Preamble

The use of the platform hi!share.that offered by medialabel network GmbH by partners is exclusively subject to the terms of this agreement (“GTC” or “Agreement”) between you and the

medialabel network GmbH

Unter den Linden 32-34, 10117 Berlin

Tel:
+49(0)30 4063 3060

Email:
info@hisharethat.com

AG Berlin-Charlottenburg Registration number: HRB 199129 B

Managing directors: Silvia Lange, Tivadar Szegeny

In order to use the platform hi!share.that as a partner, you must agree to the GTC in the present form. General terms and conditions of partners do not become part of the contract or agreed upon, unless medialabel network GmbH has explicitly accepted them in written form.

1 General, definition

1. hi!share.that or platform refers to the online advertising platform hi!share.that provided by medialabel network GmbH at www.hisharethat.com. hi!share.that also refers to medialabel network GmbH as provider of the platform. The platform hi!share.that enables partners to participate in campaigns for different advertisers, in the context of which they create advertisements and publish them on their partner pages. hi!share.that is in no way obligated to make campaigns available to partners via the platform in a certain quantity or quality.
2. Partner means a natural or legal person who uses Platform under the terms and conditions of these GTC. Partner intends to publish advertising on its Partner Sites as part of campaigns.
3. Partner Sites collectively refers to all advertising spaces that can be used for display advertising in online or mobile media (e.g. online accounts in social networks or video portals, websites, etc.) that are legitimately available to the Partner.
4. Advertiser means a company (e.g., the provider of an app or an advertising agency working for this provider) that wants to place advertising on the Partner Sites to promote a product (e.g., an app).
5. Campaign means each individual offer published on the Platform to the Partners to advertise a Product under the respective specified Campaign Guidelines and, in the case of participation of Partners, each advertising of the Product by them on the Partner Sites.
6. Campaign Guidelines means conditions, specifications, instructions and other guidance applicable to the conduct of a Campaign. It is always a condition of participation in the campaign that Partner accepts and complies with the applicable campaign guidelines.
7. Advertising or Advertisement means the display by Partner on its Partner Site within the framework of a Campaign consisting of the advertising material used in each case (e.g. texts, graphics, images, sounds, videos, etc.) created by Partner itself and/or specified by Advertiser.

2 Registration and conclusion of contract

1. The use of the platform requires that the Partner concludes a contract with hi!share.that regarding the use. This contract is concluded by the successful registration. By registering, the Partner acknowledges the validity of these GTC.
2. Registration for the platform is possible free of charge. If the Partner receives Coins (cf. § 5 (1)) for participating in a campaign within the scope of using the platform and would like to have the monetary equivalent of these Coins paid out, hi!share.that shall charge a processing fee for each payment in accordance with § 5 (13). Beyond that, there are no costs for the use of the platform.
3. Registration takes place by creating a user account. To do this, Partner fills out the corresponding input mask on the platform. All fields of the registration form marked with “required” must be filled in. In any case, a valid e-mail address is required. Registration is not complete until the Partner has received an e-mail from hi!share.that verifying his e-mail address and has clicked on the confirmation link sent therein.
4. The registration can optionally also be done via so-called social login using an already existing Facebook or Google+ account of the partner.
5. The Partner is not entitled to register and conclude a user contract.
6. Partner warrants that all data provided by it when creating the user account are true and complete.
7. Only one user account can be created per person or one user contract can be concluded with hi!share.that.
8. Partner has to ensure that his user account can only be used by him and for this purpose he will take the appropriate precautions to keep his login data secret and will not disclose the login data to third parties. The partner is obliged to inform hi!share.that immediately if he becomes aware that his login data is used in an unauthorized way or if such a use is possible by an unauthorized obtaining of the login data.
9. Natural persons are only entitled to conclude a contract with hi!share.that if they
10. have reached the age of 18 (adults) or
11. have not reached the age of 18 but have reached the age of 7 (minors with limited legal capacity) and have demonstrably been given the effective consent of their legal representatives.

