Legal
Terms and Conditions
A. General Provisions
1. Scope of Application; Future Validity
1.1 The following terms and conditions apply to the use of the online booking system AdUp (hereinafter referred to as "Booking System") of Axel Springer Teaser Ad GmbH (hereinafter referred to as "ASTA") and to the marketing of online advertising placements between website operators (Publishers) and advertising customers (Advertisers) (hereinafter collectively referred to as "Users"). The General Provisions (see Section A.) apply to all Users, the special provisions for Website Operators/Newsletter Senders (Publishers) (see Section B.) and the special provisions for Advertising Customers (Advertisers) (see Section C.) apply only to Publishers or Advertisers respectively.
1.2 ASTA reserves the right to amend these Terms of Use as well as all other contractually relevant documents with effect for the future. In this case, ASTA will notify all registered Users of the changes beforehand. The changes shall be deemed accepted if the User does not object within four weeks of the notification of the change or continues to use the services without objection prior to this. If the User objects to a amendment, ASTA has the right to terminate the user relationship.
1.3 Any conflicting terms and conditions of the Users shall not apply, even if ASTA does not object in individual cases. Declarations by a User that deviate from or supplement those on the Booking System and the dialogues or input options offered there shall not apply, even if ASTA does not object in individual cases. Effectively agreed individual agreements remain unaffected in any case.
2. Conclusion of Contract; User Account
2.1 The services of ASTA are aimed exclusively at businesses.
2.2 The User is obliged to provide truthful, accurate, up-to-date and complete information during registration in accordance with the specifications of the registration form. Furthermore, he is obliged to keep his data in the member account up to date and correct at all times.
2.3 After registration, each User receives a user account on the Booking System. This includes the details of the User from the registration process as well as the information required for using the Booking System and processing payment transactions. The user account is neither transferable nor inheritable.
2.4 The User is aware that declarations of legal transactions (e.g. confirmation emails, changes to the GTCs or other notices) can be received by him via email. These are deemed to have been received if, under normal circumstances, they can be accessed in the User's inbox on the Booking System or in the email inbox specified by the User during registration.
2.5 The user contract between the User and ASTA regarding the use of the Booking System only comes into effect upon activation of the user account by ASTA. Only this activation (release) of the account in the Booking System enables the publication of the advertisements. The User does not have a claim to participation; ASTA may refuse activation of the account without giving reasons.
3. Legal Relations; ASTA Services; Auction Process; Targeting
3.1 ASTA operates a real-time marketplace for online advertising, where website operators/newsletter senders (Publishers) can post offers for the display of advertising and advertising customers (Advertisers) can post bookings of advertising in ASTA's Booking System. The booking of advertisements by Advertisers is carried out either by direct placement, keyword advertising, AI-based intent targeting or by other current or future targeting processes. Invoicing is carried out optionally based on the cost-per-click (CPC) model, the visibility-based (CPM) model or other compensation models specifically offered and supported by ASTA, such as Cost per Engagement (CPE). The selected invoicing method must be specified by the Advertiser during campaign creation. ASTA continuously calculates purchasing and selling prices automatically within a real-time auction model, based on the specifications for advertising spaces or advertising bookings stored in the service by the users, as well as other parameters (e.g. supply and demand, technical costs, advertising space quality, ASTA margin). ASTA is the contractual partner of the Publisher or Advertiser in its own name and on its own account. There are no direct contractual relationships between Advertisers and Publishers. The contracts between ASTA and Publishers as well as between ASTA and Advertisers are contracts of their own kind and are governed by these GTCs.
