TERMS AND CONDITIONS FOR USE OF THE WWW.ADSCOUT.IO WEBSITE AND THE SERVICES OFFERED THROUGH IT
These Terms and Conditions govern the relationship between AdScout Ltd., registered in the Commercial Register at the Registry Agency with UIC 206172724, having its registered office and address of management at city of Sofia, 22, Chavdar Mutafov str., ent. 5, ap. 542 and the persons using the service of the adscout.io website (platform). The adscout.io website is owned by AdScout Ltd.
The words and expressions indicated below shall have the following meaning:
AdScout is a platform for the provision of Affiliate services, by which Partners and Promoters have an opportunity to generate income under certain conditions;
Affiliate service (service) – a form of partnership between AdScout, a Partner, and a Promoter in order to generate income;
Dynamic percentage – additional commission percentage which the Promoters have an opportunity to reach by achieving certain goals specified by the Partners;
Commission – the generated amount of each sale according to the defined percentage compensation.
Minimum Threshold – a minimum amount the Promoters need to have in their Profile in order to withdraw their funds;
Online Traffic – the increase in visits, conversions, sales, and promotion of partners;
Partner – a legal entity owning a website which uses the Affiliate service in order to generate visits and sales from the website through the ads generated by the Promoter;
Visitors – persons who have access to and enter the Partner's site using the Advertisement tools used by the Promoter;
Sales – sales generated by each created ad, where each ad may have multiple sales;
Promoter – a natural person or a legal entity who uses the services of AdScout to generate Ads for the Partners, for which the latter shall pay a certain percentage of the price of the goods;
Rating – an evaluation of a Promoter's or Partner's prudence;
Ad – any tool created by the Promoter which can be shared on Social networks in order to increase visits to the Partner's website.
Social networks – all places where ads can be shared as private or public messages, a banner, an image with or without an attached link, as well as any other forms of auxiliary advertisement means;
- MEANS AND RULES FOR ADVERTISING ON SOCIAL NETWORKS
- Each promoter, at his/her own responsibility, has the right to advertise on social networks, complying with the following rules:
- Advertising is prohibited on websites with the following content:
- pornographic nature, including containing nudity, sexual or depraving content;
- unlawful, damaging, threatening, violent, defaming, libelous or harmful;
- racist or discriminating to any race, religion, faith, nationality, gender or any family affiliation of the person;
- advertising the sale of unlawful goods, including gambling;
- websites assisting or endorsing acts of terrorism, riots or other unlawful activities;
- with untrue or misleading content;
- containing personal data and other identifying information about persons without their permission;
- violating any applicable international, federal, national or local legislation regarding copyright, patents, trademarks or other intellectual property rights;
- which by its nature or content violates the applicable legislation in Bulgaria;
- which contains, comprises, includes, facilitates or encourages unlawful activities, including, without limitation, sites providing unauthorized access to applications, ones providing an option to hack or crack applications;
- interrupts the usual flow with an excessive amount of messages or uses aggressive advertising methods;
- which are uncontrolled, have no content of their own, are in construction or feature advertising content which comprises over 35% of webpages;
- which operate by impersonating AdScout.
- Use of any means and rules for advertising on social networks leading to simulation and generation of false Online traffic is prohibited, unless an additional agreement with the AdScout platform exists.
- AdScout and/or Partners reserve their right to verify at any time the manner in which the Promoter complies with the conditions for Advertising on social networks and to require, where they consider it necessary, detailed information about the used means and rules for advertising on social networks, as well as various reports and statements about the activity conducted by them, such as:
- the promoter must provide the required information within 3 business days or as soon as possible;
- partners reserve their right to terminate relationships with the Promoter partially or fully without prior notice;
- partners or AdScout reserve their right to discontinue a given Ad without prior notice.
- AdScout reserves its right to block a Promoter's access and to remove Ads, and also to block profiles of Partners or Promoters without an obligation to notify or indicate reasons in the following cases without limitation, where:
- the Promoter or the Partner violates these T&C or applicable current legislation;
- the Promoter damages the interests of other Promoters, of AdScout or third parties;
- where AdScout has received an instruction from judicial or prosecution authorities;
- upon the perpetration, attempt or real danger of perpetration by the Promoter or Partner or persons using their profiles of illegal acts or acts that jeopardize the safety and functioning of the Platform;
- where AdScout finds that the Promoter uses and has access to the Platform's Services using two profiles simultaneously.