The age of partners is requested during the registration process and must be stated truthfully. hi!share.that will make reasonable efforts, taking into account the available technology, to ensure that minors with limited legal capacity have the legal representative’s consent to the contract, including participation in the campaigns. In most cases, the legal representative of the minor with limited legal capacity is both parents, so that both parents must also give their consent.

1. Furthermore, the partner will provide hi!share.that with proof of his age upon request and – in case of minors with limited legal capacity – with the consent of his legal representatives. hi!share.that reserves the right to block the user account of the partner until such proof is provided.
2. Partner ensures that he does not spread any malware (e.g. viruses, Trojans, etc.) or other programming that may damage the IT systems of hi!share.that or advertisers through his use of the user account and takes all necessary protective measures for this (anti-virus scanner, etc.).

3 Validation of the user account

1. It is a mandatory requirement for the participation in campaigns that the partner has his user account validated once by hi!share.that beforehand. Within the scope of the validation, hi!share.that checks whether the partner fulfills the necessary quality and security requirements to participate in campaigns. Within the scope of the validation the partner has to
2. prove a reach of its partner pages of at least 3,000 followers by submitting the relevant URL links and
3. submit a description of the planned advertising measures (format, concept, placement) and
4. upload the screenshot of an example campaign execution (image, headline, description).
5. The decision on the validation of the user account is made by hi!share.that in its sole but reasonable discretion in order to be able to guarantee the advertisers quality and security with regard to the campaigns. Partner has in no case a right to have his user account validated.

4 Campaign Execution; API Sharing; Access and Use Rights for APIs, Account Functions and Data; Warranties;

1. The current campaigns in which the partner can participate are displayed on the platform.
2. The Partner undertakes to perform its (advertising) services within the scope of campaigns only in accordance with this Agreement – in particular the guarantees set forth in § 4 (5) – and the respective campaign guidelines.
3. The execution of certain campaigns requires that the Partner allows hi!share.that to access functions and/or data of its Partner Sites via an application interface (so-called APIs; e.g. Facebook Business API, Facebook Graph API, Instagram Graph API, TikTok For Business Marketing API etc.) for the purpose of this Agreement (“API Release”). A required API Release can usually be granted by the Partner individually in the account of its Partner Site (e.g. at Facebook, Instagram or TikTok) and hi!share.that will thereupon receive the actual possibility to use the API to the extent determined by the Partner. As far as hi!share.that receives the actual possibility to use the API, this is implied as an API release in the corresponding scope.If the Partner grants hi!share.that an API release, he thereby grants hi!share.that the free right to (a) comprehensively use the respective API and (b) access all functions and/or data of the Partner Site via the API within the scope of this API release for the purposes of this contract.

As far as functions and/or data can be accessed within the scope of an API release, the partner also grants hi!share.that a simple, temporally, locally and content-wise unlimited, non-revocable, transferable and sub-licensable right to use the data and functions of the partner site free of charge for the purposes of this contract.

