General terms and conditions (GTC) for the Ticketrunner Platform
(Last update: March 2017)
The Operator is Ticketrunner GmbH, Longericherstrasse 12, 50767 Cologne.
The Ticketrunner Plattform is an online platform managed and operated by the Operator on which the Organizer can list the events organized by them and allow these events to be advertised by Affiliates and Ticketrunners in order thereby to increase ticket sales for the Organizer’s events.
The Organizer lists its events on the Ticketrunner Platform and specifies the type and manner of remuneration (affiliate commission or reward) as well as the amount and any applicable conditions.
The Affiliate may select an event listed on the Ticketrunner Platform, for which an affiliate commission has been specified, and advertise it by, for example, sharing it in social networks and linking to it. Affiliates are exclusively companies.
The Ticketrunner may select an event listed on the Ticketrunner Platform, for which a reward has been specified, and advertise it by, for example, sharing it in social networks and linking to it. Ticketrunners are exclusively consumers.
The Ticket Provider is the company that was contracted by the Organizer for the sale of tickets for the respective event.
The Customer buys a ticket for an event from the Ticket Provider. The Customer arrives at this ticket via a link provided by an Affiliate or a Ticketrunner.
A Sale is the completed and fulfilled ticket-purchase agreement between the Ticket Provider and the Customer following receipt of the Customer’s payment by the Ticket Provider.
Successful brokerage of a sale by an Affiliate or a Ticketrunner means that the Customer, with whom the sale is concluded, has arrived at the event via a link placed by the Affiliate or Ticketrunner.
An Affiliate commission is the net fee that the Affiliate receives for a successful brokerage. This fee is payable in the amount determined by the Organizer. This amount is determined according to a percentage of the gross ticket sales price.
A Reward is the remuneration that the Ticketrunner receives for a number of successful brokerages specified by the Organizer. This remuneration is not in the form of money but, for example, in the form of free tickets, merchandise articles, VIP treatment, or drink vouchers etc.
Aktionen werden von der Marke innerhalb der Kampagne eingestellt und beschrei-ben die genauen Voraussetzungen, die ein Botschafter erfüllen muss um Punkte zu verdienen, die dann wiederum gegen Rewards eingetauscht werden können.
An Operator commission is the net fee that shall be paid to the Operator with each sale by the Organizer. For a sale brokered by an Affiliate, this operator commission shall be paid in addition to the affiliate commission and amounts to 30% of the affiliate commission but at least €1.00. For a sale brokered by a Ticketrunner, it shall amount to 10% of the net ticket sales price.
Tracking refers to the monitoring and recording of sales and their successful brokerage. Tracking is done by the Operator.
§ 1 Validity
These GTC come into force in the version valid at the time of the registration and govern participation of Organizers in the Ticketrunner Platform.
§ 2 Other general terms and conditions
Any differing, conflicting, or supplemental general terms and conditions on the part of the Organizer shall not apply, even if recognized by the Operator, unless their applicability is expressly agreed upon in writing.
§ 3 Services of the Operator
(1) The Operator shall provide the technical conditions for the use of the Ticketrunner Platform and operate and manage it.
(2) After successful registration, the Organizer my list its events on the Ticketrunner Platform along with the respective affiliate commission or the necessary number of successfully brokered sales for receiving a reward. The Organizer may also specify the type of reward and the participation conditions for the Affiliates and Ticketrunners with respect to the advertisement of the event. The Organizer may specify either an affiliate commission or a reward for an event or offer both remuneration models in parallel.
(3) The Operator shall carry out the tracking, i.e. monitor and report the sales and successful brokerage by the Affiliate and Ticketrunner. The Operator shall provide the Organizer with an overview of the affiliate and operator commissions to be paid by the Operator on the basis of sales and successful brokerages as well as the rewards to be provided to the Ticketrunners.
(4) The Operator shall transfer to the Affiliate the affiliate commission paid by the Organizer and shall create an invoice regarding the affiliate and operator commissions.
(5) The Operator is entitled to make use of third parties/ subcontractors for the fulfillment of the obligations described above.
(6) By registering on the Ticketrunner Platform, a contract arises only between the Operator and the Organizer regarding the use of the Ticketrunner Platform. However, no contract arises thereby between the Organizer and the Affiliate, the Ticketrunner, the Customer, or the Ticket Provider.
(7) The Operator provides no brokerage services for the Organizer. No claim exists on the part of the Organizer to the earning of income via the Ticketrunner Platform.
(8) The contractual relationships between a Customer and the Organizer as well as the Ticket Provider with respect to the purchase of tickets are initiated, concluded, and fulfilled without participation by the Operator. The Operator at no time becomes a contractual partner of the Customer.
