MASOFFER USAGE REGULATION FOR PUBLISHERS


MasOffer usage regulation for publishers (“Article”) provide service usage and collaborate between MasOffer (“Party A”) and partners (“Party B”) as the definition of Article 1, related to Advertising affiliate network MASOFFER.COM and be provided by Party A. Party B agree with the Article’s content and supplement (if any). Both party commit that will comply seriously and perform based on the trust.
 
Article 1: DEFINITION
“Party B” means personal or group want to receive commission from Party A by posting advertisements from Party A’s Advertiser onto website aim to attract customer to Sale websites.
“Party B’s website” means a Website is operated, managed and services usage registered by Party B.
“Advertiser” means an individual or a company need to use Services through Party A’s determinant aim to connect Visitor who visit Sale website by posting advertisements onto Party B’s website.
“Visitor” means individuals who will access Party B’s website and be forwarded to Sale website by activated link when click advertisements, which are posted onto Party B’s website by Advertiser.
“Management site” means a specialized website for Party B is provided by Party A, related to Services. By that site, Party B is able to choose advertisement that Party B wants to set up an Advertising link or confirm articles and condition for advertising fee.
“Advertising link” will be valid when Party B registers successfully into Party A’s system. Party B has initiative rights to choose advertising campaign or collaborative form available on Party A’s system to deploy advertising, product introduction.
“Advertising result” means any advertising result is derived from Visitor access Advertiser’s advertisements which are posted onto Party B’s website such as shopping or member registration, and register service’s data. The advertising result will be charged.
 
Article 2: LIMIT AND COLLABORATION METHOD
  1. Services means Advertising service on Party B’s website available on Party A’s system. If Visitor buy or register member… by click advertisement, a certain advertising fee in proportion to the advertising result will be paid through Party A by Advertiser.
Party B is able to confirm type of advertising, advertising fees, instant status of advertising…, on Management site for Party B is provided by Party A on the Internet.
  1. If an individual (hereinafter referred to as an “Applicant”) intends to become Party B, individual must register an account on Party A’s system at the link: http://masoffer.com .
By registering account successfully for Party A, Party A completely agrees to accept full of the collaboration article in the contract and collaborating regulation, payment regulation that are recorded on collaborating website of Party A.
If Applicant belongs to one of these cases, Party A is able to reject registration form. In addition, if after being approved, Party A finds Applicant belongs to one of these cases, Party A is able to cancel registration according to regulations of the contract:
  1. Applicant is under 18 years old;
  2. Applicant used to apply Services and be rejected;
  3. Registration form contains wrong information;
  4. Applicant provides provide sexual product or service;
  5. Applicant is related to investment activities which are cheat, multi-level marketing or similar things.
  6. Applicant joins illegal activities or anti-social.
  7. Applicant manages religion organizations.
  8. Applicant sells and distributes luxury products, “information product” or similar things.
  9. Others cases which is considered by Party A as not suitable:
  1. Applicant runs website belongs to one of these cases, Party A is able to reject registration form. In additions, if after being accepted, Party A finds that Website belongs to one of these cases, Party A is able to cancel registration based on Contract’s regulation.
  1. Website contains sexual contents;
  2. Website contains contents that infringes the Copyright, Commerce Copyright, content from widely known domains or intelligence property ownership;
  3. Website contains contents that is defamatory, libelous, business obstruction, honor defamation, privacy defamation, image rights or similar things.
  4. Website is related to activities which are cheat, multi-level marketing, similar things or introduce these activities;
  5. Website is related to gamble, betting (except games operated by Government, lotteries or legal games);
  6. Website contains contents that infringes laws, degrees, regulations,…, or unlawful and anti-social contents.
  7. Website contains contents that offense public morals;
  8. Website contains contents about religion, intellect;
 
  1. Website is used for relatives, friends, specific individual;
  2. Website doesn’t open to public, for example, requires account and password to access.
  3. Website have poverty or hard to understanding contents.
  4. Website contains a big amount of other websites links.
  5.  Other cases are considered by Party A as not suitable.
  1. If Party B is an organizer or a company, Party B has responsibility to provide a copy of Business registration certification, include service categories which is registered by both party. During validity time of contract, If Party B changes Business registration certification, Party B must ensure new Business registration certification include registration of service categories which is run by both Party and must announces to Party A in writing, provides Party A a copy of new Business registration certification.
 
