These Epom Apps Terms and Conditions (the « T&Cs ») define the conditions under which Epom Ltd (Epom), a limited liability company, with its registered office located at Nancy Whiticker House, 7 Old Street, Roseau, Commonwealth of Dominica, provides services to application owners, developers and other providers, authorized to control and dispose of applications (Developer) enabling them to monetize their advertising inventory.
The T&Cs constitute an agreement between Epom and Developer. Epom Apps Other contracts and terms, which are not agreed with Epom in writing, are excluded. Use of the Epom Service by Developer is a sufficient acknowledgment that Developer has read, agreed and understood the T&Cs. Epom has the right to amend the T&Cs from time to time at its sole discretion. Developer will be notified of such change via email, change notice or posting on Epom web site. The continued use of the Service by Developer shall mean the acceptance of such change.2. Validation
The Epom Apps services are available for legal entities and individuals reached age of 18 (eighteen) years having full capacity to conclude contracts.
Each Developer will have a dedicated account in Epom system upon registration. Unless otherwise agreed in writing, each Developer is entitled to use only one account. Duplicates will be terminated as invalid accounts.
Developer agrees to provide all mandatory information and documentation requested in the registration form. Epom reserves the right to terminate Developer account in case if such information was incorrect or incomplete.3. Description of Service
Epom will provide to Developer materials of advertising matter received from Epom's clients (Advertisers), promoting their goods or services, to be displayed or otherwise distributed via inventory Developer has legitimate access to or control of.4. Developer Obligations
a. Responsible use of the account provided by Epom. Developer must take reasonable measures to prevent unauthorized access to the Developer account. Developer shall be solely responsible for all the activity in Developer account and for any loss, theft or unauthorized disclosure of account credentials, except for the case of established security breach in Epom Service. Developer information in the account have to be correct and up to date. Developer shall use this Apps Service in a loyal non-abusive manner.
b. Compliance. Developer warrants compliance with these T&Cs, terms described in additional offer details and other documents agreed in writing between Epom and Developer. Developer warrants compliance with existing laws and regulations.
In case if Developer controls several applications, each application has to be submitted to Epom approval prior to enabling Apps services for this application.
Only applications which are published in Google Play and iTunes application stores for the moment of submission are accepted. (Google Play is a trademark of Google Inc. and iTunes is a trademark of Apple Inc.)
c. Authorization. Developer warrants it has sufficient authority to participate in Epom Apps and operate Developer's inventory.
d. Prohibited activities and content. Developer shall use this Apps Service in a loyal non-abusive
manner. Developer undertakes:
- not to modify content of advertising materials and links
- not to use any proxy IP to sign up or access Developer account
- not to place advertising materials in newsgroups, message boards, blogs, unsolicited email and other types of spam, link farms, counters, chatrooms, guestbooks, IRC channels, instant messages or similar Internet resources without prior written consent of Epom
- not to generate clicks, installs, views and other actions using iframes, hidden frames, device or software or other similar tools, creating non-bona fide transactions
- not to mislead end-users forcing click-through in any way
- not to be engaged in fraudulent activity
Epom may terminate Developer account at its sole discretion if it's determined that Developer
inventory is unsuitable for the Epom Apps services, including (but not limited to) if it:
- Promotes sexually explicit materials (unless otherwise agreed in writing with Epom)
- Promotes violence
- Promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age
- Promotes illegal activities
- Incorporates any materials which infringe or assist others to infringe on any copyright, trademark or other intellectual property rights or to violate the law
- Includes "Epom" or variations or misspellings thereof in its domain name
- Is otherwise in any way unlawful, harmful, threatening, defamatory, obscene, harassing, or racially, ethnically or otherwise objectionable to us in our sole discretion.
- Contains software downloads that potentially enable diversions of commission from other Developers in our program.
Developer may not create or design its website or any other website under operation, explicitly or implied in a manner which resembles Epom website nor design your website in a manner which leads customers to believe you are Epom or any other affiliated business.
Developer shall not modify, reverse engineer, disassemble, decompile or otherwise attempt to discover the source code of any non-source code parts of the Epom Apps SDK including, but not limited to pre-compiled binaries and object code.5. Remuneration
a. All fees and remunerations shall be calculated on the basis of Epom statistics provided to Developer. Statistics information may be subjected to changes and should be finalized in 10 business days following the end of corresponding calendar month.
b.Payment terms: NET 45 unless otherwise agreed in the additional offer details and terms. Payout shall be made only if minimum balance is $100 or greater.
c. Â Developer will not be entitled to receive any payment from Epom for actions defined in offer
- Actions were made by Developer or its agents
- Multiple actions were performed by the same individual, entity, devices or IP address
- Actions were incentivised (unless otherwise agreed in writing with Epom)
- Actions performed as a result of promotion on adult content or other adult content was used
- Misleading creatives were designed by Developer to generate actions
- Suspected or established fraud, violation of offer terms, or violation of these terms and conditions took place. Those amounts shall not be included in the minimum balance or shall be subject to return, and in no case shall Epom be held liable for the payment of these amounts.
a. The contract shall be concluded between Epom and Developer upon acceptance of these T&Cs, provision of all requested documents and information and the application approval by Epom.
b. The contract shall continue until terminated in accordance with these T&Cs.
c. The contract may be terminated by either party for convenience by giving a written termination notice to other party 60 days prior to the desired termination date.
d. Epom may terminate Developer account and the contract in case of suspected or established T&Cs breach by Developer.7. Liability and Indemnification
a. Epom will not be liable to Developer with respect to any subject matter of these T&Cs under any contract, negligence, tort, strict liability or other legal or equitable theory for any indirect, incidental, consequential, special or exemplary damages (including, without limitation, loss of revenue or goodwill or anticipated profits or lost business, even if we have been advised of the possibility of such damages. Further, notwithstanding anything to the contrary contained in this terms, in no event shall Epom's cummulative liability to Developer arising out of or related to these T&Cs, whether based in contract, negligence, strict liability, tort or other legal or equitable theory, exceeded the total amount paid to Developer during last 6 (six) months.8. Confidentiality
All confidential information, including, but not limited to, any business, technical, financial, and customer information, disclosed by one party to the other during negotiation or the effective term of these T&Cs which is marked "Confidential," will remain the sole property of the disclosing party, and each party will keep in confidence and not use or disclose such proprietary information of the other party without express written permission of the disclosing party.9. Miscellaneous
a. Developer agrees that it is an independent contractor, and nothing in these T&Cs will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between Developer and Epom. Developer will have no authority to make or accept any offers or representations on Epom's behalf. Developer will not make any statement, whether on site or any other media or otherwise, that reasonably would contradict anything in this T&Cs.
b.Neither party may assign its rights or obligations under these T&Cs to any party, except to a party who obtains all or substantially all of the business or assets of a third party.
c. These T&Cs shall be governed by and interpreted in accordance with the laws of the Commonwealth of Dominica without regard to the conflicts of laws and principles thereof.
d. Developer may not amend or waive any provision of these T&Cs unless in writing and signed by both parties.
e. The headings and titles contained in these T&Cs are included for convenience only, and shall not limit or otherwise affect the terms of these T&Cs.
f. Epom and Developer may conclude additional Insertion Orders or Amendments to this Agreement, which shall be considered a part of the Agreement. In case of terms and conditions conflict with additional Insertion Order or Amendment, additional Insertion Order or Amendment terms shall prevail.