Creator Terms

Notice. These terms apply only to business operators. The version applicable at registration is authoritative.

Axel Springer Deutschland GmbH Axel-Springer-Straße 65, 10888 Berlin · HRB 196159 B, Charlottenburg District Court · VAT ID DE 214 852 390 · represented by Carolin Hulshoff Pol and John Matias Sanchez Luna Email: hallo@contentmarkt.net · Website: https://contentmarkt.net

These terms govern use of the ContentMarkt platform by Creators. The legal notice under § 5 DDG and privacy policy are separate documents available at https://contentmarkt.net. Data protection is not governed by these terms; refer to the separate privacy policy (see § 13).

Preamble

ContentMarkt conducts campaigns with brands (hereafter “Brands”) in its own name and engages Creators (hereafter “Creator” or “you”). Brands provide campaign briefs, source footage and requirements through the platform. Based on a campaign, Creators create short clips from provided or approved source footage and publish them on their own accounts on third-party platforms (in particular TikTok, YouTube and Instagram).

ContentMarkt does not itself host clips. ContentMarkt checks compliance with relevant requirements, validates achieved views using anti-fraud procedures and technically handles Creator remuneration through a licensed payment service provider. Only validated views are decisive for remuneration.

1. Scope, contracting parties and roles

(1) These terms apply to Creators' use of the ContentMarkt platform (hereafter “platform”). The Creator's contracting party for platform use, campaign-specific contracts and remuneration is Axel Springer Deutschland GmbH, Axel-Springer-Straße 65, 10888 Berlin (hereafter “ContentMarkt”, “we” or “us”).

(2) Formation of the platform-use contract. Registration requires the Creator to accept these terms in the version applicable at registration. Completing registration concludes the contract for platform use between the Creator and ContentMarkt (hereafter “platform-use contract”). No entitlement to activation or access to specific campaigns exists. The platform-use contract is free for the Creator.

(3) ContentMarkt conducts campaigns in its own name (principal model). Before submitting, the Creator can view the relevant campaign specification and remuneration parameters. The campaign-specific service and remuneration relationship between Creator and ContentMarkt arises upon effective video submission under paragraph 5. The relevant Brand is not a party to this relationship and, in particular, owes the Creator no remuneration.

(4) Personal remuneration parameters or caps displayed by ContentMarkt for a campaign specify the campaign-specific contract together with the campaign specification. Only the specification displayed before effective video submission governs content, remuneration and caps. ContentMarkt provides technical infrastructure, validates views and handles remuneration.

(5) Effective video submission. A submission is effective when made completely and on time within an open campaign through the designated feature with required details. Effective submission is not equivalent to subsequent content approval, view validation or payout; §§ 3, 7 and 8 apply in particular.

(6) B2B use. The platform is intended exclusively for Creators acting as business operators under § 14 BGB. By registering, the Creator confirms use exclusively for business or self-employed professional activity. ContentMarkt may request suitable evidence or information about that activity and restrict use until provided.

2. Registration, account and eligibility

(1) Platform use as a Creator requires registration and a user account (hereafter “account”). The Creator must provide truthful, complete and current information requested at registration and subsequently — including details required for B2B use and settlement — and promptly update changes.

(2) Registration is permitted only for people aged 18 or older with full capacity to enter into legal transactions. By registering, the Creator assures that these requirements are met.

(3) Age verification. ContentMarkt may verify adulthood and legal-capacity declarations beyond self-reporting, in particular during identity and account checks already required by the payment service provider (§ 7) and tax-data collection (§ 9). Where justified doubts about adulthood exist, ContentMarkt may defer payout pending clarification and request suitable evidence; legitimate interests in protecting minors remain unaffected.

(4) Only one account per person is allowed. Creating or operating multiple accounts is prohibited unless ContentMarkt expressly agrees in an individual case. Breaches follow the graduated sanctions under § 12(4) (primarily a notice and opportunity to remedy), unless misuse, deceptive intent or fraud (§ 8) exists.

