Terms and Conditions

Introduction


The following Terms and Conditions (“Terms and Conditions”), together with any and all guidelines, previously posted amendments, schedules, attachments and exhibits (collectively, the “Agreement”), set forth the terms and conditions (since 2013-10-01) that shall govern the relationship between TopAdsMedia and you as a publisher using the affiliate network (the “Affiliate Network”) offered through the TopAdsMedia „Affiliate Network” – TopAdsMedia leads economic activity on the basis of registration in CEIDG network („TopAdsMedia.com Network”).

 

 

Definitions used in Terms and Conditions


Affiliate Network – TopAdsMedia where publishers and advertisers meet each one’s expectation in terms of monetizing quality traffic.

 

Publisher – the individual, company or entity and, without limitation, any parent entities, owners, subsidiaries, publishers, predecessor or successor entities, and any agents, officers, directors or employees acting on behalf of same, registering with TopAdsMedia.

 

Webpage – web document created in SGML (HTML, XML) that is suitable for the World Wide Web and the web browser.

 

Website – collection of webpages, linked by text, graphic and computer mechanisms.

 

Direct Link – element set in webpage, internet application, mailing) which redirects to Final Page.

 

Advertiser – third party connected with Affiliate Site who is the final deliverer of advertising offer.

 

Lead – correctly fulfilled , accepted by Advertiser offer.

 

Fraud Lead – classified by Advertiser as fraud.

 

Gateway/Panel – platform where offers are presented.

 

Scope of service provided


Affiliate Network through platform facilitates collection of advertising offers. Offers are categorized by country, type and suggested traffic. The offer can be accessed by link, banner or gateway system. Publisher receives provision reward. The amount depends on the type of fulfilled offer. All required information fields in the TopAdsMedia membership application must be filled-out completely, accurately, and honestly. Any falsification of personal information will result in the immediate termination of membership and forfeiture of all Commissions up through and including the date of termination.

 

Promotional Offers


Positive result of application to Affiliate Network is not equivalent to getting access to all of the advertising offers. Some of them like game registration or non-incentive offers demand the acceptation of manager assigned to every Publisher individually.

 

Payments


Publishers obtain payouts through payout forms provided by Affiliate Network. Standard payout system is Net30 – the payout is realized in the end of the next payment term. Payment term begins on the 1st of every month and ends on the last day of the month. Publishers who generate higher traffic and have high quality of leads can negotiate individual payout system. Payouts are send after initial verification by employees of Affiliate Network. Affiliate Network has the right to suspend payout in case of the suspicion of Fraud Leads. In that case money will be send after report from advertisers. Publisher shall be responsible for all of the foregoing applicable taxes, fees, and costs.

 

 

Prohibited actions


Acting to the detriment of the Affiliate Site is prohibited. For example:

– conscious completing of Fraud Leads.
– all of the actions that can wheedle money from Affiliate Network (including filling offers by the Publisher.

– promoting advertising offers via illegal sites for example with illegally software, promoting violence, racism himself).

 

Any personally identifiable information, including without limitation email addresses, included in the Leads/Acquisitions generated by the Advertisement(s) shall be accessed, used, collected, maintained or transferred to third parties in strict compliance with (i) all privacy laws, including, without limitation the Fair Credit Reporting Act and the Children’s Online Privacy Protection Act; (ii) the Can-Spam Act of 2003; (iii) Partner’s published privacy policy at the time such personally identifiable information is transferred to Agency and (iv) the EU directive 2002/58/EC (to be found at http://europa.eu.int/eur-lex/pri/en/oj/dat/2002/l_201/l_20120020731en00370047.pdf as of July 2002). In any instance where there is a conflict between the Partner’s privacy policy and that of the Fair Credit Reporting Act, Children’s Online Privacy Protection Act, or CAN-SPAM Act of 2003, Agency requires that Publisher collect, manage, and transmit data in accordance with the law.

 

The use of the words “free”, “no cost”, “no charge”, or anything that means free with no obligation or participation is prohibited on any creative including but limited to: banners, buttons, text links, search listings, websites, website titles/headings, pop-ups/unders, interstitials, etc. If there is any doubt on what is acceptable, prior approval from Advertiser is required.

 

Adware, spyware, toolbars, desktop applications or any kind of non-user-initiated pop ads require the written approval by Advertiser.

 

Partner WILL NOT spam or send unsolicited email mentioning or promoting the Advertiser programs. Any violation of this will result in the Partner being liable for damages of $1.00 per email sent and other damages as deemed by a court of law. All email delivery must be CAN-SPAM compliant.

 

Spam, phishing, profile postings or the usage of bots on bulletins, community sites, message boards, chat communities, social-networking sites (e.g. MySpace.com, Facebook.com etc.) to promote Advertiser is strictly prohibited.
Any leads/acquisitions generated through these aforementioned methods and tactics will not be paid, if all procedures for timely reporting and documenting any disputes have been followed in accordance with the terms in this agreement. Violations will result in immediate expulsion of from the Advertiser’s marketing program.
Agency does not allow any first cookie to be overwritten for 24 hours if the second click has been activated by a user clicking on an advertising unit served by an adware of Partner.
Partner may not alter or interfere with any Advertiser/Agency tracking link to the detriment of another publisher.
A tracking link must only be activated via a click as defined by a deliberate action on behalf of the user to visit a clearly advertised website.
Partner is not allowed to use any Advertiser/Agency tracking link as a trigger for serving advertising units to a user.
Partner will only utilize approved traffic sources that are not listed as restricted under the campaign specifications provided by the agency for the relevant campaign.

 

Partner will represent on behalf of itself and its sub-partners that it will comply with Truste’s Trusted Download Program Requirements (available at http://www.truste.com/pdf/Trusted_Download_Program_Requirements_Website.pdf).

 

 

Blocking and closing accounts


Publisher has the right to make a complaint through the mailing system available in the user account or directly with the administration via e-mail. The answer will be sent not later than 10 days after delivery.

 

 

Final Terms


To all matters not settled herein provisions of civil law shall apply.