Advertising Agreement
Advertising Agreement
Effective date: 4 August 2026
Version: 1.0
§ 1 Parties and scope
(1) The advertising platform “Project Mega Pack” (the “Platform”) is operated by
Garmingo Unternehmergesellschaft (haftungsbeschränkt)
Hörder Straße 324
58454 Witten
Germany
Commercial register: Local Court of Bochum (Amtsgericht Bochum), HRB 21729
VAT ID: DE369078453
Email: advertise@garmingo.com
represented by managing directors Alexander Neitzel and Lukas Halmschlager
(the “Provider”).
Riverbed LLC (United States) is the brand owner of Project Mega Pack. The Provider operates the Platform under licence; Riverbed LLC may access personal data processed in connection with the Platform, as described in our Privacy Policy.
(2) The “Advertiser” is the natural or legal person (or partnership) that books advertising via a Platform account.
(3) This Advertising Agreement (including these terms) governs booking, payment, and delivery of ads on the Platform. Conflicting Advertiser terms do not apply unless the Provider expressly agrees in writing.
(4) The Platform is offered to entrepreneurs within the meaning of § 14 BGB (German Civil Code). By accepting, the Advertiser confirms that they act in the course of their trade, business, or profession. Consumer contracts (§ 13 BGB) are excluded.
§ 2 Subject matter
(1) The Provider enables the Advertiser to upload creatives for defined placements (e.g. banners, catalog rows, detail pages, download gate), configure campaigns, and — after approval — serve them by spending prepaid Ad Credits.
(2) The Provider does not guarantee advertising success (no guarantee of impressions, clicks, conversions, or reach). Delivery depends on technical capacity, competing campaign weights, and available credits.
(3) The Provider may change placements, credit prices, formats, and delivery logic for the future. Purchased credits keep their face value; active campaigns may be affected where reasonable.
§ 3 Formation
(1) The agreement is formed when the Advertiser expressly accepts this Advertising Agreement during onboarding or campaign submission and the Provider enables advertising and/or accepts a campaign for review.
(2) The Provider may refuse enablement or campaigns, especially in case of breaches or doubts about identity, solvency, or legality.
§ 4 Ad Credits, pricing, and payment
(1) Ads are billed via prepaid Ad Credits for impressions (CPM) and clicks (CPC) at the placement prices shown on the Platform.
(2) Credits are purchased via Stripe (Merchant of Record). The checkout contract may be with Stripe as indicated. Prices, currency (EUR/USD), and pack discounts follow the checkout.
(3) Credits are non-refundable for cash, non-interest-bearing, and generally non-transferable. Refunds of unused credits only apply where mandatory law requires or the Provider expressly agrees (e.g. Provider-caused technical error).
(4) Credits already spent on delivered impressions/clicks are not refunded. Pausing, rejecting, or ending a campaign does not restore spent credits.
(5) Invoices/receipts are issued by Stripe and/or the Provider as applicable. The Advertiser must provide correct billing data (including VAT ID where required).
§ 5 Campaigns, creatives, and review
(1) The Advertiser supplies creatives and landing URLs and warrants legality and technical fit (size, format, file size).
(2) Allowed formats include WebP/JPEG/PNG, GIF, and MP4. MP4 videos must be 10 seconds or shorter; audio is stripped on upload. Forbidden examples include strobing, aggressive takeovers, fake UI (e.g. fake “Close” buttons), malware, phishing, and illegal, pornographic, hateful, or violence-glorifying content. Also prohibited as advertising content are tobacco (including e-cigarettes and related products), alcohol, gambling (including betting and casinos), and unregulated financial products (including crypto assets, CFDs, forex, or similar offerings that are not duly authorised where required).
(3) Landing pages must use HTTPS and match the ad’s message.
(4) New campaigns and material changes to creative or URL require Provider approval (“need_review”). Review is limited and does not certify legal compliance. Paid live delivery starts only after approval.
(5) The Provider may pause, reject, or terminate campaigns if this Agreement, third-party rights, or law is breached or threatened, or after user reports and investigation.
§ 6 Rights, indemnity, and Advertiser responsibility
(1) The Advertiser grants the Provider a simple, worldwide, non-exclusive licence to store, review, serve, preview, and report on the creatives on the Platform.
(2) The Advertiser warrants ownership of all required rights and that no third-party rights are infringed.
(3) The Advertiser shall indemnify the Provider and its agents against third-party claims arising from the creative, landing page, or campaign, and reimburse necessary defence costs, to the extent the Advertiser is at fault. The Provider will notify the Advertiser promptly of claims.
(4) The Advertiser alone is responsible for competition, labelling, and media-law compliance of their ads (including any required “advertisement” labelling).
§ 7 Provider duties and availability
(1) The Provider aims for continuous availability. Maintenance, third-party outages (hosting, CDN, Stripe), or force majeure may limit delivery without refund claims, except for intent or gross negligence by the Provider.
(2) House ads may appear when no suitable paid campaign is available.
§ 8 Liability
(1) The Provider is fully liable for intent and gross negligence and for injury to life, body, or health.
(2) For slight negligence of material contractual duties (cardinal duties), liability is limited to foreseeable, typical damage, capped at the net amount the Advertiser paid for Ad Credits in the twelve months before the damaging event.
(3) Other slight negligence liability is excluded. Product Liability Act claims remain unaffected.
(4) The Provider is not liable for Advertiser landing-page content or third-party decisions (browsers, ad blockers, user behaviour).
§ 9 Data protection
The Platform Privacy Policy applies. Where the Advertiser receives personal data via campaign analytics, they process it as an independent controller under applicable law (including the GDPR).
§ 10 Term, termination, and suspension
(1) This Agreement runs indefinitely while advertising is enabled on the account.
(2) Either party may stop advertising use going forward (Advertiser disablement or Provider suspension/termination for cause, especially breaches).
(3) Delivery ends on termination. Unused credits do not auto-expire but may be frozen for abuse or justified account suspension; mandatory rights remain unaffected.
§ 11 Amendments
The Provider may amend this Agreement for future effect where legally, technically, or commercially required. Material changes will be announced appropriately (e.g. in-product or email). If the Advertiser does not object within 30 days and continues using advertising, the change is deemed accepted; the notice will say so. Objection rights do not apply where mandatory law or authority orders require the change.
§ 12 Final provisions
(1) German law applies, excluding the UN CISG.
(2) If the Advertiser is a merchant, public-law entity, or special public fund, exclusive venue is Witten, Germany. The Provider may also sue at the Advertiser’s general venue.
(3) If any clause is invalid, the remainder stays in force. An effective clause closest to the economic purpose replaces the invalid one.
(4) Amendments require text form (including email or express in-product acceptance) unless stricter form is mandatory.
Contact: legal@garmingo.com