Marketer Terms & Conditions

Digital Echo S.r.l. is the owner and operator of a web platform accessible at the https://digitalecho.app address called Digital Echo (hereinafter the “Platform”) through which professional owners of websites or online publishers, or their representatives and/or agents (hereinafter “Publishers”), are put in contact with advertisers, or their representatives and/or agents (hereinafter “Marketers”), interested in publishing their own content on editorial and/or promotional spaces made available by Publisher within the aforementioned websites or online publications.

These General Terms and Conditions govern the remote purchase of the services offered by Digital Echo S.r.l. through the Platform and regulate the terms and conditions for its use.

Art. 1 – Definitions and Scope of Application

1.1 For the purposes of these General Terms and Conditions, the following definitions shall be understood (without distinction between use in the singular or plural):

“Brief”: the set of materials and/or indications on the content to be developed, i.e. the draft of the content to be published through one or more Publications, sent by the Marketer to the Publisher through the Platform after the purchase of the Publication;
“Contract”: the contract consisting of the Registration Form and the General Terms and Conditions, concerning the use of the Platform and the provision of the Services, within the framework of an organised regime of sale or provision of services at a distance without the simultaneous physical presence of the Supplier and the customer, through the exclusive use of one or more means of distance communication until the conclusion of the contract, including the conclusion of the contract itself; this definition also includes those of “contract of sale” – i.e. any contract under which the Supplier transfers or undertakes to transfer ownership of goods to the customer and the customer pays or undertakes to pay the price thereof, including contracts concerning both goods and services – and “contract of services”, i.e. any contract other than a sales contract under which the Supplier provides or undertakes to provide a service to the customer and the customer pays or undertakes to pay the price, provided that they are concluded at a distance;
“Dashboard”: control panel that allows the Marketer to manage the visibility of its Properties and Publications on the Platform, managing notices/notifications, indicating the time taken to write content, rates and related options, consulting the sales orders, updating the information provided at the time of registration, using the Services, in the ways and according to the technical means that the Supplier deems most appropriate;
“Distance Communication Technique”: any means which, without the simultaneous physical presence of the contracting parties, may be used for the conclusion of the contract between them, including the Website;
“General Conditions”: these general terms and conditions of sale and use of the Digital Echo Platform are always accessible through the https://digitalecho.app website;
“Marketer”: a company or professional registered on the Platform, or its representative and/or agent, who is interested in purchasing one or more Publications for the publication of its editorial, editorial and/or promotional content;
“Parties”: collectively, Digital Echo S.r.l. and the Marketer;
“Platform”: the Digital Echo platform accessible at the address https://digitalecho.app through which Publishers and Marketers are put in contact for the purchase and sale of Publications and for the subsequent processing and publication of content related to the Brief;
“Property”: editorial brands, websites, online publications, social channels, newsletters and in general any other means of dissemination owned by the Publisher;
“Publication”: editorial and/or promotional spaces within a specific Property that the Publisher offers for sale on the Platform, indicating all the specifications, such as editorial context, price, processing times of the Brief, additional services, etc.;
“Publisher”: a company or professional, owner of one or more Properties, or its representative and/or agent, registered on the Platform, who entrusts the same with the offer for sale to the Marketers registered on the Platform of its Publications;
“Registration Form”: form for the Marketer’s request for registration on the Platform and the provision of the Services, accessible through the Platform or any other websites of the Supplier or delivered to the Marketer through any other channel and form;
“Services”: the services provided by the Supplier to the Marketer through the Platform, as listed and described in detail on the Website;
“Supplier”: Digital Echo S.r.l., with registered office in Viale Premuda, 46, – 20148 – Milan (MI) – Italy, VAT number 13626760964, registered under no. MI-2734696 of the Register of Companies at the Chamber of Commerce of Milan Monza Brianza Lodi, or any intermediaries, licensees, distributors, resellers, authorized franchisees or any other authorized natural or legal person who identifies the Services with the trademarks or other authorized distinctive signs of Digital Echo S.r.l. or with trademarks or other distinctive signs of which Digital Echo S.r.l. is a licensee as an authorized reseller and/or distributor;
“Website”: the website https://digitalecho.app owned by the Supplier, or other websites owned by it or attributable to it, where it is possible to enter into a Contract and within which the General Terms and Conditions are published, as well as the description of the Services and the related costs.

