General terms and conditions

PDF Download | Version November 2020 (EN | EN) | Version February 2020 (EN | EN)

The following terms and conditions apply to the use of the or platform (hereinafter referred to as the "platform") of tracdelight GmbH (hereinafter referred to as "tracdelight") and to the marketing of online advertising placements between website operators (publishers) and advertising customers (advertisers) (hereinafter referred to collectively as "participants").

The General Provisions (see section A.) apply to all participants, the Special Provisions for Advertisers (see section B.) and the Special Provisions for Website Operators (see section C.) only apply to Advertisers and Publishers. The Agreement on Responsibility in the Context of Joint Processing of Data pursuant to Art. 26 (1) sentence 2 DSGVO (see section D.) apply jointly to Advertisers, Publishers and tracdelight.

A. General provisions

A.1 Scope

The following contractual conditions apply exclusively to all contracts of use. They apply to all future business relations, even if they are not expressly agreed again. They are acknowledged by registering to use this platform.

Any special agreements and ancillary agreements made prior to the conclusion of the contract only become part of the contract if tracdelight expressly confirms them again in writing. Verbal subsidiary agreements have not been made. Conflicting general terms and conditions of the participants are hereby expressly contradicted.

A.2 Definitions

These GTCs, as well as all other contracts of the participants with tracdelight, are to be based on the following definitions.

Advertiser is a provider of products and services and advertises its offer via product advertising media to be provided in each case.

Publisher provides advertising space and promotes advertisers' products and services on its websites.

Parties collectively refers to the Advertiser, Publisher and tracdelight as the parties to the joint responsibility agreement in Section D.

End customers are companies and natural persons who purchase goods and services or use other offers on the Internet.

Account is the lawful access to the Platform obtained after registration by the Participant in accordance with the complete and accurate registration data provided by the Participant.

Hyperlink (hereinafter also Link): A reference to the website of an Internet offering made available for use by any visitors.

Valid click: A click is valid if an end customer voluntarily and consciously clicks on a link on the publisher's platform and thereby calls up the linked website of an advertiser. Repeated or successive clicks (to be determined by the advertiser in each case) by the same visitor - even on different hyperlinks - are not valid. Valid clicks are logged and verified by tracdelight and determined at its sole discretion.

Valid lead: A lead is valid when an end customer makes a valid click and then voluntarily and deliberately performs a defined action (qualified action) on the advertiser's website.

Valid Sale: A sale is valid when an end customer makes a valid click and then voluntarily and knowingly purchases a chargeable good or uses a chargeable service on the advertiser's website.

A.3 Participation in the Platform

  1. Registration itself is free of charge. It takes place by opening a participant account and agreeing to these GTC. Based on the registration and confirmation by tracdelight, a contract on the use of the platform (hereinafter the usage contract) is concluded between tracdelight and the participant.
  2. Registration is only permitted for legal entities and natural persons with unlimited legal capacity.
  3. The data requested by tracdelight during registration must be provided completely and correctly. The registration of a legal entity may only be made by a natural person authorised to represent the entity, who must be named. If there is a change in the data provided after registration, the participant is obliged to correct the information in his participant account immediately vis-à-vis tracdelight.
  4. When registering, the participant provides a valid email address and a password. The member must keep his password secret. tracdelight will not pass on the password to third parties.
  5. An account is not transferable.
  6. tracdelight reserves the right to cancel the account or the participant account after 6 months in the event of incomplete registration.

A.4 Subject matter and conclusion of the contract

  1. If tracdelight concludes separate contracts with the participants, this is done with the inclusion of these GTC.
  2. tracdelight offers the advertising space provided by the publishers to the participating advertisers and vice versa.

A.5 Account and contract duration

  1. The participants' account for the tracdelight platform is granted for an unlimited period.
  2. The contract between tracdelight and the participant for the provision of the services described below is concluded for the duration of the calendar month running at the time of conclusion of the contract. It is extended for the duration of the further calendar month if it is not terminated by tracdelight or the participant with a notice period of one month to the end of a calendar month. In the event of termination, tracdelight will also deactivate the existing accounts.
  3. Notice of termination in accordance with these provisions must be given in text form, e.g. by e-mail to

A.6 Deactivation of the account and termination

  1. tracdelight is entitled to terminate the user contract with one month's notice to the end of the calendar month and to deactivate the account of the respective participant.
  2. In addition, tracdelight may take the following measures if there are concrete indications that a member violates legal regulations, third party rights, these terms and conditions, in particular A.7, B.1.4, B.2.3, B.2.5, C.2.2, C.2.3, C.3.1 and C.3.3, or that tracdelight has another justified interest, in particular to protect other participants from fraudulent activities:
    • Warning of participants
    • Limitation/restriction of the use of the platform
    • Temporary closure
    • Final blocking
  3. When choosing the measure, tracdelight takes into account the legitimate interests of the participant concerned, in particular whether there are indications that the participant was not at fault for the breach.
  4. In the event of serious or sustained breaches of these terms and conditions by the participant, in particular the obligations under A.7 of these terms and conditions, tracdelight is entitled to terminate the contract of use without notice and to deactivate the account.

