Advertiser Agreement
This agreement shall govern participation in the Digimedia.ma program. By participating in the program, you will be deemed to have agreed to these terms and conditions. The term ‘customer’ shall refer to any individual or entity who accepts the terms and conditions of this agreement by submitting the program registration. The program is offered to you by Digimedia.ma
(CIN n° D358853 - 41 R HOCIEMA RCE BENZAKOUR APT 3 FES)
PAYMENT:
All clients are required to pay one-hundred percent (100%) of the cost of the campaign before its activation. All charges are quoted and billed in US Dollars unless otherwise noted. Digimedia.ma reserves the right to set and negotiate specific payment terms on a client-by-client basis.
In addition, if the advertiser is running a campaign of CPM banners, the campaign must either be paid in full by wire transfer or paypal.
If you use the monthly spending/budget control feature, you agree that your credit card will be charged the amount specified by you to ensure your account is not turned off when your account balance is lower than your defined monthly budget. The client acknowledges and agrees that any credit card and related billing and payment information that the client provides to Digimedia.ma may be shared by Digimedia.ma with companies who work on Digimedia.ma’s behalf, such as payment processors and/or credit agencies solely for the purposes of checking credit and/or effecting payment to Digimedia.ma and servicing customer’s account. Digimedia.ma may also provide information in response to valid legal process, such as subpoenas, search warrants and court orders or to establish or exercise its legal rights or defend against legal claims. Digimedia.ma shall not be liable for any use or disclosure of such information by such third parties.
Trial Offers, Coupons, Credits and Special Offers. Digimedia.ma reserves the right to discontinue or modify coupons, credits and special promotional offers at our discretion. The promotional credit must be applied to a new Digimedia.ma advertiser account within 15 days of creating the account and is valid only for new Digimedia.ma advertisers. Advertisers will be charged for advertising that exceeds the promotional credit and will need to suspend their campaigns if they do not wish to receive additional charges beyond the free credit amount. The free credit is subject to ad approval, valid registration and acceptance of the Digimedia.ma standard agreement and terms and conditions. The promotional credit is non-transferable and may not be sold or bartered. Offers may be revoked at any time for any reason by Digimedia.ma One promotional credit is available per customer.
In case of any overdue payments, there will be a 0% interest rate added to the total amount. All payments should be paid within the terms agreed and due dates stated on the invoices.
REFUND POLICY:
Digimedia.ma network has a 24 hours out-clause policy. Refund is only eligible for all the remaining (non-used) funds in the advertiser’s account to the original payment method. Refund can only be made to the original payment source. Refund by wire transfer can only be issued if the advertisers have provided full wire transfer details.
For technical support related campaigns, there is a minimum commitment of 3 active days of the starting amount.
For Customers that request a refund, there will be an additional Administrative Fee of $25 charged + a flexible charge depending on the conditions of the refund itself. The conditions that we will charge the Customer the Administrative Fee are as follows:
• The Customer is refunding due to issues pertaining to their end of the campaign, such as lack of products to promote or any technical issues on their end.
The flexible Administrative Fee, if charged, will be based on 3% of the total remainder of the Customer’s deposit.
If the advertiser is running a CPM campaign and we receive any complaints due to malware, viruses, or violation warnings, we have the right for immediate suspension of the campaign/account and also the remaining unused funds will not be refunded to the advertiser.
REGISTRATION:
To use the service, you must submit a complete Digimedia.ma registration form, which is available at Registration Form. As part of the registration process for the service, you agree to:
• Provide certain limited information about you as prompted to do so by the service (such information to be current, complete and accurate)
• Maintain and update this information as required to keep it current, complete and accurate. The information requested on original signup shall be referred to as registration data (“Registration Data”).
