These Publisher Terms & Conditions (the “Terms”) constitute a legally binding agreement between Digital Pro EOOD, a company duly incorporated and existing under the laws of Bulgaria, with its registered office at 24B Hadji Dimitar, Sofia, Bulgaria, operating as a “D8ads” (hereinafter referred to as “D8ads”, “Company”, “we”, “us”, or “our”), and any individual or legal entity applying to, accessing, or participating in the D8ads affiliate network as a publisher (hereinafter referred to as the “Publisher”, “you”, or “your”). D8ads and the Publisher may hereinafter be referred to individually as a “Party” and collectively as the “Parties”.
By registering an account, submitting an application, accessing the D8ads platform, or promoting any Campaign or Offer through the D8ads network, the Publisher confirms that it has read, understood, and agreed to be bound by these Terms in full.
1. Role and Status of the Publisher
The Publisher acknowledges and agrees that it participates in the D8ads network strictly as an independent contractor and that nothing in these Terms shall be deemed or construed to create any partnership, joint venture, agency, fiduciary, employment, or representative relationship between the Publisher and D8ads or between the Publisher and any Advertiser. The Publisher has no authority to bind D8ads or any Advertiser in any manner or to make representations, warranties, or commitments on their behalf.
The Publisher acknowledges that D8ads operates solely as an affiliate marketing network and technical intermediary and does not direct, control, or supervise the Publisher’s day-to-day activities, business operations, or traffic acquisition methods. The Publisher retains full responsibility for its marketing practices, traffic sources, promotional methods, compliance with applicable laws, and all costs and expenses incurred in connection with its participation in the D8ads network.
The Publisher further acknowledges that it is not an employee, agent, or representative of D8ads or any Advertiser and shall not hold itself out as such in any communication, marketing material, or representation to third parties.
2. Publisher Eligibility and Onboarding
By applying to join the D8ads network, the Publisher represents and warrants on a continuing basis that it is duly incorporated or otherwise legally authorized to conduct business in its jurisdiction, that it has full legal capacity to enter into these Terms, and that all information provided during registration, onboarding, and ongoing cooperation is true, accurate, complete, and not misleading.
D8ads reserves the absolute right, at its sole discretion, to accept or reject any Publisher application, to suspend or terminate any Publisher account, or to impose additional onboarding, verification, or compliance requirements at any time, without obligation to provide justification. Approval of a Publisher account shall not constitute an endorsement of the Publisher’s business, traffic sources, or marketing practices and may be revoked at any time.
The Publisher undertakes to promptly notify D8ads of any material changes to its ownership, control, business model, traffic sources, promotional methods, or regulatory status. Failure to disclose such changes may result in immediate suspension or termination.
3. Promotion of Campaigns and Offers
The Publisher may promote only those Campaigns and Offers that have been expressly approved for it by D8ads and strictly in accordance with the conditions, restrictions, targeting parameters, and guidelines communicated by D8ads and/or the relevant Advertiser. The Publisher acknowledges that Campaign approval may be limited by geography, device, traffic source, promotional method, or other criteria and that any deviation from such criteria constitutes a material breach of these Terms.
The Publisher shall ensure that all promotional materials, creatives, pre-landers, landing pages, and marketing messages used in connection with Campaigns are truthful, accurate, not misleading, and fully compliant with applicable laws, regulations, platform rules, and industry standards. The Publisher shall not modify, adapt, or create derivative creatives unless expressly authorized by D8ads in writing.
The Publisher acknowledges that D8ads may monitor, review, and audit the Publisher’s promotional methods and materials at any time for compliance, quality, and network integrity purposes. Any failure to comply with Campaign requirements may result in rejection of Traffic, forfeiture of commissions, suspension of Campaign access, or termination of the Publisher’s account.
5. Traffic Sources, Prohibited Practices and Fraud
The Publisher expressly acknowledges that the integrity, reputation, and legal compliance of the D8ads network depend on the quality, transparency, and lawfulness of Traffic delivered by Publishers. The Publisher therefore undertakes to generate and deliver Traffic solely through lawful, transparent, and approved traffic sources and promotional methods, strictly in accordance with these Terms, Campaign-specific conditions, and all applicable laws, regulations, platform rules, and industry standards.
The Publisher represents and warrants on a continuing basis that all Traffic delivered through the D8ads network is generated through genuine user interest and voluntary user actions and is not the result of fraud, manipulation, automation, deception, or artificial inflation of impressions, clicks, registrations, or other actions. The Publisher shall not engage in, authorize, or tolerate any practice that is intended to mislead users, Advertisers, D8ads, or third parties as to the origin, quality, or intent of Traffic.
The Publisher expressly agrees not to use, directly or indirectly, any fraudulent, abusive, or non-transparent practices, including but not limited to automated tools, bots, scripts, emulators, click farms, incentivized traffic (unless expressly approved in writing by D8ads), misleading redirects, forced clicks, cookie stuffing, pixel stuffing, ad stacking, cloaking, traffic laundering, domain spoofing, brand bidding without authorization, or any other technique designed to manipulate tracking systems or artificially inflate performance metrics. The use of malware, spyware, adware, browser extensions, injected ads, or unauthorized software installations is strictly prohibited.
The Publisher further undertakes not to generate Traffic through misleading or deceptive representations, including false claims regarding the nature of dating services, guarantees of romantic interest or interaction, impersonation of real persons or brands, fake endorsements, or concealment of material information such as subscription requirements, pricing, or limitations of the Dating Offer. Any attempt to misrepresent the user experience, emotional outcomes, or authenticity of interactions shall be deemed a material breach of these Terms.
The Publisher shall not generate Traffic through unlawful or inappropriate sources, including websites, applications, or platforms that contain illegal content, exploitative material, hate speech, violence, or content involving or targeting minors. The Publisher expressly acknowledges that dating-related Campaigns are strictly limited to adult audiences and that any targeting of minors, whether intentional or negligent, constitutes a severe violation of these Terms.
The Publisher further agrees not to use unsolicited or unlawful communications to generate Traffic, including spam emails, spam messages, unauthorized push notifications, robocalls, or any other form of communication that violates applicable anti-spam, consumer protection, or advertising laws. The Publisher shall ensure that all communications comply with applicable consent, opt-in, and disclosure requirements.
The Publisher acknowledges and agrees that D8ads reserves the right, at its sole discretion, to monitor, investigate, audit, and analyze Traffic sources, promotional methods, user behavior patterns, and technical indicators to detect fraud, abuse, or non-compliance. Such monitoring may include automated systems, manual reviews, statistical analysis, and third-party verification tools. The Publisher agrees to cooperate fully with any investigation and to provide timely, complete, and accurate information upon request.
Where D8ads reasonably determines that Traffic has been generated in violation of these Terms, Campaign conditions, or applicable laws, D8ads reserves the right, without limitation and without prior notice, to reject or invalidate such Traffic, withhold or forfeit any associated commissions, suspend or terminate the Publisher’s account, disable access to Campaigns or the platform, and permanently ban the Publisher from the D8ads network. The Publisher acknowledges and agrees that such measures may be taken immediately and that D8ads shall not be required to provide advance notice or an opportunity to cure in cases involving fraud, illegal activity, or material compliance risk.
The Publisher expressly agrees that any determination by D8ads regarding fraud, prohibited practices, or Traffic quality shall be final and binding for the purposes of commission eligibility and account status. The Publisher waives any right to challenge such determinations based solely on its own analytics, internal data, or subjective assessments. Any commissions forfeited as a result of fraudulent or prohibited activity shall be deemed non-payable and may be offset against any amounts otherwise owed to the Publisher.
The Publisher further acknowledges that fraud and prohibited practices cause significant harm to D8ads, Advertisers, and the integrity of the affiliate ecosystem and agrees that D8ads shall be entitled to pursue all available legal and equitable remedies, including recovery of damages, enforcement of set-off rights, and cooperation with law enforcement or regulatory authorities where appropriate.
The provisions of this Section are material to these Terms and shall survive termination of the Publisher’s participation in the D8ads network.
6. Tracking, Validation and Commission Eligibility
The Publisher acknowledges and agrees that all tracking, reporting, validation, and determination of commission eligibility in connection with Campaigns operated through the D8ads network shall be based exclusively on the tracking systems, data, logs, and reports maintained by or on behalf of D8ads. Unless expressly agreed otherwise in writing, D8ads’ tracking data shall be final, binding, and conclusive for all purposes, including the calculation of commissions, validation of Traffic, and issuance of payments.
The Publisher acknowledges that commissions are earned solely with respect to valid and qualified actions that fully comply with these Terms, the applicable Campaign conditions, and all requirements communicated by D8ads and/or the relevant Advertiser. No commission shall be deemed earned, accrued, or payable unless and until the corresponding Traffic or action has been tracked, recorded, validated, and expressly approved by D8ads in accordance with its internal validation processes.
The Publisher further acknowledges that not all Traffic or actions tracked on a preliminary or real-time basis will necessarily be deemed valid or eligible for commission. Validation may include, without limitation, technical verification, fraud detection, compliance review, post-conversion behavior analysis, and review of chargeback, refund, or cancellation data. The Publisher expressly agrees that validation may occur retrospectively and that commissions initially shown as “pending,” “estimated,” or “approved” may be adjusted, reversed, or invalidated where subsequent analysis reveals fraud, non-compliance, or violation of Campaign terms.
The Publisher acknowledges that dating and social discovery offers involve inherent risks of low-intent or abusive user behavior and agrees that commissions may be denied or reversed where Traffic results in abnormal patterns, including but not limited to mass or automated registrations, immediate disengagement, non-genuine user behavior, excessive refunds or chargebacks, or regulatory or platform complaints linked to the Publisher’s Traffic. The existence of user registrations, installs, or initial interactions shall not, in and of itself, entitle the Publisher to commissions.