1.2 These General Terms and Conditions also apply without exception to any purchase made by the Marketer of other products and/or services made available by the Supplier, other than the Services and the Platform, made individually or cumulatively, including through special offers or packages, by any means, including through any agents or representatives and/or other third parties operating on behalf of the Supplier.

1.3 The Supplier reserves the right to modify and/or supplement these General Terms and Conditions at any time, by notifying the Marketer and on the relevant page of its Website. The amended and/or supplemented General Conditions will apply exclusively with reference to Distance Contracts concluded after such amendments and/or additions.

Art. 2 – Object

2.1 These General Terms and Conditions govern the Contract stipulated by means of distance communication techniques (including online, through the Website) between the Supplier and the Marketer and concerning the use of the Platform and the provision of the Services.

2.2 The Contract consists of the Registration Form sent by the Marketer to the Supplier, the General Terms and Conditions in force at the time the Registration Form is submitted, as well as any policies for the use of the Platform adopted by the Supplier and published within the Platform or on the Website.

2.3 The Contract concluded via the Website is concluded when the Supplier has sent the Marketer the acceptance e-mail.

Art. 3 – Information for the Conclusion of the Contract

3.1 In compliance with the provisions of Legislative Decree 70/2003 and in accordance with EU Regulation 2065/2022 (Digital Service Act), where applicable, the Supplier provides the following information:

in relation to the various technical steps to be followed for the conclusion of the contract, on the Website it is possible to follow a guided procedure that at any time allows the Marketer to verify and then validate each information entered and to correct errors before submitting the Registration Form and until the conclusion of the Contract;
with reference to the way in which the Contract, once concluded, will be archived and the relative methods of access by the Marketer, the Marketer will receive an e-mail summarizing the contract thus concluded to the e-mail address indicated in the Registration Form;
with reference to the technical means made available to the Marketer to identify and correct errors in data entry before placing the order, the system for concluding the Contract on the Website requires confirmation of the correctness of the data entered and automatically reports any errors deriving from the failure to indicate mandatory data in the various fields of the online order;
in addition to Italian, there are other languages available to conclude the contract, which the Marketer can select from the Website;
with reference to the indication of the dispute resolution means, see the following art. 16;
the General Terms and Conditions are published on the https://digitalecho.app website and are always available to the Marketer: storage and reproduction are always possible by saving the web page or by copying and pasting. In addition, in the e-mail of acceptance of the order proposal referred to in Article 2.3 above, the General Conditions are attached, or a link is made available to the Marketer where they can be viewed and, if necessary, saved or printed;
the Marketer may contact the Supplier at any time at the following single point of contact: echo@digitalecho.app.

Art. 4 – Marketer Registration and Use of Services

4.1 In order to use the Services offered by the Supplier through the Platform, the Marketer must register on the Website through the Registration Form by following the instructions indicated therein and providing the information required therein for the creation of the “Marketer” account. This type of account gives access to the Dashboard that allows the Marketer to manage the use of the Services on the Platform.

4.2 The Marketer is obliged to provide true, accurate, current and complete information. If the Marketer provides any information that is untrue, inaccurate, not current or incomplete, or if the Supplier has reasonable grounds to suspect that such information is not, the Supplier shall have the right to refuse, suspend or terminate the Marketer’s account at any time and refuse any current or future use, in whole or in part, of the Platform. The Marketer agrees that all information provided at the time of registration will be treated in accordance with the Supplier’s privacy policy, which is accessible on its Website.

4.3 The Supplier reserves the right to refuse, at its sole discretion, the Marketer’s request for registration, as well as to suspend or close the Marketer’s account at any time, if the latter is deemed not in line with the policies, including ethical policies, and quality standards adopted by the Supplier.

