Terms and Conditions
RiverTraffic represents a trademark under ownership of RTSMedia OÜ (a company with due incorporation and validity available in agreement with the legislation of the Republic of Estonia under the registry number 14768147 and a registration seat at Harju maakond, Tallinn, Mustamäe linnaosa, Laki tn 30, 12915.
Hereafter quoted as "RiverTraffic" represents an advertisement digital technology company, which aims to offer services to monetize and promote products. RiverTraffic links advertisers and publishers via its platform. Supplementary terms or service conditions can be applied and displayed separately. Supplementary terms mentioned above are included in your agreement with RiverTraffic and hence, all the associated policies available for your reference are to be followed at all times. If you happen to disagree with entire or some of the terms and conditions inside current contract, you won’t be able to use any of services available at RiverTraffic.
The common terms and conditions of current partnership listed below establish the foundation of the commercial relations between RiverTraffic and (i) you being a natural individual or (ii) being as a legal individual (if the Contract is concluded by a natural individual on behalf of a corresponding legal individual) (hereafter quoted as “you”) who is utilizing products and services by RiverTraffic.
RiverTraffic keeps the right, at its private discretion, to alter, adjust, include or delete certain parts of any section of RiverTraffic Terms and Conditions, at any point of time. RiverTraffic will inform you regarding the alterations to its terms and conditions via e-mail, your personal Account at RiverTraffic (if any), alternatively via RiverTraffic Website (together with related third-party terms and conditions, which are referred to through e-mail, Account at RiverTraffic or the Official Website of RiverTraffic). Your continuous utilization of the RiverTraffic services confirms that you agree to and accept the stated alterations. On condition that you accept and abide to the current contract, RiverTraffic enables you with a personal, non-transferable, non-exclusive, limited privilege to access and utilize the services by RiverTraffic. Exclusions to current policies are allowed exclusively with clear authorization by RiverTraffic.
PROPERTY OF CONTENT
NO SECTION AND NO CONTENT ARE PERMITTED TO BE REPRODUCED, COPIED, POSTED, REPUBLISHED, DEMONSTRATED PUBLICLY, TRANSLATED, ENCODED, DISPATCHED OR SHARED BY ANY MEANS (INVOLVING “MIRRORING” AS WELL AS SCREENSHOTS) TO ANY OTHER SERVER, COMPUTER, WEBSITE OR OTHER MEDIUMS USED TO PUBLISH OR DISTRIBUTE OR FOR ANY COMMERCIAL TYPE OF ENTERPRISE, WITHOUT PRIOR WRITTEN CONSENT BY RIVERTRAFFIC.
ACCOUNT UTILIZATION AGREEMENT
(applicable both to Advertisers and Publishers)
Services provided at or via RiverTraffic Website may need you to create an account there. Any natural individual possessing complete active legal capacity or any legal individual is allowed to apply for an Account at RiverTraffic. To obtain service access as Advertiser and/or Publisher you are required to undergo an account registration at the RiverTraffic Platform.
RIVERTRAFFIC MAINTAINS THE RIGHT TO ACCEPT OR DENY THE REQUEST TO REGISTER YOUR ACCOUNT WITHOUT SUPPLEMENTARY EXPLANATION. IN ADDITION, RIVERTRAFFIC MAINTAINS THE RIGHT TO OUTLINE THE SCOPE OF SERVICES, FEATURES, AND TOOLS LINKED TO YOUR ACCOUNT.
Registration of an account at the RiverTraffic Platform indicates a complete acceptance of all policies, conditions and terms by RiverTraffic.
You hold full responsibility to maintain the confidentiality of all the data you keep in your account, inclusive of your password, all types of activities that happen under your account because of your failure to maintain the security and confidentiality of this data.
IN EVENT OF ANY UNAUTHORIZED UTILIZATION OF YOUR ACCOUNT AS WELL AS ANY OTHER VIOLATION OF SECURITY, YOU AGREE TO INFORM RIVERTRAFFIC RIGHT AWAY.
Ensure youdo not to use your RiverTraffic Account password for any other third-party services.
You are not allowed to transfer your account to anybody without clear written consent of RiverTraffic and you are not allowed to use anybody else’s account or password at any point of time without obtaining the permission and consent of account holder. RiverTraffic does not hold any liability for any possible losses or damages caused by your failure of complying with above obligations. You still hold the liability any for losses caused by somebody else utilizing your account and/or password resulting from you failing to maintain your account data security and confidentiality.
