Terms Of Condition
This Affiliate Agreement (the “Agreement”), along with any revisions, is made between Adzhub and the Party submitting the Application for Affiliate Status (the “Affiliate”), whom are also referred to herein as the Parties (“Parties,” each a “Party”). This Affiliate Agreement is a complement to any other Campaign Terms eventually agreed upon by the Affiliate.
WHEREAS, Affiliate and Adzhub would like to provide more specific terms and conditions for this Affiliate Agreement below;
As a result, the parties agree to the following types of legal duties:
- definitions.
1.1. “Opt-in” or “Opted-in” marks a customer’s active, affirmative decision to receive Affiliate marketing.
Anybody who utilizes the Internet is referred to as a “user.”
1.3. The term “Action” describes the completion of an action (such as a click, transaction, lead, or call) that the User has requested from Adzhub or the Advertiser.
1.4 The term “Network” describes the advertising network operated by Adzhub, which is made up of affiliates and advertisers.
1.5 The advertiser or advertising agency that supplies Adzhub with advertisements for the Affiliate to utilize is referred to as the “Advertiser.”
1.6. The term “Ad” describes the textual or visual advertisement that is sent to Adzhub in order for it to be included to the Adzhub Network and made accessible to Affiliates.
1.7 Unsolicited mass emails that include advertising for which the receivers have not given their express approval are referred to as “spam.”
1.8 The specific guidelines that are applicable to any advertiser campaign that is included in the Adzhub Network are referred to as “Campaign Terms.”
- Changes.
2.1. Adzhub may occasionally revise, modify, or add to the Agreement, including but not limited to changing Advertiser compensation, unless otherwise noted. Updates will go into effect right away, and Affiliate will be deemed to have agreed to be bound by the revised Campaign Terms or Agreement. Regardless of whether Adzhub informs them of any changes, the Affiliate is responsible for reading and adhering to the Campaign Terms and the Agreement.
- Affiliate Terms and Conditions.
3.1. Affiliates are subject to evaluation and may be rejected by Adzhub for any reason at any time.
3.2 The affiliate must supply correct and authentic contact information, including name, phone number, street address, and email address. Affiliates of the Adzhub Network are in charge of ensuring that this content is accurate at all times. In their descriptions, affiliates must fully, completely, and properly list all promotional strategies. They must also provide additional information as needed.
3.3 Affiliate websites are prohibited from engaging in any illegal conduct, including linking to it, engaging in deceptive advertising, engaging in piracy, making libelous or defamatory remarks, or having pornographic, obscene, racist, or hateful material.
3.4. No software on affiliate websites may be downloaded to users’ systems without their consent or knowledge.
3.5. If Adzhub at any time finds that the Affiliate’s website or advertising activities violate the provisions of the Agreement, the Affiliate will be kicked out of the Network and will lose any commissions and profits.
- Affiliate Guidelines
4.1. Affiliates will be instantly removed from the Adzhub Network and will not be eligible to receive any further rewards if they violate any of the following rules. This is a violation of the contract.
4.2. Affiliate must first get Adzhub’s express authorization before loading Advertiser’s website via an iframe or frameset.
4.3. Affiliate undertakes to refrain from making any changes to the ads that Adzhub provides without first getting Adzhub’s written authorization.
4.4. Affiliates must disclose whether they use incentive traffic. They can only give incentives to users to respond to ads with written consent from Adzhub and the advertiser, as stated in the Network and Campaign Terms. Adzhub is still in charge of defining what an incentive is.
4.5. Affiliate is not permitted to make false or disparaging statements about any advertisement, advertiser, or Adzhub, either orally or in writing.
4.6. Affiliate agrees to receive regular communications from Adzhub. You can send this correspondence via email, fax, mail, or instant messaging.
4.7. Affiliate is not allowed to place any advertisements in third-party newsgroups, social networks, message boards, blogs, link farms, counters, chat rooms, or guestbooks without the consent of the relevant third-party business.
4.8. The affiliate pledges to follow all campaign guidelines as specified in the ads.
4.9. Affiliates are not allowed to send users text messages or SMS ads.
4.10. Affiliates are not permitted to create any actions in ill faith or using dishonest means. This includes, but is not restricted to, generating one’s own actions through automated or manual procedures, deceiving users into accepting the products or services offered by advertisers, and encouraging or advising surfers to return any products or services they have already bought.
4.11 An affiliate must first receive written approval from Adzhub before giving, lending, leasing, selling, or transferring their account to a third party.
- You must provide Adzhubwith your analysis proving your exemption from EU privacy legislation or detailed information about the steps you take to ensure that EU citizens do not use our services and technology to visit your website.
- Marketing of Guarantees and Services.
6.1. Adzhub hereby gives Affiliate a limited, revocable, non-exclusive license to market, display, perform, copy, transmit, and promote the advertisement in connection with its responsibilities under this agreement; additionally, Affiliate may market, display, perform, copy, transmit, and promote the advertisement to third parties in connection with its responsibilities under this agreement, as long as Affiliate abides by all terms of this Agreement and the Campaign Terms.
This restricted license will be immediately revoked, the Affiliate’s account will be terminated, and legal action will be taken against the Affiliate for any illegal use of advertisements or copyrighted content in violation of this Agreement.
6.2. Adzhub’s sole obligation to the Affiliate under this Agreement is to provide the Ads so they can be used in advertising campaigns. The advertising services provided by Adzhub are provided “as is.” Adzhub offers no promises, guarantees, warranties, estimations, or other obligations, save as may be specifically expressed below. This covers, among other things, user demographic profiling, click-to-action conversion rates, response rates, and action-to-sale conversion rates.
