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- Subject matter of the contract & scope of application
- Welt der Wunder Sendebetrieb GmbH, Hofmannstraße 51 B, 81379 Munich offers the advertising and marketing services described below in its own name and for its own account.
Welt der Wunder uses third parties at its own discretion to fulfill the contractual services. - These General Terms and Conditions for Advertising and Marketing Services of Welt der Wunder Sendebetrieb GmbH (hereinafter referred to as “these Terms and Conditions”) apply to all contractual relationships for the provision of the services described herein.
- General terms and conditions of the contractual partner of Welt der Wunder Sendebetrieb GmbH (hereinafter referred to as the “Customer”) shall not apply and their inclusion is expressly rejected in advance.
- The customer’s advertising material must comply with the applicable legal requirements.
- Subsequent agreements to amend these terms and conditions must be made in writing. Individual agreements with the customer shall take precedence over these terms and conditions.
- Welt der Wunder is entitled to amend these terms and conditions at any time with effect for future contractual relationships. The contract submitted upon conclusion and published at
www.weltderwunder.de
is always included. - Welt der Wunder is also entitled to amend these terms and conditions unilaterally by notification in text form due to changes in the law, broadcasting and media regulatory measures or due to changes in technical standards which Welt der Wunder is legally obliged to implement, taking into account the interests of the customer. The change shall take effect 6 weeks after receipt of the notification, unless the customer objects to the change.
- Welt der Wunder is also entitled to amend the terms and conditions unilaterally by notifying the customer of the amendment(s) to these terms and conditions and sending an amended version of these terms and conditions in text form. The amendment shall take effect 6 weeks after receipt of the notification with the amended provisions, unless the customer objects to the amendment. Welt der Wunder will inform the customer in the notification that the continued use of services without objection to the changes beyond 6 weeks after receipt of the notification means acceptance of the changes. If the customer objects to the changes, both are entitled to terminate the existing contracts with a notice period of 6 weeks.
- The statutory guidelines apply to product placement unless individual agreements have been concluded.
- In addition, the other statutory advertising guidelines apply.
- Welt der Wunder Sendebetrieb GmbH, Hofmannstraße 51 B, 81379 Munich offers the advertising and marketing services described below in its own name and for its own account.
- Conclusion of contract
- Offers made by Welt der Wunder, whether in writing, verbally or in text form, are non-binding unless otherwise agreed or stated and merely represent an invitation to the customer to submit an offer.
- In the case of an offer from the customer, a contract is concluded by an order confirmation from Welt der Wunder in text form; alternatively, an offer can also be accepted by implementing the order. If a booking is made via an electronic booking system, Welt der Wunder will either send an electronic booking confirmation or accept the booking by means of a corresponding change of status in the booking system that can be viewed by the customer.
- If agencies place advertising orders for third parties, Welt der Wunder is entitled to refuse to carry them out until the agency names the client. Welt der Wunder is entitled to demand proof of commissioning from agencies and to withhold its own services until such proof has been provided. Welt der Wunder reserves the right to contact the agency’s client directly and to present the booking confirmation to the client.
- If agencies are not expressly acting as representatives of the client with corresponding proof of authorization, the agency shall be invoiced as the debtor. In the event of settlement with the agency, the agency shall assign any payment claims arising from the respective booking to the agency upon conclusion of the contract.
to its client to secure Welt der Wunder TV’s remuneration claims and Welt der Wunder accepts this assignment.
Insofar as the assigned claims exceed 150% of the remuneration claims to be secured, the agency is entitled to demand that Welt der Wunder releases the security rights up to the aforementioned threshold. In the event of a majority of assigned claims, Welt der Wunder may decide at its own discretion which assigned claims are to be released. - A transfer of advertising services by the customer to a third party is only permitted with the express prior written consent of Welt der Wunder.
The same applies to cases in which goods, services or other items are advertised by several companies in one advertising medium (“joint advertising”). In this case, all advertisers must be named by the customer. Welt der Wunder is entitled to levy a network surcharge of 20% (twenty percent) for two advertisers and 30% (thirty percent) for three or more advertisers. For the avoidance of doubt, the parties state that the compound surcharge is levied on the entire remuneration agreed for the use of the advertising material. The party liable for payment of the entire remuneration is the party with whom the contract for the provision of the joint advertising is concluded. - Welt der Wunder grants a deduction of 50% (50 percent) for the broadcast of an OTC mandatory notice within the meaning of $4 (3) HWG (Heilmittelwerbegesetz) for advertising for pharmaceutical products. This only applies to cases in which the mandatory notice complies with the standard recommended by the BAH (Federal Association of Pharmaceutical Manufacturers) or the OWM (Organization of Advertisers in the German Brands Association) (grey background, white text, length 4 seconds).
