Terms Of Service
Last Updated: December 14th, 2016
These Terms and Conditions ("Agreement") govern the services MyAppStaller.com ("MyAppStaller") provides to its publishers. By using the services and becoming a publisher with MyAppStaller, you ("Publisher") agree to be bound by this Agreement. Herein, the term "Advertiser" will be used to refer to an entity whose Campaigns and Creatives are supplied for promotion at MyAppStaller.
Please note that this Agreement may be amended at the discretion of MyAppStaller. If any changes are made, you will be informed accordingly. If amended, the Agreement ("Amended Agreement") will be effective immediately. You agree to be bound by the Amended Agreement unless you submit an account termination notice to MyAppStaller within five business days.
Campaign: An offer, as defined below.
Consumer: A person is defined as a Consumer if they complete an Offer.
Creative: A creative is any image or graphic provided by MyAppStaller for use in promoting an Offer.
Lead: Any event or activity as specified by MyAppStaller and/or its Advertisers which results in a commission.
Invalid Lead(s): Any fraudulent, duplicate, or illegally generated Lead(s) will be considered Invalid Lead(s). Fraudulent Lead(s) are determined based on Offer requirements and information used by Consumer to sign up for an offer. Duplicate Leads are any leads which are posted twice to a Publisher account.
Offer: An advertisement or third-party opportunity made available by MyAppStaller for promotion by Publisher.
1. MyAppStaller Publisher Program Application
1.1 To be eligible to be a Publisher, all websites and newsletters must meet the following guidelines:
i. Website(s) must not violate any applicable law.
ii. Publishers using email marketing must adhere to the CAN-SPAM laws.
ii. Website(s) must not contain any adult content not limited to vulgar language, sexually explicit content, or promotion of any adult services.
1.2 The content of all websites and newsletters must not contain:
i. Promotion of any illegal substances
ii. Promotion of any illegal activities
iii. Content that defames or threatens another is not allowed
iv. Promotion of discrimination based on race, sex, religion, nationality, disability, sexual orientation, age, or veteran status.
v. Marketing or promotion of products or services to children under the age of thirteen (13).
vi. Any questionable matter
vii. Any content deemed inappropriate at the discretion of MyAppStaller
1.3 Incentivized websites must additionally meet the following guidelines:
i. Have proper fraud prevention measures
ii. Must follow any guidelines set by the Advertiser for Campaigns/Creatives
1.4 Publishers may use third party services, including social media sites, subject to the following terms:
i. Affiliate may advertise on third party services as long as such advertisements do not violate the terms and conditions of the sites on which it advertises.
ii. Affiliate will indemnify, defend, and hold harmless MyAppStaller from any and all third party claims resulting or arising from Affiliate?s acts or omissions or violation of the provisions of this agreement.
2.1 Publisher membership with the MyAppStaller Publisher Program will begin on the date your application is sent to MyAppStaller. Publisher Membership is limited to the approved websites/newsletters, which may be modified in Publisher Profile upon approval by MyAppStaller. MyAppStaller reserves the right to terminate a membership at its own discretion, including the right to forfeit all earned and/or unearned commissions by the Publisher if deemed appropriate at the discretion of MyAppStaller.
2.2 Your membership account may only be used by approved persons. You will be responsible for any changes to your account.
2.3 MyAppStaller monitors all traffic from Publisher for Fraud. If any suspicion of fraudulent leads or any such activity arises, your membership account may be temporarily deactivated pending investigation. If such an investigation takes place, it is your obligation to prove to MyAppStaller that you are not committing any sort of fraud, including, but not limited to any sort of method to generate invalid leads or clicks. You will be given 30 days to provide any such proof, during which your commissions will be withheld. If your account is deemed fraudulent at the sole discretion of MyAppStaller, your membership will be permanently deactivated and you will forfeit all of your commissions.
2.4 MyAppStaller may terminate any Publisher contract for any reason or no reason at all. Notice of termination will be provided via email and effective on the date set within the email. All legitimate earned leads, as determined by MyAppStaller, will be paid during the next compensation period.
2.5 The relationship between Publisher and MyAppStaller, as established by this Agreement, is that of independent contractors. Neither party is an employee, agent, partner, or joint venture of the other.
2.6 All Publishers must be at least 18 years of age to participate in the MyAppStaller Publisher Program.
3.1 Commission Payments will be made to you within thirty days after the end of each month. Commission Payments shall be based on the stats as recorded in MyAppStaller's systems. You will be required to turn in a signed and dated W-9 form or W-8 form to receive payment.
3.2 There is a $5 minimum monthly commission that must be reached to receive commission payment. If the minimum monthly commission is not achieved, the commission will be rolled over into the next month.
3.3 If you are found to be in breach of any of the terms in this Agreement, we may suspend any commission payment at the sole discretion of MyAppStaller. This may lead to a complete forfeiture of commission payment at the sole discretion of MyAppStaller.
3.4 MyAppStaller does not guarantee payment to the Publisher if the advertiser(s) fails to pay for leads for any reason or no reason at all. You accept all risks if an advertiser fails to pay for leads you earned. You agree that MyAppStaller is not a guarantor of any advertiser payment obligation. In the case of an advertiser who pays commissions late, MyAppStaller will send the affected commissions' payment by the next scheduled payment date as defined in 3.1. Commission Payments will only be made for leads/sales that the advertiser(s) have paid MyAppStaller for.
3.5 MyAppStaller reserves the right to deduct commission from any future commission payments for leads reversed/charged back to us after they were paid in a previous commission payment.
