TERMS AND CONDITIONS

Please carefully review the following Terms and Conditions, which govern your registration and participation in the Makeberry Affiliates ("Company" or "Us") Sub-Affiliate Program (the "Sub-Affiliate Program" or "Program"). Kindly note that these Terms and Conditions may be updated at any time. Changes will be effective when posted on affiliate.makeberry.com (the "Website").

Makeberry’s Terms and Conditions (the "Agreement") constitute a legal agreement between Makeberry and Publisher/Advertiser.

By registering for the Advertising Program, Publisher confirms having read, understood, and agreed to all terms and conditions of this Agreement.

By registering in the Advertiser's personal account, Advertiser confirms having read, understood, and agreed to all terms and conditions of this Agreement.

If entering into this Agreement on behalf of a legal entity, the individual represents having the legal authority to bind such legal entity to this Agreement.

By accepting this Agreement, Publisher agrees to abide by Makeberry's Privacy Policy, applicable at any relevant time.

This Agreement commences once Makeberry approves Publisher's application for participation in the Advertising Program and confirms Publisher's Account via a confirmation email.

DEFINITIONS

Agreement: Refers to this Makeberry Terms and Conditions.
Publisher: Refers to an individual or legal entity approved by Makeberry to participate in the Makeberry Advertising Program, whose details are specified in the Account with Makeberry.
Advertising Program: Refers to Makeberry's proprietary web-based advertising platform, accessible at https://affiliate.makeberry.com/ or any other website or mobile application provided by Makeberry.
Media: Includes (i) websites, social media groups, accounts, or channels owned or controlled by Publisher; and/or (ii) email campaigns, social network campaigns, search engine advertising campaigns, or other campaigns run by Publisher in compliance with this Agreement.
Tracking URL: A unique URL directing Leads and New Customers to the Advertiser's destination, attributing a specific Lead or New Customer to Advertiser under this Agreement.
Creatives: Graphic, textual, or other creative materials promoting Advertiser, its brand(s), products, and/or services, displayed by Publisher on Media.
Advertiser: A legal entityand/or natural personthat has entered an advertising agreement with Makeberry to promote the specific brand(s), products, services, and/or has placed Offer(s).
Offer: Terms and conditions set by Advertiser for each advertising campaign, binding on Publisher while distributing Ads for such campaign(s).
Ad,Ads: Online advertisements including Creatives, linking to Advertiser's landing page or other destinations, displayed by Publisher on its Media.
Lead: A potential customer introduced by Publisher to Advertiser who has taken actions specified in the relevant Offer and is seeking to use advertised products or services.
New Customer: An individual without a prior account with Advertiser who accesses Advertiser's websites or other destinations through Publisher's Tracking URL, meets certain criteria, and opens a new account with Advertiser or make other actions subject to the agreed requirements of the Advertiser.
Remuneration Model: A payment mechanism (CPA, CPL, Revenue Share, or Hybrid) stated in the Offer and Publisher's Account for each accepted Offer.
CPA: Cost per acquisition of New Customer.
CPL: Cost per Lead, a pricing method where Publisher receives a one-time fixed fee per Lead.
Revenue Share: A model where Makeberry pays Publisher a share of net revenue earned from a New Customer.
Hybrid: A model combining features of CPA and Revenue Share.
Brand promotion services: Services promoting Advertiser's Offers to Publishers on https://affiliate.makeberry.com/ or other resources within the Advertising Program, provided by Makeberry to Advertiser.
Marks: Include trademarks, service marks, brand names, and other designations of Advertiser or its products, goods, or services.
Referring Publisher: A Publisher referring prospective Publishers to Makeberry under terms of Sections 7 and 11, approved by Makeberry at its discretion.
Referred Publisher: A person without a prior account with Makeberry, who completes registration, agrees to this Agreement, is accepted as a Publisher by Makeberry, and complies with this Agreement and applicable laws.
Fraud: Includes actions resulting in duplicate Leads or New Customers, bonus abuse, fraudulent information, chargebacks, identity theft, collusion, offering incentives, using automated means, deceptive methods, and any act against Makeberry and/or Advertiser in bad faith.

