Affiliate – any natural or legal person (including agents, employees, representatives and other persons acting on their behalf) subscribed or registered on Detailed Graphics kft affiliate web to provide services.
Links - textual and/or graphic connection to the Program Web Sites and/or other creative information.
Affiliate Program - third party owned program which can be joined as an affiliate via www.AdsEmpire.com
Affiliate Account – virtual account provided to the Affiliate by Detailed Graphics kft
Media - means through which you can carry out an advertising campaign (web sites owned or controlled by you, emails if they are clearly identified as coming from you, other means of legitimate online advertisement)
Program Web Sites – web sites that are made accessible to you and featured through AdsEmpire and Affiliate Programs.
Detailed Graphics kft – the owner of the affiliate program and online platform used for affiliates and advertisers.
Partners – Program Websites’ third-party owners or authorized operators.
Commission - Fee amount per Conversion to be paid by Detailed Graphics kft to Affiliate
The following terms and conditions shall constitute a binding agreement (the “Agreement”), between you (“Affiliate” or “you”) the natural person or legal entity applying to join Detailed Graphics kft and Detailed Graphics kft (“Company” “we” or “us”). The provisions of this Agreement are applicable to your participation in the Affiliate Programs offered through Detailed Graphics kft and to your use of Detailed Graphics kft. Affiliate programs are managed by a third-party Partners, and links can be provided to certain websites of that Partner and their particular Affiliate Program offered to you through Detailed Graphics kft, along with additional terms and conditions and the policies of such Partners, which are expressly included here. Your submission of application and/or access or usage of Detailed Graphics kft is considered as direct consent to all the terms and conditions contained in this Agreement.
1. Affiliate Participation
1.1. Application and account creation
(a) Your application request should be sent via our website at AdsEmpire.com. To become our Affiliate you must complete the application form with maximum diligence and accuracy. No fake names, aliases or pseudonyms are to be used to disguise your identity or hide your contact information. You expressly consent to keep your contact information up to date and inform us of any changes upon our request. You also acknowledge and agree that use of your account is intended for you only and no other person or entity will be given any access to it and, likewise, you will not use any other person’s or entity’s account for your purposes.
(b) If you are not a trading entity but a natural person, in order to register and participate as an affiliate, you have to be over 18 (eighteen) years old and/or an adult person if residing and/or conducting business in the state or province according to the law of which the age of the adult person is greater than 18 (eighteen) years old.
(c) Your use of Detailed Graphics kft is subject to our confirmation. We may reject your application on any ground, including but not limited to the ground that we determine that your promotional methods or traffic sources are inappropriate for the Affiliate Programs, or if we suspect you may breach this agreement.
(d) If you are, or we deem that you are based in, or have other connection to any of the countries from OFAC, FATF Blacklist, FATF Greylist, Blacklist EU, UN Security Council sanctions regimes or EU Financial Sanctions consolidated List of persons, groups and entities, then your request will be automatically rejected.
All Forbidden Territories you can find here:
- FATF Greylist
- FATF Blacklist
- Blacklist EU
- EU Financial Sanctions consolidated List of persons, groups and entities
- UN Security Council sanctions regimes
(e) We may terminate or suspend your access to any Affiliate Program at any time for any reason following the terms of this Agreement.
(f) If we accept your request, you will be provided with login details for your Affiliate Account. You will be required to change the password and check the accuracy of your Account data upon the first logging in to your Affiliate Account.
(g) After approval, the relevant Affiliate Program graphic and text links to the Program Web Sites and/or other creative materials will be available to you. You may send them in emails with a clear explanation that they came from you, demonstrate them on the sites owned or controlled by you and or in an online advertisement. You will be identified as a member of the Affiliate Program with the help of the Links and will create a connection from your Media to the Program Web Site.
1.2. Your Warranties
1.2.2. You hereby undertake, represent and warrant to us as follows:
- You do not reside and are not located in any of the Forbidden Territories, nor do you have any commercial or private interest or connection to any party or person who resides or is located in the Forbidden Territories;
- All information you provided to us in your request and which you filled in an Affiliate Account is accurate, up to date and complete;
- If you are an affiliate network you shall procure and shall be responsible for ensuring that all your Affiliates shall fully comply with all the provisions of this Agreement;
- You have full power and legal capacity to enter into this binding Agreement on your behalf or on behalf of a legal entity that you represent;
- The login data of your account will always be kept strictly confidential and it will not be shared with any other person or party. You give your consent that you take full responsibility for all the activity conducted through your Account. In case of any theft or unauthorized use of your login data you are obliged to inform us as quickly as possible.
