TERMS AND CONDITIONS
The General Partner Conditions (hereinafter referred to as "Conditions") that govern the interactions between DolphinBid and its partners and customers (hereinafter referred to as "Partner") are contained in the current document.
1. THE SERVICE
1.1. DolphinBid gives You the chance to take part in our Service and Program by displaying its Ads on websites owned by publishers who have accounts with DolphinBid. DolphinBid will oversee, keep tabs on, and report on its Services in a manner and according to a schedule chosen by DolphinBid.
1.2. To become an advertiser or publisher, you must first successfully submit an application for an DolphinBid account on our website and follow this Agreement (if using self-service) or contact us to register as an advertiser or publisher. After reviewing your application, we will notify you of our acceptance or rejection as an advertiser or publisher of DolphinBid. We may, at any time and in our sole discretion, approve or reject your account registration for any reason. DolphinBid reserves the right, with or without your consent, to add, edit, delete or withdraw Account Data as deemed appropriate in DolphinBid' sole discretion.
1.3. By submitting an account application or registering as an advertiser or publisher, you acknowledge and agree that you understand the DolphinBid Terms of Use, including (but not limited to) this Agreement and the Privacy Policy posted on our website regarding the Services.
1.4. Accounts may not be transferred to third parties without the express written permission of DolphinBid. You may not use another person's account or password under any circumstances without the explicit permission and consent of the account owner. DolphinBid cannot and will not be liable for any loss or damage caused by your failure to comply with these obligations.
1.5. DolphinBid monitors, tracks and reports on agreed campaigns. In addition, DolphinBid will report if and when errors occurred in the campaign so that these errors can be corrected so that the campaign can run as agreed. DolphinBid will also, in its sole discretion, provide Campaign support and advice during the term of this Agreement.
1.6. Publisher agrees and understands that DolphinBid is a separate third-party service to both Advertiser and Publisher. This means that DolphinBid shall not be liable to the Publisher for any revenue not paid/explained by the Advertiser, and the Publisher shall be held harmless from any claim or liability relating to such unpaid amounts. DolphinBid agrees to use all reasonable efforts to periodically charge, collect and process payments from Advertisers. Any fees or payments, such as bank charges, currency or transaction fees, income taxes, etc., based on income generated by DolphinBid through your participation as Publisher are the sole responsibility of Publisher and Publisher agrees that DolphinBid is not responsible for them. DolphinBid reserves the right not to pay any Publisher who violates the terms and conditions of this Agreement.
6. RESPECT FOR OTHER INTERNET USERS
6.1. You and DolphinBid will respect the rights of other internet users (whether or not they are using DolphinBid services), be courteous to each other, follow internet usage ethics and traditions, and respect internet usage conventions.
2. USER REGISTRATION OBLIGATIONS
2.1. With respect to your use of the DolphinBid Services, you represent that you are of legal age to enter into legally binding contracts and are not prohibited from receiving the DolphinBid Services under the laws of any applicable jurisdiction.
2.2. As a condition of using this service, it is necessary to register with DolphinBid and obtain a password and user name. You must provide DolphinBid with accurate, complete and current registration information.
7. TERMINATION
7.1. DolphinBid may terminate this Agreement at any time in its sole discretion. DolphinBid may or may not notify the account holder (advertiser/publisher) by email, depending on the breach causing the termination of the contract. Advertiser may terminate this Agreement by deactivating all Ad Content in their account on the DolphinBid Platform. Publisher may terminate this Agreement at any time by removing any promotional materials provided by DolphinBid from his website and/or app.
3. PUBLISHER STATISTICS AND PAYMENTS
3.1. Statistical reports and data displayed are subject to change at DolphinBid' sole discretion.
3.2. All payments are based on DolphinBid' statistics, unless otherwise specified in the Insertion Order (“IO”).
3.3. DolphinBid reserves the right to defer payment if fraudulent activity is suspected.
8. FORCE MAJEURE
8.1. If either party fails to fulfill its obligations hereunder (other than an obligation for the payment of money), when such failure is due to circumstances beyond its reasonable control, including, but not limited to, any strike, factory closure, explosion, maritime peril, natural disaster, act by a public enemy, fire, flood, accident, war, riot, insurgence or any other similar event, then said failure shall be excused for the duration of such event and for such a time thereafter as is reasonable to enable the parties to resume performance.
