Conditions of Use of QualiGO:
Terms and Conditions of Use
The following Terms and Conditions of Use describe the relationship between KV GmbH (hereafter referred to as QualiGO) as an advertising platform and their clients as Publisher* or Advertiser*. Publishers are providing ad spaces, and Advertiser are providing ad contingents. QualiGO is providing ad formats (AdTags*). For providing ad space, Publishers are receiving payments with different remuneration structures. QualiGO acts as a platform between advertisers and publishers, offering the appropriate software for acquiring advertising contingents for advertisers and for integrating AdTags into publisher-provided advertising space. Ads from advertisers will not be modified or influenced in any way and only implemented by publishers in allowed ad types. QualiGO is also taking control of the optimum integration on publisher ad spaces and making sure to prevent any attempted technical frauds either by advertisers or publishers. Apart from that QualiGO is receiving all advertiser transfers as well as all publisher payments. The difference between the publishers' remuneration and advertiser transfers will stay with QualiGO. Also advertisers and publishers will be provided with extensive statistics. The provided software from QualiGO is completely free of charge.Definitions
*Advertising platform
Combination of both, buying and selling ad spaces.*Publisher
Publisher are website operators and/ or owners, who are providing QualiGO with different kind of ad spaces for advertising reasons, by implementing different ad formats (AdTags) in their website.*Advertiser
Advertisers are able to bye ad spaces in several provided advertising formats on definable publisher websites.*Ad spaces
Designated for displaying ads on fixed or general positions in websites, provided by Publishers.*Ad contingent
Freely definable or predefined amount of ad distribution or ad clicks of or via website visitors.*Ad
Ad content created by advertisers, which will be displayed on the publisher ad spaces via QualiGO AdTags.*Ad format / AdTags
QualiGO is offering publishers or advertisers different options of advertising. So called AdTags will be provided, to be integrated by publishers in their website. Those are actually JavaScript-Codes.Area of application
§1.1 The software of QualiGO is giving participating publishers the opportunity to provide ad spaces by integrating AdTags, which can be bought by advertisers in different ad formats for advertising purposes.§1.2 By signing up as this Terms and Conditions of Use are accepted.
In general
§2.1 Only fully capable (to contract) individual or / and legal persons, and / or persons after the age of 18 are entitled to participate.§2.2 Only one QualiGO account is allowed per individual or / and legal person.
§2.3 The german law is valid. Place of jurisdiction for merchants is Osnabrück, Germany. Jurisdiction for all disputes arising from and in connection with the contractual relationship between QualiGO and the customer is Osnabrück, as far as the customer is a merchant. The same place of jurisdiction applies if the customer does not have a general place of jurisdiction in Germany, moves his domicile or habitual residence from the country or if his domicile or habitual residence is not known at the time the action is brought. In addition, QualiGO can assert claims in the courts of the general place of jurisdiction of the customer.
Duties and obligations of all customers
§3 Every customer agrees,- to provide all necessary cooperation services, so that QualiGO can perform the contractual service, in particular grant all information necessary for the performance of the contract;
- to communicate any change of name or company, legal status, place of residence or business, billing address, telephone number or any other information relevant to the contractual relationship;;
- to communicate any changes of the content of their website that could affect QualiGO's decision to include and further contractual co-operation;
- to respect the legal, official and technical regulations as well as the regulations of use and conditions of use;
- to examine all services provided by QualiGO immediately and to report defects with a detailed description. If QualiGO searches for errors on the customer's requirements and if it turns out that there are no errors or errors outside the area of responsibility of QualiGO, QualiGO can charge the customer for the effort.
§3.1 If the customer does not comply with his obligation to cooperate, QualiGO is exempted from the obligation to provide services. If QualiGO does nevertheless, it will charge the expenses in accordance with the valid price list.
Publisher program
§4.1 QualiGO is providing a platform for Publishers to generate ad formats through AdTags for the integration in website ad spaces. For the display of and / or clicks on advertiser’s ads, the publisher receives defined remuneration from QualiGO. The remuneration is based on the click price determined by the advertiser and the internally determined quality score of the publisher website(s).§4.2 QualiGO is providing extensive statistics about current and past earnings, which can be viewed within the member area. The member area can be accessed after the login process by entering your email adress and password.
§4.3 Terms of contract / rules for Publishers:
§4.3.1 QualiGO is allowed to exclude inappropriate or forbidden websites from the publisher program without giving any reasons. If one of the following publisher rules is violated, QualiGO can deactivate websites / accounts. In this case all claims of remuneration will be canceled.
§4.3.2 Provided publisher AdTags can be placed anywhere on the website, as long as all ads are immediately visible.
§4.3.3 It is not allowed to use Publisher-AdTags from different accounts at the same time, either in rotation or on sub pages (within the whole website including all connected extra services, e.g. forums etc.).
§4.3.4 QualiGO ensures that the technical delivery of the desired advertising forms takes place in accordance with their specified characteristics-
§4.3.5 Following services and websites are excluded from the publisher program:
- Websites that are offering youth endangering content and/or downloads of licensed- and copyrighted media material in vision, text or sound or refer to those downloads: Torrent- and Webwarez pages, download search engines, crack pages, serial pages, image- and filehosting, streamhosting, german-speaking websites without an existing Impressum/Legal notice, derefferer, link encryption, file services,
- Paid4-, junk- and so called "forwarding"-sites, paidmailer, in currency convertible credit- and coin collecting systems, services where website users have to promote the website to get special content, Mail exchange systems, Layer exchange systems, Banner exchange systems, Paidcounter, Paid4 provider lists and sites without content,
- Websites with stream of visitors from websites mentioned above as well as forced traffic.
