Financial agreement

This financial agreement fully regulates all financial processes and operations that might be applied by Adcash.

By using the Adcash platform to pay for delivered service as Advertiser, or to commercialize your advertisement space as Publisher, you agree that we may communicate with you electronically any finance information related to your account. We may also provide notices to you by posting them in your account on Adcash website, or by sending them to an email address or street address that you have previously provided to us. Website and email notices shall be considered received by you within 24 hours of the time posted or sent.

Publisher and Advertiser finance services are regulated by separate agreements. Funds on Advertiser or Publisher balance cannot be moved between accounts. Publisher’s earnings cannot be used for paying Advertiser services and Advertiser’s funds cannot be used to withdraw Publisher’s earnings.

ADVERTISER SERVICE AGREEMENT

(applies to Advertisers)

Upon registration you must choose in which available currency you wish to make your payments. Payments for one Campaign can be made in one currency only.

If you are using Dedicated campaign management service you must agree to and set up a budget with Adcash to run the Campaign. The budget may be fixed or unlimited. You may also limit the maximum daily spend. You must pay for Adcash services based on the invoices submitted by Adcash. You and Adcash may agree on the following payment terms: (i) prepayment, (ii) net, or (iii) net + 30 days.

If you are using Self-service you must load funds to your account balance in advance. The funds from your balance may be spent on any Campaign added to your respective Adcash account. You may set overall and daily limitations on your Campaign spending. If your account balance becomes zero, all your Campaigns related with your respective Adcash account shall be immediately paused.

PLEASE BE AWARE THAT THE LIMITATIONS ON YOUR CAMPAIGN SPENDINGS ARE NOT LEGALLY BINDING AND ADCASH® BEARS NO RESPONSIBILITY FOR THE EXCESS THEREOF.

The price for the services provided by Adcash is calculated based on the pricing model of the Campaign type chosen by you and based on the statistics gathered from either Adcash tracking system or your internal tracking system. In case of Self-service statistics is gathered only from Adcash tracking system. In case of Dedicated campaign management service, unless you have granted Adcash a live access to your tracking system, you must send the previous month’s statistics to Adcash at the latest by the 7th day of the following month. If you do not have an internal tracking system, the payment will be based on the statistics collected by the Adcash platform.

All invoices sent by Adcash shall be under automatic approval and must be paid in full by you.  You agree that you are entitled to a refund for delivered services only in cases explicitly set forth in Adcash general terms and conditions.

When you make a purchase through Adcash payment gateways, you agree to provide a valid funding account to proceed with payment. When you have successfully completed this funding transaction, we will then transfer that value to your balance.

Pay attention to the details of the transaction, because your total price may include taxes and fees, all of which you are responsible for funding.

You are responsible for maintaining the security of your Adcash account, and you understand that you will be charged for any orders placed on or through your account.

If you are making direct debit payments, you agree that we can charge you any amount that falls within the range you agreed to upon signup. We will notify you in advance if any charge will exceed the agreed-upon range.

REFUNDS

You are entitled to request for a refund in the following cases:

First, if there has been an incorrect payment transaction.

Second, if you prove that the actions forming the basis of the pricing model of your Campaign are based on a Publisher’s fraudulent activities (i.e. the artificial increase of actions). In order to detect and prove Publishers’ fraudulent activities you undertake to send to Adcash a weekly detailed report of sources/websites you consider to be fraudulent. In case the Publisher’s fraudulent activities cannot be clearly identified based on your report, Adcash is entitled to request additional proof from you. If you fail to submit a weekly report or additional proof regarding the Publishers’ fraudulent activities, Adcash may refuse to give a refund.

Third, if at the end of the validity of the Contract it appears that you have spent for Adcash services less than you have prepaid. In such a case you are entitled to ask for a refund within 30 days after the termination of the Contract, provided that the amount of your unused balance is at least 50 EUR. Before refunding, Adcash will have to finalize all not invoiced spending and make necessary adjustments where needed. After finalizing all current statistics, your unused balance will be refunded to you at your request, minus an administrative fee of 25% to cover Adcash’s costs and fees related with the management of giving a refund, within 30 working days. YOUR REFUND WILL BE CREDITED BACK TO THE SAME PAYMENT METHOD AND SAME PAYMENT ACCOUNT THAT YOU USED TO MAKE YOUR LAST PAYMENT. You may be required to provide additional information or documentation in order for Adcash to confirm your identity, before any refund request is processed.

