Definition of the parties involved:
LeadSpark Oy, VAT ID: FI-27754355 (hereinafter referred to as LeadSpark)
Publisher interface: Extranet where publishers can get access to LeadSpark campaigns, URL's, prices, statistics and payment information from LeadSpark
Publisher: Publisher in possession of marketing inventory in one or more digital media, for instance, e-mail newsletters, websites, blogs, or other.
Advertising clients: LeadSpark’s clients that collect leads through LeadSpark campaigns and surveys.
These conditions regulate the cooperation between LeadSpark and the publisher participating in LeadSpark campaigns. In the cooperation, publisher promotes marketing campaigns to create value for the publisher, LeadSpark, and the advertising clients that LeadSpark serve, using digital advertising in digital media. LeadSpark provides the publisher access to campaigns, prices, statistics, payment information, and other business sensitive data through the LeadSpark publisher interface.
All information available in the publisher Interface including (but not limited to) prices, campaigns, recommendations and statistical data, are for the publisher’s internal use only. This information, and the publisher account details that the publisher receives from LeadSpark, is strictly confidential and must not in any way be abused, shared, or handed over to third parties. Neither during the cooperation or after the cooperation is terminated.
Publisher is solely responsible for providing LeadSpark with the complete, correct and updated contact and company information. This includes, but not limited to Business registration number, bank account and tax-number. In case of any change in the ownership of the publisher company or change of bank-account to which payments shall be transferred, the publisher is obliged to inform LeadSpark immediately.
The number of clicks, leads, revenue share (or any kind of conversion/activity/response) that publisher will receive commission for, are the number measured by LeadSpark and listed in LeadSpark publisher interface, see also § 5 - Conditions for payment. The number ofclicks, leads, or revenue share (or any kind of conversion/activity/response) publisher has generated will be validated and regulated on an ongoing basis.
LeadSpark will calculate and pay publisher commission for executed campaigns on a monthly basis. Payment will occur when LeadSpark receives payment from the advertising clients. The amount will be calculated after every month, and a payment note will be generated. The Payment note is the basis for the publisher payment. Hereafter, LeadSpark will make payment to the publisher.
Monthly payment is conditional upon that the amount is above the monthly limit. Limit vary according to country and currency and will be specified for each country. The level is approx. 150 EUR. Amounts below the level for the specific country will be accumulated until the publisher-payment is above the level. The Publishers commission for a specific action (conversion, lead or similar) is available online in the LeadSpark publisher interface. The commissions are limited according to any budget for the campaigns. LeadSpark cannot make guarantees for payment from advertising clients. If a client is unwilling or unable to pay LeadSpark for the advertising, LeadSpark has the right to negotiate a reduced payment with the client, and publisher will get compensated accordingly. Payments to publisher are valid and approved by publisher unless written objection is raised within 10 working days from payment. LeadSpark has the right to transfer rights and obligations to other parts/companies.
The publisher is responsible for executing advertising activity through LeadSpark within the limits of national legislation in the respective countries, and not to violate third party’s property rights, including intellectual property. It is strictly prohibited for the publisher to display LeadSpark advertising material together with content (or in a context) that in any way can be considered as having an erotic, pornographic, offending, racist, illegal or violent character (judged by LeadSpark). Publisher is furthermore neither permitted to display or run LeadSpark campaigns in connection with marketing methods and/or software that in any way can be regarded as having one or more of the following characteristics (judged by LeadSpark): Malware, ad-ware, spy-ware, computer virus, trojan horses, browser hijacking (or similar programs), SPAM/unsolicited email). In addition to this, LeadSpark does not accept direct linking to the campaigns from search engines, "Pay per click" incitements, surveys/questionnaires, bonus/reward-programs for response, etc., towards the users from which the response are collected, unless a specific permission for this is given by LeadSpark. Direct marketing through 3. party media such as search engines, social media etc., is restricted. However, on some campaigns it will be allowed. In that case, information will be specified on the campaign in the publisher interface. If publisher promotes LeadSpark campaigns in e-mail based marketing, the national legislation regarding unsolicited e-mailing and the GDPR from EU has to be adhered to. The publisher is solely and fully responsible to ensure full compliance with national legislation and GDPR, and ensure active, positive and explicit permissions from the users when promoting campaigns through direct marketing activities, for example e-mail, SMS or other. LeadSpark cannot be held responsible for Publisher's violation of national or international legislation, including the GDPR. Publisher is also solely responsible for any legal liability arising out of (or relating to) the content in the publisher's media(s) or any material or content that the users can link to through publisher's media(s), or GDPR violations.
Publisher is solely responsible for handling any inquiries, complaints or legal actions from users/consumers or LeadSpark Advertisers, arising out of publishers activities through LeadSpark. In any cases of this kind, LeadSpark will handle over Publisher contact details and publisher will be responsible for own actions.
When promoting Leadspark campaigns, the publisher is not permitted to change the advertising material in any way, without specific written permission from LeadSpark. It is strictly forbidden for publisher to violate third party property rights (including intellectual property) in any way, or copyright and must observe international copyright claims. This includes texts, design, shape, or size of the campaign material. Furthermore, it is not allowed to produce additional advertising material to the campaigns, without specific permission from LeadSpark.
LeadSpark is not liable for any losses for publisher caused by the cooperation with LeadSpark. This include losses because of malfunction of LeadSpark or third party websites, internet-services, software, hardware or technical problems with the Internet. This also includes accidental wrongful information about prices, campaign budgets and/or time limitations.
Any attempt to generate fake, invalid or fraudulent leads, orders, sales or any other kind of response to generate commission on an incorrect basis, will result in an immediately exclusion from the LeadSpark campaign. The same applies for any attempt to manipulate LeadSpark publisher Interface in any manner, hereunder performance data and registration of impressions, clicks, leads and/or sales. Publisher is subject for full liability in case of fraud, cheats or manipulation on campaigns or promotion activities on the campaigns.
LeadSpark will register and store IP number and other registration-data on the users responding to campaigns run through LeadSpark. LeadSpark will on these matters fully comply with the European GDPR. The data can be used for validation of lead-registration and optimization of the advertising. All publisher logins are monitored.
The cooperation is ongoing until terminated by one of the parties. When terminated without cause, there will be 3 working days advance notice. If terminated for cause, the termination will have instant effect. All remaining credit for affiliate will be paid out on request, see also § 5 - Conditions for payment. Notice of termination may be communicated via e-mail or written paper and will have immediate effect. The reason for termination does not have to be explained. After having received termination notice from LeadSpark, publisher agrees to stop promoting and display ads from LeadSpark immediately. This includes, but is not limited to, removal of LeadSpark advertisements/banners, links, codes, etc. in all publishers media, including e-mail based media. In cases where LeadSpark promotes campaigns on behalf of the publisher, LeadSpark has the right to set off amounts due, in the publisher's revenue. LeadSpark shall have reasonable time to fulfill eventual obligations towards the publisher. LeadSpark has the right to transfer rights and obligations according to this agreement, to other parts/companies.
This contract is regulated by Finnish law. In case of disputes, both parties will try to solve them in a peaceful and respectful manner. The place of jurisdiction in regard to disputes on the basis of this contract is the district court of Helsinki (Finland), where all eventual disputes shall be solved.
The conditions for LeadSpark campaigns are available at any time for the publisher in the LeadSpark publisher interface. The conditions can be changed and/or extended by LeadSpark according to customer needs or demands, development in the industry and/or national legislative conditions. By entering the cooperation, the publisher accepts the terms and conditions for LeadSpark publisher interface.