The following General Terms and Conditions (“GTC”) govern the relationship between you (“you” or “your”) and PRODUCT PLACEMENT 4 YOU GmbH (“PP4Y”). Special terms are defined in the appendix to these GTC if they are not explained separately.

The GTC consist of the General Terms and Conditions for Influencers (“Influencer GTC”) and the General Terms and Conditions for Partners (“Partner GTC”), and together referred to as (“Users”).

PP4Y offers Partners the opportunity to post advertising collaborations in the form of Product Placement Offer, (“Offer”) on the INFLUENCER CITY GUIDE (“IFCG”) platform, which is available as both a website and an app. Influencers have the ability to view and accept Offers through the IFCG Platform in exchange for consideration.

Further services and advertising measures can also be booked via the IFCG platform. The service contents are precisely defined in the contract between PP4Y and the partner and are applied accordingly.

By using the IFCG platform, the user agrees to the GTC. PP4Y reserves the right to change the GTC at any time and will announce these changes on the IFCG platform and by e-mail. The user has the option to object to the amended terms and conditions of participation within two weeks. If he does not do so, he is deemed to have agreed to the changes. Otherwise the GTC remain unchanged, but PP4Y reserves the right to terminate this contract if its continuation is unreasonable.

The PP4Y GTC apply exclusively to the use of the IFCG platform and the offers. Deviating or supplementary general terms and conditions of the Partner and/or the Influencer are only considered part of the contract if PP4Y has expressly confirmed their validity. This requirement of consent always applies.

Individual agreements with the user made in individual cases (including subsidiary agreements, amendments and supplements) always take precedence over these GTC. The content of such agreements must be documented in writing, either by a written contract or by PP4Y’s written confirmation.

Legally relevant declarations and notifications which must be addressed to PP4Y after conclusion of the contract (e.g. notifications of defects, setting of deadlines, declaration of withdrawal or reduction) must be in writing in order to be effective. References to applicable statutory provisions are for clarification purposes only. Even without such clarification, the statutory provisions apply unless they are expressly amended or excluded in these GTC.

INFLUENCER GTC

1.) IFCG platform and contractual relationships
1.1 PP4Y provides a platform on which Partners can offer and Influencers can accept offers.
1.2 PP4Y acts only as an intermediary between Partners and Influencers and is not a contractual party or debtor with regard to the offers or their promises of performance.
1.3 The direct performance relationships between Influencer and Partner regarding the rights and obligations arising from an offer are regulated.
1.4 PP4Y does not assume any liability for the performance of the brokered offers and does not check them. The legal relationship regarding the offers exclusively concerns the Partner concerned and the Influencer. Contracts brokered via the platform have no legal effect vis-à-vis PP4Y. The Influencer can assert claims from the brokered contract exclusively against the Partner and no claims arise against PP4Y from the brokered contractual relationship.

2.) Registration, Use, Account
2.1 PP4Y offers Influencers a dedicated application called IFCG (also known as the IFCG Platform) through which they can claim offers from Partners.To benefit from PP4Y, Influencers must create an account on the IFCG Platform, either through the IFCG website or the IFCG App (called an “Account”).
2.2 When creating the Account, the Influencer agrees to provide truthful information and not to impersonate anyone else or use a name for which they are not authorised.
2.3 Influencers must be at least 16 years old to create an account. Exceptions can only be approved on the basis of a written request to PP4Y and PP4Y’s consent.
2.4 Influencer agrees to create only one account.
2.5 Influencers may link their social media accounts to IFCG if PP4Y provides the link for the relevant social media platform. In this case, users of IFCG will be able to see what content the Influencer has already published.
2.6 The Influencer is not permitted to transfer his/her account to third parties without written permission from PP4Y.
2.7 The Influencer is responsible for the security of his/her password and may not pass it on to third parties. Should the password nevertheless become known to third parties, the Influencer must change it as soon as possible.
2.8 The Influencer undertakes not to transmit any content with viruses, Trojans or other programmes that could endanger the PP4Y system. In the event of violations, the Influencer will be immediately excluded from participation in PP4Y and must pay for any damage caused by a culpable violation of his/her obligations.
2.9 The Influencer may not advertise or disseminate incorrect warnings of viruses, malfunctions, etc., and may not solicit participation in prize games, snowball systems, chain letters and pyramid games.
2.10 The Influencer is obliged to comply with and acknowledge the rules set out in the Influencer GTC and the offers each time he uses the IFCG Platform. In the event of violations, the Influencer may be excluded from using PP4Y with immediate effect and PP4Y reserves the right to assert claims for damages.
2.11 The Influencer can have his/her account deleted at any time by informing PP4Y of his/her wish by e-mail. The deletion will be carried out within 10 days.

