First Media Ltd provides advertising services, defined below, to you subject to the following Terms of Service. By accessing and using First Media Ltd services you accept and agree to be bound by terms and provisions of the Terms of Service.
Publisher is the client of First Media Ltd, owner or manager of one or more websites, that is using First Media Ltd advertising services to display ads delivered through First Media Ltd ad server to his website visitors in return for a fee.
Advertiser is the First Media Ltd client that will buy ads delivered through First Media Ltd ad server to display owned or 3rd party promotions.
Visitor is the person that will visit a website registered to First Media Ltd by the publisher who will see the ad delivered by First Media Ltd.
Classic Push, In-page push, Native is the type of ads displayed by First Media Ltd to the website owned or managed by the publisher. The ads are displayed through various methods, with the consent of the website owner.
Referrer is the existing client of First Media Ltd that will promote our services through a referral program. The referrer will earn a commission for the new clients registered to our services.
Referee is the person that becomes a client of First Media Ltd services when referred to First Media Ltd by a 3rd party existing customer.
First Media Ltd will act as an automated marketplace between publishers and advertisers. By signing up you also agree that the First Media Ltd services may include certain communications from First Media Ltd such as newsletters, administrative messages, service announcements and that these communications are part of First Media Ltd membership. Unless explicitly stated otherwise, any new features that augment or enhance the current First Media Ltd services shall be subject to the Terms of Service. You understand and agree that the First Media Ltd services is provided "AS-IS" and that First Media Ltd assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.
In consideration of your use of First Media Ltd services, you agree to provide accurate, true, up to date and complete information about yourself as prompted by the First Media Ltd registration data and maintain the data of your account up to date, true, accurate and complete. First Media Ltd reserves the right to suspend any account if the provided data is not truthful without any further notice.
Upon registration for First Media Ltd services, you will receive an account registered with the username and password of your choice.
You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your account. You agree to (a) immediately notify First Media Ltd of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. First Media Ltd cannot and will not be liable for any loss or damage arising from your failure to comply with this section.
We give the ability to modify certain data introduced in First Media Ltd Registration form, such as full name, country, phone, instant messaging network, instant messaging ID and password set upon registration.
The change of the username and e-mail will be done by contacting one of First Media Ltd’s representatives, upon checking the availability of the new desired username and e-mail.
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. Mondiad network reserves the right, in its sole and absolute discretion, to terminate a campaign and remove any advertisements at any time for any reason.
This Agreement will be blocked when the user`s Account has not been in use for more than three (3) months.
You will receive a notification informing you that your account is blocked because of “Inactive account status” at account login. After deactivation, you will have 90 calendar days to restore your account. To do so, you have to login to your account and follow the steps described there. If your account is not reactivated within 90 calendar days it will be deleted without the option to restore it.
As a user, you acknowledge and agree that if your account is deleted, regardless of the reason, we will retain your data for at least two years, since we are required to keep the financial transactions stored.
This condition applies automatically after 6 months of your account inactivity.
If your account balance is above 0 EUR/USD, the remaining funds will be fully deducted from your account. We will start charging an inactivity fee of 5% of your account`s total balance, but never less than $10, or if your account total balance is less than $10, then, the whole balance will be charged as an inactivity fee.
If your account balance is 0 EUR/USD, the system will automatically block your account.
5.1.1. In order to become an Advertiser, you must first submit an application for a Mondiad account at our website and be in compliance with the present Agreement (in case of using Self-service) or register as an Advertiser by contacting Mondiad network directly for acceptance, and not use any aliases or other means to mask your true identity or contact information. After we review your application, we will notify you of your acceptance or rejection as a Mondiad Advertiser. We may accept or reject your account registration at any time for any reason. Mondiad reserves the right to add, edit, remove or reclaim any account details (including your submissions) with or without your consent if deemed appropriate at Mondiad's sole discretion.
5.1.2. By filing your account application or registering as an Advertiser you confirm your understanding and unreserved acceptance of the present Agreement and other terms and conditions of Mondiad network, including, but not limited to the Privacy Policy, published on our website concerning the Services, and confirm you are a duly authorized signatory, has full legal capacity and all the necessary authority to bind the individual, company or other entity, and hereby submitting a legally binding electronic signature and entering into a legally binding contract.
5.1.3. In order to be eligible to become a Mondiad Advertiser, you shall not promote the following:
5.1.4. Mondiad network has the following Non-Acceptable Business rules for Advertisers: Where there are known or perceived links to terrorist organizations, military, arms and/or ammunition manufacture or sales; Where there is knowledge or suspicion of money laundering or terrorist financing; Where it is known or there are reasonable grounds for suspicion that a criminal offence has taken place; Where the client or any of the clients associated parties are subject to any sanctions measures; Where the client is undertaking an activity or trade within, from or into a country where that activity is subject to embargo and/or trade control restrictions; Advertisers of racist/pornographic/pressure group material or extreme political propaganda; Regulated entities that do not have the appropriate licensing; Extreme political and/or charitable organizations.
