adMama: terms and conditions


This Terms and Conditions govern your membership in the admama.com website. Access and use of the membership portions of the site are provided by adMama to you on condition that you accept this terms and conditions of use.

Participation in the program starts after registration and acceptance of these 'Terms and Conditions'. By registering, you represent and warrant that all information provided by you to adMama is correct and current and that you have all necessary right, power and authority to enter into this agreement and to perform the acts required of you hereunder. Participation in the program is subject to your continued compliance with these terms and conditions. If at any time the terms and conditions of this membership agreement are no longer acceptable to you, you should immediately cease use of the membership portions of the site.

By registering a site as a publisher, you represent and warrant that you are the owner of each site or that you are legally authorized to act on behalf of the owner of such site(s) for the purposes of this agreement and the program.

You agree to

  • Comply with all applicable laws, statutes, ordinances and regulations
  • Do not breach and have not breached any duty toward or rights of any person or entity including, without limitation, rights of intellectual property, publicity or privacy, or rights or duties under consumer protection, product liability, or contract theories; and
  • Are not hate-related.

By including in your site(s) the code provided by adMama, you agree to have adMama deliver, display, track and report ads and adMama brands in connection with your site. You shall comply with the specifications provided by adMama, which may be modified from time to time. You agree not to modify the code provided to you by adMama in any way, unless expressly authorized in writing by adMama (including by electronic mail).

You agree to direct communicate solely with adMama, and not to any advertiser or publisher, any communication regarding any ad(s) displayed in connection with your site(s)

You are solely responsible for the site(s), including all content and materials, maintenance and operation thereof, traffic generation, the proper implementation of adMama's specifications, and adherence to the terms of this terms and conditions.

adMama reserves the right to investigate, at its own discretion, any activity that may violate this agreement, including but not limited to any use of a software application to access ads, or any engagement in any activity prohibited by this agreement.

adMama is not responsible for anything related to your site(s), including without limitation the receipt of queries from end users of your site(s) or the transmission of data between your site(s) and adMama. In addition, adMama shall not be obligated to provide notice to You in the event that ads are not being displayed properly to end users of the site(s).

Payment

Each ad has an associated validation action and related revenue determined by adMama, which may be among, revenue per impression, revenue per click or revenue per duration.

Upon legitimate execution by an end user of the associated validation action, adMama will count the associated revenue towards your monthly earnings.

At the beginning of each calendar month, adMama will raise an invoice to itself on your behalf for the earnings of the previous month, and bring forward the amount of those invoices to your earned balance.

If your balance exceeds $50, adMama will send payment to your paypal account you provided in your profile within thirty (30) days of the invoice date. In the event the agreement is terminated, adMama shall pay your earned balance to you within approximately ninety (90) days after the end of the calendar month in which the agreement is terminated by you or by adMama.

Notwithstanding the foregoing, adMama shall not be liable for any payment based on:

Any amounts which result from invalid queries or invalid clicks related to ads generated by any person, bot, automated program or similar device, as reasonably determined by adMama, including without limitation through any queries or clicks originating from computers under your control or false representation or request for end users to click on ads.

Ads delivered to end users whose browsers have JavaScript disabled, placeholder or transparent ads that adMama may deliver or clicks co-mingled with a significant number of invalid clicks described in above, or as a result of any breach of this agreement by you for any applicable pay period.

adMama reserves the right to withhold payment or charge back your account due to any of the foregoing or any breach of this agreement by you, pending adMama's reasonable investigation of any of the foregoing or any breach of this agreement by you, or in the event that an advertiser whose ads are displayed in connection with your site(s) defaults on payment for such ads to adMama.

In addition, if you are past due on any payment to adMama in connection with any adMama program, adMama reserves the right to withhold payment until all outstanding payments have been made or to offset amounts owed to you in connection with the program by amounts owed by you to adMama.

To ensure proper payment, you are solely responsible for providing and maintaining accurate contact and payment information associated with your account. Any fees related to returned or cancelled of money transfers due to a contact or payment information error or omission may be deducted from the newly issued payment.

You agree to pay all applicable taxes or charges imposed by any government entity in connection with your participation in the program.

adMama may change its pricing and/or payment structure at any time.

If you dispute any payment made under the program, you must notify adMama in writing within thirty (30) days of any such payment, failure to so notify adMama shall result in the waiver by you of any claim relating to any such disputed payment.

Payment shall be calculated solely based on records maintained by adMama. No other measurements or statistics of any kind shall be accepted by adMama or have any effect under this agreement.

