Welcome to Emitra — Performance Marketing Network (“Emitra“, “we“, “our“). These Advertiser Terms of Use (the “Advertiser Terms“) govern your access to and use of Emitra’s network, websites, dashboards, APIs, documentation, and related services for creating, managing, and optimizing performance marketing programs (collectively, the “Services“).
By creating an advertiser/merchant account, accessing the dashboard, or launching a campaign, you agree to these Advertiser Terms, our General Terms of Use, Privacy Policy, and any applicable Campaign Terms, order forms, or insertion orders (each incorporated by reference). If you do not agree, do not use the Services.
Order of precedence: If there is a conflict, the order of control is: (1) a mutually signed agreement or order form/IO, (2) Campaign Terms, (3) these Advertiser Terms, and (4) the General Terms of Use.
Advertiser: A brand, merchant, or agency acting on behalf of a brand that uses the Services to run campaigns.
Publisher: An affiliate/creator/partner approved to promote Advertiser offers within allowed geos/traffic types.
Campaign Terms: Offer‑level rules, including payouts, caps, traffic/geographic restrictions, validation windows, and creative guidelines.
Conversion Event: A qualifying action (e.g., purchase, lead, install) as configured in the dashboard.
Attribution Methods: Link‑based, coupon/code‑based, and server‑to‑server (S2S) postbacks supported by Emitra.
Validation Window: Time period to approve/deny/reverse conversions due to refunds, fraud, or non‑qualification.
2.1 Authority & Accuracy. You represent that you have authority to bind the Advertiser and that all registration, billing, and tax information is accurate and kept current.
2.2 Security. You are responsible for maintaining confidentiality of credentials and for actions taken through your account and sub‑users. Notify us immediately of unauthorized access.
2.3 Agencies. If you are an agency, you warrant that you have written authorization to act for the brand and will ensure brand compliance with these Advertiser Terms.
3.1 Truthful Content. You are responsible for the accuracy and lawfulness of all product claims, pricing, promotions, and creatives.
3.2 Creative Supply. Provide approved assets (banners, logos, copy, product feeds), brand guidelines, and landing pages.
3.3 Geo & Traffic Policies. Define allowed geographies and traffic types (e.g., content, influencer, PPC non‑brand, email opt‑in). Disallowed types (e.g., incent, brand bidding) must be clearly listed.
3.4 Prohibited Content. No illegal, misleading, defamatory, infringing, or harmful content; comply with sector rules (e.g., health/finance claims).
3.5 Updates. You will promptly update or withdraw creatives that become inaccurate, expire, or violate policy.
4.1 Implementation. You will implement Emitra’s tracking (pixels, server‑to‑server postbacks, coupon/code attribution, deep links) and complete a successful test order path prior to launch.
4.2 Attribution. Attribution is determined by configured methods and models (e.g., last‑click, first‑click, position‑based). Emitra may deduplicate across channels.
4.3 Coupon/Code Attribution. Conversions using assigned publisher codes may be attributed even without a click, subject to your Validation Window and anti‑leak controls.
4.4 Data Quality. You will not tamper with or suppress required parameters; you will send timely, accurate postbacks/events for approvals, refunds, and cancellations.
4.5 Discrepancies. Report suspected discrepancies within 15 days of occurrence with logs/screens; otherwise dashboard data is deemed accepted.
5.1 Curation & Approval. Emitra may recommend and/or approve Publishers. You may approve/deny at your discretion. Approvals can be revoked for risk or non‑performance.
5.2 Policy Enforcement. Emitra monitors signals for fraud and policy breaches (e.g., brand bidding, forced clicks, cloaking, bot/VPN traffic). We may pause partners, withhold/void conversions, or remove Publishers.
5.3 Direct Contact. Do not solicit Publishers to run outside the network to avoid fees (“circumvention”).
5.4 Claim Standards & Disclosures. You must require accurate claims and appropriate disclosures (#ad, material connection).
5.5 Forbidden Categories. You will not request promotion for illegal products or services, or those prohibited by platform law/policy.
6.1 Advertiser Payments. You agree to fund your account and/or pay invoices per agreed billing terms to ensure on‑time Publisher payouts.
6.2 Validation & Reversals. Within the Validation Window, you may approve/deny conversions for valid reasons (fraud, duplicate, refund/cancel). Denials must be supported by evidence in the dashboard or via API.
6.3 Chargebacks & Offsets. Emitra may offset unpaid invoices against funds and/or withhold Publisher payouts if you are delinquent.
6.4 Taxes. You are responsible for applicable taxes. You will provide accurate tax/GST/VAT information and documents upon request.
7.1 Legal Compliance. You will comply with applicable laws (consumer protection, privacy, advertising standards, sector‑specific rules, export controls/sanctions).