- RIGHTS AND OBLIGATIONS OF THE PROMOTER
- The Promoter has the right to:
- use ad instruments in accordance with the rules stipulated herein and in accordance with the requirements imposed by the Partner in order to generate traffic and receive commissions;
- receive compensation in the form of commissions and/or additional bonuses for the generated and approved sales through the ads created by him/her; each Partner defines at its own discretion the percentage to be paid as a commission to Promoters; each Partner at its own discretion may determine and pay an additional bonus to Promoters;
- participate in advertising events organized by AdScout and/or Partners and win prizes in the form of cash funds and/or a larger commission percentage;
- subscribe or unsubscribe from promotional emails containing advertising information, potential future offers and campaigns from the platform containing information collected from Partners;
- notify AdScout about any detected fault in the Platform's functioning.
- The Promoter is allowed to shorten codes/hyperlinks using services such as bitly.com.
- In order to generate traffic, the Promoter has the right to use the following means of advertising in the online social space:
- advertising on websites managed by the Promoter using advertising instruments provided by AdStory;
- paid ad campaigns using: Google AdWords, Facebook Ads, etc.;
- advertising using various communication methods, such as Facebook, Twitter, Instagram, Viber, WhatsApp, etc.
- The Promoter undertakes to:
- provide full and exact information about his/her identity;
- use means and rules for advertising on social networks as requested and approved by AdScout and to comply with all terms and limitations imposed by Partners;
- provide accurate and full information about his/her payments to the National social security system, as well as any information of importance for taxation and health insurance, such as, without limitation, whether the Promoter is registered as a self-employed person, whether the Promoter is registered in the Bulstat Register with the Registry Agency, the amount of the Promoter's income as a natural person, and the grounds on which the funds are received (labor contract, civil contract or other grounds),whether the Promoter has a VAT registration, and any other information required by AdScout and which information the Promoter must update in the event of any change in these circumstances;
- use scrupulously the advertising tools provided by AdScout and advertising information from Partners, without making any changes to them;
- not to damage the image and/or interests of AdScout and/or Partners through the actions he/she performs, the information he/she provides or the manner in which such activities are conducted;
- provide, upon AdScout's request, in a timely manner, the information required to analyze and approve commissions;
- comply with these Terms and Conditions, their subsequent amendments and additions published on the platform.
- The Promoter undertakes to use the advertising means provided on the platform according to their purpose, so as not to mislead third parties. In this regard, for the purposes of online advertising, it is strictly forbidden to use the following links:
- which may mislead visitors due to the fact that these links lead to webpages, certain content or commercial offer of any type other than the expected;
- which may mislead visitors by directing toward webpages with a different or misleading content, other than the expected;
- which may mislead visitors due to the fact that there is no exact reference to their content, and thus redirect people to pages without an option to anticipate their content;
- which, due to the manner in which they are used, enable cookies aiming to generate conversions compensated by advertisers within the payment period, without these conversions resulting from efforts made for online advertising by the promoter for the mentioned partner.
- In the event that he/she ceases to use the service, regardless of the reason, the Promoter must immediately discontinue the use of advertising tools, and shall be personally responsible before AdScout, the platform, partners and/or third parties for the unauthorized use of the mentioned ads through the platform.
- By accepting these Terms and Conditions, the Promoter accepts to use the AdScout Platform, including all advertising tools, and declares his/her agreement with the manners of calculation of commissions, effective periods, as well as any possible additional condition or limitation stipulated at any time by any of the Partners in the favor of which advertising is provided.
- RIGHTS AND OBLIGATIONS OF ADSCOUT
- AdScout has the right to:
- verify compliance with current Terms and Conditions by Promoters and/or Partners, and to this end has the right to require at any time comprehensive information about the activity conducted by Promoters;
- terminate payment of amounts to Promoters (commissions and/or bonuses) who do not comply with these Terms and Conditions and/or additional conditions imposed by Partners;
- terminate the use of the service by Promoters and deactivate their profiles without this resulting in any responsibility or obligation for AdScout and/or Partners;
- issue Penalty points to Promoters and/or Partners which shall affect their Rating;
- block the access of Promoters to their profile or remove their ads, without an obligation to notify or stipulate reasons in the following cases, without limitation, where:
- the Promoter violates these T&C or applicable current legislation;
- the Promoter damages the interests of other Promoters, of AdScout or third parties;
- where AdScout has received an instruction from judicial or prosecution authorities;
- upon the perpetration, attempt or real danger of perpetration by the Promoter or persons using his/her profile of illegal acts or acts that jeopardize the safety and functioning of the Platform;
- where AdScout finds that the Promoter uses and has access to the Platform's Services using two profiles simultaneously.
