Terms of service - LeadAMore

Terms And Conditions – Affiliates

These (together with the documents referred to) are the Terms and Conditions governing your (hereinafter referred to as the “Publisher”) relationship with LEADAMORE (hereinafter referred to as LEADAMORE), as well as the use of any website connected with LEADAMORE services (hereinafter referred to as the “Website”). Please read these Terms and Conditions carefully before using our Website. By using the Website, you indicate that you accept these Terms and Conditions and that you agree to abide by them. If you do not agree to these Terms and Conditions, please refrain from using the Website. LEADAMORE reserves the right to introduce changes to the Website and these Terms and Conditions. Please note that it is your responsibility to regularly check these Terms and Conditions, so that you are informed about any changes introduced.

  1. Approval of the Publisher.
  2. The participation of the Publisher in the LEADAMORE lead generation program requires a prior approval by LEADAMORE. This approval entails meeting the requirements enumerated in Sections 1.1 and 1.2 below, but please note that the compliance with these requirements does not automatically entail the approval. LEADAMORE reserves the right not to grant approval to the potential Publisher. When the Publisher has been granted approval, his/her participation in the program shall be determined by his/her fulfilment of all of the terms and conditions of this Agreement. If the Publisher fails to comply with the terms and conditions of this Agreement, he/she shall be refused the right to continue participating in the Program. The Publisher may re-apply to participate in the program, after having demonstrated proof of compliance with terms and conditions of this Agreement, and after being granted approval by LEADAMORE. If there are any changes in the Publisher’s business practices or strategy, he/she shall immediately inform LEADAMORE.
    1. Minimum Eligibility Criteria.
    2. In order to be approved to become a Publisher, it is necessary that all websites, affiliated websites and e-mail distribution lists (hereinafter collectively referred to as the “Media”) fulfil the following criteria. First of all, the Publisher who wishes to send advertisements via email first needs to obtain the consent of the consumer entailing that the consumer agrees to receiving such emails. Also, the Publisher shall keep records of such consents obtained including the following information:
      • Member opt-in date
      • Registration source
      • First name
      • Last name
      • Address
      • Email address
      • Any other information collected and shall provide such records to LEADAMORE within one business day from receiving a relevant request.
    • Unless otherwise agreed in writing with LEADAMORE, it is forbidden for the Publishers to offer incentives to users in order to boost performance of any Program, including, but not limited to: cash, points, prizes, contest entries, etc. The Publisher shall be responsible for ensuring that his/her websites are fully functional at all times and levels. The policies of the Publisher shall comply at all times with all the applicable laws and regulations.
    1. Publisher Website Content.
    2. As a company that adheres to the highest standards not only in terms of quality of the service delivered, but also as regards ethics, LEADAMORE sets out conditions for Partners acceptance into the Program. Therefore, the content of the Publisher’s Media requires prior approval of LEADAMORE and needs to comply with all applicable laws and regulations (including laws concerning intellectual property rights) and must not include the following:
      • firearms and weapons; ‒ fireworks and other dangerous materials; ‒ drugs, narcotics or steroids; ‒ tobacco and alcohols; ‒ Forex and currencies, cryptocurrencies; ‒ pornography and obscenity; ‒ promotion of violence, hate, racism, religious discrimination; ‒ forged goods and replica goods; ‒ stolen goods, including digital ones; ‒ infringement of copyright, trademark, privacy or violation of any other proprietary right; ‒ pyramid and investment schemes; ‒ unlicensed multi-level marketing; ‒ software pirating; ‒ credit repair or debt settlement services, credit transactions or insurance activities; ‒ gambling, gaming and any other activity with an entry fee and a prize, like casino games, sports betting, horse or greyhound racing, lottery tickets, sweepstakes; ‒ links to any affiliate networks; ‒ other illegal activities.
  1. Use of the Website.
    1. The Website lets LEADAMORE to post offers of advertising programs sponsored by LEADAMORE or its affiliates on the system (hereinafter referred to as “Program(s)”). The terms according to which the Publisher will receive payment are stipulated by the Programs. Compensation is related to a certain event (hereinafter referred to as “Event”) identified in a Program, for instance clicks, click-throughs, sales, registrations, impressions and leads. Upon acceptance of the Program by the Publisher, the Publisher positions this particular Program’s advertising material (hereinafter referred to as “Specified Advertising Materials”) on the Publisher’s Media. The Publisher shall place the Specified Advertising Materials in the way they look on the Website, without modifying them in any way. If the Publisher fails to comply with this requirement may, it may result in the termination of the Program and of cooperation with that specific Publisher. In such a situation the Publisher shall be notified of such termination. It is the responsibility of LEADAMORE to display and administer all active Programs, as well as track payments.
    2. Special Rules Applied to Email Campaigns.
    3. 2.2(a). If LEADAMORE or the Publisher receives a complaint from any recipient of a Program transmitted by the Publisher, the Publisher is obliged to send to LEADAMORE all the relevant records evidencing that recipient’s consent to receive email transmissions from the Publisher, including but not limited to, the Internet address of the Publisher’s opt-in/opt-out website, the date of the recipient’s action, and the Publisher’s privacy policy.
    4. 2.2(b). The Publisher shall not include the Advertiser’s name in the initial e-mail address line or subject line of any email transmission.
    5. 2.2(c). An e-mail shall not include false header information, false registrations for e-mail accounts or IP addresses, and retransmissions of an e-mail ad in order to hide its origin. The Publisher and/or his/her e-mail providers must not retransmit e-mails from a computer or computer network that was subject to unauthorized access.
    6. 2.2(d). Subject lines shall not contain false or misleading information, that would mislead the recipient as regards the message contents. The Publisher is only allowed to use approved Specified Advertising Materials, including subject lines provided by LEADAMORE or the ones which have been previously approved in writing by LEADAMORE.
    7. 2.2(e). Specified Advertising Materials in the form of e-mail messages shall provide clear and conspicuous identification. This means, for instance, that e-mails with advertisements or solicitations, must be easy to be identified as such by stating this in the message body, for example with the following statement: “This advertisement is brought to you by (Your Company)”. The message sender also needs to ensure they are identifiable by providing company name, e-mail and postal address.
    8. 2.2(f). The senders of e-mail messages need to provide the recipients with a method of requesting non-reception of such e-mails from that particular sender. The Publisher must at least enable the recipient to send a message to unsubscribe, to opt out via postal letter, as well as guarantee a fully-functioning unsubscribe link.
    9. 2.2(g). All the requests for unsubscription received from the recipients shall be fulfilled within 10 business days from their receipt. The Publisher must not sell or transfer the e-mail address after the recipient has unsubscribed from receiving future email messages.
    10. 2.2(h). The Publisher is obliged to know the source of his/her e-mail list. E-mail addresses must not be acquired by means of programs for random generation of e-mail addresses, and/or from websites or online services. The Publisher is obliged to keep and guard full opt-in data for all recipients in his/her database.
  2. Monitoring
  3. LEADAMORE is responsible for continuous monitoring of the Publishers, single-handedly or with the help of third parties, in order to ensure that they comply with these Terms and Conditions.
    1. The Publishers shall be monitored by LEADAMORE (or a third party assigned by LEADAMORE) in order to ensure that they comply with the applicable laws, as regards unsubscribe requests, and comply with the terms of use of the Specified Advertising Materials. If this monitoring is performed by a third party assigned for this purpose by LEADAMORE, this third party is obliged to share all such information with LEADAMORE.
    2. Every single list of unsubscriptions provided to the Publisher shall be separately identified so that LEADAMORE can make sure that the Publisher is not using the unsubscribe list for purposes other than those specified by the applicable laws. The Publisher must refrain from sending further correspondence to recipients featured on the unsubscribe list.
  4. License
  5. LEADAMORE grants the Publisher a non-transferable, non-exclusive limited license to use the Website (including Specified Advertising Materials posted on it), as well as use data, reports and information connected with this use (hereinafter referred to as the “Website Data”), but only for the purpose of marketing or promoting the Programs, subject to these Terms and Conditions and the Program Terms. Without the written consent granted in advance to the Publisher by LEADAMORE, the Publisher must not provide the Program to his/her own network of publishers. In the situation when the abovementioned consent is granted to the Publisher, the Publisher shall oblige his/her publishers to agree to and comply with these Terms and Conditions. The Publisher accepts and agrees that he/she does not have, nor is he/she to claim any title or right to the Website software, applications, data, business practices, or any content provided on the Website (including the Specified Advertising Materials). The Publisher is only allowed to access the Website by means of a browser, e-mail or by other means accepted by LEADAMORE. The Publisher must not try to change, erase, hide or otherwise render ineffective the Website tags, source codes, links, pixels, modules or other data provided by or received from LEADAMORE, which are aimed at evaluating advertisement performance and provision of services. The Publisher accepts that all non-public information, data and reports obtained from LEADAMORE belong to LEADAMORE. Upon the explicit instruction provided by LEADAMORE, and/or upon the termination of the Publisher by LEADAMORE, the Publisher shall stop using and destroy the data, including Website Data, and any other material belonging to LEADAMORE or the Advertisers.
  6. Non-Solicitation.
  7. The Publisher agrees not to try to enter in a contract with any of LEADAMORE clients (hereinafter collectively referred to as “Clients”, and individually as “Client”) directly or indirectly via a Client’s ad agency, broker or any other person or entity. LEADAMORE shall immediately provide a written response to any queries from the Publisher which concern the status of any person or entity being LEADAMORE Client, in order to assist the Publisher in his/her compliance with the non-solicitation provisions of this Agreement. The Publisher agrees that LEADAMORE has to right injunctive relief preventing the Publisher from taking any action that would breach this provision, to be issued by any court of the relevant jurisdiction, after evidencing any such action by the Publisher.
  8. Participation in the Program.
  9. LEADAMORE provides the Publisher with all the material necessary to create a website for the purpose of search engine optimization, or the Publisher may create his/her own website. In any of these cases, it is first necessary to obtain the approval of LEADAMORE before releasing any website online and sending traffic to it. If the Publisher already has his/her own website, this website shall also be inspected and receive a written approval from LEADAMORE beforehand. All websites connected with the Program shall have links (hereinafter referred to as “Links”) provided by LEADAMORE and directing traffic to product sales websites served by LEADAMORE. Before the Publisher is allowed to include entities on any such website, LEADAMORE needs to review them and grant its approval to the Publisher. If any Client(s) of LEADAMORE provide content with imbedded bots, Data Miners, links or other creative content, graphic, text or html, this content shall be considered the property of LEADAMORE.
  10. The Publisher is obliged to comply with all the applicable laws and regulations, including but not limited to, the ones imposed by the Cyprus Federal Trade Commission and the state attorneys general. Should the Publisher fail to abide by these laws and regulations, his/her account will be terminated.
    1. Links
    2. The Publisher agrees to use the Links in the same form as they were obtained from LEADAMORE. The Publisher agrees not to change, erase, or introduce any modifications to the Links received without the written consent granted by LEADAMORE. The Publisher accepts that the Links are served from the server of LEADAMORE, unless agreed otherwise. The Publisher shall not take any actions to negatively affect the functionality of such Links or to disable them. Upon the explicit request made by LEADAMORE, the Publisher agrees to modify Links or Tracking devices in the requested way. Unless explicitly requested by LEADAMORE, the Publisher shall not modify Tracking devices.
    3. Ownership
    4. LEADAMORE remains the owner of all rights, titles, and interests to Links and user data gathered and related with the accepted activities in accordance with this Agreement. LEADAMORE may occasionally decide to imbed particular data mining tools within Links (hereinafter referred to as “Data Miners”). Any data obtained by Data Miners shall remain the property of LEADAMORE, however, LEADAMORE may decide to share such data with the Publisher in order to assist him/her in optimizing the quality of leads generated, or to generally enhance the quality, functionality and mutual benefits derived from the activities of the parties under this Agreement. If such data are shared with the Publisher by LEADAMORE, the Publisher agrees that these data will only be used for the purposes for which they are provided and will not be shared by the Publisher with any other third party without the prior written consent obtained by LEADAMORE. If LEADAMORE provides advertising content or other website content of any type (hereinafter referred to as “Website Content”) to the Publisher, this Website Content shall be used by the Publisher: (i) in the same form as it was obtained by the Publisher from LEADAMORE without any changes, unless allowed explicitly in writing to do so; (ii) only in the way allowed by LEADAMORE in writing and only until the Publisher is requested by LEADAMORE to discontinue its use. In such a situation the Publisher shall discontinue using such content within two business days since receiving the relevant request from LEADAMORE.
  11. Deception or Fraud.
  12. LEADAMORE is responsible for monitoring traffic in order to prevent deception or fraud.
