Terms and Conditions

Last updated: May 22, 2018

These Terms and Conditions ("Terms", "Terms and Conditions") govern your relationship with https://www.bidvertiser.com website (the "Service") operated by Bpath LTD ("us", "we", or "our"), with main office at 2 Yozma St, Sha-ar Ha-ir Bldg, Tirat Carmel, Israel.

Please read these Terms and Conditions carefully before using the Service.

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.

This agreement contains General, Publisher and Advertiser terms

General Agreement

Purchases

If you wish to purchase any product or service made available through the Service ("Purchase"), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.

You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.

By submitting such information, you grant us the right to provide the information to third parties for purposes of facilitating the completion of Purchases.

We reserve the right to refuse or cancel your order at any time for certain reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons.

We reserve the right to refuse or cancel your order if fraud or an unauthorised or illegal transaction is suspected.

Availability, Errors and Inaccuracies

We are constantly updating our offerings of products and services on the Service. The products or services available on our Service may be mispriced, described inaccurately, or unavailable, and we may experience delays in updating information on the Service and in our advertising on other web sites.

We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.

Content

Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material ("Content"). You are responsible for the Content that you post to the Service, including its legality, reliability, and appropriateness.

By posting Content to the Service, you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You retain any and all of your rights to any Content you submit, post or display on or through the Service and you are responsible for protecting those rights. You agree that this license includes the right for us to make your Content available to other users of the Service, who may also use your Content subject to these Terms.

You represent and warrant that: (i) the Content is yours (you own it) or you have the right to use it and grant us the rights and license as provided in these Terms, and (ii) the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.

Accounts

When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.

You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.

You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trade mark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.

Copyright Policy

We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on the Service infringes the copyright or other intellectual property infringement ("Infringement") of any person.

If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement that is taking place through the Service, you must submit your notice in writing to the attention of "Copyright Infringement" of https://www.bidvertiser.com/contact-us/ and include in your notice a detailed description of the alleged Infringement.

You may be held accountable for damages (including costs and attorneys' fees) for misrepresenting that any Content is infringing your copyright.

Intellectual Property

The Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of Bpath LTD and its licensors. The Service is protected by copyright, trademark, and other laws of both the Israel and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Bpath LTD.

Links To Other Web Sites

Our Service may contain links to third-party web sites or services that are not owned or controlled by Bpath LTD.

Bpath LTD has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Bpath LTD shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.

Termination

We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.

Limitation Of Liability

In no event shall Bpath LTD, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

Disclaimer

Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

Bpath LTD its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.

Governing Law

These Terms shall be governed and construed in accordance with the laws of Israel, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.

This Agreement contains all of the terms and conditions between BidVertiser and its wholly owned subsidiaries ("BidVertiser"), and the individual or organization (the "Publisher") participating in the BidVertiser Publishers Program (the "Program"). In this Agreement, "we" and "us" means BidVertiser, and "you" means the Publisher participating in the Program. "BidVertiser Web Site" or "Our Site" means the web sites operated by BidVertiser, and "Your Site" means the web site(s) you submitted to be part of this Program.

Publisher Agreement

1. Enrollment in the Program

To begin the enrollment process, you must submit a properly completed Program application via Our Site. We will evaluate your application in good faith and will notify you of your acceptance or rejection in a timely manner. We may reject your application if we determine that your application or Your Site is not unsuitable for the Program. Your Site may be deemed by us to be unsuitable if, in our view, it:
a. contains, promotes or links to sexually explicit or violent material;
b. promotes, depicts or links to material that promotes or depicts discrimination based on race, gender, religion, national origin, physical or mental disability, sexual orientation, or age;
c. contains unlawful material, including but not limited to materials that may violate another's intellectual property rights, or links to a site that contains such material;
d. contains information regarding, promotes or links to a site that provides information or promotes illegal activity; or
e. for any other reason that is deemed by us to be unsuitable.

In this regard, you understand that we reserve the right to conclude that Your Site is unsuitable in accordance with our standards, and we may come to such a conclusion even if it is based upon our opinion or mere suspicion or belief, without any duty to prove that our opinion or suspicion is well-founded and even if our opinion or suspicion is proven not to be well-founded or if others' sites have been accepted despite having the same or similar characteristics as Your Site. You also understand that if we accept your application, such acceptance shall not imply that Your Site does not meet one or more of the criteria that would have permitted us to reject your application. If we reject your application, you are welcome to reapply to the Program at any time.

