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Welcome to MegaPush!

The current Terms of Use are considered to be a legally binding contract. It is highly recommended for You to read our Terms of Use and Privacy Policy before joining our advertising network. Please take into account that we may modify this Agreement for any reason at any time, by posting a new version on our Website; the changes will not affect the rights and obligations that rose prior to such changes. Please review this Agreement periodically to catch up with the modifications. If You object to any provision or any modification of this Agreement or somehow become dissatisfied with our Website, your only recourse is to immediately terminate use of our Website.

Terms of Use

General provisions

  • 1.1
    MegaPush advertising network offers Advertisers its Services under the conditions set forth in the current Terms of Use (hereinafter - Agreement). The present Agreement enters into force as soon as the Advertisers express their acceptance by registering in our portal and joining us.
  • 1.2
    Advertiser - any individual/legal entity, registered on www.megapu.sh, who has attained the age of capacity (legal age) and/or by virtue of his/her age has the right to enter into legally enforceable contracts/ agreements in accordance with the legislation of the country of which he/she is a national or citizen.
  • 1.3
    Subscriber – any individual, who browses and makes use of any Advertising material.
  • 1.4
    Advertising – material(s) provided by an Advertiser, regarding the advertised object(s) and its (their) respective information.
  • 1.5
    Traffic – a certain number of Subscribers to whom the Advertisement materials are displayed.
  • 1.6
    Software - the online portal provided with MegaPush, where all activities take place.
  • 1.7
    Service – a software-hardware complex that provides an advertising platform, where the Advertiser’s materials are posted, and makes them available to the Subscribers.
  • 1.8
    Terms of MegaPush – before using the network, the Advertiser is obliged to get acquainted with the terms of the current Agreement and the Privacy Policy. Having passed the registration procedure, the Advertiser User is considered to have fully agreed to the terms of the Agreement and the Privacy Policy, without any reservations or exceptions.
  • 1.9
    Use of MegaPush software by Advertiser or Subscriber is a sufficient acknowledgment that they have read, agreed and understood the present Agreement and the Privacy Policy.
  • 1.10
    The use of MegaPush is governed by the current Agreement and the Privacy Policy.The Agreement and The Privacy Policy may be amended by MegaPush. A special notice may be sent to You only in case of material changes. The modified Agreement is effective immediately upon posting on the Internet at the address specified in this paragraph, unless stated otherwise in the new Agreement.

Right and Obligations of the Parties

MegaPush provides the Advertiser with Services, through which the Advertiser displays the Advertiser Material to the Subsrcibers.

  • 2.1
    MegaPush is obliged to:
    • 2.1.1
      Ensure the complete fulfillment of all of its obligations towards Advertisers in accordance with the terms and conditions stipulated in the current Agreement and in the Privacy Policy, as soon as the provisions of the current Agreement are accepted. It is possible, that MegaPush might fail to carry out its direct and indirect responsibilities because of unexpected, extraordinary, and force majeure circumstances.
    • 2.1.2
      Provide the Advertiser with an account for posting and editing advertising materials, and protect it.
  • 2.2
    MegaPush has the right to:
    • 2.2.1
      Carry out unilateral modifications in the current Agreement regarding all its provisions, including, but not limited to the price and the volume of the services, provided by MegaPush, publishing those amendments on the website of the company.
    • 2.2.2
      Block/delete any account of any Advertiser, created on the Service, which violates or is in contravention of the terms of the current Agreement and/or the Privacy Policy.
    • 2.2.3
      Reject any material on its sole discretion if such ads violate applicable laws, the current Agreement or the Privacy Policy or the rights of third party.
    • 2.2.4
      In case of deleting any account MegaPush will send a special notice, with the highlight of the reasons, 24 hours before the act.
  • 2.3
    The Advertiser is obliged to:
    • 2.3.1
      Study the current Agreement and Privacy Policy before accepting their terms.
    • 2.3.2
      Bear full responsibility for the material posted on Advertiser’s account provided by MegaPush, in accordance with the rules and conditions of the current Agreement and the Privacy Policy.
    • 2.3.3
      Provide complete and valid information about themselves.
    • 2.3.4
      Do not violate the rules provided by the current Agreement and Privacy Policy.
    • 2.3.5
      Acknowledge that no one is responsible for the material provided but him. The Advertiser bears sole responsibility towards MegaPush and Subscriber s for any false information provided.
    • 2.3.6
      Check the current Agreement and the Privacy Policy regularly.
  • 2.4
    Advertiser grants to MegaPush a non-exclusive, royalty free, worldwide license to use all associated Advertiser intellectual property in connection therewith.

