The "Intellectads Partner Network" or "Partner NetworkTerms And Conditions means the list of Advertisers and Publishers who work and
collaborate with Intellectads.
To participate in the Intellectads Partner Network, the Publisher agrees to unconditionally comply with these
Terms of Use (hereinafter the "Terms", "Agreement").
Advertisers are the persons who define the terms of the Affiliate Programs (defined below) and provide
opportunities for advertising their goods and services through various advertising media and the provision of ad
creatives including but not limited to graphic banners, text links, XML product catalogs, and others ("Ad
Creatives").
Publishers are the persons placing Ad Creatives in the area of their blog, website, page or profile dedicated to
online advertisements and promotions ("Ad Spaces").
N.B. These Terms apply to all the Publisher's registered with Intellectads and intends to demonstrate the Ad
Creatives to users and receive payments/rewards.
1. General provisions
1.1. To participate in the Partner Network, the Publisher submits a registration form on the registration page
of the www.Intellectads.co.in domain.
1.2. Registration is only available to persons who have reached the age of 18 and have the needed licenses or
permits to advertise and promote in compliance with the laws of India.
1.3. By submitting the registration form, the Publisher is acknowledging that he has the right to perform the
services mentioned in these Terms and has obtained the necessary licenses and permits (or alternatively an
exemption) to do so.
1.4. If these Terms are met, the Publisher receives a confirmation letter to the email address specified by them
upon registration. Further, the participant must complete the registration process in order to be able to work
in the Partner Network.
1.5. Intellectads reserves the right to refuse the Publisher's application to participate in the Partner Network
at its own discretion without the need to justify the basis for such a decision.
1.6. The Publisher warrants that any information or personal data disclosed in the application is true and
accurate and acknowledges that he may change the data provided upon registration in his personal account
section. The username chosen for the account cannot be changed. After completion of the registration process and
activation of the account, the Publisher will be able to use the services of the Partner Network.
1.7. These Terms shall prevail over any prior written or verbal agreement between both the parties.
1.8. The Publisher's admission into the Intellectads Partner Network does not confer upon it any right with
respect to the continuance of membership in the Partner Network. Nothing contained in the Terms creates or is
intended to create a contract or agreement between the Publisher and any Advertiser using the Intellectads
platform.
2. The subject of the Agreement
2.1. Publishers shall place the Advertiser's Ad Creatives on their declared Ad Spaces. When a user arrives at
the Advertiser's website through an Ad Creative placed on the Publisher's Ad Space and completes an action or a
transaction such as buying goods, ordering and/or purchasing services, registering, subscribing to newsletters,
etc. (the "Deal"), the Publisher's advertisement shall be considered successful and the Publisher shall receive
a pre-agreed reward. The successful Deal will give the Publisher the right to receive the reward. The amount of
the reward owed to the Publisher upon the completion of a Deal as well as the mechanism of payment by the
Advertiser shall be specifically detailed in the description of each program ("Affiliate Program").
2.2. Intellectads tracks and logs all Deals and provides the Publisher with the information to that effect, as
well as calculates the amount of the rewards. The Advertiser has the right to solely determine whether a Deal
has actually taken place based on set parameters and guidelines. Whether a Deal has been made is subject to the
terms of the particular Affiliate Program and is determined by the Advertiser at its sole discretion;
Intellectads has no control over this.
2.3. Intellectads Partner Network constantly develops and improves its services. In this connection,
Intellectads reserves the right to temporarily suspend the provision of any of the services, in whole or in
part, if it is necessary for the performance of maintenance works, improvement of the service functions, or
change of the service provided. Intellectads shall not be liable for any claims, losses, damage, costs or
expenses, caused directly or indirectly, by any breakdown or failure of any transmission or communication system
or computer facility belonging to us (including, but not limited to transmission errors, technical faults,
malfunctions, illegal intervention in network equipment, network overloads, malicious blocking of access by
third parties, internet malfunctions, interruptions or other deficiencies on the part of internet service
providers), nor for any loss, expense, cost or liability suffered or incurred by you as a result of the use of
our platform or any other communications being made, via the internet. You acknowledge that access to our
platform may be limited or unavailable due to such system errors, and that we reserve the right upon notice to
suspend access to our platform for this reason.
