Legal Notice –
Version on Bulgarian language: Terms & conditions BG
This website and services provided herein is owned, managed and operated by Adlane LTD, a limited liability company, registered under the laws of Bulgaria, under registration number 204945250 as a limited liability company having its registered office at Burgas province, Burgas, 8000, 10 Apostol Karamitiev Str., floor 5, office 13.
Adlane is a general-purpose advertising network that works with various types of advertisers and publishers around the world. Adlane is not an advertising agency, but an online service connecting advertisers and publishers.
Your use of this website is subject to our Terms of Service set out herein, and in order to use it you have to accept the Terms of Service.
The information contained in this website is provided on “as is” basis and for general information purposes only. The information is provided by Adlane and while we endeavor to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk.
Through this website you are able to link to other websites which are not under the control of Adlane. We have no control over the nature, content and availability of those sites. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them.
Every effort is made to keep the website up and running smoothly. However, Adlane takes no responsibility for, and will not be liable for, the website being temporarily unavailable due to technical issues beyond our control.
Before making any decision or taking any action that may affect your financial position or status, consult with a qualified professional.
Terms of Service
PLEASE READ THROUGH CAREFULLY, AS BY CHECKING THE BOX “I ACCEPT” AS APPLICABLE, OR BY CONTINUING TO PARTICIPATE IN THE SERVICE FOLLOWING OUR PUBLICATION OF THE REVISED VERSION OF THIS TERMS OF SERVICE ON OUR WEBSITE, YOU (A) CONFIRM THAT YOU ARE AWARE AND COMPLY HEREWITH AND AGREE TO BE BOUND BY THIS TERMS OF SERVICE; (B) ACKNOWLEDGE AND AGREE THAT YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF USING THE SERVICE AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE, OR STATEMENT OTHER THAN AS EXPRESSLY SET FORTH HEREIN.
Adlane LTD (also mentioned here as “Adlane”, “We”, “Us” and so on) is an advertising network that provides online service through the Platform, connecting Publishers to advertisers globally for monetization of the digital advertising inventory of such Publishers (the “Service”). The Service is provided to the Publisher through Publisher’s account in www.adlane.info website.
“Publisher” (also mentioned here as “You”, “Yours”, etc.) a user of the Platform being the owner or operator of the website(s), that seeks a Service to attract advertisers to such website(s) (the, “Publisher’s Website”, “Your website”, etc.).
“Ad” – means graphical, interactive, rich media and video, or other online advertisements, including, without limitation, banners, buttons, towers, skyscrapers, pop-ups, pop-unders and video advertisements or similar generated by advertiser’s web-servers in response to a query from Adlane.
“Account” – means the Publisher’s account within the Platform.
“Content” – means textual, visual, or aural content that is encountered as part of the Publisher’s Websites. It may include documents, data, applications, e-services, images, audio and video files, personal web pages, archived e-mail messages, and etc.
“Platform” – means a software complex, accessible via Accounts at www.adlane.info and designed for the Publishers to provide the advertisers with digital advertising inventory for remuneration.
2. The Service
2.1. In order to become a Publisher, you must first accurately submit an application for Adlane account at our website and be in compliance with present Agreement and not use any aliases or other means to mask your true identity or contact information. We may accept or reject your account registration at any time at our sole discretion for any reason I case of violation of these Term of Service or the policies of Adlane.
2.3. In order to be eligible to become a Publisher, all websites must meet the following criteria:
- Be content-based, not simply a list of links or advertisements, nor can the site be centered around making money off of our advertisers;
- Be fully functional at all levels; no “under construction” sites or sections; and
- Shall comply with the applicable legislation.
2.4. The content of the Publisher’s website(s) or its affiliated website(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:
- Extremist, racial, ethnic, political, hate-mongering or otherwise objectionable content;
- Gratuitous violence or profanity;
- Material that defames, abuses, or threatens physical harm to others;
- Fraud, scam, malware;
- Any other inappropriate or/and illegal activity whatsoever.
2.5. Adlane has the following Non-Acceptable Business rules for Publishers:
- Where there are known or perceived links to terrorist or extremist organizations, 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 client’s associated parties are subject to any sanction’s 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/publishers of racist/hate speech or extremism propaganda;
- Regulated entities that do not have the appropriate licensing.
