Terms of Service
The following terms and conditions in this agreement, along with any additional documents issued in the process are the governing elements for your participation as a member “Affiliate” of the Advdoctor Affiliate Network. By signing this agreement the affiliate agrees to be bound by all the specified terms and conditions below which are to be amended occasionally by Advdoctor.
1. “Client” refers to a merchant of Advdoctor.
2. "Offer” refers to a marketing campaign published by Advdoctor on the Affiliate Platform, setting up an advertising campaign on behalf of a Client may be necessary in some cases, and it may contain additional terms either by the client or Advdoctor.
3. “Sub-Affiliate” means an independent third party working with the Affiliate.
4. "Affiliate website" the Affiliate's internet site which displays Advdoctor offers and promotions.
Advdoctor will give permission to Affiliate to access the affiliate platform as long as they remain compliant with the terms and conditions noted in this Agreement and in any additional policies or amendments established by Advdoctor in the future or from time to time, or incorporated by reference in this Agreement.
The Affiliate will be given a personal username and password to access the affiliate platform, neither of which may be used by or given to any person other than the Affiliate.
It is clearly agreed upon that by this agreement the sole intent of both parties is to establish a business relationship between Advdoctor and the Affiliate, and it is not the intention of either party to establish a joint venture or to make the affiliate an employee, agent, or partner of Advdoctor. Both parties clearly agree that they are independent contractors, and furthermore this agreement does not create a partnership in any sense. Nor did any of the parties provide each other the right or authority to handle, imply, express or oblige any matters on behalf or in the name of the other.
Advdoctor may, on its own discretion, analyze, confirm, or check any registration information provided by the affiliate for accuracy and reasons, If at any point Advdoctor determines the information provided by the Affiliate to be misleading, inaccurate or false, Advdoctor can deny, restrict, or remove the affiliate’s account, access, and of any other benefits given to the affiliate in the Affiliate Platform. Additionally Advdoctor may also withhold any payment that may be due to the affiliate.
The policies, specifications, and/or recommendations by Advdoctor in respect to affiliate websites, marketing strategies, or any other matter should not be regarded as legal advice or guideline that the affiliate websites, and marketing strategies is in compliance with law. Advdoctor does not warrant that these policies, specifications, and/or recommendations are legally compliant or appropriate. Advdoctor does not assume any responsibility and disclaims any liability for the use or reliance on these policies, specifications, and/or recommendations by the Affiliate.
Advdoctor’s Participation in the distribution of offers in the Affiliate platform is not an endorsement by Advdoctor of any client. Advdoctor is a Neutral host and operator of the offers program. Advdoctor is neither liable nor responsible for the acts, agreements or promises of any client or affiliate using the Advdoctor services.
Offers will be posted in the Affiliate Platform.
Advdoctor does not allow the promotion of offers on incentivized traffic.
Affiliate is granted a non-exclusive, limited, and amendable right to access offers from Advdoctor, and Affiliate is to publish the offers on the Affiliate website. All this must be done in accordance to this agreement and any other terms or conditions by Advdoctor as amended occasionally, and in accordance to the specific offers in use.
The affiliate must not change, alter, modify, or misrepresent any offer provided; this includes and is not limited to the text or images provided by or on behalf of the client or Advdoctor without being permitted in written consent by Advdoctor.
It is the responsibility of the affiliate to frequently check the Affiliate platform for any modifications or changes to the offers that the affiliate is running with Advdoctor.
Advdoctor is to give the affiliate a payout that will be calculated in accordance to the payment terms mentioned in the offers available on the affiliate platform.
The affiliate must understand and accept that payment may be delayed in case the Affiliate does not provide any information demanded by Advdoctor. This also means that Advdoctor is in no way to be held accountable for any losses, or expenses that may results out of such delay either directly or indirectly.
Advdoctor is not to be obligated to send due payment to any affiliate which does not exceed 25€, or a greater amount agreed on with the affiliate.
The payment to the affiliate will be made on the basis of records kept by Advdoctor in affiliate platform and as audited by the client occasionally. The Payment to the affiliates will only be sent after Advdoctor receives the payment from the client for each of the published offers.