ENROLLMENT IN ADVERTISING PROGRAM AND PUBLISHER'S ACCOUNT

In order to become a Publisher and participate in the Advertising Program, an individual and/or legal entity ("Applicant") must submit an application and register for an Account with Makeberry.

An individual may apply only if they are 18 years of age or older (or the higher minimum legal age in the Applicant's country) and it is legal for them to participate according to their country's laws.

Applicants can open an Account with Makeberry by providing a valid email address, login name, and choosing a password ("Login Details"), along with other information such as:

First and last name or company name
Full address
Skype/other messengers ID and/or phone number
Information about Publisher's Media (e.g., valid domain name of the website Publisher owns or operates)
Payment details
VAT ID number (for EU legal entities)
All other information requested by Makeberry to complete the application review

After reviewing the Applicant's application, Makeberry will notify the Applicant of its acceptance or rejection. Makeberry reserves the right to accept or reject an application at its sole discretion. The Applicant waives any claims related to the rejection of its application.

Publisher must ensure that all information provided during and after registration is accurate and kept up-to-date.

Publishers can update their information by editing their Account preferences or contacting Makeberry's support team.

Publishers must not disclose their Login Details and are responsible for their security. Anyone using the correct Login Details is assumed by Makeberry to be the Publisher, and all transactions with correct Login Details will be considered valid and attributed to the Publisher.

If Makeberry discovers or reasonably believes that a Publisher has opened multiple accounts, Makeberry reserves the right to suspend duplicate accounts without notice until details and balances are consolidated, terminating other accounts and leaving one active account for the Publisher.

It is the Publisher's responsibility to comply with the laws governing their activities and ensure they have the legal right to participate in the Advertising Program.

OFFERS AND CAMPAIGNS

Makeberry provides Publishers with access to Advertiser's Offers, subject to the terms, limitations, and conditions herein.

Publishers can start advertising campaigns for each Offer provided that Makeberry has approved the Publisher for the specific Offer and the Publisher has accepted its terms and conditions.

Publishers acknowledge that Makeberry is an affiliate of Advertisers, and Publishers are sub-affiliates of Makeberry, subject to the terms of Advertisers' Offers.

Each Offer's terms and conditions accepted by the Publisher are binding. An Offer may include:

Start and end date
Targeting (e.g., demographic, geographic, traffic metrics)
Budget
Terms of use for Creatives
Definition of a Lead or New Customer
Remuneration Model
Payment terms
Restrictions to promotional methods or Media, and/or to Ads
Other terms, requirements, and restrictions determined by the Advertiser

At Makeberry's discretion, an Offer may be executed in the form of an insertion order signed by both parties' representatives.

Advertisers may change, modify, or cancel their Offers at their discretion. Makeberry will notify Publishers within 10 calendar days of any changes.

In case of conflict between this Agreement and an Offer, the Offer's terms and conditions prevail.

A breach of an Offer's terms and conditions by the Publisher constitutes a breach of this Agreement.

Publishers agree to work transparently with Makeberry and Advertisers, providing them with all relevant information about their activities, including promotional methods used to direct traffic to Media and/or Ads.

RIGHTS GRANTED TO PUBLISHER. TRACKING URLS AND CREATIVES PROVIDED TO PUBLISHER

Makeberry will provide the Publisher with Tracking URLs and may offer:

Resources, guidelines, and technical support related to the Advertising Program,
Creatives for integration into Ads, which the Publisher may display on Media, subject to Offer terms and this Agreement.

Makeberry grants the Publisher a nonexclusive, nontransferable, revocable right to:

Promote Advertiser's brands, products, or services to the Publisher's audience in accordance with this Agreement,
Place Tracking URLs and Creatives on Ads and Media for promoting Advertiser's brands, products, or services.

