ADOperator User Conditons for Web Publicists
(User conditions for advertisers follow below)
Please read these user conditions as well as our publicist program policy
(the Policy) carefully before enrolling ADOperator's advertisement
program (the Program). Enrolling ADOperator's advertisement program
indicates that you accept these user conditions.
This agreement (the Agreement) between you and (You or Publicist) and
ADOperator AB company number SE556733941001(together the Parties or
alone a Part) consists of ADOperator's user conditions (the User
Conditions) for ADOperator's advertisement program. By You or Publicist
means the person and/or legal entity that has entered the Agreement by
enrolling in the Program or anyone who on behalf of You take part in the
Program.
1. Participation in the Program is subject to ADOperator's prior approval
and you must also follow ADOperator's Policy. By enrolling in the Program
You represent that You are at least 18 years old and agree that ADOperator
displays advertisement according to at each time reigning formats at your
website. Advertisement for the Program may be displayed when available
advertisement space occurs. There may be no compensation for Program
advertisement, since they aim to recruit more advertisers, thus benefitting
both You and ADOperator.
2. Parties' Responsibilities. You are solely responsible that your website
including all content as well as the ad code you acquire from ADOperator
is in compliance with the Policy. ADOperator is not responsible for
anything related to your website, including questions from the users of
Your website and transmission of data between Your website and ADOperator.
3.Termination. You may at any time terminate this agreement and stop
displaying advertisement by removing the ad code(s) supplied by ADOperator
and sending a written notice of Your desire to cancel Your participation in
the Program to support@adoperator.com. The Agreement will be terminated
within 10 business days from ADOperator's receipt of Your written notice via
e-mail. Under all circumstainces ADOperator owns the right to deliver sold
products on a publicists website even after the termination of Agreement.
4. Confidentiality. You agree not to communicate click rate, ADOperator
sofware, technology, development or other statistics and information
supplied by ADOperator with third parties, e.g. advertisers and other
web publicists.
5. No Guarantee. ADOperator does not give any guarantees regarding number
of clicks, exposures or revenue under this Agreement.
6. Payment. You generate revenue when visitors click on ads on Your website
or when advertisers choose to pay CPM/CPT/fast pris to be exposed on Your
website. If the Parties in writing (e-mail included) have not made another
agreement and provided that You have followed the Agreement and the Policy
ADOperator shall payout Your revenue to the bank account or similar You
have specified at Your ADOperator account no later than 60 days after
earning period if they exceed SEK 1000. In case Your revenue for a month
is lower than SEK 1000 it is added to next month's payout and so on. If you
do not have a VAT number, thus not representing a registered company,
ADOperator must according to prevailing laws withdraw employment tax and
income tax from Your revenue before payout. ADOperator reserves the right
to withdraw amounts equivalent to not paid advertiser invoices from Your
revenue before payout in order to avoid fraud. If the ad code is removed
from the website all earnings on the account will be considered as consumed
within 12 months if the account is not reactivated.
ADOperator also reserves the right not to payout balanced revenue if
advertisement has not been exposed due to the ad code not being on your
website in order to cover compensation to advertisers for absent
advertisement exposure.
7. Personal information. To enroll the Program You have to specify
personal information such as name, address, social security number and
bank account. ADOperator needs this information in order to payout revenue
to You. By enrolling the Program You give Your approval to ADOperator
saving your personal information. Your personal information will solely
ba available to ADOperator an no one else.
8. Bank details. Payout can be made to Swedish bank accounts or Bankgiro
or PlusGiro numbers. For payout to be possible personal information as well
as bank account number or giro number must be correctly specified on Your
ADOperator account. Private individuals must specify social security number
and registered companies must specify VAT number.
9. Marketing. You approve that ADOperator may use Your Name and logotype
in presentations, marketing material, customer lists, financial reports
as well as on ADOperator's website for marketing reasons without claim for
compensation. If You want to use ADOperator's name or logotype you may do
so as long as such use is in linje with this Agreement, the Policy and
prevailing laws.
10. Representation and Warranties. You represent and warrant that a) All
information You have specified and will specify to ADOperator is correct
and valid; b) You have full rights to register websites and/or
advertisement in the Program; c) You have full rights to enter into this
Agreement; d) You have followed and will continue to follow prevailing
laws and rules as well as the Policy.
