Terms & Conditions

PaidScore Affiliate Agreement

PaidScore (the, “PaidScore”, “We”, etc.) being a network offering PaidScore Affiliate Offers (Offers) to Affiliates globally (the, “Service”), and

You (the, “Affiliate”, “You”, “Yours”, etc.) being the owner/administrator/controlling person of a website/Traffic source or having sufficient authority to enter into present Agreement, who seeks to become an Affiliate and/or to participate in an Offer and use/link/place/display a particular Ad/Advertisement to your website/Traffic source, aiming the successful completion of that particular Offer through the Qualified Action of end user(s),

WHEREAS,

PaidScore has offered its service to the Affiliate through www.paidscore.com (the, “Program”, etc.) and Affiliate’s personal account, and you decided to utilize the Service,

NOW,

PaidScore and Affiliate hereby agree as follows:

BY CHECKING THE BOX AND CLICKING “I ACCEPT” BUTTON, AS APPLICABLE, AND/OR BY PARTICIPATING IN AN OFFER, OR BY CONTINUING TO PARTICIPATE IN THE SERVICE FOLLOWING OUR PUBLICATION OF THE REVISED VERSION OF THIS AGREEMENT ON OUR WEBSITE, YOU (A) CONFIRM THAT YOU ARE AWARE AND COMPLY WITH PRESENT AGREEMENT AND AGREE TO BE BOUND BY THIS AGREEMENT; (B) ACCEPT THAT EACH OFFER MAY HAVE ADDITIONAL TERMS AND CONDITIONS ON PAGES WITHIN THE PaidScore NETWORK AND ARE INCORPORATED AS PART OF THIS PaidScore AFFILIATE AGREEMENT; (C) ACKNOWLEDGE AND AGREE THAT YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF PARTICIPATING IN THE PROGRAM/SERVICE/OFFERS AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE, OR STATEMENT OTHER THAN AS EXPRESSLY SET FORTH IN THIS AGREEMENT; (D) HEREBY REPRESENT AND WARRANT THAT YOU ARE AUTHORIZED AND LAWFULLY ABLE TO ENTER INTO THIS AGREEMENT AND THAT YOU ARE
AND WILL REMAIN IN COMPLIANCE WITH THIS AGREEMENT; AND (E) AGREE TO RECEIVE DIRECTLY TO YOUR EMAIL NEWSLETTERS, TRAFFIC MONETIZATION INSIGHTS, LATEST PROMOTIONS, CASE-STUDIES AND TUTORIALS FROM US.

Definitions

1.1. “Ad(s) or Advertisement(s)” – means links, graphical, interactive, rich media and video, or other online advertisements, including, without limitation, banners, buttons, towers, skyscrapers, pop-ups, pop-under and video advertisements or other creative materials or similar generated by advertiser’s web-servers in response to a query from PaidScore.

1.2. “Affiliate” – means a party that has decided to enter into this Agreement and to assign PaidScore to provide services in accordance with the terms and conditions of this Agreement.

1.3. “Affiliate Account” / “Account” – means the Affiliate’s account at PaidScore web-site www.paidscore.com and https://app.paidscore.com/login

1.4. “Content” – means textual, visual, or aural content that is encountered as part of the Affiliate’s website(s)/Traffic source(s). It may include documents, data, applications, e-services, images, audio and video files, personal web pages, archived email messages, and etc.

1.5. “PaidScore Affiliate Offer(s) (Offer or Offers)” – means Offers available for Affiliates in the PaidScore network, each Offer includes specifications relating to Ad(s) or Advertisement(s) that are to be used/linked/placed/displayed on the website(s)/Traffic source(s) of Affiliates. Offers are considered to be completed through the Qualified Actions of end user(s).

1.6. “PaidScore Network” – means PaidScore’s network offering the Service to the Affiliate, available at www.PaidScore.com, which includes advertisers and Affiliates.

1.7. “Confidential Information” – will include any information, whether provided in writing, orally, visually, electronically or by other means, related to the Service(s) and/or business of a party and is treated as confidential or secret by the party, including but not limited to (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.