If Digimedia.ma discovers that any of your Registration Data is inaccurate, incomplete or not current, Digimedia.ma may terminate your right to access and receive the service immediately with or without notice. Digimedia.ma will evaluate the Registration Data in good faith and will notify you in a timely manner regarding acceptance or rejection. Digimedia.ma may reject a registration application if it determines, in its sole discretion that the user is not an appropriate subscriber or user of the service. Upon acceptance of this agreement and completion of the registration process you will have opened an account with Digimedia.ma. and will become a subscriber to the Digimedia.ma newsletter.
Site and Creative Guidelines
Digimedia.ma has a zero tolerance policy for advertisements and sites containing content that is not appropriate for viewing by a general audience. The following are examples (including but not limited to) of the type of sites we will not direct visitors to:
1. Digimedia.ma will not direct visitors to sites containing content that is not appropriate for viewing by a general audience. The following are examples (including but not limited to) of the type of sites we will not direct visitors to:
• Advertisements and sites with child pornography or sites that contain links to such content
• Advertisements and sites containing or linking to software piracy
• Advertisements and sites containing or linking to any form of illegal activity (i.e., how to build a bomb, hacking, ‘phreaking’, etc.)
• Advertisements and sites with gratuitous displays of violence, obscene or vulgar language, and abusive content or content which endorses or threatens physical harm
• Advertisements and sites promoting any type of hate-mongering (i.e., racial, political, ethnic, religious, gender-based, sexuality-based or personal, etc.)
• Advertisements and sites that participate in or transmit inappropriate newsgroup postings or unsolicited e-mail (spam)
• Advertisements and sites promoting any type of illegal substance or activity sites with illegal, false or deceptive investment advice and money-making opportunities
• Advertisements and sites with any type of content reasonable public consensus deem to be improper or inappropriate
In addition to the terms above, for CPC and CPM banner ads:
• Your advertisement page cannot contain any other popup windows. Any additional window generated by your site shall be considered a popup window, including popups, pop-behinds, or exit popup windows. If a popup window is installed on the URL at any time, our publishers will stop your campaign immediately and any remaining credits will be forfeited. In this case, you will not be entitled to a refund.
• Your advertisement page cannot have background music or sound.
• You agree that you shall not include any ads (promotional creatives that will be placed on Publisher sites) that have content or links to anything malicious such as malware or viruses that attempts to undermine the good faith between Advertisers and Publishers. Any attempt to introduce such ads stated above will result in immediate suspension of your account without further notice at our sole discretion, with no refund for any remaining funds. Digimedia.ma will not be responsible, nor will be held liable, for any loss that results due to the suspension. A fine of $10.000 (ten thousand American dollar) will be enforced on the Digimedia.ma user responsible for distributing said malicious ads.
2. To ensure compliance with these terms and conditions, any client that changes their content after approval for membership MUST notify Digimedia.ma of the changes in writing IMMEDIATELY. If your site is changed during the campaign such that it includes inappropriate content, Digimedia.ma may, in their sole discretion, stop your campaign immediately. In this case, you will not be entitled to a refund.
Data Reporting (Stats): All campaigns purchased on the Digimedia.ma network are served, tracked and reported by Digimedia.ma For campaigns that involve third party serving/tracking, accounting may be beyond the control of Digimedia.ma Campaigns that use third party serving/tracking for auditing purposes may be subject to alternate or additional controls. Digimedia.ma is the sole owner of all websites, campaigns, and aggregate web user data collected by Digimedia.ma Customers only have access to website and web user data that is collected as part of the customer’s campaign. Payment Liability: Digimedia.ma reserves the right to hold the customer and any agency, broker or other authorized representative of customer jointly and severally liable for all amounts owed to Digimedia.ma
Digimedia.ma Inc, will not be held legally or financially responsible for any content submitted by an Advertiser while using our marketing services. Individual users and advertisers are solely responsible for the content of advertising and other material which they submit to use for advertising and for ensuring that such content complies with all relevant legislation, such as the local laws that they are promoting the products in (such as the age of majority, promoting illegal products, etc) regardless of the location you are setting up your advertising account/campaign in.
