Publisher Terms & Conditions
1. Definitions
The terms used in the T&C shall refer to the following meanings:
This agreement is entered into by and between G33 Media, a company with limited liability and the Affiliate company, hereafter referred to as ‘Affiliate’, for the purchase of advertising and related services.
Advertiser: legal entity that wishes to engage with G33 Media for targeting potential visitors to generate conversions and collecting data to optimize these advertisements.
Advertising materials: all materials including links, banners and other provided materials by the Advertiser to G33 Media and thereby to the Affiliate, or from G33 Media directly to the Affiliate, or the materials designed by the Affiliate and permitted by the Advertiser which can be used to promote for the benefit of the Advertiser.
Ads: any advertising material including social media ads, banner ads, co-registration ads, pop-ups/unders, email ads, SMS ads, hypertext or other links, content scripts, and any other kind of commercially sponsored or related content
Affiliate: legal entity or individual who is registered as an Affiliate on the network G33 Media.
Affiliate portal: individual dashboard displaying Affiliate’s statistics, offers, and payment information.
Campaign: advertisement campaign created by the Affiliate.
Conversion: the point when a user successfully performs a desired action as set by the Advertiser.
T&Cs: the mutually agreed Terms and Conditions under which Affiliate will deliver traffic to products and services of G33 Media.
Network statistics: interpretation of the collected data based on the systems used by G33 Media such as Everflow or similar tracking tools.
Offercard: an overview of crucial information in regards to the offer including prohibited traffic sources, offer caps, and key performance indicators (KPI’s). Affiliate can access offer cards in the Affiliate portal.
Traffic: internet users who are subject to the particular campaign of the Affiliate.
2. Agreements and warrants
2.1 G33 Media acknowledges and warrants that:
Its tracking links will be tested thoroughly to ensure correct functionality Tracking links shall be shared with Affiliate to allow Affiliate to send traffic Affiliate commission for qualified conversions will be paid to the Affiliate. A qualified conversion means an individual person who accesses the Affiliate’s Campaign URL and took the required action that is needed for the conversion pixel to fire is not a computer-generated user, such as a robot, spider, computer script, or other automated, artificial, or fraudulent method to appear like an individual, real live person, is not using pre-populated fields completes all of the information required for such action within the time period allowed by G33 Media and is not later determined by G33 Media to be fraudulent, incomplete, unqualified, duplicate, and not reaching the KPI’s.
2.2 Affiliate acknowledges and warrants that:
Information provided to G33 Media regarding its marketing activities and business shall be accurate and
true. The Affiliate shall notify G33 Media by email if there are any changes regarding this information
In no way, there will be a violation of copyright, trademark, trade names or intellectual property.
Affiliate will not engage in fraudulent, deceptive, misleading or otherwise inappropriate activities.
Affiliate shall not modify advertising materials without prior consent of G33 Media.
Affiliate will comply with all applicable laws, rules, regulations, and T&C of this IO.
3. Reporting
3.1 G33 Media and the affiliate agree that:
G33 Media will provide a sufficient reporting method for the Affiliate.
Campaign statistics can be asked directly.
In case there’s a discrepancy in data tracked by G33 Media and the tracker of the Affiliate, data reported
by G33 Media will prevail.
In case of a deduction of Affiliate’s payment because of fraudulent or low-quality conversions, evidence
shall be provided by G33 Media and Affiliate’s payment can be withheld.
4. Payments
4.1 G33 Media and the affiliate agree that:
Payments shall only be made by G33 Media when the overall balance of the Affiliate is above the threshold of
€500.
Payments shall be made in the payment term and currency as agreed upon between both parties in an IO.
G33 Media is allowed to charge its default payment fee for transfers
G33 Media has the right to hold Affiliate’s payment if fraudulent or low-quality traffic is suspected. The
network can hold the payment up to thirty (30) days after the initial payment date.
Affiliate will be paid by G33 Media if there’s no alerts from Advertisers regarding conversion quality,
KPI’s not being reached or possible fraud within 30 days after the payment date.
5. Confidentiality agreement
5.1 Affiliate and G33 Media acknowledge that when working together, Affiliate may have access to sensitive and confidential information regarding the business of G33 Media such as unique business methods, financial information, the identity of Advertisers, publishers, employees, pricing terms and other information which could harm G33 Media if disclosed. Both parties agree to use their reasonable effort to keep this information confidential and ensure it’s not disclosed to any 3rd party unless prior written approval has been provided.
