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Terms and Conditions

Information for Advertiser

These are regulations of the relationship between FPK Marketing Limited German Branch acting as the Network and the Advertiser. A written Insertion Order (IO) is needed for each business relationship with advertiser. The Advertiser accepts and agrees on the Terms and Conditions of FPK Marketing Limited as stated below.

  1. 1. Time in force

    1. The Agreement with Advertiser shall commence on the effective date first written above and continue unless terminated agreed by both parties.
    2. The Network is required to provide 2 business days’ written notice in order to terminate or alter the terms of the IO.
    3. The Network is entitled to change this Insertion Order and Terms and Conditions. In this case, a notice will be provided to the Advertiser.

  2. 2. Parties’ obligations

    1. The Advertiser represents and warrants that it has all necessary rights, licenses and clearances to enter into this Agreement, to grant the rights granted herein and to use the Advertiser content as specified herein and subject to these terms and conditions, including, without limitation, the intellectual property rights therein.
    2. The Advertiser is responsible for all technical means and waives any claims of traffic caused by inappropriate work of technical means including but not limited to Advertiser’s landing pages, links, tracking platforms, postback links, etc. If the traffic delivered by the Network was not converted through Advertiser’s fault, the Network is entitled to claim compensation calculated on the basis of the average CPM rates.
    3. The Advertiser is obliged and hereby warrants upon: (i) securing the confidential information according to Terms and Conditions, (ii) sending to the Network all information concerning requirements to the Offer with campaigns details (KPIs, restrictions and all other relevant data), (iii) the quality of the Advertising Materials, including creatives and campaign processing.
    4. The Advertiser is obliged to specify OS versions in the Offer description. Otherwise, the Advertiser waives a claim on traffic if the OS version wasn’t specified.
    5. The Network is obliged and hereby warrant upon: (i) securing the confidential information according to Terms and Conditions, (ii) providing up-to-date and honest financial information, (iii) deleting the advertising materials (Creatives) upon the request of the Advertiser. FPK Marketing Limited makes no promise or guarantee on the amount of delivery under this Insertion Order.
    6. Pause/Changes notice – the Advertiser is obliged to send campaign pause notice or any changes implementation concerning running campaigns 24 hours prior to its coming into force.

  3. 3. Running campaigns

    1. The Network and the Advertiser can mutually agree to change prices, pricing models and countries of this agreement as well as extend it to other games/apps and/or platforms via email.
    2. FPK Marketing Limited reserves the right not to publish any Advertising Materials that are not in accordance with its inner policy.
    3. The Network can deliver up to 10% more deliverables than the daily or monthly cap, which the client will still be responsible for paying for.
    4. The Network is expressly prohibited from using any persons, means, devices or arrangements to commit fraud, violate any applicable law, falsify information in connection with Advertising Campaigns or exceed his permitted access to the Software. Such acts include, but are in no way limited to, using automated means to increase the number of clicks through the links or completion of any required information, using spyware, using stealware, cookie-stuffing, and other deceptive acts or click-fraud.
    5. The Network agrees to provide proofs of running the Advertising Campaign and his good will at the request of the Advertiser.

  4. 4. Payments

    1. Payment term under this agreement is NET30. The Advertiser has 30 (calendar) days to pay the Invoice for the reported month. In case of two-way interaction cross payments are possible.
    2. Minimum threshold amount under this agreement is 10 USD. Amounts less than 10 USD are rolled over to the next month. Amounts less than 1000 USD are paid solely by PayPal. Amounts more than 1000 USD are paid solely by wire transfer.
    3. All payments shall be calculated and paid in USD dollars only.
    4. If Payment is not received within ninety days of due date, the Network reserves the right to charge 2% interest per month on the outstanding amount and all the collection fees.
    5. The Advertiser has 15 (calendar) days from the Invoice date to make any changes or amendments to the Invoice received as well as send a confirmation for the numbers in it. If these changes or confirmations were not received within the indicated period of time the Invoice data (including numbers) is automatically considered correct and should be paid for in full.
    6. The Advertiser must send hold reports during the 15 (calendar) days after the end of the reporting month. In case if hold reports were not sent during the stated period of time all leads must be considered as valid and paid in full.
    7. In the exceptional case when the Advertiser cannot pay the invoice in full within 30 days after the end of reporting month, the Advertiser has to provide FPK Marketing Limited a schedule of partial payments. The schedule shall contain an amount and exact date of payment.
    8. The Advertiser shall be responsible for the payment of all taxes, banking costs, wire transfers and duties assessed in connection with payments made hereunder. FPK Marketing Limited shall under no circumstance be responsible for such incurred costs.
    9. Deliverables will be approved and paid for based on Advertiser’s numbers. Parties agree that the average discrepancy can be about 10%. In the case of a larger discrepancy, this should be negotiated between parties in writing.
    10. The Network reserves the right to suspend performance of its obligations hereunder and disconnect the services in the event the Advertiser fails to make timely payment hereunder or under any other agreement with the Network until such Payment is executed.

