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© 2019 Axel Springer Teaser Ad GmbH

Terms and Conditions of

Axel Springer Teaser Ad GmbH

A. General Provisions

1. Scope; future scope

  • 1.1 The following Terms and Conditions apply to the use of the AdUp online booking system (hereinafter referred to as "booking system") from Axel Springer Teaser Ad GmbH (hereinafter referred to as "ASTA") and the marketing of online advertisement placements between website operators (publishers) and advertising customers (advertisers) (hereafter referred to collectively as "users"). The General Conditions thereby (see Section A.) apply to all Users, the special conditions to website owners/newsletter mailers (publishers) (see Section B.) and the Special Conditions for Advertisers (see Section C.) to only publishers or advertisers.

  • 1.2 ASTA reserves the right to change these Terms of Use and any other contractually relevant documents with future effect. In this case, ASTA will notify all registered users of the changes in advance. The changes shall be deemed to have been accepted if the user does not object within four weeks of notification of the change or if the user continues to use the services without objection. ASTA has the right to terminate the user relationship if the user objects to a change.

  • 1.3 Other terms and conditions of the users are not valid, even if ASTA does not object to them in individual cases. Supplementary declarations by a user that deviate from those in the booking system and the dialogues or input options offered there have no validity, even if ASTA does not object to them in individual cases. Effective individual agreements remain unaffected in any event.

2. Contract conclusion; user account

  • 2.1 The services ASTA provides are aimed exclusively at companies.

  • 2.2 The user is obliged to provide true, accurate, up-to-date and complete information in accordance with the requirements of the registration form when registering. The user is also obliged to keep their data in their member account up-to-date and correct.

  • 2.3 After registering, each user is given a user account in the booking system. This contains the information the user provided during the registration process and 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 legal declarations (e.g. confirmation emails, changes to the terms and conditions or other communications) can be delivered by email. These are deemed to have been received if, under normal circumstances, they are available in the user's mailbox in the booking system or in the email inbox specified by the user on registration.

  • 2.5 The User Agreement between ASTA and the user concerning the use of the booking system only comes into effect when ASTA activates the user account. Activation (release) of the account in the booking system is the only measure that allows publication of the ads. No legal entitlement to participation exists on the part of the user and ASTA can refuse to activate the account without providing reason.

 

3. Legal relationships; ASTA services; auction process; targeting

  • 3.1 ASTA operates a real-time marketplace for online advertising where website publishers/newsletter mailers (publishers) can submit offers for the placement of advertisements and advertising customers (advertisers) can submit offers for booking advertisements in the ASTA booking system. The submission of advertisements by the advertiser either take place through direct placement or keyword advertising. Billing is based on the click-through compensation model, which means that the service is billed for on a per click basis (CPC). The price for one click is determined by the auction process described below. Any website registered by the publisher for participation in the booking system or any newsletter in analogous terms counts as an "offer". Every page section on a web page registered by a publisher and every page section available for mediating online advertising and in analogue terms email newsletter counts as a placement. The publisher and advertiser deposit specific information about their placements or booking requests in the system (on the part of the publisher, e.g.: advertising space information, minimum publisher CPCs, on the part of the advertiser, e.g.: websites targeted, subject channels (e.g. travel, finance & insurance), keywords, circulation period, budget, maximum advertiser CPCs). Within the scope of a real-time auction model, ASTA calculates automatically on an ongoing basis buying and selling prices for certain advertising space in the system based on the information about advertising space and bookings and other parameters (e.g. currently available supply and demand, technical costs, quality of advertising space, ASTA margin). ASTA is the contracting party for the publishers or advertiser acting in its own name and for its own account. No direct contractual relationships exists between advertiser and publishers. Legally, the contracts between ASTA and publishers and between ASTA and advertisers are contracts sui generis, the content of which is governed by these terms and conditions. Insofar as terms such as purchase and sales prices are used, it is for illustrative purposes only and does not refer to the legal provisions pertaining to the right to purchase.

  • 3.2 The advertising marketing is based on the auction process. In the auction process, in addition to other specifications for their campaign, the advertiser for the advertising servings on the offering brokered by ASTA determines, for instance, their maximum daily advertising budget (daily limit), the maximum price per click (max. CPC) relative to a placement (placement targeting) or keyword (keyword targeting).
     

