Find out about our general terms and conditions.
§ 1 General
- Stylink Social Media GmbH (hereinafter referred to as "stylink") offers an online platform under the domain pop-up.stylink.com (hereinafter referred to as "pop-up campaign"), which enables companies to promote products and services via users of various social media channels through campaigns.
- These GTC regulate the use of the services under the domain pop-up.stylink.com, the use of the mobile applications of the pop-up campaign, as well as the use of other services provided by the pop-up campaign.
- This GTC shall become an integral part of the contractual agreements between stylink and the companies.
- Consent to these GTC shall be given by the companies or agencies when registering on pop-up.stylink.com.
§ 2 Registration, the conclusion of the contract
To use the services and the platform of stylink, registration on the website under the domain pop-up.stylink.com shall be required. The registration shall be made via the e-mail address, a password created by the customer, the name of the company or agency, the name of the relevant contact person as well as the address of the company or agency.
The fee to be paid by the company or agency depends on the effort and the scope of the desired campaign. There is no obligation to use pop-up campaign. Furthermore, each company or agency is free to decide at any time if, when, and to what extent it wants to create a campaign or if it wants to stop its activity – provided that no campaign is bindingly planned, active or due for payment.
The company or agency must have a bank account in Germany, Austria, or Switzerland to fully use the service and the platform.
After registration, stylink decides in a selection process whether the company profile and/ or the visible content are compatible with the users of stylink and its cooperation partners and whether the company may use the platform for itself. We exclude companies that advertise gambling, tobacco products, or alcohol. Furthermore, we exclude companies that publish, use, or link to political, immoral, pornographic, morally reprehensible, offensive, violent, glorifying violence, sexist, right-wing or left-wing extremist or illegal content on a third-party website or advertise, offer or sell corresponding products.
Companies or agencies are not entitled to guaranteed participation in the offer of the stylink platform. stylink reserves the right to exclude companies or agencies from using the platform.
§ 3 Service description
Companies or agencies have the option to create campaign events via pop-up.stylink.com. Companies or agencies can select a campaign period and determine a total budget for the campaign. The cost of the campaign is calculated per click. The total budget is then converted into real website clicks (explained below). The platform enables the company or agency to provide additional information on the campaign and image material for stylink and users of the stylink social media platform (hereinafter "Influencers") as part of the campaign. A pre-selection of Influencers made by stylink shall be allowed to make a binding booking for the Campaign and to create content for the campaign. A genuine click is expressly any click not marked as click fraud, multiple clicks, clicks originating from abroad, clicks as a result of so-called click-baits, clicks as a result of incentives that do not correspond to a recommendation, as well as clicks that are not based on an intention to purchase or inform. A booking of a campaign is binding. When booking, a lead time of one week before the start of the campaign must be observed.
After completion of a pop-up campaign, stylink provides companies and agencies with an unrequested evaluation of the most important key figures. These consist of the total gross clicks, the total net clicks actually achieved and the total reach of the participating influencers.Ffigures on conversions are not measured by stylink, as the billing procedure is cost-per-click or pay-per-click. stylink reserves the right to treat the determination of the evaluations and key figures of a completed pop-up campaign internally and to inform the contracting party at its own discretion.
§ 4 Transfer of rights of use
Within the framework of the use of pop-up campaign, companies or agencies transfer a non-exclusive, remuneration-free, comprehensive right of use, limited in time to the duration of the contractual relationship, to the photos, texts, illustrations, images, videos and other content made accessible in the campaign profiles, in particular for reproduction, editing and making them publicly accessible on pop-up campaign. It is prohibited to solicit influencers participating in the campaign for one's own corporate purposes. In the event of violations of this, stylink reserves the right to claim liquidated damages of 250,000 euros.
The non-exclusive right of use shall also include corporate identifiers, registered trademarks, work titles, other similarly identifying brandings or works which a company or an agency transmits to stylink. The usage shall always be limited to the purpose of the contract.
§ 5 Rights and duties
- Companies or agencies assure that they provide truthful and complete information when registering. Should this not be the case, stylink reserves the right to exclude companies or agencies from the website.
- Companies or agencies are not entitled to pass on their access data and passwords to third parties. If third parties gain access to the pop-up campaign account of a company or agency or if misuse is suspected, the company or agency is required to contact stylink immediately to change the data.
- Companies or agencies are obliged to refrain from anything that jeopardises or disturbs the operation and functioning of pop-up campaign and prosperous cooperation.
Companies or agencies are prohibited from:
- Infringing the rights of third parties, in particular copyrights, personal rights, trademark rights, company rights, etc,
- using, posting or linking to any offensive or defamatory material on any third-party website, whether such material relates to other participants or any other person or company
- using political, immoral, pornographic, morally reprehensible, offensive, violent content or content that violates laws, in particular youth protection laws and the Interstate Treaty on the Protection of Minors in the Media, for the campaign.
stylink reserves the right to delete created campaigns of companies or agencies in whole or in part if there are indications that these companies or agencies violate these GTC or legal requirements, the guidelines of the social media providers or the guidelines of the partners of stylink.