2. Payments/ Commissions
2.1. Subject to the terms of this Agreement, we will pay Affiliate for each Qualified Action (the “Commission”). A “Qualified Action” means a natural person who:
(1) Made access to the Program Web Site through the Link, where the Link is the last link to the Program Web Site;
(2) Is not an artificially generated user or fraudulent traffic, for invalid Conversions, which may originate (for example without limitation) from automatic openings, spiders, robots, requests in email or chat rooms, script generators, placing links on websites other than those informed, and clicks which are not generated by a browser or clicks which are not preceded by an active act of a true visitor who wants to reach a specific website.
(3) Does not use pre-filled fields;
(4) Fills in all the information required for such action within the time frames established by us and/or our Partners;
(5) In future is not defined by us and/or our Partners to be incomplete, fraudulent, unqualified or a duplicate;
(6) At a later time does not claim a refund or force a chargeback or reverse payment. Moreover, an action which is not a transaction or sale from the country of origin can be rejected.
2.2. We may decline any action which is not constituted as a Qualified Action under this Agreement as amended periodically. For all Affiliate Programs that consider a chargeable action to be a sale (i.e. Pay Per Sale), based on the partners request we have a right to take such actions: if an Affiliate is rewarded for a given Qualified Action but is subsequently refunded for the corresponding sale, later the commission sum refunded for this Action can be withdrawn from any other commission due to the Affiliate. Please take into consideration that if an end-user in the process of subscription is using a prepaid card that is impossible to rebill, you will receive the exact sum of their payment, not the default Pay Per Sale.
2.3. Our payments for the commissions are based on the Net30 schedule, upon condition that your account presently generates more than $500 per month and your chosen method of receiving payments is not bank transfer, Paypal, Payoneer, or Paxum. Weekly fees can take place if your weekly gain is greater than $1500 on a continuous basis, but on condition that you have an agreement with your account manager.
If the required limit of $1500 is not achieved, even once, we will downgrade your payment plan and commissions will be paid on a Net30 basis in lieu of a weekly one. If you would like to shift to the weekly-basis payments (Net7) once more, you must achieve the stated limit 5 (five) weeks in sequence, after that condition is met, you will be upgraded to weekly payments. Responsibility for all bank transaction fees will be divided equally between you and us if commissions exceed $3000.
If the balance of your account is less than the Minimum Balance, it will be moved to the next month over and over until it reaches the Minimum Balance. If the Qualified Action did not meet the requirements listed in para 2.1., we have the right to charge back payments for such Qualified Actions. Relations between you and the Company cannot be determined as employment relations since you are an affiliate and act as an independent contractor. You take sole responsibility for paying any social security costs, fees and/or taxes based on profit made through the Company.
You, as a party to this Agreement, take into consideration, understand and agree that if at any time we consider that your account has been compromised, or there is a possibility that this Agreement may have been violated or has been violated, we have the right to refrain from making any payments to you until we conduct a detailed investigation. You also agree that you will fully participate and cooperate with any investigation at your own cost, including but not limited to providing all required documents.
If you fail to swiftly comply with any notification, your payments will be delayed. To ensure that the total commission is accurately calculated and the payment amount is correct, we may retain your payment for a reasonable period.
Commissions are based on the funds provided to us by Partners, consequently, you agree that we take responsibility for the payment of Commissions only to the extent that such funds from the Partners have been received. You give your consent to release us from any claims regarding Commissions if such funds from the Partners have not been received.
2.4. Depending on which currency you choose when creating your account, commissions could be paid in USD, EUR or GBP. Payments made in a currency other than the one you have chosen will be automatically converted into the currency associated with your account according to the exchange rate policies and procedures contained on the http://www.xe.com/currencytables rate of currency by the date of Qualified Action.
2.5. An automatically generated invoice will be issued on your behalf for all Commissions payable under this Agreement, and all payments on the basis of that invoice will be transferred accordingly. By our sole judgment we will track all Links and delineations of Qualified Actions and Commissions. If you have an intention to dispute in good faith any part of the invoice, you must submit the dispute to us in written form, in sufficient detail, and with all evidence that you are able to collect within thirty (30) days of the date of the invoice. If you do not dispute the invoice, such decision means that you irrevocably waive all claims connected with that invoice. All payments are made based on the statistics of our tracking system. Our affiliate managers’ team will consider all disputes regarding statistics.
2.6. If it happens to be so that you have an outstanding balance due to us under this Agreement or any other agreement between us, regardless of the fact that it may or may not be related to your Affiliate Account or to the Affiliate Program, you give your consent that we may withdraw any such amounts due to us from the funds transferred to you under this Agreement.
