1. Acceptance, availability and modification of general conditions in LINKADIA MEDIA S.L.
The present document contains the General Partner Conditions (from here on out, referred to as “Conditions”) that regulate the relationship between LINKADIA MEDIA S.L. SL (from here on out, referred to as LINKADIA MEDIA S.L.) and the partners and users of LINKADIA MEDIA S.L. services (from here on out referred to as “Partner”).
LINKADIA MEDIA S.L. provides these Conditions to the Partners for posterior storage and production, in compliance with the obligation to provide information established in “Law 34/2002 de la Sociedad de la Información”. The conditions will remain up to date and will be considered valid for the entirety of the time that they are accessible at www.linkadia.com.
LINKADIA MEDIA S.L. reserves the right to modify (for justified reasons such as updating the document to reflect updated legislation, evolution of processes or changes in the services offered, or the terms and clauses present in these Conditions.
LINKADIA MEDIA S.L. will inform of modifications to the Conditions through the URL www.linkadia.com or by email as soon as possible.
2. Ownership of www.LINKADIA MEDIA S.L..com and registration information.
The domains www.linkadia.com and www.lktrack.com are registered to LINKADIA MEDIA S.L., situated on Gustavos Fernandez Balbuena 27, bajo 2 in Madrid. 1.
Inscribed in the Madrid Merchant Registry, CIF B-87009304.
Contact email: [email protected]
3. Partner status
The status of Partner is acquired, through the mandatory acceptance of these terms.
In order to acquire the status of Partner, you must be at least 18 years of age and fully accept all the terms that make up this document (Conditions). By accepting, you acknowledge that you are 18 or older, and that you are within your full capacity to make a business agreement and that you have read and comprehended the present Conditions, being bound by the same.
LINKADIA MEDIA S.L. will archive the electronic document that constitutes the agreement and will confirm the acceptance of the contract via an acknowledgement of receipt by email with the mentioned contract attached.
Partners that do not accept the conditions reflected here will not have access to their control panel, and it will be understood that the commercial relation between LINKADIA MEDIA S.L. and the partner has been automatically terminated, without the right to demand posterior payments.
LINKADIA MEDIA S.L. reserves the right to not pay pages that it considers inadequate for advertising services.
4. Partner Area
All partners will have access to the Partner Area, found at www.lktrack.com and www.linkadia.com , using their user name and password.
In the Partner area, partners will have access to all sections where they will be able to check their earnings and access the billing system.
5. Advertising Service
LINKADIA MEDIA S.L. manages the advertising traffic generated by its sollaborating Partners either through their pages, buying from third parties or sent through other agreements with third parties that Partners might have, obtaining benefits from the conversions that the traffic generates through different advertising formats and systems hired by LINKADIA MEDIA S.L.
6. Conditions of Service
The partner will use whichever advertising format LINKADIA MEDIA S.L. provides or will send traffic to the URLs that are provided for that purpose, sending traffic from users navigating on smartphones or tablets to LINKADIA MEDIA S.L.’s advertising service, who will be shown the corresponding advertising campaigns, paid for in differing models previously negotiated with the client.
I. Advertising Campaigns
LINKADIA MEDIA S.L. will modify the advertising content provided to its Partners at any time, always in the name of obtaining the best possible results.
The Partner, therefore, by accepting the present conditions, expresses conformity with LINKADIA MEDIA S.L.’s choice of advertising destined for the different web pages of the Partners. Additionally, the Partner recognizes LINKADIA MEDIA S.L.’s right to modify
the ads at any time.
II. Ad format order
The partner must include only the scripts provided by LINKADIA MEDIA S.L. or redirect traffic to specified URLs following the instructions that can be found in the partner zone or LINKADIA MEDIA S.L.’s authorized personnel area.
III. Service Access
Partners must identify themselves with a personalized user name and password. Partners must maintain these access codes completely secret and confidential, as they have full responsibility for their custody and conservation, and any consequences that might come from their use by unauthorized third parties. Partners exempt LINKADIA MEDIA S.L. from any responsibility for the loss of the confidentiality of their username or password and their use by unauthorized third parties.
7. Rates and payment methods
In the Statistics section, Partners can obtain information about daily impressions and revenue.
