Terms and Conditions
of PayV Affiliate Network

These Terms govern

• the use of PayV Affiliate Network, and,
• any other related Agreement or legal relationship with the Owner in a legally binding way.

Capitalized words are defined in the relevant dedicated section of this document.

The User must read this document carefully.

Owner and Data Controller

Owner contact email: [email protected]

Definitions and Legal References

PayV Affiliate Network (or this Website)

The property that enables the provision of the Service.

Agreement

Any legally binding or contractual relationship between the Owner and the User, governed by these Terms.

Business User

Any User that does not qualify as a Consumer.

European (or Europe)

Applies where a User is physically present or has their registered offices within the EU, regardless of nationality.

Owner (or We)

Indicates the natural person(s) or legal entity that provides PayV Affiliate Network and/or the Service to Users.

Service

The service provided by PayV Affiliate Network as described in these Terms and Conditions on PayV Affiliate Network.

Terms

All provisions applicable to the use of PayV Affiliate Network and/or the Service as described in this document, including any other related documents or agreements, and as updated from time to time.

User (or You)

Indicates any natural person or legal entity using PayV Affiliate Network.

Consumer

Any User qualifying as a natural person who accesses goods or services for personal use, or more generally, acts for purposes outside their trade, business, craft or profession.

Client

A company providing PayV Affiliate Network with advertising campaigns and willing to attract Consumers to their website, application or other service. For this purpose Client creates advertising campaigns, or Offers, with sets of rules to follow during promotions and agreed upon monetary rewards for payable actions (sales, subscriptions, application installations, or any actions considered valuable by Client and communicated to the Owner).

Offer

A request from the Customer for the advertising and promotion of the particular Customer’s product at a price (payout) generated by Contractor and in a particular geographic area.

Information about PayV Affiliate Network

The Service is the collection of technical and communications services provided by PayV Affiliate Network to provide Publisher with tools, knowledge and reporting to promote Offers. Publisher will use the Offer to generate commissionable actions, as described in the affiliate portal or as provided directly by PayV Affiliate Network. “Commissionable Actions” mean Conversions or other negotiated actions that User has delivered which attract a monetary commission. "Publisher" means registered and approved user who is allowed to send clicks to the Client campaigns (hereinafter "Offers") in order to deliver Commissionable Actions.

What the User should know at a glance

• Usage of PayV Affiliate Network and the Service is age restricted: to access and use PayV Affiliate Network and its Service the User must be an adult under applicable law.

• Please note that some provisions in these Terms may only apply to certain categories of Users. In particular, certain provisions may only apply to Consumers or to those Users that do not qualify as Consumers. Such limitations are always explicitly mentioned within each affected clause. In the absence of any such mention, clauses apply to all Users.

Publisher relationship with PayV Affiliate Network

Enrollment to the affiliate program and Publisher approval process

User must complete the sign up form on the Website to apply to become a Publisher with PayV Affiliate Network. Each Publisher application is subject to review and approval by PayV Affiliate Network. All prospective Publishers need the official approval from PayV Affiliate Network before they can become Publishers. After we review your application, we will notify you of your acceptance or rejection to the Affiliate Program. We may accept or reject your application at our sole discretion for any reason.

Commissionable Action Validation Procedure:

PayV Affiliate Network will verify each Commissionable Action delivered by the Publisher. Upon receipt, all commissionable actions will be checked for validity, meaning that an individual person who accesses the Client Site via the Link, where the Link is the last link to the Program WebSite, is not a computer generated user, such as a robot, spider, computer script or other automated, artificial or fraudulent method to appear like an individual, real live person, is not using pre-populated fields and is not later determined by PayV Affiliate Network to be fraudulent, incomplete, unqualified or a duplicate.

Compliance:

PayV Affiliate Network will actively monitor Publisher activity using a combination of its proprietary software and third-party monitoring services. It is the obligation of Publisher to prove to PayV Affiliate Network that they are not committing fraud. In the case of a dispute, PayV Affiliate Network will hold Publisher payment in ‘Pending Status’ until Publisher has satisfactorily provided evidence that Publisher is not defrauding the system. If Publisher is unable to prove to PayV Affiliate Network that they are not committing fraud, Publisher will forfeit its entire commission and Publisher’s account will be terminated.

