AdMana

Terms & Conditions

AdMana ACTIVELY monitors traffic for Fraud. If we detect Fraud, your account will be made inactive pending further investigation.

All web sites, newsletters, companies, or individuals need official approval from AdMana (http://www.AdMana.Net) before they can become an (Affiliate/Publisher/Partner). Only web sites, App, Blogs and newsletters that have been reviewed and approved are permitted to use the programs. AdMana reserves the right to withhold or refuse approval on any web site, newsletter, company, or individual for any reason, whatsoever. Publisher will be notified of Publisher’s acceptance or rejection via email. We may reject Publisher’s application or terminate Publisher’s account at any time, in Our sole discretion.

In order to be eligible for “Leads Program” Publisher approval, all web sites and newsletters must meet the following criteria:

Publisher will provide AdMana with a PAN/VAT Number or other form of identification reasonably requested for payment and/or identification purposes. Publisher’s failure to supply the required information will constitute a basis for terminating these Terms and Conditions and for forfeiting any Advertisings to which Publisher would otherwise be entitled under these Terms and Conditions. We will not accept applications with PO Box address.

Lost Check/Cheque: If the publisher looses or misplaces his check, he will only be issued a new one after six months of check issue. He can choose to get paid via an alternate payment method after six months have lapsed. AdMana is not held responsible if the Publisher looses or misplaces his check.

AdMana may also require a proof of identity and address. Publisher’s failure to supply a copy of Government issued identity card and a utility bill may lead to frozen payments. AdMana may also require Publisher to produce a copy his documents for further investigation.

In order to be approved as a “Click Program” Publisher, all web sites and newsletters must meet the following criteria:

If you fraudulently add leads or clicks or inflate leads or clicks by fraudulent traffic generation (as determined solely by AdMana, such as pre-population of forms or mechanisms not approved by AdMana.), you will forfeit your entire Advertising for all programs and your account will be terminated AdMana reserves sole judgment in determining fraud, and you agree to this clause.

It is the OBLIGATION of the Publisher to prove to AdMana that they are NOT committing fraud. AdMana will hold your payment in ‘Pending Status’ until you have satisfactorily provided evidence that you are not defrauding the system.

We flag accounts that:

Filling out Publisher Sign Up form constitutes an agreement between AdMana and the Publisher. The Advertising payment that is generated to the Publisher varies per registered subscriber to the programs offered and/or per clicks. This Advertising payment is usually made 30 days after the end of the month and after receiving payment from the Advertiser.

We pay within the first week of every month after the stipulated hold cycle of 30 days (as mentioned above) is reached.

Delinquent Advertiser payments received by AdMana will be credited to the Publisher in the month that they are received. AdMana does not guarantee payment to the Publisher if the Advertiser does not pay AdMana.

AdMana is not liable to pay any overdue interests for delay in payments.

As a member of the Program, Publisher understands that Publisher is an independent contractor and not an employee, agent, legal representative, or franchisee of AdMana. Publisher further agree and understand that you have no authority to incur any debt, expense or obligation on behalf of, for, or in the name of AdMana.

Advertising rates are subject to change from time to time, without notice upon posting on Our Website. Money will only be paid if the User to an approved Program website can be tracked by the system from the time of the click on Publisher’s Link to the time of the sale. No money will be paid if the User’s payment to the Program cannot be tracked directly to Publisher’s site by Our System or if full payment for services is not made by the User. AdMana reserves the right, in its sole and exclusive discretion, to alter or modify the Program at any time including the method and terms of all payment benefits to Publisher. Any changes posted to the payout details (before and/or after the lead/sale has been generated) shall be binding upon Publisher immediately upon posting the changes. The money due to the publisher are also subject to approval by the advertiser within the 30 days payment cycle. It shall be Publisher’s obligation to check the payout details to determine if there have been any changes in the Program.

Publisher agrees not to carry objectionable materials on their web site which would revoke their affiliation as determined by AdMana. Publisher will only run approved banners and text in their advertising of our programs and will NOT create their own banners or advertising text, unless expressly approved in writing from AdMana. Violation of this forfeits your Advertisings. Publisher WILL NOT spam or send unsolicited email mentioning or promoting the Publisher programs. Any violation of this will result in the Publisher being liable for damages of $100.00 per email sent and other damages as deemed by a court of law.

Publisher may use any form of promotion Publisher chooses, consistent with the terms of these Terms and Conditions and the law. Publisher may use banner advertisements, button links and/or text links (collectively hereafter the “Links”), contextual links for popup advertisements and email that is compliant with all laws of any jurisdiction in which the email is required to comply with (including but not limited to the CAN-SPAM Act of 2003 http://www.spamlaws.com/federal/can-spam.shtml (“CAN-SPAM”)) to approved websites within the Program. Allowable promotional Links may contain AdMana’s trade names, service marks, and/or logos for display on Publisher’s Affiliate Site. Publisher may use the banners and buttons provided by AdMana and available for download on Our site. Please only use the links in our affiliate area. We may refuse to pay Advertisings for Publisher’s use of creatives that were not approved by us. If the campaigns say WEB ONLY, those are only allowed on websites. If the campaigns say EMAIL ONLY, Publisher must limit any emailing to lists that are fully compliant with all state and federal law (including CAN-SPAM). If campaigns say CONTEXTUAL LINK ONLY, please use those links if you want to send traffic directly to the Programs’ website(s). This type of advertising is mainly used for popup networks or text links.