Article 3: ADVERTISING LINKING WITH ADVERTISERS
  1. Party B choose advertisement (or Advertising linking programs) from Management site which is wanted to post onto Party B’s website by Party B.
  2. If Party B want to collaborate with Advertiser in Advertising linking, Party B submit registration after chose advertising type, advertising fee, articles and conditions to post advertisements and prohibitions on Management site. Advertising fee on Management site is included consumption tax.
  3. If Party B registers Advertising linking, advertising linking collaboration is valid and Party B has the rights to post a advertisements under standards set by Advertiser. Party B must accept advertising type, advertising fee, articles and conditions to post advertisement and prohibitions can be changed depend on Advertiser’s purpose. In case Advertiser rejects Advertising linking registration or ends Advertising linking in collaborating time, Party B isn’t allowed to ask for reasons or submit an objection.
  4. Party A and Advertiser can ranking (hereinafter referred as “Rank”) about payment fee for Party B’s website based on independent criteria and consider content, type, feature and result,…. If Party A finds that there have contract infringement, Party A is able to change Rank. Party B is not allowed to ask for reasons.
 
Article 4: SUBJECT, APPROVE AND ESTABLISH RESULT OF ADVERTISING REGISTRATION
  1. Subject of advertising result of services is the distribution of advertising result based on certain activities which is regulated by Advertiser such as shopping, documents request, member registration, click advertisement and feedback posting. Subject distribution may lead to incurred advertising fee and subject classification will be saved in server of Services. If data is implemented not by nature disaster or events being out of Party A’s control, subject of advertising result will be clarified based on data from Advertiser and Party B.
  2. Adverting result will be fixed by approval process therein Advertiser (or Party A is authorized) decides to accept or reject subject of Result.
  3. Advertising result is approved by Advertiser and Party B isn’t allowed to request Advertiser or Party A reveal accepting criteria or rejecting reason.
  4. Party A will pay advertising fee for Party B based on Advertising result is mentioned in Article 6.
 
Article 5: TRACKING
  1. Party A will keep track Party B’s regulation commitment
  2. In case Party A finds that Party B breaches the Contract or acts illegal, unlawful (hereinafter referred as “Infringement”), Party A is able to reject payment all or a part of Advertising fee.
  3. In case Party B is detected Infringement, Party A is able to cancel registration of Party B without any request. In case Advertiser or Party A are suffered losses by Party B’s Infringement, Advertiser of Party A are able to request Party B for indemnification. In addition, if Infringement of Party B is dangerous and deliberate, Advertiser and Party A are able to litigate.
 
Article 6: SERVICES MAINTENANCE
Service maintenance can be done periodically or non-periodically. Party B and Party A are not able to complain about pause Services or damage in maintenance period.
 
 Article 7: ANNOUNCEMENT, CHANGE AND CONTENT DELETION FROM PARTY B       
  1. In case Party B changes content of Part B’s Website or cannot access Party B’s Website, Party B will update immediately on Management site.
  2. Party B will not have any action that make Party B or Party B’s website become object of Article 4.3, 4.4
  3. In case Party B cannot use any Services or finds any problem related to Services, Party B need to announce to Party A immediately.
  4. In case of change in information of Services usage registration, Party B needs to update these changes in registration information. If any problem is pop up by Party B wasn’t update changes in registration information, Party B has to take responsibility for every damages, Party A is not related.
  5. In case Advertiser and Party A find that content of feedback isn’t compatible with  the limitation that feedback is being posted and request to delete it, Party B has to delete this feedback within a week since the day Party B received request.
 
Article 8: MANAGE USER NAME AND PASSWORD
  1. Party B takes every responsibility about usage and management of User name and password which are provided by Party A.
  2. Party B will not allow third party to use User name and/or password, borrow, delegate or endorse User name and/or password to ensure of get benefit for third party.
  3. In case Services is exploited by using User name and/ or password that Party B is provided, Party B will be deemed to have used Services regardless of the fact that third party has used. Party B has to take responsibility for any reason.
 
