desktAPP Media, LLC - Terms & Conditions
Terms and ConditionsLast updated: April 7th, 2017
Publishers and Advertisers who subscribe to this network and programs are required to adhere to the following policies. We ask that you read these policies carefully and refer to this document often. If you fail to comply with these policies, we may suspend or deactivate your marketing account. While in many cases we prefer to work with our network members to achieve policy compliance, we reserve the right to suspend or deactivate any account at any time. If your account is suspended, you will be required to resolve the issue with your account manager in order to continue participating in our network.
Please note that we may change our policies at any time, pursuant to these Terms of Service. It is your responsibility to keep up to date with and adhere to the policies posted here. Accordingly, we advise and encourage our publishers and advertisers to review these policies regularly.
Site ContentWhile desktAPP Media, LLC offers broad access to a variety of content in the network, subscribers to the network may only market promotions with methods that adhere to our content guidelines.
Publisher sites and advertiser campaigns incorporating our network may NOT contain:
· Violent content, racial intolerance or advocacy against any individual, group, or organization.
· Objectionable pornographic, adult, or mature content.
· Hacking/cracking content.
· Illegal drugs and drug paraphernalia.
· Excessive objectionable profanity.
· Excessive, repetitive, or irrelevant keywords in the content or code of web pages.
· Deceptive or manipulative content or construction to deceptively improve your search engine ranking.
· Sales or promotion of illegal weapons and/or illegal ammunition (e.g., firearms, fighting knives, stun guns).
· Sales or promotion of prescription drugs, herbal supplements, or breast and/or penis enlargement products.
· Sales or promotion of products that are replicas or imitations of designer goods.
· Sales or distribution of term papers or student essays.
· Trojans, viruses or other forms of hijacking a visitor's computer or mobile device.
· Any other content that is illegal, promotes illegal activity, or infringes on the legal rights of others.
Network EnrollmentYou must submit an account application from our website. You must accurately complete the application to become a publisher or advertiser 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 to the network, generally within three (3) business days. We may accept or reject your application at our sole discretion for any reason.
Payment TermsdesktAPP Media, LLC shall hold amounts due and payable to Publisher, less any applicable Service Fee, separate from desktAPP Media, LLC's general corporate funds, and shall not use such amounts for desktAPP Media, LLC's corporate operating expenses. desktAPP Media, LLC shall issue the publisher a payment in the method and time frame as agreed upon and defined within the publisher's account. Notwithstanding the foregoing, desktAPP Media, LLC shall not be obligated to (i) settle funds to publisher with respect to the processing of any Payment Transaction for which desktAPP Media, LLC has not received full settlement in final available funds for the processing of that Payment Transaction; or (ii) if publisher's earned balance at the time of disbursement or transfer is less than the minimal payout amount defined in the publisher's account with the unpaid balance to roll over to the next payment cycle.
Conversion ReversalsdesktAPP Media, LLC further reserves the right to withhold payment, delay crediting payments or charge payments back to advertiser's account in the event: (i) that advertiser made a valid claim for a refund; (ii) if desktAPP Media, LLC in its reasonable discretion, believes that the traffic is (A) not from valid human visitors (bot traffic), (B) involve misconduct, fraud, or are through any fraudulent or invalid means (including without limitation the fraudulent use of credit cards, debit cards or other means of payment, or contains invalid and stolen personal information); or (C) otherwise violate applicable law, this Agreement or other applicable desktAPP Media, LLC or Service policies; or (iii) of charge backs pursuant to the breaking of rules defined for the valid promotion of a campaign. Publisher agrees to cooperate with desktAPP Media, LLC and provide such information as reasonably requested by desktAPP Media, LLC in its investigation of any of the foregoing.
LIMITATION OF LIABILITY.DESKTAPP MEDIA, LLC, ITS SUBSIDIARIES AND OTHER AFFILIATES, AND THEIR RESPECTIVE AGENTS, CO-BRANDERS OR OTHER PARTNERS, SHALL NOT BE RESPONSIBLE OR LIABLE TO PUBLISHER, ADVERTISER OR ANY THIRD PARTIES UNDER ANY CIRCUMSTANCES FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES OR LOSSES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES WHICH MAY BE INCURRED IN CONNECTION WITH SUBSCRIPTION TO AND USE OF THE NETWORK AND/OR THE PAYMENT PROCESSING SERVICE, OR ANY GOODS, SERVICES, OR INFORMATION PURCHASED, RECEIVED, SOLD OR PAID FOR BY WAY OF THE SERVICE, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF DESKTAPP MEDIA, LLC, HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGE OR LOSS. IN NO EVENT SHALL DESKTAPP MEDIA, LLC'S TOTAL CUMULATIVE LIABILITY ARISING FROM OR RELATING TO THIS NETWORK SUBSCRIBER AGREEMENT OR THE PAYMENT PROCESSING SERVICE EXCEED THE NET FEES DESKTAPP MEDIA, LLC, HAS ACTUALLY RECEIVED AND RETAINED FROM SUBSCRIBER DURING THE THREE (3) MONTHS IMMEDIATELY PRECEDING ACCRUAL OF THE RESPECTIVE CLAIM. THE FOREGOING LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
Each party acknowledges that the other party has entered into this agreement relying on the limitations of liability stated herein, and that those limitations are an essential basis of the bargain between the parties.