AGB

Terms and Conditions
   
1.1 These general terms and conditions apply to all contracts and business contacts in connection with our range of services.
 
2.2 Deviations from these general terms and conditions shall only apply if they have been confirmed in writing.
 
2.3 We expressly reject the validity of any other general terms and conditions. This applies to general terms and conditions for advertisers and publishers.
 
2.4 These General Terms and Conditions may change at any time. If you do not agree with the changes, you will need to inform us within two weeks of the change. Once we have confirmed receipt of your denial of acceptance, your contractual relationship with Momo-Net GmbH ends.
 
3. Conclusion of Contract
 
3.1 All our offers are subject to change and are to be understood as an invitation to submit an offer by the advertiser or by the publisher.
 
3.2 This contract is accepted when we confirm an order or a contract offer. This can be done by e-mail or by activating the account. We reserve teh right to, at any time, reject the acceptance of a contract offer. This applies in particular if the websites of the advertiser or the content of the publisher do not comply with our performance guidelines.
 
4. General Provisions
 
4.1 On behalf of an advertiser we search websites and publish suitable placements on these websites. This is done exclusively through our advertising platform.
 
4.2 We offer our services exclusively without guarantee of success. We are therefore not obligated to reach or maintain certain insertions or click numbers. Since we have no influence on the technical accessibility of the Internet, we cannot guarantee the constant accessibility of our service offerings.
 
We also cannot guarantee that our contractual partners offer their websites in conformity with the law. We are therefore not responsible for legal violations committed by our contractual partners.
 
4.3 We may exclude any ad and any website from our service or adapt an ad to our needs without the express consent of the advertiser or publisher. The advertiser and the publisher shall not be entitled to any claim for damages in this respect even in the event of such adaptation or exclusion.
 
4.4 We may limit or temporarily suspend the service to carry out technical maintenance work and/or to implement legal requirements. In this case, the advertiser and the publisher shall not be entitled to claim damages.
 
4.5 We may transfer the rights and obligations of this contract to third parties. This applies in particular in connection with the sale of our company.
 
5. Use of Accounts
 
5.1 The use of our service is only permitted to persons who are at least 18 years old. Use is limited to one account advertiser and one publisher account per person or company. Use of our services declares that he/she is at least 18 years of age and is allowed to use our service. We may, at any time, refuse to create an account or close accounts already created. Advertisers and Publishers are not entitled to claim for damages in this respect.
 
5.2 Advertisers and Publishers will receive a user name and password un connection with using our service. The Username and Password must be kept safe and may not be disclosed to third parties. In the event of unlawful disclosure of the username and/or password, the account holder is liable for any abuse of rights. All account holders guarantee that in the event of the user name and/or password being lost, they will notify us immediately.
 
5.3 Advertisers and publishers are responsible for the use of the account provided by us. We are not liable for lost sales, profits or damages resulting from misuse or theft of the username and/or password.
 
5.4 Advertisers and publishers can close their account at any time. Any credit balances within the account will then be refunded by us. Costs incurred in loading the account will be deducted from any remaining credit.
 
5.5 We are exclusively entitled to all trademark and copyright rights. Advertising customers and publishers only receive a simple and non-transferable right of use to use our services.
 
6. Liability
 
6.1 We are not responsible for revenue losses of the advertiser or publisher unless the revenue loss is caused by us intentionally or through gross negligence. In this case, however, our liability is limited to the foreseeable damage within the scope of the main obligation to perform.

6.2 The total amount of liability on our part is limited to € 100.00 per incident. A series of incidents shall be deemed a single incident.
 
6.3 Liability is limited to the amount paid by the advertiser and/or publisher for the respective advertising service. We are not liable for consequential damages.
 
6.4 We are not responsible for damages caused by third parties, even if they use our service.
 
7. Contract Period
 
7.1 The contract length is an ongoing period. It can be terminated with a four week notice.
 
7.2 We may terminate the contract in whole, or in part, immediately if the Advertiser and/or Publisher breaches contractual obligations or violates applicable laws - in particular criminal laws.
 
