What is the Publisher of a websiteWho is the publisher of a website?
Editor General Terms and Condition
Non-participation or replies considered dissatisfactory shall constitute reasons for non-acceptance or cancellation of the network. Non-delivery due to technological problems does not constitute non-performance of the contractual obligation. a) Prohibited Websites. All the publisher's websites that refer to the following points or have characteristics are permitted on a case-by-case only: the publisher is not responsible for any contents linked or referred to from his pages:
i) over-the-top advertising, Apple - quests, user-generated conten ( "blogs", etc.), (ii) external pages, (iii) contentious topics, religious, sexually oriented and/or angular humour, (iv) wrestle, (v) animes, (vi) gambling fans, (vii) old contents and/or (viii) bad and functional. Publishers may not: place more than two (2) advertisements side by side); (6) place creative people on unauthorized websites or web pages or in a manner that may mislead the reader; (7) encourage or appear to encourage offerings; (8) place claims in the vicinity of advertisements that require the reader to "click" on the ad (i).
Avoid the use of unseen means to create indentations, klicks or transactional effects that are not triggered by the end user's positive impact; websites. The publisher may not place any creative, advertising or network IP on websites that contain or advertise hyperlinks to which it refers or to which it refers:
5 ) sites under development hosting a free of charge services, individual homepages, or not owning the domains under which they are located; 6) convenience clicks/donations for surfing, individual web sites, web site visitors who are not the owners of or employees of the requesting web site, activelyX dowloads, no contents (link site), all affiliate hyperlinks or stimulating interactions; 7) promotion of activity commonly considered as web misuse, but not yet.
To this end, "spyware" means computer programmes or utilities that (i) change a computer user's web browsing or other preferences or use an ActiX or similar tool to access advertising-supporting softwares without appropriate notification and approval; (ii) discourage a computer user's appropriate effort to obstruct the deployment or deactivation or removal of unsolicited sanction; and
The publisher may not: The Publisher will place the advertisements in such a way that they are completely and clearly visible to the consumer above the rebate specified by the IAB and are shown in a similar way to other dealers contained on the website. b) No changes to creative, code or network IP.
The Publisher will not place advertisements in e-mails, on empty pages, on pages without contents, on top of each other, on unauthorized websites or in a manner that may be misleading for the user. Site advertisements (banners, leaderboards, skyscrapers, broad skyscrapers, rectangles, medium rectangles, half pages and in-line advertisements ) may not be placed in any forum, chats room and other facility for which the publisher does not have full and/or full title.
Players who perform deceptive activity, such as wrong clicking, wrong viewing and stimulating clicking, will have their account disconnected from the network on a permanent basis and will not be reimbursed for deceptive data transfer. Use of the Network IP or the results generated by the Publisher or distribution or dissemination of this information is prohibited and will terminate this Restricted Licence and may lead to the Publisher being subject to liability under the laws in force.
Includes without restriction those brand name, logo, trademark, brand name, services mark, packaging, copyright, patent, certificate, endorsement, know-how, business secret and proprietary technologies that are currently in use or may be used in the near term ("Intellectual Property"). Other than as provided in this Agreement, neither of the parties may redistribute, resell, reproduce, disclose, exhibit, perform, create derivative works from, or otherwise use the other party's intellectual property without the other' s explicit written permission.
The publisher may not use, copy, distribute, copy, sell, transmit, rent, cede, distribute, reveal, distribute or otherwise make available to third parties this information or parts thereof in any way. a) Publisher's responsibility. b) Warranty of the Publisher. The Publisher assures, guarantees, assures and recognizes that (i) it provides and maintains the necessary means, staff and equipment to fulfill its contractual duties; (ii) it complies with all relevant state, provincial and municipal legislation and regulation, in particular, but not limited to legislation related to publicity, the web, data protection and dishonest commercial practice;
Either of the parties hereby represent and warrant to the other that (i) it has the full right, competence, capability and powers to conclude, supply and fully execute this Treaty; (ii) neither the fulfilment, supply nor fulfilment of this Treaty will lead to a breach or a contravention of any of its terms, conditions, appointment, decision, order, rule, provision or statute; and (iii) the other recognises that the other of the parties makes no representation, warranty or other than that it will
The publisher therefore assures and confirms that it will abide by the principles of good practice in the gathering of information in relation to its services under this agreement. The Publisher shall clearly publish on its website an easy-to-understand information protection statement that (i) complies with all FTC policies and all other relevant legislation, policies and provisions relating to on-line information protection and (2) the principles of the Network Advertising Initiative 2008 as revised from one date to the next; (ii) indicates the type and extent of information collected and used by the Publisher and its affiliates and gives users the ability to opt-out of such information gathering and use; and (iii) contains a similar terminology to the following:
The publisher recognizes that (i) the use of a cookie is an important tool for gauging promotional efficacy and to ensure a strong on-line ad space, and (ii) an effort is needed to raise user understanding of the use of a cookie and its importance in delivering free contents and other advantages to users. Publishing houses are generally settled within forty-five (45) working days of receipt of an account authorized by the publisher.
