All Advertisers and Publishers of the Adsperk are bound by the following terms and conditions. By accessing, using or downloading information, documents, software, or any other materials from the Web Site, you agree to follow and be bound by these terms and conditions, which AdsPerk may update at any time without notice .
By signing up to the AdsPerk, you indicate your acceptance of these terms and conditions. Failure to use this Web site in accordance with the terms and conditions may subject you to civil and criminal penalties, as well as the immediate termination of your account. AdsPerk reserves the right to withhold or refuse approval of any new or existing Web site, company, or individual with or without cause, with or without notice, regardless of whether such Advertiser or Publisher was previously accepted for membership.
1.Intellectual Property Rights
All the information provided on this Web Site, including documents, products, logos, graphics, sounds, images, software, and services are provided either by AdsPerk or by their respective third party manufacturers, authors, developers and vendors and are protected by applicable laws. All copyright, trademark, and other rights in the Web Site and materials as well as all services relating there to, are reserved to AdsPerk and/or its Third Party Providers.
Account in the AdsPerk Network is subject to prior approval of AdsPerk Terms. AdsPerk reserves the right to withhold approval of account in the Network for any reason whatsoever. Approval of account in the Network is limited only to the specific Publisher web properties for which such approval relates. Upon Approval to the Network, a AdsPerk representative will provide Publisher with a log in name and temporary password that will enable Publisher to access AdsPerk Network advertising content.
In order to be eligible for the approval, all web sites and newsletters must meet the following criteria:
1. Be content-based, not simply a list of links or advertisements, nor can the site be centered around making money off of our Advertisers
2. Be fully functional at all levels; no "under construction" sites
3. Spawning process pop-ups and exit pop-ups are prohibited for click approved affiliates
4. The content of the web site and/or newsletter cannot contain any adult content nor link from, or to, any adult materials including but not limited to: Explicit, vulgar or obscene language ,Posting or referencing of sexually explicit images or other offensive content Promotion of adult services, such as phone sex or escort services
5. The content of the web site and/or newsletter cannot infringe on any personal, intellectual property or copyrights including but not limited to: Racial, ethnic, political, hate-mongering or otherwise objectionable content Investment, money-making opportunities or advice not permitted under law
6. Material that defames, abuses, or threatens physical harm to others or to you
7. Promotion of illegal substances or activities such as illegal online gambling, how to build a bomb, counterfeiting money, etc.
8. Software Pirating,Hacking , Any illegal activity whatsoever . Any spoofing, or trafficking from adult-related web sites in an effort to gain traffic for approval process.
AdsPerk reserves the right to terminate any Publisher’s relationship with the Network at any time and for any reason whatsoever. Termination notice may be provided via e-mail and will be effective immediately. Upon receipt of termination notice, Publisher shall immediately cease using the AdsPerk Network services.
4. Prohibited Marketing Tactics
AdsPerk does not condone or tolerate spam. Unsolicited commercial email is absolutely prohibited. Use of any incentives designed to improve consumer response rates beyond those included in the creatives provided by AdsPerk is also strictly prohibited. AdsPerk reserves the right to terminate the relationship with any Publisher using prohibiting marketing tactics immediately and without pay. Publisher will fully comply with all requirements of the CAN SPAM ACT in every email it drops containing offers from the AdsPerk network.
5. Access to Password Protected or Secured Area
Access to and use of password protected or secured areas of this web site is restricted to authorized users only. You will be asked to provide accurate and current information on all registration forms on this web site. You are solely responsible for maintaining the confidentiality of any username and password that you choose or is chosen by your web administrator on your behalf, to access this web site as well as any activity that occur under your username/password. You will not misuse or share your username or password, misrepresent your identity or your affiliation with an entity, impersonate any person or entity, or misstate the origin of any Materials you are exposed to through this web site.
6. Payment Terms
AdsPerk reserves the right to delay or cancel payment to publisher for campaigns for which AdsPerk has not yet been paid. Further, AdsPerk reserves the right to withhold from future payments any amount which AdsPerk has previously paid to Publisher but has since classified as bad debt due to non-payment by an Advertiser. All un-issued earnings will rollover to the next pay period. AdsPerk reserves the right not to pay any Publishers that violate any of the above terms and conditions to be determined in the sole discretion of AdsPerk. All payments will be based on the AdsPerk performance tracking system.
AdsPerk shall have the sole responsibility for calculation of statistics, including Impressions, clicks, and accepted action numbers. Publishers should read and become familiar with the terms of every campaign prior to publishing. In the event Publisher disagrees with any such calculation, a written request for clarification explaining the Publisher’s position should be sent to AdsPerk immediately. AdsPerk will provide Publisher with a detailed audit of the campaign performance, which shall be final and binding on the parties.
Editing of an Advertiser's program images or copy is strictly prohibited. (Affiliate, Publisher and Partner) will only use approved banners and text to link to an Advertiser's sign-up pages. (Affiliates, Publishers and Partners) will not mislead people to make it seem that they are signing up for an offer that is offered by the (Affiliate, Publisher and Partner) site. (Affiliate, Publisher and Partner) can ONLY use banners and approved text, any other use of link and sign-up processes will result in the loss of all sign ups/leads accrued for the (Affiliate, Publisher and Partner).
Any legal action taken by an advertiser, agency, client, person, or entity against AdsPerk for actions of you (the affiliate) that violate these terms and conditions, you accept that AdsPerk will work with the advertiser, agency, client, person, or entity to divulge your personal information. You also agree that AdsPerk is not liable for your actions, and you will bear all costs (legal or otherwise) that AdsPerk incurs if AdsPerk is sued by advertiser, client, agency, person, or entity.
8. LAW AND LEGAL NOTICES
This Agreement and any other terms or documents referred to here in represent your entire agreement with AdsPerk with respect to your use of the Service. You understand and agree that, except as expressly set forth herein, this Agreement is not intended to confer and does not confer any rights or remedies upon any person other than the parties to this Agreement. If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. AdsPerk's failure to pursue any available claim or defense pursuant to this Agreement or otherwise will not be a waiver of such claim or defense. The headings used in this Agreement are for convenience only, and will have no effect on the interpretation or legal enforceability of the terms herein. You further agree and expressly consent to personal jurisdiction over you in the Singapore courts in connection with any such dispute including any claim involving AdsPerk or its partners, parents, licensors, affiliates, subsidiaries, employees, contractors, officers, directors, or suppliers.
Please direct any questions concerning the Service or any other AdsPerk related issue, to a AdsPerk customer service representative by e-mail at: email@example.com
This agreement shall be governed by, construed and interpreted according to the laws of the state of Singapore. The parties agree that the appropriate, convenient and exclusive venue for any litigation arising out of this agreement shall be the court of appropriate jurisdiction in Singapore.