Terms of Use for the idealo Badge
Updated: 29 May 2024
The idealo Badge (hereinafter: "Badge”) is available for download in the idealo Business Centre.
idealo internet GmbH (hereinafter: "idealo") provides the Badge to Contractual Partners who have registered for the Merchant area of idealo Business. The Badge serves the sole purpose of being presented on the Contractual Partner's website and is intended to strengthen the brand presence of idealo and the Contractual Partner in the online retail sector and to create economic advantages for both Contractual Partner and idealo.
idealo grants the Contractual Partner a non-exclusive, non-transferable, revocable licence, limited in time to the duration of the Contractual Partner's contractual cooperation with idealo, to use the Badge provided in the Merchant area in accordance with these Terms of Use for the purpose of publication under the URL of the Contractual Partner's online shop, to which idealo links accordingly in the context of listing the Contractual Partner's offers.
The download and use of the Badge are subject to the following conditions:
1. The Contractual Party declares that it has full legal authority to accept these Terms of Use.
2. The Contractual Partner is not authorised to change the Badge provided as HTML code or to use it in any form that deviates from that provided. In particular, the Contractual Partner is not authorised to make graphical changes. In this way, the size ratios and proportions must be maintained with regard to both the length to width ratio and the ratio and spacing between the letters. It must also be ensured that the colour and font are not changed, distorted, made illegible or partially or completely covered by other symbols or characters. The Badge must always be used horizontally. The Contractual Partner must also link the Badge directly to the idealo website specified by idealo by means of HTML links integrated into the source code of the Contractual Partner's website and include the alt text specified by idealo.
If the Contractual Party deviates from the form provided by idealo when using the Badge provided by idealo, the selected form of use is not considered a permissible form of use within the meaning of these Terms of Use even if the deviations do not change the distinctive nature of the Badge. The Contractual Partner may not use any version of the Badge which it receives from a source other than the Merchant Area of idealo Business.
3. The Contractual Partner may only use the Badge provided in the Merchant area of idealo to identify its commercial business activities in the upper area (header) or in the lower area (footer) of websites or online shops with URLs to which idealo links within the framework of a corresponding contractual cooperation with the Contractual Partner for the purpose of listing the Contractual Partner's offers. Placement of the Merchant Bage on websites or online shops other than those defined above, including outside the footer or header, is not permitted. In particular, the Contractual Partner may not use the Badge for its own products and/or services or on its invoices, other business documents or other marketing materials.
4. The Contractual Partner must use the Badge in such a way that the good reputation and standing of the idealo brand and its Badge is preserved. In particular, the Contractual Partner may not use the Badge in a manner which, in the sole judgement of idealo, is misleading, damaging to reputation, defamatory, libellous, disparaging or obscene or otherwise classified as offensive by idealo.
5. The Contractual Partner may not use the Badge in any way that could give the impression that the Contractual Partner is a company affiliated with idealo within the meaning of Sections 15 et seq. of the German Stock Corporation Act (Aktiengesetz).
6. These Terms of Use do not constitute a transfer of copyrights, trademark rights or other intellectual property rights from idealo to the Contractual Partner. All rights, titles and interests in the Badge as well as all associated copyrights and trademark rights remain exclusively with idealo. Neither the Contractual Party – with the exception of the rights of use described in these Terms of Use - nor a third party associated with the Contractual Party or any other third party acquire any other rights to the Badge through using the Badge. In particular, the Contractual Partner is prohibited from using the Badge as a company logo or work title in its favour or in favour of a third party associated with the Contractual Partner or any other third party.
7. idealo accepts no liability for direct or indirect damages incurred by the Contractual Partner through the use of the Badge. In particular this includes loss of profit, business interruption, loss of business information or data and loss of business opportunities. The Contractual Partner also undertakes to indemnify idealo internally against any third-party liability claims resulting from a breach of these Terms of Use by the Contractual Partner.
8. The Contractual Partner will make all necessary efforts - in particular IT security measures - to maintain and defend the protection and original function of the Badge. If the Contractual Partner becomes aware that an unauthorised third party is using the Badge, the Contractual Partner will inform idealo of this immediately and will - in consultation with idealo - take measures itself to prevent the unauthorised use of the Badge by a third party.
9. idealo reserves the right to demand of the Contractual Partner that the Badge be removed from its websites at any time. This can be done by written notification to the Contractual Partner, whereby transmission via email is considered sufficient. The Contractual Partner undertakes to comply with the request to remove the Badge within 48 hours of receipt of the notification and to confirm the complete removal to idealo in writing (email is sufficient) within 7 days. The Contractual Partner may not continue to use the Badge either directly or indirectly after the end of its use. Any future use of the Badge after termination of the licence requires renewed written permission from idealo.
10. idealo may regularly audit the Contractual Partner's websites to check compliance with the use of the Badge. If the audit reveals non-compliance with the requirements of these Terms of Use by the Contractual Partner, the Contractual Partner must be informed of this non-compliance. In this case, the Contractual Partner must immediately cease using the Badge until the requirements of these Terms of Use are once again fulfilled by the Contractual Partner. The Contractual Partner shall actively provide idealo with all documents and information available to it and required for the audit in good time and in full. The Contractual Partner shall also provide idealo with appropriate support in the performance of the audit.
11. These Terms of Use may be transferred to any legal successors of the Contractual Partner. In doing so, the Contractual Partner undertakes to impose the obligations arising from these Terms of Use on any legal successors, including a corresponding obligation to transfer them.
12. German law shall apply exclusively. Amendments and additions to these Terms of Use must be made in text form to be effective. This also applies to the above text form clause. Berlin is agreed as the exclusive place of jurisdiction for claims in connection with the implementation of this contractual relationship.