TRAFFILEADS: PUBLISHER TERMS OF USE
TraffiLeads is a brand name owned and operated by Atnir Capital Ltd. Ltd registered at British Virgin Islands with company number 2092838 (COMPANY or WE or US). TraffiLeads manages the TraffiLeads Advertiser Network at www.traffileads.com (Website) through which a Publisher can work for the benefit of different Advertisers under different Advertising Programs.
These Terms of Use define the way TraffiLeads’s business works, and the laws and rules that apply to the Company and as a result, these Terms of Use help define TraffiLeads’s relationship with you as you interact with our services. Understanding these Terms of Use is important because, to use our services, you must accept these Terms of Use and register for a TraffiLeads account.
The Rules (as defined below), the Privacy Policy and the Cookies Policy form an integral part of the Terms of Use. When the Publisher registers for an Advertiser Program and accepts the Rules, automatically that specific set of Rules becomes part of these Terms of Use.
When registering for a TraffiLeads Account, you confirm that you have read, understood and accepted all the information provided by us to you including the Terms of Use, the Rules, the Privacy Policy, the Cookies Policy and any additional documentation and information made available to you via your account and the TraffiLeads website, which include important information and form an internal part of these Terms of Use.
Each time you navigate, log into your account, use any services or perform any activity through your account, you reaffirm and confirm that you accept the Terms and any changes made to them from time to time. We advise you to check the Terms on a regular basis for any changes.
The participants to the TraffiLeads Advertiser Network are Advertisers, Publishers and the Company (Participants).
1. IMPORTANT DEFINITIONS
Advertiser(s): are the brands or companies or persons who provide the Publishers with the opportunity to advertise such brands’ and companies’ services, products, goods, brand and services through different advertising media and provide Ad Material. Advertisers provide Ad Materials via the TraffiLeads Account.
Ad Materials: such as graphic and video banners, logos, trademarks, brand names, links, landing pages, videos, registration frames and other types of advertising and promotional material or objects which at all times must be structured in accordance with the Rules.
Advertising Program or Offer: are the set of Rules in accordance with which the services, products, goods, brand and/or services of an Advertiser can be advertised and promoted by a Publisher.
Publisher: are the companies or persons who register with TraffiLeads to promote and advertise any Advertiser under any Advertising Program by disseminating Ad Materials at their pre-submitted Traffic Sources.
Rules: the set of rules, Commission calculation, restrictions, marketing and promotional guidelines applicable for any promotional or advertising activities for the benefit of each Advertiser under any Advertising Program. Different sets of rules, restrictions and marketing and promotional guidelines (Marketing Guidelines) are applicable for each Advertiser and shall be made available via the TraffiLeads Account.
Traffic Sources: the Publisher’s website or webpage or any other online or offline sources to which it will place Ad Materials for advertising and promotional purposes under this agreement.
2. GENERAL PROVISIONS FOR PARTICIPATION
1. To apply to become a Publisher in the TraffiLeads Advertiser Network, the Publisher can be a legal entity or a natural person of legal age in the country it resides, must register for a TraffiLeads Account and accept these Terms of Use, via the Website. The Publisher shall receive an email upon registration.
2. TraffiLeads reserves the right at its sole discretion to (a) reject any registration or activation of a TraffiLeads Account and/or (b) block a Publisher from participating in the TraffiLeads Advertiser Network, with or without cause.
3. Following registration the Publisher shall be asked to complete a KYC procedure for verification purposes (KYC Verification). If the Publisher fails such verification upon registration or at any time thereafter, TraffiLeads can proceed as per provisions of the previous subsection.
4. TraffiLeads does not accept Publishers that:
4.1 Are natural persons and are not of legal age under the laws of the country they reside,
4.2 Are not properly licensed under any governmental or regulatory authority in the country they reside or are registered in, when such a license is required to be obtained in such country for operating activities under these Terms of Use.
5. A Publisher may not be admitted to and/or accepted into an Advertising Program if it is a Restricted Person. A Restricted Person has a different meaning for each Advertiser and shall be defined in the Rules of each
Advertising Program you will register for.
6. A Publisher shall not perform any promotional and advertising services and/or direct any marketing activity to the Restricted Countries. A Restricted Country has a different meaning for each Advertiser and shall be defined in the Rules of each Advertising Program you will register for.
