Advdom.com Subscriber Agreement
Last Updated October 20, 2010
PLEASE READ THIS SUBSCRIBER AGREEMENT ("AGREEMENT") CAREFULLY BEFORE USING THE SERVICES OFFERED BY Advdom.com ("COMPANY"). BY CLICKING ON THE "I ACCEPT" BOX BELOW, YOU AGREE TO BECOME BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, CLICK ON THE "CANCEL" BUTTON AND YOU WILL NOT HAVE ANY RIGHT TO USE THE SERVICES OFFERED BY COMPANY. COMPANY'S ACCEPTANCE IS EXPRESSLY CONDITIONED UPON YOUR ASSENT TO ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, TO THE EXCLUSION OF ALL OTHER TERMS; IF THESE TERMS AND CONDITIONS ARE CONSIDERED AN OFFER BY COMPANY, ACCEPTANCE IS EXPRESSLY LIMITED TO THESE TERMS.
The Web pages available at www.Advdom.com, and all linked pages unless indicated otherwise ("Site"), are owned and operated by Company, and are accessed by you ("Subscriber") under the following terms and conditions:
ACCESS TO THE SERVICES. Subject to the terms and conditions of this Agreement, Company may offer to provide certain services that relate to facilitating the purchase and sale of Internet advertisements by bringing together Internet advertisers and publishers, as described more fully on the Site, and which are selected by Subscriber through the process provided on the Site ("Services"). Company may change, suspend or discontinue the Services (or Subscriber's access thereto) at any time, including the availability of any feature, advertisement, publisher or content, without notice or liability. Company reserves the right, at its discretion, to refuse to allow access to the Services to any applicant at any time. Company also reserves the right, at its discretion, to modify this Agreement at any time by posting a notice on the Site, or by sending Subscriber a notice via email or postal mail. Use of the Services by Subscriber following such notification constitutes Subscriber's acceptance of the modified terms and conditions. Subscriber certifies to Company that if Subscriber is an individual (i.e., not a corporation) Subscriber is at least 18 years of age. Subscriber also certifies that it is legally permitted to use the Services and access the Site, and takes full responsibility for the selection and use of the Services. This Agreement is void where prohibited by law, and the right to access the Site is revoked in such jurisdictions.
IMPLEMENTATION. Subscriber agrees to comply with the technical specifications provided by Company to enable proper display of the advertisements in connection with the Services, including without limitation by not modifying the JavaScript or other programming provided to Subscriber by Company in any way.
COMMUNICATIONS SOLELY WITH COMPANY. Subscriber agrees to direct to Company and not to any advertiser or publisher, as the case may be, all communications regarding any matter arising out of Subscribers use of the Services.
CONTENT. The Site and its contents are protected by Hong Kong SAR, CHINA and international copyright laws and are intended solely for the use of Company subscribers and may only be used in accordance with the terms of this Agreement in connection with authorized use of the Services. All materials displayed or performed on or accessible through the Site or Services (including, but not limited to text, graphics, articles, photographs, images, illustrations, audio clips and video clips, also known as the "Content") are protected by copyright. The term "Content" as used herein specifically includes any advertising or other content made available or submitted by any advertiser and any website or other content published by or associated with any publisher. Subscriber shall abide by all copyright notices, information, and restrictions contained in any Content accessed in connection with the Services. Subscriber acknowledges and agrees that if Subscriber uses any of the Services to contribute or make available Content, Company is hereby granted a non-exclusive, worldwide, royalty-free, transferable right to fully exploit such Content (including all related intellectual property rights) and to allow others to do so in connection with the Services and the Site. If Subscriber is a publisher, Subscriber grants Company the right to access, index, and cache Subscriber's website, or any portion thereof, including by automated means including Web spiders or crawlers.
