Terms and Conditions
1. Acceptance, availability and modification of terms and conditions in E-marketing technologies Ltd
The present document contains the Terms and Conditions (from here on
out, referred to as "Conditions") that regulate the relationship between
E-marketing technologies Ltd (from here on out, referred to as EMT) and
the partners and users of EMT (from here on out referred to as
"Partner").
EMT provides these Conditions to the Partners, in
compliance with the obligation. The conditions will remain up to date
and will be considered valid for the entirety of the time that they are
accessible at www.e-marketing-tech.com/terms.
EMT reserves the
right to modify (for justified reasons such as updating the document to
reflect updated legislation, evolution of processes or changes in the
services offered, or the terms and clauses present in these Conditions.
EMT will inform of modifications to the Conditions through the URL
www.e-marketing-tech.com/terms or by email as soon as possible.
2. Partner status
In order to acquire the status of Partner, you must be at least 18
years of age and fully accept all the terms that make up this document
(Conditions). By accepting, you acknowledge that you are 18 or older,
and that you are within your full capacity to make a business agreement
and that you have read and comprehended the present Conditions, being
bound by the same.
EMT will archive the electronic document
that constitutes the agreement and will confirm the acceptance of the
contract via an acknowledgement of receipt by email with the mentioned
contract attached.
Partners that do not accept the conditions
reflected here will not have access to their control panel, and it will
be understood that the commercial relation between EMT and the partner
has been automatically terminated, without the right to demand posterior
payments.
EMT reserves the right to not pay pages that it considers inadequate for advertising services.
3. Partner Zone
All partners will have access to the Partner Zone, found at www.e-marketing-tech.com, using their user name and password.
In the Partner zone, partners will have access to all sections where
they will be able to check their earnings and access the billing system.
4. Advertising Service
EMT manages
the advertising traffic generated by its sollaborating Partners either
through their pages, buying from third parties or sent through other
agreements with third parties that Partners might have, obtaining
benefits from the conversions that the traffic generates through
different advertising formats and systems hired by EMT.
5. Conditions of Service
The partner will use whichever advertising format EMT provides or will
send traffic to the URLs that are provided for that purpose, sending
traffic from users navigating on smartphones or tablets to EMT's
advertising service, who will be shown the corresponding advertising
campaigns, paid for in differing models previously negotiated with the
client.
I. Advertising Campaigns
EMT
will modify the advertising content provided to its Partners at any
time, always in the name of obtaining the best possible results.
The Partner, therefore, by accepting the present conditions, expresses
conformity with EMT choice of advertising destined for the different web
pages of the Partners. Additionally, the Partner recognizes EMT's right
to modify the ads at any time.
II. Ad format order
The partner must include only the scripts provided by EMT or redirect
traffic to specified URLs following the instructions that can be found
in the partner zone or EMT's authorized personnel area.
III. Service Access
Partners must identify themselves with a personalized user name and
password. Partners must maintain these access codes completely secret
and confidential, as they have full responsibility for their custody and
conservation, and any consequences that might come from their use by
unauthorized third parties. Partners exempt EMT from any responsibility
for the loss of the confidentiality of their username or password and
their use by unauthorized third parties.
6. Rates and payment methods
In the Statistics section, Partners can obtain information about daily impressions and revenue.
The total revenue that a Partner generates will be computed using EMT's
statistics, which, as previously stated, will be accessible through the
same URL.
Revenue will be billed and paid monthly, as long as a
minimum of 100 euros has been generated. If the 100 euro limit is not
reached, the revenue generated will accumulate and be paid the following
month or months.
EMT will pay the total quantity indicated on the invoice within a maximum of 30 days after reception of the same.
Once the invoice is received, EMT will proceed to pay the amounts
generated. Invoices will be paid either by any method EMT uses.
The costs associated with money transfers, whether through banks or PayPal, will be charged to the Partner.
