AdBlueMedia Ltd ("AdBlueMedia") Terms and Conditions of Use
Acceptance & Terms
By accessing this web site, you are agreeing to be bound by these
web site Terms and Conditions of Use, all applicable laws and regulations,
and agree that you are responsible for compliance with any applicable local
laws. If you do not agree with any of these terms, you are prohibited from
using or accessing this site. The materials contained in this web site are
protected by applicable copyright and trade mark law.
The website is owned and operated by AdBlueMedia Ltd. The term "us," "we" or "our" refers to the owner
and operator of this Site. The term "you" refers to publishers and other users of the Site, as
applicable. If you do not accept and agree to these Terms, you must exit the site immediately.
Use License
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Permission is granted to temporarily download one copy of the materials
(information or software) on AdBlueMedia Ltd's web site for personal,
non-commercial transitory viewing only. This is the grant of a license,
not a transfer of title, and under this license you may not:
- modify or copy the materials - unless otherwise indicated;
- use the materials for any commercial purpose, or for any public display (commercial or
non-commercial) - unless otherwise indicated;
- attempt to decompile or reverse engineer any software contained on AdBlueMedia Ltd's web
site;
- remove any copyright or other proprietary notations from the materials; or
- transfer the materials to another person or "mirror" the materials on any other server -
unless otherwise indicated.
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This license shall automatically terminate if you violate any of these restrictions and may be
terminated by AdBlueMedia Ltd at any time. Upon terminating your viewing of these materials or upon
the termination of this license, you must destroy any downloaded materials in your possession
whether in electronic or printed format.
Disclaimer
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The materials on AdBlueMedia Ltd's web site are provided "as is". AdBlueMedia Ltd makes no warranties,
expressed or implied, and hereby disclaims and negates all other warranties, including without
limitation, implied warranties or conditions of merchantability, fitness for a particular purpose,
or non-infringement of intellectual property or other violation of rights. Further, AdBlueMedia Ltd
does not warrant or make any representations concerning the accuracy, likely results, or reliability
of the use of the materials on its Internet web site or otherwise relating to such materials or on
any sites linked to this site.
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Some materials on AdBlueMedia Ltd's web site are generated through publisher and affiliate tools.
AdBlueMedia Ltd does not claim any ownership rights in any text, files, images, photos, videos,
sounds, musical works, comments, recommendations, forums, listings, logos, trademarks, postings,
messages, tags, works of authorship, or any other work or authorship added to or submitted with any
of the foregoing (collectively, "Content") posted via this manner. Therefore, AdBlueMedia Ltd takes
no responsibility for any Content added or uploaded by a publisher or affiliate. Publishers are
therefore responsible for the removal of any such Content that is in violation of these Terms of
Service and ensuring compliance with these Terms of Service (See "Prohibited Publisher Content").
- Neutral Venue. Our affiliate program makes available to you graphic and textual
links which you may display on your web sites, in emails sent by you and clearly identified as
coming from you and in online advertisements. Publisher is solely responsible for all content on
publisher’s websites, emails and other media. Publisher shall not make any representations,
warranties or statements concerning us, except as expressly authorized herein. OUR SITE IS A NEUTRAL
VENUE. WE DISCLAIM ALL LIABILITY ARISING OUT OF OR RELATED TO LISTINGS, INTERACTIONS AND
TRANSACTIONS OF THE SITE USERS. All content remains the sole responsibility of its provider; we are
not liable for all content available on our Site.
Intellectual Property & Copyright
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Our IP. All Site contents, registered and unregistered trademarks, designs, information and images
(the “Intellectual Property”) belong to us and our content suppliers. The Intellectual Property is
protected by trademark, copyright, privacy, and other intellectual property
laws. You obtain no interest in that Intellectual Property, provided, however, that you may download
and view or print a copy of materials on this Site for personal use as long as you do not modify any
content (including any copyright notice) in any way. All rights not expressly granted under these
Terms are reserved by us. Unless expressly stated otherwise, you shall not copy, reproduce or
replicate any Intellectual Property. We have the right but not the obligation to monitor and edit or
remove any content submitted by users. We take no responsibility and assume no liability for any
content posted by users or any third party.
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License to Your Content. By transmitting or uploading any content to our Site, you grant us a
perpetual, unlimited, irrevocable, royalty-free, worldwide license to use, reproduce, adapt,
display, perform, modify, transmit, translate, distribute, and create derivative works of your
content; to make, have made, sell or otherwise distribute any of your submitted content. You further
represent and warrant that you have the right, title, and/or authority to grant such license to us.