RESTRICTIONS. Subscriber (whether a publisher, advertiser or otherwise) warrants, represents and agrees that it will not contribute, submit or make available through the Services, or use the Services in connection with, any Content that that: (i) is infringing, libelous, defamatory, obscene, abusive, offensive, violent or hateful; (ii) contains alcohol or drug abuse; (iii) violates any law or right of any third party; or (iv) promotes or facilitates any of the foregoing, whether directly or through a peer-to-peer network that is owned, operated or provided by Subscriber. Without limiting the generality of the foregoing, (i) if Subscriber is an advertiser, Subscriber agrees to comply with Company’s Advertiser Acceptable Use Policy, as the same may be updated from time to time in Company’s sole discretion (“Advertiser AUP”), and if Subscriber is a publisher, Subscriber agrees to comply with Company’s Publisher Acceptable Use Policy, as the same may be updated from time to time by Company in its sole discretion (“Publisher AUP”). If Subscriber is a publisher, Subscriber shall not, and shall not authorize or encourage any third party to (i) generate fraudulent impressions of or fraudulent clicks on any advertisement, including but not limited to through repeated manual clicks, the use of robots or other automated query tools and/or computer generated search requests, and/or the fraudulent use of other search engine optimization services and/or software; (ii) edit, modify, filter or change the order of the information contained in any advertisement, or remove, obscure or minimize any advertisement in any way; (iii) redirect an end user away from any Web page accessed by an end user after clicking on any part of an advertisement ("Advertiser Page"), provide a version of the Advertiser Page different from the page an end user would access by going directly to the Advertiser Page or intersperse any content between the advertisement and the Advertiser Page; or (iv) display any advertisements on any error page, registration or "thank you" page (e.g. a page that thanks a user after he/she has registered with the applicable website). Company reserves the right to remove any Content from the Site at any time, or to terminate Subscriber's right to use the Services or access the Site, for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if Company is concerned that Subscriber may have breached the terms of this paragraph), or for no reason at all, subject to the provisions of paragraph 15 (Termination). Subscriber is responsible for all of its activity in connection with the Services. Any fraudulent, abusive, or otherwise illegal activity is grounds for termination of Subscriber's right to use the Services or to access the Site. Use of the Site or Services to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material including materials that are deemed threatening or obscene, or engage in any kind of illegal activity is expressly prohibited. Subscriber will not run Mail list, Listserv, any form of auto-responder, or "spam" on the Site, or any processes that run or are activated while the Subscriber is not logged in.
DISCLAIMERS. Subscriber acknowledges and agrees that Company has no special relationship with or fiduciary duty to Subscriber and that Company has no control over, and no duty to take any action regarding: which users gains access to the Site or Services; what Content Subscriber accesses or receives via the Site or Services; what Content other subscribers may make available, publish or promote in connection with the Services; what effects any Content may have on Subscriber or its users or customers; how Subscriber or its users or customers may interpret, view or use the Content; what actions Subscriber or its users or customers may take as a result of having been exposed to the Content, or whether Content is being displayed properly in connection with the Services. Further, (i) if Subscriber is a publisher, Subscriber specifically acknowledges and agrees that Company has no control over (and is merely a passive conduit with respect to) any Content that may be submitted or published by any advertiser, and that Subscriber is solely responsible (and assumes all liability and risk) for determining whether or not such Content is appropriate or acceptable to Subscriber, and (ii) if Subscriber is an advertiser, Subscriber specifically acknowledges and agrees that Company has no control over any Content that may be available or published on any publisher website (or otherwise), and that Subscriber is solely responsible (and assumes all liability and risk) for determining whether or not such Content is appropriate or acceptable to Subscriber. Subscriber releases Company from all liability in any way relating to Subscriber's acquisition (or failure to acquire), provision, use or other activity with respect to Content in connection with the Site or Services. The Site may contain, or direct Subscriber to sites containing, information that some people may find offensive or inappropriate. Company makes no representations concerning any content contained in or accessed through the Site or Services, and Company will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Site or Services. Company makes no guarantee regarding the level of impressions of or clicks on any advertisement, the timing of delivery of such impressions and/or clicks, or the amount of any payment to be made to Subscriber in connection with the Services.