(9) The Operator shall endeavor to make the Ticketrunner Platform available without interruption to the extent possible. However, no claim exists on the part of the Organizer to the interruption-free use of the Ticketrunner Platform.
§ 4 Registration
(1) Permanent registration by the Organizer is required for the use of the Ticketrunner Platform. To register, the Organizer must completely and correctly fill out the mandatory fields required by the Operator.
(2) Registration is free of charge. In the subsequent use of the Ticketrunner Platform, the Organizer must pay the affiliate and Ticketrunner commissions owed and transfer the rewards to the Ticketrunner.
(3) Only companies in accordance with §14 BGB may register as an Organizer. Natural persons who have restricted legal competence (e.g. minors) may not register.
(4) After entering the required information and clicking on the “register” button, the data provided by the Organizer will be transferred to the Operator. By clicking on the button, the Organizer provides a binding offer to conclude a contract on the use of the Ticketrunner Platform on the basis of these GTC. The Operator is entitled to decide at its discretion whether to accept this offer. The Operator accepts the offer by activating the Organizer for participation in the Ticketrunner Platform and communicating this to the Organizer by email. Should acceptance not occur within a reasonable time, the Organizer is no longer bound by its offer.
§ 5 Payment
(1) The Affiliate shall receive from the Organizer for each successful brokerage of a sale that was tracked by the Operator the affiliate commission specified by the Organizer for the respective event. The Ticketrunner shall receive from the Organizer the reward specified by the Organizer for the necessary number of successful brokered sales specified by the Organizer. The Operator shall receive the operator commission.
|Aktive Botschafter Spanne||0-50||51-150||151-450||451-1000||1001-2000||2001-4000||4001-6000||6000-10000||10001-15000||15001-30000|
|Price per Ambassador||2,35 €||2,00 €||1,75 €||1,60 €||1,50 €||1,32 €||1,18 €||0,88 €||0,59 €||0,44 €|
Die Betreiber-Provision wird monatlich anhand der aktiven Botschafter berechnetAk-tiv ist ein Botschafter sobald er mindestens einmal eine Aktion im Monat durchgeführt hat.
(2) The Organizer shall pay the affiliate and operator commissions to the Operator. The Operator shall transfer the affiliate commission to the Affiliate. The Organizer shall transfer the reward directly to the Ticketrunner.
(3) The invoice for the amounts due shall be made daily or within a period of up to 3 days. The Operator shall draw the amounts due from the account specified by the Organizer. The delivery of the invoice shall be done digitally. Before the Organizer approves the events organized by it for advertisement, the Organizer must inform the Operator of its payment modalities.
(4) If an event for which the Affiliate or Ticketrunner has successfully brokered a sale is cancelled, this sale shall still be counted as a successful brokerage of a sale. If the even is cancelled, the Organizer must still pay the commissions to the Operator and must still transfer the reward to the Ticketrunner.
§ 6 Duration and termination
(1) The contract on the use of the Ticketrunner Platform is concluded for an indefinite period.
(2) Either party may terminate the contract at any time without observance of a notice period.
(3) Upon effective termination, the contract on the use of the Ticketrunner Platform shall end and the Organizer may no longer use the Platform. Access to the Ticketrunner Platform will be blocked on the termination date. A final invoice shall be created regarding any possible outstanding payments from the Organizer. The Organizer must settle these payments.
(4) The Operator is entitled to permanently delete any data collected in the context of the contractual relationship 30 calendar days after the termination becomes effective and after expiry of any possible statutory period.
§ 7 Obligations of Organizers
(1) The Organizer is obligated to maintain confidentiality regarding its access data, particularly its password. The Organizer must ensure that unauthorized third parties do not gain access to these data. The Organizer shall inform the Operator immediately if there is reason to suspect that unauthorized third parties have knowledge of or will have knowledge of the Organizer’s access data. The Organizer is wholly responsible for any use of the Ticketrunner Platform that occurs through the Organizer’s account.
(2) The Organizer shall use the Ticketrunner Platform only in compliance with the applicable statutory regulations, particularly statutory provisions regarding protection of minors, general personal rights, data privacy, copyright and related property rights, as well as trademark and competition law.
(3) The Organizer shall not spread any viruses, trojan horses, or other malicious files, nor shall the Affiliate send any junk or spam mail to the Affiliates, Ticketrunner, or Customers. The Organizer shall also refrain from undertaking any action that may hinder the operation of the Ticketrunner Platform.
(4) The Organizer undertakes during the duration of its registration on the Ticketrunner Platform to refrain from advertising any events already listed on the Ticketrunner Platform by bypassing this Platform. The Organizer also undertakes to refrain from contacting Affiliates or Ticketrunners for this purpose outside the Ticketrunner Platform.
