Terms of Service for Influencer & Blogger
blogfoster GmbH, Friedrichstraße 187, 10117 Berlin, HRB 153622B, register court: Amtsgericht Charlottenburg (hereinafter "blogfoster") is the operator of various Internet platforms under the brand name eqolot. The following General Terms and Conditions (hereinafter referred to as User Terms and Conditions) constitute conclusive rules for the use of these Internet platforms by users. The User GTC apply to all declarations of intent in connection with the use of eqolot and legal transactions or actions similar to legal transactions vis-à-vis or by the users.
2. Object of Use and Definitions
2.1 eqolot operates services under the domain www.eqolot.com and www.app.eqolot.com. eqolot offers a software-as-a-service technology with which advertising companies can carry out cooperations with bloggers and influencers. Remunerated are, depending on the model, the participation in a cooperation and the publication of an advertorial or an action of a natural person on or through the advertising space or advertorial.
2.3 "Advertisers" are advertising companies, legal entities under public law or special funds under public law for which eqolot provides services in the context of the publication of online advertising (e.g. advertorials). The legal relationship between eqolot and the Advertisers is conclusively regulated in the separate Advertiser GTC.
2.4 "Publishing platform" is a website, blog or profile operated by the user on a platform operated by a third party (such as twitter.com or instagram.com), for which the user has the access and publication rights.
2.5 "Advertorial" means a publication/contribution of a User on his publishing platform in the context of a cooperation with an Advertiser under the previously agreed terms and conditions via the cooperation platform of eqolot.
2.6 "Cooperation" means the process of creating and publishing an advertorial on a publishing platform. This is agreed upon, processed and settled between Users and Advertisers via the software provided by eqolot ("Cooperation Platform").
3. Rights and Duties of the User and Registration
3.1 The use of eqolot is only permitted to natural persons of full age and unlimited legal capacity. Minors may only conclude a user agreement with eqolot with the consent of their legal representatives. By registering for the first time (section 3.2), the user makes an offer to conclude a user agreement with eqolot. Upon registration, the user agreement shall be concluded between eqolot and the user in accordance with the provisions set forth in these user GTC.
3.2 For the participation in cooperations, the registration of the user account is required. For this purpose, the user provides an e-mail address and password and registers his profile on a publishing platform on which the advertorials are to be published. With his registration, the user assures that he is the owner of the rights of use of the specified publishing platform or that he is authorized to conclude this agreement and to perform the actions required for the use of the cooperation platform for this publishing platform.
3.2.1 If the User intends to link an account on the publishing platform Youtube with eqolot, the following must be taken into consideration: By linking a Youtubes account, the user confirms the YouTube Terms of Service. In addition, we refer to the Google Privacy Policies. The user can terminate the connection between eqolot and his YouTube account at any time via the eqolot channel-settings or alternatively via the Google Account Security Settings.
3.3 Before the User can access the Cooperation Platform, the Publishing Platform will be checked by eqolot in terms of technology and content. eqolot reserves the right to refuse access to Cooperation at any time and without giving reasons or not to activate the User or its Publishing Platforms for Cooperation.
3.4 In addition, the user must take the following steps to activate his user account for the cooperation platform:
- Deposit of further details on his publishing platforms under the menu item "Channels", such as the categorization of the content
- Deposit of address and account data as well as the VAT identification number. This is only necessary when a cooperation is announced.
3.5 The user is obliged to provide the data collected during registration truthfully and completely. In case of a change of his data after registration, the user shall immediately update the information in his user account or notify eqolot of the changes, unless he is unable to make the relevant change himself. Upon request by eqolot, the user is obliged to provide suitable proof of his identity, his age of majority and, if applicable, the consent of his legal representative. eqolot is entitled to make the use of the cooperation platform or individual functions of the cooperation platform dependent on the provision of such proof.
3.6 The user must always keep passwords secret and may not pass them on to unauthorized third parties under any circumstances. The user undertakes to report any loss or misuse of his access data immediately by e-mail to firstname.lastname@example.org.
4. Participation in cooperations, implementation and remuneration
4.1 Cooperations between users and advertisers require a professional and trustful cooperation of both parties. eqolot supports this cooperation through the cooperation platform and personnel effort.
4.2 eqolot displays cooperation offers in the User Account that Advertisers have previously activated for the User; they also contain information about the type and requirements for the cooperation ("Briefing"). The user can apply for cooperations with one or more publishing platforms. For this purpose, the publishing platform with which the user applies for the cooperation must be linked to eqolot Insights. Before applying, the user can see which conditions the cooperation imposes on the publishing platform, which tasks and obligations the user has to fulfill within the cooperation and which remuneration the user receives for participating in the cooperation and publishing the advertorial on one or more publishing platforms.