THE SERVICES, CONTENT AND SITE ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. COMPANY DOES NOT WARRANT THE RESULTS OF USE OF THE SERVICES, INCLUDING, WITHOUT LIMITATION, THE RESULTS OF ANY ADVERTISING CAMPAIGN, AND SUBSCRIBER ASSUMES ALL RISK AND RESPONSIBILITY WITH RESPECT THERETO. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO SUBSCRIBER.
COPYRIGHT DISPUTE POLICY. Please review Company's Copyright Dispute Policy. By registering as an advertiser and/or publisher, Subscriber agrees that the sole method for resolving complaints of copyright infringement if Subscriber believes that material or content residing on or accessible through the Site or Services infringes a copyright, shall be through the practices described in the Copyright Dispute Policy.
PRIVACY POLICY. Please review Company's Privacy Policy. By registering as an advertiser and/or publisher, Subscriber is consenting to the use of any personal information and non-personal information Company collects from Subscriber as described in the Privacy Policy. Without limiting the generality of the foregoing, by providing information to us, Subscriber acknowledges that Company operates in the Hong Kong SAR, CHINA and Subscriber agrees to permit Company to collect, transmit and use Subscriber’s personal information and non-personal information anywhere that Company deems necessary for the performance of Company’s Services -- including outside the country where Subscriber is located, across international boundaries and in the Hong Kong SAR, CHINA -- and that such use shall be subject to the terms and conditions stated in Company’s Privacy Policy and this Agreement.
EXCEPT AS DISCLOSED IN THE PRIVACY POLICY, (I) COMPANY MAKES NO GUARANTY OF CONFIDENTIALITY OR PRIVACY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED ON OR THROUGH THE SITE, SERVICES OR ANY WEBSITE LINKED TO THE SITE; AND (II) COMPANY WILL NOT BE LIABLE FOR THE PRIVACY OF E-MAIL ADDRESSES, REGISTRATION AND IDENTIFICATION INFORMATION, DISK SPACE, COMMUNICATIONS, CONFIDENTIAL OR TRADE-SECRET INFORMATION, OR ANY OTHER CONTENT STORED ON COMPANY'S EQUIPMENT, TRANSMITTED OVER NETWORKS ACCESSED BY THE SITE, OR OTHERWISE CONNECTED WITH SUBSCRIBER'S USE OF THE SERVICES.
REGISTRATION AND SECURITY. As a condition to using Services, Subscriber may be required to register with Company and select a password and Subscriber name ("Company User ID"). Subscriber shall provide Company with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of this Agreement, which may result in immediate termination of Subscriber's account. Subscriber may not (i) select or use as a Company User ID a name of another person with the intent to impersonate that person; (ii) use as a Company User ID a name subject to any rights of a person other than Subscriber without appropriate authorization; (iii) register for the Services using more than one Company User ID. Company reserves the right to refuse registration of, or cancel a Company User ID in its discretion. Subscriber shall be responsible for maintaining the confidentiality of Subscriber's Company password and for all activities that occur under Subscriber’s password or account. Subscriber agrees to (a) immediately notify Company of any unauthorized use of Subscriber’s password or account or any other breach of security, and (b) ensure that Subscriber exits from its account at the end of each session. Company cannot and will not be liable for any loss or damage arising from Subscriber’s failure to comply with this Paragraph 9.
INDEMNITY. Subscriber will indemnify and hold Company, its parents, subsidiaries, affiliates, officers and employees, harmless, including costs and attorneys' fees, from any third party claim proceeding, suit, investigation or demand due to or arising in whole or in part out of Subscriber's access to the Site, use of the Services, the violation of this Agreement by Subscriber (including, without limitation, the violation of the Publisher AUP and/or the Advertiser AUP), or the infringement by Subscriber, or any third party using the Subscriber's account, of any intellectual property or other right of any person or entity. Subscriber agrees that Company will have sole and exclusive control over the defense and settlement of any such third party claim.
LIMITATION OF LIABILITY. IN NO EVENT SHALL COMPANY BE LIABLE WITH RESPECT TO THE SITE OR THE SERVICES (I) FOR ANY AMOUNT IN THE AGGREGATE IN EXCESS OF THE FEES PAID BY SUBSCRIBER THEREFOR; OR (II) FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO SUBSCRIBER. SUBSCRIBER AGREES THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION AGAINST COMPANY ARISING OUT OF OR RELATED TO USE OF THE SERVICES OR THIS AGREEMENT MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.
