Terms & Conditions of mobday.com
MobDay.com Advertising Terms & Agreement Preamble MobDay.com serves mobile internet advertising on a network of publisher sites (the MobDay.com Mobile Internet Advertising Network). This agreement covers Advertiser’s participation in the MobDay.com Mobile Internet Advertising Network for the purchase, deployment and management of advertising campaigns on the advertising network. Roles and Responsibilities MobDay.com will give you access to a password protected web site (“Associate Center”) that allows Advertisers to create, deploy and manage their mobile internet campaigns on the advertising network. The Associate Center also contains the latest information and online reports on your advertising campaigns. Advertiser agrees to provide advertising content for each campaign according to the specifications and Content Guidelines provided. MobDay.com ’s Responsibility. MobDay.com will use all commercially and technically reasonable efforts to deliver the Advertiser’s campaign(s) as set out by the Advertiser in the Associate Center based on the campaign settings selected by the Advertiser. Advertiser’s Responsibilities. Advertiser is solely responsible for selecting the appropriate campaign settings in the Associate Center for each campaign. Advertiser will develop relevant Ad Content for each campaign(s). Ad Content is subject to our approval and must comply with our specifications and guidelines. Advertiser also agrees to abide by all applicable local, national and international laws. Additionally, advertiser agrees to make timely payments to ensure the continuous running of advertising campaigns. Payments Payments will be in advance of campaigns and can be through online Credit Card transactions or bank transfers. Acceptance of this agreement is against a “No Cancellation, No Refund” policy regardless of campaign release. Indemnification. The advertiser indemnifies MobDay.com and its publisher partners from damages that arise as a result of their advertisement. Advertiser assumes all liability for content of advertising will indemnify MobDay.com and our publishers from all claims. Limitation of Liability. If an Ad Unit fails to appear or function for any reason, we may at our sole discretion offer placement of the Ad Unit at a later time, or extend of the term of the campaign to make good undelivered or mis-delivered impressions. Force Majeure Neither MobDay.com nor Advertiser shall be liable in damages or have the right to terminate this Agreement for any delay or default in performing hereunder if such delay or default is caused by conditions beyond its control including, but not limited to Acts of God, Government restrictions, wars, insurrections and/or any other cause beyond the reasonable control of the party whose performance is affected. Assignment This contract may not be assigned or delegated by the parties. Governing Law. This Advertising Agreement shall be governed by and construed in accordance with the Laws of Romania.MobDay.com Publisher Agreement Preamble MobDay.com serves mobile internet advertising on a network of publisher sites (the advertising network). This agreement covers participation in the MobDay.com Mobile Internet Advertising Network (the “advertising network”) as a publisher in exchange for commissions on advertising revenues. Commencement and Term This Agreement will commence on the acceptance of your application and will continue unless terminated in writing. Either you or MobDay.com may terminate this Agreement at any time, with or without cause, by giving the other party written notice of termination. Roles and Responsibilities MobDay.com will give you access to a password protected web site (“Associate Center”) which contains a set of standardized codes (“Codes”) for purpose of promoting Advertisers’ services on your site(s). The placements of Codes on your site(s) will be at your sole discretion. The Associate Center also contains the latest information and online reports of Ad Units delivered on your site(s) MobDay.com ’s Responsibility. MobDay.com will use all commercially and technically reasonable efforts to deliver the Advertiser’s campaign(s) as set out by the advertiser on all publisher sites. MobDay.com will reject any site that does not conform to the MobDay.com Content Guidelines. MobDay.com will make payments to publisher based on the measurement of delivered Ad Units conducted by MobDay.com ’s Associate Center as the sole and definitive measurement of Ad Units. Publisher’s Responsibilities. The publisher is solely responsible for contents hosted on the publisher’s site(s) and will ensure that Codes are appropriately and correctly placed. The publisher also agrees to abide by all applicable local, national and international laws. In association with the use of the Codes, Publisher also agrees to abide by MobDay.com Content Guidelines. MobDay.com retains the right to refuse payments to Publisher in the event of breach of these undertakings. Payments MobDay.com shall make payment on a monthly basis, within 30 days from the end of the previous calendar month via Paypal or Wired Transfer. All payments shall be made in United States Dollars (USD). All taxes and charges of any kind which may result from such payments shall be your sole responsibility. All required information is necessary for prompt payment process. Commission rates are determined by MobDay.com . Publishers will be given timely notice of any changes. No payments will be made until an accrued minimum of USD 40 $ (United States Dollar Forty), or equivalent, is generated. Indemnification. Both parties agree to indemnify and hold harmless the other party, against any and all claims or action that arise as a result of this agreement. Limitation Of Liability. MobDay.com will not be liable for indirect, special or consequential damages (or any loss of revenue, profits, or data) arising in connection with the use of the Codes or this Agreement even if we have been advised of the possibility of such damages. Further, our aggregate liability with respect to this Agreement will not exceed the total fees paid or payable under this Agreement. Force Majeure Neither MobDay.com nor Publisher shall be liable in damages or have the right to terminate this Agreement for any delay or default in performing hereunder if such delay or default is caused by conditions beyond its control including, but not limited to Acts of God, Government restrictions, wars, insurrections and/or any other cause beyond the reasonable control of the party whose performance is affected. Assignment This contract may not be assigned or delegated by the parties. Governing Law. This Publisher Agreement shall be governed by and construed in accordance with the Laws of Romania.
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