Terms & Conditions

This Affiliate Program Operating Agreement (the "Agreement") is made and entered into by and between AppBomber OÜ ("AppBomber " or "we"), and you, ("you" or "Affiliate") the party submitting an application to become a AppBomber affiliate). The terms and conditions contained in this Agreement apply to your participation with appbomber.offerslook.com ("Affiliate Program"). Each Affiliate Program offer (an "Offer") may be for any offering by AppBomber or a third party (each such third party a "Client") and may link to a specific web site for that particular Offer ("Program Web Site"). Furthermore, each Offer may have additional terms and conditions on pages within the Affiliate Program and are incorporated as part of this Agreement. By submitting an application or participating in an Offer, you expressly consent to all the terms and conditions of this Agreement.

1.     Sign up as an Affiliate

You must submit an Affiliate Program application from our website. You must accurately complete the application to become an affiliate (and provide us with future updates) and not use any aliases or other means to mask your true identity or contact information. After we review your application, we will notify you of your acceptance or rejection to the Affiliate Program, generally within two (2) business days. We may accept or reject your application at our sole discretion for any reason.

2.     Obligations of both Parties

Subject to our acceptance of you as an affiliate and your continued compliance with the terms and conditions of this Agreement, AppBomber agrees as follows:

SERVICE

The Publisher will promote offers or services by creative and text provided by AppBomber, all according to the terms hereinafter (the Service). The AppBomber’s clients and agents or anyone on their behalf confirm that the AppBomber sole obligation is to render the Service, according to the terms hereinafter.

INVOICING

1. Publisher will invoice AppBomber on a monthly basis. 

   
2. Publisher’s invoice must display the total Publisher’s earnings that are invoiced. The invoice must include evidence in relation 
to the invoiced earnings. The earnings that Publisher invoices must be based on AppBomber ad server reports appbomber.offerslook.com. 
Data difference on client server report and our server should not be more than 15%.
   
3. If AppBomber identifies an error in said reports even after submitting reports to Publisher, or if Publisher identifies a discrepancy 
between Publisher’s and AppBomber’s reports, AppBomber and Publisher will cooperate in good faith to correct such error. 

   
4. AppBomber will inform publisher about possible holds and deductions from statistics on 15th after reported month (if 15th falls on weekend, information will be sent on next Monday). Information about deduction rules described in About Fraud part.
   
5. Provided that the total earnings displayed on the invoice accurately reflect the Ad Units that the Publisher delivered, AppBomber 
will pay Publisher’s invoice within thirty days from the invoice receipt. 

   
6. The amount invoiced and paid out by AppBomber will include any and all applicable tax. AppBomber will not be liable to pay any tax on 
the invoiced amount over and above the amount that is displayed on Publisher’s invoice. 

   
7. 
AppBomber may withhold payment until the billable amount reaches the minimum threshold of 300 EUR (for invoiced amounts in 
EUR).
   

TERM AND CANCELLATION

Term. AppBomber’s campaign shall begin upon AppBomber’s notice submitted to Publisher in writing via email/Skype. Upon completion of the campaign, this IO will remain valid for any future AppBomber’s campaigns.

Cancellation. In the event of campaign's cancellation, AppBomber can request all the unused campaign funds to be transferred back to company’s account in case that the previously agreed-upon number of installs has not been achieved. No cancellations will be accepted without a written notification. Cancellation shall be no later than in 24 hours prior to campaign start date.

PROVISION OF ADVERTISING MATERIALS

Submission. AppBomber should provide Publisher with all materials for campaign not later than 48 hours before starting it. AppBomber ought to provide all creatives for the advertisement in accordance with Publisher’s policies and specifications.

Compliance. Publisher reserves the right within its discretion to reject or remove from its Site any Ads for which the Advertising Materials, software code associated with the Advertising Materials (e.g. pixels, tags, JavaScript), or the website to which the Ad is linked do not comply with its Policies, or that in Publisher’s sole reasonable judgment, do not comply with any applicable law, regulation, or other judicial or administrative order. In addition, Publisher reserves the right within its discretion to reject or remove from its Site any Ads for which the Advertising Materials or the website to which the Ad is linked are, or may tend to bring, disparagement, ridicule, or scorn upon Publisher or any of its Affiliates (as defined below), provided that if Publisher has reviewed and approved such Ads prior to their use on the Site, Publisher will not immediately remove such Ads before making commercially reasonable efforts to acquire mutually acceptable alternative Advertising Materials from Advertisement.