Bulk Email: Publishers are required to follow all laws (state, federal or otherwise) related to bulk email, these Terms and Conditions as well as the terms of any third party ISP, hosting company or website Publisher use related to Publisher’s sending email pursuant to these Terms and Conditions. Publisher is required to follow all laws or other requirements in order to remain an Affiliate of AdMana and to receive Advertisings. While the use of bulk email is not per se illegal, any use of email lists must be done in strict compliance with the law and the terms and conditions of third party ISPs and hosting companies. Publisher need to be aware of the fact that many service providers, such as America Online, Inc., Microsoft (through its MSN and Hotmail services), as well as many other hosting companies may have their own standards and policies when it comes to sending email to their members. Publisher represent that Publisher are familiar with these policies and agree to abide by the terms and conditions.

Spam: We have a strict policy regarding unsolicited commercial electronic mail (“SPAM”) and will not tolerate any SPAM as defined by the CAN-SPAM Act (15 U.S.C. §7701 et seq.); any state laws, or any applicable international laws (by way of example, Publisher should be familiar with laws concerning SPAM, including those set forth in http://www.spamlaws.com/federal/can-spam.shtml). Should We receive complaints of SPAM sent by an Affiliate, AdMana has the right to take any and all steps reasonably necessary to investigate whether the Affiliate has improperly sent SPAM and AdMana may issue a warning or may suspend or terminate an Affiliate at any time based upon the results of AdMana’s investigation. The determination of what steps should be taken will be evaluated by AdMana on a case by case basis. The factors that will determine the actions taken by AdMana may include, but not be limited to, the number of improper emails sent, whether Publisher have received any prior complaints, Publisher’s response to any complaints and Publisher’s explanation of any complaints. Publisher will also be liable to pay compensation for any damage/loss incurred (as mentioned above) to AdMana.

If Publisher promotes AdMana’s Programs using email, Publisher’s email lists should be updated regularly to remove any individuals that request removal. Publisher should refrain from using proxies or using deceptive header information that may cause a potential User confusion. We strongly recommend the use of “opt-in” email lists and “double opt-in” whenever possible. Any email recipient should have requested or agreed to receive information regarding the types of business promoted by AdMana’s Programs. All house generated lists must have record-keeping including IP address and date stamp to prove that the list subscriber has indeed requested mail from the sender’s sites.

Editing of an Advertiser’s program images or copy is strictly prohibited. Publisher will only use approved banners and text to link to an Advertiser’s sign-up pages. (Affiliates, Publishers, Partners) will not mislead people to make it seem that they are signing up for an offer that is offered by the Publisher site. Publisher can ONLY use banners and approved text, any other use of link and sign-up processes will result in the loss of all sign ups/leads accrued for the Publisher.

AdMana reserves the right to terminate any (Affiliate’s, Publisher’s, Partner’s) contract for any reason whatsoever. Termination notice will be provided via e-mail and will be effective immediately. All legitimate money due to Publisher will be paid during the next billing cycle. If Publisher defrauds the system, then payment is revoked as determined solely by AdMana.

Publisher guarantees that all content, products, and services on your web site are legal to distribute and that you own or have the legal right to use any and all copyrighted material.

Publisher irrevocably covenants, promises and agrees to indemnify AdMana and to hold AdMana harmless from and against any and all losses, claims, expenses, suits, damages, costs, demands or liabilities, arising from any and all claims and lawsuits for copyright, slander, libel, and trademark violation as well as all other claims resulting from member’s web pages.

If any Publisher violates or refuses to take part in their responsibilities, or commits fraudulent activity against us, AdMana reserves the right to withhold payment and take appropriate legal action to cover its damages.

AdMana reserves the right to change any conditions of this contract at any time. Change notices are sent to (Affiliates, Publishers, Partners) by email, and (Affiliates, Publishers, Partners) are responsible for complying with any changes to the contract within 5 calendar days from the date of change. Failure of the Publisher to terminate the agreement within those 5 calendar days will constitute acceptance of the changes to this contract.

AdMana gives no warranty, express or implied, for any and all services and products provided, including, but not limited to, warranty of merchantability and warranty of fitness for a particular purpose. This statement expressly includes any reimbursement for losses of income due to disruption of service by AdMana or its upstream providers.

You agree to settle any dispute under this agreement under the laws of Republic of Nepal without prejudice to its conflict of laws rules. Any litigation arising under this Agreement will be brought in Kathmandu, Nepal.

Any legal action taken by an advertiser, agency, client, person, or entity against AdMana for actions of you (the affiliate) that violate these terms and conditions, you accept that AdMana will work with the advertiser, agency, client, person, or entity to divulge your personal information. Publisher also agrees that AdMana is not liable for your actions, and you will bear all costs (legal or otherwise) that AdMana incurs if AdMana is sued by advertiser, client, agency, person, or entity.

If any provision of this agreement shall be held or made invalid or unenforceable by a court decision, statute, rule or otherwise, the remaining provisions of this agreement shall not be affected thereby.

If Publisher’s participation in the Program is terminated for any reason, Publisher cease to be a Participating Member in good standing, or Publisher cease to offer services on the Internet, Publisher shall immediately and permanently cease all use of all materials provided to Publisher by Us, through the Program or otherwise, and Publisher will remove all such materials from Publisher’s website. Further, Publisher will immediately cease using AdMana’s marks and remove any materials supplied to Publisher by AdMana or referring to the Program websites, including without limitation any banner ads, from Publisher’s website.

Payments issued.

Publishers will be paid via Check/Cheque or Bank tansfer only.

Payment made will be according to NRB guidelines.

TDS to individuals and companies would be deducted accordingly. And Vat bills would be provided to the concerned parties.

Publishers are requested to submit a copy of their PAN/VAT registration copy to be able to receive payments.