A.7 Manipulations

  1. In the event of a deliberate attempt by a participant to influence the statistics and thus the amounts to be paid out to him/her by means of corresponding manipulation attempts, a contractual penalty in the amount of € 500 plus the applicable VAT shall be due for each ascertainable attempt. The same applies if a participant who has already been excluded due to a breach of contract participates in the programme again under a false name.
  2. Claims for damages remain unaffected by the contractual penalty.
  3. The contractual penalty is to be paid to a charitable institution to be determined by tracdelight.
  4. Any attempt to circumvent, manipulate or otherwise interfere with tracdelight's systems, technologies, scripts, codes, billing mechanisms and principles is prohibited and may result in criminal charges against the perpetrator for fraud or attempted fraud.

A.8 Termination of contract

  1. A final invoice will be issued when the account is deactivated.
  2. A participant whose account has been deactivated due to breach of contract is not entitled to re-register for the platform. Violations of this provision also oblige the participant to compensate tracdelight for any damage incurred.
  3. Participants agree not to enter into direct contractual relationships with other participants during the term of the contract with tracdelight and within 12 months of the end of the contract. In the event of a breach, tracdelight has a right to appropriate compensation. This is measured in the amount of the average remuneration granted in the last contract year with the participant. The participant is at liberty to prove a lesser damage.

A.9 Warranty

  1. tracdelight provides its services, systems, technologies and solutions to the best of its knowledge and belief and within the scope of its technical possibilities. No guarantee is given for the topicality, correctness, completeness or quality of the information provided or for the error-free and uninterrupted usability of the services, systems, technologies or solutions.
  2. Towards companies tracdelight is liable for damages, except in the case of breach of essential contractual obligations, only if and insofar as tracdelight, its legal representatives or executive employees are guilty of intent or gross negligence. In the case of other vicarious agents tracdelight is only liable in the case of intent and insofar as they violate essential contractual obligations intentionally or by gross negligence. Except in the case of intent or gross negligence of legal representatives, executives or intentional behaviour of other vicarious agents of tracdelight, there is no liability for compensation of indirect damages, in particular for loss of profit. Except in the case of intent and gross negligence of tracdelight, its legal representatives and executives, liability is limited to the damage typically foreseeable at the time of conclusion of the contract.
  3. Towards private persons tracdelight is only liable for intent and gross negligence. However, in the event of breach of material contractual obligations, debtor's delay or impossibility of performance for which tracdelight is responsible, tracdelight is liable for any culpable conduct of its employees and vicarious agents. Except in the case of intent and/or gross negligence of legal representatives, employees and other vicarious agents, tracdelight's liability is limited to the amount of damages typically foreseeable at the time of conclusion of the contract.
  4. The aforementioned exclusions and limitations of liability vis-à-vis entrepreneurs or consumers do not apply in the event of the assumption of express warranties by tracdelight and for damages arising from injury to life, limb or health and in the event of mandatory statutory regulations.