4. In the event that it is not possible for the Partner to comply with this contract and/or the campaign guidelines when carrying out a campaign, the Partner must immediately refrain from carrying out the campaign. This also applies if the campaign guidelines contain specifications of an advertiser that contradict this contract – especially the guarantees mentioned in § 4 (5). hi!share.that is to be informed in this case.
5. Partner warrants hi!share.that under this Agreement and for the performance of all Campaigns,
6. that he is entitled to the required use of the partner sites and that he complies with all provisions and specifications of the respective providers for the required use of the partner sites;
7. that he has granted hi!share.that all necessary API releases in due time before the start of the campaign and that he will not revoke these for the duration of the campaign and its evaluation and that he has granted hi!share.that all rights according to § 4 (3) S. 3 and 4 to the full extent within the scope of these API releases.
8. that the creation and publication of the advertising is always in accordance with good morals and all applicable laws (e.g. criminal and regulatory offence law, competition law, the Interstate Broadcasting Treaty, the Telemedia Act, etc.). This guarantee also includes, in particular, the Partner’s compliance at all times and without restriction with all legal requirements regarding advertising labels.
9. that the advertising produced and published – also irrespective of § 4 (5) c – is always free of all racist, violence glorifying or trivializing, extremist, inciting or calling for criminal acts or violations of the law, threatening life, limb or property, inciting against persons or companies; is not content that violates personal rights, is defamatory, defamatory, offensive, pornographic, sexist, sexually harassing, obscene, vulgar, disgusting, shocking, or that trivializes drunk driving or illegal drug use.
10. not to disseminate advertising or inaccurate warnings of viruses, malfunctions and the like, or to solicit participation in sweepstakes, snowball systems, chain letters, pyramid schemes and similar campaigns.
11. that the creation and publication of the advertisement does not violate any absolute rights of third parties (e.g. copyrights and ancillary copyrights, trademark rights or personal rights, etc.). In particular, the Partner guarantees to be entitled to use all photos, graphics, videos, texts, sounds, musical works and recordings or other materials used by the Partner in the context of a campaign for the creation and publication of advertising;
12. that there is no malfunction or attempted malfunction regarding the proper functioning of the platform and especially the tracking methods applied by hi!share.that;
13. that the publication of the advertisement is not likely to harm hi!share.that or the advertiser, especially with regard to their good reputation and public image.
14. not to modify or alter any Advertising to be released by hi!share.that after its release without the prior consent of hi!share.that, it being understood that Partner shall generally be free to incorporate the Advertising as it deems appropriate so long as such incorporation is in accordance with this Agreement and the Campaign Guidelines; and
15. That he did not take any fraudulent action (cf. § 4 (6)) intentionally seizes, allows third parties to seize, tolerates or otherwise intentionally aids and abets them.
16. hi!share.that maintains adequate means to prevent Fraudulent Actions. Partner will assist hi!share.that in preventing Fraudulent Actions. “Fraudulent Actions” shall include, but not be limited to:
17. Any activity performed by a bot, script, automated program or similar program to create the impression that an actual conversion has been delivered. The term further includes any actions that are generally considered fraudulent or abusive, according to generally accepted principles of online marketing; such as those prohibited by leading affiliate marketing and keyword advertising programs: such as generating inquiries, completing surveys, completing referrals by automated means or with false information, or tolerating such behavior from third parties.
18. Incentivized installs: It is not allowed to offer incentives (rewards or benefits) to users for activities that bring about a successful install. This includes explicitly asking users to install an app just to support the partner. Accordingly, installs achieved through offered incentives will be considered invalid and coins received for them will be deducted retroactively.
19. Excessive self-installations: Excessive installation of apps on your own devices for the sole purpose of obtaining coins and without the intention of presenting the app to an external audience is not allowed.
20. Abused Reach: Any reach of the Partner on the Partner Sites used by the Partner that the Partner acquires due to illegal or abusive methods, in particular through purchased social media followers or Like counts.
21. hi!share.that reserves the right to check the published advertisement of partners for fraudulent actions. An obligation of hi!share.that to such a check does not exist.
22. In the event that the Partner violates the guarantees according to. § 4 (5). violates, partner has the right,
23. Exclude Partner from all campaigns effective immediately, disable Partner’s tracking links, and require Partner to remove advertising from Partner Sites; and
24. temporarily block Partner’s user account; and
25. extraordinarily terminate the contract with Partner without notice.
26. In case the partner violates § 4 (6) (Fraudulent actions), hi!share.that has the right not to pay out the reward (“Coins”, cf. § 5 (1)) for the campaign in question or to deduct or reclaim received rewards.
27. Partner indemnifies and holds hi!share.that harmless from all claims of third parties (incl. the advertiser) against hi!share.that and the costs incurred by hi!share.that (incl. necessary legal fees), which are based on a violation of the guarantees mentioned under § 4 (5) by Partner.
28. Partner shall immediately provide hi!share.that upon request with all information received from providers of partner sites in connection with the publication of advertising within the scope of a campaign (e.g. gender of the reader, time of reading, age of the reader, etc.). In doing so, the Partner shall provide hi!share.that exclusively with non-personal data.
29. In case the partner is provided with products of the advertiser for a campaign and the partner performs this campaign (i.) not, (ii.) not according to the respective campaign guidelines of the advertiser and/or (iii.) in violation of the guarantees according to § 4 (5) of this contract, the partner is obligated to reimburse hi!share.that for the replacement value of the products and the costs of the shipment to the partner – as well as to pay to hi!share.that a handling fee in the amount of 25.00 EUR per campaign. The assertion of further claims for damages remains unaffected; however, in case of assertion of further claims for damages, a contractual penalty is to be credited.