The Publisher expressly agrees that D8ads shall have sole and exclusive discretion to determine whether Traffic or actions qualify for commission and that such determination may be based on aggregated data, statistical analysis, reasonable inferences, or information provided by Advertisers, payment processors, platforms, or third-party verification tools. Absolute certainty shall not be required for D8ads to take protective action to preserve network integrity.
The Publisher shall not manipulate, interfere with, or attempt to circumvent D8ads’ tracking systems, attribution logic, or validation processes, nor shall the Publisher take any action intended to interfere with the accurate measurement of Traffic or actions. Any attempt to manipulate tracking or attribution shall constitute a material breach of these Terms and may result in immediate termination and forfeiture of all unpaid commissions.
The Publisher agrees that any questions or concerns regarding tracking or commission eligibility must be raised promptly and in good faith through the channels designated by D8ads and within any timeframes specified by D8ads. Failure to raise such concerns within the applicable timeframe shall constitute acceptance of the tracking data and a waiver of any right to dispute commission eligibility.
The Publisher acknowledges that D8ads may modify, enhance, or replace its tracking, attribution, or validation systems from time to time to respond to technological developments, fraud patterns, or operational requirements. Any such changes shall not give rise to any claim for damages, lost commissions, or compensation, provided that D8ads acts in good faith and for legitimate network purposes.
Under no circumstances shall D8ads be liable to the Publisher for any losses, reduced earnings, or business impacts resulting from the operation of tracking systems, the validation or rejection of Traffic, or the determination of commission eligibility in accordance with this Section.
The provisions of this Section are material to these Terms and shall survive termination of the Publisher’s participation in the D8ads network.
7. Payments, Withholding and Forfeiture of Commissions
The Publisher acknowledges and agrees that commissions are earned solely in accordance with these Terms and only with respect to Traffic and actions that have been tracked, validated, and expressly approved by D8ads. No commission shall be deemed earned, vested, or payable unless and until D8ads has completed its validation process and determined, in its sole discretion, that the relevant Traffic complies with these Terms, the applicable Campaign conditions, and all legal and compliance requirements.
Payments to the Publisher, if any, shall be made on a bi-monthly basis and payable within seven (7) calendar days from the end of each applicable payment period (“Bi-Monthly Net 7”), strictly in accordance with these Terms and any applicable Insertion Order. No payment obligation shall arise unless the Publisher has reached the applicable minimum payout threshold and has successfully completed all required verification, compliance, and validation checks to D8ads’ satisfaction.The minimum payout threshold shall be USD seventy-five (75) for all supported payment methods other than wire transfers. For wire transfers, the minimum payout threshold shall be USD one thousand (1,000), regardless of the applicable payment period. Amounts below the applicable threshold shall be carried forward to subsequent payment periods until the relevant threshold is met. D8ads reserves the right to withhold, delay, or suspend payments where required for compliance, fraud prevention, risk management, or investigation purposes, or where the Publisher is in breach of these Terms or the applicable Insertion Order.
The Publisher expressly agrees that D8ads reserves the right to withhold, delay, suspend, or offset any payment of commissions where D8ads reasonably determines that further review is necessary due to suspected fraud, prohibited practices, compliance concerns, abnormal Traffic patterns, regulatory or platform inquiries, Advertiser non-payment, chargebacks, refunds, or any other circumstances that may expose D8ads to financial, legal, or reputational risk. The existence of pending investigations or unresolved compliance reviews shall suspend any obligation to make payment until such matters are resolved.
The Publisher further acknowledges and agrees that commissions may be reduced, reversed, or forfeited in whole or in part where Traffic or actions are subsequently determined to be invalid, non-compliant, fraudulent, or otherwise in violation of these Terms or Campaign conditions, regardless of whether such determination occurs before or after preliminary approval or display of commissions within the platform. Any commissions associated with fraudulent, deceptive, or prohibited activity shall be deemed null and void and non-payable.
The Publisher expressly agrees that any breach of these Terms, including but not limited to violations relating to Traffic sources, promotional practices, dating-specific obligations, tracking manipulation, or misrepresentation, may result in immediate forfeiture of all unpaid commissions, including commissions that would otherwise be payable in respect of valid Traffic. The Publisher acknowledges that such forfeiture reflects a reasonable allocation of risk and is necessary to protect the integrity of the D8ads network.
The Publisher further acknowledges that D8ads’ obligation to pay commissions is contingent upon receipt of corresponding payment from the relevant Advertiser. In the event that an Advertiser fails to pay, delays payment, disputes Traffic, becomes insolvent, or otherwise fails to fulfill its payment obligations to D8ads, D8ads shall have the right to withhold or delay payment of the corresponding commissions to the Publisher until such time as payment is received, without incurring any liability to the Publisher. The Publisher expressly assumes the risk of Advertiser non-payment.
The Publisher agrees that D8ads may apply any amounts owed by the Publisher to D8ads, including damages, chargebacks, penalties, or other liabilities, against any commissions otherwise payable to the Publisher. The Publisher waives any right of set-off, counterclaim, or withholding with respect to amounts owed to D8ads.
Payments, if made, shall be processed using the payment method designated by the Publisher and approved by D8ads. The Publisher shall be solely responsible for providing accurate payment details and for all taxes, bank fees, transaction fees, currency conversion costs, and other charges associated with the receipt of payments. D8ads shall not be responsible for delays or failures in payment resulting from incorrect payment information provided by the Publisher.
Under no circumstances shall D8ads be liable for any indirect, incidental, or consequential losses arising from delayed, withheld, reduced, or forfeited commissions, provided that D8ads acts in good faith and in accordance with these Terms. The Publisher acknowledges that participation in the D8ads network involves commercial risk and that the allocation of payment-related risk set forth in this Section is a fundamental condition of these Terms.
The provisions of this Section shall survive termination of the Publisher’s participation in the D8ads network.
8. Confidentiality
The Publisher acknowledges that, in the course of its participation in the D8ads network, it may obtain access to confidential, proprietary, or non-public information relating to D8ads, Advertisers, Campaigns, or other Publishers, including but not limited to commercial terms, commission rates, Campaign conditions, tracking data, performance metrics, optimization insights, technical documentation, platform functionality, business strategies, and any other information that is designated as confidential or that reasonably should be understood to be confidential by its nature or the circumstances of disclosure (the “Confidential Information”).
The Publisher undertakes to keep all Confidential Information strictly confidential and to use such Confidential Information solely for the purpose of participating in the D8ads network and promoting approved Campaigns in accordance with these Terms. The Publisher shall not disclose, share, publish, reproduce, or otherwise make available any Confidential Information, in whole or in part, to any third party without the prior written consent of D8ads, except where such disclosure is strictly necessary for the performance of these Terms and is made to employees or contractors who have a legitimate need to know such information and who are bound by confidentiality obligations no less protective than those set forth herein.
The Publisher shall take all reasonable technical and organizational measures to protect Confidential Information against unauthorized access, disclosure, loss, or misuse and shall remain fully responsible for any breach of confidentiality by its employees, contractors, agents, or other persons to whom it discloses Confidential Information. The Publisher shall not use Confidential Information for any purpose that may compete with, harm, or otherwise adversely affect D8ads, any Advertiser, or the integrity of the D8ads network.
Confidential Information shall not include information that the Publisher can demonstrate was lawfully known to it prior to disclosure, is or becomes publicly available through no breach of these Terms, is lawfully obtained from a third party without restriction, or is independently developed by the Publisher without reference to or use of Confidential Information. The burden of proving the applicability of any such exception shall rest with the Publisher.
The Publisher may disclose Confidential Information only to the extent required by applicable law, regulation, or a valid court order, provided that, to the extent legally permitted, the Publisher gives D8ads prompt written notice of such requirement and cooperates reasonably with D8ads to limit the scope of disclosure and to seek confidential treatment of the disclosed information.
Upon termination or expiration of the Publisher’s participation in the D8ads network, or upon D8ads’ written request, the Publisher shall immediately cease using all Confidential Information and shall promptly return or permanently destroy all Confidential Information in its possession or control, including all copies thereof, except to the extent retention is required by applicable law. Any retained Confidential Information shall remain subject to the confidentiality obligations set forth in this Section.
The confidentiality obligations under this Section shall survive termination of these Terms for a period of two (2) years, or for so long as the Confidential Information remains confidential under applicable law, whichever is longer. The Publisher acknowledges that any unauthorized disclosure or use of Confidential Information may cause irreparable harm to D8ads and/or Advertisers for which monetary damages may be insufficient and agrees that D8ads shall be entitled to seek injunctive or equitable relief, in addition to any other remedies available at law or in equity.
9. Disclaimers and Limitation of Liability
The Publisher expressly acknowledges and agrees that the services provided by D8ads consist solely of access to and participation in an affiliate marketing network, including tracking, reporting, and technical facilitation of Campaigns, and that such services are provided strictly on an “as is” and “as available” basis. To the maximum extent permitted by applicable law, D8ads expressly disclaims all representations, warranties, and guarantees of any kind, whether express, implied, statutory, or otherwise, including without limitation any implied warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, completeness, uninterrupted availability, or error-free operation.
Without limiting the foregoing, D8ads does not warrant or guarantee that the Publisher will earn any commissions, reach any minimum payout threshold, or achieve any particular level of performance, profitability, or return on investment. The Publisher acknowledges that participation in the D8ads network is entirely at its own risk and that all decisions relating to traffic acquisition, promotional methods, resource allocation, and business strategy are made independently by the Publisher.