(5) The account is non-transferable. The Creator keeps login credentials secret, protects them against third-party access and promptly informs ContentMarkt of indications of account misuse.

(6) Using or registering the account or platform through automated procedures (bots, scripts), forged identities, fake accounts or other people's or invented personal data is prohibited.

3. Process: campaign, clip, submission and verification

(1) Campaign. ContentMarkt provides campaigns based on the Brand's campaign specification. This describes in particular approved source and brand material, approved or required disclosures, permitted target platforms, any approved music/sounds, all remuneration-relevant thresholds (in particular deduplication time window, minimum watch duration, geographic target region and caps), and any campaign periods. Displayed CPM (amount per 1,000 validated views) or caps supplement the specification. Information applicable at effective video submission forms the Creator's authoritative campaign snapshot. Later changes apply only to videos effectively submitted in future; existing campaign-specific contracts remain unaffected.

(2) Clip and submission. Based on the campaign snapshot, the Creator creates a clip, publishes it on their own account on the relevant target platform and submits it to ContentMarkt through the platform. Only posts published after the campaign starts are eligible; ContentMarkt rejects a demonstrably earlier post with reasons. Effective submission concludes the campaign-specific contract described in § 1(3).

(3) Account connection as source of truth. For verification, the Creator connects their Instagram or TikTok accounts through each platform's authorised interface (OAuth). YouTube may be used for publication and submission where permitted as a target platform in the campaign snapshot; ContentMarkt offers no YouTube OAuth account connection. Metrics retrieved through authorised interfaces (in particular views, watch time and origin signals) determine qualified views (“source of truth”). The Creator ensures and maintains the required Instagram or TikTok connection so ContentMarkt can retrieve relevant metrics.

(4) Validated view. Only “validated views” (also “qualified views”) count towards remuneration. Subject to review under § 8, a view is validated if it meets all the following criteria, each defined in the campaign snapshot:

1. a)Deduplication: repeated views by the same user within the campaign snapshot's time window count only once;
2. b)Minimum watch time: the view reaches the campaign snapshot's minimum watch duration;
3. c)Bot filtering: under the anti-fraud procedures used, the view does not originate from automated, purchased or otherwise manipulated sources;
4. d)DACH geography: the view originates from the geographic target region defined in the campaign snapshot (default: Germany, Austria, Switzerland) unless the campaign states otherwise;
5. e)Caps: the view is within campaign-snapshot caps (for example per clip, Creator or campaign).

(5) Criteria and applicable thresholds are displayed to the Creator on the platform before effective video submission. No later unilateral change to remuneration-relevant thresholds for existing campaign-specific contracts takes place. ContentMarkt applies criteria transparently and documents them; the Creator can request review of verification under § 8.

4. Rights assurances and licence chain for submitted content

(1) The Creator assures that, when creating the clip, they exercise necessary and reasonable care to avoid infringing third-party rights (in particular copyright, neighbouring, trademark, personality and competition rights). This assurance is fault-based; the Creator assumes no guarantee independent of fault that the clip is free of third-party rights.

(2) The Creator uses only brand, source and other material expressly approved in the campaign snapshot, their own material or material for which they can prove necessary rights for the specific use. Provided brand and source material may be used exclusively to create the clip within the relevant campaign.

(3) The Creator retains all rights to the clip. They grant ContentMarkt only a non-exclusive, non-transferable usage right that is not freely sublicensable, to the extent technically necessary to conduct the specific campaign, review and assign the submission, verify publication and views, settle remuneration and fulfil statutory evidence and defence purposes. This right is limited to its purpose and the duration necessary for it.

(4) Neither these terms nor the campaign specification grants the relevant Brand usage rights to the finished clip. It may view the publicly published clip and associated campaign data only as necessary to conduct, review and settle the campaign. Without a separate written agreement with the Creator and ContentMarkt, the following are particularly prohibited: storing, downloading, reposting or otherwise publishing the clip, editing it, using it on websites, shops or own social channels, paid usage, boosting, whitelisting, Spark Ads, transfer or sublicensing to third parties, and using the clip or derived data to train, test or improve AI systems.