5 Rewards program; hi!share.that Coins; Processing Fee.

1. Partner may earn a performance-based reward in the form of virtual hi!share.that Coins (“Coins”) for participating in a Campaign in accordance with the terms of these TOS and the applicable Campaign Guidelines.
2. The number of coins credited to the affiliate’s user account as a performance-based reward is usually based on the number of conversions by the affiliate. Conversion means a predefined event, such as a user installing an advertised app on their device within a certain amount of time. Conversions can be defined differently for each campaign. The definition of conversion applicable to each campaign, the number of coins to be earned per conversion, and possible other specifications such as daily caps and targeting criteria are defined in the campaign guidelines. If the Partner participates in a campaign, he thereby agrees to the relevant campaign guidelines.
3. The number of valid conversions is measured by hi!share.that through industry standard tracking tools. It is usually necessary that the partner integrates a tracking link in his advertisement on the partner site. The selection of the tracking tool used is made in the sole reasonable discretion of hi!share.that. Based on the tracking result, hi!share.that creates a campaign report and makes it available to the partner on the platform. The campaign reports are usually made available at the end of a campaign, but in any case on a monthly basis.
4. The campaign report shall be deemed accepted if Partner does not object in text form within 14 days after it has been made available.
5. Beyond the campaign report, the partner has, if applicable. Access to online statistics within the platform. These statistics are only preliminary and not binding. Only the campaign report is used as the basis for calculating the reward.
6. In the event that a discrepancy of more than ten percent (10%) occurs between hi!share.that’s campaign report and the Partner’s data, the parties shall agree in good faith on a review of the relevant data and, if necessary, an adjustment of the campaign report. However, if the reasons for the discrepancy cannot be resolved within 14 days, the Campaign Report shall be deemed authoritative.
7. The Coins are the virtual reward of the hi!share.that reward program. The monetary equivalent of the Coins will be determined by hi!share.that in accordance with the terms of this Agreement and paid to the Partner. Existing Coin balances do not earn interest.
8. In order to be able to calculate programs of hi!share.that in different regions and countries uniformly, the monetary equivalent of the coins is determined in US dollars at a flat rate determined by hi!share.that, which is displayed to the partner on the platform.
9. The payouts are made monthly, but for rationalization reasons only if the monetary equivalent of the coins in US dollars reaches a minimum amount of USD 50 at the end of a calendar month. If the minimum amount is not reached, the coins will remain on the account until the minimum amount is reached by rewarding with more coins. Unpaid coins are valid for 18 months and expire if the minimum amount that can be paid out has not been reached by then.
10. The payout to the Partner will be made in Euro. The hi!share.that conversion rate of the US dollar value of the Coins into the Euro value for the payout is determined by hi!share.that in its sole reasonable discretion and displayed to the Partner on the hi!share.that website. hi!share.that is guided by the official exchange rates published by the European Central Bank. hi!share.that regularly adjusts the hi!share.that conversion rate, but it does not reflect the official exchange rate.
11. For payouts, the hi!share.that conversion rate in effect on the payment date is applied to the total payout amount.
12. Payments to the Partner for a calendar month will be made by the 15th of the following month using the payment method specified by the Partner in the user account (currently PayPal or bank transfer).
13. For each payout to the partner hi!share.that charges a processing fee. The processing fee amounts to 3% of the respective payout amount. The processing fee will be deducted by hi!share.that from the respective payout.
14. hi!share.that issues a payment receipt to the Partner for each disbursement, which reflects the respective disbursement to the Partner and due Processing Fee according to the applicable tax laws. The Partner agrees that the payment vouchers may be issued by hi!share.that in electronic form.
15. Partner will check the payment document within four weeks. If the Partner does not object within these four weeks after receipt of the payment voucher, the payment voucher shall be deemed accepted.
16. Partner is responsible for its own tax matters. If required by law, the Partner as the invoicing party shall list applicable taxes individually on its invoice.