    If any deceptive or fraudulent activity is detected, the Publisher’s account will be disabled and further investigation will be carried out. Publishers’ accounts are considered as showing signs of deception or fraud when they:
    • have conversion rates that significantly exceed the industry averages while there is no reasonable evidence justifying such high conversion rates;
    • have ONLY click or lead generation programs which generate clicks or leads without evidence by site traffic that it can sustain the clicks or leads reported;
    • have fraudulent leads as indicated by the Advertisers;
    • have used some incentives to generate clicks or leads;
    • have provided leads acquired through means other than intended consumer action, such as using phone books, or other records of personal data in order to fill in lead generation forms;
    • have fake redirects, automated software, and/or other deceptive methods that allow generating Events from the Programs.
  • If the Publisher artificially and increases leads or clicks by fraudulent traffic generation (for instance by pre- population of forms or mechanisms which have not been allowed by LEADAMORE, or using sites not accepted by the Advertiser), the Publisher shall lose the entire commission for all programs and his/her account shall be terminated. If the Publisher receives a notification of any fraudulent activities on his/her Media, and yet fails to immediately act in order to stop such activities, in such a situation the Publisher will be held responsible for all legal expenses related to these activities.
  • If the Publisher has already been paid for any fraudulent activities, LEADAMORE is entitled to seek compensation from future earnings or to claim reimbursement from the Publisher.
  • All the campaigns that use co-registrations will be automatically deemed fraudulent and not subjected to any payment.
  1. Payment
  2. The payment for the Publisher shall be determined by the terms of each Program. LEADAMORE shall make all the payments due about 15 days after the cashout request has been done at the platform, minus any taxes, in accordance with the applicable law, but LEADAMORE may decide to withhold payments until the Advertiser has paid for the Program. If the Publisher breaches these Terms and Conditions in any way, the Publisher shall lose the rights to any payment by LEADAMORE. In the case of offsets taken by the Advertisers for fraudulent traffic, invalid Events, technical errors, tracking discrepancies, etc., LEADAMORE has the right to withhold or reduce any payments to the Publisher. In order to correctly specify the Publisher’s billing, LEADAMORE shall collect, calculate and electronically provide the necessary data. Any potential queries concerning the data provided by LEADAMORE have to be submitted in writing within 10 business days of receipt, or else the information will be considered accurate by the Publisher. Any Events happening before the initiation of the Program or after its termination will not be paid for by LEADAMORE. Payments made to the Publisher shall be based on the Events as reported by LEADAMORE and Events that are not recorded because of the Publisher’s mistake, will not be compensated for.
  3. Term
  4. This Agreement is initially concluded for the period of one year from the date of its first execution by the last party. After one year the Agreement will automatically renew itself for the next 30 days unless: (a) at least 30 days before such automatic renewal, a party informs the other party in writing that it does not wish to renew the Agreement; (b) this Agreement is terminated earlier, in accordance with its provisions.
  5. Termination
  6. LEADAMORE has the right to terminate a Program and remove any advertisements, after providing the Publisher with a written notice. In such a situation, the Publisher shall terminate the Program and stop sending e-mail messages and stop any traffic related to the removed advertisement(s). LEADAMORE also has the right to terminate the Publisher’s access to the Website without notice.
  7. Termination notice shall be submitted electronically (by e-mail) and upon its receipt, the Publisher needs to stop all advertising actions without delay. All due payments will be paid to the Publisher in the next billing cycle, on condition that these were not earned by deceptive or fraudulent practices, as inspected by LEADAMORE. If any deceptive of fraudulent activity of the Publisher is detected by LEADAMORE, these payments will not be made. However, the representations, warranties and obligations specified in sections 12, 13, 14 and 15 shall remain in force after termination of this Agreement. All payment obligations accumulated before the termination date shall be fully performed.
  8. Representations and Warranties/Covenants.
    1. Mutual Representations.
    2. Each party represents and guarantees that: (a) it is entitled to enter into the Agreement and provide the services stipulated in it, in accordance with these Terms and Conditions; (b) there are no other agreements or commitments to which it is a party that conflict with these Terms and Conditions; and (c) during the time in which any Program remains in effect, it shall adhere to all the applicable laws and regulations. Neither party makes any guarantee, neither explicit nor implicit, regarding the consumer response resulting from the Programs.
    3. Publisher Representations.
    4. The Publisher represents and guarantees that: the Publisher’s Media comply with all the applicable laws and regulations;
    5. The Publisher’s Media do not contain or promote, or include links to another website that features or promotes any content, product, service or activity that is offensive, defamatory, abusive, violent, prejudicial, obscene, sexually explicit or illegal.
    6. Only permission-based opted-in e-mail addresses are in the Publisher’s database and the Publisher has the right to use and distribute all content, copyrighted material, products, and services displayed on the Publisher’s Media.
    7. Publisher Covenants.
    8. Publisher covenants that he/she shall not:
      • send unsolicited commercial e-mail, he/she will only send commercial e-mails to only those recipients who have explicitly agreed to receive such commercial correspondence;
      • post any messages to newsgroups, chat rooms, bulletin boards or any other places, concerning any Programs, unless he/she has been granted explicit written permission to do so by LEADAMORE;
      • promote on the website or by means of a link to websites containing any content of pornographic, racial, ethnic, political nature, content regarding software pirating or hacking, hate-mongering, or other types of illegal content specified in section 1.2;
      • use the website for purposes other than originally intended;
      • engage in any kind of unfair trade practices, misleading or fraudulent behaviour or other unlawful practices when promoting any Programs; during the period of time of being an approved Publisher and for 180 days afterwards, he/she shall not take part in any performance-based advertising relationship with any Advertiser within LEADAMORE network, unless there is a demonstrated previous business relationship between this specific Advertiser and the Publisher. In such a situation, both parties accept and agree that if the Publisher fails to fulfil the obligations specified in the Agreement, LEADAMORE has the right to claim damages amounting to 45% of the gross revenues from sales generated by the Advertiser through the advertising or marketing efforts of the Publisher.; and
    • The Publisher covenants that he/she shall:
    • The Publisher accepts that violation of any of these representations and covenants may lead to an immediate suspension or termination of cooperation with the Publisher and the Publisher shall lose all rights to any compensation from LEADAMORE. The Publisher accepts and agrees that LEADAMORE shall not be held responsible for the Advertisers’ breach of any applicable laws or regulations, including the CAN-SPAM Act.
      • conduct the web advertising campaign for the Advertiser, following the highest industry standards at all times;
      • provide within one business day after receiving a relevant request from ……………. LEADAMORE, the IP Information and other related data. Failure to submit such information may lead to the termination or suspension of the Publisher and/or the deactivation of all links in any Programs downloaded by the Publisher.
  1. Privacy Policy.
  2. The Publisher is responsible for posting in a visible place on all his/her websites involved in the Programs, a privacy policy containing all the information related to the collection, processing and the use of consumer data.
  3. Customer Information; Non-Disclosure. Confidentiality.
  4. All data provided to the Publisher by a customer, connected with the Program, is the property of LEADAMORE, its affiliates, and/or the Advertisers. These data are confidential and shall not be disclosed by the Publisher. The Publisher agrees not to reproduce, spread, sell, distribute or otherwise commercially exploit any such data, and is responsible for ensuing their security and confidentiality at all times.
  5. Limitation of Liability; Disclaimer of Warranty.
  6. Unless agreed otherwise, neither LEADAMORE nor any Publisher shall be liable for any direct or indirect loss of profits or any incidental, consequential, exemplary, punitive damage, resulting from the breach of Agreement, infringements of rights, including negligence.
  7. Since the Internet is a generally available and accessible tool, LEADAMORE is unable to guarantee no interruptions in service as regards the links or the services provided. The links, the Clients’ websites, and all materials provided to the Publisher are provided “as is”, with no warranty, explicit or implied, and LEADAMORE makes no warranties, and disclaims all warranties, explicit, implied, or statutory, including warranties of title, noninfringement, and: (a) merchantability, clientability or fitness for a particular purpose; (b) that there are no viruses or other harmful components; (c) that the security measures implemented by a Party will be effective in all circumstances; (d) concerning accuracy or reliability of any information contained therein, or (e) against interference of a Party’s “information”. The potential risk related to the expected quality, and accuracy of “information”, and performance of “computer programs” provided shall be assumed by the user.
  8. LEADAMORE makes no representations and warranties, and disclaims any responsibility and liability concerning the content of any Specified Advertising Materials or Program provided on the Website, or any related product or service advertised. LEADAMORE shall not be liable to the Publisher for materials which have not been approved. LEADAMORE makes no representations about any other website which the Publisher may access by means of the service. If the Publisher enters a website not associated with LEADAMORE, the Publisher accepts that the content of that particular website is not under control of LEADAMORE, and that LEADAMORE does not endorse or accept any responsibility for the content or the use of this website. The Publisher is responsible for ensuring that websites, downloads and attachments do not contain any Trojan horses, bugs, viruses, and other destructive elements.
  9. Indemnity.
    1. Indemnity.
    2. The Publisher agrees to defend, indemnify, and hold harmless LEADAMORE the Advertisers, and their affiliates, directors, employees, agents, from and against all losses, liability, claims, damages, costs and expenses (including reasonable legal and accounting fees) (collectively “Claims”) resulting from any breach of any of these Terms and Conditions or any Program Terms. LEADAMORE has the right, at its own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by the indemnifying party.
    3. Notification of Legal Action.
    4. The Publisher is obliged to quickly inform LEADAMORE of any current, impending, or potential legal action against him/her taken by a third party and regarding e-mail, e-mail complaints, e-mail deployment, and breaches of CAN-SPAM.
  10. Force Majeure.
  11. Neither Party to the Agreement shall be considered in default to these Terms and Conditions when performance of the relevant obligations or efforts to mitigate consequences of any breach are prevented by any natural disasters, interruptions in provision of electricity, strikes, government restrictions, damages to the server, and any other circumstances beyond the Parties’ control, on condition that the Party whose performance is impeded by such circumstances notifies the other Party about it within 3 business days from the occurrence of these circumstances.
  12. General
    1. Entire Agreement.
    2. These Terms and Conditions, together with the terms for each of the Programs, form the entire Agreement between the Parties, surpassing all prior agreements between the Parties.
    3. Controlling Law.
    4. These Terms and Conditions, as well as the terms of the individual Programs shall be governed by the laws of Cyprus. Each Party, irrevocably and unconditionally, in accordance with the applicable laws: (a) is subjected to the general jurisdiction of the courts located in Cyprus, Nicosia (b) agrees that any action or legal proceedings regarding this Agreement will be held only in such courts; and (c) waives any objection that it may have to place of any such action or legal proceedings in any such court.
    5. Waiver.
    6. No waiver by either party of any breach of any provision of the Agreement shall be considered a waiver of any subsequent or prior breach of the same or any other provision.
    7. Assignment
    8. The Publisher must not assign any of his/her rights resulting from this Agreement, without obtaining a written consent of LEADAMORE beforehand which, nevertheless, might be withheld for any reason.
    9. Severability.
    10. If any provision of these Terms and Conditions is rendered invalid or unenforceable due to any judicial decision, this provision shall apply only to the maximum extent allowed by law, and other provisions of these Terms and Conditions shall remain valid and enforceable.
    11. Relationship
    12. The Parties agree that LEADAMORE adopts the role of an independent contractor in providing the Services, and that the relationship between LEADAMORE and the Publisher shall not be a partnership, joint venture or agency. Neither LEADAMORE nor any of its employees or agents (collectively referred to as the “Employees”): (a) is an employee, agent or legal representative of the Publisher, or (b) shall be allowed to represent the Publisher or to sign any agreements or accept any liabilities on the Publisher’s behalf.
    13. No Publicity.
    14. The Publisher must not make any reference to LEADAMORE or its clients in any materials advertising your company and services, including mentioning LEADAMORE or any of its clients in your customer lists, without first obtaining the written consent of LEADAMORE, which might, nevertheless, be withheld for any reason or without providing a reason.
    15. Notice.
    16. Any notice, message or statement pertaining to this Agreement shall be made in writing and shall be considered effective: (a) upon delivery, if delivered in person; (b) upon transmission, if delivered by facsimile or e-mail; or (c) when delivered by registered or certified mail, postage prepaid, return receipt requested or by a courier service to the address of the other Party as indicated in the Agreement. If there are any modifications introduced to this Agreement, a notice shall be considered effective upon posting it at https://www.LeadAMore.net. Notices to LEADAMORE shall be sent to the following postal address: Chytron, 3, Flat/Office 301 1075, Nicosia, Cyprus.