2.4. In order to use the services of the Intellectads Partner Network, it is required to use certain technical
means and software packages, telecommunication networks, and services of third-party organizations. Intellectads
shall, subject to clause 13, not be liable for the resulting costs, possible damages, and interference.
Intellectads shall not be responsible to you for the performance of these parties, or their services provided
Intellectads has exercised reasonable care and diligence in its selection.
2.5. Intellectads shall have the right to suspend payments to the Publisher in the event of an objective
suspicion of violation of these Terms, as well as to verify the Publisher's specified data and/or the
Publisher's traffic quality.
3. Participation in the Partner Network activities
3.1. All Ad Spaces that comply with applicable laws and regulations of these Terms, Privacy Policy and have been
approved by Intellectads moderators are allowed to participate in the Partner Network.
3.2. Ad Spaces under construction are not allowed to participate. It is also forbidden to buy traffic in Active
Advertising Systems (CAP, WmMail, Seosprint, etc.), Buxes, and similar systems.
3.3. The Publisher shall submit the request for participation in the Affiliate Program, thereby recognizing the
possible additional program terms of participation therein, that the Advertiser may add to the description of
his/her program and which will be displayed to the Publisher. Such program terms are considered an addition to
these Terms. The Publisher agrees that the program terms can change at any time, and undertakes the
responsibility to monitor such changes. By continuing to participate in the Affiliate Program, the Publisher
automatically agrees to the program terms thereof.
3.4. Only the Advertiser shall make the decision to admit the Publisher to the partnership. The Publisher does
not have a legal basis for obtaining such an admission if the opposite decision was made.
3.5. Intellectads reserves the right to request data on the traffic source and access the statistics of the Ad
Space, while limiting the Publisher's participation in the Intellectads network. In this case, the Publisher
must provide the requested data within 7 calendar days; otherwise, Intellectads reserves the right to stop
displaying the advertisements on the Publisher's website and/or to take other measures to protect the interests
of the Advertisers, whose advertisements are displayed at the Publisher's Ad Spaces.
3.6. Intellectads shall have the right to request from the Publisher identification documents and certificates
which might constitute personal data. Such data is necessary to confirm the validity of the information shared
by the Publisher including but not limited to his name, date of birth, address, tax number, and banking details.
The Publisher agrees to the collection and processing of his personal data by Intellectads. The Publisher's
refusal to provide the needed data will prevent him from submitting the application and ultimately participating
in the Partner Network.
3.7. In the event that affiliate links placed on the Publisher's Ad Spaces are broken and do not take the user
to the Advertiser's website in the agreed upon manner ("Broken Links"), Intellectads is entitled to unilaterally
replace the Publisher's Broken Links with working links. Intellectads shall not credit the Publisher with any
credit rewards during such period.
4. Rights and liabilities of the Publisher
4.1. The Publisher is obliged to strictly follow these Terms and to ensure that the data provided by them to
Intellectads by any means, including the registration form, are complete and true. If any of these data are
changed, the Publisher shall, within 5 days from the date of the change, make the relevant changes thereto in
their personal account.
4.2. The Publisher undertakes to securely store their data (username, password, and code for two-factor
authentication) for access to the Intellectads Partner Network . The Publisher shall not disclose or share or
transfer his log-in details to any third parties. The Publisher is solely responsible for the safety of the
username and password.
4.3. The Publisher needs to have the right to conduct marketing activities on the Ad Spaces which includes
obtaining any licenses or permits required under the applicable laws. It is the sole responsibility of the
Publisher to obtain such licenses. Intellectads is in no way liable for the Publisher's failure to comply with
licensing requirements and is held harmless from any liability by the Publisher who confirms he is the only
responsible party.
The advertisement made by the Publisher should not be vague, ambiguous, or unclear. It should not include false
or misleading claims, or be intended to exaggerate, claim exclusiveness, despise competitors, and involve fraud
or deception. The advertisement should not include false, fake, or unrightfully formulated marks, signs, or
images. The advertisement should be real and unexaggerated and must not create any confusion by any means with
any other brand names, products, or activities. The advertiser must clearly disclose whether there is any
financial gain in a business relationship with the person or the owner of the advertised product or service.