2.7. Accrual of Referral Commissions are made on each payment transaction for each specified billable account as 5% of the transaction for the first six months of existence of that particular account or until the moment it is closed, depending on which comes first. If a new account is registered through your referral link it will be considered as referred by you. For terms of payment see clause (2.3.). Your Referral Commission and regular commission will be composed in one invoice if not agreed differently.
2.8. Billing details for commission payments that were provided by you and appeared to be incorrect, wrong or outdated, force us to pay bank charges and fees in order to refund the commission paid to the wrong billing account. If you give us incorrect, wrong or out-of-date payment details we have the right to collect from you any additional amount (hereinafter – Fine) when performing payout to you as a consequence of such violation. Fines will be imposed in the following cases:
1) You did not warn us/your personal manager in time after changing your payment details;
2) You provided us with incorrect, wrong or out-of-date payment details;
3) Your payment details were changed untimely (after the payment was sent etc.)
4) Other cases where we go through additional costs due to your fault.
2.9. The amount of the Fine that will be charged depends on the amount of the invoice and varies as follows:
Invoices up to $5 000 – Fine of $50 or equivalent in currency of payment
Invoices from $5 000 to $10 000 - Fine of $100 or equivalent in currency of payment
Invoices above $10 000 - the amount of Fine is a subject to each individual case but will not be less than $200 or equivalent in the currency of payment.
2.10. The commission earned by an affiliate may not be paid in order to close the account and/or reset the balance by our own discretion on such occasions:
1) If an affiliate provides incorrect payment details, fails to provide correct payment details in their affiliate’s profile, or by any reason fails to request the gained commission upon the expiration of a term of one year from the point of reaching the minimum amount to be paid ($3000 or $500) depending on the payment method;
If, upon the moment of the first paid action (the entered lead) and until the expiration of a six (6) month period an affiliate has not achieved the minimum of $3000 or $500 (depending on the payment method).
2.11. In case the Affiliate's account is not active for a period of 6 (six) months and the Affiliate has not requested the payment of Commissions within these 6 (six) months, any and all Commission may then be deemed as void and written off the balance and the account may be terminated.
3. Rules and Obligations for Affiliates
3.1. In addition to any other warranties within this Agreement, you clearly understand, accept and give your consent to the following obligations by warranting and representing in good faith to us that:
(a) You are solely responsible for the operation, development, and maintenance of all the content of your Media and the content that is linked to your Media. You give us warranty that all content posted on your Media or elsewhere that has any connection with any Affiliate Program:
1) Is not illegal;
2) Does not violate any third-party personal or intellectual property rights, and;
3) Does not contain, refer or link to any data which is harmful, defamatory, threatening, sexually explicit, obscene, promotes violence, harassing, promotes discrimination (whether based on religion, nationality, sex, ethnicity, race, disability or age), contains profanity or otherwise contains materials that we or any Partner (acting through us or directly) informs you that it determines to be inadmissible , or destructive to the reputation of us, or any Partner acting in our sole discretion (collectively, "Prohibited Content").
(b) You will not create or formulate any statements, representations or warranties regarding us, Detailed Graphics kft, Programs Websites, Partners and/or any related services or products offered by us or our Partners, except as explicitly permitted in this document.
(c) Your Media does not replicate or repeat the visual appearance and sense of AdsEmpire.com or any Program Web Site or gives reason to believe that your media is supported by us or any Partner, without our prior written consent.
(d) You will follow all:
- requirements, restrictions and obligations contained in this Agreement;
- rules, laws and regulations as they are applicable to fulfilment of your obligations under the terms of this Agreement, your business, your involvement in AdsEmpire.com and Affiliate Programs, your Media or usage of the Links;
- the terms, conditions, policies, guidelines or other legal acts of any third party services used by you in relation to the Affiliate Program, including but not limited to social networking services, email providers and ad networks.
(e) Program Web Site ads or media will never be placed by you on any online auction platform (i.e. Amazon, eBay or similar).
3.3. The additional program-specific terms which are applicable to every specific type of program are set below:
3.3.1. Email Campaigns:
(a) Email advertising which is conducted through the use of emails or through use of links inside the email itself is severely prohibited. If this rule is breached by you or by someone acting on your behalf we are empowered at the very first opportunity to terminate and/or suspend your Account without any notification or payment. If you intend to advertise any of the Program Websites by email, please contact us using this email: email@example.com
Without previous approval, any email promotion such as spamming or other breach of relevant rules will subsequently result in an instant ban from Detailed Graphics kft and Program Websites without effecting any payment to you.
