Non-Standard Terms & Conditions
(1) The Commission offered by the Advertiser to the Publisher will be set by the Advertiser, establishing in the
agreement a 6% as an average commission for the sector. The Advertiser will be able to modify it later.
(2) In deviation to clause 5.5.2 (b) the following will apply: "the result of a fraud committed by a Participating
Publisher or by the purchaser of the Product."
(3) In deviation to clause 6.1 the following will apply: "The amount of any Commissions is as set out in the Insertion
Order and as may be displayed on the Interface. CPA Commissions in respect of Approved Transactions will be
determined by the Advertiser as either: 6.1.1 a percentage of the purchase price of the Product(s) subject of the
Approved Transaction, as set out on Interface; or
6.1.2 a fixed amount, irrespective of the purchase price of the Product(s) subject of the Approved Transaction, as
set out on Interface and the Advertiser shall have discretion over whether CPA Commissions should be determined
in accordance with clause 6.1.1 or 6.1.2."
(4) In deviation to clause 6.7 the following will apply "The Advertiser will be bound to pay Commission as varied,
whether such variations were made by the Advertiser or on the Advertiser behalf by an agency acting on behalf of
the Advertiser or by the Company upon request of the Advertiser for any all Actions made after the time of
variation."
(5) In deviation to the clause 8.13 the following will apply: "Without prejudice to the Company's other rights or
remedies, if the Advertiser fails to make any payment when due under this Agreement or any Additional Country
Agreement (not including any amount disputed in good faith in writing)"
(6) In deviation to clause 8.15 the following will apply: "If payments under this Agreement are subject to withholding
tax, the Advertiser is entitled to deduct the appropriate amount from payments to the Company, provided that
Advertiser keeps written records of all such deductions as well as associated payments and such records are
immediately accessible to Company. The parties agree to work together on reducing or avoiding any withholding
tax, and, upon Request and unless not permitted under applicable laws, shall provide documents required for any
reduction, exemption, reimbursement or deduction of withholding tax."
(7) In deviation to clause 10.1 the following will apply: "For the duration of this Agreement and for a further period of
three months after. The Advertiser will not, directly or indirectly, enter or attempt to enter into any agreement,
understanding or other form of arrangement (whether express or implied) with any current or former Participating
Publishers"
(8) In deviation to clause 17.5 the following will apply: "Either party may terminate this Agreement on at least three
months written notice to the other party, such notice to expire at the end of the Initial Term or any the Renewal Term
then in effect."
(9) In deviation to clause 18.2.3 the following will apply: "each party will return or at the other party'’s option destroy
all Confidential Information in its possession within five Business Days unless prohibited by applicable laws;and."
(11) In deviation to clause 4.7.1 of the DPA, following will apply: notify the other Party without undue delay upon
becoming aware, but never after 48 hours, of a Personal Data Breach affecting Network Personal Data
(12) In deviation to the clause 16.10.4 the following will apply "claims in accordance with statutory warranty law
arising from defects in Company's Services for which the Advertiser brings a claim"
(13) In deviation to the clause 7.2 of the DPA the following will apply; "The Company shall not be liable for any for
breaches of Data Protection Law arising in respect of Processing by or in connection with any third party adtech
provider whose technology may be integrated with the Advertiser Website by the Advertiser at its sole discretion by
use of the Company technology (as applicable from time to time)"
(14) The program has a post view 24h and post clic 30 dias policy
