General terms and conditions of business
- Leadnow is a web-based placement platform for advertising orders. Companies and agencies (hereinafter companies and clients) are offered the opportunity to specifically award advertising contracts to public figures (hereinafter influencers) with a wide reach on social media channels. The influencer can act as a consumer (Section 13 BGB) or an entrepreneur (Section 14 BGB).
- The current version of the General Terms and Conditions at the time the contract is concluded applies.
- These General Terms and Conditions can be accessed and printed out at any time on our website.
2. Contractual partner and user account
- Based on these General Terms and Conditions, a legally binding contract is concluded between every influencer on the Leadnow platform and Leadnow UG (limited liability), hereinafter referred to as Leadnow. The provisions of these General Terms and Conditions apply to the use of the Leadnow platform via the websites leadnow.io, leadnow-marketing.de , leadnow-marketing.com, leadnow.me, Expertenwissen.leadnow-marketing.de and all subdomains of these domains.
- By agreeing to these General Terms and Conditions, the Influencer also accepts the General Terms and Conditions of our integrated payment service provider. In addition, when linking to YouTube via Google API services, the influencer accepts YouTube's general terms and conditions.
- At the same time, the influencer confirms that all information provided by him on the platform is truthful and that he does not use a name that he is not authorized to use. The influencer is also prohibited from impersonating another person. Personal information must always be kept up to date.
- An influencer is any person who has registered with their personal data (first name, last name, email address) on our website with a password and has agreed to the general terms and conditions and the data protection declaration. It is assumed that the general terms and conditions and the data protection declaration have been read and understood. Registration is free.
- The influencer must be 18 years of age or older. If the influencer has not yet reached the age of 18, the consent of the legal representative must be obtained.
- The influencer is only allowed to register once.
- Leadnow can make the use of certain functions dependent on additional requirements and restrict functions for certain influencers. A fee can also be introduced for the use of certain functions with the influencer's separate consent.
- Leadnow reserves the right to verify and check the influencer for account creation.
3. Subject of the contract
This contract basically regulates the conditions under which influencers can use the Leadnow platform as well as the establishment of advertising orders between companies and influencers, the execution conditions and payment processing. Among other things, liability relationships, confidentiality obligations, copyright relationships and data protection conditions are clarified.
4. Advertising contract and scope of services from Leadnow
- An advertising order offers influencers the opportunity to receive money, vouchers or products from companies on our platform. In return, influencers provide advertising in the form of product or service placements. Leadnow arranges such advertising orders for the influencer, processes the advertising order for the influencer and creates a tracking report on the results achieved, which is made available to the client.
- The order description, requirements, terms and conditions, implementation and implementation details as well as dos and don'ts are determined individually by the company in the respective advertising order as part of the order agreements. These provisions are fundamentally binding and must be adhered to for the execution of the order.
- Unless otherwise agreed, advertising contributions must be visible on the agreed platform for at least one year from the time of publication. Until then, published contributions may not be deleted, removed, changed, hidden or otherwise made inaccessible to the public. Posts for which the post duration is generally limited in time are not affected by this (story posts, etc.).
5. Creation of an advertising order
- Influencers basically have two options for accepting advertising orders from companies.
- a) Advertising order with application process
For an order with an application option, an influencer must first apply in order to receive the order. By pressing the “Apply now” or “Make offer” button, the influencer makes an offer to the company. Only the company's commitment leads to a binding acceptance of the advertising order for the influencer. The influencer then has to carry out the order. Acceptance will be communicated to the influencer as an order confirmation by email.
- b) Advertising order as an instant deal
With an instant deal, the advertising order placed by the company already represents a binding offer. The offer is legally accepted by the influencer by pressing the “Accept Deal” button. The influencer then has to carry out the order. The acceptance of the instant deal will be communicated to the influencer as an order confirmation by email.
- The order confirmation contains the order agreements and the instructions to be fulfilled.