FEES AND PAYMENT.
Some of the Services require payment of fees. Subscriber shall pay all applicable fees, as described on the Site in connection with such Services selected by Subscriber. Subscriber agrees that Company may offset any amount owed to Subscriber in Subscriber’s capacity as a publisher by any amount owed by Subscriber to Company in Subscriber’s capacity as an advertiser.
If Subscriber is an advertiser: Subscriber shall pay all applicable fees, as described on the Site in connection with such Services selected by Subscriber. Company reserves the right to change its price list and to institute new charges at any time, upon prior notice to Subscriber, which may be sent by email or posted on the Site. Amounts due shall be calculated solely based on records maintained by Company. No other measurements or statistics of any kind shall be accepted by Company or have any effect under this Agreement. Company reserves the right to suspend any advertisement in the event of non-payment by Subscriber of any amount owed to Company. Amounts that remain unpaid after their due date shall accrue late payment interest thereafter in the amount of 1.5% compounded monthly or the highest rate that is legally allowable under applicable law, whichever is less. In the event that Company institutes legal proceedings to collect any amount outstanding to Company, Subscriber shall be liable for any resulting collection costs (including reasonable attorneys’ fees). Subscriber agrees to the terms of Company’s Refund Policy, as the same may be updated from time to time by Company in its sole discretion. Subscriber agrees to pay all applicable taxes or charges imposed by any government entity in connection with Subscriber's use of the Services. Subscriber agrees that Company may apply any overpayment by Subscriber on one account to set-off an amount owing on another related account or to pay any amounts that are past due to Company for a period of 90 Days. Subscriber agrees to pay all sales, use and other applicable taxes or charges imposed by any government entity in connection with Subscriber's use of the Services.
If Subscriber is a publisher: Subscriber shall receive as payment a percentage of the sale price of advertisements displayed in connection with Subscriber's website as determined by Company for Subscriber's use of the Services. Subscriber's payable revenue shall be determined on the first day of each month, on which day those revenues accrued to Subscriber's account sixty (60) or more days earlier shall become eligible to be paid. Payments to Subscriber shall be sent by Company within approximately ten (10) days of the previous calendar month end, if Subscriber's earned balance is greater than or equal to Subscriber's minimum check amount. If Subscriber's earned balance is less than Subscriber's minimum check amount, no check shall be sent and the Company shall make the aforesaid determination anew on the first day of the following month. Subscriber agrees that (i) any payments that may become due to Subscriber (as described on the Site) are specifically conditioned upon Company's receipt of full payment from the applicable advertiser, and that any such payments do not become due to Subscriber until 60 days after Company's receipt of full payment from the applicable advertiser, and (ii) if Company does not receive the applicable payment in full from any such advertiser, or Company’s payment from advertiser is later reversed at any time, Company may debit Publisher’s account or reverse or stop payment on any payment previously made to Publisher in respect of such advertisements, and Company shall have no liability or responsibility to Subscriber (and Subscriber hereby releases Company) with respect thereto. If Subscriber disputes any payment made in connection with the Services, Subscriber must notify Company in writing within thirty (30) days of any such payment. Failure to so notify Company shall result in the waiver by Subscriber of any claims related to such disputed payment. Company shall not be liable for any payment based on (i) any fraudulent impressions, clicks or acquisitions generated by any person, robot, automated program or similar device, as reasonably determined by Company; (ii) advertisements delivered to end users whose browsers have JavaScript disabled; (iii) impressions clicks or acquisitions commingled with a significant number of fraudulent impressions clicks or acquisitions described in (i) above, (iv) any impressions, clicks or acquisitions that arise in whole or in part as a result of any violation of Company’s Publisher AUP (including any clicks, impressions or acquisitions that result from a publisher site that violates the Publisher AUP); or (v) any impressions, clicks or acquisitions that arise as a result of another breach of this Agreement by Subscriber for any applicable pay period. Company reserves the right to withhold payment or charge back Subscriber's account due to any of the foregoing or any breach of this Agreement by Subscriber. In addition, if Subscriber is past due on any payment to Company in connection with the Services (for example, from Subscriber’s use of the Services as an advertiser), Company reserves the right to withhold payment until all outstanding payments have been made. All payments to Subscriber are contingent upon, and will be made pursuant to Company’s Publisher Payment Policy, as the same may be updated from time to time by Company in its sole discretion. Without limiting the generality of the foregoing, Publisher acknowledges and agrees that checks payable to Publisher that are not cashed within 180 days from the date of issuance will be cancelled by Company and will not be reissued, and in the event of such cancellation, Publisher irrevocably waives any right to payment of amounts represented by such checks. Subscriber agrees to pay all income taxes and other applicable taxes or charges imposed by any government entity in connection with Subscriber's use of the Services.
