Advertiser Agreement

ONA Business Advertiser Agreement (the “Agreement”) ONA Business Services LTD (UK), (the “ONA Business”, “We”, etc.) is an affiliate marketing agency providing services to Advertisers for products monetization and promotion (the “Service”), connecting Advertisers and Affiliates globally through ONA Business Affiliate Offers (“Offers”) and, You (the, “Advertiser”, “You”, “Yours”, etc.) having sufficient authority to enter into present Agreement, seeking for an online service for the creation, management, promotion of your advertising campaigns and monetization of your products, and

WHEREAS

ONA Business has offered its Service to the Advertiser through https://onabusiness.co.uk/ (the, “Program”, etc.) and Advertiser’s personal account, and you decided to utilise the Service,

NOW

ONA Business and Advertiser hereby agree as follows:
BY CHECKING THE BOX AND CLICKING “I ACCEPT” BUTTON, AS APPLICABLE, OR BY CONTINUING TO PARTICIPATE IN THE SERVICE FOLLOWING OUR PUBLICATION OF THE REVISED VERSION OF THIS AGREEMENT ON OUR WEBSITE, YOU (A) CONFIRM THAT YOU ARE AWARE AND COMPLY WITH PRESENT AGREEMENT AND AGREE TO BE BOUND BY THIS AGREEMENT; (C) ACKNOWLEDGE AND AGREE THAT YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF PARTICIPATING IN THE PROGRAM/SERVICE/CREATION OF OFFER(S) AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE, OR STATEMENT OTHER THAN AS EXPRESSLY SET FORTH IN THIS AGREEMENT; (D) HEREBY REPRESENT AND WARRANT THAT YOU ARE AUTHORIZED AND LAWFULLY ABLE TO ENTER INTO THIS AGREEMENT AND THAT YOU ARE AND WILL REMAIN IN COMPLIANCE WITH THIS AGREEMENT; AND (E) AGREE TO RECEIVE DIRECTLY TO YOUR E-MAIL NEWSLETTERS, TRAFFIC MONETIZATION INSIGHTS, LATEST PROMOTIONS, CASE-STUDIES AND TUTORIALS FROM US.

1. Definitions

1.1. “Ad(s) or Advertisement(s)” – means links, graphical, interactive, rich media and video, or other online advertisements, including, without limitation, banners, buttons, towers, skyscrapers, pop-ups, pop-unders and video advertisements or other creative materials or similar generated by advertiser’s web-servers in response to a query from ONA Business.

1.2. “Advertiser” – means a party that has decided to enter into this Agreement and to assign ONA Business to provide services/Service in accordance with the terms and conditions of this Agreement. A natural or legal person who wishes to establish conditions/specifications for Ad(s)/Advertisement(s) that are necessary for the successful completion of Offers.

1.3. “Advertiser Account” / “Account” – means the Advertiser’s account at ONA Business web-site https://onabusiness.co.uk/Advertiser will not be able to self-manage ad campaigns through Advertiser’s account but instead all actions at Advertiser’s account will be executed by ONA Business officer according to the instructions of the Advertiser. Advertiser will only have access to stats and the option to top up the account balance.

1.4. “Content” – means all ad content, related technology and tags provided by Advertiser that are subject to the Service under this Agreement.

1.5. “ONA Business Affiliate Offer(s) (Offer or Offers)” – means Offers created and/or managed by ONA Business as per the instructions of the Advertiser and available for Affiliates in the ONA Business Network for promotions. Each Offer includes specifications relating to Ad(s)/Advertisement(s) that are to be used/linked/placed/displayed on the website(s)/Traffic source(s) of Affiliates. Each Offer is approved by the Advertiser and considered to be completed through the Qualified Actions of end user(s).

1.6. “ONA Business Network” – means ONA Business’s network offering the Service to the Advertiser, available at https://onabusiness.co.uk/, which includes Advertisers and Affiliates.

1.7. “Confidential Information” – will include any information, whether provided in writing, orally, visually, electronically or by other means, related to the Service(s) and/or business of a party and is treated as confidential or secret by the party, including but not limited to (i) all information marked as “Confidential,” “Proprietary,” or similar legend by the disclosing party (“Discloser”) when given to the receiving party (“Recipient”); and (ii) information and data provided by the Discloser, which under the circumstances surrounding the disclosure should be reasonably deemed confidential or proprietary.

1.8. “Campaign” – means certain actions set up by ONA Business officer according to the instructions of the Advertiser to increase traffic to the Advertiser or its partner website, sales and/or attracting new customers.

1.9. “Effective Date” – means the date of adoption of the terms of this Agreement by the Advertiser or in the absence of its signature, the date when the Advertiser set up an Advertiser Account with ONA Business.

1.10. “Link” – means any Link provided by the Advertiser to ONA Business for the creation of the Offer and provision of the Services under this Agreement.

2. The Service


2.1. ONA Business O provides you an opportunity to participate in its Service/Program by instructing the creation and management of Ad Campaigns/Offers, approving such Offers before their placement on the ONA Business Network. ONA Business will monitor, track and report its Services in a manner and on a schedule as determined by ONA Business.

2.2. In order to become an Advertiser, you must first accurately submit an application for a ONA Business Advertiser account at our website and accept present Agreement (Self-registration) or register as an Advertiser by contacting ONA Business directly (Managed-registration) for acceptance, and not use any aliases or other means to mask your true identity or contact information. After we review your application, we will notify you of your acceptance or rejection as ONA Business’ Advertiser. We may accept or reject your account registration at any time at our sole discretion for any reason. ONA Business reserves the right to add, edit, remove or reclaim any account details (including your submissions) with or without your consent if deemed appropriate at ONA Business sole discretion.

