Ad marketplace participation terms for publishers

1. Subject Matter and Provider

These terms govern the participation of a publisher (“Publisher”) in the ad marketplace in the Adpressa software of FHC+P GmbH, Würmstraße 55, 82166 Gräfelfing, registered in the commercial register of the Munich local court under HRB 237916, VAT ID DE315880457 (“Operator”). Through the ad marketplace, verified advertisers place online ads on the websites of the participating publishers. The Operator sells the ad slots to the advertisers in its own name, issues the invoices to them and compensates the Publisher in accordance with Section 6. These terms supplement the General Terms and Conditions (available in German) of the Adpressa software.

2. Participation

Participation is voluntary. It requires a booked ad marketplace module and begins when the Publisher activates it in its settings and agrees to these terms. The Publisher may deactivate it at any time; running ad serving then ends immediately. There is no entitlement to any particular volume of ads or revenue.

3. Ad Slots and the Publisher's Rules

The Publisher determines on which websites and ad slots ads from the ad marketplace appear, and sets a minimum bid for each ad slot. It may serve its own sold ads with priority, exclude certain advertisers or industries, and specify whether creatives run automatically after review by the Operator or only after its own approval. The Publisher is not obliged to provide any particular volume of impressions. Which ad appears in an ad slot is decided on each page view by a second-price auction: the highest bid wins, and the amount billed is the second-highest bid plus one cent per thousand impressions, but at least the Publisher's minimum bid.

4. Creatives, Content Rules and Review

Before a new creative is first served, the Operator reviews it for obvious violations of the content rules of the Ad Marketplace Terms. Responsibility for the content and destination of a creative lies with the advertisers; they indemnify the Operator and the Publisher against third-party claims. A review by the Operator does not replace a legal review. The Publisher may block a creative for its websites at any time and have reports from readers forwarded via the Operator. Special obligations of the Publisher, for example regarding advertising directed at healthcare professionals (Fachkreiswerbung) or advertising for medicinal products on freely accessible pages, remain the Publisher's responsibility. It excludes advertisers and industries that it may not show on its pages via the block list, or opens only suitable ad slots.

5. Labeling and Transparency

Each ad is labeled as an “Anzeige” (advertisement) and carries the link “Warum sehe ich das?” (Why am I seeing this?). It leads to a page of the Operator that shows who placed the ad and why it appears on this website, and through which readers can report the ad. The Publisher does not alter, obscure or remove the label or the link.

6. Compensation and Commission

For each month, the Publisher receives the amount that advertisers have paid for counted impressions on its websites (spending), less the Operator's commission. The commission is the percentage stated in the ad marketplace settings at the beginning of the month; the Operator gives notice of an increase at least six weeks in advance. The Operator bears the payment risk vis-à-vis the advertisers: they pay in advance, and the Publisher receives its compensation for counted impressions even if an advertiser later requests a refund of its credit balance.

7. Self-Billing Procedure and Payout

The Operator settles the compensation by way of the self-billing procedure (credit note procedure) under § 14 (2) sentence 2 of the German VAT Act (UStG): each month it issues a credit note in the name and for the account of the Publisher with the Publisher's details, plus VAT to the extent that the Publisher is subject to VAT. By participating, the Publisher expressly agrees to this procedure and does not issue its own invoice for the same services. It checks each credit note and objects to an incorrect credit note without undue delay, at the latest 30 days after receipt, in text form; it may revoke its consent at any time with effect for the future, in which case participation ends. The Publisher keeps its company data, its tax details, its VAT ID and its bank details in Adpressa up to date. The payout is made by bank transfer within 30 days after the end of the month. The Operator retains invoices and credit notes in accordance with the retention periods under tax law.

8. Counting

The compensation is based on the Operator's counts. Counting takes place without reference to individuals: no IP addresses, no cookies, no user profiles. Impressions and clicks that recognizably originate from automated agents (bot filter), come from browser preloading or would be counted twice are filtered out, shown separately, not charged and not compensated. If the Operator subsequently detects invalid traffic, it may correct the compensation within 30 days after the end of the month. The Publisher sees its figures and revenue in Adpressa.

9. Publisher's Obligations and Data Protection

The Publisher does not manipulate impressions or clicks, neither itself nor through third parties, and does not alter the display of the ads. It embeds the ads only via Adpressa and does not supplement them with its own tracking pixels or with profiles built from ad marketplace data. The Publisher itself remains the controller under data protection law for its portal; the Operator performs the serving and counting without reference to individuals. In the event of a violation, the Operator may end participation immediately and withhold the affected compensation.

10. Liability and Termination

Liability is governed by the General Terms and Conditions of the Adpressa software. The Operator is not liable for the content and destination of the creatives. Participation ends when the Publisher deactivates it, when the booking of the module ends or when the contract for Adpressa ends. Claims to compensation for impressions already counted remain in place. The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG); the place of jurisdiction is Munich, provided the Publisher is a merchant (Kaufmann).