Version: September 2026

Preliminary Remarks / Structure of these GTC

BrandLogistics.NET GmbH (hereinafter “Provider” or “BrandLogistics”) provides services to advertisers, brand manufacturers and agencies (hereinafter collectively “Customer”) in two service areas:

• Module 1 – BrandMediaCloud: the intake, maintenance and distribution of the Customer’s digital brand content via the Provider’s central image database, linked to the GS1 GDSN, and its online brand portal, to affiliated trading companies.
• Module 2 – Retail Media / POS Screen Marketing: the time-limited broadcast of advertising content supplied by the Customer on point-of-sale screens in brick-and-mortar grocery and retail stores (hereinafter “POS Screens”), for which the Provider holds the marketing rights on behalf of the respective retailers (screen owners).

These GTC are divided into a General Part (Part A), which applies to all contracts, and the service modules (Part B and Part C), which supplement and take precedence over the General Part for the respective service area. In the event of conflicts between the General Part and a service module, the provisions of the relevant service module shall prevail.

PART A – GENERAL PART

§ 1 Scope, Definitions

1. These GTC apply to all contracts between the Provider and the Customer regarding the services described in the Preliminary Remarks, as well as to all related ancillary and consequential services.
2. The Provider’s offers are addressed exclusively to businesses within the meaning of § 14 of the German Civil Code (BGB), legal entities under public law, and special funds under public law (B2B). Contracts with consumers within the meaning of § 13 BGB are not concluded.
3. These GTC apply exclusively. Any conflicting, deviating or supplementary general terms and conditions of the Customer shall not become part of the contract unless the Provider has expressly agreed to their application in text form. This consent requirement also applies where the Provider, being aware of conflicting or deviating terms of the Customer, renders the service without reservation.
4. These GTC apply in the version applicable at the time the contract is concluded. The Provider shall make the GTC available to the Customer in text form prior to conclusion of the contract, or shall otherwise make them accessible with a clear indication of the applicable version. A mere reference to a version available on the internet at a general address, without a clear indication of the version applicable at the time of conclusion of the contract, is not sufficient. For a contract already concluded, only the version incorporated at the time of its conclusion shall apply, unless a later amendment is effectively agreed pursuant to § 12.
5. For further contracts and individual orders between the parties, these GTC shall apply only if they are made the basis of the respective contract and are made available to the Customer, in the version applicable at the time, prior to conclusion of the contract, or are otherwise effectively incorporated. For a new individual order, the version applicable at the time of that individual order shall generally apply. This does not amend already existing continuing obligations.
6. For the purposes of these GTC, “text form” means text form within the meaning of § 126b BGB (in particular letter, fax, email, or any other declaration suitable for the permanent reproduction of written characters). Unless otherwise specified in these GTC, text form is sufficient for declarations and agreements.

§ 2 Conclusion of Contract

1. The Provider’s offers are subject to change and non-binding, unless expressly designated as binding.
2. The contract is concluded upon the Provider’s acceptance of the Customer’s order, booking or intake application submitted in text form. Acceptance is given by way of an order or booking confirmation in text form, or by commencement of performance. The Provider is entitled to accept a contractual offer contained in the Customer’s order within two weeks of its receipt.
3. There are no oral or verbal side agreements; these shall only become part of the contract if confirmed by the Provider in text form. Statements in orders, booking documents, media data or price lists do not constitute representations of quality or warranties unless expressly designated as such.
4. Where the Customer places an order as an agency on behalf of an underlying advertiser, the contract is concluded directly between the Provider and the agency. The agency remains responsible for the fulfilment of all contractual obligations, in particular payment; the Provider may request proof of the agency’s mandate.