(b) For all approved email promotions you must download the "Suppression List" Detailed Graphics kft Any entries from the Suppression List have to be removed in accordance with the latest update. Use only remaining addresses from your email list. An opt-out method will be provided in all Links, but if you receive opt-out requests directly you must forward them to us at firstname.lastname@example.org as soon as possible. Your emails containing the links may not include any other content, except the content required by law.
(c) You accept and acknowledge the fact that inability to upload the Suppression List and to delete all emails from the database prior to mailing can lead to Commission removal, withholding or suspension from all or some of the Affiliate Program(s) and/or Detailed Graphics kft, a potential lawsuit and/or any other available remedies not limited by this Agreement.
You also warrant that you will not send emails or advertise any suppression files designed through Detailed Graphics kft and that violation of this rule may result in consequences described hereinabove.
3.3.2. Advertising Campaigns
(a) Unless it is explicitly agreed between product owners and Detailed Graphics kft, no Links can be connected with or be placed on bulletin boards or chat rooms. During promotion campaigns no advertisement of chat traffic should be used. Pop-ups and pop-unders applicable to the Affiliate Program will be explicitly determined in the page title of the window as served by the Affiliate. Any software the purpose of which is advertising on a client-side used by you shall be solely installed on end-users devices if all the features and functions are described in a clear and detailed manner before installation. Installation is carried out in accordance with a positively accepted end user license agreement in plain English, and the software can be easily uninstalled in accordance with commonly accepted methods.
(b) In case there is a limit for any promotion – CAP (that is, the maximum payoff per promotion or the maximum number of leads /clicks / sales taken for a promotion), you acknowledge and give your consent that you will receive no payment for every action that exceeds this limit - CAP. Monitoring of such Caps limits is your sole responsibility.
3.3.3.CPA Network Campaigns.
You give your consent to post Links on your affiliate network (the "Network") for all affiliates who service their own affiliate networks. This is done with the purpose of giving access and use to those affiliates on the affiliate network (each of which is a "Third-Party Affiliate"). You give your consent that it will be expressly prohibited for any Third-Party Affiliates to alter the links in any way. You give your assent that your Network will respect the highest industry standards. You must not allow any party to be a Third Party whose business model or website contains Prohibited Content. All Third Party Affiliates must have a good business relationship with you. Before obtaining access to the Links, all Third-Party Affiliates accept this Agreement without complaint and express their will to strictly follow the rules of the Agreement. This information should be confirmed by you. You must immediately cease association with any Third-Party Affiliate who breaches or may potentially breach the terms of this Agreement. In case any party supposes any illegal or dishonest behavior on the part of the Third-Party Affiliate in relation to the links, you must immediately reveal to Detailed Graphics kft the personality and contact data of such Third-Party Affiliate. Any Third-Party Affiliate from the Affiliate Program must be immediately removed by the Affiliate. Third Party Affiliate access to future offers operated by Detailed Graphics kft on the Web should also be terminated, upon written notification by Detailed Graphics kft Except where all faithful and full contact information about Third Party Affiliates has been provided to Detailed Graphics kft and if such Third-Party Affiliate has positively agreed to follow the provisions this Agreement as recorded by Detailed Graphics kft, you are responsible for all actions or omissions of any Third-Party Affiliate.
3.3.4. Social network usage
You or any person acting on your behalf, directly or indirectly, is strictly forbidden to use social media sites, including but not limited to Twitter, Facebook, Instagram and other social media sites, to advertise any of the Program's websites. If there is an apprehension that any leads were obtained by means of such social channels, and there was a violation of this paragraph, such leads will not be paid.
3.4. Mobile devices and traffic
(a) Traffic from desktop and tablet devices is only accepted for targeted web pages (landing pages).
(b) Except for tablets, traffic from android and iOS devices is accepted only for mobile landing pages.
(c) Mobile landing pages are forbidden for iPod touch, iPad and BlackBerry devices. The list of inadmissible devices is updated on a regular basis and can be provided by your AM (affiliate manager) upon your request. You are responsible for ensuring that you are familiar with the latest AM recommendations and restrictions before starting your campaign.
3.5. Private Programs
(a) Before starting any private program, you must obtain approval from our affiliate managers.
(b) Private campaigns, that are active, must be suspended for 48 hours (including weekends) at the request of your AM. Commissions for all leads received after this deadline will not be considered payable.
3.5.1. Before starting any private program, you must obtain approval from our affiliate managers.
3.5.2. Any private programs that have been suspended for more than 5 calendar days must not be re-started without the resolution of the affiliate manager.