The total revenue that a Partner generates will be computed using LINKADIA MEDIA S.L.’s statistics, which, as previously stated, will be accessible through the same URL. LINKADIA MEDIA S.L. will invoice partner on receipt of statement, invoice date: last day
of the revenue period. Partner (Advertiser) will wire the invoice amount to LINKADIA MEDIA S.L. NET 30 from invoice date. Bank charges must be taken by the ordering party. LINKADIA MEDIA S.L. should receive the net amount of the invoice. If the net amount is not received, the bank charges will be rebilled on the next invoice. Revenue will be billed and paid monthly, as long as a minimum of 100 US dollars has been generated. If the 100 US dollars limit is not reached, the revenue generated will accumulate and be paid the following month or months. LINKADIA MEDIA S.L. will pay the total quantity indicated on the invoice within a maximum of 30 days after reception of the same.
Once the invoice is received, LINKADIA MEDIA S.L. will proceed to pay the amounts generated. Invoices will be paid either by bank transfer or PayPal.
The costs associated with money transfers, whether through banks or PayPal, will becharged to the Partner.
8. Partner Rights and Obligations
Once Partners have registered, and after accepting the Conditions, they will have the right to be automatically assigned codes and urls in order to begin sending traffic and generating impressions.
Partners will have the right to the payment of revenue generated, which will be reflected in the Statistics page, as long as the minimum revenue amount has been met as mentioned in section 7.
Partners are expressly prohibited from including content that infringes the law, moral conduct, good manners or public order in the URLs in which LINKADIA MEDIA S.L. advertising will be inserted.
Partners are expressly prohibited from modifying the code or URLs provided by LINKADIA MEDIA S.L.
Partners are expressly prohibited from ceding, or transferring the rights and obligations established in the present Conditions to third parties. Nor will they be resold or ceded for commercial reasons.
Partners are also expressly prohibited from using LINKADIA MEDIA S.L.’s services fraudulently.
Partners are responsible for maintaining their user names and passwords completely confidential and secret. LINKADIA MEDIA S.L. reserves the right to execute the actions or complaints it deems necessary as a consequence of any damages caused to
LINKADIA MEDIA S.L. by a Partner’s breach of this responsibility.
Partners are solely responsible for compliance with the obligations associated with the applicable current legal framework for the realization of their respective activities (in particular, LSSICE, LOPD), and are obliged to leave the other parties exempt from claims, lawsuits or actions (administrative, criminal, or civil) that may arise from the total or partial breach of the obligations that the present section refers to.
The partner shall retain all right, title and interest in and any multimedia images, graphics, text, data or other objects originates by, or transmitted from the partner to LINKADIA MEDIA S.L.
Any material change in the advertisement by LINKADIA MEDIA S.L. shall prior be approved by partner (Advertiser).
Partner shall immediately notify LINKADIA MEDIA S.L. of any suspected fraudulent or illegal activity, and shall submit any lead disputes no later than 5 days after suspectedfraudulent conversions have been registered. For all conversion disputes, the partner (advertiser) shall provide valid and reasonable evidence supporting the basis for such dispute, including but not limited to contact information, IP address and timestamp.
The partner (advertiser) must send reports during the 7 days after the end of the reporting month. In the case the report was not sent during the stated period, all leads must be considered as valid and paid entirely.
The partner (advertiser) has 15 (calendar) days from the Invoice date to make any changed or amendments to the Invoice received as well as send confirmation for the numbers in it, if these changes or confirmations were not received according the indicated period of time, the Invoice data (including numbers) is automatically considered as correct ad should be paid for in full.
If payment is not received by the Partner, LINKADIA MEDIA S.L. will be able to apply a penalty of 1% from the total sum of the Invoice overdue for EACH DAY of delay.
The non-payment of an invoice, unless agreed between both Parties, may result in the immediate suspension of the Services, without prejudice to the payment by the Partner of the remaining amount due.
9. Transfer of ad service
The advertising service, through which LINKADIA MEDIA S.L. provides advertising for Partner web pages and apps, using different advertising formats, may not be transferred, resold, or ceded in connection with the sale or transfer of a Partner web page or for any other reason. For example, when a web page changes owners or administrators, the owner must cancel LINKADIA MEDIA S.L.’s service and the new owner or administrator must solicit a new LINKADIA MEDIA S.L. account.
