Advertising/Promotion/Campaign Terms and Conditions
Last updated in October 2020
A Definitions and Acceptance of the Terms and Conditions
1. blueShepherd GmbH (“BLUESHEPHERD”) accepts publication Advertisements/ campaigns/ promotions/ co-operations for Voice Marketing and Digital Marketing activities (as defined below) on the terms and conditions set out herein (“Terms”).
2. These Terms apply to:
- Voice Marketing: All publication/ Advertisements/ campaigns/ promotions/ co-operations for blueShepherd Voice Assistant products. Currently, this encompasses: Daily Wins Alexa Skill, Daily Bargain Alexa Skill, Daily Samples Alexa Skill, Daily Tests Alexa Skill, Daily Checks Alexa Skill and other Voice Assistant Assets (such as Google Assistant, Bixby etc.) as and where applicable.
- Digital Marketing: All publication/ Advertisements/ campaigns/ promotions/ co-operations for blueShepherd on the “Websites” www.daily-wins.com, www.daily-bargain.com, www.daily-samples.com, www.daily-tests.com, www.daily-checks.com, www.thevoicemarketer.com, www.thevoicemarketer.health, www.sprachassistentin.de & www.blueShepherd.de (the “Website(s)”); and other digital assets such as Social Media Sites of products and brands owned and or managed by blueShepherd.
- Partner Assets: All publication/ Advertisements/ campaigns/ promotions/ co-operations booked through the blueShepherd’s partner Digital and Voice Marketing assets.
(together “Promotion” for publication/ Advertisements/ campaigns/ promotions/ co-operations activities).
3. By placing an order, the “Advertiser” (which is the person bidding for or placing the order for the Promotion whether they are the advertiser of the product or service referred to in the Promotion or the Promotion agency or media buyer for such advertiser or organiser Agency etc.) accepts and agrees to be bound by these Terms in full. Please see our Terms & Conditions for the usage of Self-Service Platform under https://thevoicemarketer.com/self-service-platform/
4. Materials for any Promotion (Voice Marketing, Digital Marketing and Others) must adhere to blueShepherd’s technical specifications and be delivered to blueShepherd or Partner, as the case may be, within the applicable timeframes, each as set out here. When blueShepherd or it’s partner builds Promotion units on behalf of the Advertiser, the Advertiser must provide assets in accordance with the requirements set out in blueShepherd or Partner’s Voice Marketing/Digital Marketing Promotion Format Guide here.
5. blueShepherd may, without any responsibility to the Advertiser, reject, cancel or require any Promotion to be amended that it considers unsuitable or contrary to these Terms and remove, suspend or change the position of any such Promotion. blueShepherd may refuse to publish or deliver any Promotion for any Advertiser who has not paid any sums due for any Promotion in any of the Voice Marketing, Digital Marketing or other promotion activities. The Advertiser will remain responsible for all outstanding charges.
6. The delivery of a Promotion by blueShepherd does not mean that blueShepherd accepts the Promotion that has been provided in accordance with these Terms or that blueShepherd has waived its rights under these Terms.
7. The Advertiser guarantees to blueShepherd that:
- any information supplied in connection with the Promotion is accurate, complete, true and not misleading;
- it has obtained the consent of any living person whose name or image (in whole or in part) is contained in any Promotion;
- the Promotions are legal (national law applies), decent, honest and truthful, are not contrary to the provisions of any applicable law, regulation or code of practice and all best practices under the general supervision of the Promotion Standards Authority and/or the Office of Fair Trading, are not libellous or obscene and do not infringe the rights of any person (including any person’s intellectual property rights);
- the Promotion will not be prejudicial to the image or reputation of blueShepherd or the blueShepherd products, brands and company, and will not contain anything with blueShepherd in good faith considers to be offensive or otherwise inappropriate;
- all Promotions submitted for publication online will be free of any viruses, adware, malware, bit torrents, and no Promotion will cause an adverse effect on the operation of the Website; and where the Advertiser is an promotion agency or media buyer, the Advertiser guarantees that it is authorised by the advertiser of a product or service to place the Promotion with blueShepherd and the Advertiser will compensate blueShepherd for any claim made by such advertiser against blueShepherd.
8. All Promotions are accepted on the basis that they will be paid for at the prevailing rates set out in the rate card on the date of delivery. blueShepherd may change its rates at any time by publishing the modified rates here. Any changes to the rates will take effect on the date mentioned in the rate card. However, any changes to the applicable rates will not apply to any orders made prior to the date of such change.
