Terms & Conditions for Advertisers & Publishers
The ADAffTech is a company working under the laws of India, is provided to you (“Member”, “Advertiser”, “Publisher”) under the Terms and Conditions (“Terms”) of this Service Agreement (“Agreement”), and any amendments there to and any operating rules or policies. ADAffTech reserves the right, in its sole discretion, to change, modify, add or remove all or part of the Agreement at any time. If any modification to this agreement is unacceptable to you, your only recourse will be to terminate this agreement. Your continued participation with the Service following our posting of a new agreement on our site will constitute a binding acceptance of the change.
By accepting the Terms of the Agreement:
1. The Member represents and warrants that s/he is of at least 18 years of age
2. Agrees to provide accurate, current and complete information about Member as prompted by the Account Registration Form; and
3. agrees to maintain and update this information to keep it accurate, current and complete.
If any information provided by Member is inaccurate, not current or incomplete, ADAffTech has the right to terminate Member’s account. BY COMPLETING THE ACCOUNT REGISTRATION PROCESS, AND CLICKING THE “Sign Up” BUTTON, YOU AGREE TO BE BOUND BY THE AGREEMENT. If these Terms or any future changes are unacceptable to you, you may cancel your account according to the Termination of Service.
“AD Network” An advertising company that usually serves as a broker between web site publishers and advertisers. Larger ad networks aggregate sites into general categories so that they can offer advertisers targeted buys.
“Account” means an account in which value is stored for You, which value You may then spend in using the Services, or be paid, in each case in accordance with this Agreement.
“AD” means any advertisement the content of which an Advertiser or its licencor has produced, including but not limited to text links, banners, buttons, videos, interstitial’s, pop ups and graphics, and that ADAffTech causes to be served to any Publisher’s Site.
“Advertiser” means You where You are an advertiser who uses any aspect of the Services.
“Associate” means, in respect of a party, that part’s group companies, customers, partners, sub-contractors, Associates, agents, networks, officers, directors, joint ventures, owners and employees.
“Confidential Information” means information disclosed by a party to the other party under this Agreement that is marked as confidential or would normally be considered confidential under the circumstances, and does not include information that: (a) the recipient of the Confidential Information already knew; (b) becomes public through no fault of the recipient; (c) was independently developed by the recipient; or (d) was lawfully given to the recipient by another party.
“Cookies” A process by which a small file is sent from a web server to the local users computer to store information unique to that browser. Often used by advertisers to keep track of the number and frequency of advertisements that has been shown to a visitor or by sites to help them determine the number of unique visitors.
“Click through rate (CTR)” The percentage of impressions that resulted in a click through. Calculated by dividing the number of clicks by the number of impressions.
“CPA” means charging on the cost-per-acquisition advertising model. A Acquisition is counted when a visitor to a Site clicks on an Ad and Get converted in Acquisition, as determined by ADAffTech’s tracking technology (“Action”).
“CPI” means charging on the cost-per-install advertising model. A Install is counted when a visitor to a Site clicks on an Ad and Get converted in Install, as determined by ADAffTech’s tracking technology (“Install”).
“CPL” means charging on the cost-per-lead advertising model. A Lead is counted when a visitor to a Site clicks on an Ad and Get converted in Lead, as determined by ADAffTech’s tracking technology (“Lead”).
“CPD” means charging on the cost-per-download advertising model. A Download is counted when a visitor to a Site clicks on an Ad and Get converted in Download, as determined by ADAffTech’s tracking technology (“Download”).
“Intellectual Property Rights” means current and future worldwide rights under patent law, copyright law, trade secret law, trade mark law, moral rights law, and all other similar rights.
“Publisher” means You where You are a publisher who uses any aspect of the Services.
“Sign up” means the form submitted on the ADAffTech website by you or your Associate when Register for the Service.
“Site” means any online asset such as a mobile site (whether using WAP or any other protocol), mobile Internet site, mobile web site, mobile application or device platform to which ADAffTech serves any Ad.
“Pending Earning” means the advertising revenue actually received by ADAffTech in respect of a Site.
“Taxes” means any duties, customs fees, or taxes (other than ADAffTech’s income tax) associated with the Services, including any related penalties or interest.
“Term of Services” means the lifetime of the contract created by this Agreement, being sixty days, subject always to termination in accordance with this Agreement.
“Visitor” means a unique, individual, human, end-user visitor to a Site, as determined by ADAffTech’s tracking technology.
Publishers that commit fraudulent activities may result in non-payment, removal from the network, and/or additional legal action. ADAffTech reserves the right to require Publishers to provide server log files upon request. ADAffTech has several fraud mechanisms at their disposal that will detect most forms within a few days of the initial activity. Publishers agree to not artificially inflate traffic counts using a program, script, device, or other means. Any type of changes in adcode or script from publisher end is not acceptable. Excessive page reloading or any other abuse of ADAffTech’s system could result in legal action. Without limiting the foregoing, the following methods of generating visitor interest are unacceptable to ADAffTech and may be grounds for dismissal from the Network:
1. Use of unsolicited email or inappropriate newsgroup postings to promote Web/Wap site(s).
2. Auto-spawning of browsers.
3. Automatic redirecting of users.
4. Clicking on own advertisement.
5. Blind text links or blind banner ads.
6. Misleading links or any other method that may lead to artificially high numbers of impressions or clicks.
Further: Publishers are prohibited from offering any kind of incentive, including but not limited to cash, credits, loyalty points or any such rewards in an attempt to generate results or in securing leads. If a Publisher is found incentivising offers they may result in removal from the network, and/or additional legal action.