- Special provisions for television advertising
- Types of television advertising
- “Commercial” is a film lasting at least 5 seconds in which a product or service is advertised during an advertising period in a television program.
- “Product placement” is the mention or presentation of goods, services, names, brands, activities (all hereinafter referred to as “product” or “products”) of a manufacturer or provider of products in production with the aim of promoting sales.
- “Special form of advertising” is any form of advertising that is not a commercial or product placement.
- Supply of material for commercials and special advertising formats
- The customer must provide the material required for the broadcast, including motif plans and broadcast copies) in a technically flawless form, in accordance with the technical requirements of Welt der Wunder, no later than 7 working days (Monday to Friday excluding Saturday, Sunday and public holidays in Bavaria) before the planned date of use during the business hours of Welt der Wunder (between 09:00 and 18:00).
- If the material required for the broadcast has obvious defects or damage, Welt der Wunder will inform the customer of this and the customer must immediately deliver undamaged and defect-free material. Welt der Wunder is not obliged to check and reject the material required for the broadcast. No rights can be derived from a failure to check and / or rejection.
- Commercials in SD format are first converted to HD resolution due to the broadcast format in HD television (1080i/25). When broadcasting via SD transmission channels (e.g. satellite SD), the HD signal is converted to an SD format.
- If a broadcast cannot be made on a bindingly agreed date because the customer is unable to provide material suitable for broadcasting (in particular because the material is obviously defective or damaged) within a period in accordance with Section 3.2.1. Welt der Wunder is released from its obligation to perform without losing the right to remuneration. Any other income must be deducted from the remuneration claim.
- Delivery of products for product placement
- The customer is obliged to provide the product(s) to be placed in a defect-free form and to deliver them to the agreed location.
- Program planning is the sole responsibility of the broadcaster, who may postpone the production at any time for technical broadcasting reasons and/or cancel the broadcast of the production. In the event of a postponement of the assignment date and/or the complete cancellation of the assignment date, any claims of the contractual partner against the program organizer, regardless of the legal grounds, are excluded.
- Deliveries of the product are made at the expense and risk of the customer. The customer shall be responsible for compliance with all transportation regulations and for obtaining all import and export permits. The same applies to the removal of the product if it is not consumed or transferred to a new owner.
- The customer shall indemnify Welt der Wunder and the production companies – in the sense of a genuine contract for the benefit of third parties – on first demand against all damages, costs (including reasonable costs of legal defense) and claims of third parties caused by defects in the product.
- The customer shall provide appropriate insurance for the product at Welt der Wunder’s request. The customer shall bear the costs of the insurance.
- Broadcasts of programs in which products are placed
- Clauses 5.4 shall apply with regard to the postponement of product placement dates. until 5.6. If no price groups are defined, the transmission time and the day of the week are used as the “price group”.
- Welt der Wunder TV does not grant any protection from competition for product placement, even within a program.
- Broadcast of programs in which special forms of advertising are used
- With regard to the postponement of broadcast dates for special forms of advertising, in particular for programs in which cash or non-cash prizes are offered by the client or Welt der Wunder TV on behalf of the client, Sections 5.4 apply. until 5.6. If no price groups are defined, the broadcasting time and day of the week are regarded as a “price group”.
- Welt der Wunder TV does not grant any protection from competition for special forms of advertising, in particular for competitions, even within a program.
- If the collection of consumer data, e.g. in competitions, is carried out by Welt der Wunder on behalf of the customer, the winner data will be forwarded to the customer immediately and the customer is solely responsible for the processing of any prize awards and will indemnify Welt der Wunder – in the sense of a genuine contract in favor of third parties – against claims by third parties due to the implementation of competitions or other promotions. If the competition or the offer is made by Welt der Wunder in its own name, the parties will make individual contractual arrangements for processing.
- Types of television advertising
- Special provisions for online advertising
- Orders for online advertising generally require a lead time of at least 10 working days if the advertising material contains other special functions. For other online advertising, a lead time of 7 working days is sufficient.
