General terms and conditions for publishers within the advanced suite
Stand: November 2019
advanced store GmbH (hereinafter referred to as “advanced store”) offers its “advanced suite” service under the domain https://suite.advanced-store.com, under which publishers can join the publisher network and thus generate and install corresponding advertising media for their own website. If a transaction is generated via an advertising medium, the publisher will be remunerated accordingly. Corresponding statistics can be tracked in the user area.
1. Scope of application
The business relationship between advanced store and the publisher is governed exclusively by the following General Terms and Conditions. Differing terms and conditions of the publisher or third parties are not recognized unless advanced store expressly agrees to their validity in writing.
advanced store – is the operator of the website suite.advanced-store.com.
advanced suite – s the platform on which the publisher can generate affiliate advertising media for his website(s).
publisher – is the operator of the website(s) on which the advertising media from advanced suite is placed.
AdTech – is the advertising technology that is used in the context of AdCodes or advanced tags and includes all technological solutions from advanced store within advanced suite.
AdCode – is a script that enables both the correct display of an ad medium and the calculation and dissemination of statistics. It is a narrower definition of AdTech.
advanced tag – is a script that allows the use of retargeting.
cookie – is a small text file that is stored on the computer by the browser.
tracking – is a technology that assigns the transaction and other statistical values to the appropriate publisher.
advertising media rotation – is a selection of advertising media that are displayed alternately (rotating) in a banner.
sub-ID – is a parameter that identifies a specific ad media.
transaction – represents a completed action by the User via an advertising medium on the Publisher’s website for which the Publisher is remunerated. A transaction may be open, confirmed, paid out or rejected.
-open – is the sum of transactions in EUR not yet validated by the advertiser.
-confirmed – is the sum of transactions in EUR that has been validated by the advertiser and is ready for payout.
-paid out – is the sum of transactions in EUR transferred to the Publisher’s transaction account.
-rejected – is the sum of transactions in EUR that have been cancelled and are not paid out.
fallback – is a technological solution that replaces missing or incorrect content with a standard advertising medium or content selected by the operator.
click – is a statistical number that represents the number of ad media clicks exercised.
impression – is a statistical number that shows how often an ad medium has been displayed.
3. Participation in advanced suite
Registration for the advanced suite is not permitted for minors and other natural persons who are not or only to a limited extent legally competent, or for persons who have already been expressly excluded by advanced store from using the network.
The publisher must provide his bank account details or PayPal data as well as his VAT ID (or EU VAT number) for the payment of the credit balance.
Upon successful registration, advanced store grants the Publisher a non-exclusive, non-transferable and always revocable right to use advanced suite for the duration of this contract.
For each transaction made via an ad medium generated in advanced suite, the publisher is assigned a corresponding commission. The commission may vary depending on the ad media and advertiser.
The recording of the publisher’s services that are subject to remuneration and the processing of payments is carried out via the advanced store platform. Commissions earned and released by the publisher are credited to the publisher in an internal transaction account managed by advanced store.
The commission is released when the transaction is successfully completed and validated using advanced suite ad media and is not subsequently cancelled. Cancellation may occur as a result of any dissolution of the contractual relationship underlying the transaction, e.g. revocation, rescission, avoidance or other rights or actions. The commission is automatically released (validated) if it is not cancelled within 60 days.
In the event that a corresponding credit balance of generated and validated commissions is reached, the Publisher is entitled to the performance-based remuneration. No interest is paid on the credit balance in the publisher’s transaction account.
Settlement is carried out using the self-billing procedure. Payment depends on the legal form of the company and the payment method chosen.
A payout to the current account or via SEPA Credit Transfer requires a minimum payout amount of EUR 50 and is made within four weeks after reaching the minimum payout amount at the end of the month.
A payout to the PayPal account requires a minimum payout amount of 10 EUR and takes place automatically every 4 weeks. Depending on the legal form of the publisher, costs may be incurred by PayPal, which the publisher must pay for himself. For business customers, only payout to the current account or via SEPA bank transfer is available. Customers can choose between PayPal bank account or SEPA bank transfer.
d. Advertising media management
In the user area, the publisher can choose from various advertising media of different advertisers. One (or more) AdCode is generated for the selected ad media, which is responsible for the correct display of the ad media on the website.
The publisher has the option of determining the rotation of the ad media himself. In addition, the publisher can assign corresponding sub-IDs to the generated AdCodes to produce detailed statistics. The AdCode itself may not be changed by the publisher. Any changes to the AdCode may lead to deficiencies in functionality, for which the publisher himself is responsible.