2.6. Publisher understands and accepts that Adlane does not allow and prohibits the multiple account opening for each Publisher. Publisher agrees not to register as a Publisher more than one time and/or hold more than one account with Adlane for any reason and/or in order to benefit in any way from any marketing promotional program/project and/or offer available for the Publisher by Adlane.
2.7. Adlane may allow multi account applications/registrations/openings/holdings for a Publisher 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 Adlane considers acceptable and solely at its own discretion, if the Publisher submits such request by sending an email to firstname.lastname@example.org .
2.8. All the Services are provided by the Platform as a self-service access. Self-Service assumes that access to the Service shall be provided through Publishers’ personal account. Adlane Customer 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.
2.9. You may not transfer your account to anyone without explicit written permission of Adlane 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. Adlane cannot and will not be held liable for any loss or damage arising from your failure to comply with these obligations.
3. Placement of Ads
3.1.Ad slots shall be placed only within the domain, they were deemed for.
3.2. Ad display slots under any conditions cannot be hidden; no settings aiming the concealment of the Ads are allowed. Placement of more then 3 (three) Ad banners within a single web URL is forbidden.
3.3. Publisher shall NOT place any Ads of Adlane advertisers attracted through the Service on alternative publishers or websites without written consent and approval of Adlane. Publisher will not place advertisement on perversive pornographic/offensive, and/or warez, and/or Spyware or malicious code of any sort and/or alternatively questionable areas. In the case whereby Ads are placed in such sites/directories, Adlane reserves the right to withhold payment for the entire campaign and/or submit an immediate legal action against the Publisher and/or set a monetary fine in the amount based on the damages caused to Adlane.
3.2. Adlane does not check or control the activities or Contents at your website, but all the Services may be rejected and we reserve the right to delete your account, withhold and freeze all fees and remunerations if you engage in fraudulent or illegal activity.
4. Reporting systems
4.1. Reporting on the Platform shall be carried out on a monthly basis (the “Reporting Period”) and includes the number of displays, clicks, estimated revenue etc. Reporting settings are self- defined by the Publisher within the settings of their Account.
4.2. Publisher may track online reports within the Platform reporting system in Publishers’ Account, which are only estimated numbers. In all cases, we will use commercially reasonable methods and practices to direct and measure traffic. For avoidance of doubt,whichever reporting system is applied by the Publisher internally, for the purposes of billing and general delivery the Adlane Platform reporting system (stats) will be prevailing in any case.
5. Publisher Remuneration
5.1. Remuneration for the Publisher depends on the amount and scope of advertising campaigns carried out on Publishers’ websites during the Reporting Period based on Ads’ placements generated by the Platform reporting system (stats), available in your personal account (the “Remuneration”).
As a rule, we apply weekly billing period (NET2) for the Publishers’ Remuneration payments.
5.2. In the event that Publisher believes that there is a discrepancy in Platform reporting system, Publisher must provide Adlane with a reasoned report of such discrepancy within three (3) calendar days from receipt of reports by the Platform. Otherwise, Adlane shall not be liable for such discrepancy, and will calculate the Publishers’ Remuneration on basis of the Platform reporting system. If the parties are unable to reach an agreement regarding the discrepancy, then Adlane stats and reports shall prevail.
5.3. Adlane is entitled to make adjustments in Publisher’s Remuneration in one of the following cases:
- To pay promotions and bonuses
- Due to technical reasons
- Due to Publisher’s fraudulent activity
- On the basis of additional agreements with You
- Due to advertiser’s complaints or refunds
6.1. Adlane offers the following payouts’ terms to the Publishers in order to provide convenient conditions for mutually beneficial cooperation:
- for newly registered Publishers the very first payout may be proceeded not earlier 10 (ten) calendar days from the date the first campaign starts;
- the second and the following payouts to be proceeded on a weekly basis with a hold period of 2 (two) days (e.g. if payment request has been filed through the Publisher Account on Sunday, payment day will be Tuesday next week), e.i. NET 2 basis. Payment terms variations available in Your personal account.
