLs, may only be used by the publisher in connection with and for the purposes of the viversum partner programme. The publisher is prohibited from passing on such information, including advertising materials, hyperlinks and URL, to third parties or from using it or having it used for other purposes.
6.3. Prohibited Methods
a) The Publisher is prohibited from offering bonuses of any kind (e.g. payments, goods or services) for clicks, forcing clicks by means of technical devices (forced clicks) and/or cookie dropping and use similar methods of obtaining commissions by fraud (e.g. SEA brand hijacking). Post-view campaigns are also prohibited.
b) Furthermore, the publisher is prohibited from advertising with paid mail providers (e.g. questler.de, anzeigen-lesen.de, klickportal24.de, earnstar.de, info-mails.de) and visitors exchange systems (e.g. ebesucher.de, besuchergratis.de, surfomo-re.de, surftausch.de), which lead users to the viversum websites/apps without the user consciously and voluntarily visiting the viversum websites/apps or in the hope of receiving a premium. The use of layer, pop-up, pop-down and exit-down advertising is also prohibited, even if the users are only forwarded to the viversum websites/apps after clicking them.
c) The distribution of advertising materials, hyperlinks and URLs within the scope of e-mail marketing campaigns (in particular through stand-alone newsletters) is only permitted to publishers after prior approval of the respective campaign by viversum. In this respect, e-mail publishers must send an e-mail to firstname.lastname@example.org stating their publisher name, PID and information on the respective e-mail campaign or newsletter.
d) Publishers are strictly prohibited from spam with regard to the provided advertising materials, hyperlinks and URLs. Publishers are expressly advised that the sending of e-mail advertising without the prior express consent of the recipient is not permitted and can lead to cost-incurring warnings by affected persons, competitors, competition associations and consumer protection associations. The distribution of advertising materials, hyperlinks and URLs by e-mail is therefore only permitted to publishers if the recipients have given their express and verifiable consent in advance to the receipt of advertising e-mails from viversum by means of the so-called double opt-in procedure (DOI) and the advertising e-mails contain a proper imprint of the publisher. At the request of viversum, the publisher must provide evidence to viversum that the persons concerned have given their express and verifiable consent via DOI to receive advertising e-mails.
The foregoing shall apply accordingly to spam in the form of mass posting of contributions in forums, blogs and on social media platforms.
e) Publishers are prohibited from using the terms “free advice”, “free conversation”, “card reading”, “tarot”, “clairvoyance”, “fortune telling”, “channeling”, “medium”, “astrology” or “horoscopes” as keywords in connection with trademarks, domains and other marks used/protected by viversum as well as corresponding typo domains, in particular within the framework of advertising systems such as Google AdWords.
Furthermore, publishers are prohibited from using trademarks, domains and other marks protected/used by viversum as well as corresponding typo domains, in isolation or combination, as meta tags or in a URL, as keywords or in the advertising text, in particular within the framework of advertising systems such as Google AdWords. Aforesaid prohibition applies to all search engines and search networks as well as to all text advertising networks.
f) The advertising of the viversum websites/apps on ad marketplaces is basically permitted to publishers. In doing so, however, they must comply with the aforementioned requirements.
g) The advertising of viversum websites/apps on voucher websites, cashback and bonus websites, banner farms, through retargeting/remarketing or via parking domains is only permitted after express approval of the respective measures by viversum (email@example.com).
h) If the publisher violates the foregoing provisions, viversum is entitled to immediately block the publisher account and terminate the publisher contract without notice. Furthermore, the publisher releases viversum from all claims of third parties, including claims for damages and liability claims, court costs and reasonable legal costs, which result from a culpable violation of the above-mentioned provisions. This includes in particular claims against viversum due to inadmissible e-mail advertising by the publisher.
7. Remuneration and Maturity
7.1. The publisher receives a performance-related remuneration for his/her advertising services. The remuneration model and remuneration conditions for the performance-based remuneration are agreed separately between viversum and the publisher and deposited in the publisher account.