LINKADIA MEDIA S.L. will not be held responsible for the actions or omissions of Partners that perform a complete or partial breach of the present conditions.
LINKADIA MEDIA S.L. does not guarantee an advertising service free of errors or interruptions, nor will it be held responsible in such cases. In no circumstance will LINKADIA MEDIA S.L. be responsible for losses, damages, or harm of any type that Partners may suffer due to these errors. LINKADIA MEDIA S.L. will not be held responsible for advertising placed by the Partners in their own URLS that breaches these Conditions partially or in its totality.
LINKADIA MEDIA S.L. will not be held responsible for the infection of Partner or third party hardware, software, or computer systems by foreign computer programs or materials that contain instructions that may cause harmful effects, including but not exclusive to “computer viruses”, “trojan horses”, “worms”, etc.
Partners will leave LINKADIA MEDIA S.L. exempt from the actions or claims that third parties might exercise against LINKADIA MEDIA S.L. or other Partners, when said actions or claims are a consequence of actions or omissions exclusively attributable to the Partner and/or derived from a full or partial breach of the content of the present conditions. LINKADIA MEDIA S.L. reserves the right to execute corresponding judicial actions and/or claim indemnization for the damages caused. If LINKADIA MEDIA S.L. were to suffer any type of economic claim, LINKADIA MEDIA S.L. reserves the right to discount the cost of the same from the revenue generated by itself or the Partners that must contest the economic claim in virtue of the content of the present General Conditions.
LINKADIA MEDIA S.L. will not be held responsible for advertising or promotions done by the Partner that have not been provided by LINKADIA MEDIA S.L.
Partners will not be held responsible for the content of the advertising campaigns shown by LINKADIA MEDIA S.L.’s ad service.
Partners will not be held responsible for the content shown to users as a consequence of the use of LINKADIA MEDIA S.L.’s service, and will be exempt from any responsibility that might be derived from the same.
11. Intellectual and Industrial property
Partners agree, through the acceptance of the present Conditions, to obey all the guidelines relating to intellectual property in the provision of services, for which LINKADIA MEDIA S.L. will be exempt from any and all responsibility that might come as a consequence of a possible infringement of intellectual property rights in relation to the services provided by Partners, leaving LINKADIA MEDIA S.L. exempt from any claims that might arise for this reason.
Partners will be held fully responsible for the content and services of URLs under their ownership. The services provided by Partners may not be illicit, immoral, or disturb the public order.
Partners will be solely responsible for damage claims brought by any third party against LINKADIA MEDIA S.L. that result directly or indirectly from the breach of the Partner guidelines and obligations expressed in these Conditions. Furthermore, Partners are obligated to do whatever necessary to keep LINKADIA MEDIA S.L. exempt from claims or demands of any type, in relation to the functioning of the mentioned services.
Partners promise to correctly comply with the legal protection demanded in order to avoid the lodging of complaints, actions, or lawsuits (administrative, criminal, or civil) by third parties before any jurisdiction or trial. LINKADIA MEDIA S.L. is exempt from
any responsibility derived from any breach of Partner obligations in intellectual or industrial property rights and provision of services.
12. Breach and resolution
LINKADIA MEDIA S.L. will settle, cancel, or suspend (temporarily or permanently) without bias, a Partner account without the right to payment of pending revenue generated in any of the following cases: (i) If the partner partially or fully breaches the terms and clauses in the present Conditions; (ii) If LINKADIA MEDIA S.L. cannot verify or authenticate information provided by the Partner; (iii) If the Partner were to perform actions that were to place additional responsibilities on the Partner, LINKADIA MEDIA S.L., or third parties; (iv) If the partner breaches applicable guidelines; (v) If LINKADIA MEDIA S.L. discovers that the activity or information of its Partners are illicit or damages the rights or property of third parties with the right to an indemnization; (vi) If a Partner were to cede, subrogate, or attempt to cede part or all of the assets, rights and obligations that correspond to them in virtue of the present conditions to third parties; (vii) If a Partner were to place advertising formats that were difficult to see or confusing for the user, and as a consequence of said placement of formats the Partner were to generate little access traffic, LINKADIA MEDIA S.L. is within its rights to cancel said Partner’s account; (viii) If LINKADIA MEDIA S.L. were to believe, based on its own statistics and control systems, that a Partner is using the impressions and clicks service in a fraudulent manner in order to increase revenue; (ix) If LINKADIA MEDIA S.L. were to discover that a Partner was not complying with the task of maintaining its passwords secret; (x) If LINKADIA MEDIA S.L. were to believe, based on its own statistics and control systems or additional information, that the “Medium” registered by a Partner is not generating profitable traffic for the advertising system, (if the traffic
does not convert, or generate benefits to the advertisers) or these media have been judged to have decreased in quality.