6 Advertising content

1. hi!share.that prohibits advertisers from providing advertising content, requesting advertising forms or having products advertised within the scope of the campaigns that are immoral or illegal or violate the rights of third parties (“Inadmissible Advertising”). However, it is Partner’s responsibility to verify and ensure that the advertising content and forms used do not constitute Prohibited Advertising before conducting a Campaign.
2. In case Partner finds out in the course of his preliminary check or during the execution of a campaign that the execution of a campaign requires Inadmissible Advertising, he has to immediately refrain from the execution and inform hi!share.that in text form. hi!share.that will check the campaign and in case of a violation of the advertiser will terminate the respective campaign. Partner will only continue the discontinued campaign after explicit approval by hi!share.that.

7 Participation in event content productions

1. In the event that Partner participates in an event content production of hi!share.that (“Content Production”), in which photo or video material of Partner (“Content”) is produced free of charge, the provisions of this clause 7 shall apply.
2. As far as hi!share.that provides the partner with photo and/or video material in connection with a content production, the rights of use remain with hi!share.that.
3. As far as copyrights, ancillary copyrights and/or other rights to the content arise with the partner, the partner grants hi!share.that the simple right, unlimited in time, space and content, transferable to third parties and sublicensable to third parties, to use the content, including any images of the partner, with or without mentioning the name of the partner, comprehensively in all media, especially for purposes of a commercial marketing of hi!share.that and/or third parties or the products and/or services of hi!share.that and/or third parties, e.g. via online media, including (mobile) internet, e-mails, apps, video portals (e.g. You Tube etc.), social networks (e.g. Facebook, Instagram, TikTok etc.) and blogs, whereby this enumeration is only exemplary and not conclusive. Partner grants hi!share.that the following rights of use in particular:
4. The right to reproduce, make publicly available and distribute, i.e. the right to reproduce and make publicly available or publicly reproduce the content without limitation, including any technical possibilities, in particular through digital integration in online media;
5. the right to make the content available on demand, i.e. the right to store the content, make it available to the public, transmit it to one or more persons, in all analog or digital electronic databases, electronic data networks and networks of telecommunication services;
6. the right of public reproduction, i.e. the right to reproduce the content commercially or non-commercially, by sound carriers, image carriers, video carriers, multimedia carriers or other data carriers, in particular also magnetic tapes, magnetic tape cassettes, image disks, chips, in all formats, using all analog and digital processes and techniques;
7. the editing right, i.e. the right to redesign and edit the content as desired, in particular to digitize it for the purpose of integrating it into online media, while preserving the partner’s moral rights, either itself or through third parties, as well as
8. the right to advertise, i.e. the right to use the content for the commercial marketing of hi!share.that and/or third parties or of products and/or services of hi!share.that and/or third parties also in any other media and outside the internet, especially on television, in print media and at trade fair events.

The granting of the rights includes a use of the content in extracts and a use in connection with other works.

1. The partner guarantees hi!share.that the existence of the rights granted according to § 7 (3) and assures that these rights are neither completely nor partially transferred to third parties or encumbered with rights of third parties. In this respect, the partner indemnifies hi!share.that from all claims of third parties and is liable for all damages in this context, especially for the necessary and reasonable legal costs, even without own fault.
2. hi!share.that is entitled until an indefinite period of time to refer to the (former) cooperation in business reports, chronologies, (online) company publications, etc. in an appropriate form.
3. The participation in the content production of hi!share.that and the uses of the content released by hi!share.that in individual cases are free of charge for partners. With the free participation and usage option according to sentence 1, all services of the Partner in the context of the content production (including the transfer of rights according to § 7 (3)) are compensated. Partner shall not receive any further remuneration for the granting of rights pursuant to § 7 (3).