- The advertising material is delivered by the customer, Welt der Wunder requires at least 5 working days after delivery for advertising material in the Universal Advertising Package (UAP) format for testing and integration, provided that the advertising material meets the other specifications. The same applies to advertising material in rich media format
- As long as an advertising medium is not delivered in a form that meets the requirements of section 4.4, this shall constitute non-delivery. In the event of non-delivery, Welt der Wunder shall be released from its obligation to perform without losing its claim to remuneration; any other income shall be deducted from the claim to remuneration. If the customer is obliged to supply several advertising media and there is a non-delivery within the meaning of sentence 1 for one or more advertising media, Welt der Wunder will endeavor to carry out the order with the advertising media supplied, but will in any case retain the full claim to remuneration; any other income must be deducted from the claim to remuneration. If the customer orders a so-called “Ad Bundle”, the non-delivery of one or more advertising media constitutes non-delivery.
- The advertising material must be sent in accordance with the technical specifications for online advertising applicable at that time and the self-regulation of telemedia providers in the area of usage-based online advertising.
- If an advertising medium is delivered late, the agreed A impressions (views of the respective advertising medium), referrals (forwarding of users who have clicked on the respective advertising medium) or other KPIs (Key Performance Indications) are reduced pro rata temporis in relation to the total campaign duration. Welt der Wunder retains the full claim to remuneration; any other income is to be deducted from the claim to remuneration.
- The following additional conditions apply to advertising material that is to be imported via servers that are not operated by Welt der Wunder (“Third Party Server Ads”):
- Orders with Thor Party Server Ads generally require a lead time of at least 10 working days
- As part of such a booking, all relevant documentation and information that is necessary or helpful for the integration of these Third Party Server Ads on a technical level must be provided.
- Welt der Wunder is not obliged to deliver Third Party Server As before the release. Third party server As may only be changed after approval by Welt der Wunder without the express consent of Welt der Wunder. Furthermore, the agreed technical standards, transmission speeds and data volumes must be ensured by the customer.
- The customer must ensure that the operator of the server for the delivery of the Third Party Server Ads provides at least the statistical information specified in the individual contract that is necessary for billing and checking the provision of services.
- Unless otherwise agreed, Welt der Wunder will report and invoice the delivery of the advertising material on a monthly basis. For this purpose, only impressions and click rate (how often an advertisement was interacted with, e.g. clicked on) are used as a benchmark and communicated to the customer, unless otherwise agreed.
- When commissioning the services described in these terms and conditions, the customer must inform us in advance in detail which user data will be collected and processed by the customer or by third parties on the customer’s behalf. The same applies to the transfer or processing to or by third parties. Unless expressly agreed otherwise, the collection of personal data solely by displaying the advertising material or by clicking on the advertising material is prohibited. The customer also undertakes to provide Welt der Wunder with the following information in good time before the date of the assignment, even if no personal data is collected in the process:
- any content or technologies that are provided and loaded through the use of an advertising medium (whereby the use of an advertising medium begins with the retrieval of this advertising medium by weltderwunder.de and is only completed when the user lands on the target website after clicking on this advertising medium and all elements of this website have been fully loaded and are active), in particular server cookies or other methods to identify and/or mark a user.
- Copies of all notifications and/or messages that a user can perceive when interacting with an advertising medium. This also refers to notifications and messages that are displayed if the advertising medium does not work correctly or messages from the Internet browser that ask the user whether they agree to the setting of a server cookie.
- Where Welt der Wunder consents to the collection of personal data, the customer warrants and represents that personal data will only be collected in accordance with statutory provisions. In particular, the customer warrants and guarantees that the use of tracking technologies and the setting of cookies will only be carried out in accordance with legal regulations. The customer warrants and undertakes to provide a data protection declaration that complies with the statutory provisions on all websites (including landing pages) to which an advertising medium links. The customer warrants and represents that it will give users the opportunity to use the website to which the advertising material links without providing personal data.
- The customer must independently check the advertising material and in particular ensure that the links provided by Welt der Wunder to the customer’s websites work and that these websites are available. Welt der Wunder is not obliged to check the quality of an advertising medium, e.g. with regard to coloring, the completeness of animations, audio output or similar.