It is the publisher’s duty to keep the display of the advertising media and the integration on his website up to date and correct. If an ad medium is deleted, incorrect or no longer available for any other reason, advanced store has the right to fall back on the fallback.
e. Website administration
The publisher’s websites must be stored and validated in advanced suite. Only then may the publisher use the AdTech on the website. In the event of an error, failure to deposit a website or incorrect integration of the AdTech, advanced store reserves the right to suspend or delete the AdTech used by the publisher.
4. advanced store’s performance obligations
The performance obligations of advanced store result from the performance description of the respective product. Other promises, performance promises or ancillary agreements are only effective if confirmed in writing by advanced store. advanced store provides the advertising material hosting through various providers on whom, in turn, the availability of the advertising material is dependent.
b. Service development
advanced store is entitled to expand its services, adapt them to technical progress and/or make improvements. This applies in particular if the adaptation appears necessary to prevent misuse, or if advanced store is obligated by law to adapt its services.
c. Additional services
If advanced store makes additional services available without additional payment, the customer has no claim to the provision of such services. advanced store is entitled to discontinue or modify such services, which were previously provided free of charge, within 14 calendar days or to offer them only against payment.
advanced store is only obligated to provide technical assistance (support) to the customer within the scope of the contract. advanced store does not provide the customer with any free support services – nor does advanced store provide direct support to the customer’s customers.
e. Maintenance work and temporary performance limitation
advanced store reserves the right to restrict its services in part or in full in the event of maintenance work, updates or other technical changes.
5. Obligations of the publisher
The Publisher is obliged to deposit his website in advanced suite for the validation process. The advertising media may only be installed on the validated websites selected in the publisher’s account.
advanced store reserves the right to refuse to display the advertising media on certain websites (even if they are listed and validated in advanced suite), particularly if this is done at the request of the advertiser. In such a case, the publisher is obligated to remove the ad media from the website immediately.
6. Integration of AdTech
If the Publisher fulfills the general conditions of participation, he/she is granted the non-transferable right to use the advertising media made available by the advanced suite within the framework of the advanced store platform for the purpose of advertising for the duration of his/her participation in advanced suite. The granting of rights is limited to the specifically intended type of use of the advertising media. It is not permitted to edit an advertising medium or use it for other than the intended advertising purposes.
The publisher is solely responsible for the correct technical integration of advertising media into the publisher’s website. The publisher is aware that in the event of incorrect integration of advertising material, the revenue generated may not be correctly recorded or correctly allocated and therefore cannot be remunerated. The AdTech made available via the advanced store platform for the purpose of integrating an ad medium may not be modified.
The Publisher is solely responsible to the users of his web offering for compliance with all data protection regulations. The publisher is aware that, from a data protection perspective, the placement of certain cookies may give rise to obligations to provide information and may also require the user’s consent.
7. Liability and indemnity
a. Liability of the publisher
The publisher is liable without limitation in accordance with the statutory provisions for damage to life, body and health resulting from a negligent or intentional breach of duty by the publisher, its legal representatives or its vicarious agents, as well as for damage resulting from intentional or grossly negligent breaches of contract and fraudulent intent by the publisher, its legal representatives or vicarious agents.
The publisher is also liable for damages caused by simple negligence, insofar as this negligence concerns the breach of such contractual obligations, the observance of which is of particular importance for the achievement of the purpose of the contract. The same applies if advanced store is entitled to damages in lieu of performance. However, advanced store is liable only to the extent that the damages are typically associated with the contract and are foreseeable.
Any further liability on the part of the publisher for the sale of an item is excluded regardless of the legal nature of the asserted claim; this applies in particular to tortious claims or claims for compensation for futile expenses in lieu of performance. Insofar as the publisher’s liability is excluded or limited, this shall also apply to the personal liability of its employees, workers, staff, representatives or vicarious agents.
b. Liability of advanced store
advanced store shall be liable, regardless of the legal grounds, only in accordance with the following provisions.
advanced store shall be liable for intent and gross negligence in accordance with the statutory provisions.
In the event of slight negligence, advanced store is only liable for breach of a material contractual obligation, the fulfillment of which is essential for the proper performance of the contract and on the observance of which the customer may regularly rely (cardinal obligation). In such cases, advanced store is liable only to the extent of the foreseeable damage typical for the contract.
advanced store is liable without limitation under the statutory provisions for damages to life, limb and health resulting from a negligent or intentional breach of duty by its legal representatives or agents.
advanced store assumes no liability for the availability of products. Nor does advanced store assume any liability for interruptions, technical malfunctions or the like. Mutually, no minimum availability of the Internet presence has been agreed and is not owed.
