CPAWISH LIMITED (“CPAWISH”) Terms and Conditions of Use
ACCEPTANCE & TERMS
By accessing this web site, you are agreeing to be bound by these web site Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this web site are protected by applicable copyright and trade mark law.
The website is owned and operated by CPAWISH LIMITED. The term “us,” “we” or “our” refers to the owner and operator of this Site. The term “you” refers to publishers and other users of the Site, as applicable. If you do not accept and agree to these Terms, you must exit the site immediately.
- Permission is granted to temporarily download one copy of the materials (information or software) on CPAWISH LIMITED’s web site for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
- modify or copy the materials – unless otherwise indicated;
- use the materials for any commercial purpose, or for any public display (commercial or non-commercial) – unless otherwise indicated;
- attempt to decompile or reverse engineer any software contained on CPAWISH LIMITED’s web site;
- remove any copyright or other proprietary notations from the materials; or
- transfer the materials to another person or “mirror” the materials on any other server – unless otherwise indicated.
- This license shall automatically terminate if you violate any of these restrictions and may be terminated by CPAWISH LIMITED at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
INTELLECTUAL PROPERTY & COPYRIGHT
- Our IP. All Site contents, registered and unregistered trademarks, designs, information and images (the “Intellectual Property”) belong to us and our content suppliers. The Intellectual Property is protected by U.S. and international trademark, copyright, privacy, and other intellectual property laws. You obtain no interest in that Intellectual Property, provided, however, that you may download and view or print a copy of materials on this Site for personal use as long as you do not modify any content (including any copyright notice) in any way. All rights not expressly granted under these Terms are reserved by us. Unless expressly stated otherwise, you shall not copy, reproduce or replicate any Intellectual Property. We have the right but not the obligation to monitor and edit or remove any content submitted by users. We take no responsibility and assume no liability for any content posted by users or any third party.
- License to Your Content. By transmitting or uploading any content to our Site, you grant us a perpetual, unlimited, irrevocable, royalty-free, worldwide license to use, reproduce, adapt, display, perform, modify, transmit, translate, distribute, and create derivative works of your content; to make, have made, sell or otherwise distribute any of your submitted content. You further represent and warrant that you have the right, title, and/or authority to grant such license to us.
- Copyright Infringement Claims. Unauthorized copying, distribution, modification, public display, or public performance of copyrighted works is an infringement of the copyright holder’s rights. You agree that you will not use our Site to infringe anyone’s intellectual property rights.
NOTIFICATION OF INFRINGEMENT
If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide the following information to firstname.lastname@example.org
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- A description of the copyrighted work or other intellectual property that you claim has been infringed;
- A description of where the material that you claim is infringing is located on the Site;
- Your name, address, telephone number and e-mail address;
- A signed statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- A statement by you, made under penalty of perjury, that the information provided in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
- Electronic Communications. You agree that all notices or other communications regarding your account and/or your use of the Site (“Communications”), may be provided to you electronically and you agree to receive all Communications from us in electronic form. You may print a copy of any Communications and retain it for your records. All electronic Communications will be considered just as legally binding as if they were in paper form. You may revoke your consent to receive Communications electronically, but if you revoke your consent to receive Communications electronically, we reserve the right to terminate your right to use our Site.
- Hyperlinks. You may link to our Site, as long as this is done in a fair way that does not negatively affect our reputation or business and does not suggest any form of association where there is none. We reserve the right to request that you withdraw any link and you agree to cooperate with us in causing any unauthorized framing or linking to terminate immediately.
- Assignment. We may transfer, assign or subcontract the rights, interests or obligations under these Terms, at our sole discretion, without obtaining your consent.
- Prevailing Language. In the event of any discrepancy between the English original version of these Terms and any foreign language translation, the English version prevails.
In no event shall CPAWISH LIMITED or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on CPAWISH LIMITED Internet site, even if CPAWISH LIMITED or a CPAWISH LIMITED authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
REVISIONS AND ERRATA
The materials appearing on CPAWISH LIMITED web site could include technical, typographical, or photographic errors. CPAWISH LIMITED does not warrant that any of the materials on its web site are accurate, complete, or current. CPAWISH LIMITED may make changes to the materials contained on its web site at any time without notice. CPAWISH LIMITED does not, however, make any commitment to update the materials.
CPAWISH LIMITED has not reviewed all of the sites linked to its Internet web site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by CPAWISH LIMITED of the site. Use of any such linked web site is at the user’s own risk.
Any claim relating to CPAWISH LIMITED web site shall be governed by the laws of the Covent Garden, London, United Kingdom without regard to its conflict of law provisions.