5.1.5. Advertisers understand and accept that the Mondiad network does not allow and prohibits multiple account openings for each Advertiser. The Advertiser agrees not to fill in an account application and/or register as an Advertiser more than one time and/or hold more than one account with Mondiad network for any reason and/or in order to benefit in any way from any marketing promotional program/project and/or offer available for the Advertiser by Mondiad network.
5.1.6. Mondiad network may allow multi-account applications/registrations/openings/holdings for an Advertiser if this is specifically and clearly predefined as accepted/permitted in any specific marketing promotional program/project and/or offer and/or in exceptional cases, at any time and for any reason Mondiad network considers acceptable and solely at its own discretion if the Advertiser submits such request by sending an email to [email protected].
5.1.7. There are the following methods of using the Service available – Self-Service or Management service. Self-Service assumes that access to the Service shall be provided through Advertiser`s personal account. Mondiad network support team may provide assistance upon your request, however, all the actions or modifications made through your account shall be deemed made solely by you. Management service assumes that assistance in using the Services and Program shall be provided by Mondiad network account managers.
5.1.8. You may not transfer your account to anyone without explicit written permission from the Mondiad network and you may not use anyone else’s account or password at any time without the express permission and consent of the holder of that account. Mondiad network cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.
5.2.1. Mondiad network offers its Advertisers a wide range of deposit methods in order to provide convenient conditions for mutually beneficial cooperation.
5.2.2. Mondiad network accepts money deposits through the following payment processors: PayPal, Paxum, Capitalist, Payoneer, Cryptocurrency, Bank Card, Voucher, and others by request.
Our refund policy is very permissive. The advertisers may request a refund for the unspent funds at any time, while our finance team will process their request in maximum 7 business days (usually it takes around 24 to 48 hours).
6.1.1. In order to become a Publisher, you must first submit an application for a Mondiad account at our website and be in compliance with the present Agreement (in case of using Self-service) or register as a Publisher by contacting Mondiad network directly for acceptance, and not use any aliases or other means to mask your true identity or contact information. After we review your application, we will notify you of your acceptance or rejection as a Mondiad Publisher. We may accept or reject your account registration at any time for any reason. Mondiad reserves the right to add, edit, remove or reclaim any account details (including your submissions) with or without your consent if deemed appropriate at Mondiad sole discretion.
6.1.2. By filing your account application or registering as a Publisher you confirm your understanding and unreserved acceptance of the present Agreement and other terms and conditions of Mondiad network, including, but not limited to the Privacy Policy, published at our website concerning the Services, and confirm you are a duly authorized signatory, has full legal capacity and all the necessary authority to bind the individual, company or other entity, and hereby submitting a legally binding electronic signature and entering into a legally binding contract.
6.1.3. In order to be eligible to become a Mondiad Publisher, all websites 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; and Shall comply with the applicable legislation.
6.1.4. The content of the Publisher’s website(s) or its affiliated website(s) can not include any material that infringes the rights of any third party or is in violation of any law, as bound by the law or determined by us in our sole discretion, including but not limited to the following:
6.1.5. Mondiad network has the following Non Acceptable Business rules for Publishers: Where there are known or perceived links to terrorist organizations, military, arms and/or ammunition manufacture or sales; Where there is knowledge or suspicion of money laundering or terrorist financing; Where it is known or there are reasonable grounds for suspicion that a criminal offense has taken place; Where the client or any of the clients associated parties are subject to any sanctions measures; Where the client is undertaking an activity or trade within, from or into a country where that activity is subject to embargo and/or trade control restrictions; Producers/publishers of racist/pornographic/pressure group material or extreme political propaganda; Regulated entities that do not have the appropriate licensing; Extreme political and/or charitable organizations.
6.1.6. Publisher understands and accepts that Mondiad network does not allow and prohibits the multiple account opening for each Publisher. Publisher agrees not to fill in an account application and/or register as a Publisher more than one time and/or hold more than one account with Mondiad network for any reason and/or in order to benefit in any way from any marketing promotional program/project and/or offer available for the Publisher by Mondiad network.
6.1.7. Mondiad network may allow multi-account applications/registrations/openings/holdings for a Publisher if this is specifically and clearly predefined as accepted/permitted in any specific marketing promotional program/project and/or offer and/or in exceptional cases, at any time and for any reason Mondiad network considers acceptable and solely at its own discretion if the Publisher submits such request by sending an email to [email protected].
6.1.8. There are the following methods of using the Service available – Self-Service or Management service. Self-Service assumes that access to the Service shall be provided through Publisher’s personal account. Mondiad network support team may provide assistance upon your request, however, all the actions or modifications made through your account shall be deemed made solely by you. Management service assumes that assistance of using the Services and Program shall be provided by Mondiad network account managers.
6.1.9. You may not transfer your account to anyone without explicit written permission of Mondiad network and you may not use anyone else’s account or password at any time without the express permission and consent of the holder of that account. Mondiad network cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.
6.2.1. Publisher shall NOT place any advertisements of Mondiad network advertisers attracted through the Service on alternative publishers or websites without written consent and approval of Mondiad network. Publisher will not place an 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 the case whereby advertisements are placed in such sites/directories, Mondiad network reserves the right to withhold payment for the entire campaign and/or submit an immediate legal action against the Publisher and/or set a monetary fine in the amount based on the damages caused to Mondiad network.
