Terms of Services
LAST UPDATED: 05 SEP 2013
This Social Marketing Ad Network Publisher Terms of services or Publisher Agreement, contains the terms and conditions that govern your participation in the Social Marketing Ad Network Program. " We","us" or "our" means MobiDoWonders or any of its affiliate companies, as the case may be. "You" or "your" means the applicant. A "social property " means applicant social account with administrative permission. "Your social property" means any social account/profile owned, operated or controlled by you that is approved for participation in the Program. You and us are sometimes each referred to generically herein as a " Party " and collectively the "Parties."
1. DESCRIPTION OF THE PROGRAM
The purpose of the Program is to permit us to incorporate advertising ("Ads"), consisting of images, text, Ad destination URL, and other information (collectively, "Content") on your social properties using our besocial application. Ads will be posted in your social properties in connection with advertising campaigns ("Campaigns") by Advertisers in order to provide benefits to the publisher in terms of gifts, offers & earn advertising fees. "Advertisers" may be us, our affiliates or Third Party Advertisers.
This Agreement shall commence from the date on which you Accept these Conditions upon your registration with MobiDoWonders and shall remain in full force and effect unless and until terminated by either Party in accordance with the terms of the Agreement.
To enroll, you must provide us with such information as we request to participate in the Program ("Signup Form"). Among other things, you must identify your social properties in your Program Application. You will ensure that the information you include in your Program Application and otherwise provide to us, including your email address and other contact information and identification of your mobile properties, is at all times complete, accurate, and up-to-date. You may not share any login or password information that is issued to you in connection with the Program with any third party. You represent and warrant to us that (a) any social property on which you enable us to advertise is your social property, (b) you will be solely responsible for the contents posted other then the Advertisers Ads. We may review your Program Application and request additional information from you if required and you agree to provide such information. Any such request for additional information may arise any time before or after the enabling of the Besocial Ad Network. If required we can cross check your social properties to see the information you provided is complete, accurate, and up-to-date or not
We may send notifications (if any), approvals (if any), and other communications relating to the Program or Agreement to the email address your provided.
3. Ads on Your Social Properties
After the enabling of the Besocial Ads Network on any of your social properties, we may display Ads on such social property. You may not use the Program in connection with, and will not be eligible to earn Advertising Fees in respect of, mobile properties that have not been approved by us. Additionally, if you use an Application Key that is issued for one mobile property to enable the display of Ads on a different mobile property, we may terminate your license to use or distribute the Mobile Ads API on all of your mobile properties. Proper use of your Application Key permits accurate tracking, reporting, and accrual of Advertising Fees.
You will not modify any Ads or Content we post to your social properties, or use Ads or Content other than as expressly permitted by this Publisher Agreement. If an Ad appears on any social property in violation of the Program Requirements, you will be asked to promptly remove the Ad from your social property or otherwise correct the violation.
We may post different Ads & Campaign or install Facebook Apps to your social properties at any time as per the requirement of Advertisers. We will make all determinations regarding the selection and display of Ads and administration of the Program in our sole discretion.
You are not allowed to terminate any Campaign at any time. If it is going necessary, you have to provide us the valid reason for the termination of the Campaign posted on your social properties.
4. Program Requirements
By participating in the Program, you agree that you will comply with the Program Requirements. You will promptly provide us with any information that we request to verify your compliance with this Publisher Agreement. If we determine (in our sole discretion) at any time after the Besocial Social Marketing Ad Network Program is enabled that the information provided in your Program Application is inaccurate or that any of your social properties violates our requirement, or that you are otherwise in violation of this Publisher Agreement, we may suspend your participation in the Program with or without prior notice to you and you will also not eligible to get the benefits associated with the Program. By disabling the Social Marketing Ad Network Program as it relates to any or all of your social properties. Any such suspension will remain in effect until we are satisfied that the information provided to us is complete, accurate, and up-to-date, and that you and your social properties are not violating (and if the suspension is lifted, will not violate) this Publisher Agreement or the requirements. The decision to re-enable your participation in the Program following any such suspension will be at our sole discretion.
