Terms of Service for Influencer & Blogger

1. Scope of application

The blogfoster GmbH, Wattstraße 11, 13355 Berlin, HRB 153622B, Register Court: Amtsgericht Charlottenburg (hereinafter “blogfoster”) is the operator of various Internet platforms. The following General Terms and Conditions (hereinafter referred to as “User Terms and Conditions”) represent the final rules for the use of these Internet platforms by users. The User Terms and Conditions apply to all declarations of intent and legal or similar actions in connection with the use of blogfoster towards or by the users.

2. Object of use and definitions of terms

2.1 blogfoster operates services under the domain www.eqolot.com and www.app.eqolot.com. blogfoster offers a software-as-a-service technology with which advertising companies can carry out cooperations with bloggers and influencers. 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 the advertorial are remunerated.

2.2 “User” in the sense of these terms of use is any natural or legal person (blogger or influencer) who offers a publishing platform for the placement of advertising space or for the placement of content advertising (advertorial) and who uses the services of blogfoster after their registration.

2.3 “Advertisers” are advertising companies, legal entities under public law or special funds under public law for which blogfoster provides services within the scope of the publication of online advertising (e.g. advertorials). The legal relationship between blogfoster and the advertisers is conclusively regulated in the separate Advertiser Terms and Conditions.

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 holds the access and publication rights.

2.5 “Advertorial” is a publication/contribution of a user on his publishing platform within the framework of a cooperation with an advertiser under the previously agreed terms and conditions via the cooperation platform of blogfoster.

2.6 “Cooperation” means the process of creating and publishing an advertorial on a publishing platform. This is agreed between users and advertisers via the software provided by blogfoster (“cooperation platform”), processed and invoiced.

3. Rights and duties of the user and registration

3.1 The use of blogfoster is only permitted to adult and unrestricted contractually capable natural persons. Minors may only conclude a user agreement with blogfoster with the consent of their legal representatives. With his first registration (clause 3.2) the user submits an offer to conclude a user agreement with blogfoster. With the registration, the user agreement between blogfoster and the user is concluded according to the provisions of these user terms and conditions.

3.2 The registration of the user account is required for the participation in cooperations. For this purpose, the user enters his e-mail address and password and registers his profiles 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 to the specified publishing platform or that he is authorized to conclude this agreement and to carry out the actions required for the use of the cooperation platform for this publishing platform.

3.3 Before the user can access the cooperation platform, the publishing platform will be technically and contentwise checked by blogfoster. blogfoster reserves the right to refuse access to cooperation at any time and without giving reasons or not to release the user or his 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 information on his publishing platforms under the menu item “Channels”, such as the categorisation of the content
  • Storage of address and account data as well as the sales tax identification number. This is only necessary when a cooperation is accepted.
  • Linking of at least one publishing platform. If eqolot Insights is integrated into a website or blog, the user is obliged to inform his readers about it in a suitable form on his website. Further information and assistance can be found at https://eqolot.com/en/privacy/eqolot-insights/.

3.5 The user is obliged to provide the data collected during registration truthfully and completely. If his data is changed after registration, the user must update the information in his user account immediately or inform blogfoster of the changes, unless he can make the relevant change himself. At the request of blogfoster, the user is obliged to provide suitable proof of his identity, age of majority and, if applicable, the consent of his legal representative. Blogfoster is entitled to make the use of the cooperation platform or individual functions of the cooperation platform dependent on the provision of appropriate proof.

3.6 The user must always keep passwords secret and may under no circumstances pass them on to unauthorised third parties. The user undertakes to report the loss or possible misuse of his access data immediately by e-mail to support@eqolot.com.

4. Participation in cooperations, implementation and remuneration

4.1 Cooperations between users and advertisers require a professional and trusting cooperation of both parties. blogfoster supports this cooperation by the cooperation platform and personnel expenditure.

4.2 blogfoster displays cooperation offers in the user account which Advertisers have previously activated for the user; they also contain information about the type and prerequisites for the cooperation (“briefing”). The User may apply for cooperation with one or more publishing platforms. For this, the publishing platform with which the user applies for cooperation must be linked to eqolot Insights. Before an application is submitted, the user can see what conditions the cooperation imposes on the publishing platform, what tasks and obligations the user has to fulfil within the cooperation and what 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 his publishing platforms are selected for a cooperation, participation in the cooperation is only binding if the user confirms the selection under app.eqolot.com and accepts the cooperation and its conditions.

