Translink Enterprises Limited Advertisers Terms and Conditions

Please read these Terms and Conditions ("Agreement", "Terms and Conditions") carefully before using our website operated by Translink Enterprises Limited ("the Company", "us", "we", or "our"). This Agreement sets forth the legally binding terms and conditions for your use of our website.
By accessing or using our website in any manner, including but not limited to visiting or browsing our website, or using any of the services provided by the Company, you agree to be bound by these Terms and Conditions. Capitalized terms are defined in this Agreement.
Our company, Translink Enterprises Limited, is a full-service advertising agency that provides advertising and marketing consulting services, mass media market analysis, and buying advertising space.
You, the Advertiser, are a person or entity identified as the advertiser in the associated Advertising Placement Insertion Order(s), and you have contracted with or are able to contract with the Company’s platform via the registration form, to commercialize all or part of the advertising space on the site(s) that you publish. The Parties have concluded this Agreement as follows:

The following terms have the meanings specified below:
1.1. “The Advertiser” refers to the individual or entity identified as the advertiser in the associated Advertising Placement Insertion Order(s).
1.2. “Advertising Placement Insertion Order” is a written authorization to display an advertisement or to broadcast a commercial. It is a purchase order that The Advertiser issues for the Company's advertising services.
1.3. “Advertising” means text-based, graphical, interactive, rich media, video, or any other online advertisements, including banners, buttons, pop-ups, pop-unders, and video advertisements without limitation.
1.4. “Publisher” refers to all owners of websites that display advertising through the Company's advertising platform.

2.1. Mutual Representations, Warranties and Covenants.
Each party involved in this Agreement represents, warrants, and covenants to the other party that:
2.1.1. The implementation of this Agreement and the execution of its binding obligations and duties by such party, to the extent set forth under this Agreement, will not violate any agreement to which it is a party or by which it is otherwise bound.
2.1.2. When performed by such party, this Agreement will constitute the legal and binding obligation of such party, enforceable against such party in accordance with its representations, warranties, terms, and conditions.
2.2. The Advertiser’s Representations, Warranties and Covenants.
2.2.1. The Advertiser is responsible for providing the correct and relevant documents and personal information upon request, including but not limited to identification card or a passport. The Advertiser acknowledges and accepts that Translink Enterprises Limited has the right to refuse, reject or suspend the account, campaigns, or payment in its sole and absolute discretion in case submitted documents were not provided or were containing counterfeit documents and false personal information.
2.2.2. The Advertiser has and will have all necessary rights for its Advertising to be delivered to Publisher Websites through the Company’s networking platform.
2.2.3. No claim has been made that the Advertiser does or may not have any right with respect to the Advertising.
2.2.4. The Advertising placed by the Advertiser will not:
i) infringe the intellectual property rights, rights of privacy or any other rights whatsoever of any third party;
ii) be false, deceptive, misleading, unethical, unlawful, defamatory, libelous, threatening, harassing, hateful, or discriminating;
iii) launch auto-install executable pop-ups, ActiveX, hidden browser windows, prompted executable or other questionable media content;
iv) cause disruption to any computer, computer system, network and shall be free from viruses or malicious code.
The Advertiser’s Advertising will:
v) comply with all applicable laws and regulations of the Cyprus;
vi) where an advertisement includes a competition, prize draw or similar promotion, comply with, and the competition, prize draw or promotion shall be conducted by the Advertiser, in accordance to all applicable laws and regulations, and the Advertiser shall be responsible for the provision of all prizes.
2.2.5. The Advertiser and advertising representatives are fully responsible for the content of the advertisement. Upon ordering an advertisement, the Advertiser agrees to reimburse and compensate Translink Enterprises Limited for any court costs incurred in the event of a lawsuit that may result due to the content of the Advertiser’s advertisements.

Translink Enterprises Limited and the Advertiser acknowledge that this Agreement does not create an exclusive relationship between them, and Translink Enterprises Limited may represent other advertisers.

In the event of any dispute arising out of or relating to this Agreement, the Advertiser's sole remedy shall be an action for damages in accordance with applicable law.

If any legal action is brought to enforce or interpret the terms of this Agreement, Translink Enterprises Limited shall be entitled to recover reasonable attorney's fees, costs, and expenses, in addition to any other relief to which it may be entitled.

In case of any disputes or disagreements with Translink Enterprises Limited, you agree to first reach out to us and try to resolve the issue with us informally. Any controversies or disputes arising out of or related to this Agreement shall be resolved through binding arbitration according to the current commercial arbitration norms of the Riga International Arbitration Court. The parties will select an arbitrator who is well-informed about the matters concerning this Agreement. If the parties are unable to agree on the selection of an arbitrator, each party will choose an arbitrator and the two arbitrators will select a third arbitrator who will preside jointly over the case. The arbitration hearing will take place at a location that is mutually agreed upon by both parties.
Each party shall provide to the other party all relevant documents, materials, and information within their possession within 30 days after being served notice of arbitration.
The arbitrator(s) will not have the authority to alter any provision of this Agreement or award punitive damages. The arbitrator(s) will have the power to issue mandatory and restraining orders in connection with the arbitration. The decision made by the arbitrator(s) will be final and binding on the parties, and judgment can be entered in compliance with the decision in any court that has jurisdiction. The agreement to arbitration shall be enforced specifically in accordance with the existing arbitration law. Throughout the duration of any arbitration proceeding, the parties shall continue to perform their respective obligations under this Agreement.

