Quizzible.IO

§ 1 General

(1) MainSent GmbH (hereinafter referred to as “MainSent”) offers, under the domain Quizzible.IO, an online platform (hereinafter referred to as “Platform”) that enables users of various social media channels (hereinafter referred to as “Influencers”) to create product recommendation links (hereinafter referred to as “Recommendation Links”) via the MainSent Linkmaker and to publish them on the permitted social media channels (currently these are only Facebook and Instagram; use on further social media channels requires the prior express consent of MainSent). These product links can be clicked and used by interested parties (hereinafter referred to as “Followers”) to obtain product information and to make purchases.
(2) These General Terms and Conditions (hereinafter referred to as “GTC”) govern the use of MainSent’s services by Influencers.
(3) These GTC become an integral part of the contractual agreements between MainSent and an Influencer.
(4) Consent to these GTC is given by the Influencer upon registration with MainSent.

§ 2 Registration, Conclusion of Contract

(1) In order to fully utilize the services and the platform of MainSent, registration on the platform is necessary. Registration is carried out via the email address, a self-created password, name, and social media account (in particular Instagram and/or YouTube) of the Influencer.
(2) The Influencer must be of full legal capacity and must have reached the age of 18. This is confirmed upon registration.
(3) The Influencer undertakes to create only one account.
(4) The Influencer agrees that MainSent shall have access to those parts of his social media account which are relevant for the use of the services. Furthermore, by registering, the Influencer agrees that MainSent may contact him at any time, in particular by email, for example to inform him about new services, new offers, or changes to offers.
(5) Upon completion of registration, the Influencer gives MainSent consent to indicate to third parties, particularly its cooperation partners, that the Influencer is registered with MainSent and that he is generally willing to post product links generated by MainSent on his social media channels. In this context, personal data such as the Influencer’s name, username, and the social media accounts provided during registration (including those he operates) may be transmitted to third parties. MainSent is specifically entitled to use these data as a reference for the Influencer with current or potential cooperation partners. MainSent may also, in this context, use any company names or logos of the Influencer as well as other information publicly known about him, such as the number of his followers, when providing the reference.
(6) After registration, MainSent will decide, as part of the verification process or independently thereof, whether the Influencer’s social media channel and/or its visible content are compatible with the offerings of MainSent and its cooperation partners and whether the Influencer may use MainSent’s services. Influencers with non-publicly viewable social media accounts or accounts lacking content are excluded. There is no claim to participate in MainSent’s offering. MainSent reserves the right to exclude Influencers from the use of the platform or its services.
(7) The use of MainSent is always free for Influencers. The Influencer is under no obligation to use MainSent. Furthermore, each Influencer is free at any time to decide whether, when, and to what extent he wishes to be active for MainSent or on the platform, or whether he wishes to cease his activity.

§ 3 Description of Services

Influencers have the opportunity to earn money with MainSent. They are paid for each genuine click by a Follower as part of product recommendations. A genuine click expressly does not include click fraud, duplicate clicks, consecutive clicks (so‐called click-baits), consecutive clicks resulting from incentives that do not correspond to a recommendation, or clicks that lack an intent to purchase or obtain information. The regulations according to § 4 paragraph (4) also apply. The amount of earnings depends significantly on the conditions provided and made available to MainSent by its cooperation partners. In the Linkmaker, there is the possibility to create specific, platform-dependent recommendation links (currently for Instagram and YouTube). These links may only be used or posted on the respective social media platform. MainSent reserves the right to set the remuneration for misused recommendation links to zero. Influencers can check the respective click price for the different social media platforms on the platform (currently in the “Points & Statistics” section).