By enrolling in the Program, You represent that You are at least 18 years of age and agree that BidVertiser may serve third party and/or BidVertiser provided advertisements (collectively, "Ads") using BidVertiser's bidding-based advertising serving technology. Multiple accounts held by the same individual or entity are subject to immediate termination unless expressly authorized in writing by BidVertiser.

2. Promotion of Our Program Relationship

As a Publisher, we will make available to you the code necessary to display the BidVertiser Ads, which, subject to the terms and conditions hereof, you may display on Your Site. The Code will serve to identify Your Site as a member of our Program.

a. BidVertiser Code

Subject to the terms of clause (b) below, the BidVertiser Code will consist of a JavaScript code provided by us (and subject to change from time to time in our sole discretion) which will enable Your Site to display the BidVertiser Ads.

b. Agreements Regarding The BidVertiser Code

In utilizing the Code referenced in clause (a) above, you agree that you will cooperate fully with us in order to establish and maintain such Code on Your Site. You also agree that you will substitute such Code with any new Code provided by us from time to time throughout the term of this Agreement. The Code may be modified and/or expanded from time to time throughout the term of this Agreement pursuant to the mutual agreement of the parties hereto. In addition, for the term of this Agreement, You agree to comply with the technical specifications provided by BidVertiser to enable proper display of the Code in connection with Your Site, including without limitation by not modifying the JavaScript or other programming provided to You by BidVertiser in any way.

3. Responsibilities and Opportunities of Publishers

a. If you qualify and agree to participate as an Publisher, you shall display the Code set forth above prominently throughout Your Site as you see fit and with our prior consent.

b. As an Publisher, you may become entitled to earn payments as set forth in Article 4.

c. Compliance with this Agreement: We have the right in our sole discretion to monitor Your Site at any time and from time to time to determine if you are in compliance with the terms of this Agreement.

4. payments

a. Subject to clause (b) below, You shall receive a payment based on the revenue generated by the BidVertiser Ads displayed in connection with Your Site, as determined by BidVertiser for its participants in the Program. All commissions due and payable hereunder shall be payable in United States Dollars. Unless otherwise agreed to by the parties in writing, payments to you shall be sent by BidVertiser on a monthly basis within 30 days after the end of each calendar month that Ads are running on your site, but in no event shall BidVertiser make payments for any earned balance amounting to less than Ten Dollars ($10.00), in case You have chosen to be paid by PayPal, one hundred Dollars ($100.00), in case You have chosen to be paid by check or five hundred Dollars ($500.00), in case You have chosen to be paid by bank wire.
Notwithstanding the foregoing, BidVertiser shall not be liable for any payment based on:

Any fraudulent impressions generated by any person, bot, automated program or similar device or for fraudulent clicks similarly generated on any ads, as reasonably determined by BidVertiser;

Ads delivered to end users whose browsers are unable to see and/or hear the Ads properly displayed;

Ads benefiting charitable organizations and other placeholder or transparent Ads that BidVertiser may deliver in the event that a site is improperly configured to comply with BidVertiser's technical requirements;

BidVertiser's advertisements for its own products and/or services;

Impressions co-mingled with a significant number of fraudulent impressions or fraudulent clicks described above, or as a result of other breach of this Agreement by You for any applicable pay period;

Inactive accounts (accounts that do not generate minimum revenue of the minimum payment threshold) for a period of over 3 months may be terminated with no notice and all pending payments may be declined.
All clicks on a site where users are asked, directly or indirectly, to click on Ads, encouraged, directly or indirectly, to click on Ads, or compensated, directly or indirectly, for clicking on Ads; or Any other activity that BidVertiser determines, in its sole discretion, to be fraudulent. In order to determine fraudulent use, BidVertiser will consider the content of your site, your marketing tactics, or any other information that BidVertiser deems appropriate, based upon our opinion or mere suspicion or belief, without any duty to prove that our opinion or suspicion is well-founded.