  5. 5. Claims and reports

    1. The Advertiser is entitled to confirm or claim any changes in Invoice numbers billed by the Network within 15 calendar days after the end of reporting month. Any changes provided after this term are not taken into consideration.
    2. The Advertiser has 30 calendar days from the end of reporting month to provide proof of fraud when requesting denial of conversions. Such proof should be sent by email to the Network`s Account Manager and contain detailed reports: in the case of claiming low RR the Advertiser should send RR screenshots from the tracking system, in other cases all relevant data confirming the reasons for claims. These reports should be approved by the Network as relevant and full.
    3. No deductions or chargebacks will be accepted without valid proof. A fraudulent lead must be sent to the Network with full evidence proving that the Lead, Sale, Action, and/or Install are truly invalid. By evidence full reports with reason of deduction, including time, id of transaction, pub id or carrier mail are meant.
    4. The Advertiser shall remain solely responsible and liable for the timely remittal of any and all Payments due to the Network regardless of Advertiser’s receipt of payment from such third parties.
    5. The Advertiser may change, suspend or discontinue any aspect of an Offer or Link or remove, alter, or modify any tags, text, graphic or banner ad in connection with a Link. In this case, the Advertiser has to notify the Network in 24 hours.
    6. In no circumstance will the Network be liable to the Advertiser for any consequential, indirect, special, punitive or incidental damages or lost profits of the Advertiser or the Advertiser’s clients (including without limitation claims for loss of goodwill, use of or reliance on the services provided hereunder, stoppage of other work or impairment of other assets) arising out of breach or failure of express or implied warranty, breach of contract, misrepresentation, negligence, strict liability in tort or otherwise. Without limiting the foregoing, Network will not be liable for any failure or delay resulting from any governmental action, fire, flood, insurrection, earthquake, power failure, riot, explosion, embargo, strikes whether legal or illegal, labour or material shortage, transportation interruption of any kind, work slowdown, actions or inaction of Advertiser or third parties, Advertiser’s equipment or software and/or any third party equipment or any other condition affecting production or delivery in any manner beyond the control of FPK Marketing Limited.
    7. The Network shall not refund any amounts upon claims provided after the 15 calendar days after the end of the reporting month.
    8. Public holidays and conferences may cause a delay in providing reports.

  6. 6. Audit Rights

    1. The Advertiser shall keep proper records of account relating to the Advertising Campaigns. The Network or its designee may inspect such records to verify reports. Any such inspection will be conducted in a manner that does not unreasonably interfere with the Advertiser’s business activities and, except as provided below, shall be conducted no more frequently than once every six months. The Advertiser shall immediately make any overdue payments disclosed by the audit plus applicable interest.
    2. Such inspection shall be at the Network’s expense; however, if the audit reveals overdue payments in excess of 5% of the payments owed to date, the Advertiser shall immediately pay the cost of such audit, and the Network may conduct another audit during the same six month period.

  7. 7. Confidential information

    1. Confidential Information stands for materials, data, and other information concerning the operation, business, projections, market goals, financial affairs, products, services, customers and intellectual property, and any information which concerns technical or financial details of FPK Marketing Limited and the Advertiser.
    2. The Advertiser agrees that no Confidential Information shall be disclosed to any third party, affiliate, subsidiary, Sub-Affiliate, agent, or employee of the Advertiser without the prior written consent of Network.
    3. Any information about Network affiliates, except their Publisher ID, is the subject of commercial confidentiality and shall not be disclosed to the Advertiser.