To the maximum extent permitted by applicable law, D8ads shall not be liable for any indirect, incidental, consequential, special, exemplary, or punitive damages, including without limitation loss of profits, loss of revenue, loss of business opportunity, loss of data, reputational harm, or any other economic or non-economic loss, whether arising in contract, tort (including negligence), strict liability, or otherwise, even if D8ads has been advised of the possibility of such damages.
Without limiting the generality of the foregoing, D8ads shall not be liable for any claims, losses, damages, or liabilities arising out of or relating to delayed, withheld, reduced, reversed, or forfeited commissions, tracking discrepancies, validation decisions, Advertiser non-payment, Campaign suspension or termination, changes to Campaign conditions, or the termination or suspension of the Publisher’s account. The Publisher expressly acknowledges that such outcomes are inherent risks of affiliate marketing and are expressly assumed by the Publisher.
To the extent that D8ads is found liable notwithstanding the foregoing disclaimers, the aggregate liability of D8ads arising out of or relating to these Terms, any Campaign, or the Publisher’s participation in the D8ads network, whether in contract, tort, or otherwise, shall be strictly limited to the total amount of commissions actually paid by D8ads to the Publisher during the three (3) months immediately preceding the event giving rise to the claim. Such limitation shall apply cumulatively and not on a per-incident basis.
The Publisher acknowledges and agrees that the limitations of liability set forth in this Section reflect a fair and reasonable allocation of risk between the Parties, taking into account the nature of the services, the absence of any guaranteed compensation, and the role of D8ads as an intermediary affiliate network. The Publisher further agrees that D8ads would not permit participation in the network without such limitations.
Nothing in these Terms shall exclude or limit liability to the extent that such exclusion or limitation is prohibited by applicable law; however, in all such cases, D8ads’ liability shall be limited to the maximum extent permitted by law.
The provisions of this Section shall survive termination of the Publisher’s participation in the D8ads network.
10. Indemnification
The Publisher agrees to indemnify, defend, and hold harmless D8ads, its affiliates, directors, officers, employees, agents, contractors, and representatives from and against any and all claims, demands, actions, proceedings, investigations, liabilities, damages, losses, fines, penalties, costs, and expenses, including reasonable legal fees and expenses, arising out of or relating to the Publisher’s participation in the D8ads network, promotional activities, Traffic, or any breach or alleged breach of these Terms.
Without limiting the generality of the foregoing, the Publisher’s indemnification obligations shall apply to any claims, investigations, enforcement actions, or liabilities arising from or relating to the Publisher’s traffic sources, promotional methods, creatives, content, landing pages, pre-landers, communications, or representations, including allegations of misleading or deceptive advertising, unfair commercial practices, violations of consumer protection laws, anti-spam regulations, advertising standards, or platform policies. The Publisher expressly acknowledges that it bears sole responsibility for the legality, transparency, and compliance of its marketing activities.
The Publisher’s indemnification obligations shall further extend to any claims, losses, or liabilities arising from acts or omissions of the Publisher’s employees, contractors, agents, sub-affiliates, or any third parties acting on the Publisher’s behalf, whether authorized or unauthorized. Any violation of these Terms by such persons shall be deemed a violation by the Publisher.
D8ads shall promptly notify the Publisher of any claim subject to indemnification; provided, however, that any failure or delay in providing such notice shall not relieve the Publisher of its indemnification obligations except to the extent that such failure materially prejudices the Publisher’s ability to defend the claim. The Publisher shall assume full control of the defense and settlement of any indemnified claim, provided that the Publisher shall not settle any claim in a manner that imposes any admission of liability, obligation, or restriction on D8ads without D8ads’ prior written consent.
D8ads reserves the right, at its own expense, to participate in the defense of any indemnified claim with counsel of its choosing. The Publisher agrees to cooperate fully with D8ads in the defense and resolution of any such claim and to provide all information and assistance reasonably requested.
The indemnification obligations set forth in this Section are independent of, and shall not be limited by, any limitation of liability or exclusion of damages contained elsewhere in these Terms and shall survive the termination or expiration of the Publisher’s participation in the D8ads network for so long as any claim may arise.
11. Term and Termination
These Terms shall enter into force on the date the Publisher accepts them, whether by registering an account, accessing the D8ads platform, or participating in any Campaign, and shall remain in effect until terminated in accordance with this Section.
The Publisher acknowledges and agrees that participation in the D8ads network is granted on a discretionary basis and that D8ads may, at its sole discretion, suspend or terminate the Publisher’s account, access to the platform, participation in any Campaign, or these Terms in whole or in part at any time, with or without cause, and with or without prior notice. Such termination or suspension may be implemented immediately where D8ads reasonably determines that the Publisher has breached these Terms, engaged in fraud or prohibited practices, violated applicable laws or Campaign conditions, posed a legal, regulatory, financial, or reputational risk to D8ads or any Advertiser, or where continued cooperation is no longer commercially or operationally viable.
The Publisher further acknowledges that D8ads may terminate these Terms or suspend the Publisher’s participation immediately in the event of suspected or confirmed fraud, manipulation of tracking systems, delivery of invalid or non-compliant Traffic, targeting of minors, misleading or deceptive promotional practices, failure to cooperate with investigations, provision of false or misleading information, or any other material breach of these Terms. In such cases, D8ads shall have no obligation to provide the Publisher with advance notice or an opportunity to cure.
The Publisher may terminate its participation in the D8ads network by providing written notice to D8ads and ceasing all promotional activities related to the network; however, such termination shall not relieve the Publisher of any obligations or liabilities accrued prior to the effective date of termination, nor shall it entitle the Publisher to any unpaid, pending, or estimated commissions.
Upon termination or suspension for any reason, the Publisher shall immediately cease all use of the D8ads platform, tracking links, Campaign materials, Confidential Information, and any representations of association with D8ads or Advertisers. Any rights granted to the Publisher under these Terms shall automatically and immediately terminate.
The Publisher expressly acknowledges and agrees that, upon termination or suspension, all unpaid, pending, or provisionally approved commissions may be withheld, reversed, or forfeited in accordance with these Terms, particularly where termination results from breach, fraud, prohibited practices, or compliance concerns. Termination shall not give rise to any obligation on the part of D8ads to make any further payments to the Publisher, nor to compensate the Publisher for any loss of expected commissions, business opportunities, or investments.
Termination or suspension of the Publisher’s participation shall be without prejudice to any rights or remedies available to D8ads at law or in equity, including the right to recover damages, enforce indemnification obligations, pursue set-off, or cooperate with Advertisers, regulators, platforms, or law enforcement authorities where appropriate.
All provisions of these Terms which by their nature or express wording are intended to survive termination or suspension shall survive, including without limitation provisions relating to confidentiality, data protection, payment withholding and forfeiture, limitation of liability, indemnification, governing law, and jurisdiction.
12. Governing Law and Jurisdiction
These Terms, any Campaign conditions, and any non-contractual obligations arising out of or in connection with them shall be governed by and construed in accordance with the laws of the jurisdiction in which the Publisher is duly incorporated or, in the case of an individual, has its principal place of residence, without regard to its conflict of laws principles.
The Parties irrevocably agree that, subject to the provisions of this Section, the competent courts of the jurisdiction of the Publisher’s incorporation, registered office, or principal place of residence shall have jurisdiction to settle any dispute, claim, or controversy arising out of or in connection with these Terms, the Publisher’s participation in the D8ads network, any Campaign, or any non-contractual obligations related thereto.
Notwithstanding the foregoing, the Publisher expressly agrees that D8ads shall have the right, at its sole discretion, to initiate legal proceedings in any court of competent jurisdiction where the Publisher is incorporated, resides, conducts business activities, maintains assets, or utilizes payment accounts, in each case for the purposes of enforcing these Terms, recovering damages, or collecting outstanding amounts. The exercise of such right by D8ads shall not limit or prejudice any other rights or remedies available to D8ads under these Terms or applicable law.
The Publisher hereby irrevocably waives any objection to the jurisdiction or venue of any such court on the grounds of forum non conveniens, lack of personal jurisdiction, or any similar doctrine, to the maximum extent permitted by applicable law.
13. Miscellaneous and Final Provisions
These Terms, together with any Campaign conditions, policies, guidelines, and documents expressly incorporated by reference, constitute the entire agreement between the Parties with respect to the Publisher’s participation in the D8ads network and supersede all prior or contemporaneous agreements, negotiations, representations, or understandings, whether written or oral, relating to such subject matter. The Publisher acknowledges that it has not relied on any representation, statement, or warranty not expressly set forth in these Terms.
D8ads reserves the right to amend, update, or modify these Terms at any time to reflect changes in law, regulatory requirements, network policies, business practices, or operational needs. Any such amendments shall become effective upon publication on the D8ads website. The Publisher’s continued participation in the D8ads network following the effective date of any such amendment shall constitute acceptance of the updated Terms.
The Publisher may not assign, transfer, sublicense, or otherwise dispose of any of its rights or obligations under these Terms, whether by operation of law, merger, change of control, or otherwise, without the prior written consent of D8ads. Any attempted assignment in violation of this provision shall be null and void. D8ads may freely assign or transfer these Terms, in whole or in part, to any affiliate or successor, without the Publisher’s consent.
Any failure or delay by D8ads in exercising any right, power, or remedy under these Terms shall not operate as a waiver thereof, nor shall any single or partial exercise of any such right preclude any other or further exercise thereof. Any waiver of a breach of these Terms shall be effective only if made expressly in writing by D8ads and shall not be deemed a waiver of any subsequent or continuing breach.
