Terms and Conditions 2017-09-11T17:02:54+00:00

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.

Terms Advertiser
Terms Micro Influencer / Influencer
Content Guidelines

General Terms and Conditions Advertisers

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

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.

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.

WUnless 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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

  1. Contracting party
  2. General information
  3. Conclusion of agreement
  4. Service and fee
  5. Presentations
  6. Property right and copyright
  7. Trademark
  8. Approval
  9. Deadlines
  10. Payment
  11. Warranty and indemnity
  12. Liability
  13. Applicable law
  14. Place of fulfilment and place of jurisdiction

 

General Terms and Conditions Micro Influencer

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

The object of this agreement is your free participation in the LINKILIKE network as a social influencer or as an advertiser.

Social Influencer or Micro Influencer are consumers in terms of the Consumer Protection Act (KSchG), who participate in the LINKILIKE network and post contents from the advertisers on their channels. Social influencer are solely private individuals or small businesses exempt from value added tax.

Advertisers are consumers as well as entrepreneurs in terms of the Consumer Protection Act (KSchG), who participate in the LINKILIKE network and make their content available for distribution by the social influencer.

Channel are social media user profiles.

Using the LINKILIKE network, the LINKILIKE GmbH offers advertisers the option of transferring advertising campaigns to the LINKILIKE network against payment, which are offered to the social influencer by the LINKILIKE network for posting in the social influencer’s channel (so-called share). The social influencer receives compensation for each campaign participation. The social influencer can donate said compensation to a charity of his or her choice or can have the amount transferred into his or her account.

Prerequisite for participating in the LINKILIKE network is the social influencer’s successful registration on the LINKILIKE website. Your participation in the LINKILIKE network commences with the activation of your account by the LINKILIKE GmbH.

With your registration, you guarantee that you filled out the registration form completely and truthfully and that you have unlimited legal capacity (in particular, over the age of 18) and have the right to participate in the LINKILIKE network.

An activation of the channel will be denied by the LINKILIKE GmbH if

Furthermore, LINKILIKE reserves the right to reject accounts, which are classified as unsuitable. The agreement is deemed concluded for the participation in the LINKILIKE network based on these General Terms and Conditions with the activation of the account by the LINKILIKE GmbH.

Using the LINKILIKE system, the LINKILIKE GmbH offers the social influencer the opportunity of distributing content (in the following referred to as campaign or content) on their “channels” (sharing), in the event that the social influencer likes the content. The social influencer receive compensation for their participation in the campaigns. Moreover, social influencer can invite friends and family via the LINKILIKE network and receive compensation for doing so.

The participation in and utilisation of the LINKILIKE network is free of charge for the social influencer.

Social influencer participate in free campaigns on a voluntary basis. In line with LINKILIKE SHARITY, LINKILIKE undertakes to remit the amounts cleared by the social influencer as donations to the designated charity within 14 days without deducting any charges. The social influencer is informed of the successfully made donation by mail.

The LINKILIKE GmbH is not liable in cases of slight negligence (except for bodily injuries).

The participation in the LINKILIKE network is for an indefinite period of time. Said participation can be terminated at any time by the social influencer and by the LINKILIKE GmbH subject to 30 days’ notice at any time without stating reason.

The LINKILIKE GmbH reserves the right to terminate participation in the LINKILIKE network for cause effective immediately without observing any notice period. In particular, cause is given if

The participation in the LINKILIKE network automatically expires upon the death of the social influencer.

The LINKILIKE GmbH offers social influencer a technical alternative of informing new users about LINKILIKE by means of a personalised link (ref link) and of participating in their compensation in the event of a successful recommendation. The recommendation is only successful if the user directly registered as a social influencer via the ref link and was activated by LINKILIKE. The LINKILIKE GmbH is fundamentally not liable if a successful recommendation is not correctly logged due to technical problems. This recommendation system is country-specific and is currently only available to social influencer in Germany and Austria.
If the ref link is published on external websites (channels, web pages, forums and blogs), the terms of use must be strictly adhered to. The social influencer’s website may neither promote any kind of violence nor contain sexually insinuating contents or images or discriminating, insulting or defamatory statements. The website must observe all legal regulations, may neither promote or advocate illegal activities nor approve of or look upon such activities favourably in any other manner.
Upon request, the social influencer will, if applicable, be provided with digital advertising material. The social influencer is not permitted to modify said media in any way; the sole purpose is advertising LINKILIKE. It is also prohibited to copy parts of the source code, texts or graphic art from the website linkilike.com and to use such for advertising purposes; this requires the explicit written approval of the LINKILIKE GmbH. The social influencer is not permitted to integrate advertising material or the ref link into e-mails if the recipients thereof did not expressly agree to receiving these e-mails. Comment spam in forums and blogs is also prohibited. In the event of legal violations, which result due to improper use of the recommendation system, the social influencer must fully indemnify and hold the LINKILIKE GmbH harmless.

The multiplier is not permitted to place commercial ads in search engines (e.g. Google) or in social networks (e.g. Facebook) in which the brand name LINKILIKE is used as a keyword.

The LINKILIKE GmbH and/or the advertisers are the sole holders of all rights to the contents (including brands, logos, texts, graphic art, images, audio and video content, software, applications, etc.), which are accessible to or made accessible to social influencer. In particular, this applies to trademark rights and the copyrighted rights of use. The LINKILIKE GmbH assigns the rights necessary for the implementation of the campaign to the social influencer to the extent required in regard to time, place and content. The assignment of rights can be revoked at any time and expires upon completion of the campaign at the latest. The social influencer’s liability regarding third party rights remains unaffected hereof.

