Please take the time to read and review our terms of service. The parties to this agreement hereinafter are Moblin Service ("Zoomd Ltd." or "Moblin") and you the Advertiser ("Advertiser" or "You"). Moblin facilitates "Performance Marketing Programs" (as defined hereinafter) by providing marketing services via the "Internet" or (Mobile Internet). This Agreement shall govern participation in the Moblin Service (the "Service" or "Marketing Service"). Taking any step to order, request Service or otherwise use the Service constitutes Advertiser assent to and acceptance of this Agreement. Written approval is not a prerequisite to the validity or enforceability of this Agreement and no solicitation of any such written approval by or on behalf of Advertiser shall be construed as an inference to the contrary.
You represent and warrant that You have all appropriate authority and rights to use all trademarks, logos, service marks, trade names, and/or content displayed on Your Websites/Wapsites/Mobile Application or otherwise utilized hereunder.
Moblin Service Tracking Code Technology (the "pixel") - Moblin pixel purpose is to enable tracking of the different performance models such as dCPC, CPC, dCPM, CPM, CPL,CPI and CPA. Moblin pixel will not be modified from original format without prior written consent from Moblin.
ANY LIABILITY OF A PARTY UNDER THIS AGREEMENT SHALL BE LIMITED TO THE TOTAL OF ALL FEES PAID AND PAYABLE BY YOU TO MOBLIN, AND INTEREST PAID AND PAYABLE BY YOU TO MOBLIN, FOR THE TWELVE MONTH PERIOD PRECEDING THE DATE ON WHICH THE CLAIM AROSE. NO ACTION, SUIT OR PROCEEDING SHALL BE BROUGHT AGAINST MOBLIN MORE THAN ONE YEAR AFTER THE TERMINATION OF THIS AGREEMENT. NEITHER PARTY SHALL BE LIABLE TO THE OTHER PARTY, OR ANY THIRD PARTY (INCLUDING BUT NOT LIMITED TO A CLAIM BY A PUBLISHER OR ADVERTISER OF THE MARKETING SERVICE), FOR ANY CONSEQUENTIAL, EXEMPLARY, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF GOODWILL, LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIM.
Upon termination of this Agreement, any license or sublicense granted to You or by You under this Agreement will terminate, and the licensee/sub-licensee shall immediately destroy or delete all physical and electronic copies of the Confidential Information, and cause all Links to Moblin to be removed. Moblin shall (a) inform Your Publishers that Your Program(s) has ended (if terminated) or has been temporarily discontinued (in the case of temporary deactivation), (b) stop distributing Links to Your Web/Wap site, and (c) request (or suggest, in circumstances of deactivation) that all Links placed by Your Publishers to Your Web/Wap site be removed from such Publishers' Web sites and/or subscription e-mail.
If any dispute arising in connection with the performance of this Agreement shall not be amicably resolved, such dispute shall be solely and finally settled as follows:
This Master IO shall be interpreted according to the laws of the State of Israel without regard to or application of conflict-of-law rules or principles. Any dispute relating to or arising from this Master IO shall be settled in the sole jurisdiction of the applicable courts of Tel Aviv, Israel.
Both parties must send all notices relating to this Agreement in writing via overnight mail or facsimile: (a) to Moblin: 16 Abba Even Blvd. 46733 Herzelia, Israel, telephone +972.7222.00555, facsimile: +972.7222.00550, e-mail: email@example.com and, (b) for Advertiser, at the address or facsimile number listed on Your Account (IO number). Notices shall be effective upon a facsimile confirmation, the notified party's actual receipt (or refusal to accept to receipt, if applicable), or five (5) days after the date of mailing. (f) You acknowledge and accept that this Agreement, as may be amended from time to time, will govern Your participation in any and all services which may be provided to You by Moblin. Unless expressly agreed otherwise in writing, the terms and conditions set forth herein shall automatically apply without any additional acknowledgment or acceptance procedures by You to all services provided to You by Moblin, including without limitation all future insertion orders or other service agreements entered between you and Moblin in connection with additional campaigns and/or modifications to existing campaigns, including rate updates and payment terms modifications, on any media types in any and all jurisdictions.
THIS IS A LEGAL AGREEMENT BETWEEN YOU AND MOBLIN. BY SIGNING UP TO THE MARKTING SERVICE YOU AGREE TO HAVE AN UNDERSTANDING OF THESE TERMS AND CONDITIONS SET FORTH HEREIN. YOU CAN NOT PARTICIPATE IN THE SERVICE UNLESS YOU HAVE ACCEPTED EACH AND EVERY TERM HEREOF.