Publisher may not alter or modify the Creatives or any Makeberry’s or Advertiser materials unless prior written consent is obtained from Makeberry. Publisher is entitled to use these materials as per this Agreement.

Publisher must not modify Tracking URLs.

If Makeberry determines that the Publisher's use of Tracking URLs and Creatives violates this Agreement, Makeberry may:

Deactivate Tracking URLs used by the Publisher,
1.Require the Publisher to stop distributing Ads containing Creatives.

Makeberry may change or discontinue Tracking URLs and Creatives provided to the Publisher. Publisher agrees to comply with any requests to modify or remove Tracking URLs and/or Creatives.

If the Advertiser fails to pay the Publisher for the provided traffic, Makeberry may cover the Publisher`s expenses if the Publisher submits all necessary information regarding the traffic launch.

PUBLISHER'S CAMPAIGNS

General

Publisher must submit Media and proposed Creatives to Makeberry for review and approval. Makeberry will inform the Publisher of its approval or rejection.

If the Publisher wants to use Tracking URLs and Creatives on Media or sites other than approved Media, prior permission from Makeberry is required. Approved alternative media or sites become part of this Agreement.

All costs related to Publisher's activities under this Agreement are borne solely by the Publisher.

Publisher is responsible for:

The accuracy and appropriateness of materials posted on Media,
Links from Publisher's Media to other websites and their content,
Design, development, and maintenance of Publisher's Media,
Use of Media not operated or controlled by the Publisher.

Publisher must have permission to use third-party material and any individual's likeness or identity.

Makeberry is not responsible for Publisher's use of third-party material that violates any applicable law.

RESTRICTIONS FOR MEDIA/CREATIVES/ADS AND PUBLISHER'S CAMPAIGNS

Media, Creatives, Ads, and Publisher's campaigns under this Agreement must not:

Target underage individuals for Advertiser's products/services,
Portray or appeal to children or underage individuals gambling,
Depict gambling as a way to success or profit,
Make exaggerated claims about Advertiser's products/services,
Infringe upon third-party rights,
Contain harmful, threatening, or inappropriate content,
Make misleading comparisons,
Provide inaccurate information about Advertiser,
Be misleading or deceptive,
Use an individual's likeness without consent,
Involve content locking,
Display fake errors or warnings,
Be abusive or fraudulent,
Deceive the public,
Use “Bait-and-switch” tactics,
Be illegal or violate any applicable law or regulation.

PROHIBITED COMPETITIVE ADVERTISING

Under this Agreement, Publisher must not:

Engage in keyword advertising on Internet search engines bidding on Makeberry's Marks, including Marks with typos, spaces, signs, symbols, or in other languages;
Register or apply for trademark, domain names, or any designations similar to Makeberry's Marks or brand names in any form or language.

UNSOLICITED EMAIL CAMPAIGNS

Publisher shall not use unsolicited or spam email or other electronic messages to distribute Ads. Media and related marketing materials must not contain spyware, adware, or other unwanted threats and must comply with anti-spam laws. All emails or messages distributed by Publisher must:

Be sent to people who have expressly consented to receive promotional messages;
Clearly identify Publisher as the sender;
Provide an option for recipients to opt-out from future communications.

Publisher must use email or message templates provided by Makeberry or submit final versions for approval before sending any emails or messages containing Tracking URLs, Creatives, or Ads.

MAKEBERRY'S RIGHTS

Makeberry has the right to monitor Publisher's Media to ensure compliance with this Agreement. Makeberry may update the list of prohibited Media or distribution channels at its discretion. If Makeberry deems Publisher's actions questionable, Makeberry may:

Request Publisher to stop distributing Ads;
Not pay Publisher for activities associated with such requests.

Publisher's breach of this Section 9 will be considered a breach of this Agreement, and Makeberry may unilaterally terminate the Agreement and retain payments.