- If the customer is of the opinion that the advertising material is not displayed correctly or does not function as intended, the customer must inform Welt der Wunder of this immediately, but at the latest within three days of the start of the campaign, insofar as the error was already present at the start of the campaign. Otherwise, the customer must inform Welt der Wunder immediately after becoming aware of an error. Insofar as Welt der Wunder has not caused these errors, Welt der Wunder is entitled to make any adjustments dependent on the assumption of costs by the customer based on the current price list.
- If there is a dispute between the parties about the completeness or accuracy of the statistical information, the data collected by Welt der Wunder itself with regard to ad impressions and click rate shall be binding for billing purposes.
- If a certain number of ad impressions has been agreed for the duration of the campaign, Welt der Wunder will make reasonable efforts to achieve these ad impressions; in the absence of other agreements, Welt der Wunder is entitled to determine the specific placement and rotation of the advertising material itself.
- If the agreed number of ad impressions is not reached during the term of the campaign, Welt der Wunder is entitled, unless the customer requests otherwise, to distribute the advertising material beyond the term of the campaign without additional remuneration until the agreed ad impressions are reached.
- Under no circumstances is the customer entitled to a reduction in payment due to a lack of ad impressions.
- If advertising material is changed by the customer after the services described in these terms and conditions have been commissioned (including re-direct etc.) or if the customer subsequently changes the data to which an advertising material links, Welt der Wunder is entitled to interrupt the further execution of the order. Welt der Wunder will resume further execution of the order as soon as the customer has canceled the change. At the customer’s discretion, the services provided between the change and the interruption will be credited to the agreed ad impressions, referrals or other KPIs, or Welt der Wunder will continue the service at the ad impressions, referrals or other KPIs provided at the time of the change, subject to corresponding additional remuneration. In any case, the customer is obliged to pay for the services provided between the change and the interruption.
- Consumer data generated in competitions belongs exclusively to Welt der Wunder. The customer is responsible for the provision and delivery of the competition prizes. The competition prizes must be delivered no later than four weeks before the end of the competition.
- Use of advertising media
- With each provision of advertising material, the customer must also provide all information required for settlement with collecting societies such as GEMA, in particular any publishers, composers, producers, titles and lengths of any pieces of music used.
- Information on broadcast and placement times, URLs, advertising space, dates, technical control of online advertising or advertising blocks are, unless expressly guaranteed, non-binding and are subject to the sovereignty of Welt der Wunder. In this respect, these are non-binding planning specifications. Welt der Wunder will endeavor to take into account any customer requests regarding the times of use.
- If no binding broadcasting or placement times, URLs, advertising spaces, dates or advertising blocks have been agreed, Welt der Wunder will use the advertising material within the booked price group and may in particular vary the broadcasting times, URLs and advertising spaces at any time within a specific price group. Welt der Wunder will inform the customer of this.
- If binding broadcasting or placement times, URLs, advertising space, dates, technical control of online advertising or advertising blocks have been agreed, any postponement requires the prior consent of the customer.
- The consent pursuant to 5.4. is dispensable in the case of only minor postponements that are reasonable for the customer. In particular, the postponement is minor if it occurs within the same price group and does not lead to any significant deviation from the originally planned date.
- The consent pursuant to 5.4. is also dispensable if Welt der Wunder changes the planned program schedule of a broadcaster or the agreed date of use due to current events, for serious technical reasons for which Welt der Wunder is not responsible, due to force majeure, strike or statutory provisions. A shift only occurs within the same price group. Welt der Wunder will inform customers about this.
- The program schedules shown in the sales documents are not exhaustive and Welt der Wunder is entitled to offer further advertising blocks and advertising space.
- Competition protection is not granted, even within individual advertising blocks and within a single website.
- Welt der Wunder will provide the customer with monthly proof of use, insofar as use has taken place. This can also be done by providing logs in an electronic booking system.
- Review and rejection of advertising material
- Welt der Wunder is not obliged to view the advertising material before the contract is concluded or to check its content, legal or other aspects.
- Welt der Wunder reserves the right, before and after an order for the provision of the services described in these terms and conditions, to refuse the use in whole or in part if Welt der Wunder, after a reasonable assessment of the circumstances, is of the opinion that the advertising material violates legal or official regulations, in particular also the applicable joint advertising guidelines of the state media authorities, Ritter rights or morality and does not meet the technical and content requirements of these terms and conditions. The customer must be notified immediately of any rejection of advertising material.
- If the advertising material is only unsuitable for the dates of use of the booked price group, this advertising can be broadcast in another price group with the customer’s consent. If the customer refuses consent, Welt der Wunder is entitled to withdraw from the contract.
