Rentracks Terms of Service for Publisher
Article 1. General Provisions
Rentracks Terms of Service for Publisher (the “TOS”) establishes cooperation relationship between Rentracks’ affiliate program (the “Service”) provided by Rentracks group(the “Company”), where advertisement of Advertiser (the “Advertiser”) are posted by publisher ("the Publisher") on the sites in internet (the “Publisher Site"). The Publisher who is registered to the Service and publish the advertisement have agreed with all the provisions of TOS and shall comply with it.
Article 2. Contents of the Service
Under the terms prescribed here after, Publisher shall post a guidance advertisement directing to the Advertiser's site on the Publisher' Site, in which when a visitor (the “Visitor) visited the Advertiser's site, the Company shall pay the advertising fee (remuneration) to the Publisher when the behavior specified in Article 3 is taken via the advertisement posted by Publisher. The Publisher can check information such as type of advertising fee, amount, terms and conditions offered by the Advertiser in the dedicated management dashboard (the "Control Panel").
Article 3. Types of Advertising Fee
Below are the types of advertising fee in which the type on each product campaign is decided by Advertiser.
1. Document request / application type (CPA)
The Visitor who access the Advertiser's site via the advertisement displayed on Publisher Site and do certain actions on Advertiser’s site, such as document request, user registration, or application; the remuneration will be paid to Publisher according to the number of cases.
2. Sales compensation type (CPS)
The Visitor who access the Advertiser's site via the advertisement displayed on Publisher Site and purchases service or goods, the remuneration will be paid to Publisher according to the value of purchase made.
Article 4. Registration to the Service
1. Anyone who intend to become a Publisher shall contact the Company to obtain necessary information and undergo authentication review.
2. In case of the application under the preceding paragraph, the Company shall use their right to make the decision in order to approve the registration at the sole discretion. The Company shall notify the result of application by e-mail and/or telephone. Applicants shall be entitled to join the Affiliate Program as the Publisher once they have received a notification of registration approval.
3. The Company shall have their rights to reject or disapprove any applicant under the following circumstances:
I. The applicant is under 18 years old
II. The applicants had been registered in the Services in the past and such registration has been deleted for any reason
III. There is a false matter intentionally applied at the time of application
IV. The Applicant is a member or a sub-member of antisocial forces or similar items (Antisocial forces) or who cooperates in the maintenance and operation of anti-social forces in case the fact is found out
V. Any inappropriate circumstances depend on the company's decision.
In case that the applicant becomes to be under the abovementioned circumstance after the approval from the company have been received, the Company shall reserve their right to perform any necessary measures as stated in TOS accordingly.
4. The Company shall reject the application registration if the Publisher Site is operated under the following condition:
I. Including expressions / contents that may infringe copyright or other intellectual property rights
II. Including expressions / contents that may infringe others' honor, privacy rights, portrait rights and other rights
III. When the Publisher are involved in activities such as pyramid scheme, MLM, network business, etc., or when introduced to such information in the site
IV. Providing illegal or antisocial expression or content
V. Providing content that contrary to public order and morals
VI. Providing religious-related expressions or contents
VII. The target of the site is only for the use of a specific person, such as family or friends
VIII. When it is not open to the public, such as requiring an ID and password to access
IX. The number of links to the site which are corresponding to each item of this section is remarkably large
X. When the contents are scarce, hence it is recognized as unknown
XI. The site prohibits any access from people under the age of 18 and provides adult-related expressions or contents
XII. Any inappropriate circumstances depending on the company's decision.
In case that the applicant becomes to be under the abovementioned circumstance after or before the approval from the company have been received, the Company shall reserve their right to perform any necessary measures as stated in TOS accordingly.
Article 5. Establishment of Advertisement Publication Agreement with Advertiser
1. Publisher shall select the preferred advertisement material (the “Product”) to post the advertisement on the Publisher site (Affiliation) on the Control panel.