In order to create a RiverTraffic Account and begin utilization of RiverTraffic services you are required to share your real name(s) and complete personal and/or company registration information alongside with the payment information if necessary. All data shared by you during registration should be precise and latest. You cannot share any false data, or create an account on behalf of anybody other than yourself without obtaining a specific approval. The representative of a legal individual creating the RiverTraffic Account on behalf of the legal individual is required to make sure they possess all the required rights and powers to do so.
In order to carry out verification of your account, RiverTraffic may require supplementary validation data, including a scan/copy of your ID card, passport, Driver’s License, details of payment methods, utility bills and others. Moreover, RiverTraffic may also require verification via SMS.
RiverTraffic maintains the right to edit, add, delete or reclaim any account (together with your submissions) with or without your appeal if considered appropriate.
All advertisement services are shared via tools on RiverTraffic Website. You agree that by utilizing the RiverTraffic services, your Campaign(s) will be established and controlled by you. By sole decision of RiverTraffic, you may also be equipped with dedicated service of campaign management involving the RiverTraffic personnel providing assistance in the Campaign(s) management.
RiverTraffic maintains the right to instantly block your account at any point of time if you get involved in fraudulent activity or due to any other reason to dismiss your contract without any preceding notification. In event that RiverTraffic detects at its sole discretion the presence of a threat associated with you being engaged in any doubtful activity, violation of the contract by you or due to any obligations for security purposes, RiverTraffic can suspend your account temporarily until the reason for your account suspension has been abolished; otherwise, in event that the elimination is impossible or you deny or fail to remove it, proceed with blocking your account. In event that your account is blocked or suspended, you are not allowed to use services by RiverTraffic. For security purposes, RiverTraffic may, furthermore, block you from accessing to the whole RiverTraffic Website. You acknowledge that RiverTraffic does not hold any liability to you or to any third-party entity for cessation of your RiverTraffic Account access and/or the RiverTraffic Website due to any Contract violation from your side.
In event that your account has been blocked or suspended earlier, or within the period of temporary blockage of your account, due to any of the causes listed earlier, you are not allowed to create another account without obtaining the direct permit from RiverTraffic.
IN EVENT THAT YOUR CONTRACT WITH RIVERTRAFFIC GETS TERMINATED BECAUSE OF THE CONTRACT VIOLATION FROM YOUR SIDE (E.G. BECAUSE OF FRAUDULENT ACTIVITY FROM YOUR SIDE), RIVERTRAFFIC IS ELIGIBLE FOR A CONTRACTUAL PENALTY AMOUNT TO THE CURRENT BALANCE OF YOUR BLOCKED ACCOUNT AND HEREBY, RIVERTRAFFIC CAN DENY TO PROCEED WITH ANY PAYMENTS TO YOU BY MEANS OF SET-OFF OF THE CLAIMS.
IDLE ACCOUNT PROCESS
In order to be able to utilize RiverTraffic services, you are required to maintain your RiverTraffic Account Wallet active. If it remains inactive during 150 consecutive calendar days, it will be flagged as idle. Kindly be noted that the idle account process is also applicable to all accounts that were blocked for a temporary period. Your activity is not subject to control by the system on the basis of your earnings as a Publisher or spendings as an Advertiser. Once your account is marked as idle, you will be notified instantly via email.
Idle accounts are still subject to an idle account fee on monthly basis. In event that your account gets marked as idle during the last day of the month, your Wallet balance will be charged with an idle account fee on the first day of the next month. The monthly idle account fee amounts to 10% of your balance amount, however, it cannot be less than 100 USD (ONE HUNDRED DOLLARS). In event that your balance is below 100 USD, the system will proceed with deducting the full amount available in your account. All subtracted fees will be summarized inside your wallet for your further access and reference.
In event that due to any reasons the idle account process has not started for an inactive account (150 consecutive calendar days of being inactive), RiverTraffic maintains the right to proceed with a one-time idle fee for the account that remained inactive for 300 days and above.
The one-time idle fee will be subtracted after 7 days of the account being flagged as idle. The one-time idle account fee amounts to 100% of available balance in the account.