3) Offer conditions
3.1 The terms and conditions for the Influencer regarding the Offers:
a) The Offers are formulated by the Partners in such a way that a specific performance is expected from the Influencer in order to fulfil the Partner’s objectives. This includes that the partner is always portrayed positively in the published postings (including story and feed postings) and in the corresponding comments. The partner describes the offer as precisely as possible and specifies which social media channel (e.g. Instagram, TikTok), which medium (e.g. video, story, photo), what is to be shown (e.g. product placement) and the type of content (text, tags) etc. to be used. The offers are individually formulated and contain information about the expected return service of the partner, which can be specified, for example, in the form of free services, products.
b) The Partner offers published by PP4Y represent non-binding offers to Influencers to accept an offer. Registered Influencers can apply for the offer by accepting the offer on the IFCG Platform. If the Partner accepts the Influencer’s application, the offer and thus a contract between Partner and Influencer on the offer is concluded. A contract on an offer can also be concluded if an Influencer scans a code directly at a Partner or enters it manually at the Partner’s location, provided the offer has been released and accepted by the Influencer.
c) Upon acceptance of an Offer, the Influencer is obliged to fulfil the Offer in accordance with the Offer Terms of the IFCG Platform. The Offer Terms require the Influencer to publish text, images and/or video on its social media channels for a specified period of time and in a specified length (e.g. length of an Instagram Story) (collectively, “Posts”).
Unless otherwise described in the Offer Terms, the Influencer must comply with the following conditions:

– A Post on Social Media must be visible for at least 3 months (unless otherwise described by the Partner) without being archived or deleted. The use of keywords, links and content, in particular the image or video recordings on the social media accounts, must comply exactly with the Partner requirements of the IFCG Platform and the General Terms and Conditions. Social media profiles, especially social media accounts (e.g. Instagram, TikTok), must be publicly accessible and not set to private.

– Posts must be published within 4 days (unless otherwise described by the Partner) of the receipt of the consideration, such as the receipt of a product or a visit to a Partner location. Posting in relation to an IFCG offer must not be linked to other collaborations and must focus on the partner (and their products/services). If an Influencer does not receive a product/services from the Partner within 2 weeks of placing an order, they must report this to PP4Y.

– Double postings do not release the Influencer from the obligation to keep a post online and publicly available for at least 3 months (unless otherwise described by the Partner). Each redemption of an offer requires a new post, even if the same offer has already been accepted and a post created.

– Story posts must be saved and sent along with story statistics upon request by PP4Y. Image captures, social media stories and insights must be sent upon request from PP4Y or the partner.

– In the event of a negative experience with a Partner, the Influencer must contact PP4Y prior to publication.

The terms and conditions of an Offer may be adjusted, extended or amended in the IFCG Platform through the Offer Terms. If the Offer Terms and Conditions and the Influencer Terms and Conditions are in conflict, the Offer Terms and Conditions shall prevail.

3.2 Consideration:
The IFCG Platform contains the terms and conditions of each offer that describe what kind of consideration the Influencer will receive for the service provided. This can be, among others, a service or a product.
3.2.1 Products/Services: The Influencer receives the products described in the terms of the offer and may keep them after the offer has been fulfilled. In the case of services, the Influencer may use the services described in the terms of the offer for the specified period of time.
Further details on the consideration can be found in section 6 of the Influencer GTCs.