- minimum payment amount – 50 (fifty) USD;
- if the balance is less the limits above, Adlane will add the amount to the next payment until account balance will reach specified minimum. The specified minimum amounts can be adjusted with agreement of all parties hereto, however such payments may be subject to banking and administration fees.
- if payout is accomplished with wire transfer the bank commissions due are payable in full by the Publisher.
- All the taxes and fees payable by the Publisher due to the Remuneration amounts received remain their sole responsibility. Adlane does not carry out any tax or similar withholdings from the Remuneration of the Publishers.
6.2. Adlane acts as a third party for advertisers, therefore Publisher understands and agrees that payment of Publisher’s Remuneration is dependent upon payments from advertisers to Adlane that it has received without any restrictions. You hereby release Adlane from any claim for Publisher’s Remuneration if Adlane did not receive funds from the advertiser.
6.3. Adlane provides the ability to perform payments by using payment service providers. Publisher shall have the right to select any payment service provider available. You agree that Adlane is not responsible for any actions made by the payment service provider.
6.4. Publisher responsible to supply valid payment details in personal account of our Service, if details are wrong or if the Publisher change its payment details, it is the Publisher’s responsibility to notify by mail at least 3 (three) days before payment due date. Adlane will not be responsible for Remuneration payout failure in case the Publisher failed to provide its proper payment details in time as suggested herein. Publisher will bear payments fees if required. In any event, all payments will be made at the payment details specified in your personal account in our Service.
6.5. All the payouts are processed manually. We may, in our sole discretion, refuse to process a payout (and may place a payout on hold) on any part of your Account for any reason, block your account and terminate this Agreement, including if we have a reasonable suspicion that you have breached any clause of this Agreement. We also reserve the right to set-off any amount you owe us, including for breaches of this Agreement. We assume no responsibility for paying any taxes on payments made to you, and you acknowledge and agree that it is your complete and sole responsibility to pay for all taxes as a consequence of your use of the Platform.
6.6. Hereby you represent and warrant to provide Adlane with all the documentation or its equivalents, needed for identification of the parties, ascertainment of the legal fact and fulfillment of its obligations under this Agreement, within 5 (five) business days from the date of request. In certain cases, we may withhold all payouts until we will receive relevant documentation from you.
6.7. You on your own shall ensure the ability to receive payouts from Adlane to specified bank account or at relevant payment provider. If the receipt of Remuneration is delayed or failed because of your non-compliance with this clause 6 (including if the failure or delay is caused by a third-party payment service provider you are using), Adlane shall not be responsible for violation of terms of payout.
6.8. If you believe that any fault in transaction has taken place, you agree to notify us immediately, and We will make all possible efforts to eliminate delays or errors in payment processing. Unless your claim been submitted within 30 (thirty) days after the charge, you will be deemed to have waived, to the fullest extent permitted by law, all claims against Adlane related to the transaction. If you experience a technical failure or interruption of Services that causes your funding transaction to fail, you may request that your transaction be completed at a later time.
6.9. By entering into this Agreement, you agree to receive Publisher’s Remuneration from Adlane.
6.10. Any Publisher residing in the European Union who has provided a VAT number expressly warrants that such VAT number is, in its own country, valid for the issuance of VAT-exempt invoices to Adlane. The Publisher expressly accepts to be solely liable for any error, direct or indirect loss or damage arising from the inaccuracy or non-compliance of such data or the breach of any of the aforementioned warranties and, accordingly, the Publisher will hold Adlane harmless from any of the direct or indirect loss or damages. Publisher hereby confirms that another VAT invoice won’t be issued.
6.11. Parties hereby agree to notify each other if they:
- change their VAT registration number;
- cease to be VAT registered;
- sell their business, or part of their business;
- to notify each other about any changes in their payment details
6.12. In case there is any claim, administrative proceeding from any authority, dispute or conflict, in any way due to the inaccuracy or non-compliance of such data provided by the Publisher, Adlane is expressly authorized to retain any payments due to the Publisher until such incident has been resolved.