Party may terminate this Contract at any time by written notice to the other.
6. CONSEQUENCES OF TERMINATION
5.1 All benefits to publisher granted by us under this agreement shall immediately terminate; and
5.2 Publisher shall uninstall or otherwise remove any means of access to the services provided under the agreement including any application/software supplied by mobidowonders for that purpose.
You will indemnify, defend and hold MobiDoWonders, its parents, subsidiaries, affiliates, shareholders, licensors, customers, officers, and employees harmless, including costs, expenses and attorneys’ fees and other legal costs, from any liability, claim or demand made by any third party due to or arising out of: (a) Your use of the Services or MobiDoWonders Intellectual Property Rights; (b) any violation of this Agreement by You including without limitation breach of representations and warranties and obligations related to confidentiality; (c) infringement by You of any third party Intellectual Property Rights or other right of any person or entity; (d) willful misconduct or gross negligence of You; (e) fraudulent or unlawful act of You.
7.1 Notwithstanding any provision to the contrary, nothing in these Conditions or the Agreement limits or excludes MobiDoWonders liability for death or personal injury caused by its negligence, for fraud or fraudulent misrepresentation or for any liability which may not be lawfully limited or excluded.
7.2 Save as set out in these Conditions or the Agreement a to the maximum extent permitted by applicable law, MobiDoWonders excludes and disclaims all conditions, terms, representations (other than fraudulent misrepresentations) and warranties relating to the subject matter thereof, whether imposed by statute or by operation of law or otherwise, that are not explicitly stated in the Agreement including the implied warranties of satisfactory quality and fitness for a particular purpose.
7.3 Subject to Condition 7.1, MobiDoWonders shall not be liable, however that liability arises, for consequential, special, incidental or indirect losses arising out of or in connection with the Agreement.
7.4 Subject to Condition 7.1, MobiDoWonders shall not be liable, however that liability arises, for the following losses arising out of or in connection with the Agreement: loss of profits; loss of revenue; loss of business; loss of technology; loss of opportunity; loss of contracts; loss of anticipated savings; loss of goodwill; or loss of, or damage to, data, even if such loss was reasonably foreseeable or MobiDoWonders had been advised or notified of the possibility of the Customer incurring such losses.
7.5 Subject to Condition 7.1, the total liability of MobiDoWonders under or in connection with the Agreement (however that liability arises) shall be limited to Rs.2000.
7.6 You acknowledge and agree that the limitations and exclusions of liability contained in these Conditions and the Agreement are reasonable in view of the nature and extent of the obligations accepted by each Party under the Agreement and the fact that the Services are provided without any monetary charge and that this Condition 6 shall prevail over all other provisions in the Contract.
9. GOVERNING LAW AND JURISDICTION
These Terms of Service and the relationship between You and Us shall be governed in accordance with the laws of India without reference to conflict of laws principles.
You agree that all claims, differences and disputes arising under or in connection with or in relation to the Terms of Services or the relationship between You and Us shall be subject to the exclusive jurisdiction of the courts at New Delhi and You hereby accede to and accept the jurisdiction of such courts.
8. RESPONSIBILITY FOR YOUR SOCIAL PROPERTIES & DATA
We post the Ads & Contents on your social properties, in a manner that does not infringe, violate, or misappropriate any of our rights or those of any other person or entity (including copyrights, trademarks, privacy, publicity or other intellectual property or proprietary rights.
Except as expressly permitted by the next paragraph, you agree that you will not disclose Advertising Data or any other information we provide you under this Publisher Agreement for any reason. Without limiting the generality of the foregoing, you agree that you will not use or permit a third party to use the Advertising Data (a) for retargeting a user or creating or appending data to a non-public profile regarding a user; or (b) to inform or improve advertising targeting on behalf of any other advertiser or advertising network, or for your own purposes.