GENERAL:
Representations and Warranties: Customer hereby indemnifies and holds harmless Digimedia.ma and the publishers (including their successors, directors, officers, employees, agents, assigns) from and against all claims, loss, liability, damage and expense of any nature (including attorneys’ reasonable fees) in connection with the advertisement URL and its linked websites, for any actual or alleged breach of any term of this agreement. Damages: In no event shall either party be liable for special, indirect, incidental, or consequential damages, including, but not limited to, loss of data, loss of use, or loss of profits arising there under or from the provision of services. Limitation of Liability: Neither Digimedia.ma nor the participating sites will be subject to any liability whatsoever for:
• Any failures to provide reference or access to all or any part of the advertisement URL due to system failures or other technological failures of Digimedia.ma or of the Internet;
• Delays in delivery and/or non-delivery of a campaign, including, without limitation, difficulties with a publisher or website, difficulties with a third-party server, or electronic malfunction;
• Errors in content or omissions in any advertisement URLs provided by the customer.
MODIFICATION:
The program reserves the right to change any of these terms and conditions at any time without notice. You are responsible for complying with any changes to the Terms and Conditions within 10 days of the date of change.
MINIIMUM AGE REQUIREMENT:
No person under the age of 18 is allowed to participate in our program unless written permission from a parent or legal guardian, notarized, signed and dated, is email to info@digimedia.ma.
IN THE CASE OF DISPUTE:
Customer agrees to settle any/all dispute(s) under this agreement via binding arbitration in Morocco, Fes.
PUBLISHER AGREEMENT
ALL HOSTS MUST COMPLY COMPLETELY WITH THE TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT. Digimedia.ma RESERVES THE RIGHT TO WITHHOLD PAYMENT FROM ANY HOST THAT VIOLATES ANY OF OUR TERMS AND CONDITIONS.
This Agreement shall govern participation in the Digimedia.ma program. By participating in the Program, you will be deemed to have agreed to these Terms and Conditions. The term ‘Publisher’ shall refer to any individual or entity who accepts the terms and conditions of this Agreement by submitting the Program registration. The Program is offered to you by Digimedia.ma (CIN n° D358853 - 41 R HOCIEMA RCE BENZAKOUR APT 3 FES)
PAYMENT POLICY:
Standard Digimedia.ma payment rate is based on the advertisers bidprice. We will share 50% with publishers. Actual payout rates may vary with Web site performance and market conditions. Publisher will be paid via PayPal or wire in US dollars ($US), max. fifteen working days (15) after the a paidout request. Publishers will be paid at the account level. No payments will be issued for any amounts less than $25 US. Any publisher payment that is unclaimed 12 months after the issue date will not be compensated.
All payments are based on actual as defined, accounted and audited by Digimedia.ma. Digimedia.ma reserves the absolute right not to issue payment to any accounts or Publishers that violate any of the terms and conditions set forth herein.
Participation:
Digimedia.ma shall have absolute discretion as to whether or not it accepts a particular applicant or site for participation in the Digimedia.ma Network
1. The following are some examples (including but not limited to) of the type of sites that are not allowed to participate in our network:
• Sites displaying child pornography and zoosexuality, or contain links to such content
• Libelous or defamatory sites
• Sites containing or linking to software piracy
• Software trading (warez) sites
• Sites containing or linking to any forms of illegal activity (i.e., how to build a bomb, hacking, ‘phreaking’, etc.)
• Sites with gratuitous displays of violence, obscene or vulgar language, and abusive content or content which endorses or threatens physical harm
• Sites promoting any types of hate-mongering (i.e., racial, political, ethnic, religious, gender-based, sexuality-based or personal, etc.)
• Sites that participate in or transmit inappropriate newsgroup postings or unsolicited e-mail (spam)
• Sites promoting any types of illegal substance or paraphernalia or activity sites with illegal, false or deceptive investment advice and money-making opportunities
• Sites that are under construction or incomplete
• Visitors are misled on the Sites
• Sites with any types of content reasonable public consensus deems to be improper or inappropriate
It is the Publisher’s sole responsibility to maintain acceptable content, as outlined in the eligibility requirements, after their acceptance to the Digimedia.ma Network. Any violation of these rules will result in immediate removal from the Network. Your account will be cancelled and your payment will be null and void.
