- 1 Service
- 2 General and scope of application
- 3 Conclusion of contract
- A contract is concluded after the registration of the participant and the activation of the participant for the streamboost partner program. There are no verbal collateral agreements or verbal assurances that go beyond the content of the contract.
- Minors are excluded from participating in the streamboost partner program.
- The contract language is German
- 4 Possible uses
- Registered users have the option to submit content that can be shared to Twitch.
- streamboost reserves the right to change the offered content at any time or to discontinue the services completely.
- streamboost also does not promise in any way the constant, uninterrupted availability of the website.
- By signing up on streamboost you accept that we may inform you about company news and specials via email. The notifications can be unsubscribed at any time via the unsubscribe form.
- 5 Registration
- Each participant has to register with streamboost by signing up to participate in the streamboost affiliate program. When registering, the participant must truthfully provide the following data:
- Postal address
- Contact details
- Dates of birth
- Details of the commercial activity
- If applicable, company name, address and VAT number
- Disbursement details
- 6 Term of contract and termination
- The contracts are concluded for an indefinite period.
- The contracts can be terminated at any time by either party without giving reasons by deleting the account or by e-mail.
- Each participant may not be registered more than once.
- 7 Partner
- Participants of the streamboost partner program are partners. The partners promote the products of streamboost's advertising customers on their own responsibility and in an entrepreneurial way by publishing advertising material on their social video channel. For this, the participants receive fees according to §7, §8 and §9.
- Participation in the partner program is free of charge for partners.
- Partners are free to choose to participate in the streamboost partner program, to participate in the advertising campaigns offered by streamboost, to use the software provided by streamboost and to publish the advertising content that goes along with it.
- Partners may remove the displayed banners, advertising messages and links at any time by deactivating the streamboost links, without giving reasons.
- 8 Charges
The type of payments and their amount depends on the functions used by the partner.
Campaign advertising in the form of banners in the live streaming image
- Partners who participate in campaigns receive an amount for each ad impression for providing their advertising space (condition model pay per view).
- Units of one thousand ad impressions each are billed according to the so-called thousand-contact price (CPM).
- The thousand-contact price (CPM) is determined by streamboost on a partner-specific basis and depends on the advertising campaign.
- The partner-specific CPM valid for the advertising campaign can be viewed by partners at any time on the streamboost platform or requested at email@example.com.
- The CPM can be changed by streamboost at any time with a notice period of three working days. About a change the partners by streamboost immediately informed by e-mail.
- streamboost pays the partners for provided and activated affiliate programs, using qualified links, an amount according to the PPL (Pay per Lead) or PPS (Pay per Sale).
- The PPL or PPS amount is set by the advertiser and depends on the affiliate program.
- The PPL or PPS valid for the affiliate can be viewed by the partners at any time on the streamboost platform or requested at firstname.lastname@example.org.
- 9 Ad impressions
- An ad impression is defined as a total view specified by the social video platform on the social video channel of a partner participating in the campaign. The prerequisite is the use of the system while the channel is live.
- Only ad impressions in which the advertising banner is clearly and completely visible and displayed with full opacity and not covered up will be paid for.
- Only ad impressions that are displayed in the size 300x250 pixels are compensated.
- Only ad impressions where the advertising banner is integrated via the streamboost web plugin with the advertising link are remunerated. The partner can see the advertising link on the streamboost settings page (profile).
- Only ad impressions generated within the defined campaign parameters (ad impression defined by the advertiser) are remunerated.
- Ad impressions generated via videos on demand are not remunerated.
- Ad impressions generated through advertising spaces other than those specified by the streamboost web plugin will not be remunerated.
- Only ad impressions that are permitted are remunerated. Inadmissible ad impressions are ad impressions that are
- with the help of automated programs of all kinds,
- by viewer bots,
- by paying sums of money or pretending false facts,
- by deleting cookies,
- By continuously updating the page of the participant's social video channel or
- generated by opening the participant's social video channel multiple times. Inadmissibility is assumed in particular if,
- if ad impressions (or clicks) in a disproportionate amount come from the same IP address,
- With unusually high ad impressions and click-through rates relative to the average and historical number of viewers and followers of the partner's social video channel.
streamboost decides exclusively and finally about the existence of an inadmissibility. Ad impressions judged to be inadmissible will not be remunerated.
- The remunerated ad impressions are exclusively and finally determined by streamboost. This also applies if the number of ad impressions can be determined in parallel by third parties. streamboost determines the number of ad impressions with a proprietary technology, based on the views of the channels of the social video platform participating in the streamboost partner program, which are queried via an API. The partner commits himself to grant streamboost the corresponding rights.
