The following are the Terms and Conditions for participation in the Publisher1st Monetisation Program (herein referred to as “the Program” or “we”). As used in these Terms&Conditions, “you” or “your” means the applicant/webmaster/publisher/advertiser.
THESE ARE A LEGAL Terms&Conditions BETWEEN YOU AND PUBLISHER1ST. BY PARTICIPATING IN THE PROGRAM, YOU ACKNOWLEDGE THAT YOU ARE AT LEAST 18 YEARS OF AGE AND THAT YOU HAVE READ, ACCEPTED AND ARE BOUND BY ALL OF THE TERMS, CONDITIONS, PROMISES, WARRANTIES, DUTIES AND OBLIGATIONS SET FORTH IN THESE Terms&Conditions.
1. You must be at least eighteen (18) years of age or the legal age in your jurisdiction to participate in the Program.
2. In order to participate, you must register by submitting an application with CORRECT information via our website. We may choose to decline your application should we find any of the information and/or your website unsuitable for any reason.
3. The following are examples (including but not limited to) of the type of sites, ads and applications that are not allowed to participate in the Program:
a. Hacking, Phishing or Phreaking;
b. Software Pirating (for example Warez) & Technical Support or Browser Lock;
c. Pornographic content;
d. Containing or linking to any form of illegal activity (for example how to make drugs, bombs etc.);
e. Racial, ethnic, political, hate-mongering or otherwise objectionable content;
f. Material that defames, abuses, or threatens physical harm to others;
g. Inappropriate newsgroup postings, chat or forum abuse, unsolicited e-mail (SPAM);
h. Any illegal activity whatsoever;
i. Torrent sites;
j. Sites illegally distributing copyrighted content;
k. Campaigns that modify or redirect parent window (e.g. using 'opener' javascript function to redirect publishers' websites to another location);
l. Crypto-mining scripts, software etc.
m. Motivated traffic
4. You are responsible to keep your personal information in Publisher1st account such as E-mail address, messenger ID etc. accurate and up to date for proper notifications.
5. Publisher payments are processed 1 time 60 days after each finished month. Payments can be withdrawn using all the payment methods available at Publisher User Interface account by choosing the method contacting your Personal Account Manager. If these dates fall on weekends or holidays the payments will be processed on nearest business day.
6. You acknowledge that there will be certain fees pertaining to payment processing and shipping fees such as fees for wire transfers ($50).
7. The Program reserves the right to terminate any account that we believe violates one of our rules or that has very low ratios.
8. Publisher1st Network reserves the right to request any form of ID (Passport) with your photo for verification purposes.
9. Publisher1st shall have the right to adjust your account balance in the case of
a. Need of payment or bonuses
b. To deduct transaction fees
c. Due to technical reasons
d. Due to fraudulent activity
e. Upon additional Terms&Conditions by the Parties.
Publisher1st reserves the right to withhold deposit or charge your account due to any breach of these Terms&Conditions.
10. The Program will not be held liable for any loss due to server downtime, network downtime, packet loss, net traffic problems, disasters, acts of government, strike, lock-out, communication line or power failures, down state or destruction of the Site or its components. The Program shall do everything in its power to maintain the highest standard of availability of its system.
11. Possible stats discrepancy between the data at Publisher1st account and third party tracking system used by applicant/webmaster/publisher/advertiser up to 20% is admissible. In case of such discrepancy you have no financial and other claims to Publisher1st.
12. The Program grants a limited nonexclusive, nontransferable and revocable license to use the Program and the websites/products’ trademark names, service marks, logos, and to access, download and use promotional banner hypertext links, video, sound, photo content and any other form of intellectual property provided by the Program, on your website(s) for the exclusive purpose of advertising, marketing or promoting ONLY the websites and products of the Program; however, the license herein granted shall automatically and immediately cease upon the termination or breach of any term in these Terms&Conditions. You may not copy, reproduce, alter, modify, change, broadcast, distribute, transmit, disseminate, sell or offer for sale the materials, in any manner, anywhere in the world, without the express written consent of the Program. You are not allowed to remove, obstruct or make any change to the watermarks on the promotional materials, photographs, screenshots and videos.
13. The Program reserves the right to modify any part of these Terms&Conditions at anytime without prior notice. Upon modification, you will be informed by email, writing or by an informational text on the Program’s website. Should you choose to not accept the amendments, the only action you can take is to terminate your account and have all outstanding commission (or available balance on your Advertiser’s account) paid to you. Continued participation in the Program and/or no action shall mean that you have accepted the modifications to the Terms&Conditions. All modifications shall become active 24 hours after the modifications and notice have been completed.
14. In case of violation the Terms, described in the articles 3 and 12 of these Terms and Conditions, prior to any modification of these Terms&Conditions you won’t get a refund of the assets on your Advertiser’s account/an outstanding commission on your Publisher’s account.
15. These Terms&Conditions shall commence upon your acceptance and remain in effect until terminated. These Terms&Conditions may be terminated by either Party upon 24 hours notice. These Terms&Conditions shall terminate immediately upon the dissolution or insolvency of either Party. We reserve the right to terminate any campaign and remove any advertisements or turn off the traffic at any time for any reason.