  • ​3.2.1 Placement Targeting
    If only one advertiser has requested a placement for a particular placement (e.g. particular website) and its publisher does not block the campaign, the advertiser receives one ad slot on said placement (without taking any minimum publisher CPC into account). If several advertisers make placement requests for one placement, the advertising space is awarded based on an optimisation algorithm developed by ASTA. Ad rankings are determined on this basis. The ad ranking depends on the max. CPC defined by the advertiser (the maximum amount the advertiser is prepared to pay for a click on their ad) and what is referred to as the quality score for an ad group, as determined by ASTA, and is calculated as follows: ad ranking = max. CPC x quality score. The quality score is recalculated continually for each ad group based on various performance metrics, such as CTR, relevant placement/keyword statistics, account performance and other factors. In particular, the increase in click rate by way of coordinated, attractive, image-text combinations increases the quality factor significantly. A higher quality score therefore improves the ad ranking for an ad at the same max. CPC. Conversely, if two ad groups have the same quality score, a higher ad ranking can be achieved through a higher max. CPC

     
  • 3.2.2 Keyword Targeting
    ​Alternatively, the advertiser can use one or more descriptive keywords to place their ads context-sensitively or based on Internet users' queries. The advertiser defines a max. CPC for each keyword (the maximum amount the advertiser is willing to pay for a click on their ad). ASTA analyses the publishers' offers for their content and it is described by (several) relevant keywords. If the keywords match – analogue to the placement targeting in Sec. 3.2.1 – the auction process and the optimisation algorithm determine which ads are played at which position. A higher quality score improves the ad ranking for an ad while maintaining the same CPC. Conversely, if two ad groups have the same quality score, a higher ad ranking can be achieved through a higher max. CPC for the relevant keyword.

     

  • 3.2.3 ASTA reserves the right to modify the booking system by adding other targeting technologies (e.g. re-targeting) and using them with the consent of the users.
     

 

4. General obligations of the user
 

  • 4.1 Users must ensure that only they use their user account and, in particular, need to keep their password secret for this purpose. The owner of a user account is responsible for all activities that take place through their membership account.
     

  • 4.2 When participating, users need comply with the technical requirements and specifications for advertising content and placements defined by ASTA (hereinafter referred to as "technical specifications").
     

  • 4.3 Users are obliged to set up their systems and programmes in a manner that does not compromise the security, integrity or availability of the systems that ASTA uses to provide its services. ASTA is entitled to take all necessary measures (e.g. barring access) to ensure the system integrity of the systems from ASTA or third parties.
     

 

5. Availability of ASTA
 

  • 5.1 ASTA guarantees that the service is available 97% of the year. Availability is understood to be the ratio of actual time (AT) to target time (TT): AV (%) = (AT/TT) x 100. Actual Time (AT) refers the period during which the system is actually available at the data centre router output interface.
     

  • 5.2 Not included in the target time are the maintenance intervals and interruptions for offline backups required within reasonable limits in each case for maintaining the system and interruptions owing to force majeure or other causes that ASTA cannot averted, e.g. emergency measures in order to prevent the massive spread of a virus.
     

  • 5.3 ASTA does not provide warranty for the performance of third-party ad servers if the advertiser deposits their ad there and not on ASTA.
     

 

6. Billing and payment arrangements
 

  • 6.1 The invoicing of users by ASTA takes place on an electronic basis only and on a monthly basis. Unless otherwise stated, amounts are stated plus statutory sales tax unless no statutory sales tax applies.
     

  • 6.2 ASTA deposits the invoices or statement in the user account. The underlying accounting is takes place exclusively in the statistics section in the user account.
     

  • 6.3 If a return debit or erroneous transfer takes place in the course of the payment process for which the user is responsible, the user shall reimburse the resulting additional costs at the amount of 10 Euros unless they can prove that a lower amount is applicable.
     

 

7. Termination of the user relationship; termination of advertising relationships
 

  • 7.1 Each user is entitled to terminate the user relationship with ASTA at any time without giving a reason by providing notice in writing. ASTA can terminate the user relationship with a period of notice of two weeks without providing a reason.
     

  • 7.2 ASTA can terminate user relationship without notice if

     

    • The advertiser falls into arrears with payment for an advertising service used by them at ASTA or
       

    • Proceedings against the user for the purpose of filing an affidavit or insolvency proceedings over their assets is instituted, unless the user provides adequate security or
       

    • The user breaches their obligations under this User Agreement and despite receiving a reminder with a reasonable deadline does not provide for remedial action within the deadline. A reminder is not required if it fails to promise success or if the breach is so serious that ASTA is unable to adhere to the agreement. The seriousness of the breach can also result from the fact that the user has already been warned several times because of a similar breach.
       

