General Terms and Conditions

§ 1 Fundamentals, Scope for Services of Attention Media in Online Marketing, Marketing, Programmatic Marketing, and as Commercial Agent

Attention Media provides all services exclusively based on the following General Terms and Conditions. Deviating regulations are only valid if agreed upon in writing.

§ 2 Services Provided by Attention Media

(1) Attention Media provides ad server technology via an ad server platform or demand-side platform (DSP) selected by Attention Media, potentially through a third-party provider. The ad server or DSP enables campaign tracking and control. Attention Media is responsible for managing the campaigns, including media buying, selection and placement of advertisements, target group selection, tracking, and optimization. Licensing costs for the ad server or DSP are covered by an Agency Trading Desk Fee of 8.5%.

If the hosting of creatives is handled via Attention Media’s ad server, campaign performance will be measured using Attention Media’s reporting tools. These metrics (e.g., ad impressions, clicks, sales) form the basis for billing the client.

(2) Attention Media designs advertising materials according to the client’s wishes. Materials will be submitted to the client for review and approval before going live. Approval includes content, design, and legal review; the client assumes full responsibility for the approved advertising materials.

(3) Attention Media will assign a dedicated point of contact to the client. This person is responsible for receiving and forwarding information on behalf of Attention Media.

§ 3 Client Obligations / Right to Terminate Without Notice

(1) The client agrees to integrate Attention Media’s invocation code (e.g., floodlight tags, tracking pixels) on all pages of their website for the duration of the agreement and not to alter it without prior written consent from Attention Media. The client agrees to modify or adapt the code upon Attention Media’s request. Attention Media reserves the right to verify code integration via third-party service providers at any time.

(2) The code integration is essential for Attention Media’s service delivery, as it sets a cookie on the user’s device that collects usage data. If the client fails to properly implement the code as required in § 3, Attention Media reserves the right to terminate the cooperation without notice.

§ 4 Data Protection Notice Pursuant to Art. 13 GDPR

(1) Attention Media does not collect, store, or process any personal data of users. All activities are carried out in accordance with applicable data protection laws, particularly Regulation (EU) 2016/679 (General Data Protection Regulation – GDPR). We are committed to protecting user privacy and ensure that no personal data is collected or used without legal basis.

(2) Attention Media uses the ‘Display & Video 360’ (DV360) platform from Google Inc. (“Google”). The DV360 cookie stores information (pages visited, ad impressions, page views, user interaction data, browser information, IP address, cookie ID, and search history) to enable website usage analysis. Attention Media does not receive any personal data from Google and does not engage in data retention as defined by data protection laws. For more information, see Google’s privacy policy: https://www.google.com/policies/privacy/

§ 5 Term and Termination

Unless otherwise stated in the Insertion Order (IO), the initial term of the engagement is three (3) months. The agreement automatically renews for successive six (6)-month periods unless either party gives written notice of termination at least four (4) weeks before the end of the current term. The receipt date of the written notice determines compliance with the deadline.

§ 6 Additional Provisions

Materials required to create the advertising creatives should ideally be provided by the client within five (5) business days of commissioning. The client guarantees that no third-party rights are infringed by the use of these materials and shall fully indemnify Attention Media against any claims made by third parties in connection with the use of such materials. This indemnification also covers legal defense costs. Creatives submitted by Attention Media for approval should be reviewed and either approved or returned with requested revisions ideally within three (3) business days.

§ 7 Limitation of Liability

(1) The following limitations of liability do not apply in cases of injury to life, body, health, liberty, or sexual self-determination resulting from an intentional or negligent breach of duty by Attention Media or its legal representatives or agents.

(2) Attention Media, including its legal representatives and agents, is only liable for intentional misconduct and gross negligence. Liability for slight negligence is limited to breaches of essential contractual obligations (cardinal duties), and in such cases, only to the foreseeable and typical damage. Essential contractual obligations are those that are necessary for fulfilling the contract and on which the client regularly relies. This exclusion does not apply to claims under the Product Liability Act or where Attention Media has fraudulently concealed a defect or provided a guarantee.

(3) Attention Media is not liable for disruptions caused by technical or legal reasons, transmission errors, network/server/software malfunctions, or other circumstances beyond its control (force majeure).

§ 8 Confidentiality

Both the client and Attention Media agree to keep all trade secrets (e.g., business data, customer data, revenue agreements, pricing) confidential, whether already known or disclosed during the term of the agreement. These obligations apply during the contract term and after the end of the cooperation. The information may only be used to fulfill the contract and may not be disclosed to third parties.

§ 9 Jurisdiction and Place of Performance

Jurisdiction and place of performance shall be the registered office of Attention Media.

§ 10 Miscellaneous

If any provision of this agreement is or becomes invalid, the validity of the remaining provisions shall remain unaffected. The invalid provision shall be replaced by a valid one that comes as close as possible to the intended economic purpose of the invalid provision.

Effective Date: May 1, 2025