2. Publisher shall apply for affiliation as Publisher after confirming the type of advertising remuneration listed on the Control panel, such as the amount and other conditions of affiliation, and agree on it. The amount of advertising fee on the Control Panel shall be the amount already includes consumption tax.
3. If the Publisher applies for Affiliation and the Advertiser approve it, an advertisement publication agreement is concluded.
4. The Company and the Advertiser may change compensation settings individually based on their own criteria of the content, type, or nature of individual Publisher sites and the actual sales of the Services as well. In response to that change, the Publisher shall not be able to file any objection and reason for disclosure. Moreover, if the Company determines that its performance violates TOS, the Company may cancel the change retroactively for the period. In such case, the Publisher shall not be able to file any objection demand to disclose the reason.
Article 6. Approval of Sales
1. Sales means any purchase of product, request of document, service application registration of member or other acts are determined by each of the Advertiser’ records on the Company's server (Server). In case such records have not been made for some reasons, including but not limited to natural disasters or other abnormal situations, based on the information declared by Advertiser, the Company shall approve the sales according to the judgment of the Advertiser. In addition, the Publisher shall not be able to file any dispute and demand to disclose the reason for the decision made. However, this shall not be applied if the Company clearly determines that there is a problem on the Advertiser’ side.
2. Sales approval work means any operation to confirm approval or rejection of the individual sales case.
3. Approved sales are any sale which is being approved after sales approval work is done and become advertising fee is payable by Advertiser.
4. The criteria for the Sales Approval shall be made by the discretion of each Advertiser. The Publisher site, etc. cannot claim any objection and reason for the Sales Approval criteria; however, this shall not be applied if the Company clearly determines that there is a problem on the Advertiser side.
Article 7. Payment of Advertising Fee
1. The Company shall pay the advertisement fee to the Publisher under the terms specified below
2. In principle, the payment of advertisement fee shall be made every month. However, if the amount is less than 5$, the payment shall be suspended until it reaches 5$.
3. The Company shall transfer the monthly advertising fee to the bank account previously registered by the Publisher by the end of the following month. The transfer fee occurred shall be borne by the Company. However, if end on month falls on a weekend or holiday, the payment shall be made on the next bank business day.
4. The company may withhold the payment to the Publisher in the event of delay of Advertising fee from the Advertiser. In case that the Advertiser fail to perform the payment to the Company, the Company shall have the right to withhold the payment to the Publisher as well.
5. When the Publisher fail to notify the Company at any matters which are required to be notified to the Company under this TOS and intentionally perform any act which violates this TOS, the Company shall have the right to deny any remuneration payment.
Article 8. Monitoring the work
1. The Company shall have their right to monitor Publisher’ usage of service to be in accordance with TOS anytime at the Company's discretion.
2. In case that the particular Publisher got any judgment from the relevant surveillance regarding the engagement in any kind of corruption, the Company shall be entitled to act as follows:
a) Refuse whether partial or entire of the payment of advertiser fee to such publisher;
b) Terminate the registration as Publisher without prior notice;
c) Claim actual damages arising from such act;
d) Perform criminal litigation against the Publisher;
e) Perform any measure that deemed proper for such specific case
Article 9. The Suspension and Interruption of the Services
1. The Company has the right to periodically or urgently implement maintenance and repairmen of the servers, software on which the Services run, and if other needs are found, the Company may temporarily stop the Services.
2. The Company shall be able to suspend the Services if it determines that certain circumstances arise which then make it difficult to continue to provide the Services.
3. The Publisher preliminarily agree that the Services provided by the Company may be suspended for a certain period of time, thereby not protesting if the advertisement fee is reduced. The Company will not be liable for damages and the Publisher shall accept without complain.
Article 10. Changes to the Services
1. The Company may change the content of the Services without notifying the Publisher in advance.
2. In the case of the preceding paragraph, the Company shall not be liable for any damage occurring from such change of service to the Publisher.