  • 7.3 The right of both parties to termination for cause and any legal right to withdraw for the customer remains unaffected.
     

  • 7.4 Termination of the user relationship signifies the termination of all ongoing advertising contract relationships at the same time. In the case of ordinary termination, volume-advertising contract relationships only terminate at the end of the agreed term. If the volume has still not been fully delivered, the term is extended without prejudice to Sec. 7.3 until full delivery has been made. The obligation of a user to pay ASTA for already incurred liabilities remains unaffected by a contract being terminated.
     

 

8. Liability of ASTA
 

  • 8.1 Unless otherwise agreed in writing, ASTA provides no warranty the provision and placements of advertisements will achieve certain results or successes.
     

  • 8.2 ASTA provides no warranty that web pages (mobile and/or online) will remain unchanged during the term of advertising campaigns, or will remain the same in terms of content and quality or that they will be able to be accessed without interruption.
     

  • 8.3 ASTA assumes no warranty for defects if the user changes the work without the consent of ASTA or has it modified by third parties, unless the user can prove that the defects were not caused by making such changes and that the removal of defects by making these changes was not unreasonably difficult.
     

  • 8.4 No legal guarantees are granted.
     

  • 8.5 ASTA is liable for intent or gross negligence as well all damages attributable to ASTA without limitation in the absence of a guaranteed characteristic.
     

  • 8.6 ASTA bears liability in the event of slight negligence. ASTA bears full liability in the event of loss of life, limb or health.
     

  • 8.7 If ASTA is in default of performance owing to ordinary negligence, if performance has become impossible or if ASTA has violated a material obligation, the liability for damage to property and pecuniary loss resulting therefrom is limited to the contractually foreseeable damage. This also applies to lost profits and savings that fail to materialise. A material obligation is to be understand as one renders the correct performance of the contract altogether possible in the first place and on whose observance the client can regularly rely.
     

  • 8.8 Liability for other remote consequential damages is excluded. The same applies to slightly negligent acts by simple vicarious agents.
     

  • 8.9 In the event of loss of data, ASTA will only be liable for the costs incurred for restoring the data if the customer has duly secured the data. In the case of slight negligence by ASTA, liability is only established if the client has duly performed a data backup every day.
     

  • 8.10 Liability for all other damages is excluded, in particular for loss of data or hardware disruptions caused by the incompatibility of components on the client's PC system with the new hardware and software or the hardware and software to be changed and for system malfunctions that may arise caused owing to existing misconfiguration.
     

  • 8.11 Should third parties, including governmental institutions, make claims against ASTA under this Agreement for infringing third-party rights and other infringements owing to the contractual use of the advertising material, the user shall indemnify ASTA from such claims and indemnify ASTA in its defence, to which the ASTA is entitled, but not obliged, and provide ASTA with the necessary support and cover the necessary legal defence costs for ASTA. The condition for this is that ASTA immediately informs the user comprehensively in writing of asserted claims and infringements of rights, makes no concessions or acknowledgements or statements equivalent to them, and allows the user to conduct all judicial and extra-judicial negotiations concerning the claims at their own expense. The assertion of further claims remains reserved.
     

 

9. Responsibility for contents; indemnification by users
 

  • 9.1 The user is responsible for the lawfulness of the content, the advertising material they provide and the linked content. Lawfulness here is to be determined according to German law. However, if indications exist that the contents are also subject to the laws of one or more other legal systems (in particular, due to their language or if they are intended for other countries), their lawfulness will also be determined by these other legal systems. The contents are not allowed to violate laws, official regulations or good morals.
     

  • 9.2 In particular, the user will not deliver, offer, create access to or promote content that violates the provisions of the GCC (StGB) and the youth protection law or which

     

    • 9.2.1 Serves to incite the people, leads to crimes or glorifies or trivialises violence within the meaning of Sec. 130, 130a and 131 GCC (StGB).
       

    • 9.2.2 Represents children or adolescents in an unnaturally gendered posture; this also applies to virtual representations.
       