6.3. No further warranties are provided.
- Commission Earnings and Payments.
7.1. About fifteen (30) days following the last business day of each month in which earnings are accrued, Adzhub will send the Affiliate’s commission payment if the amount owed to the Affiliate exceeds one hundred (500) USD or the minimum payment amount requested by the Affiliate, whichever is higher. Depending on the Affiliate’s chosen payment method, payment thresholds may vary. Policies regarding payment type thresholds may change at any time without giving Affiliates any notice. Commissions for actions reported by the advertiser will only be recovered if the advertiser has paid Adzhub in full. Affiliates are not required to get paid by Adzhub if they execute actions for which the advertiser does not pay.
7.2. Adzhub will increase the frequency of payments to once per week if Affiliate has already received one payment from Adzhub and is configured to accept payments online. All additional conditions and payment restrictions listed in item 6.1 still apply to weekly payments. Affiliates that break Adzhub’s rules might not be able to get paid every week.
7.3. The Affiliate may seek a claim against the relevant Advertiser(s) for any unpaid commissions if an Advertiser defaults and Adzhub chooses, at its sole discretion, not to pay the Affiliate; Adzhub disclaims all liability for this payment.
7.4 Adzhub or the Advertiser may reverse any action that the Affiliate creates. Reversals of actions can happen for a number of reasons, including as duplicate actions, illegally produced actions, nonpayment, Affiliates that violate the Agreement, missing or inaccurate data, or goods returns. Even for Actions that occurred while the Affiliate was already getting paid, reversals are possible at any time.
7.5. Affiliates shall compensate Adzhub for any Actions for which they have already received money in the event that reversals are applied to those Actions.
- Proclamations and Promises
8.1 Each Party certifies and ensures that it has full corporate legitimacy, the capacity, and the authority to sign this agreement, grant the rights and permissions mentioned, and take the required steps to meet its responsibilities.
8.2 Except as expressly provided in this Agreement, each Party acknowledges that the other Party has not made any promises, guarantees, or commitments regarding the subject matter of this Agreement.
- Failure to Prevent Conflict.
9.1 For as long as Affiliate is a member of the Adzhub Network and for the twelve (12) months after Affiliate’s membership in the Adzhub Network ends, Affiliate is not allowed to seek out or hire any Advertiser that Affiliate knows to be a Adzhub Advertiser in order to offer goods or services that are competitive with Adzhub, nor may Affiliate get in touch with such Advertisers for any reason.
- Limitations on Liability
10.1. EITHER PARTY WILL NEVER BE LIABLE TO THE OTHER FOR INDIRECT, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES OR COSTS, UNDER ANY PARTY, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING FROM AFFILIATE PARTICIPATION IN THE Adzhub NETWORK.
Adzhub will never be held accountable to an affiliate for more than the amount given to them under this agreement. No action, lawsuit, or proceeding may be brought against Adzhub after a year from the date of service.
10.2 The affiliate agrees to absolve advertisers and Adzhub of all responsibility for service outages.
- Damages compensation
11.1. Affiliate agrees to indemnify and hold harmless Advertiser, Adzhub, and all of its officers, directors, agents, and employees from any liability to third parties resulting from the indemnifying party’s actions, those of its users or customers, or anything in between.
Any legal liability arising from or connected to the Affiliate’s website or websites, any content that Users may link to via the Affiliate’s website or websites, and/or any complaints from consumers, governments, or regulatory agencies regarding any privacy violation, regulatory compliance issue, email campaign, or other advertising campaign that the Affiliate conducts, including but not limited to complaints about fraud or spam, and/or complaints about not having the required authorization to conduct such a campaign to the consumer.
- Exclusive data
12.1. Affiliate agrees not to disclose to any third party any sensitive information that belongs to the Advertiser or Adzhub without first obtaining written approval from Adzhub. This includes, but is not limited to, commission rates, conversion rates, email addresses, fees, and Advertiser names.
- Natural Disasters
13.1 Neither Party shall be considered in default of this Agreement in the event of an act of God, fire, natural disaster, accident, terrorism, riots, government actions, shortage of materials or supplies, or any other cause beyond reasonable control of such Party; provided, however, that the Party whose performance is affected by any such event gives written notice of such event to the other Party within three (3) business days of the event or occurrence.
- The link
The parties heretofore are independent, non-exclusive contractors. Neither Party shall be regarded as the other Party’s representative, agent, partner, employee, or joint venture, nor shall either Party have the authority to enter into any contracts or assume any responsibilities or obligations on the other Party’s behalf.
- Remedies
15.1. Adzhub maintains the right to refuse payment and take necessary legal action to recoup its damages if an Affiliate violates the terms of this Agreement, breaches the claims and warranties provided herein, or commits fraud against Adzhub. Unless otherwise specified, a Party’s rights and remedies under the Agreement are cumulative and are not in lieu of any other rights and remedies the Party may have under the law or in justice.
16. The Whole Contract
16.1 This Agreement is the only and final agreement between the Parties with respect to the transactions described herein, and it supersedes all prior written, oral, explicit, and implied agreements.
- Relevant Law
17.1. The rights and obligations of the Parties under this Agreement shall be governed and applied in accordance with Indian law.
- Completion
18.1 This Agreement may be terminated by either Party. We may instantly terminate this agreement and provide you notice if you break it.
18.2 An Advertiser may terminate an Affiliate from the Advertiser’s program for any reason or for no reason at all.
18.3 The permissions granted by this Agreement will expire upon its termination, and Affiliate will immediately remove any links to Advertiser(s) and ads.