2.3. By filing your account application or registering as an Advertiser you confirm your understanding and unreserved acceptance of present Agreement and other terms and conditions of ONA Business, including, but not limited to the Privacy Policy, Agreement on the Storage of the Cardholder’s Credentials, published at our website concerning the Services, and confirm that you are a duly authorized signatory, have full legal capacity and all the necessary authority to bind the individual, company or other entity, and hereby submitting a legally binding electronic signature and entering into a legally binding contract.

2.4. Advertiser understands and accepts that ONA Business does not allow and prohibits the multiple account opening for each Advertiser. Advertiser agrees not to fill in an account application and/or register as an Advertiser more than one time and/or hold more than one account with ONA Business for any reason and/or in order to benefit in any way from any marketing promotional program/project and/or offer available for the Advertiser by ONA Business.

In any case where ONA Business identifies multiple account applications/ registrations/ openings/ holdings of an Advertiser through the use of any technology or through other means available for and/or acceptable by ONA Business only, ONA Business may forbid access to and/or suspend and/or ban and/or close any such multi accounts and/or the main account of the Advertiser and/or manage all accounts in such way and/or take any other actions and measures deemed appropriate in the sole discretion of ONA Business , regardless of the reason/purpose that such multi account applications/ registrations/ openings/holdings were created.

If the only and/or any account of the Advertiser is forbidden access to and/or is suspended and/or banned and/or closed for any reason, including but not limited for reasons related to prohibited/non accepted activity, the Advertiser understands and agrees that is not allowed and will not fill in another account application and/or re-register and/or create and/or hold any other new account for the same reason and/or for any other prohibited/non accepted activity.

2.5. ONA Business may allow multi account applications/ registrations/ openings/ holdings for an Advertiser if this is specifically and clearly predefined as accepted/permitted in any specific marketing promotional program/project and/or offer and/or in exceptional cases, at any time and for any reason ONA Business considers acceptable and solely at its own discretion, if the Advertiser submits such request by sending an email directly to his/its ONA Business account manager or [email protected].

2.6. ONA Business has, in its sole discretion and without any liability, the right to deny any advertising material, Links or Content that includes and/or is based on any inappropriate or illegal content as such and/or on material that infringes the rights of any third party or is in violation of any law, as bound by the law or determined by us in our sole discretion, including but not limited to the following:


2.7. If the Advertiser provides software for Campaign, it shall be free from any spy- or malicious software and comply with the terms and conditions under present Agreement. In confirmation of this fact the Advertiser can provide duly executed SSL-, or Code sign certificate.

2.8. In order to be eligible to become an Advertiser of software or other application (API), your software or application (API) must meet the following criteria:


Advertiser will make all reasonable efforts to prevent unauthorized use of its software or application and to terminate any unauthorized use. Advertiser will promptly notify ONA Business of any unauthorized use of, or access to, the software or application of which it becomes aware.

Advertiser’s software shall be installed only with the consent of the end user, and shall provide ability of its removal without special additional programs.

2.9. Advertiser acknowledges and accepts that ONA Business may stop a Service/Offer/Campaign immediately in case the Advertiser provides inappropriate content as described under this clause 2.

2.10. In order to ensure compliance with this clause 2, Advertiser must notify ONA Business in writing of any changes to the Links and content which could be deemed inappropriate content.

2.11. ONA Business may, but is not obliged to, view the Links for the presence of prohibited Content and may remove or move (without warning) any Content or Advertisers in its sole discretion, for any reason or no reason, including without limitation the movement or removal of Content that, in the personal opinion of ONA Business, violates this Agreement, and/or may violate the rights, harm or threaten the safety of other Advertisers, Affiliates or third parties.

2.12. In case where advertisements contain such content, ONA Business reserves the right to withhold payment for the entire Campaign, withhold account balance and any other remuneration and/or submit an immediate legal action against the Advertiser and/or set a financial penalty, based on the damages caused to ONA Business. Advertiser will defend, indemnify and hold ONA Business or its affiliates and representatives harmless from any damages, liabilities, costs, and expenses (incl. attorneys’ fees) resulting from any claim, judgment or proceeding brought by a third party.

2.13. ONA Business has the following Non Acceptable Business rules for Advertisers:

2.14. Advertiser must not use any tool and/or inventory and/or campaign preferences available for him through ONA Business for and/or in any way that suggests and/or results to any misleading and/or fraudulent activity. Advertiser understands and agrees that such tools and/or inventories and/or campaign preferences are only provided to the Advertiser in good faith and that ONA Business is not responsible and must not bear any responsibility whatsoever in relation to their use at any time.

2.15. There is only one method of using the Service available – Management Service.

Management Service assumes that assistance of using the Services and Program shall be provided by ONA Business officers. Access to the Service shall be provided through a ONA Business officer. Advertiser must contact a ONA Business officer in order to commence the operation, management of the Advertiser’s account/Ad Campaign. ONA Business officers will be executing your requests in relation to the creation and management of your Ad Campaigns, however, all the actions or modifications made through your account shall be deemed made solely by you. ONA Business will then, based on your agreed Ad Campaigns, create a final Offer for you to check and approve/accept. The said approved Offer will be uploaded in ONA Business Network for promotion purposes by Affiliates only upon your approval/acceptance.