- block access for Promoters who do not reply to demands and requests in their profile, until the required information and reports regarding their activity are provided, and also to limit at any point in time the Promoter's access to advertising tools of a given Partner upon request by the Partner of at the discretion of the Platform;
- amend these Terms and Conditions.
- AdScout shall not bear any responsibility or guarantee:
- the compliance of ads and content of the adscout.io website with the expectations of visitors, promoters, and partners, including with regard to achieving professional, business goals, profitability, and others, as well as the satisfaction of visitors with the goods or services selected by them. In the event that visitors and Promoters doubt the quality of services or the website with regard to its content or reliability, the visitor and/or the Promoter should not use the Platform and the Website. In all other cases, if despite these doubts and reservations the visitor and/or the Promoter continues using the services and the website, responsibility for this decision lies entirely with him/her, with all consequences of this, and AdScout shall not bear any responsibility for damages suffered by the visitor and/or the Promoter with regard to using the website, beyond the cases envisaged by law.
- for visitors who manipulate cookies and/or hyperlinks.
- AdScout's responsibilities:
- To pay the agreed commissions to Promoters upon full performance of obligations in accordance with the provisions of these Terms and Conditions; commissions shall be paid to Promoters after they are paid by Partners to AdScout;
- ensure the functioning of advertising tools, registration of conversions, and payment of the respective commissions;
- provide access in Promoters' and Partners' profiles to information about ads, their status, current balance of commissions, and analytics tools.
- COMMISSIONS AND PAYMENT METHOD
- Calculation and payment of commission to Promoters – the manners of creating ads and calculating Commissions, as well as any additional conditions and limitations with regard to obtaining the above, are indicated by each Partner independently and published and updated regularly on the Platform.
- Commissions – these are defined entirely by Partners who may in turn amend them at their own discretion. Commission for a generated ad which has led to an already realized sale may not be changed.
- Commissions are granted to Promoters for proven conversions in favor of a particular Partner, whereas the Partner has the right to decide in advance whether these shall be paid for ads/conversions or only for successfully generated orders.
- Commissions are granted only to the Promoter who generates the conversion which led to a successful purchase.
- All conversions, successful sales, unsuccessful sales, and their respective commissions are calculated and registered by AdScout using the Platform and are published in the Promoters' and Partners' profiles.
- Each created ad has several states it needs to go through before the commission for it is paid:
- Payment to Promoters:
- Amounts generated from commissions for all successful ads are registered in the Promoter's profile on a monthly basis. After the 15th day of each subsequent month, the Promoter has the right to request payment of commissions from AdScout upon reaching a minimum threshold for withdrawal amounting to 50 currency units in the respective currency (BGN 50, USD 50, EUR 50). In the event that the Promoter's profile is subject to closing for any reason, the Promoter shall be entitled to request withdrawal of commissions without reaching the minimum threshold. AdScout pays the due amounts to Promoters only after a requested transfer to an bank account indicated in the Promoter's profile in the Platform and only after the amounts for withdrawal reach the "completed" status, meaning that they are also paid by Partners to AdScout. AdScout reserves its right to deny payment if it finds out that the indicated bank account in the Promoter's profile belongs to another person.
- The collected amount from previous months may be requested at any time together with current income, as long as the month is completed and the condition in item 4.7.1 is met.
- AdScout shall not bear any responsibility in the event that the Promoter has not notified AdScout about a change in his/her bank account; any payment made to the bank account indicated in the Promoter's profile on the Platform shall be considered valid, and the Promoter bears the responsibility for the correct spelling of bank details about his/her account.
- To make payments, Promoters who are sole owners and Promoters who are legal entities are obliged to issue an invoice for the income and send it by email to AdScout or upload it to the system for the respective month using the option provided by AdScout in the Promoter's profile page in the period between the 10th and the 15th day of each subsequent month for the previous monthly period. AdScout shall only make the payment after receiving an invoice from Promoters.
- Payment of due amounts shall be made by bank transfer, and upon the Promoter's request, AdScout undertakes to make a bank transfer within 10 business days after receiving the invoice or after an express request by the Promoter. All payments to Promoters shall be made by AdScout only after a payment is received from Partners.
- In the event that AdScout has not received payment from the Partner for the achieved sales, AdScout shall not owe a commission to Promoters.