7. Subject to TraffiLeads’s discretion, following completion of the registration and verification process, the Publisher shall be able to use the services of the TraffiLeads Advertiser Network and apply to participate in any Advertising Program for the benefit of any Advertiser. TraffiLeads retains the right and has the absolute discretion to reject such participation with or without cause (see more in section 4).
8. These Terms of Use shall at all times prevail any Rules available via the TraffiLeads Account.
9. The Publisher’s participation into the TraffiLeads Advertiser Network shall not in any way create any legal or contractual relationship between any Publisher and any Advertiser.
3. SCOPE OF THE TERMS OF USE
1. TraffiLeads operates the TraffiLeads Advertiser Network on the Website and allows access to it and its services to the Participants. Through this network Publishers can operate advertising and promotional campaigns via their Traffic Sources for different Advertisers under different Advertising Programs and, subject to the provisions of the Terms of Use, receive a Commission payout from TraffiLeads.
2. The Publisher must submit each Traffic Source via its TraffiLeads Account for verification purposes by TraffiLeads. The Publisher cannot and shall not use any Traffic Sources unless they are pre-approved for use in writing or via the Publisher TraffiLeads Account.
3. The Publisher shall always use and place any Ad Material in Traffic Sources in accordance with the present Terms of Use and the Rules applicable under any Advertising Program (collectively the Terms).
4. If TraffiLeads deems upon its sole discretion that the Publisher’s Traffic Sources or any of its advertising activities are contrary to the Terms, TraffiLeads shall have the right to de-activate the Publisher’s TraffiLeads Account, suspend any campaign, and/or terminate this agreement. If any Commission accrued to the date of Suspension, is deemed reasonable by TraffiLeads that it was generated in breach of the Rules, shall not be payable to the Publisher.
5. The Publisher shall be eligible to receive a commission payment from TraffiLeads for the services performed by the Publisher in accordance with the applicable Rules of the specific Advertising Program it shall perform services for (Commission). Any Commission shall be subject and calculated in accordance with the Rules of each Advertising Program which also defines which actions will be considered as ones that are eligible to generate Commission payouts for the Publisher (Successful Actions).
6. TraffiLeads shall track and log all Successful Actions and Fraudulent Activity, via Tracking Links and its online tracking system and monitoring software which may be operated by TraffiLeads and/or by a third party tracking system engaged by TraffiLeads (Tracking System). On the basis of the results of the Tracking System the Commission shall be calculated and TraffiLeads shall make such information available to the Publisher via the TraffiLeads Account. At all times whether a Successful Action was made is subject to the Rules of each Advertising Program.
The Publisher hereby acknowledges, agrees and confirms that it accepts and/or shall accept at all times any results produced by the Tracking System from time to time, as final, and the Publisher hereby irrevocably waives its right of challenging in any way such results at any time and for any service to be provided under the Advertising Program and respective Rules.
7. TraffiLeads Advertiser Network is a technological tool which is constantly being developed, upgraded and/or updated, therefore, TraffiLeads reserves the right to temporarily suspend full or part function of the network, from time to time, if it deems it necessary to do so for maintenance, improvements or any changes. TraffiLeads will not be liable for any direct, indirect consequential or otherwise, damages and/or losses.
8. TraffiLeads shall have no responsibility, obligation nor liability for: (a) the Publisher’s activity or inactivity, (b) any downtime or malfunction of the TraffiLeads Advertiser Network or Website or any Advertiser’s website, (c) any malfunction and/or non-proper performance of any Tracking Links, (d) any disruptions of communication, lines, technical problems etc., (e) the safekeeping of the Publisher’s password to the TraffiLeads Account and/or payment information, (f) for the payment of any taxes accrued by the Publisher pursuant to this agreement which the Publisher shall bear sole responsibility to pay and settle.
9. A Publisher may be required to use certain technical means and software packages, telecommunication networks and/or services of third party organizations, in order to gain access to the TraffiLeads Advertiser Network and make use of the services accordingly. TraffiLeads shall not be liable for any resulting costs, possible damages and/or interference.