7.2. The publisher has only claim to remuneration if these conditions of participation for valid clicks are complied with and if the conditions of the agreed remuneration model are fulfilled.
7.3. The clicks referred by the publisher shall be recorded and verified by EASY Marketing using the tracking software easy.affiliate within the framework of what is technically possible and their validity shall be determined and confirmed at the reasonable discretion of EASY Marketing. If the easy.affiliate tracking software fails, viversum uses the tracking data of the tracking tools used by viversum to determine the publisher's brokerage services.
7.4. Only voluntary and conscious clicks by users on advertising materials embedded in the advertising environment specified by the publisher are valid. Clicks generated with the aid of automatisms or software or caused by force, deception or threat or otherwise generated in violation of section 6.3 shall not be valid.
7.5. A virtual publisher account shall be set up for the publisher at the inception of the contract, through which the remuneration to be paid to the publisher shall be invoiced. The status of the transactions to be assigned to him or his commissions (“unconfirmed”, “confirmed”, “rejected”) can be viewed by the publisher in his/her publisher account at any time.
7.6. The transactions (registration, fee-based advice) of new customers that are assignable to the publisher and the commissions payable thereon are initially assigned the status “unconfirmed”. Transactions or commissions marked as “unconfirmed” do not constitute a claim to remuneration the publisher to receive remuneration.
7.7. Within two months of the transaction relevant for the remuneration (registration, fee-based advice), viversum checks whether all requirements of the agreed remuneration model have been met. If this is the case, viversum will confirm the respective transaction; otherwise, reject. Transactions marked as “rejected” do not constitute a claim to remuneration.
7.8. On behalf of viversum, EASY Marketing shall prepare an invoice (credit note) for the publisher by the 5th of each month for the transactions (remuneration) confirmed in the previous month and deposits the credit note in the publisher account. The credit note shall state the sum of the remuneration confirmed in the previous month (net) plus (depending on the tax status of the publisher) value added tax. The publisher is responsible for paying the value added tax to the tax authority.
7.9. The credit note does not contain any acknowledgement that the transactions are actually assignable to the publisher and subject to remuneration. If, after confirmation, it turns out that transactions are not actually assignable to the publisher and subject to remuneration, viversum reserves the right to withdraw the confirmation and to reclaim the corresponding remuneration from the publisher or to offset it against credits that have not yet been paid out. The burden of proof for the right to withdraw the confirmation shall be borne by viversum.
7.10. On behalf of viversum, EASY Marketing shall pay the amount stated in the credit note to the account deposited in the publisher account by the 15th of each month, provided that the credit note amounts to at least EUR 25.00; otherwise, credit notes will be paid out in the month in which all credit notes cumulatively amount to at least EUR 25.00, at the latest, however, upon termination of the contract.
7.11. In the case of transfers to bank accounts outside the EU, any bank/transfer fees shall be charged to the publisher and deducted from the credit amount.
7.12. The Publisher is obliged to check the credit notes deposited in his publisher account immediately after deposit and to notify viversum in accordance with commercial standards immediately, at the latest within seven working days, in text form of any obvious or recognisable defects. In the event of justified complaints, EASY Marketing will correct the credit note after consultation and on behalf of viversum and deposit the corrected credit note in the publisher account; the aforementioned deadline for complaints applies accordingly.
8. Contract Term, Termination and Blocking
8.1. The publisher contract shall continue for an indefinite period of time; consequently, the publisher account shall also be made available to the publisher for an indefinite period of time.
8.2. Either party may terminate the publisher contract with regard to all or only individual viversum partner programmes with a notice period of five working days. The right to termination without notice for good cause remains unaffected.
8.3. Each termination requires the text form. Notices of termination by the publisher must be sent to viversum by e-mail to firstname.lastname@example.org or online via the contact form in the publisher account, stating the first and last name, if applicable the company name, the user name, the PID and the full current address.
8.4. The publisher's access to the publisher account shall be blocked with effect from the end of contract or, in the event of termination without notice, with immediate effect.
