Effective Date: January 10, 2022
This document constitutes a legal agreement between you ("Advertiser") and Reactive Clicks ("Reactive Clicks Network" or "Reactive Clicks Platform"). It details the terms and conditions for your participation in the Reactive Clicks Network. Please read these Terms and Conditions ("Agreement") and the Data Processing Agreement ("DPA") carefully before clicking the "Signup" button. By clicking "Signup," you agree to be bound by these terms and the DPA. If you do not agree, you will not be able to participate in the Reactive Clicks Network.
For the purposes of this Agreement, the following terms are defined as:
This Agreement enables Advertiser(s) to market and advertise their goods and services using Advertising Material through the Reactive Clicks Network using the Ad Serving Platform. Reactive Clicks provides guidance to help Advertiser(s). Reactive Clicks does not monitor the content of Advertising Material, and the Advertiser is solely responsible for its content. Any illegal content should be reported to [email protected] for removal.
2.1. Any form of misuse, including obtaining business transactions by unfair or illegal means, is prohibited.
2.2. Advertisers are prohibited from fraudulent activities, including but not limited to faking business transactions, using hidden or misrepresented Advertising Material, and brand-bidding.
2.3. Misuse will result in immediate account suspension. Advertisers may contest the suspension within a month by providing evidence of compliance.
2.4. Any method of artificially inflating clicks is strictly forbidden and will lead to termination of the Agreement and withholding of payments. Advertisers indemnify Reactive Clicks against any liabilities arising from misuse.
3.1. Payments are made via various methods, including Wire Transfer, Paxum, Payoneer, ePayment e-Wallet, Cryptocurrencies, and WebMoney. Advertisers must prepay their budget through specified methods.
3.2. Reactive Clicks generates invoices on behalf of Advertisers, who must ensure the accuracy of their data. Advertisers indemnify Reactive Clicks against any errors or non-compliance.
3.3. Reactive Clicks is only liable for payments based on funds received from Advertisers. Advertisers must address unpaid amounts directly with Reactive Clicks.
3.4. Advertisers are responsible for taxes, banking commissions, or currency fees.
3.5. Reactive Clicks may withhold payments if required by court or administrative authority.
4.1. Advertisers referring new Advertisers receive 5% of the referred Advertiser’s revenue.
4.2. Participation in the Program is subject to Program conditions, including disqualification for non-compliance.
4.3. Program conditions include restrictions on self-referrals, ad networks, and certain advertising methods.
4.4. Reactive Clicks may modify or terminate the Program at its discretion.
5.1. Advertisers must place the Reactive Clicks Javascript tag on appropriate pages and not alter or disclose it without consent.
5.2. Reactive Clicks is responsible for calculating statistics, which may be adjusted for technical errors.
5.3. Statistics of clicks and revenues will be provided by Reactive Clicks. The Ad Serving Platform governs the Agreement.
6.1. Advertisers must prepay their budget through specified methods and are responsible for taxes and expenses.
6.2. Charges are based on Reactive Clicks Ad Serving Platform measurements.
6.3. Reactive Clicks may share billing information with payment processors and credit agencies.
6.4. Reactive Clicks may withhold deposits for Agreement breaches.
Advertisers dissatisfied with the Reactive Clicks Network may request a refund within six months of the last payment. Second deposits are only refundable if the balance exceeds $200, minus a 10% processing fee. Violators of these Terms are not entitled to a refund.
Reactive Clicks is authorized to use Advertisers' trade names or trademarks for this Agreement.
9.1. Advertisers represent that all content in their Advertising Material is legal, free of harmful elements, and compliant with laws.
9.2. Advertisers represent that their advertising does not contain illegal or harmful content.
10.1. Reactive Clicks may terminate or cancel this Agreement or any ad at its discretion, with notice to the other party.
10.2. Material breaches allow either party to terminate the Agreement with 60 days' notice if uncured.
11.1. You agree not to disclose Reactive Clicks Confidential Information without written consent.
11.2. Reactive Clicks may disclose Advertiser information if required by court or administrative authority.
12.1. Each party must have a privacy policy explaining data collection, use, and disclosure.
12.2. Reactive Clicks’ Privacy Policy outlines data protection measures.
12.3. Reactive Clicks may transfer personal data to service providers under confidentiality agreements.
12.4. The Data Processing Agreement (DPA) applies to processing End Users' personal data in the EEA.
12.5. Advertisers must provide clear information on cookie use and obtain user consent.
12.6. While the metadata accompanying clicks might not always be precise, it serves as a powerful tool for targeting. It's crucial to note that this data should NOT be used for remarketing. The permission to utilize users' contact information for remarketing purposes may vary from user to user.
12.7. Both parties must comply with applicable data protection regulations.
13.1. You agree to indemnify Reactive Clicks against any liabilities arising from your participation in the Reactive Clicks Network.
13.2. Reactive Clicks is not liable for indirect, incidental, or consequential damages.
14.1. Reactive Clicks may amend minor terms with two weeks' notice. Non-objection within four weeks constitutes acceptance.
14.2. If you object, the Agreement continues without modification, and termination rights remain unaffected.
For one year after this Agreement’s termination, Advertisers may not solicit business directly with any entity listed on the Reactive Clicks Network.
16.1. This Agreement is governed by Cypriot law.
16.2. Disputes are subject to the exclusive jurisdiction of the Courts of Cyprus.
17.1. Force Majeure: Parties are excused from obligations due to causes beyond their control.
17.2. Severability: Invalid provisions do not affect the remainder of the Agreement.
17.3. Survival: Certain clauses survive termination of the Agreement.
17.4. Assignment: Reactive Clicks may assign its rights without consent; Advertisers may not without consent.
17.5. Notices: Notices must be in writing and delivered to the provided addresses.
17.6. Relationship of Parties: Parties are independent contractors.
17.7. Waiver: Waivers must be in writing and signed.
17.8. Entire Agreement: This Agreement supersedes all previous agreements.
17.9. Headings: Headings are for convenience only.
17.10. Construction: The Agreement has been jointly prepared and will not be construed against either party.
17.11. Counterparts: This Agreement may be executed in counterparts or online.
17.12. No Third-Party Beneficiaries: The Agreement benefits only the parties and their permitted assigns.