1.8. “Effective Date” – means the date of adoption of the terms of this Agreement by the Affiliate or in the absence of its signature, the date when the Affiliate set up an Affiliate Account with PaidScore.

1.9. “Qualified Action” – means when an individual person (i) accesses Ads used/linked/placed/displayed on Affiliates website(s)/Traffic source(s), (ii) is not a computer generated user, such as a robot, spider, computer script or other automated, artificial or fraudulent method to appear like an individual, real live person, (iii) is not generated based on a system of rewards and/or not otherwise considered to be incent, (iv) is not using pre-populated fields (v) completes all of the information required for such action within the time period allowed by Offer(s) and/or fulfills any other action required by a specific Offer and (vi) is not later determined by PaidScore to be incentive, motivated, fraudulent, incomplete, unqualified or a duplicate.

1.10. “Traffic Source” – means/includes/represents/refers to any and/or all websites, doorways, social networks, emails marketing, Traffic sources of the Affiliate and/or any other Traffic source available for the Affiliate in each Offer through the PaidScore network for the provision of the services under the terms of this Agreement.

The Service

2.1. In order to become an Affiliate, you must first accurately submit an application for PaidScore account at our website and be in compliance with present Agreement (in case of using Self-service) or register as an Affiliate by contacting PaidScore directly (in case you wish to use dedicated campaign Management service) for acceptance, 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 as PaidScore’ Affiliate. We may accept or reject your account registration at any time at our sole discretion for any reason. PaidScore reserves the right to add, edit, remove or reclaim any account details (including your submissions) with or without your consent if deemed appropriate at PaidScore sole discretion.

2.2. By filing your account application or registering as an Affiliate you confirm your understanding and unreserved acceptance of present Agreement and other terms and conditions of PaidScore, including, but not limited to the Privacy Policy, published at our website concerning the Services, and confirm that you are a duly authorized signatory, have full legal capacity and all the necessary authority to bind the individual, company or other entity, and hereby submitting a legally binding electronic signature and entering into a legally binding contract.

2.3. In order to be eligible to become a PaidScore’s Affiliate, all Traffic source(s)/website(s) where Ads from the Offer are to be placed by the Affiliate, shall meet the following criteria:

  • Be content-based; and
  • Shall comply with the applicable legislation and/or regulation and requirements of the Offer.

2.4. Affiliate understands and accepts that PaidScore does not allow and prohibits the multiple account opening for each Affiliate. Affiliate agrees not to fill in an account application and/or register as an Affiliate more than one time and/or hold more than one account with PaidScore for any reason and/or in order to benefit in any way from any marketing promotional program/project and/or offer available for the Affiliate by PaidScore.

In any case where PaidScore identifies multiple account applications/registrations/openings/holdings of an Affiliate through the use of any technology or through other means available for and/or acceptable by PaidScore only, PaidScore may forbid access to and/or suspend and/or ban and/or close any such multi accounts and/or the main account of the Affiliate and/or manage all accounts in such way and/or take any other actions and measures deemed appropriate in the sole discretion of PaidScore , regardless of the reason/purpose that such multi account applications/registrations/openings/holdings were created.

If the only and/or any account of the Affiliate is forbidden access to and/or is suspended and/or banned and/or closed for any reason, including but not limited for reasons related to prohibited/non accepted activity, the Affiliate understands and agrees that is not allowed and will not fill in another account application and/or re-register and/or create and/or hold any other new account for the same reason and/or for any other prohibited/non accepted activity.

2.5. PaidScore may allow multi account applications/registrations/openings/holdings for an Affiliate if this is specifically and clearly predefined as accepted/permitted in any specific marketing promotional program/project and/or offer and/or in exceptional cases, at any time and for any reason PaidScore considers acceptable and solely at its own discretion, if the Affiliate submits such request by sending an email to support@PaidScore.com.