7. Representations, Warranties and Covenants
7.1. You represent, warrant and covenant that:
- your website is in compliance with all applicable laws and terms and conditions of present Agreement, and does not contain or promote, nor links to another website that contains, libelous, defamatory, abusive, violent, prejudicial, obscene, infringing, sexually explicit or illegal content, including copyright ownership infringements and unlawful use of intellectual property;
- you agree not to promote via website or link to websites containing any pornographic, racial, ethnic, political, hate-mongering, or otherwise objectionable content;
- you agree not to engage in any illegal activity, in accordance with applicable law, whatsoever, is not allowed;
- you own or have legal rights to use and distribute all content, copyrighted material, trademarked materials, products, and services displayed on your website; you agree not to use deceit when marketing advertiser’s offers or presenting these offers to consumers;
- you have the right, power, and authority to enter into this Agreement and grant the rights specified herein;
- you will not attempt in any way to alter, modify, eliminate, conceal, or otherwise render inoperable or ineffective the website tags, source codes, links, pixels, modules or other data provided by or obtained from Adlane that allows Adlane to measure ad performance and provide its service (“Site Data”);
- you will immediately remove and discontinue the use of any Site Data, if instructed to do so by Adlane and/or if this Agreement terminates;
- you acknowledge that Adlane does not represent, warrant, or make any specific or implied promises as to the successful use of Service;
- you agree to display the creative exactly as it appears on the Platform and will not alter any creative that has been submitted to the Platform;
- you agree to display the creative exactly as it appears on the Service and will not alter any creative that has been placed through the Service;
- in case you are notified, that fraudulent activities may be occurring on your website, and you do not take any actions to stop the fraudulent activities, then you are responsible for all associated costs and legal fees resulting in these fraudulent activities;
- you will not take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large loan on our technology infrastructure or otherwise make excessive demands on it;
- you may not disable, circumvent or otherwise interfere with security related features of our Service or features that prevent or restrict use or copying of any part of our Service, or which enforce limitations on the use of our Service;
- hereby you irrevocably authorize Adlane to transfer a request received by Adlane to provide information for the payment directly to your financial institution available;
- your website does not contain any sexual or erotic material that depicts persons under the age of eighteen (18) or in a manner that suggests that they are under the age of eighteen (18);
- if any errors or undesirable results occur due to no fault of Adlane, Adlane shall not be responsible for losses and you may not be compensated;
- you undertake to ensure that all your servers support the traffic directed to ad campaign through our Service. Adlane takes no responsibility for all the consequences in the event your servers cannot support the traffic directed to your website. You shall test your website to insure its correct appearance in different web browsers, devices or systems and optimize it if necessary;
- you do not upload, download, display, perform, transmit, or otherwise distribute any object in violation of any third party’s copyrights, trademarks, or other intellectual property rights.
- you abide by the laws regarding copyright ownership and use of intellectual property and you shall be solely responsible for any violations of any relevant laws and for any infringements of third-party rights caused by you.
7.2. You acknowledge that every case of violation of the terms of this Agreement will lead to material and business standing losses of Adlane in the amount of at least US $ 1,000 (one thousand). Therefore, we reserve the right to recover damages caused in the specified amount, or the amount of actually incurred losses, in the event of your breach of the Agreement. Such losses may be deducted from the balance of your Publisher Account in the Service.
8. Fraud Prevention
8.1. YOU MAY NOT CHEAT, DEFRAUD OR MISLEAD US, OR ATTEMPT TO CHEAT, DEFRAUD OR MISLEAD US, IN ANY MANNER.
8.2. You are expressly prohibited from using any means, devices or arrangements to commit fraud, violate any applicable law, interfere with other affiliates or falsify information in connection with the Services or generating of remuneration or exceed your permitted access to Adlane Service. You are forbidden from using any preference/method resulting to the re-direction of the user to your landing page when such user has at least once previously chosen through a certain action to leave your page. These prohibited activities include but not limited to: framing an ad-banner’s click-through destination, invisible iframe, auto-spawning of browsers, running “spiders”/”bots”, and automatic redirecting of users or any other technique of generating automatic or fraudulent click-through and/or impressions. Ads may not be placed on an automatically reloaded page. In any case Adlane shall make all determinations about fraudulent activity in its sole discretion.
