Terms & Conditions Advertiser acknowledges and agrees that purpose of this T&C is to define the set of conditions under which Advertiser shall have the right to use the services from the Advertising network Platform operated by Widemarkets and Widemarkets chooses to render the Services are in Widemarkets’s sole discretion and control and Advertiser authorizes Widemarkets to act on Advertiser's behalf in connection with any advertisement Widemarkets places with publishers and the advertiser understands and agrees that services and obligations to be performed by Widemarkets under this Agreement or any IO signed under this Agreement may be performed by other publishers and Advertiser authorizes Widemarkets to act on Advertiser's behalf in connection with any advertisement Widemarkets places with publishers and Widemarkets may share Advertising Materials and Advertising Tag with the applicable publishers and Advertiser acknowledges that Widemarkets provide a market place in which advertisers post advertisements and Widemarkets as well as publishers distribute these advertisements via multiple online channels thereby earning commission for Actions generated on behalf of the advertisers.
1. Term&Termination-This Agreement shall commence on the date of signature of Insertion Order by the Advertiser. The Advertiser is obliged to send campaign pause notice or any changes implementation concerning running campaigns 48 hours prior to its coming into force in order to make termination.
2. License-Advertiser hereby grants to Widemarkets and its third party publishers a nonexclusive, limited, worldwide, royalty-free, revocable license to market, display, perform, copy, transmit, distribute, usage of marketing materials and statistic results from advertiser campaign and promote the Campaign(s) in connection with its obligations hereunder. Widemarkets may publish success story at their website.
3. Indemnification: Advertiser declares that he do not violate and will not violate any other obligation or agreement, law or regulation by which it is bound or to which it is subject and is responsible for checking the rules and regulations wherever it operates and the Advertiser declares that he does not violate and will not violate any spam law. Advertiser shall indemnify Without limitation Widemarkets and their respective subsidiaries, affiliates, partners and licensors, directors, officers, employees, owners and hold it harmless from and against any claim, actions, suits, liabilities, losses, damages, judgments, settlements, costs and expenses (including reasonable attorney's fees) associated with any claim or action (collectively a "Claim"), to the extent such Claim arises from or is connected with (i) any misrepresentation or any breach of any warranty, law, regulation or governmental authority, covenant or agreement on the part of Customer; or (ii) claims of infringement of any patent, copyright, trademark, trade secret, or other intellectual property right of any third party.
4. Disclaimer of warranty -Widemarkets does not have any obligation to monitor the advertising materials, for any purpose and, as a result, is not responsible for the accuracy, completeness, appropriateness, legality or applicability of the advertising materials or anything described or written by Advertiser. Widemarkets Advertising network Platform and any other technology or services provided by Widemarkets is provided on an ‘AS-IS’ basis. Widemarkets makes no warranty of any kind, whether express, implied, statutory or otherwise, including without limitation, warranties of merchantability, fitness for a particular use or non-infringement or those arising in the course of or connected to the performance hereunder, and disclaims any such warranties. In addition, Widemarkets does not represent or warrant that: (i) Widemarkets Advertising network Platform or any part therein will be error free or that any errors will be corrected; (ii) the operation of Widemarkets Advertising network Platform or any part therein will be uninterrupted; (iii) Advertiser will profit or derive any economic benefit from Advertiser’s use of Widemarkets Advertising network Platform ; or (iv) any specific content, service and/or feature will be made available to Advertiser via the Widemarkets Advertising network Platform .
5. Materials- Advertiser shall be responsible for preparing Advertising Materials, Advertising Tag and the related landing page to be used in each campaign Widemarkets shall have the right, at its sole discretion, to remove any advertising material from Widemarkets Advertising network Platform at any time (as applicable), with or without notice, if: (a) Widemarkets receives a complaint from any person or entity regarding any such advertising material; (b) Widemarkets reasonably believes that displaying any such advertising material will have an adverse impact on Widemarkets Advertising network Platform and/or its reputation or business; (c) the advertising material is in breach of any applicable law, rule or regulation, or industry best practices; (d) the advertising material is in violation of any terms and conditions of this Agreement; or (e) the advertising material which results in the infringement of any third party's right. Widemarkets shall not be liable for any damages or costs resulting from the removal of any such Advertising Material.
6. Confidentiality: Any confidential information and/or proprietary data provided by one party ("Discloser") to the other party ("Recipient"), including the Advertisement descriptions and the pricing of the Advertisement and the terms hereof, shall be deemed "Confidential Information" of the Discloser. The foregoing restriction does not apply to information that: (i) has been independently developed by the receiving party without access to the other party's Confidential Information; (ii) has become publicly known through no breach of this section by the receiving party; (iii) has been rightfully received from a third party authorized to make such disclosure; (iv) has been approved for release in writing by the disclosing party; or (v) is required to be disclosed by a competent legal or governmental authority.