§ 3 Performance, Subcontractors, Right to Modify

1. The Provider shall render its services with the diligence of a prudent businessperson, in accordance with the state of the art applicable at the relevant time.
2. The Provider is entitled to engage suitable third parties (subcontractors, service providers, affiliated companies) to render the services. This does not affect the Provider’s responsibility towards the Customer.
3. The Provider is entitled to adapt the technical design of the service where this is necessary or reasonably appropriate due to technical developments, changed technical standards, statutory or regulatory requirements, or IT security reasons. Such a change must not materially impair the agreed scope of services, the agreed contract term, or the Customer’s material legitimate interests. Where a material impairment is unavoidable, the Provider will inform the Customer in good time and, to the extent reasonable, offer a technically and economically equivalent alternative.
4. The Provider does not owe any particular economic or advertising success. Forecasts regarding reach, contact numbers, attention or sales effects are non-binding planning estimates and not guaranteed characteristics.

§ 4 Customer’s Cooperation and Content Obligations

1. The Customer shall supply the content, materials and information required for performance of the services in good time, in full, and in the technical format required by the Provider. Service-specific deadlines are set out in Part B and Part C.
2. The Customer shall ensure and warrants that it holds all rights required for the contractual use of the content supplied, and that the content is free of any third-party rights that would conflict with its use by the Provider or the retailers.
3. The Customer is responsible for the legal permissibility of the content, advertising claims and other materials it supplies, and for the lawfulness of the advertising measures it initiates. This includes, in particular, the applicable rules of competition, copyright, trademark, personality-rights, youth media protection, medicinal-product, food, data-protection and environmental-advertising law, as well as — where relevant — the statutory requirements for artificially generated or manipulated content and for political advertising. In particular, the Customer shall ensure that any required labelling, transparency disclosures, evidence and other legally mandated information are provided in full and in good time. The listing of individual areas of law is for clarification only and is not exhaustive.
4. The Customer shall not supply any content that infringes third-party rights (in particular copyright, trademark, personality, competition or data-protection rights), or that contains criminal, violence-glorifying, discriminatory, pornographic, or otherwise offensive depictions.
5. The Provider will only accept political advertising on the basis of a separate agreement. Where the Provider broadcasts or otherwise disseminates political advertising, the Customer shall provide the Provider, in good time before performance begins, with all information, labelling, transparency information and evidence required under the applicable statutory provisions. In particular, the Customer is responsible for accurately informing the Provider about the political nature of an advertisement, the principal or sponsor, and any statutory requirements regarding targeting, labelling and transparency. The Provider is entitled to refuse, suspend, or discontinue broadcasting if required information or evidence is not available in good time, or if there are well-founded doubts as to legal permissibility.
6. The Provider is not obliged to review the content supplied for legal permissibility or possible infringements of rights. Any review nevertheless carried out does not give rise to a corresponding obligation or liability.
7. If content is supplied late, incompletely, in insufficient quality, or not in the required format, the Provider’s claim to remuneration remains unaffected. The Provider is entitled to suspend broadcasting or intake until content complying with the contract is available.

§ 5 Rights of Use and Indemnification

1. Upon providing the content, the Customer grants the Provider the non-exclusive rights of use, limited in time to the contract term, unlimited territorially, required for performance of the contract, to the extent the Provider requires them for the contractually agreed services. These include, in particular, the right of reproduction, technical processing (including format adjustments, enlargement/reduction), public performance and public communication, as well as distribution to the retailers. The service-specific scope is set out in Part B and Part C.
2. The Provider is entitled to grant the retailers engaged in performing the contract, and any other recipients required for contractual performance, the non-exclusive rights of use necessary for this purpose. The granting of rights of use is limited to the purpose contractually envisaged and the duration required for its performance. Copyright, trademark and other protective rights remain with the respective rights holder. The Customer must notify the Provider in text form, prior to providing the relevant content, of any existing substantive or legal restrictions on the rights of use granted. The Provider is not liable for restrictions that were not notified to it in good time, provided it neither knew nor should have known of their existence.
3. The Customer shall indemnify the Provider and the retailers affected by the contractual use against justified third-party claims based on the fact that content provided by the Customer, or its contractual use, infringes third-party rights or violates statutory provisions, to the extent the Customer is responsible for the underlying breach of duty. The indemnification includes the reasonable costs of the necessary legal defence. The Provider will inform the Customer without delay of any third-party claims asserted and, to the extent legally and factually possible and reasonable, give it the opportunity to participate in the legal defence. The Provider will not make any admission or enter into any settlement without prior consultation with the Customer, unless the Provider’s overriding legitimate interests preclude this. Indemnification does not apply to the extent the claim is based on a breach of duty for which the Provider is responsible. Where the Provider has contributed to causing the claim, indemnification applies in proportion to the respective share of responsibility.