4.4. When using Ad Creatives on the Ad Space, the Publisher undertakes not to violate the rights of the third
rightsholders to the trademark, brand, personal rights, and other rights without the permission of the
rightsholders in accordance with the current legislation. When emailing promotional materials containing the
Advertisers' Ad Creatives, the Publisher is prohibited from using spam. To send promotional materials by email,
the Publisher must obtain the consent of each recipient and provide Intellectads with the relevant evidence upon
request. The Publisher shall ensure that recipients can unsubscribe and opt out of receiving any promotional and
advertisement material by email.
4.5. The Publisher agrees not to take any action that affects the operation of the Intellectads Partner Network.
Such actions include the attempts to technically influence the efficiency of the servers of the Partner Network,
the attempts to hack the security mechanisms, to use viruses, trojans, and other malicious programs for any
purpose. This shall also include brute force attacks, DoS (DDoS) attacks, spam, the use of links, and any other
processes that may damage the operation of the Partner Network. The Publisher shall also ensure timely provision
of click referrer data to Intellectads on a regular basis and shall not interrupt this process by any technical
means that are directly or indirectly controlled by the Publisher. A click referrer must always correspond to
the Ad Space stated by the Publisher.
4.6. The Publisher may only create one account, i.e. one account per one individual or one account per one legal
entity. If an individual performs official duties as part of the staff or on behalf of a legal entity that
already has an account in the Intellectads Partner Network, then that individual is prohibited from creating a
personal account to perform his official duties for the legal entity.
4.7. The Publisher undertakes to thoroughly study and execute the programs terms of the Affiliate Program and
refer to them during the entire period of placement of the Ad Creatives. The Publisher agrees that if s/he fails
to perform this duty, his access to the relevant program may be suspended. In case Intellectads or the
Advertiser suffers losses caused by the Publisher's violation of the program terms, the relevant amount will be
deducted from the Publisher's account. In the absence of funds on the Publisher's account, the Publisher
undertakes to reimburse such losses at the request of Intellectads within 10 (ten) business days from the date
he is notified to do so.
4.8. The Publisher, at the request of Intellectads or the Advertiser, undertakes to check the traffic source and
provide all requested files, documents, etc as required. Failure to do so by the Publisher will entail that his
access to the relevant Affiliate Program may be blocked, and appropriate sanctions may be applied.
4.9. When creating any Ad Creatives, the Publisher is prohibited from using Ad Creatives and Trademarks other
than the Trademarks and the Ad Creatives that were uploaded by the Advertiser in the Intellectads system, unless
otherwise specified. In the case the Publisher creates Ad Creatives and distorts Ad Creatives provided by the
Advertiser, the Publisher is entirely responsible for placing these Ad Creatives as an owner and distributor in
accordance with applicable law and undertakes to independently resolve all arising claims, disputes, including
judicial, to settle all other disputable situations, including the situations with state authorities, third
parties and Advertisers.
4.10. The Publisher undertakes to update affiliate links in good time and monitor the condition of the links.
Links can become broken in the following cases:
- The Advertiser has suspended their work or no longer works with Intellectads;
- The Publisher left the Affiliate Program or his access to it was removed for any reason whatsoever;
- The Publisher's Ad Spaces was removed, blocked, or disconnected from the Affiliate Program;
- The Affiliate Program's action limit was exceeded;
- The Ad Creative (banner, landing page, coupon) was removed or deactivated; and
- The deeplink created by the Publisher leads to a non-existent page, or the Affiliate Program does not support
the generation of affiliate links using the deeplink feature.
4.11. The Publisher agrees to provide Intellectads with any requested documents necessary to confirm the
information mentioned in the Publisher profile.
4.12. The Publisher is notified and agrees that Intellectads will only pay him the reward due after the
Advertiser wires the payment for the provided services to the Intellectads settlement account.
4.13. The Publisher shall ensure compliance with all applicable laws on its own. Failure to do so will open him
up to potential sanctions in relevant jurisdictions.
4.14. The Publisher may create guest accounts himself that derive from his own account. A guest account allows
the Publisher to grant access to certain sections of the personal account only as required for the users of the
guest account to carry out the Publisher's tasks. Each guest account will have a guest profile, which the
Publisher may delete at any time. The guest account user can change the information in his/her guest account
(full name, email address) on his own. The Publisher is fully liable for actions of the guest account user,
including any change in the name and/or email address.
