Terms of use for Funhub Network Publishers

Read the terms

The Regulations define the principles of cooperation between:

1. The Publisher,

and

2. Playlink Sp. z o.o. is located in Cracow, 9 Pawia Street, 30-048 Cracow, Poland, VAT ID: PL6793015895. Registered at District Court Kraków-Śródmieście Dept. XI KRS no. 863091, hereinafter referred in the Agreement as Playlink.

Publisher accepting the conditions of the Regulations agrees to cooperate with Playlink accordance with the Regulations.

§ 1 – Preamble

1. Regulations set the terms of cooperation between Playlink and the Publisher. Playlink provides ads that are displayed on the websites belonging to the Publishers. Terms includes rules of advertising and rules of settlement between Playlink and Publisher.

§ 2 – Definitions

1. Publisher - a legal person or organization unit without legal personality, which the law recognizes the legal capacity emitting ads on the Internet, which fulfilled the conditions set out in these Rules, required to obtain the status of the Publisher.

2. Website - a document placed on the Web by an individual URL. Created in one of the varieties of SGML language (HTML, XML), as interpreted at the user through a browser.

3. The website - a collection of interconnected web pages, linking content, graphics and information mechanisms.

4. Target Link - an item placed in the transmission of the Internet (website, web application, mailing, etc.). When Target Link is clicked is redirecting to a landing page.

5. Target website  – Advertiser’s website or Advertiser’s websites indicated in the Affiliate Program.

6. Partnership Program - a set of rules defined individually for each advertised product, service or campaign for any Publisher. Publishers passes Playlink information on the conditions of remuneration Publishers landing page URL, the period related to the broadcast advertising, provides advertisements in the campaign.

7. Affiliate Program Network - Platform connecting Advertisers with Publishers. The platform is owned by Playlink and is supported by it. Website FunHub Affiliate Network is available at funhubnetwork.com.

8. Advertiser - directly Playlink or entity that has entered into agreement with Playlink a service contract covering the preparation and provision of Publisher Affiliate Program.

9. User - a person who carries out action as a click on an ad placed on the Publisher’s website, redirecting to Advertiser’s website.

10. Publishers page - website, where is placed a link to the Advertiser’s Website, placed by the Publisher, who participated in the Affiliate Program.

11. Creation - the advertising message text or graphic made in any technique, placed within the Internet.

12. Lead - means performance action by the User set out in the Affiliate Program, which to a landing page hit by the Party Publishers in conditions that regulates Affiliate Program. Lead may be, for example, registration in the game, filling in a form, fill in the questionnaire.

13. Sell-Lead - means performance by the User actions set out in the Affiliate Program, which to a landing page hit by the Party Publishers in conditions that regulates Affiliate Program. Sell-Lead can purchase the product or service available on the landing page.

14. The Clicking - in the Affiliate Program is a the selection and choosing by the user on the website of the Link Target Publishers.

15. Movement - term including valid Clicks, Contacts, Leads and Sell-Leads, confirmed and accepted by the Advertiser or Playlink.

16. Artificial Movement - term used to refer invalid clicks, Contacts, Leads and Sell-Leads, which were not accepted by the Advertiser or Playlink.

§ 3 - Preliminary provisions

1. In order to participate in the Affiliate Program, user is accepting the Terms and conditions of Affiliate Program, in which Publisher will participate after obtaining an authorization from the Playlink.

2. Clicking the "Register" means the unconditional acceptance of all the provisions of the Regulations. Lack of acceptance of the Regulations prevents participation in the Affiliate Program.

3. Obtaining, by the Publisher, participation access in the Affiliate Program is an agreement from the Playlink for the conclusion of an agreement on the term indicated by these Regulations (hereinafter: the Agreement).

4. The agreement may be concluded only with the Publisher having full legal capacity.

§ 4 – Affiliate Program

1. The Publisher may participate in the Affiliate Program creations using registered Affiliate Program. The use of other than registered creation requires Playlink consent.

2. Playlink may at any time close Affiliate Program or change its terms and conditions. The conditions applicable to the Affiliate Program will be made available on the funhubnetwork.com. Publisher is responsible for monitoring on an ongoing basis of any changes in the Affiliate Program.

3. The Publisher shall respect the commitments included in the Affiliate Program, in particular all provisions concerning the nature and content of the website publishers as well as the use of trademarks and logos of third parties.

4. Playlink reserves the right to renegotiate of the contract or its termination. If the Publisher does not accept the changes, the contract will be terminated and the Publisher shall immediately cease using the participation in the Affiliate Program or FunHub Affiliate Network.

§ 5 - Playlink rights and obligations

1. Playlink is required to monitor Publisher website traffic on the landing page. The resulting traffic will be represented under the terms of the Affiliate Program basis for calculating the Publisher’s remuneration.

2. Playlink provide online panel of web traffic statistics for all Publishers, which are the basis for calculating Publishers remuneration.

3. Playlink is obligated to summarize specific billing periods and settle accounts with Publishers.

§ 6 - The Publisher rights and obligations

1. Publisher is solely responsible for the compliance of their websites with all the generally applicable laws and regulations.

2. Publisher declares that all identification data owned by publishers and website listed in the Affiliate Network Program FunHub is true, complete and in compliance with applicable regulations.

