2. The Service
2.1. In order to become a Client, you must first accurately submit an application for Propush.me account at our website and be in compliance with present Agreement (in case of using Self-service) or register as a Client by contacting Propush.me directly (in case you wish to use dedicated campaign Management service) for acceptance, and not use any aliases or other means to mask your true identity or contact information. After we review your application, we will notify you of your acceptance or rejection as Propush.me' Client. We may accept or reject your account registration at any time at our sole discretion for any reason. Propush.me reserves the right to add, edit, remove or reclaim any account details (including your submissions) with or without your consent if deemed appropriate at Propush.me sole discretion.
2.3. In order to be eligible to become a Propush.me's Client, all domain zones shall meet the following criteria:
- Be content-based, not simply a list of links or advertisements, nor can the site/link be centered around making money off of our advertisers;
- Be fully functional at all levels; no "under construction" sites/links or sections; and
- Shall comply with the applicable legislation.
For the first two criteria described above, exceptions may apply at the sole discretion of Propush.me, in the sense that some domain zones without content and/or sites/links or sections "under construction" may be accepted/verified by Propush.me only at its own will and when it considers it appropriate.
2.4. The Client must provide Propush.me with all domain zones that wished to be used during the provision of the services before the placement of any ad tech in domain zone(s) of the Client, for verification purposes. At all times, the Client must notify Propush.me for any new domain zone(s) before proceeding with any ad tech placement.
2.4.a At all times Client must notify Propush.me for any actual and/or intentional change/ modification/ alteration/ distortion/ termination /elimination of any and/or all already verified domain zone(s) and for any action that may/will remove access of Propush.me to the subscribers of the Client and/or that may/will provide false/wrong/corrupted information/number of subscribers and/or render the service under this Agreement impossible.
When the services under this Agreement are provided to the Client on a CPS pricing model, Client shall notify Propush.me at least three (3) months before such actual and/or intentional change/ modification/ alteration/ distortion/ termination/ elimination and action takes place.
The Client agrees that during the three (3) months' notice period, meaning from the date of notification until the day in which the said change/ modification/ alteration/ distortion/ termination/ elimination and action will actually take place, this agreement will still be valid, both Parties will be bound by its terms and the services will be provided accordingly.
When the services under this Agreement are provided to the Client on any other pricing model rather than CPS, Client shall notify Propush.me at least forty eight (48) hours before such actual and/or intentional change/modification /alteration /distortion /termination /elimination and action takes place.
2.4.b If, the services under this Agreement are provided to the Client on a CPS pricing model and the Client proceeds with the said change/ modification/ alteration/ distortion/ termination/ elimination and action without any prior notification and/or fails to comply with the three (3) months' notice period and/or notifies timely Propush.me but proceeds with the said changes during the three (3) months' notice period and/or at any time before the day in which the said change/ modification/ alteration/ distortion/ termination/ elimination and action should actually take place, Client agrees that Propush.me may at any time and at its own discretion deactivate the concerned and/or any other domain zone(s) of the Client and/or stop the provision of any service under this Agreement in relation to the concerned and/or any other domain zone(s) of the Client and withhold all and/or any available/remaining account balance of the Client. If there is no available/remaining account balance of the Client, Propush.me is entitled to and the Client agrees to pay/refund Propush.me the total amount paid by Propush.me to Client throughout the whole duration of the agreement and the provision of Propush.me services to the Client and/or at least the total amount paid by Propush.me to Client the last three (3) months before the said change/ modification/ alteration/ distortion/ termination/ elimination and action took place.
2.4.c. In any case and at any time the Client fails to inform Propush.me as required and/or Propush.me identifies its ad techs in a domain zone whose domain name has not been notified by the Client and verified by Propush.me, then Client understands and agrees that Propush.me has no responsibility whatsoever and/or no responsibility in relation to the domain zone and/or for the failure of the Client to notify, nor any kind of control over the domain zone and that Propush.me cannot and will not review/verify/approve such domain zone and/or confirm whether such domain zone meets the conditions of this Agreement. The Client accepts all responsibility raised or that may be raised at any time under clause 2.4. and confirms that he/it is the sole responsible person/legal person to ensure that such domain zone meets the requirements and is in accordance with the terms of this Agreement.
2.5. Client understands and accepts that Propush.me does not allow and prohibits the multiple account opening for each Client. Client agrees not to fill in an account application and/or register as a Client more than one time and/or hold more than one account with Propush.me for any reason and/or in order to benefit in any way from any marketing promotional program/project and/or offer available for the Client by Propush.me.
In any case where Propush.me identifies multiple account applications/registrations/openings/holdings of a Client through the use of any technology or through other means available for and/or acceptable by Propush.me only, Propush.me may forbid access to and/or suspend and/or ban and/or close any such multi accounts and/or the main account of the Client and/or manage all accounts in such way and/or take any other actions and measures deemed appropriate in the sole discretion of Propush.me , regardless of the reason/purpose that such multi account applications/registrations/openings/holdings were created.
If the only and/or any account of the Client is forbidden access to and/or is suspended and/or banned and/or closed for any reason, including but not limited for reasons related to prohibited/non accepted activity, the Client understands and agrees that is not allowed and will not fill in another account application and/or re-register and/or create and/or hold any other new account for the same reason and/or for any other prohibited/non accepted activity.
2.6. Propush.me may allow multi account applications/registrations/openings/holdings for a Client if this is specifically and clearly predefined as accepted/permitted in any specific marketing promotional program/project and/or offer and/or in exceptional cases, at any time and for any reason Propush.me considers acceptable and solely at its own discretion, if the Client submits such request by sending an email to firstname.lastname@example.org.
