General terms and conditions for booking advertising on Buchdeals.de and the "Book of the Day App"

Buchdeals GmbH. - Bahnhofstr. 1-3 - 33102 Paderborn, represented by Alexander Ivanov, operates the “Book of the Day” app and the Buchdeals.de website. “Book of the day” informs users who have installed the program on their smartphone / tablet daily about current price promotions for e-books. The portfolio includes offers from various publishers. The website “buchdeals.de” sends a daily email with the current price promotions for e-books to the subscribers of the site, depending on their preferences. Buchdeals.de and the “Book of the Day” app offer publishers and self-publishers the opportunity to book special advertising placements within Buchdeals.de or the “Book of the Day” app for a certain period in order to display content there. The following general terms and conditions apply to the booking of special advertising placements and the implementation of promotions within Buchdeals.de or the “Book of the Day” app. General terms and conditions of the advertising customer that contradict or deviate from these terms and conditions do not apply, unless Buchdeals.de expressly agrees to them.

§ 1 Subject matter and conclusion of the contract
      1. Buchdeals.de will make it possible for the advertiser to place advertising content for a contractually agreed period on specifically agreed advertising space within the “buchdeals.de” or “Book of the Day” app. This includes the placement of the advertising content on the “buchdeals.de” website or in the “Book of the Day” app for iOS or Android.

      2. The advertising order comes into being when both parties sign a written order. Offers from Buchdeals.de are non-binding before the order is signed by buchdeals.de. There is no entitlement to conclude an advertising order. Buchdeals.de can refuse to conclude an advertising order without giving reasons.

      3. The advertising customer will make the advertising content available in full and in the contractually agreed format. The delivery of the advertising content must take place no later than three (2) days before the start of the contractually agreed period in which the placement is to take place. If the advertising content does not meet these requirements and Buchdeals.de is not responsible for this, Buchdeals.de retains the right to the agreed remuneration even if the advertising content could not be placed for the full agreed period due to this defect.
§ 2 Placement
      1. Buchdeals.de will provide the advertiser with the option of placing the advertising content within Buchdeals.de or the “Book of the Day” app at the point and on the day agreed by the parties.

      2. Buchdeals.de is entitled to emphasize the advertising character of the content of the advertising material. This includes, in particular, the right to mark the advertising content with the reference to advertisement and/or to separate it spatially from editorial parts.

      3. DThe advertising customer is entitled to cancel the request free of charge 10 days before the deal day. Since no deal requests were accepted for this day and the day was blocked, short-term cancellations will no longer be accepted. The advertiser is obliged to inform us about the cancellation in good time (10 days before the deal day). The advertiser sends an email to [email protected]
§ 3 Prohibited advertising content
      1. Advertising content that is aimed at making Buchdeals.de inoperable or at least making its use more difficult is prohibited and can be prosecuted under civil and criminal law. In particular, measures that can influence the physical or logical structure of Buchdeals.de are prohibited.

      Federal Republic of Deutschland 2. The contents and services of Buchdeals.de may not be used for illegal purposes. Every advertising customer undertakes to comply with the law of the Federal Republic of Deutschland.

      3. The advertiser agrees not to
          To place advertising content that is illegal, damaging, threatening, abusive, harassing, defamatory, vulgar, obscene, racist or otherwise objectionable in accordance with the relevant legal provisions or that can cause harm to minors in any way, in particular pornographic, glorifies violence or is otherwise harmful to minors are;

          To place advertising content that violates the rights of third parties, in particular patents, trademarks, copyrights or ancillary copyrights, trade secrets, personal rights or property rights;

          Placing advertising content that contains software viruses or other information, files or programs that are intended or suitable to interrupt, destroy or restrict the function of computer software or hardware or of telecommunications devices;

          To place advertising content that the advertiser is not authorized to pass on.
      4. The advertising content is generally not checked by buchdeals.de. However, Buchdeals.de has the right to reject the advertising content posted and delivered by the advertiser for an important reason due to its content, its design, its origin or its technical form, without notifying the advertiser, to deactivate it and, if necessary, to delete it. An important reason exists in particular if there are concrete indications that delivered or posted content or pages to which the advertising material is linked violate the provisions of Section 3 or that their publication is unreasonable with regard to the reputation of buchdeals.de.
§ 4 Bookdeals Affiliate Program Authors
      1. Preamble
          1. The contractual partner for the partner program on www.Buchdeals.de is Buchdeals GmbH, hereinafter referred to as Buchdeals for short. The following contractual conditions apply exclusively to all partner contracts. The contractual partners of Buchdeals are hereinafter referred to as Affiliates.

