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TERMS OF SERVICE

Last updated: March 2020

 

This Agreement is set to regulate the legal right and obligations between the Account Holder (“Advertiser” and/or “Publisher”) and Advmarket.net (“Advmarket.net Network”, “Advmarket.net Platform”). Advmarket.net is a tradename for the legal entity. By using any of the services provided by Advmarket.net, you are accepting and bound by the terms and conditions of this Agreement. The terms and conditions of this Agreement are subject to change at any time and must be read regularly. If you do not accept this Agreement, please notify us and we will close down your Account from accessing the Advmarket.net Platform.

OBJECT OF THIS AGREEMENT

By virtue of this Agreement, Advertiser pay for traffic so they can advertise its Products, including but not limited to, Apps, Goods, Offers, Services, Websites, etc, using Advertising Content that is displayed on, embedded into or otherwise delivered by the Publishers’ Website(s) and/or App(s) using advmarket.net’s Ad Zone Codes. advmarket.net is a service provider and has no effective knowledge about the Advertising Contents created by the Advertiser and published through the Publisher’s Website(s) and/or App(s). The Advertiser is solely responsible for it and will hold advmarket.net harmless of any damages, infringements, losses or responsibilities, monetary or otherwise, should it contain anything illegal, violate laws, copyrights, trademarks or intellectual property, etc.

PUBLISHERS

ELIGIBLE PUBLISHER(S)

advmarket.net reserves the right to accept or reject any Publisher at any time. If not accepted, the Publisher will not be entitled to any payment even if there is generated revenue in the Publisher’s Account in the advmarket.net Platform. If the Publisher is buying traffic outside of its own Website(s) or App(s), acting as an intermediate between other sources of traffic and advmarket.net, like an agent, media buyer or ad network, the Publisher is responsible for the compliance of all its partners, sources and traffic, that is sent to the advmarket.net Network.

 Examples of Website(s) or App(s) we do not accept are: 

  • websites/apps that infringe the intellectual property, copyright or trademark of others
  • websites/apps that participate in or transmit unsolicited e-mail, SMS, spam, messages, etc
  • websites/apps with illegal, false or deceptive investment advice
  • websites/apps that are under construction or have limited content
  • websites/apps with more than one pop-up/- under
  • websites/apps with discrimination, hate or violence towards a person or group of persons based on their origin, ethnic background, nation, race or religion
  • websites/apps which promote pornographic content with minors, beastiality or scatology.

advmarket.net does not screen all Websites or Apps in the platform sending us traffic, but any Website or App may be checked for compliance at any time by our own initiative or if brought to our attention, without prior notification to the Publisher. If the Website or App in question is in breach of this Agreement, the Publisher shall not be entitled to any payment, even if there is generated revenue in the Account in the advmarket.net Platform.

 STATISTICS AND FRAUD

The advmarket.net Platform will be the official counter for statistics, impressions, clicks, revenue earned, etc. Any form of artificially generated traffic, including but not limited to fraudulent impressions or clicks, generated by auto-redirects, bots, botnets, iframes, parent window redirect or scripts, will result in the termination of this Agreement and the Account. The Publisher accepts to be solely liable for any errors and any direct or indirect damages or losses inflicted on advmarket.net or its Advertiser(s), of such fraudulent and non-compliant traffic or use, through the advmarket.net Platform. The Publisher will not be entitled to any payment from advmarket.net and agrees to give a direct compensation in case advmarket.net suffers any damages or losses, monetary or otherwise.

 

INVOICES AND PAYMENTS

Through this Agreement, the Publisher instructs advmarket.net to generate and issue invoices on behalf of the Publisher, often referred to as Reverse Invoicing. advmarket.net will automatically generate these invoices, and corresponding payouts in U.S. Dollars and Euro, to the Publisher on a weekly basis, based on the Statistics in the advmarket.net Platform. The Publisher is solely responsible for keeping its personal or business information up-to-date at all times. This information is used for the invoices. Publisher accepts to be solely liable for any errors, direct or indirect losses or damages of any inaccuracy of this information. The Publisher can withdraw earnings through any of the available payment methods in the advmarket.net Platform. The available payment methods can change at any time, but can include PayPal, Paxum and Wire Transfer (through Handelsbanken). The minimum amount to withdraw funds is $25.

 

OBSOLESCENCE

If an Account is inactive for twelve (12) months or more, advmarket.net reserves the right to consider the Account obsolete and can close it without any prior notice to the Account Holder. In such case, Publisher will not be entitled to any further payments from advmarket.net.