If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be deemed modified to the minimum extent necessary to make it enforceable, or, if modification is not possible, severed from these Terms, without affecting the validity or enforceability of the remaining provisions. The remaining provisions shall continue in full force and effect and shall be interpreted so as to best reflect the original intent of the Parties.
Nothing in these Terms shall be deemed to create any partnership, joint venture, agency, fiduciary, employment, or representative relationship between the Parties. The Publisher acts solely as an independent contractor and has no authority to bind D8ads or to make representations on its behalf.
Neither Party shall be liable for any failure or delay in the performance of its obligations under these Terms, other than payment-related obligations, to the extent such failure or delay results from events beyond its reasonable control, including but not limited to acts of God, war, terrorism, civil unrest, labor disputes, governmental actions, power failures, or interruptions of internet or communication services. The affected Party shall use reasonable efforts to mitigate the effects of any such force majeure event and to resume performance as soon as reasonably practicable.
Any notices or communications under these Terms shall be made electronically via email, through the D8ads platform, or by any other commercially reasonable means designated by D8ads. Notices shall be deemed received upon successful transmission or posting, as applicable.
Headings used in these Terms are for convenience only and shall not affect interpretation. References to the singular include the plural and vice versa, and references to any gender include all genders, as the context requires.
These Terms may be accepted electronically, including by click-through acceptance, platform registration, or electronic signature, and such acceptance shall have the same legal effect as an original handwritten signature.
These Publisher Terms & Conditions (the “Terms”) constitute a legally binding agreement between Digital Pro EOOD, a company duly incorporated and existing under the laws of Bulgaria, with its registered office at 24B Hadji Dimitar, Sofia, Bulgaria, operating as a “D8ads” (hereinafter referred to as “D8ads”, “Company”, “we”, “us”, or “our”), and any individual or legal entity applying to, accessing, or participating in the D8ads affiliate network as a publisher (hereinafter referred to as the “Publisher”, “you”, or “your”). D8ads and the Publisher may hereinafter be referred to individually as a “Party” and collectively as the “Parties”.
By registering an account, submitting an application, accessing the D8ads platform, or promoting any Campaign or Offer through the D8ads network, the Publisher confirms that it has read, understood, and agreed to be bound by these Terms in full.
1. Definitions and Interpretation
- 1.1. “Affiliate Network Services” means marketing, tracking, reporting, billing, and intermediary services provided by D8ads to facilitate performance-based advertising campaigns.
- 1.2. “Advertiser” means any legal entity or individual promoting dating, matchmaking, social networking, adult-oriented social discovery, or relationship-based digital products or services through the D8ads network.
- 1.3. “Campaign” means a specific advertising campaign, offer, promotion, or insertion order submitted by the Advertiser and approved by D8ads.
- 1.4. “Dating Offer” means any website, mobile application, landing page, or service intended to facilitate dating, communication, companionship, or social interaction between adult users.
- 1.5. “Publisher” means a third-party affiliate, media buyer, traffic partner, or distribution channel approved by D8ads to promote Campaigns.
- 1.6. “Traffic” means visitors, users, impressions, clicks, registrations, subscriptions, deposits, purchases, or other actions generated by Publishers.
- 1.7. “Qualified Action” means a valid action that meets all technical, qualitative, and compliance criteria as determined by D8ads and/or the Advertiser.
- 1.8. “Insertion Order” (“IO”) means any campaign-specific agreement, offer sheet, or commercial addendum executed between the Parties.
2. Role, Status and Limitations of D8ads
D8ads operates solely as an independent affiliate marketing network and technical intermediary, providing infrastructure, tracking, reporting, and facilitation services intended to connect Advertisers with independent third-party Publishers for the purpose of performance-based advertising. Nothing in these Terms shall be deemed or construed to create any partnership, joint venture, agency, fiduciary relationship, franchise, employment relationship, or any other form of legal association between D8ads and the Advertiser, between D8ads and any Publisher, or between the Advertiser and any Publisher. Each Party acts independently and on its own behalf, and neither Party has authority to bind the other in any manner.
D8ads does not act as an agent, broker, commercial representative, legal representative, or authorized intermediary of the Advertiser for any purpose whatsoever. D8ads has no authority to make representations, warranties, guarantees, commitments, or statements on behalf of the Advertiser, nor to enter into any agreement or assume any obligation in the Advertiser’s name or for the Advertiser’s benefit. The Advertiser acknowledges that D8ads does not solicit, negotiate, conclude, or administer any consumer-facing transactions and does not interact with end users on behalf of the Advertiser.
D8ads is not a party to, and expressly disclaims any responsibility for, any relationship, communication, transaction, subscription, payment, or dispute arising between the Advertiser and any end user of the Advertiser’s dating platforms or services. All obligations toward end users, including but not limited to disclosures, customer support, refunds, chargebacks, complaint handling, and compliance with consumer protection laws, remain solely and exclusively with the Advertiser. Under no circumstances shall D8ads be deemed a provider of dating services, a controller of user interactions, or a participant in any user relationship.
The Advertiser further acknowledges that D8ads does not own, operate, host, manage, control, supervise, or have any operational influence over the Advertiser’s websites, mobile applications, landing pages, software, dating platforms, moderation systems, payment flows, billing mechanisms, subscription models, pricing structures, user databases, or content policies. All technical, commercial, operational, and strategic decisions related to the Dating Offer are made independently by the Advertiser, and D8ads bears no responsibility for the outcomes of such decisions.
Publishers participating in the D8ads network act as independent third parties operating at their own discretion and risk. D8ads does not direct, control, or supervise the methods, tools, marketing strategies, traffic sources, or operational activities of Publishers and does not guarantee or endorse any Publisher’s conduct or performance. The Advertiser acknowledges and agrees that Publishers are not employees, contractors, agents, or representatives of D8ads, and that D8ads shall not be responsible for any acts or omissions of any Publisher.
The inclusion of any Advertiser, Campaign, or Offer within the D8ads network shall not constitute, and shall not be interpreted as, an endorsement, certification, approval, or verification by D8ads of the Advertiser’s business, legality, compliance status, content, user experience, or commercial practices. D8ads makes no representations or warranties regarding the legality, accuracy, quality, suitability, or regulatory compliance of any Dating Offer and does not guarantee the authenticity of user profiles, the behavior of users, or the outcomes of user interactions.
All services provided by D8ads are offered on an “as is” and “as available” basis. D8ads does not provide and expressly disclaims any guarantees or assurances regarding traffic volumes, traffic quality, conversion rates, engagement levels, revenue generation, profitability, or return on investment. The Advertiser acknowledges that performance-based advertising, particularly within the dating and social discovery vertical, involves inherent commercial, legal, and reputational risks, all of which are assumed solely by the Advertiser.
The Advertiser expressly acknowledges that dating and social interaction services may give rise to subjective user expectations, dissatisfaction, complaints, emotional distress claims, or regulatory scrutiny. D8ads shall not be responsible or liable for any claims, allegations, investigations, or disputes arising from user behavior, perceived authenticity of interactions, dissatisfaction with services, alleged misleading experiences, or any other issues inherent to dating platforms. D8ads does not provide legal, regulatory, or compliance advice and does not guarantee that any Campaign, Offer, or traffic source complies with applicable laws, advertising standards, platform rules, or regulatory requirements in any jurisdiction.
Under no circumstances shall D8ads be held responsible or liable for the acts or omissions of the Advertiser, any Publisher, any end user, or any third party. Any claims, liabilities, losses, damages, fines, penalties, or expenses arising out of or related to the Advertiser’s Dating Offer, business operations, content, user relationships, or regulatory exposure shall be borne exclusively by the Advertiser.
3. Advertiser Eligibility and Representations
By entering into these Terms and by submitting, approving, or operating any Campaign through the D8ads network, the Advertiser represents, warrants, and undertakes on a continuous basis that it is duly incorporated, validly existing, and in good standing under the laws of its jurisdiction of incorporation, and that it has full legal capacity, corporate authority, and all necessary licenses, permits, and approvals to conduct its business and to enter into and perform its obligations under these Terms. The Advertiser further represents that the individual accepting these Terms or executing any Insertion Order on its behalf is duly authorized to bind the Advertiser.
The Advertiser represents and warrants that all information, documentation, and materials provided to D8ads in connection with onboarding, campaign submission, compliance review, or ongoing cooperation are true, accurate, complete, current, and not misleading, and that such information fairly represents the nature, structure, ownership, and activities of the Advertiser and its Dating Offer. The Advertiser undertakes to promptly notify D8ads of any changes that may affect the accuracy or completeness of such information, including changes to corporate structure, ownership, control, business model, regulatory status, or the substance of the Dating Offer.
The Advertiser expressly represents and warrants that its Dating Offer, including all websites, applications, landing pages, creatives, onboarding flows, subscription mechanisms, and user communications, complies at all times with all applicable laws, regulations, and industry standards in each jurisdiction in which Traffic is generated or users are targeted. This includes, without limitation, compliance with consumer protection laws, advertising and marketing regulations, unfair commercial practices laws, age-restriction requirements, data protection and privacy laws, payment and subscription regulations, and any sector-specific rules applicable to dating, social discovery, or adult-oriented services. The Advertiser acknowledges that legal requirements may vary across jurisdictions and agrees that it bears sole responsibility for ensuring compliance in each applicable territory.
The Advertiser further represents and warrants that its Dating Offer is intended exclusively for adults and is strictly limited to users who are at least eighteen (18) years of age or the applicable age of majority in the relevant jurisdiction, whichever is higher. The Advertiser confirms that it has implemented and maintains appropriate age-gating, age-verification, and access control measures and that it does not knowingly target, solicit, depict, or permit minors to access, interact with, or be referenced in any aspect of the Dating Offer. Any breach of age-related obligations shall be deemed a material violation of these Terms.