Advertising Guidelines:

Publisher may, in its complete discretion, reject, cancel or remove at any time any Offer from the service for any reason without prior notice to PayV Affiliate Network. User may not forego any obligations to PayV Affiliate Network until resolution of any outstanding issues between both parties is completed.

Payment:

PayV Affiliate Network will pay to the Publisher any Commissions earned monthly, provided that Publisher account balance is currently greater than $100. Accounts with a balance of less than $100 will roll over to the next month, and will continue to roll over monthly until 100$ is reached. PayV Affiliate Network reserves the right to charge back to User account any previously paid Commissionable Actions that are later determined to have not met the requirements to be a Commissionable Action. Payment for Commissions is dependent upon Clients providing such funds to PayV Affiliate Network, and therefore, Publisher agrees that PayV Affiliate Network shall only be liable to the Publisher for Commissions to the extent that PayV Affiliate Network has received such funds from the Clients. Publisher hereby releases PayV Affiliate Network from any claim for Commissions if PayV Affiliate Network has not received such funds from the Clients.

Payment terms:

PayV Affiliate Network shall automatically remit the payment to the Publisher for all Commissions payable on Net15 payment terms. Exclusive payment terms are subject to negotiation. All payments made to Publisher do not include, and Publisher shall pay, any sales, use or similar tax associated with such payment. In the event that Publisher has their own reporting for Commissionable Actions and Publisher claims a discrepancy, Publisher must provide PayV Affiliate Network with their reports within three (3) days after 30th day of the calendar month, and if PayV Affiliate Network’ and Publisher's reported statistics vary by more than 10% and PayV Affiliate Network determines that Publisher has used generally accepted industry methods to track Commissionable Actions, then PayV Affiliate Network and Publisher agree to make a good faith effort to arrive at a reconciliation. If the parties are unable to arrive at a reconciliation, then PayV Affiliate Network' numbers shall prevail.

Publisher Representations and Warranties

Publisher represents and warrants that:

• The recipients of all email addresses used by Publisher in connection with this Agreement have manifested affirmative consent to receive commercial emails from Publisher and none of the email addresses were obtained through email harvesting or dictionary attacks;
• Publisher will not fraudulently add commissionable actions by fraudulent traffic generation (as determined solely by PayV Affiliate Network, such as pre-population of forms or mechanisms not approved by PayV Affiliate Network);
• Publisher will not attempt in any way to alter, modify, eliminate, conceal, or otherwise render inoperable or ineffective the Site tags, source codes, links, pixels, modules or other data provided by or obtained from PayV Affiliate Network that allows PayV Affiliate Network to measure ad performance and provide its services;
• Publisher will not engage in or promote any illegal activities of any kind in association with this Agreement.
• Publisher will not engage in, disseminate, promote or otherwise distribute any Offer through the use of contextual media, specifically downloadable software (also called adware, pop-up/pop-under technologies, plug-ins, and other names as applicable).
• Email Campaigns. Publisher further represents and warrants that with respect to email campaigns transmitted by Publisher for PayV Affiliate Network, Publisher shall at all times only use the PayV Affiliate Network email creative provided by PayV Affiliate Network, maintain strict compliance with the Controlling the Assault on Non-solicited Pornography and Marketing Act of 2003 (CAN-SPAM), the EU’s General Data Protection Regulation 2016/679, any amendments and modifications thereto and any other local laws, as applicable.

Independent Contractor

Each party is an independent contractor. Except as set forth in this Agreement, neither party is authorized or empowered to obligate the other or incur any costs on behalf of the other without the party’s prior written consent.

TERMS OF USE

Unless otherwise specified, the terms of use detailed in this section apply generally when using PayV Affiliate Network.

Single or additional conditions of use or access may apply in specific scenarios and in such cases are additionally indicated within this document.

By using PayV Affiliate Network, Users confirm to meet the following requirements:

• There are no restrictions for Users in terms of being Consumers or Business Users;

• Users must be recognized as adult by applicable law;

• Users aren’t located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist-supporting” country;
• Users aren’t listed on any U.S. Government list of prohibited or restricted parties;

Account registration

To use the Service Users must register or create a User account, providing all required data or information in a complete and truthful manner.
Failure to do so will cause unavailability of the Service.

Users are responsible for keeping their login credentials confidential and safe. For this reason, Users are also required to choose passwords that meet the highest standards of strength permitted by PayV Affiliate Network.

