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For simplicity and assistance, the texts have been approximately translated into other languages with help of machine translation. Only the German terms, texts and Imprint are valid. Errors and omissions excepted.

Annex G: Agency work/publishing activities

(Version V104__20101128.doc)

The following regulations shall be deemed agreed fot the commissioning of GM as an agency/publisher:

Subject of the contract:
Advertising or public relations for the agreed media.

Licensing and pricing differentations for GM agency/publishing work on behalf of clients:

Definition standard: 

All rights for the standard works or parts thereof produced by GM are exclusively held by GM. GM will offer identical or similar products. The customer has no right to any protection whatsoever, with the exception of any customer imprint used (logo, address, etc.). Other definitions such as Premium, Exclusiv, Exclusiv+ require a separate written agreement and confirmation as part of the order confirmation.
Definition Premium (only if agreed in writing):
GM will - insofar as customer-specific parts are included - only offer this product to other customers as a complete 1:1 copy (completely identical pages, absolutely identical design, advertising statements with identical content in the case of advertisements) after consultation with the first customer. However, with the exception of any absolutely customer-specific pages/parts (e.g. cover pages with customer logo, images, customer-specific advertising statements), the work as a whole (idea, content, design, layout, etc.) is exclusively subject to GM's copyright. This means that GM may offer the work to any other customer for any other project in a similar presentation, with the same design and with insignificant differences (e.g. individual other pages/parts, in the case of advertisements other or similar advertising statements). In the case of brochures/catalogues/industry supplements, the customer has no right to protection beyond a possible customer-specific cover page.
Definition Exclusiv (only if agreed in writing):
If the Customer has contributed to/co-paid for the development of the content or design and "Exclusive" is expressly stated in the order confirmation with the corresponding specifications, GM will not reproduce or offer to others the product in question as a whole or in larger parts, such as entire chapters in exactly the same presentation. This expressly does not apply to components such as texts and images of the GM or basic elements such as register, table of contents, guide rails, guidance system and directories. The protection therefore only extends to a certain overall design in combination with a certain set of contents. The composition in combination with other designs or vice versa, on the other hand, can be used by the GM as desired. Content that is subject to the copyright of GM or is provided, GM will continue to use in any projects. All rights in this respect also remain with the GM
Definition Exklusiv + (only if agreed in writing):
as Exclusiv, but protection, such as territorial protection, can be agreed within the framework described in the order confirmation. The basic prerequisite for applicability is that "Exclusiv +" is expressly stated with the corresponding specifications in the order confirmation.

Protective rights of the GM (Standard, Premium, Exclusiv, -+):
The Customer undertakes to respect the intellectual property rights of GM and, in particular, not to suggest, either by presentation or by any trade mark affixed, that the product as a whole represents its own or that of another company or third party. Copyright notices of the GM are part of the contract and are not to be covered/stuck over. In particular, the disclosure of documents to third parties for their advertising requires the approval of GM. Approval is also required for any use in connection with intellectual property rights, such as trademarks of other parties.
For standard and premium advertising, GM may place its company logo/s on the customer ads in miniature form.

Protective right of the customer:
GM undertakes to comply with any unquestionable intellectual property rights of the Customer. This applies, for example, to logos, business names and registered property rights of the customer. In case of ambiguity regarding the legal situation, GM may request written assurances regarding the assumption of liability or refuse the use of texts, images, logos or the application of functionalities, as well as after the acceptance of the order. If the Customer insists on this, GM has an extraordinary right of withdrawal from any contracts.

Third party property rights:
General: In the case of GM works (such as catalogues, brochures, signs, labels, etc.) which use illustrations, variety names, trademarks and text descriptions of protected goods/varieties of third parties, the Customer warrants with the order to use these works only as descriptive and illustrated supplements for the sale of "regular original goods" which lawfully own all (property) rights and licences required for sale or trade. GM is authorised to contact the respective rights holders for all questions regarding property rights.
Supplements labels and tags: The customer shall comply with the protective measures specified by the breeder in each case, e.g. original breeder's label or licence label. The possible use of GM labels and tags has to be checked by the customer on the basis of his (licence) contracts. GM is entitled - unless other contractual conditions have been stipulated - to affix to its labels and tags notices such as "This plate/label does not replace the original breeder's label in the case of protected varieties and is only intended to convey additional information, prices and sales notes". By placing his goods on the market (which include, as an accessory, the labels and tags produced by GM on his behalf or supplied to him, in affixed or other form), the Customer assumes liability for all claims by third parties (in particular with regard to holders of intellectual property rights and trademarks) and indemnifies GM in all respects against liability in this respect.

The customer undertakes to maintain secrecy towards third parties and shall not disclose any conditions, plans, contractual arrangements or internal information to third parties. The Customer shall refrain from doing anything that reduces the value of GM, its products or services. The Customer shall comply with GM's property rights even after the end of the contract.

The Customer shall ensure that the material provided to GM does not infringe any third party rights (e.g. copyrights, personal rights or trademark rights). In the event of a dispute, the customer shall bear all costs in this respect for the subsequent procurement of licences/copyrights. The Customer shall compensate GM for all damage and work incurred by GM in connection with the improper use or non-observance of the terms and conditions herein. He shall indemnify GM against all third party claims to the maximum extent possible. GM may determine the choice of lawyers and the course of proceedings in the event of a dispute with a third party - even with the associated additional costs for the Customer. With regard to the overall liability, we refer to "Contents" and §10 of our General Terms and Conditions of Business and Delivery in the most current version.

Obligation of the customer:
The Customer shall, as a matter of principle, verify all its obligations vis-à-vis other right holders, including, but not limited to, representations in the context of trademarks, e.g. in images or text, and shall inform GM in advance of its obligations and the expected expenditure in this respect for consideration in the offer. Without express prior notice, GM is in no way obliged to make subsequent changes to the content or concept to its usual standard in text or image. Such additional expenditure is not included in the calculation and will be charged to the customer. The risk, e.g. of the destruction of printed products relating to the work carried out, shall be borne exclusively by the client in these cases. The customer is also liable for ensuring that GM's products or intellectual property rights are not used in abusive or misleading contexts.

Accidental use of client shares:
If GM uses customer-specific content (such as texts, images, etc. provided by the customer) by mistake in third-party projects, the customer agrees to compensation, e.g. the use of GM content of the same quantity or pro rata discounts in subsequent projects as a de-escalation strategy. Liability in this respect is limited to such equivalent value. In the event of rejection by the customer, the claim shall be forfeited.

Changes of the terms and conditions, the service description and the prices:
The customer will be notified in writing of any changes to the general terms and conditions and these supplementary terms and conditions, service descriptions and prices. The changes shall be deemed accepted if the customer does not demonstrably object in writing within 2 weeks after dispatch of the notification.

Legal form of the customer:
The customer expressly warrants that it is carrying on a trade.

Terms and conditions:
GM's services are based on the General Terms and Conditions and specific relevant annexes of GM, in particular annexes E/E1, F, G in their most recent version. Should "Annex G" contradict these in one or more points, the other points shall remain unaffected.

Ancillary agreements generally require the written form.