5. Prohibitions
The Intellectads Partner Network prohibits the following activities:
5.1. To simulate Deals by entering knowingly incorrect, non-existent, or someone else's data unbeknownst to
their owner when ordering goods or services by any means;
5.2. To use the advertising methods that force the visitor to perform actions by deception, blackmail, or any
other actions that violate the visitor's freedom of choice;
5.3. To use the data of the Advertiser or a third party protected by a registered trademark, copyright, other
legally registered rights of the holder, for purposes other than the purposes of these Terms. In the case of
using the Advertiser's trademarks and Ad Creatives for purposes other than those specified in these Terms, the
Publisher is fully responsible for such placements in accordance with applicable law and undertakes to
independently resolve all arising claims, disputes, including judicial ones, to settle all other disputable
situations, including with state authorities, third parties and Advertisers;
5.4. Using any practice of bidding on branded terms or branded keywords of a third party through search engines
marketing;
5.5. Using any cookie stuffing technology and/or types of cookie stuffing (cookie dropping);
5.6. To register and/or use for promotion domains similar to that of the Advertisers' websites;
5.7. To use the registered Ad Spaces with a specific declared traffic source for attracting a different type of
traffic;
5.8. To delete an account with negative balance and/or publisher's debt to Intellectads; and
5.9. With regard to Intellectads employees and employees of all the Intellectads-affiliated companies only, to
register as a publisher for the duration of their employment period without prior declaration and approval from
Intellectads.
5.10. If the violations described above are detected, the Publisher's account may be immediately blocked and all
earnings earned as the result of these violations are transferred to the Advertiser. The Publisher is notified
of the decision by the administration. After the account is blocked, it is impossible to create another one.
6. Payment for the Publisher's services
6.1. The Publisher shall receive a reward from Intellectads, which directly depends on the success of their
advertising campaigns.
6.2. In each separate case, the reward amount is determined by the type of paid action and the rate set by the
Advertiser for this type of action. The Advertiser has the right to change the applicable rates upon notifying
the Publisher noting that the new rates do not apply to the services which were already performed. The Publisher
undertakes to become familiar with the current rates in the interface of the Intellectads Partner Network before
submitting an application to join the Partner Network. Submitting an application to join the Partner Network
indicates the Publisher's agreement to the current rates.
6.3. Payment of the reward shall be performed by Intellectads in reasonable time after receipt of withdrawal
request, but no longer than 45 business days, provided the Publisher has the right to receive the reward (clause
6.5). Intellectads is not responsible for the actions and payment processing times of banks and/or other
financial institutions servicing Publishers. Obligation of Intellectads to pay the reward is considered to be
fulfilled in full once the funds are debited from the account of Intellectads.
6.4. Except for the reward payable to the Publisher for the completion of the services, the Publisher is not
entitled to the reimbursement of any costs incurred for the bank transfer, for the use of third-party services
or programs that are not provided by the Intellectads Partner Network, even if these costs are related to his
advertising activities.
6.5. The right to receive the reward is exercised only if all the following conditions are fulfilled:
- The Publisher's advertising activity led to the Deal being concluded between the Advertiser and the visitor.
- The Deal was registered by tracking means of the Intellectads Partner Network.
- The Deal was authorized for calculation by the Advertiser and confirmed by the Intellectads Partner Network.
- The relevant Advertiser has paid Intellectads for its services under its agreement with the Advertiser.
- The reward amount equals or exceeds the minimum withdrawal amount.
- The Publisher did not violate the Terms.
6.6. Intellectads maintains an internal settlement account for each Publisher that is used for carrying out all
accrual and payment operations.
6.7. Each Party is solely and separately responsible for the payment and reporting of its own taxes in any
jurisdiction concerned. If payments under these Terms are subject to applicable withholding tax, Intellectads
shall be entitled to deduct the corresponding tax amount from the Publisher's reward.
6.8. The Publisher is fully responsibile for the payment information and bank account details he provided and
confirms that it is true, complete, and accurate. All payments will be made in accordance with the account
details provided. Intellectads is not obligated to take steps to verify the accuracy of the payment information
provided by the Publisher.
6.9. The Publisher will immediately return, reimburse and repay Intellectads for any amounts paid to the
Publisher in error, or other than in accordance with the Publisher's rights under this Agreement.
6.10. Intellectads, based on commercial, banking, technical or other reasons, retains the right to set
withdrawal limits for Publishers' reward (maximum amount possible to withdraw per each month). More detailed
information regarding such limits may be available upon setting a request for withdrawal.