§ 4 Rights and Obligations

(1) The Influencer guarantees that he has provided truthful and complete information during registration. Should this not be the case, MainSent reserves the right to exclude the Influencer from using the platform and MainSent’s services.
(2) An Influencer is not entitled to share his login credentials and passwords with third parties. If third parties gain access to an Influencer’s MainSent account or if there is suspicion of misuse, the Influencer is obliged to immediately notify MainSent in order to have his account data changed.
(3) The Influencer is obliged to refrain from any actions that jeopardize or disturb the operation and functionality of MainSent and harmonious cooperation. In particular, it is prohibited for any Influencer, in the context of cooperation with MainSent, to:

violate the rights of third parties, in particular copyrights, personal rights, trademark rights, company rights, etc.,
violate good morals, make statements or choose a specific username that offend the religious sentiments of third parties or are racist or discriminatory,
choose email addresses or internet addresses as usernames,
use social media accounts that are not owned by the Influencer,
use, post, publish, or link to offensive or defamatory content on a third-party website, regardless of whether this content concerns other participants, individuals, or companies,
use, post, publish, or link to political, immoral, pornographic, morally reprehensible, offensive, violent, violence-glorifying, sexist, right-wing or left-wing extremist content or content that violates laws, in particular youth protection laws and the Youth Media Protection Treaty, or to advertise, offer, or distribute pornographic or law-violating products,
violate applicable laws and/or jurisprudence regarding the mandatory labeling of advertising content,
unreasonably burden other Influencers (e.g. through spam), particularly by sending unsolicited messages, advertising, or for other commercial purposes without the valid consent of the recipient,
publish, reproduce, make publicly accessible, or distribute content that is legally protected (e.g. by copyright, trademark, patent, design, or utility model law) without being entitled to do so,
engage in or promote anti-competitive actions, including pyramid schemes (such as chain, snowball, or pyramid schemes),
solicit other Influencers to provide personal data for commercial or unlawful purposes or to provide access data,
reproduce or make publicly accessible an image of another person without the written consent of the person concerned.

(4) It is prohibited for any Influencer to commit click fraud. Click fraud occurs when a click on a product link is made without an underlying intent to obtain information or to purchase. Several forms of click fraud are to be distinguished.
(a) Manual click fraud The Influencer or another person manually clicks on the respective product links on his behalf.
(b) Automatic click fraud A specialized program, a so-called clickbot, takes over the clicking of the product link in place of a human.
(c) Purchased interactions Interactions with posted content, in which MainSent recommendation links are used, are purchased from third parties, and various persons execute these clicks. These can particularly be link clicks. Additionally, § 5 applies.
(5) MainSent reserves the right to remove an Influencer wholly or partially from marketing, delete his profile, or deactivate recommendation links generated by the Influencer if there are indications that the Influencer is in violation of these GTC or against statutory requirements, the guidelines of social media providers, or the guidelines of MainSent’s cooperation partners. Furthermore, MainSent reserves the right not to disburse any previously accrued remuneration and to report potential fraud.

§ 5 Requirements Imposed on MainSent and the Influencer by Platform Operators, Advertising Networks, or Advertisers