PLEASE BE AWARE THAT IF YOUR CONTRACT WITH ADCASH® IS TERMINATED DUE TO THE VIOLATION OF CONTRACT BY YOU (E.G. DUE TO YOUR FRAUDULENT ACTIVITY), Adcash IS ENTITLED TO A CONTRACTUAL PENALTY IN THE AMOUNT OF YOUR UNUSED BALANCE AND THEREFORE, Adcash MAY REFUSE TO GIVE YOU A REFUND BY WAY OF SET-OFF OF THE CLAIMS.

PUBLISHER SERVICE AGREEMENT

(applies to Publishers)

As a Publisher you will receive from Adcash Commission for your participation in the promotion of Advertisers’ Campaigns.  Your Commission amount is calculated based on data collected by Adcash. You acknowledge the trustworthiness of this data, which will prevail in the event of a dispute, with regard to the measurement of all elements (impressions, pages viewed, unique visitors, commissions, etc.) of any type. All statistic data access and rules are regulated by the Publisher agreement that is part of Adcash general terms and conditions.

Commission amounts and the way they are calculated will depend on the prices and calculation methods applied to Advertisers. Therefore, for certain Campaigns (in particular lead campaigns), the data giving rise to your Commission may first require validation by the Advertiser. If there is a disagreement between the data of Adcash and that of the Advertiser, we will attempt to settle the disagreement with the Advertiser in order to communicate the final, agreed figures to you promptly.

Your daily earnings that you have earned based on the statistical data shall be added to your wallet statement on the following day. Your final balance will be based on wallet statement records. You fully understand and accept the fact that all payments to you will be based on your balance that is available from wallet statement page.

According to Adcash general terms and conditions, active Publisher accounts need to reach the payment threshold in order to qualify for a payment of Commission. Since Adcash never issues payments for less than this particular threshold, you are not able to select a form of payment until your earnings have reached this amount. Also, please be aware that if your account has been blocked, you cannot request any payments during the time your account is blocked.

If your account reaches the payment threshold, a payment validation form will be opened between the 1st till the 10th day of the following month, where you will be able to select a payment method, specify your payment data and request payment. Invoice request must be sent in accordance with current regulations, notably regarding whether you are subject to VAT or not. The Adcash platform will automatically create an invoice based on the information you supplied on your request form and account data.

Unless expressly authorized in writing by Adcash, you may not require Adcash to transfer your Commission or any other payment you are entitled to under the Contract to a third person.

Adcash® has the right to provide you any bonuses with or without reason. You agree that you are not able to request bonuses from Adcash, unless it’s dictated by another promo campaign; bonus program is based on Adcash will only.

If at the end of the validity of the Contract it appears that you have on your balance un-invoiced earnings, you may request for the payment thereof within 30 days after the termination of the Contract, provided that the amount of your un-invoiced earnings is at least 100 EUR (before tax). HOWEVER, PLEASE BE AWARE THAT IF YOUR CONTRACT WITH ADCASH® IS TERMINATED DUE TO THE VIOLATION OF CONTRACT BY YOU (E.G. DUE TO YOUR FRAUDULENT ACTIVITY), Adcash IS ENTITLED TO A CONTRACTUAL PENALTY IN THE AMOUNT OF YOUR UN-INVOICED EARNINGS AND THEREFORE, ADCASH® MAY REFUSE TO PAY FOR YOUR UN-INVOICED EARNINGS BY WAY OF SET-OFF OF THE CLAIMS.

PAYMENT THRESHOLDS

Adcash® minimum payment threshold for Publishers is 100 EUR (ONE HUNDRED EUROS) before tax each month. Daily balance reports can be found on the wallet statement page.

When you request your payment, we will have up to 30 calendar days starting from the end of payment request session (i.e. from the 10th day of the month) to validate your request and proceed with the payment for validated invoices. Each invoice is validated by Adcash only after your earnings have been checked for any fraudulent activity. In case your payment cannot be proceeded for whatever reason, your earnings will be fully returned to your balance without applied fees. If your invoice is refused due to fraud, we have the right to apply all sanctions stipulated by Adcash general terms and conditions. If you decide to cancel your payment request before the payment, your earnings will be fully returned to your balance without applied fees.

All of your invoices will be available to download in PDF format from your account.