11. ADOperator Rights. You admit that ADOperator owns all rights concerning
technology, software, code and whatever that is related to ADOperator's
operations and that You will not claim any rights other than what is
regulated in this Agreement. Du also admit that du will not modify, copy,
extend or in other ways take advantage of ADOperator's rights.
12. Your obligation to Indemnify. You agree to indemnify, defend and hold
ADOperator, its licensors, agents, affiliates, subsidiaries, directors,
officers, employees and applicable third parties (Indemnified Person(s))
harmless from and against any all third party claims, liability, loss and
expense brought against any of the Indemnified Person(s). You agree not to
hold any of the Indemnified Person(s) responsible for indirect or other
losses that may occur to You. This includes loss of revenue, goodwill or
data. Further, You agree not to hold Indemnified Person(s) responsible for
loss or damage that may occur to You because of Your trust in the
completion, accuracy or presence of any advertisement or a result of any
relation of transaction between You and third party whose advertisement
is displayed through the Program, Your negligence to provide ADOperator
with correct information or your failure to hold your password or account
details protected and confidential.
13. Amendments to the Agreement. ADOperator may from time to other make
amendments to this Agreement. In such cases a new version is immediately
posted on our website and will then replace this Agreement without further
notice. By continue using ADOperator's services You approve that You have
accepted and approved the amendments.
14. Dispute. Any dispute concerning validity, rendering or practise of
this Agreement shall be resolved according to Stockholm's Chamber of
Commerce's arbitration process.
ADOperator User Conditons for Advertisers
(User conditions for web publicists are found above)
Please read these user conditions carefully before enrolling ADOperator's
advertisement program (the Program). Enrolling ADOperator's advertisement
program indicates that you accept these user conditions.
This agreement (the Agreement) between you and (You or Advertiser) and
ADOperator AB (together the Parties or alone a Part) consists of
ADOperator's user conditions (the User Conditions) for ADOperator's
advertisement program. By You or Advertiser means the person
and/or legal entity that has entered the Agreement by enrolling in the
Program or anyone who on behalf of You take part in the Program. This
Agreement covers Your usage of ADOperator's products, software, services
and websites (the Services), which do not involve services for which you
have entered written agreements for with ADOperator AB, company number
SE556733941001.
1. Participation in the Program is subject to ADOperator's approval.
2. The Services. ADOperator constantly develops the Services in order to
improve the Services' experience and use. You approve that the appearance
and nature of the Services may be changed without notify You. You further
approve that ADOperator as part of mentioned improvements temporarily or
permanently at any time may stop providing the Services. You may stop using
the services at any time without giving ADOperator notice. You agree that
ADOperator at any time may limit the number of transactions You cause through
the Services or the storage space needed to supply a Service, even though
such limitations currently do not exist.
To enroll the Program ADOperator sometimes need personal/company information
from You. You represent and warrant that att information You give to
ADOperator is and always will be correct and up-to-date. You accept that
ADOperator use Your personal information to be able to supply the Services to
You and to nothing else. ADOperator warrants that your information will not
be given to third parties. You warrant that you will not participate in any
activity that direct or indirect interfere or disrupt the Services. You
further admit that You will not duplicate, copy, sell or change the Services
unless beforehand in writing approved by ADOperator.
3. The Services' Content. ADOperator reserves the right (but has no
obligation) to preview and prevent, remove or filtrate content that may be
perceived offensive. You approve that ADOperator (or ADOperators licensors)
has full ownership rights to the Services, including intangible rights
involved in the rights. You further accept that the Services may include
information that ADOperator considers confidetial and that You are forbidden
to spread such information without ADOperators written approval. You approve
that you do not use any company's, organisation's or other legal entities
name or brand in a way that may be perceived offensive of may be subject to
confusion.
4. License from ADOperator. ADOperator grant You a personal, royalty free,
non-exclusive license which is not alienable to use the Services. The only
reason with this license is for You to be able to use the Services according
to prevailing rules and recommendations. You must not change, create or in
other ways use ADOperator's source code in the Services unless in writing
approved by ADOpeator.
5. License for your material. You hold the copyright and all other rights
to your material You send or upload to ADOperator through the Services. By
sending och uploading material to ADOperator through the Services you grant
ADOperator a perpetual, irreversible, royalty free and non-exclusive license
to manifold, amend, translate, publish, present, display and distribute Your
material. The only reason with this license is for ADOperator to be able to
display, distribute and market the Services.