The publisher is aware that, in the event of illegal actions in accordance with Clause 9, there is a risk that the program operator and/or advanced store may also be held liable by third parties for legal violations arising from such actions.
The publisher agrees to indemnify advanced store from all justified claims by third parties based on an illegal or infringing performance of the actions listed in Clause 9 a and/or the actions prohibited under Clauses 9 b and c. This only applies, however, if advanced store immediately notifies the publisher of corresponding third-party claims and details of any legal disputes and leaves all decisions regarding legal defense and a settlement to the publisher.
8. Term and termination
The contract is concluded between advanced store and the publisher for an indefinite period.
Either party may terminate this contract by giving one week’s notice.
advanced store may terminate the contract for good cause. An important reason exists if the publisher culpably violates a material contractual obligation.
9. Inadmissible actions
a. Website content
The publisher undertakes to refrain from using advertising media made available via advanced suite on websites whose content violates applicable law. In particular, it is prohibited to include them on websites
- whose content is punishable or illegal,
- that violate the property rights of third parties (in particular copyrights and ancillary copyrights, trademark rights, patent rights, utility or design patents, rights to a name, etc.); this also applies to violations of rights through the use of a specific domain name to address the Internet offering,
- are marked with symbols of unconstitutional organizations,
- with pornographic or youth-endangering content (excluding advertising material from partner programs in the erotic category)
- that contain discriminatory statements or representations regarding race, gender, religion, nationality, disability, sexual orientation or age.
The publisher is obligated to check the permissibility of the content of the website he/she offers before integrating advertising media made available via advanced suite.
b. Technical manipulation
The manipulation of the AdTech by technical devices or other means with the aim of obtaining payment by fraud is prohibited. In particular, the generation of transactions by the publisher itself, either using its own information, false information or information provided by third parties, is prohibited. The creation of websites or the implementation of advertising measures that encourage the customer to perform an action without any real interest is also prohibited.
The technical manipulation, reverse engineering, decompiling, disassembling, modifying, unauthorized copying, creation of derivative works or otherwise creating, attempting to create or derive or allowing third parties to create or derive or allow third parties to create or derive derivative works is also prohibited.
c. Risk of confusion
The publisher may not design his website in such a way that it may create a risk of confusion with the website of the program operator. The publisher must provide his website with an imprint in accordance with the legal provisions, which identifies him as the operator of his offer.
10. Intellectual property
For the duration of these General Terms and Conditions, the publisher is granted a non-exclusive, revocable, gratuitous, temporally and spatially unrestricted, non-transferable right of use to the available advertising media and AdTech on the advanced suite platform.
advanced store grants the publisher a revocable, non-exclusive, non-sublicensable, non-transferable, free worldwide right of use for the interface, to the extent necessary for the publisher to fulfill its obligations under this agreement.
The publisher will not, and will not attempt to, modify, reverse engineer or create derivative works of the interface, advertisements, or the AdTech.
Either party may name the other party in customer lists and may use the other party’s name and logo in marketing materials and presentations. Any further use requires the prior written consent of the other party.
a. advanced store’s point of view
For the affiliate marketing business, advanced store acts as a data processor. Any processing of personal data that advanced store undertakes is expressly intended to provide an agreed service for publishers and advertisers. Both publishers and advertisers own the relationship with their users and customers and effectively act as controllers.
b. Consent of the data subject
c. Processing of personal data
12. Severability clause
Should individual provisions of this contract be invalid, this shall not affect the validity of the remaining provisions. The parties to the contract shall endeavour to find a valid provision to replace the invalid provision, which comes closest to the economic meaning of the invalid provision.
13. Changes of the general terms and conditions
advanced store reserves the right to change these general terms and conditions. advanced store will notify the publisher of the changes or the new general terms and conditions by e-mail. The changes or the new general terms and conditions are deemed to be agreed if the publisher does not object to their validity within four weeks of receipt of the e-mail. advanced store will separately inform the publisher in the e-mail of the possibility of objection, the deadline and the consequences of the publisher’s inaction.
14. Applicable law and place of jurisdiction
This agreement is subject to German law. For all disputes arising from this agreement, the place of jurisdiction is Berlin, unless otherwise stipulated by law.