8.2. If Publisher is suspected in any fraudulent activity Adlane shall have the right to ban Your Publisher Account, to withhold account balance and to take all necessary legal actions to restore the damage caused by this violation. All advertising campaigns carried out on Publishers’ websites with fraudulent activities are not subject for payment.
9. Limitation of Liability; Disclaimer of Warranty
IN NO EVENT SHALL ADLANE BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM YOUR USE OF THE SERVICE, OPERATION OF A PROGRAM, OR YOUR DISPLAY OF ANY PROGRAM CREATIVE ON YOUR WEBSITE, INCLUDING BUT NOT LIMITED TO BROKEN IMAGES, SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES, EVEN IF ADLANE LTD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ADLANE IS ONLY THE TOOL FOR ADS CAMPAIGNS CONNECTING ADVERTISERS AND PUBLISHERS THROUGH ITS SERVICE. THE INFORMATION, CONTENT AND OTHER ADLANE SERVICES ARE PROVIDED ON AN “AS IS” BASIS WITH NO WARRANTY. YOU USE THE SERVICE AND RUN PROGRAMS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY LAW, ADLANE DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE OPERATION OF THE SERVICE, THE INFORMATION, AND CONTENT INCLUDED ON THE SERVICE AND PROVIDED BY ADLANE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ADLANE DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ON THIS SERVICE OR WEBSITE OR PROVIDED BY ADLANE IS ACCURATE, COMPLETE OR CURRENT.
10.1. You shall indemnify, defend and hold Adlane harmless from and against any and all claims, allegations, liabilities, costs and expenses (including reasonable attorneys´ fees) which may be incurred by or to the third parties arising out of your: (a) improper use of the Service; (b) improper operation of the Platform; or (c) breach or violation of any clause of this Agreement or other mutual agreement of its parties.
10.2. Publisher shall hold Adlane harmless and indemnify it from any claims or liability related to any unpaid Remuneration in case the failure to pay was out of responsibility of Adlane.
10.3. Publisher shall indemnify Adlane against all losses suffered or incurred by the Propeller arising out of or in connection with any payment made to the Publisher.
11. Assignment, Governing Law and Jurisdiction
11.1. Adlane may assign this Agreement to a subsidiary or business successor. You may not assign this Agreement without the prior written consent of this Agreement and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the law of Bulgaria.
11.2. Each party irrevocably agrees, for the sole benefit of Adlane that, subject as provided below, the courts of Bulgaria shall have exclusive jurisdiction over any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with this Agreement or its subject matter or formation. Nothing in this clause shall limit the right of Adlane to take proceedings against Publisher in any other court of competent jurisdiction, nor shall the taking of proceedings in any one or more jurisdictions preclude the taking of proceedings in any other jurisdictions, whether concurrently or not, to the extent permitted by the law of such other jurisdiction.
If any provision of this Agreement is held to be invalid, illegal or unenforceable for any reason, such invalidity, illegality or unenforceability shall not affect any other provisions of this Agreement, and this Agreement shall be construed as if such invalid, illegal or unenforceable provision had not been contained herein.
13. Intellectual Property Rights
13.1. Hereby we grant you a non-exclusive, non-transferable, revocable right to use Adlane Service and to access our Platform only in accordance with the terms and conditions of this Agreement.
13.2. You may not alter, modify, manipulate or create derivative works of Adlane or any our graphics, creative, copy or other materials owned by, or licensed to Adlane in any way. We may revoke your license anytime by giving you written notice. Except as expressly stated herein, nothing in this Agreement is intended to grant you any rights to any of Adlane’s trademarks, service marks, copyrights, patents or trade secrets. You agree that we may use any suggestion, comment or recommendation you choose to provide to Adlane without compensation. All rights not expressly granted in this Agreement are reserved by Adlane.
13.4. ALL THE PARTIES HEREBY AGREE THAT ADLANE DOES NOT HAVE ANY AUTHORITY OR ABILITY TO CONTROL CONTENT AT PUBLISHER’S WEBSITE(S) AND FOR THIS REASON, WE CANNOT BEAR ANY RESPONSIBILITY REGARDING BREACHING OF ANY THIRD PARTY’S INTELLECTUAL PROPERTY RIGHTS OR OTHER RIGHTS.