    • 9.2.3 Is pornographic and involves violence, the sexual abuse of children or adolescents, or the sexual activities of people with animals; this also applies to virtual representations.
       

    • 9.2.4 Is included in Section B and D of the list in accordance with Sec. 18 Youth Protection Act (JuSchG) or is wholly or substantially identical in content with a work included in the list (absolute prohibition within the meaning of Sec 4. (1) Interstate Treaty on the Protection of Minors (JMStV).
       

  • 9.3 The user will also not deliver, offer, create access to or promote content that

     

    • 9.3.1 Is in any other way pornographic,
       

    • 9.3.2 Is included in parts A and C of the list in accordance with Sec. 18 Youth Protection Act (JuSchG) or is wholly or substantially identical in content with a work included in this list, or
       

    • 9.3.3 Is obviously likely to seriously endanger the development of children or adolescents or their education into a responsible and socially competent person, taking into account the particular mode of action of the medium of dissemination (relative prohibition within the meaning of Sec 4. (2) Interstate Treaty on the Protection of Minors (JMStV), if they ensure that it is only made available to adults (closed user group). Currently, this condition is only considered to be have been fulfilled for content that is offered in a closed user group or which the closed user group links to. The provision of access to corresponding content in other areas requires a separate written agreement between the parties, to which purpose the Contracting Party will approach ASTA in an unsolicited manner.
       

    • 9.3.4 The user will only offer content that is capable of impairing the development of children or adolescents into a self-reliant and socially competent persons, and, in particular, that which is not released for children or adolescents in the respective age group or which is essentially identical in content to offering which, according to the Youth Protection Act (JuSchG), are not released for children or adolescents in the respective age group (relative prohibition within the meaning of Sec 5. (1, 2) Interstate Treaty on the Protection of Minors (JMStV)), if they make it impossible or significantly more difficult by way of technical means for children or adolescents in the affected age group to perceive the offering. ASTA is to be notified in writing in advance of intention to offer corresponding content which may only take place if ASTA does not object within 10 working days.
       

    • 9.3.5 The user is to mark their content and linked content within the meaning of Sec. 12 Interstate Treaty on the Protection of Minors (JMStV) and adhere to the requirements for advertising design in accordance with Sec 6. Interstate Treaty on the Protection of Minors (JMStV).
       

    • 9.3.6 The user must programme their content and linked content in accordance with Sec, 11 (1) Interstate Treaty on the Protection of Minors (JMStV) for a youth protection programme which is recognised as appropriate.
       

  • 9.4 Furthermore

     

    • 9.4.1 The national and international copyright and trademark, patent, name and labelling rights and other industrial property rights and personal rights of third parties and
       

    • 9.4.2 The legal systems and/or recognised rules of conduct of professional associations (in particular, the rules of conduct of the German advertising standards board advice) valid in Germany and the other destination countries are to be observed.
       

 

10. Applicable law; jurisdiction; severability clause; written form
 

  • 10.1 German law applies under exclusion of the United Nations Convention on Contracts for the International Sale of Goods.
     

  • 10.2 Insofar as legally permissible, place of performance and exclusive place of jurisdiction is Berlin, Germany.
     

  • 10.3 No verbal or written ancillary agreements exist. Amendments to the terms of contract require the written form. This also applies to the suspension or amendment of this written requirement clause.
     

  • 10.4 If individual provisions of this Agreement are or become entirely or partially ineffective, then the remainder of the Agreement remains valid. In this case of ineffectiveness, the contracting parties will agree on a legally effective substitute provision that comes as close as possible to the economically ineffective provision. The same applies in the case of a regulatory gap.
     

  • 10.5 Insofar as the written form is mentioned in the context of these terms and conditions, it means the text form in the sense of Sec 126 (b) GCC (BGB).
     

 

B. Special conditions for the website operator (publisher)
 

11. Legal Status

The publisher offers ASTA the placements on the booking system by logging on to the booking system. ASTA can accept this offer with a corresponding confirmation (activation of the account, see A. 2.5) or by serving advertising on the placement. In the relationship between the publisher and ASTA, binding prices may only be the publisher's minimum CPC as to be determined. By serving the respective advertisement, ASTA acquires the offer/placement made by the publisher at the prices and other conditions agreed over the marketplace and resulting from these terms and conditions.
 