4) Rights and obligations of the contracting parties
4.1 The Influencer shall not delete and publicly withhold any Content of any kind from any social media channel without the express consent of PP4Y or the Partner prior to the expiry of any existing time limit, if any.
4.2 The Influencer will contact the Partners directly to request the offer or to renegotiate the collaboration.
4.3 If the Influencer violates the specifications in the offer conditions or the GTC, PP4Y or the Partner has the right to exclude him/her from the respective offer and to no longer grant any consideration.
4.4 If the Influencer violates the obligations in the offer conditions, in particular through the non-publication or insufficient publication of the agreed content, PP4Y is entitled to claim the costs of the service or product, including shipping costs, as well as the resulting damage, plus a processing fee of up to EUR 50, from the Influencer.
4.5 As the operator of the IFCG platform, PP4Y reserves the right to exclude Influencers from using the IFCG platform if a breach of the general terms of use or specific offer conditions is established. Likewise, PP4Y may come to the conclusion that the content of an Influencer’s account or one of its social media channels and their public appearance is not compatible with the offer of PP4Y or the Partner. There is no entitlement to participate in an offer via the IFCG platform.
4.6 Influencers are obliged to attach required labels to the content if this is required by law, in particular the labelling as “advertising”. It is the responsibility of the Influencer to inform themselves about these regulations. The Influencer indemnifies PP4Y and the Partner from any obligations resulting from a lack of labelling.
4.7 As an operator and partner of PP4Y, it is permitted to insert so-called tracking links in the posts published by the Influencers in order to track and analyse the clicks on a post.

5.) Copyright and other ancillary copyrights
5.1 The Influencer gives PP4Y an exclusive, unlimited right to use the content created, including all texts, images and/or film material. Excluded from this exclusivity is the right of the Influencer to publish the posts created in the offer on his other social media channels. The authorship of the Influencer is acknowledged. The Influencer assigns to PP4Y all rights to the Content, including the right to publish, upload to review portals and internet directories, publish on their own websites and social media channels, including unannounced reposts, and use a post for a partner’s social media channels. The Influencer allows PP4Y unlimited further use and exploitation of the content in terms of time and space. The Influencer permanently waives his/her right to author identification. The Influencer also allows PP4Y to grant sub-licences to the respective partners to the extent described.
5.2 Upon conclusion of the contract, the Influencer confirms that he/she holds all rights to the texts, emojis, photos, graphics, videos, texts or other materials used by him/her in the contribution. This refers in particular to copyright as well as all other property rights, trademark rights, database rights and rights to one’s own image. The right to use the Partner’s advertised brand or business label for the creation and publication of the offer is granted to him by PP4Y in a sub-licence.
5.3 The Influencer must ensure that no material is used in the creation of the content that violates criminal law or is offensive, inciting, pornographic or extremist. This also applies to statements made by the Influencer.
5.4 Should the Influencer violate these requirements, PP4Y reserves the right to terminate the contract. The Influencer must indemnify PP4Y against all third party claims arising from his/her actions. Furthermore, he is obliged to compensate PP4Y for any damage caused by a breach of these obligations.

6.) Consideration
6.1 The Partner shall provide the agreed consideration to the Influencer in accordance with the conditions defined in the offer.
6.2 In the case of remuneration by product or service: The Influencer may use the product or service provided for his own purposes after completion of the offer. Beyond this, he has no claim to remuneration or other benefits either against PP4Y or the Partner.

7.) Warranty
7.1 The Influencer has no claim that the IFCG Platform or the Offers will be available without interruption. From time to time, access to the Platform, Website or App may be interrupted to allow for maintenance, servicing or the addition of new features or services. The Influencer is not entitled to compensation if access to the PP4Y Service is not possible due to reasons such as force majeure or maintenance work or if the Partner changes or abandons Offers.

7.2 The statutory provisions apply to claims based on material defects and defects of title, unless otherwise stipulated in these GTCs.
7.3 PP4Y assumes no responsibility for the correct data collection of the Partner’s tracking link.
7.4 The Influencer guarantees that the Partner and PP4Y can use the contribution without infringing the rights of third parties. In all other cases, the statutory provisions on warranty for material defects and defects of title apply.