7. Partner Rights and Obligations
Once Partners have registered, and after accepting the Conditions, they
will have the right to be automatically assigned codes and urls in
order to begin sending traffic and generating impressions.
Partners will have the right to the payment of revenue generated, which
will be reflected in the Statistics page, as long as the minimum revenue
amount has been met as mentioned above.
Partners are expressly
prohibited from including content that infringes the law, moral
conduct, good manners or public order in the URLs in which EMT
advertising will be inserted.
Partners are expressly prohibited from modifying the code or URLs provided by EMT.
Partners are expressly prohibited from ceding, or transferring the
rights and obligations established in the present Conditions to third
parties. Nor will they be resold or ceded for commercial reasons.
Partners are also expressly prohibited from using EMT's services fraudulently.
Partners are responsible for maintaining their user names and passwords
completely confidential and secret. EMT reserves the right to execute
the actions or complaints it deems necessary as a consequence of any
damages caused to EMT by a Partner's breach of this responsibility.
Partners are solely responsible for compliance with the obligations
associated with the applicable current legal framework for the
realization of their respective activities, and are obliged to leave the
other parties exempt from claims, lawsuits or actions (administrative,
criminal, or civil) that may arise from the total or partial breach of
the obligations that the present section refers to.
8. Transfer of ad service
The advertising service, through which EMT provides advertising for
Partner web pages, using different advertising formats, may not be
transferred, resold, or ceded in connection with the sale or transfer of
a Partner web page or for any other reason. For example, when a web
page changes owners or administrators, the owner must cancel EMT's
service and the new owner or administrator must solicit a new EMT
account.
9. Responsibility
EMT will
not be held responsible for the actions or omissions of Partners that
perform a complete or partial breach of the present conditions.
EMT does not guarantee an advertising service free of errors or
interruptions, nor will it be held responsible in such cases. In no
circumstance will EMT be responsible for losses, damages, or harm of any
type that Partners may suffer due to these errors. EMT will not be held
responsible for advertising placed by the Partners in their own URLS
that breaches these Conditions partially or in its totality.
EMT will not be held responsible for the infection of Partner or third
party hardware, software, or computer systems by foreign computer
programs or materials that contain instructions that may cause harmful
effects, including but not exclusive to "computer viruses", "trojan
horses", "worms", etc.
Partners will leave EMT exempt from the
actions or claims that third parties might exercise against EMTor other
Partners, when said actions or claims are a consequence of actions or
omissions exclusively attributable to the Partner and/or derived from a
full or partial breach of the content of the present conditions. EMT
reserves the right to execute corresponding judicial actions and/or
claim indemnization for the damages caused. If EMT were to suffer any
type of economic claim, EMT reserves the right to discount the cost of
the same from the revenue generated by itself or the Partners that must
contest the economic claim in virtue of the content of the present
General Conditions.
EMT will not be held responsible for advertising or promotions done by the Partner that have not been provided by EMT.
Partners will not be held responsible for the content of the advertising campaigns shown by EMT's ad service.
Partners will not be held responsible for the content shown to users as
a consequence of the use of EMT's service, and will be exempt from any
responsibility that might be derived from the same.
10. Intellectual and Industrial property
Partners agree, through the acceptance of the present Conditions, to
obey all the guidelines relating to intellectual property in the
provision of services, for which EMT will be exempt from any and all
responsibility that might come as a consequence of a possible
infringement of intellectual property rights in relation to the services
provided by Partners, leaving EMT exempt from any claims that might
arise for this reason.
Partners will be held fully responsible
for the content and services of URLs under their ownership. The services
provided by Partners may not be illicit, immoral, or disturb the public
order.
Partners will be solely responsible for damage claims
brought by any third party against EMT that result directly or
indirectly from the breach of the Partner guidelines and obligations
expressed in these Conditions. Furthermore, Partners are obligated to do
whatever necessary to keep EMT exempt from claims or demands of any
type, in relation to the functioning of the mentioned services.