§ 6 Remuneration and Payment Terms

1. The remuneration contractually agreed shall apply; failing that, the Provider’s price list in effect at the relevant time. All prices are exclusive of the statutory value added tax applicable at the relevant time.
2. Unless otherwise agreed, invoices are due for payment without deduction within 30 days of receipt of the invoice. A payment term of more than 60 days requested by the Customer requires an express agreement and an objective justification. Service-specific due-date and billing rules are set out in Part B and Part C.
3. Where the Customer is in default of payment, the Provider is entitled to charge default interest at the statutory rate (currently nine percentage points above the base rate pursuant to § 288(2) BGB) as well as the flat-rate default fee of EUR 40 under § 288(5) BGB. The right to assert further default damages is reserved; the flat fee shall be offset against any damages owed.
4. In the event of default of payment, the Provider is further entitled to withhold further performance (broadcasting or distribution) until the outstanding amounts due have been paid in full, after having given the Customer notice of this. Further rights, in particular to damages, remain unaffected.
5. Where an invoice is based on billing data made available by the Provider, the Customer should notify the Provider in text form of any identifiable objections to that billing data, if possible within six weeks of receipt of the invoice. The Provider will draw the Customer’s attention to this review period when issuing the invoice. Failure to meet this deadline does not result in the exclusion of statutory or contractual claims. This applies in particular where the Customer is not responsible for the delay, or where the discrepancy in question was not identifiable within the period despite a proper review.
6. The Customer may only set off undisputed, legally established, or ready-for-decision counterclaims. The Customer may only assert a right of retention on account of counterclaims arising from the same contractual relationship, to the extent such counterclaims are based on the same legal relationship. Mandatory statutory rights of the Customer remain unaffected.
7. For services with an indefinite or recurring contract term, the Provider is entitled to adjust the agreed remuneration where the costs relevant to the service in question change after conclusion of the contract. Relevant costs may include, in particular, personnel, energy, licence, hosting, infrastructure, third-party procurement, and other costs directly related to performance. A price increase may only be made to the extent objectively justified by the change in the relevant costs. Corresponding cost reductions shall be taken into account when determining prices, applying the same standards. The Provider will notify the Customer in text form of an intended price change at least six weeks before it takes effect, and will provide a comprehensible explanation of the main reasons for the adjustment. The price change shall be made at equitable discretion pursuant to § 315 BGB. The adjustment must not serve to generate an additional profit margin beyond offsetting the changed costs. If the remuneration increases by more than 5% compared to the most recently agreed price, the Customer may terminate the part of the contract affected by the price change, with two weeks’ notice, effective as of the date the price change takes effect. In the case of a price reduction of more than 5%, the corresponding cost principle shall apply in the Customer’s favour.

§ 7 Liability

1. The Provider is liable without limitation for damages arising from intent or gross negligence on the part of the Provider, its legal representatives or vicarious agents, as well as for damages resulting from injury to life, body or health. Liability under the German Product Liability Act, and liability arising from an expressly assumed guarantee, remain unaffected.
2. In the case of ordinary negligence, the Provider is liable only for breach of a material contractual obligation. Material contractual obligations are those obligations whose fulfilment is a prerequisite for the proper performance of the contract in the first place, and on whose observance the Customer may regularly rely. In such cases, the Provider’s liability is limited to the damage foreseeable at the time of conclusion of the contract and typical for this type of contract.
3. The above limitations of liability do not apply to the extent mandatory statutory liability provisions preclude them.
4. For the loss of data, the Provider is liable, subject to the above provisions, only to the extent the Customer has taken reasonable and state-of-the-art data-backup measures ensuring that the data can be restored with reasonable effort. In this case, liability is limited to the typical cost of restoration.
5. To the extent the Provider’s liability is effectively excluded or limited, this also applies in favour of its legal representatives, employees and vicarious agents.