- streamboost reserves the right at any time to reject ad impressions subsequently and without giving reasons and not to remunerate them.
- 10 Affiliate Programs Provided
- Provided affiliate programs are defined as affiliates created directly through streamboost or affiliates created by third parties which are available through streamboost.
- Prerequisite for the use of the affiliate system is the use of the qualified link provided via streamboost.
- By choosing an affiliate program, the partner applies to this program and, if accepted, will be activated by streamboost.
- In accordance with these Terms and Conditions, you have joined the Network as a Network Partner and may use the Advertiser Offers for Affiliate Partners. Your participation is completely voluntary and you can terminate it at any time. Neither streamboost nor any Network Advertiser will create the impression that you or your services have been courted, solicited or procured to advertise streamboost or any Network Advertiser or their businesses or goods, products, property or services.
- Qualifying links
- A "qualifying link" means any type or format of link that is provided or authorized by Provider pursuant to an agreement to be displayed, distributed or placed on a web page and that is trackable through the addition and/or use of technology and/or methodology so that Provider or a Network Advertiser can track the printing, click-through and/or other trackable actions via the display, distribution and/or placement of the link. The term "qualifying link" also refers to any equivalent link, mechanism or technology that, when activated, achieves the same result as clicking on a qualifying link.
- The use of qualifying links. Each link used by the Partner must have the Provider Tracking Code in unmodified form in the manner and format provided by the Provider.
- Only valid references. The Partner places or uses Qualifying Links only with the intention of delivering the agreed Tracked Activities. Affiliate may not activate a Qualifying Link or increase the amount of Tracked Activities targeted or resulting, nor authorize any other person to do so, by Affiliate's use of any method or technology that does not actually direct the End User to the destination page associated with the Qualifying Link.
- Final and binding determination. All determinations by advertisers or streamboost as to whether a Tracked Activity results from a qualifying link are final and binding on you.
- No change, etc. to the qualifying links. Partner agrees that it will not modify, circumvent, damage, disable or otherwise interfere with tracking codes and/or other technologies and/or methods prescribed or provided by streamboost and/or the Network Advertiser for use with qualifying links so that they may be properly controlled by streamboost. Furthermore, the partner hereby declares that he does not have the right to create his own qualifying link unless this has been expressly permitted by the authorized network advertisers or streamboost, in which case the partner hereby declares that he will comply with the applicable contractual terms of the network advertisers or streamboost.
- Termination of qualifying links. The Partner or the respective Network Advertiser may also terminate qualifying links in connection with streamboost-tracked engagements. In the event of termination of the relevant agreements, Partner shall remove all Qualifying Links, including due to the termination or expiration of participation of a relevant Network Advertiser. If qualifying links are not removed accordingly, streamboost may also redirect the links in question at its sole discretion and decide to pay you compensation or not.
- No change of content. You may not modify, resize, reformat, edit or otherwise alter any content provided by the Network Advertiser unless specifically authorized by the Network Advertiser. In such a case, the changes are strictly limited to the specific approval of the Network Advertiser.
- Discontinuation of the use of the qualifying links. The Partner may stop using the qualifying links at any time by simply removing them from its channels.
- Only clicks or sales that are permitted are remunerated. Inadmissible clicks or sales are clicks or sales that are
- - with the help of automated programs of all kinds,
- - through click bots,
- - by paying sums of money or pretending false facts,
- - by deleting cookies,
- - if or clicks in a disproportionate amount come from the same IP address,
- - with unusual click-through rates relative to the average and historical number of viewers and followers of the partner's social video channel.
- streamboost decides exclusively and finally about the existence of an inadmissibility. Clicks or sales judged to be inadmissible will not be remunerated.
- The remunerated clicks or sales are determined exclusively and finally by streamboost. This also applies if the number of clicks or sales can be determined in parallel by third parties. The number of clicks or sales is calculated by the advertiser or streamboost with a proprietary technology or by using cookies for tracking. The partner commits himself to grant streamboost the corresponding rights.
- streamboost reserves the right to deny clicks or sales at any time and without giving reasons and not to remunerate them.
- 12 Settlement and payment
- If ad impressions, clicks and sales are generated in accordance with §§ 9,10,11, the Partner shall receive remuneration for this in accordance with §§ 7,8.
- The Partner can check his balance at any time on his personal dashboard or at email@example.com.
- From a balance of 10 euros, the partner can withdraw his balance.
