Seticom Ads Network (d/b/a Seticom Ads) (the, “Seticom Ads”, “Seticom”, “We”, etc.) is a full-service advertising agency that provides advertising and marketing consultancy, media and media markets analysis, media campaign planning, media time buying, and media management services, and
You (the, “Publisher”, “You”, “Yours”, etc.) is a business that is seeking an agency to perform advertising and marketing consultancy, media and media markets analysis, media campaign planning, media time buying, and media management services, and
Seticom Ads has offered its services to the Publisher, and You has chosen to hire Seticom Ads to perform these services,
therefore, Seticom Ads and Publisher agree as follows:
In order to be eligible to become a Seticom Ads’ Publisher, all websites or affiliated websites or publishers must meet the following criteria:
Be content-based, not simply a list of links or advertisements, nor can the site be centered around making money off of our Advertisers
Be fully functional at all levels; no “under construction” sites or sections
Although we do not work on an exclusive basis with our affiliates, working directly with our affiliates is not allowed until 3 months after the termination of this Agreement
The content of the publishers, websites or affiliated websites cannot include any material that infringes the rights of any third party or is in violation of any law, as determined by us in our sole discretion, including but not limited to the following:
Intellectual property rights
Racial, ethnic, political, hate-mongering or otherwise objectionable content
Investment, money-making opportunities or advice not permitted under law
Gratuitous violence or profanity
Material that defames, abuses, or threatens physical harm to others
Promotion of illegal substances or activities such as illegal online gambling, how to build a bomb, counterfeiting money, etc.
Software Pirating (e.g., Warez, P2P, Bit torrent, Hotline, etc.)
Hacking or Phreaking.
Any illegal activity whatsoever
Any spoofing, redirecting, or trafficking from adult-related websites in an effort to gain traffic
Any other inappropriate activity as determined by us in our sole discretion.
This Agreement shall commence upon your acceptance and remain in effect until terminated. This Agreement may be terminated by either Party upon one (1) business days´ notice. This Agreement shall terminate immediately upon the dissolution or insolvency of either Party, or the breach of this Agreement by you. Seticom Ads reserves the right, in its sole and absolute discretion, to terminate a campaign and remove any advertisements at any time for any reason.
During the month a publisher may view the online reports within Seticom Ads reporting system which in ALL ways are estimate numbers that can be changed until 15 days after the end of the month. In all cases, we will use commercially accepted methods and practices to direct and measure traffic. Campaigns can be customized at any time by Seticom Ads team to comply with advertiser´s ad serving numbers. At the end of the month the reports are frozen and within 15 days will include the definitive numbers of earnings. This also states that Seticom Ads stats will be leading in every case.
Representations, Warranties and Covenants
You represent, warrant and covenant that: Your Media is in compliance with all applicable laws and does not contain or promote, nor links to another website that contains, libelous, defamatory, abusive, violent, prejudicial, obscene, infringing, sexually explicit or illegal content;
You agree not to promote via website or link to websites containing any pornographic, racial, ethnic, political, software pirating (e.g. Warez) or hacking, hate-mongering, or otherwise objectionable content;
You agree not to engage in any illegal activity, in accordance with International Law, whatsoever, is not allowed;
You represent and warrant that you own or have the legal right to use and distribute all content, copyrighted material, trademarked materials, products, and services displayed on Your Media; You agree to not use deceit when marketing Advertiser’s offers or presenting these offers to consumers; You have the right, power, and authority to enter into this Agreement and grant the rights specified herein;
You will not attempt in any way to alter, modify, eliminate, conceal, or otherwise render inoperable or ineffective the Site tags, source codes, links, pixels, modules or other data provided by or obtained from Seticom Ads that allows Seticom Ads to measure ad performance and provide its service (“Site Data”);
If instructed to do so by Seticom Ads and/or if this Agreement terminates, you will immediately remove and discontinue the use of any Site Data;
You acknowledge that Seticom Ads does not represent, warrant, or make any specific or implied promises as to the successful outcome of any Programs;
You agree to display the creative exactly as it appears on the Program and will not alter any creative that has been submitted to the Site;
If You are notified that fraudulent activities may be occurring on your Media, and You do not take any actions to stop the fraudulent activities, then You are responsible for all associated costs and legal fees resulting in these fraudulent activities;
You represent, warrant and covenant that you will not take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large loan on our technology infrastructure or otherwise make excessive demands on it;
You may not disable, circumvent or otherwise interfere with security related features of our service or features that prevent or restrict use or copying of any part of our service, or which enforce limitations on the use of our service;
You represent, warrant and covenant that Your Media does not contain any sexual or erotic material that depicts persons under the age of eighteen (18) or in a manner that suggests that they are under the age of eighteen (18);
If any errors or undesirable results occur due to no fault of Seticom Ads, Seticom Ads shall not be responsible for losses and You may not be compensated;
YOU MAY NOT CHEAT, DEFRAUD OR MISLEAD US, OR ATTEMP TO CHEAT, DEFRAUD OR MISLEAD US, IN ANY MANNER.