8 Availability of the platform Warranty

1. hi!share.that makes every effort to provide the platform without interruptions. However, no liability can be assumed for the constant availability of hi!share.that. hi!share.that may temporarily restrict the availability of the platform if this is necessary with regard to capacity limits, the security or integrity of the servers or for the implementation of technical measures and this serves the proper or improved provision of services (maintenance work). hi!share.that considers the legitimate interests of partners in these cases, e.g. by providing advance information.
2. hi!share.that also reserves the right to discontinue the operation of the platform for an unlimited period of time. hi!share.that will inform partners in advance in case of such discontinuation. Coins credited to the user account will be paid out.

9. contract term and termination

1. The contract is concluded for an indefinite term.
2. The parties may terminate the contract without cause at any time with immediate effect. The date of receipt of the notice of termination shall be decisive.
3. The right of the parties to terminate the contract extraordinarily for good cause shall remain unaffected.
4. hi!share.that shall be entitled to terminate the contract without notice in particular if the Partner breaches its warranties pursuant to § 4 (5).
5. In cases where hi!share.that is entitled to an extraordinary termination, hi!share.that always also has the right to terminate ongoing campaigns of the partner and to temporarily block the user account and the access to the platform for the time being.
6. All Coins credited until the effective date of the termination or a payment of the equivalent value according to § 5 remain unaffected. The legal rights of retention of hi!share.that remain unaffected.
7. Partner may terminate the contract in text form to hi!share.that, medialabel network GmbH, Unter den Linden 32-34, 10117 Berlin, e-mail: info@hisharethat.com. A statement of reasons is not required.
8. After termination of the contractual relationship, access to the platform will be blocked. The Partner shall cease the implementation of all campaigns and shall be obliged and responsible for the removal of the advertising materials and links in question. Partner shall in no case receive remuneration for campaigns carried out after termination of the Agreement, in particular not for conversions carried out after termination
9. In case of an extraordinary termination hi!share.that reserves the right to exclude partners permanently from using the platform. In this case, the partner is not entitled to re-register.

10. functional scope and warranty

hi!share.that grants the partner under this contract access to the platform in its respective state and functional scope. The partner has no claim to a certain existing or achievable state or functional scope. hi!share.that reserves the right to continuously adapt the offered platform according to the possibilities and requirements of a progressing state of the art and a changing offer of campaign and advertising models.

11 Limitation of liability

hi!share.that excludes liability for slightly negligent breaches of duty, unless damages resulting from injury to life, body or health or guarantees are affected or claims under the Product Liability Act are affected. Furthermore, liability for the breach of obligations whose fulfillment is essential for the proper execution of the contract and on whose fulfillment the Partner may regularly rely shall remain unaffected. The same applies to breaches of duty of the vicarious agents of hi!share.that.

12 Data protection

For the collection and processing of personal data of partners by hi!share.that the privacy policy of hi!share.that applies. The current version is available on the website of hi!share.that www.hisharethat.com.

13 Communication

hi!share.that may send the Partner all communications concerning this contract and the use of the platform by e-mail to the e-mail address stored in the Partner’s account. The Partner shall ensure that it receives all communication transmitted to the address stored in the account. hi!share.that is, however, not limited to communication via e-mail.