 

LIABILITY

Publisher agrees and understands that advmarket.net is a stand-alone, third-party service for both Advertiser(s) and Publisher(s). It means that advmarket.net is not liable to Publisher for revenue that is not paid/cleared from Advertiser(s) and Publisher shall hold advmarket.net harmless and out of any claims or liability related to such unpaid amounts. advmarket.net agrees to make every reasonable effort to bill, collect and clear payments from the Advertiser(s) on a regular basis. Any expenses or payments such as banking commissions, currency or transactional fees, income taxes, etc., based on the revenue generated in advmarket.net by participating as a Publisher, is the sole responsibility of the Publisher and Publisher agrees that advmarket.net is not reliable for it. advmarket.net reserves the right to not make any payments to Publisher(s) that violates any of the terms and conditions of this Agreement.

 

AD ZONE CODES

Any Ad Zone Codes provided or made available, by advmarket.net to the Publisher, belongs to advmarket.net and shall not be altered or modified in any way prior to written consent from advmarket.net. It may only be used on Website(s) or App(s), added to and approved in the Publisher’s Account in advmarket.net. It should never be distributed or submitted to any newsgroup, email distribution list, chat room, forum, board, guestbook or other location without prior written consent.

 

DISCLOSURE

advmarket.net holds the right to disclose information or stop payments should Authorities or Courts require it.

 

ADVERTISERS

PAYMENTS

The Advertiser must prepay its advertising budget in U.S. Dollars and Euro through the valid payment methods in the advmarket.net Platform. These payment methods can change at any time, but can include Credit Card, PayPal, Paxum and Wire Transfer. All charges to the Advertising Budget (Account Funds) in advmarket.net are solely based on the advmarket.net Platform Statistics, unless otherwise agreed to in writing. Advertiser acknowledges that related billing and payment information that Advertiser provides to advmarket.net may be shared with other companies that work on advmarket.net’s behalf, such as credit card processors and/or other general payment processors or agencies.

 

REFUNDS

advmarket.net does its absolute most to provide the best service possible to its Advertisers. Advertiser owns and is entitled to deposits made to advmarket.net Platform, which has not been spent on advertising. Such deposits, however, will not be refunded for Accounts that are inactive for more than twelve (12) months or that breach this Agreement in any way. In order to request refund, please contact ether your account manager or send an email to [email protected].

 

ELIGIBLE ADVERTISING CONTENT

advmarket.net reserves the right to accept or reject any advertising campaign, creative or other Advertising Content at any time, for any reason that advmarket.net sees fit, at advmarket.net’s sole discretion. Warnings can be made if the Advertising Content does not follow the guidelines and rules provided by advmarket.net, or what is considered to be the general norm at the time. Additionally, the Account may be closed if warnings have been made and the problem repeats, or if the violation is considered to breach this Agreement. The Advertiser is responsible for any images, URLs or other Advertising Content uploaded to the advmarket.net Platform, as well as the landing page and the content on it. advmarket.net will be held harmless of any damages, infringements, losses or responsibilities, monetary or otherwise, to any violation of this Agreement, illegal content, copyright infringements, etc. from the Advertising Content used by the Advertiser.

 

Examples of Advertising Content we do not accept are:

 

any content consisting of paraphilia, violence, racism, hate against any individual, group or organization

any content containing minors in adult, pornographic or sexual situation or setting

any content that offers illegal products or services

any content with the use of third-party trademarks without the written consent of the trademark owner

any content that infringes on the copy- or intellectual property rights of others

any content that does not respect our Advertising Guidelines or Rules

any content that targets minors younger than 18 years of age

GENERAL

TERMINATION

advmarket.net can at any time, in its sole discretion, terminate this Agreement. Depending on the violation of which the Agreement was terminated, advmarket.net may or may not notify the Account Holder (Advertiser/Publisher) via email. Advertisers may terminate this Agreement by deactivating all Advertising Content in the Account in the advmarket.net Platform. Publishers may terminate this Agreement at any time by removing all Ad Zone Codes provided by advmarket.net from its Website(s) and/or App(s).

PUBLICITY

advmarket.net is through this Agreement, authorized to use the name or trademarks of Advertisers and Publishers for the purposes of this Agreement without any further written approval from the party owning such name or trademark.

CONFIDENTIALITY

By this Agreement, You, the Advertiser and/or Publisher, has confidentiality about any information learned about advmarket.net including, but not limited to, the advmarket.net Platform, its Software, Technology, Advertising Content, Statistics, etc., unless you have a written consent from advmarket.net that states otherwise.

DISCLOSURE

You, the Advertiser and/or Publisher, acknowledges that advmarket.net, in the case of an order from an Administrative Authority or Court, may disclose Personal or Business Information, or Information regarding the services provided and/or the use of these.