Affiliate Agreement

For providing lead generation services
This Agreement comes into effect as of 01.03.2019.

This Agreement for providing lead generation services (hereinafter referred to as the “Agreement”) is the public offer of LEADAMORE, the company incorporated in Cyprus under registered No. HE383320 having its registered address at Chytron, 3, Flat/Office 301 1075, Nicosia (hereinafter referred to as “Advertiser”), addressed to legal entities and individuals (hereinafter referred to as the “Publisher”).
The Advertiser and the Publisher shall be collectively referred to as the “Parties” and separately as the “Party”.

The Agreement is concluded when one of the following actions (hereinafter referred to as the “Actions”) is performed:
– setting up a personal account on the Advertiser’s website;
– ticking in the field “I agree” on the website containing the Agreement;
– ticking a box to confirm the Publisher’s consent to accept the Agreement.
Performing one of the abovementioned Actions shall entail full acceptance of the terms and conditions stipulated in the Agreement.

The Agreement is published on the website https://affiliate.LeadAMore.com

Mutual Indemnification. Each Party agrees to indemnify and save harmless the other Party (Indemnified Party) from and against any and all losses, liabilities, expenses (including, without limitation, reasonable fees and disbursements of counsel), claims, demands, judgements, damages and losses, or other obligations (collectively “Claims”) incurred by Indemnified Party arising from the Indemnifying Party’s (and/or his/her representatives) failure to comply with Data Protection Laws. The Advertiser’s total liability to the Publisher shall not exceed EUR 1,000.