2.7. The content of the Client's domain zone(s) or its affiliated domain zone(s) can not include any material that infringes the rights of any third party or is in violation of any law, as bound by the law or determined by us in our sole discretion, including but not limited to the following:
- pornography, adult or mature content;
- illegal activity and/or promotion of illegal activity (i.e. illegal online gambling, how to build a bomb, counterfeiting money, hacking, phreaking, etc);
- hate-mongering (i.e. racial, political, ethnic, religious, gender-based, sexuality-based or personal, etc.) or otherwise objectionable content;
- violence (including gratuitous violence), profanity, obscene or vulgar language and abusive content or content which endorses or threatens physical harm;
- illegal substance and/or promotion of illegal substance;
- drugs or any related paraphernalia;
- adware, malware, viruses, phishing offers;
- creatives should not contain the words like "your software is outdated", "your device is infected", "viruses found" etc. No misleading ads, providing false info to the user;
- purchase of weapons/military equipment;
- false or deceptive investment advice, and others;
- Intellectual property rights (branch name, trademarks, logo, etc);
- Investment, money-making opportunities or advice not permitted under law;
- Material that defames, abuses, or threatens physical harm to others;
- Software Pirating (e.g., Warez, P2P, Bit torrent, Hotline, etc.);
- Hacking or Phreaking;
- Any illegal activity whatsoever;
- Any spoofing, redirecting, or trafficking from adult-related domain zones/websites/landing pages/links in an effort to gain traffic; or
- Any other inappropriate activity as determined by us in our sole discretion.
2.8. Propush.me has the following Non Acceptable Business rules for Clients:
- Where there are known or perceived links to terrorist organisations, military, arms and/or ammunition manufacture or sales;
- Where there is knowledge or suspicion of money laundering or terrorist financing;
- Where it is known or there are reasonable grounds for suspicion that a criminal offence has taken place;
- Where the client or any of the clients associated parties are subject to any sanctions measures;
- Where the client is undertaking an activity or trade within, from or into a country where that activity is subject to embargo and/or trade control restrictions;
- Producers/Clients of racist/pornographic/pressure group material or extreme political propaganda;
- Regulated entities that do not have the appropriate licensing;
- Extreme political and/or charitable organisations.
2.9. Client acknowledges and accepts that Propush.me may, without any previous notice and at its own discretion, use any means and/or apply any preferences, at any level it solely considers appropriate, in order to increase the performance in the domain zone(s) of the Client, such as ads frequency, except in cases where such means and/or preferences and/or levels are previously specified/predefined by the Client. Propush.me may at any time at its own discretion and/or at the request of the client change and/or redefine any already applied means and/or preferences and/or levels for any site/link.
2.10. Client must not use any tool and/or inventory and/or campaign preferences available for him through Propush.me for and/or in any way that suggests and/or results to any misleading and/or fraudulent activity. Client understands and agrees that such tools and/or inventories and/or campaign preferences are only provided to the Client in good faith and that Propush.me is not responsible and must not bear any responsibility whatsoever in relation to their use at any time.
2.11. There are the following methods of using the Service available – Self-Service or Management service.
Self-Service assumes that access to the Service shall be provided through Clients' personal account. Propush.me support team may provide assistance upon your request, however, all the actions or modifications made through your account shall be deemed made solely by you.
Management service assumes that assistance of using the Services and Program shall be provided by Propush.me officers.
2.12. All support and/or assistance and/or service provided to Client by Propush.me and/or Propush.me officers and/or support team and/or any other Propush.me personnel and/or employee is intended to be and must be considered by the Client as mere information. No information and/or support and/or assistance and/or service provided during such Self-Service or Management Services and/or during the Provision of the Services themselves shall be construed as containing, advice or a recommendation or an offer of or solicitation for any service provided, regardless of the type, kind, form, mean, way in which it is provided. In addition, any past performance described is not a guarantee of or prediction of future performance. Propush.me does not take into account your personal objectives or financial situation. Propush.me makes no representation and assumes no liability as to the accuracy or completeness of the information provided, nor as to any loss arising from any action based on an assumed recommendation, forecast or other information supplied by any Propush.me officers and/or support team and/or any other Propush.me personnel and/or employee. All expressions of opinion are subject to change without notice. Any opinions made may be personal to the individual itself and may not reflect the opinions of Propush.me. No communication whatsoever must be reproduced or further distributed without the prior permission of Propush.me.
2.13. In order for any communication between the Client and Propush.me and/or Propush.me officers and/or support team and/or any other Propush.me personnel and/or employee to be deemed as information provided by Propush.me as part of the Provision of Propush.me Services to the Client, whether conducted during the Provision of Services themselves and/or during the use of Self Service or Management Service, must be contacted through the authorised channels of Propush.me, namely through the support chat within SSP and through an email registered with Propush.me. Any information provided through any other means of communication must not in any way be considered as information provided by Propush.me officers and/or support team and/or any other Propush.me personnel and/or employee as part of the Provision of Propush.me Services to the Client and/or during the use of Self Service or Management Service. Propush.me and Client both consider all such other means of communication as unauthorised channels of communication and agree that Propush.me shall bear no responsibility whatsoever for any information provided through them.
2.14. You may not transfer your account to anyone without explicit written permission of Propush.me and you may not use anyone else's account or password at any time without the express permission and consent of the holder of that account. Propush.me cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.