The aim of the virtual platform is to market the shop operator's Many Thanks page and to generate additional revenue for the shop operator. The delivered incentives for the shop operator's customers are intended to offer the shop operator's customers an additional benefit.
Against this background, the Contracting Parties enter into the following agreement
The Marketer undertakes to include the Shop Operator in its brokerage platform. The offer of an own voucher on the part of the shop operator is not mandatory.
The shop operator undertakes to set up and play out the Javascript code provided by the marketers on a confirmation page / completion page on his website. For this purpose, he receives Javascript code from the marketer, which he must install on his website at his own expense.
Through the marketer widget, personal data may be transferred to the marketer for the purpose of voucher selection and display. For this data processing, the marketer is a processor pursuant to Art. 4 No. 8 DSGVO. In order to comply with the legal requirements for commissioned processing, the commissioned processing agreement applies. A separate signature of the commissioned processing agreement is not required.
For data processing by the Marketer that takes place with and after the retrieval of a voucher, the Marketer is the data protection controller pursuant to Art. 4 No. 7 DSGVO. The Marketer is permitted to collect address data and other data from the participating shop customers. The Marketer undertakes to comply with all relevant data protection regulations.
The shop operator receives remuneration for each settled coupon call (cost-per-coupon model). The minimum remuneration per coupon retrieval is 0.20 €. Any invalid clicks are filtered by the marketer before billing the advertiser and shop operator and are not charged or invoiced. All prices are exclusive of the statutory value-added tax.
Shop operators may not click on their own ads or use other means to artificially increase the number of impressions or clicks.
Clicks on advertisements of the marketer must be based on a genuine interest of the users. All methods that artificially generate clicks on ads or impressions for ads are strictly prohibited. These prohibited methods include, but are not limited to, repeated manual clicks or impressions, automatic click or impression generation tools, and the use of robots or fraudulent software. Clicks on own ads are prohibited without exception.
Shop operators must not encourage users to click on or view their ads or use fraudulent methods to obtain clicks. This includes, for example, rewarding users for viewing ads and performing searches, or promising payment to third parties for such activities.
The Javascript code for the display of the Marketer Widget may only be placed on the order completion pages of e-commerce shops. All other placements require the express written permission of the marketer.
We attach great importance to offering our partners and customers a secure network. As a shop operator, you are responsible for the quality of your inventory and for the accesses. If the accesses of a shop operator violate our guidelines or are invalid, the shop operator may no longer use loopingo. Such accesses do not only harm our advertisers, but also other shop operators who adhere to our guidelines, as this affects the advertisers' trust in the loopingo network.
Shop operators may not place loopingo code on pages whose content violates our content guidelines. This concerns, for example, shocking or xenophobic content or websites on which criminal activities are advertised or permitted. This includes, but is not limited to, sexual acts with minors and non-consensual or illegal sexual acts, the creation of forged legal documents, the sale of student research papers or other documents that promote fraudulent activities, and websites that redirect hits to or provide information on pages containing information on the production of forged or copied designer goods.
Shop operators and marketers undertake with regard to their own websites to comply with all statutory and official regulations, in particular data protection law, criminal law, copyright and/or trademark law and/or other regulations of industrial property protection and competition law, and not to infringe any third-party rights. In the event of a violation of the law, the contracting party undertakes to indemnify the respective other contracting party against any claims by third parties and to hold it harmless from any liability. The contractual partners will inform each other immediately within the scope of what is legally permissible if third parties or authorities assert against them that the shop operator marketplace or the installed virtual catalogue violates legal and/or official regulations and/or the rights of third parties.
This contract is concluded for an indefinite period of time and may be terminated by either contracting party by giving two weeks' notice to the end of the month. The right to terminate without notice for good cause remains unaffected. Good cause shall in particular be deemed to be:
The shop operator undertakes to display the loopingo widget on the closing page in the event of a withdrawal until the official withdrawal.
The contractual partners are obliged to treat all contractual contents, in particular prices and discounts, know-how and other business secrets as strictly confidential and not to pass on or otherwise make accessible any information, documentation, data or other documents to third parties without our express consent. This shall not apply if these contents are publicly known without breach of the confidentiality obligation. The confidentiality obligation shall be imposed equally on employees of the contractual partner.