CONFIDENTIALITY. Subscriber agrees not to disclose Company Confidential Information without Company's prior written consent. "Company Confidential Information" includes without limitation: (i) all Company software, technology, programming, technical specifications, materials, guidelines and documentation Subscriber learns, develops or obtains that relate to the Services or the Site; (ii) click-through rates or other statistics relating to Site performance in the Services provided to Subscriber by Company; and (iii) any other information designated in writing by Company as "confidential" or any designation to the same effect. "Company Confidential Information" does not include information that has become publicly known through no breach by Subscriber or Company, or information that has been (a) independently developed without access to Company Confidential Information as evidenced in writing; (b) rightfully received by Subscriber from a third party; or (c) required to be disclosed by law or by a governmental authority.
USE OF AGGREGATE INFORMATION; MARKETING RIGHTS. Company may share aggregate (i.e., not personally identifiable) information about Subscriber with advertisers, publishers, business partners, sponsors, and other third parties. Additionally, Subscriber grants to Company a non-exclusive license to republish in any medium advertisements, web pages, banners, interstitials or other content for purposes of marketing Company products and Services.
TERMINATION. Either party may terminate the Services at any time by notifying the other party by any means. Company may also terminate or suspend any and all Services and access to the Site immediately, without prior notice or liability, if Subscriber breaches any of the terms or conditions of this Agreement. Any fees paid hereunder are non-refundable and non-cancelable. Upon termination of the Subscriber's account, Subscriber's right to use the Services will immediately cease and Subscriber will remove all Company HTML code from Subscriber's websites. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, indemnification provisions, warranty disclaimers, and limitations of liability.
REPRESENTATIONS AND WARRANTIES. Subscriber represents and warrants that (i) Subscriber is the owner of each website Subscriber designates in connection with the use of Services or that Subscriber is legally authorized to act on behalf of the owner of such website for the purposes of this Agreement, and (ii) Subscriber has all necessary right, power and authority to enter into this Agreement and to perform the acts required of Subscriber there under hereunder; (iii) when participating in Company’s network as an advertiser, Subscriber will comply with Company’s Advertiser AUP; (iv) when participating in Company’s network as a publisher, Subscriber will comply with Company’s Publisher AUP, and (v) each of Subscriber's websites and any material displayed therein: (a) comply with all applicable laws, statutes, ordinances and regulations; (b) do not breach and have not breached any duty toward or rights of any person or entity including, without limitation, rights of intellectual property, publicity or privacy, or rights or duties under consumer protection, product liability, tort, or contract theories; and (c) are not hate-related in content.
MISCELLANEOUS. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. Company shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Company's reasonable control. If any provision of this Agreement is found to be unenforceable or invalid, the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of this Agreement shall remain in full force and effect. This Agreement is not assignable, transferable or sublicensable by Subscriber except with Company's prior written consent. This Agreement shall be governed by and construed in accordance with the laws of the Hong Kong SAR, CHINA without regard to the conflict of laws provisions thereof. Both parties agree that any dispute arising under this Agreement shall be subject to the exclusive jurisdiction of the state or federal courts sitting in Hong Kong SAR, CHINA and waive any objection they may have to such jurisdiction, including on the ground that it is an inconvenient forum for the resolution of a dispute hereunder. Both parties agree that this Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement, and that all modifications must be in a writing signed by both parties, except as otherwise provided herein. No agency, partnership, joint venture, or employment is created as a result of this Agreement and Subscriber does not have any authority of any kind to bind Company in any respect whatsoever. Subscriber agrees that, except as otherwise expressly provided above, there shall be no third-party beneficiaries to this Agreement.
