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GAMETREAT’S TERMS AND CONDITIONS
BY SUBMITTING YOUR INFORMATION IN THE PUBLISHER REWARD PROGRAM SIGN UP / REGISTRATION PAGE (WHICH INFORMATION IS THEN DEEMED YOUR "REGISTRATION") YOU CONFIRM THAT YOU HAVE READ AND UNDERSTOOD THESE TERMS AND CONDITIONS AND THE LICENSE AGREEMENT AND THAT YOU UNEQUIVOCALLY AGREE TO BE BOUND BY ALL THESE TERMS AND CONDITIONS, AS AMENDED FROM TIME TO TIME, WHICH SHALL THEN CONSTITUTE A VALID AGREEMENT BETWEEN YOU ("YOU", "YOUR") AND EXENT, AND BY THE LICENSE AGREEMENT, AS AMENDED FROM TIME TO TIME,. PLEASE CAREFULLY READ ALL OF THE TERMS AND CONDITIONS CONTAINED HEREIN, AND IF YOU DO NOT AGREE TO ANY OF THEM OR TO ANY PROVISION OF THE LICENSE AGREEMENT, DO NOT SUBMIT THE REGISTRATION AND DO NOT USE THE APPLICATION AND/OR ANY PART THEREOF WITH RELATION TO THE PUBLISHER REWARD PROGRAM.
THESE TERMS AND CONDITIONS MAY AT ANY TIME BE AMENDED BY EXENT AT ITS SOLE DISCRETION, THEREFORE YOU ARE REQUIRED TO PERIODICALLY REVIEW THE VERSION POSTED HERE, WHICH IS DEEMED THE BINDING VERSION. CONTINUED USE OF THE APPLICATION AFTER YOU BECOME A PUBLISHER IN THE PUBLISHER REWARD PROGRAM (AND UNTIL YOUR PARTICIPATION IN THE PUBLISHER REWARD PROGRAM IS TERMINATED PURSUANT TO THESE TERMS AND CONDITIONS) AFTER IMPLEMENTATION OF ANY AMENDMENTS HERETO SHALL CONSTITUTE YOUR ACCEPTANCE AND AGREEMENT TO ABIDE BY THEM.
PURSUANT TO ANY APPLICABLE STATUTES, REGULATIONS, RULES AND OTHER LAWS, YOU AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS AND OTHER RECORDS AND TO ELECTRONIC DELIVERY OF NOTICES AND RECORDS OF TRANSACTIONS RELATED TO YOUR ENGAGEMENT WITH EXENT WITH RELATION TO THE PUBLISHER REWARD PROGRAM, AND WAIVE ANY RIGHT AND/OR REQUIREMENT UNDER ANY STATUTES, REGULATIONS, RULES OR OTHER LAWS IN ANY JURISDICTION WHICH REQUIRE AN ORIGINAL SIGNATURE OR DELIVERY AND/OR RETENTION OF NON-ELECTRONIC RECORDS.
SPECIAL NOTICE FOR NON-ENGLISH SPEAKERS: THE APPLICATION AND THE PUBLISHER REWARD PROGRAM ARE SUITED PRIMARILY FOR USE BY ENGLISH SPEAKERS AND THEREFORE THESE TERMS AND CONDITIONS ARE WRITTEN IN ENGLISH. IF YOU ARE NOT PROFICIENT IN ENGLISH AND FEEL THAT YOU CANNOT PROPERLY UNDERSTAND THESE TERMS AND CONDITIONS, WE RECOMMEND THAT YOU EITHER RETAIN THE HELP OF AN ENGLISH SPEAKER TO HELP YOU UNDERSTAND THEM OR, ALTERNATIVELY, REFRAIN FROM SUBMITTING THE REGISTRATION AND FROM USING THE APPLICATION WITH RELATION TO THE PUBLISHER REWARD PROGRAM.
1. Participation in the Publisher Reward Program
To participate in the Publisher Reward Program You must be in compliance with the eligibility requirements applicable in the License Agreement to the Licensee, as such term is defined therein ("the Licensee").