3.5.3. Your campaign must be launched within one week of you receiving the links from your AM. If you have not launched the campaign within one week, the campaign is treated as invalid and you need to affirm links and re-request resolution to start traffic again.
4. Intellectual Property Rights and License
4.1. Modification and/or alternation of Program Web Sites or company logos in any shape or form is not permitted. If you would like to receive a copy of a specific size / format, you can send a request by email.
4.2. You must refrain from purchasing, bidding or otherwise obtaining any URLs or domain names that include or are confusingly similar/identical to our Partners’ trademarks, service marks (both registered and unregistered) or URLs, including but not limited to words or URLs such as Detailed Graphics kft.
4.3. Creation of negative sites with the purpose of driving traffic to sites of programs provided by Detailed Graphics kft is strictly prohibited.
4.4. Without previous express consent, any use of our Partners’ trademarks, whether registered and/or unregistered, is prohibited.
4.5. Without the written permission of the website operators / owners you are not permitted to “lift” or replicate text, images or any other data from other websites. If you want to use any replica to endorse such content and find useful data on such sites, we kindly ask you to carefully and attentively express the texts in other words. If you fail to follow this rule it may consequence in the annulment of the affiliate program.
4.6. You may not use text advertisements developed by you (or any third party directly or indirectly related to you) unless they have been accepted and approved by the Detailed Graphics kft affiliate team.
4.7. It is forbidden to publish any data that does not match with genuine data about the services offered by Program Web Sites and may possibly impact the repute of the Company or cause complaints from customers (Example: "Offer with a limited duration" / "Offer expires today: 's_date' / 'Free Chatroom' / or any other paid features available to Premium members only)
4.8. The use of any sexually explicit, adult, pornographic or in other way offensive information to advertise iOS or/and android applications operated by Detailed Graphics kft is forbidden. Usage of any trademarks of Apple, Google companies and/or their subsidiaries including but not limited to iTunes and Google Play is forbidden in relation to any sexually explicit, adult, pornographic or in other way offensive ads and ad pages.
4.9. The abuse of any third-party copyrights or trademarks is prohibited. If we find any violation of this provision by any affiliate, and we are reached by a third party whose rights have been violated, we will provide that third party with any support they ask for to bring a lawsuit against you.
4.10. You are granted a non-exclusive, non-transferable and revocable license to use the Links and to enter Program Web Sites using links, subject to the terms and conditions of this Agreement and our policies and procedures, in order to identify your media as a member in the Affiliate Program and provide support in increasing sales through the Program Web Site. It is prohibited to change, manipulate, alter, add to, or otherwise modify any tools (derivative works of the Links or any creative, graphics, copy or other materials) provided by Detailed Graphics kft by any means. You are only allowed to use links if you are a member of the affiliate program in good standing. By sending you written notification we have a right to cancel your license at any time. Unless as expressly stated hereof, nothing in this Agreement is tending to provide you any rights in regards to any of the Partner's service marks, patents, trademarks, copyrights, or trade secrets provided solely to Detailed Graphics kft.
4.11. You give your consent that Detailed Graphics kft have the right to use any comment, suggestion and/or recommendation you made a decision to provide to Detailed Graphics kft without emolument.
4.12. All rights that are not directly granted under this Agreement are reserved by Detailed Graphics kft.
5.1. By accepting the present Agreement, the parties give their consent that all information including but not limited to the conditions and circumstances of the present Agreement, financial and business information, pricing and sales information and customer and supplier lists concerning us or any of our affiliates, provided by any of them or on their behalf, qualify as business secrets and state that they bear liability for every sanction arising from the infringement of the Agreement. This includes, but is not limited to, any attempts to reproduce a similar choice of sponsors and products, using the same type of rotation as (name of the company). Such information should not be used, directly or indirectly, by you for any purpose other than your participation in the Affiliate Program. The only exceptions are those where such information is generally known or available to the public through a source other than you.
6.1. This Agreement is effective from the date we approve your application to participate in the Affiliate Program and will remain in effect thereafter until terminated as set forth herein.
6.2. You are able to terminate your membership of the Affiliate Program anytime by extracting all links from your Media and removing all copies of links.
6.3. We have the right to terminate your involvement in one or more of the offers provided by Detailed Graphics kft or this Agreement anytime and for whatever reason we deem necessary, with or without advance notice, by Links shutdown or by sending you written notice.
6.4. We may close your account if it has not been used for two or more months.
6.5. Effects of termination:
(a) When your participation in one or more of the offers provided by Detailed Graphics kft or in this Agreement is terminated for whatever reason, you must instantly stop any use and delete all links and all intellectual property of Detailed Graphics kft and cease acting as a CPA of Detailed Graphics kft Network for one or more offers.