Article 9: COMPLIANCE WITH LAWS RELATING TO ADVERTISING
  1. The copyright:
  1. On Party B’s Website, Party B mustn’t act unlawful such as copyright infringement of Party A or third party.
  2. In case Party B post feedback, copyright about feedback will belong to Party B or creator.
  3. Party B accept that Copyright license (include but unlimited about Copyright, amendment rights, release rights and promotion rights) relate to feedback which registered Copyright, will be provided freely for Party A or Advertiser. In addition, Party B will not use Copyright with products registered Copyright aim to against Party A.
  1. Products related to substance and/or cosmetics
  1. Party B isn’t allowed to show or imply, promote, describe, release posts which are untrue, exaggerated or misunderstanding related to trademarks, production process, effectiveness or the effects of substance, cosmetics or medical devices.
 
  1. Except product mentioned in (1), Party B is not allowed to show or imply, promote, describe, release posts which are untrue, exaggerated or misunderstanding related to food for health and diet food,…
  1. Other applicable law:
Party B will comply laws and regulation of Vietnam related to website’s operation and advertising posting, statutes or controls posting advertisements, and do not solicit Visitor, prevent benefits of Visitor, have misunderstanding action by exaggeration.
Party B take responsibility with Vietnamese laws about Advertising product and relating information, images that Party A is provided by Party B, ensure that these Information product is lawful, unethical, habit and custom of Vietnam;
During the term of contract, Part B ensures to have fully rights usage licensing of Information product related to Party B, not infringe any rights of any third party; Party B will take every responsibility included but unlimited about responsible solves complains; indemnify damages for Part A and/or third party (if any) due to infringement actions of Party B; and ensure that Party A doesn’t have any responsibility.
 
Article 10: PROHIBITED BEHAVIORS
  1. Unless there have acceptance in writing from Party A, Party B isn’t allowed to sign in contract of Advertisement posting with Advertiser without Party A participation or force Advertiser to sign contract. Regulation’s mentioned in 14.1 will lead to cancel registration of Party B, except Party B in contract is:
  1. Advertiser  used to use Services from Party B’s introduction;
  2.  
  3. Advertiser introduce Services to Party and encourage Party B to use Services.
  1. In case Party B sign in contract of Advertisement posting with Advertiser without announcement to Party A and acceptance in writing, it means that Party B infringes regulations are mentioned in 14.1, Party A have the rights to stop collaboration and announce via email. Every benefit of Party B will be stopped at the announcement moment.
  2. Party B doesn’t have any actions which doesn’t fit with purpose of Advertiser or Services, such as: pressuring, accosting or request Visitor to click in advertisement to gain advertising fee for Party B, refer that Advertisement is using Advertising affiliate, or mention Advertising fee,…, except mention Advertiser’s warning.
  3. Party B isn’t allowed to have any deliberate action for increasing amount of Result or increasing quantity of Result by illegal method, or having unwarranted purpose, aim to gain Advertising fee for Party B or related subjects.
  4. Party B isn’t allowed to have actions (such as order or member registration) may lead to gain Advertising fee on behalf of third party.
  5. If one of these cases happen, Party B mustn’t change or push third party to change HTML which Party A uses to post Advertisement. If one of these cases doesn’t happen, Party A is able to allow Party B to change HTML. However, if change lead to problem related to Advertising result, Party B will have to take responsibility.
  1. ­Advertiser doesn’t allow to use any language but HTML which Party A will use to post Advertisement;
  2. If due to HTML change, advertising display such as banner image or advertisement content or similar content are changed;
  3. Related to payment fee according to feedback;
  4. Information in Party B’s Website have veiled advertisement; or
  5. Party A considers as unsuitable case:
  1. Party B isn’t allowed to use HTML which Party A uses to post Advertisement on any websites but Party B’s registered Website.
 
