General Terms and Conditions
for the use of the internet offer cash.big7.com - “advertising partner”
- These General Terms and Conditions (hereinafter referred to as "GTC") apply to all contractual relationships between Wire7 Tech GmbH, Stadthausbrücke 5, 20355 Hamburg, Germany, registered under HRB 157835 (hereinafter referred to as "Provider"), and entrepreneurs who register as "Advertising Partners" in accordance with § 2 section 1a) of these GTC on cash.big7.com (hereinafter referred to as "Advertising Partner").
- Any deviating, conflicting, or supplementary GTC of the Advertising Partner are expressly rejected unless otherwise agreed.
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The Provider operates an erotic portal in the form of an amateur community at www.big7.com (hereinafter referred to as "Big7.com"). The following
terms are defined as follows:
a) Partner Program
A partner program is an internet-based sales solution where a commercial provider (Provider) remunerates its sales partners (Advertising Partners) based on their performance through a commission.
b) Advertising Partner
Advertising Partners are entrepreneurs who use the partner program to promote the Provider's products on a commission basis. An entrepreneur is a natural or legal person or a partnership with legal capacity that acts in the exercise of their commercial or independent professional activity when concluding a legal transaction.
c) Double Opt-In (DOI)
Double Opt-In refers to a procedure where the recipient of an email confirms that they are the owner of the email address.
d) Single Opt-In (SOI)
Single Opt-In refers to a simple subscription or registration (e.g., for a newsletter). In contrast to Double Opt-In, Single Opt-In does not require confirmation that the email address belongs to the recipient. Entering an email address is considered confirmation for receiving newsletters, promotional emails, or mailings.
e) Revenue Share Lifetime
Revenue Share describes a compensation model where a defined commission percentage is paid on the revenues generated by customers referred by the Advertising Partner. In the Big7 Partner Program, Revenue Share lifetime is the standard compensation model, and a commission of 30% on the gross revenue of the referred customer is paid. Lifetime means that the commission is paid as long as the referred customer remains a customer of Big7 or until the Advertising Partner deletes their account.
f) Pay per Lead (PPL)
Pay Per Lead describes a compensation model where a one-time defined amount is paid per lead (DOI registration/confirmed email address from the DACH region (Germany, Austria, Switzerland)) referred by the Advertising Partner. Further, ongoing compensation as with Revenue Share is excluded.
g) Additional Pay per Lead (additional PPL)
Additional Pay Per Lead describes a compensation model where a one-time defined amount is paid per lead (DOI registration/confirmed email address from the DACH region (Germany, Austria, Switzerland)) referred by the Advertising Partner, in addition to Revenue Share.
h) Pay per Sale (PPS)
Typically, a "Sale" refers to the purchase of a product or virtual good by a customer referred by the Advertising Partner. Pay Per Sale describes a compensation model where a one-time defined amount is paid for the fully executed credit top-up of the referred customer. Further, ongoing compensation as with Revenue Share is excluded.
i) Additional Pay per Sale (additional PPS; also INI)
Typically, a "Sale" refers to the purchase of a product or virtual good by a customer referred by the Advertising Partner. Additional Pay Per Sale or INI describes a compensation model where a one-time defined amount is paid for the fully executed credit top-up of the referred customer, in addition to Revenue Share.
j) Advertising Material
Advertising material refers to the designed (objectified) form of the advertising message. Advertising materials include banners, text links, newsletter templates, and special advertising materials such as interfaces.
k) Incentivization
Incentivization involves creating an incentive to perform an action by paying a premium or other bonus.
- The Provider allows its Advertising Partners to promote the Big7.com community using the provided links and advertising materials.
- The commission that the Advertising Partner receives is determined by the Provider's current rate model. The currently activated rate model for the Advertising Partner can be viewed at any time on cash.big7.com when using advertising materials or in the statistics. Deviating compensations can be agreed upon with the Provider in exceptional cases.
- A prerequisite for using the Big7.com partner program is prior registration, including confirmation of the ownership of the registered email
address. The Advertising Partner must provide truthful and complete information in the form provided by the Provider during the registration
process. The Advertising Partner is obliged to keep this data (including email addresses) up to date at all times. The Provider solely decides on
the approval of the registration. There is no entitlement to approval for using cash.big7.
If the Advertising Partner registers as a legal entity or partnership with legal capacity, which must be represented by an authorized natural
person, the registration details must be verified as follows:
- If necessary, submission of a valid official photo ID of the beneficial owner;
- If necessary, submission of documents for the registration of the stated company;
- If necessary, submission of documents to prove VAT deduction eligibility for gross payments, including the tax number and/or VAT identification number.
- Registration and use of cash.big7 are exclusively reserved for individuals who are at least 18 years old.