OTHER ACTIONS LEADING TO NON-QUALIFYING LEADS OR NEW CUSTOMERS

Makeberry maintains a zero-tolerance policy towards Fraud and invalid activities. Publisher must not engage in Fraudulent activities, and Makeberry may use fraud detection tools to monitor Publisher's actions. A Lead or New Customer is considered "Non-Qualifying" if:

Generated as a result of Fraud;
Does not meet the Offer's terms or prerequisites;
Related to terminated or expired Offers;
Does not comply with this Agreement or applicable laws;
Result of Publisher's breach of this Agreement.

Makeberry has no obligation to pay for Non-Qualifying Leads or New Customers. If Makeberry determines Fraud or noncompliance, it may:

Terminate Publisher's Account and this Agreement;
Require Publisher to stop using Creatives and displaying Ads;
Withhold unpaid amounts or charge back Publisher's accounts.

Makeberry retains the right to review all Publisher's campaigns and actions for Fraud or noncompliance. During such reviews, Makeberry may withhold payments until the review is concluded. If Fraud or noncompliance is found, Publisher will not receive payments for such activities.

MAKEBERRY REFERRAL PROGRAM

Referring Publisher can refer a Referred Publisher by sharing a reference link containing Referring Publisher's ID to the Referred Publisher to register for the Advertising Program.

Referring Publisher will receive their ID after approval by Makeberry.

Upon approval and registration of the Referred Publisher, and as long as Referring Publisher remains eligible for Remuneration under this Agreement, they will receive up to 5% of the net revenue generated by this Referred Publisher for Makeberry, minus payments to Advertisers, discounts, taxes, or refunds, as long as the Agreement remains in effect and the Referred Publisher meets the criteria outlined in Section 1 under 'Referred Publisher'.

If revenue from a Referred Publisher is charged back or refunded, Referring Publisher becomes ineligible for future Remuneration from that Referred Publisher.

Remuneration is earned only on received net revenue and will be paid only if the Referred Publisher can be tracked by Makeberry's systems via the reference link.

Remuneration from fraudulent, illegal, or questionable referrals or marketing methods will be voided. Abuse of the Makeberry Referral Program will result in voiding any Remuneration.

PUBLISHER'S STATISTICS

Publisher must cooperate with Makeberry to track Leads, New Customers, or Referred Publishers. Publisher must use the provided Tracking URLs without alteration to ensure accurate tracking and reporting.

Makeberry will provide Publisher with statistics based on information from Advertisers or third-party providers. Publisher can view these statistics in their Account. These online statistics may not always be completely accurate.

PAYMENTS

Payment Terms and Calculation

Makeberry will pay Publisher Remuneration for Leads, New Customers, or Referred Publishers based on the Remuneration model and Offer terms.

Makeberry calculates Remuneration based on the turnover generated via Tracking URLs and recorded Remuneration earned. This is at Makeberry's discretion and is not open to review or appeal.

Publisher acknowledges that:

Earnings may be subject to deductions, deferred payments, or other adjustments affecting Remuneration;
Payment is only for tracked Leads or New Customers;
Advertisers can change payout rates or cancel Offers;
Makeberry collects payments from Advertisers and is not responsible for payment delays;
If Advertiser defaults on payment, Makeberry may withhold or charge back Publisher's accounts;
All currency conversions are based on Makeberry's bank FX rates;

Remuneration calculations may be delayed up to 90 days for reasons such as verification or Offer terms.

Makeberry may:

Withhold payments to offset amounts owed to Makeberry;
Do not make any payments to the Publisher if the Publisher blacklists Makeberry;
Require Publisher to refund any overpayments within 30 days of notice.

Makeberry's relationship with Advertisers for Brand promotion services is governed by a separate agreement. Details on tariffs and invoicing procedures can be found in the Advertiser's account on https://affiliate.makeberry.com/.