8.) Liability
8.1 PP4Y is only liable in the cases prescribed by law such as intent and gross negligence. In the case of slight negligence PP4Y is only liable if essential contractual obligations have been breached or if it is a matter of impossibility for which PP4Y is responsible or if there is a delay. The liability is limited to the damage typical for the contract, which PP4Y had expected as possible damage at the conclusion of the contract. PP4Y is liable without limitation for damages provided for by legal regulations such as the Product Liability Act. The Influencer is obliged to hold himself harmless towards the Partner for damages arising in connection with offers and counter-performance. PP4Y is not liable for damages arising in connection with the use of a counter-performance.

8.2 In the event of loss of data, PP4Y is only liable in accordance with the above paragraphs and only if such loss could not have been avoided by reasonable data backup measures on the part of the Influencer.
8.3 The limitations of liability also apply to PP4Y’s agents.
8.4 There is no further liability on the part of PP4Y, in particular PP4Y is not liable for damage in connection with the consideration or for content posted by the partners or Influencers, unless PP4Y makes it its own by passing it on. In particular, PP4Y is not liable for the lack of labelling of the supplied content as advertising or permanent advertising.
8.5 The Influencer is liable to PP4Y for breaches of its obligations under this contract, in particular in accordance with § 4, if PP4Y is held liable due to breaches by the Influencer.

9.) Secrecy
9.1 The Influencer undertakes to maintain absolute secrecy about all offers and quotations and to treat this information with the utmost confidentiality. This refers both to the offers published by PP4Y and to all information which the Influencer receives from the partners. This includes, but is not limited to, the name of the partner, the type of offer, PP4Y’s IFCG platform and specific requirements and requests regarding the offer. However, the Influencer may generally recommend PP4Y and the IFCG Platform to other Influencers.

9.2 Under no circumstances may the Influencer disseminate, announce or otherwise publish this information on the internet, in particular on social networks and media.
9.3 The following information is exempt from this obligation:
9.3.1 Information that was already known to the Influencer or subsequently becomes known to the Influencer by a third person without violating any agreement of confidentiality, legal regulations or official orders;
9.3.2 Information that is in the public domain at the time of acceptance of the Offer or thereafter becomes in the public domain, so long as this does not occur as a result of a breach of this Agreement;
9.3.3 information required to be disclosed by law or by order of a court or governmental authority. In the event that disclosure is required, the Recipient shall, to the extent permissible and practicable, give the other party advance notice and an opportunity to oppose such disclosure.
9.4 Any culpable breach of these regulations will result in a contractual penalty of 30% of the agreed remuneration. Further claims of PP4Y remain unaffected by this.

10.) Data processing
10.1 PP4Y collects data from the Influencer in the course of business and the provision of its IFCG platform. In doing so, PP4Y pays particular attention to the applicable German data protection laws including the Basic Data Protection Regulation and the Telemedia Act. Inventory and usage data are only collected, processed or used without the consent of the Influencer if this is necessary for the implementation of the contractual relationship and for the use and billing of telemedia.

10.2 Without the express consent of the Influencer, PP4Y will not use the data of the Influencer for the purposes of advertising, market research or opinion research. However, the Influencer hereby agrees that PP4Y may collect data on the location of the Influencer (so-called geolocation data) and send the Influencer marketing materials, such as newsletters, directly or via third parties to the Influencer’s contact address on file with PP4Y.
10.3 The Influencer can retrieve, change or delete his stored data or his consent under point 2 in his profile at any time. Further information on data collection, processing and use can be found in PP4Y’s privacy policy, which is available in printable form on the IFCG Platform website at any time.

11.) Final provisions
11.1 The laws of the Federal Republic of Germany, without application of the UN Sales Convention, govern the contracts between PP4Y and the Influencer. The exclusive use of the English language is agreed in the contracts.
11.2 For all disputes arising from the contractual relationship between the Influencer and PP4A, Berlin shall be the place of jurisdiction if the Influencer is an entrepreneur. In the event of unfavourable experiences with partners, the Influencer is encouraged to contact PP4Y first.
11.3 Should any provision of these GTC be invalid in whole or in part, this will not affect the validity of the remaining provisions. Instead, the applicable laws will take the place of the invalid clauses.

