Terms of participation for the testing and evaluation of erotic lifestyle products
The organizer of the test is WOW Tech Europe GmbH, Friedenstrasse 91A, 10249 Berlin, Germany. (hereafter: WOW Tech).The participation in and implementation of the test are subject to the following provisions.
1 Subject matter
1.1 The subject matter of these provisions is the participation of the Tester in the “tester program” of WOW Tech. As part of this program, the Tester tests and evaluates specific erotic lifestyle items (hereafter: “testing”). These items involve erotic lifestyle products from WOW Tech's current and future product range (including prototypes of such items) as well as erotic lifestyle products from rival companies (hereafter: “products”).
1.2 In return for testing and rating the erotic lifestyle items, the tester may keep the items and / or receive monetary compensation. The nature of the compensation and the amount of any monetary compensation given shall be determined by WOW Tech at its sole discretion and in consideration of the actual cost of testing.
2 Selecting testers
2.1 WOW Tech selects the Tester from a tester card file and normally inquires about their availability by email. Whether and for which product WOW Tech asks the Tester is at the discretion of WOW Tech. The Tester is not entitled to participate in a specific testing.
2.2 The Tester declares within a deadline to be determined by WOW Tech whether or not they would like to participate in the testing. The declaration must be submitted to WOW Tech by email.
3 Guaranteed services
3.1 If the Tester confirms their participation in the testing as per Item 2.2, WOW Tech will send them the product to be tested by post. The instruction manual will be sent by email.
3.2 The Tester is required to perform the following services by a date to be determined by WOW Tech:
- Test the product in accordance with the instruction manual
- Answer the questionnaire in a complete and timely manner
3.3 The questionnaire is answered via a link sent to the tester by WOW Tech (QuestionPro). It is possible to answer the questionnaire anonymously. In such cases there is no way for us to assign the questionnaire to a specific person.
3.4 If the Tester does not answer the questionnaire or only answers it incompletely and fails to fulfill their contractual obligation again after being requested to do so by WOW Tech, a reasonable contractual penalty determined by WOW Tech shall be imposed, the adequacy of which may be reviewed by a competent court in case of dispute. The contractual penalty is normally based on the price of the tested product in question. For prototypes, the penalty is usually € 100. The penalty may be levied in addition to contract fulfillment. Compensation claims, from which the contractual penalty is deducted, shall remain unaffected. The penalty shall not be levied if the tester is not responsible for the contract violation. In the event of wilful misconduct by the Tester, the objection of continuation of offence shall be excluded.
4 Consent to the processing of special categories of personal data
4.1 The questionnaire also includes information on specific categories of personal data such as health, sex life and sexual orientation. To process these data, WOW Tech requires the consent of the Tester. By participating in the “tester program”, the Tester gives their explicit consent to processing these data for the purpose of conducting the “tester program”.
4.2 Consent may be revoked at any time and without cause. Revocation shall result in the termination of this agreement. The revocation of consent shall not affect the legality of the data processing performed under consent until revocation.
5 Exclusion of liability
WOW Tech is liable, for whatever legal reason, according to the following conditions:
5.1 Unlimited liability exists for, (i) intentional or grossly negligent cause of damage, (ii) injury to life, limb or health, (iii) the provisions of the Product Liability Act and (iv) the extent of an accepted warranty.
5.2 In the event of a slightly negligent violation of an obligation that is essential for the completion of the test and whose fulfillment the tester can trust and is allowed to trust (cardinal obligation), liability shall be limited to the typical amount foreseeable for the provision of the contractual service.
5.3 There is no liability on the part of WOW Tech that extends beyond the liability described under Items 5.1 and 5.2. The above provisions shall also apply in the case of a breach of obligation by vicarious agents.
6 Intellectual property
6.1 All intellectual property rights to the products and prototypes of WOW Tech, including copyrights, trademarks and other identifying marks, patents, utility models, designs and expertise, to the extent available, are owned by WOW Tech.
6.2 WOW Tech may use the feedback provided by the Tester to develop and improve their products and prototypes.
6.3 The Tester agrees to not register or obtain any property rights related to the products and prototypes of WOW Tech without the prior written consent of WOW Tech.
7 Confidentiality agreement
The Tester shall not communicate or disclose any business and trade secrets acquired from WOW Tech to third parties during the term of the contract or after its termination. Business or trade secrets refer to any information which the Tester must assume or know that WOW Tech wishes to remain confidential, e.g. facts which may be important to competitors or contract partners of WOW Tech, especially product ideas.
Either party may terminate this agreement in writing (e.g. by email) without notice and with immediate effect.
9 Final provisions
9.1 These terms and conditions supersede any and all prior written and verbal contract agreements relating to the object of participation. Verbal ancillary agreements to these terms and conditions do not exist.
9.2 The invalidity of one or more provisions of these conditions of participation shall not affect the validity of the remaining provisions. The parties shall undertake to replace the invalid provision with a valid provision that best reflects the economic purpose of the other provisions. The same shall apply to any gaps or loopholes found in these terms and conditions.
9.3 This agreement is subject to the law of the Federal Republic of Germany. Place of performance and exclusive place of jurisdiction is Berlin.