B. Special provisions for advertising customers (advertisers)

B.1 Advertiser accounts

  1. tracdelight sets up and manages accounts for the processing of remuneration.
  2. Advertisers can start advertising campaigns after they have registered.
  3. The advertiser is obliged to adapt the relevant website for the programmes in such a way (e.g. by implementing a code transmitted by tracdelight) that tracdelight can carry out the data collection necessary for remuneration. This code may not be changed without prior written consent from tracdelight and may not be controlled in dependence on self-defined utm parameters. For any changes to the code implementation without this consent, tracdelight reserves the right to charge the resulting costs in the amount of € 500.00 plus applicable VAT for adjustments to the platform. Proof of lesser damage is possible.
  4. The advertiser pays tracdelight a performance-based fee if a successful transaction (valid sale, click or lead) occurs for the publisher. If the automated recording of these transactions no longer occurs or occurs incorrectly due to changes to the Advertiser's website (such as changes to the code implementation, B.1.3), the parties agree to have recourse to an appropriate remuneration according to cost-per-click (CPC) for these periods. Within the framework of this recourse the parties agree on a unilateral price determination right of tracdelight within the framework of a CPC of € 0.30 - 0.40 plus applicable VAT. Faulty implementations are detected by tracdelight in that a click by a user is recorded on the platform, but the advertiser's website does not confirm this click back to the platform via the code implementation.
  5. The respective remuneration for an advertising campaign is determined in advance by tracdelight at its own discretion after consultation with the respective advertiser.
  6. The platform's technology creates the statistics necessary for correct remuneration and makes them available to the advertiser within the account. These statistics alone represent the basis for the respective remuneration of the advertising campaigns. This also applies to the processing periods of any leads and sales.
  7. The advertiser is obliged to check the validity of sales and leads. For this purpose, he has the possibility on the platform to give the corresponding approvals. If he does not do so within 60 days after logging the respective sales or leads, tracdelight can request the advertiser to do so. After the expiry of a further period of 2 weeks, all aforementioned sales and leads are considered valid. tracdelight will notify the advertiser of ongoing deadlines and legal consequences in the course of the request.
  8. The advertiser receives a monthly invoice from tracdelight for the amounts confirmed in the billing period. The advertiser can view valid sales, clicks and leads in his customer area under Management, Credit.
  9. Invoices from tracdelight are payable without deduction of discounts within 10 days of receipt of invoice.
  10. tracdelight has the right to have the number of sales/leads verified by an independent appraiser or auditor at the Advertiser's business premises during normal business hours with 10 (ten) working days' notice. For this purpose, the Advertiser will provide the appraiser with all necessary information and allow him to inspect his documents. The statutory provisions, in particular with regard to data protection, are to be observed. The active appraiser or auditor will only transmit to tracdelight the data and results required for the settlement. The costs of the appraiser will be borne by tracdelight, unless the review results in a discrepancy of 5% or more in favour of tracdelight compared to the data submitted to us with the number of sales/leads. In this case, the advertiser bears the costs of the expert.

B.2 Provision of the advertising material

  1. The advertiser provides tracdelight with the advertising material to be used by the publishers via a "product data feed" in accordance with tracdelight's technical specifications.
  2. The advertiser shall provide sufficient information for the labelling of the advertising (e.g. provider information) in order to comply with any statutory information obligations (e.g. UWG, PreisAngVO, etc.).
  3. The Advertiser agrees that the Publisher will have access to its Advertising Materials and the information related to the Advertising Materials, including design, target URL, evaluations, as well as other data, via the Platform.
  4. The question of an advertising material design as well as the target URL of an advertising material including its accessibility is the sole responsibility of the advertiser. tracdelight is entitled to reject advertising material of the advertiser without stating reasons, as well as to adapt it to any technical requirements.
  5. The advertiser guarantees that the advertising material provided by him as well as the linked target page neither violate applicable law nor impair or infringe the rights of third parties of any kind.
  6. The Advertiser indemnifies tracdelight against any claims of third parties in connection with infringements of rights according to No. 3 and 5 and undertakes to compensate tracdelight for all disadvantages and damages arising in this connection, including the costs of legal prosecution or defence within reasonable limits.

B.3 Granting of rights

  1. The Advertiser grants tracdelight and the Publisher accepted in each case in accordance with A.4 a simple, non-exclusive, non-transferable, worldwide right of use to the advertising material made available, limited in time to the term of the contract and limited in content to the purpose of the contract.
  2. The aforementioned grant of rights also includes the right to store, reproduce, publish, digitise and process the advertising material, insofar as this is necessary for the performance of the contract. Furthermore, this grant of rights applies to the use via fixed and mobile communication networks and means, including all digital and analogue transmission and retrieval technologies, in particular via cable, radio, fixed and mobile networks, all known and future transmission methods and including reproduction on any receiving devices.

B.4 Placement of the advertising media

  1. tracdelight supports the link between advertiser and publisher on the platform. tracdelight does not, however, assume any guarantee for the start time of an advertising campaign, the frequency and any campaign success.
  2. The question of a respective placement/positioning of provided advertising media is solely at the discretion of tracdelight, as well as the affiliated publisher.