PARTNER GTC

1.) General
1.1 These General Terms and Conditions (GTC) apply to all business relationships between PP4Y and its partners, which are concluded via the IFCG platform, by e-mail, telephone or personal contact. Only entrepreneurs (§ 14 BGB), legal entities under public law or a special fund under public law can conclude a contract with PP4Y.
1.2 PP4Y offers its partners a platform on which they can make offers that require the publication of posts on social media channels. The orders are received by PP4Y and selected by Influencers who can accept these offers. The influencers create the posts according to the partners’ specifications and publish them.
PP4Y also offers other services that are specified in the respective contract with the client. In some cases, PP4Y uses third-party programmes and services to fulfil the partner’s requirements. In this case, the partner expressly agrees to the transmission of his contact data to these third-party providers and also accepts their data processing guidelines.
1.3 The PP4Y GTC apply exclusively. Deviating, conflicting or supplementary conditions of the partner only become part of the contract if PP4Y has expressly confirmed their validity. This requirement of consent applies in any case.
1.4 Should there be individual agreements with the Partner made in individual cases, these always take precedence over the general terms and conditions of PP4Y. The content of such agreements is exclusively recorded in a written contract or in a written confirmation from PP4Y.
1.5 All legally relevant declarations and notifications which the partner must forward to PP4Y after conclusion of the contract must be in writing in order to be effective. This applies, for example, to setting deadlines, notices of defects or declarations of withdrawal.
1.6 References to the applicability of statutory provisions are for clarification purposes only. Even without such references, the statutory provisions shall apply unless they are expressly amended or excluded in the General Terms and Conditions.

2.) Registration, use, account
2.1 Registration and conclusion of the contract include the obligation of the Partner to provide truthful information and not to impersonate another person or use a name for which he is not authorised to use.
2.2 The Partner is obliged to create only one account.
2.3 The Partner is prohibited from transferring his Account to third parties without written permission.
2.4 The Partner is responsible for the security of his password. It is not permitted to pass on the password to third parties. Should the password become known to third parties, the Partner is obliged to change it immediately. In this context, the Partner is also responsible for the conduct of its employees and must instruct them appropriately.
2.5 The Partner undertakes not to transmit any content that contains viruses, Trojans or other programming that can damage PP4Y’s system. In the event of a breach, the Partner will be immediately excluded from participation in PP4Y and will compensate PP4Y for any damage caused by any culpable breach of these obligations.
2.6 The Partner undertakes not to disseminate or advertise any inappropriate content, such as inaccurate warnings of viruses, malfunctions or similar, and also not to solicit participation in competitions, chain letter campaigns, pyramid games or comparable activities.
2.7 When using the IFCG Platform, the Partner must comply with and accept the rules set out in the Conditions of Participation. In the event of violations of these rules, the Partner may be immediately excluded from using PP4Y.
2.8 The Partner can initiate the deletion of his user account at any time by informing PP4Y of this by e-mail. The deletion will be carried out within 10 days. However, deletion of the user account does not imply the end of the contractual relationship between PP4Y and the partner, even if this means that some functions of the service are no longer available to the partner.

3.) Conclusion of contract, description of services
3.1 A legally effective contract only comes into force if the partner is an entrepreneur, a legal entity under public law or a public special fund. In the case of an order by a consumer PP4Y reserves the right to withdraw the acceptance within 14 days from knowledge of the consumer status.
3.1.1 The terms of the contracts between PP4Y and the Partner are defined in the respective package, which can be selected and purchased by the Partner on the IFCG platform. Various packages with different services, terms and prices are available to the partner. Contracts end automatically with the agreed term. Early termination is therefore not necessary.
3.1.2 The billing period begins with the purchase of a package by the Partner and the start of service provision by PP4Y. This can happen either with the setting of an “offer” on the IFCG platform or with the creation of a user account for the Partner on the IFCG platform.
3.1.3 It is not possible to suspend PP4Y’s service provision or the billing period during the process. In exceptional cases, however, a suspension can be agreed, provided PP4Y agrees to this. The basis of the contract will also not be affected in the event of any closures of the business.
3.1.4 The prices for the services provided by PP4Y will be determined in the respective package with the partner.
3.1.5 A booking of the services of PP4Y by the Partner via the IFCG platform also leads to a valid contract. The current prices and the valid contract duration are displayed to the partner on the IFCG platform and confirmed by his booking.
3.1.6 In order to post a product placement offer, the partner must do so on the IFCG platform.

