General Terms and Conditions (GTC)

1. Principle

1.1 Scope of Application

Unless otherwise agreed in writing, these "General Terms and Conditions" (GTC) of MediaBros. GmbH (hereinafter referred to as MediaBros.) exclusively apply to all advertising orders and the associated services. General terms and conditions of contract partners are expressly excluded, even if they claim exclusive validity.

1.2 Definition

All contracts between MediaBros. and an advertiser, the content and services of which are to be described more precisely in the offer or order confirmation, are considered advertising orders according to these GTC. Advertisers or their agencies are considered advertisers.

1.3 Provisions for Agencies

MediaBros. only accepts advertising orders from agencies if they disclose the name of the advertiser. If the advertiser is represented by an agency, the advertiser can only exempt himself from his payment obligation by paying MediaBros.

1.4 MediaBros.

MediaBros. acts on its own account and in its own name. For this purpose, MediaBros. concludes contracts with the advertising media on its own behalf and for its own account.

1.5 Involvement of Third Parties

MediaBros. is entitled at any time to involve third parties to fulfill its contractual obligations.

 

2. Conclusion of the Advertising Contract

2.1 Conclusion

Offers from MediaBros. are non-binding. An advertising order is concluded when MediaBros. receives an order confirmation from the advertiser or the agency. This order confirmation is also valid if it is sent to MediaBros. by email without a signature. The advertising order comes into effect in any case with the commencement of the preparatory work or at the latest with the start of the campaign. In these cases, delivery replaces the signed order confirmation.

2.2 Reservations

The provisions regarding price changes in section 4.2 remain reserved.

2.3 Delivery of Basic Materials

The advertiser is obliged to provide MediaBros. with the necessary basic material (in particular advertising material and motifs, graphics, texts, and videos) for the distribution form of the advertising (activation, broadcast, etc.) at his own expense in the format requested by MediaBros. by the deadlines listed below before the confirmed distribution date:

10 working days for banners, images, texts, graphics, and videos.

In individual cases, the lead times may deviate due to special provisions. In such a case, MediaBros. will inform the advertiser as soon as possible.

2.4 Approval of Advertising Material

Unless otherwise agreed, advertising materials designed by MediaBros. are deemed accepted without examination by the advertiser. If the customer requests acceptance of the advertising materials, MediaBros. has the right to make marginal adjustments (e.g., for performance improvement) subsequently, without further examination by the advertiser.

2.5 Right to Rejection

MediaBros. and the advertising media reserve the right to reject advertising materials provided by the advertiser for legal, moral, discriminatory, or similar reasons, even in the case of legally binding advertising orders. In particular, MediaBros. is entitled to reject advertising materials due to their origin, content, form, or technical quality.

3. Execution of the Advertising Contract

3.1 Basis

A legally effective advertising order concluded by MediaBros. obliges MediaBros. to execute the order in accordance with the order confirmation.

3.2 Distribution

Unless otherwise agreed, MediaBros. is free to choose the distribution channels to achieve the campaign goals.

3.4 Measurement of Performance

For the measurement of the services provided by MediaBros., only the program used by MediaBros. is relevant. Unless otherwise agreed in writing, the measurement of quantitative and qualitative performance is based on industry-standard KPIs (Key Performance Indicators) such as Ad Impressions, Clicks, CTR (Click-Through Rate), Conversions, Engagement, and/or Conversion Rate, according to detailed end reporting and/or the analysis and reporting dashboard provided online by MediaBros.

3.5 Defects

If the agreed quantity is not reached within the campaign period due to force majeure (including technical disruptions) or other circumstances not attributable to MediaBros., MediaBros. may extend the duration of the campaign in consultation with the advertiser. MediaBros. informs the advertiser of significant changes. If the advertiser does not object to this announcement immediately (1 working day) in writing, this is deemed to be his consent.

3.6 Data, Duration & Provisions

Cookies and other tracking technologies are used during distribution, which may contain data on the duration, click behavior, and number of banner impressions of an individual advertising material per user. This information is used, for example, for frequency capping and/or interest and behavior targeting as well as re-targeting to increase campaign efficiency. In addition, such data may be used by MediaBros. for analysis purposes. MediaBros. may analyze user-entered data and aggregate this data for the purpose of quality control, validating the authenticity of the entered data, and supplementing existing data records. This data is the property of MediaBros. and is stored without a specific duration.

4. Prices

4.1 Basis

All prices published or offered by MediaBros. are individually defined for a specific order. The campaign price does not include any additional costs, especially production costs unless otherwise offered in writing. Any additional costs will be invoiced separately by MediaBros. and are to be paid by the advertiser. All prices are plus value-added tax or any other applicable tax at the respective statutory rate.

4.2 Price Changes

Changes to published or offered prices are possible at any time. Price changes are only effective for legally concluded advertising orders if announced by MediaBros. at least 10 calendar days before the start of the campaign. In the event of a price increase, the advertiser has the right to withdraw. The right of withdrawal must be exercised in writing within 5 working days of receiving the notification. Without contrary notification from the advertiser, MediaBros. is entitled to execute the campaign at the new prices.

5. Discounts and Commissions

5.1 Discounts

MediaBros. may grant discounts or other benefits on published rates explicitly referring to clause 5.4 of these GTC.

5.2 Fixed Discounts

Fixed year-end discounts and group discounts are granted exclusively in the case of an explicit written agreement at the time of contract conclusion.

5.3 Consultant Commission/Agency Compensation, Further Agency Compensation

Agencies receive a consultant commission (agency compensation) if they advise their clients or provide corresponding services and can prove this. The advertiser agrees that MediaBros. may compensate the agencies directly for services specifically agreed between MediaBros. and the agencies, which lead to a reduction of expenses or risk at MediaBros.

5.4 Agency Warranty

Agencies assure MediaBros. of the lawful use of the discounts and compensations granted to them. Agencies in particular assure MediaBros. that the granting and payment of discounts and compensations do not lead to a legal or contractual violation by the agency. The agency further assures MediaBros. that it informs its clients comprehensively and transparently about the discounts and compensations granted to it and that it reimburses all discounts and compensations to its clients, unless the contractual relationship between the agency and the advertiser (client of the agency) provides otherwise.

6. Payment Conditions

6.1 Invoicing

MediaBros. generally invoices its services after distribution has taken place.