Publisher Terms and Conditions
Affiliate Program Operating Agreement This Affiliate Program Operating Agreement (the “Agreement”) is made and entered into by and between Addictive Ads Inc. (“Addictive Ads Inc.” or “we”), and you, (“you” or “Affiliate”) the party submitting an application to become an Addictive Ads Inc. affiliate). The terms and conditions contained in this Agreement apply to your participation with http://www.addictiveads.com (“Affiliate Program”). Each Affiliate Program offer (an “Offer”) may be for any offering by Addictive Ads Inc. or a third party (each such third party a “Client”) and may link to a specific website for that particular Offer (“Program Web Site”). Furthermore, each Offer may have additional terms and conditions on pages within the Affiliate Program and are incorporated as part of this Agreement. By submitting an application or participating in an Offer, you expressly consent to all the terms and conditions of this Agreement.
- We will make available to you via the Affiliate Program graphic and textual links to the Program Web Site and/or other creative materials (collectively, the “Links”) which you may display on web sites owned or controlled by you, in emails sent by you and clearly identified as coming from you and in online advertisements (collectively, “Media”). The Links will serve to identify you as a member of our Affiliate Program and will establish a link from your Media to the Program Web Site.
- We will pay Affiliate for each Qualified Action (the “Commission”). A “Qualified Action” means an individual person who
- accesses the Program Web Site via the Link, where the Link is the last link to the Program Web Site,
- is not a computer generated user, such as a robot, spider, computer script or other automated, artificial or fraudulent method to appear like an individual, real live person,
- is not using pre-populated fields
- completes all of the information required for such action within the time period allowed by Addictive Ads Inc. and
- is not later determined by Addictive Ads Inc. to be fraudulent, incomplete, unqualified or a duplicate.
- We will pay you any Commissions earned monthly, provided that your account is currently greater than $250 and the Affiliate will incure wire fees. Accounts with a balance of less than $250 will roll over to the next month, and will continue to roll over monthly until $250 is reached. If a payment of less than $250 is granted, the payment will be made via Paypal and the Affiliate will incur the Paypal fees. We reserve the right to charge back to your account any previously paid Qualified Actions that are later determined to have not met the requirements to be a Qualified Action.
- Payment for Commissions is dependent upon Clients providing such funds to Addictive Ads Inc., and therefore, you agree that Addictive Ads Inc. shall only be liable to you for Commissions to the extent that Addictive Ads Inc. has received such funds from the Clients. You hereby release Addictive Ads Inc. from any claim for Commissions if Addictive Ads Inc. has not received such funds from the Clients.
- Addictive Ads Inc. shall automatically generate an invoice on behalf of Affiliate for all Commissions payable under this Agreement and shall remit payment to Affiliate based upon that invoice. All tracking of Links and determinations of Qualified Actions and Commissions shall be made by Addictive Ads Inc. in its sole discretion. In the event that Affiliate disputes in good faith any portion of an invoice, Affiliate must submit that dispute to Addictive Ads Inc. in writing and in sufficient detail within thirty (30) days of the date on the invoice. If Affiliate does not dispute the invoice as set forth herein, then Affiliate agrees that it irrevocably waives any claims based upon that invoice. In the event that Affiliate is also tracking Qualified Actions and Affiliate claims a discrepancy, Affiliate must provide Addictive Ads Inc. with Affiliate’s reports within three (3) days after 30th day of the calendar month, and if Addictive Ads Inc.’s and Affiliate’s reported statistics vary by more than 10% and Addictive Ads Inc. reasonably determines that Affiliate has used generally accepted industry methods to track Qualified Actions, then Addictive Ads Inc. and Affiliate agree to make a good faith effort to arrive at a reconciliation. If the parties are unable to arrive at a reconciliation, then Addictive Ads Inc.’s numbers shall govern.
- If Affiliate has an outstanding balance due to Addictive Ads Inc. under this Agreement or any other agreement between the Affiliate and Addictive Ads Inc., whether or not related to the Affiliate Program, Affiliate agrees that Addictive Ads Inc. may offset any such amounts due to Addictive Ads Inc. from amounts payable to Affiliate under this Agreement.
Affiliate also agrees to:
- Have sole responsibility for the development, operation, and maintenance of, and all content on or linked to, your Media.
- Ensure that all materials posted on your Media or otherwise used in connection with the Affiliate Program
- are not illegal,
- do not infringe upon the intellectual property or personal rights of any third party and
- do not contain or link to any material which is harmful, threatening, defamatory, obscene, sexually explicit, harassing, promotes violence, promotes discrimination (whether based on sex, religion, race, ethnicity, nationality, disability or age), promotes illegal activities (such as gambling), contains profanity or otherwise contains materials that Addictive Ads Inc. informs you that it considers objectionable (collectively, “Objectionable Content”).
- Not make any representations, warranties or other statements concerning Addictive Ads Inc. or Client or any of their respective products or services, except as expressly authorized herein.