- However, an influencer is not entitled to advertising orders. In particular, the influencer has no right to receive a commitment from companies after applying for an order.
- Before the influencer can accept advertising orders, it is required that the influencer connects to his or her Facebook or Instagram account. If the account is not linked to Facebook or Instagram for 30 days, Leadnow reserves the right to delete the influencer's account.
6. Obligations of the influencer and compliance with the order agreements
- The influencer is responsible for the advertising posts and advertising content.
- After accepting the advertising order, the influencer must properly comply with all order agreements. In particular, he must adhere to specified deadlines (time, period), running times, media formats, content, the specified social media channels and other agreements (discounts, competitions, hashtags, links, links, etc.). The influencer must also read the order agreement carefully so that all instructions contained therein are taken into account when carrying out the work.
- The influencer does not have to worry about the functioning of external interfaces provided such as links, tracking pixels, etc. and is not liable for their functionality, unless he manipulates the sources in such a way that the actual function is restricted or cannot be guaranteed.
- In principle, the influencer is free to implement all implementation points that are not included in the order agreements in order to maintain its authenticity.
- The influencer is always prohibited from publishing advertising content that violates criminal law or fine regulations. Above all, the influencer is prohibited from discrediting products and services, brands, company names, people or companies in any form or from making negative statements about them, from making false statements or from pornographic, racist, extremist, hate speech, glorifying violence or other inappropriate content publish.
- The influencer must comply with the legal labeling requirements for advertising contributions for each advertising contribution. The influencer also confirms that he does not violate any copyrights, trademark rights, name rights, ancillary copyrights or usage rights or exploitation rights of third parties for the advertising content to be published.
- Upon a reasonable request from the company or Leadnow, the influencer must immediately delete or change all affected posts. This request is made in text form via email.
- After the influencer has accepted and fulfilled an advertising order, proof of each service fulfilled must be provided. If the order consists of several services, the influencer must provide separate evidence of each individual service. For this proof, the influencer is obliged to provide a URL (link) which, without any further measures, directly and correctly refers to the service provided for each individual published advertising post on the Leadnow platform, so that each individual post is checked on the respective social media platform whether the order was carried out in accordance with the order agreements. The influencer agrees that this link will be made available to the company together with the content about the proof.
- If the influencer is unable to comply with the agreements, he or she must immediately notify the company of this via the integrated chat. This is particularly the case if deadlines are unlikely to be met.
7. Changes to the order agreements, supplementary provisions, side agreements and side agreements
- Once an advertising order has been accepted, the amount of compensation specified in the order agreement may no longer be changed or negotiated. This component is a fixed part of the contract and therefore cannot be changed. The amount of remuneration remains unaffected by additional provisions, side agreements and side agreements.
- Changes to the implementation instructions and specifications contained in the order agreements (variable components) as well as additional provisions, side agreements and side agreements that go beyond the order agreement can only be made via the Leadnow platform with mutual agreement between the company and the influencer in text form via the integrated chat. A separate contract is not required for this.
- Reports of defects regarding the quality of products or services, particularly regarding the size, color, functions and a declaration of withdrawal must be reported to the client immediately in writing via the chat. In the event of withdrawal, the influencer must return the products received to the company and the right to compensation will no longer apply.
- Leadnow enables communication between the influencer and the company for every order.
8. Compensation and payment conditions
- The remuneration depends on the service provided. An advertising order can contain several services to be provided. A service to be provided is generally understood to be an advertising contribution to be published (feed post, story post, etc.).
- The influencer receives compensation in the form of products, vouchers or a payout from the company only after all services to be provided have been properly carried out and, if proof of each service provided as part of an advertising order has been provided to the company via the Leadnow platform § 6 No. 8 was made accessible. If all services to be provided for an advertising order or all evidence are not provided, the company can demand the return of the product handed over for advertising purposes. Products that are only made available for a limited period of time for advertising purposes and do not go to the influencer as compensation must be returned to the company by the influencer after the advertising order has been carried out. The company must bear the costs of return shipping unless otherwise stipulated in the order agreements.
