Terms and Conditions
TERMS AND CONDITIONS
The Appmediation General Terms and Conditions apply to all our products and services and encompass legal rules, rights and obligations for Appmediation and its clients.
1. APPLICABILITY OF THE CONDITIONS
Appmediation OÜ (a company duly incorporated and validly existing under the laws of the Republic of Estonia with registry number 14360676 and registered seat at Kentmanni 4, TALLINN 10116, ESTONIA; hereinafter referred to as “Appmediation”) is a digital advertising technology company that provides services for app monetization and promotion. BY USING ANY OF APPMEDIATION SERVICES, YOU AGREE TO THESE GENERAL TERMS AND CONDITIONS; PLEASE READ THEM CAREFULLY. SOME OF THE TERMS AND CONDITIONS PROVIDED HEREIN APPLY TO YOU ONLY DEPENDENT ON WHETHER YOU ACT AS A PUBLISHER OR AS AN ADVERTISER; PLEASE PAY ATTENTION TO THE RESPECTIVE EXPLANATION AT THE BEGINNING OF RELEVANT SECTIONS. Additional terms or service conditions may apply and be shown separately. These additional terms become part of your agreement with Appmediation and all the policies made available to you therein must be followed. If you do not agree to all the terms and conditions of this contract, then you may not use any of Appmediation services.
The general terms and conditions of the partnership contained herein constitute the basis of the commercial relationship between Appmediation and (i) you as a natural person or (ii) you as a legal person (if the Contract is made by a natural person on behalf of a respective legal person) (hereinafter referred to as “you”) who is using Appmediation products and services.
Appmediation reserves the right, at its sole discretion, to change, modify, add or remove portions of any part of APPMEDIATION GENERAL TERMS AND CONDITIONS, at any time. Appmediation will notify you about the changes to its general terms and conditions either by e-mail, your Appmediation Account (if any) or through Appmediation Website (including applicable third party terms and conditions to which references are made via e-mail, Appmediation Account or the Appmediation Website). Your continued use of the Appmediation services means that you accept and agree to the changes. As long as you accept and follow this contract, Appmediation grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use Appmediation services. Exceptions to these policies are permitted only with explicit authorization from Appmediation.
2. SITE USAGE AGREEMENT
This site usage agreement applies to your use of the Appmediation Website as defined in these Appmediation general terms and conditions.
The Appmediation Website is the property of Appmediation. It is accessible worldwide and is administrated and operated from Tallinn, Harjumaa, Estonia. Some services may be administered and operated also from various locations outside of the Estonian Republic.
2.1. PROPERTY OF CONTENT
All site, product and services content (hereinafter “Content”) as text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, artwork and computer code, including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on the Appmediation Website is owned, controlled or licensed by Appmediation, and is protected by trade dress, copyright and trademark laws, and various other intellectual property rights and unfair competition laws.
NO PART AND NO CONTENT MAY BE COPIED, REPRODUCED, REPUBLISHED, POSTED, PUBLICLY DISPLAYED, ENCODED, TRANSLATED, TRANSMITTED OR DISTRIBUTED IN ANY WAY (INCLUDING “MIRRORING” AND SCREENSHOTS) TO ANY OTHER COMPUTER, SERVER, WEB SITE OR OTHER MEDIUM FOR PUBLICATION OR DISTRIBUTION OR FOR ANY COMMERCIAL ENTERPRISE, WITHOUT APPMEDIATION EXPRESS PRIOR WRITTEN CONSENT.
You may use information about Appmediation products and services purposely made available by Appmediation for downloading from the Appmediation Website, provided that you (1) not remove any proprietary notice language in all copies of such documents, (2) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (3) make no modifications to any such information, and (4) not make any additional representations or warranties relating to such documents.
You may not use any automatic device, program, algorithm or methodology such as “deep-link”, “page-scrape”, “robot”, “spider” or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Appmediation Website or any of its Content, or in any way reproduce or circumvent the navigational structure or presentation of the Appmediation Website or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Appmediation Website. Appmediation reserves the right to bar any such activity.
You may not attempt to gain unauthorized access to any portion or feature of the Appmediation Website, or any other systems or networks connected to the Appmediation Website or to any Appmediation server, or to any of the services offered on or through the Appmediation Website, by hacking, password “mining” or any other illegitimate means.
You may not probe, scan or test the vulnerability of the Appmediation Website or any network connected to the Appmediation Website, nor breach the security or authentication measures on the Appmediation Website or any network connected to the Appmediation Website. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Appmediation Website, or any other customer of Appmediation, including any Appmediation Account not owned by you, to its source, or exploit the Appmediation Website or any service or information made available or offered by or through the Appmediation Website, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Appmediation Website.
You may not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Appmediation Website or Appmediation systems or networks, or any systems or networks connected to the Appmediation Website or to Appmediation.
You may not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Appmediation Website or any transaction being conducted on the Appmediation Website, or with any other person’s use of the Appmediation Website.
You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to Appmediation on or through the Appmediation Website or any service offered on or through the Appmediation Website. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.
You may not use the Appmediation Website or any Content for any purpose that is unlawful or prohibited by this Agreement, or to solicit the performance of any illegal activity or other activity, which infringes the rights of Appmediation or others.
2.3. LINK TO OTHER SITES
Appmediation Website and service activity may contain links to other independent third-party sites or applications. Such linked sites or applications are not under Appmediation control, and Appmediation is not responsible for and does not endorse the content of such sites or applications, including any information or materials contained on such sites or applications. You will need to make your own independent judgment regarding your interaction with these sites or applications.
2.4. INTELLECTUAL PROPERTY
Subject to your compliance with this site usage agreement, AdppMediation grants you a revocable, limited, non-exclusive, non-transferable and non-sublicensable license to access and use Appmediation services and products (including scripts, software, promo materials etc.).
