This Network Agreement contains the complete terms and conditions that apply to an individual's or entity's participation in the Adertising365.com Advertiser Network. As used in this Agreement, "we" means Advertising365.com its owners and its operators and "you" means the individual or entity which applied as the "account holder" in our records as provided by you.
1.1 By displaying Ads on our network you agree to be bound by all the terms and conditions set out in this agreement. WE will automatically become counter-party to this Agreement.
1.2 If you do not wish to accept all the terms and conditions of this agreement, then you must not create, activate or use the Advertising365.com Network.
2.1 "Platform" means the Advertising365.com (https://www.Advertising365.com) website and back office ATS platform software.
2.2 "Network" means the Network of Publishers who deliver content to thier websites and content pages for the Advertisers.
2.3 "Publisher" means an individual or entity that displays Ads for the Network.
2.4 "Ad Media" means the graphical Ad media you upload to display accross the Advertising365.com Network and the individual campaign settings you set.
2.5 "Landing Page" means the URL that a click on your Ad media is delivered to.
2.6 "Click Fee" means the fee you agree to pay for each Click on any of your Ad Media that is produced by Publishers within our Network.
III. TERMS & CONDITIONS
3.1 Identity and Disclosure. You must provide true and complete information to us at all times; including but not limited to, your identity, contact information, payment instructions, nationality, residency and any other information that we may request from time to time.
3.2 Responsible Advertising. You will be solely responsible for the Ad Media you upload to the Advertising365.com Network Plaform to be delivered accross our Publisher network. You represent and warrant that you will not upload or link to any Ad Media that contains any material which is libellous, unlawful or otherwise unsuitable. Unsuitable Ad Media includes but is not limited to Ad Media or destination websites which display child pornography or other illegal acts, promote violence, promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age, promote any illegal activities and/or violate the intellectual property rights of others. Any breach of this provision 3.2 will result in your account being Terminated immediately.
3.3 Publicity Policy. You shall not create, publish, distribute or permit any written material that makes reference to us, without first submitting such material to us and receiving our written consent.
IV. Reports & Payments
4.1 Reports. We will track and report all advertising campaigns as necessary to summarize your Ad media activity and advertising fees. You will be provided with remote, unique password protected online access to your account back office at all times, except where access is temporarily suspended due to maintanance and platform upgrades.
4.2 Tracking. In pursuit of state of the art systems, we may at any time change how the tracking is performed as we in our sole discretion decide from time to time. Advertisers aknowledge and agree that whilst our tracking system is as close to 100% reliable as possible some suspect traffic may elude our security systems. We continue to update and upgrade our security technology as often as possible.
4.3 Account Funds. Funds can be credited to your account using a variety of payment methods. PayPal and Credit and Debit Cards via PayPal's WebAccept service are instantly credited to your account. International Direct Bank Transfer and Crypto Payment with Bitcoin, Eth and XRP are credited to your account the same day as funds are received. All funds credited to your advertiser account are non-refundable.
4.4 Advertiser Fees. You the Advertiser set the Click Fee you will pay for each click by a user on your Ad Media. You can edit the Click Fee for any Campaign Ad Media in real time from your account back office.
4.5 Minimum Account Credit. The minimum amount you can credit to your advertiser account is £/$/€ 50.00 and ¥10,000.
4.6 Monthly Statement. A monthly statement report of how your Click Fees were calculated can be created and viewed in your back office account.
V. TERM AND TERMINATION
5.1 Term and Termination. This Agreement will take effect when you activate your account and will be continuous unless and until either party notifies the other party, in writing, that it wishes to terminate the agreement, in which case, the agreement will terminate immediately. TERMINATION IS AT WILL BY EITHER PARTY.
5.2 Effect of Termination The following will apply upon the effective date of termination:
-(a) You will remove all Ad Media and campaigns from your account;
-(b) All rights and licenses given to you under this agreement will terminate immediately;
-(c) You will return all confidential information and cease use of any of our trade names, trademarks, service marks, logos, banners and other designations;
-(d) If Termination is caused by a breach of any provision of this agreement by the Advertiser all account fund balances will be forfeited by the Advertiser and donated to a worthy charitable cause supported by Advertising365.com.
5.3 Suspension of Ad Media. In the event you breach any provision of this Agreement and/or we receive a complaint against your Ad media or Landing Pages, we may in our sole discretion, disable that particular Ad Campaign, with or without notice, temporarily or permanently. In such cases, it is our sole option to suspend or disable your Ad Media on a code by code basis rather than completely terminating this agreement. The fact that we chose to leave some Ad Media live does not entitle you to have all Media operational or reactivated, nor does it entitle you to compensation for the disabled Ad Media.