In event that you decide to restart utilization of RiverTraffic services while this process is occurring, your Wallet will instantly be flagged as Active. You acknowledge and agree that all fees previously subtracted within the duration of idle account process, are not subject to any refund even once your Wallet status changes to Active again. In event that your Wallet balance is 0 USD (ZERO DOLLARS), the system will automatically proceed with archiving your account without any chance of restoring it.
In event that your account is archived because of the idle account process, you are still allowed to create a new account. Your personal details will be available for submission again (together with email address, site, application URL, website URL etc.).
(applicable to all visitors of RiverTraffic Website, together with our Advertisers and Publishers)
You are required to clearly state any information collection, usage and sharing that happens at any site, app or other types of property as a result of your utilization of any advertisement services by RiverTraffic. By utilizing RiverTraffic Website, advertisement, services, or any other associated products you confirm the acceptance of current policy.
(applicable both to Advertisers and Publishers)
All Publishers and Advertisers are obliged to abide by quality agreement of RiverTraffic.
YOU ARE TO HOLD COMPLETE RESPONSIBILITY FOR MAINTAINING YOUR SITE ONLINE AT ALL TIMES AND ACCESSIBLE BY THE USERS FROM ALL AROUND THE GLOBE. IF YOUR SITE REMAINS OFFLINE, RIVERTRAFFIC DOES NOT HOLD ANY RESPONSIBILITY FOR YOUR UNEXPECTED SPENDINGS AND/OR LOSSES.
YOU ACKNOWLEDGE AND AGREE THAT RIVERTRAFFIC WILL NOT PROCEED WITH DISPLAYING ANY ADVERTISEMENT AT REJECTED PUBLISHER SITES.
ADVERTISER QUALITY GUIDELINE
(applicable to Advertisers only)
You affirm and guarantee that your Campaign, together with the Advertiser Site, will not:
- Promote any services, goods, or activities that are forbidden and promoting activity itself is in agreement with all related legislations of jurisdictions to which Advertiser Site and/or Campaign is concerned (e.g., legislations controlling products and services with special rules, for example tobacco and alcohol)
- Include automatically downloadable content, malware, password phishing scams or malicious scripts
- Include any material infringing the rights of any third-party entities (such as but not limited to copyright and other intellectual property rights, as well as personal rights) or which encourages piracy of copyrights (e.g., unauthorized MP3s, ‘warez’, roms, cracks, emulators, etc.
- Include free-of-charge demonstration of vulgar/ obscene language, violence and/or abusive content, as well as content that threatens or approves any type of physical harm
- Promote any sort of hate spreading (i.e., political, racial, religious, ethnic, sexuality-based, gender-based, personal, etc.)
- Include any unfitting postings in newsgroups or unsolicited e-mails (spam)
- Include any misleading or fraudulent material, wrong notifications or representations
- Impersonate company, entity or organization of a third individual, and imitate warnings or functionality from the Operating System (OS), software and/or other type of content of a third-party individual
- Reveal confidential or personal information that is not publicly available, misses necessary consent(s) or which revelation is deemed as illegal because of other conditions
- Promote any sort of illegal activity or substance (i.e., how to construct a bomb, ‘phreaking’, hacking, etc.)
- Include any false, illegal, or deceptive advices related to investment and other money-making prospects
- Include incentives of any origin to encourage or require users to click on ads banners (i.e., sweepstakes, charity, promotions, etc.)
- Redirect to or represent a site that is under construction or yet to be completed
- Redirect to or represent a site containing an extremely limited viewership or audiences
- Include material that general public consensus considers as immoral, indecent, or inappropriate in other ways
- Utilize suspicious campaign settings (recognized fraudulent patterns)
- Include links to other applications, sites, or any other sort of content demonstrating the characteristics listed above
- Any material that includes children or minors in adult and/or sexual conditions;
- Any material that provides illegal services and/or products;
- Incentives promotion for any online activity, such as: surfing websites, clicking on ads, or any other activities that artificially improves the metrics of advertiser or website; • Promotion of false copied material, documents and/or paper mills;
- Any sort of illegal utilization of third-party trademarks, which either develops a possibility of confusion making consumers to trust the services or products originate from the owner of trademark, or can possibly spoil the value of a recognized trademark;
- Promotion of drugs or any associated paraphernalia;
- Offers or sales of specific tobacco, alcohol, weapons, or any associated paraphernalia. Advertisements of electronic cigarettes are allowed but should not contain any tobacco in it;
- Promotion or any effort to benefit from human suffering or tragedy;
CONTENT UNDER PROTECTION BY INTELLECTUAL PROPERTY RIGHTS
As a Publisher, you affirm and assure that you do not demonstrate RiverTraffic ads on Sites that have its content under protection by copyright legislation, except for you own the required legal rights to demonstrate that content. That involves Sites that share copyrighted material, as well as Sites that act as a host of copyrighted files, or Sites that share the links that drive Traffic to the sites containing copyrighted material.