- If the compensation consists entirely or partially in money, the influencer will receive the agreed compensation amount credited to the trust account of our integrated payment service provider after the last service to be provided. The influencer has the opportunity to have this amount transferred to his or her personal bank account. The influencer agrees that Leadnow may send electronic invoices in the name and on behalf of the influencer. The invoice to the company in the name and on behalf of the influencer is issued and sent in electronic form. The influencer no longer has to send an invoice to Leadnow or to the client. However, Leadnow is not liable for non-payment by the company or unpaid claims and does not pay in advance for outstanding claims. A payment will only be made to the influencer if the company has paid the agreed amount. All prices and monetary amounts stated in these agreements are denominated in euros.
- Leadnow receives a service fee of 17% plus sales tax on the net compensation amount to the influencer for every advertising order placed. The payout amount also includes any applicable taxes for the influencer as well as duties, in particular the artist's social security levy. The influencer grants Leadnow the right to collect the remuneration from the client into his trust account of our integrated payment service provider and then assigns the amount of the service fee including sales tax to Leadnow. Leadnow always accepts the assignment as assignee. Through the assignment, Leadnow's claim to commission against the influencer is settled.
- The influencer can have the compensation amounts received transferred to a personal bank account specified via the platform. A withdrawal is not possible without providing a personal bank account. Before the payment is made to the influencer, the compensation amount is stored in the influencer's e-wallet (“trust account”). The funds available in an influencer's e-wallet can be transferred to the influencer's personal bank account at any time without a transfer fee after checking and verifying the influencer's identity. Identity verification documents may be shared with and stored by a third party provider. The influencer is considered a seller. If there is suspicion of misuse, fraud or money laundering, Leadnow reserves the right to restrict or block the influencer's account.
- If the influencer is responsible for non-performance or poor performance, the influencer must bear the costs for a possible return of the product provided to the influencer as compensation as part of an advertising order.
- The taxation of income and donations in the form of products to the influencers via Leadnow is not the responsibility of Leadnow or the client and is entirely the responsibility of the influencer. The same applies to the payment obligations for social security contributions, pension insurance contributions, artists' social insurance contributions (KSVG) and other taxes to be paid by law.
- When registering, the influencer must indicate whether they are subject to the small business regulation within the meaning of Section 19 I UStG. The information must be kept up to date independently so that Leadnow can issue correct invoices in the name of the influencer. Leadnow offers the influencer the opportunity to provide information on the platform. However, Leadnow is not liable for incorrect or omitted information provided by the influencer with regard to the sales tax to be reported.
9. Termination of the user agreement
- The contractual relationship between the influencer and Leadnow can generally be terminated by both parties as follows and thus be rendered ineffective for the future.
- a) Termination via email to email@example.com.
- c) The deletion of the account by the influencer results in the termination of the contractual relationship. The influencer can delete their account themselves or request deletion at any time. You can delete your data yourself via the platform under “Profile Settings”.
- If the termination declaration comes from the influencer, the contractual relationship will only become ineffective when there are no longer any outstanding performance obligations from the user's active advertising orders. If the influencer simply chooses to deactivate the account, the data will not be deleted, the account will simply be deactivated. The extraordinary right of termination remains unaffected.
10. Granting of rights of use, copyright, intellectual property
- The influencer grants Leadnow the exclusive right of use, unrestricted in terms of time, space and content, as well as all exploitation rights for the advertising contributions arranged via Leadnow and published by the influencer, including the advertising content (images, videos, audio, text material, etc.) and expressly allows Leadnow to do so the sublicensing. This means that Leadnow can, at its discretion, pass on the usage and exploitation rights to the company from which the advertising order comes. In particular, Leadnow has the right to make the advertising content accessible to the public and to reproduce images, video and sound. The rights are granted free of charge.