9. All sums payable to blueShepherd should be made in accordance with blueShepherd’s Financial Terms & Conditions which are: Unless a customer has applied for and been accepted as a credit account customer, blueShepherd will provide services only on monthly invoice basis payable within 7 days. For certain countries, we may offer only pre-payment possibilities, with receipt of cleared funds prior to the booking being confirmed. This information will either be communicated on the website and or before you register yourself in our systems for promotion purposes. In case of ambiguity, whether the payment should be made in advance or based on invoice for any particular country, prepayment will be the default and best option to avoid any delays in delivering you order. blueShepherd’s standard payment terms are cleared funds 7 days from date of invoice. If the due date falls on a weekend or bank holiday the payment is due on the first working day immediately prior to the due date. As payment is due as cleared funds, under current banking arrangements, payment by bank transfer should be processed by the customer ideally three working days prior to the due date. blueShepherd reserve the right to charge interest on late payment at 5% above the The Deutsche Bundesbank base rate.
10. The Advertiser acknowledges and agrees that discrepancies of up to 10% regarding the number of interactions are common due to a variety of technical reasons. In the event of any disagreement regarding the number of interactions and leads, the Advertiser agrees that the figures provided by blueShepherd or blueShepherd’s applicable third party provider will be final and binding.
11. blueShepherd cannot guarantee the number of interactions or leads. blueShepherd will not be liable for any under-delivery or over-delivery of your promotion campaign. blueShepherd will not be liable unless such under-delivery or over-delivery arises due to blueShepherd’s act or omissions.
12. blueShepherd agrees that all Promotions will be targeted at individuals in the local countries for which the promotion campaign is booked.
13. blueShepherd will endeavour to target the Promotion at individuals in the geo-location specified at the time of booking.
16. blueShepherd and its service providers will only use any Advertiser Data solely in relation to the Advertiser’s particular Promotion campaign. All such Advertiser Data collected by blueShepherd will be treated as the confidential information of the Advertiser and will not be disclosed by blueShepherd to any third party (other than blueShepherd’s service providers for the purpose of blueShepherd complying with its obligations under these Terms) without the consent of the Advertiser.
17. In no event will any Advertiser Data be combined with information collected from other sources, except where the Advertiser has agreed otherwise.
18. blueShepherd does not guarantee that Promotions booked through blueShepherd will appear on any particular Website and/or in any particular Alexa Skill with promotion volume spread evenly across any particular websites or Alexa Skill(s). Furthermore, blueShepherd does not guarantee that inventory meeting any criteria selected by the Advertiser will necessarily be available nor that it will be available in the volume desired by Advertiser.
19. blueShepherd makes no guarantees regarding the quality and/or suitability of any sites or Alexa Skill on which Promotions booked through blueShepherd appear.
20. Where an Advertiser wishes to drop cookies on users’ computers or use pixels, web beacons or other data collecting technology (the “Data Collecting Technology”) for the purpose of displaying or providing Promotion on the Website and tracking impressions, analytics, measurement and verification of Promotion campaigns (together, “Analytics Data”), it shall notify blueShepherd in advance of booking an Promotion and provide all information requested by blueShepherd regarding such Data Collecting Technology.
21. If blueShepherd agrees to the Advertiser’s disclosed use of Data Collecting Technology to collect Analytics Data, blueShepherd will provide written authorisation to the Advertiser. Subject to the foregoing, Advertiser agrees to use such Data Collecting Technology and all data collected from it solely in the manner disclosed to blueShepherd.
22. All Analytics Data collected by the Advertiser through such Data Collecting Technology will be confidential information owned by blueShepherd and will not be disclosed by the Advertiser to any third party without blueShepherd’s prior written consent.
23. In no event shall Data Collecting Technology or the data collected from it: (i) be used by the Advertiser for the purposes of profiling users’ interests, segmentation, or tracking or targeting users when they leave the Website; or (ii) be combined with information collected from other sources; in each case except where blueShepherd has given agreement in writing. blueShepherd reserves the right to scan the Promotions to ensure Advertiser’s compliance with clauses mentioned over here.
24. The Advertiser shall procure that all other partners and entities in the supply chain with which Advertiser works or contracts in relation to an Promotion (collectively, the “Advertiser Partners”) shall comply with these Terms.
25. The Advertiser shall ensure it complies with all applicable laws and regulations with respect to such Data Collecting Technology and that all Analytics Data will be deleted from its servers upon the end of the relationship between blueShepherd and the Advertiser.
26. In no event will blueShepherd be liable for loss arising from failure to insert or any errors in the insertion of Promotion information.
27. blueShepherd accepts no responsibility for any interruption or delay the Advertiser experiences in delivering any Promotion information in Self-Serving Platform of blueShepherd or any loss or damage any other materials. The Advertiser guarantees that it has retained sufficient quality and information entered/provided in the Self-Serving Platform of blueShepherd.
28. blueShepherd shall use its reasonable endeavours to reproduce Promotions as provided by the Advertiser but cannot guarantee that the Promotion will be of the same quality.
29. blueShepherd will not be responsible for any additions to, changes in, deletions from, delays in promotion delivery or withdrawal of any Promotions required by any authority having responsibility for the regulation of online, voice marketing or press Promotion.