  1. DEFINITIONS
    • Internet – the worldwide system of connected computer networks.
    • User – a natural person or a legal entity using the Internet for viewing, sending and transmitting information, as well as for buying and selling products and services.
    • Website – a set of information pages on the Internet with a specific and unique URL address, intended for publication of information on the Internet.
    • Web Page – a separate part of a website being an individual document on the Internet created on the basis of HTML language, with a unique URL address, and containing various information such as text, graphics, audio and video.
    • Advertising and Informational Material (AIM) – the hypertext link to the Advertiser’s website provided to the Publisher by the Advertiser, as well as the landing and pre-landing pages, banners and any other materials created by the Publisher and placed on the Internet web pages selected by the Publisher for providing services in accordance with the Agreement. Types of AIMs placed in order to meet the conditions of the Agreement shall be selected by the Publisher.
    • Lead – an action performed by the Internet user, specified in advance by the Advertiser on the Advertiser’s website on which the Advertiser inserts a post-back URL. The details and conditions of lead placement and lead performance shall be specified by the Parties in the Insertion Order to this Agreement.
    • Statistical Data – a report on the Advertiser’s lead performance on Internet websites, containing information concerning the amount of services provided.
    • System of Internet Advertising and Audit Management of the Advertiser (hereinafter referred to as the “System”) – a program used by the Advertiser for collecting statistics on the services provided by the Publisher.
    • Integration methods – techniques of transferring information from the Publisher to the Advertiser and the other way round.
  • The following integration methods may be used:
    • API integration – an interface between the Publisher’s and the Advertiser’s systems used for exchanging information.
    • postback URL – a special link created to allow the System to register leads. Extra parameters of this URL allow it to identify the lead source and other features of the order.
    • CPA – Cost Per Action, a pricing model of Internet ads in which the Advertiser pays for each specified action linked to the advertisement.
    • LEADAMORE – global CPA network. The Publisher and the Advertiser communicate with each other through the Publisher’s Personal Account, which can be accessed at the following link: https://www.LeadAMore.net. Every single Publisher has their own Personal Account containing sensitive information. Access data to the account, i.e. Login and Password are requested from a personal manager from the Advertiser’s side.
    • Insertion Order – a document in which the Advertiser requests advertising of his/her product at a price generated by LEADAMORE. Insertion Order also specifies conditions of lead placement and lead performance.
    • Hold time – a period of time which passes from the moment of Lead termination by a user, which is up to 30 days, and which the Advertiser has in order to inform the Publisher about the Lead status. After this period, all the Leads not rejected by the Advertiser in the System shall be deemed approved and shall be paid for if the Advertiser provided no reasons for their non-processing.
    • Lead status – the Lead situation in a given moment. Lead status shall be submitted by the Advertiser to the Publisher through the integration method. Types of Lead status are as follows:
  • 1) Sales – leads which have been confirmed;
  • 2) Hold – leads which are pending;
  • 3) Reject – leads, which have been cancelled by the user;
  • 4) Trash – leads which have been incorrectly generated.
    • Parameters of lead performance – conditions and algorithms determining users’ actions as leads on the Advertiser’s website.
    • Data Protection Laws – applicable laws and regulations concerning data protection or privacy, including but not limited to the EU General Data Protection Regulation (“GDPR”); and/or other laws or regulations of a similar character, applicable to the Publisher as regards the transmission and processing of Personal Data in accordance with the Agreement.
    • Personal Data – any information related to an identified or identifiable natural person (“data subject”).
    • Controller, Personal Data, Processor, Processes/Processing – each of these has the meaning given in the applicable Data Protection Laws.
    • Publisher’s Privacy Policy – the privacy policy provided on the Publisher’s websites, landing and pre-landing pages.
    • Any other definitions which have not been included in this section shall be subject to interpretation in accordance with the commercial practice and the relevant applicable laws.
  1. THE SUBJECT OF THE AGREEMENT
  2. On the basis of the Insertion Order provided by the Advertiser, the Publisher shall provide the Advertiser with a service that is timely, and on conditions stipulated by the Agreement, i.e.:
    • Position the Advertiser’s AIM on the Internet websites.
    • Record lead performance based on the agreed conditions.
    • Specific aspects of Lead Performance, amount and period of providing services, as well as all other relevant conditions shall be agreed by the Parties in accordance with the specifications provided in the Insertion Order and/or Publisher’s Personal Account.
    • All circumstances not included in this Agreement shall be agreed in writing (e-mail) between the Publisher and his/her affiliate manager from the Advertiser’s side, and they shall be deemed valid.
    • The Publisher agrees that any other inventory system of provided services including lead performances shall not be considered as an official source of information for the inventory. The Parties agree to use the System in order to make a record of the services provided, as stipulated by the Agreement, including lead performance and statistics, with a view to estimating the number of services provided and assessing their cost.
  1. PARTIES’ RIGHTS AND OBLIGATIONS
    • The Publisher shall:
      • guarantee the placement of the Advertiser’s AIM on the Internet in quantity specified by the Publisher in accordance with the Insertion Order;
      • make sure that the AIMs generated by the Publisher are free from any of the following:
      • personal information pertaining to any practicing physician or other medical professional;
      • references to any public institutions;
      • personal information pertaining to celebrities in any field;
      • incentive traffic;
      • footers that lead to LEADAMORE website;
      • statements containing information about incorrect packages and prices;
      • announcements of free trials, giveaways, lotteries etc;
      • Please note: All the websites which feature the Advertiser’s AIM shall be examined by the Publisher in advance, in order to check content decency and legitimacy. If any such content is placed on the abovementioned websites, the Publisher shall stop using these websites as promotion tools.
        • guarantee the placement of the Advertiser’s AIM on the Internet in quantity specified by the Publisher in accordance with the Insertion Order;
        • make sure that the AIMs generated by the Publisher are free from any of the following:
        • quickly inform the Advertiser of all actions causing unsuccessful integration;
        • adhere to the requirements stipulated in Section 8 of this Agreement;
        • at least 24 hours before placing the advertising materials, send them to the Advertiser for approval. If there is no approval of them from the authorized representative of the Advertiser, the abovementioned materials should not be published or otherwise used. The Advertiser’s approval of the advertising materials does not make the Advertiser responsible for any damage that may be caused to third parties by these materials. The Advertiser shall not be accountable for the compliance of the abovementioned advertising materials with the legal regulations in the country in which they are published. The Publisher accepts full responsibility for these materials and any damages caused to third parties by their publishing.
    • The Advertiser is obliged to:
      • assign a representative and authorize them to settle issues related to the provision of services;
      • pay for the Publisher’s services, in full and within the stipulated deadlines, as specified in the Agreement;
      • provide the Publisher with all data necessary to fulfill the conditions of the Agreement, in accordance with the applicable laws;
      • quickly notify the Publisher of any modifications introduced into the previously provided data;
      • inform the Publisher of days off work, holidays, weekends, 7 days in advance;
      • process leads within 10 days and quickly inform the Publisher of the increase in the number of trash leads (more than 20% of the total number of leads);
      • ensure access to the statistics of the Advertiser’s lead performance through the Personal Account of the Publisher;
      • provide access to all payout rates in LEADAMORE and/or Personal Account of the Publisher.
    • The Advertiser has the right to:
      • send Insertion Orders to the Publisher for providing services in the duration period of the Agreement. There might be some modifications introduced into the Insertion Orders, on condition of Parties’ mutual agreement. Any such modifications or alterations shall be provided to the Publisher within 5 business days, counted from the date of their introduction;
      • terminate the Agreement if the advertising campaign fails to yield positive results. If the Advertiser decides to terminate the Agreement, he/she shall submit a written notice to the Publisher 5 days in advance;
      • refuse to accept services provided by the Publisher if they violate the terms and conditions of this Agreement and of the Insertion Order.
  1. THE COST OF SERVICE AND SETTLEMENT
    • The payouts for services provided by the Publisher shall be determined by lead performance parameters, as well as by the conditions selected by the Advertiser. The total cost shall be specified in the invoice.
    • The Advertiser shall make a payment to the Publisher for the services provided, in accordance with the number of Leads provided by the Publisher. The price for each lead is specified by LEADAMORE.
    • Payouts for the services provided by the Publisher shall be made in 30 days after receiving the invoice from the Publisher.
    • The services provided by the Publisher shall be paid for by non-cash transfer of funds to the Publisher’s account. The moment of payment is considered the date of debiting funds from the Advertiser’s account.
    • Every month, before the 15th day of each month, the Advertiser shall submit to the Publisher the Report on traffic quality.
  1. PARTIES’ LIABILITY
    • The Parties are responsible for fulfilling the obligations pertaining to them in accordance with the Agreement and the applicable laws. The Parties agree and accept that in case of breach of obligations resulting in losses, only the actual losses shall be subject to reimbursement.
    • If the Publisher breaches the terms stipulated in the subsections 3.1.2. – 3.1.7., the Advertiser has the right to ban Publisher’s Personal account and to terminate this Agreement. In such a situation the Publisher is responsible for reimbursing all the damages incurred by the Advertiser resulting from the breach, including the claims made by any third parties or state authorities.
    • The Publisher agrees and accepts that in the situation of any malfunctioning of integration between platforms, as a result of the Publisher’s actions, the Publisher shall be responsible for ensuring the quality of the services provided.
    • The Publisher shall not be held accountable for compliance of published information with the applicable laws, if the information was provided by the Advertiser and not modified by the Publisher. The Publishers guarantees that no illegal activity is being performed or promoted.