Article 11: CANCEL REGISTRATION
  1. When one of these cases happens, Party A able to cancel registration of Party B through announce to Party B and doesn’t request to amend. If Party B’s registration is canceled, Advertising affiliate with Advertiser will be canceled either. In case Party B or third party have disadvantage due to cancel registration, Party A will not take any responsibility for any reason.
  1. Detect any error in registration’s information;
  2. Cases are mentioned in Article 4.3 or 4.4;
  3. Have no necessary announcement to Party A, obstruct Services operating management;
  4. Party A isn’t able to contact with Party B, obstruct Services operating management;
  5. Party B infringe contract and can’t fix the infringement when being requested;
  6. When Party A consider as shouldn’t provide Services due to dishonest or unreliable behavior of Party B;
  7. Party B doesn’t sign up to Management site or doesn’t have any Advertisement is posted or clicked around over a year; or
  8. Party A consider Party B is unsuitable.
  1. In case registration form is canceled as mentioned in Article 15.1, Party A will not pay for any Advertising fee which haven’t paid yet at that moment.
 
Article 12: STOP ADVERTISING AFFILIATE
  1. In case contract between Party A and party B stop, Advertising affiliate between Advertiser and Party B will be stopped too. Party A will announce to Party B immediately.
  2. In case Advertiser propose to stop Advertising affiliate with Party B, Party A will announce to Party B immediately and Advertising affiliate will auto stop at the moment Party B get the announcement.
  3. In case Advertising affiliate stop as mentioned in Article 16, Advertising fee will comply with regulations in the contract.
 
Article 13: PARTY B WITHDRAW
  1. Party B can request to withdraw from Service any time.
  2. When finish withdrawing procedure of Party B, registration of Services will be canceled. In case Party B and Advertiser have been participate on Advertising affiliate, when Party B withdraw from Services, Advertising affiliate will auto stop.
 
Article 14: SOLVE ADVERTISING FEE AT THE MOMENT PARTY B WITHDRAW
  1. Party B withdraw, only pay for Advertising fee incurred at the last day of last month. Party B must accept that if Advertising fee incurred at the last day of last month is less than 500,000 VND, Party B will not request to be paid Advertising fee and Party will not receive any payment.
  2. In case Party A can’t transfer into Party B’s provided account. Party A will send Party B an announcement. If account’s information isn’t updated around a year, Party A will be dispensed from payment and Party B is considered as refuse payment. Party B must accept regulations mentions in Article 18.2
Article 15: HANDLE PERSONAL INFORMATION
  1. Party A will comply with “Privacy policy” is built for handle personal information (be consider as information can help to determine identity such as name, date of birth or other description information) which Party A gain from providing Services.
  2. To prevent wrong behavior about Advertising affiliate services, Party A will use and share information about wrong behavior of Party B (such as Party B’s name,  information of registered Website, address, bank account). Party B must accept all of the term in this article.
  3. If one of these cases happens, Party A is able to reveal registration information and transaction data of Party B which gain from Advertising operation ( or Advertising affiliate program):
  1. Court, police, tax authorities or other administrating representation emitted or inquire.
  2. Reveal information of Advertisements (or Advertising programs) to Advertiser within Services operating framework; this article is only applied when Party A signed in information security with Advertiser.
  1. Party A will use and reveal statistics information or similar information which related to Party B but useless in recognizing identity of Party B.
 
Article 16: INFORMATION SECURITY
Party B isn’t allowed to reveal to third party about technology information, business, revenue of Party A or Advertiser which related to Service participating and is considered as secret information, except public information. This regulation will keep effecting even after registration form of Party B is canceled.
 
Article 17: INTELLECTUAL PROPERTY OWNERSHIP
Any and every copyright, commercial license and other intellectual property ownership related to Services all belong to the ownership of personal provided those rights, such as Party A or Advertiser. Party B uses all or a part of system or content Advertising affiliate that Party A provides in allowed framework of Party A or Advertiser and do not have out-of-allowed framework behavior which infringe copyright,…such as copy, print, publish and widely distribute to public or third party have these behavior.
 
Article 18: PAUSE, CHANGE, ADJUST, IMPLEMENT AND DELETE SERVICES
 Party A is able to pause, change, adjust, implement or delete Services at any time. If consider as necessary, Party B can be apprised about these behavior by Party A.
 
Article 19: EXCHANGE INFORMATION
  1. Party A will announce or exchange information with Party B via email or upload onto website of Services.
  2. In case Party A exchanges information via email, these information is considered as being received by Party B in the day Party A send email.
  3. In case Party B changes email address or registered mobile phone number, Party B have to announce immediately about these change and if Party B get no announcement from Party A, Party A will not take any responsibility.
 