The Advertiser represents and warrants that all marketing claims, representations, and user-facing statements relating to its Dating Offer are truthful, accurate, and not misleading, whether by action or omission. This includes, without limitation, representations regarding the nature of user profiles, the authenticity of interactions, the availability of features, the likelihood of communication or matches, pricing, subscription terms, auto-renewal mechanisms, cancellation rights, and any limitations affecting user experience. Where simulated profiles, moderators, automated interactions, or paid communication features are used, the Advertiser represents that all legally required disclosures are made clearly, prominently, and in a timely manner, and that no deceptive or manipulative practices are employed.
The Advertiser represents and warrants that it does not engage in, and shall not permit, any practices that could reasonably be considered deceptive, exploitative, or unfair, including but not limited to emotional manipulation, dark patterns, misleading onboarding flows, concealed charges, or artificial inducement of user spending through false representations. The Advertiser acknowledges that dating and social discovery services are subject to heightened regulatory scrutiny and undertakes to operate its Dating Offer in a manner that upholds consumer trust, transparency, and lawful conduct.
The Advertiser further represents and warrants that its Dating Offer, business operations, and marketing activities do not infringe or misappropriate any intellectual property rights, privacy rights, publicity rights, or other proprietary or personal rights of any third party, and that it has obtained all necessary rights, licenses, and consents to use any content, trademarks, images, data, or materials made available through the Offer or used in Campaigns.
The Advertiser represents and warrants that it is not subject to any ongoing investigation, enforcement action, regulatory proceeding, or material legal dispute that could reasonably be expected to affect its ability to perform under these Terms or that could pose a reputational, legal, or compliance risk to D8ads. The Advertiser undertakes to promptly inform D8ads of any governmental inquiry, regulatory notice, platform suspension, payment processor action, or material volume of consumer complaints, chargebacks, or refunds relating to the Dating Offer.
All representations, warranties, and undertakings set forth in this Section are deemed to be repeated on a continuous basis for the duration of the Parties’ relationship and shall survive the termination or expiration of these Terms to the extent necessary to give them effect. Any breach of this Section shall constitute a material breach of the Terms and shall entitle D8ads to suspend Campaigns, withhold Traffic, or terminate the relationship immediately, without prejudice to any other rights or remedies available under law or contract.
4. Dating-Specific Compliance Obligations
The Advertiser expressly acknowledges and agrees that dating, social discovery, and relationship-oriented digital services constitute a category of heightened regulatory, consumer protection, reputational, and payment-processing risk. In consideration of D8ads’ agreement to make its affiliate network and services available for the promotion of the Advertiser’s Dating Offer, the Advertiser undertakes to comply at all times with the enhanced compliance obligations set forth in this Section, in addition to all other obligations under these Terms.
The Advertiser represents, warrants, and undertakes that its Dating Offer is designed, marketed, and operated in a transparent, fair, and lawful manner, and that all material aspects of the user experience are disclosed clearly and prominently prior to any registration, subscription, or payment. The Advertiser shall ensure that users are not misled as to the nature of the service, the availability of features, the likelihood of communication or interaction, the identity or authenticity of user profiles, or the costs associated with using the Dating Offer. Any material limitation, restriction, or condition affecting user interaction, communication, or access to features shall be disclosed in a manner that is reasonably understandable to the average consumer.
The Advertiser further undertakes that any use of simulated profiles, chat moderators, automated interactions, artificial intelligence tools, or paid communication mechanisms is implemented strictly in accordance with applicable laws and regulatory guidance in the relevant jurisdictions. Where disclosure of such mechanisms is required or reasonably expected to avoid consumer deception, the Advertiser shall ensure that such disclosures are clear, unambiguous, and not obscured by design choices, user interface elements, or contractual fine print. The Advertiser acknowledges that failure to properly disclose such practices may result in regulatory action, consumer complaints, and reputational harm, for which D8ads shall bear no responsibility.
The Advertiser shall ensure that all subscription models, pricing structures, auto-renewal mechanisms, free trial conversions, cancellation processes, and refund policies associated with the Dating Offer comply fully with applicable consumer protection, e-commerce, and payment regulations. This includes, without limitation, clear presentation of pricing, billing frequency, renewal terms, and cancellation rights prior to payment, as well as the provision of accessible and effective customer support channels. The Advertiser acknowledges that deficiencies in subscription transparency or cancellation handling are a common source of chargebacks and regulatory scrutiny in the dating vertical and agrees to bear sole responsibility for any consequences arising therefrom.
The Advertiser further undertakes to ensure that its Dating Offer does not employ deceptive, manipulative, or exploitative practices, including but not limited to emotional manipulation, pressure tactics, dark patterns, misleading prompts, or artificial inducement of user spending through false or exaggerated representations of romantic interest or availability. The Advertiser acknowledges that dating services inherently involve subjective user expectations and emotional engagement and agrees to operate its Offer in a manner that does not unfairly exploit such factors.
The Advertiser shall ensure that all advertising creatives, landing pages, and promotional materials used in connection with Campaigns accurately reflect the Dating Offer and comply with applicable advertising laws, platform policies, and industry standards. The Advertiser acknowledges that creatives used by Publishers may be subject to review by regulators, platforms, and payment providers and agrees that any non-compliant or misleading materials may result in immediate suspension of Campaigns or termination of the relationship by D8ads.
The Advertiser further acknowledges that dating-related user data may be considered sensitive in nature and undertakes to process such data in strict compliance with applicable data protection laws, including the implementation of appropriate technical and organizational safeguards, lawful consent mechanisms, and data minimization practices. The Advertiser shall not use data obtained through Campaigns in a manner that is inconsistent with the disclosures made to users or the consents obtained, and shall not engage in unlawful profiling, data resale, or secondary use of dating-related personal data.
The Advertiser agrees to monitor, investigate, and address, in a timely and effective manner, any indicators of compliance risk associated with its Dating Offer, including elevated chargeback ratios, refund spikes, abnormal user behavior patterns, regulator or platform inquiries, or material volumes of consumer complaints. The Advertiser shall promptly inform D8ads of any such issues that could reasonably affect the performance, legality, or reputation of Campaigns operated through the D8ads network.
D8ads reserves the right, but not the obligation, to suspend, restrict, or terminate any Campaign or the Advertiser’s access to the network if D8ads reasonably determines that the Dating Offer poses a legal, regulatory, financial, or reputational risk, or if the Advertiser fails to comply with the obligations set forth in this Section. Any such action by D8ads shall not relieve the Advertiser of its obligations under these Terms, nor shall it give rise to any liability on the part of D8ads.
The obligations set forth in this Section are material to these Terms and shall survive termination to the extent necessary to address regulatory inquiries, consumer claims, or other matters arising from the operation or promotion of the Dating Offer.
5. Campaign Submission, Approval and Modification
Any Campaign, Offer, or promotional activity submitted by the Advertiser for distribution through the D8ads network is subject to prior review and approval by D8ads. The Advertiser acknowledges and agrees that no Campaign shall be deemed accepted, approved, or authorized unless and until D8ads has expressly confirmed such approval, whether through the execution of an Insertion Order, activation within the platform, or written confirmation by an authorized representative of D8ads. D8ads reserves the right to refuse, suspend, or delay approval of any Campaign at its sole discretion, without obligation to provide justification.
In submitting a Campaign, the Advertiser undertakes to provide complete, accurate, and up-to-date information regarding the Dating Offer, including its nature, functionality, user flow, targeting parameters, traffic restrictions, payout structure, acceptance criteria, and any material limitations or conditions affecting user experience. The Advertiser acknowledges that D8ads relies on the information provided by the Advertiser for compliance assessment, campaign setup, and Publisher guidance, and that any omission, inaccuracy, or misrepresentation may result in compliance risk, consumer harm, or reputational damage. The Advertiser shall bear full responsibility for any consequences arising from incomplete or misleading Campaign information.
The Advertiser acknowledges that Campaign approval by D8ads does not constitute, and shall not be construed as, a representation, warranty, or assurance that the Campaign, Dating Offer, or related materials are lawful, compliant, or suitable for any particular jurisdiction, platform, or traffic source. Approval by D8ads is strictly limited to a commercial and technical assessment for network purposes and does not relieve the Advertiser of its independent obligation to ensure full legal and regulatory compliance of the Campaign in all applicable territories.
D8ads reserves the right to require modifications to any aspect of a Campaign at any time, including but not limited to creatives, landing pages, disclosures, targeting parameters, traffic sources, payout terms, or acceptance criteria, where D8ads reasonably determines that such modifications are necessary to address compliance concerns, traffic quality issues, platform requirements, payment processor standards, or reputational risk. The Advertiser agrees to implement any such required modifications promptly and acknowledges that failure to do so may result in suspension or termination of the Campaign.
The Advertiser further acknowledges that Campaign conditions may evolve over time due to changes in law, regulatory guidance, platform policies, payment processor requirements, market conditions, or network risk assessments. D8ads reserves the right to unilaterally adjust Campaign requirements, restrictions, or operational parameters to respond to such changes, provided that such adjustments do not materially alter the agreed commercial terms without the Advertiser’s consent, unless required to mitigate legal, regulatory, or reputational risk.
D8ads may, at its discretion, limit the distribution of a Campaign to specific Publishers, traffic sources, geographies, devices, or promotional methods, or may exclude certain Publishers from promoting a Campaign altogether. The Advertiser acknowledges that such decisions are made in the interest of network integrity, traffic quality, and compliance and shall not give rise to any claim for lost opportunity, reduced volume, or expected performance.
