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General Terms and Conditions
General Terms and Conditions between Website provider and deskfive

1. Business

deskfive places advertising campaigns like banner ads, pop-ups and registration forms on websites.

Contracts on marketing ad spaces on websites are concluded between deskfive and the website provider (client, publisher).

Also, contracts are concluded between deskfive and so-called Publisher-Networks which themselves market advertising spaces for a multitude of website providers (the client, network).

The client will receive a share of the revenues which deskfive generates by booking online-ad-campaigns on the client's ad spaces.

2. Placing of advertising material and excluded contents

Advertising material must only be used on the websites for whose marketing they were intended and thus passed on to the client. The advertising material only is released when nominated by deskfive in written form or by e-mail.

The banner tags must not be used on websites with pornographic, erotic or violence glorifying contents.

Also banner tags must not be used on such websites containing illegal content (i. e. if by providing the website's content the the rights of a third person are violated).

The marketer provides the publisher with the corresponding banner tags (short data code) which the publisher will embed in the destined ad spaces in the page layout.

The marketer maintains the advertising material (graphics, flash animations etc.) on so-called ad-servers and from there they are provided.

3. Providing the advertising spaces

The marketer provides the publisher with the corresponding banner tags (short data code) which the publisher will embed in the destined ad spaces in the page layout.

The marketer maintains the advertising material (graphics, flash animations etc.) on so-called ad-servers and from there they are provided.

4. Geographic targeting of impressions

If the marketer is to provide advertising only for visitors from certain countries, the publisher is responsible for assuring that the marketer's banner tags are only embedded in case a visitor from one of these certain countries accesses the website.

So if the visitor comes from one of the countries for which the marketer has acquired the right to use the advertising spaces then displayed, the banner tag will be delivered to the user's browser.

5. Illegal use

Clicks on the client's advertising spaces must not be caused intentionally ("Forced Clicks").

For instance, a website content must be available independent from clicks on a banner ad.

If such Forced Clicks are discovered deskfive has the right to withhold the payment until final clarification.

6. Marketing the advertising spaces

deskfive markets the advertising spaces for its own account to third companies (buyer) booking these ad spaces for advertising campaigns.

deskfive alone decides on the conditions and prices as part of the contract with the buyer on booking the advertising on the advertising spaces which are part of the contract.

The actual performance effected by the client - that is to say the appearance of the advertising material on the visitor's browser - is called the media performance.

7. Payment of the media performance

deskfive generates revenues by marketing advertising spaces that are part of the contract.

For providing the ad spaces, the marketer pays the publisher 50% of the revenues generated by marketing the ad spaces unless other arrangements have been made in particular cases. Such arrangements must only occur in writing and only if offered on the part of deskfive.

These revenues concern the actual payments made to the marketer, that is to say agreed remunerations after deduction of VAT, agency commissions, cash discounts, credits and further discounts which can be granted the buyer within the bounds of reasonable marketing activities.

8. Payment

The revenue is paid out monthly and under reserve of the media performance provided by the client.

In general payouts to the publisher are effected 28 days after the calender month has expired.

The marketer effects prior payments to the publisher if the revenues generated by marketing the ad spaces have not been paid out to the marketer beforehand.

If the advertising buyer does not effect his payment duties, the payments which have already been effected can be set off against one of the the next payments.

Payment will be credited per bank transfer to a bank account as stated by the client.

9. Duration of this agreement

Both parties can end the cooperation under this agreement within a fortnight after receiving a written note of termination.

Alternatively, the note of termination by deskfive can also be sent to the client's e-mail contact as indicated when contacts were first established.

The client may send his or her note of termination via e-mail to

10. Liability

The marketer only pays damages or compensation of wasted expenses – independent of what legal foundation ( i. e. contract, material defect, defect of title, breach of duty and illegal action) to the following extent:

The contractual or non-contractual liability is limited to intent and gross negligence, as far as it does not concern violation of a contractual obligation or life, body or health. The same is valid for vicarious liability of for the marketer.

11. Miscellaneous

Both parties agree to treat all circumstances with discretion in which the other party has a noticeable interest in concealment.

The rights and duties under this agreement are not assignable to a third person as far as it does not concern the marketing of ad spaces itself.

12. Final Provisions

If a clause or a part of this agreement is ineffective, the contract itself persists.

The parties already agree now that in this case an ineffective clause will be replaced by an effective clause which resembles the aspired purpose the most as far as the aspired purpose does not violate valid law.

No modification of this Agreement shall be binding unless in writing and signed by both parties.

This Agreement shall only be governed by the laws of Germany. Referrals to foreign law do not apply.

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69190 Walldorf

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