4.4 The Marketer undertakes to use the Platform and the Services personally and not to allow third parties to use them in its place or on its behalf. The Marketer is required to keep the credentials of his account for access to the Platform with the utmost care, confidentiality and diligence, undertaking not to communicate them to others. The Marketer also undertakes to immediately notify the Supplier of any theft, loss or loss, total or partial, of the access credentials or only a part of them and in any case of any unauthorised use by third parties. The Marketer will be responsible for any damage caused to the Supplier and/or third parties as a result of failure to comply with the above.

4.5 The Marketer who submits the Registration Form as agent and/or representative of another entity, guarantees that he/she has all the necessary powers to proceed with the request for activation of the account in the name and on behalf of the aforementioned owner, as well as to purchase Publications and request the provision of Services, holding the Supplier harmless and indemnified from any related liability.

Art. 5 – Operation of the Platform

5.1 The Marketer, through its Dashboard, can autonomously select and purchase one or more Publications offered for sale on the Platform by the Publishers, complete with all the relevant features, such as prices, any additional services (such as copywriting services, additional visibility, etc.), in accordance with the requirements of the Platform.

5.2 The Marketer who intends to purchase one or more Publications will place the purchase order on the Platform and pay the relevant price. The Marketer will receive immediate notification on its Dashboard of the purchase order sent.

5.3 The Marketer will upload on the Platform the Brief relating to the content to be published, in accordance with the specifications of the Publication, including any processing and publishing times provided by the Publisher. The Supplier will send an e-mail to the Publisher notifying it of the Brief uploaded by the Marketer. The Marketer shall be obliged to promptly reply to the Publisher with respect to the information provided and/or the requests sent by the latter through the Platform, in order to complete the processing of the Brief and the relevant publication. Should the Marketer fail to promptly reply to the Publisher’s instructions and/or requests, so as not to allow the latter to proceed with the publication, the entire price paid by the Marketer for the purchase of the Publication shall be forfeited, without any possibility of refund.

5.4 The Marketer is solely responsible for the content of the Brief. The Supplier reserves the right to remove at any time and at its sole discretion any information and/or content in general that is contrary to public order or morality, as well as incites racial hatred or discrimination, and, more generally, to the policies adopted by the Supplier and the rules of the Platform, or if the Supplier receives reports relating to violations of the rights of third parties.

5.5 The Publisher may refuse to accept the Brief in the event that it violates the rights of third parties and/or laws or regulations of any kind in force in the country or countries in which the relevant contents may be accessible, or is contrary to public order and/or morality, as well as incites racial hatred or discrimination, or when it does not comply with the specifications of the relevant Publication.

5.6 Once the Brief has been worked on and the contents have been agreed between the Publisher and the Marketer, the Publisher must be authorized by the Marketer to publish the Publication on the Property relating to the Publication(s) purchased by the Marketer. If the Brief sent by the Marketer is already ready for publication, the Publisher may do so without the need for specific authorization from the Marketer. The Supplier is not liable for any failure to publish by the Publisher.

5.7 Once the content relating to each Brief has been published, the Publisher will insert the link on the Platform to access the web page of the content itself and the Marketer will be notified either by email or through the Platform. In the absence of objections from the Marketer, to be sent via the Platform within 72 hours from receipt of the publication notification, the order will be considered definitively finalized and the corresponding credit will be released to the Publisher.

5.8 The Supplier reserves the right to carry out checks on the compliance of the publications with the technical specifications of the relevant Publications, with the policies adopted by the Supplier and with these General Conditions. If any check fails, the Supplier will notify the Publisher of the changes to be made. In the event of failure to comply with the instructions provided by the Supplier, no amount will be paid to the Publisher and, in the event of repetition of the conduct for 3 (three) times, the relevant account may be suspended.

Art. 6 – Service Rates and Payment Methods

6.1 In return for the use of the Platform and the related Services, the Marketer shall pay the Supplier the price of each Publication purchased and of any additional services. The Supplier reserves the right to vary the price of the Publications and of any additional services at any time, including by applying temporary discounts.