(5) Any broader grant of rights is effective only if its scope, duration, territory, permitted uses and additional remuneration are clearly defined in advance in a separate written agreement.

(6) Paragraphs (1) to (5) apply without prejudice to the specific music and audio provisions in § 5.

5. Music and audio

(1) In clips, the Creator may use only music, sounds, audio recordings or other audio material that

1. a)is expressly approved in the relevant campaign, or
2. b)the Creator can prove they hold the required rights for the target medium and commercial or advertising use.

(2) The Creator understands that platform-provided sounds (for example TikTok, Instagram or YouTube sound features) are generally licensed only for non-commercial use on the relevant platform and create no rights for advertising, other platforms or reuse by the brand. Such sounds may therefore be used only where expressly approved in the campaign.

(3) The Creator indemnifies ContentMarkt and the relevant brand against all third-party claims based on a culpable breach of paragraphs (1) and (2) (§ 257 BGB). § 10 (indemnification) additionally applies, in particular for contributory fault.

(4) For clarity, the relevant legal bases are: §§ 15 et seq., 73 et seq., 85 UrhG (copyright and neighbouring rights), collecting-society rights (in particular GEMA) and § 257 BGB.

6. Advertising disclosure

(1) Clips created and published for a campaign are commercial communication. The Creator must clearly disclose the clip's advertising nature in accordance with law.

(2) Disclosure must be in German and clearly visible, in particular using “Werbung” or “Anzeige” at the beginning or in a prominent position in the clip or publication (§ 5a(4) UWG; § 22 MStV; § 6 DDG). Using only “#ad” or foreign-language notices is not sufficient for channels directed at German-speaking audiences.

(3) ContentMarkt may technically specify or enforce advertising disclosure in the product (for example through mandatory fields, templates or review steps). Such technical requirements do not release the Creator from their own responsibility for legally compliant disclosure in each case.

(4) The Creator is independently responsible for proper advertising disclosure. They understand that missing or insufficient disclosure may create their own joint liability risk (in particular under competition and media law). § 10 (indemnification) remains unaffected.

7. Remuneration, payouts and hold

(1) Remuneration. For a clip published within an effective video submission, the Creator receives remuneration from ContentMarkt based on validated views (§ 3(4)) at the CPM defined in the campaign snapshot (amount per 1,000 validated views). Only validated views determined under §§ 3 and 8 within campaign-snapshot caps are authoritative.

(2) Hold window. The qualified-view count relevant to remuneration is collected at specific times (“measurement point”). Before payout, each measurement point has a review and holding period (“hold”) of 72 hours from recording. The count determined at recording is authoritative. Within the hold window, ContentMarkt may contest a measurement point under anti-fraud review (§ 8); a contested point is excluded entirely and not remunerated. A subsequent decrease in the target platform's reported count does not reduce qualified views already recorded.

(3) Payout schedule and grouping. Payable remuneration is paid regularly, currently monthly, grouped per Creator and campaign. No minimum payout amount applies. Creators without an active payout account remain entitled to payout until successfully establishing one; their remuneration is not paid until then.

(4) Payment processing. Payout takes place through a licensed payment service provider (currently Stripe Connect). After the hold window, subject to tax cooperation and a functioning payout account, remuneration becomes payable under paragraph 3. The Creator's remuneration and payout claim against ContentMarkt does not depend on whether or when a Brand pays a ContentMarkt invoice. The provider's own terms may apply to its use, requiring separate Creator consent where applicable.

(5) Self-billing procedure. Creator remuneration is settled through self-billed invoices (§ 14(2) UStG). ContentMarkt receives the Creator's service. The invoice is therefore issued in ContentMarkt's name and for its account as service recipient and technically processed by ContentMarkt or its payment service provider. The Creator consents to self-billing of remuneration (§ 14(2) UStG) and must object promptly to an invoice if its content is incorrect.