(b) All rights to legitimate charges, grounds for action and any provisions that are required by their terms to remain in effect and will remain in effect upon any termination. However, if we terminate this Agreement because you have violated, threatened to violate, or we consider that you intend to violate this Agreement, you are not entitled to receive any Commissions, even if the Commission was due to you from the moment of the termination date.
7. Affiliates’ Non-acceptance
7.1. We may suspend or close your account as described herein for any ground, including but not limited to:
a) Our terms and conditions have been violated;
b) Our email policies and Partners' PPC policies are not being duly abided by;
c) Your site is using a trademark of our partners to advertise a dating site that is not part of our list;
d) Your site is hosted for free;
e) Your site embodies only banners and is very limited in content;
f) Your site is still in the development phase;
g) Your site is not accessible or does not function correctly;
h) Your site contains inappropriate or abusive information;
i) An automatic program redirects users from your site to a site of our partners;
j) Goods and/or services that are unlawful on the territory where customer resides, including but not limited to (prostitution, drugs, weapons, etc.) can be purchased from your website.
k) Unlawful photographic material or content is placed on your website(s).
8.1. Detailed Graphics kft have the right to delete any activity located on your links, besides any other rights and remedies accessible to us under this Agreement, as well as freeze and withhold any unremitted payments or remit payment to your account if:
a) Detailed Graphics kft defines that you have breached this Agreement;
b) we receive any claims regarding your involvement in the Affiliate Program that Detailed Graphics kft consider a breach of this Agreement; or
c) it was later defined that any Qualified Action does not meet the requirements established in this Agreement or the Affiliate Program;
8.2. Such withholding or freezing of Commissions or refunds of paid Commissions shall not take into account whether such Commissions were earned as a result of such violation. In case of a material violation of this Agreement, Detailed Graphics kft has the right to disclose your personal and contact data to any third party who directly suffered from your activity or to the appropriate law enforcement or regulatory officials.
9. Anti-spam Policy
9.1. The federal CAN-SPAM Act of 2003 and Data Protection Act 1998 (the "Act" – as may be applicable hereto) must be strictly followed by you. A suitable opt-out link must be contained in any emails sent regarding the Affiliate Program. We have the right to request that, before you send emails which contain links or links connected with the Affiliate Program, you send the final variant of your email to Detailed Graphics kft for approval by sending it to a Detailed Graphics kft agent and receiving written acknowledgment of your email from Detailed Graphics kft. Email may be transferred to third parties.
9.2. It is your own responsibility to ensure that your email is in accordance with the Act. You give your consent not to rely on the approval of your AdsEmpire email in accordance with the Act and not to make any representations that you are complying with the Act based on the approval of Detailed Graphics kft.
9.3. You are not allowed to use any of the listed methods including but not limited to: spam in newsgroups, spam in instant messaging, spam in search engines, posting comments with your affiliate URL integrated in sites that you do not own, spam in blogs, spam on wiki, spam with classified ads on the Internet, spam in messages on mobile phones, spam on Internet forums, sending chain letters, mass mailing of any type, spam / junk faxes, and spam on file sharing networks and social networks.
10. Scams and Fraud
10.1. It is strictly forbidden to use any means, persons, devices, mechanisms or agreements to commit fraud, breach any applicable law, intervene with the activities of other affiliates or falsify/distort data in relation to referrals through the Links, create Commissions or exceed authorized access to the Affiliates Program. Such actions include but are not limited to, the use of spyware, the use of automated tools to increase the number of clicks on links or fill in any necessary information, the use of programs that steal information, the use of cookie-stuffing and other click fraud or misleading activity.
10.2. The Company expressly forbids the use of any proxy / VPN or any other inappropriate tools and methods by you or a third party directly or indirectly associated with you, and reserves the right to instantly refuse and withhold payment for all and any leads created through the proxy/ VPN or any other forbidden tools and methods used by you or by third parties directly or indirectly associated with you.
10.3. AdsEmpire makes all decisions about fraudulent activities at its sole judgment. The Affiliate will not add leads or clicks on false pretenses, or gain leads or clicks by generating fraudulent traffic. The Company may refuse to pay for leads gained through a proxy server / VPN and other inappropriate tools and methods detected by the AdsEmpire Internal Fraud Protection System. Any swindle, attempted or real, is an instant justification for us to terminate your account and withhold any amount outstanding to you.