6.2 If the Marketer avails itself of the additional services offered by the Supplier (e.g. search for Publications that meet its editorial or promotional needs, drafting of the contents to be proposed to the Publisher in relation to one or more Publications, etc.), the Marketer undertakes to pay the relative price to the Supplier in advance, as indicated on the Platform at the time of purchasing the service, as well as to provide the Supplier with all the information and material necessary for the provision of the service.

6.3 For the payment of the above amounts, the Marketer shall indicate a valid credit card or equivalent means of payment when confirming the order.

6.4 Credit card data or equivalent payment methods are managed directly by third parties specialized in the management of online payments. The information is encrypted using encryption systems that prevent it from being used by third parties. The Supplier does not view or access the relevant data.

6.5 The Supplier reserves the right to verify compliance with the conditions mentioned in this clause by requesting the bank issuing the credit card to verify the genuineness of the card’s ownership.

Art. 7 – Obligations of the Supplier

7.1 The Supplier undertakes to implement all means to make the Platform accessible 24 hours a day, 7 days a week, except in the event of force majeure or events beyond its control (such as failures or disruptions that would affect the Internet or communication network). The Supplier reserves the right to interrupt access to the Platform and all related Services to carry out maintenance operations, improve its functionality or correct any operating anomalies.

Art. 8 – Obligations, Prohibitions and Guarantees of the Marketer

8.1 The Marketer undertakes to keep its Web pages accessible at all times for the links that the Publisher may have requested to be included in the Publication purchased, and not to modify them with contents that are out of date or untrue, that violate the rights of third parties and/or the laws and regulations in force in the countries in which the same are accessible, that are contrary to public order and/or morality, as well as inciting racial hatred or discrimination. In such cases, the Publisher may amend or suspend the Publication, reserving the right to claim any consequential damages.

8.2 The Marketer guarantees:

that it is the sole and exclusive owner of all rights to the content for which it requests publication via the Platform;
that the aforementioned content does not infringe in any way the rights of third parties, including but not limited to copyrights, trademarks, patents, trade secrets, personality rights, privacy rights or other industrial and intellectual property rights;
that the aforementioned contents do not in any way constitute acts of unfair competition;
that the aforementioned content does not violate any laws and regulations of any kind, including, but not limited to, those concerning unfair competition, misleading advertising, consumer protection, personal data protection.

The Marketer undertakes to indemnify and hold harmless the Publisher and the Publishers with whom he/she has published content through the Platform, from any liability, damage, loss, cost or expense, including professional fees, that the Publisher and the Publisher may suffer or incur as a consequence of any claim, demand, suit, proceeding or compliant by third parties, arising, directly or indirectly, from the publication of content on the Platform, from the breach of the above representations and warranties, or from any breach of the obligations assumed by the Marketer under this Agreement.

8.3 For security reasons, and to protect users, all communications between Publishers and Marketers must take place within the Platform, through the Dashboard. The Provider assumes no responsibility for communications made outside of the Platform.

Art. 9 – Duration of the Contract and Right of Withdrawal

9.1 The Contract is concluded for an indefinite period with the Marketer’s right to withdraw at any time through its Dashboard.

9.2 Upon termination of the Agreement, for whatever reason, access to the Platform and all related Services will be deactivated and the Marketer will no longer be allowed to use them.