By registering, Users agree to be fully responsible for all activities that occur under their username and password.
Users are required to immediately and unambiguously inform the Owner via the contact details indicated in this document, if they think their personal information, including but not limited to User accounts, access credentials or personal data, have been violated, unduly disclosed or stolen.

Conditions for account registration

Registration of User accounts on PayV Affiliate Network is subject to the conditions outlined below. By registering, Users agree to meet such conditions.

• Accounts registered by bots or any other automated methods are not permitted.

• Unless explicitly permitted, a User account may not be shared with other persons.

Account termination

Users can terminate their account and stop using the Service at any time by doing the following:

• By directly contacting the Owner at the contact details provided in this document.

Account suspension and deletion

The Owner reserves the right to suspend or terminate the User's account at any time and without notice, at the Owner's sole discretion, in these cases:

• User has violated these Terms; and/or

• User's access or use of PayV Affiliate Network may cause injury to the Owner, other Users or third parties; and/or

• the use of PayV Affiliate Network by the User may cause violation of law or regulations; and/or

• in case of an investigation by legal action or governmental involvement; and/or

• the account or its use is deemed to be, at the Owner’s sole discretion inappropriate or offensive or in violation of these Terms.

The suspension or deletion of User accounts shall not entitle Users to any claims for compensation, damages or reimbursement.
The suspension or deletion of accounts due to causes attributable to the User does not exempt the User from paying any applicable fees or prices.

Content on PayV Affiliate Network

Unless where otherwise specified or clearly recognizable, all content available on PayV Affiliate Network is owned or provided by the Owner or its licensors.

The Owner undertakes its utmost effort to ensure that the content provided on PayV Affiliate Network infringes no applicable legal provisions or third-party rights. However, it may not always be possible to achieve such a result.
In such cases, without prejudice to any legal prerogatives of Users to enforce their rights, Users are kindly asked to preferably report related complaints using the contact details provided in this document.

Rights regarding content on PayV Affiliate Network - All rights reserved

The Owner holds and reserves all intellectual property rights for any such content.

Users may not therefore use such content in any way that is not necessary or implicit in the proper use of the Service.

In particular, but without limitation, Users may not copy, download, share (beyond the limits set forth below), modify, translate, transform, publish, transmit, sell, sublicense, edit, transfer/assign to third parties or create derivative works from the content available on PayV Affiliate Network, nor allow any third party to do so through the User or their device, even without the User's knowledge.

Where explicitly stated on PayV Affiliate Network, the User may download, copy and/or share some content available through PayV Affiliate Network for its sole personal and non-commercial use and provided that the copyright attributions and all the other attributions requested by the Owner are correctly implemented.

Any applicable statutory limitation or exception to copyright shall stay unaffected.

Access to external resources

Through PayV Affiliate Network Users may have access to external resources provided by third parties. Users acknowledge and accept that the Owner has no control over such resources and is therefore not responsible for their content and availability.

Conditions applicable to any resources provided by third parties, including those applicable to any possible grant of rights in content, result from each such third parties’ terms and conditions or, in the absence of those, applicable statutory law.

Acceptable use

PayV Affiliate Network and the Service may only be used within the scope of what they are provided for, under these Terms and applicable law.

Users are solely responsible for making sure that their use of PayV Affiliate Network and/or the Service violates no applicable law, regulations or third-party rights.

Therefore, the Owner reserves the right to take any appropriate measure to protect its legitimate interests including by denying Users access to PayV Affiliate Network or the Service, terminating contracts, reporting any misconduct performed through PayV Affiliate Network or the Service to the competent authorities – such as judicial or administrative authorities - whenever Users engage or are suspected to engage in any of the following activities:

• violate laws, regulations and/or these Terms;
• infringe any third-party rights;
• considerably impair the Owner’s legitimate interests;
• offend the Owner or any third party.

Software license

Any intellectual or industrial property rights, and any other exclusive rights on software or technical applications embedded in or related to PayV Affiliate Network are held by the Owner and/or its licensors.

Subject to Users’ compliance with and notwithstanding any divergent provision of these Terms, the Owner merely grants Users a revocable, non-exclusive, non-sublicensable and non-transferable license to use the software and/or any other technical means embedded in the Service within the scope and for the purposes of PayV Affiliate Network and the Service offered.

This license does not grant Users any rights to access, usage or disclosure of the original source code. All techniques, algorithms, and procedures contained in the software and any documentation thereto related is the Owner’s or its licensors’ sole property.

