This agreement is between you, the Advertiser (“Advertiser”), and Wolf Masters Private Limited referred as (InkRevenue), a company registered and incorporated under the provisions of the Companies Act 2013 in India having its registered office at 98B, Udyog Vihar, Phase 5, Gurugram Haryana 122016, India (“InkRevenue”, “Partner Network”).
1. Introduction
1.1InkRevenue agrees to provide the Advertiser with the ability to post Ads and/or submit Promo codes and /or Fixed Marketing Materials (as defined below) for distribution through the InkRevenue Partner Network, as defined herein, subject to your compliance with the terms and conditions of this Agreement. By enrolling as an advertiser, the Advertiser, its agents, representatives, employees, and any other person acting on its behalf with respect to the use of the InkRevenue Partner Network, shall be bound by, and agrees to be bound by, this Agreement.
2. Definitions
In this Agreement, the following terms shall have these meanings, unless otherwise noted:
– “InkRevenue Partner Network” – shall mean the proprietary website(s), platform, program, system, tracking system, and all the related tools to be provided by InkRevenue that enable the Advertiser to promote their products and campaigns through the InkRevenue Partner Network.
– “Program” – shall mean a program (campaign, offer) created by the Advertiser within the InkRevenue Partner Network to promote a specific product and/or service.
– “Publisher” – shall mean a marketing Media Partner / Publisher/Affiliate /Content Creator (Influencers, customers, visitors, users, etc.) who is signed up to the InkRevenue Partner Network and agrees to promote the Advertiser’s products and/or services.
– “Advertiser” – shall mean a business that chooses to promote either their own products and/or services on the InkRevenue Partner Network in accordance with the terms of this agreement.
– “Ads” – shall mean promotion of a product, brand, or service to a viewership in order to attract interest, engagement, and sales. Ads come in many forms from copy to interactive video.
“Fixed Marketing Materials” – shall mean statically placed materials or Content for a certain period specified by the Advertiser.
– “Marketing Materials” – shall mean any products or content designed to market a company or its products and services to potential customers.
-“Promo codes” – shall mean promotions of a product, brand, or service in order to attract interest, engagement and sales. Promo codes come in a form of a promo code, discount code or other promotional materials having the code/number necessary for tracking purposes and having the goal of the Internet user to use the promo code on the Advertiser’s website. Promo codes may have a corresponding image or logo, and for the purposes of this Agreement the aforementioned code together with the corresponding images/logos (if any) shall be considered Promo codes.
-“Tracking Solutions” – the methods and technologies used to monitor and attribute all user actions and transactions driven by publishers within the InkRevenue Partner Network. This includes the mandatory implementation of server-to-server (S2S) tracking, including in-app tracking, ensuring the direct, accurate, and complete transmission of order data from the Advertiser’s frontend systems—both desktop and mobile applications—to InkRevenue’s platform. The Advertiser is obligated to provide comprehensive data on all transactions.
3. General Provisions
3.1 This Agreement shall become effective upon the Advertiser accepting this Agreement by using the elements of screen interface in the InkRevenue Partner Network. The date the Advertiser accepts the Agreement will be the “Effective Date”, unless there is a signed agreement/insertion order between the Advertiser and InkRevenue referencing this document – in that case, the date in the signed agreement/insertion order shall be the “Effective Date”. The Agreement will remain in effect unless terminated in accordance with this Agreement.
3.2All the information that the Advertiser provides in clause 3.1 must be accurate and true to their knowledge at the time of submission. It is the sole responsibility of the Advertiser to keep all user account information up to date. Failure to provide accurate information may result in account termination as outlined in paragraph 10.
3.3InkRevenue reserves the right to refuse applications and acceptance of any advertiser is subject to the sole discretion of the InkRevenue Partner Network. The Advertiser hereby consents to InkRevenue using the Advertiser’s details and Personal Data for the purposes of carrying out any factual checks that it considers to be necessary to confirm the identity of the Advertiser, its suitability for (and the suitability of the Advertiser’s Website(s)) for the InkRevenue Partner Network and any other matter which is connected to the Advertiser’s application and, whenever subsequently accepted by InkRevenue is connected to its activities and role as an InkRevenue advertiser.
3.4If the Advertiser is accepted into the InkRevenue Network, s/he will be required to complete a Know Your Customer (KYC) validation. This may involve submission of tax residency certificate, company registration document and/or other similar documents.
3.5 KYC Documentation is held privately by InkRevenue and will be reviewed and assessed by InkRevenue’s compliance team, who have full discretion to evaluate whether the provided documentation is both genuine and acceptable. InkRevenue reserves the right to request further documentation in any specific Advertiser’s case and reserves the right to refuse the Advertiser.
3.6The Advertiser will also be required to provide a billing address to InkRevenue’s Partner Network. This address will be subject to verification by the InkRevenue compliance team.
3.7The Advertiser may be requested to make a test bank transaction for validation purposes, which amounts will be accounted for in the future InkRevenue services.
3.8 This Agreement sets forth the entire agreement of the parties and supersedes any and all prior oral or written agreements or understandings between the parties as to the subject matter hereof. Only a writing signed by both parties, including but not limited to the corresponding Insertion order (IO), may change, modify or amend the terms of the Agreement.
4. Fraud
4.1The Advertiser acknowledges and agrees that InkRevenue shall not be liable for any acts of fraud committed by the Advertiser, the Publishers and/or the end-user consumers. In addition, the Advertiser agrees to pay InkRevenue in full for all services performed under this agreement, regardless of any consumer or Advertiser fraudulent activity.
