Mobads - Publisher Terms & Conditions Agreement

Mobads Publishers' Terms and Conditions Agreement

The Publisher appoints the Ad Network to provide Mobilewebadz Network services, which include placing advertisements from various advertisers on the Publisher site(s). This agreement sets out the terms of the arrangement between the Ad network and the Publisher, and the obligations of the parties while under the agreement.

Content

1. Definitions
2. Object
3. Obligations
4. Contract Term & Termination
5. Publisher Participation
6. Terms of Payment
7. Liability & Indemnification
8. Assignment
9. Governing Law
10. Ability to Enter into Agreement
11. Promotions

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1. DEFINITIONS

Effective date:

This legal agreement sets out the terms of the arrangement between you (“Publisher”) and MobileWebAdz Ltd (trading as “Mobads”, “Mobads Network” or “Mobads Platform”) and the obligations of the parties while under the agreement. Before participating in the Mobads Network, Publishers are required to read the Terms and Conditions Agreement in full. By completing registration to the Mobads Platform and ticking the box ‘I have read and understood the terms & conditions’ you are agreeing to be bound by the terms and conditions of this Agreement.

2. OBJECT

By virtue of this agreement, Publisher(s) hereby appoint Mobads to sell and display Advertising Material on the Publisher's site(s) via the Mobads Platform and the codes embedded on the Publisher’s site(s) by the Publisher(s).


3. OBLIGATIONS

Mobads will make available to Publisher(s), via the Publisher’s dashboard, integration codes, data and statistics relative to the Advertising Material displayed on the Publisher’s site(s).

Publisher(s) is solely responsible for the correct placement of integration codes on Publisher’s site(s). By participating in the Mobads Network, Publisher agrees to place integration code only on site(s) that are in accordance with Mobads Website Compliance as stated in clause 5 Publisher Participation.

The content of Publisher’s site is their sole responsibility and Publisher(s) will always hold Mobads harmless for any responsibility, infringement, damage or loss in relation to such content.


4. CONTRACT TERM & TERMINATION

This Agreement commences on the date of sign-up and is effective from the date you are activated as a Publisher.

Mobads reserves the right to terminate this Agreement and deactivate the Publisher account at any time, with or without cause. Notice of termination will be provided via email and will be effective immediately upon sending.

Upon receipt of such termination notice, Publisher agrees to immediately remove from any of the Publisher’s sites all and any of Mobads integration codes provided to Publisher for the purpose of serving Advertising Material via the Mobads Network.

Dependant on the cause of the termination, Publisher will be paid, in the next scheduled payment cycle following termination, all legitimate non-fraudulently accrued earnings due up to the time of termination. If the termination is a result of Publisher’s misuse of the Mobads Network or any breach of the terms of this Agreement, Publisher shall not be entitled to the payment of any amounts remaining in the Publisher Dashboard, regardless of any other or further liability incurred by the Publisher.

Mobads reserves the right to terminate this Agreement if at any time there is suspicion of fraudulent activity by the Publisher. If this is the case, the Publisher account will be terminated and any accrued funds will be retained by Mobads.


5. PUBLISHER PARTICIPATION

Mobads reserves the right to deny, terminate and withhold payment from any Publisher that includes, promotes or exhibits what is deemed to be inappropriate or illegal content or any form of misuse of the Mobads Platform.

Publisher(s) will allow Mobads to use its tracking tools to monitor content and activity.

It is the Publisher’s obligation to ensure that it complies with Mobads’s Website Compliance policy, as detailed below:

WEBSITE COMPLIANCE

By participating in the Mobads Network, Publisher(s) agrees not to integrate code and display ads on any site(s) that:

  • engages in, promotes or facilitates illegal or legally questionable activities, or content which includes but is not limited to: promoting racism, or hate; the use of illegal substances; promoting illegal activity such as mail fraud, spam, copyright infringement, or other information not permitted under applicable law;

  • contains any images or content, sexual or of an adult nature - only content that complies with our Universal content strength is permitted on Mobads network

  • contains content that has any depiction of activities that are illegal in England and Wales or the territory that they are displayed in;

  • contains paraphilia or scatalogical activities;

  • contains zoophilia or beastality;

  • displays more than 6 ads per page or has multiple pop-ups or pop-unders.



6. TERMS OF PAYMENT

Publisher payments will be made forty-five (45) days after the end of the month in which the revenue was earned. All payments will be made in US Dollars (USD) unless otherwise formally agreed with the Publisher. To receive a payment, Publisher(s) must reach the minimum payout of 100 USD. All taxes and charges of any kind from the Publisher’s bank or online payment processor which may result from such payments shall be the Publisher’s sole responsibility.

Payments are generated automatically by the Mobads Platform against the payment details that are recorded by the Publisher in the payment details page in the Publisher Dashboard. Mobads reserves the right to recoup any charges incurred as a result of incorrectly entered bank details.

The CPC and CPM rates of live campaigns are not guaranteed or fixed. The Mobads Network may sometimes offer a variable pricing model. Mobads reserves the sole right to set its CPC and CPM rates and to set and negotiate specific ad rates on an individual client-by-client basis.

Mobads reserves the right to remunerate Publisher(s) only when payments from Advertisers have been received by Mobads. Publisher(s) agrees that Mobads shall have no obligation to Publisher for payments due but unpaid from Advertisers and Publisher(s) shall hold Mobads harmless and indemnify it from any claims or liability related to such unpaid amounts.