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Copyright Infringement Claims. Unauthorized copying, distribution, modification, public display, or
public performance of copyrighted works is an infringement of the copyright holder’s rights. You
agree that you will not use our Site to infringe anyone’s intellectual property rights.
Notification of infringement
If you believe that your work has been copied in a way that constitutes copyright
infringement, or your intellectual property rights have been otherwise violated, please provide
the following information to [email protected] :
- An electronic or physical signature of the person authorized to act on behalf of the
owner of the copyright or other intellectual property interest;
- A description of the copyrighted work or other intellectual property that you claim
has been infringed;
- A description of where the material that you claim is infringing is located on the Site;
- Your name, address, telephone number and e-mail address;
- A signed statement by you that you have a good faith belief that the disputed use is
not authorized by the copyright owner, its agent, or the law;
- A statement by you, made under penalty of perjury, that the information provided in
your Notice is accurate and that you are the copyright or intellectual property owner or
authorized to act on the copyright or intellectual property owner’s behalf.
General
- Electronic Communications. You agree that all notices or other communications regarding your account
and/or your use of the Site ("Communications"), may be provided to you electronically and you agree
to receive all Communications from us in electronic form. You may print a copy of any Communications
and retain it for your records. All electronic Communications will be considered just as legally
binding as if they were in paper form. You may revoke your consent to receive Communications
electronically, but if you revoke your consent to receive Communications electronically, we reserve
the right to terminate your right to use our Site.
- Hyperlinks. You may link to our Site, as long as this is done in a fair way that does not negatively
affect our reputation or business and does not suggest any form of association where there is none.
We reserve the right to request that you withdraw any link and you agree to cooperate with us in
causing any unauthorized framing or linking to terminate immediately.
- Assignment. We may transfer, assign or subcontract the rights, interests or obligations under these
Terms, at our sole discretion, without obtaining your consent.
- Separability. Should any part of these Terms of Use be rendered or declared invalid by an
appropriate authority, such invalidation of such part or portion of these Terms of Use should not
invalidate the remaining portions thereof, and they shall remain in full force and effect.
- No Waiver. Enforcement of these Terms of Use is solely in our discretion, and failure to enforce the
Terms of Use in some instances does not constitute a waiver of our right to enforce them in other
instances.
- Prevailing Language. In the event of any discrepancy between the English original version of these
Terms and any foreign language translation, the English version prevails.
Limitations
In no event shall AdBlueMedia Ltd or its suppliers be liable for any damages (including, without
limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use
or inability to use the materials on AdBlueMedia Ltd's Internet site, even if AdBlueMedia Ltd or a
AdBlueMedia Ltd authorized representative has been notified orally or in writing of the possibility of
such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations
of liability for consequential or incidental damages, these limitations may not apply to you.
Revisions and Errata
The materials appearing on AdBlueMedia Ltd's web site could include technical, typographical, or
photographic errors. AdBlueMedia Ltd does not warrant that any of the materials on its web site are
accurate, complete, or current. AdBlueMedia Ltd may make changes to the materials contained on its web
site at any time without notice. AdBlueMedia Ltd does not, however, make any commitment to update the
materials.
Links
AdBlueMedia Ltd has not reviewed all of the sites linked to its Internet web site and is not responsible
for the contents of any such linked site. The inclusion of any link does not imply endorsement by
AdBlueMedia Ltd of the site. Use of any such linked web site is at the user's own risk.
Site Terms of Use Modifications
AdBlueMedia Ltd may revise these terms of use for its web site at any time without notice. By using this
web site you are agreeing to be bound by the then current version of these Terms and Conditions of Use.
Governing Law
Any claim relating to AdBlueMedia Ltd's web site shall be governed by the laws of the United Kingdom
without regard to its conflict of law provisions.
Mutual Representations. Each party represents and warrants that: (i) it has the right to enter into and
fully perform the services contemplated herein, consistent with this Agreement; (ii) there is no
outstanding contract, commitment or agreement to which it is a party that conflicts with this Agreement;
and (iii) at all times while any Program remains in effect, it shall comply with all applicable laws and
regulations. Neither party makes any guarantee, representations nor warranties express or implied, as to
the level of consumer response that will result from the Programs.
General Terms and Conditions applicable to Use of a Web Site.
