2.1 A valid contract between medialabel network and the customer for conducting a campaign is concluded through an offer from medialabel network and the acceptance of this offer by the customer according to the following provisions:
2.2 medialabel network creates an individual offer for each campaign for the customer. The offer is considered a binding contractual offer upon receipt in text form by the customer.
2.3 The acceptance of this offer by the customer is made through a declaration in written form. The contract is effectively concluded once medialabel network receives the customer’s written declaration of acceptance. For this, the customer must send the signed offer back to the contact person at medialabel network. The accepted offer will be confirmed by an order confirmation from medialabel network.
2.4 The contract concluded with the customer’s written declaration of acceptance, including these GTC, is solely decisive for the legal relations between medialabel network and the customer. It fully reproduces all agreements between the contracting parties on the subject of the contract. Oral promises by medialabel network prior to the conclusion of this contract are legally non-binding, and oral agreements of the contracting parties are replaced by the written contract unless it is explicitly stated that they continue to be binding.
2.5 Amendments and additions to the agreements made, including these GTC, require written form to be effective.
2.6 To preserve the written form within the meaning of the above regulations, telecommunication transmission, particularly by fax or email, is sufficient, provided that the copy of the signed declaration is transmitted.
3.1 Medialabel network offers different types of campaigns. The customer has the option to choose between the following services (explained in points I -):
I. Performance Campaign: Campaigns based on one or more CPX billing models, to which the customer agrees in advance for the remuneration of medialabel network. The billing models are presented as follows:
a) CPC stands for: Cost-per-Click b) CPI stands for: Cost-per-Install c) CPA stands for: Cost-per-Action, referring to actions following a post-install (mobile apps) or post-click like registration or purchase. d) After the conclusion of the contract, the Performance Campaign is created in the hi! by medialabel network system. e) medialabel network forwards the order for the customer’s campaign to registered influencers, allowing them to review the offer and apply for the campaign or directly implement the campaign. If this measure is insufficient, active influencer acquisition is conducted. f) If the customer is dissatisfied with the selection and quality of individual influencers, they can identify and pause the application of the respective influencer using the Influencer ID provided by medialabel network.
II. Branding Campaigns: Campaigns based on a content fee or CPM billing model, to which the customer agrees in advance for the remuneration of medialabel network.
a) Content Fee: Represents a fixed amount paid by the customer for each contribution or created content. b) Cost per Mille (CPM) or Cost per 1,000 Impressions: Represents a fixed amount paid by the customer for every 1,000 delivered impressions by the influencer. c) After the conclusion of the contract, the Content Fee + CPM campaign is created in the medialabel network system. d) medialabel network actively engages in influencer acquisition, including initial contact and/or follow-up, negotiating conditions (remuneration), onboarding on the medialabel network platform, and supporting influencers throughout the campaign period. e) If the customer is dissatisfied with the selection and quality of individual influencers, they can identify and pause the application of the respective influencer using the Influencer ID provided by medialabel network. f) Influencer Approval (Optional Additional Service): The customer receives influencer profiles for approval or rejection throughout the cooperation. An influencer can only be rejected if a valid reason is provided. This service is not included by default in branding campaigns and is only offered for an additional fee. g) Content Approval (Optional Additional Service): The customer has the option to review every piece of content created by each influencer and provide feedback. If the content still does not meet the customer’s requirements after the feedback round, the customer has the right to request medialabel network to reject the content or the influencer. This service is not included by default in branding campaigns and is only offered for an additional fee. h) If the customer rejects all submitted proposals, medialabel network will submit new proposals created by the influencers. The customer has the right to reject one round of proposals. If the customer also rejects the second set of proposals, medialabel network reserves the right to withdraw from the contract. Medialabel network explicitly reserves the right to claim damages in this case. i) If the customer is dissatisfied with the quality of individual influencers, they can identify and pause the application of the respective influencer using the Influencer ID provided by medialabel network.
III. Brand Performance Campaigns: Campaigns based on a combination of one or more CPX billing models and an additional content fee or CPM billing model, to which the customer agrees in advance for the remuneration of medialabel network.
a) CPX billing model, described in §3 I. b) Content Fee or CPM billing model, described in §3 II c) After the conclusion of the contract, the Content Fee + CPX campaign is created in the medialabel network system. d) medialabel network actively engages in influencer acquisition, including initial contact and/or follow-up, negotiating conditions (remuneration), onboarding on the medialabel network platform, and supporting influencers throughout the campaign period. e) If the customer is dissatisfied with the selection and quality of individual influencers, they can identify and pause the application of the respective influencer using the Influencer ID provided by medialabel network. f) Influencer Approval (Optional Additional Service): The customer receives influencer profiles for approval or rejection throughout the cooperation. An influencer can only be rejected if a valid reason is provided. This service is not included by default in the brand performance campaign and is only offered for an additional fee. g) Content Approval (Optional Additional Service): The customer has the option to review every piece of content created by each influencer and provide feedback. If the content still does not meet the customer’s requirements after the feedback round, the customer has the right to request medialabel network to reject the content or the influencer. This service is not included by default in the brand performance campaign and is only offered for an additional fee.