Article 11. Obligation of the Publisher
1. Publisher shall notify the Company immediately for any changes of the contents in the Publisher site. Upon the acknowledgement of the Publisher, they shall immediately notify the company that the publisher site cannot be accessed.
2. The Publisher shall not change the contents of the Publisher site to the contents listed in each item of Article 4, paragraph 4.
3. The Publisher shall not infringe the copyright or perform other illegal acts on the Publisher site. If there are any damages or claim arising from the contents of the Publisher site, Publisher have to agree to take responsibility to resolve it in good faith and without delay at their own cost. The Company and the Advertiser shall not be borne with any burden or inconvenience.
4. The Publisher shall immediately report to the Company for any problem encountered upon receiving of the Services, or other discovery of problems. The Publisher shall take all responsibility for any damages or problem arising from the failure to perform this article.
5. The Publisher shall ensure that the ID and Password and other information issued by the Company in order to use the Control panel are well-managed and it shall not be used unjustly, informed to and used by a third party.
6. The Publisher may not enter into an advertisement publication contract directly with the Advertiser without going through the Company. Even after the termination as Publisher.
7. The Publisher shall immediately change the registration information if there is a change in the matter offered to the Company at the time of registration application. The Publisher shall take their responsibility for any disputes arising from neglecting any of the changes. The Company shall have no responsibility on this issue.
Article 12. Restriction
1. Publisher shall not do anything that may damage the Publisher' site: using expression in a way Publisher forced or pleaded in order to receive clicks for advertisement fees, induce clicks in an unintended way different from Advertiser’s intention, using expression that may dishonor or potentially disturb the reputation of Advertiser, explaining the contents of the Services, the amount of the remuneration fee and etc. However, listing recommendation to guide users to the Advertiser site is not limited to this.
2. The Publisher or a third party shall not use fraudulent way such as displaying many advertisements by using automated display etc. to obtain advertisement fees, perform fake clicks and actions that are subject to payment of advertising fee. Also, strictly prohibits any action that the Publisher are deemed to be fraudulent by the Company. However, this is not the case if the Advertiser allow it.
3. The Publisher are prohibited from receiving requests from the third parties and perform the act of ordering and/or registration that resulting in advertising fee needed to be paid by Advertiser.
4. The Publisher shall not modify the HTML code which is distributed by the Company to be altered by the third party. The same shall apply even after termination of registration.
5. The Publisher shall not use the HTML code which is distributed by the Company for any advertisement purpose outside of the registered Publisher site. The same shall apply even after termination of registration.
Article 13. Prohibition on Transfer of Rights and Obligations
The Publisher shall not transfer any rights or obligations under TOS in whole or in part to the third parties without obtaining prior consent from the Company.
Article 14. Management of Information
Article 15. Confidentiality Obligation
1. The Publisher shall treat the information provided by the Company in relation to TOS as Confidential Information and shall take necessary measures for its management and usage. Provided, however, this clause shall not apply to the following information:
I. The Information that already have been held without obligation to keep confidentiality
II. Information obtained legitimately from a third party without obligation to keep confidentiality
III. Information which is developed independently, regardless of information provided from the other party.
IV. Information that has become publicly known without violating this Agreement regardless known by the other party or not.
2. The Publisher shall use the confidential information within the scope of TOS's purpose and shall not disclose to the third party without the prior written consent from the Company.
3. The validity of this Article shall be maintained even after expiration or termination of this Agreement.
Article 16. Copyright
Copyright and other related intellectual property rights in the Services belongs to the Company.
Article 17. Termination of Registration
1. The Company shall have the right to terminate the registration of the Publisher by notifying the Publisher for the following condition(s):
I. When judging that it is difficult to continue to provide the Services due to natural disasters and other abnormal situations
II. When it is found out that there was a false material information applied at the time of registration application
III. When the content of the Publisher site falls under any of the items listed in each item of Article 4, paragraph 4
IV. Failure to give notification deemed necessary to the company
V. When Company cannot contact the Publisher without prior reasonably notice from the Publisher
VI. When the Publisher breach this TOS
VII. When there is an act of fraud or distrust in the Publisher in which continuation of this Agreement is recognized difficult.