10.4. You also give your consent that any of the below listed actions taken by you or any third party directly or indirectly managed by you will result in the termination of all your accounts without payment, including but not limited to all commissions accrued to you by the Company, and will consequence in you being permanently banned from participation in any of our Programs:
a) Distribution of unrequested mass emails, chat rooms, instant messages, ICQ or IRC messages, newsgroups or any other form of SPAM;
b) Promotion or dealing with content including but not limited to rape, bestiality, violence, child pornography, or any other unlawful activity. The foregoing also includes the use of forbidden content in hidden text, links, meta tags, graphics(s) or any HTML;
c) Misleading, deceiving or attempting to mislead / deceive / swindle the Company in any way;
d) Using a deceptive Internet domain name that readdresses traffic and can either trick a person into viewing obscene material or trick a minor into viewing content that is detrimental to minors on the Internet;
e) Providing incorrect or insufficient account data and hijacking traffic;
f) Requiring hits or subscriptions to enter or gain access to services or goods on your (or a third party) website;
g) Using any mechanism or attempt that dishonestly gains hits or subscriptions, including Affiliate subscriptions. If you want to perform a test registration, you must first send us an email at the address provided in your account documentation;
h) Infringement or breach of any rights of any legal entity or natural person, including but not limited to any trademark rights, patent rights, copyright, privacy rights, publicity rights, or any other infringement or violation of intellectual, personal or property rights;
i) Tricking or defrauding in regards to any other sponsor or affiliate program;
j) Hosting on free of charge, non-adult hosts where adult content is prohibited. Including but not limited to Angelfire, GeoCities, Xoom, Tripod, CJB.net, or Hypermart;
k) Giving false information about Program Websites provided by Detailed Graphics kft in any way, including but not limited to, misrepresenting membership fees, terms of membership or content located on Program website(s);
l) Misuse of the terms of the Detailed Graphics kft and Program Websites, including but not limited to advising a member to cancel and register, is also prohibited in any way or format;
m) Use of any form of misleading and /or dishonest advertising;
10.5. Bargaining or acquiring online promotion tools / schemes that confuse or mislead because of the likeness with any of the Partners service marks, trademarks, or URLs. Promotion schemes are forbidden by these Terms, including AdWords, pay-per-click models, search engine keywords, sponsored links, or similar advertising schemes.
11. Representations and Warranties
11.1. You represent and warrant that you are entitled to enter into this Agreement. This Agreement establishes your valid, legal and binding obligation enforceable against you in accordance with its terms. In accordance with the other terms and conditions of this Agreement, Detailed Graphics kft and warrants that it will not purposely infringe any rules, laws or regulations which are applied to Detailed Graphics kft’s own business actions or to the Products provided by Detailed Graphics kft.
12.1. In addition to any notification allowed under this Agreement, we have the right to change any provisions of this Agreement at any moment. We will notify you of such changes by posting a notification on the Site or by sending you an email inviting you to review the amended Agreement. Such amended Agreement will enter into force and will apply to you after we post such Agreement on the Site. If you continue to use our Service by following the posting of such a change, such behavior will be considered as your acceptance of any such amended Agreement.
12.2. It is your responsibility to check the Agreement and familiarize yourself with any changes. Amendments may include modifications to payment operations and your limitations on the use of your account. If you cannot accept the changes, you have the right to terminate this Agreement without penalty within the specified period of 7 business days.
12.3. Your ongoing involvement in this Affiliate Program after the modification notice has been declared on the Site will be regarded as your acceptance of such amendment. Additionally Detailed Graphics kft may discontinue, change or suspend any part or feature of a Link or an offer, and/or modify, alter, remove or change any text, tags, graphics or banner advertisements associated with a Link. The Affiliate gives consent to immediately comply with any request from Detailed Graphics kft to remove, change or alter any graphic or banner advertisement or Link that is used by the Affiliate under the Affiliate Program.
13. Unprejudiced Investigation
13.1. You confirm that you have read this Agreement and give your consent to all of its terms. You have irrespectively assessed the preference of your involvement in the Affiliate Program and each proposal operated by Detailed Graphics kft and do not rely on any representations, warranties or proposals except those that are stated in the Affiliate Program or this Agreement.
14.1. The Affiliate hereby gives consent to compensate, protect and secure the owners / operators of Detailed Graphics kft and the Program Websites and their affiliates, relative subsidiaries, directors, partners and licensors, employees, officers, owners and agents from any actions, demands, claims, losses, liabilities, judgments, damages, costs, settlements and expenses (including fees and costs of attorneys) based on:
1) any failure or violation of this Agreement, including any warranties, statements, understandings, covenants, limitations or obligations assumed by the Affiliate in this document;
2) any abuse by an Affiliate or a party under the rational control of an Affiliate, or gaining access through an Affiliate, or Links or intellectual property of Detailed Graphics kft or Partners’, or;
3) any demands regarding your Media, including but not limited to, the information which is contained on such Media (except links).