7.Taxes and Invoicing
7.1. In respect of the Invoice raised by Publisher under this Agreement,'Service Fee'shall be exclusive of all
indirect taxes including Central Goods and Services Tax, State Goods and Services Tax, Union Territory Taxes,
Integrated Goods and Services Tax, duties and other similar charges applicable under the current laws in force
or that may become applicable upon a change in law in future.
7.2. The invoice shall be duly raised by the Publisher within 30 (thirty) days from the date of withdrawal on HQ
portal of Intellectads. It is hereby agreed between the parties that GST Invoices shall be raised from the
states/jurisdictions where the taxable supplies of services are made.
7.3. Publisher would issue invoices in accordance with the provisions of the Goods and Services Tax ('GST') Laws
and the invoices would be sent to the registered address of the Company.
7.4. Intellectads shall reimburse GST to the Publisher, if so indicated in the relevant invoice, only upon
receipt of valid GST invoice in original and any other document(s) as the Company may require to satisfy itself
of Goods and Services tax registration and statutory filling details of the Publisher so that due credit gets
reflected on the GST portal of Intellectads on time. Further, the Publisher is solely responsible for remitting
such taxes charged to Intellectads to the respective government authorities along with any interest/ penalties
for delay or non-payment on such remittances.
7.5. All Service Fees under the agreement will be subject to tax deduction at source (TDS) as per prevailing
Indian Income Tax laws. Intellectads will provide the TDS certificate within prescribed timelines as per law
unless there are any technical issues in generating the certificate in the said timelines.
7.6. The Publisher authorizes Intellectads to withhold the payment or to adjust the same to the extent of GST
credit loss (including any interest or penalty imposed on the Intellectads on account of the same) owing to
non-compliance by the Publisher with GST laws and rules etc. framed thereunder including but not limited to the
below:
* Non issuance of invoices on time;
* Issuance of invoice with incorrect / incomplete particulars;
* Invalid Invoice Reference Number (IRN) on E- invoice, if applicable
* Failure/delay in payment of taxes to the Government
* Failure/delay to upload the invoices relating to its transaction with Company on the GST portal
* Errors on the Publisher's part in filing the returns; or
* Any other reasons due to a fault of the Publisher.
Provided further if the Publisher is not entitled to any further Services Fees or GST due to
non-provision/non-entitlement of Services Fees as per this Agreement, due to which Intellectads is not able to
adjust and recover the GST as per clause 7.4 hereinabove then the Publisher hereby expressly agree and undertake
to pay such amount of GST credit denied to Intellectads along with interest and also hereby agree and undertake
to abide by this conditions notwithstanding any legal provisions and limitations for payment of Services Fees.
7.7. The Publisher agrees to indemnify Intellectads from time to time and at all times hereinafter, from and
against any liability, payment, interest or any other or similar payment or liability etc. arising due to any
fault on the part of the Publisher or mismatch report generated on account of non-compliance of filing of GST
returns and / or details of outward supplies.
7.8. In the event the GST department issues notices u/s 79 of the CGST/SGST Act to Intellectads for remitting
the moneys to the GST department that was payable by Publisher to the GST department for recovery of the
contested GST liability, Intellectads would be completely indemnified by the Publisher for any losses, damages,
costs, charges and expenses, suffered or incurred in pursuance of such proceeding.
7.9 The Publisher acknowledges and agrees that in case any scrutiny, audit, assessment or any other tax
proceedings are initiated against Intellectads in respect to this Agreement, the Publisher shall fully support
and co-operate with Intellectads by furnishing the relevant information and documents in a timely manner as may
be required by Intellectads.
8. Participating in the Referral Program
8.1. The Publisher can invite users not previously registered on Intellectads as Publishers to the Partner
Network in exchange for a reward. Such users are considered Referrals of the Publisher in question.
8.2. Referrals are invited to join the Partner Network through the Publisher's referral link, which can be found
in the "Intellectads Referral Program" section on the Dashboard of the Publisher's personal account.
8.3. Any users invited by the Publisher who register using the Publisher's unique referral link within a year of
clicking on it become that Publisher's ("Referrals"). The attribution of a Referral to a given Publisher is
determined by the presence of a referral cookie in the user's browser at the time of registration. If the cookie
is not present, the registration is not considered a referral registration.
8.4. The Publisher receives a reward for attracting Referrals in the form of a percentage of the revenue to the
Partner Network generated from the amount withdrawn by the Publisher's Referrals.