Amendments and supplements to this contract must be made in writing. This also applies to any waiver of the written form requirement. Should individual provisions of this contract or parts thereof be or become invalid, the validity of the remaining provisions shall not be affected. The invalid provision shall be replaced by a provision which, as far as legally possible, comes as close as possible to what the contracting parties intended or - had they considered this point - would have intended. The above provisions shall also apply mutatis mutandis in the event of a loophole in the contract.
These terms of use for loopingo GmbH's advertising programmes ("Terms of Use") are agreed between loopingo GmbH, Nymphenburger Str. 12, 80335 Munich, Germany, and the legal entity that accepts these Terms of Use (including in electronic form) or for which these Terms of Use are accepted accordingly by a representative. These Terms of Use govern the Advertiser's participation in loopingo's advertising programme, which is accessible via the loopingo Advertiser Account provided to the Advertiser incorporating these Terms of Use. Please read these Terms of Use carefully.
For advertising on the loopingo platform, the advertiser undertakes to offer valid vouchers for end customers. The offer of a voucher on the part of the advertiser is mandatory. Furthermore, the advertiser undertakes to accept the shopping vouchers issued by him/herself during the period of validity when shopping in the shop operated by the advertiser and to deduct the full amount from the invoice of the redeemer. Each advertiser will only redeem the vouchers that it has issued itself via the platform.
The Advertiser authorises loopingo to place the Advertiser's advertising content on any content or object (each an "Object" or "Property", such as a website) provided by loopingo or by a third party ("Publisher"), provided that these have been set in the Advertiser's campaign settings.
The Advertiser is solely responsible for the following: (a) advertising, (b) decisions regarding the tailoring and targeting of advertising, (c) landing pages to which advertising leads viewers (e.g., landing pages, mobile applications), together with associated URLs, waypoints and redirects ("landing pages"), and (d) services and products advertised on the landing pages (collectively, "Services"). The Program is an advertising platform on which the Advertiser engages loopingo to format advertisements using automated tools.
For the purposes of these Terms of Use, an "Advertiser" is a legal entity whose advertising (whether created by itself or by a third party on its behalf) loopingo places through a Program. If the Advertiser uses a Program for itself and not on behalf of an Advertiser, the Advertiser shall be deemed to be both the Advertiser and the Advertiser for such use. loopingo may also provide certain optional Program features to the Advertiser to assist the Advertiser in selecting or generating Targets, Advertisements or landing pages. It is not mandatory that the advertiser use these optional features; rather, the advertiser may enable or disable the use of these features, if any. However, if the advertiser uses these features, the advertiser is responsible for the targets and advertising and landing pages.
loopingo or its affiliates may reject or remove a specific advertisement, target or landing page at any time. loopingo may modify or discontinue Programs at any time in a manner reasonably acceptable to the Advertiser, provided that the Advertiser has been given reasonable prior notice thereof. loopingo may itself participate in auctions as part of Programs in order to promote its own services and products. Some Program features are offered as "beta" or marked as confidential (collectively, "Beta Features"). The Advertiser may not disclose any information from Beta Features, the terms of use or the existence of non-public Beta Features.
The Advertiser is responsible for its use of the Programs (e.g. access and use of Program accounts and secure storage of usernames and passwords) ("Use"). Use of the Programs is subject to the then-current version of loopingo's applicable policies, which can be accessed under Ad Polic ies, as well as any other policies (including partner policies) provided to the Advertiser by loopingo. The Advertiser authorises loopingo to adjust advertising in accordance with the Guidelines. In connection with the Programme, loopingo will comply with the loopingo Privacy Policy available at loopingo.com/privacy-policy as amended from time to time. The Advertiser will not, and will not permit any third party to, (a) generate automated, fraudulent or otherwise invalid impressions, enquiries, clicks or conversions,
(b) conceal conversions for programmes where they are required to be disclosed,
(c) use automated means or any form of scraping or data extraction to access, query or otherwise collect information in connection with loopingo advertising on properties, unless expressly permitted by loopingo,
(d) attempt to interfere with the proper working of the Programs,
(e) advertise services, substances, products or materials in violation of applicable law in any of the countries in which advertising is displayed, placed or otherwise made publicly available,
(f) violate technical specifications provided on Objects and/or in the Guidelines, or
(g) behave in any other manner that is illegal or fraudulent under the law of the country or state in which an advertisement is made publicly available. The Advertiser shall address enquiries and notices concerning advertising on Partner Objects covered by these Terms of Use exclusively to loopingo.