Registration

  • 3.1
    In order to join us and become an Advertiser and use or Services you must register and create an account on our Website.
  • 3.2
    Advertiser is obliged to provide accurate and complete information about themselves during registration process.
  • 3.3
    Advertiser is obliged not to impersonate another person or entity and not to hide their identity from MegaPush for any reason whatsoever.
  • 3.4
    When you open an Account, MegaPush may ask that you provide certain documents to identify yourself and to verify the information you have submitted to us upon registration, such as identification card or a passport, a bank statement or any document proving their identity issued by a governmental body. MegaPush reserves the right to refuse or reject a registration, at our own discretion.

Advertising

  • 4.1
    The Advertiser is obliged to strictly obey to the rules published in here throughout their cooperation with us.
  • 4.2
    Advertiser is responsible for ensuring that any Advertising material does not feature any Inappropriate Content.
  • 4.3
    Advertising material should not contain illicit or illegal content, including the following:
    • 4.3.1
      Images and texts, used to create an advertising campaign, must fully comply with the advertising material and reality.
    • 4.3.2
      Images and texts, used in advertisement, should not contain political, religious, sexual or any such materials.
    • 4.3.3
      It is categorically forbidden to use images or texts with shocking content or intimidating tactics.
    • 4.3.4
      It is prohibited to use profanity/curse words in the image, title and/or in the message of the campaign.
  • 4.4
    It is forbidden to use images and texts of an excessively sexual nature, draw one’s attention to the naked body parts, using close-up shots. The images and text materials of an erotic (pornographic) nature are absolutely forbidden;
    • 4.4.1
      It is strictly prohibited to use adult (18+) content in any form (images, texts, landings, pre-landings).
    • 4.4.2
      A threefold violation of this rule will lead to account nullifying and blocking.
  • 4.5
    It is forbidden to use materials, containing elements and/or propaganda of violence, harassment of an individual or a group of individuals, as well as materials instigating victimization or intimidation.
  • 4.6
    It is forbidden to use materials, advocating enmity, hatred, as well as discriminatory or disparaging attitude towards an individual or a group of individuals based on racial, national, religious and sex differences, and marital status.
  • 4.7
    It is forbidden to use materials containing description and/or propaganda of consumption of narcotic drugs and anything related to that topic are inadmissible.
  • 4.8
    It is forbidden to use materials, related to the advertisement or sale of ammunition and/or weapons, such as combat knives, firearms and their components, explosive mechanisms and/or explosive materials and their components.
  • 4.9
    It is forbidden to use official logos of international companies.
  • 4.10
    It is forbidden to create exactly the same campaigns. Campaigns are not considered as the same if they differ by:
    • 4.10.1
      Mobile traffic - an icon and a title, a title and a message, an icon and a message.
    • 4.10.2
      Desktop traffic – a picture and a title, a title and a message, a picture and a message.

    Take into account that Campaigns should have at least 50% difference.

  • 4.11
    It is forbidden to exchange accounts in the MegaPush system. Any account exchange: sale, transfer, gift, is forbidden. Accounts that violate this rule, will be blocked instantly. The balance will not be returned.
  • 4.12
    It is not allowed to advertise following offers through our service:
    • 4.12.1
      The questionnaire – Landing pages reporting false prize or cash winnings, the purpose of which is to fraudulently receive money from the Subscribers.
    • 4.12.2
      Desktop traffic – a picture and a title, a title and a message, a picture and a message.