          2. Deviating terms and conditions of the affiliates will be rejected.

          3. The purpose of the partner program is to link the website www.Buchdeals.de on various platforms (website, social media channels, eBooks, etc.) of the affiliates. This is intended to draw the attention of visitors to the affiliates' websites to the offer from www.buchdeals.de. Insofar as a visitor to the affiliate's website verifiably reaches the website of www.Buchdeals.de via the link and registers there with his email within 30 days and confirms this (double opt-in), the affiliate will receive a remuneration for this.
      2. Conclusion of contract
          1. The contract is concluded after the affiliates have registered and accepted the book deals. The acceptance takes place through the activation of the affiliates for the partner program. The activation is done by activating the affiliate to an author profile at book deals.

      3. Registration
          1. Every participant has to register at www.Buchdeals.de by logging in. When registering, the participant must truthfully provide their name, postal address and email address.

      4. Compensation
          1. The affiliate program does not incur any costs for the affiliates.

          2. Buchdeals pays affiliates a remuneration within the framework of the so-called "pay per lead" for each effective registration, after the visitor clicks on the advertising material at the affiliate, on www.Buchdeals.de and which can be proven to have come about via the link on the affiliates website is. The amount of the remuneration is 0.5 € gross per registration.

      5. Payment of remuneration
          1. Payment of the remuneration to the affiliates is made automatically at the end of each month to a bank account to be specified by the affiliate. However, only from an amount of 15 €.

          2. If the customer cancels or terminates the purchase contract concluded on www.Buchdeals.de or if it is or becomes ineffective for other reasons, the affiliate will not receive any remuneration.

      6. Logging and scoring
          1. All clicks and purchases generated via the advertising material provided are statistically recorded and logged by book deals.

          2. The affiliate is solely responsible for the correct forwarding and use of the correct tracking link.

          3. The links provided by Buchdeals may not be changed by the affiliates unless Buchdeals has given their consent. Approval can be given on request via email. In the event of changes, Buchdeals is entitled to terminate the contract without notice.

      7. Contractual penalty
          1. If the partners try to manipulate the statistics and thus the amounts to be paid by book deals, a contractual penalty of EUR 1,000 plus statutory VAT will be agreed. Further claims for damages remain unaffected.

      8. Contract termination
          1. The termination of this contract can be given by either party in writing, giving seven days' notice. Sending the notice of termination by email to is sufficient to maintain the written form info(at) buchdeals.de.

          2. The right to extraordinary termination for an important reason according to § 314 BGB remains unaffected. For book deals, an important reason for extraordinary termination is the attempt at technical manipulation by the affiliates.

      9. Technical defects
          1. Book deals guarantees an availability of the service of 99% on a monthly average. Within this time, the billing via www.Buchdeals.de is guaranteed.

          2. Buchdeals is not responsible for intentional attacks by third parties (hackers, computer viruses, DoS attacks, etc.) on its servers or the Internet.

      10. Prohibited content
          1. Sending unsolicited e-mail advertising (spam), the use of misleading links and the specification of incorrect e-mail addresses, names or data are prohibited.

          2. Buchdeals does not check the content of the affiliate websites and is not responsible for them. The participant has to keep book deals free from all damage that book deals result from a breach of this obligation.

          3. Buchdeals is entitled to terminate the contract without notice if this contractual obligation is breached.

          4. Buchdeals is entitled to exclude certain websites of the partners from participating in the partner program without giving reasons.

          5. In principle, all websites without a valid legal notice, without editorial content (link collection), websites with illegal content, left and right-wing extremists and websites that glorify violence, and websites with pornographic content are excluded from the partner program.

§ 5 Ambassador program guidelines
      1. Registration / examination of the application
          1. Eligible are people aged 18 and over.

          2. The application is checked through book deals at your own discretion. An application can be rejected without a reason.
      2. Partners obligations
          1. Buchdeals provides its partner with a selection of advertising banners and texts, as well as a unique voucher for each partner. The partner can use the unique voucher to win new authors for book deals.

          2. Each partner undertakes to only advertise his voucher at suitable locations.
      3. Prohibited Advertising
          1. Search Engine Marketing and participation in adware networks are prohibited. The partner is prohibited from booking advertising space in search engines or paid advertisements, e.g. B. Google AdWords or sponsored links that are related to book deals and the company's product range. Add-ons, iFrames, layers, postview tracking, pop-ups and unders as well as direct forwarding are also not permitted.

          2. Keyword advertising and targeting are only possible after prior agreement with book deals.
          3. The partner may not carry out its own advertising in the name of book deals.
      4. Commission / voucher
          1. Every Buchdeals partner receives a 25 € voucher from Buchdeals for each successful brokerage of their voucher for personal use at book deals.

          2. One voucher can be used per booking. It is therefore not possible to use more than one voucher per booking when redeeming it.
      5. Payout
          1. The evaluation takes place monthly. The partner receives an email from Buchdeals with their new vouchers for personal use for the past month.

          2. Buchdeals reserves the right not to issue vouchers if the partner is suspected of fraud or has violated these conditions of participation.
      6. Termination / removal of advertising material
        This agreement is concluded for an indefinite period and can be terminated by the partner at any time without notice by no longer distributing his personal voucher. The right to extraordinary termination remains unaffected, especially in the event of a violation of these conditions of participation. In this case, the partner has no entitlement to payment of the commission acquired up to that point.
§ 6 Warranties and guarantees
      1. Buchdeals.de endeavors to keep Buchdeals.de and “Book of the Day” apps available, but does not assume any responsibility for possible delays, deletions, incorrect transfers or a memory failure during their operation.

