Last updated: 23.04.2019
These are the Terms and Conditions that apply to the use, by Advertisers, of the various services available on the Platform.
Ad Market Limited (“AdMarket”) is a company incorporated and registered in Cyprus under the registration number HE361574, having its registered address at 15 Agiou Pavlou Str, Ledra House, Agios Andreas, 1105, Nicosia, Cyprus.
References in these Terms to “your” or “you” are to the person/entity who accepts these Terms and agrees to create accounts and use the services as set out in and under these Terms. You and AdMarket shall together be referred to as the “Parties” and references to a “Party” shall be to the relevant one of them as the context requires.
|“Account”||means an account created by an Advertiser on the Platform in order to use the Services.|
|“Advertiser”||means a person or entity that creates an account on the Platform as an advertiser, uses the Services, and agrees to follow these Terms.|
|“Additional Payment Terms”||means an additional Agreement or an appendix to this Agreement defining payment and invoicing terms other than defined in this Agreement.|
|“Advertiser’s Website”||means the website that a user is re-directed to after interaction with Advertising Material Implemented on a Publisher’s Website.|
|“Advertising Campaign”||means an organized course of action to promote a product or service.|
|“Advertising Material”||means the text, graphics, logos, designs, trademarks and copyrights for any type of advertising including, but not limited to, banners, text ads, landing pages, video ads, sites, pop-ups and pop-unders created by an Advertiser and any other advertising materials containing a hyperlink, which when implemented in a Publisher’s Website and clicked on by a web user, send the web user to the Advertiser’s Website.|
|“Applicable Law”||means Gibraltar law or regulation or any other laws, rules or regulations of other territories or jurisdictions (as the case may be) and as may be amended from time to time.|
|“Business Days”||means a day (other than a Saturday, Sunday or public holiday) where banks in Gibraltar are open for business.|
|“Confidential Information”||means the terms of this Agreement, all matters relating or connected to its performance and all information or data of a Party, which is disclosed or otherwise comes into the other Party’s knowledge or possession directly or indirectly as a result of this Agreement and being of a confidential nature.|
|“Charges”||means the sums payable for the Services, as set out clause 6.1.|
|“Dashboard”||means the information management tool that visually tracks, analysis and displays key performance indicators, such as but not limited to the number of advertising impressions, which is available to Advertisers on the Platform.|
|“Implementation”||means incorporation or integration of the Advertising Materials into the Publisher’s Website which enables web-users to view Advertising Materials or access any of the Advertiser’s Websites by clicking on the relevant Advertising Material as incorporated into the Publisher’s Website and “Implement”, “Implementing” and “Implemented” shall be construed accordingly.|
|“Inappropriate Content”||means but is not limited to content which promotes violence, promotes discrimination, promotes illegal activities, aimed at political ends, both party political advertising and political advocacy by non-partisan groups, infringes the Intellectual Property Rights of any person, involves malware, viruses or fishing offers or violates advertising regulations or rules of conduct, such as but not limited to advertising for or in connection with medicinal products for the purpose of the treatment, prevention or diagnosis of any disease .|
|“Intellectual Property Rights”||means:
(i) patents, inventions, designs, copyright and related rights, database rights, trade marks and related good will, trade names (whether registered or unregistered), and rights to apply for registration;
(ii) proprietary rights in domain names;
(iii) knowhow and Confidential Information;
(iv) applications, extensions and renewals in relation to any of these rights; and
(v) all other rights of a similar nature or having an equivalent effect anywhere in the world.
|“Misleading Advertising”||means any advertising which in any way, including its presentation, deceives or is likely to deceive the persons to whom it is addressed or whom it reaches and which, by reason of its deceptive nature, is likely to affect their economic behaviour or which, for those reasons, injures or is likely to injure a competitor.|
|“Personal Data”||shall have the meaning as prescribed in the Data Protection Act 2004 as may be amended from time to time.|
|“Platform”||means the platform created by AdMarket, which is available through the Website, for Advertisers and Publishers.|
|“Publisher”||means a person or entity that creates an account on the Platform as a publisher, and who is responsible for the distribution of Advertising Material on Publisher’s website.|
|“Publisher’s Websites”||means the web sites which are owned or operated by a Publisher or are contractually part of a Publisher’s syndication network in order to Implement Advertising Materials.|
|“Services”||means the services offered to Advertisers on the Platform, which include the following:
i) Implementing Advertising Material on the network of Publishers available on the Platform;
ii) providing reports to Advertisers on the Dashboard; and
iii) any other services which are incidental or ancillary to the above services.
|“Website”||means the domain of www.AdMarket.com, or such other domain(s) as AdMarket may determine from time to time to provide the Services.|
Credit Card Payments
An Advertiser may choose between any of the following three pricing models:
Each pricing model shall be referred to as a “Charge Event”.
An Advertiser shall also set the price for the Advertising Material (the “Price”). The charge shall be calculated having regard to the applicable Charge Event and Price.
For example, if an Advertiser has opted for CPM and has set the price at $1.00, the Advertiser shall be charged a fee of $1.00 for every 1,000 impressions.
By becoming an Advertiser and/or by using the Services you hereby agree, represent and warrant that:
To the fullest extent permitted by applicable law and except as otherwise specified in writing by us:
You can communicate for any reason, whether a complaint or not, with us by phone or email. Please note that our calls may be recorded so as to safeguard and protect your interests and for us to ensure the quality of our services. AdMarket may, but are not obligated to, retain any communication with you.