Terms and Conditions
1. General Information
The present document contains the General Partner Conditions (from here on out, referred to as “Conditions”)
The Stop Losing XII LTD company registered by No: HE418296 having it’s legal address at
trading as “Kija” company. It provides the services according to the terms and conditions specified below
2. Conditions
1.1 Kija provides the opportunities to participate in our Service and Program. Advertiser should pay for Services according to the terms. The Publisher shall engage Webmasters to place Advertiser’s Ads on the internet through push notifications at their discretion. Advertiser provides the Publisher with the Statistical Data according to conditions hereof.
1.2 In order to become an Advertiser or а Publisher you must first sign an Insertion Order (IO)
1.3 Kija will activate, monitor, track and report an agreed campaign. We will report if and when errors have occurred and in order to escape such errors further. Kija will also, at its sole discretion, provide support and advice to it’s partners.
1.4 Advertiser hereby grants to Publisher a non-exclusive royalty-free license, during the Term, to use, publicly display and perform, distribute and display the trademarks, including hereinafter referred to as the “Marks” as part of or in connection with promotion and marketing.
1.5 Both Advertiser and Publisher may not transfer it’s account to anyone without explicit written permission of Kija and you may not use anyone else’s account or password at any time without the express permission and consent of the holder of that account.
3. Reporting
3.1 After the end of the relevant month Publisher may get reports from Advertiser. Publisher reserves the right to reasonably dispute the aforesaid reports within 15 calendar days from the endof the applicable month.
3.2 If Publisher has not disputed the report within the above mentioned term the report will be final and binding. In case of duly reported discrepancy between the reporting +systems both parties will discuss in good faith the number to be invoiced.
3.3 Kija provides the ability to perform payments by using different payment service providers. Advertiser shall have the right to select any payment service provider available. You agree that Kija is not responsible for any actions applied by the payment service provider including any additional transaction fees.
3.4 Advertiser will provide payments to Publisher within 7 (Seven) calendar days of receipt of the invoice (unless other terms agreed upon in the IO).
4. Restrictions
4.1 Publishers are prohibited to send to Kija traffic taken from sites containing illegal and/or socially unacceptable content such as violent pornography, child pornography, hate or violence related, racism, harassment, illegal drugs and other acts and contents banned by laws of the European Union.
4.2 Publishers are prohibited from attempting to obtain commissions by procuring business transactions themselves or through a third person, which not derive from end-users effectively visiting Advertisers’ websites or applications.
4.3 Any try to artificially and/or fraudulently inflates the volume of clicks is strictly forbidden.
4.4 Kija reserves the right to control and verify compliance with these restrictions and limitations.
5. Confidential Information
5.1 Any confidential information and/or proprietary data provided by one party to the other party , including the descriptions and the pricing of the products and the terms hereof, shall be deemed “Confidential Information” of the Discloser.
5.2 The Parties agree that if disclosure is made to their professional advisors, auditors or bankers this shall be done subject to each Party procuring each such recipient’s agreement to keep such information confidential to the same extent as if such recipient were Party to this agreement.
6. Mutual Representatives and Warranties
6.1 Publisher represents and warrants that: Publisher Media is in compliant with all applicable laws and does not contain or promote, nor links to another website that contains, libelous, defamatory, abusive, violent, prejudicial, obscene, sexually explicit, or illegal content.
6.2 Publisher agree not to engage in any illegal activity, whatsoever, is not allowed and owns the legal right to use and distribute all content, copyrighted material, products, and services displayed on Publisher Media. If instructed to do so by the Advertiser and/or if this Agreement terminates, Publisher will immediately remove and discontinue the use of any Site Data.
7. Indemnification
6.1 Each party acknowledges its obligation to indemnify and hold the other party and its directors,officers, employees, agents, and authorized representatives from and against any costs, losses, liabilities and expenses may cause to the latter party, incur or be subjected to by reason of any legal action or other claim by a third party arising out of or as a result of a breach of the former party representations and warranties made hereunder.
6.2 Each Party shall return or destroy any Confidential Information provided under this Agreement upon written request of the disclosing Party.
8. Limitation of Liability
Neither party shall have any liability under this agreement for consequential, exemplary, special, indirect, incidental, or punitive damages, or
for lost profits, data, reputation, or business use, even if it has been advised of the possibility of such damages. In no event shall the liability of either party to
the other for any reason and upon any cause of action or claim in contract, tort or otherwise, exceed the amount paid to publisher by the advertiser in the six
(6) month period preceding the date a claim arises hereunder.