§ 8 Force Majeure and Other Impediments to Performance Not Attributable to the Provider

1. The Provider is not liable for delays or failures in performance to the extent these are based on events that lie outside the Provider’s reasonable sphere of influence and for which the Provider is not responsible. These include, in particular, natural events, power or network outages, significant disruptions to telecommunications or IT infrastructure, cyberattacks despite reasonable protective measures, pandemics and epidemics, industrial action, governmental measures, and the loss or restriction of marketing rights to POS Screens, to the extent the Provider is not responsible for this.
2. For the duration of the impediment, the Provider’s affected performance obligations are suspended. The Provider will inform the Customer of material impediments to performance and their expected effects as soon as this is reasonably possible under the circumstances.
3. If the impediment to performance lasts longer than six weeks, either party is entitled to terminate the affected part of the contract in text form, with effect from the end of the sixth week. Services already rendered shall be remunerated on a pro-rata basis. Advance payments for services not yet rendered shall be refunded on a pro-rata basis, unless another contractual use is agreed.

§ 9 Confidentiality and Reference Use

1. Both parties shall treat as confidential all non-public business and technical information of the other party that becomes known in the course of performing the contract, and shall take reasonable confidentiality measures to protect it within the meaning of the German Trade Secrets Act (GeschGehG). This obligation continues to apply after termination of the contract.
2. The Provider is entitled to use the Customer’s name and logo solely as a reference to the existing or former business relationship, and for general presentation and reference purposes in connection with its own services. The use of specific advertising materials, product images, videos or other creative content provided by the Customer for the Provider’s own marketing purposes requires the Customer’s separate consent, unless such use is already expressly covered by the rights of use granted. The Customer may object at any time, with effect for the future, in text form, to the use of its name and logo as a reference. Reference materials already published will be removed from digital publications controlled by the Provider within a reasonable period, unless legitimate interests or technical reasons preclude this.

§ 10 Data Protection

1. The parties shall observe the applicable data-protection provisions, in particular the General Data Protection Regulation (GDPR) and the German Federal Data Protection Act (BDSG).
2. The Customer is responsible for the data-protection permissibility of the content it supplies and of any targeting. Where the Provider processes personal data on the Customer’s behalf, the parties shall conclude a data-processing agreement pursuant to Art. 28 GDPR prior to the commencement of processing.
3. To the extent contact, reach or other usage metrics are determined for the performance of the services, they shall be determined according to the method set out in the relevant order or in a measurement and billing policy agreed for this purpose. The measurement method, the definition of the relevant contact, and the data source used for billing shall be communicated to the Customer in a suitable form before or at the latest upon conclusion of the contract. Where personal data is processed for this determination, this shall only be done on a suitable data-protection legal basis. The parties shall, to the extent necessary, conclude the data-protection agreements required for this purpose.

§ 11 Term and Termination

1. Term, notice periods, and rights of withdrawal or cancellation are set out in the service modules (Part B and Part C).
2. The right of either party to extraordinary termination for good cause remains unaffected. Good cause exists for the Provider, in particular, in the event of material default of payment by the Customer, repeated or serious breaches by the Customer of § 4 of these GTC, and the opening of, or the refusal to open for lack of assets, insolvency proceedings over the Customer’s assets, to the extent legally permissible.
3. Any termination requires at least text form to be effective.