Article 20:  RESPONSIBILITY EXEMPTION
Party A have no responsibility to compensate for any damages that Party B have to suffer because of using Services except damages happen by intentional or flagrant carelessness from Party A.
 
Article 21:  DAMAGE COMPENSATION RESPONSIBILITY
  1. In case Party B damages Party A or Advertiser, Party B have to compensate damages.
  2. If there have problem between Party B and third party, Party B have to take every responsibility and expense to solve problem. In case Party A get damages because of above problems, Party B have to compensate damage for Party A.
 
Article 22:  DON’T DELEGATE ANY BENEFIT
Except Party B has agreement license from Party A, Party B has no rights to delegate a part or all of benefit under the contract for third party, do not endorse benefit above to ensure or allow third party to use benefits above.
 
Article 23: FORCE MAJEURE SITUATION
Party A take no responsibility of no-enforcement or delay all or a part of Services because of reasons which are out of Party A’s control, include but unlimited natural disaster, fire, earthquake, demonstration, flood, storm, epidemic disease, riot, terrorism, war, government laws, disruption, damage communication service or Internet connection.
 
Article 24: OTHER AGREEMENT
  1. Any information related to Advertiser or Advertising content about product, service which Party A provide Party B by using Services is in the present, Party A doesn’t ensure the completeness, accuracy and usefulness of the information mentioned above in the future, Party A takes no responsibility for any consequences which Party B posted Advertisement when using Services.
  2. According to this, Party B represents and commits that Party B isn’t belong to one of the following cases. If Party B is detected faked declarations and commitments mentioned above, party B agree to be canceled Service registrations. In addition, Party B agree that Party B or organizations which Party B participate in have damage, Party B will take full responsibility:
Party B declares that in using Services period, Party B is not belong to one of the following cases and commit not to become the object of one of the following cases:
i.    Organized Crime Group;
ii.   Members of the Organized Crime Group;
iii.  An individual used to be members of the Organized Crime Group, amount of time from withdrawal to present haven’t been over 5 years;
 iv. Unofficial member of the Organized Crime Group;
v.   Party A affiliated with gang of organized crime;
vi.  Extort Parties A, for example, the illegal organizations which masquerading monetize social campaign or social intelligence violence unit; or
vii. Individuals (hereinafter referred as “Organized Crime Group Member”) i.    Active individual controlled by Organized Crime Group Member;
ii.   Individual with major activities related to Organized Crime Group Member;
iii.  An individual or entity that is deemed to unduly take advantage of an Organized Crime Group Member, among other things, in order to obtain illegal interests for himself, itself or for a third-party or to cause damages to a third-party;
 
i.    Individual provide funds or infrastructure for Organized Crime Group Member;
ii.   Employees or shareholders of Party A relate to Organized Crime Group Member. i.    Petition based on violence;
ii.   Petition by illegal behavior or being destructive, not recognized by the law;
iii.  Related to threatening transaction, verbalism/ action or implement violent behavior;
iv.  Damaging the reputation of Party A by spreading wrong information, using deceptive method or violence to disrupting business of Party A; or
v.   Having similar actions mentioned above.
      1. In case registration of Party B is canceled based on regulations mentioned above, party B mustn’t complain Party A for any damages caused by cancelling registration.
 
Article 25: VALIDITY PERIOD OF THE CONTRACT
  1. This contract will be applied and taken effect from the day Parties sign in it and Party B submit participating registration.
  2. The contract can be changed or supplemented at any moment depend on Party A and Party B is considered as approved the changes and supplements when being announced and continue to using Services.
  3. Except clearly regulated case, the changed, supplemented contract will be applied and taken effect from the moment the Contract above is posted on Website provided Services and control relationship between Party B and Party A.
 
Article 26: ADJUSTING REGULATION
  1. The laws of the Republic of Vietnam shall govern and apply to the TOS and the relationship between Party B and Party A.
  2. All disputes and conflicts related to Term of using Services will be solved by both Party with the most amicable way.
  3. Any disputes or conflicts can’t be solved amicably will be litigate to the court and adjudged by law, hereby, Party A and Party B agree that judgment of the court is competent in interrogating and solving lawsuits
 
By registering account successfully in http:// masoffer.com, it means that Party B agree with all of articles mentioned in this Collaborating regulation of Party A.
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