Terms of Use

Conditions for Using the Site and Service and Rules of Liability

  1. Technical requirements concerning the use of the Site and the Service are as follows:
    1. Internet connection;
    2. web browser enabling displaying of hypertext documents (HTML) on a computer screen which are linked with the Internet through a website with activated Java Script execution and writing cookies files; and
    3. valid and active e-mail account.
  2. It is Publisher's responsibility to ensure that the equipment owned by him as well as the software used meets the above requirements and allow him to use the Site and the Service.
  3. Before starting the use of the Site and the Service, Publisher is obliged to familiarize himself with the provisions of these Terms of Use and with the Privacy Policy. Access and use of the Site and the Service is equivalent to accepting these Terms of Use and the Privacy Policy.
  4. Publisher undertakes to respect the Terms of Use while using the Site and the Service, both in its current wording and with any later amendments.
  5. Publisher can hold only one account The account cannot be transferred to third party or used by such a third party.
  6. Publisher undertakes to abstain from any actions that could hinder or destabilize the operation of the Site or use of the Service. The Provider may, without any previous notice, undertake any action available, inclusive of a demand for compensation, as a response to any malicious activities or any other breach of the applicable law or these Terms of Use. Without limitation, the actions referred to in the previous sentence shall be as follows:
    1. attempts at disturbing or cutting off access to subscriptions of other Publishers or to their computers (DOS, DDOS attacks, DNS spoofing);
    2. phishing, that is falsifying information which permits to identify Publisher or hiding such information without having first obtaining a written consent;
    3. entering malicious software into the system or onto the computers of the Provider, especially inclusive of viruses, Trojan horses or internet bugs;
    4. unauthorized scanning of the network of other Publishers in search of security gaps;
    5. unauthorized monitoring of network traffic or other attempts of intercepting information reserved for the Provider or to other Publishers;
    6. unauthorized attempts at breaking the security of a computer or network of another Publisher;
    7. pharming, that is the use of malicious software, disturbing the operation of DNS servers or other means aimed at redirecting Publisher to a website or to another site impersonating the Site in order to gather personal data of the Publisher, the data necessary for logging or other information;
    8. taking over IP addresses;
    9. direct or indirect sending, collection, sale or distribution of e-mail addresses for the purposes of sending mass unsolicited correspondence (spam).
  7. Without limiting any other provision in these Terms of Use, Publisher may not use the Site to do the following or assist others to do the following:
    1. threaten, defame, stalk, abuse or harass other persons or engage in illegal activities;
    2. link to the Site from another website or transmit any material that is inappropriate, profane, vulgar, offensive, false, disparaging, defamatory, obscene, illegal, sexually explicit, racist, that promotes violence, racial hatred, or terrorism, or the Provider deems, in its sole discretion, to be otherwise objectionable;
    3. frame the Site, display the Site in connection with an unauthorized logo or mark, or do anything that could falsely suggest a relationship between the Provider and any third person or potentially deprive the Provider of revenue (including, without limitation, revenue from advertising, branding or promotional activities);
    4. violate any person's or entity's legal rights (including, without limitation, intellectual property rights or privacy rights), transmit material that violates or circumvents such rights or remove or alter intellectual property or other legal notices;
    5. transmit files that contain viruses, spyware, adware or other harmful code;
    6. advertise or promote goods or services the Provider deems, in its sole discretion, to be objectionable (including, without limitation, by sending spam);
    7. interfere with others using the Site or otherwise disrupt the Site;
    8. transmit, collect or access Publishers’ personal data without the consent of those Publishers and the Provider;
    9. engage in unauthorized spidering, “scraping” or harvesting, contact or other personal data or use any other unauthorized automated means to compile information;
    10. defeat any access controls, access any portion of the Site that the Provider has not authorized Publisher to access.
  8. Publisher may not use the Service for any illegal or unauthorised purpose. Publisher must not, in the use of the Service, violate any laws in his jurisdiction (including but not limited to copyright laws). In particular, Publishers are prohibited from:
    1. advertising their adlinkfly.ch URL links directly on any form of traffic exchange/PTC website;
    2. placing their Adlinkfly.ch URL links anywhere that may: (i) contain any types of content that is threatening, harassing, defamatory, obscene, harmful to minors, or contains nudity, pornography or sexually explicit materials; (ii) contain any viruses, Trojan horses, worms, time bombs, cancel bots, or other computer programming routines that are intended to damage, interfere with, surreptitiously intercept or expropriate any system, data, or personal information; (iii) contain software or use technology that attempts to intercept, divert or redirect Internet traffic to or from any other website, or that potentially enables the diversion of Publisher commissions from another website;
    3. shrinking URL links which link to the websites containing the above mentioned content;
    4. offering any incentive for a visitor to click on their Adlinkfly.ch URL links, including gifts/points/cash;
    5. asking/begging people to click on their Adlinkfly.ch URL links simply to generate a revenue;