14 Confidentiality

1. All business and trade secrets of hi!share.that or the Advertiser disclosed to the Partner or coming to the Partner’s knowledge, the content and the results of the cooperation (in particular, but not conclusively, information about the type and content of the campaigns as well as the provided advertising materials and advertised products) as well as any other information marked with a confidentiality notice or reasonably recognizable as confidential (hereinafter referred to as “Confidential Information”) are subject to a confidentiality obligation of Partner.
2. The Partner undertakes to maintain strict confidentiality with respect to all confidential information that comes to its knowledge in the course of the collaboration and to use the confidential information only in the course of the collaboration or in accordance with the campaign guidelines. The foregoing obligation shall survive the expiration of this Agreement.
3. This confidentiality obligation does not apply to information that demonstrably:
4. were already known to the partner prior to the notification, or
5. were known or generally available to the public prior to the notification, or
6. become known or generally available to the public after notification without the participation or fault of the Partner and in the confidentiality of which hi!share.that and the Advertiser no longer have an interest, or
7. by Partner due to a binding official or judicial order or mandatory legal provisions, in which case Partner shall immediately inform hi!share.that in writing and shall ensure that confidential treatment is maintained to the greatest possible extent.

The burden of proof for the existence of the aforementioned exceptions lies with the Partner.

15 Reference advertising

If the Partner is an entrepreneur in the sense of § 14 BGB (German Civil Code), the Partner grants hi!share.that the right to refer to the existing cooperation with the Partner in a manner customary in the industry, in particular in advertising materials and on the hi!share.that website. The Partner may object to such reference advertising at any time with effect for the future.

16 Non-circumvention

1. Partner agrees, during the term of this Agreement and for a period of one (1) year following its termination, to refrain from circumventing hi!share.that by directly offering or providing, or contractually agreeing to offer or provide, such advertising services to advertisers for whose hi!share.that campaigns Partner has provided advertising services under this Agreement that are identical or substantially similar to the advertising services Partner provides under hi!share.that.
2. Partner shall be liable for damages in the event of culpable breach of its obligation not to circumvent under § 16 (1).
3. For each case of breach of the obligation not to circumvent, Partner shall pay a contractual penalty due immediately. The amount of the contractual penalty is calculated as 200% of all payment amounts that Partner has received from hi!share.that in the 12 months prior to the violation for campaigns with products or advertisements of the advertiser with regard to which the circumvention took place. The Partner is free to prove a lesser damage. This does not exclude hi!share.that from asserting further damages and, if applicable, a claim for injunctive relief for the future.
4. The provisions in §16 (1) to §16 (3) shall not apply if the Partner can prove that it has already provided corresponding advertising services for the relevant Advertiser independently of hi!share.that prior to the conclusion of this Agreement.

17. transfer to third parties

1. hi!share.that is entitled to transfer payment claims against the Partner as well as all rights and obligations arising from the contract with Partner to third parties without the consent of Partner. In case of transfer of all rights and obligations, the Subscriber is entitled to terminate the Subscription Agreement as of the effective date of the transfer.
2. Partner may not transfer its rights and obligations under the Subscription Agreement to third parties without the consent of hi!share.that; this does not apply to possible payment claims of Partner (e.g. claims for damages).

18 Changes to these GTCs

1. hi!share.that reserves the right to change these GTC at any time without giving reasons, if the legal framework for the operation of the offered platform changes, if individual functionalities of hi!share.that are revised or extended or if the GTC contain regulatory gaps, unless this is not reasonable for the partner.
2. hi!share.that will inform the partner about changes of the GTC in due time. If the subscriber does not object to the new GTC within four (4) weeks after such notification, the parties agree that the changed GTC become part of the contract. hi!share.that will inform the partner in the notification about his right to object and the importance of the objection period. If the partner objects to the new GTC, hi!share.that has the right to terminate the user contract with the partner without notice.

19. miscellaneous

1. The law of the Federal Republic of Germany shall apply to the exclusion of the provisions of international uniform law, in particular the UN Convention on Contracts for the International Sale of Goods. The contract language is German.
2. For all disputes arising from the contractual relationship, if the partner is a legal entity under public law or a special fund under public law, the exclusive – also international – place of jurisdiction is the place of business of hi!share.that, currently Berlin. The same applies if the partner is a merchant and the transaction is a commercial transaction for him. hi!share.that is also entitled to sue at the place of the merchant’s branch office, the seat of the legal entity or the seat of the authority.