Terms and Conditions — Publishers

T&Cs Publishers May 2018

Purchaser (meaning the entity whose products or services are promoted in connection with these terms and conditions), in contracting for Publisher’s (your) services in the provision of deliverables, either directly or indirectly through a network of Publishers, requires that Publisher (you) adheres to the following terms and conditions with respect to Publisher’s (your) relationship to Purchaser and presentation of the text and graphics promoting Purchasers goods or services (the Purchaser’s advertisements). In participating in any Purchaser advertising or marketing campaign Publisher fully accepts and agrees to the terms and conditions as set out in this document.

1. ADVERTISEMENTS WILL NOT BE PLACED ON WEBSITES OR OTHER ONLINE MEDIUMS WHICH:
   1. Advocate, facilitate, or encourage copyright or other intellectual property rights infringement, or any other actions prohibited by law;
   2. Promote peer-to-peer network, illegal file sharing, or illegal file downloading;
   3. Promote violence, hate crimes, discrimination, exploitation, or vilification against any race, religion, sexual orientation, disability, ethnicity, nationality, age, gender, gender identity, or political affiliation;
   4. Displays material of a libelous, obscene, objectionable, or defamatory nature, or which is otherwise contrary to good business practice or public policy;
   5. Promote the use of firearms, explosives, alcohol, tobacco, or illegal drugs or other controlled substances;
   6. Promote multi-level marketing, pyramid schemes, or mail fraud, or provide investment advice other than that of a qualified professional investment adviser;
   7. Are oriented primarily towards viewers under the age of 16; or
   8. Would otherwise reflect poorly on Purchaser.
2. IN PLACING ADVERTISEMENTS OR GENERATING DELIVERABLES PUBLISHER WILL NOT:
   1. Send unsolicited commercial email (SPAM);
   2. Utilise any form of adware, malware, or spyware;
   3. Utilise ActiveX, Java, DotNet, or other scripts or software mechanisms to remove or limit an internet user’s control of their web browser;
   4. Display the advertisements in any way such that portions of the advertisement are obscured;
   5. Utilize any form of fishing, spamming, spidering, or robots to collect personal information or otherwise invade a internet users privacy;
   6. Collect information supplied by a customer to Purchaser;
   7. Engage in any misleading or deceptive conduct, especially in relation to the price or subscription character of Purchaser’s service;
   8. Represent themselves as being in any way connected with Purchaser or any other third party referred to in the advertisements;
   9. Make representations or warranties of any kind with regard to the products or services offered by Purchaser;
   10. Provide any misleading or incorrect information about Purchaser or its products; or
   11. Utilize any other methods of advertising that would reflect poorly on Purchaser.
3. IN RELATION TO THE ADVERTISEMENTS PROVIDED BY PURCHASER PUBLISHER WILL NOT:
   1. Alter the advertisement in any way;
   2. Use advertisements of their own creation, or that of a third party;
   3. Cache or locally store any advertisement, graphic, text, or audio track, or fragment thereof, made available by Purchaser; or
   4. Obtain any rights in or to the advertisements or any trademark or other intellectual property of Purchaser or any other third party.
4. PUBLISHERS WILL BE FURTHER RESTRICTED IN NOT:
   1. Acting in breach of applicable national laws or applicable codes of conduct
   2. Generating false clicks, subscriptions, or deliverables;
   3. Urging third parties to generate false clicks, subscriptions, or deliverables; or
   4. Performing other acts that will result in an unwarranted increase in Publisher’s commission.
5. IF PUBLISHER ACTS IN BREACH OF THE REQUIREMENTS SET OUT IN THIS DOCUMENT PURCHASER WILL BE ENTITLED TO:
   1. Immediately terminate Publisher’s relationship with Purchaser;
   2. Withhold any accrued and unpaid commissions attributable to Publisher;

PUBLISHER FURTHER FULLY INDEMNIFIES AND HOLDS HARMLESS PURCHASER, ITS PARENTS, SUCCESSORS, SUBSIDIARIES AND AFFILIATED COMPANIES AND THEIR RESPECTIVE DIRECTORS, OFFICERS, AGENTS AND EMPLOYEES AGAINST ANY CLAIMS, LIABILITIES, LOSSES, DAMAGES, INJURIES AND EXPENSES, HOWSOEVER INCURRED AND OF WHATEVER NATURE, WHICH RESULT FROM PUBLISHERS BREACH OF ANY OF THE TERMS AND CONDITIONS SET OUT IN THIS DOCUMENT.

Any dispute arising in connection with the terms and conditions set out in this document will be subject to UK law.