Please read these Terms of Service carefully before using any of the services offered by TH ADS LP.
Terms of Service are subject to change at anytime with or without notice at our discretion. We encourage You to periodically review this page for the latest updates. Should You continue to use our services after any changes, You are signifying Your acceptance of the changes.
This Legal Agreement ("Agreement") between "TH ADS LP" ("Company", "Traffic Holder", "we" or "us" ) and You ("Publisher" or "Advertiser" or "You") sets forth Your rights and obligations with respect to the use of Service ("TrafficHolder.com", "Ad network", "Service"). By signing up or using TrafficHolder.com in any way, You accept all the terms and conditions of this Agreement.
"Advertiser" - an individual or a company who promotes goods and services by purchasing traffic or placing Ads using the Service as an intermediate platform.
"Ad or Advertisement" - any type of online advertisement, including, without limitation, banners, links, pop-ups, pop-unders and video advertisements or similar in text or any other format.
"Publisher" - an individual or a company who sells traffic from his Website(s) or display Advertisers' Ads on his Website(s) using the Service as an intermediate platform.
"Website" - any space, including but not limited to a page or a set of pages, application where the Advertiser drives traffic to or the Publisher displays Ads/sells traffic from.
"Ad network" - technological platform that allows Advertisers to purchase traffic and place Ads on Publishers' Websites.
"Traffic" - visitors redirected from Publisher's Website(s) to Traffic Holder ad&traffic serving system.
"Account Holder" - Publisher/Advertiser who registered account with Traffic Holder.
"Earnings" - the total revenue generated by Publisher by selling traffic/displaying Ads less Traffic Holder margin. Traffic Holder margin remains at the sole and absolute discretion of Traffic Holder.
"Impressions" means the number of times Advertiser's Website/Ad is served to a person visiting the Publisher's Website(s).
Provision of the Service
Traffic Holder provides Advertiser with a technical possibility to promote goods and services including but not limited to purchasing traffic to Websites and placing Ads. Traffic Holder provides Publisher with a technical possibility to monetize their Websites including but not limited to selling traffic and inserting Advertisers' Ads into their Websites.
Traffic Holder is a service provider and has no effective knowledge about the content on the Publisher's/Advertiser's Website(s) and/or Ads, which is published on the Publisher's Website(s). Publisher and Advertiser are the only responsible parties for such content and will always hold Traffic Holder harmless for any responsibility, infringement, damage or loss in relation to such content. If any content is illegal or violates any law in general, and in particular, any intellectual property laws, please request the removal to Traffic Holder at firstname.lastname@example.org, so we can remove and prevent access to it.
General Account policies
You represent and warrant that:
- You are of legal age (18 years or more);
- All information that You provide to us in connection with Your account (including Full Name, Company name, Address, Country, City and other) is true, accurate and complete;
- You are not engaged in any illegal activity;
- You have the right, power, and authority to enter into this Terms of Service and grant the rights specified herein;
- You own or have the legal right to use and distribute all content, copyrighted material, trademarked materials, products, and services displayed on Your Website, advertised products and services;
- You bear full responsibility if Your actions are deemed illegal in any jurisdiction
We reserve the right to obtain, verify and record information that identifies each Account Holder. This means that we may request additional documentation to confirm Account Holder details, including Account Holder name, address, date of birth and other information that will allow us to confirm Account Holder identity. In case You fail to provide requested data within 14 days after such request was made by us we reserve the right to suspend/terminate access to Your account without obligation to refund Your payment(s) or/and pay You any unpaid earnings.
Website and Ad requirements
You are eligible for using Service only if Your Website or Ad is it any time in full compliance with following requirements:
- Your Website(s)/Ad(s) may 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).
- All content of Your Website(s) and linked Website(s) must be in compliance with 18 U.S.C. 2257 Records Keeping Requirements Compliance Statement In compliance with United States Code, Title 18 Section 2257, even if You, Your business and/or Your website are not subject to the jurisdiction of the United States.
- Your Website(s)/Ad(s) must abide by all applicable federal, state, national, international and local laws.
