Signed in as:
filler@godaddy.com
Signed in as:
filler@godaddy.com
General Provisions
These Terms and Conditions apply to the cooperation with RegenBogen and also regulate the contractual relationship related to the marketing of online advertising placements between advertising space operators (subsequently referred to as “Affiliates”) and advertising customers (subsequently referred to as “Advertisers”).
RegenBogen allows the Advertisers to access its network of Affiliates who have the goal of marketing the products and services of the Advertisers and acquire new clients for the Advertiser.
The Advertiser provides ad media in the form of text links, banners or email templates for Affiliates to use. The Affiliates may use and display such ad media on, for instance, websites, or on e-mails or any other online advertising to market the Advertiser`s products or services.
Ad media is made available on RegenBogen Platform and an affiliate program (subsequently referred to as “Program”) which is set up on the Platform to allow Affiliates to run advertising campaigns on behalf of the Advertisers.
If the Affiliates’ advertisement is successful, and the Advertiser acquires a new customer or sell one product, the Advertiser shall remunerate RegenBogen and RegenBogen will pay the Affiliates the agreed remuneration (as specified on the RegenBogen Platform). The type and amount of the remuneration and the performance goals are negotiated between RegenBogen and the Advertiser and will be defined per campaign in a contract signed by the Advertiser and RegenBogen (subsequently referred to as “Advertiser Insertion Order”). The Insertion Order can be replaced by an email confirmation that states all the information normally agreed upon in an Insertion Order.
Additionally, RegenBogen offers its Affiliates the opportunity to integrate the affiliate Programs to their website using the provided white label comparison tools (RegenBogen tools). Affiliates might use these tools to lead new customers to the Advertiser`s website and are rewarded as defined on the Advertiser Insertion Order signed by the Advertiser and RegenBogen.
Obligations of the Advertiser
2.1. The Advertiser is a supplier of online products and services advertising their offering by means of advertising materials, which are to be made available through the RegenBogen Platform to Affiliates.
2.2. The Advertiser grants RegenBogen and the respective Affiliates a simple, non-exclusive, nontransferable, usage right in the provided advertising material, which is limited in time and purpose to the terms of the Advertiser Insertion Order.
2.3. The above-mentioned granting of rights also includes the right to store, duplicate, publish, digitalize as well as process the advertising material, if that is necessary to execute the Advertiser Insertion Order.
2.4. The Advertiser guarantees that all ad media and websites that promote their products and the content of those websites are in accordance with the law.
2.5 The Advertiser is obliged to take all necessary measures for RegenBogen tracking (i.e. tracking information) of the transactions being possible and operational. Should the Advertiser utilizes his own additional tracking, the RegenBogen tracking information shall always prevail.
2.6. The Advertiser is obliged to notify RegenBogen and the Affiliates accepted on the Program of any change to the Program’s conditions with at least 14 days’ notice previous to the planned change, in writing via a newsletter or a mass e-mailing. The Publisher is solely responsible for ensuring it is aware of any changes to the Program’s conditions. This 14 days notice can be reduced to a 2 days notice by request of the Advertiser in writing but only after approval by RegenBogen.
2.7. The Advertiser must approve transactions in a timely manner as specified in 6.3.
Obligations of Affiliates
3.1. Affiliates are legal entities with full legal capacity providing a space on their websites for the marketing of all kinds of goods and services. Beside websites, Affiliates can use also newsletters and adverts within the scope of sea > אפי ר: 3.2. Each Affiliate is aware of the applicable law especially in regard to online marketing. The Affiliate ensures that all commercial and regulatory requirements for online marketing activities are fulfilled and proven on request, especially in the relation to the specific markets where the Affiliate operates.
3.3. Affiliates must apply to an Advertiser Program before they are allowed to advertise the Advertiser’s products and services. Advertisers have the right to reject the Affiliates’ application. An explanation of the reason for the rejection will be appreciated.
3.4 Affiliates must comply with all regulations that are applicable to the market(s) where they operate or are based and or are promoting the Advertiser ́s products. Affiliates are fully responsible to comply with the General Data Protection Regulation (GDPR) (Regulation (EU) 2016/679) and any subsequent iterations and its implications.
Affiliate: RegenBogen Tools
4.1. RegenBogen can integrate the Advertiser’s products into a proprietary white label comparison tools, which are used by Affiliates to promote Advertisers’ products and services. In this case, there is no need for the Affiliates to apply to the Advertiser’s affiliate Program through the RegenBogen Platform.