2.6. The content of the Affiliate’s Traffic source(s) or its affiliated website(s)/Traffic source(s) must not include nor be based on any inappropriate or illegal content as such and/or on material that infringes the rights of any third party or is in violation of any law, as bound by the law or determined by us in our sole discretion, including but not limited to the following:

  • pornography, adult or mature content;
  • illegal activity and/or promotion of illegal activity (i.e. illegal online gambling, how to build a bomb, counterfeiting money, hacking, phreaking, etc);
  • hate-mongering (i.e. racial, political, ethnic, religious, gender-based, sexuality-based or personal, etc.) or otherwise objectionable content;
  • violence (including gratuitous violence), profanity, obscene or vulgar language and abusive content or content which endorses or threatens physical harm;
  • illegal substance and/or promotion of illegal substance;
  • drugs or any related paraphernalia;
  • adware, malware, viruses, phishing;
  • no misleading information and or other materials, providing false info to the user;
  • purchase of weapons/military equipment;
  • false or deceptive investment advice, and others;
  • Intellectual property rights (branch name, trademarks, logo, etc);
  • Investment, money-making opportunities or advice not permitted under law;
  • Material that defames, abuses, or threatens physical harm to others;
  • Software Pirating (e.g., Warez, P2P, Bit torrent, Hotline, etc.);
  • Hacking or Phreaking;
  • Any illegal activity whatsoever;
  • Any spoofing and/or redirecting of the users in an effort to gain traffic; or
  • Any other inappropriate activity as determined by us in our sole discretion.

2.7. PaidScore has the following Non Acceptable Business rules for Affiliates:

  • Where there are known or perceived links to terrorist organizations, military, arms and/or ammunition manufacture or sales;
  • Where there is knowledge or suspicion of money laundering or terrorist financing;
  • Where it is known or there are reasonable grounds for suspicion that a criminal offense has taken place;
  • Where the Affiliate or any of the Affiliates associated parties are subject to any sanctions measures;
  • Where the Affiliate is undertaking an activity or trade within, from or into a country where that activity is subject to embargo and/or trade control restrictions;
  • Producers/Affiliates of racist/pornographic/pressure group material or extreme political propaganda;
  • Regulated entities that do not have the appropriate licensing;
  • Political organizations.

2.8. Affiliate must not use any tool and/or inventory and/or campaign preferences available for him through PaidScore for and/or in any way that suggests and/or results to any misleading and/or fraudulent activity. Affiliate understands and agrees that such tools and/or inventories and/or campaign preferences are only provided to the Affiliate in good faith and that PaidScore is not responsible and must not bear any responsibility whatsoever in relation to their use at any time.

2.9. There are the following methods of using the Service available – Self-Service or Management service.

Self-Service assumes that access to the Service shall be provided through Affiliates’ personal account. PaidScore support team may provide assistance upon your request, however, all the actions or modifications made through your account shall be deemed made solely by you.

Management service assumes that assistance of using the Services and Program shall be provided by PaidScore officers.

2.10. All support and/or assistance and/or service provided to Affiliate by PaidScore and/or PaidScore officers and/or support team and/or any other PaidScore personnel and/or employee is intended to be and must be considered by the Affiliate as mere information. No information and/or support and/or assistance and/or service provided during such Self-Service or Management Services and/or during the Provision of the Services themselves shall be construed as containing, advice or a recommendation or an offer of or solicitation for any service provided, regardless of the type, kind, form, mean, way in which it is provided. In addition, any past performance described is not a guarantee of or prediction of future performance. PaidScore does not take into account your personal objectives or financial situation. PaidScore makes no representation and assumes no liability as to the accuracy or completeness of the information provided, nor as to any loss arising from any action based on an assumed recommendation, forecast or other information supplied by any PaidScore officers and/or support team and/or any other PaidScore personnel and/or employee. All expressions of opinion are subject to change without notice. Any opinions made may be personal to the individual itself and may not reflect the opinions of PaidScore. No communication whatsoever must be reproduced or further distributed without the prior permission of PaidScore.