- The influencer is permitted to use the advertising content created to fulfill the advertising order and to publish it on the agreed social media channels.
- The influencer also grants Leadnow the exclusive right of use, unrestricted in terms of time, space and content, as well as all exploitation rights to information and files that the influencer provides to Leadnow via interfaces to the social media platforms via account linking. The information and media files provided include, in particular, personal data (such as email, first and last name), public information on social media platforms, texts, images, profile pictures, videos, icons, insight data about the target group and other materials provided on the social media platform. Leadnow is entitled to display this information to potential clients. The rights are granted free of charge.
- All information, data, chat histories, details, files, texts, images, videos, icons as well as the design, structural structure of the platform, any source code and other materials provided on the platform are the intellectual property of Leadnow and may be used in Under no circumstances may it be copied, published on the Internet and social media, distributed, reproduced or otherwise used without written consent. The influencer undertakes to tacitly keep all the above-mentioned information about the order agreements and all other information that becomes part of the contract as part of an advertising order for himself and not to make it available to the public.
- Leadnow provides the functionality and information service of the platform. The influencer does not have the right to uninterrupted and technically flawless availability.
- Leadnow assumes no liability for the completeness and accuracy of the information provided by the company in the order agreements. Leadnow also assumes no liability for the accuracy of the information provided by third parties.
- Leadnow is entitled to carry out expansion work, maintenance work and maintenance work to improve, change and expand the platform at any time without the influencer's permission.
12. Liability and Limitation of Liability
- Leadnow is liable to the influencer for the violation of essential contractual obligations (cardinal obligations), for damages resulting from injury to life, body or health and in accordance with the Product Liability Act in accordance with the statutory provisions for compensation or reimbursement of wasted expenses in the event of intent and gross negligence. Leadnow is only liable for slight negligence in the event of a breach of essential contractual obligations and is limited to the amount of damage that was foreseeable and typical for the contract at the time the contract was concluded.
- Leadnow is only liable for data loss and any resulting damage in accordance with the above paragraphs and if the influencer himself could not have avoided this loss.
- The limitations of liability also apply to vicarious agents and legal representatives.
- The influencer is liable for damages and violations associated with missing or inadequate labeling of advertising.
- Leadnow is not liable for material or legal defects in delivered products that brands provide to influencers and cannot be held liable for claims in this regard. Leadnow is not liable for damages for which the company is responsible. In particular, Leadnow is not liable for damages that arise in connection with the delivery of the product to be advertised to the influencer.
- Leadnow is also not liable for the content of the advertising posts that influencers create or for all costs incurred by the influencer in connection with the execution of the order.
- If an order is withdrawn, Leadnow is not liable for the influencer's outstanding claim to compensation from the company.
- Leadnow is not liable for damages that result from the influencer not handling their access data as required.
13. Data processing and data protection
- Leadnow collects personal data from the influencer when registering to use the platform and in particular when processing advertising orders. Leadnow observes the regulations of the Federal Data Protection Act, the Telemedia Act and the EU GDPR.
- Further information on data collection, processing, storage and transfer as well as cookies can be found in our data protection declaration.
14. Final provisions
- The law of the Federal Republic of Germany applies to contracts between Leadnow and the influencer, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). The contract language is German.
- The EU Commission has created an internet platform for online dispute resolution for out-of-court dispute resolution. The platform serves as a contact point for the out-of-court settlement of disputes regarding contractual obligations arising from online sales contracts. Further information is available at the following link: http://ec.europa.eu/consumers/odr. According to Section 36 VSBG, Leadnow is neither willing nor obliged to participate in a dispute resolution procedure before a consumer arbitration board.
- The place of jurisdiction for all disputes arising from this contractual relationship is the court at Leadnow’s registered office.
- The invalid provisions will be replaced, if available, by the relevant statutory provisions or separate written agreements that are made with the consent of all parties involved.
The current status of these terms and conditions is August 16, 2021.