  8. 8. Governing Law

    1. The Advertiser shall be responsible for the payment of all attorney’s fees and expenses incurred by FPK Marketing Limited to enforce the terms of this Agreement.
    2. This Agreement shall be governed and interpreted according to the law of Germany and the parties submit to the exclusive jurisdiction of the German Court.

  9. 9. General Data Protection Regulation (GDPR)

    1. Advertiser represent and warrant his compliance with the requirements of data protection laws (including, but not limited to General Data Protection Regulation of EU) and that the Advertiser had the right to and the express consent of the end-users/persons to transfer personal data of such end-users/persons (including, name, location, IP-address, device ID etc.) for the purposes highlighted in this Agreement.

1. Time in force
  1. The Agreement with Advertiser shall commence on the effective date first written above and continue unless terminated agreed by both parties.
  2. The Network is required to provide 2 business days’ written notice in order to terminate or alter the terms of the IO.
  3. The Network is entitled to change this Insertion Order and Terms and Conditions. In this case, a notice will be provided to the Advertiser.

2. Parties’ obligations
  1. The Advertiser represents and warrants that it has all necessary rights, licenses and clearances to enter into this Agreement, to grant the rights granted herein and to use the Advertiser content as specified herein and subject to these terms and conditions, including, without limitation, the intellectual property rights therein.
  2. The Advertiser is responsible for all technical means and waives any claims of traffic caused by inappropriate work of technical means including but not limited to Advertiser’s landing pages, links, tracking platforms, postback links, etc. If the traffic delivered by the Network was not converted through Advertiser’s fault, the Network is entitled to claim compensation calculated on the basis of the average CPM rates.
  3. The Advertiser is obliged and hereby warrants upon: (i) securing the confidential information according to Terms and Conditions, (ii) sending to the Network all information concerning requirements to the Offer with campaigns details (KPIs, restrictions and all other relevant data), (iii) the quality of the Advertising Materials, including creatives and campaign processing.
  4. The Advertiser is obliged to specify OS versions in the Offer description. Otherwise, the Advertiser waives a claim on traffic if the OS version wasn’t specified.
  5. The Network is obliged and hereby warrant upon: (i) securing the confidential information according to Terms and Conditions, (ii) providing up-to-date and honest financial information, (iii) deleting the advertising materials (Creatives) upon the request of the Advertiser. FPK Marketing Limited makes no promise or guarantee on the amount of delivery under this Insertion Order.
  6. Pause/Changes notice – the Advertiser is obliged to send campaign pause notice or any changes implementation concerning running campaigns 24 hours prior to its coming into force.

3. Running campaigns
  1. The Network and the Advertiser can mutually agree to change prices, pricing models and countries of this agreement as well as extend it to other games/apps and/or platforms via email.
  2. FPK Marketing Limited reserves the right not to publish any Advertising Materials that are not in accordance with its inner policy.
  3. The Network can deliver up to 10% more deliverables than the daily or monthly cap, which the client will still be responsible for paying for.
  4. The Network is expressly prohibited from using any persons, means, devices or arrangements to commit fraud, violate any applicable law, falsify information in connection with Advertising Campaigns or exceed his permitted access to the Software. Such acts include, but are in no way limited to, using automated means to increase the number of clicks through the links or completion of any required information, using spyware, using stealware, cookie-stuffing, and other deceptive acts or click-fraud.
  5. The Network agrees to provide proofs of running the Advertising Campaign and his good will at the request of the Advertiser.