12. No guarantee for advertising content by ASTA
 

ASTA assumes no responsibility for the functionality or advertising content of the advertising material provided by the advertiser, which is linked to the publisher's participating website. Neither does ASTA warrant that the advertising links displayed are thematically or otherwise related to the publisher's participating website.
 

13. Responsibility of the publisher; support for tracking/targeting
 

  • 13.1 The publisher is responsible for the content and availability of their website and is obliged to regularly check their web pages. He guarantees the availability of their participating websites according to Sec. 5 of these terms and conditions.
     

  • 13.2 The publisher has to ensure that the placements they offer comply with the technical requirements specified by ASTA and that ASTA is able to serve the registered placements. The publisher also has to ensure that the tracking figures required for fulfilling and billing the advertising agreement are recorded. This also applies to any targeting technologies used by ASTA or advertisers. ASTA will inform the publisher about these technical requirements.
     

14. Activation of the advertising by the publisher; advertising serving obligation; exceptions
 

  • 14.1 ASTA will only serve advertising from advertisers on a publisher's placement if the publisher has barred the advertiser. Insofar as not requests are made for the placement reported by the publisher, ASTA may assign the vacant placement to its own advertising free of charge, unless the publisher objects to this in writing.
     

  • 14.2 The publisher is obliged to publish the advertisement, including any eventual AdUp/ASTA logo on the placement they have registered for participation under the conditions specified by ASTA, unless otherwise provided for below.
     

  • 14.3 If the publisher agrees to a fixed volume agreement, they undertake to provide the corresponding ad impressions for the agreed advertising space/formats. If the volume cannot be delivered in full during the agreed period, it will be extended until delivery is complete.
     

  • 14.4 The publisher is only allowed to use the HTML code supplied by ASTA under the URL they have specified and in the environment they have designated and described. The publisher will receive no compensation for misusing the HTML code on unintended websites or in any other advertising environment other than the one defined. Claims for damages by ASTA against the publisher remain unaffected.
     

  • 14.5 The publisher is not allowed to edit or modify the HTML code supplied by ASTA without the separate written consent of ASTA, or to remove or modify the tracking tags in any way embedded into the code.
     

 

15. Guarantee of the power of disposal; testing and optimisation
 

  • 15.1 The publisher warrants that they are authorised to market the advertising space they have booked in the booking system and that they are permitted to freely dispose of the advertising space.
     

  • 15.2 For the sole purpose of testing and optimising performance and earnings, ASTA may use the appropriate number of ad impressions required for this on the registered advertising space exclusively for these purposes.
     

 

16. Fee for the publisher
 

  • 16.1 The publisher receives the advertising fee agreed according to Sec. 3 and Sec. 11. ASTA is not obliged to disclose its own profit margin to the user. However, the advertising fee can at least amount to the valid minimum publisher CPC defined by the publisher. If advertisers outbid each other for a placement from the publisher, higher fees can result for the publisher depending on the publisher's minimum CPCs included in the system (Sec. 3), which will be displayed to the publisher in the reporting for their advertising space.
     

  • 16.2 The publisher's claim against ASTA for an advertisement is not established until ASTA has sold the advertisement to an advertiser and the advertiser has paid ASTA in full.
     

  • 16.3 The advertising fee credit for the publisher at the end of a calendar month is paid into the publisher's bank account stored in the user account 30 days after the end of each month. The underlying credit/invoice will be deposited in the user account for viewing by the publisher 10 days after the end of each month. If the advertising fee credit fails to reach the amount of 100 Euros, ASTA is entitled to not pay immediately, but to carry the payment forward to the next settlement date. If an advertising fee credit to be paid out is less than 20 Euros, ASTA can deduct a processing fee of 5 Euros, unless the publisher proves lower costs.
     

  • 16.4 ASTA only transfers the sums owed to publishers into the bank account stored in the user account.
     

 

17. Inadmissible practices; prohibited advertising environment
 

  • 17.1 The publisher is prohibited either personally or through

     

    • Third parties from directly or indirectly generating requests for any advertisement, link or

    • Page views submitted by ASTA, in particular through repeated manual clicks or the use of automated program flows (e.g. robots, forced clicks etc.), or

    • To filter and/or modify the information provided

    • By ASTA, or to minimise the information provided by ASTA or otherwise to restrict or hinder the complete reproduction of the advertisements.
       

  • 17.2 The publisher is not allowed to register ad space with ASTA if the participating web page immediately contains or redirects to such content through hyperlinks.