6.2.2. Mondiad network does not check or control the activities or contents at your website, but all the services may be rejected and we reserve the right to delete your account, withhold and freeze all fees and remunerations if you engage in fraudulent or illegal activity.
6.3.1. Use of the Service shall be carried out on a monthly basis. For the purpose of the present Agreement, a calendar month shall be deemed as a reporting period (“Reporting Period”).
6.3.2. During the month Publisher may track online reports within Mondiad network reporting system in the Publisher’s personal account reports page, which are only estimated numbers subject to being adjusted within 15 days after the end of the Reporting Period. In all cases, we will use commercially reasonable methods and practices to direct and measure traffic. Campaigns may be adjusted at any time by Mondiad network team to comply with the advertiser´s ad serving stats. At the end of the Reporting Period the reports are frozen and within 15 days will include the definitive numbers of earnings. For avoidance of doubt, Mondiad network reporting system (stats) will be prevailing in any case.
6.4.1. Hereby the Publisher expressly orders Mondiad network to generate and issue the Publisher’s invoices on behalf of the Publisher. Prior to making any payment to a Publisher, Mondiad network will generate automatically through the Program the invoice on behalf of such Publisher. Furthermore, the Publisher expressly agree that the Program will generate the said invoices based on the stats provided by the Mondiad network reporting system and agree that such stats is accurate, fully and legally compliant for the purposes of invoicing and taxation.
6.4.2. Any Publisher residing in the European Union who has provided a VAT number expressly warrants that such VAT number is, in its own country, valid for the issuance of VAT-exempt invoices to Mondiad network. The Publisher expressly accepts to be solely liable for any error, direct or indirect loss or damage arising from the inaccuracy or non-compliance of such data or the breach of any of the aforementioned warranties and, accordingly, the Publisher will hold Mondiad network harmless from any of the direct or indirect loss or damages. Publisher hereby confirms that another VAT invoice won’t be issued.
6.4.3. Parties hereby agree to notify each other if they:
6.4.4. Notice given in accordance with the conditions of clause 17.3 is also to be considered as your confirmation to issue self-billing invoices in altered conditions.
6.4.5. In case there is any claim, administrative proceeding from any authority, dispute or conflict, in any way due to the inaccuracy or non-compliance of such data provided by the Publisher, Mondiad network is expressly authorized to retain any payments due to the Publisher until such incident has been resolved.
6.5.1. Cost of using Service depends on the amount and scope of advertising campaigns carried out on Publishers websites during the reporting period based on ads placements generated by Mondiad network reporting system (stats), available in your personal account. All reported statistics for the purposes of billing and general delivery reporting are based on Mondiad network reporting system only.
6.5.2. In the event that the Publisher believes that there is a discrepancy in Mondiad network’s reporting system, the Publisher must provide Mondiad network with a reasoned report of such discrepancy within three (3) calendar days from receipt of Mondiad network’s reports. Otherwise, Mondiad network shall not be liable for such discrepancy and will calculate earnings on basis of its reporting system. If the parties are unable to reach an agreement regarding the discrepancy, then Mondiad network stats and reports shall prevail.
6.5.3. Mondiad network is entitled to make adjustments in Publisher’s account in one of the following cases:
6.6.1. Mondiad network offers its Publishers a wide range of payment methods in order to provide convenient conditions for mutually beneficial cooperation.
Mondiad network has the following payment terms:
If the balance is less than the limits above, Mondiad network will add the amount to the next payment until the account balance will reach the specified minimum. The specified minimum amounts can be adjusted with the agreement of all parties hereto however such payments may be subject to banking and administration fees.
6.6.2. Mondiad network acts as a third party for advertisers, therefore Publisher understands and agrees that payment for Publisher’s revenue is dependent upon payments from advertisers to Mondiad network that it has received without any restrictions. You hereby release Mondiad network from any claim for Publisher’s revenue if Mondiad network did not receive funds from the advertiser. Publisher shall hold Mondiad network harmless and indemnify it from any claims or liability related to such unpaid revenue.
6.6.3. Mondiad network provides the ability to perform payments by using payment service providers. Publisher shall have the right to select any payment service provider available. You agree that Mondiad network is not responsible for any actions made by the payment service provider including but not limited to any additional transaction fees, banking commissions or currency fees applied to your transaction. All payments shall include the above-mentioned fees and commission, if applicable.
6.6.4. Publisher is responsible for all applicable taxes associated with provided Services, other than taxes based on Mondiad network income. Publisher shall indemnify Mondiad network against all losses suffered or incurred by the Mondiad arising out of or in connection with any payment made to the Publisher.
6.6.5. The publisher is responsible to supply valid payment details in the personal account of our Service, if details are wrong or if the Publisher changes its payment details, it is the Publisher’s responsibility to notify by mail 14 days before payment due date. Publisher will bear payments fees if required. In any event, all payments will be made at the payment details specified in your personal account in our Service.
6.6.6. All payments are processed automatically. 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, block your account, and terminate this Agreement, including if we have a reasonable suspicion that you have breached any clause of 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.