You approve that ADOperator makes your material available for third party in
order for ADOperator to fulfil its commitments concerning this Agreement. You
are aware of that ADOperator may, during execution of technical arrangements
needed to supply the Services to ADOperator's users, a) transfer or distribute
Your material across different networks och in different media; b) make
amendments in Your material in order to better serve its original purpose.
You warrant that you have complete rights to grant mentioned license.
6. Terminate relation. If no other agreement stating otherwise has been
entered into between the Paries, You may at any time terminate this legally
binding Agreement with ADOperator by a) In writing notice ADOperator this by
mailing ADOperator's head office and b) Close your user account for the
Services. Please note that deposits are non refundable unless special
arrangements have been made. ADOperator may at any time terminate
this Agreement if:
a) You have violated any of the regulations in this Agreement.
b) ADOperator is forced by law to do it (e.g. if carrying out the Services
becomes illegal).
c) Partner that ADOperator supply the services together with terminates the
cooperator or cease supplying the Services to you.
d) ADOperator hold likely that supplying the Services to you no longer is
commercial passable.
7. Limitations of Liability. You agree to indemnify, defend and hold
ADOperator, its licensors, agents, affiliates, subsidiaries, directors,
officers, employees and applicable third parties (Indemnified Person(s))
harmless from and against any all third party claims, liability, loss and
expense brought against any of the Indemnified Person(s). You agree not to
hold any of the Indemnified Person(s) responsible for indirect or other
losses that may occur to You. This includes loss of revenue, goodwill or
data. Further, You agree not to hold Indemnified Person(s) responsible for
loss or damage that may occur to You because of Your trust in the
completion, accuracy or presence of any advertisement or a result of any
relation of transaction between You and third party whose advertisement
is displayed through the Program, ADOperator's amendments to or termination
of the Services, Your negligence to provide ADOperator with correct
information or your failure to hold your password or account details
protected and confidential.
8. ADOperator Rights. You admit that ADOperator owns all rights concerning
technology, software, code and whatever that is related to ADOperator's
operations and that You will not claim any rights other than what is
regulated in this Agreement. Du also admit that du will not modify, copy,
extend or in other ways take advantage of ADOperator's rights.
9. Marketing. You approve that ADOperator may use Your Name and logotype
in presentations, marketing material, customer lists, financial reports
as well as on ADOperator's website for marketing reasons without claim for
compensation. If You want to use ADOperator's name or logotype you may do
so as long as such use is in linje with this Agreement, the Policy and
prevailing laws.
10. Representation and Warranties. You represent and warrant that a) All
information You have specified and will specify to ADOperator is correct
and valid; b) You have full rights to register websites and/or
advertisement in the Program; c) You have full rights to enter into this
Agreement; d) You have followed and will continue to follow prevailing
laws and rules as well as the Policy.
11. Amendments to the Agreement. ADOperator may from time to other make
amendments to this Agreement. In such cases a new version is immediately
posted on our website and will then replace this Agreement without further
notice. By continue using ADOperator's services You approve that You have
accepted and approved the amendments.
12. Dispute. Any dispute concerning validity, rendering or practise of
this Agreement shall be resolved according to Stockholm's Chamber of
Commerce's arbitration process.
User Conditions for Web publicists using AddMob
This agreement (the Agreement) between you and (You or Publicist) and
Mobile Marketing Scandinavia AB (AddMob), company number SE556697260901
through ADOperator AB company number SE556733941001 (together the Parties
or alone a Part) consists of AddMob's user conditions for their MMS Service
(the Service). By You or Publicist means the person and/or legal entity that
has entered the Agreement by enrolling in the Program or anyone who on behalf
of You take part in the Program. In order for the Agreement to be valid You
must have AddMob's code on your website. If that is not the case, the Parties
can disregard this Agreement.
Definitions:
Service. AddMob supplies a service that distributes pictures or other applicable
content from the Publicist's website(s) and delivers those in the shape of MMS
to Consumers mobile phones.
Contractual Period. In compliance with AddMobs general conditions.
Cost or Compensation. The Service is free of charge for the Publicist and the
Consumer. AddMod is responsible for advertisment sales in the Service. Contingent
revenue from the Servie accrue AddMob or of AddMob appointed partner.
