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Terms and conditions for advertising

First Agentur genannt, gebucht werden, insbesondere auf Webseiten, in Newsletter und in Mailings. The terms and conditions apply to all advertising formats and ads that are on the dotcom News & Media Agency, booked following dotcom agency called, especially on websites, in newsletters and in mailings. The advertisements or promotional tools on the website represents the dotcom advertising agency as a web marketer or broker, for the purpose of distribution connected on the Internet. For handling the advertising contract subject to these Terms. These terms and conditions apply to all current and future business. Differing, conflicting or additional terms, even if known part of the contract, unless their validity is expressly agreed in writing.

Second A display may consist in particular:

* An image and / or text in HTML or Flash programming.

* A sensitive area, which produces, when clicked, link to other data on remote computers (AdLink)

* One or more of the aforementioned elements

Third The client is responsible for delivery impeccable, appropriate electronic documents no later than 3 days before the start, when a Flash movie are valid for 5 days. The client undertakes to hand over the advertising material is free of viruses. In this case, the file size 20 KB, respectively, and must meet the specified Banner-/Formatgröße/Programmierart. Any discrepancies, particularly with regard to the delivery date or file size, are coordinated with the contractor in writing immediately. Obviously unsuitable or damaged copies of the contractor shall immediately request a replacement. This applies mutatis mutandis for the links provided by the client on-line addresses in ad. The preservation of the appointment of the first advertising insertion depends on the closing dates from the client and by the agreed form of the given advertisement. If the delivery time or the required formats are not met, it may cause a delay in respect of the date of initial advertising insertion. The client accepts these reasons that may give rise to a delay. Then based claims for delay shall be excluded. Could this be the reserved quota has not left, is the contractor entitled to the full promotional circuit to settle.

4th The client transfers charge to the Contractor required for the execution of this contract to the simple rights of the client provided documents and files. These rights especially the right to publish and distribute a promotional ad on the Internet and the right to edit the documents sent by the client, and files. The transmission has a limited time on the contract term.

5th Is wholly or partially illegible, incorrect or incomplete representation of the display when the statutory provisions apply to contracts for work. With slightly negligent breaches of duty, our liability is limited to the type of performance, predictable and typical, direct average damage. This also applies to slightly negligent breaches of duty by our legal representatives or agents.

With regard to companies, we are not liable for negligent breaches of insignificant contractual duties.

The above limitations do not apply to product liability claims by the customer. Next, the liability limitations in our bodily harm and health damage or loss of life of the customer.

Damage claims by the customer due to a defect expire one year after delivery of the service. This does not apply if we be accused of malice. In the remaining cases, the liability towards merchants for gross negligence is the extent to the foreseeable damage up to the height of that advertising fee. Complaints - except for obvious defects - must be made within 2 weeks after the due date of the advertisement fee in writing.

6th The contractor shall be released from his contractual obligations if he is prevented from meeting by:

* Labor dispute (strike or lockout)

* Regulatory or judicial actions

* Or by any other force majeure events.

The Contractor shall take all reasonable in these cases, a proper contract performance but still allow. The contractor will promptly inform the client about the occurrence of the impediment. The ad can be in these cases, all or partially released, the client shall be entitled to recover a proportional share of remuneration paid. In addition, there is no entitlement to compensation. Apply to the liability provisions shown in Note 5. This does not apply to intentional or grossly negligent induced damage.

7th An error in the display representation within the meaning of para. 6 is not present when the alleged representation

. Browser) * By the use of presentation software - and / or hardware (eg browser).

* By disturbances in the communication networks of other operators

* Computer failure at ISPs and online services

* Incomplete and / or non-updated content on the so-called proxy servers (cache) of commercial or non-commercial providers and online services are produced.

8th The Contractor shall be responsible for display in the external relationship of the general statutory provisions. Internally, the client is solely responsible for the content of the advertisement from the offer and meet the general statutory provisions branching links and the state of the art (and correct implementation of the relevant technical requirements, in particular checking for viruses in software). This is especially true for technical content and links to the standard designated by the on-line addresses in ad.

In so-called redirects the liability is transferred to the client as the contractor is unable to perform test and replace the client is advertising as the link at any time and can thus no possibility for checking the contractor's possible.

