Welcome to Spark Ads Network
Spark Ads Network (“The Company“, or “we“, “our” or “us“) owns and operates the websitewww.sparkadsmedia.com (the “Website“) offering a proprietary advertising optimization software (the “ Software“)
Once you have been registered as a user by Spark Ads Network, you shall gain access to the Spark Ads Network on-line advertising optimization platform (the on-line platform
together with the Website, are referred to herein as the, “Platform“) and the Software.
agree to be bound by the Terms. If you do not agree with the Terms, you may not use the Platform or the Software.
These Terms apply to advertisers, ad platforms, publishers and any other party that may use or be affected, directly or indirectly by the Software,
Platform or the Platform.
You may not register with the Platform or use the Software if you are under the age of 18.
The Software enables you as a publisher to sell your website’s advertising space at your desired floor price.
Following registration, you will be able to define the available advertising space on your website and your desired floor price for that space on a CPM
(Cost per 1000 impressions) basis and embed our Software code, which will be available to you via the control panel on the Platform. If you have not set a
floor price we will assume your floor price is to be set at our discretion.
Provided the Software is able to sell your advertising space at the requested price, the Software will automatically display advertisements in web pages
that contain the embedded code.
If you set a floor price you will be required to set a pass-back tag. If you have set a floor price and the Software is unable to sell your advertising
space at such price the Software will pass the advertising space back to the ad tag defined by you.
If no floor price and pass-back tag have been set the Software will be unable to pass-back any unsold advertising spaces.
All impressions served shall be counted by the Spark Ads Network Ad Server and payment for the campaign shall be based on figures produced by such system. In any
event that the impressions are served incorrectly by the publisher in terms of either tag or technical specification, such impressions shall not counted or
Payment shall be due NET60 from the end of the month and of receipt by Spark Ads Network of your invoice detailing the amount of impressions actually delivered
as counted by the Spark Ads Network Ad Server (see below regarding online access to activity reports).
Invoices received are pending our approval. Unless otherwise determined by us at our sole discretion, payments will be made via Bank Check.
We will make reasonable efforts to have a transaction processed accurately and expeditiously. However, we will not be liable for mistakes, errors,
malfunctions and miscalculations made in the course of transactions made using our billing services.
Registration and User account
Registration as a user is free of charge. When you register you will be asked to provide certain contact and personal details. You must
submit only true, complete and accurate details. False, incorrect, or outdated information may prevent you from registering and impair our ability to
provide you with the Software and to contact you. We will explicitly indicate the fields for mandatory completion. If you do not enter the requisite data
in these fields, you will not be able to register.
To login, you must use your personal user name and password. Alternatively, we may provide you with a password for accessing your account. We may also
establish and require from time to time additional or different means of identification and authentication for logging in and accessing your account, or
for accessing the Platform and Software.
You agree to maintain your username and password in absolute confidentiality and refrain from disclosing them to others. Make sure that you change your
password frequently and at least once every six months.
You are fully accountable for any outcome resulting from your failure to provide true, accurate and complete details in the course of the registration
process, and for any use or misuse of your account as a result of conveying your details to someone else.
You may terminate your account at any time, by sending a written notification through e-mail to: firstname.lastname@example.org. We may require you to verify your termination notice by sending us an additional termination
request message, either by e-mail or through any other means, as a prerequisite for termination of your account. Your account will terminate within 10 days
following your notification, and from that date of termination you will no longer be able to access your account.
Notwithstanding any remedies that may be available to us under any applicable law, we may temporarily or permanently deny, limit, suspend, or terminate
your user account, prohibit you from accessing the Software, the Platform, if we believe that –
you have abused your rights to use the Software or the Platform; or
you have breached the Terms; or
you deliberately submitted false information; or,
you have performed any act or omission that violates any applicable law, rules, or regulations; or,
you have performed any act or omission which is harmful or likely to be harmful to us, or to any other third party, including other advertisers or
publishers of the Software or Platform; or,
you made use of the Software or Platform to perform an illegal act, or for the purpose of enabling, facilitating, assisting or inducing the performance
of such act; or,
you conveyed your user name and password to another person; or,
you are in debt to us or to another person with respect to any transactions made on or through the use of the Software.
