The following Terms of Service for the InstallMonetizer website is a legal contract between You, either an individual subscriber, customer, member, or company, corporation, publisher, sole proprietor (herein referred to as "You", "Your", "Company" or "Publisher"), and InstallMonetizer (herein referred to as "we", "company" or "InstallMonetizer") regarding your use of the any InstallMonetizer's products, software or services (collectively "services"). The Company and Publisher may herein be referred to as "Party". Advertisers gaining distribution of their software via InstallMonetizer's Publishers may herein referred to as "Advertisers"
The services hereunder are offered by InstallMonetizer, Inc., located at:
5655 Silver Creek Vly Rd #615
San Jose, CA 95138 USA
PLEASE READ CAREFULLY THE FOLLOWING TERMS OF SERVICE. BY ACCESSING, BROWSING, SIGNING UP FOR SERVICES, OR USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS, INCLUDING ANY ADDITIONAL GUIDELINES AND FUTURE MODIFICATIONS (COLLECTIVELY, THE "TERMS"). WE MAY MAKE CHANGES TO THIS POLICY FROM TIME TO TIME. IT IS YOUR RESPONSIBILITY TO REVIEW THE POLICY PERIODICALLY. BY LOGGING INTO YOUR INSTALLMONETIZER ACCOUNT YOU AGREE TO THE LATEST TERMS OF SERVICE PROVIDED ON THIS PAGE.
You cannot create or manage multiple InstallMonetizer accounts unless given permission by InstallMonetizer to do so.
Publishers may use various Ad-types to deliver the Advertiser's software offering to end users. They include Co-Bundles and Wrappers.
Advertisers are clients of InstallMonetizer who promote download of their products via Publisher's software products.
Co-Bundles / Wrappers:
Wrappers are a variation of Co-bundles, herein both are called "Co-bundles". Co-bundles are executable software files created to install advertiser software on a pc. Co-bundles are created by you in your account. You can create as many co-bundles within an account. Co-bundles may be only used in your software that abide with the rules in these terms. You may not distribute co-bundles to a 3rd party. Please read further below regarding your obligations.
InstallMonetizer may from time to time add or remove advertisers from the Co-bundles. These changes are done automatically without any action required from the Publisher or any notification from us to the Publisher. You are required to log into your account to view such changes.
You hereby warrant and undertake:
a) To bundle the co-bundle code only within software legally owned by you. Open-source software is a community product and you may not use our co-bundles with it.
b) To be solely responsible for the distribution, content and manners of your marketing activities.
c) That you will not perform any act which is libelous, discriminatory, defamatory, obscene, unlawful or otherwise unsuitable or which contains pornographic, obscene or graphically violent materials.
e) That you have to inform InstallMonetizer of the exact ways of distribution, including Bundling Applications and URLs if required by InstallMonetizer. Any traffic stemming from a source not abiding to the requirements in these terms will be declined.
f) You will not bundle other software monetization services or product preceding/following InstallMonetizer co-bundle. Doing so may reduce our Advertiser's user value and this in turn will reduce the payment from that Advertiser.
g) If complaints are received via end users, hosting companies' o advertisers, InstallMonetizer may pause the account until a review is completed.
h) InstallMonetizer upon its discretion can decide which content is considered illegal and inform you. You will have 24 hours to take action and remove such traffic.
You will not deliver installation of our co-bundles via following traffic sources:
- via torrent files
- malware /spyware products
- hidden installs where the user is now aware of the Advertisers products being installed
- deceptive banners: Banners that fool the end user to click on the "download" button.
- content lock sites/products/service
- paid or forced downloads
- incentivized traffic or "get paid to surf" or "get paid to click" type websites
- bundling with illegal music, movies or any other illegal content
- adult content or any content that can be offensive
- hate, racist content sites/websites
i) Your software must be compliant with the below services
Microsoft Malware Protection Center: http://www.microsoft.com/security/portal/mmpc/products/choices.aspx
Google Malware: https://support.google.com/webmasters/answer/3258249
j) in rare cases where the publishers is given the direct Advertiser exe and promotion/advertising material, the publisher agrees to follow all requirements stated by InstallMonetizer or the Advertiser. These include offers graphics requirements, all text, and link requirements- all of these must be approved by InstallMonetizer before using and modifying in the future. In addition, all the above items in the Obligations section also apply.