Mutual Representations. Each party represents and warrants that: (i) it has the right to enter into and fully perform the services contemplated herein, consistent with this Agreement; (ii) there is no outstanding contract, commitment or agreement to which it is a party that conflicts with this Agreement; and (iii) at all times while any Program remains in effect, it shall comply with all applicable laws and regulations. Neither party makes any guarantee, representations nor warranties express or implied, as to the level of consumer response that will result from the Programs.
General Terms and Conditions applicable to Use of a Web Site.
Accounts are subject to removal at any time for any reason that CPAWISH LIMITED may see fit. CPAWISH LIMITED is not required to notify involved parties in this circumstance.
CPAWISH LIMITED retains the right to withhold or recall payments, terminate a publisher’s network relationship at any time for any reason we consider just. All leads that fail to meet our requirements shall be considered invalid. These include leads that don’t provide complete data, fail to meet filter specifications, are in an incorrect format or fail to meet the necessary postal, email and phone validations, and invalid credit card submissions. Without limiting the generality of the foregoing, we will terminate any publisher account found to be engaged in fraud; deceitful generation of traffic; adware; spyware; spam; use of any incentives to procure clicks or leads; generation of leads other than through intended consumer action; use of phone books or similar such compilations of personal data to complete lead generation forms; use of fake redirects; infringement of others’ intellectual property rights or other violations of these Terms.
PUBLISHER & USER OBLIGATIONS
By using this Site, you represent, warrant and agree that:
- You will not create duplicate accounts and you will not share your account with anyone. You are solely responsible for all activity that occurs under your account.
- You will only submit true, complete and not misleading information to the Site. This includes publisher details and payment information. All content you submit to our Site is free of third party intellectual property claims and contains no vulgar, profane, defamatory, abusive, racist or hateful language or expressions.
- Publishers may not make changes to our ad codes without our prior written consent.
- Our Site may contain typographical errors or other inaccuracies.
- Submission of untruthful reviews, posts, articles or other content may result in account termination. We may reject or erase or edit any content submitted for any reason without prior notice to you, within our sole reasonable discretion.
- Our Site content may not be copied for republication, either online or on paper, without our prior express written permission. However, you can share Site content via built-in social sharing buttons.
- You will not submit unsolicited bulk or commercial messages (“spam”) to our Site, other users or anyone else. Any unsolicited message must also not direct the recipient to any third party site or other resource.
- You will not access our Site in order to gain a competitive advantage.
- You will only use the Site for legal purposes and you will remain responsible for complying with all laws and regulations applicable to your use of the Site.
- We have the right to refuse access, service or disable your account on our Site at any time for any reason or no reason without notice, explanation or liability of any kind.
- You may not use any web spiders, bots, indexers, robots, crawlers, harvesters, or any other automatic process to access, acquire, copy or monitor any portion of the Site or any content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any content.
- You will not interfere with the proper working of the Site. You will not impersonate any other person or entity, submit any false, defamatory, offensive, harassing material, or any material that violates another party’s rights of privacy and publicity.
PROHIBITED PUBLISHER CONTENT
The following is a partial list of the kind of Content and activity that is prohibited on any Website in connection to CPAWISH LIMITED ad platform.
- is subject to copyright; You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. It is our policy to respond to clear notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act of 1998 (“DMCA”). In addition, we will promptly terminate without notice the Membership privileges of those determined by us to be repeat infringers.
- is misleading; You may not promote, suggest, or link to any incentives that are not actually delivered upon ad-completion. Delivered content must be a full and accurate representation of the incentive promised prior.
- is illegal, harmful, malicious, hateful, threatening, bullying, harassing, discriminatory, invasive of personal privacy or publicity rights, humiliating to other people (publicly or otherwise), libelous, pornographic, or that contains nudity or graphic or gratuitous violence;
- contains “viruses”, worms, Trojan horses, or any other content deemed harmful to the host’s machine;
- engages in the use of illegal bot-nets or other automated scripts;
- communicates any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships, or otherwise infringes or violates someone else’s rights;
- may constitute or contribute to a crime or tort;
- involves sending or otherwise posting unauthorized commercial communication (such as spam);
- engages in unlawful multi-level marketing, such as a pyramid scheme;
- solicits login information or accessing an account belonging to someone else;
- solicits or posts personal identifying information from other Users, or knowingly collects any information from minors under the age of 13;
- obscures the advertisements served by CPAWISH LIMITED;
- interferes with, disrupts, impairs or creates an undue burden on the Services or the networks or services connected to the Services;
- attempts to impersonate another person or entity;
- provides false personal information, or creates an account for anyone other than yourself without permission;
- uploads viruses or other malicious code;
- contains hyperlinks to other websites that violate these Terms of Service;
- facilitates or encourages any violation of these Terms of Service.
