Terms & Conditions
This agreement contains the terms and conditions (hereafter referred to as: "Terms and Conditions") that are applied to all Publishers of the ColorClick advertising network (hereafter referred to as: the ColorClick Ad Network, or the ColorClick).
In order for a website to get approval for participation, and to ensure continued cooperation with the ColorClick Ad Network, all applicants (hereafter referred to as: 'Publishers' on condition that they are approved for participation by ColorClick) must fully agree to the following Terms and Conditions. In case a Publisher refuses or otherwise fails to comply with all or any provision of the Terms and Conditions in question, then the ColorClick (in addition to any other remedy available), may choose to terminate the participation of such reluctant Publisher in the ColorClick Ad Network. The ColorClick may as well withhold any payments connected with ColorClick Ad Network participation.
ELIGIBILITY REQUIREMENTS: The ColorClick has sole and absolute discretion as to accepting or declining a particular applicant or a certain site participation in the ColorClick Ad Network. Here are the examples of sites that are not eligible for ColorClick network participation:
Payment. Payment for the relevant portion of the Campaign is due within 30 days from the end of each calendar month (or part thereof) in which the Campaign has been run. The Company reserves the right to demand that payment shall be made in advance. All prepayments will be credited against Client's debt to the Company. Any outstanding amount shall bear interest at the rate of 1.5% per month from the invoice due date until fully paid.
- sites containing data that infringes anybody’s rights, including but not limited to copyright and other intellectual property rights;
- sites promoting copyright piracy: unauthorized MP3s, file sharing, torrent, 'warez', emulators, cracks, etc.
- sites containing any explicit material such as pornography, adult content, sexual or erotic material or resources containing links to such content;
- sites displaying violence, obscene or vulgar language, any abusive content that endorses or threatens physical harm;
- sites promoting hate-mongering of any kind: racial, political, ethnic, religious, gender-based, sexuality-based or personal hate and aggression, etc.
- sites participating in or transmitting spam of any kind (inappropriate news postings, unsolicited e-mails etc.)
- sites promoting or stipulating any type of illegal activity: building bombs, hacking, etc.
- sites having illegal, false or deceptive investment advice and money-making opportunities;
- sites providing incentives of any kind that require or make users to click on ad banners: charity, sweepstakes, etc.
- sites that are out of order, under construction or lack complete information at the moment;
- sites with extremely narrow and specific visitors, audiences or viewers;
- sites having any type of content that is considered to be improper or inappropriate by the public opinion;
RIGHT OF REFUSAL The ColorClick may refuse at its sole discretion any Publisher or any website and thus prevent its participation in the ColorClick Ad Network.
ABILITY TO ENTER INTO CONTRACT To be eligible for participation as a Publisher of the ColorClick, all participants must be at least 18 (eighteen) years of age. They also should be not less than their country's legal age for entering into contracts. All applicants of the ColorClick state and warrant that all information submitted to the ColorClick shall be true, updated, accurate and complete.
APPROVED URL Advertisements from the ColorClick Ad Network may only appear on URLs that are checked and accepted for participation by the ColorClick.
It is possible for Publishers to have more than one approved URL in their account. The ColorClick checks and approves each URL on a case-by-case basis.
Publishers are obligated to place the code of the ColorClick on all appropriate pages within an approved URL.
The term 'approved' used in this provision to describe URLs, does not mean that the ColorClick checks and approves the site content at any approved URL. The term means that the URL has been accepted for participation in the ColorClick Ad Network. The Publisher agrees to inform the ColorClick of any changes in the type of the site content where the approved URL is located. The ColorClick also reserves the right to check and review anew and re-approve any previously approved URL.
INTEGRITY OF THE ColorClick AD CODE Publishers have no right to alter, sell or disclose the insertion code of the ColorClick in any way. In some cases, the ColorClick can allow minor adjustments to the insertion code in case the Publisher receives the written consent of the ColorClick. The consent should be received in advance of the alteration in question. The ColorClick can send its consent via e-mail.
UNIQUE VISITORS The ColorClick Ad Network is a CPC (cost-per-click) campaign, where Publishers are paid per unique visitor. A 'unique visitor' is classified as a maximum of one visit from any valid IP address per twenty-four-hour period to each advertiser's website.
