Advertiser Publisher
Advertiser Publisher

Advertising terms and conditions

Last updated: August 30, 2021

The following terms and conditions (Advertising Terms and Conditions) are deemed to be incorporated into each advertising insertion order (“Insertion Order”) accepted by TRAFFICHUNT PTE. LTD. (“TrafficHunt”). By registering to TrafficHunt, the Advertiser is bound to a legal agreement, and hereby acknowledges to have read and agreed on the following Terms and Conditions:

DEFINITIONS

Advertiser – individuals or companies who register with TrafficHunt to purchase traffic for banners and/or redirects.

IO (Insertion Order) – written authorization to display creatives on a publisher’s website(s).

Campaign(s) – refers to the series of banners or redirects belonging to an Advertiser.

User Interface (UI) – the interface available to Advertisers to monitor campaign performance, adjust bids, create or pause campaigns.

Clicks – defined by when a banner is clicked by a user on a publishing website.

Impressions – defined by when a banner is viewed by a user on a publishing website.

CTR (Click through rate) – reveals the average number of clicks per hundred impressions and is expressed as a percentage.

Pre Pay – a default payment model where advertisers pay in advance to buy traffic.

Post Pay – aa payment option offered to certain advertisers that entitle them to an agreed amount of credit to puchase traffic.

CPC (Cost per Click) – a pricing model that involves Advertisers paying an agreed amount for every visitor clicks on a banner or redirect.

CPM (Cost per Mile) – a pricing model whereby the cost is expressed by every thousand impressions.

TERMS OF PAYMENT

The Advertiser (as defined in the Insertion Order) will be invoiced in a manner TrafficHunt considers to be appropriate to the campaign. The Advertiser must pay the invoiced amounts to TrafficHunt in pounds sterling, or in the currency specified in the Insertion Order, within 30 (thirty) days after the date of the invoice.

The Advertiser must pay at the rates prescribed by applicable law all VAT (and all similar sales tax (if applicable)) on the amounts due under this Insertion Order. All amounts paid by the Advertiser after the due date will bear interest a the rate of one percent (1%) per month (or the highest rate permitted by law, if less) above the base lending rate of TrafficHunt’s main bank, from the date when payment was due until the date of payment is received, whether before or after judgement. If the Advertiser fails to pay, the Advertiser will be responsible for all expenses (including reasonable legal fees) incurred by TrafficHunt in collecting the amounts due.

The Advertiser represents and warrants that it contracts with TrafficHunt as principal, and has the authority to do so, notwithstanding that the Advertiser maybe acting as an advertising agency or media buyer or in some other representative capacity.

Where the Advertiser agrees to spend an aggregate amount of money across a period of time, unless agreed otherwise, the Advertiser must spend at least 20% and at most 33% of the agreed aggregate amount of money in each quarter of that time period, subject to availability of the requested positions.

Advertisers have 14 (fourteen) days to query payment after receipt of invoice. Any request for changes after this period is up to the discretion of TrafficHunt who reserve the right to refuse any potential amendments. If no contact is made within 14 (fourteen) days, TrafficHunt will assume there is agreement with the rates on the invoice and expect payment.

Pre-Pay – the most common form of payment that involves funds being allocated to the advertisers account for new or current campaigns. Please note that funds are only allocated as and when payment has been received. It is the advertisers responsibility to monitor, and when necessary, add funds to their account to ensure there’s no disruption with campaigns. Failure to do so may result in campaigns being paused until sufficient payment has been made to restart campaigns. Invoices will be issued prior to payment being received.

Post-Pay – TrafficHunt may offer advertisers the opportunity to run campaigns on credit. The total amount of credit offered is at the sole discretion of TrafficHunt. The conditions of the credit agreement will initially apply on a bi-monthly basis but this can be subject to change if the advertiser adhere’s to the agreed terms. Payment is expected within 14 days from the issue date of invoice.

Persistent late payment from an Advertiser on post-pay tems may result in active campaigns being paused and access to the User Interface (UI) being withdrawn. For more serious cases, TrafficHunt reserve the right to close the Advertisers account at any time.

POSITIONING AND LICENCE

The Advertiser hereby grants to TrafficHunt a world-wide, non-exclusive, fully paid licence to reproduce, use and display on any TrafficHunt property or any third party property on which TrafficHunt distributes advertising, the advertisement and/or any materials (including all contents, trademarks and brand features contained therein) provided by the Advertiser in relation to the Insertion Order and these Advertising Terms and Conditions (collectively, “Advertiser Materials”) and to modify the same to fit the format and look-and-feel of and to integrate with the functionality of the relevant TrafficHunt property and/or TrafficHunt’s technology. Features or works provided, promoted or hosted by TrafficHunt in relation to the Insertion Order (in relation to which TrafficHunt shall have “executive producer” rights), shall (with the exception of any Advertiser’s trademark or brand features) belong to TrafficHunt unless expressly assigned to the Advertiser in writing.

