The use of the hi! platform offered by medialabel network GmbH by partners is subject exclusively to the terms of this agreement (“GTC” or “Contract”) between you (hereinafter: “Partner”) and
Unter den Linden 32-34, 10117 Berlin
E-Mail: info@medialabel.com
Commercial Register: AG Berlin‑Charlottenburg, HRB 199129 B
Chief Executive Officer: Silvia Lange, Tivadar Szegeny
In order to use the hi! platform as a partner, you must agree to these general terms and conditions in their current form. Any general terms and conditions of the partner shall not become part of this contract and shall not apply, unless expressly accepted in writing by medialabel network GmbH.
These general terms and conditions (“GTC”) govern the use of the hi! platform by registered partners and define the conditions for participation in campaigns. Use of the platform requires acceptance of these GTC. Deviating terms and conditions of the partner shall only apply if hi! has expressly acknowledged them in writing.
Within the scope of these GTC, certain terms are used which are defined uniformly and conclusively below. These definitions serve to ensure clarity and consistency throughout the provisions and apply to all clauses of this agreement.
Plattform / hi!:
hi! bezeichnet die von der medialabel network GmbH betriebene digitale Plattform unter www.medialabel.com sowie die zugehörige App, die über den Apple App Store und den Google Play Store verfügbar ist. Die Plattform ermöglicht es Partnern, an Werbekampagnen teilzunehmen, Inhalte zu erstellen und auf ihren Partnerseiten zu veröffentlichen.
Partner:
A natural or legal person who has registered on hi! to participate in advertising campaigns and publish content on their partner pages.
Partner Pages:
Digital channels through which partners distribute content. This includes, but is not limited to:
Client / Advertiser:
A company or agency that publishes campaigns on hi! to promote its brand, products, services, or events.
Campaign:
An offer provided by an advertiser to partners for the creation and publication of advertising content in accordance with the specified campaign guidelines.
Campaign Briefing:
Specific requirements and conditions that partners must follow for a campaign. These include content specifications, publishing formats, timelines, and labeling requirements for advertising.
Advertisement / Ad:
Promotional content created by partners or provided by the advertiser, which is published on the partner pages. This includes text, images, videos, audio, event participation, or interactive content.
Branding Campaign:
A campaign type primarily aimed at increasing visibility and reach of a product, brand, or message. While direct sales are not the main focus, the campaign may include calls-to-action (e.g. links to products or websites) to support brand engagement and awareness.
Brand Performance Campaign:
A campaign that combines elements of branding and measurable performance, such as reach and conversions.
Performance Campaign:
A campaign where success is measured through clearly defined KPIs (e.g. clicks, app installs).
Social Influencer Ads:
Ads in which the partner’s content is promoted under their name through Meta/TikTok Business Manager across social media platforms.
Affiliate Campaign:
A type of campaign where partners receive performance-based compensation for referred sales, leads, or other defined actions.
UGC (User Generated Content):
Content (e.g. photos, videos, texts) created by the partner and provided for promotional use within a campaign.
Coins:
Virtual reward units that partners earn for successful participation in campaigns on hi!. These can be converted into a monetary equivalent and paid out.
Tracking Link:
An individually generated link used to measure campaign success, created by the partner on the hi! platform.
API Authorization:
The permission granted by the partner to hi! to access specific data from their partner pages/social media channels via technical interfaces (APIs).
DOOH (Digital Out of Home):
Digital out-of-home advertising, e.g. on screens in public areas such as train stations, shopping malls, or streets, which can display campaign content from partners.
Verification:
The automated technical verification of a social media account via an API interface (e.g. via third-party provider Phyllo) to confirm authenticity, activity, and access to certain profile data of the partner.
Validation:
The manual or semi-automated review of a social media account (e.g. by sending a code via direct message to an official account) to confirm that the account truly belongs to the registered partner and meets hi!’s quality requirements.
(1) The use of the hi! platform requires successful registration as a partner. Upon completion of registration, a user agreement between the partner and medialabel network GmbH is established based on these terms and conditions.
(2) Registration is free of charge.
(3) To register on hi!, the partner creates a user account. Registration takes place via a social account, i.e. the partner authenticates themselves using an existing social media account (e.g. Instagram, TikTok, YouTube, etc.).