3.2 Product Placement Offer
3.2.1 The product placement offer allows the partner to make a choice for which social media channel they would like to create their offer. In doing so, the partner can choose from different video or content types, such as an Instagram Story, a photo or a video. PP4Y defines the types and categories of available channels and file types and reserves the right to change these at any time if it is necessary for the design of the offer. The partner has no claim to have the offer created in a specific file type. In addition, the Partner may describe in detail its wishes regarding the content and appearance of the offer in its offer. The Partner must provide a consideration for the published offer.
3.2.2 The aforementioned offer is deemed to be a binding contractual offer.

3.2.3 PP4Y checks the offer after receipt to verify whether the desired offer is feasible. In particular, PP4Y reserves the right to check offensive, racist, defamatory or criminal content. If such content is present, a notification will be sent about the impossibility to produce the ordered offer. An acceptance of the offer will then not take place. If PP4Y is ready to produce the requested offer after checking the offer, the partner’s offer will be published on the IFCG platform.

3.2.4 Registered influencers can view the offer on the IFCG platform so that they can review the offer and apply for implementation. If influencers show interest, they apply directly to the partner via the IFCG platform or by mail. The acceptance or rejection of the interest of an Influencer by the Partner must take place immediately. In the event of acceptance, the consideration due in accordance with § 6 of the General Terms and Conditions for Influencers shall become due immediately. If the Partner rejects the Influencer’s interest, it may receive new expressions of interest from other Influencers at any time. The Partner may also decide to provide offers directly to Influencers without prior approval.

3.2.5 After using the offer, the Influencer will create their post and publish it on their social media channels. The Partner cannot invoke deviations if it has not provided sufficient instructions for the creation of the post in advance.
3.2.6 Complaints about the created post must be reported to the Influencer within one week. If the Partner does not make any complaints within this period, the Post created will be deemed to have been accepted after the expiry of this period.

4.) Withdrawal from product placement offers
Influencers who show interest apply directly to the Partner via the IFCG platform or by e-mail. The Partner has the choice whether to accept or decline the Influencer.

5.) Copyright
5.1 After completion of the post by the Influencer, PP4Y undertakes to make the intellectual property of the content of the post available to the Partner in an appropriate form.
5.2 The partner receives only a limited right of use with regard to the content of the post, which enables him to share the post on his own social media channels and embed it on his own website. In doing so, the Partner must always appropriately name the author. The Partner shall not be entitled to any further rights of use, in particular the right to publish, distribute or make publicly available. A separate agreement with PP4Y is required for a transfer of rights of use. PP4Y guarantees that it holds all transferable rights to the content and indemnifies the partner against all claims of the producing Influencer with regard to copyright.
5.3 The partner transfers to PP4Y a simple right of use to the relevant brand or company logo as well as to all other intellectual property rights. The partner confirms on conclusion of the contract that PP4Y may dispose of all industrial property rights and intellectual property rights in connection with the partner, in particular with regard to the contents of the product placement offers. The partner expressly releases PP4Y from all possibly existing claims of third parties in this respect. The right of use is limited to the duration of the offer and its publication on the social media channels of the Influencer. PP4Y is entitled to grant the producing Influencer a corresponding sub-licence.

6.) Fee
6.1 The fees for the use of the IFCG platform can be seen in the marketing materials used by PP4Y and are determined according to the package booked. As a rule, these are monthly fixed prices or one-off payments. PP4Y and its partners can also make individual agreements on fees, which are recorded contractually.
6.2 The prices stated on the IFCG platform are net, i.e. without VAT.

6.3 The fees are due upon purchase of the booked package, unless otherwise agreed.
6.4 The Partner has the option to pay by Credit card, PayPal, Sofort or EPS.