We may, but are not obligated to, send you a notice by email within a reasonable period of time prior to the termination of your account.
Termination or cancellation of your account weather by us or by yourself will not release you for any commitments or obligates set forth under these Terms,
or any contractual relationship you may have entered into with a third party. All provisions of these Terms which by their nature should survive
termination, will survive termination, including, without limitation, intellectual property, disclaimer of warranty, limitation of liability and
Registered publishers will have online access to activity reports. The reports will contain a summary of activities, including details and information,
such as, number of served impressions, rill rate, eCPM, Revenue and other information. We may from time to time, add, omit or change the character and
extent of information provided in the periodic reports.
These reports, generated by Spark Ads Network, will be regarded by all parties as decisive documents to the extent required for performing any duty under these Terms
and resolving any conflict related to the use of the Software or Platform.
Certain Undertakings and Restrictions
You agree to abide by all applicable local and international laws, regulations and rules, including tax laws and you agree that you are solely responsible
for all acts or omissions associated with your access and use of the Platform and the Software and the access and use of the Platform and the Software by
anyone on your behalf.
We may (but under no obligation to) limit content allowed to be displayed as part of an advertisement in various ways including by limiting file types,
file sizes, or any content we, at our sole discretion, may find inappropriate. We will not be liable for your and other users’ content.
Ads cannot be displayed on pages with adult, gambling or any illegal content.
When using the Platform or the Software, You agree to refrain from willfully, or carelessly –
breaching the Terms or any other applicable rules and instructions that we may convey with respect to the use of the Software;
interfering with or disrupting the functionality of the Software;
circumventing or manipulating the Software fee structure, the billing process, or fees owed to us;
posting false, inaccurate, illegal or misleading content;
transferring your account or User ID to another party without our explicit prior written consent;
using robots, crawlers and similar applications to collect and compile content of any kind from the Platform or the Software, including from the
Software’s based advertisements, or from e-mail addresses, offers and bids from the Software;
displaying the Software, the Platform or any part thereof in an exposed or concealed frame, without our prior explicit and written consent;
impersonating any person or entity, or making any false statement pertaining to your identity, employment, agency or affiliation with any person or
collecting or processing personal information of advertisers, publishers and visitors without their explicit consent;
linking to various elements on the Platform, such as images, independently from the web pages on which they originally appear;
posting, disseminating, transmitting or otherwise communicating through, or to the Platform, or making available any content on the Software, or when
using the Software, including placing advertisement and publishers’ offers, which may reasonably be deemed as:
(1) Infringing or violating intellectual property rights of other parties, including patents, copyrights and trademarks;
(2) Identifying minors, their personal details or their address and ways to contact them;
(3) Software viruses, Trojan Horses, Worms, Vandals, Spyware and any other Malicious Applications;
(4) Encouraging, supporting, assisting, providing instructions or advising in the committing of a criminal offense, under the applicable laws;
(5) Constituting a violation of a person’s right for privacy or right of publicity;
(6) Prohibited by any applicable law, including court restraining orders, to be posted, published, disseminated, or otherwise made available to the public;
(7) Threatening, abusive, harassing, defamatory, libelous, vulgar, obscene or racially, ethnically, constituting hate speech, or otherwise objectionable;
(8) Unsolicited commercial communications (‘spam’), chain letters, or pyramid schemes.
Representations and Warranties
you represent and warrant that (i) you are the owner of each website you designate in connection with the use of the Software, or that you are legally
authorized to act on behalf of the owner of such website, for the purposes of these Terms, and (ii) you are duly authorized to enter into an agreement
under these Terms and to perform your duties and obligations hereunder. You further represent and warrant that each website that you designate in
connection with the use of the Software and any content displayed therein comply with all applicable laws, statutes, ordinances and regulations;