3.     About Fraud

Fraudulent Activities means by way of example only and without limitation, actual or attempted to:

• use or encourage or facilitate others to use optimization services and/or software to fraudulently inflate impressions, clicks or other user actions or information regarding user actions
  
• generate or facilitate actions that are based on fraudulent or deceptive practices, including the or use of deceptive implementation methods, robots or other automated tools to generate unintended user actions or encourage or facilitate any illegitimate user actions;
  
• mislead users to click on the Creative;
  
• the generation of results or impressions using Incentivized Traffi;
  
• in any way minimize or obstruct the display of any Creatives, or edit, modify, filter or change the order of the information contained in any Creatives;
  
• edit the website tags, source codes, links, pixels, modules, software development kits or other data provided by AppBomber ; or reverse engineer, decompile or disassemble any software components of the digital marketing services provided by AppBomber ;
  
• blind text links; 
• or use unsolicited email or inappropriate newsgroup postings to promote Websites .
  

In the event that AppBomber, in its absolute discretion, determines that you or a Sub-Publisher have engaged in Fraudulent Activities, AppBomber may:

• immediately remove or suspend your membership of the AppBomber Program without prior notice;
  
• notify any relevant law enforcement bodies and affected third parties in connection with the Fraudulent Activities;
  
• withhold any payments otherwise due to you under clause Invoicing (d), such payments being deemed forfeited and unconditionally waived by you; and
  
• without prejudice to any other rights or remedies under this Agreement, seek compensation for any damages caused to AppBomber or its Clients.
  

Confidential Information. Confidential Information will include (i) all information marked as “Confidential”, “Proprietary,” or similar legend by the disclosing party (“Discloser”) when given to the receiving party (“Recipient”); and (ii) information and data provided by the Discloser, which under the circumstances surrounding the disclosure should be reasonably deemed confidential or proprietary. Without limiting the foregoing, Discloser and Recipient agree that each Discloser’s contribution to IO Details shall be considered such Discloser’s Confidential Information. Recipient will protect Confidential Information in the same manner that it protects its own information of a similar nature, but in no event with less than reasonable care. Recipient shall not disclose Confidential Information to anyone except an employee, agent, Affiliate, or third party who has a need to know same, and who is bound by confidentiality and non-use obligations at least as protective of Confidential Information as are those in this section. Recipient will not use Discloser’s Confidential Information other than as provided for on the T&C.

Exceptions. Notwithstanding anything contained herein to the contrary, the term “Confidential Information” will not include information which: (i) was previously known to Recipient; (ii) was or becomes generally available to the public through no fault of Recipient; (iii) was rightfully in Recipient’s possession free of any obligation of confidentiality at, or prior to, the time it was communicated to Recipient by Discloser; (iv) was developed by employees or agents of Recipient independently of, and without reference to, Confidential Information; or (v) was communicated by Discloser to an unaffiliated third party free of any obligation of confidentiality. Notwithstanding the foregoing, the Recipient may disclose Confidential Information of the Discloser in response to a valid order by a court or other governmental body, as otherwise required by law or the rules of any applicable securities exchange, or as necessary to establish the rights of either party under these Terms; provided, however, that both Discloser and Recipient will stipulate to any orders necessary to protect such information from public disclosure.

5.     Termination

This Agreement shall commence on the date of our approval of your Affiliate Program application and shall continue thereafter until terminated as provided herein. You may terminate your participation in the Affiliate Program at any time by removing all Links from your Media, deleting all copies of the Links. We may terminate your participation in one or more Offers or this Agreement at any time and for any reason which we deem appropriate with or without prior notice to you by disabling the Links or providing you with a written notice. Upon termination of your participation in one or more Offers or this Agreement for any reason, you will immediately cease all use of and delete all Links, plus all AppBomber or Client intellectual property, and will cease representing yourself as a AppBomber or Client affiliate for such one or more Offers. All rights to validly accrued payments, causes of action and any provisions, which by their terms are intended to survive termination, shall survive any termination.

