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 SevenOne Media GmbH - Standard Terms of Business
 E. Specific terms of business for direct marketing services
 E.1. Scope of application

In addition to the general terms detailed in Section A of these STB, these specific terms for direct marketing services govern contractual relationships between SevenOne Media and other contracting parties relating to direct marketing services [hereinafter referred to as “direct marketing”]. Given a contractual agreement with SIM, SevenOne Media has the right to market address, e-mail and telephone data files belonging to SIM and a partner firm [“client bonus programme”] [hereinafter referred to as “data”]. The other contracting party wishes to utilise this database.
 E.2. Subject of the contract

Direct marketing includes in particular the following SevenOne Media services:
- advertising e-mails, sales letters and telemarketing campaigns, which feature an offering from the other contracting party and which are actioned via originators/TV station recommendations or viewer loyalty systems [clubs].
- advertising e-mails, sales letters and telemarketing campaigns, which feature an offering from the other contracting party and which are actioned via customer bonus programme originators and TV station recommendations or viewer loyalty systems.
 E.3. Actioning the campaign

A service provider commissioned by SIM is responsible for technical processing of the campaign as part of order data processing as per § 11 of the Federal Data Protection Act [BDSG].
 E.4. Data protection

E.4.1. Data
This contract does not give the other contracting party any rights to use data belonging to SevenOne Media, SIM or the operator of the customer bonus programme. Data shall neither be communicated to the other contracting party nor shall the latter be given any other access to data. The subject of a direct marketing campaign is in each case the one-off use of the data required to provide the contractually agreed services, solely for the purposes agreed between the parties.

E.4.2. Generated customer data
"Generated customer data" describes such data that the other contracting party accumulates because end-users contact it during the course of a direct marketing campaign. The other contracting party warrants that it will comply with statutory, in particular data protection, regulations when using generated customer data. Upon first request, the other contracting party shall indemnify SevenOne Media and SIM in full against any third party claims, including against the costs of any reasonable legal defence, resulting from the illegal use of generated customer data by the other contracting party. The other contracting party undertakes not to sell, rent out or otherwise permit third parties to use customer data generated via SevenOne Media [disclosure ban]. In this context third parties also include affiliates [§§ 15 ff of the German Companies Act]. The other contracting party undertakes to pay SevenOne Media a penalty in the amount of EUR 100 per customer record disclosed for each case of culpable breach of the above-mentioned disclosure ban.

E.4.3. Response data
The customer information generated upon the conclusion of a contract with or via orders from the other contracting party ["response data"] is available to both parties without restriction for proprietary analysis purposes, as permitted by data protection law. The other contracting party shall forward the relevant response data [at least the number of responses] to SevenOne Media without delay after the campaign has ended in the manner permitted by data protection law.
 E.5. Legal responsibility/liability

The other contracting party bears legal responsibility for sales quotations made and product information outlined during the course of any contractually agreed campaign and shall assume liability vis-á-vis  SevenOne Media, representing that the sales quotations and product information are compatible with the law of the land, in particular competition law. The individual customer/vendor contractual relationship is solely between the other contracting party and the end-user. The other contracting party shall assume sole responsibility for implementing the contract in full and shall provide all the services agreed in the contract to the end-user. The other contracting party shall ensure that the end-user is made fully aware of these contractual relationships. The other contracting party warrants in particular that its products, which are in circulation, do not give cause for any complaint [are fit for sale]. In any event the other contracting party is solely liable for any product liability claims by the end-user. Upon first request, the other contracting party shall indemnify SevenOne Media, SIM as well as the TV stations involved in full against any claims by third parties, resulting from a breach of the obligations detailed in this paragraph E.5, including the costs of reasonable legal defence.
Changes and misprints reserved.
Status: July 2009.
STC SevenOne Media GmbH
General conditions for all services
Special conditions for TV services
Special conditions for online services
Special conditions for teletext services
Special conditions for direct marketing services
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