Terms Advertisers
The following Terms and Conditions (‘‘Advertiser Terms and Conditions’’, ‘’Agreement’’, etc.) shall apply to any of the Services (as defined below) to be provided by SOLIDHIT LLC to the Advertiser (as defined below).
SOLIDHIT LLC (‘’SOLIDHIT’’, ‘’Solid Hit’’, ‘’Solid Hit Advertising’’, ‘’We’’, ‘’Our’’, etc.) being the network taking Offers, and The Advertiser (‘‘Client, ‘’You’’, etc.) being the legal person or natural person acting course of a profession or business, that engaged SOLIDHIT to provide the Services via its network.
By using the Service, you agree to the Advertiser Terms and Conditions. If you do not wish to agree to them, you cannot use the Service.
1. Definitions
“Ads”or ‘’Traffic’’ means links, banner ads, buttons, pop-ups, pop-unders, co-registrations, lead generations, rich media, content scripts, promotional and other advertising material and any kind of commercially sponsored or related content, related to Advertiser and/or a specific Campaign.
“Publisher” or ‘’Affiliate’’ means a party that has decided to enter into this Agreement and to assign SOLIDHIT to provide services in accordance with these Terms and Conditions.
“Advertiser” means a legal person or natural person acting as a business, that wishes to engage SOLIDHIT to provide the Services via its network of Publishers.
‘’SOLIDHIT’’ means SOLIDHIT LLC, a company incorporated under the laws of Dover, Delaware, United States of America and registered under EIN 87-4704750.
‘’Offer’’ means an advertisement campaign of an Advertiser accessible via a specific Landing Page.
“Qualified Action” or ‘Conversion’’ means an action upon which the commercial deal is based (for example without limitation) CPM (Cost Per Mille), CPA (Cost Per Action), CPC (Cost Per Click), CPL (Cost Per Lead), CPD (Cost Per Download), CPPU (Cost Per Paying User), CPAU (Cost Per Active User)or CPI (Cost Per Install).
‘’Fraudulent Traffic’’ also known as Invalid Conversions may originate (for example without limitation) from automatic openings, spiders, robots, requests in email or chat rooms, script generators, placing links on websites other than those informed and clicks which are not generated by a browser or clicks which are not preceded by an active act of a true visitor who wants to reach a specific website. This kind of traffic will not be paid from SOLIDHIT to Publisher.
“Commission” is the fee per every Valid Conversion to be paid by SOLIDHIT to Publisher.
2. Applicability
These General Terms and Conditions apply to all offers, quotations and proposals made by SOLIDHIT as well as to the Agreement and all other agreements to which SOLIDHIT is a party.
Variations, amendments and additions to these Advertiser Terms and Conditions shall only be valid if agreed in writing between the Advertiser and SOLIDHIT.
SOLIDHIT shall at all times be entitled to alter and/or update these Advertiser Terms and Conditions. The most up-to-date Agreement shall be available on the Website or shall be brought to the attention of the Advertiser while using the Service.
3. The Service
Upon acceptance of the Advertiser to SOLIDHIT and the confirmation thereof by SOLIDHIT, SOLIDHIT shall start performing the Services to the Advertiser.
With respect to providing the Services, SOLIDHIT represents and warrants:
a. To perform the Services on a best effort basis, thereby taking into account professional skill and care.
b. To adhere to specific instructions from the Advertiser.
c. To comply with the applicable legislation and/or regulation and requirements of the Offers.
d. To provide Ads with applicable age rating, where applicable or legally required.
e. In the event that the Advertiser informs SOLIDHIT that it elects to hold, pause or amend a Campaign or Ad, SOLIDHIT will procure on a best effort basis that the requested hold, pause or amendment will take effect within 48 hours as from the notification from the Advertiser.
SOLIDHIT is entitled to request for additional security from Advertiser to ensure the due performance by Advertiser of its obligations under the Agreement.
4. Payment
For providing the Services, SOLIDHIT is entitled to receive a Commission from the Advertiser. The Advertiser acknowledges and accepts that SOLIDHIT will calculate the Commission, regardless of the Advertiser’s right to provide evidence of the contrary. In this respect the Advertiser also acknowledges and accepts that SOLIDHIT shall implement and use tracking code software tools to monitor and register traffic and Conversion.
SOLIDHIT will invoice the Advertiser the Commission on a weekly, bi-weekly or monthly basis, as determined by both parties. The payment term will be determined in mutual consultation as well. The Advertiser shall never be permitted to offset or withhold any amounts or payments to SOLIDHIT.
Deductions, chargebacks or credits will not be accepted unless with prior written approval of SOLIDHIT. Any fraudulent conversion, lead or click must be sent to SOLIDHIT including evidence that such conversion, lead or, click was invalid, fake or fraudulent.
In the event that the Advertiser does not or not timely pay the Commission due, SOLIDHIT is entitled to immediately suspend the Services without incurring any liability towards Advertiser.
5. Privacy
The Publisher shall keep confidential all Confidential Information disclosed by or received from the disclosing party, and the content of any communication with SOLIDHIT or its Publishers in connection with the Services.
The Advertiser shall not use or disclose such Confidential Information for any purpose except as necessary to fulfill the Services, or other obligations under the Agreement, or as required by law.
The Advertiser shall limit access to the Confidential Information solely to employees, agents or any other person who need to obtain such access to fulfill the Services or any other obligation under the Agreement. If that is the case, the Advertiser shall require its employees, agents and other persons who have access to the Confidential Information to abide by confidentiality obligations.
6. Termination
This Agreement shall commence upon your acceptance and remain in effect until terminated.
The Agreement may be terminated by either Party upon 48-hour notice.
SOLIDHIT reserves the right, in its sole and absolute discretion, to terminate the services at any time for any reason. Upon termination of the Agreement in whole, or for the relevant part thereof, SOLIDHIT shall immediately cease the Service in whole or in part and delete all links in Landing Pages that relate to the terminated Campaign(s).
Any Confidential Information related to the terminated Agreement or Services shall be deleted by the receiving party, including all copies thereof. The Advertiser shall immediately cease and delete any references to SOLIDHIT.
7. Force Majeure
Neither party shall be liable to the other by reason of failure or delay in the performance of its obligations hereunder on account of natural disasters of any kind, war, governmental action, interruption in internet service or any other cause which is beyond the reasonable control of such party. The party referring to such force majeure circumstances shall notify the other party on arising within 3 working days from the date of its occurrence with the relevant evidence.
8. Miscellaneous
Nothing in these Terms and Conditions shall create or be deemed to create a partnership or relationship of employer and employee between SOLIDHIT and the Advertiser.
This Agreement is the principal document in legal relationship of SOLIDHIT and the Advertiser and shall be deemed an entire agreement of the parties. In case of contradictions in using Service, present Agreement shall prevail in any case.
SOLIDHIT’s failure to exercise, or delay in exercising any rights under the Agreement does not constitute a waiver of such rights.