As a Publisher, you affirm and assure that you do not demonstrate RiverTraffic ads on Publisher Sites that provide for sale or encourage the sale of goods that are deemed as counterfeit. Goods are deemed as counterfeit for example if they include a trademark or logo that is significantly indistinguishable from or identical to the trademark of another company. They imitate the features of the branded product in order to appear as an original product by the brand owner.
You are not allowed to utilize a payment method that is unauthorized (including but not limited to using inaccurate information) or invalid (including but not limited to utilization of a method that does not have a proper permit/license). While utilizing a payment method that belongs to a third party, you are required to possess the written permission from the owner. At any point of time, RiverTraffic may request you to provide supplementary documentation as a proof, for example authorization from third party, bank statements, utility bills and others with intention to validate your identity as well as the right to utilize a specific method of payment.
In event that your payment activity is considered as suspicious, RiverTraffic maintains the right of suspending your account till an investigation is carried out and concluded.
You are required to reimburse to RiverTraffic any losses caused to RiverTraffic because of your fraudulent or otherwise unlawful activities. For compensation purposes RiverTraffic can consider any of your funds that are accessible by RiverTraffic in order to perform settlements and/or deductions.
COMPLIANCE WITH INTELLECTUAL PROPERTY LEGISLATIONS
When sharing Content at the RiverTraffic Platform or appearing as a Publisher in agreement with the Contract and as its occasional modifications, you affirm and assure that you follow the legislation and respect the intellectual property rights of other entities.
YOU RECOGNIZE AND CONFIRM THAT RIVERTRAFFIC MAINTAINS THE RIGHT TO CANCEL ANY OF CAMPAIGNS THAT BELONG TO YOU AT ANY POINT OF TIME AND FOR ANY REASONS.
RIVERTRAFFIC CANNOT BE RESPONSIBLE IN EVENT IF UNLAWFUL CAMPAIGN(S) TAKE PLACE.
RiverTraffic maintains the right to edit, add, or delete any Campaign settings as well as features
When utilizing services by RiverTraffic for campaigns with CPL /CPA /CPI models of pricing, you are required to agree on a tracking system that enables RiverTraffic to carry out tracking of the agreed actions.
You are required to make sure that the tracking system operates appropriately and that RiverTraffic is informed about each agreed action. You are to bear and protect RiverTraffic from any damages or costs related to the loss of tracking because of conditions related to you.
YOU UNDERTAKE TO ENSURE THAT YOUR SERVERS SUPPORT THE TRAFFIC DIRECTED TO YOUR CAMPAIGN THROUGH THE ADVERTISEMENT RIVERTRAFFIC IS SERVING.
You guarantee that you possess all required permits, rights, and licenses to display the Campaign ads and operate your Sites as well as business activities in the designated countries. In event that you breach current obligation, RiverTraffic can prematurely terminate the Contract with you without any prior notification, without prejudice to the damages that can be requested from you by RiverTraffic.
(applicable to Advertisers only)
You are eligible to demand a refund in cases listed below:
First, in event whereby a wrong payment transaction has occurred.
Second, if you have completed a pre-payment and you have proofs that the actions constituting the foundation of your Campaign’s pricing model are caused by fraudulent activities from Publisher (i.e., the artificial upsurge of actions). With the intention of identifying and proving fraudulent activities by Publisher you guarantee to provide RiverTraffic with a thorough description of sources/sites you deem to be fraudulent. In event that the fraudulent activities by Publisher are not subject to clearly identification based on your report, RiverTraffic is eligible to demand supplementary proofs from your side. In event that you are unable to submit a report on weekly basis or share any supplementary proofs of the Publishers’ fraudulent activities, RiverTraffic may reject to provide you with a refund and alter your balance in a corresponding manner. In event that you utilize post-payment method and you manage to prove Publishers’ fraudulent activities pursuant to current clause, RiverTraffic will not proceed with invoicing you for the decided actions on the basis of Publisher’s fraudulent activities.