- By completing the registration and accepting these GTC online by clicking in the provided checkbox, the Advertising Partner submits their offer to conclude a contract for using cash.big7 and the related services. The Advertising Partner will receive a timely email notification from the Provider confirming the receipt of their data and, as a rule, the conclusion of the contract (acceptance of the offer).
- The personal account of an Advertising Partner and the resulting rights are non-transferable. Therefore, the Advertising Partner is also prohibited from passing on their access data to third parties.
- If the Advertising Partner is based outside the European Union, they must additionally disclose who the ultimate beneficial owner is, using suitable proof to the Provider.
- The Provider provides the Advertising Partner with various advertising materials, such as graphics, advertising banners, hyperlinks, etc. The Provider grants the Advertising Partner a right to use these advertising materials and assures that they are authorized to grant this right.
- The use of advertising materials is only permitted for advertising purposes in connection with the Big7 partner program and may only be used as long as the contract between the Provider and the Advertising Partner exists. The advertising materials may not be used in connection with racist, xenophobic, or other illegal website content.
- Advertising measures to attract visitors to a web presence through web search engines (SEM measures) related to Big7.com brand names are generally not desired and may only be carried out by the Advertising Partner with the prior express consent of the Provider. This includes, for example, positioning advertising texts and advertising measures through Google Adwords.
- The compensation of the Advertising Partner is performance-based in the form of a commission. The amount of the earned commission is exclusively derived from the statistics visible in the internal area for the Advertising Partner. Unless otherwise agreed, the compensation includes all costs incurred by the Advertising Partner to fulfill their contractual obligations. Later cost increases on the part of the Advertising Partner do not lead to a change in the agreed compensation.
- The statistics in the internal area show net values.
- Revenues visible to the Advertising Partner in the statistics can be canceled by the Provider if it turns out that the generated revenue was achieved with untruthful data, false texts, false photos, and/or similar or was otherwise unlawfully generated.
- The payment of the commission is made when the Advertising Partner's credit exceeds a net amount of 30 Euros. If the credit does not exceed a net amount of 30 Euros, it will be accumulated and carried over to the next month. The credit does not bear interest.
- The commissions are paid net by the 15th of the following month if the minimum payout threshold of 30 Euros net has been exceeded. If the Advertising Partner in Germany is entitled to deduct input tax, the commissions are subject to the applicable VAT.
- Promotion of the big7.com partner program is prohibited if the revenues generated by the Advertising Partner are incentivized in any way. Revenues generated through bonus, cashback, or other forms of advertising that provide an incentive to perform an action are strictly prohibited. Revenues generated through such advertising forms can be canceled by the Provider without warning.
- For Advertising Partners based outside the European Union, payment processing is exclusively handled through the payment service "Skrill" operated by Skrill Limited (https://www.skrill.com/) under the applicable GTC of "Skrill." This requires, among other things, the opening of a user account for "Skrill."
- The advertising partner is obligated to ensure that the promotion of the Big7.com affiliate program does not violate applicable laws.
- The advertising partner must ensure compliance with competition law.
- The advertising partner is required to provide the provider with information about the manner of promotion of the affiliate program at any time. If there is a suspicion of a legal violation and the advertising partner does not contribute to its clarification, the provider has the right to withhold the advertising partner's revenues until the matter is fully resolved.
- The advertising partner is solely responsible for the taxation of the commissions earned through the cash.big7.com affiliate program and for the payment of any applicable value-added taxes.
- The contractual partners must treat all technical and business information, as well as trade and business secrets, disclosed to each other as confidential. Documents, documentation, and data carriers provided by the other party must be handled with care, stored securely while ensuring confidentiality, and used only for their intended purpose. This obligation remains in force even after the termination of this contract. The contractual partners must also keep any jointly developed knowledge confidential. This obligation also applies to their employees and contractors.
- The advertising partner is prohibited from making any changes to the provider's system or manipulating the system.
- The following advertising measures are explicitly prohibited:
- SEA brand hijacking: copying the provider's SEA ad one-to-one and integrating the affiliate link;
- Cookie dropping, cookie stuffing: placing a cookie when a user simply views a webpage;
- Providing false identities;
- Making non-serious orders;
- Prohibited email advertising (spam);
- The use of spyware, adware, malware;
- Black postview cookie dropping;
- All blackhat methods;
- Coupon spam.
- For each case of culpable breach of the prohibitions regulated under § 6, the advertising partner agrees to pay a contractual penalty to the provider, the amount of which the provider will determine at its reasonable discretion and which may be reviewed by the competent court for its appropriateness in the event of a dispute.
The advertising partner shall indemnify the provider from claims by third parties that may be made against the provider in connection with an infringement of their rights through the advertising partner's advertising. The advertising partner will also assume the reasonable costs of necessary legal defense, including all court and attorney fees at the statutory rate. This does not apply if the advertising partner is not responsible for the legal infringement. Statutory claims for damages by the provider remain unaffected.