- specifically violates the Terms of Service of another website, company, and/or party.
Company may, but is not required to, monitor Publisher commissions for fraud. Most fraud checks are done in the form of manual analytics and quality scans on a weekly basis. If fraud is suspected or proven, future payments to said Publisher will be immediately forfeited. Publisher will lose access to their account. If you believe we have locked your account by mistake, you can refute the fraudulent claims against you via email. Please contact your affiliate manger.
Adware, spyware, automatic lead generation, or any other form of Prohibited Publisher content shall be counted as fraud and result in immediate termination of account and this agreement.
Publisher will be paid per the terms of each commission generated by CPAWISH LIMITED advertising partners. Provided that Publisher meets its minimum commission threshold ($50, unless otherwise noted), CPAWISH LIMITED shall pay any amounts due according to a payment schedule deemed fit for Publisher, less any taxes required to be withheld under applicable law, provided that CPAWISH LIMITED may, in its discretion, withhold payments due to Publisher for a specific Adverts until such time as the Advertiser has paid Company for that Advert. Company does not guarantee payment to Publisher for an Advert if the Advertiser fails to pay or revokes commission.
Any commission achieved below the required payment threshold will be rolled over to the next applicable payment period.
CPAWISH LIMITED reserves the right to withhold or revoke payment from any user affiliated with this web site. Affiliates shall not, under any circumstance, press charges against CPAWISH LIMITED in regards to withheld payment.
CPAWISH LIMITED reserves the right to reduce any payments owed to Publisher at any time, as a consequence of any offsets taken by Advertisers for invalid Events, technical errors, tracking discrepancies and the like.
Affiliate acknowledges that all payments will be forfeited upon breaches of these Terms, or the Terms of our Advertisers.
Publisher acknowledges that CPAWISH LIMITED cannot guarantee the safe, on-time arrival of all payments. Failed payments in which CPAWISH LIMITED does not receive a full refund can result in permanent loss of balance for Publisher.
REFERRAL COMMISSION PROGRAM
Publisher has the ability to obtain and use special referral link from CPAWish dashboard. A referred publisher may not be considered valid if it fails to meet one or more of the following:
- Referred publisher account must not be under the control of referring publisher.
- Referred publisher account must be creating their account for the first time. Duplicate and secondary accounts are not allowed.
- Referred publisher account must contain cookies placed by special referral link. CPAWISH LIMITED does not claim any responsibillity for uncredited publishers due to removed cookies or history.
- Referred publisher account must not be directly related to referring publisher.
CPAWISH LIMITED reserves the right to remove referrals manually for any reason.
Referring publisher will receive 5% commission (unless stated otherwise) of payable leads to referred publisher. CPAWISH LIMITED reserves the right to reverse referral earnings if original leads are found to be invalid.
TEMPLATE COMMISSION PROGRAM
Publisher has the ability to create and share ad tools and receive a commission. Commission is based on payable earnings of other publishers using said tools. Standard commission rates are:
- For shareable templates and html landing pages, 5% of valid payable earnings.
- For shareable lockers and ad scripts, 1% of valid payable earnings.
Standard commissions are not final and may be changed at any time. CPAWISH LIMITED may remove or reduce commissions at their own discretion on a per-lead basis. Publisher accepts that these commissions are not guaranteed.
Certain events and promotions may add or reduce commissions. Specific changes will be listed in events section of CPAWish dashboard.
- Before or at the time of collecting personal information, we will identify the purposes for which information is being collected.
- We will collect and use of personal information solely with the objective of fulfilling those purposes specified by us and for other compatible purposes, unless we obtain the consent of the individual concerned or as required by law.
- We will only retain personal information as long as necessary for the fulfillment of those purposes.
- We will collect personal information by lawful and fair means and, where appropriate, with the knowledge or consent of the individual concerned.
- Personal data should be relevant to the purposes for which it is to be used, and, to the extent necessary for those purposes, should be accurate, complete, and up-to-date.
- We will protect personal information by reasonable security safeguards against loss or theft, as well as unauthorized access, disclosure, copying, use or modification.
- We will make readily available to customers information about our policies and practices relating to the management of personal information.
We are committed to conducting our business in accordance with these principles in order to ensure that the confidentiality of personal information is protected and maintained.
In the case of legal action, CPAWISH LIMITED reserves the right to disclose publisher information to offended parties – particularly if CPAWISH LIMITED determines the publisher has violated these Terms of Service.