Cpamatica

Terms & Conditions

By agreeing to continue to browse and use our website you are bound by the following Terms & Conditions. The following agreement governs your participation as a member (either “Affiliate” or “Advertiser”, as applicable) of the Cpamatica Affiliate Network. By enrolling as an Affiliate, the client, its agents, representatives, employees and any other person acting on its behalf with respect of the use of the service, shall be bound by – and agrees to be bound by these Terms & Conditions.

  1. Definitions
    1. Cpamatica means CPAmatica Ltd., a BVI business company No. 1878487 with its registered office address at 33 Porter Road, P.O. Box 3169 PMB 103, Road Town, Tortola, British Virgin Islands.
    2. Network means the advertising network operated by Cpamatica, which is made of Affiliates and Advertisers.
    3. Service means targeting by Cpamatica of a visitor in order to generate conversions and collecting data to optimize targeting and effectuate the advertisement campaign in a positive mannerby means of distributing Ads provided by Advertiser, within Cpamatica’s network.
    4. Advertiser means the advertiser, merchant or advertising agency providing promotional offers to Cpamatica for use by the Affiliate.
    5. Offer means a promotional offer published on the Network System, setting out an advertising offer on behalf of an Advertiser and containing such additional terms and conditions as the Advertiser and Cpamatica, in their discretion, consider necessary.
    6. Advertisement or Ad means the advertisement in the form of graphics and/or text supplied to Cpamatica for inclusion in the Cpamatica Network and to be made available for Affiliate use.
    7. Fraud means invalid nonhuman traffic or bots registering impressions or clicks on ad units.
    8. Conversion is an action on which the commercial deal is based, for example, if the commercial deal is CPM, CPA, CPC, CPL, CPD, CPPU, CPAU, CPI, conversion is respectively mille, action, click, lead, download, paying user, active user and install.
    9. Tracking code means code provided by Cpamatica to Affiliate, based on the Provided URL to be embedded onto the Landing Page.
    10. Traffic means total network reach
  2. Service
    1. From the date of execution of the Agreement, Affiliate agrees to preform lead generation servises, and Cpamatica agrees to provide the Service. However, the Service shall only be rendered if and when the Affiliate is accepted by Cpamatica. Cpamatica may deny acceptance of an Affiliate for any reason and is not obligated to inform the Affiliate of the reason of rejection.
    2. Affiliate will be solely responsible for the development, operation, and maintenance of the Affiliate website and for all materials that appear on the Affiliate website.
    3. Affiliate may not sublease, rent, lease, sell, resell, outsource or service any Offer, and any attempt to do so shall be null and void.
    4. Without puprose to make any limitation, Cpamatica has the right to stop the Service, for example, in the event that one of the following situations occurs for at least the duration of this situation:
      • The Affiliates’s or Advertisers name and details are not filled out properly
      • The Agreement is not signed by an authorized person.
      • The Advertiser has not fulfilled its payment obligations.
    5. Cpamatica will actively monitor Affiliate activity using a combination of its proprietary software and third party monitoring services. It is the obligation of Affiliate to prove to Cpamatica that they are not committing fraud.
    6. Affiliate must comply with all Offer Terms as outlined in Ads.
    7. Affiliate must not generate any Actions in bad faith or through fraudulent mechanisms. This includes, but is not limited to, generating own Actions using manual or automated processes, misrepresenting product or service offered by Advertisers, deceiving Users into obtaining product or service offered by Advertisers.
    8. Affiliate must not use the Advertiser or Cpamatica name (including any abbreviation thereof) in the originating email address line ("From" line) or subject line of any email transmission, unless specific permission is given otherwise.
    9. Each party shall at all times cooperate with the other in good faith and respect.
  3. Fee and payment conditions
    1. Cpamatica will pay to the Affiliate a payout (the "Payout"), calculated in accordance with the payment terms outlined in each Offer posted by Cpamatica on the Network System.
    2. Payments are carried out every week on Thursdays. For new webmasters payments are made by NET-15 system (the first payment goes from 10 to 15 days max). Money can be transferred during 3 days. The Affiliate shall provide Cpamatica with all their actual bank details.
    3. Minimum amount that can be paid to the Affiliate in a given billing period must be equal or exceed:
      • Webmoney - 50$ (Fifty US Dollars)
      • Payoneer - 250$ (Two Hundred and Fifty US Dollars)
      • Paypal - 500$ (Five Hundred US Dollars)
      • Wire - 1000$ (One Thousand US Dollars)
    4. The amount of the payment to webmaster is based solely on data and statistics of Cpamatica partner network and is reflected in the account.
    5. Cpamatica will not be responsible to pay Affiliate on any eligible Payouts where: (a) the applicable Compensable Transaction involves the generation of leads, and the applicable leads delivered by Affiliate are comprised of consumers that have previously registered for, opted-in to and/or are already a member and/or an applicable campaign customer of the applicable Advertiser, as the case may be; (b) are generated using fraud, incentivized marketing or otherwise in violation of the restrictions contained herein. Cpamatica will not pay payouts on any billings: (1) that occur before Affiliate is accepted into the Affiliate Program; and (2) that occur after termination of this Agreement or any applicable Advertising Campaign. Cpamatica holds the right to withhold and/or cancel Payouts due and owing to Affiliate at any time, in its sole discretion, when Cpamatica believes that Affiliate is in breach of any term of this Agreement. Customers that buy products and/or services through the Affiliate Program shall not be deemed to be the customers of Affiliate.