7. LIMITATION OF LIABILITY& WAIVER-The Advertiser acknowledges that the Advertising network Platform is provided "as is", "as available" and "with all faults", and the Widemarkets disclaims any and all warranties, whether express or implied, including, without limitation, any implied warranties of merchantability or fitness for a particular purpose. The entire risk arising out of the use or performance of the Advertising network Platform and any accompanying written materials, to the extent provided, remains with the Advertiser. The Advertiser's sole recourse in the event of any dissatisfaction with the Advertising network Platform is to stop using it. The Widemarkets does not warrant that the Advertising network Platform will be delivered or performed error-free or without interruption. Further, the Widemarkets does not warrant the results of use, that the Advertising network Platform is bug free or that the Advertising network Platform will provide any protection against viruses or any network intrusion or security breach, or that its use or the use of the Advertiser’s local network will be uninterrupted. The Advertiser hereby represents that it is aware that the Widemarkets does not control, set up or provide Internet services and that the Widemarkets will therefore not bear any liability for any communication and/or equipment failures, or for transaction/confirmation delays or power failures. WIDEMARKETS SHALL HAVE NO LIABILITY WITH RESPECT TO ANY TECHNOLOGICAL AND ADVERTISING OR ITS OBLIGATIONS UNDER THIS AGREEMENT OR OTHERWISE FOR ANY INDIRECT, CONSEQUENTIAL, PERSONAL INJURY / WRONGFUL DEATH, LOSS OF PROFITS OR LOSS OF BUSINESS OPPORTUNITY,EXEMPLARY, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES OR EVEN IF THE WIDEMARKETS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WIDEMARKETS EXPRESSLY DISCLAIMS ANY LIABILITY FOR ANY ACT OR OMISSION OF A CLIENT OR THEIR PRODUCTS OR SERVICES. WIDEMARKETS DOES NOT GUARANTEE THAT ADVERTISER WILL RECEIVE ANY SPECIFIC AMOUNT OF TRAFFIC AND/OR INCOME AND/OR PROFITS AND WIDEMARKETS ARE SHALL HAVE NO LIABILITY WITH RESPECT TO ANY DAMAGES THAT HAPPENED FROM PUBLISHERS AND/OR OTHER THIRDPARTY. No waiver of any breach shall constitute a waiver of any prior, concurrent or subsequent breach of the same or any other provision, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party. No employer-employee relationship, partnership or joint venture is created hereunder. The amounts payable by the Advertiser hereunder shall not be subject to any defenses (legal or equitable) related to the set-off or counterclaim thereof.
8. Miscellaneous Provisions- Miscellaneous This Agreement (together with its IO) constitutes the entire agreement between the parties with respect to the subject matter thereof and supersedes all prior oral or written communications, agreements and/or understandings. This Agreement may not be modified except by a written agreement signed by authorized representatives of both parties. If a court of competent jurisdiction finds any provision of this Agreement to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of the parties, and the remainder of the Agreement shall continue in full force and effect. The Advertiser may not assign this Agreement, other than to a successor to any or substantially all of the business and assets of the advertiser, without the Widemarkets’s prior written approval which shall not be unreasonably withheld. Widemarkets shall be entitled to assign this Agreement at its discretion, provided that the rights of the Advertiser hereunder shall not be prejudiced as a result of such assignment. No employer-employee relationship, partnership or joint venture is created hereunder. The amounts payable by the Advertiser hereunder shall not be subject to any defenses (legal or equitable) related to the set-off or counterclaim thereof. Any notice, report, approval or consent required or permitted hereunder shall be in writing, delivered to such party’s address as set forth above, or at such other address as a party may designate by a ten (10) days’ advance written notice to the other party. Notices shall be effective on the business day sent if delivered personally or via facsimile or via email, or four (4) business days after post-marking if sent by certified or registered mail. Advertiser undersigned hereby represents and warrants that it is authorized to sign this Agreement on behalf of the party for which it is signing, and that said party authorized and approved this Agreement. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original but all of which together shall constitute one and the same instrument. The Advertiser has 48 hours from the time of issue of the report at the adverting network platform to send comments about discrepancies. Comments on the report that are not accepted within 48 hours are considered as the Advertiser’s consent to the report.
9. **Monthly fee doesn`t include- campaign fees, video, special media buying campaign that requires budget or websites that includes more than 1 page. non-refundable on Monthly fee. Monthly fee will be paid by recurring. Monthly fee will be paid fully even if the campaign is cancel/pause/deleted before the end of the monthly fee period.
10. We may, at our entire discretion to decline accounts by any reason and without any notice. You may cancel the service within 48 hours from the confirmation of your payment. Any amounts to be refunded to you by us will be deducted by 5% fee + extra charges in case we supplied any service within 48 hours. We may, at our entire discretion decide how to make the refund, and we dont guarantee how long it may take when the refund order was sent to a third party.