1. DEFINITIONS
(1) "Ad request" means the request for an ad from the ad server, directly triggered by a user action. The request can come directly from the user's browser or from an intermediary Internet source, such as a web content server.
2. "AEB" are these General Terms and Conditions of Purchase of Publicis Media GmbH for online advertising space.
(3) "Providers" are online media and/or their marketers who offer online advertising space to Publicis Media for booking.
4) "Bookings" are individual orders placed by Publicis Media with the Provider for the purchase of online advertising space, regardless of whether the purchase is made in the "classic" manner or within the framework of so-called Programmatic Buying (incl. real-time bidding) and whether the remuneration is paid in money or in kind (in particular, but not exclusively, in advertising space).
5) "Impressions" are the number of deliveries of the respective advertising medium measured by the ad server.
KPI" stands for key performance indicators, e.g., for assessing the efficiency and quality of communication measures. KPIs are usually defined ex ante depending on the communication objectives.
MN2" stands for Media-Netto-2, i.e. the gross price of an online advertising space less the discounts granted for this booking, less Advertising Expedition (AE) but before deduction of discounts.
(8) "Client" means an advertiser who has commissioned Publicis Media to book online advertising space.
(9) "Online advertising spaces" are advertising formats to be delivered via the Internet in which advertising messages can be displayed, e.g. in the form of banners, videos or audio spots.
(10) "Third-Party Re-Direct" means an Ad Tag of a Third-Party Ad Server which is delivered by the Ad Server instead of the actual Advertising Medium. The ad medium is delivered via the Third-Party-Ad Server.
(11) "Publicis Media" means Publicis Media GmbH with its registered office in Düsseldorf, as well as the companies affiliated with Publicis Media GmbH within the meaning of Sections 15 et seq. AktG, Digitas GmbH with registered office in Düsseldorf, Spark Foundry Germany GmbH with registered office in Düsseldorf, Media Solutions GmbH with registered office in Düsseldorf, Performics Germany GmbH with registered office in Berlin, Starcom Germany GmbH with registered office in Frankfurt am Main and Zenithmedia GmbH with registered office in Düsseldorf, depending on which of the above companies places the respective booking with the Provider.
2. SCOPE
These GTCP apply to all individual orders placed by Publicis Media for the purchase of online advertising space from their providers. They shall also apply if Publicis Media does not act in its own name and for its own account, but on behalf of, on behalf of or for the account of third parties, in particular a customer.
2 These GTCP alone shall apply to bookings commissioned by Publicis Media. The provider's general terms and conditions shall not apply, even if Publicis Media does not expressly object to their validity.
3. ADVERTISING DELIVERY
1. the delivery of the advertising media must take place within the period specified by Publicis Media in the booking.
2. over-deliveries of more than 10% must be agreed to in advance by Publicis Media. Should Publicis Media incur costs as a result of over-deliveries to which Publicis Media has not consented (in particular, but not exclusively, technical costs, data surcharges, etc.), these shall be charged to the provider. The billing basis for this is the price agreed upon between Publicis Media or the respective Publicis Media company and the customer. Publicis Media will provide appropriate reporting in this regard if required.
3. in case of under-deliveries, the total price shall be reduced proportionally according to the deviation from the respective booking volume.
If the provider does not use its own tracking, only the figures from the tracking carried out by Publicis Media are relevant for billing.
5. if third-party re-directs provided by Publicis Media are not properly integrated, the booked service will be repeated free of charge and plus 50% of the order value (basis: MN2) as compensation in the form of online advertising space within a period to be agreed.
6. proof of the proper integration of each advertising medium (e.g. screenshots) shall be provided by the Provider within one working day after the start of the respective campaign.
7. impressions must be delivered per format as specified in the respective booking. An over-delivery of impressions of one advertising medium cannot be offset by an under-delivery of impressions of another advertising medium; unless otherwise agreed with Publicis Media, this also applies if the performance is similar or the same (e.g. in the case of two different formats on one website).
Publicis Media reserves the right to integrate delivery and brand safety technologies into the advertising media in order to verify proper delivery.
4. TRAFFIC
1. the provider guarantees that the bookings of online advertising space placed with him will only be delivered on the websites or advertising media specified in the respective booking.
The technically flawless and timely installation of the banner tag / advertising medium delivered to the provider in the booked website is part of the provider's main performance obligations. Technical or other problems must be reported to Publicis Media without delay.
The Provider shall use as the basis for billing the data which it has reported to Publicis Media no later than one week after the end of the respective booking period and the accuracy of which has been confirmed by Publicis Media, or - in the case of the applicability of Section 3.4 - which appears in the reporting prepared by Publicis Media. Should subsequent performance be requested on the part of the provider (e.g. if the booked number of impressions could not be achieved in the booked period), this shall require the consent of Publicis Media. If the aforementioned requirements cannot be met on the part of the provider, the provider must inform Publicis Media of this immediately. In this case, Publicis Media has the right to refrain from making a booking with regard to the subsequent performance, or to cancel a booking made free of charge.