2.16. All support and/or assistance and/or service provided to Advertiser by ONA Business and/or ONA Business officers and/or any other ONA Business personnel and/or employee is intended to be and must be considered by the Advertiser as mere information. No information and/or support and/or assistance and/or service provided during the Provision of the Services themselves shall be construed as containing, advice or a recommendation or an offer of or solicitation for any service provided, regardless of the type, kind, form, mean, way in which it is provided. In addition, any past performance described is not a guarantee of or prediction of future performance. ONA Business does not take into account your personal objectives or financial situation. ONA Business makes no representation and assumes no liability as to the accuracy or completeness of the information provided, nor as to any loss arising from any action based on an assumed recommendation, forecast or other information supplied by any ONA Business officers and/or any other ONA Business personnel and/or employee. All expressions of opinion are subject to change without notice. Any opinions made may be personal to the individual itself and may not reflect the opinions of ONA Business. No communication whatsoever must be reproduced or further distributed without the prior permission of ONA Business.

2.17. In order for any communication between the Advertiser and ONA Business and/or ONA Business officers and/or any other ONA Business personnel and/or employee to be deemed as information provided by ONA Business as part of the Provision of ONA Business Services to the Advertiser, must be contacted through the authorised channels of ONA Business, through an email registered with ONA Business. Any information provided through any other means of communication must not in any way be considered as information provided by ONA Business officers and/or any other ONA Business personnel and/or employee as part of the Provision of ONA Business Services to the Advertiser and/or during the use of the Service. ONA Business and Advertiser both consider all such other means of communication as unauthorised channels of communication and agree that ONA Business shall bear no responsibility whatsoever for any information provided through them.

2.18. You may not transfer your account to anyone without explicit written permission of ONA Business and you may not use anyone else’s account or password at any time without the express permission and consent of the holder of that account. ONA Business cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.

2.19. ONA Business will monitor, track and report an agreed/approved/accepted Ad Campaign/Offer. ONA Business will furthermore report if and when errors have occurred in a Campaign in order to rectify such errors so that such Campaign can be carried out as agreed on. ONA Business will also, at its sole discretion, provide support and advice on a Campaign during the term of this Agreement.

2.20. ONA Business does not guarantee: (i) the placement, positioning or the timing of delivery of any Ad, or (ii) the number (if any) of any impressions, publications, conversions or clicks on any Ad on any ONA Business Network Property.

2.21. ONA Business reserves the right at any time to change the design of its Network, website, application, its Content, list of Services, modify or supplement the scripts, software and other objects used or stored on the Network/Program, any server applications at any time with or without prior notice. ONA Business has the right to send the Advertiser information about the development of the Network/Program and its Services, as well as to advertise its own activities and Services.

3. Placement of Ads


3.1. Advertiser shall submit Contents for all Ads types in accordance with such due date as may be set out in this Agreement or as otherwise is communicated by ONA Business.



3.2. Unless otherwise agreed in writing, the positioning of Ads on a ONA Business Network Property is at ONA Business sole discretion.



3.3. In any case the creatives of the Advertiser do not meet the criteria/requirements set by ONA Business in any way, ONA Business may at its own discretion and at any time cancel/ suspend/ stop/ terminate the Ad Campaign concerned and terminate the present Agreement and withhold any and all remuneration and/ or account balance of the Advertiser and claim damages.



3.4. Advertiser acknowledges and agrees that ONA Business may, at its own discretion, offer prelander creatives to its Affiliates. Such prelander creatives are subject to pre-approval by the Advertiser.



3.5. If Advertiser asks ONA Business for a modification of a campaign or any element of the campaign (including without limitation through an authorization for ONA Business to optimize campaigns generally), before an Offer is created and/or launched, ONA Business will be able to carry out such modification. If however an Offer is created and/or launched, any modification and/or posing and/or stop request may only be carried out by ONA Business within 48 hours upon such request.



If an Ad Campaign is finalised and/ or an Offer is approved by the Advertiser, then Advertiser will only have fourteen (14) days’ time limit to raise any possible issues in relation to the said Campaign/Offer. Upon the expiry of the fourteen (14) days’ time limit the Advertiser will not be able to argue on the said Campaign/ Offer for any probable reason and ONA Business will not be obligated to act in any way to solve such issue raised nor be responsible/ liable for taking no action at all.



3.6. The Parties must agree in writing on the KPIs and conversion details of an ad campaign before the said ad campaign is launched. If such KPIs and conversion details are not pre-defined accordingly, Advertiser automatically dismisses/ rejects any and all the rights may have in relation to any alleged and/ or later defined KPIs and conversion details, including the right to deny any and/or all payment.



3.7. ONA Business does not check/ control and Advertiser is solely responsible for all: (i) Contents generated by or for Advertiser; (ii) Links provided by the Advertiser; (iii) properties to which a Content directs users (including without limitation content on the domain or landing page reached by clicking on the Content URLs; and/ or (iv) Advertiser’s services. Advertiser has the sole responsibility/liability in relation to all such content, Links, properties, services. Advertiser understands and agrees that is the sole responsible person for the technical condition of the Links provided under this Agreement. Advertiser must immediately notify ONA Business in relation to any possible and/or actual non-operation of the Links, otherwise Advertiser will be fully responsible for any and all damages/harm/loss suffered by ONA Business and/or its affiliates in relation to such non-operational Links and ONA Business may terminate this Agreement and/or take any other possible legal action against the Advertiser accordingly.



3.8. By submitting Content on ONA Business Network, the Advertiser transfers to ONA Business the right to delete copies of such submitted Content in order to streamline and facilitate its storage and publication on the Network/ Platforms.