The client provides the contractor of any costs or other claims, which in his case because of the breach of competition law, criminal, copyright, trademark and trademark law and other legislation in external relations, in particular the basis of the content of the display, the offer and the content of linked pages be exercised freely. The costs of any necessary legal advice and representation in court, the client shall bear.

Damage claims by the customer (internally) against the contractor - in particular for consequential damages - are excluded. This does not apply to intentional or grossly negligent induced damage. Apply to the liability provisions shown in Note 5.

9th The Contractor shall be entitled to make the ads more marked (eg with the word "Advertisement").

10th The contractor reserves the right to refuse advertising orders because of their content, origin or technical form uniform, objectively justified principles, if the content violates any laws or government regulations and their publication is unacceptable for the contractor. The rejection of an order is displayed to the client immediately.

11th ) innerhalb von 14 Tagen nach Schaltungsende als Leistungsnachweis, bei längerer Insertion bis spätestens 10 Tage nach Monatsende. The customer can request after the Insertionszeitraumes the number of accesses to the display (ad clicks and / or page views) within 14 days after the end of circuit performance as evidence by prolonged insertion within 10 days after month end. The campaign reports created by us are, unless otherwise agreed in writing, accounting basis.

12th The compensation is payable monthly in advance, no later than the third business day of the month after invoicing by the contractor.

13th The client agrees that the Contractor may be used with the order and the execution of the contract became known data of the client to the contract for advertising purposes. In that regard, the client should be granted permission to exploit the data in accordance with relevant regulations, in particular the Federal Data Protection Act. Where the data were collected by the Customer from third parties and submitted for use by the contractor assures the client that this is done with the consent of the authorized third party to the well between the client and the contractor agreed purposes.

14th German law applies. If the contractor is a merchant, legal person under public law or public law special fund, the exclusive jurisdiction for any disputes arising from this contract Neuss. The same applies if the contractor has no general jurisdiction in Germany or domicile and habitual residence at the time the action is not known. If any provision of the contract including these GTC should be wholly or partly inoperative or so, the validity of the remaining provisions shall not affect the parties will replace in this case, the invalid provision by a valid provision, which the commercial purpose of the invalid provision as closely as possible. Changes or additions to this contract must be in writing. A waiver of the parties to the written form is formal requirements.

15th Cancellation of orders by customers or advertising agencies:

* Bookings of 2 weeks in advance.

* Will not meet this deadline may be charged 30% cancellation fee.

* Bookings that are already underway, can not be canceled.

16th Privacy / Cookies

) sowie des Bundesdatenschutzgesetzes (BDSG) einhalten wird. * Should the client by using special techniques, such as the use of cookies or web beacons, data from the placement of advertising on the gain of the dotcom agency marketed online services or collect, assures the customer that he in the collection, processing and use of personal data will comply with the provisions of the Teleservices Data Protection Act (TDDSG) and the Media Services State Treaty (MDStV) and the Federal Privacy Act (the Act).

Incurred * If the client anonymous or pseudonymous (and thus also personrelatable) data from access to the goods made ​​online offerings of the dotcom agency advertisements delivered by the contracting authority may such data as part of their campaign for the specific advertiser who commissioned the Client with has instructed the circuit in each campaign, evaluate. This evaluation must include only the anonymous and pseudonymous data generated by advertising on the site are from the dotcom marketed online offers have been generated.

* In addition, the client is a further processing, use and disclosure of all information (anonymous or personal edition) prohibited from accessing the goods made ​​by the dotcom agency marketed online services delivered advertising. In particular, the client may not save the data from advertising on the dotcom agency marketed online services for their own purposes, evaluate, otherwise use and / or disclose to third parties. This prohibition also covers the creation of profiles from the user behavior on the dotcom agency marketed online services and their further use.

* Sets the client for the placement of advertising on one of the dotcom agency offers online systems marketed by a third party, he will ensure that the system operator also complies with this agreement.

* For any breach of the obligation under paragraph 2 to paragraph 4 of the principal shall pay to the dotcom agency a penalty of 15 times the price of the order, from which the unauthorized use of data. Any further claims for damages remain unaffected.

July 2009

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