- Upon request of the payout, the partner will be able to download a statement for the payment made on the streamboost platform. At the latest on the 14th day the payment of the invoice amount of streamboost, to the PayPal account of the participant deposited with the registration.
- In the event that the Partner is subject to German VAT, the payment will be made plus the statutory German VAT. The partner has to pay this sales tax. The partner is obliged to inform streamboost immediately about a change of the sales tax liability with a proof of the responsible tax office.
- 13 Warranty from streamboost
- streamboost guarantees its partners that they own all rights to the advertising content of streamboost's advertising customers necessary for the execution of the contract free of charge and without any territorial restrictions for the duration of the campaign or affiliate program. This includes in particular the right to publish the advertising content on their specified social video channel. For videos on demand that are recorded during the campaign, the aforementioned rights to the advertising content apply for an unlimited period of time.
- streamboost offers partners a booking and control system with the streamboost platform. This gives you detailed insights into the remunerated ad impressions, clicks and sales and the data collected by streamboost at any time.
- 14 Partner's responsibility and duty to cooperate
- The Partner must be the owner of the specified social video channel and be authorized to freely dispose of and market the specified advertising space.
- Before using the streamboost web plugin in his social video channel, the partner has to check and ensure on his own responsibility that the filter settings he has specified for the content of advertising banners and messages at www.streamboost.de, regardless of the legal system, do not violate the rights of third parties.
- The partner has to deactivate the streamboost web plugin immediately and has to inform streamboost by email if his channel is manipulated by viewer-,view/clickbots.
- The partner has to deactivate the streamboost-OBS-plugin immediately and to inform by e-mail to if he assumes to generate inadmissible ad-impressions.
- The partner has to deactivate the streamboost-OBS-Plugin immediately and to inform streamboost by email to if he assumes that streamboost's interests are violated by his activity or non-activity or streamboost suffers immaterial or material damage by his activity or non-activity.
- The Partner undertakes not to disseminate any content glorifying violence, war, eroticism, pornography, incitement to hatred, contempt for humanity, content objected to by the German Advertising Council or any other illegal content on its social video channel specified during registration or to refer to pages with such content via hyperlinks.
- The Partner shall identify the advertising content, the design and content of which do not directly result in a perception as such, as advertising material.
- The Partner is solely responsible for all content including linked content on his social video channel specified during registration, in particular for content of livestreams, published videos and statements made by him.
- 15 Granting of rights
- 16 Advertisements and conclusion of contract
- Via an advertiser account streamboost offers the possibility to set up/switch ads as well as create/connect affiliate programs. The following provisions shall apply to the initiation and conclusion of advertising contracts between streamboost and the respective customer (hereinafter referred to as advertiser).
- The advertiser is entitled to place ads or affiliate programs on the streamboost platform which serve the purpose of brokering advertising content to streamers. The advertising content can be distributed as advertisements from partners on Twitch.
- The advertiser can upload the ad through the designated interface and add a budget. The ad will be placed for an indefinite period of time, but no longer than until the budget is used up. Uploading constitutes an offer by the advertiser for an agreement with streamboost to place the ad.
- The agreement with streamboost on the placement of the advertisement is only concluded by an explicit acceptance by streamboost or the actual placement of the advertisement on the platform.
- streamboost's obligations according to §§ 9 to 12 of the E-Commerce Act are hereby expressly waived.
- The prices stated when the advertisement was created apply (excluding VAT). Invoicing shall take place immediately after the order has been placed and shall be sent or made available to the Advertiser by e-mail or by post or as a download. Therefore, the Advertiser gives its consent to the transmission of electronic invoices (§ 11 Abs 2 UStG) by e-mail. In the absence of any other agreement, the invoice is due immediately without deductions.
- The agreement to place the ad expires automatically as soon as the budget is used up (amounts to 0€), without any further declaration by the advertiser or streamboost being required.
- The user is obliged to check the advertisement for errors and/or inaccuracies immediately after it has been placed and to report any errors and/or inaccuracies to streamboost.
- The advertiser is solely responsible for the legality of his advertisement and indemnifies and holds streamboost harmless against any claims of third parties who claim to have their rights violated by the placement of an advertisement. streamboost reserves the right, but is not obliged, to check ads before they are placed. That is why there may be a delay of up to 72 hours (3 days). streamboost assumes no liability for any illegal content.