C. Special provisions for website operators (publishers)

C.1 Publisher Account

  1. tracdelight sets up and manages accounts for the processing of remuneration.
  2. Publishers are remunerated from the advertising successes achieved via tracdelight. The data collection required for the calculation of advertising successes and the associated remuneration is carried out exclusively by tracdelight. As the remuneration depends on various factors (see section B.1.5), it is variable and is constantly adjusted with effect for the future.
  3. The advertiser pays a commission, which is due to the respective publisher less a percentage fixed in each case for tracdelight. The amount of the performance-related remuneration that the publisher receives from tracdelight can be called up by the publisher at any time via his account on the platform. A claim for reimbursement of costs or expenses for advertising activities in excess of this performance-based remuneration is excluded.
  4. The Publisher's claim against tracdelight for the performance-related remuneration arises and becomes due only if all the following conditions are met
    • Successful transaction (valid sale, click or lead)
    • Logging of the transaction via tracdelight
    • Acceptance of the delivery of goods by the end customer
    • Expiry of the statutory revocation period
    • Full payment by the end customer
    • No abuse within the meaning of A.7 of these General Terms and Conditions of Business
    • Confirmation of the transaction by the advertiser
  5. Payments of remuneration to publishers shall be made within the account on the 20th of each month, if a proper billing address is available, from an account balance of 25 euros net and if the participant has deposited his full name, company name, tax number / tax ID, full address and bank details.
  6. The regular limitation period for claims under paragraph 5 of this section C.1. is three years and, unless a different commencement date is specified, begins at the end of the year in which the claim arose and the creditor became aware of the circumstances giving rise to the claim and the person of the debtor or should have become aware without gross negligence.
  7. The Publisher agrees to be invoiced by credit note, under which tracdelight will issue a monthly credit note as soon as a corresponding payout amount has been reached.
  8. The payment of the respective fee to the publisher is based on the statistics generated via the platform. These are made available within the account.
  9. If the publisher has not generated any account credit and has not logged into his account for a period of two years, his account will be deleted by tracdelight after this period. The publisher must create a new account if they wish to work with tracdelight again.

C.2 Website registration

  1. Internet offers registered by the publisher as well as their contents must at all times comply with the applicable legal regulations.
  2. A publisher can only register internet offers that are registered in his own name. Should there be a registration to a third party, tracdelight can demand corresponding proof of the authorisation to register.
  3. Publishers may only register websites whose content does not violate applicable law. tracdelight is entitled to examine websites registered by the publisher for illegal content using suitable technical tools. Should publishers contain illegal or even criminally relevant content, the pages in question as well as the publisher concerned will be immediately excluded from participation in the programme and the publisher account will be blocked. The publisher expressly guarantees that the registered websites do not contain any pornographic, violent, anti-constitutional or criminal content.
  4. Search engine marketing is only permitted to a limited extent. Brand bidding and direct linking are prohibited.

C.3 Use of advertising media

  1. The publisher may not change the advertising material and codes provided to him without the corresponding express consent of tracdelight. Any alteration without consent entitles tracdelight to terminate without notice with simultaneous retention of any credit.
  2. To ensure correct statistics and the associated invoicing, publishers undertake to integrate the respective advertising media in a technically correct manner. Publishers are solely responsible for the correct integration. For incorrectly integrated advertising media, any claim to remuneration will be forfeited. Liability on the part of tracdelight and the advertisers for any disadvantages suffered by publishers due to the fact that they have not correctly integrated the advertising material is expressly excluded.
  3. It is also not permitted to involve participants of the Publisher Website in the revenue from the placement of advertising media by inducing them to click on advertising media.
  4. For remuneration obtained through the above-mentioned violations, any claim to payment is forfeited and tracdelight is entitled, after becoming aware of such a case, to exclude the publisher in question and, if necessary, to demand lump-sum damages in the amount of double the revenue obtained through a possible violation from the publisher in question. tracdelight is entitled to exclude the publishers concerned and, if applicable, to demand lump-sum damages from the publisher in question in the amount of double the revenue generated by any infringement. The publisher in question is entitled to prove that the damages are less than those quantified by the advertiser or tracdelight.
  5. The publisher will provide tracdelight with proof of integration (screenshot or URLs) for quality assurance of the platform upon first request.
  6. The Publisher undertakes to keep the product offer displayed on its website up to date at all times. This means that the data retrieval via the interface (API) must take place live each time it is used or must be retrieved at least once a day in order to guarantee the display of an up-to-date product catalogue.

