Terms and Conditions Appromoters Affiliate programme.
The following Terms and Conditions are made and entered into by and between Appromoters B.V., a company with limited liability, incorporated under Dutch law, acting under the trading name Appromoters, having it’s registered place of business at (1011 TG) Amsterdam, at ‘s-Gravenhekje 1-A, the Netherlands, registered under number 59580313 at the Dutch chamber of commerce (Appromoters) and the company or person that Appromoters enters into an Agreement with Appromoters concerning Services. (Media Company).
These Appromoters shall apply to any and all agreements, addendums thereto, Insertion Orders and agreements made by e-mail.
Parties provide each other with the ability to make use of the Services, as defined herein, subject to Publishers compliance with these Appromoters T&C. By enrolling as an Publisher, its agents, representatives, employees and any other person acting on behalf with respect of the use of the Service, shall be bound by- and agrees to be bound by these Appromoters T&C.
“Ad” means any advertisement provided by Appromoters on behalf of an Advertiser.
“Advertiser” means the advertiser for which Appromoters is the agent under an applicable IO.
“Advertising Materials” means artwork, copy, or active URLs for Ads.
“Affiliate” means, as to an entity, any other entity directly or indirectly controlling, controlled by, or under common control with, such entity.
“Appromoters” means the advertising Appromoters listed on the applicable IO.
“CPA Deliverables” means Deliverables sold on a cost per acquisition basis.
“CPC Deliverables” means Deliverables sold on a cost per click basis.
“CPL Deliverables” means Deliverables sold on a cost per lead basis.
“CPM Deliverables” means Deliverables sold on a cost per thousand impression basis.
“CPI Deliverable” means Deliverable sold on a cost per install basis.
“Deliverable” or “Deliverables” means the inventory delivered by Media Company (e.g., impressions, clicks, or other desired actions).
“KPI” or “Key Performance Indicators” means the quality requirements for a specific offer.
“Hard KPI” A minimum requirement regarding quality for the publisher to be paid for the delivered traffic.
“Soft KPI” A minimum requirement regarding quality for the publisher to continue running the offer.
“Traffic restrictions” Restrictions on what type of traffic types can be sent to a specific offer.
“IO” means a mutually agreed insertion order that incorporates these Terms, under which Media Company will deliver Ads on Sites for the benefit of Appromoters or Advertiser.
“Media Company” means the publisher listed on the applicable IO.
“Media Company Properties” are websites specified on an IO that are owned, operated, or controlled by Media Company.
“Network Properties” means websites specified on an IO that are not owned, operated, or controlled by Media Company, but on which Media Company has a contractual right to serve Ads.
“Policies” means advertising criteria or specifications made conspicuously available, including content limitations, technical specifications, privacy policies, user experience policies, policies regarding consistency with Media Company’s public image, community standards regarding obscenity or indecency (taking into consideration the portion(s) of the Site on which the Ads are to appear), other editorial or advertising policies, and Advertising Materials due dates.
“Representative” means, as to an entity and/or its Affiliate(s), any director, officer, employee, consultant, contractor, agent, and/or attorney.
“Site” or “Sites” means Media Company Properties and Network Properties.
“Terms” means these Appromoters Terms and Conditions
“Third Party” means an entity or person that is not a party to an IO; for purposes of clarity, Media Company, Appromoters, Advertiser, and any Affiliates or Representatives of the foregoing are not Third Parties.
“Third Party Ad Server” means a Third Party that will serve and/or track Ads.
INSERTION ORDERS AND INVENTORY AVAILABILITY
AD PLACEMENT AND POSITIONING
III. PAYMENT AND PAYMENT LIABILITY
Appromoters’s credit is established on a client-by-client basis.
If Advertiser proceeds have not cleared for the IO, other advertisers from Appromoters will not be prohibited from advertising on the Site due to such non-clearance if such other advertisers’ credit is not in question.
Upon request, Appromoters will make available to Media Company written confirmation of the relationship between Appromoters and Advertiser. This confirmation should include, for example, Advertiser’s acknowledgement that Appromoters is its agent and is authorized to act on its behalf in connection with the IO and these Terms. In addition, upon the request of Media Company, Appromoters will confirm whether Advertiser has paid to Appromoters in advance funds sufficient to make payments pursuant to the IO.
If Advertiser’s or Appromoters’s credit is or becomes impaired, Media Company may require payment in advance.
Appromoters is making use of a third-party Ad Serving and Tracking platform, which is leading in reporting during the terms of the Inserions Order.
CANCELLATION AND TERMINATION
VII. BONUS IMPRESSIONS
Media Company will not bonus more than 5% above the Deliverables specified on the IO without the prior written consent of Appromoters. Permanent or exclusive placements will run for the specified period of time regardless of over-delivery, unless the IO establishes an impression cap for Third Party Ad Server activity. Appromoters will not be charged by Media Company for any additional Deliverables above any level guaranteed or capped on the IO. If a Third Party Ad Server is being used and Appromoters notifies Media Company that the guaranteed or capped levels stated on the IO have been reached, Media Company will use commercially reasonable efforts to suspend delivery and, within 24 hours of receiving such notice, Media Company may either (i) serve any additional Ads itself or (ii) be held responsible for all applicable incremental Ad serving charges incurred by Advertiser but only (A) after such notice has been provided, and (B) to the extent such charges are associated with overdelivery by more than 5% above such guaranteed or capped levels.
VIII. FORCE MAJEURE
LIMITATION OF LIABILITY
Excluding Appromoters’s, Advertiser’s, and Media Company’s respective obligations under Section X, damages that result from a breach of Section XII, or intentional misconduct by Appromoters, Advertiser, or Media Company, in no event will any party be liable for any consequential, indirect, incidental, punitive, special, or exemplary damages whatsoever, including, but not limited to, damages for loss of profits, business interruption, loss of information, and the like, incurred by another party arising out of an IO, even if such party has been advised of the possibility of such damages.
XII: NON-DISCLOSURE, DATA USAGE AND OWNERSHIP, PRIVACY AND LAWS
XIII. THIRD PARTY AD SERVING AND TRACKING