15. Limitation of Liability
15.1. Under no circumstances shall the Company be responsible for inaccessible or unusable program websites, links, computer errors, technical failures, damage, loss, disruption or distortion of information of any kind beyond our reasonable direct control.
15.2. 15.2. Under no circumstances do we assume liability for any incidental, consequential, indirect, personal injury / wrongful death, exemplary or special damages, including but not limited to damages to the business or loss of profits, even if such damages are foreseeable and regardless of whether or not we were notified of the possibility thereof.
15.3. Our aggregate liability to you for all basis of a claim and for all hypotheses of liability will be restricted to and will not overstep the amounts we have paid you in commission in the 7 immediately preceding such claim.
16.1. Services provided by Detailed Graphics kft, links and each Affiliate program, and products and services provided in connection with them, are provided to Affiliates “as is”.
16.2. To the exclusion of cases expressly stated in this document, Detailed Graphics kft explicitly denies all warranties, whether implied, express, or statutory, including, but not limited to, the marketability implied warranties, non-violation and suitability, as well as any warranties arising from business relationship, usage or trade.
16.3. Detailed Graphics kft does not warrant that the Links or Affiliate Program will correspond to all the specific requirements of the Affiliate or that the Affiliate Program or links will be entirely faultless or continuous. Detailed Graphics kft explicitly denies any responsibility for any actions or missteps of a client, its services or products. Detailed Graphics kft does not ensure that an affiliate will gain a specific sum of earnings.
17. Governing Law & Miscellaneous
17.1. You shall be in charge of covering all expenses, fees and costs incurred by attorneys and/or Detailed Graphics kft to compel compliance with the terms of this Agreement.
17.2. This Agreement constitutes the entire agreement between you and Detailed Graphics kft in relation to the subject matter of this Agreement and replaces all previous and/or simultaneous agreements, understandings or covenants, whether written or oral. You give your consent that Detailed Graphics kft will not follow or obey any online terms or Affiliate insertion orders that modify, contradict, or annex this Agreement, notwithstanding whether Detailed Graphics kft “clicks” or otherwise expresses its consent to it.
17.3. No assignment of this Agreement or its part by You is acceptable unless previously agreed in writing by Detailed Graphics kft. Detailed Graphics kft has the right to assign this Agreement at any time by only notifying you. This Agreement will be obligatory and mandatory and will be in the interests of the successors, legal representatives and authentic assigns of the parties.
17.4. The following Clauses - Confidentiality, Intellectual Property Rights and License, Termination, Anti-spam Policy, Scams and Fraud, Representations and Warranties and including Unprejudiced Investigation -Disclaimers, shall remain in effect upon termination of this Agreement. In case any provision of this Agreement is invalidated, considered to be void or inoperative, the rest of provisions of this Agreement will remain in effect, and the inoperative part of any provision will be considered modified to the least extent necessary to eliminate such invalidity, while saving the original intentions of the parties.
All parties to this Agreement act as an independent contractor with respect to the other party in all matters arising in connection with this Agreement.
17.5. You agree that nothing in this Agreement should be construed as creating a joint venture, partnership, employment, association or agency relations between the parties. No business relationship or any impediment in the performance of any rights under this Agreement constitutes a waiver of such rights. No waiver of any non-performance or violation shall be deemed an ongoing waiver or waiver of any other violation or non-performance. If you submit an application to the Affiliate Program, you confirm that you have read this Agreement in full and agree to abide by all its terms.
17.6. If you do not want to be obliged by the provisions of this Agreement, you should not apply for participation in the Affiliate Program. If a natural person accesses this Agreement on behalf of a legal entity, that natural person declares that he/she has all the rights and powers to represent and impose a legal and contractual obligation on that legal entity to this Agreement.
17.7. This Agreement is governed by the laws of Hungary. Any claim or dispute arising out of or in connection with formation or its subject matter (for non-contractual claims or disputes as well) will be regulated and interpreted pursuant to the laws of Hungary. Courts of Hungary has exclusive jurisdiction to hear, determine and review any dispute, lawsuit, claim, or action that may arise under this agreement or outside of it. The parties give their consent to the personal jurisdiction and chosen venue for resolving disputes between them. Should you have any questions or want to clarify any of the provisions listed above, please contact us by email email@example.com