IV. Social Influencer Ads Campaign: Campaigns based on one or more billing models described in “§3 I” and “§3 II” where the content and profile of the influencer are used by medialabel network to run paid, sponsored ads on behalf of the customer.
a) After the conclusion of the contract, the Social Influencer Campaign is created in the medialabel network system and the planned social media channel’s Ads Manager (e.g., Meta Ads Manager or TikTok Ads Manager) for this campaign. b) A prerequisite for this campaign is that the customer allows medialabel network access to their social media advertising account used for ad placement. c) For Social Influencer Ads, medialabel network accesses active influencers booked for the associated campaign.
V. Performance Display Advertising Campaign: Campaign based on banner campaigns where they perform best. These campaigns can be tailored to specific needs.
After the successfully signed offer, medialabel network confirms the cooperation with an order confirmation and begins work.
medialabel network distinguishes between the beginning of the cooperation and the start of the campaign.
The cooperation begins on the date of the order confirmation.
The campaign starts on the date of the first publication of sponsored content by an influencer on their social media profile or the confirmed date for the publication of the sponsored ad in the social media network.
Once medialabel network begins work, the cooperation cannot be paused or stopped by the customer without plausible reasons. Pausing or stopping the campaign requires a 24-hour notice period, which must occur on working days.
Acceptable reasons for pausing the cooperation are as follows:
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Technical Problems |
Technical problems include all issues of a technical nature. These may include website load times, faulty links, non-responsive designs, faulty tracking, faulty integration, disruptions in social networks, or incompatible systems. |
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Unforeseen External Events |
Unforeseen natural disasters, political events, or other external factors that significantly impact circumstances and necessitate the temporary suspension or termination of a campaign. |
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Budget Overruns/Budget Cuts |
Should a situation arise due to a positive performance overrun or short-term budget cuts where it appears necessary to temporarily pause or terminate the campaign, the customer has the right to take appropriate measures. |
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Insufficient Performance |
If a campaign does not achieve the expected results and does not meet the previously set goals, the customer has the right to pause or terminate the campaign. |
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Delivery/Product Problems/Out of Stock |
If the customer is unable to send products to the influencers on time due to delivery problems or a delayed product launch, or if it is not possible to provide sufficient quantities of the products due to insufficient stock, the customer has the right to temporarily pause or terminate the campaign. |
7. For all the aforementioned reasons, medialabel network will charge the customer 10% of the agreed handling fee for the already started cooperation.
8. If the customer stops the cooperation for other reasons mentioned, the termination payment to be paid by the customer to medialabel network will be individually discussed and based on the reason. However, at least 50% of the agreed handling fee must be calculated.
Beginning of Cooperation:
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Preparation 10% of the Handling Fee |
The obligations under this contract come into effect with the signing of the offer and the sending of the order confirmation. The preparation of the team for the campaign is carried out through an internal kick-off with the team. |
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Setup 10% of the Handling Fee |
Technical setup of the campaign on the hi! platform and any other technical setup for tracking the campaign. |
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Influencer Acquisition 30% of the Handling Fee |
If influencers do not actively apply to participate in the campaign, active influencer research is conducted based on the influencer briefing. |
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Campaign Management 50% of the Handling Fee |
Managing the campaign with communication and negotiation of influencers actively during the campaign. Post-campaign management and creation of performance reports. |
9. If the customer pauses or stops the campaign at the beginning of the cooperation in the steps outlined, the work already completed by medialabel network will be invoiced based on the handling fee.
Start of the Campaign:
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Start of the Campaign |
Influencer live data is planned. |
10. If the cooperation is stopped by the customer in the middle of the campaign, the customer is obliged to compensate medialabel network for the entire agreed handling fee and any already implemented influencer activities.
11. If a contract with the influencer has already been concluded before the campaign is stopped, the influencer has the right to promote the campaign under the agreed conditions. The contract with the influencer includes onboarding in the campaign, the planned publication date, and content production. If this is not possible, the customer is obliged to compensate the influencer and medialabel network for the resulting loss of earnings. This amounts to 50% of the calculated budget and the agreed handling fee.