    The accounts that will break this rule will be blocked immediately. The balance will not be returned.

  • 4.13
    It is absolutely forbidden to advertise websites with multiple opt-in forms aimed to collect push subscriptions. Those accounts that violate this rule, will be blocked instantly.
  • 4.14
    All the threatening or alarming texts, creatives and landing pages, as well as malicious software, virus programs, phishing offers, and “tech support” landings intended to damage and/or disable the system (the device) or simply mislead people, are forbidden.
  • 4.15
    Advertisements should not contain such words as “virus”, “threat”, "danger", or any analogical ones. Yet, advertisements about system-protection, antivirus offers, texts and creatives offering to check or ascertain the accuracy, quality, or satisfactory condition of the device (system, browser), are allowed.
  • 4.16
    It is forbidden to use contact information and e-mail containing insulting words of all kinds. These accounts will be instantly blocked. The balance will not be returned.
  • 4.17
    Insult and profanity towards technical support staff, employees of the company and/or management, and also any breach of these rules will lead to account blocking. The balance will not be returned.

Prohibited Use

You may use the Website only for lawful purposes and in accordance with these Agreement.
You agree not to use the Website:

  • 5.1
    In any way that violates any applicable law;
  • 5.2
    For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise;
  • 5.3
    To share ads that contain deceptive, false, or misleading claims like those related to the effectiveness or characteristics of a product or service.
  • 5.4
    To impersonate or attempt to impersonate the Company, a Company employee, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing);
  • 5.5
    To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website or expose them to liability.
    Additionally You agree not to:
  • 5.6
    Use the Website in any manner that could disable, overburden, damage, or impair the Website or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website;
  • 5.7
    Use any robot, spider or other automatic device, process or means to access the Website for any purpose, including monitoring or copying any of the material on the Website;
  • 5.8
    Use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent;
  • 5.9
    Use any device, software or routine that interferes with the proper working of the Website;
  • 5.10
    Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful;
  • 5.11
    Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website;
  • 5.12
    Attack the Website via a denial-of-service attack or a distributed denial-of-service attack;
  • 5.13
    Otherwise attempt to interfere with the proper working of the Website.

Payments

  • 6.1
    The Advertiser shall pay the charges calculated by the CPC (Cost per Click) pricing model, which shall be referred to as a “Charge Event”.
  • 6.2
    Advertiser shall also set the price for the Advertising Material (“The Price”). The Charge shall be calculated having regard to the applicable Charge Event and the Price.
  • 6.3
    By accepting the present terms you agree to pay the relevant Charges. You acknowledge that the payment obligations hereunder are based solely on the number of clicks, as determined by MegaPush, and not on your ability to convert clicks to sales or any other criteria. You shall be able to view the number of clicks via your Dashboard.
  • 6.4
    We require your minimum amount of replenishment to be 100 USD.
  • 6.5
    We require the minimum balance for wire transfers to be 1000 USD.
  • 6.6
    We accept the following types of payments: BTC, ePayments, WebMoney, Capitalist, PayPal, Interkassa.
  • 6.7
    In case of using Paypal, the comission must be covered by the Advertiser.
  • 6.8
    We accept only prepay basis.
  • 6.9
    Payment relations between the Parties are based on the Insertion Orders , where they can add more provisions
  • 6.10
    The failure by Advertiser to make timely payment shall constitute material breach. Advertiser is responsible for all reasonable expenses (including, but not limited to, attorneys ‘fees and costs) incurred by MegaPush in collecting such amounts due plus interest.
  • 6.11
    You are solely responsible for determining whether any action or transaction contemplated by these Terms or related to the Services will give rise to any tax implications on your part.

