dealunited

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Developer: Deal United GmbH

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Application type: Software as a Service

Video URL: http://www.dealunited.de/system/index.php?inhalt=pub&sprache=uk

Documentation: http://dealunited.de/system/pages/user/download/dealunited_conversion-optimization.pdf

Programming language: Javascript

Ratings: Average (1 Ratings):

Pricing: Get it free

Description Convert your lost traffic! Increase your revenue instantly! - The pan-European monetization tool for Zanox advertisers and publishers. PLEASE GO THROUGH THE ONE-TIME REGISTRATION PROCESS ON THE FOLLOWING LANDING-PAGE. YOU ONLY HAVE TO FILL OUT THE DATA ONCE.

Application T & C

Terms and Conditions for Merchants

DEAL UNITED GMBH

TERMS AND CONDITIONS FOR MERCHANTS

§ 1 Preliminary notes

(1) Internet offer

deal united GmbH (“deal united”) offers an innovative marketing model to its customers (“Bundle Marketing”). Users can obtain products for free or at a reduced price from their favorite online stores. To do so, they need to buy or register to an offer of an Advertiser.

deal united acts as a service provider, offering its services to partners that have registered on the domain dealunited.com and other country domains (“platform”) and offer products or services to be sold online

(2) Registered Users and sign in to the website

Registered Users (“Merchants”) can be a juristic or a natural person. In case of natural person, he or she needs to be allowed to do business.

The content of the website of the Merchant has to comply with the current regulation, being the Merchant company responsible for it. deal united keeps the right to block any website the content of which might be offensive or illegal. In this case, the suspicion of diffusion or tolerance of illegal content would be enough to block the service.

The Merchant agrees that deal united will check the adherence to regulations by using a software solution. deal united is entitled, in case of suspicion of avoidance to comply to the current regulations, to check the website of the Merchant (for example through the data file “robots.txt)

(3) Miscellaneous

Between deal united and the Merchant, only the Terms and Conditions for Merchants of deal united are applicable. Terms and Conditions of the Merchant are not effective. The Merchant accepts this condition by registering in the platform. In case there is a different agreement between deal united and a particular Merchant, this needs to be in writing and signed by a deal united managing director (Geschaeftsfuehrer)

§ 2 Rights and obligations of the parties

All rights and obligations of the Merchant also apply towards the Advertisers

(1) Merchant

(a) The Merchant is responsible for the completeness and correctness of his data. In case of changes in his personal data, he has to communicate to deal united immediately. With the registration, these Terms and Conditions for Merchants are accepted and a contractual relationship with deal united is established

(b) The Merchant will configure his website to generate valid leads and sales that can be closed in the Advertiser website. This also applies to information of the Merchant in search engines, folders and link lists from third parties.

(c) deal united will provide the Merchant with the necessary Hyperlinks including the URL of the Co-branded landingpage. The Merchant can include changes on this information only if accepted by deal united. The Merchant can only include this in his own website. The Merchant is not allowed to forward this information to third parties or do any different use of it.

(d) deal united is authorized to use the names, brands and logos of the Merchant as a reference for client and User generation purposes.

(e) The Merchant is unique and only responsible for marketing, sale and delivery of his product, if it is sold through the deal united platform. This includes support and documentation. All transactions take place between Merchant and User. deal united has only a support function, facilitating the transaction between Merchant and User. deal united takes over no responsibility, warranty or claims for damages, for what happened in the transaction process. The Merchant forsakes the right to claim these to deal united.

(f) For campaign purposes, the Merchant will provide deal united with license keys or voucher codes for redeeming his products. deal united will deliver these keys or codes to the User when he generates a valid lead or sale for the Advertiser

(g) When sending emails, that advertise deal united service, the Merchant has to observe the current statutory provisions

(h) The Merchant can place the link to the deal united co-branded page in the place and number he decides in his own website. If the link, according to deal united or the Advertiser, can damage deal united’s or the Advertiser’s image, deal united can request it to be changed.

(i) The Merchant commits to arrange his website in a way that it does not violate third parties industrial rights, including copyright. Furthermore, data protection laws should not be infringed. The use of names, protected brands or logos from Advertisers or other third parties is only allowed with the approval of the owner of the right.

(j) User personal data that the Merchant can obtain from deal united or the Advertiser, can only be used for the execution of the corresponding contract.

(k) The Merchant pledges himself to the identification of the offer on his website according to current statutory provisions

(l) The website of the Merchant should not damage the reputation of the services, goods or other business of the Advertiser or deal united

(m) The Merchant commits, during the time he has business relationship with deal united, not to engage –directly or indirectly- in contractual relationships with Advertisers with purpose of promoting the Advertisers’ products or services. This applies for the Advertiser as well as for the Merchant for a period of two years after finishing the business relationship with deal united. This restriction does not apply when the contractual relationship between the Merchant and the Advertiser started before the registration of the Advertiser in the deal united platform.