- TAXES, FEES, AND SOCIAL SECURITY PAYMENTS:
- When paying any income, AdScout shall withhold all taxes in accordance with applicable legislation (income tax, respective payments to the social security and healthcare systems, any other taxes).
- The Promoter and/or Partner undertakes to provide AdScout with any information necessary to calculate amounts to be withheld, and to notify about any change which may hinder their calculation. To this end, the Promoter undertakes to immediately report any change in his/her status with regard to the national social security system, as well as any other tax information.
- Responsibility for the provision of false information or non-provision of information for taxation purposes lies entirely and solely with the Promoter and/or Partner both with regard to AdScout and any third party, including in relation to state authorities, including for the payment of similar liabilities, for potential sanctions and penalties which may be imposed by tax authorities for non-compliance with these obligations, and the Promoter undertakes to reimburse AdScout for any amount paid by it in this regard.
- GENERAL RULES
- These Terms and Conditions may be amended at any time and at AdScout's discretion. Changes shall be published to adscout.io and become effective on the day they are published there. Users of the website's services must check updates of the Terms and Conditions and behave in compliance with them. AdScout may at any time change any conditions relating to the service by publishing a notice on the Platform and/or in any other way preferred by AdScout.
- By using the adscout.io website, any menu, category or subcategory in it, and with the occurrence, development, and termination of any relationship arising as a result of using this site, Promoters and Partners give their consent to be bound by these Terms and Conditions and by all other terms regulating individual relationships resulting from its use. This document has a binding, obligatory nature of a contract applicable to all versions and devices on which the services of adscout.io are available.
- The binding nature of the Terms and Conditions is applicable both to the current configuration of the website and to all changes to it made as supplements and amendments or introduction of new menus, categories, sections, etc.
- AdScout Ltd. reserves its right to unilaterally amend the Terms and Conditions for the use of the website and the services provided through it at any time, without prior notice, and the amended terms are published on the website immediately after a decision for their coming into effect is taken. Access, viewing or use of the website implies the user's acceptance and agreement with the Terms and Conditions.
- If Promoters and/or Partners do not agree to the above or do not accept these terms, they may at any time discontinue using adscout.io and deactivate their Profile. If they continue using this website, AdScout assumes that Promoters/Partners agree to these Terms and Conditions.
- Partners may at any time change the value of commissions, as well as the policy for their dynamic change (dynamic percentage),the adopted terms regarding means and rules for advertising on social networks, as well as any additional conditions and limitations. The Promoter's continued use of the Service shall be construed as acceptance of such amendments by the Partner.
- If the Promoter and/or Partner does not expressly notify AdScout about his/her disagreement regarding the amendments to the Terms and Conditions within 30 (thirty) days from the date on which they are published and become effective, AdScout reserves its right to terminate the use of the Service by the respective Promoter and/or Partner.
- AdScout has the right at any time to terminate, partially or fully, the use of certain Services, regardless whether such action is approved by the Promoter and/or Partner or not.
- The latest amendment of the Terms and Conditions of the Services published on the Platform has precedence over any previous versions of these Terms and Conditions.
- By accepting the use of services provided by the platform, the Promoter and/or Partner states and accepts that the technology and specific know-how, whether patented or not, incorporated in the Platform and in the Service, are and remain property of AdScout. In this way, the Promoter and/or Partner agrees and accepts that AdScout owns all intellectual property rights over the Platform and the Services in provides, and that with the exception of the right to use the Platform and the Service, in full compliance with the obligations envisaged in the Terms and Conditions, with their subsequent amendments and supplements, as published last at any time, he/she does not acquire any other rights over the Platform and/or Services.
- The Promoter accepts and undertakes to comply with and protect at all times the rights over the used tools of AdScout and/or the Partners, and states that he/she shall not use them under conditions other than those permitted in accordance with the Terms and Conditions for Services provided by AdScout, with the subsequent amendments and supplements published on the Platform.
- The Promoter and/or Partner grants AdScout the irrevocable right to keep and process any information regarding the use of services on social networks. The Promoter grants AdScout the right to disclose such information to the Partners and to keep statistics regarding the Promoter's activity within the provided services.
- In order to properly calculate the amounts and monitor the correctness, the Affiliates should provide on request to AdScout all the information about the orders placed for all advertisements made by the Promoter. AdScout will in no way monitor orders placed that are not made from a reference link of the Promoter.