30. blueShepherd cannot guarantee the time, dates and/or position of Promotions and all such decisions will be at the sole discretion of blueShepherd. However, blueShepherd will use reasonable efforts to comply with the wishes of the Advertiser.
31. If a booked Promotion is not delivered at all solely due to a mistake on blueShepherd’s part, blueShepherd will try to offer an alternative solution(s). If the alternative solution(s) is not accepted, the original booking will be cancelled and the Advertiser shall be entitled to a full refund if the Advertiser has paid in advance for the Promotion. This shall be the Advertiser’s sole remedy for failure to deliver the Promotion.
32. If the Promotion as delivered/ sent/ shown by blueShepherd contains a substantial error solely due to a mistake on blueShepherd’s part, blueShepherd shall, on request, re-deliver the Promotion at no additional cost to the Advertiser. blueShepherd shall not be responsible for repetition of errors and it is the Advertiser’s responsibility to inform blueShepherd of any errors and provide any necessary assistance to blueShepherd to prevent a repeat of the error.
33. blueShepherd shall not be responsible, under any circumstances, for any loss of profit, loss of opportunity, loss of goodwill, loss of anticipated saving, loss of revenue and/or any other loss which happens as a side effect of the main loss suffered by the Advertiser or any loss which could not be contemplated by blueShepherd and the Advertiser, and blueShepherd’s maximum total liability for any loss or damage arising out of or in relation to any Promotion whether in contract, tort or otherwise shall not exceed the total amount of the charges for the relevant Promotion actually paid by or on behalf of the Advertiser.
34. In respect of Promotions on the Website and or in the Alexa Skills, blueShepherd does not guarantee continuous, uninterrupted access by users of the Website or Alexa Skills but will use reasonable efforts to provide this (except for the partner websites and or Alexa Skills booked through blueShepherd+ over which blueShepherd has no control). In addition, blueShepherd will not be responsible for any failure or delay affecting transmission of the Promotion and any Promotions contained in them, in any manner where such failure or delay results from any act, omission, interruption, fault or other condition beyond the reasonable control of blueShepherd.
35. blueShepherd is not responsible for the content of the promotion orders or operation of sites mentioned in the promotion campaigns booked through blueShepherd’s Self-Serving Platform.
36. Nothing in these terms and conditions shall affect the statutory rights of an Advertiser who is a consumer.
37. The Advertiser will fully indemnify blueShepherd from all investigations, claims, fines, losses, damages, costs (including reasonable legal fees) expenses and liabilities arising as a result of any breach or failure to comply with any of these Terms and/or the use or delivery or publication of the Promotion by blueShepherd in accordance with these Terms. blueShepherd owns the copyright in all Promotions written or designed by it or on its behalf. The Advertiser grants blueShepherd the right (free of charge) to:
- use such of the Advertiser’s names, trademarks and/or logos as blueShepherd may consider necessary for the purposes of publishing the Promotions;
- reproduce the Promotion in any media at any time from the date the Promotion was last delivered for promotional purposes. For the avoidance of doubt, the content and design of any Website or Alexa Skill will be subject to variation at blueShepherd’s sole discretion.
38. Any booked promotion campaign could be changed, paused, stopped, postponed or extended by the advertiser without any notice to blueShepherd. The advertiser will only pay for the effective number of days when the promotion was live. A day considered as a calendar day irrespective of for how many hours of that particular day the campaign was online.
39. The Advertiser should refer to the relevant rate card, here.
40. If the Advertiser is insolvent or bankrupt or is otherwise in breach of these Terms, blueShepherd may treat the order as cancelled.
41. A person who is not a party to these Terms has no rights to rely upon or enforce any of these Terms.
42. If blueShepherd fails or delays in exercising its rights or remedies provided by these Terms, it shall not be deemed to have waived that or any other right or remedy under these Terms.
43. Nothing in these Terms shall be deemed to constitute a relationship of principal and agent, a partnership, joint-venture, or co-ownership. Neither party shall have the authority to act for, bind or otherwise create or assume any obligation on behalf of the other, and neither party shall hold itself out as having authority to do the same.
44. These Terms are the entire agreement between the Advertiser and blueShepherd in respect of the Promotions and no modification to these Terms will be effective unless made in writing and signed by both blueShepherd authorised signatory and the Advertiser.
45. These Terms and any documents referred to and therefore incorporated by reference herein shall apply to the exclusion of all other terms and conditions which the Advertiser purports to apply to the purchase of Promotions (including, without limitation, terms in any promotion or purchase order, e-mail, acknowledgement or interaction or lead agreement).
46. To the maximum extent permitted by law, other than as set out in these Terms, all warranties and representations, whether express or implied, are excluded.
47. These Terms (and any non-contractual obligations arising in connection with them) shall be governed by German law and the court of Hamburg will have exclusive jurisdiction in relation to these Terms (and any non-contractual obligations arising in connection with them).