(6) VAT status. At registration and on request, the Creator states whether they use the small-business exemption under § 19 UStG or are subject to VAT, and provides a VAT ID where applicable. The Creator is responsible for accurate statements and their own tax obligations and keeps changes current. Tax-cooperation provisions under § 9 remain unaffected.

8. Anti-fraud, reductions and recovery (clawback)

(1) To protect Brands and platform integrity, ContentMarkt uses anti-fraud procedures to check whether views qualify (§ 3(4)). If review shows that views are manipulated, dishonestly obtained or otherwise unqualified (hereafter “fraudulent views”), those views may be excluded from remuneration, remuneration portions already earmarked may be reduced, or amounts already paid may be reclaimed.

(2) A reduction or recovery is fault-based and requires the views concerned to result from culpable conduct attributable to the Creator (in particular a breach of these terms, the campaign or § 2). It is limited exclusively to fraudulent views and their remuneration portions. Forfeiture or recovery of legitimately earned remuneration as well (total forfeiture) does not occur.

(3) Calculating reductions/recovery. Reductions or recovery are calculated proportionately: the number of views found fraudulent is multiplied by the CPM defined for that commission in the campaign snapshot. Legitimately achieved validated views remain fully remunerated. Assignment and calculation are transparently disclosed to the Creator (paragraph 5).

(4) Sanctions are graduated and proportionate. Depending on severity and repetition, they may include in particular a notice and recheck, exclusion of affected views, reduction or recovery of remuneration attributable to fraudulent views, temporary restrictions and, in serious or repeated cases, suspension or termination under § 12.

(5) Provisional automated results, documentation and disclosure. Automated or rule-based review results are initially provisional. Before ContentMarkt bases a reduction, recovery, final rejection, payout hold or comparable adverse measure on such a result, the Creator receives a clear explanation identifying affected views or the submission and the escalation process under paragraph 6. ContentMarkt bears the burden of establishing and proving fraudulent views. Verification evidence is generally retained for three years from final settlement or resolution of the dispute, unless statutory retention or deletion obligations require another period.

(6) Escalation and human review. Within 14 days of receiving a reasoned notification, the Creator may escalate a provisional result or measure under this section through the stated route or by email to hallo@contentmarkt.net. On escalation, a natural person reviews the decision before final implementation and communicates a reasoned outcome. Without escalation within that period, ContentMarkt may use the provisional result as a decision basis, considering the communicated reasons. The Creator's statutory rights remain unaffected.

9. Tax cooperation (DAC7 / PStTG)

(1) As digital platform operator under Germany's Platform Tax Transparency Act (PStTG, implementing DAC7), ContentMarkt must collect, verify and report certain Creator data to Germany's Federal Central Tax Office (BZSt). Creator clipping services constitute a relevant activity in the form of a personal service (§ 5(1), sentence 1, no. 2 PStTG). No de minimis or exemption threshold applies.

(2) The Creator must accurately and completely provide and keep current the information ContentMarkt needs to fulfil reporting obligations, in particular:

1. a)first and last name or company name;
2. b)address;
3. c)date of birth (natural persons);
4. d)tax identification number and issuing member state, VAT ID where applicable;
5. e)member state(s) of tax residence;
6. f)the IBAN or account identifier used for payout.

(3) If the Creator fails to cooperate despite two reminders, ContentMarkt must by law suspend the account or withhold remuneration payouts until required information is provided. Withholding or suspension occurs no earlier than 60 and no later than 180 days after the first request (§ 23 PStTG).

(4) Clarification and reservation. Withholding or suspension under the statutory conditions (§ 23 PStTG) and this § 9 (in particular two reminders and paragraph 3 deadlines) constitutes no contractual breach by ContentMarkt. Withheld remuneration is paid after required information is supplied. Further statutory Creator claims, in particular for incorrect implementation or implementation for which ContentMarkt is responsible (for example suspension despite complete data, without required reminders or before the 60-day period), and liability under § 11 remain unaffected. Reporting to BZSt occurs on time by 31 January of the year following the reporting period.