§ 12 Amendments to these GTC

1. The Provider may amend these GTC, with effect for the future, for existing continuing contractual relationships, to the extent necessary a) due to a change in mandatory statutory provisions, b) due to case law from a supreme court or otherwise relevant to the performance of the contract, c) due to technical or organisational developments affecting the agreed performance, or d) due to changes to the service offering, to the extent the change in question is objectively necessary for the continued performance of the contract or reasonable for the Customer.
2. Amendments under paragraph 1 may not materially change the parties’ material rights and obligations, the agreed remuneration mechanism, the Provider’s liability, the agreed contract term, or the Customer’s ordinary termination rights to the material detriment of the Customer.
3. The Provider shall notify the Customer of amendments in text form at least six weeks before they are due to take effect. The notice of amendment shall contain the previous and the amended wording, or a comprehensible comparison of the two, together with an indication of the date on which the amendment takes effect.
4. Amendments under paragraph 1 only become effective if the Customer expressly agrees to them in text form. By way of exception, an amendment that exclusively implements mandatory law, or that constitutes a purely editorial or technical/organisational adjustment without any adverse change to the contractual rights and obligations, may be made in accordance with paragraph 5.
5. For the amendments referred to in the second sentence of paragraph 4, the Customer’s consent is deemed given if the Customer does not object to the amendment in text form within six weeks of receiving the notice of amendment, and the Provider has expressly drawn attention in the notice of amendment to this legal consequence and to the start and end of the objection period. If the Customer objects within the deadline, the previous provision remains in force, to the extent its continued application is legally and factually possible.
6. Statutory and contractual rights of termination remain unaffected.

§ 13 Final Provisions

1. Amendments and supplements to the contract require at least text form. This also applies to any waiver of this text-form requirement. Individual contractual agreements (§ 305b BGB) take precedence.
2. Should any provision of these GTC, or any other agreement between the parties, be or become invalid or unenforceable, the validity of the remaining provisions shall remain unaffected. The statutory provisions shall apply in place of the invalid or unenforceable provision. To the extent there is a gap in the contract, the statutory provisions shall apply; a supplementary agreement between the parties remains possible. The parties are only obliged to replace an invalid or unenforceable provision with a new provision to the extent this is necessary for performance of the contract and legally permissible.
3. The law of the Federal Republic of Germany shall apply exclusively, to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG).
4. The exclusive place of jurisdiction for all disputes arising from or in connection with the contractual relationship is the Provider’s registered seat, provided the Customer is a merchant, a legal entity under public law, or a special fund under public law. However, the Provider is also entitled to bring proceedings at the Customer’s general place of jurisdiction. Mandatory statutory places of jurisdiction remain unaffected.

PART B – SERVICE MODULE 1: BRANDMEDIACLOUD – CONTENT INTAKE AND DISTRIBUTION

§ B 1 Subject Matter

1. The subject matter is the intake of the Customer’s digital, multimedia brand content (e.g. trademarks, logos, product images, moving images with or without sound, advertising copy, expert content, recipes; hereinafter “Brand Content”) into the Provider’s database, as well as its ongoing maintenance and updating, and the permanent availability and regular distribution of the Brand Content to affiliated trading companies (hereinafter “Retailers”).
2. The Provider shall include the Brand Content in its database, linked to the GS1 GDSN, and make it available to Retailers via the online brand portal and via software interfaces for the duration of the contract, for advertising use at the point of sale. Retailers receive an updated database status at least once per quarter. The Customer shall notify the Provider in good time of any changes to its Brand Content.

§ B 2 Conclusion of Contract

An intake application may cover one or more items of Brand Content. The contract is concluded, in accordance with § 2 of these GTC, upon order confirmation or upon commencement of performance (e.g. inclusion of the Brand Content provided in the online brand portal).

§ B 3 Scope of Services, Proof Approval, Technical Deviations

1. Depending on the quality of the files supplied and due to the state of the art (e.g. of printers, screens and projectors), deviations from the original in terms of level of detail and colour reproduction may occur when the Brand Content is printed or displayed.
2. Where the Provider provides the Customer with a proof for review, the Customer must notify any identifiable requests for changes or corrections in text form within seven calendar days of receiving the proof. When sending the proof, the Provider will expressly draw the Customer’s attention to the start and end of this period and to the legal consequences under paragraph 3.
3. If the Customer raises no objections within the period, the proof shall be deemed approved with respect to any deviations that would have been identifiable upon a proper review. This deemed-approval rule does not apply to errors or deviations that were not identifiable upon a proper review within the period, nor to rights the Customer cannot waive under mandatory law. Rework requested by the Customer may be charged on a time-and-materials basis.