Payments & Fees
Some of the Services require payment of fees. Company reserves the right to change its price list and to institute new charges at any time, upon prior notice to User, which may be sent by email or posted on the Site. If User is an advertiser, User shall pre-pay all applicable fees, as described on the Site, in connection with such Services selected by User.
If Advertiser request a refund then ADAffTech will not provide any kind of refund to their accounts.
Publisher Should Submit There TAX ID / PAN ID in ADAffTech Payment Profile. Without This information publisher will not get paid. ADAffTech’s payout rate depends on the Publisher, the quality and demand of their traffic, and the volumes. ADAffTech reserves the right to change a Publisher’s payout rate without notice. We offer a variable pricing model. ADAffTech reserves the sole right to set its CPI and CPA rates and to set and negotiate specific ad rates on an individual client-by-client basis.
ADAffTech reserves the right to only pay a Publisher when ADAffTech itself has been paid by the Advertiser/Ad Networks. Publisher Payments are made automatically every month by either bank wire or paypal or skrill. The payment made will be the figure showing as due in the Payments tab of your Statistics within the interface. We do not accept invoices from Publishers. Publisher Payments are made 45 days after the end of the month in which the revenue was earned. Publisher Payments will only be made when Publisher has submitted correct payment information in ADAffTech System. Incorrect payment details will result in loss of revenue and/or a $100 administration fee, and may lead to termination of the account. Publishers agree to pay all payment charges imposed by banks or paypal or skrill. The minimum payout is $20. All unpaid earnings will rollover to the next pay period. ADAffTech reserves the absolute right not to pay any accounts or Publishers that violate any of the terms and conditions. ADAffTech will not pay or compensate Publishers in any way for any impressions or clicks that have been deemed by ADAffTech System to be invalid or fraudulent.
In the event that the Publisher has already received payment for invalid impressions or clicks, ADAffTech reserves the right to seek credit or remedy from future earnings or to demand reimbursement from Publisher. ADAffTech will not pay or compensate Publishers in any way for any impressions or clicks if the Publisher account has been terminated due to low activity or no activity.
ADAffTech may, but has no duty to, immediately terminate Member and remove it from the Service servers if in its sole discretion Adcrax concludes that Member is engaged in illegal activities or the sale of illegal or harmful goods or services, or is engaged in activities or sales that may damage the rights of ADAffTech or others.
Any termination under this Section shall take effect immediately, and Member expressly agrees that it shall not have any opportunity to cure. ADAffTech reserves the right to terminate Publisher’s account if there has been no activity during the previous 4 months. Any accrued unclaimed funds will be annulled.
ADAffTech reserves the right to terminate this Agreement at any time if there is suspicion of fraudulent activity by the Publisher. The Publisher account will be terminated and any accrued funds will be annulled without notification.
If any client/publisher found abusing/misbehaving ADAffTech Team members, ADAffTech has right to disable publisher account and legal can be taken.
LIMITATION OF LIABILITY
IN NO EVENT SHALL ADAFFTECH, ITS AFFILIATES OR ANY OF THEIR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR CONTENT OR SERVICE PROVIDERS (COLLECTIVELY, THE “PROTECTED ENTITIES”) BE LIABLE, WHETHER IN AN ACTION BASED ON A CONTRACT INDEMNIFICATION, OBLIGATION, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE), COLLATERALLY OR ARISING FROM ANY STATUTORY DUTY, PRE-CONTRACT OR OTHER REPRESENTATIONS, OR OTHERWISE, HOWEVER ARISING, FOR ANY ECONOMIC LOSSES (INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUES, PROFITS, CONTRACTS, BUSINESS, GOODWILL OR ANTICIPATED SAVINGS) OR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO, THE USE OF, OR THE INABILITY TO USE, THE SITE OR THE CONTENT, MATERIALS AND FUNCTIONS RELATED THERETO, YOUR PROVISION OF INFORMATION VIA THE SITE, LOST BUSINESS OR LOST SALES, EVEN IF SUCH PROTECTED ENTITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN USERS. IN NO EVENT SHALL THE PROTECTED ENTITIES BE LIABLE FOR OR IN CONNECTION WITH ANY CONTENT POSTED, TRANSMITTED, EXCHANGED OR RECEIVED BY OR ON BEHALF OF ANY USER OR OTHER PERSON ON OR THROUGH THE SITE. IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF THE PROTECTED ENTITIES TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THE TERMS AND CONDITIONS OR YOUR USE OF THE SITE EXCEED, IN THE AGGREGATE, THE AMOUNT, IF ANY, PAID BY YOU TO ADAFFTECH FOR YOUR USE OF THE SITE OR PURCHASE OF PRODUCTS OR SERVICES VIA THE SITE.
TERMS OF SERVICES LAST UPDATED ON JANUARY 1, 2015 @ 7:17 AM (GMT +05:30)