歡迎您申請 Advdom.com 廣告交易平台會員,此廣告平台由百本廣告有限公司提供,在此之前請您仔細閱讀下面的服務條款。Advdom.com 廣告交易平台,是新型互動性廣告平台,旨在為眾多需要網絡推廣的用戶提供了一個便利的雙向交易場所。任何一個註冊用戶,即是賣家,也是買家,可方便地進行多種類型的廣告交易。平台為用戶提供準確可靠的流量統計,認真周到的客戶服務,並有效維護交易雙方的公平公正合理。交易平台提供的服務將完全按照其發佈的本服務條款、交易平台使用流程嚴格執行。成員必須完全同意所有本服務條款以及相關使用流程,在完成註冊程式、並經 Advdom 網確認後,才能成為"Advdom.com 廣告交易平台"的加盟成員。
一.申請資格
本服務條款中所指的平台會員是指下述符合要求的網站所有人:
(1)個人網站:網站的所有人應為擁有香港特別行政區公民資格,具有完全的民事行為能力,並能夠獨立承擔法律責任的自然人。個人網站包括但不限於:論壇,社區,博客,綜合性網站。
(2)商業網站:商業網站是指除個人網站之外的,從事商務行為的企業法人、實體、組織機構等所擁有的網站。商業網站的所有人應為在香港特別行政區領域內合法登記註冊的企業法人或實體、組織機構。
(3)對網站的要求:交易平台會員應保證其向流量平台提交的網站已經獲得了政府有關部門的所有許可和批准,有權進行網站的運行和經營。網站的經營嚴格遵守相關法律法規,網站所進行的市場開拓、廣告宣傳及相關經營活動合法。網站不得包含下列內容:(以下簡稱“違法內容”)
A.反對憲法所確定的基本原則的;
B.危害國家安全,洩露國家秘密,顛覆國家政權,破壞國家統一的;
C.損害國家榮譽和利益的;
D.煽動民族仇恨、民族歧視,破壞民族團結的;
E.破壞國家宗教政策,宣揚邪教和封建迷信的;F.散佈謠言,擾亂社會秩序,破壞社會穩定的;
G.散佈淫穢、色情、賭博、暴力、兇殺、恐怖或者教唆犯罪的;
H.侮辱或者誹謗他人,侵害他人合法權益的;
I.侵犯他人知識產權的,包括但不限於專利權、商標權、著作權;
J.侵犯他人商業秘密的;
k.含有法律、行政法規禁止的其他內容的。無論個人網站還是商業網站,網站的所有人對自己的主頁應具有完全的所有權、使用權、決策權等相應權利,並確保其網站的網頁能夠在800x600的解析度下正常顯示。
(4)網站的所有人必須擁有一個固定的常住位址或辦公位置,並具有經常上網收發電子郵件的能力。
(5)對於被 Advdom 暫時停止或者永久終止帳戶的成員, Advdom 將不再提供本流量平台項下的系列服務。
(6)所有網站主之加盟網站必需於首頁內最少顯示及提供一個固定位置放置 Advdom 網廣告;同時不得與其他非 Advdom 網的廣告交提出現, 且有關廣告需置於當眼處及有一定面積及正常顯示Advdom.com 之Logo,讓管理員通過有關審核及結算時讓財務人員審核,否則有關獎金將不會發放及另行通知,直至廣告於首頁顯示滿30日再由管理員及財務人員通過有關審查,有關之獎金才會一次過發放。
二.交易平台會員註冊程式
(1)在按照流量平台網頁提示註冊並提交詳細資料後, Advdom 將在兩個工作日內審查資格,並發出確認或者拒絕加入交易平台的郵件。
(2)確認成為正式會員即可在交易平台中進行交易,所有的會員操作包括各種說明都能夠在會員區中獲取。
三.交易平台會員的權利
(1)交易平台會員在註冊登記、得到交易平台的確認後,正式成為“Advdom.com 廣告交易平台”的平台會員。享有交易平台提供的服務。
