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:
- pending
- approved
- completed
- 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.