ORIGINATION OF ColorClick ADVERTISEMENTS All advertisements of the ColorClick must originate from the ColorClick ad server. Publishers should be aware of the fact that any stored or cached images loaded from any other source or location are not classified as an impression or click.
ADVERTISEMENT STATEMENTS Publishers are discouraged to place any notices in proximity to the advertisements of the ColorClick that can encourage or make users to click on the advertisement URL link. Nevertheless, Publishers can use 'click here to visit our sponsor' or 'to visit our advertiser, click here' notices.
AUTOSPAWNING ACTIVITY ALL PUBLISHERS ARE FORBIDDEN TO ENGAGE IN ANY FORM OF AUTOSPAWNING ACTIVITY UNDER ANY CIRCUMSTANCES. If a Publisher wishes to serve advertisements of the ColorClick on downloadable applications, they are obliged to notify the ColorClick beforehand. In case a Publisher serves advertisements of the ColorClick on downloadable applications, those advertisements may only be demonstrated once per user session (when the application is active and enabled). Publishers should remember that serving advertisements when the application is not active is prohibited. Violation of this rule may be the grounds for immediate termination.
PAGE OWNERSHIP The advertisements of the ColorClick may only appear on web pages that are directly owned, supported or controlled by the Publishers of the ColorClick Ad Network. Only the legal owner of a URL may submit it for the ColorClick approval and membership. Only one Publisher account may be opened for a specific URL. Only the URL that was checked and approved by ColorClick may contain the ColorClick advertisements. For instance, the ColorClick advertisements cannot be placed on sites providing its users with free-hosting, community or redirection services. It is not permitted to place the ColorClick ads on framed-content pages that Publishers provide no-proxy link.
PUBLISHER INVESTIGATION The ColorClick reserves the right to investigate any Publisher site at any time for failing to keep to the Terms and Conditions. The ColorClick has the right of performing compliance audits regularly.
FRAUDULENT IMPRESSIONS OR CLICKS Any method used to inflate the volume of impressions or clicks artificially and/or fraudulently is strictly forbidden. The ColorClick's advertising management system is solely responsible for counting qualifying traffic (i.e. impressions or clicks).
The prohibited methods of creating fraudulent traffic include (but are not limited to) framing an ad-banner's click-through destination, auto-spawning of browsers, blind text links, running 'spiders' against a Publisher's own website, automatic redirecting of all users, pop-up windows or any other way of generating automatic or fraudulent traffic such as click-throughs and/or impressions (as determined by the ColorClick that bases its methods on industry practices).
The ColorClick advertisements cannot be placed on pages that reload automatically. The code for ColorClick advertisements cannot be used on web pages other than those located at approved URLs. The ads in question cannot be distributed or submitted to any newsgroup, e-mail distribution list, chat room, guest books etc. that could lead to the execution of such code without a bona fide visit to approved URLs.
The ColorClick Publishers are forbidden to make their users to click on a ColorClick advertisement before entering a Publisher website or any other resource, as well as provide incentives of any nature to make users click on ColorClick advertisements.
REMOVAL FROM THE ColorClick Ad NETWORK The ColorClick reserves the right to suspend and/or terminate any Publisher’s or site’s Ad Network participation without giving any reasons in case the ColorClick reveals any violation of the Terms and Conditions.
Publishers who fail to keep to the Terms and Conditions of the ColorClick will be immediately deactivated. The ColorClick has the right to deactivate Publishers without a prior notification. Nevertheless, the ColorClick will make every effort to inform the Publisher in question about the end of partnership via e-mail provided by the Publisher. Publishers who violate the Terms and Conditions have no right to receive any credit or payment from the ColorClick. Publishers that are terminated by the ColorClick because of violation of the Terms and Conditions will be entitled to receive any payment due from the ColorClick.
As soon as a Publisher is terminated from the ColorClick Ad Network, this Publisher is obligated to immediately remove all Ad Network codes from all pages.
PUBLISHER PAYMENTS Publishers should provide their payment address and complete contact information (i.e. telephone number and e-mail address, account number). The ColorClick may inform the Publishers by a notice placed on its site and/or by sending an e-mail to the address listed in the Publisher profile. The ColorClick is not responsible for late or misdirected payments of earned revenue in case the Publishers fail to update this information.