7.3 Such termination does not release the advertiser and/or the publisher from their contractual commitments.
 
8. Data Protection
 
8.1 We use the personal data provided to us exclusively in connection with the performance of our service and to process the account. E-mail addresses provided to us can be used to resend a forgotten password.
 
9. Final Provisions
 
9.1 This contract is subject to Swiss Law.
 
9.2 Any disputes arising from this contract or about these General Terms and Conditions of Business shall be settled before the District Court of Rorschach or the Cantonal Court of St. Gallen.
 
Special Provisions for Advertisers
 
10. Advertisements
 
10.1 Advertisements must comply with the technical requirements we specify. These requirements may be adjusted from time to time. We are entitled, but not obligated, to submit the advertisements for approval before they are placed. In any case, the advertiser remains fully responsible for the content and form of his advertisement, in particular with regard to possible infringements of rights against third parties.
 
10.2 Advertiser agrees that advertisements of other advertisers, including competitors, may be placed alongside his advertisement. We cannot guarantee specific places on websites where the advertisement appears.
 

10.3 Advertisement Landing Pages Guidelines
  • A landing page may have no more than ONE pop-open event / window (Pop-up or pop-under)
  • If a landing page contains a pop-open event / window, the new window may NOT contain a pop-open event / window (pop-up or pop-under)
  • If a landing page contains a pop-open event / window, the new window may NOT contain a redirect.

We will not approve campaigns that contain this behavior.

Campaigns found violating these guidelines will be suspended.

11. Advertiser Guarantees
 
11.1 You, the Advertiser, agree to comply with all requirements that we require in order to place an advertisement in our service.
 
11.2 You, the Advertiser, agree to transfer to us the right to use the advertisement submitted by him within the scope of our service. The advertiser guarantees that his advertisements do not violate the rights of third parties and that he is authorized to use advertisement within the scope of our service.
 
11.3 You, the Advertiser, guarantee that the material he/she submits does not infringe any rights. This includes in particular the following restrictions:
 
  • Child Pornography
  • Sexual Abuse Content
  • Sexual Acts with Animals
  • Attacks, Violence, or Discriminatory Content
  • Pictures of a Person without their consent
  • Pictures related to the violation of criminal law
  • Promotion of Spyware, Scareware, stealth dialers, and other illegal software
  • Illegal activities such as spam, phishing, or URL Spoofing
 
11.4 Advertisers must provide us with the following information about the content they publish:
 
1. Provision of AVS (Age Verfication System)
2. Content Availability without AVS
3. Special Contnet (IE: Golden Shower, Shitting und Sadomasochismus)
 
You must notify us at least seven business days before any and all changes in content and technical conditions.
 
11.5 Advertiser indemnifies us against any liability that third parties may claim against us in connection with the guarantees given by him. This also includes the costs of legal action and damages.
 
 
12. Costs and Payments
 
12.1 The advertiser pays his invoices in accordance with the general terms of payment, which are available separately on our website and which may be amended from time to time.
 
12.2 The advertiser can pay the amounts due by credit card, Paypal or bank transfer. Advertisements will only be placed if the customer's account has sufficient funds.
 
12.3 We are entitled to charge payment fees. A payment fee, or surcharge, will not be charged if payment is made in advance by bank transfer. The fees for the respective payment transaction are displayed in the system with each payment transaction.
 
12.4 Our system offers an "automatic billing" option. This can be activated by the advertiser. When active, the advertiser account is automatically topped up if a campaign is active and the account no longer has sufficient funds. The advertising customer can define the amount by which the automatic top-up is to take place in the system. The advertiser can deactivate automatic topping up at any time.
 