6.6.7. Hereby you represent and warrant to provide Mondiad network with all the documentation or its equivalents, needed for identification of the parties, ascertainment of the legal fact and fulfillment of its obligations under this Agreement, within 15 business days from the date of request. In certain cases, we may withhold all payments until we will receive relevant documentation from you.
6.6.8. You on your own shall ensure the ability to receive payments from Mondiad network to a specified bank account or at a relevant payment provider. If the receipt of remuneration or other payment is delayed or failed because of your non-compliance with this clause 6 (including if the failure or delay is caused by a third-party payment service provider you are using), Mondiad network shall not be responsible for violation of terms of payment.
6.6.9. If you believe that any fault in the transaction has taken place, you agree to notify us immediately, and We will make all possible efforts to eliminate delays or errors in payment processing. Unless your claim has been submitted within 30 days after the charge, you will have waived, to the fullest extent permitted by law, all claims against Mondiad network related to the transaction. If you experience a technical failure or interruption of services that causes your funding transaction to fail, you may request that your transaction be completed at a later time.
6.6.10. By entering into this Agreement, you agree to receive Publisher’s revenue as from Mondiad network, or from its affiliates, subsidiaries, agents, sub-contractors or distributors.
Fraud will be considered any activity conducted by any existing client of First Media Ltd services if the Terms of Service will be breached or if any of the First Media Ltd representatives will consider so taken in consideration different suspicions for fraudulent activities (e.g. connections with accounts suspended in the past for similar activities).
By using First Media Ltd services you agree that the methods used by First Media Ltd representatives to determine if a client has breached the Terms of Use or is suspicious for fraudulent activities will not be disclosed to you.
Any flaws in First Media Ltd services, presentation website, user dashboard or any other section owned by First Media Ltd will be provided to First Media Ltd representatives directly. Use of any of these flaws will lead to account suspension.
You acknowledge, consent and agree that First Media Ltd may disclose your account information and content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (1) comply with legal process; (2) enforce the TOS; (3) respond to claims that any Content violates the rights of third parties; (4) respond to your requests for customer service; or (5) protect the rights, property or personal safety of Yahoo, its users and the public.
By registering to First Media Ltd services, we have the right to request additional information about your transactions if under the suspicion the transaction was not authorized or made by the owner of the account.
We reserve the right to terminate or suspend any account that has used stolen, hacked or unauthorized payment accounts for First Media Ltd services without any prior notice.
For transactions from First Media Ltd to client, if under the suspicion the account security was breached, a First Media Ltd representative will request confirmation from the account owner. Failure to reply to the confirmation e-mail will result in delay or cancellation of the transaction, as well as cancellation of the First Media Ltd account password.
YOU MAY NOT CHEAT, DEFRAUD OR MISLEAD US, OR ATTEMPT TO CHEAT, DEFRAUD OR MISLEAD US, IN ANY MANNER.
You are expressly prohibited from using any means, devices, or arrangements to commit fraud, violate any applicable law, interfere with other affiliates, or falsify information in connection with the Services, or generating of remuneration or exceed your permitted access to Mondiad network Service. You are forbidden from using any preference/method resulting in the re-direction of the user to your landing page when such user has at least once previously chosen through a certain action to leave your page. These prohibited activities include but are not limited to: framing an ad-banner’s click-through destination, invisible iframe, auto-spawning of browsers, running “spiders”/”bots”, and automatic redirecting of users or any other technique of generating automatic or fraudulent click-through and/or impressions. Ads may not be placed on an automatically reloaded page. In any case, Mondiad network shall make all determinations about fraudulent activity at its sole discretion.
We will check each promotion before approval and while running for each of our advertisers to block and avoid any possible fraudulent activity.
The user of software or tools that will manipulate the device used by the visitor or the website where the advertisement is displayed for any purpose other than the described First Media Ltd service will result in the termination of the account without the right to a refund.
Advertisers will receive the ads purchased through a link of their choice. In case the link or any middle link between First Media Ltd and the offer is marked by 3rd party services designed to detect and block malware, phishing or other type of online fraud, we reserve the right to suspend your account or apply monetary penalties, taking in consideration the severity and frequency of such promotions.
We also reserve the right to suspend your account or apply monetary penalties if any of the below offers are promoted through First Media Ltd services, depending on the severity and
Included in the list of not allowed content to be promoted is:
We will perform random analysis over publisher’s accounts to verify the quality of the ads provided to First Media Ltd. Based on the results of each analysis the First Media Ltd representative performing the analysis and if the results are showing abnormal behavior or the results will have a very low-quality score he will decide if to retain partial amount of the earnings or to suspend the account. Additional analysis of the publisher’s accounts will be performed if suspicion of fraudulent activity or the reports received from active advertisers will point to abnormal behavior and the First Media Ltd representative will decide if and what action is to be taken.
First Media Ltd is not tolerating the publishers who are sending traffic generated from the same sources on multiple accounts. We reserve the right to block the publishers who can harm the performance and optimization of our advertisers campaigns, due to these actions.