12. Branding Campaigns:
The above-mentioned guidelines apply to all branding campaigns.
13. Performance Campaigns:
Different regulations apply to performance campaigns, depending on the performance approach.
a) Performance Campaign on CPC
b) Performance Campaign on CPI
c) Performance Campaign on CPO
14. Regardless of the chosen service, the customer is in any case obliged to provide medialabel network with a briefing for the influencers in good time, at least 10 working days before the start of the campaign. medialabel network will send the customer all requirements needed to create the briefing at least 14 working days before the start of the campaign.
15. The campaign begins on the date of the first publication of sponsored content by an influencer on their social media profile or the date of publication of the sponsored ad in the social media network.
16. If the budget specified by the customer for the campaign is exhausted, the campaign will be stopped by medialabel network, and the tracking links will no longer be available.
17. Due to technical reasons, performance updates can only occur every two minutes, which may lead to an overrun of the budget previously agreed upon by the customer. In this case, the customer must pay up to 5% of the overrun of the contractually agreed budget.
18. The customer is free to stop the campaign set by them at any time, provided there are technical problems.
19. If the campaign is canceled by the customer after the contract has been concluded but before the start, the customer is obliged to pay the contractually agreed handling fee in full to medialabel network.
20. If a contract with the influencer has already been concluded before the campaign is stopped, the influencer has the right to promote the campaign under the agreed conditions. If this is not possible, the customer is obliged to compensate the influencer and medialabel network for the resulting loss of earnings. This amounts to 50% of the calculated budget.
21. If the campaign is postponed by the customer for more than 48 hours after the conclusion of the contract but before the start date, the customer is obliged to pay medialabel network an additional compensation of 10% of the contractually agreed budget.
22. If a contract with the influencer has been concluded before the campaign is stopped, the influencer has the right to promote the campaign under the agreed conditions. If this is not possible, the customer is obliged to compensate the influencer and medialabel network for the resulting loss of earnings. This amounts to 50% of the contract budget.
23. medialabel network is free to terminate the campaigns at any time at its discretion and to bill the customer. medialabel network will terminate a campaign particularly if the budget specified by the customer has not been used even after a long period or if too few or no influencers participated in the campaign.
24. medialabel network reserves the right to terminate the campaign if the contracted influencer, despite their contractual obligation, does not provide their service without medialabel network being at fault. In this case, medialabel network will inform the customer immediately that the service owed under the contract was not provided by the influencer and will reimburse any already provided services immediately.
25. If the customer cancels before the campaign is completed, the remuneration to be paid by them is calculated as follows:
26. The prices set by the customer are net, i.e., excluding any applicable VAT.
27. The net fee represents the total amount to be paid by the customer. If this amount becomes due, VAT will be added, which must also be borne by the customer. The customer will receive an invoice for the final amount, with a payment term of 30 days.
28. The customer can make the payment by bank transfer.
29. The campaigns will be billed by medialabel network after the campaign has ended. A campaign is considered ended when the budget specified by the customer is reached, the customer has stopped the campaign, medialabel network has ended the campaign prematurely, or the contractually agreed campaign period ends.
30. The basis for billing the remuneration for the campaigns is exclusively the data generated via the unchanged tracking link generated by medialabel network. Only the numbers from the customer’s tracking provider are used for billing.
31. For performance or brand performance campaigns, the CPX data/results from the customer’s tracking provider (except CPC) are used for billing.
32. For all other billing models (including CPC), the medialabel network (Partners) dashboard data are used for billing.
The customer has no claim to uninterrupted availability of the services. The services of medialabel network may occasionally be interrupted or restricted to allow for repairs, maintenance, or the introduction of new facilities or services. The customer has no claim for default if the medialabel network service cannot be accessed for the above reasons or due to force majeure.
For campaigns, medialabel network does not guarantee that the published links will achieve a specific reach or target a specific audience. Medialabel network is only responsible for ensuring that the tracking links and all relevant information about the campaign are made accessible to the influencers. Whether and on which platform the tracking links are published cannot be guaranteed by medialabel network. However, medialabel network will ensure in its contractual relationship with the influencers that the tracking links are published exclusively on the channels of recognized social networks operated by the influencers themselves.
Under this contract, the customer does not acquire any rights to the content created by influencers for a campaign, particularly regarding name rights, rights to one’s own image, copyright and related protection rights of the influencer or any other third party, nor any rights to the campaign data, especially not to the data generated via the unchanged tracking link generated by medialabel network.
The customer undertakes to refrain from any unauthorized use of the content created by influencers and the campaign data. In particular, the customer undertakes not to use any influencer content or campaign data for internal business purposes (e.g., evaluations, training, etc.) or for reference advertising purposes beyond the end of a campaign without authorization.