Placement of Ads
Site may NOT place any Seticom Ads advertisements on alternative publishers or websites without written consent and approval of Seticom Ads. Publisher will not place advertisement on pornographic/offensive, and/or warez, and/or illegal MP3 sites/directories, and/or P2P/Bit-Torrent sites, and/or Spyware or malicious code of any sort and/or alternatively questionable areas. In case where advertisements are placed in such locations, Seticom Ads reserves the right to withhold payment for the entire campaign and/or submit an immediate legal action against the company and/or set a financial penalty in the amount of $10K (USD) or a higher sum, based on the damages caused to Seticom Ads Network.
Limitation of Liability; Disclaimer of Warranty.
IN NO EVENT SHALL Seticom Ads BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM YOUR USE OF THE SITE, OPERATION OF A PROGRAM, OR YOUR DISPLAY OF ANY PROGRAM CREATIVE ON YOUR MEDIA, INCLUDING BUT NOT LIMITED TO BROKEN IMAGES, SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES, EVEN IF Seticom Ads HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE INFORMATION, CONTENT AND SERVICES ON THE SITE ARE PROVIDED ON AN “AS IS” BASIS WITH NO WARRANTY. YOU USE THE SITE AND RUN PROGRAMS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY LAW, Seticom Ads DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE OPERATION OF THE SITE, THE INFORMATION, SERVICES, AND CONTENT INCLUDED ON THE SITE AND PROVIDED BY Seticom Ads , INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Seticom Ads DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ON THIS SITE OR PROVIDED BY Seticom Ads IS ACCURATE, COMPLETE OR CURRENT.
You shall indemnify, defend and hold Seticom Ads harmless from and against any and all claims, allegations, liabilities, costs and expenses (including reasonable attorneys´ fees) by third parties arising out of Your: (a) improper use of the Site; (b) improper operation of a Program; or (c) breach or violation of this Agreement.
Assignment and Jurisdiction
Seticom Ads may assign this Agreement to a subsidiary or business successor. You may not assign this Agreement without the prior written consent of Seticom Ads, which shall not be unreasonably withheld. This Agreement shall be construed and governed by the law of Romania (RO) You expressly consent to the exclusive venue and personal jurisdiction of the courts in and of the Romania (RO) for any actions arising from or relating to this Agreement or your use of our service.
If any provision of this Agreement is held to be invalid, illegal or unenforceable for any reason, such invalidity, illegality or unenforceability shall not affect any other provisions of this Agreement, and this Agreement shall be construed as if such invalid, illegal or unenforceable provision had not been contained herein.
Neither Party shall be liable to the other by reason of failure or delay in the performance of its obligations hereunder on account of Acts of God, fires, storms, war, governmental action, labor conditions, earthquakes, natural disasters, interruption in internet service or any other cause which is beyond the reasonable control of such Party.
This Agreement contains the sole and entire agreement and understanding between the Parties relating to the subject matter herein, and merges all prior discussions, whether through officers, directors, salespersons, employees or consultants. Each Party is an independent contractor and not a partner, joint venture or employee of the other. All notices shall be sent to the addresses submitted by you when signing up for the service by certified mail, fax, email or courier. Seticom Ads reserves the right to change any conditions of this contract at any time. You may refer contract revisions in our website www.seticomadsnetwork.ro . The Terms and Conditions of Seticom Ads Network [as published on www.seticomadsnetwork.ro (the “Terms”)] bind the parties from the date signed or the date service is provided and shall apply to each and any services provided by Seticom Ads. The Terms shall take precedence over any other terms and conditions issued or stated or referenced to apply relating to the services provided by Seticom Ads.
Revenue share deal based on placements generated by Seticom Ads Reporting Source – All reported numbers for the purposes of billing and general delivery reporting are based on Seticom Ads server reports.
Seticom Ads will pay Net 30. Payments Policy:Minimum payment amounts: 50 USD, if the balance is less Seticom Ads will add the amount to the next payment. Publisher responsible to supply valid payment details, if details are wrong or if the publisher change its payment details, it is the publisher responsibility to notify by mail 15 days before Payment due date. Publisher will bear payments fees if require. Publisher must send invoice to firstname.lastname@example.org before the 15th of the following month of the activity. We may, in our sole discretion, refuse to process a payment (and may place a payment hold) on any part of your account for any reason, including if we have a reasonable suspicion that you have breached this Agreement. We also reserve the right to set-off any amount you owe us, including for breaches of this Agreement. We assume no responsibility for paying any taxes on payments made to you and you acknowledge and agree that it is your complete and sole responsibility to pay for all taxes as a consequence of your participation in the Program. In certain cases, we may withhold all payments until such time as we receive necessary tax documentation from you.
Seticom Ads Network
Energiei Street No.5
Tel.: +40 755 485 231