You may not copy, modify, distribute, sell, or lease any part of our services or included products, nor may you reverse engineer or attempt to extract the source code of that product, unless you have explicit written permission. You will not remove, obscure, or alter copyright notice, brand features, or other proprietary rights notices affixed to or contained within any Appmediation services, products, site, content and documentation.
2.5. VIOLATION OF THE AGREEMENT
You agree that Appmediation may, in its sole discretion and without prior notice, terminate your access to the Appmediation Website and/or block your future access to the Appmediation Website if we determine that you have violated this site usage agreement or other agreements or guidelines which may be associated with your use of the Appmediation Website. You agree that Appmediation will not be liable to you or to any third party for termination of your access to the Appmediation Website as a result of any violation of this site usage agreement by you.
3. ACCOUNT USAGE AGREEMENT
Services offered on or through Appmediation Website may require you to open an account. Any natural person with full active legal capacity or any legal person may apply for an Appmediation Account. To get service access as Publisher you need to register an account on the Appmediation Platform.
APPMEDIATION RESERVES THE RIGHT TO ACCEPT OR REJECT YOUR ACCOUNT REGISTRATION REQUEST WITHOUT ADDITIONAL EXPLANATION. FURTHERMORE, APPMEDIATION RESERVES THE RIGHT TO DEFINE THE SCOPE OF FEATURES, SERVICES AND TOOLS AVAILABLE FOR YOUR ACCOUNT.
After submitting the registration form, you will receive an email notification with further instructions to confirm your request. Registering an account on the Appmediation Platform implies full and total acceptance of all Appmediation policies, terms and conditions.
You are entirely responsible for maintaining the confidentiality of the information you hold for your account, including your password, and for any and all activity that occurs under your account as a result of your failing to keep this information secure and confidential. IN CASE OF ANY UNAUTHORIZED USE OF YOUR ACCOUNT, OR ANY OTHER BREACH OF SECURITY, YOU AGREE TO NOTIFY APPMEDIATION IMMEDIATELY. Try not to reuse your Appmediation Account password on third-party services.
You may not transfer your account to anyone without explicit written permission of Appmediation and you may not use anyone else’s account or password at any time without the express permission and consent of the holder of that account. Appmediation cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations. You will be held liable for losses due to someone else using your account or password as a result of your failing to keep your account information secure and confidential.
To open an Appmediation Account and start using Appmediation services you must provide your real name(s) and full personal and/or company registration information including payment data, if required. All information you provide upon registration must be accurate and up-to-date. You may not provide any false information, or create an account for anyone other than yourself without respective authorization. The representative of a legal person making the Appmediation Account on behalf of the legal person must ensure that they have all the necessary rights and powers to do that.
In order to verify your account, Appmediation may request additional verification information, such as a copy / scan of your passport, ID card, driver’s license, utilities bills, payment method details. Furthermore, Appmediation may also ask for SMS verification.
THE SOLE OWNERSHIP OF MULTIPLE ACCOUNTS IS PROHIBITED.
Appmediation reserves the right to add, to edit, remove or reclaim any account (including your submissions) with or without your request if deemed appropriate.
Appmediation may immediately block your account at any moment if you engage in fraudulent activity or there is any other reason to terminate your Contract without prior notice. In case Appmediation finds at its sole discretion that there is a threat that you are engaging in any suspicious activity (including in the event when there might be a violation issue with a Wallet), you have violated the Contract or it is necessary for security reasons, Appmediation may temporarily suspend your account until the cause for suspending your account has been eliminated; or if that cannot be eliminated or you refuse or fail to eliminate it, block your account. If your account has been suspended or blocked you are prohibited from using Appmediation services. For security reasons Appmediation may in addition block your access to the entire Appmediation Website. You agree that Appmediation will not be liable to you or to any third party for termination of your access to your Appmediation Account and/or the Appmediation Website as a result of any violation of the Contract by you.
If your account has been previously suspended or blocked, or during the time your account has been temporarily blocked, for any of the above reasons, you may not create another account without express permission from Appmediation.
4. QUALITY AGREEMENT
All Publishers are required to follow Appmediation quality agreement.
YOU SHOULD BE FULLY RESPONSIBLE FOR KEEPING YOUR APPLICATION ALWAYS ONLINE AND REACHABLE BY THE USERS. IF YOUR APPLICATION IS OFFLINE, APPMEDIATION IS NOT RESPONSIBLE FOR YOUR LOSSES OR UNEXPECTED SPENDINGS.
This quality agreement covers the most common forms of deceptive or manipulative behavior, but Appmediation may respond negatively also to other misleading practices not listed here. It is not safe to assume that just because a specific deceptive technique isn’t included, Appmediation approves of it.
4.1. PUBLISHER QUALITY GUIDELINE
In order to ensure a good experience for Internet users and Advertisers, you and other Publishers participating in the Appmediation program are required to follow this Publisher quality guideline.
Publisher must submit a Publisher Application to get access to Appmediation services. By submitting you allow Appmediation to use search and optimization bots to crawl your Mobile Application(s) without session IDs or arguments that track their path through the Application(s).
You should always test your Application(s) to make sure that it appears correctly in different devices and monitor your Applications performance and optimize load times. You must monitor your Application for hacking and remove hacked content as soon as it appears.
You must provide unique and relevant content that gives users a reason to visit your Application. Your Application should have a clear hierarchy and working links. Every page should be reachable from at least one static text link. Create an Application map to your users with links that point to the important parts of your Application. Do not deceive your users.
Appmediation does not check or control the activity of your Application but you should know that your Application submission may be rejected or your account may be blocked at any moment without additional review if you engage in fraudulent or illegal activity. In case of any such suspicion Appmediation may suspend your account.
YOU UNDERSTAND AND AGREE THAT APPMEDIATION WILL NOT DISPLAY ANY ADVERTISING ON REJECTED PUBLISHER APPLICATIONS OR APPLICATIONS THAT ARE PENDING REVIEW.
