app.monetizer.com
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Submitted URL: http://app.monetizer.com/
Effective URL: https://app.monetizer.com/
Submission: On March 31 via manual from TR — Scanned from DE
Effective URL: https://app.monetizer.com/
Submission: On March 31 via manual from TR — Scanned from DE
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Attention Afflow User: Afflow is now called 'Monetizer Plus'. Log in below with
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MANAGE LEAGUES
{campaignID} {keyword1} {keyword2} {keyword3} {keyword4} {keyword5} {clickID}
{amount} {offer} {transactionID} {advertiserID}
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Today - All Platform
* Country
* Country, OS
* Country, Device Type
* Country, Language
* Country, Offer
* City
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* OS Version
* Browser
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* Carrier
* Carrier, Offer
* Connection
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New Update Available Reload
Afflow will be unavailable on May 30th between 06:00 and 12:00 UTC. Please
ensure that your campaigns are paused during this time to avoid any loss of
revenue.
TERMS OF SERVICE
AFFLOW LIMITED (“AFFLOW") IS WILLING TO GRANT ACCESS TO THE SERVICE TO THE
AFFILIATE (BEING THE SOLE TRADER, COMPANY, PARTNERSHIP, BUSINESS OR OTHER ENTITY
NAMED IN THE REGISTRATION FORM) ON THESE STANDARD TERMS AND CONDITIONS
("STANDARD TERMS"). THE AFFILIATE MUST READ THESE STANDARD TERMS CAREFULLY
BEFORE USING THE SERVICE. ONCE ENTERED, THE REGISTRATION FORM, THESE STANDARD
TERMS, THE AFFLOW CODE OF CONDUCT AND THE AFFLOW WEBSITE TERMS CONSTITUTE A
LEGAL AND ENFORCEABLE CONTRACT BETWEEN THE AFFILIATE AND AFFLOW (THE
“AGREEMENT”). BY ACCESSING THE SERVICE, CLICKING THE ["I AGREE"] OR ["YES"]
BUTTON, OR OTHERWISE INDICATING AGREEMENT ELECTRONICALLY, THE AFFILIATE AGREES
TO THE AGREEMENT. IF THE AFFILIATE DOES NOT AGREE TO THE AGREEMENT, THE
AFFILIATE SHOULD CLICK THE ["I DO NOT AGREE"] OR ["NO"] BUTTON OR OTHERWISE
INDICATE REFUSAL AND MAKE NO USE OF THE SERVICE.
1. INTERPRETATION
1. The following definitions apply to this Agreement:
“Account”: the Affiliate user account on the Service issued to the
Affiliate by Afflow on successful registration.
“Advertising Standards”: any applicable advertising law, regulations or
standards, data laws relating to advertising (including the Children's
Online Privacy Protection Act), any generally accepted self-regulatory
codes of practice, and any related guidance or best practice advice.
“Advertiser”: an online retailer or business participating in a Third
Party Network for the purposes of engaging third party affiliate
marketers to promote it or its products or services.
“Advertiser Offer”: any trade marks, advertising content, images, text,
video, data or other material provided to Afflow by or on behalf of
Advertisers or a Third Party Networks, including any offers of Products.
“Advertiser Website”: means, from time to time, any websites, apps or
services of an Advertiser.
"Affiliate”: the person, company, partnership, business or other entity
named in the Registration Form.
“Affiliate Website”: a website, application or service operated by the
Affiliate (amongst other purposes) to display Advertiser Offer or
otherwise promote Advertisers or their Products.
“Afflow Page”: means any webpages created and hosted by Afflow, in which
Advertiser Offer may be displayed on behalf of the Affiliate.
“Business Day”: any day which is not a Saturday, Sunday or public
holiday in the UK.
“Code of Conduct”: the Afflow code of conduct for affiliate marketers,
as set out on the Service from time to time.
“Commission”: monies actually received by Afflow from the respective
Advertiser in respect of Transactions.
“Data Protection Legislation”: means any data protection, privacy or
similar laws that apply to data processed in connection with this
Agreement, including any regulations implementing the Data Protection
Directive 95/46/EC (the “Directive”) or Privacy and Electronic
Communications Directive 2002/58.