10. Changes and Amendments.
10.1 The Company reserves the right to unilaterally amend, from time to time, for any reason whatsoever all or part of these Terms of Use and/or the Rules without securing a Publisher’s prior consent. If a Publisher does not agree with any changes, then it can terminate the agreement within 48-hours from notification of any changes. If a Publisher continues to actively participate in any program, it will be construed that the Publisher consents and agrees to such changes.
10.2 TraffiLeads may amend and change these Terms of Use or the Rules where it considers such amendments are required in order to comply with all legal obligations or any publication by a regulatory authority. Such changes shall have immediate effect and shall not require any previous consent.
4. PARTICIPATION IN ADVERTISER NETWORK
4.1 Following registration of a TraffiLeads Account, a Publisher can request to participate in any Advertising Program, at which point any and all advertising and promotional activities to be performed for that program, will be subject to the Rules which shall be additional to these Terms of Use and which shall be made available by such Advertiser and accessible to a Publisher via its TraffiLeads Account.
4.2 TraffiLeads reserves the right not to admit any Publisher to any Advertising Program, for or for no reason.
4.3 A Publisher can use any Traffic Source provided that are in compliance at all times with applicable laws and regulations, these Terms of Use, the Rules, Privacy Policy and are pre-approved in writing by TraffiLeads or via the TraffiLeads Account, provided that such approval is requested by TraffiLeads from time to time.
4.4 Inspections and Checks:
4.4.1 TraffiLeads shall have the right to request from the Publisher at any time, (a) to be provided with any and all data relating to the Traffic Sources and the traffic directed by the Publisher to an Advertiser, (b) to gain access to the statistics of any Traffic Source, while at the same time limiting the Publisher’s participation in the TraffiLeads Advertiser Network. In case of such a request by TraffiLeads, the Publisher must provide the data and/or grant relevant access, within but not later than 14 days. If the Publisher fails to do so then, the Publisher’s access to any Advertising Program may be suspended.
4.4.2 TraffiLeads reserves the right to take all actions and steps possible as it considers fit in its absolute discretion, in order to protect the interests of any Advertiser, including without limitation to disabling any Tracking Links, removing any advertisements and Ad Materials from Traffic Sources, limiting the Publisher’s access to the TraffiLeads Advertiser Network and/or particularly to any Advertising Program and/or any other actions that TraffiLeads deems necessary.
4.4.3 KYC Procedure: in order to perform verification checks as required by applicable laws and internal policies, the Publisher will, upon registration or within 7 days from the written request of TraffiLeads, submit with TraffiLeads, either via this email support@traffileads.com or via the KYC section of the TraffiLeads Account, the KYC Documents. Such KYC Documents may include: any documents (in the requisite form) for proof of identity/registration, date of birth or registration, address, tax identification number, ownership, licensing etc. If the Publisher refuses and/or fails to submit the KYC Documents, it will be construed as a withdrawal from participating and/or refusal to participate in the TraffiLeads Advertiser Network and therefore TraffiLeads may upon its discretion de-activate its TraffiLeads Account and/or limit its access to the Advertiser Network and/or terminate the agreement immediately and without notice.
5. RIGHTS AND OBLIGATIONS OF THE PUBLISHER
5.1 Good Faith. The Publisher will in good faith and diligently use all commercial efforts to perform the services for the benefit of any Advertiser under any Advertising Program.
5.2 Ethics. The Publisher shall maintain ethical and high standards of business practice, and conduct its business in such a manner so as to reflect favorably on TraffiLeads and the Advertisers.
5.3 Safety. The Publisher shall be responsible for the safety of its TraffiLeads Account credentials and payment information. The Publisher shall implement all necessary measures and take all necessary steps in order to ensure that all its information, including to any access codes, passwords, transaction activity and any other information made available via the TraffiLeads Account, remain confidential at all times. The Publisher hereby acknowledges and agrees that TraffiLeads does not have any responsibility in case of unauthorized access to its TraffiLeads Account by any third party or otherwise. The Publisher shall notify TraffiLeads immediately in the event of such unauthorized use.
5.4 Accurate Information. The Publisher shall always provide accurate and up-to-date information when performing any services under any Advertising Program, including when describing TraffiLeads and/or any Advertiser, their business, activities, products.