4.3 After the User has applied for a cooperation, the Advertiser is free to reject or select Users or their publishing platforms for a cooperation. In both cases, the user will be informed of this via e-mail. If the user and one of its publishing platforms is selected for a cooperation, participation in the cooperation is only binding when the user confirms the selection at app.eqolot.com and accepts the cooperation and its terms and conditions.
4.4 By accepting the Cooperation (Section 4.3), the User undertakes to fulfill the Cooperation in accordance with the described tasks and specifications of the accepted Cooperation. Withdrawal from a Cooperation is possible thereafter by stating good cause, but the User may be charged for costs incurred to date in the discontinued Cooperation or for consequential costs incurred as a result of withdrawal from the Cooperation, or such costs may be deducted from outstanding commission payments. A deduction or offsetting is also possible with outstanding commission payments of other cooperations.
4.5 In particular, the User shall be obliged to comply with schedules of the Cooperation for the fulfillment of intermediate steps and the time of publication. The user is obliged to inform eqolot immediately if delays of the cooperation are foreseeable for him.
4.6 In order to have eqolot check the proper creation of the postings, the user must upload the content created within a cooperation to the eqolot platform. For the compression, storage and delivery of these and other files necessary for the cooperation, eqolot uses the third party provider Cloudinary Ltd. By using the eqolot platform, the user agrees to the transfer of the files to Cloudinary.
4.7 If the User does not fulfill the agreements from the briefing or the schedules, eqolot is entitled not to pay out commissions or to reduce them accordingly, even if they do not concern the direct cooperation.
5. General Obligations of the User
5.1 The User undertakes not to provide any illegal or unlawfully created content on its publishing platform. In particular, the following content is not permitted
- for which the user does not have the necessary rights of use,
- which violates the right of others to privacy or other personal rights, in particular the right to one's own image,
- with pornographic, obscene or derogatory motives,
- which are defamatory or defamatory or contain untrue statements of fact,
- which violate copyrights, ancillary copyrights, trademark rights or other rights of third parties and/or may be legally prosecuted.
5.2 In addition, the user undertakes to refrain from,
- perform or promote anti-competitive actions, such as progressive customer advertising by means of chain, snowball or pyramid systems,
- perform other harassing actions towards other users, advertisers, eqolot or third parties,
- attempt to gain unauthorized access to third party data,
- misuse eqolot for messages unwanted by the recipient (for example spamming), chain letters or similar,
- use the cooperation platform in a way that may overload or disrupt eqolot's systems.
5.3 In particular, the user is prohibited by means of one or more of the following practices to attempt to manipulate or otherwise unlawfully obtain commission claims by attempting to do so himself or through third parties:
- Use advertising media and tracking links that enable tracking, but where the respective advertising media or advertorial is not displayed, is not perceptible or is not displayed in the form, scope and/or size specified by the advertiser,
- use terms protected by law, in particular by trademark law, for the Advertiser or third parties, for example in search engines (e.g. for search engine marketing or optimization),
- artificially direct visitors to advertorials created in cooperation or to the publishing platform as a whole, technically or otherwise, in order to increase the number of visitors in an abusive manner; this applies in particular to the purchase of visitors via relevant offers ("traffic purchase"),
- to encourage persons to misuse tracking links without the person's own initial interest in the content, service or company that can be found under the tracking link,
- to integrate tracking links, eqolot Insights and tracking pixels on other publishing platforms than on the registered publishing platform or the publishing platform released in cooperation and thus to falsify results,
- Technically or otherwise abusively artificially increase the number of visitors or their activity data on the publishing platform in general in order to achieve admission requirements for participation in collaborations.
5.4 Furthermore, the user is in particular not permitted to:
- Publish or communicate information about offered campaigns/cooperation, in particular information about remuneration and fees,
- delete or deactivate advertorials before the expiry of 12 months after their publication or withhold them from the public,
- to deactivate eqolot Insights on publishing platforms on which advertorials have been created within the last 12 months in the context of a cooperation with eqolot,
- to use content and/or media, such as texts, images, graphics, etc., in the cooperation for which the user does not hold the rights of use; in the event of a violation of this, the user shall bear the sole liability against claims of third parties.
5.5 eqolot may take appropriate measures to prevent breaches of duty by the User. In exceptional cases, eqolot is entitled to exclude users in whole or in part from the use of the cooperation platform and to freeze or not pay out outstanding commissions. Furthermore, eqolot reserves the right to initiate legal steps as well as to assert claims for compensation in case of possible damages.
6.1 Before, during and after the execution of the contractual relationship with Users, eqolot shall be entitled to use, publish and/or name to customers or interested parties (in particular advertisers) the name, description and title of the Publishing Platform, its URL, call-up and performance data as well as screenshots of the Website or the Publishing Platform within the scope of customer and reference lists for advertising and reference purposes. This also includes publishing content created in a cooperation on blogfoster's platforms, such as reposting and publishing on eqolot's social media channels. This includes the corresponding use of the trademark(s) and/or other trademark rights of the user. The User shall not receive any remuneration for this and grants eqolot the right of use. This right shall continue to apply after the end of the contractual relationship, unless the User expressly objects to this in writing to eqolot after the termination of the contract.
