Publisher Service Agreement of AllRide GmbH
Hackescher Markt 2 | 10178 Berlin | Germany
hereinafter referred to as “AllRide” –
Version 1.0
Preamble
AllRide offers a technical system for the implementation of success-based marketing programs on the Internet under the name “TicketPlus+”. AllRide acts both as a platform operator and as an advertiser. As part of this program, AllRide markets the TicketPlus+ product, which is advertised by publishers using affiliate marketing. The publisher receives remuneration for every successful transaction that is brokered and concluded through its advertising measures. The contractual relationship exists directly between AllRide and the publisher. AllRide provides the platform and the TicketPlus+ product and pays the remuneration in its own name. Communication and transaction processing take place exclusively via AllRide. The contract between the Publisher and AllRide is concluded online.
§ 1 Subject matter of the contract
- By accepting this agreement, AllRide enables the Publisher to participate in the marketing program for TicketPlus+.
- AllRide’s services include both the provision of the platform and the role of the advertiser whose product (TicketPlus+) is advertised by the publishers.
§ 2 Remuneration of the Publisher
- The Publisher is entitled to remuneration of €1.00 (in words: one euro) per successfully referred customer. A customer shall be deemed to have been successfully referred if the customer makes a legally binding purchase of any product on the AllRide Internet platform and payment has been received in an AllRide account and has not been canceled within 90 days after purchase. AllRide provides the Publisher with a specifically generated web link (“affiliate link”) for verification purposes, through which the customer can be tracked on the AllRide website until the purchase process is completed. The publisher is only remunerated for verifiable sales made via this specific affiliate link.
- AllRide determines the remuneration rates for brokered transactions within the framework of the program and can freely change and adjust these at any time, provided the Publisher has been informed of this (a simple e-mail is sufficient). Publisher approval for an adjusted remuneration is not required.
- The remuneration is inclusive of statutory VAT, if and insofar as this is applicable.
- The publisher acquires remuneration claims directly against AllRide, as AllRide represents both the platform and the advertiser. However, AllRide is not liable for non-payment by other third parties.
§ 3 Terms of payment
- The Publisher receives a monthly billing overview including all successfully brokered transactions using the affiliate link via the AllRide platform provided
- AllRide invoices the Publisher for the remuneration claims as a credit note in accordance with the billing overview and sends this credit note to the Publisher by e-mail.
- Payments from AllRide to the publisher are made by bank transfer to an account previously specified by the publisher. The payment term is 30 days.
- The Publisher may only offset counterclaims against AllRide’s payment claims with recognized or legally established claims.
§ 4 Licenses/rights
- The Publisher grants AllRide an irrevocable, royalty-free, geographically unrestricted license to use all trademarks and copyrights of the Publisher within the scope of the marketing program. AllRide may use this license to promote the TicketPlus+ product.
- AllRide grants the publisher a revocable, non-transferable, royalty-free license to include links to TicketPlus+ on its website or social media channel and to advertise them as part of the campaign. The license expires when the agreement ends.
§ 5 Confidentiality
- AllRide and the publisher undertake to treat all business secrets that become known during the cooperation as confidential.
- This obligation to maintain confidentiality shall also apply for a period of 5 years after termination of the contractual relationship.
§ 6 Obligations of the Publisher to cooperate
- The Publisher shall comply with the requirements set out in the General Terms and Conditions. This includes, among other things, a corporate identity-compliant naming of the brand and use of the logo.
- The use of sub-publishers requires the prior consent of AllRide.
- The publisher shall ensure that its website and/or social media channel and its content comply with the statutory provisions and do not infringe any third-party rights.
- The Publisher undertakes not to engage in spam and not to send unsolicited commercial e-mails.
- A contractual penalty of at least € 5,001.00 shall be payable in the event of breaches of these obligations.
§ 7 Liability of AllRide
- AllRide is not liable for damages of any kind, unless these were caused intentionally or through gross negligence.
- In cases of slight negligence, AllRide’s liability shall be limited to typical and foreseeable damage.
- Claims for damages must be asserted in court within three months of the rejection of the claim.
- AllRide’s liability is limited to a maximum amount of € 1,000.00 for property damage and € 2,000.00 for financial losses per year.
- Force majeure releases AllRide from liability.
§ 8 Term/termination of contract
- The term begins with the provision of an individual affiliate link by AllRide to the Publisher.
- The agreement can be terminated by either party with a notice period of 14 days.
- The right to terminate without notice for good cause remains unaffected.
- Terminations must be made in writing or by e-mail.
- After termination of the contract, the Publisher must remove all links and refrain from any further activity within the framework of the program.
- After termination of the contract, the Publisher shall not be entitled to any remuneration in accordance with § 2 of this contract.
§ 9 Data protection/transaction data
- AllRide’s privacy policy applies
- AllRide is entitled to process and store the data received in the course of the business relationship in accordance with the applicable data protection laws.
- The Publisher is responsible for the data in its billing account.
- AllRide will only pass on personal data if there is a compelling legal reason to do so.
§ 10 Final provisions
- Amendments or additions to this agreement must be made in writing or can be made by e-mail.
- Should a provision of this agreement be invalid, the validity of the remaining provisions shall remain unaffected.
- AllRide may amend this agreement appropriately by unilateral declaration. If the publisher does not object within 4 weeks, the amendment is deemed to have been accepted.