COSMIC NETWORK LTD
ACCEPTANCE, AVAILABILITY AND MODIFICATION OF GENERAL CONDITIONS IN Cosmic Network ltd.
The present document contains the General Partner Conditions (from here on out, referred to as “Conditions”) that regulate the relationship between Cosmic Network LTD (from here on out, referred to as COSMIC) and the partners and users of COSMIC services (from here on out referred to as “Partner”).
COSMIC reserves the right to modify (for justified reasons such as updating the document to reflect updated legislation, evolution of processes or changes in the services offered, or the terms and clauses present in these Conditions. COSMIC will inform of modifications to the Conditions through the URL www.cosmicgroup.mobi or www.cosmicnetwork.mobi or by email if it possible.
OWNERSHIP OF WWW.COSMICNETWORK.MOBI AND REGISTRATION INFORMATION.
Contact email: firstname.lastname@example.org
The status of Partner is acquired, through the mandatory acceptance of these terms.
In order to acquire the status of Partner, you must be at least 18 years of age and fully accept all the terms that make up this document (Conditions). By accepting, you acknowledge that your are 18 or older, and that you are within your full capacity to make a business agreement and that you have read and comprehended the present Conditions, being bound by the same.
Cosmic will archive the electronic document that constitutes the agreement and will confirm the acceptance of the contract via an acknowledgement of receipt by email with the mentioned contract attached.
Partners that do not accept the conditions reflected here will not have access to their control panel, and it will be understood that the commercial relation between Cosmic and the partner has been automatically terminated, without the right to demand posterior payments.
Cosmic reserves the right to not pay pages that it considers inadequate for advertising services.
In the Partner zone, partners will have access to all sections where they will be able to check their earnings.
COSMIC manages the advertising traffic generated by its sollaborating Partners either through their pages, buying from third parties or sent through other agreements with third parties that Partners might have, obtaining benefits from the conversions that the traffic generates through different advertising formats and systems hired by COSMIC.
CONDITIONS OF SERVICE
The partner will use whichever advertising format Cosmic provides or will send traffic to the URLs that are provided for that purpose, sending traffic from users navigating on smartphones, tablets or desktop devices to COSMIC’s advertising service, who will be shown the corresponding advertising campaigns, paid for in differing models previously negotiated with the client.
a. ADVERTISING CAMPAIGNS
COSMIC will modify the advertising content provided to its Partners at any time, always in the name of obtaining the best possible results.
The Partner, therefore, by accepting the present conditions, expresses conformity with Cosmic’s choice of advertising destined for the different web pages of the Partners. Additionally, the Partner recognizes Cosmic’s right to modify the ads at any time.
B. AD FORMAT ORDER
The partner must include only the scripts provided by COSMIC or redirect traffic to specified URLs following the instructions that can be found in the partner zone or COSMIC’s authorized area.
C. SERVICE ACCESS
Partners must identify themselves with a personalized user name and password. Partners must maintain these access codes completely secret and confidential, as they have full responsibility for their custody and conservation, and any consequences that might come from their use by unauthorized third parties. Partners exempt COSMIC from any responsibility for the loss of the confidentiality of their username or password and their use by unauthorized third parties.
RATES AND PAYMENT METHODS
In the Statistics tab, Partners can obtain information about daily impressions and revenue.
The total revenue that a Partner generates will be computed using COSMIC’s statistics, which, as previously stated, will be accessible through the same URL.
Revenue will be billed and paid monthly, as long as a minimum of 1000 US dollars has been generated. If the 1000 US dollars limit is not reached, the revenue generated will accumulate and be paid the following month or months.
COSMIC will pay the total quantity indicated on the invoice within a maximum of 90 days after reception of the same.
Once the invoice is received, Cosmic will proceed to pay the amounts generated. Invoices will be paid only by bank transfer.
The costs associated with money transfers will be charged to the Partner.
PARTNER RIGHTS AND OBLIGATIONS
Once Partners have registered, and after accepting the Conditions, they will have the right to be automatically assigned codes and urls in order to begin sending traffic.
Partners will have the right to the payment of revenue generated, which will be reflected in the Statistics page, as long as the minimum revenue amount has been met as mentioned in section 7.
Partners are expressly prohibited from including content that infringes the law, moral conduct, good manners or public order in the URLs in which Cosmic advertising will be inserted.
Partners are expressly prohibited from modifying the code or URLs provided by Cosmic.
Partners are expressly prohibited from ceding, or transferring the rights and obligations established in the present Conditions to third parties. Nor will they be resold or ceded for commercial reasons.
Partners are also expressly prohibited from using COSMIC’s services fraudulently.
Partners are responsible for maintaining their user names and passwords completely confidential and secret. COSMIC reserves the right to execute the actions or complaints it deems necessary as a consequence of any damages caused to COSMIC by a Partner’s breach of this responsibility.
Partners are solely responsible for compliance with the obligations associated with the applicable current legal framework for the realization of their respective activities and are obliged to leave the other parties exempt from claims, lawsuits or actions (administrative, criminal, or civil) that may arise from the total or partial breach of the obligations that the present section refers to.
TRANSFER OF AD SERVICE
The advertising service, through which COSMIC provides advertising for Partner web pages, using different advertising formats, may not be transferred, resold, or ceded in connection with the sale or transfer of a Partner web page or for any other reason. For example, when a web page changes owners or administrators, the owner must cancel COSMIC’s service and the new owner or administrator must solicit a new COSMIC account.
COSMIC will not be held responsible for the actions or omissions of Partners that perform a complete or partial breach of the present conditions.
COSMIC does not guarantee an advertising service free of errors or interruptions, nor will it be held responsible in such cases. In no circumstance will COSMIC be responsible for losses, damages, or harm of any type that Partners may suffer due to these errors. COSMIC will not be held responsible for advertising placed by the Partners in their own URLS that breaches these Conditions partially or in its totality.
