warunkami rejestracji oraz informacjami
TONY the petfluencer agency GmbH & Co. KG, Merowinger Str. 61, 40225 Duesseldorf, hereinafter referred to as “TONY”, operates an online platform at the Internet address tony-petfluenceragency.com. Here, influencers who specialise in pets, hereinafter referred to as “petfluencers”, can register by providing personal data. The registration purpose is to include the profile in our protected petfluencer database for possible cooperation as a product tester or in the form of campaigns with interested advertising companies, hereinafter referred to as “customer”. By completing the registration, the petfluencer accepts these registration conditions as binding.
Registration at TONY is free of charge for the petfluencer. As a general principle, persons of full age are entitled to register. Petfluencers who influence their reach in social media by means of purchased followers or other improper use are excluded from registration.
There is no legal entitlement to inclusion in our database, or to the conclusion of a cooperation agreement.
Upon registration, the petfluencer commits him/herself to enter all necessary personal information truthfully and completely in the registration form and not to impersonate any other person. Petfluencers will notify TONY of any changes to personal data in a timely manner.
Use of the platform, availability
The petfluencer undertakes not to misuse the online platform and to use it solely within the scope of the applicable laws. The petfluencer will keep all security-relevant login data, such as user name and password, strictly confidential and protected from third parties. If the petfluencer becomes aware that the personal login data has been or will be used in an unauthorised manner, TONY will be informed of this in writing immediately.
TONY reserves the right to make changes to the online platform at any time and without prior notice or justification and to switch it off, either temporarily or permanently.
Petfluencers have no legal entitlement to use the online platform and may be excluded from the petfluencer database without prior notice.
Product tests and cooperation
To find appropriate petfluencers for product tests or other campaigns, among other things, TONY accesses the profiles stored at tony-petfluenceragency.com. For this, the information entered in the profile is filtered and evaluated.
TONY is entitled to send the registered petfluencer unsolicited products for testing. The petfluencer does not incur any costs or any further obligations. Reporting on the products on the petfluencer channels is voluntary.
In addition to unsolicited product tests, TONY also carries out campaigns for customers.
If a petfluencer is a match for the campaign requirements, TONY creates a briefing that summarises the contractual contents and conditions, and this is then sent to the petfluencer electronically. If the petfluencer agrees to the briefing, he or she declares a binding interest in carrying out the campaign in accordance with the conditions stated in the briefing. By receiving the briefing, the petfluencer is not granted a legal entitlement to execution of the campaign, nor is a legally-binding contract effected. Only the subsequent written or electronic contractual confirmation by TONY provides the foundation for the contract between a petfluencer and TONY.
In addition to this, the petfluencer grants TONY and the involved customers an exclusive, irrevocable, transferable and indefinite right of use to the work results produced within the campaign/product tests.
Obligations of the petfluencer
A petfluencer is under no obligation to publicise an unsolicited product. If a petfluencer publicises the product on the web, it must be ensured that no material is used or published that is in violation of applicable laws. This includes, in particular, pornographic contents, as well as contents that incite hatred, immoral, extremist or trademark and copyright infringements.
If the petfluencer has received an order on the basis of a briefing and accepts the terms, the petfluencer commits him-/herself to duly execute the respective contract as agreed in the briefing. The petfluencer will ensure that no materials are used and published that violate applicable, valid laws. These would include, in particular, pornographic, inflammatory, immoral, extremist or infringing contents.
In each case of a publication, the petfluencer commits him-/herself to mark this as an advertisement in each case, in accordance with the applicable legal regulations.
TONY shall be liable in accordance with the statutory provisions. In the event of slight negligence, TONY shall only be liable in the event of breach of material contractual obligations (cardinal obligations) and in the event of injury to life, limb or health, or in the event of guarantees and in accordance with the Product Liability Act. Apart from this, the pre-contractual, contractual and non-contractual liability of TONY shall be limited to intent and gross negligence, whereby the limitation of liability shall also apply in the event of the fault of a vicarious agent of TONY. No additional liability exists on the part of TONY.
The petfluencer indemnifies TONY against all third-party claims, in particular those arising from a breach of social security, competition, copyright and tax law.
The petfluencer undertakes to maintain secrecy about the campaign, the cooperation, trade and business secrets, as well as any business transactions that become known during the term of the contract, and this shall apply for the duration of the contract. Following termination of the contractual relationship, the obligation to maintain secrecy with regard to the following trade and business secrets shall continue to apply:
- balance sheet figures, contract data and personal data
- all security-relevant data, settings and passwords
The confidentiality duty shall not extend to knowledge that is accessible to all, or the disclosure of knowledge which is manifestly without prejudice to the party concerned. In case of doubt, the petfluencer is obliged to obtain instructions from TONY as to whether a certain fact is to be treated confidentially.
TONY always collects and stores personal data within the scope of registration and processing of a cooperation in compliance with the relevant laws. More information on data privacy at TONY can be viewed online at tony-petfluenceragency.com/data privacy.
German law is exclusively applicable to these registration conditions. The application of the UN Convention on Contracts for the International Sale of Goods is excluded. As far as permissible, the place of jurisdiction shall be Düsseldorf.
© TONY the petfluencer agency. Stan 1.04.2019. Wszelkie prawa zastrzeżone.