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I agree to the network Terms and Conditions (Click here to view). I also understand and agree that as a representative of a business, the personal information i have provided will be used to create and administer network accounts on trusted third party platforms and used to send you relevant email communications by Appoddo.
1.1 Appoddo shall supply the Services to the Advertiser in accordance with the campaign details as set out above or overleaf (as the case may be) (the “Campaign”) in all material respects.
1.2 Appoddo shall use all reasonable endeavours to meet any performance dates specified in the Campaign, but any such dates shall be estimates only and time shall not be of the essence for performance of the Services.
1.3 Appoddo shall have the right to make any changes to the Services which are necessary to comply with any applicable law, or which do not materially affect the nature or quality of the Services provided, and Appoddo shall notify the Advertiser in any such event.
1.4 Appoddo warrants to the Advertiser that the Services will be provided using reasonable care and skill.
2.1 The Advertiser shall:
2.2 If Appoddo’s performance of any of its obligations under the Contract (as defined below) is prevented or delayed by any act or omission by the Advertiser or failure by the Advertiser to perform any relevant obligation (“Advertiser Default”):
3.1 The Order constitutes an offer by the Advertiser to purchase the Services in accordance with these Terms (which apply to the exclusion of any other terms that the Advertiser seeks to impose or incorporate, or which are implied by trade, custom, practice or course of dealing). The Order shall only be deemed to be accepted when Appoddo signs the Order, or if sooner when Appoddo start to provide the Services, at which point and on which date a contract between Appoddo and the Advertiser for the delivery of the Services (the “Contract”) shall come into existence.
4.1 Advertisers must pay for the Services in advance of such Services being provided, unless Appoddo agrees to provide the Advertiser with an account.
4.2 The Advertiser agrees that Appoddo may pass the Advertiser’s information to credit reference agencies and that Appoddo and such agencies may keep a record of any search that they do.
4.3 Appoddo shall be entitled to refuse any such account application and at any time to revoke without notice any account facilities, which it may previously have allowed and in either case to give reasons for its action or not as it in its absolute discretion shall think fit.
4.4 Appoddo reserves the right to suspend all Services until a payment has been received to bring the account balance to the Opening Balance. Appoddo will notify the Advertiser of the Opening Balance required prior to opening the account and from time to time as that limit is revised. The Opening Balance may be increased or the account facility withdrawn at the absolute discretion of Appoddo if in its opinion the account is not maintained in good order or if information is received from a credit reference agency suggesting an increase in the Opening Balance required (or withdrawal of the account facility) should be made.
5.1 All amounts payable by the Advertiser under the Contract are exclusive of amounts in respect of VAT chargeable for the time being. Where any taxable supply for VAT purposes is made under the Contract by Appoddo to the Advertiser, the Advertiser shall, on receipt of a valid VAT invoice from Appoddo, pay to Appoddo such additional amounts in respect of VAT as are chargeable on the supply of the Services at the same time as payment is due for the supply of the Services.
5.2 Without limiting any other right or remedy of Appoddo, if the Advertiser fails to make any payment due to Appoddo under the Contract by the due date for payment being 30 days from the date of invoice the “Due Date”), Appoddo shall have the right to charge interest on the overdue amount. Interest shall be calculated in accordance with the Late Payments of Commercial Debts (Interest) Act 1998 (as amended). Such interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. The Advertiser shall pay the interest together with the overdue amount. Appoddo reserves the right to refer any overdue amount to a third party agency or firm for collection and to add all and any costs associated with such referral to the overdue amount.
5.3 The Advertiser shall pay all amounts due under the Contract in full without any deduction or withholding unless Appoddo fails to comply with the advertising guide lines & banner restrictions which may result in the advertiser withholding payment for that month’s period for all traffic supplied by the source in breach.
5.4 Appoddo’s records shall be final as to determine qualified leads or sales passed. Any dispute that the Advertiser may have with the validity of qualified leads or sales must be made within ten (10) calendar days from the date of the invoice (the “Dispute Period”) in conformance with these Terms. Upon receipt of details of the dispute from the Advertiser, Appoddo shall act in good faith to attempt to resolve it.