BidVertiser reserves the right to withhold payment or charge back your account due to any of the foregoing, any breach of this Agreement by You, pending BidVertiser's reasonable investigation of any of the foregoing or any breach of this Agreement by You, or in the event that an advertiser whose ads are displayed on Your Site defaults on payment for such ads to BidVertiser. In addition, if You are past due on any payment to BidVertiser in connection with the BidVertiser Program, BidVertiser reserves the right to withhold payment until all outstanding payments have been made.
To ensure proper payment, you are solely responsible for providing and maintaining accurate contact and payment information associated with your account. BidVertiser may deduct any bank fees related to returned or canceled checks due to a contact or payment information error or omission from the newly issued payment to You. You agree to pay all applicable taxes or charges imposed by any government entity in connection with your participation in the Program. BidVertiser reserves the right, in its sole and exclusive discretion, at any time to alter or modify the Program including the method and terms of all payment benefits to Participants. Upon notice of any change in benefits under the BidVertiser Program, You shall have the right to withdraw or terminate Your participation in the Program. If you dispute any payment made under the Program, you must notify BidVertiser in writing within thirty (30) days of any such payment; failure to so notify BidVertiser shall result in the waiver by you of any claim relating to any such disputed payment. Payment shall be calculated solely based on records and BidVertiser Data maintained by BidVertiser.
No other measurements or statistics of any kind shall be accepted by BidVertiser or have any effect under this Agreement. The payments made under this Agreement are for use by You only and may not be transferred or in any manner passed on to any third party (i.e., distributed to Sites managed by you that require separate payments) unless expressly authorized in writing by BidVertiser (including electronic mail).
BidVertiser acts as a third party for advertisers, therefore Publisher understands and agrees that payment for Publisher’s revenue is dependent upon payments from advertisers to BidVertiser that it has received without any restrictions. You hereby release BidVertiser from any claim for Publisher’s revenue if BidVertiser did not receive funds from the advertiser. Publisher shall hold BidVertiser harmless and indemnify it from any claims or liability related to such unpaid revenue.
The Program is intended for commercial use only, and registrations you apply through the Program for your own use will not qualify for payments. You agree that violation of this requirement may result in immediate termination of this Agreement by us.

b. In order to use BidVertiser services as a publisher, you must keep your account active by generating revenue continuously. If it is inactive for a period of 180 consecutive calendar days, it will be marked as suspended and your earnings will be removed. If you plan to stop using BidVertiser services as a publisher, make sure you request to withdraw your funds prior to that.

5. Your Responsibilities
You are solely responsible for ensuring that the content of Your Site and your products and services that you offer from Your Site comply with all applicable copyright and other laws. You must have express permission to use another party's copyrighted or other proprietary material. We will not be responsible if you use another party's copyrighted or other proprietary material on Your Site in violation of the law or any agreement, and your indemnity, below, will protect us if you do so.
Hereby you represent and warrant to provide BidVertiser 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. Publicity
You agree that BidVertiser may use Your name and logo in presentations, marketing materials, customer lists, financial reports and Web site listings of customers. You shall not create, publish, distribute, or permit any written material that makes reference to BidVertiser without first submitting such material to us and receiving our prior written consent, which we agree shall not be unreasonably withheld. As a publisher, you may receive related periodic emails and offers, as long as your subscription is valid.

7. Term of this Agreement and Termination
You may cancel the participation of any Site in the Program and/or terminate this Agreement with or without cause at any time by removing the JavaScript or similar programming from Your Sites. BidVertiser may at any time, in its sole discretion, terminate the Program, terminate this Agreement, or suspend or terminate the participation of any Site in the Program for any reason. In addition, BidVertiser reserves the right to terminate without notice any account that has not generated any impressions (as measured by BidVertiser) for a period of two (2) months or more. In such case, all unpaid balance which has reached the threshold can be requested by opening a support ticket for another 30 days.

8. Modification
We may modify any of the terms and conditions contained in this Agreement at any time and in our sole discretion. A change notice will be posted on Our Site. Modifications may include, but are not limited to, changes in the scope of available payments, payments schedules, payment procedures and Program rules. If any modification is unacceptable to you, your only recourse is to terminate this Agreement as provided in Article 7; should you so terminate, the changes we have announced shall nevertheless become effective unless we agree, in writing, to the contrary. Your continued participation in the Program following our posting of a change notice or new Agreement on Our Site will constitute binding acceptance of the change.

9. Relationship of Parties
You and BidVertiser are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative or employment relationship between the parties. You will have no authority to make or accept any offers or representations on our behalf. You will not make any statement, whether on Your Site or otherwise, that reasonably would contradict anything in this Article.