The Advertiser further agrees that D8ads may suspend or pause any Campaign immediately, with or without prior notice, where D8ads reasonably believes that continued operation of the Campaign may result in legal exposure, regulatory scrutiny, elevated chargebacks, consumer complaints, platform sanctions, or reputational harm. Any such suspension or pause shall not constitute a breach of these Terms by D8ads and shall not relieve the Advertiser of its payment obligations for Qualified Actions generated prior to suspension, subject to applicable validation rules.
Any material changes to a Campaign initiated by the Advertiser, including changes to the Dating Offer, pricing, subscription mechanics, disclosures, targeting, or acceptance criteria, must be communicated to and approved by D8ads prior to implementation. The Advertiser acknowledges that unapproved changes may invalidate Campaign approval and may result in suspension, traffic rejection, or termination of the relationship.
The Advertiser acknowledges and agrees that the effective operation of the D8ads network requires a high degree of operational flexibility and discretion, and that D8ads’ rights under this Section are material to its decision to provide services. The exercise of such rights by D8ads shall not be deemed arbitrary or unreasonable where undertaken in good faith to protect network integrity, compliance, or reputation.
6. Traffic Acceptance, Validation and Payment Obligations
The Advertiser expressly acknowledges and agrees that Traffic generated and delivered through the D8ads network constitutes services duly rendered by D8ads in accordance with these Terms and the applicable Campaign conditions. Subject to the provisions of this Section, the Advertiser shall be obligated to pay for all Traffic and Qualified Actions delivered by D8ads in accordance with the applicable Insertion Order, reports, and invoices issued by D8ads, unless otherwise expressly agreed in writing by D8ads.
The Advertiser acknowledges that D8ads operates the network infrastructure, tracking systems, validation mechanisms, and quality control processes and that, unless expressly agreed otherwise in writing, the data, reports, and determinations generated by D8ads’ systems shall be final and binding for billing and payment purposes. The Advertiser shall not unilaterally reject, discount, withhold payment for, or otherwise dispute Traffic or Qualified Actions delivered by D8ads based on its own internal analytics, subjective quality assessments, post-conversion monetization results, or internal business metrics.
The Advertiser further acknowledges that performance-based advertising, particularly within the dating and social discovery vertical, inherently involves variability in user behavior, engagement, and monetization outcomes, and agrees that such variability shall not constitute grounds for refusal or reduction of payment. The Advertiser assumes full commercial risk associated with the performance, monetization, and lifetime value of users acquired through Campaigns operated via the D8ads network.
Any review, adjustment, discount, rejection, or reclassification of Traffic or Qualified Actions shall be permitted solely at the discretion of D8ads and only where D8ads expressly agrees, in writing, that such adjustment is justified based on objective evidence of fraud, material non-compliance with agreed Campaign terms, or other exceptional circumstances. The Advertiser expressly agrees that no Traffic shall be deemed invalid, non-payable, or subject to reversal unless and until D8ads has expressly confirmed such determination.
The Advertiser agrees that any concerns, observations, or objections relating to Traffic quality, user behavior, chargebacks, refunds, or compliance issues shall be communicated promptly to D8ads for review and discussion, and that any resolution shall be subject to D8ads’ assessment and written approval. The existence of chargebacks, refunds, user complaints, or regulatory inquiries shall not, in and of itself, entitle the Advertiser to suspend payments, offset amounts owed, or delay settlement of invoices issued by D8ads.
The Advertiser expressly waives any right to unilaterally set off, deduct, or withhold amounts payable to D8ads based on alleged Traffic quality issues, pending investigations, or unresolved disputes, unless such set-off or withholding has been expressly approved by D8ads in writing. All undisputed amounts invoiced by D8ads shall be paid in full and in accordance with the agreed payment terms, without delay or reduction.
The Advertiser further acknowledges that D8ads may, in its reasonable discretion, conduct post-delivery reviews of Traffic quality, compliance, and integrity for network protection purposes. Any such review shall not relieve the Advertiser of its payment obligations for Traffic already delivered, unless D8ads expressly determines otherwise. Where D8ads agrees to any adjustment, such adjustment shall be applied prospectively or by credit note, as determined by D8ads, and shall constitute the Advertiser’s sole and exclusive remedy.
The Advertiser acknowledges that timely and full payment for Traffic is a material condition of these Terms and that failure to comply with payment obligations constitutes a material breach. Without prejudice to any other rights or remedies, D8ads reserves the right to suspend Campaigns, withhold further Traffic, terminate the relationship, and pursue collection of outstanding amounts where the Advertiser fails to pay amounts duly invoiced in accordance with these Terms.
D8ads shall not be liable for any losses, reduced performance, commercial outcomes, or business impacts arising from the Advertiser’s obligation to pay for Traffic delivered in accordance with this Section, and the Advertiser agrees that this allocation of risk is a fundamental element of the Parties’ commercial arrangement.
7. Payments, Invoicing and Financial Terms
In consideration for the services provided by D8ads and the delivery of Traffic through the D8ads network, the Advertiser irrevocably agrees to pay all fees, charges, and amounts due in strict accordance with these Terms and the applicable Insertion Order. Invoices shall be issued on a monthly basis and shall be payable in full within thirty (30) calendar days from the end of the relevant calendar month to which the invoice relates (“Monthly Net 30”), irrespective of the invoice issuance date. All payment obligations of the Advertiser are absolute, unconditional, and irrevocable, and shall not be subject to any right of set-off, counterclaim, deduction, suspension, or withholding of any kind, whether statutory or otherwise, except where expressly approved in advance in writing by D8ads. Failure to make payment in accordance with this Section shall constitute a material breach of these Terms.
Unless otherwise expressly agreed in writing, D8ads shall issue invoices to the Advertiser on a periodic basis, as specified in the applicable Insertion Order, based on Traffic and Qualified Actions recorded by D8ads’ tracking and reporting systems. The Advertiser acknowledges and agrees that invoices issued by D8ads shall be deemed accurate and payable in full unless a specific, substantiated objection is raised in writing within five (5) calendar days from the invoice date. Any failure to raise such objection within this period shall constitute the Advertiser’s irrevocable acceptance of the invoice and a waiver of any right to dispute, challenge, or offset the amounts invoiced.
All invoices issued by D8ads shall be payable in full, without deduction or delay, within the payment term specified in the applicable Insertion Order. Time shall be of the essence with respect to all payment obligations. The Advertiser acknowledges that timely payment is a material condition of these Terms and a fundamental element of the Parties’ commercial relationship, particularly in light of D8ads’ obligation to settle amounts owed to Publishers.
The Advertiser expressly agrees that D8ads shall have the right, at its sole discretion and without prior notice, to set off, net, or otherwise apply any amounts owed by the Advertiser to D8ads against any amounts held by D8ads on behalf of the Advertiser, including but not limited to advance payments, prepaid balances, security deposits, credits, rebates, or any other funds received from the Advertiser. Such right of set-off may be exercised in connection with any unpaid, overdue, disputed, or outstanding amounts arising under these Terms, any Insertion Order, or any other agreement between the Parties, including amounts owed in respect of Traffic delivered, fees accrued, chargebacks, refunds, penalties, or damages.
All amounts payable under these Terms are exclusive of any value-added tax (VAT), sales tax, withholding tax, goods and services tax, or similar taxes, duties, or governmental charges, whether domestic or foreign, which shall be borne solely by the Advertiser, except to the extent that such taxes are required by applicable law to be withheld by D8ads. Where withholding is required by law, the Advertiser agrees to gross up the payment so that D8ads receives the full amount it would have received absent such withholding, unless otherwise agreed in writing.
The Advertiser shall bear all bank fees, transaction costs, currency conversion fees, intermediary bank charges, and other costs associated with the transfer of funds to D8ads. Payments shall be deemed received only when the full invoiced amount is credited to the bank account designated by D8ads, free and clear of any deductions.
In the event that the Advertiser fails to pay any amount when due, D8ads reserves the right, without prejudice to any other rights or remedies, to suspend Campaigns, withhold delivery of further Traffic, terminate the relationship, and pursue collection of all outstanding amounts. Any overdue amounts may, at D8ads’ discretion, accrue interest from the due date until paid in full at the maximum rate permitted by applicable law, or, if lower, at a commercially reasonable rate determined by D8ads.
The Advertiser further agrees to reimburse D8ads for all reasonable costs and expenses incurred in connection with the collection of overdue amounts, including but not limited to administrative costs, legal fees, court costs, enforcement costs, and fees of collection agencies, to the extent permitted by applicable law.
D8ads may, at its sole discretion and without obligation, require the Advertiser to make advance payments, provide a security deposit, reduce payment terms, or otherwise modify financial conditions where D8ads reasonably determines that the Advertiser presents an increased credit, compliance, or payment risk. Any such measures shall not be deemed a breach of these Terms and shall not relieve the Advertiser of its existing payment obligations.
The Advertiser acknowledges and agrees that D8ads shall have the right to apply any credits, adjustments, or agreed rebates solely as determined by D8ads and that any such credits shall constitute the Advertiser’s sole and exclusive remedy in respect of the relevant Traffic or Campaign. Under no circumstances shall the existence of a dispute, investigation, or review entitle the Advertiser to delay payment of undisputed amounts.
All payment obligations under this Section shall survive the termination or expiration of these Terms until all outstanding amounts owed to D8ads have been paid in full.
8. Data Protection and Privacy
The Parties acknowledge that, in connection with the operation of Campaigns and the delivery of Traffic through the D8ads network, personal data of end users may be processed. For the purposes of applicable data protection laws, including Regulation (EU) 2016/679 (General Data Protection Regulation, “GDPR”), the Advertiser acts as the data controller, and D8ads acts solely as a data processor, processing personal data strictly on behalf of and in accordance with the documented instructions of the Advertiser.