    • The Advertiser’s liability is limited by the sums of service costs for the Reporting period for which the Advertiser’s breach of the Agreement was declared and entailed losses to the Publisher. Only the actual damage shall be subject to reimbursement.
  1. FORCE MAJEURE
    • Force majeure circumstances are ones that may prevent or hinder the Parties’ fulfillment of their respective obligations resulting from the Agreement. Such circumstances include: natural disasters, interruptions in provision of electricity, strikes, government restrictions, damage to the server, and any other circumstances beyond the Parties’ control. In such circumstances, the fulfillment of the obligations stipulated by the Agreement shall be postponed until the situation has been resolved.
    • If the said circumstances last more than 2 months, each party has the right to cancel their respective obligations. In such a situation the Agreement is considered terminated, and no Party shall claim reimbursement from the other Party.
    • The Party unable to fulfill his/her obligations, as stipulated in the Agreement, due to the force majeure circumstances, shall notify the other Party about their occurrence and termination. In the case of failure to inform about those circumstances, the Party shall lose the right to refer to the said circumstances in the case of breach of the obligations.
  1. CONFIDENTIALITY
    • All information concerning the Party’s business, solutions and technology, received by the other Party within the period of the Agreement shall be kept confidential at all times and shall not be disclosed to third parties without a prior written consent of the other Party.
    • Each Party agrees not to disclose (i.e. provide to any third party, unless the third party has been authorized by law) the other Party’s confidential information to which it received access by signing the Agreement, and when fulfilling the obligations stipulated in the Agreement. This provision shall remain binding within the period of the present Agreement and for one year after its termination, unless agreed otherwise.
  1. PRIVACY AND DATA PROTECTION
    • The Parties declare that they comply, and will continue to do so, with their respective obligations concerning protection of Personal Data, in accordance with the applicable Data Protection Laws.
    • The Publisher (or his/her partners) guarantees the provision of relevant notices to and obtaining valid consents from Data Subjects, in order for the Publisher to be able to Process their Personal Data in accordance with the Agreement, including for the purpose of direct marketing activities and transferring the Personal Data outside the EEA. The Publisher shall inform the Advertiser in writing, 24 hours since receiving the Data Subject’s objection to or withdrawal of their consent to process their Personal Data, including for the purpose of direct marketing activities and transferring the Personal Data outside the EEA.
    • The Publisher shall place the Publisher’s Privacy Policy and make sure that it features information on the processing of personal data by the Publisher and adheres to the norms and standards stipulated by Data Protection Laws on all the platforms and websites owned or administered by the Publisher and which are used for the provision of services in accordance with the Agreement. The Publisher shall provide the Advertiser with Privacy Policy within 7 days counted from the day of signing this Agreement. It is strictly prohibited to use platforms or websites, not compliant with the terms of this article.
    • Each Party shall provide a limited access to Personal Data to employees who might require such access only when it is indispensable to be able to fulfil a given Party’s obligations resulting from the Agreement.
    • Each party is obliged to provide correct and proper administrative, physical, organizational and technical security measures in order to ensure the highest level of security.
    • Each Party is obliged to provide the other Party with all the help and assistance needed for effective communications with Data Subjects regarding rights under Data Protection Laws.
    • Each Party is obliged to provide the other Party with all the help and assistance needed to effectively comply with the Data Protection Laws.
    • The Parties agree and accept that in a situation when a Party processes Personal Data and specifies the purposes and methods of this Processing, this particular Party shall be deemed a data controller. If the Publisher processes any Personal Data on behalf of the Advertiser, the Publisher shall be deemed a Processor.
    • The Processor shall only be allowed to process Personal Data for the following purposes:
      • providing services in accordance with this Agreement;
      • detecting fraud;
      • reporting purposes and producing reports to be sent to the Advertiser;
      • evaluating performance of campaigns distributed through Publisher’s network and for billing purposes.
    • Being a Processor the Publisher shall:
      • process the Personal Data only in a way that is needed in order to fulfil the purposes of the Agreement and in accordance with the documented instructions of the Advertiser (Controller);
      • not process the Personal Data in any place outside the European Economic Area, other than according to the terms specified in Section 8 of this Agreement. If the applicable laws require the Publisher to send the Personal Data outside the European Economic Area, the Publisher is obliged to obtain a proper documentation as required under Data Protection Laws;
      • guarantee that all persons authorized by the Publisher to process the Personal Data will keep these data confidential;
      • have, during the term of the Agreement, the correct and proper technical and organizational means necessary in order to ensure a high level of security of Personal Data, and prevent them from being accidentally or unlawfully destroyed, lost, altered, disclosed or accessed. Such technical and organizational means may include, but not be limited to, the following: ‒ limited access to data centres, systems and server rooms; ‒ monitoring of unauthorized access; ‒ implementing written procedures for employees and contractors as regards information protection and confidentiality; ‒ limited access to systems; ‒ using password protection; ‒ keeping records of the access to particular individuals; ‒ guaranteeing quick implementation of updates, bug-fixes and security patches for all the systems used; ‒ providing encryption, pseudonymization in order to ensure data security, in accordance with the relevant Data Protection Laws.
      • if the Publisher engages another Processor, this Processor shall be required, in a written agreement, to fulfil similar obligations to those specified in this Agreement. Terms stipulated in Section 8 of this Agreement shall be observed by any Processor. The Publisher is responsible to the Advertiser for the fulfilment of the Processor’s obligations, in accordance with this Agreement;
      • on the termination or expiry of this Agreement, the Publisher shall stop processing the Personal Data and erase or return all Personal Data to the Advertiser, and erase all copies of Personal Data, unless required to keep them by relevant applicable laws;
      • the Publisher shall not retain Personal Data for period longer than necessary to meet the purposes of this Agreement, or use them for purposes other than allowed by this Agreement;
      • on the Advertiser’s request, the Publisher shall immediately correct the Personal Data and make sure at all times that they are accurate, complete and up-to-date. The Publisher shall also delete the Personal Data, after being informed by the Advertiser of a relevant Data Subject’s request. The Advertiser shall without delay inform the Publisher of such requests;
      • provide the Advertiser with all the information needed in order to show compliance with the obligations specified in this Section, and help in audits and inspections carried out by the Advertiser or their representative to check the Publisher’s compliance with his/her obligations resulting from the Agreement. The abovementioned audits and inspections will be performed upon notice and during working hours;
      • the Publisher shall immediately, within 48 hours since finding out, inform the Advertiser of any unauthorized or unlawful processing of any Personal Data and of their loss or destruction, as well as shall undertake actions in order to lower the impact of any such incident on the Data Subjects, as well as work together with the Advertiser in order to handle such incidents and mitigate their negative consequences;
      • the Publisher accepts that the Advertiser is obliged to keep records, as required by relevant Data Protection Laws, and agrees to assist the Advertiser in this task by providing the information needed by the Advertiser in order to fulfil these record keeping obligations.
  1. DISPUTE SETTLEMENT
    • In the case of any disputes concerning the execution of the Agreement, the Parties shall follow precourt dispute procedure.
    • This Agreement shall be governed by and interpreted in accordance with the laws of Cyprus. If a dispute that stems from this Agreement, including the ones related to the presence, scope, validity or termination of this Agreement or this Clause, is not settled within 1 month by way of negotiations between the Parties, it shall be settled through one of the following procedures:
      • The dispute is resolved by the Arbitration Institute of the Stockholm Chamber of Commerce (the “SCC”). If the amount in dispute does not exceed EUR 100,000, the rules for Expedited Arbitrations shall apply. However, if the amount in dispute exceeds EUR 100,000, the Arbitration Rules shall apply. If the amount in dispute is between EUR 100,000 and EUR 1,000,000, there shall be a sole arbitrator, but if it exceeds EUR 1,000,000, there shall be three arbitrators. The Parties agree and accept that the losing Party shall incur all costs of the arbitration which includes the costs and expenses of the other Party. The arbitration proceedings shall be conducted in English.
      • The dispute is resolved by the national court of the defendant, in accordance with the applicable laws of the state where defendant is situated, in accordance with the applicable laws of the state where the services are provided.
  1. TERMINATION AND AMENDMENT OF THE AGREEMENT
    • The Agreement comes into effect from the moment it is signed by the Parties. The Agreement may be terminated in the following circumstances:
      • the Publisher submits a written notice to the Advertiser at least 90 days before the Agreement termination date, if the specified term has expired, the Agreement shall be considered terminated;
      • the Advertiser submits a written notice to the Publisher at least 30 days before the Agreement termination date, if the specified term has expired, the Agreement shall be considered terminated.
    • The Advertiser is entitled to amend the Agreement by placing it on the website Affiliate Agreement at least 15 days before the effective date of the Agreement. The new amended version of the Agreement shall come into force after 15 days counted from the date in which the new amended version of the Agreement was placed on the Affiliate Agreement. The Publisher shall regularly check and monitor all amendments and alterations introduced into the Agreement.
    • The Advertiser has the right to terminate the Agreement with the Publisher, if the Publisher breaches the terms and conditions of the Agreement. Termination of the Agreement is performed by providing the Publisher with a written notification on the termination of the Agreement.
    • The expiry or termination of the Agreement shall not affect any rights or obligations of either Party arisen from the Agreement, nor does it affect validity of any provision that is intended to come into effect upon termination or thereafter.