Representation and Warranties

  • 7.1
    Each Party represent and warrants to the other Party that:
    • 7.1.1
      It has the full corporate right, power and authority to enter into the Agreement to grant the licenses granted hereunder and to perform the acts required of it hereunder;
    • 7.1.2
      The execution of the Agreement by it and performance of its obligations and duties hereunder , do not and will not violate any agreement to which it is a Party or by which it is otherwise bound;
    • 7.1.3
      When executed and delivered, the Agreement will constitute the legal, valid and binding obligation of each party, enforceable against each Party in accordance with its terms.
  • 7.2
    By becoming an Advertiser and/or by using the Services, you hereby agree, represent and warrant that:
    • 7.2.1
      You have read understood and accept these Terms;
    • 7.2.2
      If You are an individual, you have sufficient legal capacity (in your jurisdiction) to accept these Terms and to enter into a binding agreement with MegaPush on the terms set out herein;
    • 7.2.3
      If You are a commercial entity, you declare that you have the required authority to bind that entity to the present Agreement.
    • 7.2.4
      you are the owner or are licensed to use the Advertising Materials;
    • 7.2.5
      you will comply with any applicable tax obligations in your jurisdiction arising from your use of the Services;
    • 7.2.6
      you will monitor all and any changes to your Account and take all steps to maintain and ensure the confidentiality of your Account’s credentials, including, but not limited to passwords, emails and/or usernames;
    • 7.2.7
      you will immediately inform of any unauthorized use of your Account or password, or any other breach of security by email addressed to [email protected]
    • 7.2.8
      you are responsible for any and all damages caused, and all liability actions brought against MegaPush for any breach infringement of these Terms or of any third-party rights or violation of any Applicable Laws;
    • 7.2.9
      nothing in these Terms excludes or limits the liability of the Advertiser for fraud caused by their negligence, breach of the Terms implied by operation of law or any other liability which may not be limited or excluded by law;
    • 7.2.10
      you will provide MegaPush with correct and relevant documents and personal information upon request. In case you provide counterfeit documents and false personal information, such behavior will be interpreted as a fraudulent activity;
    • 7.2.11
      you are responsible for implementing all reasonable and appropriate measures for maintaining the confidentiality and security of your Account name, user ID, passwords, personal identification and mobile unlock codes that you use to access the Platform.
  • 7.3
    In case of complaints and claims from authors, right holders and other third-parties regarding the violation of the use of copyright and related rights that spread at the Advertiser material, the Advertiser who posted such material undertakes to resolve such issues independently and their own expense.
  • 7.4
    In the event of any breach, or reasonably anticipated breach, of any of Advertiser’s warranties herein, in addition to any other remedies available at law or in equity, MegaPush will have the right to immediately, in MegaPush’s sole discretion, suspend Advertiser's access to and use of the Software or Services if deemed reasonably necessary by MegaPush to prevent any liability for MegaPush.

Limitation of Liability

  • 8.1
    The Parties hereto are independent contractors and no agency, joint venture, partnership, employer-employee, or franchise-franchisee relationship is intended or created by this Agreement.
  • 8.2
    You agree that your use of the MegaPush Services is at your sole and exclusive risk. The MegaPush Services is provided "as-is" and without any warranty or condition, express, implied or statutory, including but not limited to implied warranties of satisfactory conditions of the Service, fitness for a particular purposes and non-infringement.
  • 8.3
    We do not guarantee the safety or security of the Service.
  • 8.4
    We do not guarantee that the Service provided will always function free of disruptions, delays or malfunctions.
  • 8.5
    We do not bear responsibility for certain actions, content, information or third-party data.
  • 8.6
    Advertisers release us, our directors, employees, officials and agents of all kinds of claims and material damage, which may arise out of any claim, you have against such third-parties, and/or are simply related to that claim.
  • 8.7
    MegaPush will not be liable for any partnership losses of profit or any other indirect, incidental, specific damages, as well as consequential damages, which may arise as a result of the current statement or of the activities of MegaPush, or as a direct response to them, even in the case of our awareness of the possibility of such damages/losses.
  • 8.8
    MegaPush is not responsible for financial or any other damage caused by the Advertiser and/or the Subscriber as a result of occurrence of force-majeure circumstances.
  • 8.9
    MegaPush is not responsible for financial or any other damage caused by the Advertiser, resulting, directly or indirectly, from the use of the Advertiser Material and/or the Services, provided by the company. The Service does not scan files for computer viruses and other software, capable of damaging the Advertiser's and/or the Subscriber’s computer, and is not responsible for receiving such files from the sources provided by the Service.
  • 8.10
    MegaPush is not responsible for blocking and malfunctioning/failures of Advertising materials and Advertising platform.
  • 8.11
    The Service bears no responsibility for the content and quality of Advertiser material, as well as the accuracy of the information of the advertising materials, posted through the Service and does not guarantee that the provided content will meet the expectations of the Subscriber. The service is also not responsible for display of adult orientated traffic and/or shocking advertisements by Advertisers on websites which do not fall into that category, as well as for redirect or alteration of the ad content.
  • 8.12
    MegaPush cannot be considered responsible in case of theft and/or loss of Advertiser’s personal data.
  • 8.13
    Megapush bears no responsibility for the quality of the Advertiser Materials and their compliance with all the Advertising rules published in the current Agreement.
  • 8.14
    In case of evidences of violations of the Terms and Conditions of the current Agreement, or the Privacy Policy the Advertiser's liability will be at the discretion of MegaPush Service Administration. The following actions may take place:
    • 8.14.1
      A warning letter sent to the Advertiser's e-mail address;
    • 8.14.2
      Fine/Penalty;
    • 8.14.3
      Blocking of Advertiser’s account, reset of Advertiser’s statistical data, with further removal of their account.
    • 8.14.4
      Transfer of information about Advertiser to law enforcement agencies.

