Dragon Advertising T&C
1. Conditions
To become a Dragon Advertising Publisher, all websites must meet the following acceptance criteria:
1. Be professionally designed, high-quality websites;
2. Be fully functional at all levels;
3. Be a high volume traffic level website with a real audience and human users; be able to provide no less than 100k impressions daily;
4. The website's content should be in English or major European language.
The websites' content cannot infringe on any personal data and/or any third party intellectual property rights and/or copyrights, trademarks and must meet the following conditions:
Does not include any racial, ethnic, political, hate-mongering or otherwise objectionable content
Does not include any investment, money-making opportunities or advice not permitted under law
Does not include any gratuitous violence or profanity
Does not include any material that defames, abuses, or threatens physical harm to others
Does not promote any illegal substances or activities, such as illegal online gambling, how to build a bomb, counterfeiting money, etc.
Does not include any Software Pirating (e.g., Warez, P2P, Bit torrent, Hotline, etc)
Does not include any hacking or Phreaking.
Does not include, promote or otherwise endorse any illegal activity
Does not include any spoofing, redirecting, or trafficking from adult-related websites in an effort to gain traffic.
2. Ad Placement and Positioning
Publisher will not place advertisement on pornographic/offensive, and/or warez, and/or illegal MP3 sites/directories, and/or P2P /Bit-Torrent sites, and/or Spyware or malicious code of any sort and/or alternatively questionable areas. In case where advertisements are placed in such locations, Dragon Advertising reserves the right to withhold payment for the entire campaign and/or submit an immediate legal action against Publisher and/or suspend/block the publisher's account and access to the reporting and billing information;
Publisher will not place ad tags/creatives on non-approved domains. All website(s) must be submitted for approval and accepted by Dragon Advertising before running our advertising materials;
The ad tags cannot be changed or modified without our written consent or approval.
Payment liability
Publisher's revenue is based on Dragon Advertising reporting statistics. Publisher will be granted access to it's account and may view the online reports relating to its activity.
Dragon Advertising releases payments to Publishers under the NET 60 standard payment terms, using only Wire and Check as the proposed formal payment methods.
The minimum monthly payout: $300 Check or Wire.
In case the Publisher's balance is less than the required min threshold the amount will be added to the next billing cycle until it will meet the min payout requirement.
Dragon Advertising assumes no responsibility for paying income taxes or any other applicable taxes, fees on behalf of Publisher.
Termination
This Agreement shall commence upon Publisher's acceptance and remain in effect until terminated. Publisher can stop it's activity at any time by providing a written notice within 1 (one) business day.
Dragon Advertising reserves the right, in its sole and absolute discretion, to terminate the Publisher's account and remove any advertisements at any time for any reason.
Representations and Warranties
Publisher represents and warrants:
Your website will be compliant with all applicable laws and regulations and does not contain or promote, nor links to another website that contains, libelous, defamatory, abusive, violent, prejudicial, obscene, sexually explicit or illegal content or which are otherwise not permitted;
You have and will maintain during the entire term of our business cooperation a process for reporting and removing infringing content which will be available through your website.
You will not promote via website or link to websites containing any pornographic, racial, ethnic, political, software pirating (e.g. Warez) or hacking, hate-mongering, or otherwise objectionable or non-permitted content;
You will not engage, promote or endorse in any illegal activity;
You own or have the legal right to use and distribute all content, copyrighted material, products, and services displayed on Your website;
You have the right, power, and authority to enter into this Agreement and grant the rights specified herein;
You will not attempt in any way to alter, modify, eliminate, conceal, or otherwise render inoperable or ineffective site tags, source codes, links, pixels, modules or other data provided by Dragon Advertising;
You are exclusively responsible for all associated liabilities, expenses, claims, costs and legal fees resulting any fraudulent or non-compliant activities conducted, directly or indirectly, by You;
Limitation of Liability; Disclaimer of Warranty.
EXCEPT FOR ANY INDEMNIFICATION AND CONFIDENTIALITY OBLIGATIONS HEREUNDER OR YOUR BREACH OF ANY INTELLECTUAL PROPERTY RIGHTS AND/OR PROPRIETARY INTERESTS RELATING TO YOUR PARTICIPATION, (i) IN NO EVENT SHALL EITHER PARTY BE LIABLE UNDER THIS AGREEMENT FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, EXEMPLARY, OR PUNITIVE DAMAGES WHETHER IN CONTRACT, TORT OR ANY OTHER LEGAL THEORY, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND (ii) DRAGON ADVERTISING'S AGGREGATE LIABILITY TO PUBLISHER UNDER THIS AGREEMENT FOR ANY CLAIM IS LIMITED TO THE NET AMOUNT PAID BY DRAGON ADVERTISING TO PUBLISHER DURING THE ONE MONTH PERIOD IMMEDIATELY PRECEDING THE DATE OF THE CLAIM.
Indemnification.
Publisher shall indemnify, defend and hold Dragon Advertising harmless from and against any claims, allegations, liabilities, costs and expenses (including reasonable attorneys` fees) by third parties arising out of Your: (a) improper use of the services provided by Dragon Advertising, including acts or omissions by any third party affiliates acting through You; or (b) breach or violation of this Agreement.
Force Majeure .
Neither Party shall be liable to the other by reason of failure or delay in the performance of its obligations hereunder on account of Acts of God, fires, storms, war, governmental action, labor conditions, earthquakes, natural disasters, interruption in internet service or any other cause which is beyond the reasonable control of such Party.