3.2 The advertising marketing is based on the auction process. In the auction process, the Advertiser determines the invoicing type for the advertisements in addition to other specifications (e.g. budget, period, target groups) and, where applicable, the following parameters:
3.2.1 Placement Targeting (CPC Model)
If only a single Advertiser has entered a placement request for a particular placement and the Publisher has not blocked the campaign, we reserve the right to book an ad space without taking into account any Publisher minimum CPC. If there are multiple placement requests, the advertising space is allocated according to an optimization algorithm. The ad rank is calculated as follows: Ad Rank = max. CPC × Quality Score The Quality Score is based, among other things, on click-through rate, relevance, account performance and other factors. A higher Quality Score improves the rank at the same CPC.3.2.2 Keyword Targeting (CPC Model)
Alternatively, ads can be served via context-related or search-related keywords. The Advertiser defines a max. CPC for each keyword. In the event of keyword matches, the algorithm decides on the playout in accordance with Clause 3.2.1.3.2.3 CPM-Based Ad Serving
Alternatively, Advertisers have the option to book advertising campaigns based on a CPM (Cost per Mille / Thousand-Contact Price). Compensation in this case is for every 1,000 visible AdImpressions. The placement of the advertisements is based on budget, target group settings, visibility criteria and, if applicable, Publisher minimum CPMs. ASTA reserves the right to define visibility requirements (e.g. viewability according to IAB standards) and other technical specifications for CPM-based campaigns. Targetings can also be added to CPM bookings, provided this is offered in the specific case.
3.3 ASTA reserves the right to supplement the Booking System with further targeting technologies (e.g. retargeting, geotargeting, device targeting) and to apply these with the consent of the Users.
4. General Obligations of Users
4.1 Users must ensure that the user account is only used by themselves and, for this purpose, must keep their password secret in particular. The holder of a user account is fully responsible for all activities carried out through his member account.
4.2 Users must comply with the technical requirements and specifications of ASTA for advertising content and placements (hereinafter referred to as "Technical Specifications") during participation.
4.3 The User is obliged to set up his systems and programmes in such a way that neither the security, integrity nor availability of the systems used by ASTA to provide its services are impaired. ASTA is entitled to take necessary measures (e.g. blocking access) required to secure the system integrity of systems of ASTA or third parties.
4.4 Data Use and Obligations of the User
4.4.1 Consent to the use of personal data: The User undertakes to comply with all relevant data protection laws, in particular the provisions of the General Data Protection Regulation (GDPR), when using ASTA's advertising spaces and services. If the User uses personal data, such as IP addresses, cookies or other tracking data, to display advertising, the User guarantees:
Obtaining consent: Effective consent of the affected website visitors was obtained for the processing of personal data in accordance with Art. 6 para. 1 lit. a GDPR. This consent must have been given voluntarily, informed, unambiguously and with regard to the specific purposes of the data processing.
Documentation of consent: The User undertakes to document consent properly and to make it verifiable to the provider upon request.
Specific purposes: The consent must clearly cover the specific purposes of processing, in particular the use of the data for displaying personalised advertising and, if applicable, sharing it with third parties.
4.4.2 Provision of a privacy policy: The User undertakes to provide website visitors with a complete, easily understandable privacy policy that complies with statutory specifications. This privacy policy must contain the following information in particular:
Type of data collected: A description of the personal data processed (e.g. cookies, IP addresses, user behaviour),
Purposes of processing: An explanation of why and to what extent the data is processed, in particular for displaying advertising,
Legal basis for processing: The consent of the data subject in accordance with Art. 6 para. 1 lit. a GDPR,
Recipients of the data: Information on who the data is shared with, including the provider,
Storage period: An indication of how long the data is stored,
Rights of the data subjects: An overview of the rights according to Art. 13 and 14 GDPR, in particular the right to withdraw consent, the right of access, and the right to erasure.
4.4.3 Proof of compliance: The User undertakes to present appropriate evidence to ASTA upon request of obtaining consent and providing the privacy policy. This includes in particular:
Measures showing compliance with obtaining the consent of the data subjects,
The content and structure of the provided privacy policy.
4.4.4 Withdrawal of consent: The User must ensure that data subjects can withdraw their consent at any time without this having negative effects on their use of the website. In the event of a withdrawal, the User undertakes to cease data processing immediately and to delete the personal data of the data subject, unless there is another legal basis for processing.
4.4.5 Liability of the User: The User indemnifies ASTA against all claims from third parties resulting from a breach of the aforementioned obligations. This includes in particular:
Claims from data subjects due to insufficient obtaining of consent or missing/flawed privacy policies,
Fines or sanctions from data protection authorities due to violations of the GDPR. The User shall bear all legal defence costs, any compensation claims, and other financial obligations arising from a breach of duty.
5. Availability of ASTA
5.1 ASTA guarantees availability of the offer of 97% based on the year. Availability is understood as the ratio of actual time (AT) to target time (TT): AV(%) =(AT / TT) *100. Actual time (AT) is the period during which the system is actually available at the router output of the data centre.