Prohibited Uses

Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy) of others.

Publish post, distribute or disseminate any defamatory, infringing, indecent or unlawful material or information.

Upload or otherwise transfer files that contain software or other material protected by intellectual property laws (or by rights of privacy or confidentiality) unless you own or control the rights thereto or have received all necessary consents.

Upload or otherwise transfer files that contain viruses, corrupted files or any other similar software or programs that may damage or inhibit the operation of another computer.

Delete any author attributions, legal notices, or proprietary designations or labels in any file that is uploaded.

Use any communications or content or other information obtained through the site in a manner that is competitive with the site or adMama's business.

Encourage any type of click spamming by artificially inflating click numbers by asking users of your website to click on advertisements placed through the site or encouraging a user to click on an ad other than when users are actually interested in the product of service that is offered. Click Spamming will result in payment being withheld, loss of revenue from the said clicks, and possible account termination.

You acknowledge that any attempted participation or violation of any of the foregoing is a material breach of this agreement and that we may pursue any and all applicable legal and equitable remedies against you, including an immediate suspension of your account or termination of this Agreement, and the pursuit of all available civil or criminal remedies.

Termination - Cancellation

This Membership Agreement is effective until terminated. Either party may terminate this agreement (and participation in the membership portions of the site) at any time by notification at that party's e-mail address as set out on the admama.com website in the case of adMama, and as set out in your profile on the admama.com website.

adMama, reserves the right, in its sole discretion, to restrict, suspend or terminate your right to access the membership portions of the site at any time for any reason without prior notice or liability.

adMama may change, suspend or discontinue all or any aspect of the site at any time, including the availability of any feature, database, or content, without prior notice or liability.

Termination of this membership agreement does not relieve you of your responsibilities to pay any amounts due to adMama under this membership agreement or your obligations to not use the membership portions of the site or any content other than in the manner permitted under this membership agreement or any other agreement entered into at the time such content was downloaded.

Termination of this membership agreement shall operate without prejudice to the adMama's rights, defenses and limitations of liability provided under this membership agreement, which rights, defenses and limitations of liability shall survive termination of this membership agreement.

Upon termination of your access to the membership portions of the site, you agree to forfeit all credits remaining in your account

Confidentiality

You agree not to disclose adMama confidential information without adMama's prior written consent.

You acknowledge that the confidential information which you obtain through the entering into of this membership agreement and the use of the site constitutes valuable, confidential, proprietary information of adMama and its affiliates, and you agree that during the term of this membership agreement and thereafter you shall not, without the express written consent of adMama, use or disclose to any other person any such confidential information, except as specifically authorized under this membership agreement or as required by applicable law.

For the purposes of this Membership Agreement, 'Confidential Information' means any and all data, information, ad content, software or materials relating to the business and management of adMama, its members, affiliates, that is designated as confidential or ought reasonably to be considered confidential, including but not limited to: their business model and operations, processes, products, designs, pricing, promotions, business plans, business opportunities, finances, research, development, know-how, trade-secrets, training materials, personnel, clients, methodologies, Site content belonging to others and other intellectual property.

DISCLAIMERS, EXCLUSIONS AND LIMITATIONS

adMama expressly disclaims all representations and warranties, and you agree that there are no representations or warranties being made by adMama, implied or express, statutory or otherwise, in respect of the adMama or its operation. adMama expressly waives all implied warranties and conditions of merchantability, merchantable quality or fitness for purpose. both parties waive application of the UN Convention on the International Sale of Goods. You agree that your participation in the adMama is at your own risk. While adMama uses commercially reasonable efforts to ensure a high standard of service, adMama guarantee, and assumes no liability in the event, that the admama.com website will be operational at all times or that the adMama will not experience periodic disruptions.

adMama makes no guarantee regarding the level of impressions of or clicks on any Ad or Banner, the timing of delivery of such impressions and/or clicks, or the amount of any payment to be made to you under this agreement. adMama shall not be liable for any direct, indirect, consequential, special, incidental or other damages incurred by your participation in the adMama service, whether based on contract (including fundamental breach), tort (including negligence) or otherwise. In no event shall adMama's aggregate liability exceed the amount of fees then due to you as determined pursuant to this agreement.

You agree that any dispute arising from participation in the adMama service and/or this agreement shall be settled by means of binding arbitration, to be conducted in accordance with the rules of the American Arbitration Association and which shall take place at the location of adMama's head office.

Thank you for choosing the adMama and we look forward to a mutually successful business relationship.
 
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