    6. creating 'redirect loops' to generate a revenue;
    7. spamming with their Adlinkfly.ch URL links anywhere, including forums/chat/comments/blogs;
    8. participating in click 'rings' where Publisher clicks on others links in return for others to click on his Adlinkfly.ch URL links;
    9. opening their Adlinkfly.ch URL links in a popup / popunder or iframe;
    10. automatically redirecting to websites with JavaScript redirect or meta-refresh (only a HTTP redirect is allowed);
    11. clicking on their Adlinkfly.ch URL links on their own (Publisher may click on his own URL link one time to test it. Publisher may not create URL links solely to "test" them.).
  9. The only legitimate way to open the Adlinkfly.ch URL link is with a mouse click. Additionally, only the Adlinkfly.ch URL link must be opened when a user clicks on the link. No other links / windows must be opened. The Provider reserves the right to not pay for clicks generated by Publishers on their own Adlinkfly.ch URL links or on our ad formats displayed on the Publisher’s website as well as for clicks made by using the same IP address more than five (5) times. Publishers will be paid for clicks on the Adlinkfly.ch URL link and our ad formats displayed on the Publisher’s website, providing a paying advertisement is viewed for at least 5 seconds and referrals have cookies, JavaScript and Adobe Flash installed and enabled.
  10. To Adlinkfly.ch URL links and ad formats displayed on the Publisher’s website cost per mile (cost per view) monetization model applies with exclusion of Pop Ads. Monetization of Pop Ads displayed on the Publisher’s website is made on a basis of revenue share scheme. Monetization model can be a subject to change at the Provider’s discretion. Monetization model can be individually agreed between the Publisher and the Provider.
  11. Publisher will be paid 20% of revenue generated by new Publishers who have been referred to the Site by this Publisher. Revenue generated by a new Publisher by displaying Pop Ads on the Publisher’s website is not taken into account for the calculation of the referral fee.
  12. The Provider may without prior notice, terminate an agreement, suspend or permanently remove the access to the Service of the Publisher, if any meaningful spam complaints naming the Provider or the Site result from Publisher's marketing activities. The Provider does not condone spamming and any complaints received due to misuse of the Service may result in the forfeit of any money accrued by Publisher.
  13. Payments from the Provider are made through PayPal, Payoneer and WebMoney roughly once per month. Publisher must have a valid PayPal, Payoneer or WebMoney account to receive a fee, as the Provider does not offer payment via cheque/check, credit card, cash or other method. The minimum amount available for a withdrawal is USD$5 for PayPal and WebMoney and USD$20 for Payoneer. If the minimum is not met in time for the payment cycle, the payment will not be made until the next monthly billing cycle in which the minimum of USD$5 or USD$20 for Payoneer has been reached.
  14. Cost per view rates and revenue share scheme are subject to change at the Provider's discretion. Basic revenue share scheme in 80% (for the Publisher) and 20% (for the Provider) of a net income earned by the Provider from Pop Ads displayed on the Publisher’s website. Revenue share scheme can also be agreed individually between the Publisher and the Provider.
  15. The Provider will only pay for clicks that are automatically tracked and reported by our system. For our system to track the click, the visitor must have cookies enabled. We will not pay fees if the click was not tracked by our system.
  16. The Provider reserves the right to disqualify any fees earned through fraudulent, illegal, or overly aggressive, questionable sales or marketing methods.
  17. All fees are exclusive of all taxes, charges, levies, assessments and other fees of any kind imposed on your involvement in the Service and shall be the responsibility of, and payable by Publisher.
  18. If Publisher is found or reported breaking any of the provisions of these Terms of Use, his account will be removed and all fees forfeited.
  19. The Provider is authorized to immediately, without prior notice, terminate an agreement, suspend or permanently remove the access to the Service of the Publisher who breaches these Terms of Use.
  20. If Publisher uses a Contact Form, and/or Sign-up Form he is obliged to give real information, true to facts of the case.
  21. The Provider undertakes to ensure possibly the highest quality and stability of the Site and the Service, however within the maximum extent allowed by applicable law, the Provider shall not be liable for any breaks or disturbance caused by force majeure or unauthorized activity of third parties.
  22. Within the maximum extent allowed by applicable law, the Provider shall not be liable for temporary inability to use the Site or the Service, caused by the implementation of new solutions and facilities within the framework of the Site. As much as possible, the Provider will be notifying Publishers of any scheduled breaks in the Site operation and the Service accessibility or any inconveniences that may occur in its use. The Provider reserves the right to conduct maintenance works on the IT system equipment used to provide access to the Site and the Service, which may temporarily cause difficulties or make it impossible for Publishers to use the Service.
  23. In special cases affecting the security or stability of the Site and the Service, the Provider reserves the right to temporarily reduce or suspend the access to the Site without previously notifying Publishers and to conduct maintenance works aimed to reinstate the security and stability of the Site and the Service.
  24. Within the maximum extent allowed by applicable law, the Provider shall not bear any liability in case of other Publishers or third party submitting any claims towards the Provider regarding a breach of the Terms of Use or the law in force, either by other Publishers or by third party. Only Publisher or third party being in breach of the law in force shall be liable in such a case.

