Terms of Use Agreement

These Terms Of Use are a legal agreement (“Agreement”) between you (“User”) and, if you are either an advertiser or a publisher (regardless of location). By accessing the Onaffi web site, currently located at www.onaffi.com (the “Site”) and using any of the Services (as defined below) accessible through the Site, you become a User and agree to, and are bound by, the terms and conditions of this Agreement and Privacy Policy for as long as you continue to use the Site or Services. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, DO NOT USE THE SITE OR THE SERVICES. Your use of, or participation in, certain Services may be subject to additional terms, and such terms will be either listed in this Agreement or will be presented to you for your acceptance when you sign up to use such Services. This Agreement is void where prohibited by law, and the right to access the Site is revoked in such jurisdictions.

Onaffi Media is an affiliate network to help enable the purchase and sale of advertisements (collectively, the “Services”). Onaffi may offer additional services or revise any of the Services, at its discretion, and this Agreement will apply to all additional services or revised Services. Onaffi also reserves the right to cease offering any of the Services.

1. Eligibility.

Minimum Age.

You must be at least 13 years old to use the Site and to register for the Services. By using the Services, you represent and warrant that you are at least 13 years old.

2. Use of Site and Service.

As a User or a User registered to use any of the Services (a “Registered User”), you agree to the following:

Exclusive Use.

Your account is for your personal use only. You may not authorize others to use your account, and you may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Onaffi is not responsible for third party access to your account that results from theft or misappropriation of your user names and passwords. Onaffi may assign this Agreement in whole or in part at any time without your consent.

Geographic Limitations.

The Site and Services are intended for use in worldwide. You will only use the Services in a manner consistent with this Agreement and any and all applicable local, state, national and international laws and regulations. You are not located in, under the control of, or a national or resident of any country that has (i) embargoed goods, (ii) identified as a “Specially Designated National”, or (iii) placed on the Commerce Department’s Table of Deny Orders. Registration for, and use of, the Services are void where prohibited. To the extent that the Services are not legal in your jurisdiction, you may not use the Services. The Services may not be used where prohibited by law.

Risk Assumption and Precautions.

Onaffi is not responsible for the conduct, whether online or offline, of any User of the Site or of the Service. Onaffi is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any site or combination thereof, including injury or damage to Users’ or to any other person’s computer related to or resulting from participating or downloading materials in connection with the Web and/or in connection with the Service. Under no circumstances will Onaffi or any of its affiliates, advertisers, promoters or distribution partners be responsible for any loss or damage, resulting from anyone’s use of the Site or the Services. Onaffi expressly disclaims any warranty of merchantability, fitness for a particular purpose or non-infringement. You assume all risk when using the Services.

No False Information.

You will not provide inaccurate, misleading or false information to Onaffi. If information provided to Onaffi subsequently becomes inaccurate, misleading or false, you will promptly notify Onaffi of such change.

Unique and Bona Fide Profile.

As a Registered User of the Service, you will create only one unique profile.

No Harassment of Onaffi Employees or Agents.

You will not harass, annoy, intimidate or threaten any Onaffi employees or agents engaged in providing any portion of the Services to you.

Publishers.

If User is a publisher, User shall not authorize or encourage any third party to 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. Users who are publishers may list assets including but not limited to mobile sites, applications, and device platforms and make them available for advertisement. Users who are publishers hereby grant Onaffi the right to access, index, store and cache requests made from User's to the Services, including by automated means. Users who are publishers allow Onaffi to access publishers’ applications to serve Onaffi’s personalized advertisements. Users who are advertisers may produce content including but not limited to text links, banners, and graphics ("Advertisements") for display on a publisher's Property. User agrees to comply with the technical specifications provided by Onaffi to enable proper display of the Advertisements in connection with the Services.

3. Proprietary Rights.

Ownership of Proprietary Information.

The Site is protected by copyright as a collective work and/or compilation, international conventions, and other copyright laws. You hereby acknowledge and agree that Onaffi is the owner of highly valuable proprietary information, including, but not limited to its technology and templates (collectively, “Confidential Information”). Onaffi owns and hereby retains all proprietary rights in the Services and the Site, including but not limited to, all Confidential Information.

No Use of Confidential Information.

You will not post, copy, modify, transmit, disclose, show in public, create any derivative works from, distribute, make commercial use of, or reproduce in any way any (i) Confidential Information or (ii) other copyrighted material, trademarks, or other proprietary information accessible via the Services, without first obtaining the prior written consent of the owner of such proprietary rights.

4. User Information.

Privacy Statement.

For information about the collection and storage and possible use and disclosure of information and material provided by you, please click on Onaffi’s Privacy Policy located on the Site. By using the Site or the Services, you are consenting to the terms of Onaffi’s Privacy Policy. If there is any inconsistency between Onaffi’s Privacy Policy and this Agreement, the former shall govern.

Use of Anonymous Information for Research.

By using the Services, you agree to allow Onaffi to anonymously use the information provided from you through the Services, to continue Onaffi’s research to improve its Services.

5. Links to Third-Party Web Sites / Dealings with Advertisers and Sponsors.

The Services may contain links to web sites of third-parties, including without limitation, advertisers, which are not under the control of Onaffi, and Onaffi is not responsible for the content of any linked site or any link contained in a linked site, or any changes or updates to such web sites. Onaffi provides these links to you only as a convenience, and the inclusion of any link does not imply that Onaffi endorses or accepts any responsibility for the content on such third-party web site. Your correspondence or business dealings with, or participation in promotions of, advertisers or sponsors found on or through the Services (including payment and delivery of related goods or services, any personal information or opt-in contact information voluntarily given to advertisers and sponsors, and any other terms, conditions, warranties or representations associated with such dealings) are solely between you and such advertiser or sponsor. You agree that Onaffi will not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings, including the sharing of the information you supply to Onaffi with advertisers or sweepstakes sponsors, or as the result of the presence of such advertisers on the Services. Please visit our Privacy Policy to learn more about how we use your information.