Third, in case if by the end of the Contract validity it turns out that you have paid for RiverTraffic services less than your prepaid. In these circumstances you are eligible to request for a refund during 30 days after the Contract is terminated, on condition that your unused balance amount is minimum 50 USD (FIFTY US DOLLARS). Prior to refund, RiverTraffic will need to confirm all spendings that were not invoiced and perform required changes wherever necessary. Upon finalizing all existing statistics, your unused balance will be then refunded to you at your demand during 30 working days, minus administrative fees amount to 25% in order to cover RiverTraffic costs and fees associated to the management providing a refund.
YOUR REFUND IS TO BE CREDITED BACK TO YOU VIA THE SAME PAYMENT METHOD AND TO THE SAME PAYMENT ACCOUNT WHICH WAS USED BY YOU TO PERFORM YOUR LATEST PAYMENT.
You may be requested to share supplementary information and/or documentation, so that RiverTraffic to ratify your identity, prior to proceeding with any refund request.
KINDLY BE INFORMED THAT IN EVENT THAT YOUR CONTRACT WITH RIVERTRAFFIC IS TERMINATED BECAUSE OF THE CONTRACT VIOLATION FROM YOUR SIDE (E.G. BECAUSE OF YOUR FRAUDULENT ACTIVITIES), RIVERTRAFFIC IS ELIGIBLE TO A CONTRACTUAL PENALTY AMOUNT TO YOUR UNUTILISED BALANCE AND HEREBY, RIVERTRAFFIC MAY DENY TO PROVIDE YOU WITH A REFUND THROUGH SET-OFF OF THE CLAIMS.
Refund could be applied only upon written request containing reasons for your refund to firstname.lastname@example.org or to personal account manager Refund shall be applied only to the actual payments made by the Advertiser to RiverTraffic. All funds credited to the account of the Advertiser within the frame of participation in bonus programs or similar actions of RiverTraffic are non-refundable in any case and subject to the terms and conditions of such programs. A refund request will be considered legitimate only if it has been sent from the email/another messenger used for Advertiser’s Account registration.
(applicable to Publishers only)
As a Publisher, you will be granted with a Commission from RiverTraffic for taking part in the promotion of Advertisers’ Campaigns. The amount of your Commission is calculated on the basis of data obtained by RiverTraffic. You recognize the trustworthiness of such data, which will prevail in case of a dispute, if any, pertaining to the measurement of all types of elements (i.e., viewed pages, impressions, commissions, unique visitors, etc.).
RIVERTRAFFIC SHALL NOT HOLD ANY LIABILITY IN EVENT OF ANY ILLEGAL ADVERTISEMENT OR UNLAWFUL CONTENT BEING PUBLISHED ON THE PUBLISHER’S WEBSITE.
(applicable to both Advertisers and Publishers)
RIVERTRAFFIC MAINTAINS THE RIGHT TO PERFORM ADJUSTMENTS TO YOUR BALANCE IN SUCH CASES AS:
- TO SUBTRACT TRANSACTION FEES
- TO PAY OUT PROMOTION-RELATED BONUSES
- TO ALTER BALANCE BECAUSE OF FRAUDULENT ACTIVITY
- TO ALTER BALANCE BECAUSE OF TECHNICAL REASONS
You hold complete responsibility for the proper execution of your obligations as part of the Contract and have to reimburse to RiverTraffic any and all damages resulted from the non-performance or any inacceptable execution of your due obligations.
YOU AGREE THAT RIVERTRAFFIC IS ELIGIBLE TO REQUEST A CONTRACTUAL PENALTY FROM YOU IN SUCH SITUATIONS AS:
In event that your Contract with RiverTraffic is terminated because of the Contract violation from your side (e.g., because of your fraudulent activity), RiverTraffic may request a contractual penalty from your side equal to your unused balance (if you are an Advertiser) or else, the amount of any earnings of yours that were un-invoiced (if you are a Publisher) and compensate its claim for the contractual penalties against any payment claims of yours.
For any queries please contact us at: email@example.com