You agree that you will not disclose Advertising Data or any other information we provide you under this Publisher Agreement for any reason with our permission. You agree that you will not use or permit a third party to use the Advertising Data
(a) for retargeting a user or creating or appending data to a non-public profile regarding a user
(b) to inform or improve advertising targeting on behalf of any other advertiser or advertising network, or for your own purposes.
You may disclose Advertising Data:
(a) to your employees and affiliates who need to know such information solely to facilitate your delivery of Campaigns under this Publisher Agreement
(b) to a third party that is serving as a mediation or analytics provider to you in connection with delivering Campaigns we provide to you ("Campaign Partner") solely to the extent necessary for such Campaign Partner to deliver such Campaigns, and only if such Campaign Partner is subject to a written non-disclosure agreement with you that restricts the Campaign Partner's use and disclosure of Advertising Data solely to the scope contemplated by this clause
(c) on an Aggregated and Anonymous basis solely for reporting or marketing purposes.
(d) to the extent required to comply with a court order, law, or direction by a governmental or regulatory agency, provided that you first provide prior written notice to us of such anticipated disclosure and the opportunity for us to object to such disclosure or to seek confidential treatment of such Advertising Data.
Unless authorized by you, we will not disclose your Publisher Data except
(a) to provide Aggregated reporting to applicable Advertisers for Campaigns that occur on your social properties (provided that we may disclose to an Advertiser a list of all social properties where a Campaign ran so long as Ad Performance Data is Aggregated in such report).
(b) to disclose Ad Requests to third parties to facilitate and optimize the serving and delivery of Ads
(c) on an Aggregated and Anonymous basis solely for reporting or marketing purposes.
(d) to the extent required to comply with a court order, law, or direction by a governmental or regulatory agency. For clarity, we may use, collect and compile Publisher Data for our internal purposes, including delivering and targeting ads, reporting and inventory forecasting.
You will be solely responsible for your social properties, including development, marketing, operation and maintenance, and all materials that appear on or within your social properties. Also for the the technical operation of your social properties and all related stuff.
10. PUBLISHER RESPONSIBILITY
9.1 You shall not:
(a) Change your password of your social properties integrated with us. This will deactivate the integration and you will no longer get any post from our side. This will leads to an end of our Agreement with you (however if you changed the password you need to inform us immediately within 24 hrs so it will be integrated again. (We suggest not to change the password of your social properties unless necessary, this will brake the integration of your social properties with besocial and you/we have to integrate it again).
(b) by accessing the Services, store, transmit, distribute, disseminate, publish or post any material in such a way as to breach any applicable law or regulation or to infringe the rights of, or restrict or inhibit the access to and enjoyment of the Services by, any other person.
(c) by accessing the Services, deliberately, recklessly, or maliciously introduce any computer viruses, worms, software bombs or similar items on to any MobiDoWonders or third party systems.
(d) distribute the MobiDoWonders Materials to any third party with permission.
(e) assist or attempt to assist any third parties in obtaining access to the Services or the MobiDoWonders Materials.
9.2 You are not allowed
(a) to deleted any post form your social properties posted via Besocial (however if has been deleted or want to deleted for any reason that will be with prior information to our support team at email@example.com.
(b). to manipulate any post posted by us.
(c). to make changes in the post.
(d) to comment or post on your social properties, which is against the Advertisement Policies.This will hamper your Publisher Reputation with us.
(e) to disclose, share or forwards leads generated form the campaign of the client or advertiser.
One the other hand we recommend you to share our post as much as you can. Sharing is a good habit and this will also increase your reputation as a publisher.
11. PUBLIC COMMUNICATIONS
You will not issue any press release or make any other public communication with respect to this Publisher Agreement, your use of the Ads or Content, the Program or your participation in the Program. You will not misrepresent or embellish the relationship between you and us or any Advertiser (including by expressing or implying that we or they support, sponsor, endorse, or contribute to any charity or other cause), or express or imply any relationship or affiliation between you and us, any Advertiser, or any other person or entity except as expressly permitted by this Publisher Agreement.