The Advertiser authorises loopingo to conduct periodic tests that may affect the use of the Advertiser's programs, including adjustments to ad formatting, targeting, landing pages, quality, ranking, performance, pricing and auction times. To ensure the timeliness and effectiveness of the test results, the Advertiser authorises loopingo to conduct such tests without notice or compensation to the Advertiser.
Except as otherwise provided in a policy, the user interface of a program, or an agreement that references these Terms of Use ("Insertion Order" or "IO"), either party may cancel an advertisement at any time prior to the auction or placement of the advertisement (whichever is earlier). The Advertiser remains liable to pay any fees incurred as a result of the delivery of the Advertisement (e.g. fees based on a click). The advertiser must cancel an advertisement (a) online using the advertiser's account, if this function is available there, or (b) if the aforementioned function is not available, by means of a notification by e-mail to the person responsible for the advertiser's account at loopingo or (c) if this functionality is not available and the advertiser does not have an account manager, by means of a notification by e-mail to loopingo at info@loopingo.com. If the advertiser does not provide advertising or does so after a time specified by loopingo, its payment obligation remains in effect.
The advertiser will settle all fees incurred within the scope of a programme via a payment method currently approved by loopingo for this advertiser (e.g. on account) and within a reasonable payment period specified by loopingo (e.g. in the user interface or in an invoice). loopingo shall charge interest on late payments in the amount of the statutory interest rate (§ 288 BGB). The advertiser agrees to pay (a) all taxes and other governmental levies as well as (b), in the event of default, all necessary costs incl. the legal attorney's and court fees incurred by loopingo for the enforcement of its lawful payment claims. The fees are calculated on the basis of billing criteria in accordance with the applicable programmes (e.g. on the basis of clicks). Any portion of the fee that is not disputed shall be paid in full. Neither party shall be entitled to set off any payment to be made under these Terms of Use against any other payment to be made under these Terms of Use unless the counterclaim is an undisputed claim or a claim that has been finally adjudicated.
loopingo may extend, review or revoke credit lines of the advertiser at its own discretion. loopingo is not obligated to deliver advertising beyond the established credit limit. If loopingo delivers advertising, but this does not take place to the selected targets or target pages, the advertiser has the option to request an advertising credit within the claim period. For the purpose of checking creditworthiness, making payments to loopingo, collecting debts owed to loopingo and/or servicing the Advertiser's account, loopingo may engage third parties who act on loopingo's behalf and forward to them account, credit card and other billing and payment information provided by the Advertiser.
loopingo and its partners make no guarantees in connection with the programmes or the outcome of programmes.
The advertiser will indemnify loopingo and partners against claims by third parties and resulting damages arising from culpable conduct by the advertiser in relation to advertising, targets, landing pages, services and violations of these terms of use.
The contracting parties shall be liable for breaches of duty based on the culpable conduct of their shareholders, employees or other persons called in to fulfil their obligation. In the case of simple vicarious agents, however, they shall only be liable if they act intentionally or with gross negligence. The latter shall not apply, however, in the event of a breach of duties that are essential for achieving the purpose of the contract (cardinal duties) or in the event of damage resulting from injury to life, body or health. In the event of a slightly negligent breach of a cardinal obligation or other obligation, liability shall in any case be limited to the foreseeable and contract-typical damages. Cardinal obligations are those whose fulfilment makes the proper execution of the contract possible in the first place and on whose compliance the contractual partner may rely.
The contractual partners are obliged to treat all contractual contents, in particular prices and discounts, know-how and other business secrets as strictly confidential and not to pass on or otherwise make accessible any information, documentation, data or other documents to third parties without our express consent. This shall not apply if these contents are publicly known without breach of the confidentiality obligation. The confidentiality obligation shall be imposed equally on employees of the contractual partner.