Publisher
1. You shall not artificially inflate traffic counts using (including but not limited to) a device, program or robot.
2. We reserve the right to decline your participation in the Program for the following reasons:
a. Your website is below the minimum traffic requirements. Your application is subject to review should you have other high traffic websites, an app, or a popular Facebook fan page;
b. Your website is unavailable or under maintenance;
c. Your website is overfilled with ads, i.e 15+ banners and 5+ pops on single page are rejected. We do not accept banner farms or popunder farms;
d. Your website has only few posts or no content;
e. Your participation might be rejected for other reasons, established by Support.
3. All visitors you send to us must come from a web page. We do not allow neither newsgroup postings with links to our websites nor we allow you to link to our websites from the body of an email message. We don’t allow to promote our websites by email campaigns.
4. All surfers sent to the Program’s site(s) must be in a full size window with toolbars, location, scroll bars, etc. It must be a regular window unaltered. Our sites shall not be opened or loaded in a frame.
5. You are not allowed to alter the link codes, or use illegal/false advertising.
6. You may only hold one account with the Program. But you can have more than one website in your account.
7. You agree if you violate terms of these Terms&Conditions, all commissions shall be forfeited. No commission shall be paid for traffic deemed as fraudulent, at the sole and exclusive discretion of the Program’s administration.
8. Commissions for each Period are paid 60 days after the end of the Period (usually the actual month). Should any designated payout day fall on a non business day, the payout is postponed until the next business day.
9. Commissions for a period that do not meet our minimum of $100.00 or your set minimum payout (must be over $100) will roll-over and be credited toward the next period until such minimum is met. Minimum payout for Wire Transfer is $500.
10. Invoicing.
a. The Publisher expressly instructs Publisher1st to generate and issue the Publisher’s invoices on behalf of the Publisher. Regarding to this instruction, prior to making any payment to a Publisher, Publisher1st may generate automatically, through Publisher1st Publisher User Interface, the invoice on behalf of such Publisher. Additionally, the Publisher expressly acknowledges and agree that Publisher1st will generate the said invoices based on the stats provided by Publisher1st Publisher User Interface and the payment data provided by the Publisher. The Publisher expressly acknowledges and agree that such data is accurate, fully and legally compliant for invoicing and taxation purposes.
b. Any Publisher residing in the European Union is responsible for providing VAT data. The Publisher who has provided a VAT number expressly warrants that such VAT number is, in its own country, valid for the issuance of VAT-exempt invoices to Publisher1st. The Publisher expressly accepts to be solely liable for any error, direct or indirect loss or damage arising from the inaccuracy or non-compliance of VAT data or the breach of any of the aforementioned warranties and, accordingly, the Publisher will hold Publisher1st totally harmless from any of the said errors, direct or indirect loss or damages.
c. The Publisher must promptly informs Publisher1st of any changes in the payment details including but not limited to VAT details. Taking into account the conditions of paragraph 10 mentioned above the Publisher hereby confirms that another VAT invoice will not be issued.
d. Publisher1st reserves the right to retain any payments due to the Publisher in case of any claim, administrative proceeding from any authority, dispute or conflict, in any way due to the inaccuracy or non-compliance of the data provided by the Publisher. The payments are on hold until the incident has been resolved.
11. Publisher1st Network offers a 5% referral program to Partners with active and payable accounts only.
a. Partners can refer publishers to Publisher1st Referral Program and earn 5% of the referred publishers’ earnings, for a lifetime, for any referred Publisher accepted into the program. To permit accurate tracking, reporting, and commission fee accrual, Publisher1st will provide Partners with special unique “invite” link, which is displayed on the Referrals page in the partners Publisher1st account.
b. It is the Partners responsibility to ensure that the “invite” referral links are integrated properly on their websites or other display zone of choice.
c. Partners may promote the program on their websites, as long as the website meets our program policies listed in these Terms&Conditions.
d. To protect the integrity of the reputation of Publisher1st brand name, Partners may not promote the “invite” referral links via certain forms of indiscriminate advertising, commonly referred to as “spamming.”
e. Partners may promote the “invite” referral links and the service via mailings to recipients who are already customers or subscribers to their website’s services, provided that the recipients have the option to remove themselves from future mailings. Further, Partners may promote the “invite” links via newsgroup postings at the newsgroups that specifically welcome commercial messages.
f. In all the promotions, Partners must clearly represent themselves as entities independent from Publisher1st Network. g. Partners may not refer themselves or earn commission for signing up through creating multiple accounts at Publisher1st Network.
h. Publisher1st Network reserves the right at its sole discretion to modify the foregoing rules at any time. Publisher1st Network reserves the right to take action against any person or entity that does not confirm to these rules. nation to the same effect.
12. Confidentiality.
a. By accepting these T&C Publisher acknowledges himself as a data controller - the natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of personal data of his site(s) visitors. Publisher1st performs as a data processor, processing data on behalf of Publisher to Advertiser.
b. Publisher is aware of GDPR (General Data Protection Regulation) and responsible for taking sufficient efforts according to GDPR requirements to inform his site(s) visitors on collecting personal data.
c. Publisher1st disclaims all liability for Publisher's violation of GDPR of any kind.
d. Publisher agrees not to disclose Publisher1st Confidential Information without Publisher1st's prior written consent. "Confidential Information" includes without limitation: (i) all Network software, technology, programming, technical specifications, materials, guidelines and documentation You learns, develops or obtains that relate to the Publisher1st Network; (ii) click-through rates or other statistics provided to Publisher by Publisher1st; and (iii) any other information designated in writing by Publisher1st as "confidential" or any designation to the same effect.