12. RESERVATION OF RIGHTS; SUBMISSIONS
we reserve all right, title and interest (including all intellectual property and proprietary rights) in and to, and you do not, by virtue of this Publisher Agreement or otherwise, acquire any ownership interest or rights in or to, the Program, Ads, Content, any domain name owned or operated by us or our affiliates, our and our trademarks and logos, and any other intellectual property and technology that we provide or use in connection with the Program. If you provide us or any of our affiliates with suggestions, reviews, modifications, data, images, text, or other information or content about a product or in connection with this Publisher Agreement, any Content, or your participation in the Program, or if you modify any Content in any way, (collectively, "Your Submission"), you hereby grant us (even if you have designated Your Submission as confidential) a perpetual, paid-up royalty-free, nonexclusive, worldwide, irrevocable, freely transferable right and license to (a) use, reproduce, perform, display, and distribute Your Submission in any manner; (b) adapt, modify, re-format, and create derivative works of Your Submission for any purpose; (c) use and publish your name in the form of a credit in conjunction with Your Submission (however, we will not have any obligation to do so); and (d) sublicense the foregoing rights to any other person or entity. Additionally, you hereby warrant that: (y) Your Submission is your original work, or you obtained Your Submission in a lawful manner; and (z) our and our sublicensees' exercise of rights under the license above will not violate any person's or entity's rights, including any copyright rights. You agree to provide us such assistance as we may require to document, perfect or maintain our rights in and to Your Submission.
13. CHANGES TO THE TERMS
13.1 MobiDoWonders may make changes to the Terms of Service at any time. When these changes are made, updated Agreement can be viewed at http://www.mobidowonders.com/publisher-terms-of-services.
13.2 You understand and agree that if you use the Terms of Service after the date on which the Agreement has changed, MobiDoWonders will treat your use as acceptance of the updated Agreement.
14 GIFTS & OFFERS
15.1 All gifts (in form of products or services) & offers (in form of discounts, coupon code, tickets, free gifts, pass, exchange benefits and more) for publisher will be applicable to receive only after 3 months from the start date of the Agreement. Publisher will receive Gifts & Offer within 15 days once qualified as per the Publisher Benefit Slab (applicable after 3 months form the start date of the Agreement).
15.2 All Gifts & Offers will be from different companies and online shopping sites from Indian and other countries. All gifts & offers delivered to you at company cost (applicable only in India), except any extra or hidden cost required to deliver due to any unavoidable or unconventional reason.
15.3 All the gifts & offers will reach you via courier, mail, QR Code, SMS, MMS or through mobile coupon on your registered mobile number.
15.4 Gifts & offers varies from time to time and publisher to publisher. It depends on your current audience level.
15.5 The selection of gifts is as per the sole discretion of MobiDoWonders. MobiDoWonders reserves all rights to modify the terms and conditions of the gifts & offers etc., without any notice to the publishers. MobiDoWonders reserves the right to change or cancel Gifts or Offers as necessary or required.
15.6 MobiDoWonders will not be liable for any damage or loss (including but not limited to indirect or consequential loss) arising during transportation, quality, size or shape, validity, lost, theft, personal injury or death, or loss of, or damage to property, which is suffered or sustained in connection with the Gifts or Offer.
15.7 Any disputes with regards to Gifts & Offer will not be the responsibility of MobiDoWonders (however our team will assist you to solve the issue).
15.8 Gifts & Offers once provided will not be replaced, returned, in-cashed, exchanged with other products/services or transferred. Offers must be redeemed in full, partial redemption is not allowed. Gifts & Offers sent are not for sale.
15.9 MobiDoWonders reserves the absolute right to change/ modify/ withdraw/ suspend/ cancel/ discontinue this offer at any time without giving any notice and without assigning any reason.
15.10 Publisher can increase audience by adding more friend, fan pages, twitter followers and can maximize the benefits per year.
We may communicate with you in connection with your use of the Program electronically or if required direct by any of our team member. Any written notice or details we are permitted or required to send to you may be sent to the registered email address provided by you.