InstallMonetizer advises you that the advertiser software in its co-bundles or other ad types at the best of our knowledge is not as listed below. However we do not guarantee this. We check for this at the best of our ability to protect ourselves, you and your end users.
a) spyware, malware, virus, malicious or Trojan horse
b) illegal or constitutes consumer fraud, tort, breach of contract, injury, damage, or harm or any kind to any person or entity or
c) adult in nature (Porn, semi porn, soft porn, adult friend finder etc.). By using any ad-types from InstallMonetizer, you agree to the Liability Terms listed below.
All reported numbers for the purposes of billing, payment, and general delivery reporting are based on InstallMonetizer's reporting system (unless agreed upon via an externally signed agreement). They can be tracked by Publisher in InstallMonetizer's back office. Although InstallMonetizer's stats are live, some Advertiser's stats maybe delayed up to 30 days.
InstallMonetizer shall pay Publisher a payment (also referred to as "Bounty") for each approved installation of the advertiser install. Approved installs the payments are made based on the following terms. Bounty values may increase or decrease. These changes are done automatically without any action required from the Publisher or any notification from us to the Publisher. We require the publisher to log into their account to view such changes.
If the Advertiser declines payment, InstallMonetizer will decline payment to the publishers. If Advertiser issues payment by later retracts it due to publisher's violation of terms listed in the "Obligations" section above, InstallMonetizer will decline payment to publisher or if payment has already been issued, InstallMonetizer will deduct from future payments to publisher. Advertisers occasionally retract payments for pervious months for various reasons, including if fraud is found or abuse reports are filed by major Anti-Virus companies. In such cases, InstallMonetizer may deduct from the amount paid to the Publishers the amount the advertiser retracted. If InstallMonetizer is declined a payment by the Advertiser and InstallMonetizer pursues the payment legally, InstallMonetizer reserves the following right: a) to choose any legal services provider as needed b) do its best to keep publishers impacted by this event updated every 2 months c) deduct all legal fees (approximately $600 per hour), all court costs, administrative fees from the amount recovered legally before issuing payment to the publisher. This amount may be lower than what is owed to the publisher due to the expenses discussed in point c above.
Earnings in a Publishers account are calculated at end of each month and paid on net 45 bases. If the balance exceeds $100 USD, the Publisher is eligible for payment, post net 45. InstallMonetizer can pay via PayPal, Pay owner or Bank wire. Our minimum payout for wire transfers is $100 and $45.00 bank wire fee. If minimum payout amount is not reached, the unpaid earning will carry over to the next payment period.
In some cases InstallMonetizer offers revenue share advertiser software. Revenue Share Advertisers pay portions of payment to InstallMonetizer over a period of time. In such cases InstallMonetizer shall pay the Publisher a percent of all commissions received from the advertiser. Publisher agrees to allow a grace period of up to 10 weeks to see stats on revenue earnings. Payment shall be made in US dollars, with in forty five (45) calendar days after company exceeds minimum threshold.
InstallMonetizer reserves the right to pause a Publisher account, cancel earnings, and terminate any Publisher account if any of their terms stated in this agreement are violated, especially the Obligations section above. The Obligations terms are created to protect our advertisers and end users. InstallMonetizer considers violation of the terms listed in Obligations important and reserves right to terminate our contract with you. Publishers may be terminated instantly based on InstallMonetizer's discretion. InstallMonetizer may take up to 72 hours to inform any publisher of termination.
1) Publicity. The Publisher may make any public announcement or issue any press release about their relationship with InstallMonetizer. However, any advertiser name, details, bounty rates without the prior written approval and consent from InstallMonetizer is not allowed.