(4) All mandatory fields marked during the registration process must be filled in completely and truthfully. This includes, in particular:
(5) The subsequent account verification is a prerequisite for participating in campaigns. This verification may take place via the following methods:
(6) Should hi! discover during the validation process that the provided profile does not belong to the registered partner, hi! explicitly reserves the right to take legal action against the partner if there is sufficient suspicion of identity theft or intentional deception. This includes, in particular, the assertion of claims for identity theft or fraudulent misrepresentation.
(7) The decision to approve an account for participation in campaigns lies solely at the discretion of hi!. There is no entitlement to approval.
(8) Inadmissible content on linked social media profiles will lead to rejection. This includes, in particular:
(9) Each partner may create only one user account. Multiple registrations are not permitted.
(10) (10) The partner is obligated to treat their login data confidentially and protect it from third-party access. In case of suspected misuse or unauthorized access, the partner must inform hi! immediately.
(11) The following individuals are eligible to register:
hi! reserves the right to request corresponding documentation (e.g. proof of age or parental consent) and may temporarily suspend the user account until verification is complete.
(12) (12) The partner agrees not to distribute any harmful content (e.g. viruses, malware, or other malicious software) while using the platform and to use appropriate security measures (e.g. antivirus software).
hi! offers various campaign types, each with specific requirements and compensation models. The categorization of a campaign and its applicable terms are outlined in the individual campaign guidelines. The primary categories are as follows:
(1) The goal of these campaigns is to increase brand awareness of an advertiser through the partner’s organic content.
(2) Compensation is usually provided as a fixed fee and is tied to the compliance with the publication dates (“posting dates”) defined in the briefing.
(3) Any changes or delays must be communicated to hi! in text form at least 24 hours prior to the agreed-upon time and must include a justification. Unauthorized deviations may result in forfeiture of compensation.
(4) In most cases, content must be approved (“Content Approval”) by hi! or the advertiser prior to publication.
(5) If the campaign is not executed according to the specifications, hi! reserves the right to cancel the originally agreed-upon compensation and reallocate it elsewhere.
(6) If the partner fails to execute the campaign as agreed or violates the campaign guidelines, hi! may impose a reasonable contractual penalty. This applies particularly if the breach results in organizational effort (e.g., finding replacement partners) or financial damage (e.g., unspent campaign budget or lost campaign success).
The amount of the contractual penalty is determined at hi!’s reasonable discretion. As a guideline: the penalty may amount to up to 100% of the originally agreed compensation. Example: If the partner was promised a content fee of €1,000, the penalty may be up to €1,000 depending on the severity of the breach. In less severe cases, a proportional penalty of e.g., 50% may apply. hi! reserves the right to assert further claims for damages.
(1) These campaigns are a combination of branding and performance objectives.
(2) Compensation typically consists of a guaranteed fixed fee amount (e.g., for publication) and an additional performance-based component.
(3) The partner is required to comply with design specifications and to integrate and use a tracking link.
(4) Upon completion of the campaign, a complete campaign report (insights) must be submitted in accordance with Section §4.4. Payout is only made upon full compliance with all elements.
(1) These campaigns aim to generate specific user actions such as clicks, app installs or registrations.
(2) Compensation is purely performance-based and requires the use of a tracking link provided by hi!.
(3) The partner is generally free in the design and timing of publication, provided the campaign guidelines are followed.
(4) Payout is only possible if a valid tracking link was used and proper data collection was ensured.
(5) Manipulative actions to increase conversion rates are prohibited. The provisions regarding fraudulent behavior in Section §4.5 apply.
(1) These campaigns aim to extend organically created partner content through paid social media advertising (“Paid Social”).
(2) The partner produces content according to the briefing and grants hi! or the advertiser usage rights for promotion via social ads.
(3) Compensation is typically a fixed fee for the content creation. An additional performance-based component may be specified in the campaign guidelines.
(4) The exact scope of use (e.g., platform, format, duration, target audience) is transparently communicated to the partner prior to approval.
(5) A separate buyout agreement is concluded between hi! and the partner for Social Influencer Ads campaigns. This agreement contains all relevant terms for rights of use, compensation, and usage.
In case of conflict between the buyout agreement and these terms and conditions, only the provisions of the buyout agreement shall apply.
