Terms and conditions
The parties to this Agreement are partners of the Optifyme.com media buying tool (any natural or legal person) and the Administration of Optifyme.com (represented by the owner and/or system administrator). The Agreement is deemed a public offer and it shall enter into force after the acceptance thereof by way of registering a Partner in the Optifyme.com System. If a Partner uses the Service, it is presumed that the Partner agrees with all the provisions of this Agreement and all the provisions of the terms and conditions of the use of the Service available at http://optifyme.com/terms
Terms and definitions
Partner network (System) is a complex of hardware and software operating in the Internet at the permanent URL: http://optifyme.com.
Service is the administration of the Optifyme.com system, its representatives and services.
Advertiser is a person that purchases services from the System.
Partner (webmaster) is a person receiving services from the Optifyme.com system.
Account is a non-public part of the website http://optifyme.com/, that allows a Partner to view and manage their accounts, advertising campaigns, and integrations.
Panel (panel.optifyme.com) is a set of necessary tools (services) provided by the System to a Partner to manage their account.
1. Subject of Agreement
1.1. The System shall provide services and tools to the Partner. Partner shall pay the system monthly for continuing use of the services. System shall provide services that follow rules exactly as provided by the Partner.
2. Rights and obligations of the Partner
2.1. The Partner warrants that s/he has all the necessary authority to enter into, and perform, this Agreement and that the provision by a Webmaster of the services stipulated in Section 1.1 herein does not contravene legislation or the Webmaster`s obligations to third persons nor infringe upon the rights and lawful interests of third persons and/or the Service in any other way.
2.3. The Partner shall submit an application for the payment of remuneration in a timely manner in accordance with the internal rules of the Service.
2.4. The Partner shall notify the Service of all the technical problems related to the access to the System.
2.5. The Partner shall contact the support team regarding all the issues arising in the course of work and respond to requests from the Service Administration in a timely manner.
2.6. The Partner shall not:
2.6.1. Create more than one account in the system;
2.6.2. Share Partner account information with anyone.
3. Rights and obligations of the Service
3.1. The Service has the right to:
3.1.1. Collect personal data about users of the Service under the Service Confidentiality Policy for Provided Information;
3.1.2. Suspend the provision of services or limit access to the Service for Partners violating the terms and conditions of this Agreement;
3.1.3. Having discovered a violation of this Agreement, block the Webmaster`s account;
3.1.4. Refuse to disclose to a Webmaster the reasons of blocking his/her account, if such disclosure infringes upon the Service`s interests in any way;
3.1.5. Refuse to provide to a Webmaster any information without the corresponding order of a competent authority;
3.1.6. Amend and supplement this Agreement without prior notification of the Partners;
3.2. The Service shall:
3.2.1. The uninterrupted operation of the Service is not guaranteed. The Service shall notify the Users of scheduled maintenance (where possible). No notices of failures or interruptions in the Service operation are given if the cause of the problems is beyond the Service`s control.
3.2.2. Upgrade and expand the technical capabilities and functionality of the Service to all active partners;
3.2.3. The Service shall not be liable for the operation of an Partner website.
4. Monetary and settlement procedure
4.1. Partner shall pay for System services on time in order to avoid service interruption.
5.1. The Parties have agreed to keep in secret and consider as confidential the terms and conditions of this Agreement and all the information received by one Party from the other Party during the performance of the Agreement and they shall not disclose, publish or provide in any other way such information to any third party without prior permission granted in writing by the Party that provided such information.
5.2. Each Party shall take all the necessary steps to protect Confidential Information at least as diligently as it protects its own confidential information.
5.3. The obligation to keep Confidential Information secret enters into force at the moment of acceptance of this Agreement and remains in force for 3 (three) years after the expiration or termination of the Agreement through any reason.
6. Liability of the Parties
6.1. Neither Party shall be liable to the other Party or the customers (clients, Webmasters) thereof in connection with the performance of this Agreement for any consequential/indirect losses and/or loss of profit of the Party and/or third persons, loss of information, loss of production/business irrespectively whether the Party could have foreseen a possibility of causing such losses in a specific situation or not.
6.2. If a Partner violates the terms and conditions of Section 2.6 herein, the Service has the right to refuse to perform the terms and conditions of the Agreement and immediately terminate the Agreement unilaterally and extrajudicially, whereas the Services shall not be considered as provided by the Partner and shall not be paid for by the Partner.
7. Period and termination of the Agreement
7.1.1. This Agreement enters into force from the moment of the acceptance thereof by way of registration in the System and remains in force until one of the Parties sends to the other Party (also by e-mail) a written notice of the termination of the Agreement; a notice sent by the said means shall be deemed by the Parties a proper legal document executed in an unattested written format.
7.1.2. In the case of termination of the Agreement, Service shall be immediately terminated.
7.2. The Agreement may be terminated:
7.2.1. By agreement of the Parties.
7.2.2. By the Service, if a Partner has violated the terms and conditions of the Agreement, immediately after the violation has been determined, whereas all the accrued amounts for the Webmaster shall be cancelled.
7.2.3. After 180 days from the day when the user last signed in his account in the Service, he is assigned the status of an inactive user. In this case, his account is automatically deleted from the system and all the future charges made to him are canceled.
7.2.4. By any Party with a written warning of the other Party by e-mail or by fax at least 5 (five) days prior to the proposed date of termination.
7.3. In the cases specified in Section 7.2.2 a unilateral notice by e-mail is permitted.
7.4. Obligations of the Parties under this Agreement that must remain in force due to their nature (including but not limited to obligations concerning confidentiality, settlements, use of information) shall remain in force after the expiration of the Agreement.
8.1. The Service has the right to amend the Agreement unilaterally without prior notice given to a Partner.
8.2. The applicable revision of the Agreement is available at: http://optifyme.com/terms