3.9. By submitting Content on ONA Business Network, the Advertiser automatically grants ONA Business a non-exclusive right to use it by copying, public performance, reproduction, processing, translation and distribution for the purposes of the Service or in connection with it, including for promotion/ publication purposes. For these purposes, ONA Business may make derivative works or insert the Advertiser’s Content as part of the relevant collections, perform other actions that serve to achieve these goals.

3.10. If the Advertiser deletes its Content from ONA Business Network, ONA Business has the right to keep archival copies of the Advertiser Content for an indefinite period.

4. Online Reports, Fees and Payment


4.1. All statistics for the purposes of billing and general delivery reporting are based on ONA Business’s reporting system. Use of the Service shall be carried out on a monthly basis. For the purpose of present Agreement, a calendar month shall be deemed as a reporting period (“Reporting Period”).

Rates are provided by the Advertiser and may be changed during the campaign launching by submitting a written request directly to his/its ONA Business account manager or [email protected].

4.2. Advertiser must at all times and by all means constantly monitor the quality of the traffic it receives through the Services offered by ONA Business and report to/ inform ONA Business, in writing, about any and all low traffic quality within 7 days since the receipt of such low quality traffic. Advertiser understands and agrees that all reported low quality traffic will be investigated by ONA Business and that only ONA Business at its own discretion will decide/ determine whether such traffic is indeed of low quality or not, upon sufficient proof.

4.3. Advertiser agrees to pay in full at least for: a) all non-reported low quality traffic, b) all low quality traffic reported after the passing of the 7 days’ time limit, c) all reported low quality traffic which according to the Publisher is not decided/determined/proved to be of low quality and d) all post back conversions.

4.4. In the event that Advertiser believes that there is a discrepancy in ONA Business’s reporting system (stats) for Reporting Period, Advertiser must provide ONA Business with a reasoned report of such discrepancy within three (3) calendar days from receipt of ONA Business’s server reports in relevant Reporting Period. Otherwise, ONA Business shall not be liable for such discrepancy, services shall be deemed rendered, and will calculate earnings on basis of its reporting system. If the parties are unable to reach an agreement regarding the discrepancy, then ONA Business reporting system shall prevail.

4.5. ONA Business provides the ability to perform payments by using payment service providers. Advertiser shall have the right to select any payment service provider available. You agree that ONA Business is not responsible for any actions applied by the payment service provider including but not limited to any additional transaction fees, banking commissions or currency fees applied to your transaction. All payments to ONA Business include the above-mentioned fees and commission, if applicable.

4.6. Advertiser is responsible for all applicable taxes associated with provided ad services, other than taxes based on ONA Business income. Advertiser shall indemnify ONA Business against all losses suffered or incurred by ONA Business arising out of or in connection with any payment made to ONA Business.

4.7. Advertiser shall set up all spending limitations and budget (fixed or unlimited) with ONA Business officer to run Ads Campaign. So Advertiser has to control spending of advertising budget and undertakes to inform ONA Business in written about further actions to optimize such campaign. You shall pay for Services on the base of the invoices, issued by ONA Business, by either prepayment or post payment.

4.8. Advertiser acknowledges and agrees that any credit card and related billing and payment information that Advertiser provides to ONA Business may be shared by ONA Business with companies who work on ONA Business’ behalf such as payment processors and/or credit agencies solely for the purpose of checking credit and/or effecting payment to ONA Business and serving customers account.

4.9. ONA Business shall not be liable for any use or disclosure of such information by such third Party.

4.10. Advertiser shall be responsible for any pricing, Bid, Ad Unit Values, Bidding Terms, Account configuration or category classifications errors or other errors (“Buyer Errors”) resulting in a completed transaction (Ad Unit served), and shall be liable for any payments due in connection with the completed transaction.

Advertiser acknowledges that:
4.11. ONA Business reserves the right to discontinue Service, withhold payment at any time and terminate present Agreement without liability to Advertiser in case of material breach of this Agreement by the Advertiser or its associates. Parties hereby agree that any form of fraudulent or illegal activity, or any violation of the applicable laws and regulations, or any activity specified in Section 8 of this Agreement shall be deemed a material breach of this Agreement.

4.12. ONA Business shall have the right to adjust your account balance in the case of (i) need of payment of bonuses, (ii) to deduct transaction fees, (iii) due to technical reasons, (v) due to fraudulent activity, (iv) upon additional agreement by the Parties.

5. Refund Policy


5.1. Refund could be applied only upon written request, containing reasons for your refund, directly to your ONA Business account manager or [email protected] in case Ad campaign cannot be launched due to reasons included but not limited to noncompliance of the advertising materials with the requirements of current legislation, unacceptable quality and/or content of the creative, other reasons deemed applicable by ONA Business’s officer.

5.2. Refund will be made in the amount of unused funds. Amount must be calculated based on ONA Business’s reporting system.

5.3. Refund shall be applied only to the actual payments made by the Advertiser to ONA Business. All funds credited to the account of the Advertiser within the frame of participation in bonus programs or similar actions of ONA Business are non-refundable in any case and subject to the terms and conditions of such programs.

5.4. A refund request will be considered legitimate ONLY if it has been sent from the email used for Advertiser’s Account registration.

5.5. Advertiser has six (6) months from the last payment date to ask for a refund of the balance remaining on the Advertiser Account if you have remained in compliance with this Agreement. After Advertiser makes a second deposit at Advertiser Account (itself or via manager), a refund will only be issued for a balance of more than $200 US Dollars and a processing fee of 10% will be deducted from such refund.

5.6. The refund may be credited back to the same payment method and same account that was used to make the payment.

5.7. The refund request will be processed within 5 business days from the date the request was received.

5.8. Refund is not acceptable in case the Advertiser breaches terms and conditions of present Agreement or other terms agreed by the parties.

6. Recurring Transaction


6.1. By filling Recurring Transaction Form and clicking the “I Agree” button you express full consent with these terms and conditions of recurring transactions and authorize ONA Business and payment service provider to automatically charge your credit card for recurring delivery of Services in agreed variable amount and variable date, stipulated in Recurring Transaction Form in your personal account.

6.2. You acknowledge and agree that confirmation notification of the recurring transaction will be provided within 2 business days via email specified in your personal account.

6.3. You certify that you are an authorized user of credit card, details provided in personal account of the Service, and that you will not dispute the scheduled payments with your credit card company provided the transactions correspond to the terms indicated in this Agreement.

6.4. You agree to pay for all services or other additional services you ordered through ONA Business Service, as well as for any additional expenses (if necessary), including, but not limited, all possible taxes, charges, etc.

6.5. You take full responsibility for timely payments for using the Service. Payment service provider only facilitates a payment for the amount indicated by ONA Business, and it is not responsible for paying by user of the Service the aforementioned additional funds/expenses.

6.6. After clicking the “Pay” button the transaction is irrevocably deemed to be processed and executed. After clicking the “Pay” button you agree that you will not be eligible to cancel the payment or request to cancel it. By placing the order on the Service, you confirm and state that you do not violate legislation of any country. Also, by accepting this Agreement, you, as cardholder, confirm that you are entitled to use Service offered by ONA Business.

6.7. By agreeing to use the Recurring Transaction Service, you understand and accept that processing of any of your payments are executed by the payment service provider, and there is no statutory right of revocation of already purchased services or any other opportunities to cancel the payment.

6.8. You acknowledge that this Recurring Transaction Service will remain in effect until you cancel it, and you agree to notify ONA Business of any changes in your personal account information or cease of this Recurring Transaction Service at least 7 days prior to the next billing date. If you wish to reject to use Recurring Transaction services for your next purchases of services or other facilities on the ONA Business Service, you can do that by using email notification provided in contact details.

6.9. When you pay for any of ONA Business services, you are primarily bound by this Agreement. Please note that only you, as the cardholder, are responsible for paying for all services you have ordered through ONA Business Service and for any additional expenses/fees that can be applied to this payment. Payment service provider acts only as the executor of the payment in the amount stated by ONA Business, and it is not responsible for pricing, total prices and/or total sums.

6.10. You acknowledge and agree that notification for following situations will be sent to you, using method of communication available, at least 7 business days prior: more than six month have elapsed since the last payment; or there are charges to the recurring transaction services including, but not limited to any change to the amount of the recurring transaction and/or any change to the date of the recurring transaction.

6.11. In case there is a situation when you do not agree with the aforementioned terms and conditions of Recurring Transactions and/or other reasons, we ask you not to proceed with the payment, and, if necessary, contact directly your ONA Business account manager or contact us [email protected].

7. Representations, Warranties and Covenants


7.1. You represent, warrant and covenant the following:


8. Fraudulent Activity


8.1. YOU SHALL NOT CHEAT, DEFRAUD OR MISLEAD US, OR ATTEMPT TO CHEAT, DEFRAUD OR MISLEAD US, IN ANY MANNER.

You are expressly prohibited from using any means, program, tools, devices or arrangements and/or the Services provided to commit fraud, violate any applicable law, interfere with other Advertisers/Affiliates or falsify information in connection with the Services or generating of remuneration or exceed your permitted access to ONA Business Service.

You are prohibited from any practice of disguising (cloaking) an Ads with different content or landing page and you are forbidden from using any preference/method resulting to the re-direction of the user to your landing page when such user has at least once previously chosen through a certain action to leave your page.

These prohibited activities include but not limited to: framing an ad-banner’s click-through destination, invisible iframe, auto-spawning of browsers, running “spiders”/”bots”, and automatic redirecting of users or any other technique of generating automatic or fraudulent click-through and/or impressions. Ads may not be placed on an automatically reloaded page. In any case ONA Business shall make all determinations about fraudulent activity in its sole discretion.

8.2. If Advertiser is suspected in any fraudulent activity ONA Business shall have the right to stop your participation in the Service and/or in all or any Offers, ban Your Advertiser Account, to withhold account balance and to take all necessary legal actions to restore the damage caused by this violation.