Moment of Concluding of the Agreement

  1. An agreement for providing access to the Site and the Service is concluded upon signing up in the Site and simultaneous familiarization with these Terms of Use and Privacy Policy. Publisher cannot access and use the Site and the Service without prior acceptance of these Terms of Use and Privacy Policy.
  2. Subscription to the Service may be made by accessing the Site, filling a Sign-up Form and clicking on "SIGN UP NOW" button.
  3. Publisher can terminate the agreement for providing access to the Site, effective forthwith, at any time and without stating any reasons. To that aim, the Publisher needs to submit a relevant declaration of intent through the following Contact Form.
  4. Publisher may stop using the Site and the Service at any time
  5. According to Article 10 sec. 3 par. 5 of the Polish Act of 2 March 2000 on the protection of certain consumer rights and on the liability for damage caused by a dangerous Service (Journal of Laws of 2000 No 22, item 271 as amended) the Publisher, who concluded an agreement for providing access to the Site and the Service, has no right to withdraw from this agreement but has the right to terminate the agreement for providing access to the Site and the Service at any time.

Complaints

  1. Publisher has the right to lodge a complaint if the Provider does not fulfil its obligations specified herein or if the Provider fulfils them in a manner contrary to the provisions hereof.
  2. A complaint can be lodged through the following Contact Form or by way of a traditional letter send to the following address: Red Sky Sp. z o.o., Aleja Piastów 22, Szczecin 71-064, Poland. A complaint should include in particular the problem constituting the basis for a complaint and Publisher identification information (name, e-mail address, and in case of a traditional letter also a correspondence address).
  3. The Provider reserves the right to contact Publishers if further information is required and Publisher is obliged to supply it promptly.
  4. Within fourteen (14) calendar days of receiving Publisher’s complaint in proper form the Provider will:
    1. complete its internal investigation and advise Publisher of its decision; or
    2. inform Publisher that it needs more time to complete the investigation.
  5. If a complaint cannot be considered in the specified deadline, the Provider shall in that time notify by e-mail Publisher submitting a complaint of the reasons for such a delay and the expected date for complaint resolution and additionally provide Publisher with weekly updates of the progress of the investigation, except where the Provider is waiting for a response from Publisher and the Publisher has been advised that the Provider requires Publisher’s response.
  6. A complaint should be submitted within thirty (30) calendar days as of the moment when the reasons for the complaint have become apparent.
  7. On completion of the investigation, the Provider will advise Publisher of the outcome and the reasons for its decision with reference to the relevant provisions of these Terms of Use.
  8. If Publisher is not satisfied with Provider’s decision with respect to the lodged complaint, the Publisher may wish to take the matter to an external independent dispute resolution.
  9. A reply to a complaint shall be sent to an e-mail address or a correspondence address indicated by Publisher submitting a complaint.
  10. Provider shall not consider complaints resulting from ignorance of the law in force, provisions of these Terms of Use, or the information announced on the Site.
  11. If the conditions of a complaint procedure are breached, a complaint may not be taken into consideration.