PRIVACY POLICY

Both advmarket.net and You, the Advertiser and/or Publisher, shall include a Private Policy on the Website(s) and/or App(s), that describes how End Users’ personal data is collected, stored and used. Privacy Policies available to the End Users’ on its Website(s) and/or App(s) shall disclose that third party Advertisers and Ad Networks may place cookies in their browsers.

DATA PROTECTION

During the term of this Agreement, both Parties shall comply with all applicable rules and regulations to laws governing privacy and data protection.

INDEMNIFICATION

You agree to indemnify, defend and hold advmarket.net and its shareholders, directors, officers, employees, successors, representatives, partners, agents, affiliates or suppliers harmless from and against any and all costs, claims, demands, liabilities, expenses, losses, damages and attorney fees arising from any claims and lawsuits or proceeding for libel, slander, copyright, and trademark violation, as well as all other claims resulting from (1) the participation on the advmarket.net Network/Platform, (2) operation of the Publisher’s Website(s) and/or App(s) submitted to advmarket.net for participation or (3) otherwise arising from a relationship with advmarket.net. You also agree to indemnify advmarket.net for any legal fees incurred by advmarket.net, acting reasonably, in investigating or enforcing its rights by this Agreement.

LIMITATION OF LIABILITY

Neither party will be liable for breach-of- contract damages that are remote or speculative, or that the breaching party could not reasonably have foreseen on entry into this agreement. The aggregate liability shall in no circumstances be higher than the average of the 3 last month’s payment to the publisher.

NON-SOLICITATION

During the period starting on the Effective Date and ending 12 months after the termination or expiration of this agreement (the “Non-Solicitation Period”), neither party will directly or indirectly, on its own behalf or in the service or on behalf of others, in any capacity induce or attempt to induce any officer, director, or employee to leave the other party, or solicit or accept, or attempt to solicit or accept, the business of any customer, consultant, or patron of the other party.

AMENDMENT / MODIFICATION OF THIS AGREEMENT

advmarket.net will at own discretion reserve the right to amend or modify this Agreement. Such changes can take place at any time, and without prior notification. Any amendment will be notified during log in procedures and the user will on such occasion be asked to confirm acceptance of the new agreement. If amendments are not accepted by the publisher he shall notify advmarket.net in writing and advmarket.net might in such cases accept to let the publisher continue according to the agreement before amendment or on individual terms.

FORCE MAJEURE

If either party fails to fulfill its obligations hereunder (other than an obligation for the payment of money), when such failure is due to circumstances beyond its reasonable control, including but not limited to fire, flood, civil commotion, riot, war (declared and undeclared), revolution, or embargoes, then said failure shall be excused for the duration of such event and for such a time thereafter as is reasonable to enable the parties to resume performance.

SEVERABILITY

If any part of this agreement is declared unenforceable or invalid, the remainder will continue to be valid and enforceable.

ASSIGNMENT

advmarket.net may transfer or assign any or all of its rights and obligations under this Agreement to any natural person or legal entity at any time. In such circumstances, the transferee or assignee shall enjoy and undertake the same rights and obligations herein of advmarket.net.

 

Publisher might assign the rights and obligation to any party if advmarket.net agree. Publisher might also assign its rights and obligation in case of a merger/demerger or other restructuring act, as long as said restructuring will not substantially weaken advmarket.net counterpart. If such restructuring under the applicable law does not transfer all right and obligation to the receiving party, the receiving party must in writing declare the acceptance of this agreement. None of the contract parties might enter any agreement or in other way incur obligation on behalf of the other party.

WAIVER

Neither party’s failure or neglect to enforce any of rights under this agreement will be deemed to be a waiver of that party’s rights. A waiver or extension is only effective if it is in writing and signed by the party granting it. No single or partial exercise of any right or remedy will preclude any other or further exercise of any right or remedy.

COMPLETE AGREEMENT

This Agreement constitutes the entire Agreement between the parties and supersedes all previous Agreements, oral or written, with respect to the subject matter of this Agreement. The information and documents provided by Advertiser(s) and Publisher(s) to advmarket.net, as requested by the latest in order to enter the Agreement, shall be also considered as part of this Agreement. This Agreement may not be amended without the written consent of the parties.

NO THIRD PARTY BENEFICIARIES

No third parties can claim any rights from this agreement as it is soley binding between the parties

CONTACT

BENTOZER CO., LTD, 30 Sukhumvit 61, Bangkok 10110, Kingdom of Thailand.

Email: [email protected]