Terms and Conditions – Advertisers

These Terms and Conditions (hereinafter referred to as “Terms”) specify and govern legal relations between the Parties. These Terms, together with Non-Disclosure Agreement and Insertion Order comprise the Agreement (hereinafter referred to as the “Agreement”) between the Parties (hereinafter referred to jointly as the “Parties”, and separately as the “Performer” and the “Customer”).

DEFINITIONS

    1. Insertion Order – a document in which the Parties specify the conditions and costs of lead placement, in accordance with the Terms and Conditions.
    2. Non-Disclosure Agreement – a document which describes confidential material of information that the Parties wish to share with one another, but wish to restrict access to or by third parties.
    3. Internet – the worldwide system of connected computer networks.
    4. User – a natural person or a legal entity using the Internet for viewing, sending and transmitting information, as well as for buying and selling products and services.
    5. Website – a set of information pages on the Internet with a specific and unique URL address, intended for publication of information on the Internet.
    6. Web Page – a separate part of a website being an individual document on the Internet created on the basis of HTML language, with a unique URL address, and containing various information such as text, graphics, audio and video.
    7. Advertising and Informational Module (AIM) – an information unit which can take the form of a static one, as well as animated, graphic, textual, variously-shaped, positioned on the web pages selected by the Performer and featuring a transfer code (hypertext link) to the Customer’s website. Types of AIMs placed in order to meet the conditions of the Agreement shall be selected by the Performer.
    8. Prototype of an Advertising and Informational Module – a Customer’s AIM, prepared and ready to be placed on the Internet.
    9. Lead – an action performed by the Internet user, specified in advance by the Customer on the Customer’s website on which the Performer inserts a post-back URL. The details and conditions of lead placement and lead performance shall be specified by the Parties in the Insertion Order to this Agreement.
    10. Statistical Data – a report on the Customer’s lead performance on Internet websites, containing information concerning the volume of services provided.
    11. System of Internet Advertising and Audit Management of the Performer (hereinafter referred to as the “System”) – a program used by the Performer for collecting statistics on the services provided by the Performer.
    12. Integration methods – techniques of transferring information from the Performer to the Customer and the other way round.
    13. The following integration methods may be used:
    14. 1) API integration – an interface between the Performer’s and the Customer’s systems used for exchanging information;
    15. 2) postback URL – a special link created to allow the system to register leads. Extra parameters of this URL allow it to identify the lead source and other features of the order.
    16. CPA – Cost Per Action, a pricing model of Internet ads in which the Customer pays for each specified action linked to the advertisement.
    17. LEADAMORE – global CPA network. The Performer and the Customer communicate with each other through the Customer’s Personal Account, which features Customer’s confidential information. It can be accessed at the following link: https://www.LeadAMore.net. Every single Customer has their own Personal Account. Access data to the account, i.e. Login and Password are requested from a personal manager from the Performer’s side.
    18. Offer – the Customer’s request for advertising his/her particular product, at a price generated by LEADAMORE and in a specific geographic area.
    19. Hold time – a period of time which passes from the moment of Lead termination by a user, which is 10 days, and which the Customer has in order to inform the Performer about the Lead status. After this period, all the Leads not rejected by the Customer in the Statistic System of the Performer shall be deemed approved and shall be paid for if the Customer provided no reasons for their non-processing.
    20. Lead status – the Lead situation in a given moment. Lead status shall be submitted by the Customer to the Performer through the integration method. Types of Lead status are as follows:
    21. 1) Sales – leads which have been confirmed;
    22. 2) Hold – leads which are pending;
    23. 3) Reject – leads, which have been cancelled by the user;
    24. 4) Trash – leads which have been incorrectly generated.
    25. Life duration Post Click Cookie – a period of 45 days binding the Customer to the Performer’s traffic.
    26. Parameters of Lead Performance – conditions and algorithms determining users’ actions as leads on the Customer’s website.
    27. Any other definitions which have not been included in this section of Terms shall be subject to interpretation in accordance with the commercial practice and the applicable laws.
  1. THE SUBJECT OF THE AGREEMENT
    1. The Performer shall provide the Customer with a service that is timely, and on conditions stipulated by the Agreement, i.e.:
      1. Position the Customer’s AIM on the Internet websites.
      2. Record lead performance and provide the Customer with relevant reports.
    2. Specific aspects of Lead Performance, amount and period of providing services, as well as all other relevant conditions shall be agreed by the Parties in accordance with the specifications provided in the Offer and Insertion Order.
    3. All circumstances not included in this Agreement shall be agreed in writing (e-mail) between the Customer and his/her personal manager from the Performer’s side, and they shall be deemed valid.
    4. The Parties agree to use the System of Internet Advertising and Audit Management of the Performer in order to make a record of the services provided, as stipulated by the Agreement, including lead performance and statistics, with a view to estimating the number of services provided and assessing their cost.
  2. PARTIES’ RIGHTS AND OBLIGATIONS
    1. The Parties agree that the Performer is obliged to:
    2. Please note: All the websites which feature the Customer’s AIM shall be examined by the Customer prior to placing his/her AIM, in order to check content decency and legitimacy. Also, the Customer accepts that since the Performer is not an Administrator (Owner) of the websites featuring the Customer’s AIM, the Performer is unable to constantly monitor the content of the placed information, and is therefore not responsible for the owners’ compliance, or its lack, with restrictions regarding the placement of certain information on the website.
      1. guarantee the placement of the Customer’s AIM on the Internet in quantityspecified by the Performer in accordance with the Customer’s Offer;
      2. provide the record of the Customer’s lead performance through the Customer’s Personal Account;
      3. inform the Customer of any modifications regarding payouts. The Customer shall be notified by e-mail an hour before such come into force.
    3. The Performer has the right to:
    4. If the Performer decides to terminate the Agreement, the Performer shall send a written notice to the Customer 3 days in advance.
      1. refuse to place the Customer’s AIM if it violates the applicable laws and contains signs of improper advertising, as well as does not adhere to the generally accepted moral and ethical standards. The Performer’s refusal shall be sent to the Customer by e-mail;
      2. cooperate with third parties for providing services, including distributors of advertising, but at the same time taking responsibility for their activities, including their failure to perform or improper performance of their relevant obligations. In the case of cooperation between the Performer and the third party in order to provide services to the Customer, the Customer (without a prior written consent granted by the Performer) shall not collaborate with the mentioned third party, for the period of 2 years, on the pain of financial penalty that the Customer shall pay to the Performer amounting to the cost of similar services provided in a similar period of time;
      3. refuse to accept further Offers of the Customer if the Customer defaults on payment for services, until the payment for the previous periods is made;
      4. terminate the Agreement without legal proceedings if the Customer significantly breached the conditions stipulated in the Agreement. Significant breach of the conditions of the Agreement shall mean the following:
        1. delay of payment for service for more than 10 business days counted from the day established by the System of Internet Advertising and Audit Management of the Performer;
        2. lack of proper integration with the technology platform of the Customer within the duration period of this Agreement.
      5. terminate the Agreement if the advertising campaign fails to yield positive results;
      6. In the situation of incapacity of the integration for 24 hours, the Performer has the right to suspend services until causes of incapacity are clarified.
    5. The Customer is obliged to:
      1. assign a representative and authorize them to settle issues related to the provision of services;
      2. pay for the Performer’s services, in full and within the stipulated deadlines, as specified in the Agreement;
      3. provide the Performer with all data necessary to fulfill the conditions of the Agreement, in accordance with the applicable laws;
      4. quickly notify the Performer of any modifications introduced into the previously provided data;
      5. ensure safety of system integration between platforms during the period of the Agreement and not undertake any activities which could potentially cause their malfunction and/or incorrect operation;
      6. immediately inform the Performer of any action causing malfunction of the integration method;
      7. inform the Performer of days off work, holidays, weekends, 7 days in advance;
      8. process leads within 10 days and quickly inform the Performer of the increase in the number of trash leads (more than 20% of the total number of leads).
    6. Please note: The Customer accepts that in the situation of any failure in the integration between platforms, the Performer is not responsible for the quality of the services provided, nor shall he be held responsible for failure to fulfill obligations if the Customer has technical problems.
    7. The Customer has the right to:
      1. send Offers to the Performer for providing services in the duration period of the Agreement. There might be some modifications introduced into the Offers, on condition of Parties’ mutual agreement. Any such modifications or alterations shall be provided to the Performer within 5 business days, counted from the date of their introduction;
      2. obtain data concerning the statistics in the Personal Account;
  3. THE COST OF SERVICE AND SETTLEMENT
    1. The payouts for services provided by the Performer shall be determined by lead performance parameters, as well as by the conditions selected by the Customer in the Personal Account. The total cost shall be specified in the invoice.