    6. If Cpamatica determines, in its sole discretion, that the Affiliate has engaged in any activity that Cpamatica considers to be fraudulent or which might bring the reputation or standing of Cpamatica into disrepute either with the general public or with the Advertisers or potential Advertisers of Cpamatica, or otherwise that the Affiliate or has engaged in activities which might be considered fraudulent, Cpamatica may but will not be obligated to (a) suspend or terminate the Affiliate's membership in the Network, without notice and (b) release to any third party, information relating to the identity of the Affiliate.
    7. Refferal Program. Affiliate shall earn a 2% referral fee on the commission payments made to any other new Affiliates (excluding bonuses, rewards, additional payouts) who have been referred to Cpamatica using the specified link code.
  4. Limits on liability
    1. Cpamatica cannot guarantee or warrant the performance of the Service under all circumstances.Cpamatica cannot guarantee the success of the Campaign or the advertisement campaign.
    2. More specifically, Cpamatica will not be liable for defects in the Service, interruptions in the accessibility to the Service, infringements on data or loss of data on the information handling system, defects in the security system or viruses or other harmful software components in the Service or for any damage caused by viruses or components of the Service, to the software and/or theAffiliates’s website. Cpamatica shall not be liable for any error in the implementation of the links on the Affiliates website or for the specified function of the links.
    3. Affiliate hereto agrees to indemnify and hold harmless Cpamatica, Advertiser, and each if its agents, officers, directors and employees against all liability to third parties resulting from the acts or failure to act of such indemnifying party, or any act of its customers or users. Affiliate is solely responsible for any legal liability arising out of or relating to the Affiliate's website(s), any material to which Users can link through the Affiliate's website(s) and/or any consumer and/or governmental/regulatory complaint arising out of any e-mail campaign or other advertising campaign conducted by Affiliate, including but not limited to any Spam or fraud complaint and/or any complaint relating to failure to have proper permission to conduct such campaign to the consumer.
    4. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL CPAMATICA AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS (COLLECTIVELY, THE “RELEASED PARTIES”) BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF, OR RELATING TO, THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SERVICE, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, LOSS OF BUSINESS, LOST PROFITS, TRADE SECRET MISAPPROPRIATION, INTELLECTUAL PROPERTY INFRINGEMENT. Without limiting the foregoing, to the fullest extent permitted by applicable law, you agree that the aggregate liability of Cpamatica to you under or in connection with this Agreement shall not exceed $5,000.00 (five thousand U.S.Dollars), plus, if you are an Affiliate, any outstanding amount of Payout that is due to you.
  5. Terms and Termination
    1. Cpamatica may terminate this Agreement, at any time, on six (6) hours’ Notice to the Affiliate. The Affiliate may terminate this Agreement, at any time, on forty-eight (48) hours’ Notice to Cpamatica.
    2. The present Agreement shall have its beginning in the present date of signature and last until the Publisher fails to respect any of the clauses written in this contract.
  6. Non-disclosure and data ownership
    1. Any confidential information and proprietary data provided by one Party (including any Advertisement description, the pricing of any Advertisement or Publishers personal/company documents), shall be deemed “Confidential Information” of the disclosing Party. Confidential Information shall be kept in the strictest confidence and shall be protected by all reasonable and necessary security measures. Confidential Information shall not be released by the receiving party to anyone except an employee, or agent who has a need to know same, and who is bound by confidentiality obligations. Neither Party will use any portion of Confidential Information provided by the other party hereunder for any purpose other than those provided for under this Agreement.
    2. All personal identifiable information initially gathered regarding individual web users is property of Cpamatica and is considered Confidential Information. Nevertheless, both Parties may use such information on an aggregated, nonidentifiable basis.
  7. General
    1. Cpamatica may assign this Agreement without the Affiliate's prior consent. The Affiliate may not assign this Agreement without the express written consent of Cpamatica.
    2. Cpamatica reserves the right to change, amend or altered this Agreement at any time, for any reason, or for no reason at all, at its sole discretion. The most recent version of this Agreement will be posted here. Although Cpamatica may provide notice of material changes to this Agreement to the Affiliate but it is the Affiliate’s sole responsibility to keep themselves informed of any such changes or amendments.
    3. Affiliate represents and warrants that it will respond to all consumer complaints within forty-eight (48) hours of notification.
    4. Affiliate will be solely responsible for the development, operation and maintenance of the Affiliate Websites, Affiliate Database and for any and all materials that appear on the Affiliate Websites.
    5. Affiliate agrees that Cpamatica may use, in perpetuity and without prior approval, Affiliate’s name, company name and/or likeness, the Affiliate Website addresses and any associated information in Cpamatica ‘s marketing materials and press releases, without compensating Affiliate.
    6. In the event that any term, covenant or condition of this Agreement is declared indefinite, invalid, illegal or unenforceable by a court having jurisdiction then this Agreement with respect to the remaining terms, covenants or conditions will continue in force.
    7. This Agreement shall be governed by, construed and enforced in accordance with the laws of British Virgin Islands; all matters concerning the performance thereof shall be construed, interpreted, applied and governed in all respects in accordance with the laws of the British Virgin Islands.