Branding. AddMob have exclusive rights to Brand the messages that are being
distributed through the Service. The Publicist has the right to approve brands
exposed in the Service.
Publicist. Supplier of the content distributed via the Service.
Consumer. Third party using Mobile Operator services and taking part of content
in the Service.
Mobile Operator. Mobile Operators who AddMob or of AddMob appointed third party
entered into agreement with in order to facilitate the distribution of content and
payment.
§ 1 Introduction
1.1 These regulations inure unless other stated in this Agreement.
§ 2 Contractual Period
2.1 This Agreement is binding and inures during a test period of three (3) months
from approval. If the Agreement has not been terminated during the test period
it is extended with twelve (12) months. Termination of the Agreement must take
place minimum tree (3) months before each twelve (12) months period.
2.2 During the Contractual Period the Publicist stipulates to only use AddMob as
supplier of the Service.
§ 3 Implementation of the Service
3.1 AddMob is responsible for the Services to be implemented according to the
Agreement.
3.2 AddMob shall supply the Service defined in the Agreement.
3.3 The Publicist shall provide AddMob with instructions and other information
needed in order for AddMob to supply the Service. AddMob shall carry out the
Service in complience with such instructions and information as well as in
compliance with prevailing guidelines in the business.
3.4 The Publicisten is responsible, unless otherwise agreed in writing, for
coordination and organisation of the Service within his/her own operation.
3.5 The Publicist shall secure that the Service will not be used for mass marketing
unless the Publicist has the Consumers' permission to do so.
§ 4 Compensation
4.1 Compensation for AddMob's execution of the Service is stated in this Agreement.
4.2 Compensation for contingent services shall be regulated in additional agreement.
4.3 AddMob has the right to be reimbursed for contingent expenses regarding such
costs that the Publicist is liable to take. The reimbursement shall correspond
to expensed amounts and a reasonable supplement charge.
4.4 Prices, compensation or other amounts do not include VAT, duties, import fees or
other tax, fee och similar cost.
4.5 All payments shall be made in Swedish kronor (SEK).
§ 5 Payment
5.1 The Publicist is liable to pay for additional services in accordance with this
Agreement. Payment shall be made monthly in advance according to separate invoice.
The invoice shall define service and comprehensiveness of such service.
5.2 Payment shall be made latest 20 days from invoice date. Payment liability does not
depend on specific approval. Should the Publicist, despite specific reminder not
pay debt receivables, AddMob has the right to instantly stop supplying the Service
and be compensated for costs related to this.
5.3 Interest on overdue payment is applicable according to prevailing interest laws.
§ 6 Secrecy
6.1 The Parties are not obligated, during this Agreement's validity period or
thereafter, to extradite sensitive or confidential information about each other or
the Service to unauthorized. As confidential information does not mean information
that has already been publicly known or legitimately acquired from third party.
6.2 The Parties has the right to use each other's name for marketing purposes. AddMob
also has the right to display its name on everything produced in compliance with
this Agreement.
§ 7 Liabilities
7.1 AddMob's indemnity liability does only comprise compensation for direct damage
which AddMob caused intentionally or through negligence at a specific delivery
occasion. The liability does not comprise in direct damage, e.g. loss of profit
or saving, production lossy, loss of data, third party damage, consequential
damage, loss of income or other general capital damage. Further, AddMob's
liability does not cover damage related to relations which the Publicist is
responsible for, e.g. errors or failing content, service or information which is
supplied or should have been supplied by the Publicist.
7.2 The Publicist's indemnity liability in case of breach of agreement according,
comprice compensation for indirect damage such as loss of profit or saving,
production lossy, loss of data, third party damage, consequential damage, loss of
income or other general capital damage. The Publicist's liability does not cover
damage related to relations which AddMob is responsible for, e.g. errors or
failing content, service or information which is supplied or should have been
supplied by the AddMob.
7.3 The Publicisten is liable for that the content published through the Service is
in compliance with the copyright and other applicable laws.
7.4 AddMob is not liable for the content in the information the Publicist publishes
through the Service.
§ 8 Ownership Rights
8.1 AddMob has full ownership rights to the Service and to the space not used by the
Publicist in each message.
8.2 The Publicist obtain during the delivery of the Service usufruct of the Service.