8.5. The amount of the reward for the current month and the rate (as a percentage) are specified in the
"Intellectads Referral Program" section on the Dashboard of the Publisher's personal account. The funds
automatically receive the status "Confirmed," and on the first of every month, the value in the field "Earned
(this month)" is zeroed out.
8.6. The Publisher receives rewards for the Referral for the duration of one year starting from the moment the
Referral registers in the Partner Network. After this period expires, no rewards are assigned.
8.7. While taking part in the Referral Program, it is prohibited to:
- use illegal methods to attract Referrals or any other artificial means of increasing the number of Referrals;
- deceive Referrals or give incorrect information about the Partner Network;
- create clones of Intellectads websites or use a similar interface;
- use automatic redirects, pop-up windows, or any other forms of intrusive advertising: pop-unders,
click-unders, toolbars, etc;
- send out spam messages or messages pretending to be from Intellectads employees by email, over messengers, or
by any other means;
- register accounts belonging to the Publisher using the Publisher's unique referral link; or
- place paid ads with the referral link in results to search requests in which the Intellectads brand is
mentioned.
8.8. If any item of clause 8.7 is violated, or if the Referral Program is used in bad faith, Intellectads
retains the right, without providing reasons, to:
- disable the Publisher's access to the Referral Program;
- dissociate Referral(s) from the Publisher;
- withhold awarded income from Referral(s) to the Publisher; and
- block the Publisher's account in the Partner Network.
Intellectads retains the right to verify the Publishers' compliance with clause 8.7 and his proper use of the
Referral Program.
9. Term and termination
9.1. These Terms are concluded for an indefinite period of time and start when the confirmation letter is sent
by e-mail specified by the Publisher during registration process.
9.2. The Parties may voluntarily terminate the Terms at any time.
9.3. The Publishers may terminate the Terms in their personal account by clicking the "Delete account" button in
the account general settings, except as specified otherwise in clause 5.8 hereof.
9.4. Intellectads shall have the right to delete the Publisher's account and data from the system in the
following cases:
The Publisher has not logged in to their account for the last 12 months.
The Publisher has not interacted with the Intellectads system outside the web interface (for example, through
the API) for the last 12 months.
After 9 months' inactivity period, Intellectads will notify the Publisher that in case of inactivity and non-use
of the account, Intellectads will delete the Publisher's account and data in 3 months from the date of
notification, and the remaining funds will be written off in favor of Intellectads. The Publisher agrees and is
notified that s/he has no right to restore the account or return the funds, after the expiration of the above
Terms and the deletion of the account.
9.5. In case of termination due to violations of these Terms by the Publisher, s/he shall pay the debt (if any)
and the penalty specified in these Terms in accordance with clause 13.2.
10. Protection of personal data
10.1. Intellectads shall store and process only those data that were specified by the publisher in the
registration form and in their personal account, or that were obtained from the Publisher during their
participation in the Intellectads Partner Network.
10.2. The Publisher agrees to comply with all laws, rules, policies, and confidentiality provisions effective in
the regions where the services are provided.
10.3. The Publisher undertakes to comply with all laws, including the Digital Personal Data Protection Act 2023,
and perform the following actions:
To inform end users about the use of tracking devices, cookie files, and other online identifiers.
To receive the consent of end users for placing and collecting cookie files and other online identifiers on
their devices and provide information on the possibility of refusing or deleting files, if necessary.
To take appropriate technical and organizational measures against accidental loss and damage, as well as illegal
processing of personal data.
10.4. The Publisher undertakes not to take any actions that may lead Intellectads to a breach of the current
Data Regulations Law.
10.5. Intellectads and the Publisher undertake to comply with the data protection laws.
Depending on the jurisdiction, the Publisher may be obliged to inform visitors of their website about cookies
that are used on the website, including those placed by Intellectads (so-called third-party cookies) and other
online identifiers. The Publisher must explain what cookies s/he and/or third-parties set in the user's browser
and for what purposes this information is collected. Also, the Publisher undertakes to obtain a preliminary,
freely presented, specific and informed, unambiguous, and revocable consent from users before setting any
cookies in their browsers.