You declare and guarantee that your Application is not/does not contain:
Fully or partly not working Application
Application without content
Hate speech (including content that incites hatred or promotes violence against individuals or groups based on race or ethnic origin, religion, disability, gender, age, veteran status, or sexual orientation/gender identity), harassment, bullying, or similar content that advocates harm against an individual or group
Illicit drugs and drug paraphernalia content
Content that promotes, sells, or advertises products obtained from endangered or threatened species
Sales of illegal alcohol
Sales of illegal tobacco or tobacco-related products
Sales of illegal prescription drugs
Sales of illegal weapons or ammunition (e.g., firearms, firearm components, fighting knives, stun guns)
Content regarding programs which compensate users for clicking ads or offers, performing searches, surfing websites or reading emails
Any other content that is illegal, promotes illegal activity or infringes on the legal rights of others
Applications part of the Appmediation network may not be loaded by any software that:
Trigger ads automatically
Modify device settings
Redirect users to unwanted websites
Otherwise interfere with normal application navigation
After placing the Advertising tag on your Application, Appmediation will perform an initial check of your submission regarding technical quality, and determine if ads can be displayed on your Application according to the Appmediation advertisement placement policy. Your Application submission may be rejected if it does not meet these conditions.
Please note that it is your responsibility to ensure that all of your Applications where the advertisements of Appmediation Advertisers are displayed, whether these Applications are registered under your Appmediation Account or not, met this Publisher quality guideline and Appmediation advertisement placement policy at all times. Appmediation has the right to check your compliance with these policies at any point during the time your Contract with Appmediation is valid. Failure to meet the conditions set forward may result in account suspension or termination.
5. ADVERTISEMENT PLACEMENT POLICY
You are welcome to place the ads on any Publisher Applications in compliance with our policies. Multiple Advertising Spaces can help optimize your performance by leveraging Appmediation’s large inventory of ads. You can put different Appmediation advertisement formats per page.
During Appmediation’ initial check period of your App submission the Advertising Space might display a blank space (no content).
Any content will be displayed on the Advertising Space after the submission is approved.
Altering or manipulating the behaviour, targeting, appearance or delivery of ads without explicit approval from Appmediation is generally prohibited and may result in punitive actions that include but are not limited to discarding the impressions impacted and/or blocking the account.
5.1. MISLEADING CONTENT
It is important that users of your Application are not misled in any way and are able to easily distinguish content from ads. This policy prohibits placing ads under misleading headings or titles. Because ads in such a position might be mistaken for links or listings instead of advertisements, such an implementation is considered unacceptable. Monitor your Application and its layout carefully to ensure this does not happen. It is important not to encourage Internet users directly or indirectly to click Appmediation Advertisers’ ads. To avoid this issue, you are required to use only “sponsored links” or “advertisements” to label any ads.
5.2. APPLICATIONS WITH POP-UPs
Note that if pop-ups are displayed in application, they may not interfere with the navigation, change user preferences, initiate downloads, or distribute viruses. IT IS YOUR RESPONSIBILITY TO ENSURE THAT NO AD NETWORK OR AFFILIATE OR ANY OTHER USER USES SUCH METHODS TO DIRECT TRAFFIC TO APPLICATIONS THAT CONTAIN YOUR APPMEDIATION ADVERTISEMENT SDK.
5.3. COMMON ADVERTISEMENT PLACEMENT
You are welcome to display Appmediation Advertisers’ ads on the same application as other third party advertisements provided that the formatting or colors of the third party ads is different enough from that of the Appmediation ads. In other words, if you choose to place non-Appmediation ads on the same application as Appmediation ads, it should always be clear to the user that these ads are served by different advertising networks and that the non-Appmediation ads have no association with Appmediation. Please also be aware that competitor ads are considered to be part of your Application content and must follow our quality agreement and advertisement placement policy.
5.4. NOT SUBMITTED APPLICATIONS
You will be credited for all earning that are made through your SDK. If you wish to use Appmediation Advertisers’ ads on a application not associated with your Appmediation Account, you will have to make sure that this unregistered application is in compliance with our quality agreement and advertisement placement policy. If not owned by you, you need to get permission from the owner of the application to display ads on their application. You may place your SDK along with the other Publisher’s SDK-s on the same page. In addition, be aware that every Publisher is responsible for the content on which their SDK is placed. You agree that you are responsible for monitoring each application, whether registered under your Appmediation Account or not, where your Appmediation SDK appear. If a Publisher application is found in violation of Contract, we may take actions against any Publisher(s) whose ASDK is used. You agree that we might ask you to remove the Appmediation SDK from unregistered applications partly or fully for whatever reasons. Please note that when you use SDK on the same applications as other Publishers, you will still only be credited for these earnings that were made through the SDK belonging to your own Appmediation Account. In other words, if the Application includes SDK from different Publishers, each of them will be credited independently.
5.5. HOSTED APPLICATIONS
You are welcome to place Appmediation SDK on any application, which comply with Contract, including hosted applications. However, please be aware that in order to use Appmediation services, you’ll need to have access to your applications’s source code. Also, it is your responsibility to check with your host and determine if using Appmediation services is a violation of their terms of service.
5.6. PROTECTED ACCESS
You are welcome to place Appmediation Advertisers’ ads on password-protected applications as long as those applications comply with Contract. When submitting application, please make sure to provide Appmediation with a non-password-protected page for review. If your applications require a login and irrelevant ads are appearing, we may ask you to provide us a demo account to access protected pages.
5.7. MOBILE SDK
You may use the Appmediation mobile SDK (software development kits) only for the purposes set forth in this contract. Should you use the SDK to develop applications for the use of the general public, you agree to protect the privacy and rights of these users. You agree and acknowledge that you are solely responsible for any content or resources that you create, transmit or display through the application. In order to use the Appmediation SDK, you must have an active Appmediation Account.