9. Limitation of Liability; Disclaimer of Warranty


9.1. IN NO EVENT SHALL ONA BUSINESS BE LIABLE FOR ANY DAMAGES OF ANY KIND AND EXPRESSLY DESCLAIMS ANY AND ALL RESPONSIBILITY IN RELATION TO ANY CLAIMS ARISING FROM AND/OR IN RELATION TO YOUR USE OF THE SERVICE, OPERATION OF A PROGRAM CREATIVE/ AD TECH/TOOL, ADS, CAMPAIGNS, CONTENTS, OFFER AND/OR OF YOUR ACCEPTANCE OF ANY OFFER AND/OR USE/LINK/PLACEMENT/DISPLAY OF ANY AD ON ANY MEDIA, AND/OR FROM OUR EFFORT AND/OR OUR ACTIONS INTENTING TO PROVIDE THE SERVICE, INCLUDING BUT NOT LIMITED TO BROKEN IMAGES, SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES, EVEN IF ONA BUSINESS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ONA BUSINESS IS ONLY OFFERING THE SEVICE, ONA BUSINESS IS ONLY AN INTERMEDIARY NETWORK FOR ADS CAMPAIGNS CONNECTING ADVERTISERS AND AFFILIATES THROUGH ITS SERVICE AND OFFERS. THE INFORMATION, OFFERS, ADS, CONTENT CAMPAIGNS AND OTHER ONA BUSINESS SERVICES ARE PROVIDED ON AN “AS IS” BASIS WITH NO WARRANTY. YOU USE THE SERVICE AND RUN PROGRAMS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY LAW, ONA BUSINESS DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE OPERATION OF THE SERVICE, THE INFORMATION, OFFERS, ADS AND CONTENT INCLUDED ON THE SERVICE AND PROVIDED BY ONA BUSINESS, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ONA BUSINESS DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ON THIS SERVICE, NETWORK OR ONA BUSINESS WEBSITE OR OTHER INFORMATION PROVIDED BY ONA BUSINESS IS ACCURATE, COMPLETE OR CURRENT NOR THAT THE SERVICE WILL BE UNINTERRUPTED, COMPLETELY SECURE AND/OR FREE OF SOFTWARE ERRORS.

ONA Business furthermore expressly disclaims any responsibility in relation to (i) any claims made in relation to Ads, campaigns or any Contents or (ii) any claims made in relation to the publication of any such Ads, Campaigns or Contents on any websites such as, including but not limited to, streaming sites, File Sharing Sites, and sites with adult content.

10. Indemnity


10.1. You hereby indemnify, and you must defend and hold ONA Business, its affiliates, subsidiaries, successors and assigns harmless from and against any and all claims, actions, allegations, judgments, liabilities, costs and expenses (including reasonable attorneys´ fees) which may be incurred by or to third parties arising out of or in connection with your: (a) improper use of the Service; (b) improper operation of a Program/Tool/Service; (c) Campaigns or execution of Offers; (d) breach or violation of any clause of this Agreement or other mutual agreement of its parties; (e) breach of any representation, warranty under this Agreement.

11. Assignment, Governing Law and Jurisdiction


11.1. ONA Business may assign this Agreement to a subsidiary or business successor. You may not assign this Agreement without the prior written consent of ONA Business, which shall not be unreasonably withheld.

11.2. This Agreement and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the law of the United Kingdom.

11.3. Each party irrevocably agrees, for the sole benefit of ONA Business that, subject as provided below, the courts of the United Kingdom shall have exclusive jurisdiction over any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with this Agreement or its subject matter or formation. Nothing in this clause shall limit the right of ONA Business to take proceedings against Advertiser in any other court of competent jurisdiction, nor shall the taking of proceedings in any one or more jurisdictions preclude the taking of proceedings in any other jurisdictions, whether concurrently or not, to the extent permitted by the law of such other jurisdiction.

12. Severability


12.1. If any provision of this Agreement is held to be invalid, illegal or unenforceable for any reason, such invalidity, illegality or unenforceability shall not affect any other provisions of this Agreement, and this Agreement shall be construed as if such invalid, illegal or unenforceable provision had not been contained herein.

12.2. Hereby we grant you a non-exclusive, non-transferable, revocable right to use ONA Business Service and to access our Network/Program and Service only in accordance with the terms and conditions of this Agreement.

12.3. You may not alter, modify, manipulate or create derivative works of ONA Business, ONA Business ‘ Network and Services, Offers, Ads, ad tech, graphics, creative, copy or other materials, program/tools owned by, or licensed to ONA Business in any way, penetrate the software in order to obtain program codes, sell, assign, lease, transfer to third parties in any other form of rights in respect of the software Services provided to you and other Advertisers and/or Affiliates under this Agreement, as well as modify the Services, including for the purpose of obtaining unauthorized access to them. We may revoke your license anytime by giving you a notice (including via email or in your personal account). Except as expressly stated herein, nothing in this Agreement is intended to grant you any rights to any of ONA Business trademarks, Service marks, copyrights, patents or trade secrets. You agree that we may use any suggestion, comment or recommendation you choose to provide to ONA Business without compensation. All rights not expressly granted in this Agreement are reserved by ONA Business.

12.4. Your use of the Service shall be governed by and subject to the laws and regulations regarding copyright ownership and terms of use of intellectual property. You represent, warrant and covenant that you do not upload, download, display, perform, transmit, or otherwise distribute any object in violation of any third party’s copyrights, trademarks, or other intellectual property rights. You represent, warrant and covenant that you abide by the laws regarding copyright ownership and use of intellectual property and you shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by you.

12.5. ALL THE PARTIES HEREBY AGREE THAT ONA BUSINESS DOES NOT HAVE ANY AUTHORITY OR ABILITY TO CONTROL ADS, AD CONTENT OF ADVERTISERS AND FOR THIS REASON, WE CANNOT BEAR ANY RESPONSIBILITY REGARDING BREACHING OF ANY THIRD PARTY’S INTELLECTUAL PROPERTY RIGHTS OR OTHER RIGHTS

13. Intellectual Property Rights


13.1. Hereby we grant you a non-exclusive, non-transferable, revocable right to use ONA Business Services and to access the Program and Network and Service only in accordance with the terms and conditions of this Agreement, and for the sole purpose of promoting your advertising campaigns.