5.2 Maintenance times and interruptions for offline backups required for the maintenance of the system to a reasonable extent as well as interruptions due to force majeure or other causes unavoidable by ASTA, e.g. emergency measures to halt a massive virus outbreak, are not included in the target time.
5.3 ASTA accepts no liability for the performance of third-party AdServers if the Advertiser deposits the advertising material there and not with ASTA.
6. Invoicing and Payment Terms
6.1 Invoicing by ASTA to Users is carried out exclusively electronically and on a monthly basis. Amounts are, unless otherwise stated or no VAT applies by law, plus statutory VAT.
6.2 ASTA deposits the invoices or accounts in the respective user account. The reporting on which the invoice is based is done exclusively in the statistics area of the user account.
6.3 If, in the course of payment processing, a chargeback or incorrect transfer occurs for which the User is responsible, the User must compensate for the additional costs arising from this in the amount of EUR 10, unless the User proves a lower damage.
7. Termination of the User Relationship; Termination of Advertising Contracts
7.1 Each User is entitled to terminate the user relationship with ASTA at any time without giving reasons by giving notice in writing. ASTA may terminate the user relationship with a notice period of two weeks without giving reasons.
7.2 ASTA may terminate a user relationship without notice if
the Advertiser model falls behind on payments for advertising services used by him at ASTA, or
proceedings are initiated against the User to make a statutory declaration (declaration of assets) or insolvency proceedings are opened against his assets, unless the User provides appropriate security, or
the User violates his obligations under this User Agreement and, despite a warning with a reasonable deadline, does not remedy the situation in due time. A warning is not required if it promises no success or the breach is so severe that ASTA cannot reasonably be expected to adhere to the contract. The severity of the breach may also arise from the fact that the User has already been warned several times for a comparable breach.
7.3 The right of both parties to terminate for good cause as well as any statutory right of cancellation of the customer remain unaffected.
7.4 A termination of the user relationship is at the same time the termination of all current advertising contract relationships. Volume advertising contract relationships in ordinary terminations end only upon expiry of the agreed term, if not yet fully delivered at that time they are extended, without prejudice to Clause 7.3, until full delivery. The obligation to pay obligations already incurred by a User towards ASTA remains unaffected by contract termination.
8. Liability of ASTA
8.1 Unless agreed in writing, ASTA does not guarantee that specific results or successes will be achieved with the provision of services and serving of advertising.
8.2 ASTA does not guarantee that websites (mobile and/or online) will remain unchanged during the term of advertising campaigns or remain identical in content or quality or be uninterruptedly accessible.
8.3 ASTA assumes no warranty for defects if the User changes the work himself or has it changed by third parties without ASTA's consent, unless the User proves that the defects were not caused by such modifications and that the removal of defects is not unreasonably made more difficult by the changes.
8.4 Guarantees in the legal sense are not granted.
8.5 ASTA is liable without limitation in case of intent or gross negligence as well as in the absence of a guaranteed characteristic for all damages resulting therefrom.
8.6 In the event of simple negligence, ASTA is liable. In the event of injury to life, body or health, ASTA is liable without limitation.
8.7 If ASTA is in delay with its performance due to slight negligence, if its performance has become impossible, or if ASTA has breached an essential duty, the liability for material and financial damage attributable to this is limited to the foreseeable damage typical for the contract. This also applies to lost profit and missed savings. An essential duty is one whose fulfilment makes the proper execution of the contract possible in the first place, whose breach endangers the achievement of the contract purpose and on whose compliance the client may regularly rely.
8.8 Liability for other remote consequential damages is excluded. The same applies in case of slightly negligent acts of simple vicarious agents.
8.9 In the event of data loss, ASTA is only liable for the effort required to restore the data with proper data backup by the client. In the event of slight negligence by ASTA, this liability only occurs if the client has back up data properly on a daily basis.
8.10 Liability for all other damages is excluded, in particular for data loss or hardware faults caused by incompatibility of the components present on the client's PC system with the new or to-be-modified hardware and software, and for system issues that can arise due to existing incorrect configurations.