     

    Furthermore, the following spheres of information and contexts are not allowed:

     

    • Contents that glorify violence, glorify war, are erotic, pornographic, seditious or misanthropic, or

    • Make reference to unconstitutional organisations

    • Or otherwise illegal content

    • Paid mailers, i.e. promotional advertising mailers that pay their recipients

    • Banner farms, i.e. pages that consist almost entirely of collections of banners;

    • IP traffic, i.e. automatically generated page views;

    • Diallers, ad or spyware

    • Software file sharing websites
       

  • 17.3 Websites on which advertising space is made available must comply with the relevant statutory provisions, and, in particular, comply with the Legal Notice (information required by the Telemedia Act (TMG)) The same applies to the way and form in which placing the advertising material takes place.
     

  • 17.4 Furthermore, websites on which advertising material is placed and the manner and form in which it is placed is not allowed to impair the reputation or appreciation of the brand or the business operations of the advertising customer.
     

  • 17.5 The publisher has to ensure that the advertiser's URL is visible in the address bar after the advertising material is clicked on. Framing the destination websites inside the affiliate's website is prohibited.
     

  • 17.6 If the publisher culpably violates the ban on inadmissible practices (Sec. 17.1 to 17.5), the corresponding advertising fee claim by the publisher pursuant to Sec. 16 will be cancelled without replacement, unless the publisher is able to prove lower damages. In the event of a reasonable suspicion of culpable violations of the ban on inadmissible practices (Sec. 17.1 to 17.5) by the publisher, ASTA has the right to withhold the corresponding advertising fee until the facts are clarified, unless the publisher provides a security payment in the same amount. In addition, the publisher commits to removing the advertising material within of 24 hours at a maximum, namely removing the HTML codes from their website, if ASTA asks them to do so owing to their culpable behaviour.
     

  • 17.7 In the event that the inadmissible practices are circumvented, Clause 17.6 shall apply mutatis mutandis.

     

C. Special conditions for advertising customers (advertisers)

 

18. Legal status; no assurances

By entering the advertising into the booking system and depositing the information provided, e.g. the highest bids (max. CPC) and limits and specification of the advertising space or advertising space categories and keywords (see Sec. 3) in the system, the advertiser and ASTA agree to ASTA publishing the advertiser's advertising content on certain advertising space that publishers offer to ASTA in the booking system for marketing insofar as the respective publisher has not blocked these advertising spaces for the advertiser's advertising content. In return, ASTA will receive the compensation agreed between ASTA and the advertiser, the amount of which will be calculated taking into account the parameters from the auction process specified by the advertiser over the booking system. The advertising obligation of ASTA ends when the agreed campaign period comes to an end, possibly before the specified budget has been used. Apart from expressly met stipulations, ASTA provides the advertiser with no qualitative or quantitative assurances or information about the advertising space offered, its advertising value or the amount a publisher is paid for a certain advertising space. By making their entries, the advertiser decides under their own responsibility which advertising space they book their advertising on. Whether an advertiser's advertisement appears on a publisher's ad space depends on their ad ranking on this advertising position or on this keyword. The ad ranking for the advertisement depends on your CPC bid (max. CPC that you are willing to pay for a click on your ad) and the quality score calculated for your advertisement (see Sec. 3). The advertiser's advertisement will either be published as image-text ads or text ads, depending on the publisher's preferences for that advertising block. The publisher may at their sole discretion either display (normally), hide or replace with a call-for-action the text line "URL displayed" entered by the advertiser. A selection of serious and commercially available calls for action is stored directly in the system. Regardless, ASTA reserves the right to curtail the advertiser's URL text line when the publisher's ad block size requires it.

 

19. Responsibility of the advertiser; guarantee of rights
 

  • 19.1 The advertiser is wholly responsible for the technical aspects of their advertising and its content that they use at ASTA or on the advertising space brokered by ASTA.
     

  • 19.2 By uploading, linking or entering the advertisement on the booking system, the advertiser warrants that the contents of advertisement do not violate any applicable law within the area in which the booking system circulates, and, in particular, Germany and the European communities, and that it complies with all applicable laws and that in order to comply with this Agreement, they can freely dispose of the rights to the advertising, and, in particular, ancillary copyright, trademark, copyright and/or personal rights, and no conflicting rights of third parties exist.
     