    2. The Customer shall make a payment to the Performer for the services provided, in accordance with the Insertion Order.
    3. The Customer shall receive the refund of the amount remaining on the Customer’s balance after providing the services.
    4. The services provided by the Performer shall be paid for by non-cash transfer of funds to the Performer’s account. The moment of payment is considered the date of receiving funds to the Performer’s account.
    5. Every month, before the 15th day of each month, the Customer shall send to the Performer the Report on traffic quality. Should this condition be not met by the Customer, all the leads provided shall be considered payable.
  4. PARTIES’ LIABILITY
    1. The Parties are responsible for fulfilling the obligations pertaining to them in accordance with the Agreement and the applicable laws. The Parties agree and accept that in case of breach of obligations resulting in losses, only the actual losses shall be subject to reimbursement.
    2. When computers and other equipment, as well as communication channels being the property of third parties are used, the Parties agree that the Performer shall not be held responsible for any delays, damage or losses resultant from malfunctioning of any electronic equipment and/or computer programs, nor shall he be liable for any actions or inactions of third parties or problems with data transmission, through no fault of the Performer.
    3. The Performer shall not be held accountable for compliance of published information with the applicable laws. The Performer shall nor be held responsible for the content provided by the Customer.
    4. In the situation when the Customer refuses material placement for less than 3 business days before the campaign, the Customer shall incur financial penalty amounting to 30% of prepayment.
    5. As regards infliction of losses to the Customer, the Parties agree that only actual damage shall be subject to reimbursement. The Customer accepts that the Performer is unable to guarantee lead performance as required by the Customer since it is directly determined by the actions of the Internet users. The Performer provides forecast of lead performance based on the statistical information obtained. The Customer acknowledges the presumptive nature of such forecast and accepts that the Performer shall not be held liable for its non-fulfillment.
    6. If the Customer breaches the payment deadlines for more than 5 business days, he/she shall incur a financial penalty amounting to 1% of the sum of non-paid services for each day of delay, but not more than 10% of the mentioned sum.
    7. If the Customer breaches conditions stipulated in subsections 3.3.5, 3.3.6 of the clause 3.3., he/she shall incur a financial penalty amounting to the sum calculated by dividing average daily cost of lead amount by 24 for each hour of unavailability or failure of integration on the side of the Customer. The Parties agree that when the breach of conditions stipulated in the abovementioned subsections is discovered, the period of time of integration’s malfunctioning shall be calculated from the moment of the last lead fixation in the System of Internet Advertising and Audit Management of the Performer.
    8. The obligation to incur a financial penalty arises only when a written complaint has been sent to a Party in fault by the other Party. The complaint is to be formulated in accordance with the conditions specified in the Agreement.
  5. ADVERTISING MATERIALS
    1. The Customer is obliged to provide the Performer with all the necessary advertising materials (hereinafter referred to as the “Advertising materials”) in order to ensure professional provision of services.
    2. Providing the Performer with the Advertising materials entails the Customer placing the relevant Advertising materials in the System of Internet Advertising and Audit Management of the Performer. The Advertising materials shall be posted in the specified form, number and quality.
    3. The Customer declares that he/she has the right to utilize the Advertising materials, in accordance with copyrights and licenses held, and declares that by the use of the Advertising materials no rights or obligations of third parties are breached. If the Performer prepares the Advertising on behalf of the Customer, the abovementioned obligation shall rest with the Performer.
    4. The Parties have the right to let third party affiliates to create their own Advertising materials. In such a situation, the responsibility for these Advertising materials belongs to their creators only. The Parties shall make the third party affiliates ensure that the Advertising materials created by them do not violate the law or good practice guidelines.
      1. The Parties declare that the Customer is the sole proprietor of the copyrights to Advertising materials, during the term of the Agreement, as well as after its termination. The Customer must not transfer the copyrights to the Advertising materials to the Performer.
    5. The Customer must provide the Performer with the Advertising materials whose content does not violate the law or good practice guidelines. The Performer shall be responsible for the Advertising materials, after their preparation, modification or amendment.
    6. If the Performer receives from the Customer the Advertising materials which violate point 5 of this section, or if a relevant authority or institution receives any objections regarding the provision of services due to the nature or origin of the Advertising materials, the Performer has the right to suspend provision of advertising services concerning this particular Offer. In such a case, the Customer shall not pursue any claims against the Performer.
  6. FORCE MAJEURE
    1. Force majeure circumstances are ones that may prevent or hinder the Parties’ fulfillment of their respective obligations resulting from the Agreement. Such circumstances include: natural disasters, interruptions in provision of electricity, strikes, government restrictions, damage to the server, and any other circumstances beyond the Parties’ control. In such circumstances, the fulfillment of the obligations stipulated by the Agreement shall be postponed until the situation has been resolved.
    2. If the said circumstances last more than 2 months, each party has the right to cancel their respective obligations. In such a situation the Agreement is considered terminated, and no Party shall claim reimbursement from the other Party.
    3. The Party unable to fulfill his/her obligations, as stipulated in the Agreement, due to the force majeure circumstances, shall notify the other Party about their occurrence and termination. In the case of failure to inform about those circumstances, the Party shall lose the right to refer to the said circumstances in the case of breach of the obligations.
  7. CONFIDENTIALITY
    1. All information concerning the Party’s business, solutions and technology, received by the other Party within the period of the Agreement shall be kept confidential at all times and shall not be disclosed to third parties without a prior written consent of the other Party.
    2. Each Party agrees not to disclose (i.e. provide to any third party, unless the third party has been authorized by law) the other Party’s confidential information to which it received access by signing the Agreement, and when fulfilling the obligations stipulated in the Agreement. This provision shall remain binding within the period of the present Agreement and for one year after its termination, unless agreed otherwise.
  8. DISPUTE SETTLEMENT
    1. In the case of any disputes concerning the execution of the Agreement, the Parties shall follow precourt dispute procedure.
    2. This Agreement shall be governed by and interpreted in accordance with the laws of England. If a dispute that stems from this Agreement, including the one related to the presence, scope, validity or termination of this Agreement or this Clause, is not settled within 1 month by way of negotiations between the Parties, it shall be settled through one of the following procedures:
      • The dispute is resolved by arbitration under the Rules of London Court of International Arbitration (hereinafter – the “LCIA Rules”). There shall be 1 arbitrator, selected in accordance with the LCIA Rules. Arbitration shall be conducted in English. The Parties agree and accept that the losing Party shall incur all costs of the arbitration which includes the costs and expenses of the other Party.
      • The dispute is resolved by the Arbitration Institute of the Stockholm Chamber of Commerce (the “SCC”). If the amount in dispute does not exceed EUR 100,000, the rules for Expedited Arbitrations shall apply. However, if the amount in dispute exceeds EUR 100,000, the Arbitration Rules shall apply. If the amount in dispute is between EUR 100,000 and EUR 1,000,000, there shall be a sole arbitrator, but if it exceeds EUR 1,000,000, there shall be three arbitrators. The Parties agree and accept that the losing Party shall incur all costs of the arbitration which includes the costs and expenses of the other Party. The arbitration proceedings shall be conducted in English.
      • The dispute is resolved by the national court of the defendant, in accordance with the applicable laws of the state where defendant is situated, according to the applicable laws of the state where the services are provided.
  1. AGREEMENT DURATION
    1. Being an integral part of the Agreement, the Terms and Conditions shall come into effect the moment an Insertion Order is signed, in the version published on the Performer’s website. The Agreement shall remain valid for the period of the Advertising Campaign, and terms and conditions regarding payments shall be valid until the final settlement by the Partiers.
    2. The Performer is entitled to amending or modifying periodically the published version of the Terms and Conditions. In such a case, all amendments and modifications introduced shall not be applicable to Insertion Orders already signed by the Parties. The Parties have the right to amend the Agreement regarding the already signed Insertion Order only on the basis of a mutual consent. Such amendments shall come into effect after being formulated in writing and signed by both Parties.
    3. The Parties agree that during the term of the Agreement, official correspondence is considered one written and signed by an authorized person or persons. Electronic documents submitted via e-mail shall be considered informative documents only. The Parties may exchange documents by electronic means and by facsimile, provided that it is possible to reliably identify the sender.
    4. The Parties shall immediately (and within a period of time not longer than 5 days) notify one another of any changes of their location (posting addresses), bank details, telephone numbers, e-mail addresses and authorized representatives.
    5. The Parties have the right to terminate the Agreement. However, a relevant notice written by one Party needs to be sent to another 2 days in advance. If the Agreement is terminated, the Parties agree to settle accounts for all their financial obligations and payments on the basis of the volume of the Services provided.