Intellectual Property

  1. The Site and the Service and all rights related thereto are the exclusive property of the Provider or third parties. All creative elements placed on this Site are protected by intellectual property rights, and in particularly by copyright. All trademarks, logos, graphics, photographs, animations, videos, texts and other distinctive signs appearing on the Sites are the intellectual property of the Provider or third parties. Therefore, they may not be reproduced, used or represented without the prior written authorization of the Provider or third parties.
  2. Publisher hereby undertakes to respect intellectual property rights (including author's economic rights and industrial property rights, as well as the rights resulting from registration of trademarks) to which the Provider or third parties are entitled.
  3. On the condition that the Publisher complies with all his/her obligations under these Terms of Use, the Provider hereby grants to Publisher a limited, revocable, non-exclusive, non-assignable, non-sublicenseable right to access and to use the Service as the Provider intends the Service to be used, and only in accordance with these Terms of Use. Provider grants to the Publisher no other rights, implied or otherwise. Publisher will not nor will Publisher allow any third party to: (i) copy, modify, adapt, translate or otherwise create derivative works of the Service; (ii) reverse engineer, de-compile, disassemble or otherwise attempt to discover the source code of the Service, except to the extent applicable laws specifically prohibit such restriction; (iii) rent, sublicense, lease, sell, assign or otherwise transfer rights (or purport to do any of the same) in or to the Service; and (iv) use, post, transmit or introduce any device, software or routine which interferes or attempts to interfere with the operation of the Service. Publisher will use the Service solely for his/her own internal use. Publisher will comply with all applicable laws and regulations relating to the use of and access to the Service. Publisher may not provide access to the Service to third parties. The license granted above and Publisher's right of use of the Service will terminate immediately if Publisher fails to comply with these Terms of Use.

Personal Data Protection and Privacy Policy

  1. The collection, use and disclosure by the Provider of Publisher’s personal data are governed by the provisions of the Privacy Policy, available on the Site. Publisher consents to the use and disclosure of Publisher’s personal data in the circumstances stated in that Privacy Policy.
  2. Publisher shall carefully read the full Privacy Policy before deciding to become Publisher.
  3. In case Publisher is making use of the Site or the Service in a manner violating these Terms of Use or the law in force, the Provider shall have the right to use the Publisher’s personal data within the scope necessary to establish his/her liability. In such a case the Provider shall notify the Publisher of his/her committing illegal activities with a demand of their immediate cessation.

Final Provisions

  1. The Terms of Use enter into force on Okt., 2016.
  2. The Terms of Use are available to Publishers here.
  3. The Provider reserves the right to modify, supplement, replace or change otherwise these Terms of Use at any time, and in particular by changing the fees payable, introducing new fees, introducing new Terms of Use, for one or more of the following reasons:
    1. to comply with any change or anticipated change in any relevant law or code of practice;
    2. to reflect any decision of a court, ombudsman or regulator;
    3. to reflect a change in our systems or procedures, including for security reasons;
    4. as a result of changed circumstances (including by adding benefits or new features to the Site);
    5. to respond proportionately to changes in the cost of providing the Service; or
    6. to make them clearer.
  4. If any law regulates a change the Provider decides to make, the Provider can only make the change to the extent permitted by the law.
  5. If a change is required in the Provider’s view to restore or maintain the security of the Service, the change may be made immediately and without prior notice to Publishers.
  6. In case of any modifications, supplements, replacements or other changes of these Terms of Use the Publisher will be informed about them by means of the appropriate announcement posted on this Site's home page. Modifications, supplements, replacements or other changes take effect on the date specified by the Provider, which may not be earlier than fourteen (14) calendar days from the date of the said announcement. The Publisher who does not agree to the modifications, supplements, replacements or other changes of these Terms of Use may terminate the agreement with the Provider and shall forthwith inform the Provider about that by sending the relevant declaration using the following Contact Form. Termination shall become effective upon receiving Publisher’s statement but not earlier than on the date of entry into force of the amended Terms of Use. Continued use of this Site after modifications, supplements, replacements or other changes have been effectively made to these Terms of Use indicates Publisher's acceptance of the amended Terms of Use.
  7. Neither party to this agreement may assign or transfer any of their rights or obligations under the agreement without the prior consent of the other. If undertaken pursuant to a merger, reorganization or restructuring involving the Provider, or the sale of its business by the Provider, the Provider may, by notice to Publisher, transfer or assign its rights, or novate its rights and obligations, under these Terms of Use and the Publisher will be deemed to have consented to such transfer, assignment or novation.
  8. The Terms of Use shall be governed by the laws of the Republic of Poland, without regard to its conflicts of laws principles.

If you have any queries regarding or comments on these Terms of Use, please e-mail us using the following Contact Form