Art. 10 – Suspension of Access to the Platform

10.1 The Supplier reserves the right to suspend, in whole or in part, access to the Platform and the provision of the Services, without any obligation to give prior notice, in each of the following cases:

non-payment by the Marketer of the sums indicated in Article 6 above, within the terms and in the manner set forth therein; the suspension shall continue until full payment of the sums due, plus interest on arrears and any credit recovery expenses, it being understood that the period of suspension may not be recovered or refunded under any circumstances; the Supplier’s right to avail itself of the express termination clause set forth in Article 13 below remains unaffected;
whenever there is reasonable evidence of a breach of the obligations of the Marketer arising from these General Terms and Conditions and/or the Registration Form, without this giving rise to any liability on the part of the latter towards the Marketer, even if such breaches prove to be groundless;
reasonable grounds to believe that the Platform, the Dashboard and the Marketer’s account are being used by an unauthorized third party;
involvement of the Marketer, for any reason, in any judicial or even extrajudicial dispute of a civil, criminal or administrative nature and in any case in the event that such dispute concerns acts and conduct carried out through the Platform;
ordinary and/or extraordinary modifications, interventions and/or maintenance to the Platform;
cases of force majeure or circumstances that, at the sole discretion of the Supplier, require emergency interventions to be carried out or related to the resolution of safety problems, danger to the entire network and/or to persons or property (in this case, the Platform will be restored when the Supplier, at its discretion, has assessed that the causes that had led to its suspension have actually been removed or eliminated);
disputes and/or requests of any kind from third parties or from the Public Administration or Judicial Authorities of any kind, without this entailing any liability of the Supplier towards the Marketer.

10.2 The Supplier may also – in the event of non-payment or delayed payment by the Marketer of the fees set forth in Article 6 above, at its sole discretion – suspend any further activity in favour of the Marketer arising from other contracts in force between the latter and the Supplier.

10.3 It is understood that the period of suspension referred to in the previous paragraph may not be recovered or refunded under any circumstances. The Marketer also acknowledges and accepts that the suspension of access to the Platform will not entitle the Marketer to any claim for damages, which is hereby waived by the Publisher.

10.4 During the suspension of access to the Platform, the Marketer will not be able to have access to its Dashboard which the Supplier expressly reserves the right to obscure.

Art. 11 – Intellectual and Industrial Property Rights and Authorization to Use the Brand

11.1 The Supplier remains the sole owner of all intellectual and industrial property rights relating to the Platform and the Services, as well as to the Website and anything else that has been prepared, created and developed according to the same (such as, but not limited to: contents, processes, names, brands, trademarks, know-how, inventions, software, videos, images, graphics, texts, etc.) and are not and will not be transferred or licensed in any case to the Marketer.

11.2 All rights relating to the content transmitted by Marketers to the Publisher through the Platform are and remain the exclusive property of Marketers and/or other rights holders, with the Publisher expressly prohibited from making any use of them except as necessary in execution of the purchase order submitted by the Marketer. In the event that the Marketer makes use of additional services offered by the Publisher and concerning the creation and/or processing of content of any kind (e.g. copywriting), the related rights, unless otherwise agreed between the Marketer and the Publisher, will be transferred to the Marketer.

11.3 The Marketer is required to use the Platform in a non-exclusive and non-transferable manner, in compliance with the intellectual and/or industrial property rights of the Supplier, limited to the period of validity of the contract and only in remote connectivity mode, via the Internet.

11.4 The Marketer acknowledges and accepts that it is not permitted in any way to copy, analyse, modify, decompile and manipulate (reverse-engineering, etc.) the Platform, the Dashboard and in general all the software that may be granted for use by the Supplier or parts of them or exploit them in any way. The Marketer acknowledges and accepts that he may not license the aforementioned software or use the same for purposes other than those for which they were made available by the Supplier.

11.5 The right to use the Platform does not imply any rights to the original source code. All techniques, algorithms and procedures contained in the Platform, the Dashboard and the related documentation are information protected by copyright and are the exclusive property of the Supplier, or licensed to it, and therefore may not be used in any way by the Marketer for purposes other than those indicated in this Agreement.

11.6 It is expressly forbidden for the Marketer to market the Platform and the Services relating to it as an agent or reseller or rep house or distributor or licensee of the Supplier or in any other capacity and, in any case, to market or use them as a service of the Supplier or by making use of the Supplier’s trademarks and/or images and/or promotional advertising material and, more generally, of any intellectual and/or industrial property right actually used by it or of which the Supplier is the owner or licensee. The relationship between the Supplier and the Marketer set forth in this Agreement may in no case be construed as a relationship of mandate, company, representation, collaboration or association or other similar or equivalent contractual forms.

11.7 The Marketer expressly authorizes the Supplier to use its name, brands and logos, as well as references to the collaboration relationship referred to in this contract, free of charge, for public relations, communication, and marketing purposes. Such use may be through any media, including, but not limited to, press releases, case studies, blog articles, social media posts, and promotional materials, without the need for further consent from the Publisher. The Marketer acknowledges and agrees that such use will not constitute an infringement of intellectual property rights or confidentiality.

Art. 12 – Limitations of the Supplier’s Liability

12.1 The Marketer acknowledges and expressly accepts that the Supplier is a third party in the relationship between the Publisher and the Marketers, which is why the Publisher shall not be held liable under any circumstances for the contents that the Publishers decide to publish, as well as for any failure by the Publisher to publish the contents requested by the Marketer. The Marketer remains solely and exclusively responsible for the content he/she submits to the Publisher for publication.

12.2 The Supplier is in no way responsible for the technical availability of websites operated by third parties and assumes no responsibility for the content published on such third parties, which are governed by their own terms of use.

12.3 The Supplier is also not in any way responsible for the relationships between Publishers and Marketers through the Platform and is not a party to any disputes between them and/or with third parties.

12.4 The Marketer acknowledges and expressly accepts that the Supplier assumes an obligation of means and not of result and the Marketer relieves the Supplier, as of now, of any liability for any damage that may arise as a result of the use of the Platform and the Services.

12.5 The Supplier can never be held liable for direct or indirect damages, of any origin and nature due to: force majeure or in any case beyond its control, including the conduct of Marketers; fault, negligence, omission or failure by the Publisher to comply with warnings and instructions provided by the Supplier; fault, negligence or omission on the part of a third party; interruptions of the Services due to force majeure or the resolution of safety problems and/or danger to persons; partial or total interruptions of the Services due to the activity and/or inertia of third parties or due to equipment owned by the Marketer or due to the negligence or inexperience of the Marketer.

12.6 The Supplier, its employees or appointees, including their collaborators, do not, under any circumstances, assume any responsibility for any malfunctions of the computer systems used to support the Services or for the data and/or information and/or content uploaded by the Marketer to the Platform and, in general, for the use of the Services made by the Marketer. The Supplier shall not be liable under any circumstances for any damage, direct or indirect, of any type and kind, caused by the Marketer to third parties as a result of the use of the Platform and/or the Services.

12.7 Notwithstanding the foregoing and without prejudice to the mandatory limits of law, the Supplier’s liability is in any case limited to a maximum amount corresponding to the compensation paid in the last year by the Marketer to the Supplier for the purchase of Publication.

Art. 13 – Express Termination Clause

13.1 The Supplier shall have the right to terminate this Agreement with immediate effect by simply notifying the Marketer that it wishes to avail itself of this express termination clause, in the event of non-compliance by the Marketer with even one of the obligations provided for in the following articles: art. 6 (Service Rates and Payment Methods); art. 8 (Obligations, Prohibitions and Guarantees of the Marketer); art. 11 (Intellectual and Industrial Property Rights).

13.2 This Agreement may also be terminated by the Supplier with immediate effect if there have been protests against the Marketer or the Marketer has issued protested or unfunded cheques, or has become insolvent, or has been placed in liquidation or has otherwise ceased its business, or has applied for its declaration of bankruptcy or has otherwise been declared bankrupt or is subject to bankruptcy, at the request of oneself or third parties, to other insolvency proceedings.

13.3 In the event of early termination of the contract, the Supplier shall have the right to demand immediate payment of the full amount owed by the Marketer.

13.4 In the event of early contract termination, access to the Platform, and with it the use of the Dashboard, will be deactivated and the Marketer will no longer be allowed to use them.

Art. 14 – Processing of Personal Data

14.1 Also pursuant to and for the purposes of EU Regulation 2016/679 (hereinafter “GDPR”), the Supplier declares that the personal data communicated by the Marketer will be processed by authorized persons for the sole purpose of fulfilling the obligations arising from this Agreement. The Publisher declares that it has been fully and exhaustively informed of the purposes and methods of the processing of its personal data freely communicated at the time of conclusion of the Contract.

14.2 The processing may be carried out using manual, IT and telematic tools, in such a way as to guarantee the confidentiality, integrity and availability of the data in full compliance with the provisions of the law. The data are not subject to dissemination and may only be communicated to those subjects to whom such communication must be made in compliance with an obligation provided for by law, regulation or EU legislation, as well as to those subjects to whom the communication must be made in order to execute the contractual relationship.

14.3 The Marketer has the right to access the personal data communicated to the Supplier, pursuant to art. 15 GDPR, as well as art. 16, 17, 18, 20, 21 and 22, respectively – where the conditions are met – the right to rectification of personal data, erasure of personal data, restriction of processing, data portability, objection to processing, and not to be subject to automated decision-making.

14.4 The personal data in question will be processed for the entire duration of the contractual relationship and for a further 10 (ten) years from its termination, whatever the cause, also in order to comply with the legal obligations to keep accounting records.

14.5 The Supplier’s complete and constantly updated policy is available to the Marketer on the https://digitalecho.app Website.

14.6 Any personal data relating to Publishers, which the Marketer may acquire by virtue of the purchase order of the Publication through the Platform, will be processed by the Marketer as an independent controller, which guarantees the application and full compliance with the regulations in force on the processing of personal data.

Art. 15 – Prohibition of Assignment of the Contract

15.1 The Marketer may not assign the Contract to third parties, in whole or in part, free of charge or for consideration, temporarily or permanently.

Art. 16 – Applicable Law and Exclusive Jurisdiction

16.1 This contract is governed and interpreted according to the laws of the Republic of Italy, also in accordance with art. 3 of Regulation (EC) No. 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations (Rome I Regulation).

16.2 For any dispute arising from this contract and/or relating to its execution, interpretation and/or validity, the Parties agree that the court of Milan, Italy, shall have exclusive jurisdiction, also pursuant to art. 25 of Regulation (EU) No. 1215/2012 of the European Parliament and of the Council of 12 December 2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (Brussels I bis Regulation), and of the Hague Convention of 30 June 2005 on choice of court agreements.

16.3 The Parties expressly acknowledge that this choice of law and jurisdiction is an express derogation from the generally applicable rules of international jurisdiction, as permitted by the aforementioned European regulations and the 2005 Hague Convention.

Art. 17 – Final Provisions

17.1 These General Terms and Conditions, together with the Registration Form, constitute the sole and exclusive agreement between the Marketer and the Supplier with respect to the subject matter of the Contract.

17.2 The Supplier’s failure to exercise any of its rights, provided for by law or by the Contract, does not in any case constitute a waiver of the same right.

17.3 Should one or more provisions of the Contract be declared invalid by the competent Judge, the Parties agree that the Judge shall in any case try to maintain the effectiveness of the agreements between the Parties, as specified in the Contract.

PURSUANT TO AND FOR THE PURPOSES OF ART. 1341 AND 1342 OF THE ITALIAN CIVIL CODE, BY ACTIVATING THE RELEVANT CHECK BOX IN THE REGISTRATION FORM, THE MARKETER SPECIFICALLY ACCEPTS THE FOLLOWING ARTICLES OF THE GENERAL CONDITIONS: ART. 10 (SUSPENSION OF ACCESS TO THE PLATFORM); ARTICLE 12 (LIMITATIONS OF THE SUPPLIER’S LIABILITY); ARTICLE 13 (EXPRESS TERMINATION CLAUSE); ARTICLE 16 (APPLICABLE LAW AND EXCLUSIVE JURISDICTION – DEROGATION FROM THE RULES ON INTERNATIONAL JURISDICTION).

Last update: 01.10.2024

General Terms and Conditions of Sale and Use of the Digital Echo Platform for Marketers