(2)流量買賣費用結算:交易平台和會員根據“合約週期”、“合約期內獨立IP數”及“合約單位價格”得出的“合約金額”,進行結算。
(3)付費方式:
A.合約完成或者中止後,按照合約發生金額,流量平台將生成合約報表,供成員在登錄介面中查看。
B.按照上述報表反映的實際金額,來確定網站的廣告發佈收入。通常交易平台在下個月的日至日進行費用的統計和核對。如果沒有出現會員違規情況,將在審核工作結束後,按照實際結果向會員支付費用。
C.支付費用的最低數額為港幣伍佰元整,如果當月結算的總額少於港幣伍佰元,費用將會被累計到下個月一併結算。
四.平台會員的義務
(1)平台會員必須保證其網站的所有網頁不包含任何本條款第一條。
(2)條款定義的違法內容、並且保證不連接到含有違法內容的網頁。
(3)如果會員提供給流量平台的資料、信息等發生變化,包括網頁位置、Email、聯絡電話等,應立刻通過會員區中的個人資料修改及時更改。
(4)在保障買賣雙方利益的合理範圍內,交易平台有權隨時單方面決定更改本服務條款。更改的同時,將在"Advdom.com 廣告交易平台"上刊載公告,通知平台會員。經修訂的通知一經公佈後,立即自動生效。如會員對新修訂的條款有異議,並不予認同,會員可與交易平台協議終止事宜,此前的獎金結算仍正常有效;
(5)本服務條款變更後,如會員繼續使用流量平台提供的服務,則表示平台會員接受經修訂的服務條款。如會員不同意服務條款的相關變更,應書面通知交易平台。自交易平台接到會員的書面通知起,視為該平台會員自動退出本流量平台。
(6)網站主向 Advdom 申請所賺得的獎金之前,必須要確認 Advdom 提供的廣告在網站主方的網頁上,否則 Advdom 有權拒絕向網站主方發放獎金。
(7)會員在Advdom.com 廣告交易平台上作出辱罵本網站任何之言語、留言及攻擊等行為,不論任何情況下,本網站有權終止所有任何在線廣告,而不另行通知,該網站亦會被上載到本網站列作黑名單及永久終止與本網站之合作關係。
(8)會員對所有來自Advdom.com ,或來自向交易平台提供服務的第三方網站、公司,或來自與 Advdom 有合作關係的第三方的廣告內容、文本、圖像等,未經 Advdom 或有關第三方同意,不得對其進行任何形式的修改、補充、變更。
(9)在網站主結算前及結算後,網站主不得在自行申請結算後在本網站會計小組未審查、清算及發放獎金前刪除在 Advdom 上的網站資訊及代碼,否則該網站主所賺得的獎金全歸為零元,網站主無權追究,該責任完全由網站主方自行承擔!另外;網站主30天內未有使用廣告代碼或點擊過/或未有放上於所登記之網站上, Advdom 系統有權自動將所得的獎金清除及停止有關戶口 ,網站主必需清楚知道及在同意下方可登記使用本網站之系統。
(10)會員不可擅自修改來自Advdom.com ,或來自向交易平台提供服務的第三方網站、公司,或來自與Advdom.com 有合作關係的第三方的廣告原代碼;未經交易平台同意,也不得將此原代碼提供給其他任何第三方使用、參考等。否則,由此產生任何第三方向 Advdom 的追償、索賠,交易平台有權向會員追償。
(11)每個網頁最多可以使用3個Advdom.com 廣告代碼或3個Advdom.com 廣告橫額,否則 Advdom 有權不審核加盟主的廣告及該等行動視為作弊行為,本網將取消與該網站之所有費用及停止及作夥伴關係。
五.違約責任