7.) Warranty
7.1 The Partner has no right to uninterrupted availability of the IFCG Platform. Occasionally, access to the IFCG Platform may be interrupted or restricted to allow for maintenance work or the introduction of new features and services. There is no right to compensation if access to PP4Y is not possible due to this or force majeure.
7.2 The Partner waives any rights of withdrawal in the event of defects, unless these are legally binding rights.
7.3 Liability for defects is based on the agreement on the characteristics of the contribution made within the IFCG platform. The Partner’s descriptions within the IFCG Platform are deemed to be the agreement on the property.
7.4 PP4Y guarantees the agreed property. If the contribution corresponds to the specifications and descriptions of the partner, the partner cannot assert the rejection of the contribution, unless it is a matter of deviations which significantly affect the agreed property and there are only complaints in relation to the presentation of the contribution which do not affect the agreed property. This applies in particular if the Partner has not made any specifications in its offer for the parts of the contribution that are the subject of complaint.
7.5 As soon as the partner receives a product placement offer post, the partner must immediately check it for obvious errors and inform the Influencer immediately if such errors exist. If he does not do this, a guarantee for such errors is excluded. This applies both to the technical usability of the content and to the agreed quality in terms of content, graphics and art. The same applies if such a defect later becomes apparent. The German Commercial Code (§ 377 HGB) shall apply.
7.6 The Partner’s right to reduce the price or withdraw from the contract at its discretion in the event of a one-off failure in the rectification or replacement delivery shall remain unaffected. There is no right of withdrawal in the case of insignificant errors. If the Partner claims damages or compensation for useless expenditure, PP4Y is liable in accordance with § 7 of these Partner GTC.
7.7 Warranty claims based on material defects become time-barred within one year. The limitation period begins with the transfer of the content by providing the link. For claims for damages and claims for compensation for useless expenditure § 8 applies.

8.) Liability
8.1 PP4Y is only liable without limitation for intent and gross negligence. In the case of slight negligence, however, liability is only accepted in the event of a breach of obligations essential to the contract and in the event of impossibility and delay for which we are responsible. Liability is limited to the damage typical for the contract at the time of conclusion of the contract. In addition, PP4Y is liable without limitation for damages provided for by legal regulations such as the Product Liability Act.
8.2 In the event of loss of data, PP4Y is only liable in accordance with the above-mentioned conditions if such a loss could not have been avoided despite reasonable data protection measures by the partner.
8.3 The limitations of liability also apply to our auxiliary persons.

8.4 PP4Y is not liable for damage caused by content posted by partners or influencers, unless PP4Y has made this content its own by passing it on to third parties.

8.5 PP4Y is not liable for the lack of labelling of the contribution marked as advertising or continuous advertising. Should the Partner wish such labelling, he must inform the Influencer of this. The Partner hereby expressly releases PP4Y from any responsibility that may result from a lack of labelling.
8.6 If the Partner sends materials, products or items to the Influencer for the creation of the Post, the Influencer is solely responsible for their condition and return. PP4Y does not assume any responsibility or guarantee for materials, products or items given to the Influencer.

9.) Contractual penalty
If the Partner enters into a contract for an offer directly with the Influencer without using our service offer, after the offers of the Influencers have been transmitted to the Partner through mediation via the IFCG Platform, by e-mail or telephone, and/or enters into a contract for the creation of a further offer within 6 months after completion of a Product Placement offer and provision to the Partner, which is no longer covered by the offers originally created with the assistance of the IFCG Platform, a contractual penalty in the amount of EUR 1,000 (one thousand euros) per violation shall be due.

10.) Customer reference
10.1 Unless otherwise agreed or expressly objected to, by entering into the Agreement, the Partner agrees to serve as a reference for PP4Y. References may be presented in both digital and non-digital form and may include the Partner’s company, logo and other publicly known information such as industry.
10.2 The partner may request the removal of the reference if the last order placed was at least five years ago or if personal data is involved. Consent may be revoked at any time. In this case, reference is made to the data protection provisions. Also if special operational concerns of the partner, in particular company secrets, are affected, the partner is entitled to removal.
10.3 Should PP4Y be obliged to remove the reference, the partner grants a period of one month for easily modifiable uses such as websites, e-mails, social media channels etc. and a period of six months for all other uses to remove the reference.

