Welcome to Emitra — Performance Marketing Network (“Emitra“, “we“, “our“, or “us“). These Terms of Use (the “Terms“) form a legally binding agreement between Emitra and any individual or entity that accesses or uses our websites, dashboards, APIs, documentation, or services, including advertisers/merchants, publishers/affiliates, agencies, and other partners (collectively, “Services“). By accessing or using the Services, creating an account, or clicking a button or checkbox indicating acceptance, you agree to be bound by these Terms.
If you do not agree with these Terms, do not access or use the Services.
1.1 Parties. The Services are provided by Emitra. If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have authority to bind such entity; in that case, “you” and “your” refer to that entity.
1.2 Eligibility. You must be (a) at least the age of majority in your jurisdiction; (b) capable of forming a binding contract; and (c) not barred from using the Services under applicable law. We may require identity or business verification and may approve or decline accounts at our sole discretion.
1.3 Territorial Reach. We accept users globally, subject to compliance with local laws and sanctions/embargo restrictions. Some features or offers may be restricted in certain countries or regions.
2.1 Accurate Information. You agree to provide true, accurate, current, and complete information during registration and to keep it updated (including legal name, address, payment/billing details, and tax information).
2.2 Credentials. You are responsible for all activities under your account and must maintain the confidentiality and security of your credentials, API keys, and access tokens. Notify us immediately of any suspected unauthorized use.
2.3 Access Controls. You may create sub‑accounts/users with role‑based permissions where available. You are responsible for your users’ actions and compliance with these Terms.
2.4 Audit & Review. We may review accounts for compliance, quality, fraud risk, or legal reasons and may request additional information or documentation.
3.1 Advertisers (Merchants). Advertisers may list and manage performance campaigns (e.g., CPA, CPL, CPI, Rev‑Share, Hybrid), define events and validation windows, provide creatives/product feeds, set geo and traffic policies, and approve/deny partners.
3.2 Publishers (Affiliates/Partners). Publishers may apply to programs, access creatives, links, and codes, and promote advertiser offers in approved geographies and traffic types, in accordance with each program’s terms.
3.3 Campaign Terms. Each campaign/offer may have Campaign Terms (e.g., traffic restrictions, branded keyword rules, payout schedules, cap/limits, geo restrictions). By promoting or accessing any campaign, you agree to those Campaign Terms, which are incorporated by reference into these Terms. We may require affirmative acceptance (e.g., checkbox) before you can run a campaign.
3.4 Approvals. Advertisers and Emitra may approve/deny publishers at their sole discretion. Approvals can be revoked at any time for risk, quality, or compliance reasons.
4.1 Methods. We support multiple attribution methods, which may include link‑based, coupon/code‑based, and server‑to‑server (postback) tracking. Technical limitations (e.g., browser restrictions, ad blockers) may affect attribution; we implement reasonable measures to maintain accurate crediting, but attribution is not guaranteed.
4.2 Deduplication & Multi‑Touch. We may deduplicate events across channels and apply attribution models (e.g., last click, first click, or position‑based) as configured for a program.
4.3 Validation Windows. Advertisers may apply approval, validation, refund/cancel, or chargeback windows. Conversions may be reversed if invalid, duplicated, refunded, fraudulent, or otherwise non‑qualifying under Campaign Terms.
4.4 Data Discrepancies. If you believe there is a tracking or reporting discrepancy, you must notify us with detailed logs within 15 days of the disputed event; otherwise, reported metrics will be deemed accepted.
5.1 General Compliance. You must comply with (a) these Terms; (b) applicable laws and regulations (including consumer protection, privacy, advertising standards, and intellectual property laws); (c) Campaign Terms; and (d) platform policies for any channels you use (e.g., search engines, social networks, app stores).
5.3 Content Standards. Content must be accurate, current, and lawful; comply with health/financial claims restrictions and local ad standards; and include required disclosures (e.g., #ad, affiliate disclosures, material connection statements) and licenses/certifications where applicable.