(5) The Organizer is obligated to pay to the Operator the respective affiliate commission specified by it as well the Ticketrunner commission that is due. A change to the affiliate commission specified by the Organizer may be made by the Organizer only if the commission is increased. A reduction of the commission is not permitted.
(6) The Organizer undertakes to transfer the reward specified by it to the Ticketrunner. Should the Organizer violated this obligation, it must pay damages to the Operator in the amount of the gross ticket price or the value of the reward as well as a processing fee in the amount of €50.00. The Organizer is entitled to demonstrate that damage has not arisen or is considerably lower in magnitude.
§ 8 Blocking access
(1) The Organizer’s access to the Ticketrunner Platform may be blocked temporarily or permanently at the Operator’s discretion completely or with regard to individual events if there is concrete evidence that the Organizer is violating or has violated its obligations from §7 of these GTC, and/or applicable laws, or if there is a legitimate interest on the part of the Operator in blocking access. The Operator shall take account of the Organizer’s legitimate interests in its decision regarding blocking access.
(2) The Operator will block access permanently if there are repeated violations within the meaning of paragraph 1.
(3) In the event that access is blocked, the Organizer shall be notified of this and the reasons for it by email.
(4) In the event that access is only temporarily blocked, the Operator shall inform the Organizer by email regarding re-activation of access after expiry of the blockage period or after final resolution of the reason for blocking access.
(5) Re-activation after permanently blocked access is not possible. The Organizer may, however, register again, and the Operator will decide again whether to accept the offer to conclude a user contract.
§ 9 Limitation of liability
The Operator is liable for damages caused by it or its legal representatives or agents, for whatever legal reasons, in the full amount if intent or gross negligence is demonstrated.
In the event of slight negligence, the Operator is liable only in the case of violation of essential contractual obligations (obligations the fulfillment of which shape the contract and upon which the Organizer may rely). However, the amount of this liability is limited to the foreseeable, immediate, and contractually typical damages at the time of the conclusion of the contract unless greater damages can be demonstrated.
The statutory liability for injury to life, limb, or health pursuant to the Product Liability Act remains unaffected by the limitations of liability.
§ 10 Responsibility of the Operator
The responsibility of the Operator is limited to providing the technical conditions for the use of the Ticketrunner Platform, tracking, the collection of the affiliate commissions, and the payment of the commissions to the Affiliate.
The respective Affiliates, Ticketrunner, and the Organizer are responsible for the contents of the personal information about Affiliates and Ticketrunners stored on the Ticketrunner Platform and information stored on the Ticketrunner Platform about the Organizers regarding events. The Operator will not check this information for completeness, accuracy, or legality and therefore assumes no responsibility or guarantee for the completeness, accuracy, legality, or timeliness of the information.
§ 11 Confidentiality
(1) The parties undertake to respect the confidentiality of all data and information made available in connection with this contract unless such data and information are already publicly available or expressly intended for publication. When in doubt, the data and information shall be kept confidential.
(2) The obligation to confidentiality persists after the end of the contract for an indefinite period.
§ 12 Use of names and logos
As long as the Organizer is registered on the Ticketrunner Platform, the Operator is entitled to use the name and logo of the Organizer as a customer reference.
§ 13 Granting of rights to use
(1) The Organizer shall place contents about its events on the Ticketrunner Platform. The Organizer guarantees that it is the owner of all rights to this image. The Organizer grants the Operator the simple right, limited to the period of the Ticketrunner’s registration, to reproduce this content for use by the Ticketrunner Platform in accordance with the contract, to make this content accessible to other Ticketrunner Platform users, and to use this content for the advertisement of the Ticketrunner Platform in online and offline media. The Organizer indemnifies the Operator with regard to all claims of third parties against the Operator arising from violation of the aforementioned parties’ rights through this content on first request including all necessary costs for legal defense.
(2) The Operator shall provide the Organizer if necessary with material, such as the Ticketrunner logo, for the advertisement of the Ticketrunner Platform and the events listed there. The Operator grants the Organizer the simple right, limited to the period of the Organizer’s registration, to use this material for advertisement of the Ticketrunner Platform and the events listed there.
§ 14 Right of modification
The Operator reserves the right to make changes or amendments to the GTC insofar as these are necessary for objective reasons such as, for example, changes to the legal situation or market conditions and the Organizer is not hereby disadvantaged in bad faith. Changes or amendments to the GTC shall be made known to the Organizer by written notice. These changes and amendments are considered approved if the Organizer does not object in writing within one month after receipt of the notice of changes or amendments.
§ 15 Jurisdiction
The exclusive jurisdiction is Cologne, provided the Organizer is a merchant, a legal entity under public law, or a special property under public law.
§ 16 Applicable law
German law applies.
§ 17 Language
The contract language is German. Should the GTC be translated in other languages, the German version shall apply in the case of discrepancies between the German version and the translated version.