8.11 If claims are asserted against ASTA by third parties, including state institutions, in connection with this contract due to the infringement of third-party rights as well as other infringements due to the contractual use of the advertising media, the User will indemnify ASTA against these claims and will provide ASTA with the necessary support in legal defence, which ASTA is entitled but not obliged to handle, and will bear the necessary costs of legal defence for ASTA. The prerequisite for this is that ASTA immediately informs the User in writing of asserted claims and legal infringements, makes no concessions or acknowledgments or equivalent declarations, and enables the User to conduct all judicial and extrajudicial negotiations regarding the claims at his own expense. The assertion of further claims remains reserved.
9. Responsibility for Content; Indemnity by Users
9.1 The User is responsible for the lawfulness of the content, of the advertising media provided by him, and for such content linked to. Lawfulness is to be determined in accordance with German law. However, if there are indications that the content is also subject to the provisions of one or more other jurisdictions (in particular due to its language or when intended for other states), the lawfulness is also determined in accordance with these other jurisdictions. The content must not violate laws, official regulations or public policy.
9.2 In particular, the User will not deliver, offer, provide access to or advertise content that violates the provisions of the Criminal Code (StGB), youth protection law or which
9.2.1 within the meaning of §§ 130, 130a and 131 StGB is incitement to hatred, instructs to commit crimes or glorifies or downplays violence.
9.2.2 depicts children or adolescents in unnatural sexually explicit postures; this also applies to virtual depictions.
9.2.3 is pornographic and has as its subject violent acts, the sexual abuse of children or adolescents, or sexual acts of humans with animals; this also applies to virtual depictions.
9.2.4 is included in Parts B and D of the list in accordance with § 18 of the Youth Protection Act (JuSchG) or is completely or substantially identical in content to a work listed (absolute prohibition within the meaning of § 4 para. 1 of the State Treaty on the Protection of Minors in the Media (JMStV).
9.3 The User will also deliver, offer, provide access to or advertise content that
9.3.1 is pornographic in any other way,
9.3.2 is included in Parts A and C of the list under § 18 JuSchG or is completely or substantially identical in content to a work included in this list, or
9.3.3 is obviously suited to severely endanger the development of children and adolescents or their education into an independent and socially capable personality, taking into account the special mode of impact of the media outlet (relative prohibition in the sense of § 4 para. 2 JMStV), only if he ensures that it is made accessible only to adults (closed user group). This requirement is currently only considered met for content offered in a closed user group or linked from the closed user group. Making corresponding content accessible in other areas requires a separate written agreement between the parties, and the client will approach ASTA of his own accord.
9.3.4 The User will only offer content that is suited to impair the development of children or adolescents into an independent and socially capable personality, in particular those not approved for children or adolescents of the respective age group under the JuSchG, or are substantially identical in content to offers not approved for children or adolescents of the respective age group under the JuSchG (relative prohibition in the sense of § 5 para. 1, 2 JMStV), if he makes the perception of the offer by children or adolescents of the affected age group impossible or significantly more difficult by technical means. The offering of corresponding content must be notified to ASTA in writing in advance and may only take place if ASTA does not object within 10 working days.
9.3.5 The User must label his content and linked content in accordance with § 12 JMStV and comply with the advertising formatting guidelines of § 6 JMStV.
9.3.6 The User must program his content and linked content in accordance with § 11 para.1 JMStV for an approved youth protection software.
9.4 Furthermore, the following must be respected:
9.4.1 national and international copyright and trademark, patent, name and identification rights as well as other industrial property rights and personal rights of third parties, and
9.4.2 the legal systems in force in Germany and other target countries and/or recognized codes of conduct of professional associations (in particular the codes of conduct of the German Advertising Council).
10. Applicable Law; Place of Jurisdiction; Severability; Written Form
10.1 German law applies to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
10.2 The place of performance and exclusive place of jurisdiction, to the extent legally permissible, is Berlin.
10.3 There are no oral or written collateral agreements. Amendments to the terms of the contract must be in writing. This also applies to the cancellation or amendment of this written form clause.
10.4 Should individual provisions of this agreement be or become wholly or partially invalid, the remainder of the contract remains valid. In the event of such invalidity, the contractual partners will make a legally effective replacement provision that comes as close as possible to the economic intention of the invalid provision. The same applies in the case of a gap in the regulations.
10.5 Insofar as reference is made to the written form in these GTCs, this means text form within the meaning of § 126 b BGB.