The Publisher is exclusively liable for any action resulting from (i) the Publisher's website(s), (ii) any materials to which the User may be linked through the Publisher's website(s), and/or (iii) any complaints from consumers and/or authorities/regulators resulting from any of the Publisher's campaigns, in particular, but not restricted to, complaints of spamming or defraud and/or complaints related to the lack of appropriate authorization to carry out such a communication to the User.
THE PUBLISHER AGREES THAT THE LIMITATION AND EXCLUSION OF ALL WARRANTIES SET FORTH IN THESE CONDITIONS SHALL CONTINUE IN FULL FORCE AND EFFECT EVEN IF THEY HAVE NOT FULFILLED THEIR ESSENTIAL PURPOSE. CERTAIN GUARANTEES OR WARRANTIES MAY NOT BE EXCLUDED BY SOME COURTS, SO SOME OF THE ABOVE EXCLUSION MAY NOT BE APPLICABLE TO THE PUBLISHER.
In the next regular installment after cancellation, the publisher will recieve all non-fraudulent income due up to the date of cancellation. In the event of cancellation, all links to recommendations will be terminated on a permanent basis and the publisher will not earn any further recommendation commission in the near future. a. Either of the parties agree to disclose to the other or a third person sensitive and protected information as described by the disclosure or as reasonably perceived as sensitive and/or sensitive information ("sensitive information").
Either of the parties may use confidential information obtained from the other for and in support of the purpose of this Agreement only. Undertaking to make economically justifiable endeavours, but in no case less than it undertakes to safeguard its own confidential information, to preserve the confidential nature and to safeguard the property interests of the disclosure side.
Sensitive information (even if described by one of the parties as confidential) must not contain any information: i) which is or becomes part of the official territory by no act or failure of the recipient to act; ii) which is or becomes legally obtained by the recipient from a third person without limitation of use or publication and without violation of this or any other arrangement without notice to the recipient of any violation of the obligation of loyalty, or iii) which the recipient had in its possession before the date of this arrangement.
The Agreement is subject to the Law of the State of California (USA), excluding its conflicts of laws principles. Sole venue for lawsuits in connection with this Agreement shall be the state Courts and, to the fullest extend of the competence of the federal judiciary, Los Angeles, California.
Each party agrees to such a court of law, waives the right to a hearing by the panel and agrees to refrain from personally delivering proceedings by arranging for the overnight postal services (using a commercial service) or US postal services with a recorded receipt to the last postal addressee provided by the Publisher.
Either of you who prevail primarily in a claim under this Agreement shall be free to reclaim from the other of you your equitable attorneys' fee and outlay. No document approved by either Contracting Partner in a revisable manner, in particular a document to which the Contracting Partners are signatories or a "click through" declaration of consent, may modify, supplement or modify this Agreement.
Any interlineation to this Agreement shall be final only if initialled by both Principals. The Publisher's continuing use of the Network after the entry into force of the amended Agreement shall be considered the Publisher's consent to the amended Agreement. Amendments, supplements or modifications to a clause of the contract by the publisher are only applicable if they are recorded in a document in writing which has been duly authorized by the company and which has been duly executed by a manager of both sides.
Unless otherwise stated, both sides must notify all communications in connection with this agreement: The Agreement is final and effective for the Principals and their legal successor and assignees, as applicable from time to time. Every contracting partie is an independant supplier. Subject to the provisions contained herein, neither one of the Principals is authorised or authorised to bind the other Principal or to bear expenses on the other Principal's account without the other Principal's previous agreement in writing.
None of the parties shall be responsible for any negligence or delays in performing its duties for any cause beyond its reasonable authority, which includes, but is not restricted to, power failures, downtime of ISPs, delays due to interruptions of the Net (including but not restricted to the use of jeopardy of services ), riot, insurgency, acts of terror, fire, flood, earthquake, explosion and other act of God.
All liabilities which explicitly or in essence persist after the end, notice or expiry of the contract shall also persist after this point in time. It is acknowledged by each Party that the terms of the Agreement have been agreed to provide for an informative and optional sharing of all risk (both known and unknown) in connection with the operations envisaged under this Agreement.
If any term of the Agreement is in conflict with the right under which the Agreement is to be interpreted, or if such term is declared void or not enforceable by a tribunal having competence for the parties to the Agreement, (i) this term shall be adapted as far as possible to the parties' initial intent in accordance with existing laws; and (ii) the remainder of the term, term, pact and limitation of the Agreement shall continue in full validity and effect.
Unless otherwise stated, the claims and legal redress conferred on either of the parties under this Agreement shall be accumulative and in addition to any other claims and legal redress that the parties may have by statute or in equitableness. If either of the parties fails to demand that the other should strictly comply with a clause, the right of the first to demand strictly compliance thereafter shall not be affected.
The renunciation by either of the parties of a violation of a provision shall not renounce either the provisions themselves or any later violation.