GapAd Publisher Terms & Conditions

It is very important that you read through these terms and conditions in full before signing up to the GapAd Beta program. By participating as a publisher in GapAd, you are accepting these terms in full. If you do not wish to accept these terms and conditions, you should not participate, or attempt to participate in the GapAd beta program.

Defining the GapAd Advertising Mechanism…

By installing the GapAd installation script or the various platform installation plugins that GapAd has to offer, a publisher may instantly activate the Gapad advertising mechanism. The GapAd Advertising mechanism triggers and shows adverts to users when they click on an active exit link to another site or domain from within the publisher’s site.  An active exit link is any link that has not been excluded by either the GapAd script or the publisher from within the GapAd publisher dashboard.  The GapAd Advertising mechanism can be disabled at any point from within the GapAd publisher dashboard.

Participation in the GapAd Beta Program…

Participation as a publisher in the GapAd network is subject to approval from GapAd upon your application and is subject to your continue compliance with the terms as set out in http://gapad.net/dashboard/terms/.  GapAd reserves the right to refuse your participation as either an applicant or participant at any time and this will be at the sole discretion of GapAd. GapAd also holds the right to modify or update these terms at any time but will inform publishers when changes occur.  

GapAd participants site activity guidelines…

The content of your publisher website or websites must not promote, advocate, facilitate, link to or otherwise include any of the following:

1. Racial, ethnic, political, hate-mongering or otherwise objectionable content;
2. Pornographic, obscene, sexually explicit or related content;
3. Material that defames, abuses, is libelous, is tortuous or threatens physical harm to others;
4. Violence or profanity;
5. Illegal substances or activities (e.g., illegal narcotics, how to build a bomb, counterfeiting money, etc.);
6. Material that displays any telephone numbers, street addresses, last names, URLs, e-mail addresses or any confidential information of any third person;
7. Material that discriminates on the basis of race, ethnicity, gender, age, disability, religion or sexual orientation;
8. Material that impersonates any person or entity;
9. Any indication that any statements You make are endorsed by Company or an Advertiser, without Company’s specific prior written consent;
10. Content which is inappropriate or harmful to children;
11. Software Pirating (e.g., warez, hotline);
12. Hacking or Phreaking;
13. Investment, money-making opportunities or advice not permitted under foreign, federal or state law;
14. Any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
15. Any software, product or service that is illegal or that violates the rights of a third party including, but not limited to, spyware, adware, programs designed to send unsolicited advertisements (i.e. "spamware"), services that send unsolicited advertisements, programs designed to initiate "denial of service" attacks, mail bomb programs and programs designed to gain unauthorized access to networks on the Internet;
16. Any software, product or service that harvests or collects the personal information of Internet users, whether or not for commercial purposes, without the express consent of such users;
17. Terrorism or terrorist-related activities, sedition or similar activities;
18. Any spoofing, redirecting or trafficking from other websites in an effort to gain traffic;
19. Gambling, contests, lotteries, raffles, or sweepstakes;
20. Any content that infringes upon the intellectual property rights of any third party;
21. Any material that otherwise infringes upon the rights of any third parties including, without limitation, false advertising, unfair competition, invasion of rights of publicity or privacy, violation of any anti-discriminatory law or regulation, or any other right of any person or entity;
22. Any material that violates the CAN-SPAM Act of 2003, as amended ("CAN-SPAM"); or
23. Any illegal activity whatsoever (including any violations of applicable U.S. state or federal law, rule or regulation, Canadian provincial or federal law, EU directives and regulations and/or the laws of any foreign jurisdiction in which You operate).

Inappropriate content on sites will lead to the publisher being considered unsuitable, and their contract(s) terminated.

It is at GapAd’s discretion as to the suitability of an individual site, and the types of sites accepted.

The GapAd Advertising Mechanism and Display guidelines…

GapAd will have full control over the content of Ads displayed through the GapAd advertising mechanism. You, the publisher must, allow full operation of the GapAd mechanism which includes but is not exclusive to: links, tracking, and display functions. GapAd will only place content that has approved by the GapAd team into the GapAd advertising mechanism. GapAd approved can include but is not limited to images, videos, surveys, text and links. GapAd and its relevant partners will make every effort to only supply content that is appropriate to the viewers of the site.

Through the GapAd publisher dashboard you can control the length of time a GapAd is displayed before the advert will timeout.  You can also control if the destination website is shown in the background of a GapAd.