5.8. AD EXCHANGE
You are welcome to place Advertisement SDK on third-party platforms including RTB Ad exchanges and media networks, which comply with the Contract. Your use of any Ad Exchange is based on your sole discretion and responsibility. Appmediation is not liable for your activity and results of your activity (including any loss or violation) in any Ad Exchange.
6. ANTI-FRAUD POLICY
Fraud is a subset of invalid actions that are generated with malicious or fraudulent intent in other words, actions that are intended to drive up Publishers’ revenue artificially.
Sources for these actions include, but are not limited to:
Clicking or bringing unnecessary or unnatural attention on the Campaign ads
Users or family members clicking to support the Application
Using one or several maneuvers that require or oblige an Internet user to click a Campaign ad in order to access any element of the Application or confirm participation
Using one or several maneuvers that encourage Internet users to click on an ad
Excessive page refreshes, generated either manually or automatically
Third-party programs with user incentives, such as paid-to-surf or auto-surf programs
Using one or several maneuvers that give rise to Commission. Such as double clicks, using fake e-mail address, self-registration, duplicated registration, etc.
Using automated clicking tools, online robots, or other deceptive software that are programmed to interact with advertisement
Application name mismatch
Fake install and/or attribution patterns not only limited to Appmediation but also to partner companies, such as networks and trackers
Beside artificial activity you must avoid the following techniques:
Automatically generated content
Participating in link schemes
Hidden text or links
Creating pages with malicious behavior, such as phishing or installing viruses, trojans, or other bad ware
Sending automated queries to Appmediation
Engaging in unlawful multi-level marketing
Disable, overload, or impair the proper working or appearance of Appmediation
Make any modifications to the Appmediation SDK
Intentional deception involving financial transactions
Hide fully or partially loaded advertisement content under one or multiple layers (any type of layers)
Using an iframe to serve Appmediation ads
Please note that clicking on Appmediation Advertisers’ ads that are displayed on your Publisher Application and generating conversions for any reason is totally prohibited. Clicks on Appmediation ads or done conversion must result from genuine user interest. Any method that artificially tries to generate clicks or conversions on Appmediation ads is strictly prohibited.
You may not ask others to click on Appmediation ads or use deceptive implementation methods to obtain interaction with the Advertisement Tag. This includes, but is not limited to, offering compensation of any kind (including, but not limited to, cash, gift cards, vouchers, cryptocurrencies etc) to Internet users for viewing Campaign ads or performing searches, promising to raise money for third parties for such behavior or placing images next to individual ads. In order to ensure a good experience for users you may not:
Compensate users for viewing Campaign ads, or promise compensation to a third party for such behavior
Encourage Internet users to click Appmediation ads
Direct user attention to the Campaign ads using arrows or other graphical gimmicks
Place misleading images alongside individual ads
Place Campaign ads in a floating box script
6.2. CONTENT PROTECTED BY INTELLECTUAL PROPERTY RIGHTS
As a Publisher you declare and guarantee that you do not display Appmediation ads on Applications with content protected by copyright law unless you have the necessary legal rights to display that content. This includes Sites and Applications that display copyrighted material, Sites hosting copyrighted files, or Sites that provide links driving Traffic to sites that contain copyrighted material.
As a Publisher you declare and guarantee that you do not display Appmediation ads on Applications that offer for sale or promote the sale of counterfeit goods. Goods may be defined as counterfeit good for instance when they contain a trademark or logo that is identical to or substantially indistinguishable from the trademark of another. They mimic the brand features of the product in an attempt to pass themselves off as a genuine product of the brand owner.
Please see APPMEDIATION ANTI-COUNTERFEITING & ANTI-PIRACY POLICY for more information.
6.4. FINANCE FRAUD
When using a payment method belonging to a third party, you must have the owner’s express written permission. At any moment, Appmediation may require you to submit additional documentation proof such as bank statements, third party authorization, utility bills, etc. in order to verify your identity and right to use a given payment method.
If your payment activity is deemed suspicious, Appmediation has the right to suspend your account until an investigation is concluded.
You must compensate to Appmediation any loss incurred to Appmediation with your fraudulent or other illegal activity. For compensation Appmediation may use any of your funds accessible to Appmediation by making settlements and deductions.
7. PUBLISHER AGREEMENT
The terms and conditions contained in this Publisher agreement together with any other Appmediation general terms and conditions applicable to Appmediation Publishers constitute the basis of the commercial relationship between Appmediation and you as the Publisher, in order to commercialize all or part of your Advertising Space by displaying one or several Campaigns of Appmediation Advertisers.
The conditions of the Contract between you and Appmediation prevail over all others, in particular those of yours unless specifically agreed in writing by Appmediation.
In any case, the sole fact that Appmediation does not apply one of the conditions contained herein or does not impose it at a specific moment during its dealings with you may not be construed as a tacit renunciation of the conditions stipulated herein.
7.1. ADMISSION CONDITIONS
You can become an Appmediation Publisher if you are a natural person with full active legal capacity or you are a legal person and you comply with the Contract. In order to become a Publisher on the Appmediation Platform, you must first apply for an Appmediation Account either via Appmediation Website or by directly contacting Appmediation and submit your Applications(s) for acceptance by Appmediation. To submit your Applications you must follow the guidelines provided in the Contract.
By registering your account you confirm your understanding and unreserved acceptance of the Contract.
You agree to display the Campaign advertisements according to Appmediation advertisement placement agreement and ensure that your Applications(s) follow the Appmediation quality agreement. In addition, you agree not to place Campaign advertisements on a page that contains only or principally advertising messages. Your account identifies one or several unique Applications. If you wish to display Campaign ads on several Applications (different names) you should register all of them in order to have a correct overview of your incomes. You may add, edit and remove any Application from your account at any time. Please be aware, that if you place a SDK on a previously not registered and validated, you must ensure that such Application is in compliance with Appmediation quality agreement and advertisement placement policy.