- streamboost is entitled, but not obliged, to optimize the content submitted by the advertiser for publication and, if necessary, to modify it. If the submitted content is not in accordance with the law, immoral or in contradiction to the basic rules of tolerance and polite behaviour, streamboost reserves the right to refuse the ad placement or publication of the affiliate program without replacement, to remove already placed ads or programs without replacement or to change the ad at its discretion in coordination with the advertiser.
- 17 Limitation of Liability and Indemnification of streamboost
- Claims for damages against streamboost, its managing directors, shareholders and employees are excluded, except in case of intentional or grossly negligent conduct or the violation of a material contractual obligation. The same shall apply insofar as compensation is demanded for indirect or consequential damages. Any liability is limited to the damage foreseeable at the time of conclusion of the contract and typical for such cases.
- The partner indemnifies streamboost, its directors, partners and employees from all claims of third parties against streamboost on first demand, as far as these claims result from a violation of third party rights, legal regulations or duties resulting from these GTC.
- The aforementioned obligations of the Partner shall not apply insofar as the Partner is not responsible for the infringement in question.
- Mandatory statutory provisions, such as liability for personal injury, shall remain unaffected by the above provisions.
- 18 Disclaimer
- The use of streamboost and the offered service is at your own risk. We provide our website and service on an "as is" and "as available" basis without warranty of any kind. The Website and the Service are provided without warranty of any kind.
- streamboost GmbH does not guarantee that:
- the service is uninterrupted, secure and available at all times and places,
- any errors or defects are eliminated immediately,
- the Service is free of computer viruses or other harmful content, or
- the results of using our services meet your requirements.
- 19 Data protection
- The partner is prohibited from collecting, processing or using any data and information that comes to his knowledge through the use of the streamboost platform. This does not apply to the anonymized collection, processing and use for the optimization and controlling of its advertising space.
- 20 Storage and amendments to these general terms and conditions
- 21 Validity, Final Provisions and Applicable Law
- Ineffective clauses shall not affect the remaining provisions.
- Should one of the contractual points be or become legally ineffective, it will be replaced by a legally effective formulation that comes closest to the economic sense of the legally ineffective one. The same shall apply to a gap in the contract.
- Deviations from these contract terms are only allowed if they are agreed upon in writing and explicitly confirmed by streamboost. This also applies to this written form clause.
- There are no other ancillary agreements to this contract.
- The non-uniform law of the Federal Republic of Germany shall apply exclusively. The place of jurisdiction is Darmstadt as far as permissible.
Do I have to register self-employment?
The following points are not to be considered legal texts, the bases are based on own research and inquiries of various tax advisors. We ask the reader to inform himself about this legal situation independently with a specialist.
- Not necessarily. Whether you need to declare self-employment for your earnings on Twitch depends on two factors: First, the amount of your revenue and second, whether you promote affiliates through streamboost. First of all, let's talk about affiliates: As long as you are not in an affiliate program of streamboost (i.e. you don't participate in the income of affiliate sales) you don't have to register as a self-employed person, because streaming alone is considered an artistic and freelance activity. The amount of revenue is another factor. If you are only streaming as a hobby, as described above, a business registration is usually not mandatory. An inquiry at the trade office can bring you certainty here. However, even without a business, don't forget to declare your income and expenses on your tax return, because concealment in this case would be tax evasion.
Do I need a broadcast license to be a streamer?
- It all depends. Surely you have noticed from the media that the channels of PietSmiet and Gronkh were classified as broadcasting by the Commission for Licensing and Supervision (ZAK) of the media institutions and should therefore acquire a corresponding license. After all, this costs between 1,000 and 10,000 euros. The reaction to this was that PietSmiet is now focusing their activities on Youtube again and Gronkh is fighting the outdated law with his lawyer. The final verdict has not yet been reached here, and so it is impossible to say how the legal situation will develop here in the next few years. What is certain, however, is that most streamers can continue to go about their day's work without any worries. The cases affected so far belong to the absolute elite among streamers, whose reach most channels will not come close to anytime soon.
Let's summarize the above points once again: The tax office decides whether you have to pay tax on your profits. In any case, you are obliged to mention it in your tax return. And if you find yourself in a situation where you regularly make a profit from your streaming activities, you should check with your city's trade office to see if you need to register a business.
The application for a broadcasting license is not necessary for the time being, but if you enter the spheres of Gronkh & co., the ZAK will contact you on its own. However, this does not affect most streamers anyway.
A commercial activity arises in addition to the intention to make a profit according to §15 para. 2 EStG also results from the fact that one is self-employed and responsible for one's own decisions, that the trade is sustainable and long-term oriented and that one trades with other companies, goods and services.