4. Payments
  1. Payment term under this agreement is NET30. The Advertiser has 30 (calendar) days to pay the Invoice for the reported month. In case of two-way interaction cross payments are possible.
  2. Minimum threshold amount under this agreement is 10 USD. Amounts less than 10 USD are rolled over to the next month. Amounts less than 1000 USD are paid solely by PayPal. Amounts more than 1000 USD are paid solely by wire transfer.
  3. All payments shall be calculated and paid in USD dollars only.
  4. If Payment is not received within ninety days of due date, the Network reserves the right to charge 2% interest per month on the outstanding amount and all the collection fees.
  5. The Advertiser has 15 (calendar) days from the Invoice date to make any changes or amendments to the Invoice received as well as send a confirmation for the numbers in it. If these changes or confirmations were not received within the indicated period of time the Invoice data (including numbers) is automatically considered correct and should be paid for in full.
  6. The Advertiser must send hold reports during the 15 (calendar) days after the end of the reporting month. In case if hold reports were not sent during the stated period of time all leads must be considered as valid and paid in full.
  7. In the exceptional case when the Advertiser cannot pay the invoice in full within 30 days after the end of reporting month, the Advertiser has to provide FPK Marketing Limited a schedule of partial payments. The schedule shall contain an amount and exact date of payment.
  8. The Advertiser shall be responsible for the payment of all taxes, banking costs, wire transfers and duties assessed in connection with payments made hereunder. FPK Marketing Limited shall under no circumstance be responsible for such incurred costs.
  9. Deliverables will be approved and paid for based on Advertiser’s numbers. Parties agree that the average discrepancy can be about 10%. In the case of a larger discrepancy, this should be negotiated between parties in writing.
  10. The Network reserves the right to suspend performance of its obligations hereunder and disconnect the services in the event the Advertiser fails to make timely payment hereunder or under any other agreement with the Network until such Payment is executed.

5. Claims and reports
  1. The Advertiser is entitled to confirm or claim any changes in Invoice numbers billed by the Network within 15 calendar days after the end of reporting month. Any changes provided after this term are not taken into consideration.
  2. The Advertiser has 30 calendar days from the end of reporting month to provide proof of fraud when requesting denial of conversions. Such proof should be sent by email to the Network`s Account Manager and contain detailed reports: in the case of claiming low RR the Advertiser should send RR screenshots from the tracking system, in other cases all relevant data confirming the reasons for claims. These reports should be approved by the Network as relevant and full.
  3. No deductions or chargebacks will be accepted without valid proof. A fraudulent lead must be sent to the Network with full evidence proving that the Lead, Sale, Action, and/or Install are truly invalid. By evidence full reports with reason of deduction, including time, id of transaction, pub id or carrier mail are meant.
  4. The Advertiser shall remain solely responsible and liable for the timely remittal of any and all Payments due to the Network regardless of Advertiser’s receipt of payment from such third parties.
  5. The Advertiser may change, suspend or discontinue any aspect of an Offer or Link or remove, alter, or modify any tags, text, graphic or banner ad in connection with a Link. In this case, the Advertiser has to notify the Network in 24 hours.
  6. In no circumstance will the Network be liable to the Advertiser for any consequential, indirect, special, punitive or incidental damages or lost profits of the Advertiser or the Advertiser’s clients (including without limitation claims for loss of goodwill, use of or reliance on the services provided hereunder, stoppage of other work or impairment of other assets) arising out of breach or failure of express or implied warranty, breach of contract, misrepresentation, negligence, strict liability in tort or otherwise. Without limiting the foregoing, Network will not be liable for any failure or delay resulting from any governmental action, fire, flood, insurrection, earthquake, power failure, riot, explosion, embargo, strikes whether legal or illegal, labour or material shortage, transportation interruption of any kind, work slowdown, actions or inaction of Advertiser or third parties, Advertiser’s equipment or software and/or any third party equipment or any other condition affecting production or delivery in any manner beyond the control of FPK Marketing Limited.
  7. The Network shall not refund any amounts upon claims provided after the 15 calendar days after the end of the reporting month.
  8. Public holidays and conferences may cause a delay in providing reports.

6. Audit Rights
  1. The Advertiser shall keep proper records of account relating to the Advertising Campaigns. The Network or its designee may inspect such records to verify reports. Any such inspection will be conducted in a manner that does not unreasonably interfere with the Advertiser’s business activities and, except as provided below, shall be conducted no more frequently than once every six months. The Advertiser shall immediately make any overdue payments disclosed by the audit plus applicable interest.
  2. Such inspection shall be at the Network’s expense; however, if the audit reveals overdue payments in excess of 5% of the payments owed to date, the Advertiser shall immediately pay the cost of such audit, and the Network may conduct another audit during the same six month period.