- The Promoter declares and guarantees that he/she bears responsibility for the manner in which he/she uses means and rules for advertising in the online social space, and that he/she bears the full responsibility when using the provided services to create and distribute ads. In the event that AdScout and/or the Partner is notified or receives a complaint by fault of the Promoter, the same shall be forwarded to him/her by AdScout and/or the Partner as the only one responsible for the situation, who should reimburse the affected parties for all costs and damages resulting from the situation.
- Promoters who are legal entities hereby state that they agree to AdScout's and/or Partner's free and unlimited use, even after termination of the relationships between Promoters and AdScout, of the name, logo, trademark and/or brands of the Promoter for presentations, marketing materials and/or other materials in relation to the above.
- Partners hereby state that they agree to AdScout's free and unlimited use, even after termination of the relationship between the Partner and AdScout, of the name, logo, trademark and/or brands of the Partner for presentations, marketing materials and/or other materials in relation to the above.
- Use of the name AdScout (the Platform) and/or any other intellectual property of the Service (such as the name "AdScout") is limited to use only for the purposes and within the limits of the use of the Service, and any other use shall be considered unauthorized, and shall comprise grounds for prosecution.
- By successfully registering on the Platform, each Promoter and/or Partner states and guarantees that:
- the entire information and data provided for the purposes of registration on the Platform is true, accurate, and current;
- he/she complies with and shall continue to comply with all applicable legal provisions in effect at any time.
- For the period of use of the Services on the Platform, and also after its termination, each Promoter and/or Partner undertakes not to disclose confidential information about the platform to third parties without AdScout's prior consent:
- any information about the application, source codes, Visitors' access to the Service;
- any other information about AdScout and/or related third parties which is considered confidential. Information which is not considered confidential in these Terms and Conditions is information which is publicly available at the time of its disclosure by other sources without violating this confidentiality obligation of the Promoter and/or the Partner, as well as information disclosed to competent authorities in accordance with provisions of the law.
- The Promoter unconditionally confirms and accepts that AdScout does not in any way offer any guarantees regarding profit or commissions for the Promoter when using the services provided by the platform.
- Promoters and/or Partners are responsible for complying with the Terms and Conditions.
- Considering the nature of provided services and considering the fact that AdScout and/or the Partner makes the payment after a certain Service is provided, the Partner expressly confirms that the right to cancel within 14 days of the date of provision of a service envisaged in Directive 2011/83/EU of the European Parliament and of the Council of 25 October 2011 on consumer rights, applicable at national level through the Consumer Protection Act on the rights of consumers under contracts concluded with professionals, amending and supplementing certain legislative acts, are not applicable with regard to the Services provided by the Platforms, in accordance with the exceptions envisaged in article 16 (including article 16, items "a" and "m") of the Directive, and respectively in accordance with article 57 of the Consumer Protection Act.
- The Partner and/or the Promoter accepts that all notifications, messages sent by the Platform through the Service as a post and/or email are valid and binding at the date of their publishing by AdScout, and if the message is sent by email, it shall be considered received on the first business day after its sending.
- Conditions in Force Majeure circumstances
- The Parties are released from responsibility for full or partial non-performance of the contract which is due to Force Majeure, about which they have notified the other party and provided a Force Majeure certificate issued by the Bulgarian Chamber of Commerce and Industry.
- "Force Majeure" means an event of extraordinary nature occurring after the contract was concluded, which could not be foreseen and is independent of the will of the parties, such as: fire, production accidents, war, natural disasters – storms, torrential rains, floods, hail, earthquake, icing, drought, landslides and other natural forces, embargo, governmental bans, strikes, riots, unrest, pandemics, etc.
- The Party which has become unable to perform its obligations due to Force Majeure must within 10 days notify in writing the other party about its occurrence and about the estimated duration and termination of Force Majeure.
- Force Majeure is certified with a certificate issued by the Bulgarian Chamber of Commerce and Industry.
- AdScout Ltd., through adscout.io, shall bear no responsibility for non-performance of its obligations upon the occurrence of events which AdScout Ltd., through adscout.io, had not foreseen and had no obligation to foresee, incl. without limitation, Force Majeure, accidental events, problems in the global network Internet and in the provision of services outside the control of AdScout Ltd. through adscout.io
- All disputes between the parties shall be resolved in a spirit of understanding and goodwill. In the event that agreement is not reached, all unresolved disputes arising from the contract between the parties or with regard to it, including disputes caused by or related to its interpretation, invalidation, implementation or termination, as well as disputes to fill gaps in the contract or to adapt it to newly arising circumstances, shall be resolved by the competent court in the place of registration of AdScout in accordance with Bulgarian legislation.