6. Copyright Policy.

The content, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to the Site are protected under applicable copyrights, trademarks and other proprietary (including but not limited to intellectual property) rights. The copying, redistribution, use or publication by you of any such matters or any part of the Site, except as allowed under "Limited Right to Use" below, is strictly prohibited. You do not acquire ownership rights to any content, document or other materials viewed through the Site. The posting by onaffi of information or materials on the Site does not constitute a waiver of any right in such information and materials.

7. Modifications.

The Internet and technology are rapidly changing.

Accordingly, Onaffi may need modify the Agreement from time to time. Onaffi will post on the Site a copy of the modified Agreement, which will become effective 30 days after it is first posted on the Site. User should regularly review the Site to ensure that User is informed of any changes and if you are also a Registered User, be sure that the email address on record is current. If you are a Registered User, Onaffi will also email you to the email address then on record a link to a copy of the modified Agreement 30 days before it will go in effect. If any modification is unacceptable to you, you shall cease using the Site and the Services. Your continued access to the Site or the Services will indicate you have accepted the change.

8. Fees and Payments

Some of the Services require payment of fees.

Onaffi reserves the right to change its price list and to institute new charges at any time, upon prior notice to User, which may be sent by email or posted on the Site. If User is an advertiser, User shall pre-pay all applicable fees together with any applicable taxes, as described on the Site, in connection with such Services selected by User. If User is a publisher, User shall receive a percentage of the Net Revenue of advertisements associated with User's use of the Services as solely determined by Onaffi. You understand that pursuant to the terms of this Agreement Onaffi Corporation and Onaffi Limited have entered into agreements with advertisers. Onaffi Media is procuring and is responsible for payment of the services of publishers for itself and other companies, including Onaffi related companies. Further, you understand that all payments to publishers will be made by Onaffi Media, and the cost of Net Revenue due to publishers will be borne by the Onaffi entity or other company responsible for the relevant advertising campaign.

"Net Revenue" shall mean revenues actually received by Onaffi from the sale, use or other disposition of advertisements displayed on Publisher's Property less sales, use, value added and excise taxes, less any agency commissions, carrier and/or partner fees, and less any allowances actually made or taken for returns, cash discounts or promotional allowances but excluding other revenues indirectly earned, if applicable, for consulting, planning and targeting, copywriting, site building, account management or technical modifications or technical innovations which may be charged by Onaffi to third parties from time to time. The portion of Net Revenue received by User shall be determined on the first Monday of each calendar month, on which day those revenues accrued to User's account thirty (30) or more days earlier shall become eligible to be paid. Payments to User shall be sent by Onaffi only if User's earned balance is greater than or equal to Rs 1000 (One Thousand Rupees, INR). If User's earned balance is less than Rs 1000, no payout shall be made until the following calendar month, on the first Monday of which Onaffi shall make the aforesaid determination anew. Payments will be calculated solely based on our accounting. Payments to you may be withheld to reflect or adjusted to exclude any amounts refunded or credited to advertisers and any amounts arising from invalid activity, as determined by Onaffi in its sole discretion. Invalid activity is determined by Onaffi in all cases and includes, but is not limited to, (i) spam, invalid impressions or invalid clicks on Ads generated by any person, bot, automated program or similar device, including through any clicks or impressions originating from your IP addresses or computers under your control; (ii) clicks solicited or impressions generated by payment of money and false representation; (iii) clicks or impressions co-mingled with a significant amount of the activity described in (I and ii) above, or (iv) any breach of this Agreement by User. If User disputes any payment made in connection with the Services, User must notify Onaffi in writing within thirty (30) days of any such payment. Failure to so notify Onaffi shall result in the waiver by User of any claims related to such disputed payment. To ensure proper payment, User is solely responsible for providing and maintaining accurate contact and payment information associated with User's account. User agrees to pay all applicable taxes or charges imposed by any government entity in connection with User's use of the Services.

9. Disclaimer of Warranty.

If you are a publisher, User specifically acknowledges and agrees that Onaffi 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 User is solely responsible (and assumes all liability and risk) for determining whether or not such content is appropriate or acceptable to User, and (ii) if User is an advertiser, User specifically acknowledges and agrees that Onaffi has no control over any content that may be available or published on any publisher Site (or otherwise), and that User is solely responsible (and assumes all liability and risk) for determining whether or not such content is appropriate or acceptable to User.

10. Complaints / Law Enforcement Contact.

We urge you to report any violations of this Agreement that come to your attention. To resolve a complaint regarding the Site or the Services, contact customer service at support@onaffi.com

12. Communication and Privacy.

We may use your email address to send you messages notifying you of important changes to the Site or the Services. Further, we may contact you by telephone if you voluntarily provide us with your telephone number, in order to communicate with you regarding the Services. If you do not want to receive such email messages or telephone calls (including at any wireless number you may have voluntarily provided us), please refer to our Privacy Policy to review your options.

13. Revision Date.

This Agreement was last revised on August 30, 2016.

Copyright © 2016 Onaffi Media All Rights Reserved.

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