C.4 Responsibility for Publisher Website and Labelling

  1. Publishers are solely responsible for their websites, including the content on them as well as maintenance and operation. They are also solely responsible for the proper implementation of all technical requirements, in particular compliance with the provisions formulated here and on the platform.
  2. Furthermore, the publisher is obliged to sufficiently label the advertising within the scope of the law. This includes, but is not limited to, the labelling of the advertising itself, as well as the advertiser's provider identification, should one be required.
  3. The Publisher indemnifies tracdelight against any claims of third parties in connection with infringements of rights within the scope of the above obligation and undertakes to compensate tracdelight for all disadvantages and damages arising in this connection, including the costs of legal prosecution or defence within a reasonable scope.

C.5 Warranty for advertising material

tracdelight makes no warranty, express or implied, to publishers regarding the advertising materials provided by the advertiser or the advertiser's goods or services, and therefore expressly disclaims any warranty of minimum quality or fitness for a particular purpose. This also applies to any conditions for non-infringement of third party rights.

C.6 Conditions of the Partner Shops

The publisher assures to accept the individual terms and conditions (so-called Terms of Services) of the connected partner shops (shops of the advertisers whose products are advertised) with their integration and to comply with the terms and conditions stated therein. The applicable Terms of Services of the connected partner shops can be called up at any time in the logged-in area under "Inspiration" / "Partner Shops".

D. Agreement on responsibility in the context of joint processing of data pursuant to Art. 26 (1) sentence 2 DSGVO

D.1 Description of the cooperation / Affiliate marketing process

  1. Publishers, advertisers and tracdelight work together in the area of affiliate marketing.
  2. Technical process: The user (data subject or data subject) visits the publisher's website and clicks on the affiliate link there because he is interested in purchasing a product. The link contains further information about the publisher's website and the selected product. The data subject is then briefly redirected to a tracdelight website where a cookie is set on the data subject. This cookie contains a randomly generated ID that tracdelight links to the information from the affiliate link (publisher, advertiser, product). The data subject is then redirected to the online shop of the advertiser. If the person concerned places a payable order in the online shop, a tracking pixel is triggered on the advertiser's website. This transmits the following information to tracdelight: Cookie ID, net amount of the purchase price, order number or customer ID, IP address of the data subject. The advertiser pays tracdelight a commission, which tracdelight distributes proportionately to the publisher.

D.2 Purpose and means of data processing

Data category Purpose
Usage data, communication data, contract-related data: Cookie ID, net amount of the purchase price, order number, customer ID, IP address. Implementation of affiliate marketing, payment of commissions for the brokerage of sales contracts.

D.3 Allocation of responsibility regarding data subjects' rights

  1. Area of responsibility Responsible
    Information requirements when collecting personal data (Art. 13 GDPR)
    A: Affiliate link information
    B: Cookie information
    C: Tracking pixel information
    A: Publisher
    B: tracdelight, Publisher
    C: Advertiser
    Processing of requests for information (Art. 15 DSGVO) tracdelight
    Processing of requests for rectification or completion (Art. 16 GDPR) and corresponding notification obligations (Art. 19 GDPR) tracdelight
    Processing of deletion requests (Art. 17 GDPR) and corresponding notification obligations (Art. 19 GDPR) tracdelight
    Processing of requests for restriction of processing (Art. 18 GDPR) and corresponding notification obligations (Art. 19 GDPR) tracdelight
    Data portability - processing of surrender requests (Art. 20 GDPR) tracdelight
    Processing of objections (Art. 21 DSGVO) tracdelight
    Compliance with the prohibition of automated individual decisions (Art. 22 GDPR) tracdelight
  2. In the event of objections (Article 21 of the GDPR) to the processing, tracdelight carries out the necessary balancing of interests. If tracdelight comes to the conclusion that the data of the data subject is no longer to be processed on the basis of legitimate interests, it will ensure that the objection is observed by all data controllers. The selection of the means is the responsibility of tracdelight.
  3. The parties undertake to provide the data subject free of charge with the information required under Art. 13 of the GDPR in a precise, transparent, comprehensible and easily accessible form in clear and simple language. The parties agree that the Publisher shall provide the information on the processing of personal data in area of responsibility A, tracdelight in area of responsibility B and the Advertiser in area of responsibility C. The provision will be made in particular in the respective data protection declarations on the websites of the parties.
  4. Insofar as a data subject approaches one of the Parties in the exercise of his or her data subject rights, the Parties undertake to forward this request to the other Party without delay, irrespective of the obligation to guarantee the data subject right. The latter shall be obliged to provide the requesting Party with the information from its area of responsibility necessary for the provision of information without delay.
  5. The parties undertake to make the essential content of this data protection joint responsibility agreement available to data subjects on their websites (Art. 26 (2) GDPR).