COSMIC will not be held responsible for the infection of Partner or third party hardware, software, or computer systems by foreign computer programs or materials that contain instructions that may cause harmful effects, including but not exclusive to computer viruses, trojan horses, computer worms, etc.
Partners will leave COSMIC exempt from the actions or claims that third parties might exercise against
COSMIC or other Partners, when said actions or claims are a consequence of actions or omissions exclusively
attributable to the Partner and/or derived from a full or partial breach of the content of the present conditions.
COSMIC reserves the right to execute corresponding judicial actions and/or claim indemnization for the
damages caused. If COSMIC were to suffer any type of economic claim, COSMIC reserves the right to
discount the cost of the same from the revenue generated by itself or the Partners that must contest the
economic claim in virtue of the content of the present General Conditions.
COSMIC will not be held responsible for advertising or promotions done by the Partner that have not been provided by COSMIC.
Partners will not be held responsible for the content of the advertising campaigns shown by COSMIC’s ad service.
Partners will not be held responsible for the content shown to users as a consequence of the use of COSMIC’s service, and will be exempt from any responsibility that might be derived from the same.
INTELLECTUAL AND INDUSTRIAL PROPERTY
Partners agree, through the acceptance of the present Conditions, to obey all the guidelines relating to intellectual property in the provision of services, for which COSMIC will be exempt from any and all responsibility that might come as a consequence of a possible infringement of intellectual property rights in relation to the services provided by Partners, leaving COSMIC exempt from any claims that might arise for this reason.
Partners will be held fully responsible for the content and services of URLs under their ownership. The services provided by Partners may not be illicit, immoral, or disturb the public order.
Partners will be solely responsible for damage claims brought by any third party against COSMIC that result directly or indirectly from the breach of the Partner guidelines and obligations expressed in these Conditions. Furthermore, Partners are obligated to do whatever necessary to keep COSMIC exempt from claims or demands of any type, in relation to the functioning of the mentioned services.
Partners promise to correctly comply with the legal protection demanded in order to avoid the lodging of complaints, actions, or lawsuits (administrative, criminal, or civil) by third parties before any jurisdiction or trial. COSMIC is exempt from any responsibility derived from any breach of Partner obligations in intellectual or industrial property rights and provision of services.
BREACH AND RESOLUTION
COSMIC will settle, cancel, or suspend (temporarily or permanently) without bias, a Partner account without the right to payment of pending revenue generated in any of the following cases: (i) If the partner partially or fully breaches the terms and clauses in the present Conditions; (ii) If COSMIC cannot verify or authenticate information provided by the Partner; (iii) If the Partner were to perform actions that were to place additional responsibilities on the Partner, COSMIC, or third parties; (iv) If the partner breaches applicable guidelines; (v) If COSMIC discovers that the activity or information of its Partners are illicit or damages the rights or property of third parties with the right to an indemnization; (vi) If a Partner were to cede, subrogate, or attempt to cede part or all of the assets, rights and obligations that correspond to them in virtue of the present conditions to third parties; (vii) If a Partner were to place advertising formats that were difficult to see or confusing for the user, and as a consequence of said placement of formats the Partner were to generate little access traffic, COSMIC is within its rights to cancel said Partner’s account; (viii) If COSMIC were to believe, based on its own statistics and control systems, that a Partner is using the impressions and clicks service in a fraudulent manner in order to increase revenue; (ix) If COSMIC were to discover that a Partner was not complying with the task of maintaining its passwords secret; (x) If COSMIC were to believe, based on its own statistics and control systems or additional information, that the “Medium” registered by a Partner is not generating profitable traffic for the advertising system, (if the traffic does not convert, or generate benefits to the advertisers) or these media have been judged to have decreased in quality.
COSMIC and/or the Partners may consider their contractual relation derived from the acceptance of the present Conditions terminated at any time for no other reason than their own will, with a pre-notice of fifteen (15) natural days, by mail or whichever method COSMIC deems opportune to contact the client.
COSMIC, in compliance with its organization and optimization of its system, may eliminate any user account and with it all the added services and revenue generated, if the client does not enter the system or perform an action in any of COSMIC’s services during a period of one year.
COSMIC is within its right to end a contract giving service to a Partner if it detects any type of fraud mentioned in previous clauses, resulting in any content or service that the client has under contract falling under COSMIC’s possession as compensation for any problems the fraud may have caused.
The resolution of these conditions does not exempt from compliance of outstanding obligations as well as those applicable to third parties.
COSMIC informs all Partners that the personal information provided will be saved in an automized file whose purpose will be the management of the contractual relation derived from the acceptance of the present Conditions, as well as to keep the Partner informed about all of COSMIC’s new products, with the consent that the Partner’s information will only be used to comply for these purposes and, if necessary, to be released.
The owners of personal information will the right to freely access, correct, and cancel the same by sending a message to the following address: Cosmic Network LTD, 5000, Bulgaria, Veliko Tarnovo, bul Bulgaria, 5a, indicating the right/action wished to perform. An email address will be the method of choice to proceed to confirm the acceptance of the contract and inform Partners of any changes in these Conditions.
We inform you that the information provided is treated with maximum confidentiality, as COSMIC has adopted the technical and organizational methods and measures necessary to guarantee the security of personal information, avoiding the alteration, loss, treatment or unauthorized access to the same.
APPLICABLE LAW AND COMPETENT COURTS
The present Conditions are subject to the content of current applicable Bulgarain legislation. In order to resolve any case of litigation, discrepancy, difference, or conflict that might come from the execution or interpretation of the present Conditions the Bulgarian Law, without regard to principles of conflict of laws, will govern these Terms of Service.