10.6. In the case of installing the script/API from https://teleport.Intellectads.co.in/ by the Publisher, the
Publisher is obliged to get users' consent for transferring online identifiers to Intellectads by themselves on
their platform. In the case of transferring online identifiers to Intellectads, the Publisher guarantees the
presence of the informed, unambiguous, and revocable user's consent for transferring these data to Intellectads.
The Publisher is obliged to store consent confirmations for the whole period of participating in the Partner
network and provide the proof of consent to Intellectads by request at any moment.
11. Confidentiality
11.1. Each party undertakes to use the commercial information of the other party, information about its business
affairs and operations, trade secrets, know-how, and source code, or any information specifically marked as
confidential, including all mentioned information of the other party's counterparty or affiliate (hereinafter
the "Confidential Information") only for the performance of its rights and obligations hereunder. The parties
undertake not to disclose Confidential Information.
11.2. The following information will not be considered confidential:
- the information which is or subsequently became publicly available without infringement of the Agreement by
the receiving party;
- the information which was legally obtained from the Third Party without restriction and without violation of
this Agreement, and also without the non-disclosure obligations of the receiving party;
- the information which cannot be attributed to Confidential Information in accordance with applicable law;
- the information which is published in the Intellectads system when receiving or providing services in
accordance with these Terms; and
- the information which is required for transmission of data to government agencies as required by law,
applicable to the regions of service delivery.
11.3. When deleting the Publisher's account, Intellectads shall also delete all personal data of the Publisher,
except for the username and statistics data.
11.4. The provisions of clause 11 remain valid for 5 years from the termination of these Terms.
12. Rights to use information
12.1. The information obtained during participation in the Intellectads Partner Network is allowed to be used
exclusively with the Intellectads Partner Network. Transfer thereof to third parties and use for other purposes
is prohibited.
12.2. The Intellectads Partner Network and the components thereof (products and applications) are protected by
the current legislation in the field of copyright and related rights.
12.3. Intellectads provides Publishers with the temporary, non-exclusive right to use the provided services and
applications and the data contained therein exclusively within the framework of participation in the
Intellectads Partner Network. In case of termination of the Agreement, this right loses its validity.
12.4. Other ways of using information are prohibited. The Publisher is STRICTLY PROHIBITED to transfer wholly or
partially the rights to use the services, applications, and data granted to them to third parties, provide
access to them, modify or otherwise process them, transfer them in other forms or create their own databases or
information services based on them.
13. Liability and limitations of liability
13.1. Intellectads shall not be liable for any damage or interference caused by the content of third-party web
pages, software errors, or hardware of participants of the Partner Network, or for damage caused by insufficient
availability or the limited functionality of the internet.
13.2. The Publisher must pay an amount of Rs 100000 INR penalty along with consequential damages for each case
of violations described in clause 5 of these Terms.
13.3. The Publisher will indemnify, defend, and hold harmless Intellectads (including its directors, employees,
agents, or contractors) from and against any claims, costs, damages, losses, liabilities, and expenses
(including legal fees) relating to any claims, actions, suits, or proceedings by third parties against
Intellectads arising out of or related in any way to any culpable breach by the Publisher of any of the
warranties at these rules, or the Publisher's gross negligence or willful misconduct.
14. Changes to these Terms
14.1. Intellectads reserves the right to change the provisions of these Terms at any time. At Intellectads's
sole discretion, notifications of changes may be sent by email. The Publisher shall be solely liable for regular
familiarization with these Terms.
14.2. The use of the Intellectads Partner Network by the Publisher after making changes to these Terms indicates
the Publisher's consent to the changes and willingness to assume the obligations specified in these Terms.
Disagreement with the changes in the Terms entails the termination of these Terms, as well as the termination of
work with the Intellectads Partner Network.
15. Final provisions
15.1. If certain provisions of these Terms become invalid in whole or in part, the validity of the remaining
provisions shall not in any way be affected or impaired. The provision that has become invalid is considered
replaced by the applicable provision under statutory law. If such replacement would constitute undue hardship,
the Terms in whole become invalid.
15.2. The rights and obligations resulting from these Terms may be transferred to a third party only with the
consent of Intellectads.
15.3. It is agreed that these Terms shall be governed by, construed, and enforced in accordance with the laws of
India without regard to its conflict of laws, rules or principles. Any dispute arising out of the formation,
performance, interpretation, nullification, termination or invalidation of these Terms or arising therefrom or
related thereto in any manner whatsoever, shall be settled by the courts in India.