MONEY TRANSFERS

Remuneration is calculated at the end of each month, with payments made monthly in arrears, no later than 45 days after the end of the calendar month. Payments will be issued if the amount due is over US$1,000 for bank wire transfers and US$100 for other available payment methods at Makeberry's discretion.

Makeberry will not issue payments unless all payment details are completed in the Publisher's Makeberry Account. The Publisher is responsible for the accuracy and completeness of this information. Makeberry is not liable for payment delays or non-receipt due to incorrect or incomplete details provided by the Publisher.

Publishers are responsible for any expenses incurred due to incorrect payment details. Makeberry may charge additional fees for payment corrections or investigations.

Without explicit consent from Makeberry, Publishers may not arrange for third parties to receive payments intended for the Publisher.

Publishers are responsible for any charges or fees associated with payments from Makeberry, including bank fees, intermediary charges, and other applicable fees. Makeberry will deduct these fees from the payment amount.

Service charges will apply to each payment, with details available in the Publisher's Account.

All wire transfer and e-payments will be in USD or EUR at Makeberry's discretion. Payments via WebMoney and Skrill will be in USD. Currency conversions will use the exchange rate provided by Makeberry's bank.

Publishers are responsible for any applicable taxes or duties related to transactions. Makeberry may withhold amounts to comply with applicable laws.

Any payment disputes must be reported to Makeberry in writing within five (5) days of the payment date.

PUBLISHER'S VERIFICATION

The name on the Publisher's Account must match the legal name and identity, as well as the name on the bank/payment accounts.

To verify identity and payment details, Makeberry may request:

Proof of identity (e.g., valid passport/ID card)
Proof of address (e.g., recent utility bill)
Recent bank/payment account statement
Legal entities may need to provide formation documents and additional information as requested.

If verification documents are not provided within a reasonable time or if the identity cannot be verified, Makeberry reserves the right to:

Withhold the account balance until verification is completed;
Void some or all of the Leads and/or New Customers;
Suspend or close the Publisher's Account and terminate the Agreement.

INTELLECTUAL PROPERTY RIGHTS

Makeberry retains all rights to the Advertising Program, including copyrights, trademarks, patents, and other intellectual property rights.

Publishers do not gain rights to Makeberry's intellectual property except as expressly stated in this Agreement.

Publishers may only use Makeberry's brand names and trademarks as permitted in this Agreement.

Makeberry may use any suggestions or recommendations from Publishers without compensation.

CONFIDENTIALITY

Makeberry may share confidential information related to the Advertising Program with Publishers ("Confidential Information").

Publishers agree not to disclose or use Confidential Information except as required by law or legal process.

Makeberry may publicly announce the relationship under this Agreement without Publisher's prior consent. Publishers may not make public statements related to this Agreement or Advertisers without Makeberry's written approval.

TERM AND TERMINATION

This Agreement starts upon the approval of the Publisher's Advertising Program application and continues until terminated.

Either party may terminate this Agreement by providing a 7-day written notice, unless otherwise stated.

Makeberry may suspend a Publisher's Account or participation in any Offer, or terminate this Agreement for breach of terms or other reasons outlined in this Agreement.

If terminated due to Publisher's violation of this Agreement or laws, the Publisher won't receive any outstanding payments or "lifetime" Revenue Share Remuneration.

Payments under "lifetime" Revenue Share Remuneration may also cease if:

An Advertiser stops payments to Makeberry.
An Advertiser discontinues its product or service.
An Advertiser is banned from selling its product or service.
Makeberry sells part or all of its business.
Makeberry discontinues the Advertising Program.

Makeberry may withhold the final payment for verification purposes.

Upon termination, the Publisher must stop using and remove all Tracking URLs, Ads, Creatives, and other materials provided by Makeberry or Advertisers.

Termination does not waive any breach of the Agreement or liability.

Surviving provisions include warranty disclaimers, indemnity, and limitations of liability.

REPRESENTATIONS

Each party represents that the person signing this Agreement is authorized to do so.