5.4 Monitoring & Enforcement. We may monitor activity (automated and human review), pause or remove campaigns/partners, reverse or withhold payouts, and terminate accounts for violations or risk.
6.1 Use of Materials. Advertiser‑provided creatives, trademarks, product feeds, promo codes, and brand guidelines may be used only as authorized. Modification, misuse, or use beyond the campaign scope is prohibited.
6.2 Deep Links & Geo‑Routing. Where supported, links may deep‑link to product pages and/or route users to country‑specific storefronts. You must not alter tracking parameters or coupon codes in a way that affects attribution.
6.3 Code Attribution. Sales using an assigned coupon or voucher code may be attributed to the corresponding publisher subject to validation rules. Code sharing on unauthorized properties or coupon scraping sites may be restricted or penalized.
7.1 Payouts to Publishers. Payouts are made in the method and currency supported by Emitra and specified in your dashboard. Payouts occur after the applicable validation/lock period and once minimum thresholds and compliance checks are met. Certain payment methods may incur fees or require additional verification.
7.2 Payments by Advertisers. Advertisers must fund their accounts and/or pay invoices in accordance with agreed billing terms. Late payments may result in campaign pause, interest, or service suspension.
7.3 Withholding & Reconciliation. We may withhold, offset, or charge back amounts for suspected fraud, invalid traffic, non‑compliant activity, refunds/cancellations, or unpaid advertiser invoices. We may request supporting evidence (e.g., logs, screenshots, opt‑in proof) during reconciliation.
7.4 Taxes. Each party is responsible for its own taxes. Publishers must provide accurate tax information (e.g., PAN/TIN/VAT/GST, W‑8/W‑9 equivalents) and are responsible for reporting income. Emitra may deduct or collect taxes where legally required.
8.1 Roles. Depending on the context, Emitra may act as a controller or a processor/service provider. We process personal data in accordance with applicable laws and our Privacy Notice.
8.2 Publisher Obligations. Where you collect or process personal data (e.g., for lead generation), you must: (a) obtain all required consents; (b) provide compliant notices/disclosures; (c) honor data subject requests; and (d) share only accurate, lawful, and consent‑based data with Emitra/Advertisers.
8.3 Security. You must implement appropriate technical and organizational measures to protect personal data and confidential information; promptly notify Emitra of any suspected breach related to the Services.
8.4 Cross‑Border Transfers. Data may be processed or stored in multiple countries. By using the Services, you consent to such transfers as permitted by law.
9.1 Ownership. The Services (including software, dashboards, APIs, documentation, and content) are owned by Emitra or its licensors. Except for the limited rights expressly granted, no license is implied.
9.2 Your Content. You grant Emitra a non‑exclusive, worldwide, royalty‑free license to host, display, transmit, and analyze your submitted content, data, and creatives solely to operate and improve the Services and to fulfill campaign objectives.
9.3 Feedback. You grant Emitra a perpetual, irrevocable, royalty‑free license to use suggestions or feedback to improve the Services without restriction or attribution.
10.1 Definition. “Confidential Information” includes non‑public information disclosed by either party, including business, technical, financial, or personal data, except information that (a) is or becomes public through no fault of the recipient; (b) was lawfully known prior to disclosure; (c) is independently developed; or (d) is rightfully received from a third party.
10.2 Use & Protection. The recipient will protect Confidential Information with at least reasonable care and use it only for the permitted purpose. Upon request, recipient will return or destroy Confidential Information, except as required by law or routine backup.
You represent and warrant that: (a) you have full authority to enter these Terms; (b) your content, properties, ads, and data are lawful and do not infringe third‑party rights; (c) you will comply with all Campaign Terms and applicable laws; and (d) you will not circumvent or interfere with tracking, attribution, or security features.