(4) Unless otherwise agreed in writing, only those ad requests for the delivery of advertising media that originate from the country to which the respective booking relates shall be relevant for booking and billing purposes. In this respect, ad media deliveries to foreign users of websites and traffic from foreign websites will not be accepted unless explicitly booked by Publicis Media. Publicis Media reserves the right, even without prior notice, to use technical tracking to identify the origin of traffic and, in this respect, not to remunerate traffic that is not accepted. In addition, the provider shall indemnify Publicis Media and/or the customer upon first request against all claims by third parties that are asserted on the basis of an advertising delivery in a country to which the respective booking does not relate (e.g. due to resulting copyright infringements in the case of locally limited rights of use).
5. In addition, delivery on the following pages, unless explicitly booked, is expressly prohibited: Content glorifying violence, Sexual Content, Party Political Content, Racist Content and Content denigrating individuals, groups or organizations, Excessively Vulgar Content, Hacking and Cracking Related Content, Content related to gambling or casinos, Content related to illegal drugs and drug accessories, Content related to the sale of beer or spirits, Content related to the sale of tobacco and tobacco products, Content related to the sale of prescription drugs, Content related to the sale of weapons or ammunition, e.g..e.g., firearms, firearm accessories, combat knives, stun guns, content for the sale of replicas or imitations of branded or other products, content for the sale or distribution of term papers and other student work, content relating to programs that reward users for clicking on advertisements or offers, performing searches, visiting websites, or reading emails, any other content that is illegal, promotes illegal activities, or infringes the rights of third parties. By accepting the booking, the provider undertakes not to occupy these sites, either directly or indirectly through third parties.
5. CANCELLATIONS
Publicis Media has the right to cancel individual bookings or entire campaigns free of charge with a notice period of 24 hours from receipt of a corresponding declaration by the provider if there are important reasons for doing so. In this respect, important reasons are in particular: the campaign is not delivered with the KPIs agreed in advance; insolvency of the client who commissioned the booking; court decisions prohibiting the use of the advertising medium intended for the respective booking; (natural) disasters, wars, terrorist attacks, epidemics, insofar as these make the publication of advertising in general or of advertising media with the booked content appear impious, offensive, tactless or hurtful.
2 Publicis Media has the right to cancel individual bookings or entire campaigns free of charge, even without good cause, with two weeks' notice from receipt of a corresponding declaration by the provider.
6. PRICES
1. price reductions already apply to online advertising spaces of a booking that have not yet been executed. Price increases shall take effect no earlier than four weeks after written notification by the provider and shall entitle Publicis Media to withdraw from the affected booking with respect to online media services not yet executed. The provider is obligated to send Publicis Media new price lists and/or tariffs without delay, as otherwise an appeal to the same against Publicis Media is excluded.
7. ACCOUNTING
1. the following information must always be included in the provider's invoices: the clear designation of the customer; the advertised product; the exact designation of the advertising campaign; the clear performance period; as far as applicable, the information on partial invoices / advance invoices.
2. Publicis Media reserves the right to reject invoices in which the information specified in Section 7.1 is missing.
8. SECRECY AND DATA PROTECTION
1. the provider may not disclose any customer data to third parties unless this has been agreed in advance in writing with Publicis Media or is absolutely necessary for the proper delivery of the advertising media. In each individual case of planned disclosure to third parties, Publicis Media must be informed in writing prior to disclosure. In the event of a disclosure to third parties permitted under this Section 8.1, such third parties shall be obligated by the provider to maintain confidentiality. Publicis Media reserves the right to terminate all bookings with the provider without notice for good cause if the provider violates the above obligations.
2. the provider assures to comply with all applicable data protection regulations at all times. The provider shall comply with the relevant data protection regulations when executing bookings. If the provider collects personal data, the provider shall only collect, process or use personal data in accordance with the instructions of Publicis Media. In this case, Publicis Media may also request the conclusion of an agreement on commissioned data processing.
9. FINAL PROVISIONS
1. place of performance and jurisdiction is Düsseldorf.
(2) German law shall apply to the exclusion of the application of the UN Convention on Contracts for the International Sale of Goods.
Changes or additions to a booking including these GTCP as well as ancillary agreements to bookings or these GTCP must be made in writing to be effective. This also applies to changes to this written form clause.
Should one or more provisions of these GPC be or become invalid, this shall not affect the validity of all other provisions. In this case, Publicis Media and the provider shall replace the invalid provision in joint negotiations with a provision that comes as close as possible to the economic purpose of the invalid provision. The same shall apply in the event of loopholes.