(n) Defects and other problems shall be communicated to deal united in written form by fax or email without delay

(o) The Merchant relieves deal united and the deal united Advertisers from claims in case that the advertising of the Merchant offences third parties rights or current regulation

(2) deal united

(a) Merchant competitor’s, present in deal united website as Advertisers, can be excluded from the Merchant’s campaign at the Merchant’s request. According to these Terms and Conditions for Merchants, a Merchant is allowed to execute a campaign through deal united, but has no obligation to do so. If he executes a campaign, this campaign has to comply with the procedures defined in these Terms and Conditions for Merchants.

(b) deal united keeps the right to accept a Merchant. In case of rejection, the Merchant has no right to request an explanation. The acceptance of a Merchant by deal united shall not imply any the possibility of claims from the Merchant to deal united or the Advertisers.

(c) There are no contractual obligations between Merchant and Advertiser. Even in the case of Merchant executing a campaign with a single Advertiser, the relationship with the Advertiser belongs exclusively to deal united

(d) deal united is allowed to transfer the provision of services to third parties

(e) deal united has the right to modify regularly the platform for technical developments. In case that because of these modifications, there are technical disruptions to usability of the platform, the Merchant shall not request damages.

(f) deal united has the right to set up campaign services according to previous information of the Merchant

§ 3 Compensation

(1) deal united allows the Merchant to sell its products through an alternative payment method (or bundling platform). The successful intermediation of a lead or sale will generate the right to perceive a compensation according to these Terms and Conditions for Merchants.

(a) Lead: A User (any person navigating on the website of the Merchant, deal united and/or the Advertiser) clicks and therefore executes a specific action on the Advertiser’s website. For this, a protocol for verifying valid leads will take place in the deal united transaction system. The number of leads will be measured by deal united.

(b) Sale: A User clicks and closes a contract for goods or services on the Advertiser’s website. For this, a protocol for verification of valid leads will take place in the deal united transaction system. The number of leads will be measured by deal united.

(2) Leads or sales can be credited to the Merchant as provisioned revenue. This credit does not mean that the transaction has been accepted. A transaction is only a valid one after the Advertiser has checked and accepted the sale.

§ 4 Payments

(1) After the Merchant registration, a no-interest account will be set up for him, where his credit will be accounted. There will be a monthly invoicing of the credit according to § 3 for all the campaigns of the Merchant. deal united will proceed with the payment on the 30th of the following month the latest, only if the compensation equals or exceeds 100€. deal united will generate the corresponding credit note for every payment, according to statutory tax provisions. For quantities not reaching the minimum of 100€, deal united will execute the payment the first month that the accumulated credit notes for the Merchant exceed 100€.

(2) The payment will happen if the Merchant generates valid leads or valid sales according to these Terms and Conditions for Merchants. If there is a manipulation or an infringement of these Terms and Conditions for Merchants, deal united has the right, within a period of 12 weeks, to debit the account or request devolution of already made payments. After this period deal united keeps the right to request return payments, if there is evidence that these payments were not based on valid leads or sales.

§ 5 Duration

(1) A cancellation of the Merchant account needs to be in written form by fax or regular mail, after which deal united will proceed with the deactivation of the account. This will be accordingly communicated to the Merchant. In this case, deal united will generate a summary billing for the Merchant.

(2) The Merchant will have access to the deal united platform during the period of the contract and maximum 6 months after the end of it.

(3) The contract between deal united and the Merchant has open ending. It can be cancelled by any of both parties in written form per regular mail or fax with 14 days notice at the end of each month.

(4) deal united can deactivate the access to the platform if the Merchant has not started any campaign within three months. In this case, the Merchant will be accordingly informed.

(5) Both parties have the right to cancel the contract immediately in case of severe infringements of these Terms and Conditions for Merchants. In this case, deactivation of the system would also happen without adherence to a particular period.

(6) After successful cancellation of a Merchant account, the Merchant shall remove all deal united hyperlinks from all websites. After successful cancellation, deal united shall not pay further compensations, even if the Merchant has not removed hyperlinks from his website.

§ 6 Relationship with deal united Advertisers

(1) The Advertiser is obliged also towards the Merchant, to set up his website, including entries in search engines and link lists, in a way that only valid leads or sales can be generated.

(2) Advertisers can only use names, brands and trademarks from the Merchant if this is approved by the Merchant.

(3) The website from the Advertiser should not harm third parties rights, in particular copyright, and should follow statutory provisions. In particular, references to violence or discriminatory text should be avoided. Statutory provisions regarding consumer protection shall also be observed closely

(4) Advertiser emails that have advertising content (fully or partly) should obligatorily comply with the statutory provisions and should be in accordance with current jurisprudence.

(5) The reputation of an Advertiser shall not be damaged by the way its goods, services or business operations are presented.

