These Terms of Service for Advertisers (the “Agreement”) is a binding agreement between you and Afroshub and governs your use of the service made available by Afroshub . The term “you” (and its variants) as used in this Agreement means, as applicable, either the individual utilizing the Afro Ads in his or her individual capacity or the company or other entity affiliated with any individual utilizing the Afro Ads on behalf of that company or other entity.
If you are an individual entering into this Agreement on behalf of a company or other entity, you represent that you are a duly authorized employee or agent of such company or other entity with the authority to enter into this Agreement on behalf of such company or entity. If you are an individual entering into this Agreement on your own behalf, you represent that you are 13 years of age or older and have the legal capacity to enter into and be bound by this Agreement.
BY CLICKING TO ACCEPT THIS AGREEMENT, REGISTERING FOR THE ADVERTISER SERVICE, CREATING A SERVICE ACCOUNT OR UTILIZING ANY PART OF THE ADVERTISER SERVICE, INCLUDING THE SERVICE PLATFORM, IN ANY MANNER, YOU REPRESENT AND AFFIRM THAT YOU HAVE READ, UNDERSTAND, ACCEPT AND AGREE TO BE LEGALLY BOUND BY THIS AGREEMENT. IF YOU DO NOT ACCEPT AND AGREE TO THIS AGREEMENT, YOU ARE NOT AUTHORIZED TO UTILIZE ANY PART OF THE AFRO ADSOR THE SERVICE PLATFORM.
You hereby agree as follows:
- SERVICE ACCOUNT.
1.1. You agree to provide accurate, current and complete information in connection with registering for the Advertiser Service, any account you create for the Afro Ads (your “Service Accounts”) and your use of the Service Platform or your use of any other interface related to the Advertiser Service; and to promptly update any such information to keep it accurate, current and complete at all times.
1.2. You are responsible for maintaining the security of all passwords and other credentials issued to or created by you and any of your employees or agents in connection with the Advertiser Service. You are also responsible for any and all activities that occur on, through or under any such credentials or otherwise in connection your Service Accounts and use of the Service Platform, including campaign orders. You agree to immediately notify Afroshub of any unauthorized use of any of your Service Accounts, passwords or credentials, as well as any other security breach related to your Service Accounts.
- CAMPAIGNS or ADS
2.1. Subject to the Agreement, you may use the Service Platform to add funds to your Service Account, to specify relevant information for the campaigns you want to order (e.g., budgets, scheduling, territories, bids prices and targeting parameters) and to supply necessary Ad creative (e.g., videos, end cards, playable). Upon ordering a campaign through the Service Platform and sufficiently funding your Service Account with Prepaid Funds (defined below), Afroshub will endeavor to deliver inventory for your campaign order, subject to inventory availability. You acknowledge that actual budgets, scheduling, bid prices, cost-per-install and delivery targets are not guaranteed and you may be charged for inventory delivered in excess of you budgets. You may modify your campaign information from time to time or cancel any campaign through the Service Platform provided you acknowledge that it may take up to two (2) business days for any such modification or cancellation to be effective.
2.2. You are responsible for (i) all Ads and other content you provide in connection with the Advertiser Service, including the creative, trademarks, images, URLs and pixels that comprise your Ads or other content (collectively, your "Ads"), (ii) all ad trafficking or targeting decisions made by or on your behalf, (iii) all applications, content and properties to which your Ads direct or redirect any user ("Afro Ads"), and (iv) all services and products advertised in any Ads or on any Advertiser Properties ("Advertised Goods"). Afroshub is free to determine the size, placement and positioning of your Ads and the Network Properties in which your Ads are delivered.
2.3. You represent and warrant that the Ads, Advertiser Properties and Advertised Goods (i) will comply with all applicable laws, self-regulatory rules, industry rules and governmental regulations and requirements (collectively, "Applicable Law"); (ii) are not false, deceptive, misleading, unethical, defamatory, libelous, or threatening, harmful, abusive, harassing, tortuous, vulgar, obscene, pornographic, invasive of another's privacy, subversive, hateful, or racially, ethnically or otherwise objectionable or contrary to public interest, public order, or national harmony; and (iii) could not reasonably be determined to tarnish the goodwill of Afroshub
- USE OF THE AFRO ADS.