Conditions of participation
These conditions of participation govern participation in all competitions on the Instagram page "publicismediagermany" and their implementation, unless explicit reference is made to separate conditions of participation. The organizer is Publicis Media GmbH, Toulouser Allee 3, 40211 Düsseldorf (hereinafter referred to as the "Organizer"). By participating in the respective competition, participants accept the following terms and conditions.
1. eligibility to participate
Unless expressly stated otherwise in the respective competition, natural persons who are resident in Germany, Austria or Switzerland and are at least 18 years of age are eligible to participate. Multiple entries and participation via an automated mass procedure or competition associations are not permitted and may lead to exclusion from the competition.
2. details of the competition
The exact participation period, the competition question or the type of participation and winning opportunity and, if applicable, the details of how to win are described in detail on the respective competition page.
3. profit processing
The prize will either be sent to the postal address provided by the participant or the winners will be informed about the prize, the prize processing and any necessary next steps (e.g. sending the full postal address or returning any documents) via the e-mail address provided in the competition (in the case of competitions via external sites such as Instagram: via a post on the corresponding page) after the end of the competition. If a participant is not reached or does not follow the next steps within the time communicated to him/her, the organizer may determine a new winner. The claim of the original winner is forfeited. The prize will be sent via Publicis Media GmbH.
4. profit
The item presented as a prize in the competition may differ from the item won (e.g. in terms of model, color, etc.). A cash payment of the prize (unless it is a cash prize) or a transfer to other persons is not possible. Prizes will only be delivered to an address in the countries of residence permitted for the competition. The place of performance remains the organizer's registered office despite the assumption of shipping costs. The original winner's claim shall lapse if the prize is not sent within one week of the first notification of the prize for reasons within the winner's control.
5. availability and function of the competition
The availability and function of the competition cannot be guaranteed. It may be terminated or removed due to external circumstances or constraints without this giving rise to any claims by participants against the organizer. These include technical problems, rule changes or decisions by social platforms, such as Instagram, if the competition is organized on or in connection with them.
6. liability
The following exclusions and limitations of liability apply to the organizer's liability for damages, notwithstanding the other statutory requirements for claims in accordance with this section: The organizer is liable without limitation if the cause of damage is based on intent or gross negligence.
Furthermore, the organizer is liable for the slightly negligent breach of essential obligations, the breach of which jeopardizes the achievement of the purpose of the contract, or for the breach of obligations, the fulfilment of which is essential for the proper execution of the competition and on the observance of which the contractual partners regularly rely. In this case, however, the organizer is only liable for the foreseeable damage typical for the contract. The organizer is not liable for the slightly negligent breach of obligations other than those mentioned in the preceding sentences.
The above limitations of liability shall not apply in the event of injury to life, limb or health, for a defect following the assumption of quality guarantees for the quality of a product and in the event of fraudulently concealed defects. Liability under the Product Liability Act remains unaffected. Insofar as the liability of the organizer is excluded or limited, this also applies to the personal liability of employees, representatives and vicarious agents of the organizer.
7. data protection information
The organizer only collects and uses the participant's personal data if the participant has consented or if this is otherwise permitted by law. Further details are provided on the entry form. By participating in the competition, the participant expressly agrees to the use of his/her data for the purpose of contacting him/her and for the public announcement of a possible win. The privacy policy of the organizer or the social platform must also be observed.
8. notices and conditions of third party platforms (e.g. Instagram)
If the competition is offered by the organizer via a third-party platform (e.g. Facebook, Instagram, YouTube, Snapchat or Pinterest), the following applies:
a) In addition to these conditions of participation, the relationship between the organizer, the participant and the third-party platform is determined by the conditions of participation and the data protection rules of the platform operator(see Instagram terms of use).
b) Participants may not assert any claims against social platforms (e.g. Facebook, Instagram) on which the competition may take place in connection with the use of the competition application or participation in the competition.
c) The participants acknowledge that neither the competition application nor the competition are in any way sponsored, supported or organized by the third party platform (e.g. Facebook, Instagram) or have no connection to the third party platform (e.g. Facebook).
d) All information and data provided by or collected from participants through the use of the competition application or during the competition will only be used for the purposes of the competition and will not be disclosed to third parties unless the participant gives his/her consent.
e) All inquiries and notices regarding the competition must be addressed to the organizer and not to the third party platform (e.g. Facebook, Instagram).
9. other legal information
The organizer reserves the right to exclude persons from the competition. In particular, persons who use unauthorized aids or otherwise gain advantages through manipulation will be excluded. The organizer may also pronounce such an exclusion retrospectively, but may recognize or reclaim prizes. The organizer is free to make its own assessment. Should individual provisions of these conditions of participation be invalid, this invalidity shall not affect the validity of the remaining conditions of participation. The law of the Federal Republic of Germany shall apply (possibly in combination with indispensable provisions of Swiss or Austrian law). Legal recourse is excluded.