You must not alter the GapAd script or alter the GapAd advertising mechanism in any way other than the configurations offered in the GapAd user dashboard unless explicitly agreed

Impressions, Clicks & Actions…

GapAd will pay you, the publisher, depending on the number of impressions, clicks, and conversions on ads displayed by you. For campaigns that are geo-targeted you, the publisher, will only be paid full price for viewers’ actions that are from the targeted country (countries).

Determination of revenue payable to the publisher will be at GapAd’s sole discretion

Prohibited Use…

You, the publisher, shall not and shall not authorise any third party to generate invalid viewer actions through deceptive or fraudulent methods, including (but not limited to):

1. Obscuring or modifying the full display of any GapAd.
2. Writing or employing software to interact with an ad on the user’s behalf, or to simulate users’ interactions with an ad
3. Generating repeated manual clicks
4. Automating interactions with an ad in any other means (including redirects and pop-ups)
5. Installing software on a user’s machine to perform any such method, or otherwise generate actions

You, the publisher, shall not and shall not authorise any third party to alter the GapAd advertising mechanism or our content in any way other than those specified in the GapAd mechanism guidelines above.

You, the publisher, shall not and shall not authorise any third party to engage in actions that reflect badly on GapAd or where applicable, redirect users away from advertiser’s pages, or display a modified version of the advertiser’s site to users. You shall not try and sign up for a new agreement after contract termination, unless you, the publisher, terminated the contract out of choice.

Confidentiality…

You, the publisher, agree not to disclose any confidential information regarding GapAd and it’s related services including GapAd’s system for reporting campaign success for your site. GapAd has the rights to include your site name, logo, etc. in publicity, internal documents and creative pitching if required. However, we will not disclose your non-site-related personal details to any third parties without your explicit written permission.

This confidentiality agreement doesn’t include information that may be gained from a reasonable other source, or information that is required by law.

No Guarantee…

GapAd does not guarantee timing of delivery or the sum paid to the publisher for ads displayed via the GapAd advertising system. GapAd is alo not responsible if an advert does not work correctly all of the time. GapAd is not responsible for any downtime caused by network failures, failures in a publishers equipment, maintenance to the GapAd system and any other events outside of the control of GapAd such as but not limited to  fire, flood, strikes or disruptions in internet service.

Limitations of Liability; Force Majeure…

Neither GapAd or you the publisher will have any liability, excluding indemnification and confidentially obligations under GapAd’s terms and conditions, for any failure or delay in services due to conditions beyond any reasonable control.

If the publisher breaks this agreement then GapAd has the right to seek damages and the agreement will be terminated. The publisher must also act appropriately after the agreement has been terminated or GapAd reserves the right to seek damages.

GapAd Payments…

Payment shall be made for each viewer action recorded by GapAd, depending on GapAd’s definition for that campaign. However, payment will only be made if you, the publisher, have an outstanding balance of over $20 (US Dollars) at the end of a month.

Payment shall be made every month, for the previous month’s actions and GapAd shall not be liable for payment for any actions that GapAd deems, or has previously deemed to be invalid, or achieved through deceptive or fraudulent means.

If on occasion, there is an over payment or under payment, you must report it to GapAd upon discovery. A mutual agreement will be reached as to repayment of the extra funds.

Where you, the publisher, have cancelled the agreement, remaining funds will be paid as scheduled. However, if you, the publisher have broken the agreement in any way, GapAd holds the right to withhold any payments owed and where necessary seek full returns of previous payments.

GapAd takes no responsibility for the tax payments of publishers and it is up you, the publisher, to ensure that appropriate tax is paid on your earnings.

Termination/Cancellation of this agreement…

GapAd has the right to terminate the agreement at any time. In this case we will pay the appropriate monies owed in keeping with regular payment scheduling.  You, the publisher, have the right to terminate the agreement with, or without cause at any time. To do this, your termination of agreement must be sent to info@gapad.net and will be employed 14 working days after receipt of the email. In this case, GapAd will pay the remaining balance owed within 12 weeks of termination.

In the case of agreement termination, you must still participate in the sections of the agreement regarding confidentiality and must not use any content in a way that GapAd considers damaging to the Network or the advertisers.

GapAd is owned and operated by BETS Ltd.

BLEEDING EDGE TECHNICAL SERVICES LTD

Unit 8, 10 BLAIR STREET

EDINBURGH

EH1 1QR

Company No. SC321726

info@gapad.net