(1) These campaigns aim to directly generate sales or leads through the publication of individualized links.
(2) Compensation is commission-based, depending on the transactions generated through the respective link.
(3) The partner must ensure that no incentives for deception, manipulation, or abuse of the affiliate structure are created.
(4) hi! reserves the right to review suspicious activity and withhold payments if necessary.
(1) In event campaigns, the partner participates in a physical or virtual event (e.g., product launch, brand activation, trade show, or promotion) by invitation from hi!. These campaigns may require mandatory content creation and/or in-person attendance.
(2) Compensation is provided as a fixed fee, performance-based, or a combination thereof, depending on the applicable campaign guidelines. If travel, accommodation, or other expenses are covered, this will be arranged in advance with hi!.
(3) During the event, hi! or third-party providers may create photo, video, or audio recordings in which the partner is fully or partially visible or identifiable (“event content”).
(4) The partner grants hi! a simple, perpetual, worldwide, and unrestricted transferable and sublicensable right to use the event content. This includes:
(5) Unless otherwise agreed, no additional compensation is granted for the assignment of usage rights to event content. Participation in the event campaign constitutes full compensation.
(6) The partner guarantees they are entitled to grant the above rights and indemnifies hi! from any third-party claims related to these rights.
(1) The campaigns currently available will be displayed to the partner on the platform.
(2) The partner undertakes to perform their advertising services within the scope of campaigns exclusively in accordance with these terms and conditions as well as the applicable campaign guidelines.
(3) Insofar as a campaign specifies certain requirements regarding the design, content, or publication of advertising, the partner is obligated to fully comply with these specifications.
(4) If the partner is unable or unwilling to implement a campaign in accordance with the contract, they must immediately terminate their participation and inform hi! accordingly.
(1) For certain campaigns, it is necessary for the partner to allow hi! to access data from their partner pages via application interfaces (“APIs”).
(2) The technical processing of the API authorization is handled by the third-party provider Phyllo Inc., 5214F Diamond Heights Blvd #1366, San Francisco, CA 94131, USA (“Phyllo”), with whom hi! collaborates for API management.
(3) The partner authorizes Phyllo to collect, process, and transmit to hi! the data from their partner pages as approved by the partner.
(4) By granting the API authorization, the partner grants hi! the non-exclusive, royalty-free, transferable, and sublicensable right, unlimited in time, territory, and content, to use the data provided from their partner pages for the purpose of fulfilling the agreement.
(5) The partner may revoke the API authorization at any time. However, in the event of such revocation, continued participation in certain campaigns may be excluded or restricted.
The partner warrants hi! that:
a) they are authorized to use their partner pages and comply with the terms and conditions of the respective platform providers;
b) they comply with all legal requirements regarding advertising, particularly those relating to advertising disclosures. This includes, in particular, the clear, transparent, and unambiguous labeling of all paid content in accordance with legal requirements (e.g., by using labels such as “advertisement,” “sponsored,” or equivalent notices);
c) they do not publish any content that violates applicable laws, third-party rights, or public decency. The following types of content are especially prohibited:
d) any products provided are used solely for the purpose of carrying out the respective campaign;
e) they do not distribute malware, viruses, or other malicious software;
f) they do not engage in or tolerate any practices intended to manipulate campaign results.
(1) Upon completion of a campaign, the partner is obligated to provide hi! with a campaign report in the form of insights within 72 hours.
(2) The campaign report must include, in particular, the following insights:
(3) The insights must be submitted in the format specified by hi!, typically by uploading screenshots or corresponding performance data from the partner page.
(4) The partner is obligated to provide only unaltered and complete insights. Any manipulation or withholding of insights is strictly prohibited.
(5) hi! reserves the right to review the submitted insights and may request supporting evidence or additional information in the event of irregularities.
(1) The partner undertakes not to engage in, tolerate, or enable any fraudulent activities.
(2) The following shall be deemed fraudulent in particular:
(3) hi! reserves the right to withhold payments, review data, and take appropriate measures — including termination of the contract — in the event of a violation.