Intellectual Property Rights

  • 9.1
    MegaPush will grant the Advertiser an unlimited, non-exclusive, fully transferable, sub-licensable, worldwide, royalty -free, fully paid up right and license to use the Platform.
  • 9.2
    Except as expressly set out in these Terms, you are not entitled, for any purpose, to any MegaPush IP Rights. We shall at all times retain ownership, including all rights, title and interests in and to the MegaPush IP Rights and you understand and accept that by using the Services pursuant to these Terms you shall not:
    • 9.2.1
      Acquire or otherwise be entitled to any MegaPush IP rights;
    • 9.2.2
      Make a claim in respect of any MegaPush IP rights or any other equivalent rights;or
    • 9.2.3
      Use, attempt to use, copy, imitate or modify (whether in whole or in part) any MegaPush IP rights, except with our prior written consent.

Confidential Information

  • 10.1
    Any confidential information and/or proprietary data provided by one party ("Discloser") to the other party ("Recipient"), including the Ad descriptions and the pricing of the Ad, shall be deemed "Confidential Information" of the Discloser. Confidential Information shall not be released by the Recipient to anyone except an employee or agent that has a need to know same and that is bound by confidentiality obligations at least as strict as those contained herein, but in no event less than a reasonable confidentiality standard. Recipient shall not use any portion of Confidential Information provided by the Discloser for any purpose other than those provided for under the Agreement. Notwithstanding anything contained herein to the contrary, the term "Confidential Information" shall not include information that:
    • 10.1.1
      Was previously known to the Recipient;
    • 10.1.2
      Was or becomes generally available to the public through no fault of the Recipient;
    • 10.1.3
      Was rightfully in Recipient’s possession free of any obligation of confidence at, or subsequent to the time it was communicated to Recipient by Discloser; or
    • 10.1.4
      Was developed by employees or agents of Recipient independently of and without reference to any information communicated to the Recipient by Discloser.
  • 10.2
    Notwithstanding the foregoing, either party may disclose, upon written notice to the other party, Confidential Information in response to a valid order by a court or other governmental body, as otherwise required by law or the rules of any applicable securities exchange or as necessary to establish the rights of either party under the Agreement; provided, however, that both parties will stipulate to any orders necessary to protect said information from public disclosure.
  • 10.3
    Upon non-renewal or earlier termination of this Agreement, each Party shall promptly, but in no event more than 30 (thirty) days thereafter, return to the other Party all Confidential Information of such Party which is in tangible form, or certify in writing that all such Confidential Information has been destroyed. MegaPush acknowledges and agrees that all Account Data shall be erased from the Software within thirty (30) days of non-renewal or earlier termination.
  • 10.4
    Both Parties agree that the obligations of each Party provided in this Section are necessary and reasonable in order to protect each Party and its business, and each Party expressly agrees that monetary damages would be inadequate to compensate either Party for any breach by the other Party of its covenants and agreements set forth herein. Accordingly, both Parties acknowledge and agree that any such violation or threatened violation will cause irreparable injury to the other Party and that, in addition to any other remedies that may be available, in law, in equity or otherwise, both Parties shall be entitled to obtain injunctive relief against the threatened breach of this Agreement or the continuation of any such breach by the other Party, without the necessity of proving actual damages.
  • 10.5
    Advertisers are solely responsible for maintaining the confidentiality of their Account, including, but not limited to a password, email, wallet address, balance and all activity including transactions made through their Account.
  • 10.6
    MegaPush personnel will never ask you to disclose your password. Any message you receive or website you visit that asks for the password, other than on the Application, should be reported to MegaPush.