If there are indications of violations of § 5 of this GTC, stylink shall be entitled to delete the pop-up campaign account of the company or agency and to exclude it from any further use of the pop-up campaign platform.
§ 6 Terms of payment
(1) The amount of the remuneration to be paid by the customer to stylink shall result from the individual contract concluded between the parties. Unless otherwise agreed in the individual contract, the amounts shall be net.
(2) Payment shall be due within 14 days following a completed campaign. A campaign is deemed to be completed when the Influencers have published the campaign content and the pre-determined campaign period has elapsed. If the pre-determined click target is not reached, companies and agencies are obliged to pay only those clicks that stylink has actually delivered.
(3) The company or agency may choose between the following methods of payment for the pop-up campaign by stylink: instant bank transfer, SEPA direct debit, credit card or giropay.
(4) Payment processing is carried out via the payment service provider Stripe Payments Europe, Ltd. (hereinafter: "Stripe").
§ 7 Warranty
There is no entitlement to error-free and uninterrupted usability. Pop-up campaign by stylink will, within the scope of technical possibilities, provide a warranty.
The statutory provisions shall apply to rights in the event of material defects and defects of title unless otherwise stipulated in these GTC.
pop-up campaign by stylink shall not assume any warranty for the correct data collection with a created campaign event.
§ 8 Liability
stylink shall be liable for intent and gross negligence. The liability of stylink shall, in any case, be limited to damages caused by stylink, its legal representatives or vicarious agents intentionally or through gross negligence or based on the breach of an essential primary obligation for the contractual relationship. The liability for damages shall be limited to the foreseeable, typically occurring damage. Liability for culpable injury to life, limb or health shall remain unaffected. This shall also apply to the compulsory liability according to the Product Liability Act.
In particular, stylink shall not assume any responsibility and liability for any damage caused by external influence on the system or during the process of data transmission.
stylink shall provide any information, advice and recommendations to the best of its knowledge. There shall be no contractual primary or secondary obligation to provide information, advice or recommendations. Information, advice and recommendations may be an illustration or text, regardless of whether such information, advice or recommendations are publicly available (e.g. on the websites under the domain com or pop-up.stylink.com) or have been given to the user personally. stylink shall therefore not be obliged to compensate for any damage arising from compliance with the information, advice or recommendation unless the liability arises from a tortious act or any other statutory provision.
In the event of an infringement of the rights of third parties for which they are responsible, companies or agencies shall be directly liable to such third parties. Companies or agencies undertake to compensate stylink for all damages incurred due to culpable non-observance of the obligations arising from these GTC.
Companies or agencies shall indemnify stylink against all claims asserted by other companies, influencers or other third parties against stylink due to the infringement of their rights by content posted by stylink influencers, companies or agencies or due to the infringement of other obligations. In this case, the companies or agencies shall also assume the costs of the necessary legal defence of stylink including all court costs and lawyers' fees. This shall not apply if the infringement is not the responsibility of a stylink company, influencer or agency.
In all other respects, any liability for damages on the part of stylink, irrespective of the legal grounds, shall be excluded.
§ 9 Notes on data processing
stylink collects and stores personal data of the company or agency of the relevant contact person in connection with the processing of the contract.
Any data provided in connection with the registration as a company or agency with pop-up campaign can be managed, changed or deleted by the relevant contact person in their account. The company or agency can delete its pop-up campaign user account at any time without giving reasons in its account.
The personal data collected will only be stored for as long as is necessary for the fulfilment of the contract, unless legal retention periods require storage beyond this.
In all other respects, reference is made to the DSGVO-compliant data protection information regarding data collection, processing and use, which can be accessed at any time at pop-up.stylink.com.
§ 10 Final provisions
German law shall apply to contracts between pop-up campaign by stylink and the Company or the Agency. The place of jurisdiction for all disputes arising from the contractual relationship between stylink and the Company shall be Münster.
The rights and obligations arising from this contractual relationship shall only be transferable with the consent of the other party to the contract.
Claims arising from this contractual relationship may only be assigned with our written consent.
pop-up campaign by stylink reserves the right to amend and adapt the GTC at any time. Changes will be made known to the companies or agencies without delay. Companies have the opportunity to object to the changes in writing or electronically (email) within two weeks of notification of the changes. The subsequent further use of pop-up campaign shall be deemed as consent to the amended GTC.
Should individual provisions of these GTC be or become invalid in whole or in part or should there be a gap in this GTC, the validity of the remaining provisions shall not be affected thereby. In place of an invalid provision, the valid provision that comes closest to the purpose of the invalid provision shall be deemed agreed. In the event of a loophole, that provision shall be deemed agreed which corresponds to what would have been agreed in accordance with the economic purpose of these GTC if the parties had considered this circumstance from the outset.
Verbal collateral agreements do not exist. Amendments or supplements to this GTC - including this written form clause - must be made in writing.
Copyright: Stylink Social Media GmbH, all rights reserved. Status: September 2021