§4.3.7 In inexplicable cases and unauthorised generated ad displays, QualiGO reserves the right to cancel earnings.
§4.3.8 Your own clicks on integrated ads are allowed only for test purposes, but otherwise prohibited. A call for clicks is prohibited as well! In total, a maximum of three clicks (or impressions equivalent to clicks) per IP address are paid for per day. In order for the clicks to be valid, the http referer has to be clearly identifiable. Search engine links do not count as referrer links and therefore are not valid.
§4.3.9 In case of serious violations against the terms of contract that either financially harm QualiGO or participating advertisers, the publisher is liable for compensation, liability or other claims towards QualiGO or / and the advertiser. QualiGO also reserves the right to take legal actions against the participant.
Advertiser program
§5.1 QualiGO provides the Advertiser with a platform for buying publisher ad spaces with different ad formats. For the display and / or clicks on publisher ad spaces the advertiser has to pay a previously fixed price in advance.§5.2 QualiGO provides extensive statistics about current and past ad campaigns, which can be viewed within the member area. The member are can be accessed after the login process by entering your email adress and password.
§5.3 QualiGO reserves the right to reject unlawful, offensive or inappropriate campaigns or individual ads. For example, it is forbidden to use QualiGO to promote articles or content, whose offer, sale or purchase violates legal regulations or morality. In particular, the following articles or content may neither be described nor offered:
- articles or content, whose advertising, offer or distribution violates copyright and ancillary copyright, industrial property rights (such as trademarks, patents, utility models and designs) as well as other rights (such as the right to own image, name and personal rights),
- propaganda articles and offers or content bearing the marks of unconstitutional organizations,
- pornographic and youth-threatening offers or contents, as long as these were not identified as such in the registration process,
- weapons within the meaning of the Weapons Law, in particular firearms, blunt and stabbing weapons of any kind and ammunition of any kind,
- radioactive substances, toxic and explosive substances and other hazardous chemicals
- protected living animals, products and preparations of protected species and protected plants and their preparations,
- human organs,
- drugs within the meaning of the Narcotics Act, medicinal products within the meaning of the Medicines Act and medical devices within the meaning of the Medical Devices Act, if said medical devices do not carry a CE mark and / or are offered by a vendor who is domiciled or resident outside the European Union.
§5.4 Following tools are not allowed to be integrated within your campaigns / ads: Dialer and other malware, PostView banner, automatically starting downloads, automatically redirecting hyperlinks or framebreakers, hyperlinks to unlawful content as well as other kind of programs or scripts, which could manipulate the ad distribution or ad display.
§5.5 Campaigns / ads which show the above mentioned characteristics will be deactivated without any refunding of the previously paid budget. For potentially caused damage the advertiser will be liable for compensation, liability or other claims towards QualiGO or / and participating publishers.
§5.6 The Advertiser is releasing QualiGO and participating publishers from all kind of claimed compensation requests, liability assumptions or other claims towards QualiGO or / and the participating publishers, which are caused by the Advertiser by using ads / campaigns which are violating the law of competition, industrial property third party rights or other laws and regulations.
Invoice and remuneration
§6.1 Invoicing takes place as a result of the booking by the Advertiser. The amounts invoiced by QualiGO become due and payable upon receipt of the invoice. All amounts are net amounts plus statutory VAT.§6.2 If the advertiser asserts that charged fees have not been caused by him or by third parties for whom he is responsible for under the statutory provisions, he must prove this. Any objections by the sdvertiser to the invoice of QualiGO must be made in writing to QualiGO within 2 weeks after receipt of the invoice. If the advertiser refrains from timely objection, this shall be deemed as approval of the invoice amount.
§6.3 For every valid ad activity (depending on ad format) the Publisher account will be accredited with a previously defined amount.
§6.4 Own clicks / generated sales on non CPM based ads are not allowed. They will be tolerated with CPM based ads only for testing purposes.
§6.5 The fees listed on the QualiGO website describe the current standard remunerations. Individual and global remuneration changes are possible at any time. Publishers always have access to current remunerations and definitions of valid advertising activities.
§6.6 Open credit balance amounts will be confirmed by QualiGO on a regular basis. Publisher can request their confirmed payment after a minimum amount of 50,00 EUR (confirmed), which will be paid after a maximum of 35 business days (Monday - Friday) via favoured payment method (bank transfer or PayPal). QualiGO provides an overview of all payments.
§6.7 Publishers are entitled to a remuneration according to the remunerations and ad activity definitions stated within the member area.
Accessibility of the platform
§7.1 QualiGO is committed to exploiting all the opportunities for the continuous provision of the platform. In the event of a system failure due to unforeseeable events, third-party liabilities or maintenance-related interruptions, there are no claims for compensation against QualiGO.§7.2 QualiGO provides every participant a specific customer support for technical problems as well as account problems. The support will be provided on regular business days (Monday – Friday, 9am – 5pm) via different established offline and online communication tools.
Duration / Termination
§8.1 Present terms of contract are valid after registration as a publisher/ advertiser.§8.2 The contractual relationship can be canceled on both sides at any time, either orally or in written form. The termination will become valid at 12am on the following day.
§8.3 After the termination the publisher is obligated to remove all AdTags from his websites.
§8.4 After the effectiveness of the termination there is no entitlement to subsequently generated compensation to QualiGO.