- If the advertising material of Welt der Wunder in accordance with section 6.2. was rejected and not section 6.3. is applicable, the customer is obliged to deliver an advertising medium within a reasonable period of grace set by Welt der Wunder which complies with the statutory or official provisions and the technical and content requirements of these terms and conditions.
- If the customer does not deliver an advertising medium that complies with the statutory or official provisions and the technical and content requirements of these terms and conditions within the aforementioned reasonable grace period after notification of rejection, Welt der Wunder is entitled to withdraw from the contract. If the customer is responsible for the withdrawal, he shall be obliged to compensate the damage incurred, in particular the agreed remuneration, taking into account other income in place of the booked advertising.
- If it transpires that the advertising material complies with the statutory or official provisions and the technical and content requirements of these terms and conditions and if Welt der Wunder has only negligently misjudged this at the time of the decision, Welt der Wunder is entitled to determine a different broadcast or placement within the same price group and to inform the customer of this. If the customer objects to the other broadcast or placement, both parties are entitled to withdraw from the contract without either party being obliged to pay compensation.
- If Welt der Wunder rejects the advertisement for reasons for which the customer is not responsible, the customer may withdraw from the contract and demand reimbursement of any advance payments for the specific broadcast or placement.
- The parties clarify that the provisions of this section shall only apply if the customer has delivered the advertising material before the expiry of the delivery periods specified in these terms and conditions. If the customer has only delivered the advertising material after these delivery periods have expired, the provisions on late delivery in the sections “Television advertising” and “Online advertising” shall take precedence. Insofar as the customer in the case of 5.4. has delivered the advertising material before expiry of the reasonable grace period, but the new delivery has been made after expiry of the delivery deadlines specified in these terms and conditions, the grace period set shall be decisive.
- Complaints from third parties about advertising
- Should third parties claim against Welt der Wunder or against the customer that an advertising medium violates legal or official regulations, in particular also the applicable joint advertising guidelines and state media authorities, Ritter rights or morality or does not comply with the technical and content requirements of these terms and conditions (collectively “proceedings”), the customer undertakes to inform Welt der Wunder immediately, stating all details and sending the correspondence, as well as to provide Welt der Wunder with a statement as to how he assesses the matter, whether he has already dealt with comparable circumstances in the past and how he dealt with them at the time, and furthermore to provide a statement as to how he wishes to deal with the proceedings.
- The contracting parties undertake to contact each other immediately and to discuss the next steps. The contracting parties will continue to inform each other about who is involved in the proceedings and in what form.
- The customer shall provide Welt der Wunder with all information required in good faith for the exchange and decision on further action at its own expense.
- Welt der Wunder accepts no liability for the legality, appropriateness and/or success of any action suggested by Welt der Wunder and/or any legal assessment made by Welt der Wunder.
- The customer undertakes not to respond to the proceedings or otherwise contact the other party in this matter, make statements and/or concessions before an exchange has taken place.
- Notwithstanding 6.2. Welt der Wunder assumes full control of the proceedings insofar as the proceedings relate to intellectual property rights assigned to Welt der Wunder
- If the result of the procedure is that the advertising material violates statutory or official regulations, in particular the applicable joint advertising guidelines of the state media authorities, the rights of third parties or public decency, or does not comply with the technical and content requirements of these Terms and Conditions, provisions 5.2-5.5 shall apply. accordingly. The result of the proceedings within the meaning of this provision is any decision of a court or an authority or an institution of voluntary self-regulation that can be enforced (even provisionally) against Welt der Wunder or the customer. The same applies if Welt der Wunder cannot reasonably be expected to wait for a decision due to the impending disadvantages; this is particularly the case if Welt der Wunder is threatened with financial disadvantages of its own.
- Welt der Wunder is entitled to suspend the further broadcasting or placement of the advertising material at any time from the time of receipt of the proceedings by Welt der Wunder or from the time the customer is informed of proceedings.
- Warranty
- The advertising service provided by Welt der Wunder must be checked by the customer without delay and obvious defects must be reported immediately. Non-obvious defects must be reported within 2 weeks. If such notification is not made in due time, the claims due to the defect shall lapse, with the exception of claims for damages, insofar as the damage was caused by gross negligence or intent on the part of Welt der Wunder or its vicarious agents.