LINKADIA MEDIA S.L. and/or the Partners may consider their contractual relation derived from the acceptance of the present Conditions terminated at any time for no other reason than their own will, with a pre-notice of 2 (working) days, by mail or whichever method LINKADIA MEDIA S.L. deems opportune to contact the client.
LINKADIA MEDIA S.L., in compliance with its organization and optimization of its system, may eliminate any user account and with it all the added services and revenue generated, if the client does not enter the system or perform an action in any of
LINKADIA MEDIA S.L.’s services during a period of one year.
LINKADIA MEDIA S.L. is within its right to end a contract giving service to a Partner if it detects any type of fraud mentioned in previous clauses, resulting in any content or service that the client has under contract falling under LINKADIA MEDIA S.L.’s possession as compensation for any problems the fraud may have caused.
The resolution of these conditions does not exempt from compliance of outstanding obligations as well as those applicable to third parties.
In accordance with the Ley Orgánica 15/1999, December 13th of Protection of Personal information, LINKADIA MEDIA S.L. SL informs all Partners that the personal information provided will be saved in an automized file whose purpose will be the management of the contractual relation derived from the acceptance of the present Conditions, as well as to keep the Partner informed about all of LINKADIA MEDIA S.L.’s new products, with the consent that the Partner’s information will only be used to comply for these purposes and, if necessary, to be released. The owners of personal information will the right to freely access, correct, and cancel the same by sending a message to the following address: LINKADIA MEDIA S.L., Gustavo Fernandez Balbuena 27, bajo 2, 28002, Madrid, Spain, indicating the right/action wished to perform. The right to access and correction will also be available through the Partner Zone, in the section “Your Information”. An email address will be the method of choice to proceed to confirm the acceptance of the contract and inform Partners of any changes in these Conditions.
page, including the corresponding update in this section. and measures necessary to guarantee the security of personal information, avoiding the alteration, loss, treatment or unauthorized access to the same.
14. Applicable Law and Competent Courts
The present Terms and Conditions are subject to the content of current applicable Spanish legislation.
In order to resolve any case of litigation, discrepancy, difference, or conflict that might come from the execution or interpretation of the present Conditions, the Courts of Madrid will be the competent courts.
LINKADIA MEDIA S.L., (hereinafter, "LINKADIA MEDIA S.L.") is a Spanish limited liability company with Tax ldentification Number B-87009304, and registered address at Calle Gustavo Fernandez Balbuena 27, bajo 2, 28002, Madrid, Spain.
PROCESSING OF YOUR PERSONAL DATA
simply visiting the web site, users do not provide any personal information neither is the user forced to provide it.
In order to access certain features of our web site, like contracting advertising services, it is necessary that you provide us with your personal data. When including this information, you guarantee us that the data that you provide us with will correspond to your true identity and that this one is updated and completed at the moment at which you provide us with.
In compliance with Spanish Organic Law 15/1999, of December 13, Personal Data Protection Law (LOPD) we inform you that the personal data provided by the user will be incorporated to an automated file property of LINKADIA MEDIA S.L. Tax ldentification Number B-87009304, and registered address at Calle Gustavo Fernandez Balbuena 27, bajo 2, 28002, Madrid, Spain., with contact electronic address: [email protected]
LINKADIA MEDIA S.L. guarantees that it has adopted the management and technical measures necessary to guarantee the security of the provided data.
LINKADIA MEDIA S.L. will process the data according to the instructions of the person in charge and it will not apply them or use them with a different purpose from that of the stated, nor will disclose them, not even for its conservation, to other people.
The user has, in any case, a thirty days period to express his refusal to this processing. In case the user does not express to that effect in the established period, it is therefore understood that the user allows the processing of its personal data.