You acknowledge and agree that Appmediation has the right to request you to stop displaying Campaign ads on all or some of your Application(s), irrespective whether that particular Application has been previously registered and validated or not. Should you refuse to comply with Appmediation’s request, we have the right to immediately terminate your Contract with Appmediation.
You agree that installation of the SDK is required to display the Campaigns advertisements on your Application is fully under your responsibility.
You may remove the SDK from your Application at any moment without notifying Appmediation. You may also take part in the program(s) of other advertising networks without being obliged to give prior notice to Appmediation.
You agree to inform Appmediation promptly of all significant changes to the look and/or content of your Application. Simply changing the title of the Application as noted in the application form, or changing its hosting site, its size, its objective or its rate of update will in no case incur the automatic termination of your contractual relations with Appmediation. These relations will continue unchanged, and the Campaign advertisements will be inserted in the modified site or application, unless Appmediation decides differently, notably with regard to one or more of the non-exhaustive criteria listed in the quality agreement and the requirements of advertisement placement policy.
In any event, you acknowledge yourself to be completely independent from Appmediation. Consequently, you state and guarantee to Appmediation that you have proceeded with, or will proceed with, at your own cost and as your sole responsibility, all the required administrative obligations (e.g. obligations related with social security, taxes and any other applied obligations) concerning the activities you perform via Appmediation.
Furthermore, you agree to conform to all laws and regulations, decrees, orders and standard practice concerning the exercise of your activity or activities, whatever you may be, and to make sure personally that you have obtained all the relative authorizations, administrative or otherwise, required for this. You, as head of publication for your Application, carry the sole responsibility for its editorial content.
7.3. FRAUDULENT ACTIVITY
As a Publisher you must follow our anti-fraud and other similar requirements provided in the Contract.
Either direct or indirect, real or potential, the generation of Artificial Traffic by an Advertisement Tag that belongs to your account will entail the immediate termination of your Contract and your automatic exclusion from Appmediation services without prior notice, your immediate disconnection from Appmediation Platform, and the immediate, justified deletion of your account with no liability for compensation due from Appmediation.
You must compensate to Appmediation any loss incurred to Appmediation with your fraudulent or other illegal activity. For compensation Appmediation may use any of your funds accessible to Appmediation by making settlements and deductions.
In addition, Appmediation reserves the right to bring any necessary civil or criminal action against you and to demand, if it so decides, reimbursement of all or part of the amounts unduly paid to you as well as, if it so decides, damages and compensation.
7.4. STATISTICAL DATA
All statistics in your account are provided for informative purposes only. Your account statistics are available for the last 6-month period only. For getting statistics for more than 6-month range, you should do written request to Appmediation. Unless there any technical issues, the statistics on your account are updated live. However, you agree that provided statistics are subject to validation by Appmediation, and are subject to change without prior notice.
Appmediation might provide information about statistical data via different digital channels (Appmediation Website, API, Email report and etc.)Statistical data is provided only to give you a detailed overview of your daily earnings. Statistical data might be changed time to time and there could be data discrepancy between different digital channels. All payments and your balance data are based on wallet statement that includes all earnings, bonuses, fees, manual adjustments and any other balance movements.
7.5. INTELLECTUAL PROPERTY
Using Appmediation services does not give you ownership of any intellectual property rights in Appmediation services or the content you access.
The fact that you display on your Application the visuals and brand of an Advertiser gives you no intellectual property rights over the elements that constitute the brand or the products and services of the Advertiser.
8. FINANCIAL AGREEMENT
This financial agreement fully regulates all financial processes and operations that might be applied by Appmediation.
By using the Appmediation Platform to commercialize your advertisement space as Publisher, you agree that we may communicate with you electronically any finance information related to your account. We may also provide notices to you by posting them in your account on Appmediation Website, or by sending them to an email address or street address that you have previously provided to us. Website and email notices shall be considered received by you within 24 hours of the time posted or sent.
8.1. PUBLISHER SERVICE AGREEMENT
As a Publisher you will receive from Appmediation Commission for your participation in the promotion of Advertisers’ Campaigns. Your Commission amount is calculated based on data collected by Appmediation. You acknowledge the trustworthiness of this data, which will prevail in the event of a dispute, with regard to the measurement of all elements (impressions, pages viewed, unique visitors, commissions, etc.) of any type. All statistic data access and rules are regulated by the Publisher agreement that is part of Appmediation general terms and conditions.
Commission amounts and the way they are calculated will depend on the prices and calculation methods applied to Advertisers. Therefore, for certain Campaigns (in particular lead campaigns), the data giving rise to your Commission may first require validation by the Advertiser. If there is a disagreement between the data of Appmediation and that of the Advertiser, we will attempt to settle the disagreement with the Advertiser in order to communicate the final, agreed figures to you promptly.
Your daily earnings that you have earned based on the statistical data shall be added to your wallet statement on the following day. Your final balance will be based on wallet statement records. You fully understand and accept the fact that all payments to you will be based on your balance that is available from wallet statement page.
Appmediation has the right to provide you any bonuses with or without reason. You agree that you are not able to request bonuses from Appmediation, unless it is dictated by another promo campaign; bonus program is based on Appmediation will only.
If at the end of the validity of the Contract it appears that you have on your balance un-invoiced earnings, you may request for the payment thereof within 30 days after the termination of the Contract, provided that the amount of your un-invoiced earnings meet the payment threshold.
HOWEVER, PLEASE BE AWARE THAT IF YOUR CONTRACT WITH APPMEDIATION IS TERMINATED DUE TO THE VIOLATION OF CONTRACT BY YOU (FOR EXAMPLE DUE TO YOUR FRAUDULENT ACTIVITY), APPMEDIATION IS ENTITLED TO A CONTRACTUAL PENALTY IN THE AMOUNT OF YOUR UN-INVOICED EARNINGS AND THEREFORE, APPMEDIATION MAY REFUSE TO PAY FOR YOUR UN-INVOICED EARNINGS BY WAY OF SET-OFF OF THE CLAIMS.