7. Confidential information
  1. Confidential Information stands for materials, data, and other information concerning the operation, business, projections, market goals, financial affairs, products, services, customers and intellectual property, and any information which concerns technical or financial details of FPK Marketing Limited and the Advertiser.
  2. The Advertiser agrees that no Confidential Information shall be disclosed to any third party, affiliate, subsidiary, Sub-Affiliate, agent, or employee of the Advertiser without the prior written consent of Network.
  3. Any information about Network affiliates, except their Publisher ID, is the subject of commercial confidentiality and shall not be disclosed to the Advertiser.

8. Governing Law
  1. The Advertiser shall be responsible for the payment of all attorney’s fees and expenses incurred by FPK Marketing Limited to enforce the terms of this Agreement.
  2. This Agreement shall be governed and interpreted according to the law of Germany and the parties submit to the exclusive jurisdiction of the German Court.

9. General Data Protection Regulation (GDPR)
  1. Advertiser represent and warrant his compliance with the requirements of data protection laws (including, but not limited to General Data Protection Regulation of EU) and that the Advertiser had the right to and the express consent of the end-users/persons to transfer personal data of such end-users/persons (including, name, location, IP-address, device ID etc.) for the purposes highlighted in this Agreement.

Information for Publisher

A written Insertion Order (IO) is needed for each business relationship with publisher.

Publisher shall agree to the following:

  • The Publisher agrees not to resell any creatives to other 3rd parties.
  • The Publisher agrees not to place creatives on blank web pages or on web pages with no content, or in any way deceptive to the visitor.
  • The Publisher represents and warrants that all content, products, and services on its web site are legal to distribute and that it owns or has the legal right to use any and all copyrighted material.
  • Publisher will give 24 hours written notice of any change in impressions or termination of agreement to FPK MARKETING LIMITED.
  • FPK MARKETING LIMITED will notify advertisers and or publishers as soon as reasonably possible upon receipt of termination.
  • The publisher shall agree to the Advertiser’s documented impressions and notify FPK MARKETING LIMITED of any discrepancies that may arise between Publisher and Advertiser.
  • The Publisher shall, in their best effort, let FPK MARKETING LIMITED know of any other advertiser that may be considered competition to the above Advertiser or any other possible conflict of interest to either Advertiser or FPK MARKETING LIMITED.
  • Publisher will not disclose the terms of the agreement to any other person without FPK MARKETING LIMITED consent.
  • Publisher hereby agrees to indemnify, defend, and hold harmless FPK MARKETING LIMITED and its officers, directors, employees from all claims, actions, liabilities, losses, damages, expenses, and costs that may at any time be incurred by any of them by reason of any claims, suits or proceedings for libel, defamation, violation of right of privacy or publicity, copyright infringement, trademark infringement or other infringement of any third party right, fraud, false advertising, misrepresentation, product liability or violation of any law, statue, ordinance, rule or regulation.
  • The Publisher agrees not to send any illegal traffic to FPK MARKETING LIMITED offers. If the Publisher sends such traffic, FPK MARKETING LIMITED has the right to withhold the payment.

FPK MARKETING LIMITED agrees to the following:

  • Invoice data is to be based on FPK MARKETING LIMITED’s server reports. In case of data difference between Advertiser’s / Publisher’s server reports should not exceed 15%. Publisher’s reports shall be generated taking into account the Advertiser’s time zone (GMT +03:00).
  • In the event there is a greater than 15% differential between the Advertiser’s / client’s server reports and Publisher’s server reports, the campaigns will be immediately stopped and payment will be based upon the average statistics of the two reports.
  • FPK MARKETING LIMITED agrees to pay the publisher within 30 days of the end of the month for run of said campaign.
  • Each Party is solely and separately responsible for its own taxes, levies and duties. The Party that remits payment is solely and separately responsible for any and all bank charges and fees in regard to respective payment.
  • Payment made by FPK MARKETING LIMITED prior to run of campaign is credited towards the actual delivery of campaign.
  • FPK MARKETING LIMITED will give 24 hours notice of any change in impressions or termination of agreement with publisher.
  • FPK MARKETING LIMITED will utilize its full range of advertising programs currently in use and those that become available after the Effective Date during the term of the Agreement to service the advertiser.
  • FPK MARKETING LIMITED will give both advertiser and publisher a login and password for access to our ad management system.
  • FPK MARKETING LIMITED will centrally manage all advertising placed on the publisher’s Web through our third party ad management system unless otherwise specified in writing by the advertiser or publisher.
  • Monthly advertising totaling less than one hundred dollars will be paid on the following billing cycle if the new billing total is greater than one hundred dollars.
  • The Publisher will be allowed to view daily data through a created password accessing FPK MARKETING LIMITED platform.