10. Confidentiality
You agree not to disclose BidVertiser Confidential Information without BidVertiser's prior written consent. "BidVertiser Confidential Information" includes without limitation: (a) all BidVertiser software, technology, programming, technical specifications, materials, guidelines and documentation relating to the Program; (b) click-through rates or other statistics relating to Site performance in the Program provided to You by BidVertiser; and (c) any other information designated in writing by BidVertiser as "Confidential" or an equivalent designation. It does not include information that has become publicly known through no breach by You or BidVertiser, or information that has been (i) independently developed without access to BidVertiser Confidential Information, as evidenced in writing; (ii) rightfully received by You from a third party; or (iii) required to be disclosed by law or by a governmental authority.

11. Limitation of Liability
We will not be liable for indirect, special, incidental, exemplary, punitive or consequential damages, or for any loss of revenue, profits, or data, arising in connection with this Agreement or the Program, even if we have been advised of the possibility of such damages. Further, our aggregate liability arising with respect to this Agreement and the Program will not exceed the total payments paid or payable to you under this Agreement.

12. Indemnification
You hereby agree to indemnify and hold harmless BidVertiser, its subsidiaries and affiliates, and their directors, officers, employees, agents, shareholders, partners, members and other owners, against any and all claims, actions, demands, liabilities, losses, damages, judgments, settlements, expenses (including reasonable attorneys' fees), and costs (any or all of the foregoing hereinafter referred to as "Losses") insofar as such Losses (or actions in respect thereof) arise out of or are based on (i) any claim that our use of the Affiliate Trademarks infringes on any trademark, trade name, service mark, copyright, license, intellectual property, or other proprietary right of any third party, (ii) any misrepresentation of a representation or warranty or breach of a covenant and agreement made by you herein, (iii) the development, operation, maintenance and content of Your Site and products and services offered from Your Site, or (iv) any claim related to Your Site, including, without limitation, content therein not attributable to us.

13. Notification
All necessary notices and requests required or permitted to be given under this agreement will be in writing under the form of fax, email or in writing via registered mail or certified mail return receipt requested. The date of receipt shall be deemed the date on which such notice or request has been given. Until such time as written notice of a change of address is given by either party, any such notice or request shall be deemed sufficiently addressed when directed to the addresses of the parties.

14. Construction
If for any reason a court of competent jurisdiction finds any provision of this Agreement, or portion thereof, to be unenforceable, that provision of the Agreement will be enforced to the maximum extent permissible so as to effect the intent of the parties, and the remainder of this Agreement will continue in full force and effect. Our failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of our right to subsequently enforce such a provision or any other provision of this Agreement.

15. No Guarantee
BidVertiser makes no guarantee regarding the level of impressions of or clicks on any Ad, the timing of delivery of such impressions and/or clicks, or the amount of any payment to be made to You under this Agreement.

Advertiser Agreement

This Agreement contains all of the terms and conditions between BidVertiser and its wholly owned subsidiaries ("BidVertiser"), and the individual or organization (the "Advertiser") participating in the BidVertiser Advertisers Program (the "Program"). In this Agreement, "we" and "us" means BidVertiser, and "you" means the Advertiser or authorized to act on behalf of the Advertiser participating in the Program. "BidVertiser Web Site" or "Our Site" means the web sites operated by BidVertiser, and "Your Site" means the web site(s) you submitted as part of your ad. "BidVertiser Network" is the BidVertiser network of publishers websites and traffic sources participating in the BidVertiser Publishers Program and "Publisher Website" is a website participating in the BidVertiser Publishers Program.

1. The Program
You are solely responsible for all: (a) ad content, ad targeting, URLs and bids ("Creative"), whether generated by or for you; and for the web site(s) accessible from the Creative URLs; and for the services and products provided in the Creative URLs. BidVertiser and Publisher may reject or remove any ad for any or no reason. You may independently cancel online any campaign at any time. BidVertiser may cancel immediately any ad, IO, the Program or these Terms at any time. In all cases, Creative is subject to final acceptance by BidVertiser, at its sole discretion. As an Advertiser, you acknowledge and agree that each and every Creative placed within the BidVertiser Network may be viewed on any Publisher Website. BidVertiser reserves the right to reject or remove any advertisement at any time at its discretion. Notwithstanding the foregoing, in no event shall BidVertiser's acceptance of Creative be deemed to constitute in any manner whatsoever approval or endorsement by BidVertiser thereof, and Advertiser shall remain solely liable therefore. As an advertiser, you may receive related periodic emails and offers, as long as your subscription is valid. Multiple accounts held by the same individual or entity are subject to termination and to freeze of balance unless expressly authorized in writing by BidVertiser.