4.4 By accepting the cooperation (clause 4.3), the user undertakes to fulfil the cooperation according to the described tasks and requirements of the accepted cooperation. Although it is possible to withdraw from a cooperation for important reasons, the user may be charged for any costs incurred as a result of the withdrawal from the cooperation or deducted from any outstanding commission payments. A deduction or offsetting is also possible with outstanding commission payments of other cooperations.

4.5 In particular, the user is obliged to adhere to the cooperation schedules for the fulfilment of intermediate steps and the time of publication. The user is obliged to inform blogfoster immediately if delays of the cooperation are foreseeable for him.

4.6 If the user does not fulfil the agreements from the briefing or the schedules, blogfoster is entitled not to pay 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 make available any illegal or illegally created content on his publishing platform. In particular, the following content is not permitted.

5.2 In addition, the user undertakes to refrain from doing so,

  • to engage in or promote anti-competitive activities, such as progressive customer acquisition through chain, snowball or pyramid schemes,
  • to carry out other harassing actions towards other users, advertisers, blogfoster or third parties, attempt to gain unauthorized access to third party data,
  • to abuse blogfoster for messages (e.g. spamming), chain letters, etc. unwanted by the recipient,
  • to use the cooperation platform in a way that may lead to overloading or disruption of the blogfoster systems.

5.3 In particular, the user is prohibited from attempting to manipulate or otherwise unlawfully obtain commission claims by means of one or more of the following practices by attempting to do so himself or through third parties:

  • Use advertising media and tracking links that allow tracking, but for which the respective advertising media or advertorial is not displayed, not perceptible or not in the form, scope and/or size specified by the advertiser,
  • to use for the advertiser or third parties legally, in particular trademark-protected terms, for example in search engines (e.g. for search engine marketing or optimization),
  • to lead visitors technically or otherwise artificially to advertorials created in cooperation or to the publishing platform as a whole in order to increase the number of visitors abusively; this applies in particular to the purchase of visitors via relevant offers (“traffic purchase”),
  • Encourage persons to misuse tracking links without the person having an initial self-interest in the content, service or company found under the tracking link,
  • to integrate tracking links, eqolot insights and tracking pixels on publishing platforms other than the registered publishing platform or the publishing platform released in cooperation, thereby falsifying results,
  • Technical or otherwise abusive artificial increase in the number of visitors or their activity data on the publishing platform in general in order to achieve admission requirements for participation in cooperations.

5.4 Furthermore, the user in particular is not permitted to do so:

  • to publish or communicate information on offered campaigns/cooperations, in particular information on remuneration and fees,
  • Delete, deactivate or withhold Advertorials from the public within 12 months of their publication,
  • deactivate eqolot insights on publishing platforms on which advertorials have been created within the last 12 months as part of a cooperation with blogfoster,
  • to use content and/or media, such as texts, images, graphics, etc., in the cooperation for which the user does not possess the rights of use; in the event of a violation against this, the user bears sole liability against claims of third parties.

5.5 blogfoster may take appropriate measures to prevent breaches of duty by the user. In exceptional cases, blogfoster is entitled to exclude users completely or partially from the use of the cooperation platform and to freeze or not pay outstanding commissions. In addition, blogfoster reserves the right to take legal action and to assert claims for compensation in the event of damage.

6. References

6.1 blogfoster is entitled, before, during and after the execution of the contractual relationship with users, to use for advertising and reference purposes the name, description and title of the publishing platform, its URL, call and performance data as well as screenshots of the website or the publishing platform within the framework of customer and reference lists, to publish them and/or to name them to customers or interested parties (in particular advertisers). This also includes the publishing of content created in cooperation on the blogfoster platforms, such as reposting and publishing on the blogfoster social media channels. This includes the corresponding use of the brand(s) and/or other trademark rights of the user. The user receives no remuneration for this and grants blogfoster the right of use. This right shall continue to apply even after the end of the contractual relationship, unless the user expressly objects in writing to blogfoster after the end of the contract.

