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 SevenOne Media GmbH - Standard Terms of Business
 C. Specific terms of business for online services
 C.1. Scope of application

In addition to the general terms detailed in Section A of these STB, these specific terms for online services govern contractual relationships between SevenOne Media and other contracting parties in relation to the booking of online communication events [hereinafter referred to as “communication events”]. Furthermore these specific online terms also apply to the booking of communication events on podcasts as appropriate.
 C.2. Booking communication events

C.2.1. SevenOne Media will book communication events during the media period agreed with the other contracting party on the agreed website of the relevant operator or provider of the relevant Internet offering or website [hereinafter referred to as “Internet provider”].
The websites and sections provided by each Internet provider are derived from the relevant product descriptions applicable at the time that SevenOne Media issues its booking acknowledgment. Whilst SevenOne Media will make every effort to facilitate placement of the communication event on an Internet page/section as requested by the other contracting party, it cannot offer any guarantees in this respect. Furthermore SevenOne Media cannot guarantee that no other Internet pages/sections, other than those detailed in the media data, will be offered. The other contracting party has no right to compliance with a specific period of access to the relevant Internet page.

C.2.2. SevenOne Media and the other contracting party are entitled to alter the placement of communication events up to one week prior to scheduled placement, provided the changes appear reasonable to the other counterparty. The other contracting party is entitled to alter bookings of agreed communication events [change of website booked, placement section and placement period], provided that the request to alter the booking is submitted in writing to SevenOne Media no later than two working days prior to the agreed placement date, that the agreed booking volume [total fee as per the relevant pricelist] remains the same, that the re-booked volume is not placed significantly later than the volume as originally booked and that SevenOne Media has sufficient available capacity to accommodate the newly requested placement date.

C.2.3. Exclusion of competitors’ material on any Internet page also cannot be guaranteed, i.e. the possibility that the other contracting party’s competitors place advertisements during the same period on the same Internet page cannot be excluded.

C.2.4. In exceptional cases SevenOne Media may allow the provision of advertising media by an external ad server. In such cases SevenOne Media reserves the right to view each advertising format prior to placement, and if necessary to decline placement. The other contracting party is obliged to submit advertising formats to SevenOne Media for viewing purposes and also to notify SevenOne Media of any subsequent changes.

C.2.5. SevenOne Media shall provide information in a format of its own choosing to the other contracting party, detailing the number of ad impressions1 and/or ad clicks2 during the campaign. In this respect the data ascertained by SevenOne Media via its ad server3 is definitive.

1 Measurement procedure for advertising items e.g. banners. Ad impressions record the number of times an online advertisement is viewed when booked on a website. They indicate the actual number of advertising media contacts. An advertising record that states the number of banners provided via an ad server.

2 Advertisement click. Shows the number of clicks on a link to an advertiser’s offering. Ad clicks indicate the number of advertising media contacts actually made.

3 Ad sever technology is used to optimise advertising placed on the Internet. Ad servers manage the entire advertising process, from booking via placement through to response analysis. Various different rules can be defined to determine how the ad server places the format. So the ad server ensures that the right advertisement is sent at the right time to the advertising space that has been booked.
 C.3. Material

C.3.1. The other contracting party is obliged to provide SevenOne Media free of charge with all the material required to place the communication event prior to the agreed placement date. The technical and content quality of the material is the sole responsibility of the other contracting party.

C.3.2. SevenOne Media’s technical specifications, which apply on the date of placement and which can be viewed on the Internet [http://www.sevenonemedia.de], are definitive. For each form of advertising these define the technical quality of the material, the deadline by which the material must be provided prior to placement and the method to be used to supply the material.

C.3.3. Where no technical specification has been defined for a particular form of advertising, the submission deadline is 10 [ten] working days prior to the agreed placement date and the material should be sent by e-mail to: banner@SevenOneMedia.de.
 C.4. Placement

C.4.1. Communication events shall be placed in the relevant Internet provider’s standard resolution quality and are dependent on the technical standard of the Internet user’s technical equipment.

C.4.2. The other contracting party is obliged to check the placed communication event immediately following first placement and to report any errors within the first week of placement. Once this period has ended, any errors will be deemed to have been accepted. If the other contracting party requires commercial communication changes after the above-mentioned period has ended, it is obliged to bear the costs of any such changes.