7.2 Platform Policies. Ensure your campaigns comply with applicable platform policies (search engines, social networks, app stores, email).
7.3 Sensitive Verticals. For regulated categories (e.g., finance, health), you will supply required disclaimers, licenses, and review processes.
8.1 Roles. For tracking and reporting, Emitra may act as a processor/service provider on your behalf; you are the controller for end‑user data arising from your properties.
8.2 Lawful Basis. You are responsible for obtaining required consents/notices for cookies, tracking technologies, and marketing communications in relevant jurisdictions.
8.3 Data Sharing. Share only accurate, lawful data; no special/sensitive categories unless expressly agreed.
8.4 Security. Implement appropriate technical and organizational measures. Notify Emitra promptly of security incidents affecting the Services.
8.5 DPA. A Data Processing Addendum is available on request; it forms part of these Advertiser Terms where applicable.
9.1 Your IP. You grant Emitra and participating Publishers a non‑exclusive, worldwide, royalty‑free license to use your trademarks, creatives, and product data solely to operate and promote the campaigns.
9.2 Emitra IP. All right, title, and interest in the Services remain with Emitra and its licensors. No rights are granted except as expressly stated.
10.1 Definition. Non‑public information disclosed by either party, including business, technical, financial, and personal data.
10.2 Use & Protection. The recipient will protect with at least reasonable care and use only for campaign performance and Services. Return or destroy on request, subject to legal retention.
11.1 Advertiser Warranties. You warrant that: (a) you have rights to your products/creatives; (b) your claims are truthful and lawful; (c) you will comply with these Advertiser Terms and Campaign Terms; and (d) you will not interfere with tracking or attribution.
11.2 Service Disclaimer. The Services are provided “as is” and “as available” without warranties of any kind. We do not guarantee uninterrupted operation, error‑free attribution, or specific performance outcomes.
To the maximum extent permitted by law, Emitra is not liable for indirect, incidental, special, consequential, or punitive damages, or lost profits/revenue/data. Emitra’s aggregate liability arising out of or related to the Services will not exceed the greater of: (a) fees paid or payable by you to Emitra in the three (3) months preceding the event, or (b) USD 1,000. Some jurisdictions do not allow certain limitations; in such cases, liability is limited to the maximum extent permitted.
You will defend, indemnify, and hold harmless Emitra, its affiliates, officers, employees, and agents from any claims, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to: (a) your products, sites, or creatives; (b) your breach of these Advertiser Terms or Campaign Terms; (c) your violation of law or third‑party rights; or (d) fraud or prohibited conduct in your campaigns.
14.1 Suspension. We may suspend campaigns or access immediately for suspected fraud, non‑payment, security risk, or legal/compliance reasons.
14.2 Termination. Either party may terminate for convenience upon notice; we may terminate for cause immediately.
14.3 Post‑Termination. Stop using the Services and remove Emitra links/pixels. Valid, approved amounts accrued before termination will be processed per standard schedules, subject to offsets/chargebacks and unpaid invoices.
Emitra may conduct compliance reviews or request reasonable documentation to verify claims, approvals/denials, or policy adherence. You agree to cooperate with good‑faith requests that are necessary to protect the network.
We may modify the Services or these Advertiser Terms. We will post the updated version with a new effective date and, when legally required, provide notice. Continued use constitutes acceptance.
17.1 Governing Law. These Advertiser Terms are governed by the laws of India, without regard to conflict of laws rules.
17.2 Venue. Subject to Section 17.3, the courts at Nagpur, Maharashtra, India have exclusive jurisdiction and venue.
17.3 Informal Resolution; Arbitration (Optional). Before initiating proceedings, the parties will attempt informal resolution for 30 days. If mutually agreed, disputes may be finally resolved by confidential arbitration seated in Nagpur, Maharashtra, India under the rules of a recognized arbitral institution. Either party may seek injunctive relief for misuse of IP or breach of confidentiality.
18.1 Assignment. You may not assign or transfer these Advertiser Terms without our written consent; we may assign to an affiliate or successor.
18.2 Force Majeure. Neither party is liable for delays/failures due to events beyond reasonable control.
18.3 No Waiver; Severability. Failure to enforce is not a waiver. If any provision is unenforceable, the remainder remains in effect.
18.4 Notices. We may provide notices via dashboard/email/website. Your notices to Emitra must be sent to the contact specified on our site and are effective upon receipt.
Questions about these Advertiser Terms? Contact legal@emitra.co.
Registered Address: Nagpur, Maharashtra, India.
If these Advertiser Terms are translated, the English version controls.
Turn every click into accountable revenue with transparent tracking, verified partners, and on-time global payouts. Whether you’re an advertiser seeking scalable customer acquisition or a publisher ready to monetize smarter — Emitra is built for performance, trust, and speed.
© 2025 Emitra — Performance Marketing Network | All rights reserved