Except as otherwise expressly provided in the Insertion Order, positioning of Advertiser Materials within the TrafficHunt properties or on any page is at the sole discretion of TrafficHunt, and TrafficHunt will not be prohibited from also carrying advertisements for any product or business competitive to the product or business of the Advertiser.

TrafficHunt does not guarantee the times, dates or positions of the advertisement(s), but TrafficHunt will use reasonable efforts to comply with the Advertiser’s wishes. If a booked advertisement is not published at all, due to the fault of TrafficHunt, TrafficHunt will supply an alternative publication date. If you choose not to accept this alternative date, your original booking will be cancelled and TrafficHunt will refund to you the amount already paid for your cancelled booking, as your sole remedy.

The Advertiser grants to TrafficHunt the express right to refer to and reproduce throughout the world all or part of any TrafficHunt property or service containing all or part of any of the Advertiser Materials on or in any promotional or advertising material or campaign promoting or advertising TrafficHunt (but not any promotional or advertising campaign paid for by TrafficHunt).

If the Advertiser wishes to request a change to positioning of advertisements, it must provide the relevant creatives and give prior written notice of at least 3 weeks before the start of the campaign. Failure to provide such prior notice will mean that the positions set out in the Insertion Order prevail. Any requested change to positioning of advertisements will be decided at TrafficHunt’s sole discretion, subject to availability. In any event, the Advertiser will only request changes to the position of advertisements for up to a maximum of 20% of the monetary value of the placements each calendar quarter.

STATISTICS

Notwithstanding the provisions of the Insertion Order, the Advertiser acknowledges that TrafficHunt has not made any guarantees with respect to usage statistics, which include, without limitation, levels of impressions or click-throughs for any advertisement or for any position specified for each advertisement. TrafficHunt provides the Advertiser with estimated usage statistics only as a courtesy to the Advertiser and TrafficHunt will not be held liable for any claims relating to any usage statistics however supplied.

The Advertiser acknowledges that usage statistics provided by TrafficHunt are the official, definitive measurements of TrafficHunt’s performance on any delivery obligations provided in the Insertion Order.

The Advertiser understands that no modifications may be made to campaign spend after 7 (seven) days. It is the Advertisers sole responsibility to highlight errors within this period. Features are deployed within the user interface that enable the Advertiser to set and control daily spend.

TrafficHunt offers a service to create new campaigns for Advertiser’s at no additional charge. However, the Advertiser acknowledges the Advertiser is responsible to identify any errors within 48 (fourty-eight) hours of the campaign start date. This includes campaign caps, CPC/CPM prices, targeting, creatives, and redirect URL’s. After the 48 (fourty-eight) hour period, TrafficHunt will not be liable for any campaign overspend as a direct result of errors with campaign caps or CPC/CPM prices.

Any modifications made to campaign spend may take up to 7 (seven) days to appear in the TrafficHunt user interface.

TrafficHunt makes every effort to ensure statistics generated in the user interface are accurate. In the unlikely case of statistics being inaccurate, TrafficHunt will make the necessary adjustments to rectify the situation.

RENEWAL

Except as expressly set out in the Insertion Order, any renewal of the Insertion Order and acceptance of any additional advertising order will be at TrafficHunt’s sole discretion. The rates applicable to such renewal period (if any) are subject to change by TrafficHunt from time to time in its absolute discretion.

NO ASSIGNMENT OR RESALE OF AD SPACE

The parties may not resell, assign or transfer any of its rights hereunder, except to any of their Affiliates provided that such Affiliates are not competitors of the other party. Any other attempt to resell, assign or transfer such rights will entitle the other party to terminate this contract immediately, without liability on the part of the terminating party. “Affiliate” means in respect of a party its “holding company”, its “subsidiary company” or a subsidiary company of its holding company, as those terms are defined in section 736 of the Companies Act 1985.

REFUND POLICY

TrafficHunt will offer the Advertiser a full refund of the balance remaining for any campaign(s) that are paused, stopped, or for account closure. The refund will be made at the Advertisers request. Advertisers who are deemed to have breached the “Advertiser Terms and Conditions” will not be entitled to a refund of their remaining balance.