6.2 The name of the user or his personal data shall not be used for references, unless this information can be derived from the domain name or the trademark or labelling rights of the user. The user can deposit his own description texts and screenshots in his user account and thus influence the data used for reference purposes.
7. Liability of the user / exemption
The user is aware of the fact that in case of illegal use of advertising material and other services in connection with the cooperation platform, there is a risk that eqolot will also be held liable by third parties due to legal violations caused by this. If a culpable violation of the obligations arising from these user terms and conditions on the part of the user leads to eqolot being held liable by a third party, the user is obligated to indemnify eqolot from all claims asserted by the third party upon first request. The indemnification also includes all necessary costs incurred by eqolot through its own legal defense, such as attorney's fees.
8.1 eqolot is liable for damages of the user according to the statutory provisions, provided that the damages were caused intentionally or by gross negligence, they are the consequence of the non-existence of a guaranteed quality of the service, they are based on a culpable violation of essential contractual obligations (see paragraph 2), they are the consequence of a culpable injury to health, body or life, or for which eqolot is liable according to the Product Liability Act.
8.2 Material contractual obligations in the aforementioned sense are such contractual obligations, the fulfillment of which enables the proper execution of the contract in the first place and the compliance with which the contractual partner may regularly rely on, and the violation of which endangers the achievement of the purpose of the contract on the other side.
8.3 In the event of a breach of a material contractual obligation, liability shall be limited to such damages as may typically and foreseeably be expected to arise in the course of providing a service comparable to the cooperation platform. For not typically occurring as well as unforeseeable damages, eqolot shall only be liable if the damage was caused intentionally; this shall not apply if life, limb or health are affected.
8.4 Apart from that, eqolot's liability shall be excluded irrespective of the legal ground.
9. Billing and payment
9.1 The User shall be invoiced monthly for the remuneration he receives for participating in collaborations and publishing advertorials on his publishing platform. At the end of each month, the User shall receive an overview of the revenues generated by him. This will be made available in the user account as a credit note for downloading as a PDF.
9.2 The performance period of the credit is from the month of creation for up to at least 3 months. The components relevant for the performance period (exclusives or competition exclusions, content buyouts, etc.) are binding in the respective campaign briefings.
9.3 The credit note is due after 45 days. eqolot transfers the revenues to the User to the account specified by the User, unless the User has objected to the statement. The user has 14 days to check the statement provided in his user account and to object if necessary. After the expiry of this period, the credit note shall be deemed to have been finally accepted by the User in the amount in question for the period in question.
9.4 eqolot shall transfer the income to the User in the period of the due date. For users who have cooperated with eqolot for the first time or at least twice in the last 3 months, eqolot will transfer the credit after 31 days. Users who have cooperated with eqolot at least once in the last 3 months will receive the credit after 15 days.
9.5 For the billing, eqolot needs the address and account data as well as the VAT identification number of the user or the company represented by him. These must be entered in the user account, otherwise no billing can take place (see section 3.4).
10. Data protection
11. Term and termination of the contract
11.1 The user agreement is concluded for an indefinite period of time. eqolot has the right to terminate the user agreement with a notice period of 14 days. The User may terminate the user agreement at any time by notifying eqolot in text form.
11.2 A termination by the User shall be deemed equivalent if the User deletes his User Account using the function provided for this purpose in the User Account. In the event of deletion of the user account, whether by the user or by blogfoster, content created in the context of cooperation by eqolot must remain available online and may not be deleted until twelve months after the first publication (section 5.4).
11.3 The right of the parties to extraordinary termination for good cause shall remain unaffected.
11.5 Upon termination of the contractual relationship, the Customer's access to eqolot shall be blocked. All rights of the User shall expire automatically and with immediate effect.
12. Final provisions
12.1 eqolot reserves the right to change less important provisions of these User GTC at any time and without stating reasons, provided that this change does not lead to a reorganization of the contractual structure as a whole. The weighty provisions include, in particular, regulations concerning the type and scope of the contractually agreed services, the term and the termination of the contract. The amended terms and conditions shall be sent to the user by e-mail at least two weeks before they come into force. If the User has not objected to the validity of the amended GTC in text form (e.g. by e-mail) within four weeks after receipt of the e-mail, the amended terms and conditions shall be deemed accepted. eqolot undertakes to separately inform the Users about the possibility of objection and the significance of the four-week period in the e-mail containing the amended terms and conditions.
12.2 The User GTC and the legal relationship between eqolot and the Customer shall be governed exclusively by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods and the conflict-of-law provisions of international private law. Place of performance is Berlin.