D.4 Responsibility regarding technical and organisational measures

  1. tracdelight is responsible for determining the technical and organisational measures following a risk assessment (Art. 24 (1) in conjunction with Art. 32 DSGVO).
  2. The responsibility provision in section D.4.1 also includes the obligation to document the selection of technical and organisational measures and the fulfilment of the standardised obligation to provide evidence (Article 24 (1) of the GDPR). The obligation to review and update the technical and organisational measures (Article 24 (1) of the GDPR) is also covered by the responsibility provision in section D.4.1. Upon request, the documentation of the technical and organisational measures taken shall be made available to the other contracting parties.
  3. The responsibility determined under section D.4.1 also includes the data protection impact assessment, if required (Art. 35 GDPR) and the consultation of a supervisory authority, if required (Art. 36 (1) GDPR), including the transmission of the necessary information (Art. 36 (3) GDPR).

D.5 Involvement of processors or sub-processors

  1. The Parties undertake to conclude a contract in accordance with Article 28 of the GDPR when using Processors within the scope of this Agreement.
  2. The Parties shall inform each other in a timely manner of any intended change in the use or replacement of subcontracted Processors and shall only use subcontractors that comply with the requirements of data protection law and the provisions of this Agreement. For the purposes of this provision, subcontracted services do not include services that the Parties use from third parties as an ancillary service to support the performance of the contract, such as telecommunications services and maintenance. However, the Parties are obliged to conclude appropriate and legally compliant contractual agreements and to take control measures in order to ensure the protection and security of personal data, also in the case of subcontracted ancillary services.

D.6 Directory management

The parties shall include the processing activities in their processing directory pursuant to Article 30(1) of the GDPR, including and in particular with a note on the nature of the processing operation under joint or sole responsibility.

D.7 Responsibility for personal data breaches

If a personal data breach occurs, it is the responsibility of tracdelight to comply with the notification obligations of Art. 33, 34 DSGVO.

D.8 Duties to cooperate

  1. To the extent necessary, the Parties shall assist each other in fulfilling the responsibilities assumed.
  2. Insofar as a data subject approaches one of the Parties in exercise of his/her data subject rights, in particular for information or correction and deletion of his/her personal data, the Parties undertake to forward this request to the other Parties without delay, irrespective of the obligation to guarantee the data subject right. The latter are obliged to provide the requesting Party with the information from their area of responsibility necessary for the provision of information without delay.
  3. If personal data is to be deleted, the parties shall inform each other beforehand. The other party may object to the deletion for a justified reason, for example if it has a legal obligation to retain the data.

D.9 Indemnification claim in the internal relationship

The Parties are aware that the responsibilities agreed in this Agreement only apply internally and that joint and several liability exists in this respect externally. Therefore, in the event that a data subject asserts his or her rights pursuant to Article 26 (3) of the GDPR against a non-responsible party in the internal relationship, the responsible party shall release the non-responsible party from the fulfilment of the rights of the data subject. The prerequisite for the release is that the party to be released immediately notifies the obligated party of third-party claims, does not acknowledge the alleged claims and leaves any dispute, including any out-of-court settlements, to the obligated party or only conducts it in agreement with the latter.

E. Final provisions

  1. This contract is subject to German law.
  2. The exclusive place of jurisdiction for all disputes arising from or in connection with this contract is Munich, provided that the parties to the dispute are merchants, legal entities under public law or special funds under public law.
  3. This contract does not establish a company with external effect in legal transactions, nor an employment, commercial agent, commission agent or employment relationship and therefore does not authorise either of the parties to make legally binding declarations for both of them together or for the other party or to commit or represent them in any other way.
  4. Should individual provisions be or become invalid or unenforceable and/or contradict the statutory provisions, this shall not affect the validity of the remainder of the agreement. With regard to the invalid or unenforceable provision, the parties agree that they will negotiate a valid and enforceable provision that comes as close as possible to the meaning and purpose of the invalid provision. In the event of loopholes, the provision that comes closest to the intention of the contracting parties at the time of the conclusion of the contract shall be deemed to have been agreed. The contract shall otherwise remain unaffected by the loophole.
  5. tracdelight is entitled to amend or supplement these General Terms and Conditions at any time. The participant has the right to object to such a change. If the participant does not object to the changed terms and conditions within 6 weeks after receipt of the change notification, they become effective according to the announcement. tracdelight specifically informs the participant in writing or via email at the beginning of the period that the change notification is considered accepted if the participant does not object to it within 6 weeks.

Status November 2020