(1) If the partner breaches the provisions of this § 4.5, hi! is entitled, at its reasonable discretion, to take the following measures:
a) Deactivation of tracking links;
b) Exclusion from ongoing or future campaigns;
c) Denial or reclaiming of coins;
d) Suspension of the user account;
e) Immediate termination of the contract for cause;
f) Assertion of claims for damages;
g) Reimbursement of the replacement value of any provided products as well as a processing fee of €25.00 per campaign in the event of improper use.
(2) Any further claims of hi! shall remain unaffected.
(1) Partners may earn a performance-based reward in the form of virtual hi! Coins (“Coins”) for successful participation in campaigns. The allocation of coins is governed by these terms and conditions and the applicable campaign guidelines.
(2) The amount of coins awarded is typically based on the number of conversions or other success events defined in the campaign guidelines (e.g., installs, clicks, purchases, views).
(3) The calculation of coins is based solely on the tracking and reporting provided by hi!.
(1) The partner is obligated to submit a complete campaign report to hi! within 72 hours after the end of the campaign in the form of performance insights.
(2) The campaign report must include the following data in particular:
(3) The report must be submitted in the format specified by hi! (e.g., screenshot upload).
(4) If the campaign report is not submitted within 5 days after the campaign ends, hi! reserves the right to take appropriate measures, depending on the nature and scope of the campaign. This may include in particular a reduction of the agreed content fee by up to 10%, or – in the case of serious delays or complete lack of insight submission – the complete forfeiture of the remuneration.
(5) If the partner fails to submit the campaign report even after a deadline extension, hi! may refuse the payout of coins in full.
(1) Coins can be converted into a monetary value and paid out to the Partner, provided that the partner complies with all provisions of these terms and conditions.
(2) Payouts are made in Euros (€).
(3) The minimum payout amount is €20.00. Any unused coins will remain in the partner’s account for a maximum of 18 months, after which they will expire without replacement.
(4) hi! determines the exchange rate from coins to Euro at its reasonable discretion and publishes it on the platform.
(5) Payouts are made by the 15th of the following month to the payment method provided by the partner (currently PayPal or bank transfer).
(1) If the payout is made via PayPal, all PayPal transaction fees will be passed on to the partner and deducted from the payout amount.
(1) hi! will provide the partner with a payment statement for each payout, showing the payout amount and all deductions in a transparent manner.
(2) The partner is obligated to review the statement within 4 weeks of receipt. If no objection is raised within this period, the statement is considered accepted.
The partner is solely responsible for the proper taxation of all payments received from hi!. The partner must ensure that any legally required taxes (e.g., VAT) are correctly listed on their invoices.
(1) hi! offers partners the opportunity to refer other suitable content creators as new partners through the platform (“Referral”). A referral can be made either
a) via the partner’s user profile (“Creator Referral”), or
b) in relation to a specific campaign (“Campaign Referral”).
(2) Creator Referral:
The Partner receives a one-time reward of €10 (1,000 Coins) as soon as the referred creator has been reviewed and officially accepted by hi! as a partner on the platform. The referral is made via a personalized referral link that can be generated in the “Referral” section under “Invite friends” in the user profile.
(3) Campaign Referral:
If the Partner refers a specific campaign to a creator, they will receive a one-time reward of €50 (5,000 Coins) once the referred Creator has demonstrably generated revenue through that campaign. The referral link to be used can be generated directly in the campaign briefing under “Refer a friend.”
(4) The payout of referral rewards is made together with the partner’s next regular monthly payout in accordance with §5.3. A payout claim exists only if the respective conditions are actually met (i.e., approval by hi! or verified revenue generation).
(5) hi! reserves the right to modify or terminate the referral program, in whole or in part, at any time. Payout claims for already fulfilled conditions remain unaffected.
(6) The partner agrees to refer only genuine and interested creators. Misuse of the referral program (e.g., via fake accounts, self-referrals, or automated registrations) may lead to the complete forfeiture of all referral rewards and the suspension of the partner’s user account.
(1) hi! prohibits any advertising within the scope of campaigns that violates legal provisions, regulatory requirements, third-party rights, or commonly accepted moral standards (“Prohibited Advertising”).
(2) In particular, the following types of advertising content are deemed inadmissible:
(3) The advertiser is also prohibited from specifying content or advertising formats within a campaign that violate paragraph (2).
(4) The partner is obligated to thoroughly review the advertising content they intend to publish as part of a campaign. In case of uncertainty or suspicion of prohibited content, the partner must contact hi! for clarification before publication.