A First Media Ltd publisher will have the First Media Ltd account suspended if we receive notification and proof from 3rd party about the use with the purpose of monetization of a website that is not owned or managed by the First Media Ltd publisher.
If the Publisher is suspected of any fraudulent activity Mondiad network shall have the right to ban Your Publisher Account, to withhold your account balance, and to take all necessary legal actions to restore the damage caused by this violation. All advertising campaigns carried out on Publisher’s websites with fraudulent activities are not subject to payment.
The Terms of Service constitutes the entire agreement between you and First Media Ltd and governs your use of the First Media Ltd services, superseding any prior version of this Terms of Service between you and First Media Ltd with respect to the First Media Ltd services.
First Media Ltd collects personal information when you register. Upon registration, we ask for information such as name, e-mail address, instant messaging address and country. For some type of deposits, if a First Media Ltd representative will consider necessary, we may request for additional evidence of ownership and authorization for those transactions such as an address, proof of residence or others, depending on the case.
For transactions made from client to First Media Ltd, the client can introduce billing info such as company name, address, country, tax ID, company number and other information for the purpose of downloading invoices.
First Media Ltd stores all communication content done between you and First Media Ltd representatives, including e-mails and instant messaging conversations.
First Media Ltd uses the information provided for the following purposes: verify the authenticity of each of our users, authorization of transaction and ownership of websites, offers and accounts.
The data provided to First Media Ltd will be used solely for First Media Ltd activities and it does not include any 3rd party.
First Media Ltd will not sell, rent or share personal information submitted through First Media Ltd registration form or as requested by First Media Ltd representatives, except under the following circumstances:
8.4.1. Each Party (a “Receiving Party“) understands that the other Party (a “Disclosing Party“) may disclose information of a confidential nature including, without limitation, product information, data, pricing, financial information, software, specifications, research and development and proprietary algorithms, stats and reports, personal data or other materials that is disclosed in a manner in which the Disclosing Party reasonably communicated, or the Receiving Party should reasonably have understood under the circumstances that the disclosure should be treated as confidential, whether or not the specific designation “confidential” or any similar designation is used (“Confidential Information“).
8.4.2. The Receiving Party agrees, for itself and its agents and employees, that it will not publish, disclose or otherwise divulge or use for its own purposes any Confidential Information of the Disclosing Party furnished to it by such Disclosing Party without the prior written approval of the Disclosing Party in each instance. Neither party will make any public announcement regarding the existence or content of the Agreement without the other’s prior written approval.
8.4.3. The Parties agree that if the disclosure is made to their professional advisors, auditors or bankers this shall be done subject to each Party procuring each such recipient’s agreement to keep such information confidential to the same extent as if such recipient were Party to this agreement.
8.4.4. The foregoing obligations under this section 15 shall not extend to any information to the extent that the Receiving Party can demonstrate that such information (i) was at the time of disclosure or, to the extent that such information thereafter becomes through no fault of the Receiving Party, a part of the public domain by publication or otherwise; (ii) was already properly and lawfully in the Receiving Party’s possession at the time it was received by the Receiving Party free from any obligation of confidentiality, (iii) was or is lawfully received by the Receiving Party from a third Party who was under no obligation of confidentiality to the Disclosing Party with respect thereto, or (iv) is independently developed by the Receiving Party or its independent contractors who did not have access to the Disclosing Party’s Confidential Information or (v) express written consent has been given prior to disclosure.
8.4.5. In the event that the Receiving Party is required to disclose Confidential Information in accordance with judicial or regulatory or governmental order or requirement, or any tax authority to which that Party is subject or submits, wherever situated, whether or not the requirement for information has the force of law the Receiving Party shall promptly notify the Disclosing Party in order to allow such Party to contest the order or requirement or seek confidential treatment for such information.
8.4.6. Upon termination or expiration of this Agreement, upon the request of a Disclosing Party, the Receiving Party agrees to return to the other all of such other Party’s Confidential Information or to certify to the Disclosing Party in writing that all such material has been destroyed, however, destruction is only permitted after Disclosing Party’s prior approval.
You agree that, except as otherwise expressly provided in this TOS, there shall be no third-party beneficiaries to this agreement.
First Media Ltd doesn’t use any cookies other than the ones that can be saved on your computer for some features (e.g. settings).
First Media Ltd will reserve the right to apply changes to this policy without prior or further notice.
9.1. Hereby we grant you a non-exclusive, non-transferable, revocable right to use Mondiad network Service and to access our website through our Service only in accordance with the terms and conditions of this Agreement.
9.2. You may not alter, modify, manipulate or create derivative works of Mondiad network or any of our graphics, creative, copy or other materials owned by, or licensed to Mondiad network in any way. We may revoke your license anytime by giving you written notice. Except as expressly stated herein, nothing in this Agreement is intended to grant you any rights to any of Mondiad network’ trademarks, service marks, copyrights, patents or trade secrets. You agree that we may use any suggestion, comment or recommendation you choose to provide to Mondiad network without compensation. All rights not expressly granted in this Agreement are reserved by Mondiad network.