§ B 4 Rights of Use

1. In addition to § 5 of these GTC, the Customer grants the Provider the right to include the Brand Content in its database (library) and to reproduce, distribute and make it publicly available as part of that database, to make it publicly available via the online brand portal, and to distribute it to Retailers by any data carrier, electronic data transmission, and via software interfaces.
2. The Provider may sublicense non-exclusive rights to Retailers for advertising use at the point of sale, in particular the rights to edit, redesign, and incorporate the content into posters, labels and shelf-talkers, to print it, and to publicly display it, e.g. via in-store screens. The Provider may also make the Brand Content available, for the purposes stated, to affiliated wholesalers, affiliated companies and members, as well as their advertising agencies.
3. The Provider shall not use the Brand Content for its own advertising purposes in relation to the branded products, but at most for demonstration and presentation purposes in connection with its own services (see § 9(2)).

§ B 5 Infringement of Rights, Blocking

1. In addition to § 5(3): where the Provider or a Retailer is held liable due to an alleged infringement of rights caused by an item of Brand Content, the Customer shall indemnify the Provider or the affected Retailer against justified claims in accordance with § 5(3).
2. The Provider is entitled to temporarily block, or remove from the online brand portal or the database, an item of Brand Content if a) there is, based on concrete circumstances, a well-founded suspicion of an infringement of rights, b) a competent authority or court so requires, c) continued provision of the content could expose the Provider or a Retailer to significant legal liability, or d) the Customer is more than two weeks in default of a due annual distribution fee and the Provider has previously unsuccessfully requested payment. The Provider will inform the Customer of any blocking without undue delay where possible. Where a blocking is due to a circumstance for which the Customer is responsible, the Provider’s claim to remuneration remains unaffected.

§ B 6 Prices and Payment

1. The amount of the one-off intake fee per item of Brand Content and of the annual distribution fee is set out in the intake application and the price list in effect at the relevant time; all amounts are exclusive of statutory value added tax.
2. The intake fee is invoiced upon conclusion of the contract. The annual distribution fee is due at the end of the respective contract year. In all other respects, § 6 of these GTC applies, in particular the provisions on price adjustment under § 6(7).

§ B 7 Term, Termination, Deletion

1. The contractual relationship begins, for each item of Brand Content ordered, upon conclusion of the contract and runs for an indefinite period.
2. Either party may terminate the contractual relationship in respect of any individual item of Brand Content, with three months’ notice, effective at the end of a contract year. Notice of termination must be given at least in text form.
3. Upon termination of the contractual relationship, the Provider shall remove the affected Brand Content from the online brand portal and discontinue further distribution, unless continuing rights of use held by Retailers preclude this. Files provided by the Customer shall be deleted from the systems used for performance of the services after a reasonable transition and wind-down period, unless statutory retention obligations, legitimate evidentiary interests, or technically necessary backup copies preclude this. Rights of use effectively granted to Retailers prior to termination remain in place for the duration of their effective grant.

PART C – SERVICE MODULE 2: RETAIL MEDIA / POS SCREEN MARKETING

§ C 1 Subject Matter

1. The subject matter is the time-limited broadcast of advertising content supplied by the Customer on POS Screens, for which the Provider holds the marketing rights on behalf of the respective Retailers.
2. Broadcasting is generally without sound, unless expressly agreed otherwise.

§ C 2 Delivery of Advertising Content

1. The Customer shall deliver the advertising content no later than 10 calendar days before the booked broadcast start date, in the technical format required by the Provider.
2. Due to the nature of the files supplied and the technical state of the playback devices, deviations from the original in terms of level of detail and colour reproduction may occur during display; such technically-caused deviations do not constitute a defect.