(5) If the partner becomes aware before or during the execution of a campaign that content or directives may be inadmissible, they must immediately refrain from publishing such content and inform hi! in writing (text form).
(6) hi! will review the relevant content and campaign instructions. The campaign may only continue after receiving explicit written approval from hi!. Violations of the obligations in this § 7 may result in measures pursuant to § 4.6.
(1) hi! endeavors to make the platform available without interruptions. However, uninterrupted or error-free availability cannot be guaranteed.
(2) hi! is entitled to temporarily limit the availability of the platform if necessary for technical, security-related, or capacity reasons, particularly for maintenance and improvement measures.
(3) In the case of planned maintenance, hi! will take the legitimate interests of the partners into account and inform them in advance, provided this is technically feasible and reasonable.
(4) hi! reserves the right to permanently discontinue operation of the platform. In such cases, any remaining and eligible Coins in the user account will be paid out in accordance with § 5.
(1) In campaigns that follow a performance-based model (e.g., cost-per-install, cost-per-click), the advertiser’s allocated budget may be exhausted prematurely. In such cases, the associated tracking link will be automatically deactivated. The partner will be informed of the deactivation.
(2) The deactivation of the tracking link due to budget depletion does not constitute a technical error or a breach of contract by hi!. The partner has no claim to continue the campaign or to receive compensation in this context.
(3) The partner may contact hi! at any time to proactively inquire about the current budget status of a campaign.
(1) This contract is concluded for an indefinite period.
(1) Both parties may terminate the contract at any time without providing reasons by giving notice in text form, with immediate effect. The decisive date is the date of receipt of the termination notice.
(2) The partner may terminate the contract by:
(1) The right to extraordinary termination without notice for good cause remains unaffected. Good cause shall be deemed to exist in particular if:
a) the partner violates material contractual obligations, especially the guarantees under § 4;
b) the partner repeatedly breaches these terms and conditions or applicable law;
c) hi! discontinues the platform or the contractual basis for this agreement ceases to exist.
(2) In the event of extraordinary termination by hi!, hi! is entitled to:
(3) In such cases, the partner is not permitted to re-register on the platform.
(1) Upon the termination taking effect, the partner’s access to the platform ends.
(2) The partner is obliged to:
(3) Coins properly credited to the partner before the effective date of termination may be paid out in accordance with § 5.3.
(4) There is no entitlement to compensation for campaign content that is published or converted after the termination takes effect – even if tracking links remain technically active.
(5) hi! reserves the right to assert legitimate rights of retention and set-off.
(1) hi! provides the partner with access to the platform in its current state of development. There is no entitlement to specific functions, designs, or a particular campaign scope.
(2) hi! reserves the right to modify, expand, or restrict the platform at any time, provided that such changes reflect technological advancements, legal requirements, or market conditions, and the legitimate interests of the Partners are duly considered.
(3) No warranty is given for the platform being error-free, continuously usable without interruption, or the permanent availability of specific features.
(1) hi! shall be liable without limitation for damages resulting from injury to life, body, or health that are caused by an intentional or negligent breach of duty by hi! or its vicarious agents.
(2) For all other damages, hi! shall only be liable if they are caused by intentional or grossly negligent conduct, or if essential contractual obligations have been breached. Essential contractual obligations are those whose fulfillment is necessary for the proper performance of the contract and on which the partner may regularly rely.
(3) In the event of a slightly negligent breach of essential contractual obligations, liability shall be limited to damages that are foreseeable and typical for this type of contract at the time the contract was concluded.
(4) Liability under the Product Liability Act and for explicitly assumed guarantees remains unaffected.
(1) The processing of personal data by hi! is subject to hi!’s current privacy policy.
(2) The privacy policy is available at www.medialabel.com.
(1) hi! may send the partner all contract-related communications (including changes, campaign information, technical updates, legal notices, etc.) via email to the address stored in the user account.
(2) The partner must ensure that the email address stored in their user account is always up to date and able to receive emails from hi!.
(3) hi! is entitled to regularly inform the partner about new features, functions, campaigns, or relevant content via an email newsletter. The partner may unsubscribe from the newsletter at any time via the settings in their user account or by using the unsubscribe link included in each email.