2.11. In order for any communication between the Affiliate and PaidScore and/or PaidScore officers and/or support team and/or any other PaidScore personnel and/or employee to be deemed as information provided by PaidScore as part of the Provision of PaidScore Services to the Affiliate, whether conducted during the Provision of Services themselves and/or during the use of Self Service or Management Service, must be contacted through the authorized channels of PaidScore, namely through the support chat within SSP and through an email registered with PaidScore. Any information provided through any other means of communication must not in any way be considered as information provided by PaidScore officers and/or support team and/or any other PaidScore personnel and/or employee as part of the Provision of PaidScore Services to the Affiliate and/or during the use of Self Service or Management Service. PaidScore and Affiliate both consider all such other means of communication as unauthorized channels of communication and agree that PaidScore shall bear no responsibility whatsoever for any information provided through them.

2.12. You may not transfer your account to anyone without explicit written permission of PaidScore and you may not use anyone else’s account or password at any time without the express permission and consent of the holder of that account. PaidScore cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.

Placement of Ads

3.1. Affiliate shall place any Ads of Offers available in PaidScore network only on website(s)/Traffic source(s) that meet all the requirements contained in the Offer.

In the case whereby Ads are placed in website(s)/Traffic source(s) that are in breach with the Offer requirements, PaidScore reserves the right to withhold payment for a specific and/or all Offers in which Affiliate is participating in and/or submit an immediate legal action against the Affiliate and/or set a monetary fine in the amount based on the damages caused to PaidScore.

3.2. PaidScore does not check or control the activities or contents at your website(s)/Traffic source(s), but all the services may be rejected and we reserve the right to delete your account, withhold and freeze all fees and remunerations if you engage in fraudulent or illegal activity. Affiliate has the sole responsibility for the development, operation, maintenance and all content of your website(s)/Traffic source(s).

Online Reports

4.1. Use of the Service shall be carried out on a monthly basis. For the purpose of the present Agreement, a calendar month shall be deemed as a reporting period (“Reporting Period”).

4.2. During the month Affiliate may track online reports within PaidScore reporting system in Affiliates’ personal account, which are only estimated numbers subject to being adjusted within up to thirty (30) days after the end of the Reporting Period. In all cases, we will use commercially reasonable methods and practices to direct and measure traffic. Offers may be adjusted at any time by the PaidScore team to comply with advertiser´s ad serving stats. At the end of the Reporting Period the reports are frozen and within the following sixty (60) days will include the definitive numbers of earnings. For avoidance of doubt, PaidScore reporting system (stats) will be prevailing in any case.

Affiliate Earnings

5.1. Cost of using Service depends on the amount of Offers completed during the reporting period based on end users Qualified Actions as generated by PaidScore reporting system (stats), available in your personal account. All reported statistics for the purposes of billing and general delivery reporting are based on the PaidScore reporting system only.

5.2. In the event that Affiliate believes that there is a discrepancy in PaidScore’s reporting system, Affiliate must provide PaidScore with a reasoned report of such discrepancy within three (3) calendar days from receipt of PaidScore’s reports. Otherwise, PaidScore shall not be liable for such discrepancy, and will calculate earnings on the basis of its reporting system. If the parties are unable to reach an agreement regarding the discrepancy, then PaidScore stats and reports shall prevail.

5.3. PaidScore is entitled to make adjustments in Affiliate’s account in one of the following cases:

  • To pay promotions and bonuses
  • Due to technical reasons
  • Due to Affiliate’s fraudulent activity
  • On the basis of additional agreements with You
  • Due to Advertiser’s complaints or refunds

Payments

6.1. PaidScore offers its Affiliates a wide range of payment methods in order to provide convenient conditions for mutually beneficial cooperation. PaidScore has the following payment terms:

Billing type: We typically run Weekly  billing cycles.

Minimum payment amounts:

  • payment service providers – 100 USD

if minimum payment amount is not reached, PaidScore will be adding the sum of Affiliate’s account balance to the next payment(s) until the specified minimum payment amount is reached;

payment service providers – according to the limits set forth in your personal account subject to selected payment method.

If the balance is less than the limits above, PaidScore will add the amount to the next payment until the account balance reaches the specified minimum. The specified minimum amounts can be adjusted with agreement of all parties hereto however such payments may be subject to banking and administration fees.