 

20. Illegal advertising content

The advertiser is not allowed upload, link or enter any advertising on the ASTA website that contains or hyperlinks to illegal content.

 

  • Does not clearly show the character of the advertising or contains content that

  • Glorifies violence, war, is pornographic, seditious or misanthropic, or

  • Makes reference to unconstitutional organisations or

  • Advertising under a false brand or contains factual statements or

  • Links to sites that contain a trademark infringement

  • Or otherwise unlawful content
     

 

21. Transfer of rights

By uploading, linking or entering the advertisement on the ASTA booking system, the advertiser grants to the publisher the non-exclusive and spatially unlimited right to use the advertising content for the period of the agreed advertising placement.
 

 

22. Payment obligation; payment options; due date
 

  • 22.1 The advertiser has to pay ASTA the advertising fee for the advertising service they use. This results either from the real-time auction model (see Sec. 3) or directly from a volume agreement entered into with ASTA, if applicable. Within the scope of the real-time auction model, ASTA calculates automatically on an ongoing basis buying and selling prices for certain advertising space in the system based on the information about advertising space and bookings and other parameters (e.g. currently available supply and demand, technical costs, quality of advertising space, ASTA margin). The advertiser's maximum bid (max. CPC) for the assigned placement or keyword will be calculated in any case, and in no case will any further calculation be made when the advertiser's defined limit is reached.
     

  • 22.2 The payment options for the advertiser are divided up into prepayment and subsequent payment options.
     

  • 22.3 Advertisers always have the possibility of paying in advance to activate their user account for releasing their advertisements, i.e. by paying in advance advertisers pay for their advertising costs in advance. Advertisers can add funds to their user account at any time by making a bank transfer to the bank account specified by ASTA in the user account. The costs incurred for clicks will be deducted from the prepayment balance. ASTA will notify the advertiser as soon as their credit is too low. Advertisement placement will be discontinued if the advertiser's user account no longer has any credit. Advertisement placement will resume as soon as a new payment has been processed for the advertiser's user account and the user account shows a new prepaid credit balance. The advertiser will be charged the advertising fee on a monthly basis. The invoice will be deposited in electronic form in the advertiser's user account 4 days after the end of the month for viewing by the advertiser and is therefore deemed to have been received by the advertiser.
     

  • 22.4 Depending on the rating ASTA gives an advertiser, advertisers may also be given the option to make subsequent payments. ASTA reserves the right to verify the creditworthiness of the advertiser in order to ensure proper payment. The advertiser will be charged the advertising fee on a monthly basis 4 days after the end of each month. The invoice will then be due immediately and without deduction. The invoice amount is to be transferred within 7 days to the specified account stating the invoice number detailed on the invoice. The underlying invoice will be deposited in each case in electronic form in the advertiser's user account 4 days after the end of the month for viewing by the advertiser and is therefore deemed to have been received by the advertiser. If the advertising fee does not exceed the amount of 50 Euros, ASTA is entitled not to bill for it immediately, but instead carry it forward to the next billing date. If the advertising fee is less than €10 in the calendar month, ASTA may charge a processing fee of €5, unless the advertiser proves that the costs are lower. Irrespective of this, ASTA reserves the right to stop deliveries and services until all claims have been settled. In the event of late payment, ASTA will charge interest at the current rate of 10% p.a. for the period of default. If subsequent payment is chosen as an option, the first ad serving will take place following agreement between ASTA and the advertiser.
     

  • 22.5 In the interest of user-friendliness, ASTA reserves the right to supplement existing payment options in the booking system with other payment options on a successive basis.
     

 

23. Agency bookings; right to postpone
 

  • 23.1 Insofar as agreed, an agency commission at the agreed amount will be granted for agency bookings for proven agency activities and factoring to the agency.
     

  • 23.2 If serving periods have been agreed, ASTA has a right to postpone if the media service has not been rendered on the booked advertising space for the respective publisher during the agreed time period. The duration of the right to postpone corresponds to the serving period booked, i.e. for a serving period of 14 days, for instance, ASTA can still provide the service during the 14 days following the serving period.

Address

Axel Springer Teaser Ad GmbH
Axel-Springer-Straße 65
10888 Berlin


Managing Director: Carsten Schwecke, Karl-Christian Lauk, Christian Schmidt
Register Court: Amtsgericht Charlottenburg
Register Number: Charlottenburg HRB 175975 B
Date: 03/2019