(1) The parties are aware that the various social media platform operators, advertising networks, and advertisers (hereinafter collectively referred to as “Providers”) establish and enforce rules (e.g. the terms of use and guidelines available at https://help.instagram.com/581066165581870 or the Google Search Essentials available at https://developers.google.com/search/docs/essentials?hl=de) over which neither the Influencer nor MainSent or its cooperation partners can exert any influence. Such rules may in particular include:
(a) The Provider reserves the right to make the final decision as to when a lead, a page impression, a click, or similar is counted as valid.
(b) The basis for the calculation of the remuneration disbursed by the Provider is exclusively the figures determined by the Provider.
(c) The Provider reserves the right to reclaim disbursed remuneration within certain periods and to offset the reclaimed amount against future payments.
(d) The Provider disclaims any responsibility for advertising materials delivered or the content to which the delivered advertising links.
(e) The Provider reserves the right to revoke or amend existing rules and to introduce new rules.
(f) In the event that the Provider perceives or determines a breach of its established rules, it may suspend the account or sub-account of the Influencer or of MainSent or its cooperation partners, cease further services, and withhold payments until the matter is resolved to the Provider’s satisfaction.
(2) Both parties guarantee that they will comply with and adhere to the rules established by the Provider, insofar as this falls within their respective spheres.
(3) Both parties accept the Provider’s rules as a binding framework that significantly influences the mutual rights and obligations under the contract concluded between them. Each party individually and both parties together accept the Provider’s decisions regarding any potential breach of the Provider’s rules as final and binding, even if the Provider’s decision is directed against the other party. The parties mutually waive any claim that any rule or decision of the Provider is invalid; except for rules and decisions that, if they were an arbitration award, would result in its annulment pursuant to § 1059(2) No. 2 b) of the German Code of Civil Procedure.
(4) Should a Provider assume or determine a breach by one of the parties, withhold a payment, or reclaim an already disbursed payment—or offset a reclaimed amount against a payment—and notify one of the parties thereof, that party shall immediately inform the other party. The parties will endeavor to ensure that the party responsible for the breach, as determined by the Provider, is given the opportunity to respond and to contact the Provider directly.
(5) The Influencer indemnifies MainSent against all claims by third parties as well as all necessary costs, expenses (including those for legal counsel and court fees) and liabilities incurred by MainSent as a result of a breach by the Influencer of the guarantee pursuant to paragraph (2). Conversely, MainSent shall indemnify the Influencer if MainSent itself fails to comply with the Provider’s rules contrary to paragraph (2).
(6) Should the breach assumed or determined by the Provider fall within the Influencer’s area of responsibility, MainSent is entitled to withhold payments to the Influencer until the matter is finally decided by the Provider. MainSent is also relieved from its obligation to provide the owed services during the suspension of the Influencer’s account.

§ 6 Remuneration

(1) Following registration by the Influencer, a user account will be created for them. Credits and payments are processed via this user account. Billing for payable services is initially carried out through a points system; the details regarding the specific remuneration can be found on the platform. Points are credited to the user account as soon as a payable service is rendered. During payout (which is always in EUR), the points are converted into a monetary amount, with 1,000 points corresponding to 1 EUR. Billing is carried out, upon reaching the minimum point threshold, at the Influencer’s choice via payment by bank transfer or PayPal credit.
(2) Any balance in the Influencer’s user account will not accrue interest.
(3) A prerequisite for the payout of remuneration is the generation of revenue amounting to at least EUR 25.00, the absence of abuse conditions (cf. § 4 and § 5), and a payout request directed to MainSent by the Influencer. Payouts can only be requested in amounts of EUR 25.00 or multiples thereof; this also applies in the event of termination of the registration/contractual relationship.
(4) The payout can only be made to an account belonging to the Influencer. The payment recipient and the credited account must be identical.
(5) The billing of amounts generated through clicks will be carried out at the request of the Influencer within thirty working days after receipt of the payout request. Payouts can only be requested for points that have been credited to the user account at least 30 days prior. The payout will be made within the aforementioned period, taking into account usual bank transfer timeframes, about which the Influencer will be informed via email or through the platform. At registration, or at the latest upon the payout request, the Influencer must enter and save his bank details in his account. Alternatively, payout can be made via PayPal. The information is used exclusively to pay out the revenues generated under the contract between the parties. Any bank fees of the recipient bank or fees for PayPal or currency conversion fees shall be borne by the Influencer.
(6) MainSent reserves the right to reclaim any amounts already paid out, particularly if it subsequently turns out that the Influencer has violated these GTC in the generation of his earnings, in particular by committing click fraud. The Influencer is further obliged to repay if the Provider subsequently demands repayment from MainSent, cf. § 5 paragraph (1).
(7) Influencers are responsible for the taxation of their earnings. Should an Influencer be subject to VAT, they are obliged to provide MainSent with their tax number or VAT ID. In such cases, MainSent will issue credit notes with VAT separately stated.
(8) The amounts shown in the credit notes are gross amounts, inclusive of the applicable VAT.