11.) Secrecy
11.1 The Partner undertakes to maintain secrecy about offers in relation to all offers (product placement offer) and to treat all related information confidentially. This includes in particular information about the participating Influencers, agreed prices and in particular also about the IFCG platform itself. This also includes the name of the Influencer, the type of offer and the content of the agreements between Influencer and Partner.
11.2 The Partner is in particular prohibited from disseminating, announcing or otherwise publishing this information on the internet, in particular in social networks and media.
11.3 The following information about the offers is excluded from this obligation:
a) Information that is already known to the Partner or subsequently becomes known by a third party without violating the confidentiality agreement, legal regulations or official orders;
b) information which is publicly known or thereafter becomes publicly known, provided that this does not occur as a result of a breach of this Agreement;
c) information that must be disclosed due to legal obligations or a judicial or official order. To the extent permissible and possible, the recipient who is obliged to disclose will inform the other party in advance and give him/her the opportunity to oppose the disclosure; or
d) information which the Influencer and/or PP4Y has consented to be disclosed (e.g. naming the Influencer in a repost).
11.4 Any culpable breach of these regulations will result in a contractual penalty of 30% of the agreed remuneration. Further claims by PP4Y remain unaffected by this.

12.) Notes on the data agreement
12.1 PP4Y collects data of the partner within the framework of the implementation of contracts. In doing so, PP4Y pays particular attention to the regulations of the Basic Data Protection Regulation (DSGVO), the Federal Data Protection Act and the Telemedia Act, if and insofar as these are applicable. PP4Y will only collect, process or use inventory and usage data without the partner’s consent insofar as this is necessary for the implementation of the contractual relationship and for the utilisation and billing of telemedia.
12.2 PP4Y will not use data for the purposes of advertising, market research or opinion research without the Partner’s consent.
12.3 The partner and his employees have the possibility at any time to view, change or delete the data stored by PP4Y, insofar as it concerns personal data, in their profile. For further information on the Partner’s consent and data collection, processing and use, PP4Y refers to the Privacy Policy, which is available in printable form on the IFCG Platform website at any time.

13.) Final provisions
13.1 The applicability of law in contracts between PP4Y and the partner is determined by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods. The only contractual language is English.
13.2 The court in Berlin is responsible for all disputes arising from the contractual relationships between the partner and PP4Y.
13.3 PP4Y reserves the right to change these conditions of participation at any time. In this case, changes will be communicated on the IFCG platform and by e-mail. The partner is granted a period of two weeks to object to the amended conditions of participation. In the absence of an objection, consent to the amendment shall be deemed granted. In the absence of an objection, the GTC shall remain in force unchanged.
13.4 Should any provision of these GTC be invalid in whole or in part, this shall not affect the validity of the remaining provisions. The invalid points shall be replaced by the applicable statutory provisions, if any.

DEFINITIONS

“Offer” – any advertising cooperation initiated by PP4Y, between Influencer and Partner, which may take the form of Product Placement Offer.
An offer includes the creation of posts by the Influencer on the one hand and the performance of consideration by the Partner on the other.

“Consideration” – any material compensation promised by an affiliate for fulfilling an offer, such as the use of services, provision of products, e.g.

“Influencer” – advertisers, bloggers, video producers and other individuals or companies who publish posts on social media channels.
Influencers can be both consumers (within the meaning of § 13 BGB) and entrepreneurs (within the meaning of § 14 BGB).

“Partner” – companies that post offers online via PP4Y, offer influencers and ultimately commission them. Customers of PRODUCT PLACEMENT 4 YOU GmbH.

“Post” – any publication of a text, image, video or other content that the Influencer publishes on one or more social media channels in accordance with the terms of the offer and the Partner’s guidelines.

“Social Media Channels” – Instagram, TikTok, Youtube, Facebook, Pinterest, Twitch and other social and other media used to publish Content.