9.3. Your use of the Service shall be governed by and subject to the laws and regulations regarding copyright ownership and terms of use of the intellectual property. You represent, warrant, and covenant that you do not upload, download, display, perform, transmit, or otherwise distribute any object in violation of any third party’s copyrights, trademarks, or other intellectual property rights. You represent, warrant, and covenant that you abide by the laws regarding copyright ownership and use of the intellectual property and you shall be solely responsible for any violations of any relevant laws and for any infringements of third-party rights caused by you.
9.4. ALL THE PARTIES HEREBY AGREE THAT Mondiad network DOES NOT HAVE ANY AUTHORITY OR ABILITY TO CONTROL CONTENT AT PUBLISHER’S WEBSITE(S) AND FOR THIS REASON, WE CANNOT BEAR ANY RESPONSIBILITY REGARDING BREACHING OF ANY THIRD PARTY’S INTELLECTUAL PROPERTY RIGHTS OR OTHER RIGHTS.
IN NO EVENT SHALL MONDIAD NETWORK BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM YOUR USE OF THE SERVICE, OPERATION OF A PROGRAM, OR YOUR DISPLAY OF ANY PROGRAM CREATIVE ON YOUR WEBSITE, INCLUDING BUT NOT LIMITED TO BROKEN IMAGES, SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES, EVEN IF MONDIAD network HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. MONDIAD network IS ONLY THE TOOL FOR ADS CAMPAIGNS CONNECTING ADVERTISERS AND PUBLISHERS THROUGH ITS SERVICE. THE INFORMATION, CONTENT AND OTHER MONDIAD NETWORK SERVICES ARE PROVIDED ON AN “AS IS” BASIS WITH NO WARRANTY. YOU USE THE SERVICE AND RUN PROGRAMS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY LAW, MONDIAD network DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE OPERATION OF THE SERVICE, THE INFORMATION, AND CONTENT INCLUDED ON THE SERVICE AND PROVIDED BY MONDIAD NETWORK, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. MONDIAD NETWORK DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ON THIS SERVICE OR WEBSITE OR PROVIDED BY MONDIAD NETWORK IS ACCURATE, COMPLETE, OR CURRENT.
You shall indemnify, defend and hold Mondiad network harmless from and against any and all claims, allegations, liabilities, costs, and expenses (including reasonable attorneys´ fees) which may be incurred by or to the third parties arising out of your: (a) improper use of the Service; (b) improper operation of a Program; or (c) breach or violation of any clause of this Agreement or other mutual agreement of its parties.
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. The party referring to such force majeure circumstances shall notify the other party on arising within 3 working days from the date of its occurrence with the relevant evidence.
12.1. 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.
12.2. Present Agreement is the principal document in legal relationship of the Parties, and shall be deemed an entire agreement of the Parties. In case of contradictions in using Service or Program, present Agreement shall prevail in any case.
12.3. 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.
12.4. Mondiad network reserves the right to change any terms and conditions of this Agreement at any time unilaterally. The Publisher shall be informed of such amendments by relevant notice in personal account or through the information being made available on Mondiad network’s website. The Publisher shall be deemed to have received such notice within two (2) weeks of the notice being sent by e-mail or made available in Publisher’s personal account on Mondiad network’s website. You may refer to contract revisions in our website – www.Mondiad.com. The terms and conditions of the present Publisher Agreement (as published on www.Mondiad.com (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 Mondiad network. This Agreement shall take precedence over any other terms and conditions issued or stated or referenced to apply relating to the services provided by Mondiad network.
12.5. Representations and warranties of Publisher set forth in this Agreement (in particular, Section 15) hereof shall survive closing for a period of one (1) year from the termination date.
12.6. No claim for a breach of any representation or warranty by Mondiad network shall be actionable or payable if the breach in question results from or is based on a condition, state of facts or other matter which was disclosed to Publisher and/or actually known by Publisher prior to termination.
12.7. Publisher acknowledges and agrees that entering into this Agreement it has not relied and is not relying on any representations, warranties or other statements whatsoever, whether written or oral other than those expressly set out in this Agreement, Privacy Policy or other terms and conditions published at www.Mondiad.com and that it will not have any right or remedy rising out of any representation, warranty or other statements not expressly set out in this Agreement.
12.8. All claims related to the use of the Service or Program shall be submitted by the Publisher within 30 days from the end of the Reporting Period only. In the case of missing the specified term, Mondiad network reserves the right not to process the complaint, and all the services shall be deemed rendered properly.
12.9. Headings to sections and subsections in this Agreement are for the convenience of the parties only and are not intended to be a part of or affect the meaning or interpretation hereof.
12.10. You agree on using any communication method (email message/SMS message/phone) with contact details provided in your personal account.
This DPA (Data Processing Agreement) is between User and First Media Ltd, as defined under the ToU (Terms of Use), and forms an integral part of Terms of Use available at https://members.mondiad.com/terms.
First Media Ltd and Users will be referred to as the “Parties”. In the event of any conflict between this DPA and the Terms of Use, the terms of this DPA will prevail.
This Agreement applies only to the extent the EU Data Protection Law applies to the Processing of Personal Data under this Agreement, including if (1) the Processing is carried out in the context of the activities of an establishment of either Party in the European Economic Area (EEA), or/and (2) the Personal Data is related to Data Subjects who are in the EEA and the Processing is related to the offering of goods or services to them or the monitoring of their behavior in the EEA.