Appmediation minimum payment threshold for Publishers is 100 USD (ONE HUNDRED US DOLLARS), before tax each month. Daily balance reports can be found on the wallet statement page.
In order to receive a payment, please choose your preferred payment method and fill your payment details in profile settings.. Once your account reaches the payment threshold, a payment will be automatically requested and paid between the 2nd-10th of the following month.
Invoice request must be sent in accordance with current regulations, notably regarding whether you are subject to VAT or not. The Appmediation Platform will automatically create an invoice based on the information you supplied on your request form and account data.
When you request your payment, Appmediation will have up to 30 calendar days starting from the end of payment request session (i.e. from the 25th day of the following month) to validate your request and proceed with the payment for validated invoices. Each invoice is validated by Appmediation only after your earnings have been checked for any fraudulent activity. In case your payment cannot be processed for reasons stipulated in the Contract, your earnings will be fully returned to your balance without applied fees. If your invoice is refused due to fraud, we have the right to apply all sanctions stipulated in the Contract. If you decide to cancel your payment request before the payment, your earnings will be fully returned to your balance without applied fees.
All of your paid invoices will be available to download in PDF format from your account.
Unless expressly authorized in writing by Appmediation, you may not require Appmediation to transfer your Commission or any other payment you are entitled to under the Contract to a third person.
Exceptionally, and for an additional fee, Appmediation may provide express payment services in order to speed up payment processing time. Specific terms will be determined on a case-by-case basis.
As a Publisher you must ensure your capability to receive payments from Appmediation. If the receipt of Commission or any other payment from Appmediation fails or is delayed due to your failure to comply with this obligation (including if the failure or delay is caused by a third party payment service provider you are using), Appmediation shall not be liable for such failure or delay. However, Appmediation will cooperate with you in the investigation of the failure or delay of receiving the payment.
If you believe that an unauthorized or otherwise problematic transaction has taken place under your account, you agree to notify us immediately, so that we may take action to prevent financial loss. Unless you submit the claim to us within 30 days after the charge, you will have waived, to the fullest extent permitted by law, all claims against us arising out of or otherwise related to the transaction. If you experience a technical failure or interruption of service that causes your funding transaction to fail, you may request that your transaction be completed at a later time.
If a payment is aborted by a third-party payment provider and is returned to the Appmediation Account, Appmediation commits to return those funds to your balance. You agree that transaction fees could be applied to refunded payment(s), so Appmediation reserve the right to deduct all transaction fees from your balance.
Depending on your location, you may be required to provide certain information for tax purposes. If you are required to submit tax information, you will have to mention this when registering an account or applying for Appmediation services.
If according to applicable law it is your responsibility to pay or withhold taxes on or from your transactions with Appmediation, you agree to indemnify and hold Appmediation harmless from and against any claim arising out of your failure to do so.
Appmediation performs its tax obligations according to the tax laws of the Republic of Estonia. All payments to you from Appmediation in relation to the Appmediation services will be treated as inclusive of tax (if applicable) and will not be adjusted.
8.4. BALANCE ADJUSTMENTS
APPMEDIATION HAS THE RIGHT TO MAKE ADJUSTMENTS TO YOUR BALANCE IN THE FOLLOWING CASES:
TO PAY PROMOTION BONUSES
TO DEDUCT TRANSACTION FEES
TO ADJUST BALANCE DUE TO TECHNICAL REASONS
TO ADJUST BALANCE DUE TO FRAUDULENT ACTIVITY
UPON SPECIAL AGREEMENT WITH YOU (E.G. FOR PAYMENT FOR ADDITIONAL SERVICES)
ANY RELATED INFORMATION WILL BE ADDED TO THE WALLET STATEMENT.
8.5. PAYMENT SERVICE PROVIDERS
Appmediation is using different payment service providers to process all financial operations. Information about available payment methods can be found on Appmediation Website and from our customer support. You have the right to select any payment service provider available provided your transaction meets all of the criteria set in the terms and conditions for each payment method.
You agree that Appmediation is not responsible for any actions applied by the payment service provider including but not limited to any additional transaction fees applied to your account. Appmediation has the right to switch payment service provider(s) at any time without notifying you.
For each payment method, there are different account thresholds for receiving and sending money that might be changed at any moment by Appmediation. Appmediation reserves the right to reject a financial operation or change the list of available payment options.
8.6. ADDITIONAL ACTIONS
By using Appmediation services, you acknowledge and agree that we may make any inquiries that we consider necessary, either directly or through third parties, concerning your identity and creditworthiness.
We may cancel any transaction if we believe the transaction violates the Contract, or if we believe doing so may prevent financial loss. We may also cancel any income, bonuses, prepayment, and adjustments as a result of fraudulent or illegal behavior.
In order to prevent financial loss to you or to us, we may at our sole discretion and without incurring any liability, place a delay on a payment for a period of time, or limit funding instruments for a transaction, or limit your ability to request a payment, or suspend/block your account.
In order to prevent financial loss to you or to us, we may contact your funding instrument issuer, law enforcement, or affected third parties (including other users) and share details of any payments you are associated with, if we believe doing so may prevent financial loss or a violation of law.
If you leave your account balance unused for 150 consecutive days, or if you delete your account and leave a balance, or if we suspend your account and you do not meet any conditions necessary to reinstate it within 150 days, we may process your balance to zero in accordance with Appmediation general terms and conditions.
IF YOUR CONTRACT WITH APPMEDIATION IS TERMINATED DUE TO THE VIOLATION OF CONTRACT BY YOU (E.G. DUE TO YOUR FRAUDULENT ACTIVITY), APPMEDIATION IS ENTITLED TO A CONTRACTUAL PENALTY IN THE AMOUNT OF THE BALANCE OF YOUR BLOCKED ACCOUNT AND THEREFORE, APPMEDIATION MAY REFUSE TO MAKE ANY PAYMENTS TO YOU BY WAY OF SET-OFF OF THE CLAIMS.