4.2InkRevenue will make every effort to distinguish and stop any and all Publisher fraudulent activity. However, the Advertiser should make every effort to monitor the Publisher traffic activity and apply appropriate termination procedures immediately if the Advertiser believes a Publisher is engaged in fraudulent activity. InkRevenue shall have no liability to the Advertiser (whether in contract, tort, negligence or otherwise and howsoever arising) for any losses, costs, claims, damages or awards incurred by the Advertiser in respect of any fraudulent Publisher or end user activity.
4.3 Misuse, deceit or purposeful sabotage of tracking data by the Advertiser, as determined by InkRevenue, will be considered as a material breach of this Agreement and may result in the immediate termination of the Advertiser account and this agreement.
5. Indemnification
5.1The Advertiser shall keep InkRevenue Partner Network, its Publishers and their respective directors, officers, employees and agents indemnified from and against any costs (including, without limitation legal costs), awards, damages, claims for damages or other claims for compensation arising from: the breach by the Advertiser of any and all applicable laws in all jurisdictions; any claims from Publishers and customers of the goods and/or services supplied by it and/or sold by it; claims, awards and/or judgements from any authority in respect of the Advertiser’s supply of the goods and/or services and/or website content; the content of the Advertiser’s website or any incorrect information given to InkRevenue by the Advertiser; any infringement or potential infringement of any third party’s intellectual property rights; Ads content and accuracy, Fixed Marketing Materials, Promo codes validity, terms of Promo codes’ use, inability to apply the Promo codes, but not limited to such. The Advertiser shall also indemnify InkRevenue for: any other damages, losses or costs caused by the Advertiser’s improper, negligent or unauthorized use of InkRevenue services; technical problems or loss of data caused by the Advertiser on the InkRevenue and Advertiser Website or on any website to which the Advertiser is linked by InkRevenue.
6. Limitation Of Liability
6.1To the extent permitted by applicable law, InkRevenue shall not be liable (whether in contract, tort, negligence or otherwise and howsoever arising) for any losses, liabilities, costs, expenses and claims (including but not limited to, direct, indirect or consequential losses, loss of profit, loss of contracts, loss of reputation and all interest, penalties and legal costs (calculated on a full indemnity basis) and all other professional costs and expenses arising out of or in connection with: defects in the service; interruptions in the accessibility to the service; infringements on data or loss of data on the information handling system; defects in the security system or viruses or other harmful software components; any third party deleting, removing, deactivating or tampering with the Publisher and Advertiser tracking service or Tracking Codes and Pixels.
6.2 InkRevenue cannot guarantee or warrant the performance of InkRevenue services or the links to any linked websites. InkRevenue, to the extent permitted by applicable law, shall not be liable (whether in contract, tort, negligence or otherwise and howsoever arising) for any error in the implementation of the links and tracking codes for the Advertiser’s website or for the specified function of the links.
6.3 InkRevenue shall have no liability (to the extent permitted by applicable law, whether in contract, tort, negligence or otherwise and howsoever arising) for any delay and/or failure to perform its obligations under this agreement where such delays and/or failures to perform arise as a result of events beyond the reasonable control of InkRevenue including, without limitation, flood, fire, act of government and failures of telecommunications and internet service providers.
6.4InkRevenue shall have no liability (to the extent permitted by applicable law, whether in contract, tort, negligence or otherwise and howsoever arising) for any mistake or error of any kind when configuring Program settings inside Advertiser accounts. It is the Advertiser’s responsibility to ensure that the Advertiser Program was configured properly by InkRevenue that includes payout amounts, deadlines, promotion terms, geographical restrictions, prizes, additional incentives, favorable rates or any other Program settings inside an Advertiser account.
7. Non-Disclosure
7.1 The Advertiser or InkRevenue may provide the other with information that is confidential and proprietary to that party or a third party, as is designated by the disclosing party. The receiving party agrees to make commercially reasonable efforts, but in no case less effort, than it uses to protect its own confidential information, to maintain the confidentiality of and to protect any proprietary interests of the disclosing party.
7.2 The receiving party agrees not to disclose the confidential information without prior express written consent from the other party in each instance. The term “confidential information” shall not include information that is, or becomes, part of: the public domain through no action or omission of the receiving party; that becomes available to the receiving party from third parties without knowledge by the receiving party of any breach or violation of fiduciary duty, or that the receiving party had in its possession prior to this Agreement.
8. Final Provision
8.1 It is agreed that this Agreement shall be governed by, construed, and enforced in accordance with the laws of India without regard to its conflict of laws, rules or principles.
8.2 Any dispute arising out of the formation, performance, interpretation, nullification, termination or invalidation of this Agreement or arising therefrom or related thereto in any manner whatsoever, shall be settled by the District Court of Gurugram, Haryana.
8.3 The Advertiser use of the InkRevenue Network is irrefutable acknowledgement by the Advertiser that s/he read and agreed to each and every term and provision of this Agreement.
8.4 InkRevenue reserves the right to amend and update this agreement at any time, by posting written notice of the changes on the InkRevenue Partner Network or by an email.
8.5 The use of the InkRevenue Partner Network by the Advertiser after making changes to this Agreement indicates the Advertiser’s consent to the changes and willingness to assume the obligations specified in this Agreement. Disagreement with the changes in the Agreement entails the termination of this Agreement, as well as the termination of work with the InkRevenue Partner Network