6. Applicable laws
6.1 Affiliate shall ensure marketing, advertisements, sales and other outings are in compliance with applicable laws, rules and regulations including the BCAP (Broadcast Committee of Advertising Practice) and CAP (Committee of Advertising Practice) governing the transmission of unsolicited commercial electronic mail messages or so-called spam, including Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003 (the “CAN-SPAM Act”), email and Internet-based marketing (this includes without limitation the Telemarketing Sales Rules of the United States Federal Trade Commission); as well as marketing to minors.
7. Limitation of liability
7.1 G33 Media or any of its partners, Advertisers, or suppliers will in no event be liable for any direct, indirect, or incidental damage from the content of advertising materials, defects in the service or accessibility of service. Neither will G33 Media be liable for any damage caused on Advertiser’s website by possible viruses, loss of data, wrongful implementation of links, defective landing pages, offer redirects or similar situations. G33 Media has no control over and therefore shall not be responsible for the actions of any Affiliate or Advertiser.
8. Modification of terms
8.1 G33 Media has the right to modify the T&C of this insertion order at any time by providing the Affiliate with a notification sent by email. The changes will become effective ten (10) business days after this email has been sent. In the case that these changes are unacceptable to the Affiliate, the Affiliate party may terminate the agreement within the aforementioned period of ten (10) business days. If the Affiliate continues to work with G33 Media ten (10) business days after the modified T&C have been sent, G33 Media can assume the Affiliate has accepted the new conditions.
8.2 The Affiliate may not make any changes to these T&Cs in whole or part without prior written approval of G33 Media. Any proposed changes must be mutually agreed upon between G33 Media and the Affiliate in writing by email before these changes have effect. A decision by G33 Media to not invoke its rights does not constitute a waiver of these rights.
8.3 If in any case the T&Cs may become invalid, no longer applies, is rendered obsolete or becomes unenforceable, the parties shall agree upon a necessary amendment of the IO and T&C in order to be able to continue business and achieve the interest of both parties.
8.4 In case of any fraud, low-quality conversions not meeting KPI’s, restricted or otherwise unaccepted promotional method G33 Media is allowed to suspend, pause, remove, alter or in any way discontinue a campaign connected to the Affiliate.
9. Termination
9.1 Either party may terminate this agreement and cancel agreed upon terms at any time without providing a reason for such termination, by giving a 2 (two) working days’ written notice to the other party. In such case any undisputed amounts owed by the Advertiser, must be settled within 15 (fifteen) working days as from the date that the termination becomes effective.
9.2 The Affiliate hereby accepts that if it is in suspected breach of the terms specified in this document, G33 Media may immediately terminate an agreement and suspend the cooperation with the Affiliate without any liability or further obligation. G33 Media is allowed to share any information about the Affiliate to any law enforcement agency, government agency or individual by the aforementioned breach.
10. General
10.1 If any costs have to be made because of absolutely necessary litigation, arbitration, mediation and/or debt collection to enforce the agreements, G33 Media is entitled to reimburse the reasonable fees, costs and expenses to the fullest extent including attorneys’ and collection expenses with the Affiliate.
10.2 Neither party shall be held responsible for any direct or indirect damages, costs, losses, failure in performance of any part of this agreement caused by any act of God, act of governmental authority, computer hacks, internet blackout, computer hacking, act of the public enemy or due to war, riot, flood, tidal wave, meteor strike, civil commotion, insurrection, labor difficulty, severe or adverse weather conditions, lack or shortage of electrical power, failure of performance by any third party hosting service or equipment provided or maintained by others, including general performance of the Internet itself, or any other cause beyond the reasonable control of G33 Media.
10.3 Parties agree that G33 Media will not be subject or bound to any other IO or T&C that conflicts or amends these T&Cs without prior written approval by email, regardless of whether G33 Media indicates its acceptance.
10.4 If any term of these T&Cs are held to be void, invalid or inoperative, the remaining terms of these T&Cs shall continue in effect and the invalid portion of any term shall be deemed modified to the least degree necessary to remedy such invalidity while retaining the original intent of the Parties.
10.5 Both parties are independent contractors in relation to the other parties regarding matters arising under this agreement. Nothing shall be deemed to establish an employment relationship, joint venture or partnership between both parties. No course of dealing nor any delay in exercising any rights hereunder shall operate as a waiver of any such right. No waiver of any default or breach shall be deemed a continuing waiver or a waiver of any other breach or default.
10.6 The agreement shall be exclusively governed by Law of Austria, without regard to conflict of laws and principles. In the event of any dispute relating to or arising from the agreement that cannot be resolved in good faith between G33 Media and the Affiliate, the dispute shall be exclusively decided by the competent court in Vienna, Austria, without prejudice to the right to lodge an appeal.