6.2. PaidScore acts as a third party for advertisers, therefore Affiliate understands and agrees that payment for Affiliate’s revenue is dependent upon payments from advertisers of the Offer to PaidScore that it has received without any restrictions. You hereby release PaidScore from any claim for Affiliate’s revenue if PaidScore did not receive funds from the advertiser. Affiliates shall hold PaidScore harmless and indemnify it from any claims or liability related to such unpaid revenue.

6.3. PaidScore provides the ability to perform payments by using payment service providers. Affiliates shall have the right to select any payment service provider available. You agree that PaidScore is not responsible for any actions made by the payment service provider including but not limited to any additional transaction fees, banking commissions or currency fees applied to your transaction. All payments shall include the above-mentioned fees and commission, if applicable.

6.4. Affiliate is responsible for all applicable taxes associated with provided Services, other than taxes based on PaidScore income. Affiliate shall indemnify PaidScore against all losses suffered or incurred by the PaidScore arising out of or in connection with any payment made to the Affiliate.

6.5. Affiliate is responsible to supply valid payment details in the personal account of our Service, if details are wrong or if the Affiliate changes its payment details, it is the Affiliate’s responsibility to notify by mail 14 days before payment due date. Affiliates will bear payment fees if required. In any event, all payments will be made at the payment details specified in your personal account in our Service.

6.6. All payments are processed automatically. We may, in our sole discretion, refuse to process a payment (and may place a payment hold) on any part of your account for any reason, block your account and terminate this Agreement, including if we have a reasonable suspicion that you have breached any clause of this Agreement. We also reserve the right to set-off any amount you owe us, including for breaches of this Agreement. We assume no responsibility for paying any taxes on payments made to you, and you acknowledge and agree that it is your complete and sole responsibility to pay for all taxes as a consequence of your participation in the Program, Offers and PaidScore Affiliate Service.

6.7. Hereby you represent and warrant to provide PaidScore with all the documentation or its equivalents, needed for identification of the parties, ascertainment of the legal fact and fulfillment of its obligations under this Agreement, within 15 business days from the date of request. In certain cases, we may withhold all payments until we will receive relevant documentation from you.

6.8. You on your own shall ensure the ability to receive payments from PaidScore to a specified bank account or at a relevant payment provider. If the receipt of remuneration or other payment is delayed or failed because of your non-compliance with this clause 6 (including if the failure or delay is caused by a third party payment service provider you are using), PaidScore shall not be responsible for violation of terms of payment.

6.9. If you believe that any fault in the transaction has taken place, you agree to notify us immediately, and we will make all possible efforts to eliminate delays or errors in payment processing. Unless your claim has been submitted within 30 days after the charge, you will have waived, to the fullest extent permitted by law, all claims against PaidScore related to the transaction. If you experience a technical failure or interruption of services that causes your funding transaction to fail, you may request that your transaction be completed at a later time.

6.10. By entering into this Agreement, you agree to receive Affiliate’s revenue as from PaidScore, or from its affiliates, subsidiaries, agents, sub-contractors or distributors.

