1.1 For the purposes of this Agreement, ADSTELLAR is one of the law firms that has signed the relevant injunction order between the parties.
1.2 TO ACCEPT THESE TERMS AND CONDITIONS AND CREATE AN ADVERTISER ACCOUNT, AN INDIVIDUAL MUST BE AN ADULT OF LEGAL AGE OF MAJORITY IN THE COUNTRY IN WHICH THE ACCOUNT IS REGISTERED. THE INDIVIDUAL WHO PROVIDES INFORMATION PURSUANT TO THE PROGRAM AND ACCEPTS THIS AGREEMENT HAS FULL LAWFUL POWER AND AUTHORITY TO ENTER INTO AND CARRY OUT THE TERMS OF THIS AGREEMENT (INCLUDING FULL LEGAL CAPACITY TO ACT ON BEHALF OF A LEGAL ENTITY IN CASE ADVERTISER IS A LEGAL ENTITY), AND IS LEGALLY AND FINANCIALLY RESPONSIBLE FOR ALL ACTIONS ON THE ACCOUNT, INCLUDING THE ACTIONS OF CHILDREN AND ANYONE ELSE WITH ACCESS TO IT.
1.3 These terms and conditions (the "Agreement") govern the relationship between the ADSTELLAR and all advertisers (the "Advertiser") who register to use the ADSTELLAR services on the Website. This agreement governs the relationship between the company and the advertiser. All input commands indicate the input of such input commands (hereinafter - "IO"). This agreement and the IO form are agreed by both parties as a single document. At the same time, the name of the company provides the advertiser with the services mentioned here, indefinitely through its www.adstellar.io ("Website") or in any other way it chooses. However, the advertiser pays for his services to ADSTELLAR. Accordingly, your use of and access by the Advertiser to the Website constitutes your consent to this Agreement, the Privacy Policy and any additional rules and guidelines that ADSTELLAR may post on the Website. Unless the parties terminate the partnership and continue to cooperate in the event of expiry of certain campaigns (including budgets, deadlines and delivery details) specified in the PO and termination of the terms of this Agreement and the actual PO. Terminate this Agreement, unless amended by either party by e-mail or by signing a separate OP. If the advertiser does not agree to abide by this agreement and the privacy policy, ADSTELLAR may not provide services to the advertiser until the parties agree and sign a new agreement. Disclaimer. ADSTELLAR may change this Agreement and Privacy Policy at any time and may notify advertisers. However, the Company encourages advertisers to visit the Website on a regular basis to review this Agreement and the Privacy Policy. In the absence of a signed agreement, ADSTELLAR agrees to accept such changes directly between the advertising parties using the website after the changes are posted, whether or not agreed.
2.1 "Advertiser" means the person or company paying for the advertisement, as set out in the relevant Placement Order Form and these Terms of Use.
2.2 "Advertising material" means any material used to promote a brand, product or service, such as interstitial advertisements, banners, badges, buttons, text links, etc.
2.3 "Promotion" means any advertisement for the products or services of a particular advertiser through ADSTELLAR under a particular PO.
2.4 "IO" means the mutually agreed to implement order containing these General Terms and Conditions by which ADSTELLAR provides traffic to the Advertiser's products or services.
2.5 and below "Traffic" means internet users who belong to a specific campaign.
3.1 If the PO is approved in writing by ADSTELLAR in accordance with the terms of this Agreement, ADSTELLAR undertakes to make all commercially reasonable efforts to provide the Services and to carry out the campaigns described in the PO (collectively, "Campaign").
3.2 The Advertiser completes or provides ADSTELLAR with all information requested by the PO, including the Banker's bank details.
3.3 ADSTELLAR does not warrant the placement, placement, or delivery of the Promotional Materials or the actual quantity and quality of the traffic, publication, modification, or printing of the Promotional Materials. The promotion, placement, and distribution of creativity are at the sole discretion of ADSTELLAR, unless such placement, distribution, and distribution are provided specifically to the PO and agreed upon between the parties, and ADSTELLAR is not prohibited from communicating creativity in its products or business. Competitive with the supplier's product or business.