6.1 All creative is subject to review by Appoddo, and Appoddo reserves the right to reject any advertisement at any time. Appoddo’s acceptance of creative shall not be considered an acknowledgement of the legality of the same for which the Advertiser shall at all times be responsible.
7.1 The Advertiser represents and warrants that its performance and/or any creative under the Contract will not (a) invade the right of privacy or publicity of any third person, (b) contain any libellous, obscene, indecent or otherwise unlawful material, or (c) otherwise infringe the rights of any third parties, including, but not limited to, such violations as infringement or misappropriation of any copyright, patent, trademark, trade secret, or other intellectual proprietary or property right, false advertising, unfair competition, defamation, invasion of rights of celebrity, violation of any anti-discriminatory law or regulation, or any other right of any person or entity. The Advertiser further represents and warrants that it is and will remain duly licensed, authorized and certified by all applicable governmental regulatory authorities to operate its business.
8.1 Appoddo shall not be responsible for payment to the Advertiser for any action, including but not limited to emails, impressions, clicks, acquisitions and/or purchases that is reasonably determined to be the result of consumer fraud or manipulation.
9.1 The Advertiser and Appoddo will be mutually indemnified, should any action arising out of or relating to any actual or alleged breach of these Terms or the Contract.
10.1 The Advertiser exclusively retains all rights, title and interest (including, without limitation, copyrights, trade secrets, trademark, patent rights, and any and all other proprietary rights) in and to any and all elements of its offer (including all promotions).
10.2 All Intellectual Property Rights and all other rights in the offers shall be owned by the Advertiser. The Advertiser hereby licenses all such rights to Appoddo free of charge and on a
non-exclusive, worldwide basis to such extent as is necessary to enable Appoddo to make reasonable use of the offers and deliver the Services.
11.1 SUBJECT TO THE TERMS THEREOF, THE ADVERTISER EXPRESSLY AGREES THAT USE OF THE SERVICE IS AT ITS SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” BASIS. TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, APPODDO EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED BY LAW, CUSTOM OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE. APPODDO MAKES NO WARRANTY REGARDING ANY THIRD PARTY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SERVICE OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SERVICE.
12.1 Nothing in these Terms limits or excludes Appoddo’s liability for:
12.2 Nothing in these Terms shall limit or exclude Appoddo’s liability for:
12.3 Subject to clause 12.2:
12.4 Except as set out in these Terms, all warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from the Contract.
12.5 This clause 12 shall survive termination of the Contract.
13.1 Without limiting its other rights or remedies, each party may terminate the Contract with immediate effect by giving written notice to the other party if:
13.2 Without limiting its other rights or remedies, Appoddo may terminate the Contract with immediate effect by giving written notice to the Advertiser if the Advertiser fails to pay any amount due under this Contract on the Due Date.
13.3 Without limiting its other rights or remedies, each party shall have the right to terminate the Contract by giving the other party 5 business days’ advance written notice.
13.4 On termination of the Contract for any reason:
15.1 This Contract is to be construed in accordance with and governed by the internal laws of England and Wales. The Advertiser agrees to comply with the laws of England and Wales that apply to the use of this Service and the compensation the Advertiser may receive.
15.2 If any part of the Contract is held to be unenforceable, the unenforceable part shall be given effect to the greatest extent possible and the remainder will remain in full force and effect.
15.3 Advertiser agrees that these Terms shall override and other agreement or terms signed by either party.
16.1 Except for obligations to make payment hereunder, neither party shall be responsible for any failure to perform its obligations under this Contract if such failure is caused by events or conditions beyond that party’s reasonable control and the party gives the other prompt notice and makes reasonable efforts to perform.
16.2 A party whose performance is affected by a force majeure condition shall be excused from such performance to the extent required by such force majeure condition so long as such party uses commercially reasonable efforts to avoid or remove such causes of non-performance and such force majeure event does not extend beyond one (1) month.