Companies affiliated with the Advertiser within the meaning of §§ 15 of the German Stock Corporation Act (AktG) shall not be deemed to be "third parties" within the meaning of this Agreement.
loopingo may amend these Terms of Use at any time. loopingo will notify the Advertiser of any amendment to the Terms of Use. The notification of the advertiser will contain a reasonable period of time to object to the amended terms of use. If the advertiser does not object within the specified period, his consent to the amended terms of use shall be deemed granted upon expiry of the period. loopingo will specifically point out to the Advertiser in the notification the possibility of objection and the legal consequences of a failure to object. Either party may terminate these Terms of Use without notice at any time by notifying the other party. loopingo may suspend the Advertiser's participation in the programmes at any time, e.g. in the event of payment problems, violations of guidelines or these Terms of Use as well as for legal reasons. The implementation of Advertiser campaigns after termination is solely at loopingo's discretion. Ads Credits provided by
loopingo for advertising purposes expire if they are not used by the date specified in the advertisement or within a period specified in the applicable terms and conditions.
These Terms of Use constitute the entire agreement between the parties with respect to the subject matter hereof and supersede all prior agreements of any kind with respect to the subject matter hereof.
Should individual provisions of this contract or parts thereof be or become invalid, the validity of the remaining provisions shall not be affected. The invalid provision shall be replaced by a provision that comes as close as legally possible to what the contracting parties intended or - had they considered this point - would have intended. The above provisions shall also apply mutatis mutandis in the event of a loophole in the contract.
All notices of termination and breach must be given in text form (including email) to the other party's legal department or, if it is not known whether the other party has a legal department, to the other party's primary contact or other address on file. The email address for notices to loopingo is info@loopingo.com. All other notices to the Advertiser will be sent in text form (including email) to the email address on file in the Advertiser's account. All other communications to loopingo must be sent in text form (including email) to the Advertiser's primary contact at loopingo or via another method provided by loopingo. Receipt of notices may be evidenced by written or electronic means (as applicable). These provisions shall not apply to formal service of process, which shall be governed by the relevant provisions of civil procedure law. Neither party may assign this Agreement or any part thereof without the written consent of the other party. This shall not apply (a) to loopingo, which may assign its rights and/or obligations under these Terms of Use, in whole or in part, to an Affiliate, to the extent loopingo has notified the Advertiser of such assignment, and (b) to the Advertiser, which may assign its rights and obligations under these Terms of Use to an Affiliate of the Advertiser, to the extent the transferee acknowledges in writing to be bound by these Terms of Use, the Advertiser remains responsible for performance of its obligations under these Terms of Use if the transferee fails to perform them, and the Advertiser has notified loopingo of the assignment. Notwithstanding the foregoing, loopingo may assign claims arising from a contractual relationship subject to the Terms of Use to third parties without the Advertiser's consent. (c) These Terms of Use do not establish an agency relationship (including as a commercial agent) or a partnership or joint venture between the parties.
With loopingo Uplift there are 2 roles - that of the store operator (Uplifter), who plays loopingo Uplift and that of the incentive provider (Supplier), who provides offers for loopingo Uplift.
The uplifter and the supplier would like to use loopingo services.
The goal of loopingo Uplift is to increase the conversion rate and / or shopping carts and thus the sales of the uplifter. For this purpose, non-shop incentives (shopping bonuses) are displayed to users to motivate them to buy from the uplifter.
For partners who act as suppliers, there is the additional possibility of gaining new customers and generating additional sales through their presence at other uplifters.
Below you can read the relevant T&Cs for Supplier. The terms and conditions for Uplifter can be found here.
These terms of use for loopingo GmbH's advertising programs ("Terms of Use") are agreed between loopingo GmbH and the legal entity accepting these Terms of Use (including in electronic form) or for which these Terms of Use are accepted accordingly by a representative. These Terms of Use govern the Supplier's participation in loopingo's Partner Program, which is accessible through the loopingo account provided to the Supplier incorporating these Terms of Use. Please read these Terms of Use carefully.
For advertising on the loopingo platform, the Supplier undertakes to offer valid vouchers for end customers. The offer of a voucher on the part of the Supplier is mandatory. Furthermore, the Supplier undertakes to accept the purchase vouchers issued by itself during the validity period when purchasing in the store operated by the Supplier and to deduct the full amount from the invoice of the redeemer. Each Supplier shall only redeem the Vouchers which it has issued itself via the Platform.
