This Agreement is set to regulate the legal right and obligations between the Account Holder (“Advertiser” and/or “Publisher”) and PlugRush (“PlugRush Network”, “PlugRush Platform”). PlugRush is a tradename for the legal entity JMT Nordic AS, a Norwegian company with registration number 912663183. By using any of the services provided by PlugRush, you are accepting and bound by the terms and conditions of this Agreement. The terms and conditions of this Agreement are subject to change at any time and must be read regularly. If you do not accept this Agreement, please notify us and we will close down your Account from accessing the PlugRush Platform.
OBJECT OF THIS AGREEMENT
By virtue of this Agreement, Advertiser pay for traffic so they can advertise its Products, including but not limited to, Apps, Goods, Offers, Services, Websites, etc, using Advertising Content that is displayed on, embedded into or otherwise delivered by the Publishers’ Website(s) and/or App(s) using PlugRush’s Ad Zone Codes. PlugRush is a service provider and has no effective knowledge about the Advertising Contents created by the Advertiser and published through the Publisher’s Website(s) and/or App(s). The Advertiser is solely responsible for it and will hold PlugRush harmless of any damages, infringements, losses or responsibilities, monetary or otherwise, should it contain anything illegal, violate laws, copyrights, trademarks or intellectual property, etc.
PUBLISHERS
ELIGIBLE PUBLISHER(S)
PlugRush reserves the right to accept or reject any Publisher at any time. If not accepted, the Publisher will not be entitled to any payment even if there is generated revenue in the Publisher’s Account in the PlugRush Platform. It is the Publisher’s responsibility to be updated with, and follow, all of PlugRush’s Guidelines and Rules, as well as the General Laws of Norway, USA and the country of the Publisher’s residence. If the Publisher is buying traffic outside of its own Website(s) or App(s), acting as an intermediate between other sources of traffic and PlugRush, like an agent, media buyer or ad network, the Publisher is responsible for the compliance of all its partners, sources and traffic, that is sent to the PlugRush Network.
Examples of Website(s) or App(s) we do not accept are:
- websites/apps that infringe the intellectual property, copyright or trademark of others
- websites/apps that participate in or transmit unsolicited e-mail, SMS, spam, messages, etc
- websites/apps with illegal, false or deceptive investment advice
- websites/apps that are under construction or have limited content
- websites/apps with more than one pop-up/- under
- websites/apps with discrimination, hate or violence towards a person or group of persons based on their origin, ethnic background, nation, race or religion
- websites/apps which promote pornographic content with minors, beastiality or scatology.
PlugRush does not screen all Websites or Apps in the platform sending us traffic, but any Website or App may be checked for compliance at any time by our own initiative or if brought to our attention, without prior notification to the Publisher. If the Website or App in question is in breach of this Agreement, the Publisher shall not be entitled to any payment, even if there is generated revenue in the Account in the PlugRush Platform.
STATISTICS AND FRAUD
The PlugRush Platform will be the official counter for statistics, impressions, clicks, revenue earned, etc. Any form of artificially generated traffic, including but not limited to fraudulent impressions or clicks, generated by auto-redirects, bots, botnets, iframes, parent window redirect or scripts, will result in the termination of this Agreement and the Account. The Publisher accepts to be solely liable for any errors and any direct or indirect damages or losses inflicted on PlugRush or its Advertiser(s), of such fraudulent and non-compliant traffic or use, through the PlugRush Platform. The Publisher will not be entitled to any payment from PlugRush and agrees to give a direct compensation in case PlugRush suffers any damages or losses, monetary or otherwise.
INVOICES AND PAYMENTS
Through this Agreement, the Publisher instructs PlugRush to generate and issue invoices on behalf of the Publisher, often referred to as Reverse Invoicing. PlugRush will automatically generate these invoices, and corresponding payouts in U.S. Dollars, to the Publisher on a weekly basis, based on the Statistics in the PlugRush Platform. The Publisher is solely responsible for keeping its personal or business information up-to-date at all times. This information is used for the invoices. Publisher accepts to be solely liable for any errors, direct or indirect losses or damages of any inaccuracy of this information. The Publisher can withdraw earnings through any of the available payment methods in the PlugRush Platform. The available payment methods can change at any time, but can include PayPal, Paxum and Wire Transfer (through Handelsbanken). The minimum amount to withdraw funds is $25.