In case Advdoctor decide in its own discretion, that an affiliate has participated or engaged in any activity that Advdoctor finds to be fraudulent or harmful to the Advdoctor brand and reputation, or causes any disrepute with clients, potential clients, or the general public. Or otherwise that the affiliate has indeed engaged in activities which are considered fraudulent, Advdoctor can but is not obligated to (a) remove or suspend the Affiliate’s membership in the Affiliate program, without any prior alert and (b) release the information relating to the Affiliate’s identity and location to any third party if required to enforce the Advdoctor terms and conditions.
In the case of removal or suspension of the Affiliate from the Affiliate program in accordance to this agreement, any payments due as specified by the terms of this agreement will be forfeited at the time of removal or suspension.
For the purposes of this agreement, activities that are considered fraudulent include but are not limited to:
1. An activity by an affiliate or anyone associated with the affiliate by law that may be directly or indirectly be aimed or intended to increase or inflate the payout to the Affiliate by Advdoctor.
2. The generation of results, impressions, clicks, sales or leads using incentivized traffic.
3. The generation of results, impressions, clicks, sales or leads by methods or tools other than the ones approved by Advdoctor.
4. An activity by an affiliate or anyone associated with the affiliate by law which is not in accordance with the Affiliate program and any activity that the client deems in its sole discretion to be fraudulent.
Advdoctor is allowed at any point of the agreement to audit the affiliate to determine the Affiliate’s compliance with law and this agreement, hence, the affiliate agrees to provide reasonable information upon request from Advdoctor to carry out its investigation for compliance with law and this agreement.
COVENANTS, REPRESENTATIONS AND WARRANTIES
The Affiliate warrants that:
1. Affiliate is authorized and capable to enter and abide by this agreement.
2. Affiliate is of at least 18 years of age.
3. There are no pending legal claims, actions or threats pending or due against the affiliate that it is aware of.
4. None of the websites associated with the affiliate directly or indirectly contains false, deceptive, or incentivized advertising or any machine readable code such as but not limited to virus, Trojan horse or other self-executing program.
5. The websites associated with the affiliate directly or indirectly are reputable and are in compliance with laws applicable in the jurisdiction in which the affiliate is situated or also where the affiliate is conducting business or markets offers.
6. Affiliate is legally allowed and authorized to use, display, or distribute all content copyrighted material, products and services appearing in its website or websites associated with the affiliate directly or indirectly, and Affiliate is not currently involved in any agreement or business relation that may inflict with this agreement.
The Affiliate convents and agrees that:
1. Affiliate will always and at all times be in compliance with laws applicable in the jurisdiction in which the affiliate is situated or also where the affiliate is conducting business or markets offers.
2. Affiliate will in no way be involved in or enter any agreement or business relationship which might incur damage to this agreement in the opinion of Advdoctor.
3. Affiliate will always and at all times in compliance with this agreement, and with Advdoctor policies as updated, modified or replaced by Advdoctor occasionally.
4. Affiliate will not allow or permit any person associated with the affiliate to use any third party trade name or trade mark without a written consent from Advdoctor.
5. Affiliate will not publish in any website or send any content, or link to any content, or otherwise participate or condemn any practice that is deemed by Advdoctor as deceitful, offensive, pornographic, violent, abusive, prejudicial, incentivized or illegal, on any other that may or is likely to harm the Advdoctor brand and reputation.
6. Affiliate will always comply with the terms and conditions of any agreement or policy specific to any offer the Affiliate is using.
7. Affiliate will comply with all online marketing laws and regulations, including CAN-SPAM Act of 2003 as amended or replaced from time to time.
8. Affiliate is solely responsible for the operation and development of its website or websites including and no limited to technical operation, maintenance, publication, and verification of accuracy of material and content published.
9. Affiliate is not to alter, modify, change, conceal, or cause to be inactive any tags, links, pixels, or any data provide to the affiliate by Advdoctor.
10. Affiliate will not alter any content or information provided by Advdoctor.
11. Affiliate will not frame or mirror any content hosted by the client without permission in the form of written consent from Advdoctor.