4. ADVERTISER RULES AND OBLIGATIONS
4.1. DolphinBid provides tools to block inappropriate traffic sources. Advertisers shall submit a list of ineligible sources to be added to their blocklist.
9. CONFIDENTIALITY
9.1. You agree not to disclose any Confidential Information of DolphinBid without the prior written consent of DolphinBid. Confidential Information includes, but is not limited to, product information, data, statistics, pricing, financial information, software, specifications, research and development, proprietary algorithms or other materials.
9.2. The parties agree that any disclosure to professional advisors, accountants, or bankers is conditioned on each party agreeing to keep the information confidential as if each recipient were a party to this Agreement.
5. CONFIDENTIALITY AND PRIVACY POLICY
5.1. You agree not to disclose any Confidential Information of DolphinBid without the prior written consent of DolphinBid. Confidential Information of DolphinBid includes, but is not limited to: all DolphinBid software, technology, programming, specifications, materials, policies and documentation,
click-through rates or other statistics relating to DolphinBid and the Agreement and other information designated by DolphinBid in writing as “confidential” or its equivalent.
5.2. DolphinBid Confidential Information does not include information made publicly available through no fault of you or DolphinBid, or information that is developed independently without access to DolphinBid confidential information, as evidenced in writing, anything you lawfully received from a third party or when disclosure is required by law or governmental authority.
10. ASSIGNMENT, GOVERNING LAW AND JURISDICTION
10.1. DolphinBid may assign this Agreement to any subsidiary or successor company. Customer may not assign this Agreement without DolphinBid's prior written consent. Consent must not be unreasonably withheld.
10.2. This Agreement and any disputes or claims arising out of or relating to this Agreement or its subject matter or construction (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law.
11. Disclaimer of Warranties and Limitation of Liability.
Please read this section carefully as it limits our liability to the extent permitted by applicable law.
The Service may contain links to websites of third parties independent of us, including those owned by third parties. We are not responsible for the content, privacy policies and do not make any representations or warranties about the accuracy, completeness, or reliability of any information contained on any third party's website. We do not have the right or ability to edit the content of third party websites. You acknowledge that we are not responsible for any liability arising out of your use of third party websites. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE AND EXCLUSIVE RISK. The Service is provided "AS-IS" and without any warranty or condition, express, implied or statutory. We specifically disclaim to the fullest extent any implied warranties of merchantability, fitness for a particular purpose, non-infringement, title, information accuracy, integration, interoperability and quiet enjoyment. We disclaim any warranties for viruses or other harmful components in connection with the Service. Some jurisdictions do not allow the disclaimer of implied warranties, therefore, in such jurisdictions, some of the foregoing disclaimers may not apply to you insofar as they relate to implied warranties. UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR DIRECT, INDIRECT INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), INCLUDING LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS, RESULTING FROM ANY ASPECT OF YOUR USE OF THE SERVICE, WHETHER, WITHOUT LIMITATION, SUCH DAMAGES ARISE FROM (1) YOUR USE, MISUSE OR INABILITY TO USE THE SERVICE, (2) YOUR RELIANCE ON ANY CONTENT ON THE SERVICE, (3) THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION OR COMPLETE DISCONTINUANCE OF THE SERVICE, (4) THE TERMINATION OF THE SERVICE BY US, OR (5) THE TEMPORARY OR PERMANENT SHUTDOWN OF YOUR PROPERTY OR OTHER PROPERTIES PARTICIPATING IN THE SERVICE. THE FOREGOING APPLIES REGARDLESS OF NEGLIGENCE OR OTHER NEGLIGENCE OF A PARTY, AND REGARDLESS OF WHETHER SUCH LIABILITY IS BASED IN CONTRACT, NEGLIGENCE, TORT, OR ANY OTHER THEORY OF LIABILITY. These limitations also apply to damages resulting from any other service or product obtained or promoted in connection with the Service. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU IN THESE JURISDICTIONS. We warrant that (1) the Service will meet your requirements or expectations, (2) the Service will be uninterrupted, timely, secure or error-free, and (3) the results obtained from using the Service will: We do not guarantee that it will be the same. (4) the quality of any products, services, information, content, or other materials obtained through the Service will meet your requirements or expectations; and (5) all defects in the content will be corrected. ANY CONTENT OBTAINED USING THE SERVICE IS AT YOUR OWN DISCRETION AND RISK. You are solely responsible for any damage to you, your computer system or other device, or any loss of data resulting from such content.