Partners promise to correctly comply with the legal protection demanded
in order to avoid the lodging of complaints, actions, or lawsuits
(administrative, criminal, or civil) by third parties before any
jurisdiction or trial. EMT is exempt from any responsibility derived
from any breach of Partner obligations in intellectual or industrial
property rights and provision of services.
11. Breach and resolution
EMT will settle, cancel, or suspend (temporarily or permanently)
without bias, a Partner account without the right to payment of pending
revenue generated in any of the following cases: (i) If the partner
partially or fully breaches the terms and clauses in the present
Conditions; (ii) If EMT cannot verify or authenticate information
provided by the Partner; (iii) If the Partner were to perform actions
that were to place additional responsibilities on the Partner, EMT, or
third parties; (iv) If the partner breaches applicable guidelines; (v)
If EMT discovers that the activity or information of its Partners are
illicit or damages the rights or property of third parties with the
right to an indemnization; (vi) If a Partner were to cede, subrogate, or
attempt to cede part or all of the assets, rights and obligations that
correspond to them in virtue of the present conditions to third parties;
(vii) If a Partner were to place advertising formats that were
difficult to see or confusing for the user, and as a consequence of said
placement of formats the Partner were to generate little access
traffic, EMT is within its rights to cancel said Partner's account;
(viii) If EMT were to believe, based on its own statistics and control
systems, that a Partner is using the impressions and clicks service in a
fraudulent manner in order to increase revenue; (ix) If EMT were to
discover that a Partner was not complying with the task of maintaining
its passwords secret; (x) If EMT were to believe, based on its own
statistics and control systems or additional information, that the
"Medium" registered by a Partner is not generating profitable traffic
for the advertising system, (if the traffic does not convert, or
generate benefits to the advertisers) or these media have been judged to
have decreased in quality.
EMT and/or the Partners may
consider their contractual relation derived from the acceptance of the
present Conditions terminated at any time for no other reason than their
own will, with a pre-notice of fifteen (15) natural days, by mail or
whichever method EMT deems opportune to contact the client.
EMT, in compliance with its organization and optimization of its system,
may eliminate any user account and with it all the added services and
revenue generated, if the client does not enter the system or perform an
action in any of EMT's services during a period of one year.
EMT is within its right to end a contract giving service to a Partner if
it detects any type of fraud mentioned in previous clauses, resulting
in any content or service that the client has under contract falling
under EMT's possession as compensation for any problems the fraud may
have caused.
The resolution of these conditions does not exempt
from compliance of outstanding obligations as well as those applicable
to third parties.
12. Privacy Policy
EMT informs all Partners that the personal information provided will be
saved in an automized file whose purpose will be the management of the
contractual relation derived from the acceptance of the present
Conditions, as well as to keep the Partner informed about all of EMT's
new products, with the consent that the Partner's information will only
be used to comply for these purposes and, if necessary, to be released.
The owners of personal information will the right to freely access,
correct, and cancel the same by sending a message to the following
e-mail address: info@e-marketing-tech.com The right to access and
correction will also be available through the Partner Zone, in the
section "Your Information". An email address also will be the method of
choice to proceed to confirm the acceptance of the contract and inform
Partners of any changes in these Conditions.
We inform you that
the information provided is treated with maximum confidentiality, as
EMT has adopted the technical and organizational methods and measures
necessary to guarantee the security of personal information, avoiding
the alteration, loss, treatment or unauthorized access to the same.
We pledge to advise of any changes in the Privacy Policy immediately
through this web page, including the corresponding update in this
section. and measures necessary to guarantee the security of personal
information, avoiding the alteration, loss, treatment or unauthorized
access to the same.
13. Applicable Law and Competent Courts
The present Conditions are subject to the content of current applicable legislation.
In order to resolve any case of litigation, discrepancy, difference, or
conflict that might come from the execution or interpretation of the
present Conditions, the applicaple court will be the competent courts.