The Publisher represents to Makeberry that:

If an individual, they are at least 18 years old.
They have authority to bind the Publisher.
They have the right to use their Media.
They comply with laws when promoting Advertiser.
Their Ads and Creatives don't infringe any rights.
They are solely responsible for their Media and promotional methods.

INDEMNIFICATION

The Publisher agrees to indemnify Makeberry, Advertisers, and affiliates from any claims or liabilities arising from:

Publisher's participation in the Advertising Program.
Publisher's violation of this Agreement.
Publisher's violation of any law.
Publisher's violation of third-party rights.
Claims related to Media, Ads, or Creatives.

DISCLAIMER OF WARRANTIES

Makeberry's Advertising Program, Creatives, Tracking URLs, and services are provided "as is". Makeberry disclaims all warranties, including merchantability, fitness for a particular purpose, and non-infringement.

Makeberry does not guarantee that the Advertising Program or services will meet Publisher's requirements or be error-free.

Makeberry does not guarantee specific Remuneration amounts for Publishers.

LIMITATION OF LIABILITY

IN NO EVENT SHALL MAKEBERRY BE LIABLE FOR ANY UNAVAILABILITY OR INOPERABILITY OF ADVERTISING PROGRAM, CREATIVES, TRACKING URLS, AND MAKEBERRY'S SERVICES PROVIDED IN CONNECTION WITH THIS AGREEMENT, TECHNICAL MALFUNCTION, COMPUTER ERROR, CORRUPTION OR LOSS OF INFORMATION, OR OTHER INJURY, DAMAGE OR DISRUPTION OF ANY KIND BEYOND MAKEBERRY'S REASONABLE CONTROL. IN NO EVENT WILL MAKEBERRY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PERSONAL INJURY, DEATH, SPECIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, LOSS OF PROFITS OR LOSS OF BUSINESS OPPORTUNITY, EVEN IF SUCH DAMAGES ARE FORESEEABLE AND WHETHER OR NOT MAKEBERRY HAS BEEN ADVISED OF THE POSSIBILITY THEREOF. MAKEBERRY'S CUMULATIVE LIABILITY TO PUBLISHER, FROM ALL CAUSES OF ACTION AND ALL THEORIES OF LIABILITY, WILL BE LIMITED TO AND WILL NOT EXCEED THE AMOUNTS PAID TO PUBLISHER BY MAKEBERRY DURING THREE (3) MONTHS IMMEDIATELY PRIOR TO SUCH CLAIM.

JURISDICTION

This Agreement and any dispute or claim arising out of or in connection with them shall be governed by and construed and interpreted in accordance with the laws of England. The parties submit to the jurisdiction of the courts located in England. Nothing in this clause shall limit Makeberry's right to take proceedings against Publisher in any other court of competent jurisdiction. Publisher hereby irrevocably waives any objection to the laying of venue in the specified jurisdictions.

MODIFICATIONS

Makeberry reserves the right to amend the Agreement to comply with applicable laws and regulations or for other reasons. Minor changes may occur without prior notice. Significant changes will be notified to the Publisher in advance via email or through a notice on Makeberry's website.

Publisher's continued participation in the Advertising Program after changes signifies acceptance of the revised Agreement. If Publisher disagrees with the modifications, they should terminate participation immediately.

Modifications may include changes in available Offers, payment rates, and procedures.

MISCELLANEOUS

Relationship.Publisher and Makeberry operate as independent contractors. This Agreement does not create any partnership, joint venture, agency, franchise, sales representative, or employment relationship.

Notices.All notices should be in writing and may be delivered by Makeberry via email or other electronic means. Publisher should direct communications to the email specified in their account.

Consent to Receive Communications in Electronic Form.Parties agree to receive electronic communications from each other and confirm that this Agreement and related communications meet legal requirements.

Assignment.Publisher may not assign this Agreement without Makeberry's written consent. Makeberry may assign this Agreement without requiring Publisher's consent.