Protection of personal data

Rest assured that your personal data are protected at all times. Protection of your personal data is guaranteed during their entering, transmitting and processing.

Personal data disclosure to third parties

We shall disclose your personal data to third parties only in the following cases: to guarantee compliance with the legal requirements; to protect our rights or property, to ensure personal safety of our employees or consumers and services they provide, and for public safety. The personal data you provide during your registration may be disclosed to third parties which are our partners, in order to improve the quality of the services provided. These data, however, will not be used for purposes other than the abovementioned ones. Your e-mail address provided during registration may be used to send notifications of any potential changes to your order, as well as information about the upcoming events and about new products and services. You can decide to unsubscribe to these e-mail notifications at any time.

Cookies’

A ‘cookie’ is a small electronic file that collects information when someone visits a website.
A cookie can identify the pages that are being viewed, and this can help to select the pages that the viewer sees. Cookie files are not to collect any data about the user, but to identify their personal preferences. They also collect visit statistics, which helps to specify the information that is of particular interest to the user. This, in turn, allows the server to deliver a page tailored to a particular user.

Cookies’ do not store sensitive data nor do they contain enough information to identify the user.

Certain third parties, such as Google, display our ads on various websites which use ‘cookies’ to display ads on the basis of the user’s previous visits to our website. The users can disable ‘cookies’ visiting the website: http://www.google.com/privacy/ads/.

Changes to the Privacy Policy

We reserve the right to update or amend this Privacy Policy due to modifications introduced to our internal policies, or changes to the Data Protection Law or other laws. These changes will be indicated by the date of the last update. Notifications of any changes introduced to the Privacy Policy will also be posted on our website.

Contact us

Should you have any questions, comments or requests regarding this Privacy Policy, or any questions concerning this site, do not hesitate to contact us.

Partners Acceptance Policy

As a company that adheres to the highest standards not only in terms of quality of the service delivered, but also as regards ethics, we set out conditions for Partners Acceptance into the Affiliate Program. Therefore, it is our policy not to cooperate with organizations and individuals involved in or in any way connected with:

  • firearms and weapons;
  • fireworks and other dangerous materials;
  • drugs, narcotics or steroids;
  • tobacco and alcohols;
  • Forex and currencies, cryptocurrencies;
  • pornography and obscenity;
  • promotion of hate, racism, religious discrimination;
  • illegal activities;
  • forged goods and replica goods;
  • stolen goods, including digital ones;
  • breach of copyright, trademark, privacy or infringement of any other proprietary right;
  • pyramid and investment schemes;
  • gold bars;
  • unlicensed multi-level marketing;
  • sale of traveler’s checks or money orders;
  • credit repair or debt settlement services, credit transactions or insurance activities;
  • cardsharing;
  • gambling, gaming and any other activity with an entry fee and a prize, like casino games, sports betting, horse or greyhound racing, lottery tickets, sweepstakes.

Contact us

contact@leadamore.com