13.2. You may not alter, modify, manipulate or create derivative works of ONA Business, ONA Business Network and Services, Offers, Ads, ad tech, graphics, creative, copy or other materials, program/tools owned by, or licensed to ONA Business in any way, penetrate the software in order to obtain program codes, sell, assign, lease, transfer to third parties in any other form of rights in respect of the software Services provided to you and other Advertisers and/or Affiliates under this Agreement, as well as modify the Services, including for the purpose of obtaining unauthorized access to them. We may revoke your license anytime by giving you a notice (including via email or in your personal account). Except as expressly stated herein, nothing in this Agreement is intended to grant you any rights to any of ONA Business trademarks, Service marks, copyrights, patents or trade secrets. You agree that we may use any suggestion, comment or recommendation you choose to provide to ONA Business without compensation. All rights not expressly granted in this Agreement are reserved by ONA Business.

13.3. Your use of the Service shall be governed by and subject to the laws and regulations regarding copyright ownership and terms of use of intellectual property. You represent, warrant and covenant that you do not upload, download, display, perform, transmit, or otherwise distribute any object in violation of any third party’s copyrights, trademarks, or other intellectual property rights. You represent, warrant and covenant that you abide by the laws regarding copyright ownership and use of intellectual property and you shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by you.

13.4. ALL THE PARTIES HEREBY AGREE THAT ONA BUSINESS DOES NOT HAVE ANY AUTHORITY OR ABILITY TO CONTROL ADS, CONTENT PROVIDED BY ADVERTISERS, LINKS, AND FOR THIS REASON, WE CANNOT BEAR ANY RESPONSIBILITY REGARDING BREACHING OF ANY THIRD PARTY’S INTELLECTUAL PROPERTY RIGHTS OR OTHER RIGHTS.

14. Cancellation, Suspension, Termination


14.1. This Agreement shall commence upon your acceptance and remain in effect until terminated.

ONA Business reserves the right, in its sole and absolute discretion, to remove/ cancel/ suspend/ stop/ terminate any Ad Campaign(s) and/or the Service(s) and/or Offer(s) and/or this Agreement at any time and for any reason.

ONA Business shall be entitled, with immediate effect, to stop Advertiser’s Campaign or to prematurely terminate this Agreement in writing where: (a) Advertiser uses the Service or Program in a manner that entails the perpetration of a crime; (b) Advertiser uses the Service or Program in a manner that occasions losses or the risk of loss for ONA Business or any third Party; (c) it may be reasonably assumed that Campaign violates governing law; (d) notwithstanding reminders, Advertiser fails to pay agreed fees or any other remuneration to ONA Business within a stated time; (e) Advertiser otherwise fails to comply with this Agreement and such breach of contract is material; or (f) Advertiser is placed into insolvent liquidation or is otherwise insolvent.

In this case, ONA Business shall have the right to block your account immediately and to withhold the remaining funds at your account as a fine.

Advertiser may cancel/ suspend/ stop/ terminate the ads campaign and terminate present Agreement only through ONA Business officer. Advertiser must notify its intention to cancel/ uspension/ stop/ termination takes place.

In any case of cancellation/ suspension/ stop/ termination of an Ad Campaign/Offer and/or of this Agreement, Advertiser must remit to the ONA Business all the revenue of ONA Business that accrued at the time of such cancellation/ suspension/ stop/ termination. Revenue of ONA Business shall be paid by the Advertiser within 3 days on receipt of invoice at payment details, specified in such invoice.

This Agreement shall terminate immediately upon the dissolution or insolvency of either Party, or the breach of this Agreement by you.

In any case of termination of your participation in one or more Offers or this Agreement for any reason, you will immediately cease all use of and delete all Offers, Ads and all ONA Business intellectual property, and will cease representing yourself as a ONA Business Advertiser for such one or more Offers.

14.2. This Agreement will be blocked when the Advertiser’s Account has not been in use for more than three (3) months.

You will receive a notification informing you that your account is blocked because of “Inactive account status”. After deactivation, you will have 90 calendar days to restore your account. To do so, you have to login to your account and follow the steps described there. If your account is not reactivated within 90 calendar days it will be deleted without option to restore it.

If your account balance is 0 EUR/USD, the system will automatically block your account, if otherwise do not agreed by the parties. If your account balance is above 0 EUR/USD, the remaining funds will be fully deducted from your account.

14.3. You acknowledge and agree that in case of your account been deleted at any reason it doesn’t mean that user data would be erased too.

15. Force Majeure


15.1. In any case of an emergency/unexpected event/incident/Act of God faced/suffered by the Advertiser, Advertiser must immediately notify ONA Business of the occurrence of such emergency/event/incident/Act of God, and ONA Business may, at its own discretion and at any time since receipt of the notification, cancel/ suspend/ stop/ terminate the ads campaign and to terminate present Agreement. If Advertiser fails to notify ONA Business immediately, Advertiser must compensate ONA Business for any and all damages suffered by ONA Business as a result.

16. Confidentiality


16.1. Each Party (a “Receiving Party“) understands that the other Party (a “Disclosing Party“) may disclose information of a confidential nature including, without limitation, product information, data, pricing, financial information, software, specifications, research and development and proprietary algorithms, stats and reports, personal data or other materials that is disclosed in a manner in which the Disclosing Party reasonably communicated, or the Receiving Party should reasonably have understood under the circumstances that the disclosure should be treated as confidential, whether or not the specific designation “confidential” or any similar designation is used (“Confidential Information“).

16.2. The Receiving Party agrees, for itself and its agents and employees, that it will not publish, disclose or otherwise divulge or use for its own purposes any Confidential Information of the Disclosing Party furnished to it by such Disclosing Party without the prior written approval of the Disclosing Party in each instance. Neither party will make any public announcement regarding the existence or content of the Agreement without the other’s prior written approval.

