Publisher Agreement
PUBLISHER AGREEMENT
HaabaMedia is the sole owner of all website, campaign, and aggregate user data collected by the HaabaMedia network. Publishers have access only to campaign and aggregate user data that is collected through the use of their inventory.
The Need for Approval
HaabaMedia approves all websites, individuals or companies as publishers before they can show banners of HaabaMedia’s advertisers.
HaabaMedia reserves the right to withhold approval of any site for any reason.
Content Copyright
All content, services or products on your site should be rightfully owned, or you must have legal right to use any and all copyrighted material(s).
Indemnification
As registered publishers, you agree to indemnify and hold HaabaMedia, harmless from and against any and all claims, liabilities, damages, demands, expenses, losses, attorney fees arising from any and all claims and lawsuits for libel, slander, copyright and trademark violation as well as other claims resulting from member’s sites.
Publishers Responsibilities
Registered publishers are not allowed to place ads on:
- blank pages with no content
- top of one another, so that more than 2(two) banners are next to each other,
- non-approved websites or web pages,
- or in any way that may be deceptive to the web user.
All ads must be served from HaabaMedia servers.
No publisher is allowed to copy, modify, alter, sell, take, re-use, make any changes or modifications to the code provided by HaabaMedia.
Registered publishers must use the same user-name for all programs.
If registered publishers change their content significantly after approval for membership, HaabaMedia must be notified of the changes immediately ahead of time to avoid confrontations/controversies
Generating web user’s interest through the following ways are unacceptable:
- unsolicited e-mail or inappropriate newsgroup postings
- encouraging visitors to click on advertiser’s banners in any way, shape or form
- chat sites
- auto spawning of browsers
- automatic redirecting
- clicking on your own banners
- blind text links
- misleading links or any other methods that may lead to artificially high numbers of visitors.
Violation
Any violation of our Terms And Conditions will result in non-payment and termination of publisher’s account. Publishers will be notified of termination via an electronic message to the e-mail address provided. Upon receipt of such termination notice, all HaabaMedia’s banners must be immediately removed from your site. The Publisher will be paid, in the next scheduled payment cycle, all legitimate earnings due up to the time of termination
HaabaMedia will terminate any publisher’s account that has been inactive or idle for a period longer than one month. Notice via email of one week will be provided to the publisher in the event their account is inactive or idle.
Upon termination, and in the event that blatant fraudulent activities have been documented in the HaabaMedia logs, all ties to referrals will be permanently severed and the publisher will not receive future referral commissions.
Banner Removal
Upon notification of a campaign end by a HaabaMedia staff, publisher agrees to remove advertiser(s) banner(s).
Payments
HaabaMedia will pay the publisher 40%-90% of the advertising revenue received by HaabaMedia for advertising placed on the publisher’s website.
HaabaMedia will make payments to the publisher within 30 days after the end of the month.
The publisher agrees to keep the payment address and contact information in their account current.
HaabaMedia shall have the sole responsibility for the calculation and reporting of all statistics, including impressions, leads, sales, clicks, earnings reports, and referral earnings. HaabaMedia will post reports of all traffic resulting from the Publisher’s Ad Codes on HaabaMedia’s website for the publisher to access.
All members will be paid no more than once a month. The minimum payment is $50 (Fifty) US Dollars.
Intellectual Property.
The publisher shall not have, nor will it claim, any right, title or interest in any advertising content delivered by HaabaMedia (other than the publisher’s own advertising content). The publisher is granted no license to HaabaMedia’s advertising content, the name “HaabaMedia” or any derivative thereof, or any other trademarks, logos, copyrights, patents, trade secrets or other intellectual property rights which are owned or controlled by HaabaMedia and made available to the publisher in any manner.
Fraudulent Activity
HaabaMedia boasts an anti-fraud system that constantly checks and reports if clicks are coming from non-approved URLs. It also records all the IP addresses and will report if there is less than 40% of unique surfer’s traffic generated, so that our staff can look and determine if the member is engaged in suspicious activities (aka cheating) or not. This is only a few of the many features of our anti-fraud system. So members applying to join our network with the intent to generate fraudulent activity should be advised that the system will detect and document all the fraud. Fraud will result in non-payment, removal from the network and/or additional legal action taken. HaabaMedia reserves the right to require members to provide us server log files upon request.
Limitation of Liability
In no event shall either party be liable for special, indirect, incidental, or consequential damages, including, but not limited to, loss of data, loss of use, or loss of profits arising thereunder or from the provision of services
HaabaMedia will not be subject to any liability whatsoever for any failure to provide reference or access to all or any part of the website due to systems failures or other technological failures of HaabaMedia or of the Internet, delays in delivery and/or non-delivery of advertisements, including, without limitation, difficulties with a client, electronic malfunction and errors and omissions of any kind.
Warranties.
HaabaMedia does not make and hereby expressly disclaims all warranties, express or implied, with respect to any matter whatsoever, including, without limitation, the performance of any software programs incidental to services rendered by HaabaMedia, services provided thereunder, or any output or results thereof. HaabaMedia specifically disclaims any implied warranty of merchantability or fitness for a particular purpose.
Modifications
HaabaMedia reserves the right to change any terms and conditions of this contract at any time. Web publishers are responsible for complying with any changes to the Terms and Conditions within 10 business days from the date of change. Members should contact us with any questions about the interpretation of any terms set forth in this agreement. This agreement may be cancelled by either party at any time, by sending electronic mail.
Cases of Dispute
If any provision of this agreement will be held or made invalid by a court’s decision, the remaining provisions of this agreement shall not be affected thereby.