D8ads shall process personal data solely for the purpose of providing affiliate network, tracking, reporting, and related technical services under these Terms and shall not process personal data for its own independent purposes. The Advertiser remains solely responsible for determining the purposes and lawful bases of processing, providing all required privacy notices to data subjects, obtaining valid consents where required, and ensuring compliance with all applicable data protection and privacy laws.
The Advertiser acknowledges and agrees that detailed information regarding the scope, nature, purposes, and conditions of personal data processing, including categories of personal data, data subject rights, data retention, and security measures, is set out in the D8ads Privacy Policy and any applicable data processing terms incorporated therein, which form an integral part of the contractual framework between the Parties.
The current version of the D8ads Privacy Policy is available at:
[https://d8ads.com/privacy-policy]
(or such other URL as may be notified by D8ads from time to time).
The Advertiser undertakes to review the Privacy Policy carefully and to ensure that its own data protection practices, privacy notices, and instructions to D8ads are consistent with applicable law and do not conflict with the Privacy Policy. In the event of any inconsistency between these Terms and the Privacy Policy, the provisions of the Privacy Policy shall prevail with respect to data protection and privacy matters.
9. Intellectual Property and Brand Usage
Each Party retains all right, title, and interest in and to its respective intellectual property rights, including but not limited to trademarks, trade names, logos, service marks, domain names, copyrights, database rights, software, know-how, and other proprietary materials, whether registered or unregistered. Nothing in these Terms shall be construed as transferring, assigning, or granting any ownership rights in a Party’s intellectual property to the other Party, except as expressly provided herein.
The Advertiser represents and warrants that it owns, or has obtained all necessary rights, licenses, consents, and permissions to use, display, distribute, and authorize the use of any trademarks, logos, creatives, content, landing pages, applications, images, text, audio, video, or other materials provided to D8ads or used in connection with Campaigns. The Advertiser further represents that such materials do not infringe or misappropriate any intellectual property rights, publicity rights, privacy rights, or other proprietary rights of any third party.
For the duration of the Parties’ cooperation, the Advertiser grants D8ads a limited, non-exclusive, worldwide, royalty-free, and revocable license to use, reproduce, display, adapt, and distribute the Advertiser’s trademarks, logos, and promotional materials solely for the purposes of operating, managing, promoting, and administering Campaigns within the D8ads network. Such license shall automatically terminate upon termination of the Parties’ relationship, except to the extent necessary for reporting, record-keeping, or enforcement of rights accrued prior to termination.
The Advertiser acknowledges and agrees that D8ads may, at its discretion, review, modify, reject, remove, or require changes to any creatives, brand materials, or promotional content used in connection with Campaigns where D8ads reasonably determines that such materials present legal, compliance, platform, reputational, or network integrity risks. Any such action by D8ads shall not constitute an admission of responsibility for the content and shall not relieve the Advertiser of its obligations or liabilities in respect thereof.
Nothing in these Terms shall be construed as granting the Advertiser any right, license, or interest in or to the D8ads name, trademarks, logos, domain names, platform, software, or other proprietary assets. The Advertiser shall not use the D8ads name or brand in any public communication, marketing material, press release, or representation without the prior written consent of D8ads, except where such use is strictly necessary for the operation of an approved Campaign and has been expressly authorized by D8ads.
The Advertiser shall not register, use, or attempt to register any trademarks, domain names, social media accounts, applications, or other identifiers that are identical or confusingly similar to those of D8ads, nor shall it engage in any conduct that may dilute, tarnish, or otherwise harm the reputation or goodwill associated with the D8ads brand.
The Advertiser acknowledges that D8ads does not create, control, or own the Advertiser’s content, dating platforms, or promotional materials and shall not be liable for any claims, demands, or disputes arising from or relating to alleged infringement, misappropriation, or unlawful use of intellectual property by the Advertiser or any Publisher. The Advertiser agrees to indemnify and hold harmless D8ads against any such claims in accordance with these Terms.
All provisions of this Section shall survive termination of these Terms to the extent necessary to protect the intellectual property rights and legitimate interests of the Parties.
10. Confidentiality
Each Party acknowledges that, in the course of its relationship under these Terms, it may receive or otherwise obtain access to confidential, proprietary, or non-public information relating to the other Party, including but not limited to business operations, commercial terms, pricing, Campaign conditions, traffic data, performance metrics, technical information, software, documentation, trade secrets, know-how, strategies, customer or partner information, and any other information that is designated as confidential or that reasonably should be understood to be confidential by its nature or the circumstances of disclosure.
Each Party undertakes to keep all Confidential Information strictly confidential and to use such Confidential Information solely for the purpose of performing its obligations and exercising its rights under these Terms. Confidential Information shall not be disclosed, in whole or in part, to any third party without the prior written consent of the disclosing Party, except to the extent that such disclosure is required for the proper performance of these Terms and is made to employees, officers, professional advisers, or contractors who have a legitimate need to know such information and who are bound by confidentiality obligations no less protective than those set forth herein.
The receiving Party shall take all reasonable measures to protect the confidentiality and security of the Confidential Information and to prevent unauthorized access, disclosure, or use. Such measures shall be no less protective than those the receiving Party applies to its own confidential information of a similar nature. The receiving Party shall remain responsible for any breach of confidentiality by persons to whom it has disclosed Confidential Information in accordance with these Terms.
Confidential Information shall not include information that the receiving Party can demonstrate was lawfully known to it prior to disclosure, is or becomes publicly available through no fault of the receiving Party, is lawfully received from a third party without restriction, or is independently developed by the receiving Party without reference to or use of the Confidential Information. The burden of proving the applicability of any such exception shall rest with the receiving Party.
A Party may disclose Confidential Information to the extent required by applicable law, regulation, court order, or governmental authority, provided that, where legally permissible, the receiving Party gives the disclosing Party prompt written notice of such requirement and cooperates reasonably to limit the scope of disclosure and to seek confidential treatment of the disclosed information.
Upon termination or expiration of these Terms, or upon the disclosing Party’s written request, the receiving Party shall promptly cease using the Confidential Information and shall either return or destroy such Confidential Information, including all copies thereof, except to the extent that retention is required by applicable law or for legitimate internal record-keeping, compliance, audit, or enforcement purposes. Any retained Confidential Information shall remain subject to the confidentiality obligations set forth herein.
The obligations set forth in this Section shall survive the termination or expiration of these Terms for a period of two (2) years, or for so long as the Confidential Information remains confidential under applicable law, whichever is longer. Each Party acknowledges that unauthorized disclosure or use of Confidential Information may cause irreparable harm for which monetary damages may be an insufficient remedy, and agrees that the disclosing Party shall be entitled to seek injunctive or equitable relief in addition to any other remedies available at law or in equity.
11. Disclaimers and Limitation of Liability
The Advertiser expressly acknowledges and agrees that the services provided by D8ads are limited to the operation of an affiliate marketing network and the technical facilitation of Campaigns and Traffic, and that such services are provided strictly on an “as is” and “as available” basis. To the maximum extent permitted by applicable law, D8ads makes no representations, warranties, or guarantees of any kind, whether express, implied, statutory, or otherwise, including without limitation any implied warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, completeness, uninterrupted availability, or error-free operation.
Without limiting the foregoing, D8ads does not warrant or guarantee any particular volume, quality, source, performance, or outcome of Traffic, any conversion rates, engagement levels, revenues, profitability, or return on investment, nor does D8ads warrant that any Campaign, Dating Offer, or Traffic source will comply with all applicable laws, regulations, platform policies, or payment provider requirements. The Advertiser acknowledges that all commercial decisions relating to Campaigns, including pricing, monetization, user experience, and regulatory positioning, are made independently by the Advertiser and at its sole risk.
To the maximum extent permitted by applicable law, D8ads shall not be liable for any indirect, incidental, consequential, special, exemplary, or punitive damages, including without limitation loss of profits, loss of revenue, loss of business opportunity, loss of data, reputational harm, or any other economic or non-economic loss, whether arising in contract, tort (including negligence), strict liability, or otherwise, even if D8ads has been advised of the possibility of such damages.
Without limiting the generality of the foregoing, D8ads shall not be liable for any claims, losses, damages, or liabilities arising out of or relating to user behavior, user dissatisfaction, emotional distress, perceived authenticity of dating interactions, consumer complaints, chargebacks, refunds, payment processor actions, platform suspensions, regulatory investigations, or enforcement actions connected with the Advertiser’s Dating Offer or business operations.
To the extent that D8ads is found liable notwithstanding the foregoing disclaimers, the aggregate liability of D8ads arising out of or relating to these Terms, any Insertion Order, or the Parties’ relationship, whether in contract, tort, or otherwise, shall be strictly limited to the total amounts actually paid by the Advertiser to D8ads during the three (3) months immediately preceding the event giving rise to the claim. Such limitation shall apply cumulatively and not per incident.
The Advertiser acknowledges and agrees that the allocation of risk set forth in these Terms reflects a fair and reasonable allocation of commercial risk between the Parties, taking into account the nature of the services, the fees charged, and the role of D8ads as an intermediary affiliate network. The Advertiser further agrees that the limitations of liability set forth herein are an essential basis of the bargain between the Parties and that D8ads would not enter into these Terms without such limitations.
Nothing in these Terms shall exclude or limit liability to the extent that such exclusion or limitation is prohibited by applicable law; however, in all such cases, D8ads’ liability shall be limited to the maximum extent permitted by law.
