Last updated: 2025/01/16
This OTAN.CC Terms of Service ("Agreement") entered by and between OTAN.CC, a company incorporated under the laws of [Your Jurisdiction] having its registered address at [Your Address] and You ("Publisher"), i.e. you or any other person or entity identified in any Service account on whose behalf you are authorized to act constitutes the terms and conditions for Your use of the OTAN.CC advertising technology.
By creating an account in OTAN.CC for accessing its services, or by otherwise accessing or using any of the services, You agree that You have the authority to bind and You agree to be bound by the terms of this agreement. If You do not agree to the terms of this Agreement, do not create an account, or access or use any Service. This Agreement does not alter in any way the terms of conditions of any other agreement You may have with OTAN.CC for products, services or otherwise.
Now, therefore in consideration of the mutual promises contained herein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, OTAN.CC and Publisher are each a "Part" and, collectively the "Parties". The Parties hereby agree as follows:
All capitalized terms used in the Agreement and any exhibit attached to the Agreement have the meaning set forth below. All definitions shall apply both to their singular or plural forms, as the context may require.
means any activity defined by the Advertiser as a result of gamer interaction within the engagement window.
means the Network units or graphical elements allowed by Publisher where Ads can be incorporated by OTAN.CC. These may include splash screens, powerups, obstacles, backgrounds, objects, characters and any other unit within the game which the Publisher can allow to put advertisement textures on.
means any advertiser, advertising agency, sponsor, promotional partner, media buying service or other similar entity that, whether directly or through its advertising agency, promotes itself, its brands or its products or services.
means this Agreement and any exhibits and schedules attached hereto, as the same may be amended, supplemented or modified in accordance with the terms hereof.
The publisher is a partner and hereby grants to OTAN.CC the right, licenses and privilege to sell Advertising to be displayed on the Publisher's Network within geographies and clients agreed with the publisher.
Publisher will cooperate with OTAN.CC in the establishment of Advertising rates, notwithstanding the foregoing; Publisher may, in its sole and absolute discretion, set a minimum CPM rate.
Publisher will provide OTAN.CC with certain necessary and commercially reasonable sales and marketing resources reasonable required to support new advertising recommendations and demonstrations for soliciting ad sales for the Network. For example, this may include DAU figures and demographic information.
Publisher grants to OTAN.CC the right to use the Publisher's logo on OTAN.CC's website and also to use the Publisher's website or app or game screenshots as a marketing resource.
Publishers may only reject and block categories of advertising content showcased by OTAN.CC on its network. The publisher understands that it may take up to 48 hours to completely pause the ads from the blocked category once the request is made to OTAN.CC.
Publisher will not include or provide via the Networks any material that is or may be considered: (a) libellous, pornographic, obscene or defamatory under any applicable law or in any jurisdiction in which a user resides; (b) an infringement of any third party's intellectual property rights (including copyright, patent, trademark, trade secret or other proprietary rights); (c) an infringement on any third party's rights of publicity or privacy; or (d) contain any viruses or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.
Publisher and OTAN.CC expressly agree that they are independent contractors and do not intend for this Agreement to be interpreted as an employment, agency, joint venture or partnership relationship between Publisher and OTAN.CC. This Agreement and each Party's rights, duties and obligations hereunder are personal to Party and may not be assigned, delegated or otherwise transferred by any Party, or by operation of law, without the other Party's prior written consent. No waiver of any provision of this Agreement shall be effective, except pursuant to a written instrument signed by the Party waiving compliance. Neither Party shall be liable for any failure or delay in its performance under this Agreement due to any event or circumstance beyond its anticipation and control, provided that the Party claiming force majeure gives the other Party prompt notice of such cause and uses its reasonable commercial efforts to promptly correct such failure or delay in performance.
This Agreement shall be governed by the laws of the State of [Your Jurisdiction], and the courts of [Your Jurisdiction] shall have exclusive jurisdiction. If any provision of this Agreement shall be adjudged by a court of competent jurisdiction to be void, such provision shall apply with such modifications as may be necessary to make it valid and effective and the validity, legality, and enforceability of the remaining provisions shall not be affected or impaired. This Agreement and all exhibits and schedules attached hereto constitute the entire agreement of the Parties with respect to the subject matter hereof and supersede all (a) prior written agreements and understandings, (b) prior or contemporaneous oral agreements and understandings, and (c) terms and conditions contained in shrink-wrap or click-through licenses or web-posted terms and conditions. This Agreement may not be amended or modified except by a written signed by the Parties. This Agreement may be executed in counterparts, each of which shall be an original, and all of which together shall constitute one and the same instrument. Any notice or other communication required or permitted to be given hereunder shall be given in writing, properly addressed and delivered to the intended recipient and shall be deemed effective upon receipt.
If you have any questions about these Terms of Service, please contact us at [email protected].