10. Indemnification

(1) The Creator indemnifies ContentMarkt and, where provided in the relevant campaign or these terms, the relevant Brand against all justified third-party claims asserted against ContentMarkt or the Brand due to a culpable infringement of third-party rights or breach of statutory duties by the Creator (in particular under §§ 4, 5, 6) relating to a submitted clip (§ 257 BGB).

(2) Indemnification covers necessary and reasonable costs of appropriate legal defence. Costs of pursuing or defending claims are reimbursed under German law, in particular statutory RVG fees. Blanket assumption of lawyers' fees following foreign models (such as “attorneys' fees”) is not owed.

(3) Contributory fault by ContentMarkt or the Brand is appropriately considered under § 254 BGB; indemnification decreases accordingly, particularly where the claim rests on their own causal contribution (for example an incorrect campaign or approval).

(4) ContentMarkt or the Brand promptly informs the Creator of a claim, allows them to respond and makes no admissions or settlements without prior consultation with the Creator where reasonable and legally possible.

11. Liability

(1) ContentMarkt has unlimited liability

1. a)for damage from injury to life, body or health based on an intentional or negligent breach by ContentMarkt, its legal representatives or performance agents;
2. b)for other damage based on intentional or grossly negligent breaches by ContentMarkt, its legal representatives or performance agents;
3. c)under the Product Liability Act (ProdHaftG) and within any guarantee assumed by ContentMarkt.

(2) For an ordinarily negligent breach of a material contractual duty (cardinal duty) — a duty enabling proper contract performance and on whose observance the Creator may regularly rely — ContentMarkt's liability is limited to foreseeable damage typical of the contract. Material duties include in particular proper view verification and remuneration calculation within its own responsibility.

(3) Otherwise, ContentMarkt's liability for ordinary negligence is excluded.

(4) Liability for one's own intent is never excluded or limited (§ 276(3) BGB). These limits do not apply where mandatory statutory provisions prevent them.

(5) Where ContentMarkt's liability is excluded or limited, this also applies to personal liability of its legal representatives, employees and performance agents.

(6) ContentMarkt is not liable for the accuracy, completeness or lawfulness of campaign briefs, source footage or other requirements provided by the Brand, or circumstances outside its responsibility, in particular target-platform availability, counting methods or decisions (TikTok, YouTube, Instagram), or those of the payment service provider. This exclusion covers only external circumstances beyond ContentMarkt's influence; its own proper verification and remuneration calculation remain subject to paragraphs (1) and (2) and are not limited by this paragraph.

12. Suspension, termination and complaints

(1) Either party may terminate the platform-use relationship ordinarily at any time with 14 days' notice. Campaign-specific contracts already concluded through effective video submission do not prevent termination, but are settled under § 7 and paragraph 8. Extraordinary termination for good cause remains unaffected.

(2) ContentMarkt may temporarily restrict or suspend the Creator account or terminate the use relationship, in particular for

1. a)serious or repeated breaches of these terms, a campaign or statutory provisions;
2. b)breaches of § 2 (in particular fake/bot/multiple accounts or false information);
3. c)manipulated or fraudulent views (§ 8);
4. d)unlawful clip content;
5. e)missing tax cooperation under § 9(3).

(3) Request to remove a published clip. ContentMarkt may ask the Creator to remove a clip on their own account where specific indications exist of a material campaign-specification breach, missing required advertising disclosure, a legal or platform-rule breach, unapproved audio or specifically evidenced brand-safety harm. The request states reasons and a deadline, generally 24 hours; for acutely unlawful or dangerous content, at most 6 hours. ContentMarkt can only request removal and has no technical access to delete a clip from the Creator's account itself.

(4) Measures under paragraph (2) and requests under paragraph (3) are proportionate and graduated. Unless immediate action is justified (for example serious legal violations or acutely unlawful content), ContentMarkt primarily notifies the Creator of the breach and allows a remedy. This applies particularly to mere, inconsequential one-account-rule breaches (§ 2(4)) without misuse or fraud.

(5) Suspension, termination or a paragraph (3) request and its reasons are communicated and explained to the Creator on a durable medium.