INFORMATION THAT WE CAN ACQUIRE FROM THE USER ANO PURPOSE OF OBTAINING IT
We acquire the following data with the purpose hereinafter explained:
a) Information provided when registering as a user.
b) Information on the user's preferences, such as the services used, the number of times the service is used.
c) Information about the device from which the user access, the IP number, IMEI number, its geographic location.
LINKADIA MEDIA S.L. will use the acquired data in order to provide better products and services, to identify habits and interests, for tracking and improvement of the service, to prevent lawful behaviours, for security reasons and to carry out market studies.
The information of the data bases might be used for the identification of the users and the accomplishment of statistical studies of the users registered at an internal level.
We inform the users that the answers to the questions raised from forms of data gathering contained in www.linkadia.com com is voluntary, although refusal to provide the data asked for might mean the impossibility of accessing services that might require said data. During the process of data collection, and whenever data is asked for, the users will be duly informed about the obligatory or voluntary nature of the data collection. The fields marked with an asterisk (*) included in the forms for users to fill in are strictly necessary to take answer their request, being voluntary including the rest of the data.
The financial data gathered will be used to authorize the payment and billing of products and services. When making the purchase in the web site, the user gives his/her consent so that his/her necessary personal and/or financial data are provided to said third parties if it is deemed necessary to process the transactions that take place, like credit cards companies, banks and companies that manage the shipment on our behalf. This includes the exchange of information with other companies and organizations for protection against fraud and reduction of credit risk. Except as aforementioned otherwise, LINKADIA MEDIA S.L. will not share the financial data with third parties without the previous consent of the user.
LINKADIA MEDIA S.L. will not disclose to third parties the personal information that you provide us with in this web site, except for when said disclosure is required by the current legislation, court order, or the competent authority, as well as when indispensable data must be communicated for logical reason of rendering service or is expressly requested and the user gives express consent.
AII the data provided by means of electronic mail or electronic forms will be processed according to the current legislation on personal data protection, and in any case they will have confidentiality status to LINKADIA MEDIA S.L’s staff and on the part of the organization and personnel that manages the processing of this information.
LINKADIA MEDIA S.L., as person in charge of said file, is committed to respect the confidentiality of your personal information.
The user is entitled to access his information, to rectify it if the data is wrong, to be against the processing of his data and to unregister the services of LINKADIA MEDIA S.L. by sending a written form to LINKADIA MEDIA S.L., at Calle Gustavo Fernandez Balbuena 27, bajo 2, 28002, Madrid, Spain., with contact electronic address: [email protected]
LINKADIA MEDIA S.L. will request, at the exact moment of collecting the data, the commercial consent of the user to receive information, advertisement, communications via electronics means about products or services related to LINKADIA MEDIA S.L’s activity and initiatives. At the exact moment of collecting the data, the user will be able to express his or her desire to receive commercial communications or to be against it. In addition, at any given moment the user will be able to modify his or her profile and the account preferences.
LINKADIA MEDIA S.L. shall send commercial communications addressing products or services of their own company that are similar to what initially was the purpose of contract with the client.
SECURITY OF YOUR DATA
LINKADIA MEDIA S.L. guarantees that it has adopted the management and technical measures necessary to guarantee the security of the provided data.
The system of rendering of service by LINKADIA MEDIA S.L. uses a secure server and the latest technology in encryption. A secure server guarantees the privacy of the data that you send by Internet. Said privacy is achieved by SSL protocol.
What is a Secure Server?
A secure server guarantees the privacy of the data that you send by Internet. This privacy is achieved by SSL protocol, the current standard used by the security industry. In Internet, the security is the result of the communication between a browser that supports SSL and a server that supports the same protocol. Any browser version supports this protocol.
How does SSL protocol work?
lt simply works by encrypting the data that you send through the coding RSA system when it is located in a browser security zone. Your Explorer, Chrome, Firefox, Safari... browser in collaboration with the secure server, encrypts your data so that if some individual is able to take hold of said data while sending, he/she will not be able to read them since he does not have the necessary code.
Access to children under the age of 18 is prohibited. LINKADIA MEDIA S.L. shall contact a user at any time in order to verify the user's real age by the Spanish ID photocopy or a similar identification document. To not provide an answer within the established period of time might imply the blocking or cancellation of the user account. lf we are aware that a child under the age of 18 has a user account with us, we will block or erase the account.