Terms and Conditions of Use
Term of this Agreement
The term of this Agreement shall commence on the start date or at the date of the signing of this Agreement and accepting the first optimization from Adfor. This Agreement may be terminated after a thirty(30)-day written notice by either party.
Adfor shall provide the Customer during the term of this Agreement all the Services in accordance with such package or options as subscribed to by the Customer, with such updates and improvements as are implemented from time to time. Adfor will perform advertising and site monetization via the DoubleClick Ad Exchange technology.
Grant by the Customer/Intellectual Property
The Customer grants to Adfor the right to identify the Customer and the Customer’s website(s) as clients of Adfor, both by name and by any identifying corporate symbols or logos. Adfor shall make no claim of ownership to the Customer’s trade names, copyrights, trademarks, and all other intellectual property rights the Customer may have. Both parties are in all respects, their own entity and no relationship, other than as defined by this agreement, exists. Customer agrees that all title, including but not limited to copyrights and trademarks, moral rights, patents, trade secrets and other intellectual property rights embodied or contained in the Services, in and to the Services provided by Adfor, as well as its contents, and any or all copies thereof are owned by Adfor, its partners, affiliates and subsidiaries. All title and intellectual property rights in and to the Services which may be accessed through the use of the Services is Adfor’s property and may be protected by applicable copyright or other intellectual property laws and international treaty provisions. This Agreement grants the Customer no right whatsoever to use such content. The Customer shall not use, remove, distribute, modify or alter any patent, copyright or trademark notice from any part of the Services. Adfor reserves all rights not expressly granted. The Customer also acknowledges that these intellectual property rights are protected by the laws of the State of California, USA.
By signing up for Adfor you are not obligated to pay fees, dues or send any payments to Adfor.
Relationship of Parties
Nothing in this Agreement will constitute or be taken to constitute any Party as the partner, agent or representative of any other party for any purpose, nor will any party have the authority to act or assume any responsibility or obligation on behalf of any other party, except as is expressly agreed in writing.
All duties, obligations and liabilities of the Parties under this Agreement will in every case be several.
No Assignment Restrictions
The Customer shall not, without the prior written consent of Adfor, assign, either directly or indirectly, this Agreement or any of his/her/its rights under this Agreement. The Customer acknowledges and agrees that the Services are provided to the website/URL originally described in this Agreement and the Customer shall not transfer the Services to any other websites/URLs. The Customer shall not modify or create derivative works based upon the Services. This restriction may be waived in writing from time to time, solely at Adfor’s discretion.
Responsibility for Customer’s Web Site
The Customer shall be solely responsible for the development, operation, and maintenance of the Customer’s website and for all the materials that appear on the said website, including the accuracy and appropriateness of the materials posted on the Customer’s website. The Customer shall ensure that the materials posted at the Customer’s website do not violate or infringe upon the rights of any third party or is libelous or otherwise illegal. Adfor disclaims all liability for the above matters. The Customer hereby agrees to indemnify and hold Adfor, its directors, offices, employees and contractors harmless from any and all claims, actions, losses, lawsuits, liabilities, expenses, costs, damages and fees (including attorney’s fees) arising from or relating to the development, operation, and maintenance of the Customer’s website.
Costs/Remuneration of Adfor
The Customer’s fee is equal to 15% of total monthly DoubleClick Ad Exchange revenue served by Adfor. The DoubleClick Ad Exchange revenue is calculated by the average monthly RPM / 1,000 * number(#) of filled ad impressions as reported by the DoubleClick Ad Exchange interface.
Adfor will accept payments on behalf of the Customer. The Customer’s fee will be deducted from the total payment received on behalf of the Customer.
Adfor shall not be liable to the Customer for any incidental, consequential, exemplary, special, or punitive damages of any kind or nature or any damages resulting from the Customer’s use of the Services and the information contained in or compiled by the Services, the interaction or failure to interact properly with any other service or feature, whether provided by Adfor or a third party, the loss of use, data, profits, goodwill, business interruption, computer failure or malfunctions, or any and all other commercial damages or losses arising out of or in connection with this Agreement or the use or performance of the Services of this Agreement. Adfor shall have no liability with respect to the content of the Services or any part thereof, including but not limited to errors or omissions contained therein, libel, infringement of rights of publicity, privacy, trademark rights, business interruption, personal injury, loss of privacy, moral rights or the disclosure of confidential information.
Further, Adfor shall have no liability with respect to any harm that may be caused by the transmission of a computer and internet virus, malware, trojans and other harmful computer and internet programs. Also, Adfor shall not be held liable for any lawsuit for any damages whatsoever should its Ad Exchange Account gets banned by Google. Lastly, Adfor retains full authority in all payments or remuneration due to them and can nullify any ad revenues that a third party, (e.g. Google) does not disburse to Adfor on behalf of the Customer due to disapproval of Customer’s account.
The remuneration will be paid to the Publisher through the payment method selected by them on their Account.
The user is familiarized with the conditions of YooMoney service (link to terms of service "Quick payment": https://yoomoney.ru/pay/doc.xml?offerid=default).
The Customer agrees to release, indemnify and hold Adfor, or its partners, and subsidiaries, affiliates, officers, agents, co-branders, and employees, harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of the use of the Services or violation of this Agreement, or of any rights of another.
When Adfor is threatened with suit by a third party, we may seek written assurances from the Customer concerning his/her/its promise to indemnify Adfor; the Customer’s failure to provide those assurances may be considered by Adfor to be a breach of this Agreement and may result in the suspension or cancellation of Customer’s access to the Services. This indemnification obligation will survive the termination or expiration of this Agreement.
Changes in the Services
Adfor reserves the right to create, change, update, upgrade or discontinue any feature or service in our Serviced at any time. In doing so, Adfor shall have no obligation to personally furnish the Customer with any notice with regard to said creation, change, update, upgrade or discontinuance. In some instances, Adfor shall inform the Customer of an incoming, creation, change, upgrade or update within 24-48 hours prior to such. Furthermore, the Customer agrees that during some critical patches, there shall be downtime for the Services.