General Business Terms and Conditions for Publishers

1. Rights and duties as a publisher
2. Running campaigns
3. Service
4. Payout
5. Terms of Payments
6. Term of a Contract
7. Notice of Termination

8. Cooperation with Partners after Termination of Cooperation with MCANISM
9. Employment Ban
10. Liability
11. Non-disclosure
12. UN sales law

1. Rights and Duties as a Publisher
1.1 MCANISM offers the publisher campaigns of advertisers for which the publisher can provide its advertising space to support the distribution of the advertiser’s goods and services. However, the publisher has no claim to certain advertisers or a certain number of advertisers being made available to him.

1.2 By applying for a campaign, the publisher accepts any additional, campaign specific terms and conditions of MCANISM or the advertiser stated on the platform.

1.3 MCANISM can enable publishers – e.g. in the context of comparison spreadsheets or product data – to gain access to several advertisers who offer services in the corresponding category by participating in a campaign in which MCANSIM acts as an aggregator.

2. Running Campaigns
2.1 The advertiser and publisher must approve the application and offer to participate in a campaign. Through this an individual contract an individual contract is formed, and any additional conditions of participation become an integral part of this contract. There are no contractual relationships between the advertiser and the publisher.

2.2 The individual contract contains specific information on the type and remuneration of the service to be provided to support the respective advertiser in the online sale of his goods and services, e.g. the purchase of goods or the use of services by a third party (sale) or the ordering of a newsletter (lead). A combination of call, click, lead, sale and view is possible.

2.2 The individual contract contains specific information on the type and remuneration of the service to be provided to support the respective advertiser in the online sale of his goods and services, e.g. the purchase of goods or the use of services by a third party (sale) or the ordering of a newsletter (lead). A combination of call, click, lead, sale and view is possible.

2.3 Advertisers as well as publishers and MCANISM are entitled to reject an application without giving reasons.

2.4 The advertiser agrees to check the publishers that wish to participate in a campaign within an examination period of four (4) weeks from the submission of the offer and to either reject or accept it. The decision to accept a publisher for the advertiser’s campaign is made exclusively by the advertiser within the examination period. After expiry of the examination period, MCANISM is entitled to reject or accept the application for the advertiser without giving reasons. In the absence of activation by MCANISM, an application is considered rejected without further ado.

3. Service
3.1 MCANISM is entitled but not obliged to continuously develop the platform at its own discretion and to adapt it to technical innovations.

3.2 The publisher acts in the advertiser’s interest with regard to the type, range and form of advertising for the advertiser’s campaign and not in fulfilment of an obligation incumbent on MCANISM towards the advertiser. Publishers do not act as subcontractors for MCANISM.

3.3 MCANISM is entitled to transfer its own services or parts thereof to third party service providers or contractors for independent fulfilment.

4. Payout
4.1 Signing up is free of charge for all publishers. MCANISM will payout Publisher up to 4 times per month. The minimum payout threshold is € (EURO) 25,00.

5. Terms of Payments
5.1 Credit balances on publisher account with MCANISM do not bear interest.

6. Term of a Contract
6.1 The contract is entered for an indefinite period.

7. Notice of Termination
7.1 The parties are authorized to terminate all contracts – this contract as well as all individual contracts – by giving three (3) months’ notice to the end of the quarter.

7.2 The right of extraordinary termination for an important reason remains reserved to the parties. An important reason exists in particular if essential contractual obligations according to these General Terms and Conditions, are violated.

7.3 Notice of termination under these provisions must be given in writing. Notification of deactivation of access is always possible without any special formal requirements.

7.4 In the event of termination of the contract, access to the network will be deactivated. MCANISM is also entitled to deactivate the participant’s account and to inform the participants about this.

8. Cooperation with Partners after Termination of Cooperation with MCANISM
8.1 Both parties acknowledge that this contract and the resulting cooperation with the participants involved was only possible due to MCANISM and that the participant will therefore in no way cooperate with the participants recruited via the network in the area of online advertising for a period of 12 months from the end of the cooperation between the participant and MCANISM.

9. Employment Ban
9.1 During the entire term of the present contract, the client will refrain from asking MCANISM employees, directly or indirectly, to terminate their employment for or contractual relationship with MCANISM, to take up employment for other companies or persons and/or to disclose information or work equipment. The same applies for a period of 6 months after the end of this contract.

10. Liability
10.1 In the event of a breach of an essential contractual obligation caused by negligence, the liability is limited to the typically foreseeable damage.

10.2 Moreover, MCANISM´s liability is limited to a maximum amount of € 5,000 per claim.

10.3 The aforementioned limitations of liability do not apply if MCANISM´s liability is based on an intentional or grossly negligent breach of duty by MCANISM or on injury to life, body or health.

10.4 The participant releases MCANISM and its partners from all claims for damages, liability claims, cease-and-desist letters, declarations of discontinuance of third parties and other claims as well as any related costs and expenses which have been caused by a negligent behaviour (also omission) of the participant. This applies in particular to a violation of copyright, trademark, competition and data protection rights or the rights of third parties.

11. Non-disclosure
11.1 The parties agree to keep secret for an unlimited period after the end of the contract all operational and other business information and findings of the other party made available to them in connection with this contract, which are designated as confidential or are recognizable under other circumstances as business or trade secrets of one party, and not to record or pass them on or otherwise use them – unless required to achieve the purpose of the contract.

12. UN sales law
12.1 German law shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods.

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