The Supplier authorizes loopingo to place the Supplier's Advertising Content on any content or object (each an "Object" or "Property", as the case may be, such as a website) provided by loopingo or by a third party ("Publisher"), provided that such Content or Property has been approved in the Supplier's campaign settings.
The Supplier is solely responsible for: (a) the Offer, (b) the wording of the Offer, (c) the landing pages to which the Offer leads the viewers (e.g. landing pages, mobile applications), together with the associated URLs, waypoints and redirects ("Landing Pages"), and (d) the services and products advertised on the Landing Pages (collectively, "Services"). The Program is an advertising platform on which the Supplier engages loopingo to format advertisements using automated tools.
For the purposes of these Terms of Use, an "Advertiser" or "Supplier" is a legal entity whose advertising (whether created by itself or by a third party on its behalf) loopingo places through a Program. If the Supplier uses a Program for itself and not on behalf of an Advertiser, the Supplier shall be deemed to be both Supplier and Advertiser for such use. loopingo may also provide the Supplier with certain optional Program features to assist the Supplier in selecting or generating Targets, Advertisements or Target Pages. It is not mandatory that the Supplier uses these optional features; rather, the Supplier may enable or disable the use of these features, if any. However, if the Supplier uses these features, the Supplier is responsible for the Targets and Advertising and Target Pages.
loopingo or its partners may reject or remove a specific advertisement, target or landing page at any time. loopingo may modify or discontinue Programs at any time in a manner reasonably acceptable to the Supplier, provided that the Supplier has been given reasonable prior notice thereof. loopingo may itself participate in auctions as part of Programs in order to promote its own services and products. Some program features are offered as "beta" or marked as confidential (collectively "Beta Features"). The Supplier may not disclose any information from Beta Features, the terms of use or the existence of non-public Beta Features.
Supplier is responsible for its use of the Programs (e.g., access and use of Program accounts and secure storage of usernames and passwords) ("Use"). Use of the Programs is subject to the then-current version of loopingo's applicable policies, which can be found at loopingo.com/advertising-policy , and any other policies (including partner policies) provided to Supplier by loopingo. Supplier authorizes loopingo to customize advertising in accordance with the Guidelines. In connection with the Program, loopingo will comply with the loopingo Privacy Policy available at loopingo.com/privacy-policy as amended from time to time. Supplier will refrain from and will not allow any third party to (a) generate automated, fraudulent or otherwise invalid impressions, inquiries (Inquiries), clicks or conversions, (b) conceal conversions for programs where they are required to be disclosed, (c) use automated means or any form of scraping or data extraction to access, query or otherwise collect information in connection with loopingo advertising on objects, except as expressly permitted by loopingo, (d) attempt to interfere with the proper working of the Programs, (e) advertise services, substances, products or materials in violation of any applicable law in any country in which any Advertising is displayed, placed or otherwise made publicly available, (f) violate any technical specifications provided on Objects and/or in the Guidelines, or (g) engage in any other conduct that is unlawful or fraudulent under the laws of the country or state in which any Advertising is made publicly available. The Supplier shall direct any inquiries and notices concerning advertising on Partner Objects covered by these Terms of Use exclusively to loopingo.
The Supplier authorizes loopingo to conduct periodic tests that may affect the use of the Supplier's programs, including adjustments to formatting of advertisements, goals, landing pages, quality, ranking, performance, pricing and auction times. To ensure the timeliness and effectiveness of the test results, Supplier authorizes loopingo to conduct such tests without notice or compensation to Supplier.
Except as otherwise provided in a policy, the user interface of a Program, or an agreement that references these Terms of Use (Insertion Order or "IO"), either party may cancel an Advertisement at any time prior to the auction or placement of the Advertisement (whichever is earlier). The Supplier shall remain obligated to pay any fees (e.g., fees based on redemption) that may have accrued as a result of the delivery of the Advertisement. The Supplier must cancel an Advertisement (a) online via the Supplier's account, if this functionality is available there, or (b) if the aforementioned functionality is not available, by means of a notification by e-mail to the person responsible for the Supplier's account at loopingo or (c) if this functionality is not available and the Supplier does not have an account manager, by means of a notification by e-mail to loopingo at info@loopingo.com. If the Supplier does not provide Advertising or does so after a time specified by loopingo, its payment obligation shall remain in effect.