3.4 ADSTELLAR reserves the right to suspend, suspend or cancel any campaign and/or to suspend any advertising content at any time. May bear any other liability. ADSTELLAR may also reject, reject, suspend or cancel any campaign if it deems it offensive or unacceptable.
4.1 ADSTELLAR provides these services without further acceptance by the advertiser of the commitments, agreements and all transactions made by ADSTELLAR, regardless of the campaign period specified in the IO between parties.
4.2 For payment, advertisers must provide ADSTELLAR with figures and statistics calculated within 5 business days of the billing month or other billing period agreed upon by the parties. If the advertiser does not provide the account number to ADSTELLAR during the above period, ADSTELLAR will issue and send an invoice based on the number reported by ADSTELLAR. ADSTELLAR reserves the right to challenge any number reported by the advertiser within 5 business days of receiving the number reported by the advertiser. In the event of a discrepancy, the reported number of ADSTELLAR monitoring platforms will prevail, unless the advertiser can prove that the discrepancy is the fault of ADSTELLAR. Once you have agreed to the reported numbers, ADSTELLAR will bill advertisers monthly or at other intervals specified in the PO and/or agreed between the parties. The advertiser promises to agree and undertake to pay the amount specified on the invoice. These amounts may include all applicable sales, usage, excise, and/or other charges, as applicable. Such amounts may include benefits, commissions, or deductions in accordance with the terms of this Agreement and the additional terms set forth in the SOE. Payments must be made within fifteen (15) calendar days of the date ADSTELLAR is billed and the date ADSTELLAR is shipped to the advertiser because you do not agree with the other payment terms in the relevant PO.
4.3 All payments below will be made by bank transfer by the advertiser to his ADSTELLAR account, in accordance with the bank details specified on the invoice. All bank charges and fees are paid by the advertiser. Other payment methods, such as Payoneer, Paxum, Paypal, etc., are also acceptable if agreed by the parties.
4.4 Advertisers acknowledge and agree that the credit card, payment and other payment information provided by advertisers to ADSTELLAR may be shared with companies operating on our behalf, such as payment processors and/or credit bureaus, to check creditworthiness and/or pay ADSTELLAR and manage advertiser accounts. ADSTELLAR is not responsible for the use or disclosure of such information by third parties.
4.5 The interest for the undoubted outstanding debts is charged at the rate of 24% (24%) per year, or in any case the maximum amount allowed by law. The interest rate is calculated after fifteen (15) days from the date of the invoice (including the payment period) and sent to the advertiser or after the expiry of the applicable payment period agreed by the parties. Unless otherwise specified in writing, this is the last payment date on the specified invoice, calculated daily.
4.6 If necessary, in order to monitor, control, and record the performance of the Campaign, ADSTELLAR may ask the Advertiser to place a ADSTELLAR control pixel (pixel) or another necessary mechanism (together "Control") to monitor, control and record the performance. of the Campaign. . «). Such placement and testing is the sole responsibility of the advertiser. The advertiser agrees that, even if the advertiser does not properly place the controls on the IO website or the controls do not record valid features or actions, advertisers will pay for potential consumers or actions created and registered by them. . . With ADSTELLAR, such background and / or actions are not detected as fraudulent or invalid (as defined in the current PO). All invoice disputes must be submitted to ADSTELLAR within 5 calendar days of the invoice being issued and sent to the advertiser via ADSTELLAR. After that, you have to accept and pay all the bills.
5.1 Advertisers hereby agree to grant ADSTELLAR and its affiliate marketers a non-exclusive, worldwide copyright-free license and the right to use, execute, reproduce, display, transmit, modify, copy and distribute all content, trademarks, etc. Images, trade names and trademarks of IO and advertisers under this Agreement (collectively, "Advertising Materials") and all trademarks, logos and graphics.
5.2 ADSTELLAR reserves the right to cancel, suspend or cancel any campaign at any time and/or to reject any inappropriate and published advertising material in the opinion and/or discretion of ADSTELLAR. ADSTELLAR also reserves the right to refuse, suspend, postpone or cancel ads which, in ADSTELLAR view, could cause criminal and/or civil liability and/or any other liability. In addition, ADSTELLAR may reject, reject, suspend, or terminate a campaign if it opposes or disapproves.