3.1. In connection with your use of the Advertiser Service, you agree to implement and comply with all technical and other requirements for the Afro Ads(e.g., for conversion tracking or ad tag implementation requirements) communicated to you from time to time by Afroshub and to provide accurate, current and complete versions of your Ads via the Service Platform or other mechanisms Afroshub requires. You acknowledge that absent such compliance, Afroshub may be unable to provide the Afro Ads to you and the Afro Ads may operate incorrectly.
3.2. You agree you will not, and you will not enable or authorize any third party to, (i) engage in illegal or fraudulent conduct, including by virtue of the Ads, Advertiser Properties, Advertised Goods or use of the Advertiser Service, (ii) use any automated means or form of scraping or data extraction to access, query or otherwise collect information from the Afro Ads(including, the Service Platform), (iii) copy, modify or create derivative works of the Afro Ads or any related technology (including, the Service Platform), (iv) modify or interfere with the Afro Ads(including, the Service Platform), any systems used for calculating ad engagement or conversions or any Network Properties, (v) provide Ads that contain malware, spyware or any other malicious code or modify or otherwise interfere with the Afro Ads or any systems used for calculating conversions, any Network Property or any device or system, or (vi) breach or circumvent any security measure of Afroshub or any third party. Afroshub may, at any time, for any reason, modify or terminate any part or all of the Afro Ads or suspend your ability to use the Afro Ads(including, the Service Platform). Afroshub may reject or remove any Ad or suspend or terminate any of your campaigns at any time, for any reason. You acknowledge that Afroshub does not guarantee that impressions will be displayed on any particular position or rank.
4.1. You will pay for all inventories on a prepaid basis (via PayPal or other payment methods accepted by Afroshub). All funds paid to Afroshub ("Prepaid Funds") are non-refundable. Afroshub will deduct from your Prepaid Funds fees for inventory delivered based on the applicable prices set for you campaign order, amounts for certain taxes and account service fees equal to the balance of any Prepaid Funds not spent within one year
4.2. Afroshub tracking mechanisms will determine if and when inventory is delivered and corresponding fees are accrued. You acknowledge that Afroshub is not responsible for and you will bear the cost of inventory associated with invalid activity such as starts, views, clicks or installs not arising from human interaction, click fraud and technological issues.
4.3. Afroshub will deduct from your Prepaid Funds any national, federal, state, local, or other taxes and assessments, including value added taxes and amounts levied in lieu thereof based on charges set, services performed or amounts accrued hereunder.
- LICENSE GRANTS.
5.1. You grant Afroshub publicly display and publish your Ads in inventory placements in Network Properties and as needed to provide the Advertiser Service. You represent and warrant that you own or have all necessary rights (including, all intellectual property and proprietary rights) to your Ads (including, as needed to grant the license above), Afroshub will determine the size, placement and positioning of your Ads.
As between you and Afroshub, you acknowledge and agree that Afroshub owns all right, title and interest (including, all intellectual property and proprietary rights) in and to the Advertiser Service.
- SERVICE MODIFICATION.
Afroshub may modify, suspend or discontinue, temporarily or permanently, all or any part of the Afro Ads at any time (including any and all features, functionality and availability of any part of the Service Platform) and will not be liable to you or any other party in connection with any such modification, suspension or discontinuance.
You agree: (i) not to disclose otherwise make available any Confidential Information to any individual, company or other third party; (ii) to use at least the same degree of care to prevent unauthorized use and disclosure of Confidential Information as you use with respect to your own confidential information of like importance (but in no event less than a reasonable degree of care); (iii) to use Confidential Information only as is necessary for your use of the Afro Ads in accordance with this Agreement; (iv) all Confidential Information will remain Afroshub ’s exclusive property; and (v) to delete and destroy all Confidential Information in your possession upon written notice from Afroshub or termination of this Agreement.