12.5 If a completed payment is subsequently cancelled or reversed for any reason (for example, due to insufficient funds in the account or charge-back to the credit card payment) the advertiser shall be liable for the associated costs. In the case of bank return debits, these costs amount to at no less than 10 Euros, and in the case of cancellation of credit card payments, the costs amount is no less than 50 Euros.
 
12.6 We place ads depending on the available balance of the respective account. If an account does not have a sufficient balance, the advertisement will not be placed or switched off. The advertiser is responsible for ensuring that his account has the required balance or that the "automatic billing" mentioned in 12.4 is activated.
 
12.5 Offsetting is only permitted if the corresponding claim is undisputed or has been legally established by a court of law. Already paid invoices in connection with placed advertisements will not be refunded.
 
Spezielle Bedingungen für Herausgeber
 
13. Advertisement Delivery
 
13.1 We do not guarantee that the advertisements displayed will always be related to the content of the respective website. If we find such advertisements in our system, we will fill the available space with other advertisements as much as possible.
 
13.2 We do not guarantee a number of visitors, clicks or conversions.
 
14. Publisher Responsibility
 
14.1 The Publisher must comply with all guidelines that we issue or make known. In any event, no more than four advertisements may be placed on any one web page and the web page may not consist predominantly of advertisements. Changes to the ad code are not permitted. The Publisher is generally prohibited from adapting advertisements. If the publisher has modified advertisements, this is done at his own risk. We exclude any liability for such manipulations.
 
14.2 The Publisher must register each of his domains in which he wishes to include advertisements on the system and have them activated by the Administrator. The Administrator also decides independently which quality category the domain falls into. Each ad size must be created separately for each domain. It is not allowed to use the ad code of one domain on another domain - it is however possible to use the same ad code several times within the same domain.
 
14.3 The Publisher is not permitted to use our service fraudulently or have it used by third parties. This applies, for example, to the generation of clicks on advertisements with fraudulent intent, for example, by using robots or similar mechanisms. The publisher guarantees that he will at all times respect the rights of third parties - in particular copyright and trademark rights - in connection with the advertising campaign.
 
14.4 The Publisher guarantees that the content on his website and the services do not violate any legal regulations. This applies in particular to the following content:
 
  • Child Pornography
  • Sexual Abuse Content
  • Sexual Acts with Animals
  • Attacks, Violence, or Discriminatory Content
  • Pictures of a Person without their consent
  • Pictures related to the violation of criminal law
  • Promotion of Spyware, Scareware, stealth dialers, and other illegal software
  • Illegal activities such as spam, phishing, or URL Spoofing
 
14.5 The Publisher must provide the following information about the Content permitted on its Website:
 
  • The type of content that may be published in advertisements without AVS (hardcore or softcore)
  • Special types of content (IE: golden shower, shitting, and sadomasochism)
 
14.6 In the event of a breach of the agreements in these General Terms and Conditions, or in the event of a breach of legal regulations, we are entitled to refuse payouts and to block the account permanently or temporarily. We are further entitled to offset payment claims of the publisher against claims for damages from us or third parties. The publisher releases us from any liability that third parties may assert against us due to the violation of a right in connection with the use of our service. This also includes legal costs and claims for damages.
 
14.7 In case of termination of the contractual relationship, the publisher must delete all advertisements from his website.
 
15. Commission and Payment
 
15.1 The Publisher will receive the payouts due to him on the basis of a commission table which will be published separately on our website and which may be adjusted from time to time. The minimum payout amount is €200.00.
 
15.2 The monthly payout is payable six weeks after the end of the month in which the earnints were made. The Publisher receives automatic payments to his bank or Paypal account. A payout is only made if the minimum payout amount is reached.
 
These Terms and Conditions are valid from September 1, 2012 and remain in effect until revoked or amended.
 
Rorschacherberg, den 1.9.2012

MOMO-NET GmbH
Seeburgstrasse 16
CH-9404 Rorschacherberg
Entered in the commercial register of Sankt Gallen
Company ID: CH-249.4.004.288-5