We reserve the right to alter provisions of these General Terms and Conditions at any time and without stating reasons. Alterations for already existing contractual relationships become effective after we have published them on www.linkilike.com and you have not objected to the alterations within six (6) weeks. Upon announcement of alterations regarding the General Terms and Conditions, we will inform you separately and accordingly.

These General Terms and Conditions include all agreements between the parties regarding their object. No additional agreements whatsoever were concluded.

Should individual provisions be or become ineffective, all remaining provisions remain in force without any restrictions. An ineffective provision must be replaced by an effective provision, which corresponds to the meaning of the respective agreement or be eliminated.

This agreement is solely subject to Austrian law excluding referral provisions. The United Nations Convention on Contracts for the International Sale of Goods (CISG) does not apply.

  1. Contracting party
  2. Scope of application and definitions
  3. Registration and activation/rejection
    • the channel is a fake account
    • the channel was created less than 30 days prior to registering
    • the primary purpose of the channel is to distribute advertising messages
    • the channel has less than 50 friends or
    • the channel has offensive, defamatory, discriminating, inflammatory or politically extreme content
  4. Services for social influencer
  5. Nutzungsbedingungen
    • Each social influencer can only register once on the LINKILIKE network, i.e. only create one channel.
    • The channel may not serve the primary purpose of distributing advertising messages.
    • The social influencer must use his or her fan page for posts.
    • It is prohibited to defame the content made available or the advertisers.
    • Social influencer undertake to keep their access data in a safe place and not to disclose said data to third parties.
    • If information provided during registration should subsequently change, social influencer are obligated to immediately inform the LINKILIKE GmbH in this respect.
    • Campaign content must be publicly accessible on your channel for an uninterrupted period of at least 30 days as of the time of its publication.
    • Social influencer may not engage in any activities, which compromise the stability or functionality of the LINKILIKE network.
    • Social influencer may not draw the attention of family or friends to posts, which were made, using direct messages or active bulletin board messages.
    • Social influencer may not resort to improper means, to increase their earnings.
    • Social influencer must indicate the promotional purpose of the post (e.g.: with #sponsored) if not automatically included in the campaign text. Where this indication is added automatically, Social influencers must not delete or edit it.
    • Social influencer may only use PayPal addresses or bank details for the compensation payments, which are clearly attributable to their personal information.
    • Social influencer are not permitted to amend the campaign text suggested for each campaign.
  6. CompensationThe compensation offered by LINKILIKE is merely intended to cover the expenses incurred by the social influencer (computer wear and tear, Internet charges, electricity, etc.) and does not represent any commercial activity with the intention of profit making on the part of the social influencer. The registration does not constitute an employment contract and/or partnership.The LINKILIKE GmbH can change the compensation system subject to a lead time of 4 (four) weeks for economic reasons.The LINKILIKE network supports the following compensation method:
    Cost per Share (CPS):In this case, compensation is paid per executed share.The minimum settlement amount is €10.00. In the event of an ordinary or extraordinary termination of the social influencer account, we will pay you the credit balance shown in your account at the time of termination within 2 weeks, provided that the credit balance shown at the time of termination exceeds €30.00.All payments to social influencer are either made via the payment service “PayPal” or via a bank account designated by the social influencer (BIC (Swift)/IBAN) within 14 days after the credit note is issued. The target accounts must be clearly attributable to the beneficiary.It lies solely within the responsibility of the social influencer, to comply with the effective (fiscal) legal requirements; in particular, this applies to a possible duty of paying income tax, value added tax and business tax or possible contributions to social security, unemployment insurance, pension insurance, etc.The LINKLIKE GmbH can deduct up to EUR 0.9 per payment to the social influencer (with the exception of payments in line with LINKILIKE SHARITY). Possible fees charged by PayPal or a bank must be borne by the social influencer. Instead of having the amount paid into his or her account, we recommend the social influencer to donate the credit balance to a charitable organisation.
    1. General information regarding compensation
    2. Compensation methods
    3. Payment and settlement
  7. Free campaigns/Charity/SHARITY
  8. Liability
  9. Termination of agreement
    • a social influencer does not immediately inform the LINKILIKE GmbH about changes to his or her information provided during registration,
    • a continuation of the agreement has become unacceptable for the LINKILIKE GmbH, the advertisers or other affiliates,
    • a social influencer is in breach of the provisions stated in section 3 and 5 of these General Terms and Conditions,
    • there is reasonable suspicion that a social influencer is in breach of applicable (fiscal) law,
    • the economic situation of the LINKILIKE GmbH or the LINKILIKE network requires this, or
    • a social influencer does not log in for a period of 30 days and does not participate in campaigns.
  10. Right of withdrawal
    • Austrian consumer: The consumer can withdraw from an agreement within 7 weekdays (Saturdays are not deemed weekdays) for concluded distance selling agreements (§ 5a ff of the Consumer Protection Act – KSchG). The period commences on the day the agreement is concluded. Sending the notification of withdrawal within the period suffices. Withdrawal is not possible for services, which, as agreed, are to be rendered within 7 days as of conclusion of agreement.
    • German consumers: German consumers can withdraw their acceptance of these General Terms and Conditions and of the concluded usage agreement in writing within one month after their declaration of acceptance. Written notification must be sent to the LINKILIKE GmbH, Rainerstr. 16, 4020 Linz, Austria or via e-mail to office@linkilkie.com. The punctual dispatch of the notification of withdrawal suffices to comply with the deadline. If withdrawal is declared in due time, the consumer is neither bound to the usage agreement nor to his or her declaration of acceptance. The right of withdrawal expires prematurely if, upon explicit request by the consumer, the agreement is completely fulfilled by both sides, before the consumer has exercised his or her right of withdrawal.
  11. Recommendation system for social influencer
  12. Intellectual property
  13. Subject to alterations
  14. Final provision

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, 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.

Stand: April 2017