9.1. CUSTOMER’S LIABILITY
You are fully responsible for the due performance of your obligations under the Contract and must compensate to Appmediation any and all damages caused by the non-performance or unsatisfactory performance of your obligations.
You agree to indemnify, hold and defend Appmediation, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, clients and partners, harmless from any demands, loss, liability, claims or expenses, made against Appmediation by any and all third-party claims and liabilities arising out of or related to or arising out of or in connection with your use of the Appmediation Website, including any served content that is not provided by Appmediation, your use of the Appmediation services, or your breach of any term of the Contract.
If Appmediation takes any legal action against you as a result of your violation of the Contract, Appmediation will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to Appmediation.
YOU AGREE THAT APPMEDIATION IS ENTITLED TO DEMAND THAT YOU PAID A CONTRACTUAL PENALTY IN THE FOLLOWING CASES:
If your Contract with Appmediation is terminated due to the violation of Contract by you (e.g. due to your fraudulent activity), Appmediation may demand from you a contractual penalty in the the amount of your un-invoiced earnings and set-off its claim for the contractual penalty against your claim for payment.
9.2. LIABILITY OF APPMEDIATION
APPMEDIATION DOES NOT PROMISE THAT THE APPMEDIATION WEBSITE OR ANY CONTENT, SERVICE OR FEATURE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE APPMEDIATION WEBSITE AND SERVICES WILL PROVIDE SPECIFIC RESULTS. THE APPMEDIATION WEBSITE AND ITS CONTENT AND APPMEDIATION SERVICES ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. ALL INFORMATION PROVIDED ON THE APPMEDIATION WEBSITE IS SUBJECT TO CHANGE WITHOUT NOTICE. APPMEDIATION CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE APPMEDIATION WEBSITE, PRODUCT OR ANY SERVICE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. APPMEDIATION DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. APPMEDIATION DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE APPMEDIATION WEBSITE AND/OR ANY APPMEDIATION SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE APPMEDIATION WEBSITE AND ANY LINKED SITES AND APPMEDIATION SERVICES. YOUR SOLE REMEDY AGAINST APPMEDIATION FOR DISSATISFACTION WITH THE APPMEDIATION WEBSITE OR ANY CONTENT OR APPMEDIATION SERVICE IS TO STOP USING THE APPMEDIATION WEBSITE OR ANY SUCH CONTENT OR APPMEDIATION SERVICES. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.
APPMEDIATION CANNOT BEAR ANY RESPONSIBILITY IN CASE OF ILLEGAL ADVERTISEMENT OR ILLEGAL CONTENT PUBLISHED ON THE PUBLISHER’S APPLICATIONS.
The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.
Appmediation reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Appmediation Website, or any portion of the Appmediation Website, for any reason; (2) to modify or change the Appmediation Website, or any portion of the Appmediation Website, and any applicable policies or terms; and (3) to interrupt the operation of the Appmediation Website, or any portion of the Appmediation Website, as necessary to perform routine or non-routine maintenance, error correction, or other changes. You agree that Appmediation may, in its sole discretion and without prior notice, terminate your access to the Appmediation Website, for cause, which includes (but is not limited to) (1) requests by law enforcement or other government agencies, (2) a request by you (self-initiated account deletions), (3) discontinuance or material modification of the Appmediation Website or any service offered on or through the Appmediation Website,(4) violation by you of any terms and conditions of the Contract with Appmediation, or (5) unexpected technical issues or problems.
TO THE EXTENT PERMITTED BY LAW (i) IN NO EVENT SHALL APPMEDIATION BE LIABLE UNDER THE CONTRACT FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, EXEMPLARY, OR PUNITIVE DAMAGES WHETHER IN CONTRACT, TORT OR ANY OTHER THEORY, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY, AND (ii) APPMEDIATION’S AGGREGATE LIABILITY UNDER THE CONTRACT IS LIMITED TO THE NET AMOUNT RECEIVED AND RETAINED BY APPMEDIATION IN CONNECTION WITH THE CONTRACT WITH YOU DURING THE THREE MONTH PERIOD IMMEDIATELY PRECEDING THE DATE OF THE CLAIM. You confirm that you have entered into the Contract with Appmediation relying on the limitations of liability stated herein and that those limitations are an essential basis of the bargain between you and Appmediation.
9.3. FORCE MAJEURE
In any event neither you nor Appmediation are liable for delay or failure to perform under the Contract resulting from any occurrence or event which could not have been reasonably avoided including but not limited to accident, action of the elements, act of God, civil commotion, enemy action, epidemic, explosion, fire, flood, insurrection, strike, lockout or other labor trouble or shortage, natural disasters, riot, unavailability or shortage of material, equipment or transportation, war (whether or not declared), act, demand or requirement of law or of the Governments or any other competent governmental authority (force majeure).
The party in default of force majeure shall immediately notify the other party of the occurrence of force majeure, shall make reasonable efforts to remove or overcome the effects of such occurrence or event; and shall resume performance of its obligations hereunder immediately after cessation of such occurrence or event.
Notwithstanding the foregoing, either party may terminate this Contract upon written notice to the other in the event an occurrence of force majeure lasts for at least 3 months.
10. DURATION AND TERMINATION
Your Contract with Appmediation becomes effective upon registration of your Appmediation Account or upon signing any additional agreement with Appmediation and is valid for unspecified period.
Each party is within its rights entitled to terminate the Contract, for any reason, by registered mail (with notice of delivery) or by e-mail, sent by you to [email protected] or by e-mail from Appmediation to the e-mail address you have previously provided, giving at least 48 hours prior notice.
Provided that Appmediation has made available such a possibility, you may also terminate the Contract by deleting your Appmediation Account from the Appmediation Platform. As a Publisher may be given the option to delete your account at any time. You can delete your account by pressing the delete button on your account. After that Appmediation will send you an e-mail with confirmation link. If you confirm your wish to delete your account, the Contract will be deemed terminated, your access to your account will be closed and the provision of all Appmediation services to you stops.