The provisions of this Section shall survive termination or expiration of these Terms.
12. Indemnification
The Advertiser agrees to indemnify, defend, and hold harmless D8ads, its affiliates, directors, officers, employees, agents, contractors, and representatives from and against any and all claims, demands, actions, proceedings, investigations, liabilities, damages, losses, fines, penalties, costs, and expenses, including reasonable legal fees and expenses, arising out of or relating to the Advertiser’s Dating Offer, business operations, Campaigns, or any breach or alleged breach of these Terms.
Without limiting the generality of the foregoing, the Advertiser’s indemnification obligations shall apply to any claims, investigations, or enforcement actions arising from or relating to the content, operation, marketing, or promotion of the Dating Offer, including but not limited to allegations of misleading or deceptive practices, unfair commercial practices, insufficient disclosures, improper subscription or billing mechanisms, violations of consumer protection laws, emotional distress claims, or complaints regarding the authenticity of interactions or user profiles. The Advertiser expressly acknowledges that such risks are inherent to the dating and social discovery vertical and agrees to bear sole responsibility for all consequences arising therefrom.
The Advertiser further agrees to indemnify and hold harmless D8ads from any claims, liabilities, or damages arising out of or relating to violations or alleged violations of applicable laws, regulations, or industry standards, including without limitation advertising laws, data protection and privacy laws, payment and subscription regulations, age-restriction requirements, and platform or payment provider rules. This includes, without limitation, any claims or penalties imposed by regulators, supervisory authorities, app stores, payment processors, or self-regulatory bodies in connection with the Advertiser’s Dating Offer or Campaigns.
The Advertiser shall also indemnify and hold harmless D8ads from any claims alleging infringement or misappropriation of intellectual property rights, privacy rights, publicity rights, or other proprietary or personal rights arising from the Advertiser’s content, creatives, branding, landing pages, applications, or other materials used in connection with Campaigns, regardless of whether such materials were created or distributed by the Advertiser or by Publishers.
The Advertiser’s indemnification obligations shall further extend to any claims, losses, or liabilities arising from acts or omissions of the Advertiser’s employees, contractors, agents, service providers, or end users, as well as any acts or omissions of Publishers to the extent such acts or omissions relate to the Advertiser’s Campaigns, creatives, instructions, or materials.
D8ads shall promptly notify the Advertiser of any claim subject to indemnification; provided, however, that any failure or delay in providing such notice shall not relieve the Advertiser of its indemnification obligations except to the extent that such failure materially prejudices the Advertiser’s ability to defend the claim. The Advertiser shall assume full control of the defense and settlement of any indemnified claim, provided that the Advertiser shall not settle any claim in a manner that imposes any admission of liability, obligation, or restriction on D8ads without D8ads’ prior written consent, which shall not be unreasonably withheld.
D8ads reserves the right, at its own expense, to participate in the defense of any indemnified claim with counsel of its choosing. The Advertiser agrees to cooperate fully with D8ads in the defense and resolution of any such claim and to provide all information and assistance reasonably requested.
The indemnification obligations set forth in this Section are independent of, and shall not be limited by, any limitation of liability or exclusion of damages contained elsewhere in these Terms and shall survive the termination or expiration of these Terms for so long as any claim may arise.
13. Term and Termination
These Terms shall enter into force on the date the Advertiser accepts them, whether electronically, by execution of an Insertion Order, and shall remain in effect until terminated in accordance with this Section.
Either Party may terminate these Terms for convenience by providing the other Party with 30 days` prior written notice. Termination for convenience shall not affect any rights, obligations, or liabilities accrued prior to the effective date of termination.
Notwithstanding the foregoing, D8ads may terminate these Terms, any Insertion Order, or any Campaign immediately and without prior notice if D8ads reasonably determines that the Advertiser has breached these Terms, failed to comply with applicable laws or regulations, failed to make any payment when due, provided false or misleading information, engaged in conduct that poses legal, regulatory, financial, reputational, or operational risk to D8ads, or if the Advertiser’s Dating Offer becomes subject to regulatory scrutiny, platform sanctions, payment processor actions, or a material volume of consumer complaints or chargebacks. Any such termination shall be effective immediately upon notice or, where notice is not practicable, upon cessation of Campaign activity by D8ads.
Upon termination or expiration of these Terms for any reason, all Campaigns shall immediately cease, and the Advertiser shall promptly discontinue any use of the D8ads network, platform, name, or materials. Termination shall not relieve the Advertiser of its obligation to pay all amounts accrued, invoiced, or otherwise due and payable to D8ads as of the effective date of termination, including amounts relating to Traffic delivered prior to termination or generated as a result of Campaign activity conducted before termination.
D8ads reserves the right to withhold further Traffic, suspend access to the platform, and apply any available credits, advance payments, or prepaid balances toward outstanding amounts owed by the Advertiser in accordance with these Terms. Any outstanding invoices shall become immediately due and payable upon termination, unless otherwise expressly agreed in writing by D8ads.
Termination of these Terms shall be without prejudice to any rights or remedies available to either Party at law or in equity. All provisions which by their nature or express terms are intended to survive termination or expiration shall survive, including without limitation provisions relating to payment obligations, set-off, confidentiality, data protection, intellectual property, disclaimers, limitation of liability, indemnification, governing law, and jurisdiction.
The termination of these Terms shall not be construed as a waiver of any breach occurring prior to termination, nor shall it limit D8ads’ right to pursue collection of outstanding amounts, enforcement of its rights, or compensation for damages arising from the Advertiser’s breach.
14. Governing Law and Jurisdiction
These Terms, any Insertion Order, and any non-contractual obligations arising out of or in connection with them shall be governed by and construed in accordance with the laws of the jurisdiction in which the Advertiser is duly incorporated or has its principal place of business, without regard to its conflict of laws principles.
The Parties irrevocably agree that, subject to the provisions of this Section, the competent courts of the jurisdiction of the Advertiser’s incorporation or principal place of business shall have jurisdiction to settle any dispute, claim, or controversy arising out of or in connection with these Terms, any Insertion Order, the Parties’ relationship, or any non-contractual obligations related thereto.
Notwithstanding the foregoing, the Advertiser expressly agrees that D8ads shall have the right, at its sole discretion, to initiate legal proceedings for the recovery of outstanding payments, enforcement of payment obligations, or protection of its legitimate interests in any court of competent jurisdiction where the Advertiser is incorporated, has its principal place of business, holds assets, or conducts business activities. The exercise of such right by D8ads shall not limit or prejudice any other rights or remedies available to D8ads under these Terms or applicable law.
The Advertiser hereby irrevocably waives any objection to the jurisdiction or venue of any such court on the grounds of forum non conveniens or any similar doctrine, to the maximum extent permitted by applicable law.
15. Miscellaneous and Final Provisions
These Terms, together with any applicable Insertion Orders, policies, guidelines, and documents expressly incorporated by reference, constitute the entire agreement between the Parties with respect to the subject matter hereof and supersede all prior or contemporaneous agreements, negotiations, understandings, representations, or communications, whether written or oral, relating to such subject matter. No reliance is placed on any statement, representation, or warranty not expressly set forth herein.
D8ads reserves the right to amend, update, or modify these Terms from time to time to reflect changes in law, regulatory requirements, business practices, or network operations. Any such amendments shall become effective upon publication on the D8ads website. The Advertiser’s continued use of the D8ads network or participation in any Campaign following the effective date of such amendments shall constitute acceptance of the updated Terms.
The Advertiser may not assign, transfer, novate, or otherwise dispose of any of its rights or obligations under these Terms, whether by operation of law, merger, change of control, or otherwise, without the prior written consent of D8ads. D8ads may assign or transfer these Terms, in whole or in part, to any affiliate or successor without the Advertiser’s consent, provided that such assignment does not materially reduce the Advertiser’s rights under these Terms.
Any failure or delay by D8ads in exercising any right, power, or remedy under these Terms shall not operate as a waiver thereof, nor shall any single or partial exercise of any such right preclude any other or further exercise thereof. Any waiver of a breach of these Terms must be expressly made in writing and shall not be deemed a waiver of any subsequent breach.
If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be deemed modified to the minimum extent necessary to make it enforceable, or, if modification is not possible, severed from these Terms, without affecting the validity or enforceability of the remaining provisions. The Parties agree that the remaining provisions shall continue in full force and effect and shall be interpreted so as to best reflect the original intent of the Parties.
Neither Party shall be liable for any failure or delay in the performance of its obligations under these Terms, other than payment obligations, to the extent such failure or delay results from events beyond its reasonable control, including but not limited to acts of God, war, terrorism, civil unrest, labor disputes, governmental actions, power or network failures, or interruptions of internet or communication services. The affected Party shall use reasonable efforts to mitigate the effects of any such force majeure event and to resume performance as soon as reasonably practicable.
Any notices or communications required or permitted under these Terms shall be made in writing and shall be deemed duly given when delivered electronically via email to the contact details designated by the Parties, through the D8ads platform, or by any other commercially reasonable means agreed between the Parties. D8ads may update its contact details by notice to the Advertiser.
The Parties acknowledge and agree that they are acting as independent contractors and that nothing in these Terms shall be deemed to create any partnership, joint venture, agency, fiduciary, or employment relationship between them. Neither Party shall have authority to bind the other or to incur obligations on the other’s behalf.
Headings used in these Terms are for convenience only and shall not affect the interpretation of the provisions. References to the singular include the plural and vice versa, and references to one gender include all genders, as the context requires.
These Terms may be executed or accepted electronically, including by click-through acceptance or electronic signature, and such acceptance shall have the same legal effect as an original handwritten signature.