2. Company/Individual may not artificially inflate traffic counts using (including but not limited to) any device, program or robot.
3. Each Publisher may only hold one account with Digimedia.ma. Publishers can have more than one URL in their account, each of which should be submitted for review prior to placing the code on each individual site.
Code Placement:
Digimedia.ma ad codes must not be modified from original format without consent from Digimedia.ma. Publisher agrees to use the ad code provided for displaying Creative not more than ONCE per page view. Ad codes may only appear on (root) URLs that Digimedia.ma has reviewed and accepted for participation. Ad codes cannot be placed in email messages.
Default HTML code placement:
If Publisher is running a default HTML/JS tag from 3rd parties, Digimedia.ma is not responsible for these ads and Digimedia.ma decline all claims or every responsibility about these ads. Publisher is 100% responsible for these ads.
Data Reporting (Stats):
Digimedia.ma is the sole owner of all Web site, campaign, and aggregate web user data collected by Digimedia.ma. Publisher only has access to campaign data that is collected through the use of their inventory.
Traffic Sources:
Digimedia.ma actively monitors the traffic quality coming from your Sites for continued compliance with our policies and maintenance of our traffic quality standards. Digimedia.ma reserves the right, at our sole discretion, to suspend delivery of Ads to your Sites, terminate your account if any of your Sites are in violation of our terms or fall below our acceptable traffic quality standards, In such cases, Digimedia.ma shall reserve the right to withhold all payments due to you. Digimedia.ma should also be entitled to a refund of monies already paid to you with respect to revenue earned as a result of any non-compliance of our terms.
Fraud and Deception:
Publishers agree to not artificially inflate traffic counts using any programs (including scripts), device, or other means. Digimedia.ma will be auditing every Publisher’s traffic on a daily basis. Publishers that produce commit fraudulent activities, including but not limited to false impressions, will have their account permanently removed from our Network and will not be compensated for fraudulent traffic. Additionally, Digimedia.ma reserves the right to register fraudulent Publishers in a global ad network fraud database, for usage by other ad networks. Excessive page reloading or any other abuse of our system could result in legal action.
REGISTRATION:
To use the service, you must submit a complete Digimedia.ma registration form, which is available at Registration Form. As part of the registration process for the service, you agree to:
• Provide certain limited information about you as prompted to do so by the service (such information to be current, complete and accurate)
• Maintain and update this information as required to keep it current, complete and accurate. The information requested on original signup shall be referred to as registration data (“Registration Data”).
If Digimedia.ma discovers that any of your Registration Data is inaccurate, incomplete or not current, Digimedia.ma may terminate your right to access and receive the service immediately with or without notice. Digimedia.ma will evaluate the Registration Data in good faith and will notify you in a timely manner regarding acceptance or rejection. Digimedia.ma may reject a registration application if it determines, in its sole discretion that the user is not an appropriate subscriber or user of the service. Upon acceptance of this agreement and completion of the registration process you will have opened an account with Digimedia.ma and will become a subscriber to the Digimedia.ma’s newsletter.
Contact Information:
To insure timely payment, Publishers are responsible for maintaining the correct contact and payment information such as your name, address , etc associated with their accounts. This must be done online using the Publisher’s account. Any and all bank/service fees associated with returned or cancelled payments due to any error in the Publisher contact or payment information are Publisher’s responsibility, and will be deducted from re-payment.
Removal From Network:
In order to protect our clients from any forms of fraudulent actions, we may, at our discretion, terminate any accounts that we believe violates one of our rules or that has very low conversion ratios. We reserve the right to request server logs from Publishers for investigation. In the case of non-agreement between Digimedia.ma and Publishers, the decision of Digimedia.ma stands as the final decision. Any accounts that have been cancelled due to fraudulent activities or due to the low conversion ratios will not receive payment. In cases where fraud has occurred and payment has already been made, we may, in addition to closing the account, take legal action against the Publisher.
