Thanks for your interest in our advertising technology services (the Services)!
By using our Services, you agree to these terms (the Relābe Terms) and the Relābe Program Policies. (collectively, the Agreement). If ever in conflict, to the extent of such conflict, the Relābe Terms will take precedence over any other terms of the Agreement. Please read the Agreement carefully.
As used in the Agreement, you or publisher means the individual or entity using the Services (and/or any individual, entity or successor entity, agency or network acting on your behalf), we, us or "Relābe" means Relābe, LLC., and the parties means you and Relābe. Property refers to websites.
Your use of the Services is subject to your creation and our approval of a Relābe account (an Account). We have the right to refuse or limit your access to the Services. By submitting an application to use the Services, if you are an individual, you represent that you are at least 18 years of age. You may only have one Account.
Relābe may refuse to provide the Services to any Property. Any Property that is a software application and accesses our Services (a) may require preapproval by Relābe in writing, and (b) must comply with Relābe's Software Principles.
You may use our Services only as permitted by this Agreement and any applicable laws. Don't misuse our Services. For example, don't interfere with our Services or try to access them using a method other than the interface and the instructions that we provide. You may discontinue your use of any Service at any time by removing the relevant code from your Properties.
We are constantly changing and improving our Services. We may add or remove functionalities or features of the Services at any time, and we may suspend or stop a Service altogether.
We may modify the Agreement at any time. We'll post any modifications to the Relābe Terms on this page and any modifications to the Relābe Program Policies or the Relābe Branding Guidelines on their respective pages. Changes will not apply retroactively and generally will become effective 14 days after they are posted. However, changes addressing new functions for a Service or changes made for legal reasons will be effective immediately. If you don't agree to any modified terms in the Agreement, you'll have to stop using the affected Services.
Subject to this Section 5 and Section 10 of these Relābe Terms, you will receive a payment related to the number of valid clicks on Ads displayed on your Properties, the number of valid impressions of Ads displayed on your Properties, or other valid events performed in connection with the display of Ads on your Properties, in each case as determined by Relābe.
Sellers must have a minimum balance of $100 in their account at the end of a given month to receive payment from Relābe. Account balances under $100 will roll-over to the following month.
Except in the event of termination, we will pay you within 60 days following any calendar month in which the earned balance in your Account equals or exceeds the applicable payment threshold.
Unless expressly authorized in writing by Relābe, you may not enter into any type of arrangement with a third party where that third party receives payments made to you under the Agreement or other financial benefit in relation to the Services.
In addition to our other rights and remedies, we may (a) withhold and offset any payments owed to you under the Agreement against any fees you owe us under the Agreement or any other agreement, or (b) require you to refund us within 30 days of any invoice, any amounts we may have overpaid to you in prior periods. If you dispute any payment made or withheld relating to the Services, you must notify Relābe in writing within 30 days of any such payment. If you do not, any claim relating to the disputed payment is waived. Relābe will settle all technology fees and/or licenses required and related to ad serving on the publisher’s behalf. If an advertiser whose Ads are displayed on any Property defaults on payment to Relābe, we may withhold payment or charge back your account. To ensure proper payment, you are responsible for providing and maintaining accurate contact and payment information in your Account. You are responsible for any charges assessed by your bank or payment provider.
As between you and Relābe, Relābe is responsible for all taxes (if any) associated with the transactions between Relābe and advertisers in connection with Ads displayed on the Properties. You are responsible for all taxes (if any) associated with the Services, other than taxes based on Relābe's net income. All payments to you from Relābe in relation to the Services will be treated as inclusive of tax (if applicable) and will not be adjusted.
Other than as set out expressly in the Agreement, neither party will acquire any right, title or interest in any intellectual property rights belonging to the other party or to the other party's licensors.
If Relābe provides you with software in connection with the Services, we grant you a non-exclusive, non-sublicensable license for use of such software. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by Relābe, in the manner permitted by the Agreement. You may not copy, modify, distribute, sell, or lease any part of our Services or included software, nor may you reverse engineer or attempt to extract the source code of that software, unless laws prohibit those restrictions or you have our written permission. You will not remove, obscure, or alter Relābe's copyright notice, Brand Features, or other proprietary rights notices affixed to or contained within any Relābe services, software, or documentation.