“Fees”: the fees payable by the Affiliate to Afflow for access to the
Service (including any additional features of the Service), as set out
on the Service from time to time.
“Intellectual Property Rights”: all copyright and related rights,
patents, rights to inventions, utility models, trade marks, service
marks, trade, business and domain names, rights in trade dress or
get-up, rights in goodwill or to sue for passing off, unfair competition
rights, rights in designs, rights in computer software, database right,
topography rights, moral rights, rights in confidential information
(including know-how and trade secrets) and any other intellectual
property rights, in each case whether registered or unregistered and
including all applications for and renewals or extensions of such
rights, and all similar or equivalent rights or forms of protection.
“Link”: a hyperlink from an Affiliate Website, Traffic Source or Afflow
Page to an Advertiser Website.
“Product”: a product, service or equivalent offered for sale by an
Advertiser on any Advertiser Website.
“Registration Form”: the online registration form for applications for
affiliate marketer user accounts on the Service from time to time.
“Service": the Afflow online service and advertising network, any
algorithms used by Afflow to select Advertiser Offers for display on
Afflow Pages, any Afflow Pages, and the Afflow website at
app.afflow.rocks, which enables businesses to monetise their website
traffic (amongst other things).
“Third Party Network”: the operator of a marketing network of online
advertisers to facilitate, amongst other things, affiliate and
performance marketing and which has agreed to permit Afflow to join its
network and permit affiliate marketers to market advertisers or their
products.
“Third Party Network Terms": as applicable, the terms of business for
affiliate marketers of any Third Party Networks, the terms or conditions
of any Advertisers for the promotion of those Advertiser or any of their
Products and the terms of any search engines.
“Traffic Sources”: means any sources of website traffic procured by the
Affiliate.
“Transaction”: the clicking of a Link, implemented by or on behalf of
the Publisher under this Agreement, by a Visitor and/or an agreement by
a Visitor to the purchase of a Product and/or the generation of a sales
lead for an Advertiser and/or the serving of Advertiser Offer on the
Affiliate Website or Afflow Page to a Visitor, each subject to the
relevant Third Party Network Terms.
“Visitor” means any person who follows a Link.
2. A “person” includes a natural person, corporate or unincorporated body.
3. Unless the context otherwise requires, words in the singular include the
plural and in the plural include the singular.
4. The words “include” and “including" (or similar) shall be deemed to have
the words "without limitation" after them.
5. A reference to "writing” or "written” includes email.
6. The terms, “personal data”, “process”, “data controller” and
“processing” have the meanings given to them in the Data Protection Act
1998.
7. The Standards Terms incorporate the Afflow website terms of use and the
Code of Conduct, both of which are posted on the Service from to time to
time. If there is ever a conflict, following order of priority shall
apply:
1. these Standard Terms;
2. the Registration Form;
3. the Code of Conduct;
4. the Afflow website terms of use.
2. AFFILIATE ACCOUNTS
1. The Affiliate will be issued an Account on successful registration, as
determined by Afflow in its sole discretion. Afflow can refuse to grant
an Account for any reason.
2. The Affiliate shall keep its password and API access token confidential.
Afflow shall not be liable for any losses or damage suffered by the
Affiliate due to the disclosure or loss of any passwords or API access
tokens.
3. SERVICE
1. In consideration of the payment of the Fees, Afflow shall provide
access to the Service.
2. Afflow hereby grants the Affiliate a licence to use the Service for the
purposes of promoting Advertisers and their products or services.
3. The above licence is:
1. revocable, non-exclusive, non-transferable and non-sublicensable;
2. granted to the Affiliate only and not to any subsidiary, holding
company or related entity of the Affiliate.
4. Afflow hereby grants the Affiliate a sub-licence to use Advertiser
Offer solely to the extent Afflow is permitted to grant sub-licences
under any Third Party Network Terms.
5. The Affiliate may select:
1. Advertiser Offer to be displayed on the Advertiser Websites;
2. the classes of Advertiser Offer to be selected by the Service for
display on an Afflow Page, on behalf of the Affiliate.