- Make sure that your Media does not copy or resemble the look and feel of the Program Web Site or create the impression that your Media is endorsed by Addictive Ads Inc. or Clients or a part of the Program Web Site, without prior written permission from us.
- Comply with all
- obligations, requirements and restrictions under this Agreement and
- laws, rules and regulations as they relate to your business, your Media or your use of the Links.
- Comply with the terms, conditions, guidelines and policies of any third party services used by Affiliate in connection with the Affiliate Program, including but not limited to, email providers, social networking services and ad networks.
- Always prominently post and make available to end-users any terms and conditions in connection with the Offer set forth by Addictive Ads Inc. or Client, or as required by applicable laws regarding such Offers.
- Make sure to not place Addictive Ads Inc. ads on any online auction platform (i.e. eBay, Amazon, etc).
The following additional program-specific terms shall apply to any promotional programs set forth below:
- Email Campaigns. For all email campaigns, Affiliate must download the “Suppression List” from the Offers section of Addictive Ads Inc.. Affiliate shall filter its email list by removing any entries appearing on the Suppression List and will only send emails to the remaining addresses on its email list. Addictive Ads Inc. will provide an opt-out method in all Links, however, if any opt-out requests come directly to Affiliate, Affiliate shall immediately forward them to Addictive Ads Inc. at email@example.com. Affiliate’s emails containing the Links may not include any content other than the Links, except as required by applicable law.
- Affiliate agrees that failure to download the Suppression List and remove all emails from the database before mailing may result in Commission withholdings, removal or suspension from all or part of the Affiliate Program, possible legal action and any other rights or remedies available to Addictive Ads Inc. pursuant to this Agreement or otherwise. Affiliate further agrees that it will not mail or market to any suppression files generated through the Addictive Ads Inc. network, and that doing so may result in Commission withholdings, removal or suspension from the Affiliate Program, possible legal action and any other rights or remedies available to Addictive Ads Inc. pursuant to this Agreement or otherwise.
- Advertising Campaigns. No Links can appear to be associated with or be positioned on chat rooms or bulletin boards unless otherwise agreed by Addictive Ads Inc. in writing. Any pop-ups/unders used for the Affiliate Program shall be clearly identified as Affiliate served in the title bar of the window and any client-side ad serving software used by Affiliate shall only have been installed on an end-user’s computer if the function of the software is clearly disclosed to end-users prior to installation, the installation is pursuant to an affirmatively accepted and plain-english end user license agreement and the software be easily removed according to generally accepted methods.
- Affiliate Network Campaigns. For all Affiliate’s that maintain their own affiliate networks, Affiliate agrees to place the Links in its affiliate network (the “Network”) for access and use by those affiliates in Affiliate’s Network (each a “Third Party Affiliate”). Affiliate agrees that it will expressly forbid any Third Party Affiliate to modify the Links in any way. Affiliate agrees to maintain its Network according to the highest industry standards. Affiliate shall not permit any party to be a Third Party Affiliate whose web site or business model involves content containing Objectionable Content. All Third Party Affiliates must be in good standing with Affiliate. Affiliate must require and confirm that all Third Party Affiliates affirmatively accept, through verifiable means, this Agreement prior to obtaining access to the Links. Affiliate shall promptly terminate any Third Party Affiliate who takes, or could reasonably be expected to take, any action that violates the terms and conditions of this Agreement. In the event that either party suspects any wrongdoing by a Third Party Affiliate with respect to the Links, Affiliate shall promptly disclose to Addictive Ads Inc. the identity and contact information for such Third Party Affiliate. Affiliate shall promptly remove any Third Party Affiliate from the Affiliate Program and terminate their access to future Offers of Addictive Ads Inc. in the Network upon written notice from Addictive Ads Inc.. Unless Addictive Ads Inc. has been provided with all truthful and complete contact information for a Third Party Affiliate and such Third Party Affiliate has affirmatively accepted this Agreement as recorded by Addictive Ads Inc., Affiliate shall remain liable for all acts or omissions of any Third Party Affiliate.
- API integrated publishers- Offers may be paused or resumed at any time without prior notification.
In the event that Publisher whether without anyone else’s input or through its outsiders furnish Addictive Ads with any Personal Data as characterized under General Data Protection Regulation (“GDPR”) for clients situated in EEA, Publisher will as the Controller execute a significant information security understanding for setting out the terms of Processing (accordingly terms are characterized under GDPR) by Addictive Ads. The distributor might guarantee that neither Publisher nor its outsiders including Advertisers should share any EEA client Personal Data with Addictive Ads but to the degree, such an information security assertion has been executed.
If You are a GDPR compliant Demand Partner/Publisher, you agree to accept the terms of Addictive Ads’s Data Protection Module as set out in “http://addictiveads.com/data-protection/publisher-data-protection-module” where you are receiving EEA user Personal Data as defined under GDPR from Addictive Ads. Where you intend to share any EEA user Personal Data as defined under GDPR with Addictive Ads/Media Company, please share your data protection agreement with us for review. You agree not to share any EEA user Personal Data with Addictive Ads except where such a data protection agreement has been executed.