Account
Accounts are subject to removal at any time for any reason that AdBlueMedia Ltd may see fit. AdBlueMedia Ltd is not required to notify involved parties in this circumstance.
AdBlueMedia Ltd retains the right to withhold or recall payments, terminate a publisher’s network
relationship at any time for any reason we consider just. All leads that fail to meet our requirements
shall be considered invalid. These include leads that don’t provide complete data, fail to meet filter
specifications, are in an incorrect format or fail to meet the necessary postal, email and phone
validations, and invalid credit card submissions. Without limiting the generality of the foregoing, we
will terminate any publisher account found to be engaged in fraud; deceitful generation of traffic;
adware; spyware; spam; use of any incentives to procure clicks or leads; generation of leads other than
through intended consumer action; use of phone books or similar such compilations of personal data to
complete lead generation forms; use of fake redirects; infringement of others’ intellectual property
rights or other violations of these Terms.
Publisher & User Obligations
By using this Site, you represent, warrant and agree that:
- You will not create duplicate accounts and you will not share your account with anyone. You are
solely responsible for all activity that occurs under your account.
- You will only submit true, complete and not misleading information to the Site. This includes publisher details and payment information. All content you
submit to our Site is free of third party intellectual property claims and contains no vulgar,
profane, defamatory, abusive, racist or hateful language or expressions.
- Publishers may not make changes to our ad codes without our prior written consent.
- Our Site may contain typographical errors or other inaccuracies.
- Submission of untruthful reviews, posts, articles or other content may result in account
termination. We may reject or erase or edit any content submitted for any reason without prior
notice to you, within our sole reasonable discretion.
- Our Site content may not be copied for republication, either online or on paper, without our prior
express written permission. However, you can share Site content via built-in social sharing buttons.
- You will not submit unsolicited bulk or commercial messages ("spam") to our Site, other users or
anyone else. Any unsolicited message must also not direct the recipient to any third party site or
other resource.
- You will not access our Site in order to gain a competitive advantage.
- You will only use the Site for legal purposes and you will remain responsible for complying with all
laws and regulations applicable to your use of the Site.
- We have the right to refuse access, service or disable your account on our Site at any time for any
reason or no reason without notice, explanation or liability of any kind.
- You may not use any web spiders, bots, indexers, robots, crawlers, harvesters, or any other
automatic process to access, acquire, copy or monitor any portion of the Site or any content, or in
any way reproduce or circumvent the navigational structure or presentation of the Site or any
content.
- You will not interfere with the proper working of the Site. You will not impersonate any other
person or entity, submit any false, defamatory, offensive, harassing material, or any material that
violates another party's rights of privacy and publicity.
Prohibited Publisher Content
The following is a partial list of the kind of Content and activity that is prohibited on any Website in
connection to AdBlueMedia Ltd's ad platform.
- is subject to copyright; You may not post, modify, distribute, or reproduce in any way any
copyrighted material, trademarks, or other proprietary information belonging to others without
obtaining the prior written consent of the owner of such proprietary rights. It is our policy to
respond to clear notices of alleged copyright infringement that comply with the Digital Millennium
Copyright Act of 1998 ("DMCA"). In addition, we will promptly terminate without notice the
Membership privileges of those determined by us to be repeat infringers.
- is misleading; You may not promote, suggest, or link to any incentives that are not actually
delivered upon ad-completion. Delivered content must be a full and accurate representation of the
incentive promised prior.
- is illegal, harmful, malicious, hateful, threatening, bullying, harassing, discriminatory, invasive
of personal privacy or publicity rights, humiliating to other people (publicly or otherwise),
libelous,
pornographic, or that contains nudity or graphic or gratuitous violence;
- contains "viruses", worms, Trojan horses, or any other content deemed harmful to the host's machine;
- engages in the use of illegal bot-nets or other automated scripts;
- communicates any information or content that you do not have a right to make available under any law
or under
contractual or fiduciary relationships, or otherwise infringes or violates someone else's rights;
- may constitute or contribute to a crime or tort;
- involves sending or otherwise posting unauthorized commercial communication (such as spam);
- engages in unlawful multi-level marketing, such as a pyramid scheme;
- solicits login information or accessing an account belonging to someone else;
- solicits or posts personal identifying information from other Users, or knowingly collects any
information from
minors under the age of 18;
- obscures the advertisements served by AdBlueMedia Ltd;
- interferes with, disrupts, impairs or creates an undue burden on the Services or the networks or
services
connected to the Services;
- attempts to impersonate another person or entity;
- provides false personal information, or creates an account for anyone other than yourself without
permission;
- uploads viruses or other malicious code;
- contains hyperlinks to other websites that violate these Terms of Service;
- facilitates or encourages any violation of these Terms of Service.