6. The Affiliate shall remove any Advertiser Offer or Links as soon as
practicable following request from Afflow.
7. The Affiliate shall use Advertiser Offer strictly in accordance with
Afflow's instructions.
8. Afflow may disable any Links at its discretion.
9. Afflow may change the Service on written notice to the Affiliate.
10. The Affiliate shall provide any assistance reasonably requested by
Afflow in order to carry on its business from time to time.
11. The Affiliate shall not use the Service to create any product or
service which competes with the Service.
12. The Affiliate shall not permit any other person to use the Service nor
offer any aspect of the Service to any other person as a service.
4. ADDITIONAL FEATURES
1. In consideration of the payment of additional Fees by the Affiliate,
Afflow may provide additional features of the Service to the Affiliate.
2. The Fees payable in respect of access to additional features will be set
out on the Service from time to time.
5. CODE OF CONDUCT
1. The Affiliate must comply with the Code of Conduct in all respects.
2. Afflow may, at its sole discretion, amend the Code of Conduct from time
to time.
6. TRANSACTIONS
1. The Afflow systems shall be sole basis for recording Transactions.
2. Transactions will be determined in accordance with applicable Third
Party Network Terms, including any rights of reversion, deduplication or
approval offered to Advertisers under such terms.
7. FEES, SELF BILLING AND PAYMENT
1. Afflow will pay Commissions to the Affiliate in accordance with this
Agreement and any Third Party Network Terms.
2. In consideration of the provision of access to the Service, the
Affiliate shall pay the Fees to Afflow in accordance with the payment
options set out on the Service from to time to time. Payments of Fees
will be made in arrears, as set out on the Service.
3. Fees may be paid subject to reasonable minimum thresholds.
4. Commissions are subject to change by Advertisers.
5. Afflow will pay Commissions to the Affiliate in the currency in which
they are received by Afflow from the respective Advertiser.
6. The Affiliate shall return any Commissions paid in error, or in breach
of this Agreement, on request by Afflow.
7. In addition to any other rights or remedies of Afflow, if the Affiliate
fails to make any payments in accordance with this Agreement Afflow may:
1. immediately withhold or suspend access to Service until the
outstanding payments are made; and/or
2. charge, from the due date for payment until payment is made (whether
before or after any judgment), annual interest on the unpaid amount
at 8% above the Bank of England base rate, accruing on a daily basis
and being compounded quarterly.
8. All amounts in this Agreement exclude VAT.
8. PROPRIETARY RIGHTS
1. Afflow and/or its licensors own all Intellectual Property Rights in the
Service. Afflow does not grant the Affiliate any Intellectual Property
Rights in respect of the Service or any related content or materials
unless expressly provided in this Agreement.
2. Advertisers or their licensors own all Intellectual Property Rights in
Advertiser Offer.
3. The Affiliate may not:
1. copy, decompile, reverse engineer, modify or otherwise deal in any
way with the Service or any Advertiser Offer;
2. remove any proprietary notices attached to the Service or any
Advertiser Offer;
3. gain unauthorised access to any restricted part of the Service;
4. collect data from the Service by systematic or automated means;
5. use its access to the Service for the sending of marketing
communications; or
6. use any computer virus or malicious code of any nature in connection
with the Service.
9. CONFIDENTIALITY
1. In this clause, “Confidential Information” means any information or
Intellectual Property Rights that are clearly labelled or identified as
confidential or ought to reasonably be treated as being
confidential.Confidential Information excludes any information which:
1. is or becomes publicly known other than through a breach of this
Agreement or other obligation of confidentiality;
2. was in the receiving party's lawful possession before the disclosure;
3. is lawfully disclosed to the receiving party by a third party without
restriction on disclosure;
4. is independently developed by the receiving party and that
independent development can be shown by written evidence; or
5. is required to be disclosed by law, by any court of competent
jurisdiction or by any regulatory or administrative body.