You may not alter, modify, manipulate or create derivative works of the Links or any Addictive Ads Inc. graphics, creative, copy or other materials owned by, or licensed to, Addictive Ads Inc. in any way. You are only entitled to use the Links to the extent that you are a member in good standing of the Affiliate Program. We may revoke your license anytime by giving you a written notice. Except as expressly stated herein, nothing in this Agreement is intended to grant you any rights to any of Addictive Ads Inc.’s trademarks, service marks, copyrights, patents or trade secrets. You agree that Addictive Ads Inc. may use any suggestion, comment or recommendation you choose to provide to Addictive Ads Inc. without compensation. All rights not expressly granted in this Agreement are reserved by Addictive Ads Inc..
- Addictive Ads Inc. determines that you have violated this Agreement,
- Addictive Ads Inc. receives any complaints about your participation in the Affiliate Program which Addictive Ads Inc. reasonably believes to violate this Agreement or
- any Qualified Action is later determined to have not met the requirements set forth in this Agreement or on the Affiliate Program.
Such withholding or freezing of Commissions, or charge backs for paid Commissions, shall be without regard as to whether or not such Commissions were earned as a result of such breach. In the event of a material breach of this Agreement, Addictive Ads Inc. reserves the right to disclose your identity and contact information to appropriate law enforcement or regulatory authorities or any third party that has been directly damaged by your actions.
It is solely your obligation to ensure that the email complies with the Act. You agree not to rely upon Addictive Ads Inc.’s approval of your email for compliance with the Act, or assert any claim that you are in compliance with the Act based upon Addictive Ads Inc.’s approval.
We have the right to withhold payment if in violation of the following:
- Wrong Install Country – Installs coming through countries other than the geo in place, will be flagged. If these installs exceed 5% of total installs driven (on site ID level), it would not be billable.
- Click Injection – Installs that comes within 15 seconds and less from the click are under the risk of non-compensation.
- Old App Versions – Installs coming through App Versions that are older than that the latest available at the time of the install is under non-compensation.
- Click Spamming – We are looking at Site IDs with less than 20% installs showing from the first 2 hours of the clicks. If flagged, all installs coming from that Site ID would be rejected. That, allied to conversion rate below 0.25%, is under the risk of non-compensation.
- Incentivized Traffic – All non-incentivized activities should hit at least 5% Day 2 Retention at a site ID level. If not, the placement is under risk of non-compensation. If found on incentivized offer-wall, the whole publisher is under risk of non-compensation.
- Anonymous and Repeated Device IPs – Installs from a specific placement that has more than 50% anonymous or repeated, are under the risk of non-compensation.
- Unique Device Name Duplication – Where there are 10 or more installs attributed to a single unique Device Name, either at a site ID level or IP address level. An example of a unique device name includes a proper noun or suspicious descriptor (e.g. “Best Phone” or “Sweepstakes”) whereas a non-unique device name depicts more generic descriptors (e.g. “Android Admin” or “iPhone (5)”).
- Targeting minors – Any instances of ads appearing in under 18-skewed environments will not be billable.
- Non-approved creatives found with print/link can result in non-compensation of the placement. Use of misleading creatives with not approved conditions, if found, will result in non-compensation of the publisher.
- any failure or breach of this Agreement, including any representation, warranty, covenant, restriction or obligation made by Affiliate herein,
- any misuse by Affiliate, or by a party under the reasonable control of Affiliate or obtaining access through Affiliate, of the Links, Offers or Addictive Ads Inc. or Client intellectual property, or
- any claim related to your Media, including but not limited to, the content contained on such Media (except for the Links).
Addictive Ads Inc. hereby agrees to indemnify, defend and hold harmless Affiliate and its subsidiaries, affiliates, partners, and their respective directors, officers, employees, owners and agents against any and all claims, actions, demands, liabilities, losses, damages, judgments, settlements, costs, and expenses (including reasonable attorneys’ fees and costs) based on a claim that Addictive Ads Inc. is not authorized to provide you with the Links.
This Agreement and the ensuing relationship between the Parties shall be construed in accordance with and governed by Canadian law. Any dispute, controversy or claim arising out of or in connection with this Agreement, or the breach, termination, or invalidity thereof, shall be finally settled by courts of British Columbia, Canada.
By submitting and application to Affiliate Program, you affirm and acknowledge that you have read this Agreement in its entirety and agree to be bound by all of its terms and conditions. If you do not wish to be bound by this Agreement, you should not submit an application to Affiliate Program. If an individual is accessing this Agreement on behalf of a business entity, by doing so, such individual represents that they have the legal capacity and authority to bind such business entity to this Agreement. This Agreement was last revised on 05-14-2018.