17.1 Advertiser recognises that Appoddo has proprietary relationships with the Publishers. Advertiser agrees not to circumvent Appoddo’s relationship with such Publishers, or to otherwise solicit, purchase, contract for or obtain services similar to the Services performed by Appoddo hereunder from any Publishers that is known, or should reasonably be known, by Advertiser to have such a relationship with Appoddo, during the term of the Agreement and for six (6) months following termination or expiration of the Agreement. Notwithstanding the foregoing, to the extent that Advertiser can show that any such Publishers already provided such services to Advertiser prior to the date of the first IO executed by the parties, then Advertiser shall not be prohibited from continuing such relationship.
17.2 Advertiser agrees that monetary damages for a breach, or threatened breach, of this Section will not be adequate by themselves and that Appoddo shall be entitled to liquidate damages from Advertiser in the amount equal to one hundred percent (100%) of the fees paid by Advertiser to the subject Media Partner, as applicable, for the prior twelve (12) month period. If the respective period is shorter than 12 months, the amount due will be calculated based on the true duration of the partnership to an equivalent of 12 months. Advertiser has the right to prove that no or only substantial lower damages occurred and Appoddo has the right to prove that higher damages occurred.
18.1 This Contract may be executed in counterparts, each of which shall be deemed an original, but both of which together shall constitute one and the same instrument.
18.2 Transmission of the executed signature page of a counterpart of this Contract by e-mail (in PDF, JPEG or other agreed format) shall take effect as delivery of an executed counterpart of this Contract.
19.1 Appoddo or the Advertiser are not permitted at any time assign, transfer, charge, subcontract or deal in any other manner with all or any of its rights under the Contract and may not subcontract or delegate in any manner any or all of its obligations under the Contract to any third party or agent.
19.2 The Advertiser shall not, without the prior written consent of Appoddo, assign, transfer, charge, subcontract or deal in any other manner with all or any of its rights or obligations under the Contract.
20.1 Any notice or other communication required to be given to a party under or in connection with this Contract shall be in writing and shall be delivered to the other party personally or sent by prepaid first-class post, recorded delivery or by commercial courier, at its registered office (if a company) or (in any other case) its principal place of business, or sent by e-mail to the other party’s main e-mail address.
20.2 Any notice or other communication shall be deemed to have been duly received if delivered personally, when left at the address referred to above or, if sent by recorded next day delivery.
20.3 This clause 19.3 shall not apply to the service of any proceedings or other documents in any legal action. For the purposes of this clause, “writing” shall not include e-mails.
21.1 A waiver of any right under the Contract is only effective if it is in writing and shall not be deemed to be a waiver of any subsequent breach or default. No failure or delay by a party in exercising any right or remedy under the Contract or by law shall constitute a waiver of that or any other right or remedy, nor preclude or restrict its further exercise. No single or partial exercise of such right or remedy shall preclude or restrict the further exercise of that or any other right or remedy.
21.2 Unless specifically provided otherwise, rights arising under the Contract are cumulative and do not exclude rights provided by law.
22.1 The Contract constitutes the entire understanding and agreement between the parties with respect to the subject matter of the Contract, and supersedes all prior and contemporaneous understandings and agreements, whether written or oral, with respect to such subject matter. Any changes, supplements or waivers to the Contract must be in writing and signed by authorized
representatives of both the parties.
23.1 Nothing in the Contract is intended to, or shall be deemed to, constitute a partnership or joint venture of any kind between any of the parties, nor constitute any party the agent of another party for any purpose. No party shall have authority to act as agent for, or to bind, the other party in any way.
24.1 A person who is not a party to the Contract shall not have any rights under or in connection with it.
25.1 If a court or any other competent authority finds that any provision of the Contract (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed deleted, and the validity and enforceability of the other provisions of the Contract shall not be affected.
25.2 If any invalid, unenforceable or illegal provision of the Contract would be valid, enforceable and legal if some part of it were deleted, the provision shall apply with the minimum modification necessary to make it legal, valid and enforceable.