Representations, Warranties and Covenants

  1. You represent, warrant and covenant that: your website(s)/Traffic source(s) is in compliance with all applicable laws and terms and conditions of present Agreement, and does not contain or promote, nor links to another website/Traffic source that contains, libelous, defamatory, abusive, violent, prejudicial, obscene, infringing, sexually explicit or illegal content, including copyright ownership infringements and unlawful use of intellectual property;
  2. You agree not to promote via website(s)/Traffic source(s) or link to website(s)/Traffic source(s) containing any pornographic, racial, ethnic, political, software pirating (e.g. Warez) or hacking, hate-mongering, or otherwise objectionable content;
  3. You agree not to engage in any illegal activity, in accordance with applicable law, whatsoever, is not allowed;
  4. You represent and warrant that you own or have legal rights to participate in Offers and/or use and distribute all Ads, content, links, copyrighted material, trademarked materials, products, and services displayed on your website(s)/Traffic source(s); you agree not to deceit/use to deceit when marketing advertiser’s offers/Ads or presenting these offers/Ads to consumers; you have the right, power, and authority to enter into this Agreement and grant the rights specified herein;
  5. You will not, in any way, re-broker any PaidScore Offers throughout the duration of this Agreement and/or at any time after the termination of this Agreement. Your hereby agree that PaidScore prohibits and forbids at all times your use and placement of its Offers on other CPA affiliate networks through/in any way;
  6. You will not attempt in any way to alter, modify, eliminate, conceal, or otherwise render inoperable or ineffective the Service, Ads, network, tags, source codes, links, pixels, modules or other data provided by or obtained from PaidScore that allows PaidScore to measure Ad performance/Traffic and provide its Service/services (“Site Data”);
  7. If instructed to do so by PaidScore and/or if this Agreement terminates, you will immediately remove and discontinue the use of any Site Data;
  8. You acknowledge that PaidScore does not represent, warrant, or make any specific or implied promises as to the successful use of Service;
  9. You agree to promote the Ads strictly as it required in Offer available in the Program and PaidScore Network;
  10. If you are notified that fraudulent activities may be occurring on your website(s)/Traffic source(s), and you do not take any actions to stop the fraudulent activities, then you are responsible for all associated costs and legal fees resulting in these fraudulent activities;
  11. You represent, warrant and covenant that you will not take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large loan on our technology infrastructure or otherwise make excessive demands on it;
  12. You may not disable, circumvent or otherwise interfere with security related features of our Service or features that prevent or restrict use or copying of any part of our Service, or which enforce limitations on the use of our Service;
  13. Hereby You irrevocably authorize PaidScore to transfer a request received by PaidScore to provide information for the payment directly to your financial institution available;
  14. You represent, warrant and covenant that your website/Traffic source does not contain any sexual or erotic material that depicts persons under the age of eighteen (18) or in a manner that suggests that they are under the age of eighteen (18);
  15. If any errors or undesirable results occur due to no fault of PaidScore, PaidScore shall not be responsible for losses and you may not be compensated;
  16. Affiliate undertakes to ensure that its technical preferences/technical platform supports the traffic directed to Ads of Offers through our Service. PaidScore takes no responsibility for all the consequences in the event your technical preferences/technical platform cannot support the traffic directed to your website(s)/Traffic sources(s). You shall test your website/Traffic source to ensure its correct appearance in different web browsers, devices or systems and optimize it if necessary.
  17. You must not make any representations, warranties or other statements concerning PaidScore or advertisers or any of their respective products or services, except as expressly authorized herein.
  18. You must make sure that your website/Traffic source does not copy or resemble the look and feel of PaidScore or create the impression that your website/Traffic source is endorsed by PaidScore or is a part of the PaidScore Service, without the prior written permission of PaidScore.
  19. You must comply with all (i) obligations, requirements and restrictions under this Agreement and (ii) laws, rules and regulations as they relate to your business, your website(s)/Traffic source(s) or your use of the Service.
  20. You must comply with all the terms, conditions, guidelines and policies of PaidScore and relevant Offer.
  21. Always prominently post and make available to end-users, including prior to the collection of any personally identifiable information, a privacy policy in compliance with all applicable laws that clearly and thoroughly discloses all information collection, use and sharing practices, including providing for the collection of such personally identifiable information in connection with the PaidScore Affiliate Service and the provision of such personally identifiable information to PaidScore and advertisers for use as intended by PaidScore and advertisers.
  22. Always prominently post and make available to end-users any terms and conditions in connection with the Offer set forth by PaidScore, or as required by applicable laws regarding such Offers.
  23. You acknowledge that every case of violation of the terms of this Agreement will lead to material and business standing losses of PaidScore in the amount of at least US $ 1,000. Therefore, we reserve the right to recover damages caused in the specified amount, or the amount of actually incurred losses, in the event of your breach of contract. Such losses may be deducted from the balance of your personal account in the Service.