8.5. viversum reserves the right to block the publisher's access to the publisher account or the viversum partner programme, if necessary without prior notice, until the clarification of the facts, if evidence is given that
· The publisher has registered with incorrect name/data or multiple times;
· The advertising environment specified by the publisher during the registration process or later does not correspond to the advertising environment actually used by the publisher;
· The content of the advertising environment used by the publisher violates legal regulations and/or infringes the rights of third parties;
· The Publisher has made his/her publisher account available to third parties for use or
· The Publisher has violated the obligations set forth in section 6.
8.6. The publisher must remove all advertising materials, hyperlinks and URLs of the viversum partner programme from his advertising environment immediately after termination of the contract and may no longer act as a participant of the viversum partner programme. The publisher has no claim to remuneration for referrals due to insertions of advertising materials after the end of the contract.
9. Rights of Set-off and Retention, Assignment
9.1. The publisher shall only be entitled to exercise set-off and retention rights if and to the extent that the counterclaim is undisputed or has been established as legally binding. A right of retention can only be exercised by the publisher if the counterclaim is based on the same contractual relationship.
9.2. The publisher is not permitted to transfer or assign rights or obligations from the publisher contract to third parties without the consent of viversum.
10.1. viversum shall have unlimited liability in the event of intent, fraudulent intent and gross negligence as well as in the event of culpable injury to life, body or health.
10.2. viversum shall be liable for damages in the event of a slightly negligent breach of essential contractual obligations (cardinal obligations) limited to the amount of the foreseeable damage typical for the contract. Essential contractual obligations are those obligations whose fulfilment is essential for the proper execution of the contract and on whose observance the contractual partner can regularly rely.
10.3. An unlimited liability according to the Product Liability Law due to the absence of a warranted characteristic or a guarantee, if assumed, remains unaffected by the foregoing limitations of liability.
10.4. The foregoing provisions shall also apply to the personal liability of legal representatives, executive employees or other vicarious agents of viversum.
11. Duty of Confidentiality
11.1. The publisher is obliged to maintain secrecy with regard to all confidential information of viversum that comes to his/her knowledge during the term of and due to the publisher contract. In addition to trade and business secrets, “confidential information” includes all technical, economic, financial and other information relating to viversum that is marked as confidential (or with a similar designation) by viversum at the time of disclosure, communicated under confidential circumstances or is to be considered as confidential on the basis of a fair business judgment, in particular sales, margins, marketing and advertising strategies, (planned) products and services, customers, consultants and other cooperation and contractual partners including their name, address and the respective contract content of viversum.
11.2. The publisher is obliged to treat confidential information as strictly confidential and not to disclose, disseminate, publish or pass it on to third parties or to have carried out these actions by third parties. This does not apply if there is a statutory disclosure obligation.
11.3. Confidential information may only be used by the publisher for the purposes of the execution of the publisher contract and only to the extent required for this purpose; it may not be used for any further purposes of the publisher or third parties.
11.4. Regarding the secrecy the publisher shall exercise the same care and take the same protective measures that he/she exercises/takes to protect his/her own information of a comparable confidential nature, but at least the ordinary care. In particular, he/she shall take adequate measures to protect the confidential information against unauthorised access, publication and distribution or other unauthorized use by third parties.
11.5. The foregoing obligations shall extend beyond the term of the publisher contract and shall continue to apply until the relevant information becomes generally public, unless the disclosure is based on a breach of the obligation to maintain secrecy.
12. Choice of Law, Place of Jurisdiction and Severability Clause
12.1. If the publisher is an entrepreneur, the law of the Federal Republic of Germany shall apply exclusively and to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG) and the registered office of viversum shall be the exclusive place of jurisdiction.
12.2. Should any provision of these conditions of participation be or become invalid or unenforceable, this shall not affect the validity of the remaining provisions. In this case, the parties shall endeavour to replace the invalid/unenforceable provision by a valid/enforceable provision that comes as close as possible to the economic purpose of the provision to be replaced. The same shall apply in the event of any unintentional loopholes in the provisions.