2. Each party shall hold the other's Confidential Information in confidence
and not make the other's Confidential Information available to any third
party, save that either party may disclose Confidential Information to
any other members of its group of companies subject to an equivalent
duty of confidentiality. Neither party shall use the other's
Confidential Information for any purpose other than the implementation
of this Agreement.
3. Each party shall take all reasonable steps to ensure that the other's
Confidential Information to which it has access is not disclosed or
distributed by its employees, agents or independent contractors in
breach of the terms of this Agreement.
4. This clause 9 shall survive termination of this Agreement for a period
of 5 years.
10. WARRANTIES
1. Each party warrants to the other that:
1. it has full power and authority to enter into this Agreement; and
2. it will perform its obligations under this Agreement using reasonable
skill and care.
2. The Affiliate warrants to Afflow that:
1. it has sole control and responsibility for the Affiliate Website,
including its development, maintenance, operation and any content it
displays and any means of generating website traffic to the Affiliate
Website
2. it is solely responsible for it selection of Traffic Sources;
3. it holds all of the rights and licences (including Intellectual
Property Rights) necessary to carry on its business;
4. any information contained on the Affiliate Website is true, accurate
and not misleading;
5. any Advertiser Offer will be faithfully reproduced on the Affiliate
Website;
6. website traffic and Visitors will be appropriate for the Advertiser
Offers, or classes of Advertiser Offers selected by the Publisher;
and
7. it will comply with any Third Party Network Terms, the terms of any
Traffic Sources, Data Protection Legislation and Advertising
Standards.
11. LIMITATION OF LIABILITY
1. This clause 11 sets out Afflow's entire financial liability (including
any liability for the acts or omissions of its employees, agents and
sub-contractors) to the Affiliate:
1. arising under or in connection with this Agreement;
2. in respect of any use made by the Affiliate of the Service or any
part of it;
3. in respect of any representation, misrepresentation (whether innocent
or negligent), statement or tortious act or omission (including
negligence) arising under or in connection with this Agreement.
2. Except as expressly and specifically provided in this Agreement the
Affiliate assumes sole responsibility for its use of the Service and for
the results of, or conclusions drawn from, such use.
3. Save as set out in this Agreement, the Service is provided "as is" to
the fullest extent permitted by applicable law. Afflow disclaims all
warranties and conditions express or implied, including, but not limited
to, implied warranties of satisfactory quality and fitness for a
particular purpose, in relation to the Service, its use and the results
of such use.
4. Afflow specifically disclaims any warranty:
1. in respect of Advertiser Offer;
2. that any Afflow Page or Advertiser Offer selected by Afflow complies
with Advertising Standards or is appropriate for its intended
audience;
3. that the Service shall be uninterrupted or error-free;
4. that defects shall be corrected;
5. that there are no viruses or other harmful components;
6. that the security methods employed shall be sufficient; or
7. regarding correctness, accuracy, or reliability.
5. Save as set out in this Agreement, all warranties, representations,
conditions and all other terms of any kind whatsoever implied by statute
or common law are excluded from this Agreement to the fullest extent
permitted by law.
6. Nothing in this Agreement excludes the liability of Afflow:
1. for death or personal injury caused by Afflow's negligence;
2. for fraud or fraudulent misrepresentation; or
3. any statutory liability not capable of limitation.
7. Subject to clause 11.6, Afflow shall not be liable whether in tort
(including for negligence or breach of statutory duty), contract,
misrepresentation (whether innocent or negligent), restitution or
otherwise for any losses arising from the use of Advertiser Offers; the
acts or omissions of any Advertiser, Traffic Source, Third Party Network
or Visitor; any losses arising in connection with the matters disclaimed
in clause 11.4; loss of profits; loss of business; depletion of goodwill
and/or similar losses; loss, or corruption of data or information; or
pure economic loss; or for any special, indirect or consequential loss
costs, damages, charges or expenses however arising under this
Agreement.
8. Subject to clause 11.6, Afflow's total aggregate liability in contract,
tort (including negligence or breach of statutory duty),
misrepresentation (whether innocent or negligent), restitution or
otherwise, arising in connection with the performance or contemplated
performance of this Agreement shall be limited to the total Fees
actually received by Afflow from the Affiliate under this Agreement
during the 12 months preceding the date on which the claim arose.
