1.1 "Advertiser": is an entity who wishes to promote its own or 3rd products and services using the platform.
1.2 "Platform": online advertising platform under domain http://advert.ppc.buzz/, including all related technology, software, tools and infrastructure that is used by Advertiser to purchase traffic.
1.3 "Campaign": organized number of targeting options configuration such as Geo, Browser, Device, OS, ISP, Time set up by Advertiser in Platform in order to promote specific offer, service or product.
1.4 "Traffic": number of ad views, clicks, leads (ad code) seen by end user that is placed on web sites, mobile apps etc.
2.1 The platform is used by Advertiser to set up Campaigns and purchase the advertising Traffic according to specific Campaign targeting.
2.2 The platform itself is a self-serve solution which means that Advertiser manages all Campaigns by its own.
2.3 Advertiser is supposed to take a responsibility for Campaign configuration such as Daily ad impressions number, Daily and Lifetime budget, Frequency cap, cost per ad view.
2.4 Advertiser purchasing Traffic on CPM (advertiser is charged for 1000 ad impressions, clicks)
2.5 Advertiser takes a part in auction with other Advertisers who purchases traffic. A particular ad impressions will be sent to the one who places the highest CPM according to Campaign targeting.
2.6 Platform keeps the right to block Campaign or advertiser account if Campaign content doesn't follow ad materials restrictions. Following ad materials are prohibited:
3.1 All reported numbers for the purposes of billing and general delivery reporting are based on Platform reports.
3.2 In the case of discrepancies, Parties will make reasonable efforts to resolve them in good faith.
3.3 All numbers are reported in UTC time zone
4.1 All payment are made on prepayment basis. Advertiser is allowed to run Campaigns having positive account balance only.
4.2 Supported payment methods are PayPal, WebMoney and Wire transfer.
4.3 Advertiser balance is funded instantly when using PayPal or Webmoney. Using Wire transfer it takes 2-5 days to fund Advertiser's account.
4.4 Advertiser is able to terminate Campaign and request a refund of remaining account balance at any time. Advertiser should request a refund contacting account manager or send an email to platform support team at email@example.com. Money will be returned to Advertiser in 7 days period. Funds that was already charged for the provided Traffic are non-refundable.
Any confidential information and/or proprietary data provided by one party (“Discloser”) to the other party (“Recipient”), including the descriptions and the pricing of the products and the terms hereof, shall be deemed “Confidential Information” of the Discloser. Confidential Information shall not be released by the Recipient to anyone except an employee or agent that has a need to know the same and that is bound by written confidentiality obligations at least as strict as those contained herein. Recipient shall not use any portion of Confidential Information provided by the Discloser for any purpose other than those provided for under the Agreement.
Each party represents and warrants to the other that: (i) it has all rights, power and authority necessary to enter into this Terms and Conditions and perform its obligations hereunder; (ii) its performance of this Terms and Conditions will not violate any agreement to which it is bound or the rights of any third party; and (iii) it will comply with all applicable laws, regulations, orders and other requirements of any governmental authority of competent jurisdiction in its performance of this Terms and Conditions. (iv) Neither Party will be liable for any claims arising due to Parties’ negligence, failure to comply with any such laws; each Party agrees to indemnify, defend and hold harmless the other Party and its partners from and against any such claims.
Each party (the “Indemnifying Party”) agrees to indemnify, defend and hold harmless the other party and its Affiliates (and all equity holders, employees, officers, directors, contractors or representatives of the same) (collectively, the “Indemnified Party”) to the maximum extent permitted by law from and against any and all damages, liabilities, costs and expenses (including reasonable attorneys’ fees) arising out of a third party claim based on the Indemnifying Party’s breach of any term of this Terms and Conditions. If any claim or action is brought against the Indemnified Party for which indemnity may be sought pursuant to this section, the Indemnified Party shall be entitled to participate at their own expense in the defense of such claim, and no settlement may be entered into by the Indemnifying Party without the Indemnified Party’s prior written consent.
EXCEPT FOR BREACH OF CONFIDENTIALITY AND INDEMNIFICATION OBLIGATIONS HEREIN, IN NO EVENT WILL EITHER PARTY OR ITS AFFILIATES BE LIABLE TO THE OTHER PARTY OR ANY THIRD PARTY CLAIMING BY OR THROUGH SUCH PARTY FOR ANY SPECIAL, PUNITIVE, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES UNDER ANY THEORY OF LAW, TORT (INCLUDING NEGLIGENCE), CONTRACT, EQUITY OR OTHERWISE, INCLUDING DAMAGES FOR LOST PROFITS, REVENUES, OR DATA, COSTS OF COVER, BUSINESS INTERRUPTION, LOSS OF GOODWILL, OR DAMAGE TO REPUTATION, IN EACH CASE ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, EVEN IF SUCH PARTY HAD BEEN ADVISED OF (OR KNEW OR SHOULD HAVE KNOWN OF) THE POSSIBILITY OF SUCH DAMAGES. FURTHER, EXCEPT FOR BREACH OF CONFIDENTIALITY AND INDEMNIFICATION OBLIGATIONS HEREIN, IN NO EVENT WILL THE DIRECT DAMAGES OF EITHER PARTY OR ITS AFFILIATES TO THE OTHER PARTY OR ANY THIRD PARTY EXCEED, IN THE AGGREGATE WITH RESPECT TO CLAIMS ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, THE TOTAL DOLLAR VALUE OF ALL FEES PAID TO PUBLISHER DURING THE THIRTY (30) DAY PERIOD PRECEDING THE EVENT GIVING RISE TO THE APPLICABLE CLAIM.