All rights and license grants to Users shall immediately terminate upon any termination or expiration of the Agreement.

API usage terms

Users may access their data relating to PayV Affiliate Network via the Application Program Interface (API). Any use of the API, including use of the API through a third-party product/service that accesses PayV Affiliate Network, is bound by these Terms and, in addition, by the following specific terms:

• the User expressly understands and agrees that the Owner bears no responsibility and shall not be held liable for any damages or losses resulting from the User’s use of the API or their use of any third-party products/services that access data through the API.

Liability and indemnification

EU Users

Indemnification

The User agrees to indemnify and hold the Owner and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners and employees harmless from and against any claim or demand ⁠— including but not limited to lawyer's fees and costs ⁠— made by any third party due to or in relation with any culpable use of or connection to the Service, violation of these Terms, infringement of any third-party rights or statutory provision by the User or its affiliates, officers, directors, agents, co-branders, partners and employees to the extent allowed by applicable law.

Limitation of liability

Unless otherwise explicitly stated and without prejudice to applicable statutory product liability provisions, Users shall have no right to claim damages against the Owner (or any natural or legal person acting on its behalf).

This does not apply to damages to life, health or physical integrity, damages resulting from the breach of an essential contractual obligation such as any obligation strictly necessary to achieve the purpose of the contract, and/or damages resulting from intent or gross negligence, as long as PayV Affiliate Network has been appropriately and correctly used by the User.

Unless damages have been caused by way of intent or gross negligence, or they affect life, health or physical integrity, the Owner shall only be liable to the extent of typical and foreseeable damages at the moment the contract was entered into.

US Users

Disclaimer of Warranties

PayV Affiliate Network is provided strictly on an “as is” and “as available” basis. Use of the Service is at Users’ own risk. To the maximum extent permitted by applicable law, the Owner expressly disclaims all conditions, representations, and warranties — whether express, implied, statutory or otherwise, including, but not limited to, any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third-party rights. No advice or information, whether oral or written, obtained by User from Owner or through the Service will create any warranty not expressly stated herein.

Without limiting the foregoing, the Owner, its subsidiaries, affiliates, licensors, officers, directors, agents, co-branders, partners, suppliers and employees do not warrant that the content is accurate, reliable or correct; that the Service will meet Users’ requirements; that the Service will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected; or that the Service is free of viruses or other harmful components. Any content downloaded or otherwise obtained through the use of the Service is downloaded at users own risk and users shall be solely responsible for any damage to Users’ computer system or mobile device or loss of data that results from such download or Users’ use of the Service.

The Owner does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Service or any hyperlinked website or service, and the Owner shall not be a party to or in any way monitor any transaction between Users and third-party providers of products or services.

The Service may become inaccessible or it may not function properly with Users’ web browser, mobile device, and/or operating system. The owner cannot be held liable for any perceived or actual damages arising from Service content, operation, or use of this Service.

Federal law, some states, and other jurisdictions, do not allow the exclusion and limitations of certain implied warranties. The above exclusions may not apply to Users. This Agreement gives Users specific legal rights, and Users may also have other rights which vary from state to state. The disclaimers and exclusions under this agreement shall not apply to the extent prohibited by applicable law.

Limitations of liability

To the maximum extent permitted by applicable law, in no event shall the Owner, and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees be liable for

• any indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use, the Service; and
• any damage, loss or injury resulting from hacking, tampering or other unauthorized access or use of the Service or User account or the information contained therein;
• any errors, mistakes, or inaccuracies of content;
• personal injury or property damage, of any nature whatsoever, resulting from User access to or use of the Service;
• any unauthorized access to or use of the Owner’s secure servers and/or any and all personal information stored therein;
• any interruption or cessation of transmission to or from the Service;
• any bugs, viruses, trojan horses, or the like that may be transmitted to or through the Service;
• any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the Service; and/or
• the defamatory, offensive, or illegal conduct of any User or third party. In no event shall the Owner, and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees be liable for any claims, proceedings, liabilities, obligations, damages, losses or costs in an amount exceeding the amount paid by User to the Owner hereunder in the preceding 12 months, or the period of duration of this agreement between the Owner and User, whichever is shorter.

This limitation of liability section shall apply to the fullest extent permitted by law in the applicable jurisdiction whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if a party has been advised of the possibility of such damage.

Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, therefore the above limitations or exclusions may not apply to User. The terms give User specific legal rights, and User may also have other rights which vary from jurisdiction to jurisdiction. The disclaimers, exclusions, and limitations of liability under the terms shall not apply to the extent prohibited by applicable law.

Indemnification

The User agrees to defend, indemnify and hold the Owner and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees harmless from and against any and all claims or demands, damages, obligations, losses, liabilities, costs or debt, and expenses, including, but not limited to, legal fees and expenses, arising from

• User’s use of and access to the Service, including any data or content transmitted or received by User;
• User’s violation of these terms, including, but not limited to, User’s breach of any of the representations and warranties set forth in these terms;
• User’s violation of any third-party rights, including, but not limited to, any right of privacy or intellectual property rights;
• User’s violation of any statutory law, rule, or regulation;
• any content that is submitted from User’s account, including third party access with User’s unique username, password or other security measure, if applicable, including, but not limited to, misleading, false, or inaccurate information;
• User’s willful misconduct; or
• statutory provision by User or its affiliates, officers, directors, agents, co-branders, partners, suppliers and employees to the extent allowed by applicable law.

Common provisions

No Waiver

The Owner’s failure to assert any right or provision under these Terms shall not constitute a waiver of any such right or provision. No waiver shall be considered a further or continuing waiver of such term or any other term.

Service interruption

To ensure the best possible service level, the Owner reserves the right to interrupt the Service for maintenance, system updates or any other changes, informing the Users appropriately.

Within the limits of law, the Owner may also decide to suspend or terminate the Service altogether. If the Service is terminated, the Owner will cooperate with Users to enable them to withdraw Personal Data or information in accordance with applicable law.

Additionally, the Service might not be available due to reasons outside the Owner’s reasonable control, such as “force majeure” (eg. labor actions, infrastructural breakdowns or blackouts etc).

Service reselling

Users may not reproduce, duplicate, copy, sell, resell or exploit any portion of PayV Affiliate Network and of its Service without the Owner’s express prior written permission, granted either directly or through a legitimate reselling program.

Privacy policy

To learn more about the use of their Personal Data, Users may refer to the privacy policy of PayV Affiliate Network.

Intellectual property rights

Without prejudice to any more specific provision of these Terms, any intellectual property rights, such as copyrights, trademark rights, patent rights and design rights related to PayV Affiliate Network are the exclusive property of the Owner or its licensors and are subject to the protection granted by applicable laws or international treaties relating to intellectual property.

All trademarks — nominal or figurative — and all other marks, trade names, service marks, word marks, illustrations, images, or logos appearing in connection with PayV Affiliate Network are, and remain, the exclusive property of the Owner or its licensors and are subject to the protection granted by applicable laws or international treaties related to intellectual property.

Changes to these Terms

The Owner reserves the right to amend or otherwise modify these Terms at any time. In such cases, the Owner will appropriately inform the User of these changes.

Such changes will only affect the relationship with the User for the future.

The continued use of the Service will signify the User’s acceptance of the revised Terms. If Users do not wish to be bound by the changes, they must stop using the Service. Failure to accept the revised Terms, may entitle either party to terminate the Agreement.

The applicable previous version will govern the relationship prior to the User's acceptance. The User can obtain any previous version from the Owner.

If required by applicable law, the Owner will specify the date by which the modified Terms will enter into force.

Assignment of contract

The Owner reserves the right to transfer, assign, dispose of by novation, or subcontract any or all rights or obligations under these Terms, taking the User’s legitimate interests into account. Provisions regarding changes of these Terms will apply accordingly.

Users may not assign or transfer their rights or obligations under these Terms in any way, without the written permission of the Owner.

Contacts

All communications relating to the use of PayV Affiliate Network must be sent using the contact information stated in this document.

Severability

Should any provision of these Terms be deemed or become invalid or unenforceable under applicable law, the invalidity or unenforceability of such provision shall not affect the validity of the remaining provisions, which shall remain in full force and effect.

Governing law

These Terms are governed by the law of the place where the Owner is based, as disclosed in the relevant section of this document, without regard to conflict of laws principles.

Venue of jurisdiction

The exclusive competence to decide on any controversy resulting from or connected to these Terms lies with the courts of the place where the Owner is based, as displayed in the relevant section of this document.

Exception for European Consumers

The above does not apply to any Users that qualify as European Consumers, nor to Consumers based in Switzerland, Norway or Iceland.