No Waiver.The failure to exercise any legal right or remedy shall not constitute a waiver of that right or remedy.

Severability and Integration.This Agreement represents the entire agreement between Publisher and Makeberry, superseding all prior agreements. If any part of this Agreement is deemed invalid, the remaining parts shall remain in effect.

ADDENDUM 1

to Terms and Conditions - Refunds and Cancellations Policy

This Refunds and Cancellations policy ("R&C policy") is an addendum and an integral part of the Terms and Conditions between Makeberry and the Advertiser/Publisher. This Refunds and Cancellations policy regulates legal relations between Advertiser/Publisher and Makeberry in the field of commercial marketing activity, marketing, and brand promotion services.

The complete set of definitions regarding the relations between Makeberry and Advertiser/Publisher mentioned in this Refunds and Cancellations policy are used in the meanings specified in the Terms and Conditions.

CANCELLATIONS BY PUBLISHER

Publisher has the right to terminate the contract for the provision of services at any stage and get a refund only if Makeberry is reimbursed for the actual expenses incurred.

Giving the other party prior 7 days' written notice of termination is necessary.

CANCELLATIONS BY MAKEBERRY

Makeberry has the right to cancel the contract for the provision of services with Publisher or Advertiser at any stage and return its cost only if Publisher or Advertiser is fully reimbursed for losses actually taken.

Giving the other party prior 7 days' written notice of termination is necessary.

CANCELLATIONS BY ADVERTISER

The Advertiser has the right to cancel the contract with Makeberry and get the refund only until the first traffic provided under the contract arrives on their internet page.

After the first traffic arrives on the Advertiser's internet page, Advertiser loses the right to cancel the contract unilaterally.

Giving the other party prior 7 days' written notice of termination is necessary.

For example, if the Advertiser terminates the contract for brand promotion services during the first prepaid month, they do not receive a refund.

If the Advertiser wants to terminate the contract for brand promotion services which term is 2 (two) months or longer, they have the right to get a refund for every month of prepaid services left except the current one.

The date of the termination is the date when Makeberry receives the due message from the Advertiser, online and offline.

Force Majeure

Neither party shall be liable to the other for any delay or failure to perform its obligations under the Agreement if such delay or failure arises from a cause beyond its reasonable control, including but not limited to labour disputes, strikes, industrial disturbances, acts of God, acts of terrorism, floods, lightning, utility or communications failures, earthquakes or other casualty. If such event occurs, the non-performing Party is excused from whatever performance is prevented by the event to the extent prevented provided that if the force majeure event subsists for a period exceeding thirty (30) calendar days then either Party may terminate the Agreement with immediate effect by providing a written notice.

Traffic-back rule

Targeting and delivery is one of the reasons why Advertisers propose paid Offers for Publishers. Advertisers and Advertising Program employ targeting tools to reach a more precise and relevant audience, thereby increasing impression and conversion rates.

Before you are going to use the Tracking URL, please make sure that the Remuneration Model and targeting requirements suffice your Media channels.

We want to bring to your attention that targeting is wide and encompasses varying metrics. For instance, the Offer may set targets according to any of the following indices:

Location
Age
Gender
Population
Interests
Profession
Marital status
Educational background
Language
Behavior, etc

Some of the targets can be geographically restricted and you must make sure that the targeting options provided by a Media source are capable of producing the intended results.

If the Advertiser and/or Advertising Program detects a Lead irrelevant to the specific Offer's targeting requirements, such Lead will not be remunerated to the Publisher. Every irrelevant Lead may be redirected by the Advertiser and/or Advertising Program to the proper destination (traffic-back URL) at its sole discretion without any further obligations to the Publisher.

DISCLAIMER

Every effort has been made to provide accurate information. In special, unprecedented circumstances such as pandemics or natural or economic disasters, this policy will not apply. Makeberry can accept no responsibility for errors or omissions. Makeberry reserves the right to introduce changes to the information given here.