“Advertiser” means each entity or individual with which Maitri contract for the placement Ads on Publisher’s websites using Maitri Services.
“Advertising (Ad)” means push notifications, that are aimed to promote the Advertisers services and/or goods.
“Confidential Information” of the party disclosing such information shall refer to: (a) such party’s trade secrets, business plans, strategies, methods and/or practices; (b) such party’s software, tools, trade secrets, know-how, designs, technical information, proprietary methodologies, computer systems architecture and network configurations; (c) any other information relating to such party that is not generally known to the public, including information about its personnel, products, customers, financial information, marketing and pricing strategies, services or future business plans; and (d) any other information which, from all the relevant circumstances, should reasonably be assumed to be confidential and proprietary.
“Content” means all Ads content, related technology and tags provided by Advertiser that are subject to the Services under this Agreement.
“Publisher” means each entity or individual that displays Advertisers Ads on their Website using Maitri Services.
“Publisher’s Website” means website(s) owned, operated or controlled by Publisher or its subsidiaries.
“User” means all individuals or entities that are using Maitri Services or website maitri.com.
1. General Provisions
2. Advertiser Requirements
2.1. Advertiser acknowledges and agrees to provide Ads materials that are in compliant with all applicable law in order to use Maitri Services.
2.2. Upon using Maitri Services Advertiser shall not:
2.2.1. promote content that is illegal, harmful, slanderous, unethical, promotes hatred and/or racial, ethnic, sexual, religious or social discrimination or is insulting to any persons and/or organizations;
2.2.2. provide Ads that are violate third party rights including underage people and/or cause harm in any way;
2.2.3. download, send, transmit or otherwise post and/or distribute any materials containing viruses or other computer codes, files or programs designed to breach, destroy or limit the operation of any computer or telecommunication equipment or software, for unauthorized access as well as serial numbers to commercial software and generation programs, logins, passwords and other means to receive authorized access to fee-based online resources, or post links to such information;
2.2.4. infringe the intellectual property rights, rights of privacy or any other rights whatsoever of any third party;
2.2.5. provide Ads, that promote drugs, or any related paraphernalia, weapons and other prohibited goods or services.
2.4. Advertiser acknowledges and agrees that the one is responsible for all provided Advertisement, which is provide to be placed on Publisher’s website.
3. Publisher Requirements
3.1. Publisher acknowledges and agrees to provide its Websites that are in compliant with all applicable law in order to use Maitri Services.
3.2. Publisher agrees that the content of Publisher’s Website shall be appropriate and legal, and shall not contain:
3.2.1. infringe the intellectual property rights, rights of privacy or any other rights whatsoever of any third party;
3.2.2. malware, materials containing viruses or other computer codes, files or programs designed to breach, destroy or limit the operation of any computer or telecommunication equipment or software;
3.2.3. materials, that promote violence, racial, national, political, religion intolerance, or advocacy against any individual, group, or organization. The call for change the political system of a sovereign state, participation in terrorist organizations;
3.2.4. materials, that promote drugs, or any related paraphernalia, weapons and other prohibited and illegal goods or services, etc.
3.3. Publisher has to stipulate requirements of the selected model. If the publisher works on the CPA model and has more than 60% of the unsubscriptions from the number of attracted subscribers for the previous day, then the income is not paid to such publisher.
4. Intellectual Property
4.1. The content on the Service and available through the Service, excluding Advertisements and third party content, but including other text, graphical images, photographs, music, video, software, databases, scripts and trademarks, service marks and logos contained therein (collectively "Proprietary Materials"), are owned by and/or licensed to Maitri. All Proprietary Materials are subject to copyright, trademark, trade secret, and/or other rights under the laws of applicable jurisdictions, including domestic laws, foreign laws, and international conventions. Maitri reserve all our rights over our Proprietary Materials.
4.2. Except as otherwise explicitly permitted, the Users agree not to copy, modify, publish, transmit, distribute, participate in the transfer or sale of, create derivative works of, or in any other way exploit, in whole or in part, any Maitri content.
5.2. 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.
5.3. The foregoing obligations shall not apply to the extent Confidential Information of a disclosing party: (a) must be disclosed by the receiving party to comply with any requirement of law or order of a court or administrative body including any applicable stock exchange (provided that each party agrees to the extent legally permissible to notify the other party upon the issuance of any such order, and to cooperate in its efforts to convince the court or administrative body to restrict disclosure); or (b) is known to or in the possession of the receiving party prior to the disclosure of such Confidential Information by the disclosing party, as evidenced by the receiving party’s written records; or (c) is known or generally available to the public through no act or omission of the receiving party; or (d) is made available free of any legal restriction to the receiving party by a third party; or (e) is independently developed by the receiving party without use of any Confidential Information.