- Welt der Wunder is initially entitled to rectify the defect insofar as this is reasonable for the customer. The customer shall only be entitled to further claims if the rectification is not carried out within a reasonable period of time.
- Rebooking, termination
- Both parties are entitled to terminate the contract for the provision of the services described in these terms and conditions in whole or in part up to 6 weeks before the first assignment date without giving reasons. In the event of partial termination, the price shall increase in accordance with the Welt der Wunder price lists, provided that the customer has previously received a volume discount and the corresponding discount level is no longer reached as a result of the termination. This termination option does not apply to the customer for commercials lasting longer than 90 seconds. In addition, the customer is entitled to change the date of use up to 10 working days before the use of advertising material, subject to availability at Welt der Wunder.
- If the customer informs Welt der Wunder after the expiry of the period of 7 weeks that he no longer wishes to receive an order, Welt der Wunder will work towards ensuring that the commissioned service is not provided while maintaining the normal course of business. In this case, Welt er Wunder is still entitled to remuneration.
- The above provisions do not apply to special forms of advertising or product placement.
- The possibility of termination for good cause remains unaffected.
- Remuneration
- Unless remuneration has been expressly agreed, the Welt der Wunder price lists valid at the time the contract is concluded shall apply.
- All prices are in euros and subject to VAT. You will not receive any costs for the production of advertising material; these will be charged separately.
- The customer shall bear any remuneration under copyright or ancillary copyright law that is payable to collecting societies on account of the advertising material broadcast or placed and shall indemnify Welt der Wunder (in the sense of a genuine contract in favor of third parties) against these claims on first demand.
- Welt der Wunder is entitled to change the prices for the provision of the services described in these terms and conditions at any time. Unless expressly agreed otherwise, new prices shall also come into force immediately for current orders. In the event of a price increase, the customer is entitled to rebook the order or withdraw from the order in writing within 3 days of being notified by Welt der Wunder.
- Welt der Wunder grants the customer discounts in accordance with the price lists valid at the time the contract is concluded. Any further discounts must be agreed in individual contracts.
- Welt der Wunder reserves the right to grant agencies a discount of 15% of the invoice amount (excluding VAT) after deduction of other discounts, but before any cash discount is applied. In the absence of an individual contractual agreement, there is no entitlement to this.
- Insofar as the parties agree discounts for companies affiliated with the customer, such a discount shall cease to apply in the absence of an agreement to the contrary as soon as the affiliated company is no longer majority-owned (over 50% of the shares) by the customer or insofar as the customer is not majority-owned (over 50% of the shares) by the affiliated company. The customer must settle any resulting additional claims immediately. The customer is obliged to inform Welt der Wunder of any changes in the ownership structure, insofar as these would lead to the elimination of the discount.
- Payment for the use of advertising material is made monthly in advance. If payment is received within 10 days of the invoice date, a 2% discount will be granted, but only if payment is made at least 3 working days before the first assignment and the customer is not in arrears with other payments.
- The customer shall be in default without the need for a reminder if payment is not made within 14 days of receipt of the invoice. The customer shall bear any costs of payment transactions or costs due to chargebacks or similar events.
- Welt der Wunder is entitled to withhold the contractual service if the customer has not paid the remuneration due at least 3 working days before the assignment or is in default. This shall not apply if the customer declares offsetting against undisputed or judicially determined claims or if the customer himself is entitled to a right of retention and asserts this at the latest 3 working days before use.
- Rights of use
- Upon conclusion of the contract, the customer grants Welt der Wunder the non-exclusive right to use the advertising material in accordance with the contract free of charge. Welt der Wunder is entitled to transfer the rights granted to vicarious agents and third parties who are involved in the fulfillment of the contract.