(1)交易平台嚴禁通過設備、程式以及其他不合法的手段提高個人收入,或者使用任何手段損害其他會員利益。一經發現,交易平台有權立即取消其會員資格,中止正在履行的合約,並追回已經支付的全部廣告發佈費,交易平台保留進一步追索責任的權利;同時,該會員必須承擔因此給交易平台帶來的所有損失。
(2)會員承諾其向交易平台提交的任何資料,包括但不限於其註冊信息、網頁位置,聯絡方式等的真實性。 Advdom 不承擔對上述資料的真實性的審查責任。但是,一旦 Advdom 發現平台會員提供虛假信息或採取其他欺騙手段,有權暫停或終止平台會員的帳戶,並保留追究平台會員責任的權利。
(3)平台會員承諾,其在流量平台中的任何行為均不會使Advdom.com 、交易平台的其他會員、Advdom.com 的任何其他用戶、向Advdom.com 提供服務的第三方網站、公司,或與Advdom.com 有合作關係的第三方承擔任任何法律責任和處罰。否則,會員應作出相應的賠償。
(4)在不限制任何其他補救措施的前提下,Advdom.com 倘若發現會員從事涉及交易平台網站的詐騙等非法活動、或其他有可能損害Advdom.com 、交易平台的會員、Advdom.com 的任何其他用戶、向Advdom.com 提供服務的第三方網站、公司,或與Advdom.com 有合作關係的第三方的利益時,Advdom.com 可暫停或終止平台會員的帳戶,並有權停止支付、返還相關費用。
(5)會員同意,因會員違反本服務條款或在本服務條款中提及的應遵守的其他檔,或因平台會員違反了法律或侵害了第三方的權利,而使第三方對Advdom.com 及其子公司、分公司、董事、職員、代理人提出索賠要求(包括但不限於司法費用和其他專業人士的費用),平台會員必須全額賠償給Advdom.com 。
六.不可抗力
對於因Advdom.com 合理控制範圍以外的原因,包括但不限於自然災害、罷工、騷亂、物質短缺或定量配給、暴動、戰爭行為、政府行為、通訊或其他設施故障或嚴重傷亡事故等,致使新Advdom.com 延遲或未能履約的,Advdom.com 不對平台會員承擔任何責任。
七.解釋
本流量平台協議的所有解釋權屬於 Advdom.com。
八.仲裁
因本服務條款或交易平台服務所引起平台會員與 Advdom 網之間的任何爭議,應提交香港特別行政區仲裁委員會並根據其適用的仲裁規則進行仲裁裁決。任何該等爭議應單獨地仲裁,不得與任何其他方的爭議在任何仲裁中合併處理。仲裁應在香港特別行政區進行,而仲裁裁決可提交對其有管轄權的任何法院予以強制執行。在仲裁進行期間,可向香港特別行政區內具有管轄權的法院尋求為保護平台會員或 Advdom 的權利或財產所需的任何臨時或初步補救措施,包括但不限於財產保全或證據保全措施。
九.附加條款
成員放置廣告代碼的網址,如屬於如下內容的網站,將不給予審核通過及取消所有獎金:
1、包含色情、反動、違法內容的。
2、利用不雅、不實之文字描述、說明。
3、提供不能兌現之額外服務或者虛假之額外服務,利用手機或短信服務代收費的。
4、提供未有授權的影視類下載及直播內容。
5、利用惡意代碼強制改變用戶電腦設置,且導致不能正常恢復的。
6、單一頁面或透過電郵群發到他人郵箱純推廣代碼的。
7、站點推廣代碼繁多,或是推廣代碼投放環境低劣的不予審核通過。
8、網站均不能以人為或透過漫遊器的方式,產生無效點擊,同時亦不可 點擊您自己網站上的廣告或在你的網站上內要求他人去點擊廣告,這是屬於違反此政策之行為,因此無論如何,請不要點擊這些廣告。 我們會監控所有的 點擊活動並記錄有關作弊戶口及IP地址,並停用任何違反此政策帳戶,亦會把而有關戶口內之所有收入退回廣告主。