6.     Representations and Warranties

You hereby represent and warrant that this Agreement constitutes your legal, valid, and binding obligation, enforceable against you in accordance with its terms and that you have the authority to enter into this Agreement. Subject to the other terms and conditions of this Agreement, AppBomber represents and warrants that it shall not knowingly violate any law, rule or regulation which is applicable to AppBomber’s own business operations or AppBomber’s proprietary products or services.

7. Modifications

In addition to any notice permitted to be given under this Agreement, we may modify any of the terms and conditions of this Agreement at any time by providing you with a notification by email. The changes will become effective ten (10) business days after such notice. If the modifications are unacceptable to you, you may terminate this Agreement without penalty solely on the account of such termination within such ten (10) business day period. Your continued participation in this Affiliate Program ten (10) business days after a change notice has been posted will constitute your acceptance of such change. In addition, AppBomber may change, suspend or discontinue any aspect of an Offer or Link or remove, alter, or modify any tags, text, graphic or banner ad in connection with a Link. Affiliate agrees to promptly implement any request from AppBomber to remove, alter or modify any Link, graphic or banner ad that is being used by Affiliate as part of the Affiliate Program.

8. Independent Investigation

You acknowledge that you have read this Agreement and agree to all its terms and conditions. You have independently evaluated the desirability of participating in the Affiliate Program and each Offer and are not relying on any representation, guarantee or statement other than as set forth in this Agreement or on the Affiliate Program.

9. Limitation of Liability

Damages that result from a breach of any confidentiality requirement, or intentional misconduct by Agency, Advertiser, or Publisher, in no event will any party be liable for any consequential, indirect, incidental, punitive, special, or exemplary damages whatsoever, including, but not limited to, damages for loss of profits, business interruption, loss of information, and the like, incurred by another party arising out of an IO, even if such party has been advised of the possibility of such damages. Errors in key numbers or Advertisers’ Index or omission of ads. Publisher is not responsible for errors in key numbers and Advertisers’ Index and assumes no liability if, for any reason, an advertisement is omitted

10. Governing Law & Miscellaneous

Affiliate shall be responsible for the payment of all attorneys fees and expenses incurred by AppBomber to enforce the terms of this Agreement. This Agreement contains the entire agreement between AppBomber and Affiliate with respect to the subject matter hereof, and supersedes all prior and/or contemporaneous agreements or understandings, written or oral. Affiliate agrees that AppBomber shall not be subject to or bound by any Affiliate insertion order or online terms and conditions that amend, conflict with or supplement this Agreement, regardless of whether AppBomber "clicks through" or otherwise indicates its acceptance thereof. Affiliate may not assign all or any part of this Agreement without AppBomber prior written consent. AppBomber may assign this Agreement at any time with notice to Affiliate. This Agreement will be binding on and will inure to the benefit of the legal representatives, successors and valid assigns of the parties hereto. The provisions of Section 3, 4, 10, 11 and any accrued payment obligations shall survive the termination of this Agreement. Except as set forth in the "Modifications" section above, this Agreement may not be modified without the prior written consent of both parties. If any provision of this Agreement is held to be void, invalid or inoperative, the remaining provisions of this Agreement shall continue in effect and the invalid portion of any provision shall be deemed modified to the least degree necessary to remedy such invalidity while retaining the original intent of the parties. Each party to this Agreement is an independent contractor in relation to the other party with respect to all matters arising under this Agreement. Nothing herein shall be deemed to establish a partnership, joint venture, association or employment relationship between the parties. No course of dealing nor any delay in exercising any rights hereunder shall operate as a waiver of any such rights. No waiver of any default or breach shall be deemed a continuing waiver or a waiver of any other breach or default.

By submitting and application to Affiliate Program, you affirm and acknowledge that you have read this Agreement in its entirety and agree to be bound by all of its terms and conditions. If you do not wish to be bound by this Agreement, you should not submit an application to Affiliate Program. If an individual is accessing this Agreement on behalf of a business entity, by doing so, such individual represents that they have the legal capacity and authority to bind such business entity to this Agreement. This Agreement was last revised on 20-02-2017.