§ 7 Other terms

(1) Liabilites

deal united does not guarantee the correctness and the completeness of the websites. deal united partners shall comply with the applicable provisions for their own content. Hereafter, deal united is not obliged to control or research external information, to find out whether it is illegal in some way. Obligations regarding elimination or blocking of information according to statutory provisions apply. In every case, illegal texts shall be removed immediately after notification.

deal united does not control content on websites from third parties that are linked to deal united. Therefore deal united shall provide no guarantee on it. deal united only checks the linked sites at the moment of linking them. Further checks on third parties websites are only performed in case of an urgent suspicion of an infringement. Similarly, deal united shall not be held liable if the advertising materials of the Advertiser act against current regulation or damage rights of third parties.

For the rest, following regulations apply:

(a) deal united shall only be held liable in the event of any culpable breach of an essential contractual duty. deal united shall only held liable only in case of misconduct or negligent behavior. (b) In case of negligent breach of essential contractual obligations, damages will be limited to the typical foreseeable damages. Maximum damages are limited to 5.000€ (c) deal united shall not be held liable for actions of agents, unless a fundamental contractual obligation determines so (d) The above limitations of liability do not apply to cases of mandatory statutory liability, in particular liability under product liability law, liability for a guarantee that has been assumed, and liability for intentional or negligent injury to life, limb or health. (e) The previous liability limits/exceptions are always applicable, including legal representatives and other company agents. (f) deal united shall not be liable if, due to technical reasons, a User transaction is not registered. (g) The service of deal united will be available for the Merchants according to deal united technical capabilities. deal united provides no guarantee of any type of availability of the platform nor of it being error-free.

(2) Definitions

In these Terms and Conditions for Merchants and all other contracts of the Merchant with deal united, the concepts used have the following meanings

Account: is the access of a Merchant after registration and activation in the deal united platform

Valid lead: A lead is valid when a User executes a previously defined action (qualified action) at the Advertiser website by doing a click. These leads will be registered and verified on the deal united transaction system.

Valid sale: A sale is valid when a User closes a contract for a good or a service by executing a click. Valid sales, including contracts, are going to be registered and verified on the deal united transaction system.

Hyperlink is a connection to the website of the Advertiser or the Merchant

Pay-Per-Lead (Fixed quantity per valid Lead): Through the implementation of a Hyperlink on the platform, the User will be forwarded to the website of the Advertiser. In case the User performs a particular action defined by the Advertiser on the Advertiser website, the Merchant will be entitled to receive a pre-determined payment.

Pay-Per-Sale (Fixed or percentage quantity per valid Sale): Through the implementation of a Hyperlink on the platform, the User will be forwarded to the website of the Advertiser. In case the User performs a purchase of a good or a service of the Advertiser on the Advertiser website, the Merchant will be entitled to receive a pre-determined payment.

User: any person that accesses the website of a Merchant, deal united or the Advertiser

Website (of the Merchant): Website is the Internet-offering of the Merchant on the Merchant’s main domain or sub-domains, if their content is identical.

Website (of the Advertiser): Internet-offering of the Advertiser on the provided URL, on which its products or services are sold and to which the Hyperlink points

Promotion (of the Advertiser): Agreement on the placement of advertising materials of an Advertiser offer, in a success-based compensation.

Advertising materials (on the Merchant website): All materials of offers of deal united or the Advertiser on the website of a Merchant. deal united makes these materials available to the Merchant and defines its use, to ensure a correct compensation.

(3) Data protection

deal united observes the regulations of the German data protection law (BDSG), the German Telemedia law (TMG) and all other data protection directions including possible future national or European Union data protection laws.

(4) Changes on these Terms and Conditions for Merchants

deal united will communicate to the Merchant when changes on the Terms and Conditions for Merchants are planned. The new Terms and Conditions for Merchants will be effective 14 days after delivery of the communication, as long as the Merchant does not reply by objecting the changes in the predefined period. In the communication to the Merchant, deal united will inform of the possibility of objection. The objection communication needs to be in written form per E-mail or Fax.

(5) In case of disputes, including actions on a bill of exchange, the venue of a trial will be the city in Germany where deal united is registered

(6) These Terms and Conditions for Merchants and the contractual relationship with the Merchant shall be governed exclusively by the laws of the Federal Republic of Germany. The United Nations Convention on Contracts for the International Sale of Goods (CISG) will not apply.

(7) Severability Clause

Should any individual provision of these Terms and Conditions for Merchants be of no effect, as a whole or in part, this shall not affect the validity of the remaining provisions. The invalid provision will be deemed replaced by that provision that is legally effective and comes closest, in the usual understanding, to the economic intent and purpose of the invalid provision. The same applies to any unintentional omission.

(8) The German version of these Terms and Conditions for Merchants is decisive.

Comments

17.07.09 by Michaela Böhme:

GREAT!

liferay.com

dealunited