To apply for participation in the Publisher Reward Program You must submit Your Registration at: Sign up for the GameTreat Rewards Program. Any and all information You provide in Your Registration must be accurate and complete, and if at any time thereafter any of it changes (whether before Exent's response to Your Registration or after You become a publisher in the Publisher Reward Program) You must immediately provide Exent the updated information, in writing. Neither in Your Registration nor with respect to any other information You provide to Exent, may You use any aliases or other means to mask Your true identity or contact information.
If You are an entity then the person who submits Your Registration on Your behalf represents and warrants that he/she is authorized by You to fill and submit Your Registration.
Exent will review Your Registration and notify You (in the Publisher console) whether You have been accepted as a publisher to the Publisher Reward Program or not, generally within five (5) business days from Exent's receipt of Your Registration. Exent may accept or reject Your Registration at its sole discretion, without need to provide any reason.
If Exent accepts You as a publisher to the Publisher Reward Program, it will update Your account for the Application accordingly (which shall then be deemed, for the purpose of these Terms and Conditions, "Your Account") and provide You with relevant details.
Exent may at any time, at its sole discretion, terminate Your participation in the Publisher Reward Program without need to provide any reason.
2. Revenue share Program in the Publisher Reward Program
If Exent accepts You as a publisher to the Publisher Reward Program, the following provisions shall apply (in addition to the provisions of the License Agreement) to Your engagement with Exent with relation to the Publisher Reward Program, as long as it continues, subject to Your continued compliance with these Terms and Conditions:
(a) Exent will pay You, on a CPM (Cost Per Mille) basis, with respect to Qualified Users, twenty-five percent (25%) of the Game Ads Net Revenues (the "Commission").
"Qualified User" means an individual person who (i)plays a Game (as defined in the License Agreement), through Your Website (as defined in the License Agreement) to which the code of the Application was embedded and which Website is the subject of the Publisher Reward Program, (ii) is not a computer generated user, such as a robot, spider, computer script or other automated, artificial or fraudulent method to appear like a real live person, (iii) is not using pre-populated fields (iv) completes all of the information required for such action within the time period allowed by Exent and (v) is not later determined by Exent to have supplied or implemented fraudulent, incomplete, unqualified or duplicate information or entries.
"Game Ads Net Revenues" means such amounts that were actually and unconditionally received by Exent from Ad Partners, resulting directly from the placement of Game Ads within and/or adjacent to Game Titles, as applicable, less all of the following: (i) any taxes incurred or levied; (ii) any withholding tax withheld with respect to any payment made by any Ad Partner to Exent (iii) refunds, credits, referral awards and/or reimbursements made to Ad Partners; (iv) any credit card charge back amounts and associated penalty fees; and (v) any third-party expenses and costs incurred in connection with the selling and/or placement of Game Ads, including without limitation, agency fees and commissions. For the avoidance of doubt, no commission or other fee of any kind shall be payable to You on account of the following, and You hereby release Exent from any claim and/or demand relating to payment with respect to the following: (i) Game Ads which were not commissioned by an Ad Partner, (ii) Game Ads which are placed neither within the Game Title nor adjacent to it.
"Ad Partner" means any entity engaged in the business of selling, marketing and/or licensing space for placing Game Ads within and/or adjacent to Game Titles.
"Game Ads" means the commercial messages and/or other advertising content, in any format or media, whether dynamic, static, pre-recorded, hard-coded etc. which are placed within and/or adjacent to Game Titles and are displayed before, after and/or during Game play, including in registration, menu, pre-roll, post roll etc.
"Game Title" means the object code version of the software application of a Game. For removal of doubt You acknowledge that the determination of the amounts to be paid to Exent by Ad Partners for placement of Game Ads, is and shall at all times be made per Exent's sole discretion, and You undertake that You shall have no claim and/or demand with relation to it.