§ 7 Warranty

(1) There is no claim to error-free and uninterrupted usability. The platform is operated within the limits of its technical capabilities.
(2) The statutory provisions for defects in material and legal defects apply, unless otherwise stipulated in these GTC.
(3) MainSent does not guarantee the correct capture of data in relation to a generated recommendation link.

§ 8 Liability

(1) MainSent is liable for intent and gross negligence. In any event, MainSent’s liability is limited to damages caused by MainSent, its legal representatives, or its vicarious agents intentionally or through gross negligence, or arising from the breach of a fundamental obligation essential to the contractual relationship. Liability for damages is limited to the foreseeable, typically occurring damage. Liability for culpable injury to life, body, or health remains unaffected. This also applies to the strict liability under the Product Liability Act.
(2) MainSent does not assume any responsibility or liability for any damages arising from external interference with the system or platform, or during data transmission.
(3) MainSent provides any information, advice, and recommendations to the best of its knowledge. There is no contractual primary or secondary obligation to provide information, advice, or recommendations. Such information, advice, or recommendations may be in the form of images or texts, regardless of whether they are publicly accessible (e.g. on the websites under the domain MainSent.com) or provided personally to the Influencer. MainSent is not obligated to compensate for any damages arising from reliance on such information, advice, or recommendations unless liability arises from an unlawful act or any other statutory provision.
(4) Furthermore, any liability of MainSent for damages, regardless of the legal basis, is excluded.
(5) The Influencer is directly liable to third parties for any violation of their rights for which he is responsible. The Influencer undertakes to indemnify MainSent for all damages arising from the culpable non-observance of the obligations arising from these GTC.
(6) The Influencer shall indemnify MainSent against all claims brought by other Influencers or any third parties against MainSent due to the violation of their rights by content generated or posted by the Influencer or due to the breach of other obligations by the Influencer. In doing so, the Influencer also assumes the costs of the necessary legal defense of MainSent, including all court and attorney fees. This does not apply if the legal violation is not attributable to the Influencer.

§ 9 Information on Data Processing

(1) MainSent collects and stores personal data of the Influencer as part of contract processing, as well as data obtained from the Influencer’s social media channels with his consent. (2) Any data transmitted in connection with registration as an Influencer can be managed, changed, or deleted by the Influencer in his account. The Influencer may have his user account deleted at any time without providing any reasons by sending an email to support [at] Quizzible.IO. (3) The collected personal data will be retained only as long as necessary for contract fulfillment, unless statutory retention periods require storage beyond that. (4) Furthermore, with regard to data collection, processing, and use, reference is made to the GDPR-compliant privacy policy, which is available on the platform at any time.

§ 10 Final Provisions

(1) German law shall apply to contracts between MainSent and the Influencer. The place of jurisdiction for all disputes arising from the contractual relationship between MainSent and the Influencer is Bielefeld.
(2) The rights and obligations arising from this contractual relationship may only be transferred with the consent of the other contracting party.
(3) Claims arising from this contractual relationship may only be assigned with the written consent of MainSent.
(4) MainSent reserves the right to change and adjust these GTC at any time. Changes will be communicated to the Influencers immediately. Influencers have the opportunity to object in writing or electronically (via email) within two weeks after the announcement of the changes. Continued use of the platform and MainSent’s other services shall be deemed acceptance of the amended GTC.
(5) Should individual provisions of these GTC be or become wholly or partially invalid, or should there be a gap in these GTC, the validity of the remaining provisions shall not be affected. In place of an invalid provision, the valid provision that most closely reflects the purpose of the invalid provision shall be deemed agreed. In the event of a gap, the provision that corresponds to what would have been agreed upon based on the economic purpose of these GTC if the parties had taken this circumstance into account from the outset shall be deemed agreed.
(6) No oral side agreements exist. Amendments or additions to these GTC – including this written form clause – must be made in writing.