General Terms and Conditions
Please read these General Terms and Conditions carefully before registering to participate in the LINKILIKE network. These General Terms and Conditions are deemed to be accepted with your registration. We recommend you print and keep these General Terms and Conditions for the purpose of documentation.
General Terms and Conditions Advertisers
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- Contracting party
Solely the LINKILIKE GmbH, based at the following business address, is your contractual partner and service provider: LINKILIKE GmbH, Rainerstr. 16, A-4020 Linz, www.linkilike.com, UID/VAT no.: ATU67362837
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- General information
Solely these General Terms and Conditions apply to all business transactions between the client and LINKILIKE. Clients’ deviating business terms are only effective if we explicitly accept them in writing. Agreements, which differ from or supplement these General Terms and Conditions, must be in writing. Should individual provisions of these General Terms and Conditions be ineffective, this does not affect the validity of the remaining provisions or the agreements concluded based on them. An ineffective provision must be replaced by a provision which comes closest to the intended purpose.
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- Conclusion of agreement
Our offers are subject to change without notice. Clients’ assignments are not deemed accepted until said assignments are confirmed in writing, unless LINKILIKE indicates – for instance by taking action based on the assignment – that it has accepted the assignment.
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- Service and fee
Unless otherwise stipulated, LINKILIKE’s fee claim begins for each individual service before this service is rendered. LINKILIKE has the right to request advances, to cover its operating expenses. All services provided by LINKILIKE, which are not expressly compensated for with the stipulated fee, must be paid for separately. In particular, this applies to all incidental services rendered by LINKIILIKE. The client must reimburse LINKILIKE for all cash expenditures, which accrue for LINKILIKE, which exceed ordinary business operations (e.g. for messenger services, extraordinary forwarding charges or travel). Cost estimates made by LINKILIKE are strictly without commitment. If the actual costs are expected to exceed the written cost estimate made by LINKILIKE by more than 20 per cent, LINKILIKE will inform the client accordingly. The cost overrun is deemed accepted by the client if the client does not object within three days after being notified thereof and at the same time, provides more cost-efficient alternatives. LINKILIKE must be paid appropriate compensation for all work it carries out, which is not implemented for whatever reason. The client does not acquire any rights to this work with the payment of this compensation; on the contrary, unimplemented concepts, drafts, etc. must be immediately submitted to LINKILIKE.
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- Presentations
LINKILIKE is entitled to an appropriate fee for participating in presentations, which at least covers the overall costs incurred by LINKILIKE for staff and materials for the presentation as well as the costs for all third-party services. If LINKILIKE is not contracted after the presentation, all services rendered by LINKILIKE, in particular the presentation materials and their content, remain the property of LINKILIKE; the client is not entitled to continue to use said items in any form whatsoever; on the contrary, the materials/documents must be immediately submitted to LINKILIKE. If ideas and concepts for the solution of communication activities proposed in the course of a presentation are not utilised in the advertising material designed by LINKILIKE, LINKILIKE is entitled to use the presented ideas and concepts for other purposes. The disclosure of presentation materials to third parties as well the publication, duplication or any other type of distribution thereof are prohibited without the explicit approval of LINKILIKE.
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- Property right and copyright
All services rendered by LINKILIKE, including those from presentations (e.g. strategies, suggestions, ideas, sketches, preliminary drafts, scribbles, final drawings, concepts, negatives, slides but also quotations), even individual parts therefrom, also remain the property of LINKILIKE as do the individual components and original drafts and can be reclaimed by LINKILIKE at any time – in particular, upon termination of the agreement. With the payment of the fee, the client merely acquires the right of use (including duplication) for the stipulated purpose and the stipulated scope of use. Unless otherwise agreed upon with LINKILIKE, the client may only use the services rendered by LINKILIKE for his or her own purposes for the duration of the agreement. All copyrighted utilisation rights to a website are hereby assigned to the client by LINKILIKE. However, the client does not acquire the copyrighted utilisation rights until the provider has supplied the client with the website on a data medium (CD) and the client has compensated the provider in full. All copyrighted utilisation rights remain with LINKILIKE until the compensation owed by the client has been paid. Any changes to the services rendered by LINKILIKE by the client are only permitted with the explicit approval of LINKILIKE and – insofar as the services are copyrighted – of the copyright holder. The utilisation of services rendered by LINKILIKE, which go beyond the originally stipulated purpose and scope of use, must be approved by LINKILIKE depending on whether or not this service is protected by copyright. For this, LINKILIKE and the copyright holder are entitled to separate, appropriate compensation; the fee defined in the agreement is generally deemed appropriate however, at least an amount of 7.5% of the fee paid by the client to the third party assigned with the production, distribution or publication of the advertising material. The approval of LINKILIKE is also required for the utilisation of services rendered by LINKILIKE or advertising material for which LINKILIKE compiled conceptual or creative drafts after expiry of the agreement (irrespective of whether or not this service is protected by copyright). For this, LINKILIKE is, in the 1st year after expiration of the agreement, entitled to full compensation as stipulated in the expired agreement, normally 15%. In the 2nd or 3rd year after expiration of the agreement only to half or one quarter of the compensation stipulated in the agreement. Compensation must no longer be paid as of the 4th year after expiration of the agreement.
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- Trademark
The client has all utilisation rights required for assignment at the time of assigning LINKILIKE with seeding services and for the duration of LINKILIKE’s service provision – in particular but not limited to film and audio content – and makes said rights available to LINKILIKE free of charge for the fulfilment of agreement.