4.1 Modifying an Offer's program restrictions, including the banners and images included, is not permitted. Offers may only be published in accordance with the terms set by MyAppStaller and restrictions placed by the advertiser.
4.2 You may only publish Offers through mediums which MyAppStaller has specifically approved you for. All websites the Offer(s) is/are published on must be supplied to MyAppStaller.
4.3 By agreeing to the Terms and Conditions, you guarantee all content on your website is legal to distribute and that you own or have legal rights to use all content.
4.4 Publishers are not allowed to complete offers from their own accounts.
4.5 Publishers shall not promote offers in a misleading manner. Craigslist traffic is not allowed.
5. Referral Program
5.1 You may refer others to join MyAppStaller as a new Publisher, using a special link found in the Tools section of your Publisher account. In order for a referred publisher to constitute a valid referral, and to earn you commissions as outlined in section 5.2, the following must be true:
i. The referred publisher must be new to MyAppStaller`, applying for an account for the first time. ii. The referred publisher must not be a business partner and must not live with you. iii. The referred publisher account must not be directly or indirectly under your control. Validity of referrals is at the sole discretion of MyAppStaller, and a publisher account may be removed from your referral list at any time if we believe one of these guidelines has been broken. 5.2 You will receive a 10% commission on the payable/paid earnings of your referrals. Commissions are calculated on or about the 30th of the month, for the leads recorded in the prior month. Referral commissions will be added to the next payment that is sent to you for your own earnings. You must meet the minimum threshhold for receiving payment, as defined in section 3.2, in order to be paid your referral commissions. Referral commissions do not count toward your threshhold. 5.3 Referrals must register using your unique referral link to our Application page. Referrals cannot be credited to you retroactively or manually. Referrals must be in good standing at the time that your referral commissions are paid, in order for you to earn a commission on that referral. 6. Confidentiality
6.1 All information relating to your membership in the MyAppStaller Publisher Program is considered proprietary information of MyAppStaller and may not be disclosed by Publisher to any other person(s) in any matter whatsoever, in whole or in part, without the prior written consent of MyAppStaller. All data, including but not limited to any type of statistical information, is the property of MyAppStaller and may not be shared in any way without the prior written consent of MyAppStaller.
6.2 MyAppStaller reserves the right to use statistical data collected for Publisher for business purposes, including but not limited to fraud analysis of traffic.
7. Limitations of Damages and Liability
7.1 IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES OF ANY KIND OR NATURE WHATSOEVER (INCLUDING LOST PROFITS OR REVENUES, OR HARM TO BUSINESS) EVEN IF SUCH PARTY HAS BEEN NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL MyAppStaller's LIABLITY UNDER THIS AGREEMENT, WHETHER IN CONTRACT, TORT OR OTHER LEGAL THEORY, BE GREATER THAN THE TOTAL AMOUNT PAID BY MyAppStaller TO AFFILIATE HEREUNDER.
7.2 Neither party shall be liable to the other for any special, consequential (even if a party has been informed of the possibility of such damages), incidental, punitive or indirect damages, losses (including lost or imputed profits), costs or expenses of any kind arising out of these Terms and Conditions or your participation in or termination from the MyAppStaller Publisher Program, however caused, and whether based in contract, tort (including negligence), products liability or any other theory of liability regardless of whether such party has been advised of the possibility of such damages, losses, costs or expenses. Except for liabilities resulting from willful misconduct or recklessness, any liability of one of us to the other shall not exceed the total amount of the Commissions actually paid by MyAppStaller to you with respect to your participation in the MyAppStaller Publisher Program.
8.1 You agree to defend, indemnify and hold harmless MyAppStaller LLC, and our officers, directors, agents, employees, contractors and suppliers from any claim or demand made by any third party due to or arising out of the performance of this Agreement by you. This agreement incorporates by reference, and/or your violation of any law or the rights of a third party.
9.1 In the event of dispute(s) between both parties concerning any matter regarding your participation in the MyAppStaller Publisher Program, MyAppStaller will allow resolve of the dispute(s) through negotiation between both parties. In the event the dispute(s) cannot be resolved, any dispute(s) under this agreement will be settled under the laws of Florida. The prevailing party in any dispute between the parties will be entitled to recover reasonable attorney's fees and cost that occurred as a result of dispute(s).
10. Governing Law
10.1 Any provision which is deemed unenforceable by a competent court of jurisdiction may be deleted and the remainder of the agreement will be operable and in affect. This agreement is made in accordance with and governed by the laws of the state of Florida.
11. Force Majeure.
11.1 Neither party shall be liable to the other by reason of failure or delay in the performance of its obligations hereunder on account of Acts of God, fires, storms, war, governmental action, labor conditions, earthquakes, natural disasters, interruption in internet service or any other cause which is beyond the reasonable control of such Party.
12.1 Any and all obligations of both parties relating to limitations on liability and confidentiality will not expire on termination/expiration of this Agreement.
13.1 MyAppStaller reserves the right to forfeit any and all commissions generated which do not comply to the can-spam act. Your Publisher account will also be terminated effective immediately upon notice.
13.2 If a Publisher uses a third party to transmit emails, then that third party and Publisher will be treated as the same in this Agreement.
13.3 MyAppStaller reserves the right to request any information regarding the source of the emails, methods used to send the emails, the measures taken to comply with the CAN-SPAM, and/or any other information pertaining to the emails.
14.1 Except as explicitly stated otherwise, any notices shall be given to the email address you provide to the Site in the "Contact Us" form and/or when ordering (in your case). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid.