1.1. The owner of the domain geenapp.com (hereinafter the WebSite) is Geenapp Internet, S.L (hereinafter Geenapp), with registered address at Avinguda Trescents Set 28, Castelldefels, Barcelona, Spain, holder of Tax ID number ESB66029323.
2.1. By entering or using this WebSite you will automatically be considered a user (hereinafter the User) which requires the full acceptance of each and every provision included in this Disclaimer, in the version published by Geenapp at the time when the User accesses or uses the WebSite. Consequently, the User must read and accept all the legal texts applicable to the use of the WebSite each and every time they intend to use the WebSite, as amendments may have been included.
2.2. Certain services or features may be subject to specific terms that, when appropriate, replace, complete and/or amend this document. Therefore, prior to using these services, the User must also carefully read and accept the corresponding Specific Conditions.
2.4. The contents and services offered through the WebSite are aimed only for its professional use. The personal use of these contents and services is strictly forbidden. Geenapp shall not be liable for the inadequate use of the contents and/or services.
3.1. Geenapp lets App Developers to promote the downloading of their mobile Apps through a network of publishers. Likewise, Geenapp provides its publishers (hereinafter referred to as the Publishers) with a tracking tool that lets them monetize their channels and social resources.
3.2. In order to allow Geenapp to track the mobile apps downloaded through the publishers' channels or networks, they must use the links provided by Geenapp (hereinafter referred to as the Geenapp Links).
3.3. Geenapp is the only owner and controller of the Geenapp Links, so Geenapp may, eventually, cancel or change the redirection of such links to pages and websites developed or controlled by Geenapp or their partners.
3.4. Geenapp may extend or modify this WebSite by removing or adding contents or services, at any time.
4.1. Users must be over the age of EIGHTEEN (18) years old.
4.2. Minors must obtain an specific written permission from their parents, guardians or legal representatives, who will be considered responsible for all acts conducted by them.
5.1. Condition, quality and user concept
5.1.1. Unless otherwise stated, no registration shall be required to access the WebSite for the sole purpose of reading, searching or displaying non-commercial information, notwithstanding the approval of the legal texts applicable to the WebSite by all the users.
5.2.1. You acknowledge and agree that you will use the contents or services offered in the website at your sole risk and / or responsibility.
5.2.2. You agree to use the WebSite and the services in accordance with the provisions of this legal notice and to make appropriate use of the services and/or contents of the WebSite and not to use it for illegal or criminal purposes, which may infringe the rights of others and/or violate the regulations on intellectual property, or any other applicable legal standards.
5.2.3. The user undertakes not to introduce or spread virus, malware or any other software which may harm or cause damages to Geenapp's and their users' computers, systems and devices.
5.2.4. The User agrees and undertakes not to take any action to impair the reputation of Geenapp or third parties.
6.1. Geenapp owns all the intellectual property rights, or has obtained the authorisations or licences required for exploiting these rights, over the domain name, the trademarks and distinctive symbols, the application, and any other works and/or inventions associated with the WebSite and the technology there to associated.
6.2. The contents of this website, including designs, applications, text, images and source code (Content), are protected by international intellectual and industrial proprietary rights.
6.3. Geenapp is the only owner of the URL and links (Geenapp Links) to be used by the publishers to promote the downloading of the mobile apps.
6.4. Under no circumstances can the content of the WebSite be used, reproduced, copied or transmitted in any way whatsoever without the prior and explicit writing permission of Geenapp.
6.5. The Users hereby authorise, licence and, to the utmost extent required, assign Geenapp with the use of the contents uploaded on the WebSite or delivered to Geenapp through whatever mean or channel, for its use, exploitation, publication, translation, modification, distribution, public dissemination and transformation, on a free of charge and universal basis, without any geographic or time limit.
6.6. Geenapp is a trademark by Geenapp Internet S.L. with european filling number 013295258.
7.1. Performance of the WebSite and of the Services
7.1.1. Uptime and continuity, utility and reliability
22.214.171.124. Geenapp does not guarantee the uptime and continuity of the WebSite and/or of the Services. Whenever reasonably possible, Geenapp will provide prior notice of any interruptions affecting the WebSite and the Services. Geenapp is also unable to guarantee the utility of the WebSite and of the Services for the performance of a specific activity, or of their infallibility.
126.96.36.199. The WebSite has been created and is exploited just as it was designed by Geenapp. As a consequence, Geenapp does not accept any liability whatsoever for damages of any kind that may be due to downtime or a lack of continuity of the WebSite and of the services, of any failure to satisfy expectations or specific needs of users and, more specifically, although not exclusively, for any failure to access the different web pages of the portal or those from which the services are provided, when these are caused on grounds that are beyond the will of Geenapp.
188.8.131.52. Access and use of the services offered by Geenapp requires a computer or mobile device and an Internet connection. The costs associated with these elements will be exclusively faced by the User.
7.1.2. Privacy and security in use of the website and of the Services. Geenapp has set forth all the technical security measures that it deems sufficient to ensure the security and privacy of the User's information. However, Geenapp shall not be liable for the use of the WebSite and of the Services and, more specifically, for failure by any unauthorised third parties of being aware of the conditions, class, characteristics and circumstances of the use made by Users of this website and of the Services.
7.2. Exclusion of guarantees and liability
7.2.1. Quality. Geenapp can't control or guarantee the lack of viruses or other elements in the contents provided by third parties, which may cause alterations in your computer system (software and hardware) or in the electronic documents and files stored on your computer system.
7.2.2. Legality, reliability and utility
184.108.40.206. Notwithstanding the efforts made by Geenapp to ensure that the information displayed on the WebSite maintains the highest standards of quality, Geenapp can't guarantee the legality, reliability, topicality and utility of such information.
220.127.116.11. Geenapp does not accept any liability for damages of any kind that may arise from:
(a) Breach of the law, of the morality and o the generally accepted good manners or public order by the User or third parties;
(b) The infringement of intellectual property rights, business secrets, contractual undertakings of any kind, reputation, personal and family privacy, personal image, property rights and any other kind of rights belonging to a third party, by the User or third parties;
(c) The performance of unfair competition acts and illegal advertising by the User or any third parties;
(d) The lack of veracity, accuracy, topicality, thoroughness, pertinence and/or updating of the information provided to Geenapp by the User or any other third party;
(e) The breach, delay in performance, defective performance or termination on whatsoever grounds of the obligations due by the User or any third parties;
7.3. Geenapp will not be liable for the content or performance of other websites which may be accessed through the inclusion of a link on this WebSite. This exclusion of liability extends to the contents and/or services offered through these websites unless these they belong to Geenapp.
8.1. The terms and use of the WebSite are construed, governed and interpreted in accordance with the laws of Spain. The parties hereby agree to expressly submit any controversy resulting from the use of the services to the jurisdiction of the courts of Barcelona (Spain).
This Publisher Program Operating Agreement (the "Agreement") is made and entered into by and between Geenapp Internet S.L. at Avinguda Trescents Set 28, Castelldefels, Barcelona ("Geenapp" or "we"), and you, ("Publisher" or "you") the party submitting an application to become a Geenapp publisher.
The terms and conditions contained in this Agreement apply to your participation with partner Geenapp ("Publisher Program").
Each Publisher Program offer (an "Offer") may be for any offering by Geenapp or a third party (each such third party a "Advertiser") and may link to a specific mobile App for that particular Offer ("App").
Furthermore, each Offer may have additional terms and conditions on pages within the Publisher Program are incorporated as part of this Agreement. By submitting an application or participating in an Offer, you expressly consent to all the terms and conditions of this Agreement.
1.1. You must submit a Publisher Program application from our website. You must accurately complete the application to become a publisher (and provide us with future updates) and not use any aliases or other means to mask your true identity or contact information. We may reject your application at our sole discretion for any reason.
2.1. Subject to our acceptance of you as a publisher and your continued compliance with the terms and conditions of this Agreement, Geenapp agrees as follows:
2.1.1. We will make available to you via the Publisher Program graphic and textual links to the App and/or other creative materials (collectively, the "Links") which you may display on web sites owned or controlled by you, in emails sent by you and clearly identified as coming from you and in online advertisements (collectively, "Media"). The Links will serve to identify you as a member of our Publisher Program and will establish a link from your Media to the App.
2.1.2. We will pay for each Qualified Action (the "Commission"). A "Qualified Action" means an individual person who (i) accesses the App via the Link, where the Link is the last link to the App, (ii) is not a computer generated user, such as a robot, spider, computer script or other automated, artificial or fraudulent method to appear like an individual, real live person, (iii) is not using pre-populated fields (iv) completes all of the information required for such action within the time period allowed by Geenapp and (v) is not later determined by Geenapp to be fraudulent, incomplete, unqualified or a duplicate.
2.1.3. We will pay you any Commissions earned monthly, provided that your account is currently greater than 100 USD / 100 EUR. Accounts with a balance of less than 100 USD / 100 EUR will roll over to the next month, and will continue to roll over monthly until 100 USD / 100 EUR is reached. We reserve the right to charge back to your account any previously paid Qualified Actions that are later determined to have not met the requirements to be a Qualified Action.
2.1.4. Payment for Commissions is dependent upon Advertisers providing such funds to Geenapp, and therefore, you agree that Geenapp shall only be liable to you for Commissions to the extent that Geenapp has received such funds from the Clients. You hereby release Geenapp from any claim for Commissions if Geenapp has not received such funds from the Advertiser.
2.1.5. Geenapp shall automatically generate an invoice on behalf of Publisher for all Commissions payable under this Agreement and shall remit payment to Publisher based upon that invoice. All tracking of Links and determinations of Qualified Actions and Commissions shall be made by Geenapp in its sole discretion. In the event that Publisher disputes in good faith any portion of an invoice, Publisher must submit that dispute to Geenapp in writing and in sufficient detail within fifteen (15) days of the date on the invoice. If Publisher does not dispute the invoice as set forth herein, then Publisher agrees that it irrevocably waives any claims based upon that invoice. In the event that Publisher is also tracking Qualified Actions and Publisher claims a discrepancy, Publisher must provide Geenapp with Publisher' reports within three (3) days after 30th day of the calendar month, and if Geenapp's and Publisher' reported statistics vary by more than 10% and Geenapp reasonably determines that Publisher has used generally accepted industry methods to track Qualified Actions, then Geenapp and Publisher agree to make a good faith effort to arrive at a reconciliation. If the parties are unable to arrive at a reconciliation, then Geenapp's numbers shall govern.
2.1.6. If Publisher has an outstanding balance due to Geenapp under this Agreement or any other agreement between Publisher and Geenapp, whether or not related to the Publisher Program, Publisher agrees that Geenapp may offset any such amounts due to Geenapp from amounts payable to Publisher under this Agreement.
2.2. Publisher also agrees to:
2.2.1. Have sole responsibility for the development, operation, and maintenance of, and all content on or linked to, your Media.
2.2.2. Ensure that all materials posted on your Media or otherwise used in connection with the Publisher Program (i) are not illegal, (ii) do not infringe upon the intellectual property or personal rights of any third party and (iii) do not contain or link to any material which is harmful, threatening, defamatory, obscene, sexually explicit, harassing, promotes violence, promotes discrimination (whether based on sex, religion, race, ethnicity, nationality, disability or age), promotes illegal activities (such as gambling), contains profanity or otherwise contains materials that Geenapp informs you that it considers objectionable (collectively, "Objectionable Content").
2.2.3. Not make any representations, warranties or other statements concerning Geenapp or Advertiser or any of their respective products or services, except as expressly authorized herein.
2.2.4. Make sure that your Media does not copy or resemble the look and feel of the App or create the impression that your Media is endorsed by Geenapp or Advertiser or a part of the App, without prior written permission from us.
2.2.5. Comply with all (i) obligations, requirements and restrictions under this Agreement and (ii) laws, rules and regulations as they relate to your business, your Media or your use of the Links.
2.2.6. Comply with the terms, conditions, guidelines and policies of any third party services used by Publisher in connection with the Publisher Program, including but not limited to, email providers, social networking services and ad networks.
2.2.8. Always prominently post and make available to end-users any terms and conditions in connection with the Offer set forth by Geenapp or Advertiser, or as required by applicable laws regarding such Offers.
2.2.9. Make sure to not place Geenapp ads on any online auction platform (i.e. eBay, Amazon, etc).
2.3. The following additional program-specific terms shall apply to any promotional programs set forth below:
2.3.1. Email Campaigns. For all email campaigns, Publisher must download the "Suppression List" from the Offers section of Geenapp (if available). Publisher shall filter its email list by removing any entries appearing on the Suppression List and will only send emails to the remaining addresses on its email list. Geenapp will provide an opt-out method in all Links, however, if any opt-out requests come directly to Publisher, Publisher shall immediately forward them to Geenapp at . Publisher's emails containing the Links may not include any content other than the Links, except as required by applicable law.
2.3.2. Publisher agrees that failure to download the Suppression List and remove all emails from the database before mailing may result in Commission withholdings, removal or suspension from all or part of the Publisher Program, possible legal action and any other rights or remedies available to Geenapp pursuant to this Agreement or otherwise. Publisher further agrees that it will not mail or market to any suppression files generated through the Geenapp network, and that doing so may result in Commission withholdings, removal or suspension from the Publisher Program, possible legal action and any other rights or remedies available to Geenapp pursuant to this Agreement or otherwise.
2.3.3. Advertising Campaigns. No Links can appear to be associated with or be positioned on chat rooms or bulletin boards unless otherwise agreed by Geenapp in writing. Any pop-ups/unders used for the Publisher Program shall be clearly identified as Publisher served in the title bar of the window and any client-side ad serving software used by Publisher shall only have been installed on an end-user's computer if the function of the software is clearly disclosed to end-users prior to installation, the installation is pursuant to an affirmatively accepted and plain-english end user license agreement and the software be easily removed according to generally accepted methods.
2.3.4. Publisher Network Campaigns. For all Publisher's that maintain their own affiliate networks, Publisher agrees to place the Links in its publisher network (the "Network") for access and use by those publisher in Publisher's Network (each a "Third Party Publisher"). Publisher agrees that it will expressly forbid any Third Party Publisher to modify the Links in any way. Publisher agrees to maintain its Network according to the highest industry standards. Publisher shall not permit any party to be a Third Party Publisher whose web site or business model involves content containing Objectionable Content. All Third Party Publishers must be in good standing with Publisher. Publisher must require and confirm that all Third Party Publisher affirmatively accept, through verifiable means, this Agreement prior to obtaining access to the Links. Publisher shall promptly terminate any Third Party Publisher who takes, or could reasonably be expected to take, any action that violates the terms and conditions of this Agreement. In the event that either party suspects any wrongdoing by a Third Party Publisher with respect to the Links, Publisher shall promptly disclose to Geenapp the identity and contact information for such Third Party Publisher. Publisher shall promptly remove any Third Party Publisher from the Publisher Program and terminate their access to future Offers of Geenapp in the Network upon written notice from Geenapp. Unless Geenapp has been provided with all truthful and complete contact information for a Third Party Publisher and such Third Party Publisher has affirmatively accepted this Agreement as recorded by Geenapp, Publisher shall remain liable for all acts or omissions of any Third Party Publisher.
2.3.5. Incentive Traffic: Publisher acknowledges that Geenapp is generally a non-incentivized traffic network. In case Publisher wants it, must write to email@example.com and the account will be changed to Only Incentivated. This means, that Publisher is not allowed to provide incentives (e.g. virtual or real currency) to his or her users for performing any actions resulting in a successful conversion event. Conversions achieved through providing incentives will therefore be treated as invalid and may lead to the exclusion of Publisher from Geenapp's network. This applies for all offers where incentive traffic is not explicitly approved. Geenapp may explicitly approve incentive traffic for certain offers through providing this information in the offer description or explicitly approving incentive traffic on a written basis for selected affiliates (e.g. via Email). Publisher will generally receive lower payouts for incentive traffic, details will be specified within the offer.
3.1. Except as otherwise provided in this Agreement or with the consent of Geenapp, you agree that all information, including, without limitation, the terms of this Agreement, business and financial information, customer and vendor lists, and pricing and sales information, concerning us or any of our affiliates provided by or on behalf of any of them shall remain strictly confidential and secret and shall not be utilized, directly or indirectly, by you for any purpose other than your participation in the Publisher Program, except and solely to the extent that any such information is generally known or available to the public through a source other than you. Publisher shall not use any information obtained from the Publisher Program to develop, enhance or operate a service that competes with the Publisher Program, or assist another party to do the same.
3.2. Publisher explicitly agrees to withhold completely from approaching Geenapp's advertisers either directly or through third parties by disclosing our partnership, be it to offer the Publisher's services directly to Geenapp's clients of for other purposes. Breach of this clause will result in a penalty fee to be determined by and independent court in Geenapp's residential country and should not be less than twice the financial loss caused through this unauthorized action with a minimum fee of 1000 EUR (in words: one thousand Euros).
4.1. We grant you a non exclusive, non transferable, revocable right to use the Links and to access our web site through the Links solely in accordance with the terms of this Agreement, for the sole purpose of identifying your Media as a participant in the Publisher Program and assisting in increasing sales through the App.
4.2. You may not alter, modify, manipulate or create derivative works of the Links or any Geenapp graphics, creative, copy or other materials owned by, or licensed to, Geenapp in any way. You are only entitled to use the Links to the extent that you are a member in good standing of the Publisher Program. We may revoke your license anytime by giving you written notice. Except as expressly stated herein, nothing in this Agreement is intended to grant you any rights to any of Geenapp's trademarks, service marks, copyrights, patents or trade secrets. You agree that Geenapp may use any suggestion, comment or recommendation you choose to provide to Geenapp without compensation. All rights not expressly granted in this Agreement are reserved by Geenapp.
5.1. This Agreement shall commence on the date of our approval of your Publisher Program application and shall continue thereafter until terminated as provided herein. You may terminate your participation in the Publisher Program at any time. We may terminate your participation in one or more Offers or this Agreement at any time and for any reason which we deem appropriate with or without prior notice to you by disabling the Links or providing you with a written notice. Upon termination of your participation in one or more Offers or this Agreement for any reason, you will immediately cease all use of all Links, plus all Geenapp or Advertiser intellectual property, and will cease representing yourself as a Geenapp or Advertiser publisher for such one or more Offers. All rights to validly accrued payments, causes of action and any provisions, which by their terms are intended to survive termination, shall survive any termination.
6.1 In addition to any other rights and remedies available to us under this Agreement Geenapp reserves the right to delete any actions submitted through your Links and withhold and freeze any unpaid Commissions or charge back paid Commissions to your account if (i) Geenapp determines that you have violated this Agreement, (ii) Geenapp receives any complaints about your participation in the Publisher Program which Geenapp reasonably believes to violate this Agreement or (iii) any Qualified Action is later determined to have not met the requirements set forth in this Agreement or on the Publisher Program. Such withholding or freezing of Commissions, or charge backs for paid Commissions, shall be without regard as to whether or not such Commissions were earned as a result of such breach. In the event of a material breach of this Agreement, Geenapp reserves the right to disclose your identity and contact information to appropriate law enforcement or regulatory authorities or any third party that has been directly damaged by your actions.
7.1. You must strictly comply with the US federal CAN-SPAM Act of 2003 (the "Act"). All emails sent in connection with the Publisher Program must include the appropriate party's opt-out link. From time to time, we may request prior to your sending emails containing linking or referencing the Publisher Program that you submit the final version of your email to Geenapp for approval by sending it to your Geenapp representative and upon receiving written approval from Geenapp of your email the email may be transmitted to third parties. It is solely your obligation to ensure that the email complies with the Act. You agree not to rely upon Geenapp's approval of your email for compliance with the Act, or assert any claim that you are in compliance with the Act based upon Geenapp's approval.
8.1. You are expressly prohibited from using any persons, means, devices or arrangements to commit fraud, violate any applicable law, interfere with other publishers or falsify information in connection with referrals through the Links or the generation of Commissions or exceed your permitted access to the Publisher Program. 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. Geenapp shall make all determinations about fraudulent activity in its sole discretion.
9.1. You hereby represent and warrant that this Agreement constitutes your legal, valid, and binding obligation, enforceable against you in accordance with its terms and that you have the authority to enter into this Agreement. Subject to the other terms and conditions of this Agreement, Geenapp represents and warrants that it shall not knowingly violate any law, rule or regulation which is applicable to Geenapp's own business operations or Geenapp's proprietary products or services.
10.1. In addition to any notice permitted to be given under this Agreement, we may modify any of the terms and conditions of this Agreement at any time by providing you with a notification by email. The changes will become effective ten (10) business days after such notice. If the modifications are unacceptable to you, you may terminate this Agreement without penalty solely on the account of such termination within such ten (10) business day period. Your continued participation in this Publisher Program ten (10) business days after a change notice has been posted will constitute your acceptance of such change. In addition, Geenapp 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. Publisher agrees to promptly implement any request from Geenapp to remove, alter or modify any Link, graphic or banner ad that is being used by Publisher as part of the Publisher Program.
11.1. You acknowledge that you have read this Agreement and agree to all its terms and conditions. You have independently evaluated the desirability of participating in the Publisher Program and each Offer and are not relying on any representation, guarantee or statement other than as set forth in this Agreement or on the Publisher Program.
12.1. Publisher hereby agrees to indemnify, defend and hold harmless Geenapp and Advertiser and their respective subsidiaries, affiliates, partners and licensors, directors, officers, employees, owners and agents against any and all claims, actions, demands, liabilities, losses, damages, judgments, settlements, costs, and expenses (including reasonable attorneys' fees and costs) based on (i) any failure or breach of this Agreement, including any representation, warranty, covenant, restriction or obligation made by Publisher herein, (ii) any misuse by Publisher, or by a party under the reasonable control of Publisher or obtaining access through Publisher, of the Links, Offers or Geenapp or Advertiser intellectual property, or (iii) any claim related to your Media, including but not limited to, the content contained on such Media (except for the Links).
12.2. Geenapp hereby agrees to indemnify, defend and hold harmless Publisher and its subsidiaries, affiliates, partners, and their respective directors, officers, employees, owners and agents against any and all claims, actions, demands, liabilities, losses, damages, judgments, settlements, costs, and expenses (including reasonable attorneys' fees and costs) based on a claim that Geenapp is not authorized to provide you with the Links.
13.1. The Publisher Program and Links, and the products and services provided in connection therewith, are provided to publisher "as is". Except as expressly set forth herein, Geenapp expressly disclaims all warranties, express, implied or statutory, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and noninfringement, and any warranties arising out of course of dealing, usage, or trade. Geenapp does not warrant that the publisher program or links will meet publisher's specific requirements or that the operation of the publisher program or links will be completely error-free or uninterrupted. Geenapp expressly disclaims any liability for any act or omission of an advertiser or their products or services. geenapp does not guarantee that publisher will earn any specific amount of commissions.
14.1. In no event shall Geenapp be liable for any unavailability or inoperability of the Links, Apps, technical malfunction, computer error, corruption or loss of information, or other injury, damage or disruption of any kind beyond the reasonable control of Geenapp. In no event will Geenapp be liable for any indirect, incidental, consequential, personal injury / wrongful 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 Geenapp has been advised of the possibility thereof. Geenapp'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 Geenapp in commissions during the six (6) months immediately prior to such claim.
15.1. Publisher shall be responsible for the payment of all attorneys fees and expenses incurred by Geenapp to enforce the terms of this Agreement. This Agreement contains the entire agreement between Geenapp and Publisher with respect to the subject matter hereof, and supersedes all prior and/or contemporaneous agreements or understandings, written or oral. Publisher agrees that Geenapp shall not be subject to or bound by any Publisher insertion order or online terms and conditions that amend, conflict with or supplement this Agreement, regardless of whether Geenapp "clicks through" or otherwise indicates its acceptance thereof. Publisher may not assign all or any part of this Agreement without Geenapp's prior written consent. Geenapp may assign this Agreement at any time with notice to Publisher. This Agreement will be binding on and will inure to the benefit of the legal representatives, successors and valid assigns of the parties hereto. The provisions of Section 3, 4(b), 6, 7, 8, 12-15 and any accrued payment obligations shall survive the termination of this Agreement. Except as set forth in the "Modifications" section above, this Agreement may not be modified without the prior written consent of both parties.
15.2. If any provision of this Agreement is held to be void, invalid or inoperative, the remaining provisions of this Agreement shall continue in effect and the invalid portion of any provision shall be deemed modified to the least degree necessary to remedy such invalidity while retaining the original intent of the parties. Each party to this Agreement is an independent contractor in relation to the other party with respect to all matters arising under this Agreement.
15.3. Nothing herein shall be deemed to establish a partnership, joint venture, association or employment relationship between the parties. No course of dealing nor any delay in exercising any rights hereunder shall operate as a waiver of any such rights. No waiver of any default or breach shall be deemed a continuing waiver or a waiver of any other breach or default.
15.4. By submitting and application to Publisher Program, you affirm and acknowledge that you have read this Agreement in its entirety and agree to be bound by all of its terms and conditions. If you do not wish to be bound by this Agreement, you should not submit an application to Publisher Program. If an individual is accessing this Agreement on behalf of a business entity, by doing so, such individual represents that they have the legal capacity and authority to bind such business entity to this Agreement.
1.1. This document sets forth the conditions under which Geenapp shall provide its services to the Advertiser, hereinafter generically referred to as the Service.
1.2. The Service includes
1.2.1. Creating a specific web address (URL), controlled and managed by Geenapp, for each campaign or promotion; Geenapp may eventually use the URL for other purposes after the termination of the campaign or promotion;
1.2.2. Promoting the Client's mobile apps through the channels and networks (jointly referred to as the network) controlled or managed by Geenapp; the parties will agree the content of each promotion or campaign, hereinafter referred to as the "campaign", prior to its execution.
1.2.3. Providing the Client with statistics and analytics information concerning the results of the campaign; the Client shall not be entitled to obtain any information regarding the identity of the sources from which the downloads have been linked or promoted, for privacy reasons.
1.3. The Client shall provide Geenapp with the following information prior to the execution of every campaign:
1.3.1. Name and features of the App to be promoted, hereinafter referred to as the App.
1.3.2. Available App markets and platforms.
1.3.3 Target number of downloads.
1.3.4. Any other information requested by Geenapp which Geenapp may deem necessary to execute the campaign.
2.1. The term of each campaign shall be agreed by the parties in the particular conditions.
2.2. The conditions agreed by the parties may include a specific number of downloads to be achieved; in this case, the campaign shall remain active until the target number of downloads has been achieved.
2.3. Geenapp may unilaterally terminate the campaign before the date agreed by the parties (hereinafter the termination date) and/or before the target number of downloads has been achieved; in this case, a compensation shall be paid by Geenapp to the Advertiser. The price of such compensation shall be the result of reducing the total price paid by the Advertiser to Geenapp, proportionally to the percentage of the term or the targets duly achieved.
2.4. In any event of termination, the Parties will be released from their duties, except those concerning confidentiality. Intellectual Property, jurisdiction, the payment of duties associated with the services provided by Geenapp and any other obligations whose extension after the termination of the contract has been specifically agreed by the parties.
2.5. The parties acknowledge and agree that after the termination of the campaign.
3.1. The price of the campaign shall be agreed by the parties in the particular conditions. Unless otherwise stated, prices don't include VAT or any other applicable taxes. The Advertiser shall provide Geenapp with all the information required by Geenapp in order to estimate the final price, taxes and expenses included.
3.2. Once that the particular conditions of the campaign have been agreed by the parties, Geenapp will issue an invoice which must be paid off by the Advertiser prior to the execution of the campaign.
3.3. Geenapp may not start the execution of the campaign until the price is fully paid by the Advertiser or will paid at NET30 with the invoice information.
4.1. Geenapp either owns or has obtained an authorization or licence to use or exploit the domain name, the trademarks and distinctive symbols, the application, and any other works and/or inventions related to the service.
4.2. The Advertiser is the owner, has obtained a license or is authorized to use or exploit the mobile app which is the object of the campaign, and the promotional materials and media (texts, images, etc.) provided to Geenapp.
4.3. The Client hereby authorises, licenses and, to the utmost extent required, assigns Geenapp with the use of the provided contents, including the trademarks and logos associated with the Advertiser and the Mobile App, so that Geenapp can execute or plan the campaigns. Such authorization or license will be as wide as necessary and will include, without limitation, the rights of use, exploitation, publication, translation, modification, distribution, public dissemination and transformation, on a free of charge and universal basis, without any geographic or time limit.
4.4. Geenapp is the only owner of the URL and links (Geenapp Links) to be used by the publishers to promote the downloading of the Mobile Apps.
4.5. The Advertiser exonerates Geenapp from any responsibility associated with an eventual breach of intellectual property rights arising from the lack of authorization or consent to use the contents provided by the Advertiser.
5.1. Confidential Information means any information that has been disclosed to any of the parties as a result of the performance of the rights and duties described here to, which is not available for the public domain as, for example, any information relating to business, customers, operations, facilities, procedures, methods, transactions, know-how or any other aspect of the activity of the Parties.
5.2. The Parties agree and undertake not to disclose the Confidential Information for any purpose different to the purposes associated with the present agreement.
6.1. Geenapp will not process any personal data of the Advertiser.
6.2. Each party agrees to comply with Spanish regulations for the protection of personal data, specifically, the Law 15/99 of December 13, Protection of Personal Data and Royal Decree 1720/2007 of 21 December, which approves the Regulation development of data protection.
6.3. Each will be liable for the consequences that may arise from their failure to comply with the obligations set down herewith.
6.4. Geenapp shall not provide the Advertiser with any personal information concerning the publishers or the users who have downloaded the Mobile Apps.
7.1. Geenapp will provide its services with the utmost care, in accordance with industry standards.
7.2. Geenapp may contract to third parties some or all the services necessaries to execute the services described in this document and in the particular conditions, such as the web hosting or the deployment of the campaigns, to the suppliers that it deems appropriate.
7.3. Geenapp will make its best effort to ensure the availability, integrity and security of its website and its reporting tools. Without limiting the foregoing, Geenapp can't assume any responsibility for the damages (whether direct or indirect, including without limitation loss of profits, interruption of business or loss of information) arising from or related to the use, misuse or inability to reach its information by the Advertiser or third parties. The Advertiser agrees that Geenapp's maximum liability will be limited to the amount paid by the Advertiser to Geenapp during the SIX (6) months prior to the date of the claim.
7.4. The Advertiser undertakes to keep Geenapp free from any claim, request or lawsuit regarding the fulfilling of the Advertiser's duties, such as -but not limited to- its labour, tax or corporate duties or the compliance of the laws concerning intellectual property rights. If Geenapp was formerly sued as a result of an infringement of intellectual property rights or the non-fulfilment of any other obligation due by the Advertiser, the latter will keep Geenapp exempted from any condemn, fine, damage or decision which may affect to Geenapp.
8.1. The Advertiser shall immediately inform Geenapp about any circumstance which may cause a change in the ownership of the rights described in this document.
8.2. The Advertiser shall address all the communications related to these conditions to the following email address .
8.3. Geenapp shall send all the communications aimed to the Advertiser to the address appointed by the Advertiser in the particular conditions.
8.4. The notifications made this way will take effect as of the date of receipt or, in case of failure, from the tenth day following to the shipment.
8.5. The relationship between the parties shall be governed by the provisions set forth in this document, the particular conditions approved by the parties and any other document agreed by them; all the aforementioned documents must be jointly interpreted and executed.
8.6. These general conditions are governed by and construed in accordance with the Spanish laws, excluding any other national, regional or local law.
8.7. Waiving any other jurisdiction, the parties agree to submit any dispute arising from the execution, interpretation or non-fulfilment of the rights and duties set forth in this contract to the jurisdiction of the Courts of the city of Barcelona, Spain.
8.8. This document will be updated from time to time by Geenapp, in order to adapt it to its new products and services and to the market and industry situation. The current applicable version of these general conditions of use can be found at geenapp.legal.
8.9 Geenapp will notify the Advertiser any change in these general conditions with a prior notice of one (1) month before their entering into force. When a unilateral change of these conditions may be deemed as relevant or substantial, the Advertiser shall be entitled to ask for the termination of the contract during the FIFTEEN (15) days after receiving the notification. In case of doubt, Geenapp will decide when a modification of the conditions means a relevant and substantial change.
8.10. Each campaign shall require the approval of their associated particular conditions.
In compliance of the Spanish Law 15/99, as of December 13, of personal data protection, you are hereby informed that all the personal data that you provide us with through the website geenapp.com will be processed in a file owned by Geenapp Internet, S.L (hereinafter Geenapp), owner of the abovementioned website, with corporate address in Barcelona (Spain), Avinguda Trescents Set 28, 08860 Castelldefels, Barcelona, Spain. This file has been created with the purpose of informing you about Geenapp products and services. This database is filled with number 2152501278 [GEENAPP] at Agencia Española de Protección de Datos.
You can exercise your rights to access, rectify, erase and object the processing of your personal data at any time by sending a written request to Geenapp abovementioned address or to the following e-mail address .
In order to properly attend your request, please attach all your personal data (name, surname, postal address, telephone, e-mail address and any other contact detail that we can use to verify your identity and contact you) and a copy of your ID card or a photo-ID. All our communications with you will be delivered with the highest available reserve and confidentiality levels. Your personal data will be duly and diligently processed, in accordance with the provisions set forth in the Spanish laws.
We undertake to take on the state-of-the-art security measures that we consider necessary to warrant the security and privacy or your personal data.
in some cases we can use Google Analytics, Hotjar or Adinton to track information about you. In this cases you can do an opt-out easily activating the Do-Not-Track in your browser. This makes to work with the cookies without installing anything that can track you.
You have more information about how we use DNT reading our Geenapp DNT policy.
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