The provider shall be liable to the advertising partner for all contractual, quasi-contractual, and statutory, including tort claims for damages and reimbursement of expenses, as follows:
- The provider shall be liable without limitation for any legal reason:
- In case of intent or gross negligence,
- In case of intentional or negligent injury to life, body, or health,
- Based on a guarantee promise, unless otherwise regulated,
- Due to mandatory liability such as under the Product Liability Act.
- If the provider negligently breaches a significant contractual obligation, liability shall be limited to the foreseeable, typical damage, unless liability is unlimited pursuant to the foregoing clause. Significant contractual obligations are obligations that the contract imposes on the provider according to its content to achieve the contractual purpose, whose fulfillment enables the proper execution of the contract in the first place, and on whose compliance the advertising partner may regularly rely.
- Otherwise, the provider's liability is excluded.
- The above liability provisions also apply to the provider's liability for its agents and legal representatives.
- The provider is not liable for data losses caused by technical failures, aborted data transmissions, or other problems and damages in this context that are not the provider's fault. The provider is not liable for damages caused by disturbances of its operations or the operations of its online service due to force majeure, riots, war, natural events, or other events not attributable to the provider (e.g., strikes, lockouts, traffic disruptions, directives from public authorities in Germany and abroad). This also applies if these disturbances occur at third parties commissioned by the provider.
- The contract for the use of the cash.big7.com internet service is concluded for an indefinite period and can be terminated by either party at any time without notice. The advertising partner should address the termination to: Wire7 Tech GmbH, Stadthausbrücke 5, 20355 Hamburg, Germany -
- The right to extraordinary termination for good cause remains unaffected. Good cause exists if, considering all circumstances of the individual case
and weighing the interests of both parties, the terminating party cannot reasonably be expected to continue the contractual relationship until the
agreed termination or until the expiry of a notice period. Good cause includes, in particular:
- A significant breach of essential provisions of these GTC, which is not remedied even after setting a deadline or is repeatedly committed, making the continuation of the contractual relationship impossible or unreasonable;
- Re-registering during an ongoing suspension;
- If enforcement proceedings have been initiated against the entire assets or a substantial part of the other party's assets, or if there are grounds for opening insolvency proceedings against the other party, such proceedings have been rejected for lack of assets, an insolvency application has been filed against the other party, or the other party has provided a sworn statement about their assets.
- In the event of a justified extraordinary termination of the usage contract by the provider, the advertising partner is not entitled to create a new user account for cash.big7.com.
- Terminations can be made in writing or in text form (e.g., email).
- If the contract is terminated, the advertising partner will lose access to their user account and the assignment to customers referred by the advertising partner, and any existing commission claim will expire. Upon termination of the contract, the provider's obligation to store data posted by the advertising partner also ends.
- 1. The provider reserves the right to change these GTC at any time without giving reasons, unless this is unreasonable for the advertising partner. The provider will notify the advertising partner of changes to the GTC in good time in text form. If the advertising partner does not object to the validity of the new GTC within a period of four weeks after notification, the amended GTC shall be deemed accepted by the advertising partner. The provider will inform the advertising partner in the notification of their right to object and the significance of the objection period. If the advertising partner objects to the changes within the aforementioned period, the contractual relationship will continue under the original conditions.
- 2. The provider also reserves the right to change these GTC:
- - If obliged to do so due to a change in the legal situation;
- - To comply with a court ruling or an official decision;
- - If the provider introduces additional, entirely new services, services, or service elements that require a service description in the GTC, unless the previous usage relationship is adversely changed thereby;
- - If the change is advantageous for the advertising partner; or
- - If the change is purely technical or procedural, unless it has significant effects on the advertising partner.
- 3. The right to terminate according to § 9 remains unaffected.
All legal relationships between the parties are governed by the law of the Federal Republic of Germany.
If the advertising partner is a merchant, a legal entity under public law, or a special fund under public law with its registered office in the territory of the Federal Republic of Germany, the exclusive jurisdiction for all disputes arising from this contract is the provider's place of business. If the advertising partner's registered office is outside the territory of the Federal Republic of Germany, the provider's place of business is the exclusive jurisdiction for all disputes arising from this contract if the contract or claims arising from the contract can be attributed to the advertising partner's professional or commercial activity. In the aforementioned cases, however, the provider is also entitled to call upon the court at the advertising partner's registered office.
If individual provisions of the contract concluded between the parties are or become wholly or partially invalid, this shall not affect the validity of the remaining provisions of this contract. The wholly or partially invalid provision shall be replaced by a provision that comes as close as possible to the economic purpose of the invalid provision in a legally permissible manner. The same applies to filling any contractual gaps.