Publisher shall agree to the following:
  • The Publisher agrees not to resell any creatives to other 3rd parties.
  • The Publisher agrees not to place creatives on blank web pages or on web pages with no content, or in any way deceptive to the visitor.
  • The Publisher represents and warrants that all content, products, and services on its web site are legal to distribute and that it owns or has the legal right to use any and all copyrighted material.
  • Publisher will give 24 hours written notice of any change in impressions or termination of agreement to FPK MARKETING LIMITED.
  • FPK MARKETING LIMITED will notify advertisers and or publishers as soon as reasonably possible upon receipt of termination.
  • The publisher shall agree to the Advertiser’s documented impressions and notify FPK MARKETING LIMITED of any discrepancies that may arise between Publisher and Advertiser.
  • The Publisher shall, in their best effort, let FPK MARKETING LIMITED know of any other advertiser that may be considered competition to the above Advertiser or any other possible conflict of interest to either Advertiser or FPK MARKETING LIMITED.
  • Publisher will not disclose the terms of the agreement to any other person without FPK MARKETING LIMITED consent.
  • Publisher hereby agrees to indemnify, defend, and hold harmless FPK MARKETING LIMITED and its officers, directors, employees from all claims, actions, liabilities, losses, damages, expenses, and costs that may at any time be incurred by any of them by reason of any claims, suits or proceedings for libel, defamation, violation of right of privacy or publicity, copyright infringement, trademark infringement or other infringement of any third party right, fraud, false advertising, misrepresentation, product liability or violation of any law, statue, ordinance, rule or regulation.
  • The Publisher agrees not to send any illegal traffic to FPK MARKETING LIMITED offers. If the Publisher sends such traffic, FPK MARKETING LIMITED has the right to withhold the payment.

FPK MARKETING LIMITED agrees to the following:
  • Invoice data is to be based on FPK MARKETING LIMITED’s server reports. In case of data difference between Advertiser’s / Publisher’s server reports should not exceed 15%. Publisher’s reports shall be generated taking into account the Advertiser’s time zone (GMT +03:00).
  • In the event there is a greater than 15% differential between the Advertiser’s / client’s server reports and Publisher’s server reports, the campaigns will be immediately stopped and payment will be based upon the average statistics of the two reports.
  • FPK MARKETING LIMITED agrees to pay the publisher within 30 days of the end of the month for run of said campaign.
  • Each Party is solely and separately responsible for its own taxes, levies and duties. The Party that remits payment is solely and separately responsible for any and all bank charges and fees in regard to respective payment.
  • Payment made by FPK MARKETING LIMITED prior to run of campaign is credited towards the actual delivery of campaign.
  • FPK MARKETING LIMITED will give 24 hours notice of any change in impressions or termination of agreement with publisher.
  • FPK MARKETING LIMITED will utilize its full range of advertising programs currently in use and those that become available after the Effective Date during the term of the Agreement to service the advertiser.
  • FPK MARKETING LIMITED will give both advertiser and publisher a login and password for access to our ad management system.
  • FPK MARKETING LIMITED will centrally manage all advertising placed on the publisher’s Web through our third party ad management system unless otherwise specified in writing by the advertiser or publisher.
  • Monthly advertising totaling less than one hundred dollars will be paid on the following billing cycle if the new billing total is greater than one hundred dollars.
  • The Publisher will be allowed to view daily data through a created password accessing FPK MARKETING LIMITED platform.

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