2. Prohibited Uses
You shall not, and shall not authorize any party to advertise anything illegal or engage in any illegal or fraudulent business practice. You represent and warrant that (a) all your information is correct and current; (b) you hold and grant BidVertiser and Publisher Website all rights to copy, distribute and display your ads; and (c) websites linked from your ads (including services or products therein) will not violate or encourage violation of any applicable laws, mislead the public in any way or constitute fraudulent activity and will not offend visitors due to defamatory, slanderous, libelous, threatening, violent, racist, hateful, sexual, obscene or otherwise offensive content. Violation of these policies may result in immediate termination of this Agreement or your account without notice and may subject you to legal penalties and consequences. Advertiser agrees to continually update Creative so that all information is current and is an accurate description of information available on Advertiser's web site(s). Rejection of Campaign Content
BidVertiser has, in its sole discretion and without any liability, the right to deny any advertising material or Content that includes or based on any inappropriate or illegal content such as, including but not limited to, the following examples:
illegal activity (i.e. how to build a bomb, hacking, etc);
hate-mongering (i.e. racial, political, ethnic, religious, gender-based, sexuality-based or personal, etc.);
Terrorim support in its widest definition, per our own disclosure;
violence, obscene or vulgar language and abusive content or content which endorses or threatens physical harm;
illegal substance;
drugs or any related paraphernalia;
adware, malware, viruses, phishing offers;
creatives should not contain the words like "your sofware is outdated", "your device is infected", "viruses found" etc. No misleading ads, providing false info to the user;
purchase of weapons/military equipment;
false or deceptive investment advice, and others; Abusing the platform by duplicating identical campaigns, per our own discretion;

Campaigns are scanned 24x7 against various 3rd party spam databases, including but not only GSB. Running such flagged content will lead to automated campaign termination where continuous breach may lead to account termination and loss of ALL deposited funds.
If Advertiser provides software for campaign, it shall be free from any spy- or malicious software and comply with the terms and conditions under present Agreement. In confirmation of this fact the Advertiser can provide duly executed SSL, or Code sign certificate.
Advertiser will defend, indemnify and hold BidVertiser or its affiliates and representatives harmless from any damages, liabilities, costs, and expenses (incl. attorneys’ fees) resulting from any claim, judgment or proceeding brought by a third party.
In case where advertisements are placed in such locations, BidVertiser reserves the right to withhold payment for the entire account, withhold account balance and any other remuneration and/or submit an immediate legal action against Advertiser and/or set a financial penalty, based on the damages caused to BidVertiser. Inactive Accounts
Account is considered inactive if no spending has been recorded for a period of over 6 months. Inactive accounts are subject to be closed and balance withhold. Accounts can be re-opened and balance restored by openning a support ticket.

3. Disclaimer and Limitation of Liability
BidVertiser DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION FOR NONINFRINGEMENT, MERCHANTABILITY AND FITNESS FOR ANY PURPOSE. BidVertiser disclaims all guarantees regarding the levels or timing of costs per click, click through rates or delivery of any impressions, positioning, clicks or conversions for any ads or Targets. EXCEPT FOR INDEMNIFICATION AMOUNTS PAYABLE TO THIRD PARTIES HEREUNDER: (a) NEITHER PARTY WILL BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES WHETHER IN CONTRACT, TORT OR ANY OTHER LEGAL THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY; AND (b) EACH PARTY'S AGGREGATE LIABILITY TO THE OTHER IS LIMITED TO AMOUNTS PAID OR PAYABLE TO BidVertiser BY YOU FOR THE AD GIVING RISE TO THE CLAIM. Except for payment, neither party is liable for failure or delay resulting from a condition beyond the reasonable control of the party, including but not limited to acts of God, government, terrorism, natural disaster, labor conditions and power failures.