(b) Any Commission earned by You will be paid on a calendar monthly basis, provided that the balance of earned and yet unpaid Commission is at least one hundred USD (US$100) (the "Minimum balance"). If the balance of earned and yet unpaid Commission with respect to Your Account does not reach the Minimum Balance, the earned balance will roll over to the next month, and will continue to roll over monthly until the Minimum Balance is reached.
(c) Exent reserves the right to charge back to Your Account any previously paid Commission with respect to any Qualified Users that are later determined to have not met the requirements to be a Qualified User.
(d) As a condition for receipt of earned and due Commission, You are required to provide Exent, after completion of each calendar month during the term of Your engagement with Exent with relation to the Publisher Reward Program, an invoice in the amount of the Commission payable to You with respect to the passing calendar month (which Commission is determined on the basis of the details portrayed within Your Account). The invoice should be sent via email to the following address: firstname.lastname@example.org. The due Commission (subject to the Minimum Balance) shall be transferred to the bank account designated by You (as appears on a void cheque You are required to provide to Exent together with the first invoice You issue to it), within ninety (90) days from the end of the calendar month in which Exent received the relevant invoice.
(e) All tracking of Links and determinations of Qualified Users and of Commissions shall be made by Exent in its sole discretion, based on data portrayed in Exent's and/or its suppliers' systems, which data is binding.
(f) If any sum is due by You to Exent with relation to Your engagement with Exent in connection with the Publisher Reward Program or with relation to any other engagement between You and Exent, Exent may offset any such sum from Commission due to You in connection with the Publisher Reward Program.
Except as otherwise provided in these Terms and Conditions or otherwise expressly permitted by Exent, You undertake to keep all information which comes into Your possession and/or knowledge pursuant to Your participation in the Publisher Reward Program, including, without limitation, the terms in these Terms and Conditions, business and financial information, customer and supplier lists and information, and pricing and sales information, of Exent or any of any of its affiliates, in strict confidence and not to use it, directly or indirectly, for any purpose other than as reasonably required with relation to Your participation in the Publisher Reward Program. The aforesaid obligation shall not apply to information that is generally known or available to the public through a mean that is not breach hereof. You may not use any information obtained with relation to the Publisher Reward Program to develop, enhance or operate a service that competes with the Publisher Reward Program, or to assist another party to do the same.
Your participation in the Publisher Reward Program shall commence when (and if) Exent accepts You as a publisher to the Publisher Reward Program, in accordance with the provisions of these Terms and Conditions, and shall terminate when terminated in accordance with the provisions of these Terms and Conditions.
You may terminate Your participation in the Publisher Reward Program at any time by removing the Application code from Your systems. Exent may terminate Your participation in the Publisher Reward Program at any time and for any or no reason, with or without prior notice to You.
In addition to any other rights and remedies available to Exent pursuant to these Terms and Conditions and pursuant to the License Agreement, Exent reserves the right to withhold and freeze any unpaid Commissions or charge back paid Commissions to Your Account if: (i) Exent determines that You have violated any of the terms applicable to Your engagement in the Publisher Reward Program, or (ii) any Qualified User is later determined to have not met the requirements set forth in these Terms and Conditions or on the Publisher Reward Program. Such withholding or freezing of Commissions, or charge backs for paid Commissions, shall be without regard as to whether or not such Commissions were earned as a result of such breach.
In the event of a material breach by You of these Terms and Conditions, Exent reserves the right to disclose Your identity and contact information to appropriate law enforcement or regulatory authorities and/or any third party that has been directly damaged by Your actions or omissions.
You are expressly prohibited from using any persons, means, devices and/or arrangements to commit fraud, violate any applicable law, interfere with other affiliates or falsify information in connection with the generation of Commissions. Such prohibited acts include, but are in no way limited to, using automated means to increase the number of entries through the Application, using spyware, using stealware, cookie-stuffing and other deceptive acts or click-fraud. Exent shall make all determinations about fraudulent activity in its sole and reasonable discretion.