This Agreement shall commence upon your acceptance and remain in effect until terminated. This Agreement may be terminated by either Party upon one (1) business days´ notice. This Agreement shall terminate immediately upon the dissolution or insolvency of either Party, or the breach of this Agreement by you. Adlane reserves the right, in its sole and absolute discretion, to terminate a campaign and remove any advertisements at any time for any reason.
15. Force Majeure
Neither Party shall be liable to the other by reason of failure or delay in the performance of its obligations hereunder on account of Acts of God, fires, storms, war, governmental action, labor conditions, earthquakes, natural disasters, interruption in internet service or any other cause which is beyond the reasonable control of such Party. The party referring to such force majeure circumstances shall notify the other party on arising within 3 (three) working days from the date of its occurrence with the relevant evidence.
16.1. Under the terms and conditions hereof the “Confidential Information” will include any information, whether provided in writing, orally, visually, electronically or by other means, related to the Services and/or business of a party and is treated as confidential or secret by the party, including but not limited to (i) all information marked as “Confidential,” “Proprietary,” or similar legend by the disclosing party when given to the receiving party; and (ii) information and data provided by the Discloser, which under the circumstances surrounding the disclosure should be reasonably deemed confidential or proprietary.
16.2. Each Party (a “Receiving Party“) understands that the other Party (the “Disclosing Party“) may disclose information of a confidential nature including, without limitation, product information, data, pricing, financial information, software, specifications, research and development and proprietary algorithms, stats and reports, personal data or other materials that is disclosed in a manner in which the Disclosing Party reasonably communicated, or the Receiving Party should reasonably have understood under the circumstances that the disclosure should be treated as confidential, whether or not the specific designation “confidential” or any similar designation is used.
16.3. The Receiving Party agrees, for itself and its agents and employees, that it will not publish, disclose or otherwise divulge or use for its own purposes any Confidential Information of the Disclosing Party furnished to it by such Disclosing Party without the prior written approval of the Disclosing Party in each instance. Neither party will make any public announcement regarding the existence or content of the Agreement without the other’s prior written approval.
16.4. The Parties agree that if disclosure is made to their professional advisors, auditors or bankers this shall be done subject to each Party procuring each such recipient’s agreement to keep such information confidential to the same extent as if such recipient were Party to this agreement.
16.5. The foregoing obligations under this section 16 shall not extend to any information to the extent that the Receiving Party can demonstrate that such information (i) was at the time of disclosure or, to the extent that such information thereafter becomes through no fault of the Receiving Party, a part of the public domain by publication or otherwise; (ii) was already properly and lawfully in the Receiving Party’s possession at the time it was received by the Receiving Party free from any obligation of confidentiality, (iii) was or is lawfully received by the Receiving Party from a third Party who was under no obligation of confidentiality to the Disclosing Party with respect thereto, or (iv) is independently developed by the Receiving Party or its independent contractors who did not have access to the Disclosing Party’s Confidential Information or (vi) express written consent has been given prior to disclosure.
16.6. In the event that the Receiving Party is required to disclose Confidential Information in accordance with judicial or regulatory or governmental order or requirement, or any tax authority to which that Party is subject or submits, wherever situated, whether or not the requirement for information has the force of law the Receiving Party shall promptly notify the Disclosing Party in order to allow such Party to contest the order or requirement or seek confidential treatment for such information.
16.7. Upon termination or expiration of this Agreement, upon the request of a Disclosing Party, the Receiving Party agrees to return to the other all of such other Party’s Confidential Information, or to certify to the Disclosing Party in writing that all such material has been destroyed, however, destruction is only permitted after Disclosing Party’s prior approval.
17. Data Processing
17.1. Within the Platform Adlane collects, processes and stores the following data about the registered Publisher: name, contact email, residence address, skype/telegram ID, Account registration date, Service log, campaign stats, billing details, Remuneration amounts.
17.3. The Publisher is solely responsible for all activity in connection with access to the Platform through their Account and for the security of their computer systems, and in no event shall Adlane be liable for any loss or damages relating to any misuse.