Force Major

  • 11.0
    Neither party shall be liable for any loss or delay, nor be considered in breach of this Agreement, due to an act of God, fire, natural disaster, terrorist act, strike or other labor stoppage, declaration of war or military intervention, computer system/server failure, credit card processing failure, network failure, governmental action, or any other cause outside the control of the parties.

Contract Termination

  • 12.1
    The Initial Term (the "Initial Term") of this Agreement shall commence on the Effective Date.
  • 12.2
    The Validity period of the current Agreement is determined by the amount of time it was published on the website of the Service.
  • 12.3
    The current Agreement may be terminated by agreement of the parties.
  • 12.4
    Each of the parties shall be entitled to unilaterally terminate the current Agreement ahead of time, notifying the other party about it via email, 30 (thirty) days before the expected date of termination of the Agreement.
  • 12.5
    The Service has the full authority to unilaterally terminate the Agreement with Advertisers who violate the terms of the current Agreement and the Privacy Policy, without the requirement to provide a refund or any compensation.
  • 12.6
    All disputes and disagreements which may arise between the Service and the Advertiser that cannot be resolved based on the current Agreement, shall be settled by negotiations. If it is impossible to resolve these disputes and disagreements through negotiations, they will be adjudicated by the Arbitration Court of the Republic of Armenia, in accordance with the current legislation of the Republic of Armenia.
  • 12.7
    In order to resolve the technical issues, MegaPush reserves the right to independently involve competent authorities and organizations as subject-matter experts, while measuring the Advertiser’s liability for damages as a result of his/her unlawful/illegal actions, in any form/way (violation of the Privacy Policy and/or the Terms and Conditions of the current Agreement).
  • 12.8
    The Service does not participate in any possible disagreements and disputes (including judicial ones) that may arise between the Advertiser and the Subscriber, as well as between the Advertiser and the third-parties.

Refund Policy

We provide you with a refund when:

  • 13.1
    You never used your account after filling your balance. In such cases we understand that a concrete percent was charged by Paypal from your balance. If no more than the Paypal percentage is missing from your balance, you have the right to get the rest of your balance as a refund.
  • 13.2
    You believe there is a reasonable opportunity for receiving a refund. In such cases Advertisers have to contact us by our email address [email protected] Each case will be discussed by our team individually.

Complaints Procedure

If you are dissatisfied with anything related to the services with provide, we’d like to hear about that. We have a dedicated process for addressing your concerns, resolving any outstanding issues.

Please use our resolution process for matters relating to:

  • Our service, whether in person, via email, by phone or on our website
  • Our website generally
  • A situation where you think we didn’t communicate with you clearly

Please notice, that you cannot complain on the product or service you have purchased from us.

How to complain:
Please write us via the following email: [email protected]
We aim to
  • acknowledge receipt of a complaint within 2 working days;
  • respond to complaints within 7 working days.

This document is a translation of User Agreement for MegaPush Services in English. In case of conflict between the Russian version of User Agreement for MegaPush Services and this translation - only the Russian version of User Agreement for MegaPush Services is legally binding.

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