Fraudulent Activity

8.1. YOU SHALL NOT CHEAT, DEFRAUD OR MISLEAD US, OR ATTEMPT TO CHEAT, DEFRAUD OR MISLEAD US, IN ANY MANNER.

You are expressly prohibited from using any means, program, tools, devices or arrangements and/or the Services provided to commit fraud, violate any applicable law, interfere with other affiliates or falsify information in connection with the Services or generating of remuneration or exceed your permitted access to PaidScore Service. You are forbidden from using any preference/method resulting in the re-direction of the end user to your website(s)/Traffic source(s) when such end user has at least once previously chosen through a certain action to leave your page.

These prohibited activities include but not limited to: framing an ad-banner’s click-through destination, invisible i-frame, auto-spawning of browsers, running “spiders”/”bots”, and automatic redirecting of users or any other technique of generating automatic or fraudulent click-through and/or impressions. Ads may not be placed on an automatically reloaded page. In any case PaidScore shall make all determinations about fraudulent activity in its sole discretion.

8.2. If Affiliate is suspected in any fraudulent activity PaidScore shall have the right to stop your participation in all or any Offers and Ban Your Affiliate Account, to withhold account balance and to take all necessary legal actions to restore the damage caused by this violation. All Offers/Services carried out on Affiliates website(s)/Traffic source(s) with fraudulent activities are not subject for payment.

Data Protection

9.1. You hereby agree to include on your website(s), a legally constructed privacy policy that describes how you collect, use, store and disclose end users’ personal data if any is collected, including without limitation e-mail addresses, and that instructs users how to opt-out if they wish to.

9.2. Your privacy policy must be publicly available to end users and shall disclose that third party advertisers may place cookies on the browsers of visitors to your website(s). In accordance to EU Directive 2002/58/EC as amended by Directive 2009/136/EC, you must provide end users with clear and comprehensive information regarding any devices (such as cookies or local shared objects) in use at their websites for storing information in the user’s terminal equipment or retrieving already stored information from the said terminal equipment. You are responsible and therefore must also implement an opt-in system which ensures that the prior and informed consent is obtained from end users in the European Union before any such devices are used or installed in the end users’ terminal equipment.

9.3. You hereby warrant that during the term of this Agreement, you shall comply with all applicable rules and regulations including but not limited to laws governing privacy, and data protection. You acknowledge, agree and release PaidScore from any liability whatsoever due to your failure to comply with this clause and with any Data Protection laws and regulations of the EU and worldwide.

Limitation of Liability; Disclaimer of Warranty

IN NO EVENT SHALL PaidScore BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM YOUR USE OF THE SERVICE, OPERATION OF A PROGRAM CREATIVE/ AD TECH/TOOL, AND/OR OF YOUR PARTICIPATION IN ANY OFFER AND/OR USE/LINK/PLACEMENT/DISPLAY OF ANY AD ON YOUR WEBSITE(S)/TRAFFIC SOURCE(S), AND/OR FROM OUR EFFORT AND/OR OUR ACTIONS INTENDING TO INCREASE THE PERFORMANCE OF YOUR WEBSITE(S)/TRAFFIC SOURCE(S) EITHER TAKEN WITH OR WITHOUT YOUR CONSENT INCLUDING BUT NOT LIMITED TO BROKEN IMAGES, SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES, EVEN IF PaidScore HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. PaidScore IS ONLY OFFERING THE SERVICE. THE INFORMATION, OFFERS, ADS, CONTENT AND OTHER PaidScore SERVICES ARE PROVIDED ON AN “AS IS” BASIS WITH NO WARRANTY. YOU USE THE SERVICE AND RUN PROGRAMS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY LAW, PaidScore DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE OPERATION OF THE SERVICE, THE INFORMATION, OFFERS, ADS AND CONTENT INCLUDED ON THE SERVICE AND PROVIDED BY PaidScore, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. PaidScore DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ON THIS SERVICE, NETWORK OR WEBSITE OR PROVIDED BY PaidScore IS ACCURATE, COMPLETE OR CURRENT.

Indemnity

You shall indemnify, defend and hold PaidScore harmless from and against any and all claims, allegations, liabilities, costs and expenses (including reasonable attorneys´ fees) which may be incurred by or to the third parties arising out of your: (a) improper use of the Service; (b) improper operation of a Program/Tool/Service; or (c) breach or violation of any clause of this Agreement or other mutual agreement of its parties.