(6) Complaint/appeal route. The Creator has an internal complaint procedure against suspension, termination, paragraph (3) requests and comparable measures. They may contest a measure within 14 days through the notified route or by email to hallo@contentmarkt.net. On escalation, ContentMarkt ensures review by a natural person and communicates a reasoned outcome. An appeal against a time-limited removal obligation under paragraph (3) does not suspend its deadline unless ContentMarkt expressly states otherwise. Further statutory Creator rights remain unaffected.

(7) Business Creators (P2B). Where Regulation (EU) 2019/1150 (P2B Regulation) applies, its mandatory requirements additionally apply. Termination reasons are provided on a durable medium and, where required by law, 30 days' notice is observed; this advance period is waived for legal violations, repeated breaches or a statutory obligation requiring immediate action.

(8) On termination, already earned qualified remuneration unaffected by § 8 is settled and paid under § 7 unless statutory withholding (§ 9) prevents this.

13. Data protection

(1) ContentMarkt processes Creator personal data under applicable data-protection law (in particular GDPR, BDSG). Details of processing, legal bases, retention periods, recipients (including the payment service provider and BZSt) and data-subject rights are in the separate privacy policy, available at https://contentmarkt.net/datenschutz.

(2) Data protection is not governed by these terms. The privacy policy is not a contractual term and requires no separate consent; it provides information under Articles 13 and 14 GDPR.

14. Changes to these terms

(1) ContentMarkt may change these terms for the future where necessary to adapt to changed legal or technical conditions, close a gap in the provisions or expand services, without unreasonably disadvantaging the Creator.

(2) Intended changes are announced and communicated on a durable medium (for example by email to the stored address) at least 15 days before planned effect (see Article 3 P2B Regulation). The announcement to the Creator identifies planned changes, effective time, the Creator's objection or consent rights, the meaning of silence and termination rights under paragraph (5).

(3) Deemed consent only for non-disadvantageous changes. Changes exclusively involving adjustments that do not disadvantage the Creator, in particular clarifying, editorial or legally required adjustments, are deemed accepted if the Creator does not object before the announced effective time. The announcement expressly and clearly states that silence constitutes consent and its consequences.

(4) Express consent otherwise. All other changes, particularly those potentially disadvantaging the Creator or concerning main performance obligations or remuneration, require the Creator's express consent. Deemed consent under paragraph (3) does not apply. Without consent, the use relationship continues on previous terms unless ContentMarkt terminates under paragraph (5).

(5) Termination right. The Creator may terminate the platform-use relationship without notice because of an announced change before it takes effect. If the Creator objects under paragraph (3) or refuses necessary consent under paragraph (4), either party may terminate under § 12. Already earned qualified remuneration is settled and paid under § 7.

15. Final provisions

(1) Governing law. German law applies, excluding the UN Convention on Contracts for the International Sale of Goods.

(2) Jurisdiction. If the Creator is a merchant, legal entity under public law or special fund under public law, exclusive jurisdiction for disputes from this contractual relationship is ContentMarkt's registered office.

(3) Notice-and-action procedure. Reports of potentially unlawful content may be sent to hallo@contentmarkt.net under the procedure published on the platform. Internal complaints against ContentMarkt decisions are available under §§ 12 and 8. Details, including the free appeal period, are on the “Terms of Service / Allgemeine Geschäftsbedingungen” page.

(4) Severability. If individual provisions are or become wholly or partly invalid or unenforceable, remaining provisions stay effective. Statutory provisions replace invalid or unenforceable provisions.

(5) Relationship with campaign snapshots. A specific commission's campaign snapshot may contain only provisions specifying matters without disadvantaging the Creator (in particular remuneration rate, approved brand and source footage, approved music/sounds, remuneration thresholds and caps, and periods). Such specifications take precedence as more specific rules. Snapshot provisions disadvantaging the Creator contrary to these terms or mandatory law are invalid; in that respect and otherwise, these terms remain prevailing and authoritative.

End of Creator Terms.