4.2. For the duration of the Advertiser Insertion Order, the Advertiser grants the right to RegenBogen and its Affiliates to use the Advertiser’s name, logo and brand both through and on the RegenBogen Platform and on the white label comparison tools with the goal to set up a successful campaign according to the campaign agreements stated in the Insertion Order document.
Implementation of an Affiliate Program
5.1. The Advertiser provides all relevant information and advertising materials for the correct functioning of its affiliate Program via the RegenBogen Platform.
5.2. RegenBogen reserves the right to not activate the Program in case the Advertiser does not provide the ad media in the required and customary manner.
5.3. Affiliates have the opportunity to apply to the Advertiser`s affiliate Program. RegenBogen will accept Affiliates on behalf of the Advertiser unless the Advertiser explicitly indicates that they want to retain this right.
5.4. A contract between Advertisers and Affiliates is considered as concluded once the Affiliate is accepted by either the Advertiser, or, when authorized by the Advertiser, by RegenBogen. RegenBogen is not liable for the legitimacy of the Affiliate websites.
5.5. The Advertiser can specify its own additional specific terms and conditions making them visible on the RegenBogen Platform, providing that these specific conditions are not in conflict with RegenBogen's own Terms and Conditions.
5.6. The Advertiser provides advertising material in a suitable format when establishing the Program. The hosting of the advertising material should be carried out by the Advertiser or, when authorized by the Advertiser, by RegenBogen. > אפי ר: 6. Compensation and Payments
6.1.
RegenBogen records and counts all Affiliate transactions (views, clicks, leads & sales) and makes the data available to the Advertiser in a suitable manner. The remuneration of the Affiliates is specified according to the conditions detailed on the Advertiser Insertion Order between the Advertiser and RegenBogen before the start of the Program. A later amendment of these conditions to the disadvantage of the Affiliate is only possible within the time period defined in 2.6.
6.2.
All successful leads and sales need to be checked by the Advertiser within 15 days from the day the transactions were recorded. If the Advertiser finds no objections against the recorded successes, all transactions should be accepted.
6.3.
In case the Advertiser neither approves nor rejects the transactions within 15 days following the date upon which the respective transactions have been tracked, RegenBogen reserves the right to automatically approve the transaction (“Autoconfirmation”). The Parties may agree upon a different time period and specify that in the Advertiser Insertion Order.
6.4.
Once transactions have been accepted by the Advertiser, RegenBogen will immediately make the respective commission available to Affiliates.
6.5.
Once transactions have been accepted, this process is irrevocable, and no claw-backs of commission paid out are allowed under any circumstances.
7. Warranty
7.1.
RegenBogen makes its services, systems, technologies and solutions available to the best of its knowledge and technical capabilities. Guarantee is neither given around the accuracy, completeness or quality of the provided information nor for the error-free and continuous availability of the services, systems, technologies or solutions.
7.2.
RegenBogen shall only be liable for damages if and when RegenBogen, its authorized representatives or senior executives are guilty of premeditation or gross negligence, except for cases of violation of essential contractual obligations. In the case of other vicarious agents, RegenBogen shall only be liable if there was premeditation and they violated essential, contractual obligations intentionally or with gross negligence. Apart from cases of premeditation or gross negligence on the part of authorized representatives, senior executives or premeditated conduct of other vicarious agents of RegenBogen, no liability shall exist for compensation for indirect damage, in particular for any possible unrealized profit. Except for cases of premeditation and gross negligence on the part of RegenBogen, its authorized representatives and senior executives, liability shall be limited to the damage typically foreseeable at the time of contract conclusion.
8. Account, Contract Term & Termination
8.1.
The duration of the Advertiser Insertion Order between RegenBogen and the Advertiser is unlimited unless stated otherwise on the Advertiser Insertion Order.
8.2.
The Advertiser Insertion Order can be terminated by RegenBogen or by the Advertiser with a notice period of not less than 3 months giving notice via email, unless stated otherwise on the Advertiser Insertion Order.
8.3.
When the Advertiser Insertion Order is terminated, any outstanding invoice and debit must all be paid out immediately by the Advertisers to RegenBogen.
8.4.
RegenBogen is entitled to terminate either the Advertiser Insertion Order or the relationship with the Affiliates with immediate effect if there are concrete indications that any of these Parties have violated these General Terms and Conditions.
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