Termination of the Contract in no way modifies the rules of financial agreement in Appmediation general terms and conditions. You will bear all costs associated with the failure to provide a 48-hour notice (if such is requested).
Provided there is a good reason, both you and Appmediation may terminate the Contract also immediately without prior notice. Appmediation may do so inter alia if:
You fail to comply with any of the requirements of the Appmediation quality agreement, anti-fraud policy or the anti-counterfeiting & anti-piracy policy
You materially breach any other obligation of the Contract and fail to remedy the breach within a reasonable time granted by Appmediation
This opportunity is set forth in any other provision of the Contract
Upon termination of the Contract your account is immediately archived. If there was unused balanced on your account, you are entitled to a refund or payment of Commission in accordance with Appmediation financial agreement.
Upon termination, the Publisher is required to remove promptly the SDK provided via the Appmediation Platform and installed on the pages of the Publisher Application(s).
11. CUSTOMER COMPLAINTS
In case you have any complaints (whether of legal, financial, technical or any other nature) or you require additional support, please contact us through the contact form present on Appmediation Website, by e-mail: at [email protected], or by mail to: Appmediation OÜ, Kentmanni 4, 10116 Tallinn, Estonia. Our support team will get back to you within 48 working hours. If your inquiry requires a more detailed answer, it might take up to 30 working days for processing your request. Appmediation reserves the right to ignore any request in contradiction with the Contract.
Any feedback or request you provide shall be deemed to be non-confidential. Appmediation shall be free to use such information on an unrestricted basis.
11.1. COURT JURISDICTION AND GOVERNING LAW
APPMEDIATION GENERAL TERMS AND CONDITIONS HAVE BEEN COMPOSED IN THE ENGLISH LANGUAGE. IF THEY SHOULD BE TRANSLATED INTO ANY OTHER LANGUAGE (EITHER PARTLY OR ENTIRELY), THE ENGLISH LANGUAGE VERSION SHALL PREVAIL.
THE PROVISIONS OF YOUR CONTRACT WITH APPMEDIATION ARE GOVERNED BY AND INTERPRETED IN ACCORDANCE WITH THE LAWS OF THE REPUBLIC OF ESTONIA. ANY DISPUTE OR DIFFERENCE OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THE CONTRACT BETWEEN YOU AND APPMEDIATION WILL BE SETTLED BY WAY OF NEGOTIATIONS. IF THE NEGOTIATIONS FAIL YOU AGREE TO SUBMIT YOUR CLAIMS AGAINST APPMEDIATION EXCLUSIVELY TO HARJU COUNTY COURT IN ESTONIA. APPMEDIATION MAY FILE AN ACTION AGAINST YOU EITHER TO HARJU COUNTY COURT IN ESTONIA OR TO ANY OTHER COURT IN COMPLIANCE WITH APPLICABLE LAWS.
Any claim under the Contract must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred.
11.2. CONFIDENTIALITY AGREEMENT
You agree to keep all details of the contractual relationship between you and Appmediation confidential (including but not limited to information about Appmediation’s customers and business partners and their contact details, Appmediation’s products and services, technology, software, statistics, price rates and all info explicitly marked as confidential), and not to disclose information of any nature exchanged before or during the term of the Contract to any third parties, and to take all necessary measures to prevent such disclosure by your employees and agents (if any) even after they are no longer in your employ.
YOU ACKNOWLEDGE THAT THE INFORMATION ON ITS CUSTOMERS (INCLUDING THEIR NAMES, CONTACT DETAILS, ETC.) IS VERY IMPORTANT TO APPMEDIATION AND THEREFORE, YOU AS A PUBLISHER SPECIFICALLY UNDERTAKE NOT TO USE THE INFORMATION ABOUT APPMEDIATION ADVERTISERS DIRECTLY OR INDIRECTLY FOR YOUR OWN OR THIRD PARTY’S COMMERCIAL BENEFIT OR IN ORDER TO COMPETE OR CAUSE PREJUDICE TO THE ACTIVITIES OF APPMEDIATION IN ANY MANNER WHATSOEVER.
The duty of confidentiality does not apply if you are required to disclose information under law or if Appmediation has given its prior written consent to release you from your obligation of confidentiality for all or part of the information exchanged. In addition you may disclose relevant information to your auditors, attorneys, credit and financial institutions, provided that the latter are also bound by a duty of confidentiality.
As an exception, if you are a Publisher you may also disclose accurately the amount of gross payments you have received from the use of Appmediation services.
You agree that we may include your name, logo and other brand features in our presentations, marketing materials, customer lists and financial reports.
If any of the provisions of the Contract are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of the Contract, so that the Contract shall remain in full force and effect. The Contract constitutes the entire agreement between you and Appmediation with regard to your use of Appmediation services, and all other written or oral agreements or understandings previously existing between you and Appmediation with respect to such use are hereby superseded and cancelled.
Appmediation failure to insist on or enforce strict performance of the terms and conditions of the Contract shall not be construed as a waiver by Appmediation of any provision or any right it has to enforce the Contract, nor shall any course of conduct between Appmediation and you or any other party be deemed to modify any provision of the terms and conditions of the Contract. The terms and conditions of the Contract shall not be interpreted or construed to confer any rights or remedies on any third parties.
13. USER INFORMATION
EU Personal Data.
To the extent you may provide appmediation with any Personal Data (as such term is defined under the EU General Data Protection Regulation 2016/679), and the processing thereof, shall be governed under the terms set forth in the appmediation Data Processing Agreement (“DPA”), which shall become effective as of May 25, 2018 and will be incorporated into and made a part of this Agreement as of such date.
Use of Anonymous Information for Research.
By using the Services, you agree to allow appmediation to anonymously use the information provided from you through the Services, to continue appmediation’s research to improve its Services.