      2. The advertiser guarantees that he has all the necessary rights to the advertising content he has placed and the advertising content he has placed as well as the pages to which a link in his advertising content refers,

        - do not violate any third party rights (in particular copyrights, trademarks, personal rights or other industrial property rights) and / or

        - not violate any other statutory provisions, in particular not against data protection and competition law, and

        - are not harmful to minors, state dangerous, racist, glorifying violence or pornographic in nature.

      3. Upon first request, the advertising customer releases Buchdeals.de from all claims that third parties assert against Buchdeals.de due to the violation of their rights based on the advertising content that has been placed by the advertising customer. This applies in particular to the breach of the guarantee from § 4, item 2. The advertising customer assumes the costs that are necessary for the legal defense of buchdeals.de, including all court and lawyer fees in the statutory amount. Furthermore, in this case the advertising customer Buchdeals.de must immediately, completely and truthfully provide all information that is available to him for an examination of the claims and a defense. Any further claims for damages by Buchdeals.de against the advertising customer remain unaffected.

§ 7 License to Advertising Content
      1. The advertising customer grants Buchdeals.de a simple right of use limited in time, place and content to the scope of the advertising content and the associated commercial property rights, copyrights, ancillary copyrights and know-how "IP rights" to the extent necessary to fulfill this contract . This includes in particular the right to disseminate, reproduce and make publicly available the advertising content and related IP rights. The advertising customer grants Buchdeals.de the right to edit the advertising content and the associated IP rights so that they can be used in Buchdeals.de and the “Book of the Day” app. In terms of time, this applies before and after the execution of the advertising order and remains in effect if this agreement is terminated.

      2. Buchdeals.de may sublicense the advertising content and IP rights to companies in which Buchdeals.de is directly or indirectly involved or with which Buchdeals.de within the meaning of §§ 15ff. AktG.

§ 8 Liability of buchdeals.de
      1. Buchdeals.de does not guarantee the constant functionality and availability of the Buchdeals.de website or the “Book of the Day” app as a whole or for individual services provided with the app. Buchdeals.de reserves the right to temporarily interrupt access to the content of the Buchdeals.de website or the “Book of the Day” app or to carry out maintenance work.

      2. Buchdeals.de is only liable for willful or grossly negligent behavior.

      3. For simple negligence, Buchdeals.de is only liable, except in the case of injury to life, body or health or the violation of the Product Liability Act, if essential contractual obligations are violated. Essential contractual obligations are to be understood as those obligations that the contract has to grant the advertising customer according to its purpose or the fulfillment of which enables the proper execution of the contract in the first place and which the advertising customer can regularly rely on.

      4. As far as the liability of Buchdeals.de is excluded or limited, this also applies to the personal liability of its legal representatives and vicarious agents. The limitations of liability also apply to all types of claims, including those arising from tort law.

§ 9 Data protection
      1. Buchdeals.de attaches particular importance to the protection of personal data. The advertiser is free to decide what information he makes available to buchdeals.de. The advertising customer has the right to information and the right to correct, block and delete his or her stored data. As far as Buchdeals.de should be legally obliged to store the data, the data will not be deleted, but will be blocked.

      2. Buchdeals.de collects, stores and uses the data of the advertising customer, in particular for contract execution and processing, e.g. B. for billing a service or contact within the framework of the contractual relationship. The data will only be passed on to third parties if this is legally stipulated or permitted, in particular in the case of inquiries from investigative authorities.

      3. Advertisers can find detailed information about the type and scope of data storage of personal data under the heading Datenschutz.

§ 10 Running time
      1. The contract comes into effect when signed by both parties and is valid for the period specified in the contract. If no term has been determined, either party can terminate the contract in writing within five (5) weeks without giving reasons.

      2. The right to terminate for good cause remains unaffected. An important reason exists in particular if the advertising customer repeatedly violates an essential obligation from this contract.

§ 11 Final provisions
      1. Changes and additions to the advertising order must be made in writing to be effective. This also applies to changes to this written form requirement.

      2. Should individual provisions of these terms and conditions be or become ineffective in whole or in part, the rest of the contract remains effective. The same applies if these terms and conditions contain a loophole. In place of the completely or partially ineffective or missing regulation, a regulation shall come into force that the parties would have agreed upon had they reasonably assessed the total or partial ineffectiveness or the lack of the regulation if they had known of this fact.

      3. German law applies. The CISG (UN sales law) is excluded. The exclusive place of jurisdiction is Frankfurt-am-Main.

      4. These terms and conditions are subject to change. The respective terms and conditions therefore only apply to the respective advertising order in the version valid at the time the advertising order was concluded.