The Supplier shall pay all fees incurred within the scope of a program via a payment method currently approved by loopingo for this Supplier (e.g. on invoice) and within a reasonable payment period specified by loopingo (e.g. in the user interface or in an invoice). loopingo shall charge interest on late payments at the statutory interest rate (§ 288 BGB). The Supplier agrees to pay (a) all taxes and other governmental levies as well as (b), in the event of default, all necessary costs including statutory attorney's and court fees incurred by loopingo for the enforcement of its lawful claims for payment. The fees will be calculated on the basis of billing criteria in accordance with the applicable programs (e.g. on a redemption basis). Any portion of the fee that is not disputed shall be paid in full. Neither party shall be entitled to set off any payment to be made under these Terms of Use against any other payment to be made under these Terms of Use, unless the counterclaim is undisputed or has been finally adjudicated.
loopingo may extend, review or revoke credit lines of the Supplier at its own discretion. loopingo is not obligated to deliver advertising beyond the established credit limit. If loopingo delivers advertising, but this is not done to the selected targets or target pages, the Supplier has the option to request an advertising credit within the claim period. For the purpose of checking creditworthiness, making payments to loopingo, collecting receivables owed to loopingo and/or servicing the Supplier's account, loopingo may engage third parties acting on loopingo's behalf and pass on to them account, credit card and other billing and
loopingo and its partners make no guarantees in connection with the programmes or the outcome of programmes.
The Supplier shall indemnify loopingo and its partners against claims of third parties and resulting damages arising from culpable conduct of the Supplier with regard to advertising, targets, target pages, services and violations of these Terms of Use.
The contracting parties shall be liable for breaches of duty based on the culpable conduct of their shareholders, employees or other persons called in to fulfil their obligation. In the case of simple vicarious agents, however, they shall only be liable if they act intentionally or with gross negligence. The latter shall not apply, however, in the event of a breach of duties that are essential for achieving the purpose of the contract (cardinal duties) or in the event of damage resulting from injury to life, body or health. In the event of a slightly negligent breach of a cardinal obligation or other obligation, liability shall in any case be limited to the foreseeable and contract-typical damages. Cardinal obligations are those whose fulfilment makes the proper execution of the contract possible in the first place and on whose compliance the contractual partner may rely.
The contractual partners are obliged to treat all contractual contents, in particular prices and discounts, know-how and other business secrets as strictly confidential and not to pass on or otherwise make accessible any information, documentation, data or other documents to third parties without our express consent. This shall not apply if these contents are publicly known without breach of the confidentiality obligation. The confidentiality obligation shall be imposed equally on employees of the contractual partner.
Companies affiliated with the Supplier within the meaning of §§ 15 of the German Stock Corporation Act (AktG) shall not be deemed "third parties" within the meaning of this Agreement.
loopingo may amend these Terms of Use at any time. loopingo shall notify the Supplier of any amendment to the Terms of Use. The notification of the Supplier shall include a reasonable period of time to object to the amended terms of use. If the Supplier does not object within the specified period, its consent to the amended terms of use shall be deemed granted upon expiration of the period. loopingo shall specifically inform the Supplier in the notification of the possibility to object and of the legal consequences of a failure to object. Either party may terminate these Terms of Use at any time without notice by notifying the other party. loopingo may suspend the Supplier's participation in the Programs at any time, e.g. in case of payment problems, violations of guidelines or these Terms of Use as well as for legal reasons. The implementation of Supplier campaigns after termination is solely at loopingo's discretion. Ad Credits provided by loopingo for advertising purposes will expire if not used by the date specified in the advertisement or within a period specified in the applicable Terms.
These Terms of Use constitute the entire agreement between the parties with respect to the subject matter hereof and supersede all prior agreements of any kind with respect to the subject matter hereof.
Should individual provisions of this contract or parts thereof be or become invalid, the validity of the remaining provisions shall not be affected. The invalid provision shall be replaced by a provision that comes as close as legally possible to what the contracting parties intended or - had they considered this point - would have intended. The above provisions shall also apply mutatis mutandis in the event of a loophole in the contract.