10.6 If necessary for the execution of the respective order, a data processing agreement is concluded for data processing carried out on behalf of a third party, and a joint controllership agreement is concluded for data processing carried out under joint responsibility with a third party. The corresponding contracts are made available in the customer area.
B. Special Provisions for Website Operators (Publishers)
11. Legal Position
The Publisher offers ASTA the placements determined on the Booking System by registering internet pages on the Booking System. ASTA can accept this offer by corresponding confirmation (activation of the account see A. 2.5) or by serving advertising on the placement. Binding prices in the relationship between Publisher and ASTA may only be the Publisher minimum CPC to be determined by the Publisher. Upon serving of the respective advertising, ASTA acquires the offer/placement of the Publisher at the prices and other conditions agreed via the marketplace and resulting from these GTCs.
12. No Warranty for Ad Content by ASTA
ASTA assumes no warranty for the functionality or the advertising content of the advertising media provided by the Advertiser that are linked to the participating web page of the Publisher. ASTA also assumes no warranty that the displayed ad links are contextually or otherwise related to the participating web page of the Publisher.
13. Responsibility of the Publisher; Support for Tracking / Targeting
13.1 The Publisher is responsible for the content and availability of his website and must regularly check his web pages. He guarantees availability of his participating web pages in accordance with Clause 5 of these GTCs.
13.2 The Publisher must ensure that the placements offered by him meet the technical requirements of ASTA and that ASTA is thus able to place advertising on the registered placements and to collect the access figures (so-called "tracking") required for processing and accounting the advertising relationship. This applies accordingly to any targeting technologies of ASTA or Advertisers. ASTA will inform about these technical requirements.
14. Ad Release by Publisher; Obligation to Serve Ads; Exceptions
14.1 ASTA will only serve advertising from Advertisers on a Publisher placement if the Publisher has not excluded the Advertiser. If there are no requests for the placement reported by the Publisher, ASTA can place self-promotion on the vacant placement free of charge, unless the Publisher objects in writing.
14.2 The Publisher is obliged to publish the advertising released by him, including, where applicable, an AdUp/ASTA logo on the placement reported by him for participation, under the conditions specified by ASTA, unless regulated otherwise below.
14.3 If the Publisher agrees to a fixed volume agreement, he undertakes to provide the corresponding Ad-Impressions on the agreed advertising spaces/formats. If the volume cannot be fully delivered within the agreed period, the period is extended until the delivery is fully completed.
14.4 The Publisher may use the HTML code provided by ASTA exclusively under the URL specified by him and in the context named and described by him. The Publisher receives no compensation for the misuse of the HTML code on websites not intended for this purpose or in a context other than the defined advertising environment. In addition, damage claims by ASTA against the Publisher remain unaffected.
14.5 The Publisher is not permitted to edit or alter the HTML code made available via ASTA without separate written consent from ASTA, or to remove or modify tracking tags integrated into the codes in any form.
15. Guarantee of Disposal Rights; Tests and Optimisation
15.1 The Publisher guarantees that he is authorised to market the advertising spaces registered by him on the Booking System and can freely dispose of the advertising spaces.
15.2 For the purpose of verifying and optimising performance and revenue, ASTA may use the required, reasonable number of Ad-Impressions on the registered advertising spaces free of charge and exclusively for these purposes.
16. Remuneration of Publisher
16.1 The Publisher receives the advertising compensation agreed in accordance with Clause 3 and Clause 11. ASTA is not obliged to disclose its own profit margin to the Publisher. However, the advertising compensation is, where applicable, at least the valid Publisher minimum CPC or Publisher minimum CPM defined by the Publisher.
If Advertisers outbid each other for a placement, higher compensation for the Publisher may result – depending on the stored minimum compensations – which will be displayed to him promptly in reporting.
Alternatively, the compensation can be based on a fixed CPM or share deal, provided corresponding campaign has been booked as a CPM model. For CPM campaigns, the actual compensation is calculated from the achieved valid AdImpressions and the stored CPM value.
16.2 The Publisher's compensation claim against ASTA arises when ASTA sells the placement to an Advertiser and the latter has fully paid the compensation.
16.3 The advertising compensation credit present at the end of each calendar month is transferred 30 days after the end of the month to the Publisher's bank details stored in the user account. The underlying credit note is made available in the user account 10 days after the end of the month.