As it was stated above, any site of any Publisher that the ColorClick removes from the Ad Network due to violation of the Terms and Conditions will receive no credit or payment. What is more, the ColorClick may withhold or cancel any payment due to any Publisher whose resource has dubious and/or problematic click-through rates (CTR), for instance, click-through rates that are outside the normal range of average sites.
TERMINATION Either party of the agreement may terminate cooperation and participation in the ColorClick Ad Network at any time. This party should provide notification via e-mail address (either provided by the Publisher or located on the ColorClick website).
INDEMNIFICATION The Publisher herby agrees to indemnify and hold the ColorClick and its affiliates, employees, agents and representatives safe and harmless against any and all claims, demands, liabilities, expenses, losses, damages and attorney fees arising from any and all claims and lawsuits for libel, slander, copyright, and trademark violation as well as all other claims resulting from (1) joining and participation of the Publisher in the ColorClick Ad Network, (2) work of the Publisher's web site or use of any URL offered to the ColorClick for participation in the ColorClick Ad Network or (3) any other relationship of the Publisher with the ColorClick. The Publisher also agrees to indemnify the ColorClick for any legal fees incurred by the ColorClick that acts to investigate or enforce its rights under this agreement.
AGREEMENT MODIFICATIONS The ColorClick reserves the right to change the Terms and Conditions at any time without any propr notice. The Publisher is responsible for checking and studying the recent copy of these Terms and Conditions from time to time in case the changes in question occur. In case the ColorClick offers any additional or replacement services, this agreement is applicable to all those services in the absence of any new agreement between the parties specific to such services.
QUESTION OF PUBLICITY Publishers grant the ColorClick their permission to refer to the Publisher and related sites in the ColorClick’s marketing materials.
DISCLAIMERS, EXCLUSIONS AND LIMITATIONS The ColorClick hereby expressly disclaims all representations and warranties. The Publisher hereby agrees that no representations or warranties are made by the ColorClick, either implied or express, statutory or otherwise concerning the ColorClick Ad Network or its operation.
The ColorClick expressly waives all implied warranties and conditions of merchantability, merchantable quality or fitness for purpose. Both parties waive application of the UN Convention on the International Sale of Goods. The Publishers understand and agree that their cooperation with the ColorClick Ad Network is at their own risk.
The ColorClick uses commercially reasonable means of granting a high standard of service, but the ColorClick does not guarantee (and has no liability in the event) that the Ad Network will be available at all times or that the ColorClick Ad Network will not face occasional periodic disruptions. The ColorClick shall not be liable for any direct, indirect, consequential, special, incidental or other damages incurred by Publishers from participation in the ColorClick Ad Network, whether it is based on a contract (including fundamental breach), tort (including negligence) or otherwise. The ColorClick's aggregate liability will in no event exceed the amount of fees then due to the Publisher as determined pursuant to this agreement.
ColorClick OWNERSHIP The Publishers agree that all information contained on the site operated by the ColorClick or its affiliates, and all information compiled by the ColorClick through operation of the ColorClick Ad Network, is the proprietary information of the ColorClick.
Personal data given by Publishers to the ColorClick are kept confidential and are not distributed (except in aggregate form) to any third party. Notwithstanding the abovementioned facts, the ColorClick reserves the right to identify the Publisher to a third party if the ColorClick, acting reasonably and in good faith believes (1) that the Publisher has infringed or violated the right of that third party with a site containing ads from the ColorClick Ad Network, or (2) that it is necessary to satisfy any applicable law or regulation, or follow a legal process or a government request, (3) that the disclosure of such information is data-required="true" to protect the ColorClick’s legal or proprietary interests.
DISPUTE SETTLING The ColorClick and the applicant/Publisher understand and agree that any dispute that might arise from participation in the ColorClick Ad Network and/or this agreement, shall be settled by means of binding arbitration that is to be conducted in accordance with the rules of the American Arbitration Association. Arbitration sittings shall take place at the location of the ColorClick's head office.
Thank you for deciding to cooperate with the ColorClick. We look forward to pleasant and fruitful work with you. Please, push the button below to continue with your application procedure.