- Your Website(s)/Ad(s) may not contain any obscene, vulgar, illegal, unlawful, defamatory, fraudulent, libelous, harmful, harassing, abusive, threatening, invasive of privacy or publicity rights, hateful, racially or ethnically offensive, inflammatory, or otherwise inappropriate content as decided by us in our sole discretion.
- Your Website/Ad(s) may not depict illegal activities, promote or depict physical harm or injury against any group or individual, or promote or depict any act of cruelty to animals.
- Your Website(s)/Ad(s) may not contain material that impersonates any person or entity or otherwise misrepresents You or Your Website's users in any way.
- Your Website(s)/Ad(s) must not contain software viruses or any computer code, file or program designed to interrupt, destroy, limit or monitor the functionality of any computer software or hardware or any telecommunications equipment.
- Your Website(s)/Ad(s) may not contain torrents, "warez" or similar content.
- Your Website(s)/Ad(s) may not be under construction or incomplete.
- Your Website(s)/Ad(s) must have substantial real content and not simply be "blind links."
Acceptable use policies
Acting as an Advertiser You may not drive traffic to any Website that does not meet Website and Ad requirements. Acting as a Publisher You may not use any method to artificially or fraudulently increase the amount of visitors/clicks/impressions delivered to Service including but not limited to supplying computer generated visitors, impressions, clicks.
Account termination policies
If we determine, in our sole and absolute discretion, that You have violated any provision of the Terms of Service (including but not limited to General Account policies, Website and Ad requirements, Acceptable use policies) we reserve the right to suspend/terminate access to Your account without obligation to refund Your payment(s) or/and pay You any unpaid earnings.
An explicit written permission to open a new account and use our Service is required if Your previous Traffic Holder account was suspended/terminated due to our Terms of Service violation and/or for any other reason You were denied access to Traffic Holder services. You must provide us with a complete information about Your suspended/terminated Traffic Holder account when submitting a request to open a new account. We reserve the right to terminate a Traffic Holder account without obligation to pay You any amounts owing to You if Your previous accounts were suspended/terminated for any reason and You didn't obtain our explicit written permission to open a new account.
Advertiser(s) stats, payment and refund policies
Service is provided on prepayment basis. The price for Advertiser's order(s) is set in accordance with the type and quantity of traffic(impressions, clicks) which Advertiser orders. All published prices are subject to change without prior notice. Delivery and financial stats are based on Traffic Holder server reports which are final. Traffic Holder may make adjustments to stats based on a number of factors including the discovery of any technical errors. Traffic Holder does not guarantee the delivery of ordered traffic/Ads during any particular or limited period of time. Within six (6) months of payment by Advertiser, we may, upon his request and in our discretion, issue a refund to Advertiser for parts of his order not yet fulfilled. Traffic Holder will issue a refund only to the same card, account or wallet from which we received the payment. We will not process refund to another payment system, account or wallet. Refund is not acceptable in case the Advertiser breaches the Terms of Service.
Publisher(s) stats and payment policies
Publisher(s) receive a payment related to the amount of traffic sold to Advertiser(s) from his Website(s); the number of valid impressions of Ads displayed on his Website(s); the number of valid clicks made on Ads displayed on his Website(s). Delivery and financial stats are based on Traffic Holder server reports which are final. Traffic Holder may make adjustments to stats based on a number of factors including the discovery of any technical errors. Payouts are processed on request of Publisher. Minimum payment amounts, terms and methods of payment are subject to change anytime without prior notice in our sole discretion. Publisher warrants that data provided to Traffic Holder for issuing payments is accurate, fully and legally compliant, especially for invoicing and taxation purposes. We reserve the right to refuse to process a payout request or place a payment hold for any reason, including if we have a reasonable suspicion that Publisher breached any provision of the Terms of Service. Publishers are entitled to their earnings if they were generated in the current year or the previous year. Everything accumulated before this time is not paid out.
This Policy sets out the basis on which any personal data we collect from You, or that You provide to us, will be processed by us. By registering, You agree to the collection, use and disclosure of Your personal information, session data and account data as described in this policy.