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- Approval
LINKILIKE has the right to indicate LINKILIKE and if necessary, the copyright holder, on all advertising material and for all promotional activities on LINKILIKE without the client being entitled to claim any compensation for this purpose.
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- Deadlines
All services rendered by LINKILIKE (in particular all preliminary drafts, seeding strategy proposals, etc.) must be reviewed and approved by the client within three days. Said services are deemed approved by the client if the client’s approval is not provided in due time. In particular, the client must provide for the verification of the legal legitimacy and above all legitimacy under competition and trademark law of the LINKILIKE services. LINKILIKE only initiates an external legal assessment upon written request by the client; costs, which accrue in this respect, must be borne by the client.
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- Payment
The client must assert and substantiate possible claims regarding complaints in writing within three days after service provision by LINKILIKE. In the event of legitimate and timely claims, the customer is only entitled to improvement of the service by LINKILIKE. Damage claims by the client, in particular due to default, impossibility of performance, positive violation of contractual duty, culpa in contrahendo, inadequate or incomplete service, consequential harm caused by defect or due to tortious acts are excluded provided they are not based on intent or gross negligence by LINKILIKE. LINKILIKE does not assume any liability for client documents it receives for processing.
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- Warranty and indemnity
The invoices from LINKILIKE are due prior to service provision net cash without any deduction as of the date of invoice unless otherwise stipulated. In the event of late payment, the client must pay possible default interest. The delivered merchandise remains the property of LINKILIKE until paid in full. The client may only offset against undisputed claims or claims, which have been established as final and absolute, or assert a right of retention.
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- Liability
The client must assert and substantiate possible claims regarding complaints in writing within three days after service provision by LINKILIKE. In the event of legitimate and timely claims, the customer is only entitled to improvement of the service by LINKILIKE. Damage claims by the client, in particular due to default, impossibility of performance, positive violation of contractual duty, culpa in contrahendo, inadequate or incomplete service, consequential harm caused by defect or due to tortious acts are excluded provided they are not based on intent or gross negligence by LINKILIKE. LINKILIKE does not assume any liability for client documents it receives for processing.
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- Applicable law
LINKILIKE will carry out the work it was assigned taking the generally accepted legal principles into account and will duly advise the client of grave risks it detects. However, the client is responsible for compliance with legal provisions, in particular the provisions under competition law, also for promotional activities proposed by LINKILIKE. The client will not approve a promotional activity proposed by LINKILIKE (a trademark proposed by LINKILIKE) until the client has assured himself or herself of the legitimacy under competition law (trademark law) or if the client is willing to bear the risk associated with the implementation of the promotional activity (the use of the trademark) himself/herself. Any liability by LINKILIKE for claims, which are asserted against the client based on the promotional activity (the use of a trademark), is expressly excluded if LINKILIKE fulfilled its duty to provide information; in particular, LINKILIKE is not liable for costs of litigation, the client’s attorney fees, costs for the publication of court decisions or for possible claims for indemnification or similar third party claims.
In the event that claims are asserted against LINKILIKE directly due to the implementation of a promotional activity (the use of a trademark), the client must indemnify and hold LINKILIKE harmless: consequently, the client must compensate LINKILIKE for all financial and other disadvantages (including non-material damages), which result for LINKILIKE due to a third party claim.
Solely Austrian law applies to the legal relationships between the client and LINKILIKE excluding the United Nations Convention on Contracts for the International Sale of Goods.
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- Place of fulfilment and place of jurisdiction
Place of fulfilment is the District Court of Linz The competent Austrian court (Linz) responsible for LINKILIKE’s place of business is the stipulated place of jurisdiction for all disputes resulting directly between LINKILIKE and the client.
Content Guidelines
LINKILIKE will define contents as texts, images, videos, apps, etc., so contents offering LINKILIKE influencers added value in the sense of information, entertainment, etc. and not primarily focusing on selling products or services.
LINKILIKE will not accept the following content:
- Purely commercial content without added value
- Portrayals of violence
- Illegal drugs, tobacco products and related paraphernalia
- Medication or dietary supplements not approved for sale
- Exploitation or endangerment of minors
- Depiction of offensive sexual contents and images
- Weapons, ammunition, explosives
- Depiction of discriminating, offensive or slanderous statements
- Promoting gambling without a valid license
The website must further comply with the law. This includes the imprint regulations of the country where the operator of the website is situated. In any case tough, the minimum requirements given by the E-commerce guideline of the EU have to be met. Furthermore the website must not advertise or promote illegal actions nor endorse or support these in any way.
Other prohibited content:
- Backlinks to substandard contents to manipulate search engine hits
- Contents violating or infringing upon third party rights, including copyright, trademark, data protection, public status or other personal or proprietary rights
- Shocking, sensationalising, disrespectful or content depicting excessive violence
- Fraudulent, incorrect or misleading contents, including deceptive statements, fraudulent offers or business practices
- Content exploiting controversial political or social issues for commercial purposes
- Spyware, malware or other software resulting in an unexpected or deceptive user experience. This includes links to websites with these products
LINKILIKE partners with trustworthy advertisers, brands, agencies, companies and individuals to provide influencers with trustworthy and user-friendly contents. Please note, LINKILIKE reserves the right to reject contents at its discretion. In the event problem content is not detected before going live it may be blocked post-launch if it jeopardises the security, trustworthiness and/or quality of the network.
Date: October 2017