4. Payment
Advertiser shall make a deposit of funds in advance. The minimum deposit amount is $100 US Dollars. By using the service you agree that setting limitations on Ads campaigns budget and spending shall be entirely your responsibility. If the funds in your account are exhausted: i. If using manual billing, all running campaigns may be suspended immediately or b. When using automatic billing, your payment method will be automatically charged per the payment capping you have set. Any spending limitations are not legally binding and BidVertiser bears no responsibility for any excess. 10% fee will be deducated for cryto payments in case Advertiser does not comply and send require funds during the allow transaction allowed window (decided by payment provider).
You shall be charged based on actual clicks and pay all charges in any currency specified in writing by BidVertiser. You waive all claims relating to charges unless claimed within 30 days after the charge (this does not affect your credit card issuer rights). Charges are solely based on BidVertiser's click measurements. If BidVertiser terminates an Advertiser account or if Advertiser decides to terminate its own account, and Advertiser provides notice to BidVertiser, Advertiser account will be deemed terminated when BidVertiser receives such notice. Advertiser will only receive a refund for amounts not yet charged to its account, subject to the Refund Policy.
In the event that Advertiser believes that there is a discrepancy in BidVertiser's reporting system, Advertiser must provide with a reasoned report of such discrepancy within three (3) calendar days from the actual date where traffic was delivered. Otherwise, BidVertiser shall not be liable for such discrepancy, services shall be deemed rendered, and will calculate earnings on basis of its reporting system. If the parties are unable to reach an agreement regarding the discrepancy, then BidVertiser reporting system shall prevail.
Any bonus funds that were received by using a coupon are not refundable and are valid for 30 days max.

Refund Policy

Given the nature of digital services, we issue refunds for unused balance only. Such refund request must be sent within 30 days of the original deposit date and is only valid for deposits issued by PayPal, credit card or wire transfer. All other payment methods such as (but not limited to) Crypto Coins are not entitled for any kind of a refund.

This refund policy applies to both one-time deposits and recurring deposits (automatic funding). When you make your purchase, please read through the details of charges capping and amounts.

The refund may be credited back to the same payment method and same account that was used to make the payment.

Refund is not acceptable in case the Advertiser breaches terms and conditions of present Agreement or other terms agreed by the parties.

Refund is not acceptable for any transaction that involves a use of a coupon of any kind.

Advertiser has 30 days from the last payment date to ask for a refund of the balance remaining on the Account. After Advertiser makes a second deposit at Advertiser Account (itself or via manager), a refund will only be issued for a balance of more than $200 US Dollars and a processing fee of 10% will be deducted from such refund

We recommend contacting us for assistance if you experience any issues.

5. Indemnification
You shall indemnify, defend and hold BidVertiser, its agents, affiliates, and licensors harmless from any third party claim or liability (including without limitation reasonable legal fees) arising out of your Program use, Creatives and breach of the Agreement.

6. Confidentiality
You agree not to disclose BidVertiser Confidential Information without BidVertiser's prior written consent. "BidVertiser Confidential Information" includes without limitation: (a) all BidVertiser software, technology, programming, technical specifications, materials, guidelines and documentation relating to the Program; (b) click-through rates or other statistics relating to Site performance in the Program provided to You by BidVertiser; and (c) any other information designated in writing by BidVertiser as "Confidential" or an equivalent designation. It does not include information that has become publicly known through no breach by You or BidVertiser, or information that has been (i) independently developed without access to BidVertiser Confidential Information, as evidenced in writing; (ii) rightfully received by You from a third party; or (iii) required to be disclosed by law or by a governmental authority.

7. Governing Law
This Agreement shall be construed in accordance with the laws of Israel, exclusive of its choice-of-law principles. Exclusive jurisdiction of all disputes arising out of or in connection with this agreement shall reside in the federal of state courts located in Israel. The parties agree that they will attempt to settle any claim or controversy arising hereunder through consultation and negotiation in the spirit of mutual friendship and cooperation. Any dispute which the parties cannot resolve between themselves in good faith within six (6) months of the date of the initial demand by either party for such resolution will be submitted for final determination by one (1) mutually agreed arbitrator within Israel under the rules of the Israeli Arbitration Association's Commercial Arbitration Rules and Procedures, as amended by this agreement. The arbitration shall be conducted in strict confidence, and the arbitrator's power to award damages shall be limited by the terms of this agreement.

8. Entire Agreement
This agreement constitutes the entire agreement and understanding between the parties with respect to the subject matter of this Agreement and supersedes all prior or contemporaneous written or oral agreements or representations between the parties. YOU ACKNOWLEDGES THAT YOU HAVE READ THIS AGREEMENT AND AGREES TO ALL ITS TERMS AND CONDITIONS, YOU UNDERSTANDS THAT BidVertiser MAY AT ANY TIME (DIRECTLY OR INDIRECTLY) ENGAGE IN SIMILAR ARRANGEMENTS ON TERMS THAT MAY DIFFER FROM THOSE CONTAINED IN THIS AGREEMENT. YOU ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE, OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT.

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