16.3. The Parties agree that if disclosure is made to their professional advisors, auditors or bankers this shall be done subject to each Party procuring each such recipient’s agreement to keep such information confidential to the same extent as if such recipient were Party to this agreement.

16.4. The foregoing obligations under this section 16 shall not extend to any information to the extent that the Receiving Party can demonstrate that such information (i) was at the time of disclosure or, to the extent that such information thereafter becomes through no fault of the Receiving Party, a part of the public domain by publication or otherwise; (ii) was already properly and lawfully in the Receiving Party’s possession at the time it was received by the Receiving Party free from any obligation of confidentiality, (iii) was or is lawfully received by the Receiving Party from a third Party who was under no obligation of confidentiality to the Disclosing Party with respect thereto, or (iv) is independently developed by the Receiving Party or its independent contractors who did not have access to the Disclosing Party’s Confidential Information or (vi) express written consent has been given prior to disclosure.

16.5. In the event that the Receiving Party is required to disclose Confidential Information in accordance with judicial or regulatory or governmental order or requirement, or any tax authority to which that Party is subject or submits, wherever situated, whether or not the requirement for information has the force of law the Receiving Party shall promptly notify the Disclosing Party in order to allow such Party to contest the order or requirement or seek confidential treatment for such information.

16.6. Upon termination or expiration of this Agreement, upon the request of a Disclosing Party, the Receiving Party agrees to return to the other all of such other Party’s Confidential Information, or to certify to the Disclosing Party in writing that all such material has been destroyed, however, destruction is only permitted after Disclosing Party’s prior approval.

17. Non-Solicitation



17.1. Advertiser hereby agrees not to contact websites in the ONA Business Network in order to purchase advertisement space from them or engage in practice that would be deemed competitive to the efforts of ONA Business in its attempts to represent the website’s advertising spaces. Violation of this clause shall be deemed a material breach of this Contract.

18. Miscellaneous


18.1. This Agreement contains the sole and entire agreement and understanding between the Parties relating to the subject matter herein, and merges all prior discussions, whether through officers, directors, salespersons, employees or consultants.

18.2. Present Agreement is the principal document in legal relationship of the Parties, and shall be deemed an entire agreement of the Parties. In case of contradictions in using Service or Program, present Agreement shall prevail in any case.

18.3. Each Party is an independent contractor and not a partner, joint venture or employee of the other. All notices shall be sent to the addresses submitted by you when signing up for the Service by certified mail, fax, email or courier.

18.4. The failure of a Party hereto at any time or times to require performance of any provision hereof shall in no manner affect its right at a later time to enforce the same. No waiver by a party of any condition or of any breach of any term, covenant or representation contained in this Agreement shall be effective unless in writing, and no waiver in any one or more instances shall be deemed to be a further or continuing waiver of any such condition or breach in other instances or a waiver of any other condition or breach of any other term, covenant or representation.

18.5. Advertiser understands and agrees that ONA Business may update/amend and/or change and/or terminate/stop any program/Service/Offer/Ad Campaign, in any way and for any reason at its own discretion, with a prior twenty four (24) hours’ notice to the Advertiser, except in cases which are considered as of emergency/urgency by ONA Business and subject to clause 14.1 hereof, where any and all such updates/amendments and/or changes and/or terminations/stops will take place immediately and at the same time a notice will be sent to the Advertiser via email or through his/her/its personal account.

18.6. ONA Business reserves the right to change any terms and conditions of this Agreement at any time, at its own discretion. You may refer to contract revisions in our website – https://onabusiness.co.uk/ and/or in your Advertiser account. The terms and conditions of present ONA Business Advertiser Agreement (as published on https://onabusiness.co.uk/terms (the “Terms”) bind the parties from the date signed or the date service is provided and shall apply to each and any services provided by ONA Business. This Agreement shall take precedence over any other terms and conditions issued or stated or referenced to apply relating to the services provided by ONA Business.

18.7. Representations and warranties of Advertiser set forth in this Agreement (in particular, Section 16) hereof shall survive closing for a period of one (1) year from the termination date.

18.8. No claim for a breach of any representation or warranty by ONA Business shall be actionable or payable if the breach in question results from or is based on a condition, state of facts or other matter which was disclosed to Advertiser and/or actually known by Advertiser prior to termination.

18.9. Advertiser acknowledges and agrees that entering into this Agreement it has not relied and is not relying on any representations, warranties or other statements whatsoever, whether written or oral other than those expressly set out in this Agreement, Privacy Policy or other terms and conditions published at https://onabusiness.co.uk/ and that it will not have any right or remedy rising out of any representation, warranty or other statement not expressly set out in this Agreement.

18.10. All claims related to the use of the Service or Program shall be submitted by the Advertiser within 30 days from the end of the Reporting Period only. In the case of missing the specified term, ONA Business reserves the right not to process the complaint, and all the services shall be deemed rendered properly.

18.11. Headings to sections and subsections in this Agreement are for the convenience of the parties only and are not intended to be a part of or affect the meaning or interpretation hereof.

18.12. You agree on using of any communication method (email message/SMS message/phone) with contact details provided in your personal account.

This agreement was last updated on 13.06.2022

This website and services provided herein managed by:

The company responsible for serving Managed service clients and other campaign management:

ONA Business Services LTD
Company registration number: 13792552
Unit 111494, Second Floor, 6 Market
Place, London, Fitzrovia, United
Kingdom, W1W 8AF



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