If the credit is below 100 Euros, ASTA can postpone the payout to the next billing date. If it is less than 20 Euros, ASTA may deduct a processing fee of 5 Euros, unless the Publisher proves lower costs.
16.4 ASTA only pays to the bank details stored in the user account.
17. Impermissible Practices; Prohibited Ad Environment
17.1 The Publisher is prohibited from, itself or through third parties,
directly or indirectly generating requests on advertising transmitted by ASTA, a link or
page views, in particular by repeated manual clicking or by the use of automated program runs (e.g. "robots", "forced clicks", etc.), or
filtering and/or changing the information transmitted by ASTA or
minimising the information transmitted by ASTA or otherwise restricting or obstructing the complete display of the advertisements.
17.2 The Publisher must not register advertising spaces with ASTA if the participating web page directly contains or refers via a hyperlink to pages of such content.
Furthermore, the following environments are impermissible:
content glorifying violence, glorifying war, erotic, pornographic, inciting hatred, or human-despising content, or
symbols of unconstitutional organisations
or otherwise illegal content
PaidMailers, i.e. promotional emails that pay the recipients
Banner farms, i.e. pages that consist almost exclusively of a collection of banner advertisements;
IP traffic, i.e. automatically generated page views;
Dialers, ad- or spyware
Software file-sharing platforms
17.3 Websites on which advertising spaces are made available must comply with the relevant legal provisions, in particular contain the information required under the TMG (so-called contact details / legal notice). The same applies to the way in which the advertising media is placed.
17.4 Websites on which advertising media is placed and the manner of placement must also not adversely affect the reputation or esteem of the brand or the business operations of the advertising customer.
17.5 The Publisher must ensure that after clicking on the advertising media, the URL of the advertising customer is visible in the address bar. Framing of the target sites within the partner websites is impermissible.
17.6 If the Publisher culpably violates the prohibition of impermissible practices (Clauses 17.1 to 17.5), the corresponding advertising compensation claim of the Publisher in accordance with Clause 16 is canceled without replacement, unless the Publisher proves lower damages. In the event of reasonable suspicion of culpable violations of the prohibition of impermissible practices (Clauses 17.1 to 17.5) by the Publisher, ASTA has the right to withhold the corresponding advertising compensation until the matter is clarified, unless the Publisher provides security in the same amount. In addition, the Publisher undertakes to remove the advertising media within a maximum of 24 hours, namely dismantling the HTML codes from his website, if requested to do so by ASTA due to his culpable conduct.
17.7 Clause 17.6 also applies accordingly in the event of evasion of impermissible practices.
C. Special Provisions for Advertising Customers (Advertisers)
18. Legal Status; No Guarantees
The Advertiser and ASTA agree by entering the advertisement on the Booking System and depositing the intended details, e.g. the maximum bids (e.g. max. CPC or CPM) and limits as well as the determination of the advertising spaces or advertising space categories and keywords (see Clause 3), on the publication of this advertising content by ASTA on certain advertising spaces offered for marketing by Publishers on the Booking System, provided these advertising spaces have not been excluded.
In return, ASTA receives the compensation agreed between ASTA and the Advertiser, the amount of which – depending on the selected billing model – results from the real-time auction process (e.g. CPC or CPM) or a volume agreement.
ASTA's duty to serve ads ends after the end of the agreed campaign period, potentially earlier, as soon as the specified budget is exhausted.
Beyond expressly made determinations, ASTA makes no qualitative or quantitative guarantees or statements to the Advertiser regarding the offered advertising spaces, their commercial value or the amount a Publisher is compensated for a specific advertising space.
The Advertiser decides responsibly on which advertising spaces he books the advertising. Whether an ad is displayed on a Publisher's advertising space depends on the ad rank or prioritization within the respective Booking System.
This can – depending on the campaign type – result from parameters such as the maximum bid (e.g. CPC or CPM), Quality Score, target group accuracy, visibility, or available ad inventory. The image-text ads of the Advertiser are published either as image-text ads or text ads depending on the specifications of the Publisher for the relevant ad block. The Publisher can, at his own discretion, either display normally (standard case), hide or replace the "Display URL" text line entered by the Advertiser with a call-to-action (CTA). A selection of reputable and standard call-to-actions is directly stored in the system for this purpose. Regardless of this, ASTA reserves the right to shorten the "Display URL" text line entered by the Advertiser if required by the Publisher's ad block size.