You hereby agree to indemnify, defend and hold harmless Exent and its respective subsidiaries, affiliates, partners and licensors, directors, officers, employees, owners and agents against any and all claims, actions, demands, liabilities, losses, damages, judgments, settlements, costs, and expenses (including reasonable attorneys' fees and costs) based on any breach by You (including anyone on Your behalf) of any of these Terms and Conditions, including, without limitation, of any representation, warranty, covenant, restriction or obligation made by You pursuant hereto.
THE PUBLISHER REWARD PROGRAM, AND THE PRODUCTS AND SERVICES PROVIDED IN CONNECTION THEREWITH, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. EXCEPT AS EXPRESSLY SET FORTH HEREIN, EXENT EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. EXENT DOES NOT WARRANT THAT THE PUBLISHER REWARD PROGRAM WILL MEET YOUR SPECIFIC REQUIREMENTS OR THAT THE OPERATION OF THE PUBLISHER REWARD PROGRAM WILL BE COMPLETELY ERROR-FREE OR UNINTERRUPTED. EXENT EXPRESSLY DISCLAIMS ANY LIABILITY FOR ANY ACT OR OMISSION OF ANY THIRD PARTY AND ITS PRODUCTS OR SERVICES. EXENT DOES NOT GUARANTEE THAT YOU WILL EARN ANY SPECIFIC AMOUNT OF COMMISSIONS.
9. Limitation of Liability
IN NO EVENT SHALL EXENT BE LIABLE FOR ANY UNAVAILABILITY OR INOPERABILITY OF THE PUBLISHER REWARD PROGRAM, FOR TECHNICAL MALFUNCTION, COMPUTER ERROR, CORRUPTION OR LOSS OF INFORMATION, OR OTHER INJURY, DAMAGE OR DISRUPTION OF ANY KIND BEYOND THE REASONABLE CONTROL OF EXENT. IN NO EVENT WILL EXENT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS OR LOSS OF BUSINESS OPPORTUNITY, EVEN IF SUCH DAMAGES ARE FORESEEABLE AND WHETHER OR NOT EXENT HAS BEEN ADVISED OF THE POSSIBILITY THEREOF. EXENT'S CUMULATIVE LIABILITY TO YOU, FROM ALL CAUSES OF ACTION AND ALL THEORIES OF LIABILITY, WILL BE LIMITED TO AND WILL NOT EXCEED THE AMOUNTS PAID TO YOU BY EXENT IN COMMISSIONS DURING THE SIX (6) MONTHS IMMEDIATELY PRIOR TO THE RELEVANT CLAIM, AND ALTOGETHER (WITH RESPECT TO ALL CLAIMS) WILL NOT EXCEED THE TOTAL AMOUNT PAID TO YOU BY EXENT IN COMMISSIONS DURING YOUR PARTICIPATION IN THE PUBLISHER REWARD PROGRAM.
10. Governing Law
These Terms and Conditions shall be governed by the laws of the State of New York, USA.
These Terms and Conditions contain the entire agreement between Exent and You with respect to the subject matter hereof, and supersede all prior and/or contemporaneous agreements or understandings, written or oral, and any other communication between You and Exent relating to the subject matter hereof. For removal of doubt it is clarified that Exent shall not be subject to or bound by any insertion order placed by You or any online terms and conditions that amend, conflict with or supplement these Terms and Conditions, regardless of whether Exent "clicks through" or otherwise indicates its acceptance thereof.
You may not assign all or any part of Your rights and/or obligations pursuant to these Terms and Conditions without Exent's prior written consent. Exent may assign any of its rights and/or obligations pursuant to these Terms and Conditions at any time, with notice to You.
The provisions concerning confidentiality, indemnification and limitation of liability and any accrued payment obligations shall survive the termination of the engagement pursuant to these Terms and Conditions.
For removal of doubt it is clarified that nothing in relation to Your engagement with Exent with respect to the Publisher Reward Program shall be deemed to establish a partnership, joint venture, association or employment relationship between You and Exent.
No course of dealing, nor any delay in exercising any right hereunder, shall operate as a waiver of any such right. No waiver of any default or breach shall be deemed a continuing waiver or a waiver of any other breach or default.