(4) hi! is not limited to email communication and may also contact the partner through other appropriate communication channels if necessary (e.g., in-app notifications or system messages on the platform).
(1) The partner undertakes to treat all information that becomes known to them or comes to their attention in the course of their cooperation with hi! or the advertiser as confidential.
(2) Confidential information includes, in particular:
– business and trade secrets of hi! or the advertiser,
– content, nature and results of campaigns,
– advertising materials and information on advertised products provided,
– all information marked as confidential or deemed confidential under the circumstances.
(3) The partner may only use confidential information for the purpose of carrying out the cooperation and may not disclose or otherwise use it without the prior written consent of hi!. This obligation shall continue to apply after the end of the contract.
(4) The confidentiality obligation does not apply to information that:
a) was demonstrably already known to the partner prior to disclosure,
b) was already publicly known or generally accessible at the time of disclosure,
c) becomes generally known without breach of this agreement,
d) must be disclosed due to mandatory legal provisions or official/court orders. In this case, the partner must inform hi! immediately.
(5) The burden of proof for the existence of exceptions lies with the partner.
(6) If a separate non-disclosure agreement (NDA) has been concluded between hi! and the partner, the provisions agreed therein shall take precedence. These general terms and conditions remain unaffected.
(1) If the partner is an entrepreneur within the meaning of § 14 BGB (German Civil Code), they grant hi! the right to refer to the existing cooperation with them in a manner customary in the industry. This includes, in particular, the mention of the partner’s name or logo as well as general information about the cooperation in presentations, on the hi! website or in comparable business contexts.
(2) Any further advertising use of the partner’s name, logos or content – for example, in marketing campaigns, social media ads or PR measures – shall only take place with the prior express consent of the partner.
(3) The partner may object to use in accordance with paragraph 1 at any time with effect for the future.
(1) The partner undertakes not to enter into any direct cooperation with advertisers for whom it has provided advertising services within the framework of the platform for the duration of this contract and for a period of six (6) months after its termination. This applies to services that are identical or essentially similar in content or function to the campaign services provided via hi!.
(2) If the partner culpably violates this non-circumvention obligation, hi! shall be entitled to assert a contractual penalty. The amount of the contractual penalty shall generally be between 10% and 20% of the total amount earned by the partner in connection with the circumventing cooperation with the advertiser in question. The specific amount shall be determined by hi! at its reasonable discretion in each individual case and agreed with the partner.
(3) hi! expressly reserves the right to assert further claims for damages or a claim for injunctive relief.
(4) Paragraph 1 shall not apply if the partner proves that it already had an existing business relationship with the advertiser in question prior to the start of the cooperation with hi! and that this relationship came about independently of hi!.
(1) hi! may transfer justified payment claims (e.g. in the event of breaches of contract or refund claims) to external service providers (e.g. debt collection agencies).
(2) Should hi! transfer the contract in its entirety to another company (e.g. in the event of the sale of the platform), the partner shall be informed in advance and may terminate the contract at that time.
(3) The partner may not transfer their rights and obligations under this contract to third parties without the consent of hi!
(1) hi! reserves the right to amend or supplement the terms and conditions with future effect if there is a legitimate interest. Such an interest exists in particular if:
(2) hi! shall inform the partner of planned changes in good time in writing (e.g. by email or via the platform). In the notification, hi! shall expressly inform the partner of:
(3) If the partner does not object to the changes within four (4) weeks of receiving the notification of change, the new general terms and conditions shall be deemed accepted.
(4) If the partner objects to the changes within the deadline, hi! shall be entitled to terminate the user agreement extraordinarily with two (2) weeks’ notice to the end of the month.
(1) The law of the Federal Republic of Germany shall apply, excluding international uniform law, in particular the UN Convention on Contracts for the International Sale of Goods (CISG). The contract language is German.
(2) The exclusive place of jurisdiction for all disputes arising from or in connection with this contract is – to the extent permitted by law – the registered office of hi!, currently Berlin.
(3) This agreement on the place of jurisdiction shall only apply if the partner is a merchant within the meaning of the German Commercial Code (HGB), a legal entity under public law or a special fund under public law. In these cases, hi! shall also be entitled to bring an action at the partner’s registered office or at any other legally permissible place of jurisdiction.