Any and all claims must be made within 20 (twenty) days of the funds deposit date if the Advertiser is not satisfied with the platform and have remained in compliance with this Agreement. The refund will only be issued for a balance greater than $200 (two hundred US Dollars) and a processing charge of 10% (ten percent) will be deducted from the refund as administrative fee. Any other additional fees related to the refund processing (including but not limited to banking and/or processing fees and charges and the likes) must also be covered by the Advertiser. We reserve the right to withhold your refund for a reasonable time to ensure that the correct amount is paid.

The Advertiser’s funds are covered by TrafficHunt’s money back guarantee in the situations when technical problems with the User Interface (UI) resulted in a loss of the Advertiser’s funds.

CLOSING ADVERTISER ACCOUNT

The advertiser has the option to stop buying traffic at any time by pausing/stopping their campaign(s) in the user interface (UI). As detailed in clause “Refund Policy” of this Advertising Terms and Conditions, the Advertiser will be entitled to a full refund of their remaining balance as a result of account closure.

BIDDING ON INVENTORY

Advertiser understands that CPC/CPM prices will vary depending on the competitiveness of the inventory. Advertiser is aware that increasing their bids on inventory will not necessarily lead to additional traffic in the form of impressions or clicks.

CREATIVE RULES

Please pay attention that certain restrictions are applied to keep all our partners safe. Following creatives cannot be approved and advertisers violating these rules can be banned from the network without refund.

  • Ads with Auto-Sound are not allowed.
  • Ads with teenage looking persons are not allowed.
  • Misleading links are forbidden (for example broken links showing blank page).
  • Links containing auto-download are not permitted.
  • Ads cannot contain spyware, malware or any programs, delivering damage.
  • Brand imitation banners, landing pages, offers, logos etc. (Facebook, WhatsApp, Android, Apple, OLX or any other) are not allowed.
  • Popunders on landing pages and offers are not allowed.
  • Promo materials containing abuse, extreme violence, beastiality, torture, scatophilia, urination, rape, incest are not allowed.
  • Notification banners with Java Script alerts on landing pages are not premited.
  • Exit pop-up on landing pages are not permitted.
  • Change of approved links (cloaking) is not allowed.

LIMITATION OF LIABILITY

If TrafficHunt fails to publish any advertisement or deliver the number of impressions or click-throughs provided in the Insertion Order, TrafficHunt’s liability will be limited (at the option of TrafficHunt) to either: (a) as soon as reasonably practicable, publishing the advertisement (or a replacement advertisement if provided by the Advertiser) on positions agreed in the Insertion Order or in alternative positions agreed with Advertiser for such time as is necessary to generate a number of substitute impressions or click-throughs of equivalent monetary value to the shortfall; or (b) refund to the Advertiser that proportion of the amounts already paid which relate to those advertisements and/or impressions or click-throughs which were not provided, and if the amounts were not paid by the Advertiser, agree that such amounts will not be due or payable. TrafficHunt will only provide a refund to the Advertiser under the clause “Refund Policy” of this Advertising Terms and Conditions if: (I) the creative arrived within the time limits specified in the Insertion Order; (II) the creative performed in accordance with the relevant TrafficHunt technical specifications and (III) cancellations and changes to media schedules were notified within the timeframe set out in the clause “Refund Policy”.

In no event will TrafficHunt be responsible in contract, tort, negligence or otherwise, for: (a) loss of profits, business, contracts, revenues, goodwill, production and anticipated savings; or (b) any indirect, consequential, special or economic loss of any kind; arising from any failure to publish in a timely manner or at all any advertisement in accordance with the Insertion Order. TrafficHunt shall not be liable for any features or works provided, promoted or hosted by TrafficHunt In relation to the Insertion Order which have been downloaded by a user.

Advertisers Indemnification. Advertiser shall, at its expense defend and/or settle any claim, action or allegation brought against TrafficHunt to the extent that (I) the Advertisements infringes any patent, copyright, or trademark, or misappropriates or violates any trade secret of a third party or other third party right, fraud, false advertising, misrepresentation or violation of any law, statute in connection or (II) it arises out of a breach of any of its representations or warranties made in 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 thereunder or from the provision of services.

Advertisers Warranty. Advertiser warrants and represents that it has the right to sell and market the “Advertiser Materials” and that the “Advertiser Materials” (I) do not contain content that is defamatory, libelous or which may reasonably likely to subject TrafficHunt to negative publicity, and (II) that the “Advertiser Materials”, each use, display, reproduction and distribution of the Ads by TrafficHunt on any TrafficHunt property or any third party property on which TrafficHunt distributes advertising, will not breach any duty toward or rights of any person, or entity including, without limitation, intellectual property rights, user and privacy rights. Advertiser’s failure to comply with this Section shall result in a material breach of this Agreement and shall be subject to the Indemnification provisions and obligations described herewith.