OBSOLESCENCE
If an Account is inactive for twelve (12) months or more, PlugRush reserves the right to consider the Account obsolete and can close it without any prior notice to the Account Holder. In such case, Publisher will not be entitled to any further payments from PlugRush.
LIABILITY
Publisher agrees and understands that PlugRush is a stand-alone, third-party service for both Advertiser(s) and Publisher(s). It means that PlugRush is not liable to Publisher for revenue that is not paid/cleared from Advertiser(s) and Publisher shall hold PlugRush harmless and out of any claims or liability related to such unpaid amounts. PlugRush agrees to make every reasonable effort to bill, collect and clear payments from the Advertiser(s) on a regular basis. Any expenses or payments such as banking commissions, currency or transactional fees, income taxes, etc., based on the revenue generated in PlugRush by participating as a Publisher, is the sole responsibility of the Publisher and Publisher agrees that PlugRush is not reliable for it. PlugRush reserves the right to not make any payments to Publisher(s) that violates any of the terms and conditions of this Agreement.
AD ZONE CODES
Any Ad Zone Codes provided or made available, by PlugRush to the Publisher, belongs to PlugRush and shall not be altered or modified in any way prior to written consent from PlugRush. It may only be used on Website(s) or App(s), added to and approved in the Publisher’s Account in PlugRush. It should never be distributed or submitted to any newsgroup, email distribution list, chat room, forum, board, guestbook or other location without prior written consent.
DISCLOSURE
PlugRush holds the right to disclose information or stop payments should Authorities or Courts require it.
ADVERTISERS
PAYMENTS
The Advertiser must prepay its advertising budget in U.S. Dollars through the valid payment methods in the PlugRush Platform. These payment methods can change at any time, but can include Credit Card, PayPal, Paxum and Wire Transfer. All charges to the Advertising Budget (Account Funds) in PlugRush are solely based on the PlugRush Platform Statistics, unless otherwise agreed to in writing. Advertiser acknowledges that related billing and payment information that Advertiser provides to PlugRush may be shared with other companies that work on PlugRush’s behalf, such as credit card processors and/or other general payment processors or agencies.
REFUNDS
To understand more about refunds, please read our refund policy.
ELIGIBLE ADVERTISING CONTENT
PlugRush reserves the right to accept or reject any advertising campaign, creative or other Advertising Content at any time, for any reason that PlugRush sees fit, at PlugRush’s sole discretion. Warnings can be made if the Advertising Content does not follow the guidelines and rules provided by PlugRush, or what is considered to be the general norm at the time. Additionally, the Account may be closed if warnings have been made and the problem repeats, or if the violation is considered to breach this Agreement. The Advertiser is responsible for any images, URLs or other Advertising Content uploaded to the PlugRush Platform, as well as the landing page and the content on it. PlugRush will be held harmless of any damages, infringements, losses or responsibilities, monetary or otherwise, to any violation of this Agreement, illegal content, copyright infringements, etc. from the Advertising Content used by the Advertiser.
Examples of Advertising Content we do not accept are:
- any content consisting of paraphilia, violence, racism, hate against any individual, group or organization
- any content containing minors in adult, pornographic or sexual situation or setting
- any content that offers illegal products or services
- any content with the use of third-party trademarks without the written consent of the trademark owner
- any content that infringes on the copy- or intellectual property rights of others
- any content that does not respect our Advertising Guidelines or Rules
- any content that targets minors younger than 18 years of age
GENERAL
TERMINATION
PlugRush can at any time, in its sole discretion, terminate this Agreement. Depending on the violation of which the Agreement was terminated, PlugRush may or may not notify the Account Holder (Advertiser/Publisher) via email. Advertisers may terminate this Agreement by deactivating all Advertising Content in the Account in the PlugRush Platform. Publishers may terminate this Agreement at any time by removing all Ad Zone Codes provided by PlugRush from its Website(s) and/or App(s).
PUBLICITY
PlugRush is through this Agreement, authorized to use the name or trademarks of Advertisers and Publishers for the purposes of this Agreement without any further written approval from the party owning such name or trademark.
CONFIDENTIALITY
By this Agreement, You, the Advertiser and/or Publisher, has confidentiality about any information learned about PlugRush including, but not limited to, the PlugRush Platform, its Software, Technology, Advertising Content, Statistics, etc., unless you have a written consent from PlugRush that states otherwise.