C.4.3. In the event of a failure to submit the advertising media on time and in full and/or in accordance with the technical specifications, SevenOne Media is entitled to find alternatives for the intended placement until such time as submission has been completed. Contractual obligations will then be subsequently fulfilled at the discretion of SevenOne Media. The other contracting party is nevertheless obliged to pay the full placement price.
 C.5. Miscellaneous

SevenOne Media is entitled to forward the other contracting party’s gross advertising turnover at product level to Nielsen Media Research or comparable organisations for publication purposes.
 C.6. Legal responsibility

C.6.1. The other contracting party warrants that the content of its business teleservices does not contravene any laws and, in particular, that it does not contravene the terms of the German Teleservices Act [TMG] and of competition law.

C.6.2. The other contracting party shall indemnify SevenOne Media in full upon first request against any associated claims by third parties. Apart from that the Standard Terms apply.
 C.7. Transfer of use to third parties

If the other contracting party intends to transfer use of the commissioned space to a third party, it is required to obtain prior authorisation from SevenOne Media. SevenOne Media will only consent to the transfer, if the other contracting party is able to furnish evidence of legitimate interest. Legitimate interests are not those that already existed at the time the contract was concluded.
 C.8. Termination with notice

C.8.1. To the extent that online services are included in the contract, SevenOne Media and the other contracting party are entitled to terminate the contract by giving six calendar weeks’ notice prior to the scheduled start of the campaign. To the extent that the contract covers other services [e.g. TV, teletext] in addition to online services, it can be terminated prematurely only if the conditions stated in paragraphs A.7 and A.8 have been met.

C.8.2. In the event that the other contracting party terminates the contract later than 6 [six] weeks prior to the start of the campaign, it is obliged to make payment to SevenOne Media according to the following scale [pro rata]:
- up to 4 [four] weeks prior to the start of the campaign, no payment of the fee is required;
- up to 2 [two] weeks prior to the start of the campaign, 50% of the fee is due;
- up to 1 [one] week prior to the start of the campaign, 75% of the fee is due;
- up to 3 [three] working days prior to the start of the campaign, 80% of the fee is due;
- up to 0 [zero] working days prior to the start of the campaign, 100% of the fee is due;
 C.9. Data protection

C.9.1. Should the other contracting party acquire or collect data from the placement of advertising media on SIM websites by using special techniques, e.g. the use of cookies or web bugs, it warrants that it will comply with the terms of the German Teleservices Act [TMG] and the Federal Data Protection Act [BDSG] when collecting, processing and using personal data.

C.9.2. To the extent that the other contracting party accumulates anonymous data resulting from access to the advertising media supplied by it for SIM websites, the former may analyse this data as part of the relevant campaign. This analysis may only include the anonymous data, which was generated by the placement of advertising on SIM websites.

C.9.3. Beyond that the other contracting party is not permitted to process, use and forward any other data resulting from access to the advertising media supplied by it for SIM websites. In particular the other contracting party may not store, analyse, otherwise use and/or forward to third parties any data derived from the placement of advertising on SIM websites for its own purposes. This ban also includes the generation and further use of SIM website user behaviour profiles.

C.9.4. Should the other contracting partner use third party systems to place advertising media on SIM websites, it shall ensure that the system operator also complies with this agreement.

C.9.5. For each breach of obligation detailed from subparagraphs C.9.1 to C.9.4, the other contracting party shall pay to SevenOne Media a penalty in the amount of ten times the order total, from which the unauthorised use of data originated. Any other possible claims for damages remain unaffected.

1]  Measurement procedure for advertising objects, for example, banners. AdImpressions record
     the number of contacts made with respect to an online advertisement on a website. They
     indicate the actual number of advertising media contacts. An advertisement record that states
     the number of banners sent via an AdServer.
2] Advertise Click. Shows the number of clicks on a link to the advertisers offer. AdClicks
    indicate the number of advertising media contacts actually made.
3] AdServer technology is used to optimize advertising placed on the Internet. AdServers
    manage the entire advertising process, from booking, through placement and response
    evaluation. Various different rules can be defined that determine the placing of a format by the
    AdServer. As such, the AdServer ensures that the right advertisement is sent to the
    advertising space booked at the right time.
Changes and misprints reserved.
Status: January 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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