§ C 3 Broadcasting, Placement, Retailer Consent

1. The Provider shall determine the specific placement and the timing of broadcasting at its equitable discretion, taking into account the agreed campaign parameters. The Customer has a claim to a specific individual placement only if this was expressly agreed in the order.
2. Where broadcasting requires the consent of a Retailer or other screen operator, the Provider will obtain the necessary consent to the extent this is owed and reasonable under the circumstances. If consent is not granted, or is subsequently withdrawn, for a reason for which the Provider is not responsible, the Provider will endeavour to arrange a replacement placement that is as economically and promotionally equivalent as possible. If no reasonable replacement placement can be offered, the performance obligation lapses for the affected part of the booking. Remuneration already paid for that part shall be refunded on a pro-rata basis, or not charged. Further claims by the Customer exist only in accordance with the liability provisions of these GTC.

§ C 4 Booking Period, Term, Cancellation, Termination Mid-Campaign

1. Bookings are made on a weekly basis, with a minimum term of one week. The contract term corresponds to the booked period; ordinary termination during the term is excluded.
2. Withdrawal or cancellation by the Customer is possible free of charge up to six weeks before the planned broadcast start date. In the case of a later cancellation, the Provider may charge the following flat-rate cancellation fees: for cancellation more than four weeks, but no more than six weeks, before the broadcast start date: 25% of the net order value; for cancellation more than two weeks, but no more than four weeks, before the broadcast start date: 50% of the net order value; for cancellation within two weeks of the broadcast start date: 100% of the net order value. The Customer expressly retains the right to prove that no loss, or a materially lower loss, was incurred. The Provider retains the right to prove an actually higher loss; any such loss will only be claimed after crediting the flat-rate cancellation fee. Costs already incurred and no longer cancellable for individually commissioned creative, production, adaptation or other third-party services shall be reimbursed regardless of the above tiered scale, to the extent they were commissioned or approved by the Customer.
3. The Provider is entitled to suspend or discontinue a broadcast, in whole or in part, for objectively justified reasons. An objectively justified reason exists, in particular, in the case of a well-founded suspicion of a legal infringement, significant technical disruptions, a risk to proper operations, or the loss of the required marketing rights. Where the suspension or discontinuation is not due to a circumstance for which the Customer is responsible, the remuneration for the period not broadcast, or the part of the service not rendered, shall be reduced or refunded on a pro-rata basis. Where the suspension or discontinuation is due to a circumstance for which the Customer is responsible — in particular unlawful, technically unsuitable, or untimely advertising content — the claim to remuneration for the booked period remains unaffected.

§ C 5 Billing, Measurement and Reach

1. Remuneration is based on the cost-per-mille (CPM) rate agreed in the respective order.
2. The number of contacts as defined in the order, or in the agreed measurement and billing policy, is decisive for billing. A “contact” is the technically or methodologically determined advertising contact defined therein. The measurement and calculation method, as well as the relevant data source, shall be made available to the Customer prior to conclusion of the contract.
3. The Provider may engage suitable measurement service providers to determine the billing-relevant metrics. The Provider’s responsibility for correct billing under the contract remains unaffected by this.
4. In the event of temporary technical measurement failures, the billing-relevant contacts shall be determined in accordance with the agreed measurement and billing policy. If no such arrangement exists, the Provider may not, for the period concerned, bill for more contacts than can be verifiably determined on the basis of the reliable data available.
5. On request, the Provider shall make available to the Customer, to a reasonable extent, the billing data required to review the invoice, unless statutory, data-protection, or legitimate technical or business interests preclude this.
6. No specific reach, contact volume or advertising effect is owed, unless a binding minimum reach is expressly agreed in the order. Forecast reach and contact figures are planning estimates and do not constitute a representation of quality or a guarantee.

BrandLogistics.NET GmbH · Registered seat: Heidelberg · HRB 432683 · Version: September 2026