The customer shall indemnify medialabel network upon first request from all claims that influencers or other third parties assert against medialabel network, insofar as these are based on unauthorized use of the content created for the customer’s campaign or campaign data attributable to the customer.
For each case of a breach by the customer of the obligation under paragraph 2, the customer shall pay a contractual penalty to medialabel network. The amount of the contractual penalty corresponds to 100% of the net remuneration of the respective offer from medialabel network to the customer for the relevant campaign. The assertion of further damages by medialabel network remains expressly reserved. Any contractual penalty paid shall be credited against any claim for damages.
Medialabel network is liable to the customer in cases of intent and gross negligence in accordance with statutory provisions.
In other cases, medialabel network is only liable – unless otherwise stipulated in paragraph 3 – for the breach of an essential contractual obligation, i.e., an obligation whose fulfillment is essential for the proper execution of the contract and on whose compliance the customer may rely (so-called “cardinal obligation”), and limited to compensation for foreseeable and typical damages. In all other cases, the liability of medialabel network is excluded – subject to the provision in paragraph 3.
The liability of medialabel network for damages arising from injury to life, body, or health, within the scope of a guarantee or procurement risk assumed in accordance with § 276 BGB, and in accordance with mandatory statutory provisions, particularly under the Product Liability Act, remains unaffected by the above limitations and exclusions of liability.
Medialabel network is only liable for the loss of data in accordance with the preceding paragraphs and only if such loss could not have been avoided through appropriate data backup measures by the customer.
The above limitations of liability apply correspondingly to representatives, executive and non-executive employees, other vicarious agents, and subcontractors of medialabel network.
The above provisions do not entail a reversal of the burden of proof.
In the event that medialabel network presents the customer with an offer for a desired campaign naming a specific influencer, the customer undertakes to refrain from entering into a contractual relationship directly with the relevant influencer for this campaign or a campaign with essentially the same content, thereby circumventing the services of medialabel network.
During the entire service period of an ongoing campaign, the customer is prohibited from making direct contact with the influencers used for the campaign.
For each case of a violation by the customer of the provisions in paragraphs 1 or 2, the customer shall pay a contractual penalty to medialabel network. The amount of the contractual penalty corresponds to 100% of the net remuneration of the respective offer from medialabel network to the customer for the relevant campaign. Medialabel network reserves the right to assert further claims for damages. Any contractual penalty paid will be credited against any claim for damages.
If the customer enters into a contractual relationship directly with the influencer, bypassing medialabel network’s services, within six months after the last completion of a campaign and provision to the customer by medialabel network, for the creation of a new campaign not covered by the last campaign created with the involvement of medialabel network, the customer shall pay a commission to medialabel network for the creation of this new campaign. The amount of the commission corresponds to the commission contractually agreed by the parties for the last campaign completed by medialabel network with the relevant influencer. If no separate commission was specified in the contractual agreement of the parties for the last completed campaign with the relevant influencer, the commission amounts to 10% of the agreed net remuneration for the relevant service. The commission becomes due 10 working days after medialabel network becomes aware of it and notifies the customer. Medialabel network will issue an invoice to the customer. Invoicing is not a prerequisite for the due date.
By concluding the contract, the customer agrees to be named as a reference by medialabel network in a manner customary in the industry. The references may be presented in both digital and non-digital form. In presenting the reference, medialabel network may use the customer’s company name and logo as well as any other publicly known information, such as the customer’s industry. For the purposes of this reference, the customer grants medialabel network a free, non-exclusive right to use the customer’s company name and logo without limitation in terms of space, time, and content.
The customer can revoke their consent to the above reference and the granting of rights in writing to medialabel network at any time for the future.
If the customer revokes their consent, medialabel network will cease providing the reference within a reasonable period. Generally, a minimum period of one month is appropriate for easily changeable uses (e.g., website, emails, social media channels, etc.), and a minimum period of six months is appropriate for discontinuing other uses.
The law of the Federal Republic of Germany applies, excluding the provisions of international private law and the UN Convention on Contracts for the International Sale of Goods (CISG). The contract language is German.
The exclusive – including international – place of jurisdiction for all disputes between medialabel network and the customer is the headquarters of medialabel network in Berlin.
Should individual provisions of these GTCs be wholly or partially invalid or should there be a need for supplementary regulation, the validity of the remaining GTCs shall not be affected. In such a case, medialabel network and the customer will negotiate an effective and reasonable regulation that comes as close as possible to the economic purpose pursued by the contracting parties with these GTCs.