DISCLOSURE
You, the Advertiser and/or Publisher, acknowledges that PlugRush, in the case of an order from an Administrative Authority or Court, may disclose Personal or Business Information, or Information regarding the services provided and/or the use of these.
PRIVACY POLICY
Both PlugRush and You, the Advertiser and/or Publisher, shall include a Private Policy on the Website(s) and/or App(s), that describes how End Users’ personal data is collected, stored and used. Privacy Policies available to the End Users’ on its Website(s) and/or App(s) shall disclose that third party Advertisers and Ad Networks may place cookies in their browsers.
DATA PROTECTION
During the term of this Agreement, both Parties shall comply with all applicable rules and regulations to laws governing privacy and data protection.
INDEMNIFICATION
You agree to indemnify, defend and hold PlugRush and its shareholders, directors, officers, employees, successors, representatives, partners, agents, affiliates or suppliers harmless from and against any and all costs, claims, demands, liabilities, expenses, losses, damages and attorney fees arising from any claims and lawsuits or proceeding for libel, slander, copyright, and trademark violation, as well as all other claims resulting from (1) the participation on the PlugRush Network/Platform, (2) operation of the Publisher’s Website(s) and/or App(s) submitted to PlugRush for participation or (3) otherwise arising from a relationship with PlugRush. You also agree to indemnify PlugRush for any legal fees incurred by PlugRush, acting reasonably, in investigating or enforcing its rights by this Agreement.
LIMITATION OF LIABILITY
Neither party will be liable for breach-of- contract damages that are remote or speculative, or that the breaching party could not reasonably have foreseen on entry into this agreement. The aggregate liability shall in no circumstances be higher than the average of the 3 last month’s payment to the publisher.
NON-SOLICITATION
During the period starting on the Effective Date and ending 12 months after the termination or expiration of this agreement (the “Non-Solicitation Period”), neither party will directly or indirectly, on its own behalf or in the service or on behalf of others, in any capacity induce or attempt to induce any officer, director, or employee to leave the other party, or solicit or accept, or attempt to solicit or accept, the business of any customer, consultant, or patron of the other party.
AMENDMENT / MODIFICATION OF THIS AGREEMENT
PlugRush will at own discretion reserve the right to amend or modify this Agreement. Such changes can take place at any time, and without prior notification. Any amendment will be notified during log in procedures and the user will on such occasion be asked to confirm acceptance of the new agreement. If amendments are not accepted by the publisher he shall notify PlugRush in writing and PlugRush might in such cases accept to let the publisher continue according to the agreement before amendment or on individual terms.
CHOICE OF LAW AND LEGAL VENUE
The parties agree that this Agreement is to be governed by and construed under the law of Norway. The parties further agree that all disputes shall be resolved exclusively in the venue as stated in applicable Norwegian law.
FORCE MAJEURE
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 fire, flood, civil commotion, riot, war (declared and undeclared), revolution, or embargoes, 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.
SEVERABILITY
If any part of this agreement is declared unenforceable or invalid, the remainder will continue to be valid and enforceable.
ASSIGNMENT
PlugRush may transfer or assign any or all of its rights and obligations under this Agreement to any natural person or legal entity at any time. In such circumstances, the transferee or assignee shall enjoy and undertake the same rights and obligations herein of PlugRush.
Publisher might assign the rights and obligation to any party if PlugRush agree. Publisher might also assign its rights and obligation in case of a merger/demerger or other restructuring act, as long as said restructuring will not substantially weaken PlugRush counterpart. If such restructuring under the applicable law does not transfer all right and obligation to the receiving party, the receiving party must in writing declare the acceptance of this agreement. None of the contract parties might enter any agreement or in other way incur obligation on behalf of the other party.
WAIVER
Neither party’s failure or neglect to enforce any of rights under this agreement will be deemed to be a waiver of that party’s rights. A waiver or extension is only effective if it is in writing and signed by the party granting it. No single or partial exercise of any right or remedy will preclude any other or further exercise of any right or remedy.
COMPLETE AGREEMENT
This Agreement constitutes the entire Agreement between the parties and supersedes all previous Agreements, oral or written, with respect to the subject matter of this Agreement. The information and documents provided by Advertiser(s) and Publisher(s) to PlugRush, as requested by the latest in order to enter the Agreement, shall be also considered as part of this Agreement. This Agreement may not be amended without the written consent of the parties.
NO THIRD PARTY BENEFICIARIES
No third parties can claim any rights from this agreement as it is soley binding between the parties.