LIABILITY

(applies both to Publishers and Advertisers)

As an Advertiser you are aware that your payment obligations are deemed to have been performed when the account of Adcash is credited with the amount due. If you delay your payment to Adcash under the Contract, you will be charged a penalty interest of 0.1% of the overdue amount for every delayed day. In addition you are obliged to indemnify Adcash any damages caused by the delay and reimburse the costs of collecting the debt (including the costs of legal assistance, costs of submitting an extra-judicial claim and court expenses.

As a Publisher you must ensure your capability to receive payments from Adcash. If the receipt of Commission or any other payment from Adcash fails or is delayed due to your failure to comply with this obligation (including if the failure or delay is caused by a third party payment service provider you are using), Adcash shall not be liable for such failure or delay. However, Adcash will cooperate with you in the investigation of the failure or delay of receiving the payment.

If you believe that an unauthorized or otherwise problematic transaction has taken place under your account, you agree to notify us immediately, so that we may take action to prevent financial loss. Unless you submit the claim to us within 30 days after the charge, you will have waived, to the fullest extent permitted by law, all claims against us arising out of or otherwise related to the transaction. If you experience a technical failure or interruption of service that causes your funding transaction to fail, you may request that your transaction be completed at a later time.

If a payment is aborted by a third-party payment provider and is returned to the Adcash account, Adcash commits to return those funds to your balance. You agree that transaction fees could be applied to refunded payment(s), so Adcash reserve the right to deduct all transaction fees from your balance.

TAXATION

(applies both to Publishers and Advertisers)

Depending on your location, you may be required to provide certain information for tax purposes. If you are required to submit tax information, you will have to mention this when registering an account or applying for Adcash services.

If according to applicable law it is your responsibility to pay or withhold taxes on or from your transactions with Adcash, you agree to indemnify and hold Adcash harmless from and against any claim arising out of your failure to do so.

Adcash performs its tax obligations according to the tax laws of the Republic of Estonia. All payments to you from Adcash in relation to the Adcash services will be treated as inclusive of tax (if applicable) and will not be adjusted.

BALANCE ADJUSTMENTS

(applies to both Publishers and Advertisers)

ADCASH® HAS THE RIGHT TO MAKE ADJUSTMENTS TO YOUR BALANCE IN THE FOLLOWING CASES:

–       TO PAY PROMOTION BONUSES;

–       TO DEDUCT TRANSACTION FEES;

–       TO ADJUST BALANCE DUE TO TECHNICAL REASONS;

–       TO ADJUST BALANCE DUE TO FRAUDULENT ACTIVITY;

–       UPON SPECIAL AGREEMENT WITH YOU (E.G. FOR PAYMENT FOR ADDITIONAL SERVICES).

ANY RELATED INFORMATION WILL BE ADDED TO THE WALLET STATEMENT.

PAYMENT SERVICE PROVIDERS

(applies both to Publishers and Advertisers)

Adcash® is using different payment service providers to process all financial operations. Information about available payment methods can be found on Adcash website and from our customer support. You have the right to select any payment service provider available provided your transaction meets all of the criteria set in the terms and conditions for each payment method.

You agree that Adcash is not responsible for any actions applied by the payment service provider including but not limited to any additional transaction fees applied to your account. Adcash has the right to switch payment service provider(s) at any time without notifying you.

For each payment method, there are upper limits for receiving and sending money. Adcash reserves the right to reject a financial operation if its transaction amount exceeds the specified limit of the payment method. You have the right to select another payment method or abort the operation.

Limitations per payment method:

ADDITIONAL ACTIONS

(applies both to Publishers and Advertisers)

By using Adcash services, you acknowledge and agree that we may make any inquiries that we consider necessary, either directly or through third parties, concerning your identity and creditworthiness.

We may cancel any transaction if we believe the transaction violates Adcash general terms and conditions, or if we believe doing so may prevent financial loss. We may also cancel any income, bonuses, prepayment, and adjustments as a result of fraudulent or illegal behavior.

In order to prevent financial loss to you or to us, we may at our sole discretion and without incurring any liability, place a delay on a payment for a period of time, or limit funding instruments for a transaction, or limit your ability to request a payment, or deactivate your account.

In order to prevent financial loss to you or to us, we may contact your funding instrument issuer, law enforcement, or affected third parties (including other users) and share details of any payments you are associated with, if we believe doing so may prevent financial loss or a violation of law.

If you leave your account balance unused for 150 consecutive days, or if you delete your account and leave a balance, or if we deactivate your account and you do not meet any conditions necessary to reinstate it within 150 days, we may process your balance to zero in accordance with Adcash general terms and conditions.

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