Terms of Service.
The AdzMedia Mobile Advertising Network ("Service"), owned and operated by AdzMedia Private Limited ("AdzMedia"), a company incorporated 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 thereto and any operating rules or policies. AdzMedia 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, the Member
(1) 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, AdzMedia has the right to terminate Member's account.
BY COMPLETING THE ACCOUNT REGISTRATION PROCESS, AND CLICKING THE "Register" 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.
"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 licensor has produced, including but not limited to text links, banners, buttons, videos, interstitials, pop ups and graphics, and that AdzMedia 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.
"CPM" means charging on the cost-per-thousand advertising model. The Publisher is paid when an Ad is displayed to a visitor to the Publisher's Site. Impressions are aggregated into groups of one thousand Impressions and payments are calculated and made for each one thousand Impressions.
"CPC" means charging on the cost-per-click advertising model. A click is counted when a visitor to a Site clicks on an Ad, as determined by AdzMedia's tracking technology ("Click").
"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 AdzMedia'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 AdzMedia'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 AdzMedia'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 AdzMedia's tracking technology ("Download").
"CPS" means charging on the cost-per-sale advertising model. A Sale is counted when a visitor to a Site clicks on an Ad and Get converted in Sale, as determined by AdzMedia's tracking technology ("Sale").
"Impression": an Impression occurs each time a visitor hit to a Site is recorded, including if an Advertiser visits a Site to which its Ad has been served, this will be counted as an Impression. Where AdzMedia's administrator visits a Site, no impression will be counted.
"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 Form" means the form submitted on the AdzMedia 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 AdzMedia serves any Ad.
"Pending Earning" means the advertising revenue actually received by AdzMedia in respect of a Site.
"Taxes" means any duties, customs fees, or taxes (other than AdzMedia's income tax) associated with the Services, including any related penalties or interest.
"Term of Service" 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 AdzMedia's tracking technology.
Publishers that commit fraudulent activities may result in non-payment, removal from the network, and/or additional legal action.
AdzMedia reserves the right to require Publishers to provide server log files upon request.
AdzMedia 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.
Excessive page reloading or any other abuse of AdzMedia's system could result in legal action.
Without limiting the foregoing, the following methods of generating visitor interest are unacceptable to AdzMedia 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.
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 AND 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 s/he must submit the request in writing to AdMedia. An administration charge of twenty percent (20%) will be applied to each refund, subject to a minimum of ten (10) USD. Refunds will be made to the same bank card or account as the original payment, within thirty days of AdzMedia's receipt of a valid request.
Publisher Should Submit There TAX ID / PAN ID in AdzMedia Payment Profile. Without This information publisher will not get paid.
AdzMedia's payout rate depends on the Publisher, the quality and demand of their traffic, and the volumes.
AdzMedia reserves the right to change a Publisher's payout rate without notice.
The CPC and CPM rates of live campaigns are not guaranteed or fixed. We offer a variable pricing model.
AdzMedia 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.
AdzMedia reserves the right to only pay a Publisher when AdzMedia itself has been paid by the Advertiser/Ad Networks.
Publisher Payments are made automatically every month by either bank wire or paypal.
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 60 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 AdzMedia 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.
The minimum payout is $30. All unpaid earnings will rollover to the next pay period.
AdzMedia reserves the absolute right not to pay any accounts or Publishers that violate any of the terms and conditions.
AdzMedia will not pay or compensate Publishers in any way for any impressions or clicks that have been deemed by AdzMedia System to be invalid or fraudulent.
In the event that the Publisher has already received payment for invalid impressions or clicks, AdzMedia reserves the right to seek credit or remedy from future earnings or to demand reimbursement from Publisher.
AdzMedia 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.
AdzMedia may, but has no duty to, immediately terminate Member and remove it from the Service servers if in its sole discretion AdzMedia 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 AdzMedia or others. Any termination under this Section shall take effect immediately, and Member expressly agrees that it shall not have any opportunity to cure.
AdzMedia reserves the right to terminate Publisher's account if there has been no activity during the previous 6 months. Any accrued unclaimed funds will be annulled.
AdzMedia 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.
User may terminate this Agreement at any time by submitting a support ticket.
LIMITATION OF LIABILITY
IN NO EVENT SHALL ADZMEDIA, 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 ADZMEDIA FOR YOUR USE OF THE SITE OR PURCHASE OF PRODUCTS OR SERVICES VIA THE SITE.
REGARDING TERMS & CONDITION