VIII. When the Company determines that the Publisher have not logged in to the control panel for more than one year or the advertisement has never been delivered into the site, or the advertisement link has never been clicked
IX. It is discovered that the Publisher is a member or a sub-member of antisocial forces or similar items (hereinafter referred to as "antisocial forces.") or cooperates in the maintenance and operation of anti-social forces, etc.
X. When the Company is not suitable as the Publisher. In case that the Publisher' registration has been cancelled, the Advertisement Publication Agreement shall be terminated as well. In addition, the Publisher shall not claim for any dispute with the judgment of the Company at all and the Company shall not be liable for any disadvantage or damage suffered by the Publisher or any third party, regardless of the reason the Company does not owe to anyone.
2. In accordance with the provisions of the preceding paragraph, if the deletion of registration is made, the Company shall not pay outstanding advertising fees to the Publisher.
Article 18. Termination of Advertisement Publication Agreement
1. If the Agreement between the Company and the Advertiser is terminated, the Advertisement Publication Agreement shall be terminated at the same time, and the Company will notify the Publisher promptly.
2. If the Advertiser requests to terminate the affiliation with the Publisher, the Company will notify the Publisher promptly and the Advertisement Publication Agreement will be terminated by said notification. After the termination, the Company shall pay Publisher the remaining remuneration at usual term.
Article 19. Withdrawal from the Publisher
1. The Publisher can unregister the Services at any time.
2. Registration of the Publisher will be deleted and the Advertisement Publication Agreement shall also be terminated at the same time.
Article 20. Treatment for the Accumulated Advertisement Fee
1. According to the preceding articles, registration of the Publisher will be deleted in case of termination of the Services. If the amount of unpaid advertisement fee is less than Rp 50.000, the Publisher will waive its claim and agree not to receive any payment.
2. The Company will notify the Publisher if the Company cannot make a payment to the bank account registered by Publisher. If Publisher does not update the bank account information, the Company considers the Publisher to have renounced the remuneration and the Publisher has agree to not receive the payment.
Article 21. Disclaimer of Damages
The Company shall not be liable for any damages or to disclose any reason of the damage caused or suffered by the Publisher regarding the Services.
Article 22. Liability
1. The Publisher shall indemnify for any damages occurred to the Company by the fault of the Publisher.
2. The Publisher shall resolve any trouble occurred to a third party as their own responsibility.
Article 23. Communication
1. Both Parties shall send any notification regarding this TOS to the other party in writing by email or any possible contacting way shown in the website.
2. If any notification is sent via email, the send out date shall be deemed as the receipt date.
3. The Publisher will immediately change the registration information if the Publisher changed the e-mail address. If the e-mail from the company has not been delivered to the Publisher properly due to the Publisher did not make changes to the registered information (such as e-mail address), previous interaction history such as when sending the e-mail as notification to the Publisher, it shall be deemed as the receipt from the Publisher.
Article 24. Effect of TOS
TOS will take effect from the date that the Publisher enter into this agreement and applied for the registration as well.
Article 25. Governing Law and Jurisdiction
TOS shall be governed and construed by the local law of the country.
Any dispute relating to TOS, the local Court of the country shall be the exclusive jurisdiction court of the first instance.
Article 26. Modification and Revision of Terms and Conditions
This TOS as well as the Agreement with Advertiser shall be subjected to change from time to time. After the change, the Publisher who did not offer to cancel the registration shall be deemed to have approved the updated TOS and any applicable change in terms and conditions.
Article 27. Integrity Consultation
With regard to matters which are not stipulated in TOS, the Company and the Publisher shall negotiate in good faith and resolve in a satisfactory manner.
TOS were established and becomes in force on 24th, April 2021.
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