We require certain information about You at registration, including Your login and password (which You generate), Your full name, e-mail address, country, city and address. Other optional information may be input by You as well. Your IP address is also recorded automatically whenever You access the Service and may be associated with Your Traffic Holder account. Any other information or content You provide us on the Service will be saved and associated with Your account, including information such as credit card, bank account number, Government issued ID number.
Traffic Holder is devoted to keeping Your privacy safe. When You sign up for our services, we guarantee that any information that You share with us will not be used in any way other than to respond to Your inquiries, process Your orders, and send You system information regarding Your account.
When we collect personal information directly from You, we follow generally accepted industry standards such as SSL, to protect the personal information submitted to us, both during transmission and once we receive it. No method of transmission over the Internet, or method of electronic storage, is 100% secure, however. Therefore we cannot guarantee its absolute security from unauthorized third party access. If You found somebody is operating Your account using Your name and Your password without Your prior consent, this would be Your responsibility.
We do not share or distribute contact information or client information with or to any company or person for any reason. We do not sell, trade, or otherwise transfer to outside parties Your personal information. This does not include third parties who assist us in operating our Service, conducting our business, or supporting our members, so long as those parties agree to keep this information confidential and secure and on the same conditions and protection levels we provide to You as a member.
As an exception, we may release Your information to certified and authorized law enforcement officials when we believe release is appropriate to comply with US/EU law, enforce our terms or policies, or protect the rights, property, or safety of Traffic Holder, our members, our users or others.
All materials on this web site are protected by trademarks, copyrights and/or other intellectual property rights. These materials are owned by TH ADS LP. Other trademarks, registered trademarks, product names, and company names or logos mentioned in the Website are the property of their respective owners.
Materials include photographs, images, illustrations, designs, text, audio/visual clips, logos, trademarks, slogans, scripts, and other materials contained in this site.
Any use of any materials on this site (or their facsimile) without the prior express written permission of TH ADS LP is strictly prohibited.
DISCLAIMER OF WARRANTIES,
LIMITATION OF LIABILITIES, INDEMNIFICATION
TRAFFIC HOLDER DOES NOT WARRANT THAT THE WEBSITE AND SERVICE WILL BE ERROR FREE OR UNINTERRUPTED. THE WEBSITE AND SERVICE IS DISTRIBUTED ON "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. TRAFFIC HOLDER ALSO DISCLAIMS ALL GUARANTEES REGARDING POSITIONING, LEVELS, QUALITY, OR TIMING OF AVAILABILITY AND DELIVERY OF TRAFFIC/AD AS WELL AS CONVERSIONS OR OTHER RESULTS FOR TRAFFIC/AD. TRAFFIC HOLDER WILL NOT BE RESPONSIBLE FOR ANY LOSSES, DAMAGES OR COSTS THAT YOU AND/OR YOUR BUSINESS MAY SUFFER WHEN USING THE WEBSITE OR SERVICE. YOU AGREE TO INDEMNIFY AND HOLD HARMLESS TRAFFICHOLDER.COM FROM ANY CLAIMS RESULTING FROM YOUR USE OF THE WEBSITE OR SERVICE. YOU EXPRESSLY AGREE THAT USE OF THE WEBSITE OR SERVICE IS AT YOUR SOLE RISK. NEITHER TRAFFICHOLDER.COM NOR ITS SERVICE PROVIDERS, AGENTS, LICENSORS, EMPLOYEES SHALL HAVE ANY LIABILITY FOR ANY DAMAGES SUFFERED BY YOU OR ANY OTHER PARTY AS A RESULT OF THE USE OR MISUSE OF THE SERVICE.
You agree to keep us protected against any claims as of the quality of the services rendered, as well as in connection with any possible damage incurred by You as a result of the use of the Traffic Holder services.
Governing law and disputes:
Class Actions are NOT allowed. You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action.
Dispute Resolution Process. For any concern or dispute you may have, you agree to first try to resolve the dispute informally by contacting us. If a dispute is not resolved within 30 days of submission, you or Traffic Holder must resolve any claims relating to these terms, the Services through final and binding arbitration, except that you may assert claims in small claims court if your claims qualify.
This Agreement and the ensuing relationship between Company and You will be construed in accordance with, and governed by, the laws of Scotland.
Last updated: 2017/08/05