|Publisher > Agreement|
This Agreement shall commence upon your acceptance and remain in effect until terminated. This Agreement may be terminated by either Party upon one (1) business days' notice. This Agreement shall terminate immediately upon the dissolution or insolvency of either Party. AdsCampaign Group reserves the right, in its sole and absolute discretion, to terminate a campaign and remove any advertisements at any time for any reason.
During the month a publisher may view the online reports within AdsCampaign Group reporting system which in ALL ways are estimate numbers that can be changed until 15 days after the end of the month. Campaigns can be customized at any time by the AdsCampaign Group team to comply with advertiser’s ad serving numbers. At the end of the month the reports are frozen and within 15 days will include the definitive numbers of earnings. This also states that the AdsCampaign Group stats will be leading in every case. All reported numbers for the purposes of billing and general delivery reporting are based on Right Media server reports - under "Net pub comp ($)" column unless mentioned else in this IO.
Site may NOT place any AdsCampaign Group advertisements on alternative publishers or websites without written consent and approval of AdsCampaign Group. Publisher will not place advertisement on pornographic/offensive, and/or warez, and/or illegal MP3 sites/directories, and/or P2P (not approved by RIAA)/Bit-Torrent sites, and/or Spyware or malicious code of any sort and/or alternatively questionable areas.In case where advertisements are placed in such locations, AdsCampaign Group reserves the right to withhold payment for the entire campaign and/or submit an immediate legal action against the company and/or set a financial penalty in the amount of $10K (USD) or a higher sum, based on the damages caused to AdsCampaign
IN NO EVENT SHALL AdsCampaign Group BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM YOUR USE OF THE SITE, OPERATION OF A PROGRAM, OR YOUR DISPLAY OF ANY PROGRAM CREATIVE ON YOUR MEDIA, INCLUDING BUT NOT LIMITED TO BROKEN IMAGES, SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES, EVEN IF AdsCampaign Group HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE INFORMATION, CONTENT AND SERVICES ON THE SITE ARE PROVIDED ON AN "AS IS" BASIS WITH NO WARRANTY. YOU USE THE SITE AND RUN PROGRAMS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY LAW, AdsCampaign Group DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE OPERATION OF THE SITE, THE INFORMATION, SERVICES, AND CONTENT INCLUDED ON THE SITE AND PROVIDED BY AdsCampaign Group, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. AdsCampaign Group DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ON THIS SITE OR PROVIDED BY AdsCampaign Group IS ACCURATE, COMPLETE OR CURRENT.
You shall indemnify, defend and hold AdsCampaign Group harmless from and
against any and all claims, allegations, liabilities, costs and expenses
(including reasonable attorneys' fees) by third parties arising out of
Your: (a) improper use of the Site; (b) improper operation of a Program; or
(c) breach or violation of this Agreement. AdsCampaign Group shall
indemnify, defend and hold You harmless from and against any and all claims
allegations, liabilities, costs and expenses (including reasonable
attorneys' fees) by third parties arising out of any actual infringement of
intellectual property rights resulting from Your display of AdsCampaign
Group's advertising creative provided in connection with operating a
AdsCampaign Group may assign this Agreement to a subsidiary or business successor. You may not assign this Agreement without the prior written consent of AdsCampaign Group, which shall not be unreasonably withheld. This Agreement shall be construed and governed by the law of the state of Israel You expressly consent to the exclusive venue and personal jurisdiction of the state of Israel for any actions arising from or relating to this Agreement.
If any provision of this Agreement is held to be invalid, illegal or unenforceable for any reason, such invalidity, illegality or unenforceability shall not affect any other provisions of this Agreement, and this Agreement shall be construed as if such invalid, illegal or unenforceable provision had not been contained herein.
Neither Party shall be liable to the other by reason of failure or delay in the performance of its obligations hereunder on account of Acts of God, fires, storms, war, governmental action, labor conditions, earthquakes, natural disasters, interruption in internet service or any other cause which is beyond the reasonable control of such Party.
This Agreement contains the sole and entire agreement and understanding between the Parties relating to the subject matter herein, and merges all prior discussions, whether through officers, directors, salespersons, employees or consultants. Each Party is an independent contractor and not a partner, joint venture or employee of the other. All notices shall be sent to the addresses submitted by You when signing up for the service by certified mail, fax, email or courier. AdsCampaign Group reserves the right to change any conditions of this contract at any time.
Revshare deal based on placements generated by AdsCampaign Group Reporting Source – All reported numbers for the purposes of billing and general delivery reporting are based on Right Media server reports.