Publishers in violation of Digimedia.ma’s Terms and Conditions will be immediately deactivated. Digimedia.ma may deactivate Publishers with no prior notification, though every effort will be made to notify the deactivated Publisher via the e-mail address provided by the Publisher.
Publisher’s accumulated earning in six consecutive months does not meet our minimum payment amount. The publisher account will be deactivated. Earnings will be issued at the next payment period with a deduction of $5.00 processing fee.
Upon termination of an Publisher from the Digimedia.ma program, for any reasons and by either party, the Publisher shall immediately remove all HTML insertion codes from all pages where the Publisher had inserted such codes.
GENERAL:
Representations and Warranties:
The program represents and warrants that it has full power and authority to enter into this Agreement. The program is not responsible for any content provided by third parties (including Advertisers). The program and its licensors make no other warranty of any kinds, whether expressed, implied, statutory or otherwise, including without limitation warranties of merchantability, fitness for a particular usage, and non-infringement. Publisher is solely responsible for any legal liabilities arising out of or relating to (i) the content and other material set forth on the Publisher Websites and/or (ii) any content or material to which users can link through the Publisher Websites (other than through an advertisement supplied by Digimedia.ma). Publisher hereby agrees to indemnify, defend and hold harmless Digimedia.ma and its officers, directors, agents, Publishers and employees from and against all claims, actions, liabilities, losses, expenses, damages, and costs (including, without limitation, reasonable attorneys’ fees) that may at any time be incurred by any of them by reason of any claims.
Damages:
In no event shall either party be liable for special, indirect, incidental, or consequential damages, including, but not limited to, loss of data, loss of use, or loss of profits arising there under or from the provision of services.
Limitation of Liability:
Neither Digimedia.ma nor its Customers will be subject to any liability whatsoever for
• Any failures to provide reference or access to all or any part of the Website due to systems failures or other technological failures of Digimedia.ma or of the Internet;
• Delays in delivery and/or non-delivery of advertisement, including, without limitation, difficulties with a Customer or advertisement, difficulties with a third-party server, or electronic malfunction; and Errors in content or omissions in any advertisement.
Public Release:
Publisher shall not release any information regarding Campaigns, Creative, or Publishers relationship with Digimedia.ma or its customers, including, without limitation, in press releases or promotional or merchandising materials, without the prior written consent of Digimedia.ma. Digimedia.ma shall have the right to reference and refer to its work for, and relationship with, Publisher for marketing and promotional purposes. No press releases or general public announcements shall be made without the mutual agreement of Digimedia.ma and Publisher.
Audit:
Digimedia.ma shall have the sole responsibility for calculation of Publisher earnings, including Impressions and geographic statistics.
Privacy and Opt-out: Publisher shall support Digimedia.ma’s commitment to protect the privacy of the online community; such commitment is set forth in Digimedia.ma’s Privacy Statement, which is hereby incorporated into this Agreement.
Modifications:
The Program reserves the right to change any of these terms and conditions at any time without notice. You are responsible for complying with any changes to the terms and conditions within 10 days of the date of change.
Minimum Age Requirements:
No person under the age of 18 is allowed to participate in our program unless written permission from a parent or legal guardian, notarized, signed and dated, is emailed to info@digimedia.ma
Minimum Country & volume Traffic Requirements:
Publisher must have at least >70% traffic from Morocco or <70% traffic from the website origin or will result in account suspension.
Publisher must have at least 300.000 pageviews a month, with an average max. bounce% of 50%. In case of doubt, Digimedia.ma can ask for traffic statistics from the last 3 months. Digimedia.ma is allowed to ask these stats also after approving, at any time. If not providing the statistics, your account might be blocked.
Black List Sites:
Any pay to click, read and related sites.
Case of dispute:
Publishers agree to settle any/all dispute(s) under this agreement via binding arbitration in Morocco, Fes.