Assignment, Governing Law and Jurisdiction

12.1. PaidScore may assign this Agreement to a subsidiary or business successor. You may not assign this Agreement without the prior written consent of PaidScore, which shall not be unreasonably withheld.

12.2. This Agreement and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the law of Cyprus.

12.3. Each party irrevocably agrees, for the sole benefit of PaidScore that, subject as provided below, the courts of Cyprus shall have exclusive jurisdiction over any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with this Agreement or its subject matter or formation. Nothing in this clause shall limit the right of PaidScore to take proceedings against Affiliate in any other court of competent jurisdiction, nor shall the taking of proceedings in any one or more jurisdictions preclude the taking of proceedings in any other jurisdictions, whether concurrently or not, to the extent permitted by the law of such other jurisdiction.

Severability

If any provision of this Agreement is held to be invalid, illegal or unenforceable for any reason, such invalidity, illegality or unacceptability shall not affect any other provisions of this Agreement, and this Agreement shall be construed as if such invalid, illegal or unenforceable provision had not been contained herein.

Intellectual Property Rights

14.1. Hereby we grant you a non-exclusive, non-transferable, revocable right to use PaidScore Affiliate Service and to access our network through our website and Service only in accordance with the terms and conditions of this Agreement, and for the sole purpose of identifying your website(s)/Traffic source(s) as a participant in the PaidScore Affiliate Service for increasing sales through Offers.

14.2. You may not alter, modify, manipulate or create derivative works of PaidScore, PaidScore’ network and Services, Offers, Ads, ad tech, graphics, creative, copy or other materials, program/tools owned by, or licensed to PaidScore in any way. We may revoke your license anytime by giving you a notice (including via email or in your personal account). Except as expressly stated herein, nothing in this Agreement is intended to grant you any rights to any of PaidScore trademarks, service marks, copyrights, patents or trade secrets. You agree that we may use any suggestion, comment or recommendation you choose to provide to PaidScore without compensation. All rights not expressly granted in this Agreement are reserved by PaidScore.

14.3. Your use of the Service shall be governed by and subject to the laws and regulations regarding copyright ownership and terms of use of intellectual property. You represent, warrant and covenant that you do not upload, download, display, perform, transmit, or otherwise distribute any object in violation of any third party’s copyrights, trademarks, or other intellectual property rights. You represent, warrant and covenant that you abide by the laws regarding copyright ownership and use of intellectual property and you shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by you.

14.4. ALL THE PARTIES HEREBY AGREE THAT PaidScore DOES NOT HAVE ANY AUTHORITY OR ABILITY TO CONTROL ADS, CONTENT AT AFFILIATE’S WEBSITE(S)/TRAFFIC SOURCE(S) AND FOR THIS REASON, WE CANNOT BEAR ANY RESPONSIBILITY REGARDING BREACHING OF ANY THIRD PARTY’S INTELLECTUAL PROPERTY RIGHTS OR OTHER RIGHTS.

Termination

15.1. This Agreement shall commence upon your acceptance and remain in effect until terminated. This Agreement may be terminated by either Party upon two (2) business days´ notice. This Agreement shall terminate immediately upon the dissolution or insolvency of either Party, or the breach of this Agreement by you. PaidScore reserves the right, in its sole and absolute discretion, to terminate the services and remove any Offers and/or Ads at any time for any reason. In any case of 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 Offers, Ads and all PaidScore intellectual property, and will cease representing yourself as a PaidScore Affiliate for such one or more Offers.

15.2. This Agreement will be blocked when the Affiliate’s Account has not been in use for One (1) months.

You will receive a notification informing you that your account is blocked because of “Inactive account status”. After deactivation, you will have 30 calendar days to restore your account. To do so, you have to login to your account and follow the steps described there. If your account is not reactivated within 30 calendar days it will be deleted without the option to restore it.

If your account balance is 0 EUR/USD, the system will automatically block your account, if otherwise not agreed by the parties. If your account balance is above 0 EUR/USD, the remaining funds will be fully deducted from your account.