5.3 For the avoidance of doubt, ADSTELLAR is not responsible for the content of advertising materials provided by advertisers or created and used by companies (members of ADSTELLAR partnership network (individual or legal entity), downstream publishers). , direct, indirect, foreseeable and/or unforeseen damages arising out of or as a result of inconsistency and/or illegality of the content of the advertising material. ADSTELLAR assumes no responsibility for such issues.
5.4 The timing, location and distribution of promotional materials for the campaign are at the sole discretion of ADSTELLAR, unless such time, placement and distribution are specifically provided by PO and agreed upon between the parties.
6.1 The Advertiser hereby represents, acknowledges and warrants that: (i) it has the legal capacity and authority to enter into and be bound by the present Agreement and the IO; (ii) it is entitled to use and also permit ADSTELLAR to use, reproduce, transmit and display the Advertising Material and (iii) the Advertising Material is not and will not in any way:
By doing so, the advertiser agrees that ADSTELLAR will, without liability, terminate this agreement and PO and reserves the right to take any other necessary and/or necessary action that it deems appropriate in the event of a breach of the statements, claims and the above statements. guarantees
6.2 The advertiser agrees and undertakes to:
6.3 If PO offers or allows email marketing, the Advertiser agrees to provide ADSTELLAR with a superstructure list for each email campaign immediately after the OP is executed and an updated suppression list for each subsequent campaign. 72 (seventy-two) hours during the campaign. 7. NON-CIRCUMVENTION
7.1 For the duration of this Agreement and for one year thereafter, advertisers will in no way attempt to harm ADSTELLAR commercial reputation or goodwill. In particular, advertisers directly or indirectly (i) request or request. or attempting to enter into employment and/or service agreements with advertisers or ADSTELLAR competitors. or (ii) enter into direct or indirect agreements with ADSTELLAR published partners without the prior written consent of ADSTELLAR. 7
.2 The Advertiser agrees and understands that ADSTELLAR incurs significant costs for its affiliated networks and services on behalf of its Customers and agrees and understands that if the Advertiser violates this section, it will pay ADSTELLAR a sum revoked. This is equal to the amount paid by the advertiser to ADSTELLAR in the six months prior to the violation. Damage removed for damages caused in this section will not prevent ADSTELLAR from calling for temporary assistance. In addition, if an advertiser violates this section by citing or attracting a ADSTELLAR employee or other ADSTELLAR service provider, the advertiser will pay an additional cancellation loss equal to the total amount of all payments. Others who have provided services directly to ADSTELLAR in the past 3 years prior to this employee through ADSTELLAR
8.1 This Agreement is concluded for an unlimited period of time before termination by either Party in accordance with Sections 8.2 and 8.3 of this Agreement. If ADSTELLAR fails to provide the Services at any time under this Agreement, this Agreement will not constitute a breach of the Agreement and may result in loss or damage to the Advertiser.
8.2 Either Party may terminate this Agreement by giving written notice to the other within two business days, and either Party may terminate this Software without notice. In this case, the advertiser must pay the undisputed amount within 15 working days from the effective date of cancellation. If ADSTELLAR determines that the Advertiser has violated any of the terms and conditions of this Agreement, ADSTELLAR may end this Agreement and PO by written notice to the Advertiser (email notification is sufficient as written notice under this Agreement). / or the PO or Campaign is deemed to be (i) inconsistent with or contrary to applicable laws, the book, the rules, and regulations, (ii) defamatory, obscene, misleading, and/or administered. , fraud, fraud or other misconduct, or (iii) damage the reputation of ADSTELLAR, its officials, affiliates, or any other person and/or organization for which ADSTELLAR is responsible.
9.1 Each party (hereinafter the “Disclosing Party”), sometimes, can show information about business or clients, affiliates, affiliates, representatives, representatives, representatives, representatives or employees. Business and marketing programs, processes, strategies and methods are not standard professional methods or, usually, are unknown in any industry and/or public sector. The party and the party they receive in this way agree that such confidential information is provided, agree and do not provide confidential information with the party, managers, representatives or employees. Unless expressly disclosed, the receiving Party shall:
9.2 Unless ADSTELLAR gives you prior written consent, advertisers will strictly abide by the terms OP and Agreement and will not disclose them to anyone without permission.