All notices of termination and breach of contract must be given in text form (including email) to the other party's legal department or, if it is not known whether the other party has a legal department, to the other party's primary contact or other address on file. The email address for notices to loopingo is info@loopingo.com. All other notices to Supplier shall be sent in text form (including email) to the email address on file in Supplier's account. All other notices to loopingo shall be sent in text form (including email) to Supplier's primary contact at loopingo or via any other method provided by loopingo. Receipt of notices may be evidenced by written or electronic means (as applicable). These provisions shall not apply to formal service of process, which shall be governed by the relevant provisions of civil procedure law. Neither party may assign this Agreement or any part thereof without the written consent of the other party. This shall not apply (a) to loopingo, which may assign its rights and/or obligations under these Terms of Use, in whole or in part, to an Affiliate, provided that loopingo has notified Supplier of such assignment, and (b) to Supplier, which may assign its rights and obligations under these Terms of Use to an Affiliate of Supplier, provided that the transferee acknowledges in writing to be bound by these Terms of Use, Supplier remains responsible for performance of its obligations under these Terms of Use if the transferee fails to perform them, and Supplier has notified loopingo of the assignment. Notwithstanding the foregoing, loopingo may assign claims arising from a contractual relationship subject to the Terms of Use to third parties without the Supplier's consent. (c) These Terms of Use do not establish an agency relationship (including as a commercial agent) or a partnership or joint venture between the parties.
With loopingo Uplift there are 2 roles - that of the store operator (Uplifter), who plays loopingo Uplift and that of the incentive provider (Supplier), who provides offers for loopingo Uplift.
The uplifter and the supplier would like to use loopingo services.
The goal of loopingo Uplift is to increase the conversion rate and / or shopping carts and thus the sales of the uplifter. For this purpose, shop-independent incentives (shopping bonuses) are displayed to users to motivate them to buy from the uplifter. For partners who act as suppliers, there is also the possibility to gain new customers and generate additional sales through their presence at other uplifters.
Below you can read the relevant T&Cs for Uplifter. The terms and conditions for suppliers can be found here.
The Uplifter undertakes to globally set up and play out the Javascript code provided by loopingo on its website. For this purpose, he receives Javascript code from the marketer, which he must integrate into his website at his own expense.
Through the Uplift widget, personal data (order ID, email, order value) may be transferred to the marketer for the purpose of voucher provision. For this data processing, the marketer is a processor according to Art. 4 No. 8 DSGVO. In order to comply with the legal requirements for commissioned processing, the commissioned processing agreement applies. A separate signature of the order processing agreement is not required.For data processing by the Marketer that takes place with and after retrieval of a Voucher, the Marketer is the data controller pursuant to Art. 4 No. 7 DSGVO. The Marketer is permitted to collect address data (e-mail) and other data from the participating Shop Customers. The Marketer undertakes to comply with all relevant data protection regulations.
loopingo charges on a performance basis. The costs can vary depending on the incentive used. You will receive a detailed cost breakdown in your contract. All prices are exclusive of the statutory value-added tax.
The Uplifter will pay all fees incurred within the scope of a program via a payment method currently approved by loopingo for this supplier (e.g. on account) and within a reasonable payment period specified by loopingo (e.g. in the user interface or in an invoice). loopingo shall charge interest on late payments at the statutory interest rate (§ 288 BGB). The Uplifter agrees to pay (a) all taxes and other governmental charges as well as (b), in case of default, all necessary costs including statutory attorney's and court fees incurred by loopingo for the enforcement of its lawful claims for payment. The fees will be calculated on the basis of billing criteria in accordance with the applicable programs (e.g. on a redemption basis). Any portion of the fee that is not disputed shall be paid in full. Neither party shall be entitled to set off any payment to be made under these Terms of Use against any other payment to be made under these Terms of Use, unless the counterclaim is undisputed or has been finally adjudicated.
loopingo may extend, review or revoke credit lines of the Uplifter at its sole discretion. Beyond the established credit limit, loopingo is not obligated to deliver advertising. For the purpose of checking creditworthiness, making payments to loopingo, collecting debts owed to loopingo and/or servicing the Supplier's account, loopingo may engage third parties acting on loopingo's behalf and forward to them account, credit card and other billing and payment information provided by the Supplier.
