Terms and conditions
Last modified: March 22, 2024
The following General Terms and Conditions (“Terms”), including any schedules, apply to Publisher’s use of the SOFTEK ADS Service. These Terms are between the Publisher and the entity SOFTEK ADS listed as “SOFTEK ADS” (each a “Party” and collectively “Parties”).
1. Definitions
1.1 “Ads” means any advertisement that SOFTEK ADS has the right to display.
1.2 “SOFTEK ADS Technology” means SOFTEK ADS proprietary technology that allows SOFTEK ADS to serve relevant Ads on Publisher’s Site(s).
1.3 “Site(s)” means the website(s), Internet-enabled applications, and other online environments that Publisher owns or is legally authorized to operate and on which Publisher has been authorized by SOFTEK ADS to integrate SOFTEK ADS ad tags and/or technology.
1.4 “SOFTEK ADS Statistics” SOFTEK ADS measures, through its servers and ad aserver, the number of delivered ad impressions and/or other indicators necessary for calculating the amounts due to the Publisher. The SOFTEK ADS Statistics are available on its dashboard which can be viewed by logging in.
1.5 “Revenue share” means a 10% (ten percent) service fee applied to the entire ad revenue generated by the Publisher. Which gets split between 2 parties. Publisher receives 90% and 10% will be Softek Ads.
1.6 “Estimated earnings” means the revenue calculated after Revenue share is applied, solely on the basis of SOFTEK ADS Statistics relative to the number of delivered ad impressions.
1.7 “Deductions” means revenue generated by invalid clicks and impressions or activity / traffic
1.8 “FINAL PAYMENT AMOUNT” means the amount resulting from Estimated earnings minus Deductions.
2. Softek Ads Service
2.1. Implementation. Publisher shall comply with the technical requirements and/or specifications provided by SOFTEK ADS for the purpose of setting up the SOFTEK ADS Service, which may involve including the SOFTEK ADS script, tags, and other code supplied by SOFTEK ADS. SOFTEK ADS reserves the right to approve Publisher’s implementation of the technical requirements and/or specification prior to Publisher’s use of the SOFTEK ADS Service. Publisher shall be solely liable for performing these operations. For avoidance of doubt, SOFTEK ADS shall have no liability to pay Publisher for any Ads improperly served as a result of Publisher’s failure to properly implement SOFTEK ADS technical requirements and/or specifications.
2.2. Advertising Inventory. SOFTEK ADS may monetize Publisher’s advertising inventory directly and through its third-party partners. Publisher acknowledges and agrees that SOFTEK ADS may cease sending certain advertising inventory or ad sizes at any time. If the Site(s) are owned or controlled in whole or in part by any third party, then without prejudice to the Publisher’s obligations under these Terms, the Publisher shall procure that such third parties comply with these Terms as if such third parties were the Publisher and the Publisher shall be liable for any breach of the Terms by such third parties, as if such breaches were breaches of the Publisher.
2.3. Intellectual Property. Neither Party shall, by virtue of utilizing the SOFTEK ADS Service, acquire, claim, or assert any right, title, or interest, whether direct or indirect, in or to the other Party’s intellectual property, including but not limited to Game(s), Site(s), Services, Technology, and SDKs.
SOFTEK ADS is expressly permitted to use small logos attached to its services without necessitating the prior written consent of the opposing Party
2.4. Prohibited Content. Publisher shall not include any content in its Site(s) that includes indecent material, obscene, adult or pornographic material, hate speech, defamatory material, subject matter that is highly objectionable, material that promotes or allows download of software viruses or other malware, counterfeit or infringing products or content, fraudulent or intentionally misleading material, tobacco products, firearms and ammunition, prescription drugs, any material that is itself illegal or which improperly references illegal activities, or any other material prohibited by SOFTEK ADS guidelines:, and any other any other content guidelines, placement restrictions or editorial policies set forth in writing by SOFTEK ADS (“Prohibited Content”). SOFTEK ADS shall use commercially reasonable efforts to not display or deliver Ads that contain Prohibited Content to users of the Site(s). Should there be any material change to the list of Prohibited Content, SOFTEK ADS shall communicate these changes to Publisher.
3. Invoicing and Payments
3.1 SOFTEK ADS uses a self-invoicing process, which means that based on the SOFTEK ADS Statistics, SOFTEK ADS automatically creates the invoice for the Publisher, detailing the Publisher’s FINAL PAYMENT AMOUNT for the previous month.
3.2 SOFTEK ADS Payment terms work on NET 35 Days. (Which means if you generate revenue in March then you will receive your payment after 5th April). SOFTEK ADS shall pay Publisher the FINAL PAYMENT AMOUNT, within ten (10) days after the date of invoice. Publisher agrees to pay or to bear the costs of all applicable taxes and charges imposed by any government entity in connection with the SOFTEK ADS Service, including without limitation taxes and charges related to Publisher’s FINAL PAYMENT AMOUNT. SOFTEK ADS shall have no liability to pay for any advertising inventory monetized by SOFTEK ADS as a result of fraudulent activity by Publisher or a third party.
4. Termination
Either Party may terminate these Terms at any time and for any reason, upon written notice to the other Party.
5. Confidentiality
5.1. Confidentiality. Except for the specific rights granted by these terms, the receiving Party shall not access, use or disclose any of the disclosing Party’s Confidential Information, and shall protect the disclosing Party’s Confidential Information using at least the standard of care used to protect its own Confidential Information, but not less than reasonable care. The receiving Party shall ensure that its employees and contractors with access to such Confidential Information (a) have a need to know for the purposes of these Terms and (b) have agreed to restrictions at least as protective of the disclosing Party’s Confidential Information as these Terms. Each Party shall be responsible for any breach of confidentiality by its employees and contractors. Neither Party may disclose the terms of these Terms without the prior consent of the other Party.
6. Prohibited Actions
Publisher shall not, directly or indirectly:
6.1. use in connection with any Ads any URL re-directions, framing techniques, pop-up windows, new consoles or other items or techniques that would alter the appearance, presentation or functionality of any advertiser’s web site from that seen by users hand-entering the applicable URL into their browser;
6.2. license, sell, assign, distribute or otherwise commercially exploit or make available to any third party the SOFTEK ADS Service, including Ads derived from the SOFTEK ADS Service;
6.3. generate impressions or clicks on pages containing Ads through any fraudulent means including automated requests;
6.4. Pursuant hereto, the Partner shall be entitled to deploy the Provider’s ad units (“Advertising”) only on the Partner’s digital products agreed in writing and approved by the Provider (“Domains”) and on the Domains of its contractual partners (“SubPartners”).
6.5. include Ad in a browser window generated by an adware, spyware or P2P application;
7. Privacy & Data
7.1. Privacy Policy. Publisher shall include on its Site(s), at all times it is using the SOFTEK ADS Service (i) a comprehensive, easily accessible, and up to date privacy policy that complies with all applicable laws and regulations and informs its users that third party cookies may be placed on its Site(s), specifying the purpose of these cookies (e.g., re-targeting) and specifying the type of data collected on the Publisher’s Site(s); and (ii) when legally compulsory, Publisher shall include on its Site(s) appropriate notice, consent and choice mechanisms that comply with relevant laws and regulations.
7.2. Data. Publisher agrees that SOFTEK ADS may collect, access and use non-identifying data to improve the SOFTEK ADS Service and other SOFTEK ADS products, programs and/or services. This non-identifying data may include on-site’s user behavior and user/page/content data, URLs or statistics