9.3 The rules of confidentiality are valid for 3 years.
0.1 All content on the site, including but not limited to text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, illustrations, and computer code, including but not limited to, design, structure, selection, adjustment, presentation, and appearance. It is owned, controlled, or licensed by ADSTELLAR and is protected by trademarks, copyrights, trademarks, and other intellectual property rights and unfair competition laws.
10.2 Copying, duplicating, reprinting, posting, displaying, encoding, translating, transmitting, or distributing any part or content on any other computer, server, website, or another medium for distribution or distribution or for any commercial company without ADSTELLAR support takes place. It means prior written agreement.
10.3 Advertisers may use the information on our site and our services in the following cases: And for such information. Copy or publish on network computers or distribute in any medium; (iii) modify such information; (iv) make no representations or warranties regarding ADSTELLAR.
1.1 Neither party may designate this Agreement and the Software without the express written consent of the other party. However, notwithstanding the foregoing, ADSTELLAR may, at any time, arbitrate or transfer this Agreement and POs, in whole or in part, to affiliated marketers who have entered into ADSTELLAR Standard Agreement. Such a transfer may be made without the prior written consent of the advertiser, however, at the request of ADSTELLAR, the advertiser may be notified of such events.
11.2 ADSTELLAR reserves the right to add the names of advertisers to advertisements, publications, press releases or promotional materials without the prior consent of the advertiser. If ADSTELLAR has produced any advertising material, ADSTELLAR may require the advertiser to provide at least one digital copy of the published artwork and/or other copied advertising material. , printed and/or distributed for use in conferences, signatures, correspondence, exhibitions, etc.
11.3 ADSTELLAR DOES NOT WARRANT ANY WARRANTY OR THIRD PARTY OF THE ADSTELLAR SITE UNDER ANY CIRCUMSTANCES. ADSTELLAR services are provided based on the "realized amount". External factors and/or factors beyond click dialer control
11.4 ADSTELLAR is not responsible for the reduction, interruption, use or damage of any data or computerized data or data, in terms of contract, continuity or otherwise. Reputation in or in connection with this agreement.
11.5 WITH THE EXCEPTION OF:
11.6 Responsibilities of Agents under this Agreement for Actions Permitted by Applicable Law
11.7 Advertisers must inform ADSTELLAR of the following: (ii) acts of force, government action, network issues, electronic malfunctions, or anything else affecting the production of promotional materials in circumstances beyond the control of ADSTELLAR; (iii) consecutive damages of any kind; and/or (iv) errors or omissions in promotional materials.
1.8 Any notice or other communication made in connection with or in connection with any matter set forth in this Agreement shall be in writing and delivered by e-mail to the designated party in the Software and shall be deemed to have been: properly submitted or delivered. Unless the parties agree otherwise.
11.9 This Agreement is governed by the laws of the country of origin (lex fori). For the purposes of sub-clause 1.1 of this Agreement, the courts of the country of registration of ADSTELLAR shall have non-exclusive jurisdiction over all disputes arising out of this Agreement.
11.10 Advertiser waives all rights of a jury in any proceeding related to this Agreement to the fullest extent permitted by law. Without limiting the generality of the above, the parties agree that any dispute relating to this Agreement may also be resolved through an arbitration process chosen by ADSTELLAR
11.11 ADSTELLAR reserves the right to reimburse all costs, expenses and reasonable expenses without limitation from the Advertiser in the event of any action, arbitration, arbitration and/or recovery of debt. Lawyers and recovery costs.
11.12 These agreements and the IP are the full agreement between the parties on the campaigns mentioned in the IP and the violation of representatives, negotiations, agreements and previous or current agreements orally or in writing between the parties.
11.13 The Parties shall treat this Agreement as a full and final expression of their agreement and understanding of the subject matter of this Agreement and shall supersede all prior agreements and understandings between the Parties, oral or written, concerning the subject matter of this Agreement.
11.14 Any communication under this Agreement shall be deemed to have been properly delivered if it is delivered to the postal address of the parties by email, fax, access or express courier.