6.1 No Warranties. WE DO NOT WARRANT THAT OUR SYSTEM, NETWORK, SOFTWARE OR HARDWARE (OR THAT PROVIDED TO US BY THIRD PARTIES) WILL BE ERROR-FREE OR UNINTERRUPTED. WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE QUALITY, MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE OR SUITABILITY OF OUR SYSTEM, NETWORK, SOFTWARE OR HARDWARE (OR THAT PROVIDED TO US BY THIRD PARTIES). WE (OR OUR PROVIDERS OR UNDERLYING VENDORS) ARE NOT REQUIRED TO MAINTAIN REDUNDANT SYSTEM(S), NETWORK, AND SOFTWARE OR HARDWARE.
6.2 Billing and Collection Limitations. We may in our sole discretion, with or without notice, use any available means to restrict certain users or groups so as to reduce the number of fraudulent, transactions or for any reason whatsoever.
6.3 Liability Limitations. Our obligations under this agreement do not constitute personal obligations of the directors, officers, employees or shareholders of Advertising365.com. Any liability arising under this agreement will be satisfied solely from the revenues generated hereunder. Our liability is limited to direct damages, and in no event will we be liable for any indirect, special, incidental, consequential or punitive loss, injury or damage of any kind (regardless of whether we have been advised of the possibility of such loss).
VII. INDEPENDENT INVESTIGATION
7.1 Independent Investigation. YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS. YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF MARKETING OUR NETWORK AD MEDIA AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT.
7.2 Independent Research. You understand that advertising laws may vary from state to state and country to country. YOU HAVE INDENDENTLY EVALUATED THE LAWS IN YOUR LOCALE WHICH APPLY TO YOUR ACTIVITIES AND BELIEVE THAT YOU MAY PARTICIPATE IN OUR NETWORK WITHOUT VIOLATING ANY APPLICABLE LAWS.
7.3 Non Exclusive. YOU UNDERSTAND THAT WE MAY AT ANY TIME (DIRECTLY OR INDIRECTLY), ENTER INTO TERMS WITH OTHER ADVERTISERS AND THAT SUCH OTHER ADVERTISERS MAY BE SIMILAR AND EVEN COMPETE WITH YOU.
8.1 Notices. All notices pertaining to this Agreement will be given by email as follows: to us at notice @ advertising365.com
; and, to you at address provided on our online signup form (or as subsequently updated by you to us in the event of change).
8.2 Relationship of Parties. There is no relationship of exclusivity, partnership, joint venture, employment or franchise between you or us under this agreement. Neither party has the authority to bind the other nor to incur any obligation on the other's behalf, except as expressly provided herein. Nothing in this Agreement will be construed to provide any rights, remedies or benefits to any person or entity not a party to this agreement.
8.3 Assignment. This Agreement and the rights and obligations hereunder may not be assigned by you without our express written consent.
8.4 Entire Agreement. This Agreement embodies the complete agreement and understanding of the parties hereto with respect to the subject matter hereof and supersedes and pre-empts any prior understandings or agreements between the parties, written or oral, which may be related to the subject matter hereof. The headings in this agreement are for convenience only and will have no effect on the construction of this agreement.
8.5 Modification. We may modify any of the terms of this Agreement at any time, in our sole discretion, by emailing you a change notice or by posting the new agreement on our site. Modifications may include, for example, changes in the scope of rules and regulations. IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOUR ONLY RECOURSE IS TO TERMINATE THIS AGREEMENT. YOUR CONTINUED PARTICIPATION IN THE NETWORK FOLLOWING POSTING OR NOTICE OF CHANGE WILL BE DEEMED BINDING ACCEPTANCE OF THE MODIFICATION.
8.6 Sever ability/waiver. Whenever possible, each provision of this agreement will be interpreted in such a manner as to be effective and valid under applicable law but, if any provision of this agreement is held to be invalid, illegal or unenforceable in any respect, such provision will be ineffective only to the extent of such invalidity, or unenforceability, without invalidating the remainder of this agreement or any provision hereof. No waiver will be implied from conduct or failure to enforce any rights and must be in writing to be effective.
8.7 Governing Law. The validity of this Agreement, its construction, interpretation, and enforcement, and the rights of the parties hereto will be determined under, governed by, and construed in accordance with the laws of United Kindgom.
8.8 Force Majeure. The parties' obligations under this agreement are subject to and neither party will be liable for, failure to perform, damage, or malfunction of any equipment, or any consequences
thereof occasioned by or due to fire, flood, water, the elements, labour disputes, power failures, explosions, governmental actions, unavailability of transportation, acts or omission of third-parties,
or any other causes beyond the party's reasonable control.
IN WITNESS WHEREOF, you expressly agree to the terms and conditions of this agreement by activating your Advertiser Account.