“(Data) Controller” is the entity which determines the means and purposes of the Processing of Personal Data.
“(Data) Processor” is that entity which Processes Personal Data on the Data Controller’s behalf.
“Data Subject” is the individual to who’s Personal Data is related to, End Users being included.
“End User” is represented the end user of an internet connected device.
“GDPR” is the Regulation (EU) 2016/679 of the EU Parliament and the Council of April 27th 2016 on the protection of natural persons with regards to the processing of personal data and on the free movement of that, and repealing Directive 95/46/EC (a.k.a. “General Data Protection Regulation”).
“Personal Data” represents any information related to an identified or identifiable individual, as defined in Article 4.1 of the GDPR.
“Processing” includes any operation or set of operations performed upon Personal Data, whether or not by automatic means.
“Sub-Processor” is any Data Processor engaged by the Processor.
“Services” are services provided by First Media Ltd complying to the general legal terms above mentioned.
In this DPA and with respect to Personal Data, Client/User/User is Data Controller or Processor and First Media Ltd is engaged by the Client/User as Processor or Sub-Processor in respect to Personal Data, as applicable. The terms of this Agreement will be applied to either of the relations between the Parties regarding the Processing of Personal Data mentioned herein.
Within the purpose of this DPA, Client/User engages First Media Ltd to collect, process and/or use Personal Data on Client/User’s behalf.
First Media Ltd will only Process Personal Data on your behalf, according to your instructions, which are the following: (1) Processing shall be carried out according to this DPA, the Terms of Use and pursuant to the features and limitations of the applicable Services which First Media Ltd provides to Client/User; and (2) Processing shall be carried out in compliance with other reasonable instructions provided by the Client/User, where such instructions are consistent with the Terms of Use. First Media Ltd will be under no obligation to comply with instructions that First Media Ltd deems as violating applicable laws. Processing outside the scope of this DPA (if any) will require: (1) prior written agreement between Client/User and First Media Ltd, and (2) Client/User’s additional instructions for processing.
First Media Ltd uses the Personal Data only to provide the Services in accordance with Terms & Conditions, i.e. in order to perform tracking services / serve End Users with interest–based advertising, as well as to measure the effectiveness of advertising campaigns and provide you with advertising reports. In that context, First Media Ltd – on your demand – may also combine Personal Data from different sources in order to improve Services and integrate Services with external platforms, all of which will be conducted on your behalf. First Media Ltd also processes Personal Data on your behalf and to serve your interests for the purposes of fraud prevention, bot detection, rating, analytics, viewability, ad security services. First Media Ltd may also process data based on the extracts of Personal Data in aggregated and non-identifiable forms, including for the purposes of testing, development, control and operation of the Services.
First Media Ltd may process the following information on your behalf: IP addresses, language information, session-based browsing behavior, header information, End User’s device-related data (such as the type or model of the device), operating system, wireless carrier providing communication services to such device, geographical location (geo-location) of the device, cookies, advertising identifiers of the device, as well as other information we may receive from you or from third parties engaged by First Media Ltd on your behalf, such as non-precise device location based on the IP address, device specifications and user’s interest’s information. Client/User also authorizes First Media Ltd to store and use cookies or pixel tags on End User’s device on behalf of the Client/User in order to perform Services. Additional information regarding the types of End User’s data that may be collected or used by the Client/User through Services are specified in End User Privacy Policy.
Without derogating from any of the obligations of the Client/User hereunder, the Client/User shall not provide First Media Ltd with any data 1) which by itself identifies an individual, such as name, address, phone number, email address; and 2) regarding children, or any special categories of personal data, as defined under Article 9 of the GDPR, except as may otherwise be expressly agreed in writing between the Parties and in accordance with the applicable law. This type of data is not necessary to use First Media Ltd’s Services.
Client/User is responsible for ensuring their own compliance with various laws and regulations, including the GDPR. To the extent required under the applicable law, you shall provide an appropriate notice to Data Subjects about the Processing of their Personal Data in connection with the use of Services under this DPA and under the End User Privacy Policy (https://members.mondiad.com/privacy), and you shall receive and document the Data Subjects’ consent thereof to the extent required under the applicable law.
To the extent required under the applicable law, Client/User must also use commercially reasonable efforts to ensure that the End User is provided with clear and comprehensive information about cookies or other information on the End User’s device in connection with the use of Services by the Client/User and, if applicable, consents to their storing and accessing. To the extent required under the applicable law, Client/User shall inform the End User about third party cookies (or other tracking technologies) which may be placed on Client/User’s site(s), specifying the purpose of these cookies (e.g., targeted advertising) and the type of data collected on the Client/User’s site(s). Client/User shall also inform End Users of options to deactivate First Media Ltd’s cookies by including in its privacy policy a link to First Media Ltd’s End User Privacy Policy (https://members.mondiad.com/privacy), and when legally compulsory, appropriate notice, consent and choice mechanisms that comply with relevant laws and regulations, including GDPR.