3. Publisher conducting business activities is required to provide full name, registration number in the business register, office address and mailing address, if different from the registered address, VAT number, and the person authorized to represent him.

4. The Publisher conducting business activity is required to provide name, address, social security number, tax ID, and sending copies sides of an ID identifying a person by Playlink.

5. The Publisher declares that it owns the rights to all posted on the Publishers website works and that they do not infringe third party rights, including intellectual property rights, and the works and
the information cannot be considered offensive or illegal. At the same time Publisher declares that the person who owns the rights to information and works on the Publisher's website has given permission for their publication, and the Publisher has the appropriate confirmation of this agreement.

6. Publisher undertakes to maintain the infrastructure required to implement the conditions of these Terms and Conditions.

7. Publisher agrees that it will not, in any way, generate or contribute to generating artificial traffic to Advertisers' pages.

§ 7 - Remuneration

1. The terms of Publisher’s remuneration in the Affiliate Program is a component hereof and are published on the Affiliate Program.

2. The terms of remuneration is determined by Playlink and is not a subject of negotiation with the Publisher.

3. Publishers remuneration is the amount due, plus any tax on goods and services.

4. Publisher’s payable remuneration will be indicated in the report available to Publisher after logging on funhubnetwork.com

5. The Publisher shall be obliged to give details of his bank account (including bank name and branch, no branch and bank account number Publishers) on the website funhubnetwork.com.

6. Payment shall be made electronically on the invoices basis, issued by the publisher for two months in arrears to the bank account publishers, only when the last month or several accounting periods amounting to at least 50 Euro or other, higher minimum amount set on the website funhubnetwork.com and if Playlink receive payment for transactions of advertisers. If in a given period, the amount does not exceed the established minimum, amount is automatically added to the next month.

§ 8 – Playlink responsibility

1. Playlink is not responsible for any technical interruptions, errors appearing on the Advertiser’s website, tracking scripts incorrect inserting by Advertisers.

2. Playlink is not responsible for any technical interruptions, errors appearing on the sides of Publishers, tracking scripts incorrect inserting by Publishers.

3. Playlink not be held liable in cases where Advertisers, who have registered in Affiliate Network FunHub, do not fulfill their obligations in accordance with Affiliate Program rules.

§ 9 - Termination of the contract and its time duration

1. This Agreement shall enter into force on the date of acceptance by the Publisher of the provisions of these Regulations and receiving the status of the Publisher.

2. Publisher has the right to terminate this Agreement immediately, at any time. The Publisher shall discontinue using the service immediately upon termination of the Agreement and delete all links to Advertiser’s websites.

3. Playlink has the right to terminate the Agreement with the Publisher immediately in the case or the Advertiser in case of:

a. violation by the Publisher of the Agreement or the Regulations,

b. illegal activity undertaken by the Publisher. c. The inclusion of links on Publisher’s website containing: content illegal or offensive, defamatory, invasive of the good name of the person or a third party, inciting to hatred, racism, xenophobia, conflicts between nations, violating the copyright to encourage copyright infringement, content providing any viruses, Trojans or other harmful elements.

d. when the Publisher has acted in an improper attempt to generate artificial traffic to the Advertiser’s website,

e. The game Publisher generates a motivated traffic (the user is rewarded in exchange for performing an action, eg. for registration in the game),

f. when the Publisher places ads on sites that pay users, eg. for reading e-mail (GPTR) or display advertising (clickharvester systems)

g. when the Publisher places ads on website that are "a collection of" advertising, relying only on a duplicate content (ie. blogs created by machines) or on website containing pornography.

h. when the Publisher launches automatically Advertiser’s websites in separate windows at the entrance or exit from the publisher (popup, popunder, popexit),

i. substantiated cases not mentioned in the Regulations,

j. if the publisher does not generate any traffic for a period of one year.

4. Playlink has the right to terminate the Agreement by giving 14 days' notice.

5. About termination or denunciation of the Agreement, Playlink inform the publisher via Playlink website or e-mail.

6. This Agreement shall cease to be binding immediately after the dissolution, and from that moment Publishers are not entitled to any remuneration for the Affiliate Program. Publisher will not receive a compensation if the Publisher violated the provisions of paragraph 3 of this paragraph.

§ 10 - Final Provisions

1. During the term of this Agreement, and after 24 months, Publisher is required to maintain the confidentiality of information provided to publishers in connection with the implementation of the Agreement.

2. Publisher agrees to compensate Playlink for any damage or expense caused by misuse of the Affiliate Program, as due to technical problems or loss of data caused by the Publisher.

3. Publisher agrees to publish on the website funhubnetwork.com, his: full name and address of the website.

4. Playlink owns all copyright, trademarks, intellectual property rights, know-how or any other rights associated with the service or the software required to provide it. Under this Agreement, Publisher does not acquire any rights or licenses except for the right to use links to landing pages in accordance with the terms of the Agreement.

5. The Parties declare that are familiar with the text of the Regulations and include this Agreement with fair will to fulfill all of its provisions.

6. In matters not covered in the Agreement or the Regulations, apply provisions of the Civil Code.

7. Any disputes that may arise under or in connection with this Agreement, the Parties agree to settle amicably.

8. In the event of disagreement, disputes shall be settled by the court of law, appropriate for the Playlink headquarter.

9. Any changes made by Playlink in the Regulation will be placed on it’s website.