19. Responsibility of the Advertiser; Guarantee of Rights
19.1 The Advertiser is fully responsible in terms of technology and content for his advertising used at ASTA or on the ad spaces arranged by ASTA.
19.2 By uploading, linking or entering the advertisement on the Booking System, the Advertiser guarantees that the ad content does not violate applicable law in the distribution area of the Booking System, in particular Germany and the European Communities, and that he can freely dispose of all rights to the advertising to the extent necessary to fulfil this contract, in particular ancillary copyright, trademark, copyright and/or personal rights, and that there are no conflicting rights of third parties.
20. Impermissible Advertising Content
The Advertiser must not upload, link or enter any advertising at ASTA that directly contains or refers via a hyperlink to pages of such content that
does not clearly signal its promotional character, or
contains content glorifying violence, glorifying war, pornographic, inciting hatred, human-despising content, or
symbols of unconstitutional organisations, or
contains advertising under a false brand or false statements, or
links to pages that bear a trademark infringement
or otherwise illegal content
Only direct target URL links are permitted. Intermediary pages on which personal data is collected or matched without a valid legal basis are impermissible.
Tracking may only take place on the target page in compliance with applicable data protection requirements.
ASTA reserves the right to reject advertising media at any time, especially if they violate legal regulations, third-party rights or the interests of ASTA, or if they resemble editorial content in design without being marked as "Advertisement".
21. Transfer of Rights
By uploading, linking or entering the advertisement on the Booking System, the Advertiser grants ASTA and the Publisher the non-exclusive and globally unrestricted right of use of the advertising content for the period of the agreed ad serving.
22. Compensation Obligation; Payment Options; Maturity
22.1 The Advertiser must pay to ASTA the advertising compensation incurred for the advertising service used by him. This results either from the real-time auction model or directly from a volume agreement reached with ASTA. Billing is based on the selected campaign type:
CPC Model (Cost-per-Click): The compensation is billed per valid click on the advertising medium, up to the maximum bid defined by the Advertiser (max. CPC).
CPM Model (Cost per Mille / Thousand-Contact Price): Compensation is per 1,000 AdImpressions based on visibility criteria defined by ASTA. Billing is based on the CPM bid specified by the Advertiser and the valid impressions achieved in the billing period.
22.2 The payment options for Advertisers are divided into the categories of advance payment and post-payment (invoicing).
22.3 Advertisers always have the option to activate their user account using advance payment. In the case of advance payment, Advertisers pay the planned ad costs in advance by bank transfer to the bank account specified in the user account. Incurred costs (CPC or CPM) are deducted from the prepayment balance. Ad playout is interrupted as soon as no more credit is available, and continued as soon as new credit is received. The advertising compensation invoice is made available to the Advertiser monthly in electronic form in his user account.
22.4 Depending on the creditworthiness assessment by ASTA, post-payment may also be granted to the Advertiser. In this case, invoicing takes place 4 days after the end of each month. The invoice is immediately due for payment and must be transferred to the specified account within 7 days. For amounts under 50 Euros, ASTA can carry the amount forward to the next billing date. For monthly amounts under 10 Euros, a processing fee of 5 Euros can be charged, unless lower damages are proven. In the event of default, ASTA reserves the right to suspend services and to charge default interest of currently 10% p.a.
22.5 ASTA reserves the right to supplement the existing payment options in the Booking System with further options in terms of user-friendliness.
23. Agency Bookings; Right to Postpone
23.1 Insofar as agreed, an agency commission (AE) of the agreed amount will be granted for agency bookings for proven agency activity and invoicing to the agency.
23.2 If ad intervals are agreed, ASTA has a right to postpone if the media performance has not been provided during the agreed period on the booked advertising spaces of the respective Publishers. The duration of the right to postpone corresponds to the booked ad interval, i.e. for example, for an ad interval of 14 days, ASTA can in these cases still provide the service during the 14 days following the ad interval.
Address
Axel Springer Teaser Ad GmbH
Axel-Springer-Straße 65
10888 Berlin
Managing Directors: Serge Heitmann, Christian Schmidt
Registration Court: District Court of Charlottenburg
Registration Number: Charlottenburg HRB 175975 B
Status: 06/2025