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON‑INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR‑FREE, OR FREE OF HARMFUL COMPONENTS, OR THAT ATTRIBUTION/MEASUREMENT WILL BE PERFECT OR CONTINUOUS.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER EMITRA NOR ITS AFFILIATES, OFFICERS, EMPLOYEES, OR LICENSORS SHALL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, GOODWILL, OR DATA, EVEN IF ADVISED OF THE POSSIBILITY. OUR AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNTS PAID OR PAYABLE BY YOU TO EMITRA FOR THE SERVICES IN THE THREE (3) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) USD 1,000.
Some jurisdictions do not allow certain limitations; in such cases, liability will be limited to the maximum extent permitted by law.
You will defend, indemnify, and hold harmless Emitra and its officers, directors, employees, and agents from and against any claims, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising from or related to: (a) your use of the Services; (b) your breach of these Terms or Campaign Terms; (c) your content, properties, ads, or data; (d) your violation of law or third‑party rights; or (e) any fraud, spam, or prohibited conduct by you or your users.
15.1 Term. These Terms apply from the date you first use the Services and continue until terminated.
15.2 Suspension. We may suspend or limit access immediately if we believe there is a risk to the Services, users, advertisers, publishers, or the public; for suspected fraud or non‑payment; or for legal/compliance reasons.
15.3 Termination. Either party may terminate at any time for convenience upon notice. We may terminate for cause (including material breach) immediately. Upon termination, your right to access the Services ceases, and you must stop using creatives, links, and codes. Sections intended to survive (including payment obligations, confidentiality, IP, disclaimers, limitations, indemnities) will survive.
15.4 Effect on Payments. Valid, approved amounts accrued prior to termination will be paid per the applicable schedule, subject to offsets, chargebacks, fraud checks, and unpaid advertiser invoices.
We may modify the Services or these Terms from time to time (e.g., to reflect changes in law or features). We will post updates with an updated effective date and, where required by law, provide notice. Continued use after changes constitutes acceptance.
The Services may interoperate with or include third‑party components, integrations, or service providers (e.g., analytics, payment processors, hosting). Use of third‑party services may be subject to their terms. We are not responsible for third‑party services.
You warrant that you are not subject to sanctions and will comply with export controls, anti‑bribery/anti‑corruption laws, and restrictions on dealings with restricted parties or jurisdictions.
Notices may be provided via the dashboard, email, or postings on our website. Your notices to Emitra must be sent to the contact listed on our website and deemed given upon receipt.
20.1 Governing Law. These Terms are governed by the laws of India, without regard to conflict of law principles.
20.2 Venue. Subject to Section 20.3, the courts at Nagpur, Maharashtra, India shall have exclusive jurisdiction and venue for any proceedings not subject to arbitration.
20.3 Informal Resolution; Arbitration (Optional). Before filing a claim, the parties will attempt informal resolution for 30 days. If agreed by both parties, disputes may be finally resolved by confidential arbitration under the rules of a recognized arbitral institution seated in Nagpur, Maharashtra, India.
21.1 Entire Agreement. These Terms, together with Campaign Terms and any order forms or insertion orders, constitute the entire agreement and supersede prior agreements regarding the subject matter.
21.2 Order of Precedence. In case of conflict: (1) a signed order form/IO or master agreement (if any), (2) Campaign Terms, then (3) these Terms.
21.3 Assignment. You may not assign or transfer these Terms without our prior written consent. We may assign to an affiliate or in connection with a merger, acquisition, or sale of assets.
21.4 No Waiver. Failure to enforce a provision is not a waiver.
21.5 Severability. If any provision is unenforceable, the remaining provisions remain in effect and will be construed to give effect to the intent.
21.6 Force Majeure. Neither party is liable for delay or failure due to events beyond reasonable control (e.g., internet failures, acts of God, war, strikes, government actions).
21.7 Relationship. The parties are independent contractors; no agency, partnership, joint venture, or employment relationship is created.
For questions about these Terms or the Services, please contact care@emitra.co or use the contact details on our website.
These Terms may be provided in multiple languages for convenience. In the event of discrepancies, the English version prevails.
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