We grant you a non-exclusive, non-sublicensable license to use Relābe's trade names, trademarks, service marks, logos, domain names, and other distinctive brand features (Brand Features) solely in connection with your use of the Services and in accordance with the Agreement and the Relābe Branding Guidelines. We may revoke this license at any time. Any goodwill arising from your use of Relābe's Brand Features will belong to .
We may include your name and Brand Features in our presentations, marketing materials, customer lists and financial reports.
For Relābe product used on any site under your control the following duties apply for end users in the European Economic Area.
You must obtain end users' legally valid consent to:
When seeking consent you must:
You must clearly identify each party that may collect, receive, or use end users' personal data as a consequence of your use of a Relābe product. You must also provide end users with prominent and easily accessible information about that party's use of end users' personal data.
You agree not to disclose Relābe Confidential Information without our prior written consent. "Relābe Confidential Information" includes: (a) all Relābe software, technology and documentation relating to the Services; (b) click-through rates or other statistics relating to Property performance as pertaining to the Services; (c) the existence of, and information about, beta features in a Service; and (d) any other information made available by Relābe that is marked confidential or would normally be considered confidential under the circumstances in which it is presented. Relābe Confidential Information does not include information that you already knew prior to your use of the Services, that becomes public through no fault of yours, that was independently developed by you, or that was lawfully given to you by a third party. Notwithstanding this Section 9, you may accurately disclose the amount of Relābe's gross payments resulting from your use of the Services.
You may terminate the Agreement at any time by completing the account cancellation process. The Agreement will be considered terminated within 10 business days of Relābe's receipt of your notice. If you terminate the Agreement and your earned balance equals or exceeds the applicable threshold, we will pay you your earned balance within approximately 60 days after the end of the calendar month in which the Agreement is terminated. Any earned balance below the applicable threshold will remain unpaid.
Relābe may at any time terminate the Agreement, or suspend or terminate the participation of any Property in the Services for any reason. If we terminate the Agreement due to your breach or due to invalid activity, we may withhold unpaid amounts or charge back your account. If the account is terminated due to your breach or due to invalid activity, advertisers will not be billed for the last pay period or for the last 60 days, whichever is greater. If the account is terminated any unpaid amounts still deemed payable will be paid within 90 days following any calendar month in which they were earned. If you breach the Agreement or Relābe suspends or terminates your Account, you (i) will not be allowed to create a new Account, and (ii) may not be permitted to monetize content on other Relābe products.
You agree to indemnify and defend Relābe, its affiliates, agents, and advertisers from and against any and all third-party claims and liabilities arising out of or related to the Properties, including any content served on the Properties that is not provided by Relābe, your use of the Services, or your breach of any term of the Agreement. Relābe's advertisers are third-party beneficiaries of this indemnity.
You represent and warrant that (i) you have full power and authority to enter into the Agreement; (ii) you are the owner of, or are legally authorized to act on behalf of the owner of, each Property; (iii) you are the technical and editorial decision maker in relation to each Property on which the Services are implemented and that you have control over the way in which the Services are implemented on each Property; (iv) Relābe has never previously terminated or otherwise disabled a Relābe account created by you due to your breach of the Agreement or due to invalid activity; (v) entering into or performing under the Agreement will not violate any agreement you have with a third party or any third-party rights; and (vi) all of the information provided by you to Relābe is correct and current.
OTHER THAN AS EXPRESSLY SET OUT IN THE AGREEMENT, WE DO NOT MAKE ANY PROMISES ABOUT THE SERVICES. FOR EXAMPLE, WE DON'T MAKE ANY COMMITMENTS ABOUT THE CONTENT WITHIN THE SERVICES, THE SPECIFIC FUNCTION OF THE SERVICES, OR THEIR PROFITABILITY, RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS. WE PROVIDE EACH SERVICE AS IS.
TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL WARRANTIES, EXPRESS, STATUTORY OR IMPLIED. WE EXPRESSLY DISCLAIM THE WARRANTIES OR CONDITIONS OF NONINFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE.
TO THE EXTENT PERMITTED BY LAW, EXCEPT FOR ANY INDEMNIFICATION OBLIGATIONS HEREUNDER OR YOUR BREACH OF ANY INTELLECTUAL PROPERTY RIGHTS, CONFIDENTIALITY OBLIGATIONS AND/OR PROPRIETARY INTERESTS RELATING TO THE AGREEMENT, (i) IN NO EVENT SHALL EITHER PARTY BE LIABLE UNDER THE AGREEMENT FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, EXEMPLARY, OR PUNITIVE DAMAGES WHETHER IN CONTRACT, TORT OR ANY OTHER THEORY, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY, AND (ii) EACH PARTY'S AGGREGATE LIABILITY UNDER THE AGREEMENT IS LIMITED TO THE NET AMOUNT RECEIVED AND RETAINED BY THAT PARTICULAR PARTY IN CONNECTION WITH THIS AGREEMENT DURING THE THREE MONTH PERIOD IMMEDIATELY PRECEDING THE DATE OF THE CLAIM. Each party acknowledges that the other party has entered into the Agreement relying on the limitations of liability stated herein and that those limitations are an essential basis of the bargain between the parties.
The Agreement is our entire agreement relating to your use of the Services and supersedes any prior or contemporaneous agreements on that subject. This Agreement may be amended (i) in a writing signed by both parties that expressly states that it is amending the Agreement, or (ii) as set forth in Section 4, if you keep using the Services after Relābe modifies the Agreement. Assignment. You may not assign or transfer any of your rights under the Agreement.
The parties are independent contractors and the Agreement does not create an agency, partnership, or joint venture.
Other than as set forth in Section 11, this Agreement does not create any third-party beneficiary rights. No Waiver. Other than as set forth in Section 5, the failure of either party to enforce any provision of the Agreement will not constitute a waiver.
If it turns out that a particular term of the Agreement is not enforceable, the balance of the Agreement will remain in full force and effect.
Sections 7, 9, 10, 11, 13, and 14 of these Relābe Terms will survive termination.
All claims arising out of or relating to this Agreement or the Services will be governed by Nevada law. Force Majeure. Neither party will be liable for inadequate performance to the extent caused by a condition (for example, natural disaster, act of war or terrorism, riot, labor condition, governmental action, and Internet disturbance) that was beyond the party's reasonable control.
In connection with your use of the Services, we may contact you regarding service announcements, administrative messages, and other information. You may opt out of some of those communications in your Account settings.
The parties agree that any dispute arising from this Agreement shall be submitted to binding arbitration to resolve. Such arbitration shall be held in Las Vegas, Nevada in accordance with the commercial rules of the American Arbitration Association (AAA). All disputes shall be before a panel of three arbitrators, chosen by the AAA, who have at least ten years' experience in commercial litigation in the software industry.
WHERE PERMITTED UNDER THE APPLICABLE LAW, YOU AND Relābe AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION. Unless both you and Relābe agree, no arbitrator or judge may consolidate more than one person's claims or otherwise preside over any form of a representative or class proceeding.
Websites or other properties that display the provided ads must not contain any of the following:
Sellers are prohibited from displaying ads on websites and other properties that do any of the following: (i) change user preferences or initiate downloads without the user's express consent, (ii) redirect users to unwanted websites, or (iii) contain pop-ups or pop-unders or any other elements that interfere with site navigation.
Traffic Sources. Sellers may not provide inventory to Relābe that do the following:
Sellers are required to adhere to general webmaster quality expectations including but not limited to:
Prior to making any support request to Relābe, Sellers will first use reasonable efforts to fix any error, bug, malfunction, or network connectivity defect without any escalation to Relābe. Thereafter, a written request for technical support can be submitted.
Last Updated on 2019/Oct/1