- In the case of television advertising, the broadcasting right is granted in particular for the entire respective broadcasting areas, without restriction with regard to the transmission technology, transmission paths and distribution media used, such as e.g. Satellite, terrestrial transmission, cable transmission including cable retransmission and the necessary sub-licensing rights for the retransmitting cable companies, as well as the right of public access, in particular by means of the Internet Protocol, irrespective of the transmission technology used – including UMTS, LTE, DSL, fiber optics – and the end devices used for perception – including TV, game consoles, computers, laptops, tablets, cell phones – including simultaneous or time-shifted streaming or downloading for a fee or free of charge and with the integration of advertising media other than in the television broadcast. Insofar as the advertising material is also made publicly accessible within TV programs as part of video-on-demand or other on-demand offers by Welt der Wunder, this right is also included, in particular in the case of advertising for pre-releases. The only exceptions here are the performance rights granted to GEMA and GVL for the broadcast including online use accompanying the program. However, the customer must clarify the authorization to use the music in connection with the advertising material (filming rights or master and synch rights) with the holders of the rights of use at his own responsibility and expense and, if necessary, provide suitable proof of this at the request of Welt der Wunder. The rights shall be transferred in terms of time, place and content to the extent necessary for the execution of the order. This also includes the right to edit the advertising material insofar as this is necessary for technical reasons. Both the broadcast signal and on-demand offers can also be received or accessed outside the Federal Republic of Germany due to the technical conditions. Welt der Wunder is not obliged to encrypt its program or to limit access to on-demand offers regionally.
- In the case of online advertising, the worldwide right to make the advertising material publicly accessible is granted in particular, without restriction of the transmission technology, transmission paths and distribution media used, such as UMTS, LTE, DSL or fiber optics, and without restriction of the end devices used for perception – including TV, game consoles, computers, laptops, tablets, cell phones. The rights shall be transferred in terms of time, place and content to the extent necessary for the execution of the order. This also includes the right to edit the advertising material insofar as this is necessary for technical reasons.
- The customer warrants that he has these rights at his disposal and that he has not transferred them elsewhere.
- The customer grants Welt der Wunder the non-exclusive right, free of charge, to use the advertising material for its own advertising, public relations work, measures to promote sales or to advise other customers.
- Liability
- In the event of slight negligence, Welt der Wunder, its employees, its vicarious agents and its organs shall only be liable for the breach of cardinal obligations and only to the amount of the foreseeable damage that is inherent in the contract. This limitation of liability does not apply to injury to life, limb or health or in the case of claims under the Product Liability Act.
- Cardinal obligations are those obligations whose fulfillment is essential for the proper execution of the contract and on whose compliance the contractual partner regularly relies and may rely.
- The customer is solely responsible for and guarantees that the advertising material complies with German law and does not infringe the rights of third parties. This does not apply if the infringement was culpably caused by Welt der Wunder, e.g. by own editing. The customer shall indemnify Welt der Wunder against any third-party claims arising from the use of the advertising material, including the reasonable costs of legal defense, upon first request.
- Secrecy
- The customer undertakes to treat the content of this contract, including these General Terms and Conditions and the Welt der Wunder price lists and, in particular, the agreed conditions, price discounts and media volumes, as well as other business and trade secrets (collectively “Confidential Information”) that have become known to the customer as a result of the cooperation between the parties, as strictly confidential and not to make the Confidential Information accessible to third parties, unless and insofar as the Confidential Information is or becomes generally known, without this being justified by a breach of the confidentiality obligation, or the Confidential Information must be made accessible to authorities due to legal regulations. The disclosure of confidential information to tax consultants and lawyers working for the client is permitted. This obligation shall survive the termination of the contractual relationship.
- Deviating from 13.1. agencies are entitled to disclose the agreed conditions and media volumes to their advertising clients insofar as this is necessary for the fulfillment of the agency’s contractual obligations to its advertising clients. Prior to disclosure, the agency must oblige its advertising clients in writing to treat the confidential information as strictly confidential and not to make it accessible to third parties unless and to the extent that it is or becomes generally known without a breach of the confidentiality obligation being justified. Or the confidential information must be made accessible to authorities due to legal regulations, and that this obligation continues beyond the termination of the contractual relationship. At the request of Welt der Wunder, the agency must provide evidence of the declaration of commitment from its advertising clients.
- Final provisions
- Offsetting against claims by Welt der Wunder is only permitted with undisputed or legally established claims. The customer shall only be entitled to a right of retention on the basis of claims arising from the same contractual relationship.
- The assignment of rights and claims arising from this legal relationship by the customer requires the consent of Welt der Wunder
- German law shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
- The exclusive place of jurisdiction is Munich if the customer is a merchant, a legal entity under public law or a special fund under public law. Welt der Wunder is also entitled to assert claims at the defendant’s registered office.
- If the customer is not domiciled in the Federal Republic of Germany, Munich shall also be the exclusive place of jurisdiction, unless the customer is a consumer.
- Should individual or several provisions of these terms and conditions be or become invalid, this shall not affect the validity of all other provisions or agreements in case of doubt.