12. Affiliate will periodically provide Advdoctor with a valid and current telephone number, a valid electronic mail address, any other necessary identification and/or financial information deemed reasonable required by Advdoctor.
DISCLOSURE OF INFORMATION
Advdoctor may in its own discretion decide to disclose to the Affiliate some information relevant to Advdoctor Business, clients, other affiliates, agents, or employees; or otherwise data, reports, practices, strategies and methods, plans, charts, studies or all other information (which collectively is considered to be ‘confidential information’). The affiliate agrees and acknowledges that such information is to be provided upon the decision of Advdoctor to do so and the affiliate is not to obligate or demand such information from Employees, directors, or agents of Advdoctor.
Unless it is permitted, and expressed in writing by Advdoctor, the Affiliate covenants and agrees to use the confidential information solely for purposed mentioned in this agreement. And that this confidential information will not at any point be disclosed or provided to any third party affiliate, agent, sub-affiliate, or employee of the Affiliate without the written consent of Advdoctor.
In the case of termination of this agreement or if requested by Advdoctor, the affiliate agrees to deliver any and all notes, data, records, reports, or any other material containing confidential information recorded or written relating to Advdoctor and in the possession of the Affiliate or any party associated with the affiliate directly or indirectly.
The Affiliate acknowledges and agrees that:
1. The provisions of this section are essential to the agreement and the inducement to enter to this Agreement.
2. That the breach of this section causing any harm to Advdoctor or resulting in damages is not allowed, and in the case of such breach Advdoctor is entitled to seek under this agreement or other right accruing from this agreement or otherwise in law or equity, relief against the affiliate without need to prove actual damages incurred.
3. In spite of any other provision of this agreement, this section will stand even in case of termination of the agreement in any case.
DISCLAIMER AND LIMITATION OF LIABILITY
Advdoctor Claims all conditions and warranties, representations and guarantees with respect to any matter whether expressed or implied (including and not limited to any warranty of profitability, quality satisfaction, fitness for any particular, title and non-infringement).
In spite of any other provision to this agreement Advdoctor additionally disclaims all liabilities and obligations on the part of Advdoctor or any party associated with Advdoctor directly or indirectly for any damages including without limitation. Special, indirect, or ensuing damages. This applies even in the case of being advised of the possibility of such damages resulting out of or in association with this agreement.
Advdoctor can and may terminate this agreement after a (48) hours notice to the affiliate, and the affiliate can and may terminate this agreement after a (48) hours notice to Advdoctor.
In spite of termination to this agreement, the affiliate agrees to remain bound by certain sections of this agreement as specified in the according sections.
LAW AND JURISDICTION
The Agreement will be enforced and interpreted in accordance with the law and regulations of Switzerland, and excluding any section of the agreement that may be in conflict with its laws and regulations. The affiliate agrees to the sole jurisdiction of the supreme court of Bellinzona, Switzerland with respect to any conflict that may arise during or after this agreement.
Any information or noticed written and delivered to Advdoctor via facsimile, Electronic mail, or through the Advdoctor postal address will be considered to have been received on the date on which it has been transmitted.
None of the terms and conditions in this agreement will be considered excused in the case of breach, unless such excuse has been confirmed in writing and signed by both sides of the agreement.
In the case that any of the sections of this agreement is deemed enforceable or in conflict with the court’s jurisdiction, the remainder of the agreement will remain valid and applicable and will continue to be forced.
This agreement will remain in the benefit of and be binding upon the respective successors and assigns of both Advdoctor and the Affiliate.
This agreement is to be considered as the entire agreement between Advdoctor and the Affiliate in spite of any previous negotiations, representations, or agreements communicated orally or written.
Advdoctor may assign this agreement without the prior consent of the Affiliate, and the Affiliate may not assign this agreement unless permitted with a written consent from Advdoctor.
In the future, Advdoctor may amend or supplement, or change this agreement or any of Advdoctor’s Policies, in notice to the affiliate of no less than five (5) business day before to the affiliate.
This Agreement sets forth the entire agreement of the parties and supersedes any and all oral or written agreements or understandings between the parties as to the subject matter hereof. Only a writing signed by both parties may change this.
This statement was last modified on 2013.07.04