17.4. The Publisher grants to Adlane a non-exclusive license to copy, reproduce, store, distribute, publish, export, adapt, process, edit and translate the its data to the extent reasonably required for the performance of the Adlane’s obligations and the exercise of the Adlane’s rights under this Agreement.
17.5. The Publisher shall only supply to Adlane, and the latter shall only process, in each case under or in relation to this Agreement, the personal data of data subjects falling within the categories and types specified herein; and Adlane shall only process the personal data for the purposes specified herein.
17.7. Notwithstanding any other provision of this Agreement, Adlane may process the personal data if and to the extent that Adlane is required to do so by applicable law. In such a case, Adane shall inform the Publisher of the legal requirement before processing, unless that law prohibits such information on important grounds of public interest.
17.8. Adlane may engage a third party to process personal data, ensuring that such sub-processors comply with the requirements of GDPR with respect to the issues of personal data protection and general data security. Adlane shall inform the Publisher within the reasonable term of any intended changes concerning the addition or replacement of any third-party processor, and if the Publisher objects to any such changes before their implementation, then the Publisher may terminate his/her Account. Adlane shall ensure that each third-party processor is subject to equivalent legal obligations as those imposed on Adlane by this Clause 17.
17.9. Data subjects under this agreement are the Publishers, who are individuals or the representatives of the Publishers accomplishing the access to the Platform and the Services on behalf of the Publishers.
17.10. Adlane shall establish the security in accordance with Article 28 Paragraph 3 Point c, and Article 32 GDPR in particular in conjunction with Article 5 Paragraph 1, and Paragraph 2 GDPR. The measures to be taken are measures of data security and measures that guarantee a protection level appropriate to the risk concerning confidentiality, integrity, availability and resilience of the systems. The state of the art, implementation costs, the nature, scope and purposes of processing as well as the probability of occurrence and the severity of the risk to the rights and freedoms of natural persons within the meaning of Article 32 Paragraph 1 GDPR must be taken into account.
18.1. This Agreement contains the sole and entire agreement and understanding between the Parties relating to the subject matter herein, and merges all prior discussions, whether through officers, directors, salespersons, employees or consultants.
18.2. Present Agreement is the principal document in legal relationship of the Parties, and shall be deemed an entire agreement of the Parties. In case of contradictions in using Service or Program, present Agreement shall prevail in any case.
18.3. Each Party is an independent contractor and not a partner, joint venture or employee of the other. All notices shall be sent to the addresses submitted by you when signing up for the Service by certified mail, fax, email or courier.
18.4. Adlane reserves the right to change any terms and conditions of this Agreement at any time unilaterally. The Publisher shall be informed of such amendments by relevant notice in personal account or through the information being made available on Adlane’s website. The Publisher shall be deemed to have received such notice being sent by e-mail or made available in Publisher’s personal account on Adlane’s website and having consent to them if they continue to use the Platform and the Services upo the notification being received. You may refer to contract revisions in our website – www.adlane.info. The terms and conditions of present Publisher Agreement (as published on www.adlane.info (the “Terms”) bind the parties from the date signed or the date service is provided and shall apply to each and any services provided by Adlane. This Agreement shall take precedence over any other terms and conditions issued or stated or referenced to apply relating to the services provided by Adlane.
18.5. Representations and warranties of Publisher set forth in this Agreement hereof shall survive closing for a period of one (1) year from the termination date.
18.6. No claim for a breach of any representation or warranty by Adlane shall be actionable or payable if the breach in question results from or is based on a condition, state of facts or other matter which was disclosed to Publisher and/or actually known by Publisher prior to termination.
18.8. All claims related to the use of the Service or the Platform shall be submitted by the Publisher within 30 days from the end of the Reporting Period only. In the case of missing the specified term, Adlane reserves the right not to process the complaint, and all the services shall be deemed rendered properly.
18.9. Headings to sections and subsections in this Agreement are for the convenience of the parties only and are not intended to be a part of or affect the meaning or interpretation hereof.
18.10. You agree on using of any communication method (email/messenger) with contact details provided in your personal account.
This agreement was last updated on 26.08.2021