6.2 The User’s name or personal data will not be used for references unless such information can be derived from the User’s domain name or trademark rights. The user can store his own description texts and screenshots in his user account and thus influence the data used for reference purposes.

7. Liability of the user / indemnification

The user is aware that in the event of illegal use of advertising material and other services in connection with the cooperation platform, there is a risk that blogfoster will also be sued by third parties for violations of the law justified by this. If a culpable violation of the obligations from these user terms and conditions on the part of the user leads to blogfoster therefore being claimed by a third party, the user is obliged to release blogfoster from all claims asserted by the third party on first demand. The indemnification also includes all necessary costs incurred by blogfoster through its own legal defense, such as attorney’s fees.

8. Liability

8.1 blogfoster is liable for damages of the user according to the statutory provisions, provided that the damages were caused intentionally or grossly negligent, they are the result of the absence of a guaranteed quality of service, they are based on a culpable breach of essential contractual obligations (see paragraph 2), they are the result of a culpable injury to health, body or life, or for which blogfoster is liable under the Product Liability Act.

8.2 Essential contractual obligations in the aforementioned sense are those contractual obligations, the fulfilment of which is essential for the proper execution of the contract and on the observance of which the contractual partner may regularly rely, and the violation of which on the other hand endangers the achievement of the contractual purpose.

8.3 If an essential contractual obligation is violated, liability is limited to such damages, the occurrence of which can typically and predictably be expected within the scope of providing a service comparable to the cooperation platform. For not typically occurring as well as unforeseeable damages blogfoster is only liable as far as the damage was caused intentionally; this does not apply if body, life or health are affected.

8.4 In all other respects, the liability of blogfoster is excluded regardless of the legal grounds.

9. Billing and payment

9.1 The remuneration that the user receives for participating in cooperations and publishing advertorials on his publishing platform is invoiced monthly. At the end of each month, the user receives an overview of the sales generated by him. This is made available in the user account as a credit note for download as a PDF file.

9.2 The credit note is due after 45 days. blogfoster transfers the income to the user to the account specified by the user, provided that the user has not objected to the statement. The user has 14 days to check the account provided in his user account and to raise objections if necessary. After the expiry of this period, the credit note is deemed to have been conclusively accepted by the user in the amount in question for the period in question.

9.4 blogfoster transfers the income to the user in the period of the due date. For users who have cooperated with blogfoster for the first time or at least twice in the last 3 months, blogfoster will transfer the credit after 31 days. Users who have carried out at least one cooperation with blogfoster in all last 3 months will receive the credit after 15 days.

9.5 For the settlement blogfoster needs the address and account data, as well as the sales tax 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

10.1 blogfoster attaches great importance to the protection and security of users’ personal data. Further information can be found in the Privacy Statement.

11. Termination of the contract

11.1 The user agreement is concluded for an indefinite period. blogfoster 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 blogfoster in text form.

11.2 It is equivalent to a termination of the user if the user deletes his user account using the function provided for this purpose in the user account. In the case of a deletion of the user account, no matter whether by the user or by blogfoster, content created within the scope of cooperations by blogfoster must remain available online and may only be deleted twelve months after the first publication (clause 5.4).

11.3 The right of the parties to extraordinary termination for important reasons remains unaffected.

11.5 With the termination of the contractual relationship, the customer’s access to blogfoster will be blocked. All rights of the user expire automatically and with immediate effect.

12. Final provisions

12.1 blogfoster reserves the right to change less important provisions of these User Terms and Conditions at any time and without giving reasons, provided that this change does not lead to a reorganisation of the contractual structure as a whole. The important provisions include, in particular, regulations concerning the type and scope of the contractually agreed services, the duration and termination of the contract. The changed conditions will be sent to the user by e-mail at least two weeks before they come into effect. If the user has not objected to the validity of the amended GTC within four weeks after receipt of the e-mail in text form (e.g. by e-mail), the amended conditions shall be deemed to have been accepted. blogfoster undertakes to separately inform the users in the e-mail containing the amended conditions of the possibility of objection and the significance of the four-week period.

12.2 The user terms and conditions and the legal relationship between blogfoster 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 laws provisions of international private law. Place of performance is Berlin.

July 2019