- specifically violates the Terms of Service of another website, company, and/or party.
Fraud
Company may, but is not required to, monitor Publisher commissions for fraud. Most fraud checks are done
in the form of manual analytics and quality scans on a weekly basis. If fraud is suspected or proven,
future payments to said Publisher will be immediately forfeited. Publisher will lose access to their
account. If you believe we have locked your account by mistake, you can refute the fraudulent claims
against you via email. Please contact your affiliate manger.
Adware, spyware, automatic lead generation, or any other form of Prohibited Publisher content shall be
counted as fraud and result in immediate termination of account and this agreement.
Payment
Publisher will be paid per the terms of each commission generated by AdBlueMedia Ltd advertising
partners. Provided that Publisher meets its minimum commission threshold ($50, unless otherwise noted),
AdBlueMedia Ltd shall pay any amounts due according to a payment schedule deemed fit for Publisher, less
any taxes required to be withheld under applicable law, provided that AdBlueMedia Ltd may, in its
discretion, withhold payments due to Publisher for a specific Adverts until such time as the Advertiser
has paid Company for that Advert. Company does not guarantee payment to Publisher for an Advert if the
Advertiser fails to pay or revokes commission.
Any commission achieved below the required payment threshold will be rolled over to the next applicable
payment period.
AdBlueMedia Ltd reserves the right to withhold or revoke payment from any user affiliated with this web
site. Affiliates shall not, under any circumstance, press charges against AdBlueMedia Ltd in regards to
withheld payment.
AdBlueMedia Ltd reserves the right to reduce any payments owed to Publisher at any time, as a consequence
of any offsets taken by Advertisers for invalid Events, technical errors, tracking discrepancies and the
like.
Affiliate acknowledges that all payments will be forfeited upon breaches of these Terms, or the Terms of
our Advertisers.
Publisher acknowledges that AdBlueMedia Ltd cannot guarantee the safe, on-time arrival of all payments.
Failed payments in which AdBlueMedia Ltd does not receive a full refund can result in permanent loss of
balance for Publisher.
Referral Commission Program
Publisher has the ability to obtain and use special referral link from AdBlueMedia dashboard. A referred
publisher may not be considered valid if it fails to meet one or more of the following:
- Referred publisher account must not be under the control of referring publisher.
- Referred publisher account must be creating their account for the first time. Duplicate and
secondary accounts are not allowed.
- Referred publisher account must contain cookies placed by special referral link. AdBlueMedia Ltd does
not claim any responsibillity for uncredited publishers due to removed cookies or history.
- Referred publisher account must not be directly related to referring publisher.
AdBlueMedia Ltd reserves the right to remove referrals manually for any reason.
Referring publisher will receive 5% commission (unless stated otherwise) of payable leads to referred
publisher. AdBlueMedia Ltd reserves the right to reverse referral earnings if original leads are found to
be invalid.
Privacy Policy
Your privacy is very important to us. Accordingly, we have developed this Policy in order for you to
understand how we collect, use, communicate and disclose and make use of personal information. The
following outlines our privacy policy.
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Before or at the time of collecting personal information, we will identify the purposes for which
information is being collected.
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We will collect and use of personal information solely with the objective of fulfilling those
purposes specified by us and for other compatible purposes, unless we obtain the consent of the
individual concerned or as required by law.
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We will only retain personal information as long as necessary for the fulfillment of those purposes.
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We will collect personal information by lawful and fair means and, where appropriate, with the
knowledge or consent of the individual concerned.
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Personal data should be relevant to the purposes for which it is to be used, and, to the extent
necessary for those purposes, should be accurate, complete, and up-to-date.
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We will protect personal information by reasonable security safeguards against loss or theft, as
well as unauthorized access, disclosure, copying, use or modification.
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We will make readily available to customers information about our policies and practices relating to
the management of personal information.
We are committed to conducting our business in accordance with these principles in order to ensure that
the confidentiality of personal information is protected and maintained.
In the case of legal action, AdBlueMedia Ltd reserves the right to disclose publisher information to
offended parties - particularly if AdBlueMedia Ltd determines the publisher has violated these Terms of
Service.