Except as otherwise provided in a policy, the user interface of a program, or an agreement that references these Terms of Use ("Insertion Order" or "IO"), either party may cancel an advertisement at any time prior to the auction or placement of the advertisement (whichever is earlier). The Advertiser remains liable to pay any fees incurred as a result of the delivery of the Advertisement (e.g. fees based on a click). The advertiser must cancel an advertisement (a) online using the advertiser's account, if this function is available there, or (b) if the aforementioned function is not available, by means of a notification by e-mail to the person responsible for the advertiser's account at loopingo or (c) if this functionality is not available and the advertiser does not have an account manager, by means of a notification by e-mail to loopingo at info@loopingo.com. If the advertiser does not provide advertising or does so after a time specified by loopingo, its payment obligation remains in effect.
The Javascript code for the playout of the Uplift Widget may only be placed on pages of the agreed web presence. All other placements require the express written consent of the Marketer. The Uplifter grants the Marketer the right to dynamically display visible elements on the website.
We place a high priority on providing a secure network for our partners and customers. As an uplifter, you are responsible for the quality of your inventory and for the accesses. If the accesses of an uplifter, violate our policies or are invalid, the uplifter may no longer use loopingo. Such accesses not only harm our advertisers, but also other loopingo partners who adhere to our policies, as it affects advertisers' trust in the loopingo network.
Uplifter may not place loopingo code on pages whose content violates our content guidelines. This includes, for example, shocking or xenophobic content, or sites that advertise or allow criminal activity. This includes, but is not limited to, sexual acts with minors and non-consensual or illegal sexual acts, the creation of forged legal documents, the sale of student research papers or other documents that promote fraudulent activities, and websites that redirect hits to or provide information on how to create counterfeit or copied designer goods.
Uplifter and Marketer undertake with regard to their own websites to comply with all legal and official regulations, in particular data protection law, criminal law, copyright and/or trademark law and/or other regulations of industrial property protection as well as competition law and not to violate any rights of third parties. In the event of a violation of the law, the contractual partner undertakes to indemnify the respective other contractual partner against any claims by third parties and to hold it harmless from any liability. The contract partners shall inform each other immediately within the scope of what is legally permissible, if third parties or authorities claim that the Uplifter marketplace or the installed virtual catalog violates legal and/or official regulations and/or the rights of third parties.
Except as otherwise provided in a policy, the user interface of a Program, or an agreement that references these Terms of Use (Insertion Order or "IO"), loopingo and its affiliates make no warranties in connection with the Programs or the outcome of any Programs.
Unless otherwise provided in a policy, the user interface of a program, or an agreement that references these Terms of Use (Insertion Order or "IO"), either party may terminate Uplift at any time. Uplifter shall remain obligated to pay any fees (e.g., Uplift charges) that may have accrued as a result of the delivery of the Offerings to date. The Uplifter must make the cancellation (a) online by means of the loopingo account, if this functionality is available there, or (b) if the aforementioned functionality is not available, by means of a notification by e-mail to the person responsible for the Uplifter's account at loopingo, or (c) if this functionality is not available and the Uplifter does not have an account manager, by means of a notification by e-mail to loopingo at info@loopingo.com.
The contractual partners are obliged to treat all contractual contents, in particular prices and discounts, know-how and other business secrets as strictly confidential and not to pass on or otherwise make accessible any information, documentation, data or other documents to third parties without our express consent. This shall not apply if these contents are publicly known without breach of the confidentiality obligation. The confidentiality obligation shall be imposed equally on employees of the contractual partner.
Amendments and supplements to this contract must be made in writing. This also applies to any waiver of the written form requirement. Should individual provisions of this contract or parts thereof be or become invalid, the validity of the remaining provisions shall not be affected. The invalid provision shall be replaced by a provision which, as far as legally possible, comes as close as possible to what the contracting parties intended or - had they considered this point - would have intended. The above provisions shall also apply mutatis mutandis in the event of a loophole in the contract.
German law is applicable to this contract. The place of jurisdiction for disputes arising from and in connection with this contract is the registered office of loopingo GmbH.
Coupon marketing where everyone wins!
Made with ❤️.
loopingo GmbH
Freibadstrasse 30
81543 Munich/Germany
Coupon marketing where everyone is a winner!
Made with ❤️
loopingo GmbH
Freibadstraße 30
81543 Munich/Germany