12. DATA PROTECTION
1. If the Affiliate provides any personal data to Afflow, the Affiliate
shall ensure that it is entitled to do so, that Afflow may lawfully
process that personal data as envisaged under this Agreement and may
transmit that personal data outside of the EEA.
2. Each party shall:
1. take appropriate technical and organisational measures against
unauthorised or unlawful processing of any personal data, or any
accidental loss, destruction or damage of such data;
2. process any personal data in accordance with the terms of this
Agreement and any lawful instructions reasonably given by the
respective data controller from time to time.
13. TERM AND TERMINATION
1. This Agreement shall subsist until its termination in accordance with
this clause 13 or clause 14.
2. This Agreement can be terminated by either party at any time and for any
reason on 7 days' written notice.
3. This Agreement can be terminated by either party immediately on written
notice to the other party if the other party:
1. is in material breach of this Agreement or
2. ceases trading (or threatens to cease trading); is subject to an
order for winding up; has an administrator or liquidator appointed
(or such appointment is entitled or is requested in good faith); is
the subject of a bankruptcy petition or order; becomes insolvent; is
incapable of paying its debts as they fall due; makes any arrangement
with its creditors for the payment of its debts.
4. Any termination is without prejudice to either party's accrued rights or
remedies.
5. On termination of this Agreement for any reason:
1. all licences granted by Afflow under this Agreement shall immediately
terminate.
2. the Affiliate shall not be entitled to any refund of any payments
made to Afflow and the Affiliate hereby waives any of its entitlement
to recover such payments.
6. The accrued rights and remedies of the parties, and clauses, shall
survive termination of this Agreement for any reason.
14. FORCE MAJEURE
1. No party shall be in breach of this Agreement nor liable for any failure
to perform its obligations under this Agreement if that failure is a
result of circumstances beyond its reasonable control.
15. PROMOTION
1. Each of the parties may refer to the other party as its customer or
supplier (as applicable) on its websites, in press releases, in its
marketing materials and in negotiations with third parties, unless
notified otherwise by the other party.
2. Afflow may, with the prior written consent of the Affiliate, publish a
case study describing the benefit derived by the Affiliate by its use of
the Service.
16. WAIVER
1. A waiver of any right under this Agreement is only effective if it is in
writing.
17. SEVERANCE
1. If any provision (or part of a provision) of this Agreement is found to
be invalid, unenforceable or illegal, the other provisions (or parts of
any provisions) shall remain in force.
18. ENTIRE AGREEMENT
1. This Agreement constitutes the whole agreement between the parties and
supersedes any previous agreement between them.
2. The terms of any amendment, addendum or side letter to this Agreement
shall be subject to the terms of this Agreement, unless the amendment,
addendum or side letter explicitly refers to the terms of this Agreement
which are to be made subject to the terms of the amendment, addendum or
side letter.
19. ASSIGNMENT
1. The Affiliate shall not assign, transfer, charge, sub-contract or deal
in any other manner with all or any of its rights or obligations under
this Agreement, without the prior written consent of Afflow.
20. THIRD PARTY RIGHTS
1. This Agreement does not confer any rights on any person or party and the
parties to this Agreement and (where applicable) their successors and
permitted assigns) pursuant to the Contracts (Rights of Third Parties)
Act 1999.
21. NOTICES
1. Any notice required to be given under this Agreement shall be given by:
1. Afflow by posting on the Service or by email to the Affiliate's
address as set out on the Registration Form;
2. the Affiliate by email to Afflow at admin@monetizer.co.
2. A notice delivered by posting on the Services shall be deemed to have
been received when posted. A correctly addressed notice sent by email
shall be deemed to have been received at the time and date set out on
the sender's records (or if delivered before 9am or after 5pm on any
Business Day, at 9am on the following Business Day).
22. GOVERNING LAW AND JURISDICTION
1. This Agreement shall be governed by, and construed in accordance with,
the laws of England and Wales and the parties irrevocably submit to the
exclusive jurisdiction of the English Courts.
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