Publisher understands that the statistics displayed in their Dashboard may be subject to adjustments and that Mobads will determine what payments are due to Publisher(s) under this Agreement. In the event Publisher(s) disagrees with any such calculation, a written request should be sent immediately to Mobads. Upon receiving said request, Mobads shall provide Publisher, within ten (10) business days, an explanation for the adjustment of numbers which shall be final and binding. All disputes for any traffic within a given month must be submitted within two (2) weeks of receipt of payment. Otherwise, Mobads reporting is final and binding.

Mobads’s ad server will be the official counter for determining the number of Advertising Material delivered and amounts payable under this Agreement.

Mobads will not pay or compensate Publishers in any way for any impressions or clicks that have been deemed to be invalid or fraudulent. Any method to artificially and/or fraudulently inflate the volume or impressions or clicks is strictly forbidden. These prohibited methods include but are not limited to: framing an ad-banner’s click-through destination, auto spawning of browsers, running ‘spiders’ against the Publisher’s own website, automatic redirecting of users or any other technique of generating automatic or fraudulent (as determined by Mobads, acting reasonably, or based on industry practices) click-through and or impressions. Publisher may not require users to click on Advertising Material prior to entering a Website or any area therein or provide incentives for users to click on Advertising Material. Publisher’s click-throughs of any link other than Mobads’s Advertising Material, or use of any other means of artificially enhancing click results shall be a material breach of this Agreement, and upon such occurrence, Mobads may terminate this Agreement without prior notification. Such termination is at the sole discretion of Mobads and is not in lieu of any other remedy available at law or equity.

In the event that the Publisher has already received payment for invalid impressions or clicks, Mobads reserves the right to seek credit or remedy from future earnings or to demand reimbursement from Publisher.

Mobads reserves the absolute right not to make any payments if the Publisher violates any of the terms and conditions set forth herein. 


7. LIABILITY & INDEMNIFICATION

The Publisher agrees to be solely responsible for any legal liability arising out of or relating to:

  1. The content and other other material set forth in the Publisher's Website and/or
  2. Any content or material to which users can link through the Publisher’s Websites (other than through Advertising Material supplied by Mobads).

The Publisher will indemnify, defend and hold harmless Mobads and its officers, directors, agents, affiliates and employees from and against all claims, actions, liabilities, losses, expenses, damages and costs (including, without limitation, reasonable attorney’s fees) that may at any time be incurred by any of them by reason of any claims, suits or proceedings.

  1. For libel, defamation, violation of right of privacy or publicity, copyright infringement of any third party right, fraud, false advertising, misrepresentation, product liability or violation of any law, statute, ordinance, rule or regulation throughout the world in connection with the Publisher Websites (except for Advertising Material supplied by Mobads);
  2. Arising out of any material breach by Publisher of any duty, representation or warranty under any agreement with Mobads; or
  3. Relating to a contaminated file, virus, worm, or Trojan horse originating from the Publisher Websites.

In no event shall either party be liable for special, indirect, incidental, or consequential damages, including but not limited to, loss of data, loss of use, or loss of profits arising thereunder or from the provision of services.

Neither Mobads nor its Customers will be subject to any liability whatsoever for

  1. Any failure to provide reference or access to all of any part of the Website due to system failures or other technological failures of Mobads or the internet;
  2. Delays in delivery and/or non-delivery for Creative, including, without limitation, difficulties with a Customer or Creative, difficulties with a third-party server, or electronic malfunction; and
  3. Errors in content or omissions in any Creative.

The Publisher shall not release any information regarding Campaigns, Creatives, or Publisher’s relationship with Mobads or its customers, including, without limitation, in press releases or promotional or merchandising materials, without the prior written consent of Mobads. Mobads shall have the right to reference and refer to its work for, and relationship with, Publisher for marketing and promotional purposes. No press releases or general public announcements shall be made without the mutual consent of Mobads and Publisher.

If any Publisher violates or refuses to partake in their responsibilities, or commits fraudulent activity against the Ad Network, Mobads reserves the right to without payment and take appropriate legal action to cover its damages.



8. ASSIGNMENT

The Publisher may not assign this Agreement, in whole or in part, without written consent from Mobads. Any attempt to assign this Agreement without such consent will be null and void.


9. GOVERNING LAW

This Agreement will be governed by and constituted under the laws of England and Wales without regard to the conflicts of law provisions thereof. Any action relating to this Agreement must be brought in the courts located in England and Wales and Publisher irrevocably consents to the jurisdiction of such courts.

Any notices to Mobads must be sent to: MobileWebAds Ltd, 5-11 Lavington Street, Europoint Center, London, SE1 0NZ, UK, via a first class or airmail overnight courier; and are deemed given upon receipt. Notice to Publishers may be effected be sending email to the email address specified in Publisher’s account, and is deemed received when sent for email. Publisher may not assign any of their rights hereunder and any such attempt is void. Mobads and Publishers are not legal partners or agents, but are independent contractors.


10. ABILITY TO ENTER INTO AGREEMENT

By entering this Agreement, Publisher warrants that Publisher (or Authorised Representative of Publisher) is at least 18 years of age, and that there is no legal reason that Publisher cannot enter into a binding contract.

11. PROMOTIONS

New Publisher Self Serve Sign-Up Promotion

From 2nd March 2017, every 100th new publisher to sign-up to Mobads Self Serve platform will receive a free $50 incentive bonus added to their account. The following terms and conditions apply.

  1. only available to new publisher accounts signed up via Self Serve
  2. only one publisher account per publisher
  3. publisher account must be set active and sending traffic
  4. normal terms and conditions apply
  5. offer ends 31st March 2017
  6. offer available up to first 5000 new publisher sign-ups
  7. payment of incentive bonus at sole discretion of Mobads


 

 

 

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