You acknowledge and agree that you retain sole responsibility for the lawfulness of the Processing and warrant to First Media Ltd that you are legally allowed to engage First Media Ltd to process Personal Data on your behalf, have provided all necessary notices and obtained all required consents from the Data Subjects (if apply) for the purposes of the Processing described in this DPA.
First Media Ltd shall notify User via e-mail if when receiving a request from a Data Subject in the subject of access to, correction, amendment, deletion of or objection to the processing of that Data Subject’s Personal Data. First Media Ltd shall not respond to any such Data Subject request without User’s prior written consent, except in order to confirm that the request relates to the User.
To the extent that User responds to any such Data Subject request, First Media Ltd shall provide User, to the extent required by law, with commercially reasonable cooperation and assistance in relation to handling of a Data Subject’s request, to the extent legally permitted.
First Media Ltd reserves the right to charge additional fees in relation to the cooperation with the User in regard to this DPA.
First Media Ltd shall ensure that its personnel engaged in the Processing of Personal Data is informed of the confidential nature of the Personal Data, has received appropriate training on their responsibilities and is subject to obligations of confidentiality. Such obligations shall survive the termination of that individual’s engagement with First Media Ltd.
First Media Ltd shall ensure that access to Personal Data is limited only to those members of personnel who require that access in order to fulfil First Media Ltd’s obligations under the Terms of Use.
Pursuant to Article 28, Section 3(c) of the General Data Protection Regulation, First Media Ltd shall take the measures required by the Article 32 of the GDPR.
First Media Ltd shall provide sufficient guarantees of implementation of the appropriate technical and organizational measures in a manner that the processing will meet the requirements of the GDPR and ensure the protection of the rights of the Data Subject.
First Media Ltd imposes appropriate contractual obligations upon its personnel that engages in the Processing of Personal Data, including relevant obligations regarding confidentiality, data protection and data security. First Media Ltd ensures that its applicable personnel have been properly informed of the confidential nature of the Personal Data, has received appropriate training and has executed written confidentiality agreements. First Media Ltd will further ensure that such confidentiality agreements will survive the termination of employment or another form of engagement of its personnel.
If First Media Ltd becomes aware of any accidental or unlawful destruction, loss, alteration, unauthorized disclosure of or access to any Personal Data transmitted, stored, or otherwise Processed on First Media Ltd’s equipment or in First Media Ltd’s facilities (“Security Breach”), First Media Ltd will promptly: (1) notify the User of the Security Breach; (2) investigate the Security Breach and provide User with all relevant information about the Security Breach; and (3) take all commercially reasonable steps to mitigate the effects and minimize any damage resulting from the Security Breach.
User authorizes First Media Ltd to appoint Sub-Processors in order to provide the Services.
First Media Ltd may continue to use the Sub-Processors already engaged by First Media Ltd according to this DPA.
First Media Ltd may integrate the User’s services with external service providers’ platforms for the purpose of providing its Services, on User’s behalf and for the purposes of serving the User’s interests, where such external service providers may be Sub-Processors, which User hereby agrees to. A full list of such Sub-Processors is available upon the User’s written request directed to First Media Ltd.
Although the provisions above, User hereby authorize First Media Ltd to subcontract the Processing to the Sub-Processors based outside of the European Economic Area (EEA) to the extent necessary to duly perform the Service(s), under the condition that the Sub-Processors will provide sufficient guarantees in relation to the required level of data protection, e.g. through a Privacy Shield certification according to the EU Commission Decision 2016/1250, or a subcontracting agreement based on the standard contractual clauses launched by virtue of the EU Commission Decision on standard contractual clauses for the transfer of personal data to processors established in third countries under Directive 95/46/EC or GDPR (the “Model Contract Clauses”), or based on other applicable transborder data transfer mechanisms.
Term: This Agreement shall become effective as of May 25th, 2018. User authorizes First Media Ltd to retain Personal Data for a period of 120 months from the date of its collection on User’s behalf and for the purpose of serving its interests, including for fraud prevention, ad security services, reporting services, complaints or chargebacks handling. This data may be deleted from First Media Ltd’s servers after this retention period and/or after the termination of Agreement or earlier, at User’s written request.
Notices: If User wish to make any inquiries about this Agreement, please contact us at [email protected]
Liability: User shall indemnify and hold First Media Ltd, its officers, directors, employees, contractors, and agents harmless from and against all claims, liabilities, administrative fines, suits, judgments, actions, investigations, settlements, penalties, fines, damages and losses, demands, costs, expenses, and fees including reasonable attorneys’ fees and expenses, arising out of or in connection with any claims, demands, investigations, proceedings, or actions brought by data subjects, legal persons (e.g., corporations and organizations), or supervisory authorities under the data protection laws that apply to First Media Ltd in respect of processing of Personal Data on behalf of User through Services.
The liability of each party under this Agreement shall be subject to the exclusions and limitations of liability set out in the legal terms.
Governing law: This Agreement shall be governed by, and is construed in accordance with, the laws of Gibraltar, without giving any effect to any choice of law and provisions thereof that would cause the application of the laws of any other jurisdiction.
Available upon request.