2) All information in Publishers Account logins, including but not limited to business and financial, lists of advertiser, as well as price per install and any information relating to products, records, operations, business plans, processes, product information, business know-how or logic, trade secrets, market opportunities and personal data of the Parties shall be treated confidentially. You are responsibility to ensure your logins are private not shared with others. InstallMonetizer and Publisher will make reasonable commercial efforts to keep its Website operational during normal business hours. However, the both agree it is normal to have a certain amount of system downtime and agree not to hold each other liable for any of the consequences of such interruptions.
Nothing contained in this Agreement will grant either Party any right, title or interest in the trademarks, trade names, service marks or other intellectual property rights of the other Party. At no time during or after the term will either party attempt or challenge or assist or allow others to challenge or to register or to attempt to register the marks of the other Party.
To the maximum extent permitted by applicable law, and provided that liability shall not be excluded or limited in respect of malicious intent or gross negligence, Publisher will indemnify Company and hold Company harmless from and against any claim, loss, damage, expense (including reasonable attorney's fees) or liability (including legal fees and costs).
Lost Profits; Consequential Damages. NO PARTY SHALL BE LIABLE FOR ANY LOST PROFITS, COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR FOR ANY OTHER INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, HOWEVER CAUSED, AND UNDER WHATEVER CAUSE OF ACTION OR THEORY OF LIABILITY BROUGHT (INCLUDING, WITHOUT LIMITATION, UNDER ANY CONTRACT, NEGLIGENCE OR OTHER TORT THEORY OF LIABILITY) EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
1) Nothing contained in this Agreement, nor any action taken by any the Party to this Agreement, shall be deemed to constitute either Party (or any of such party's employees, agents, or representatives) an employee, or legal representative of the other party, nor to create any joint venture, association, or syndication among or between the parties,
2) InstallMonetizer may assign this Agreement, by operation of the law or otherwise, at any time with a simple notification to the Publisher.
3) Whenever possible, each provision of this Agreement shall be interpreted in such a manner as to be effective and valid under applicable law but, if any provision of this Agreement is held to be invalid, illegal or unenforceable in any respect, such provision will be ineffective only to the extent of such invalidity, or unenforceability, without invalidating the remainder of this Agreement.
4) This Agreement shall be governed and construed in accordance with the laws of California and any action or dispute relating to this Agreement must be brought in and the Publisher irrevocably consents to the jurisdiction of the Santa Clara, California courts of law.
THE INFORMATION WE COLLECT AND WHY:
Cookies- When you visit our site we insert a cookie into your browser. Cookies are used to help us understand our users and our product activity. This data may include storing user preferences, website activity, usage and other information. This information is never shared with third parties. Communication- Email, Skype, Instant Messenger communication between you and us and vice versa maybe stored by us. Your Account Information- We store information entered by you in your account. We store data generated by Publisher's activity with our site's product. Consumers Receiving Product Recommendations- We review the consumer's pc for existing software the recommend software which they may not have. This information is not stored in order to maintain consumer's privacy. We gather non personally identifiable aggregate data and may include information regarding your geo-location, ip address, MAC address (MD5 hashed for security), operating system, language setting and information regarding whether recommended advertiser software has been accepted, downloaded, installed and any reason for failure installing. None of his information is personally identifiable. This information is never shared with third parties.
We endeavor to take security measures to guard against unauthorized access to the systems where we store your data. This includes internal reviews of our data collection, storage, and processing practices and security measures and physical security measures. However, despite the measures we take we cannot warrant the security of any information provided to us. Unauthorized entry or use, hardware or software failure, and other factors, may compromise the security of user information at any time.
UPDATING YOUR INFORMATION:
You may update your information by logging into your account and updating the information. You may request deletion of your InstallMonetizer account by sending an e-mail to
email@example.com Please include your account logins for verification. Please note that some information may remain in our records after deletion of your account.
We may make changes to this policy from time to time. It is your responsibility to review the policy periodically. By logging into your InstallMonetizer account you agree to the terms of service provided on this page.