The Advertiser agrees to indemnify, defend, and hold harmless Translink Enterprises Limited and its subsidiaries, affiliates, assigns, and successors (collectively, "Translink Parties") from any and all liabilities, damages, losses, or expenses (including reasonable attorneys' fees and expenses) ("Losses") incurred by or imposed upon the Translink Parties in connection with any third-party claim, suit, action, demand, or judgment ("Claims") arising from the Advertiser's breach of this Agreement or any violation of law or infringement of any third-party rights. The Advertiser shall not enter into any settlement or compromise of any such claim without Translink's prior written consent. The Advertiser agrees to promptly reimburse Translink for any sums, costs, or expenses incurred by Translink in connection with defending any such Claims, including reasonable attorneys' fees and expenses, settlement costs, and disbursements.

The Company shall not be held liable for any delays in the delivery of any advertising placement or consequential damages of any nature whatsoever. Furthermore, the Company shall not be responsible for anything affecting the production of an advertising placement due to acts of God, network difficulties, action by any government entity, electronic malfunction, or any other condition beyond the control of the Company.
In the event of failure to perform or delay in performing any obligation, other than the payment of money, under this Agreement, due to earthquake, flood, fire, war, strike, riot, insurrection, embargo, blockade, governmental action, legal prohibition, damage, destruction, or any other similar cause beyond the control of such party, no party shall be held liable.
The Advertiser expressly understands and agrees that the Company shall not be liable for any direct, indirect, special, incidental, consequential, or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data, or other intangible losses, resulting from or arising out of the use of or inability to use the Service, the cost to obtain substitute goods and/or services resulting from any transaction entered into on through the Service, unauthorized access to or alteration of your data transmissions, statements or conduct of any third party on the Service, or any other matter relating to the Service.
In some jurisdictions, limitations on liability may not be permitted and therefore may not apply.
The Merchant shall not sell, purchase, provide, exchange, or disclose Account or Transaction data, or personal information of or about a Cardholder to anyone except its Acquirer, Visa/Mastercard Corporations, or in response to valid government demands.

Both parties understand that certain information exchanged between them may be of a confidential nature, such as product information, pricing, financial data, software, and proprietary algorithms. This confidential information will be clearly marked as such or communicated in a manner that would make it reasonable to assume it is confidential. The receiving party agrees not to use, disclose, or publish any confidential information for its own purposes, nor will it share this information with any third parties without prior written approval from the disclosing party.
If either party needs to share confidential information with their professional advisors, auditors, or bankers, they may only do so if those recipients agree in writing to maintain the confidentiality of the information to the same extent as if they were a party to this agreement.

If any provision of this Agreement is deemed to be illegal, unenforceable or invalid, the Parties agree that the rest of this Agreement shall not be affected, and a substitute provision that is similar in substance to the illegal, invalid or unenforceable term or provision shall be added as a part of this Agreement, if possible.

The Company and the Advertiser intend to be independent contractors with regard to this Agreement. The Parties do not intend for this Agreement to create any type of partnership, joint venture or fiduciary relationship between them. Nothing in this Agreement shall be construed to create any such relationship.

12.1. Advertiser campaigns that include the following content are prohibited from promotion:
i) adult, pornographic, nude, or violent content;
ii) misleading ads that provide false information to users;
iii) malware, phishing, adware, viruses, and any related ad campaigns;
iv) tech support ad campaigns, screen locking content;
v) brand mimicry;
vi) promotion of weapons, drugs, alcohol, tobacco, or any related products;
vii) questionnaires collecting user's credit card details and/or offering a prize or money for a poll;
viii) offers gathering push-subscribers in push-notification ad campaigns;
ix) calendar subscriptions;
x) cloaking or disguising ads aimed to substitute the content from the landing page.
12.2. The advertiser should not use domains, links, URLs, or any content associated or belonging to Translink Enterprises Limited. In other circumstances, Translink Enterprises Limited has the right to decline advertising campaigns, pause or terminate account activity.
12.3. Ads that contain references to political content, including solicitations of financial support, and advocacy for or against any of the types of political content, are prohibited under this policy.

As Translink Enterprises Limited, we reserve the right to refuse, delete or remove any advertising for any reason at any time, without incurring any liability, with or without informing the advertiser.

Your advertiser account may be terminated by Translink Enterprises Limited without explanation or notification if it is found to have engaged in illegal activities or violated the terms and conditions. Translink Enterprises Limited may suspend your account and withhold your account balance to cover damages caused by the violation.

If the Advertiser wishes to cancel an order, they must provide written notice at least five (5) business days before the start date of the order. If the Advertiser fails to cancel an order within this timeframe, they will be responsible for the full cost of the placement. If the Advertiser orders a placement and fails to provide the Advertising for it, they will still be responsible for the cost of the placement. Unused funds will be returned within 10 business days. For live campaigns, the Advertiser must provide written notice at least two (2) business days in advance to cancel.

The Advertiser acknowledges that any frequency and/or volume discounts are contingent upon fulfilling the schedule indicated in the Advertising Placement Insertion Order. If the Advertiser fails to fulfill or cancels the schedule, they will be charged the standard price per impression, click, or other activity.

The Company cannot guarantee a specific level of circulation, distribution, reach, or readership for any advertisement.

Translink Enterprises Limited provides traffic reports to its advertisers according to the schedule determined by the company, unless otherwise requested and agreed upon in writing. Payments should be made before the advertising launch and invoices will be issued for the total deposit amount. The company allows refunds for the remaining balance of an account, provided the request is made in writing with a detailed reason, and the minimum refund sum is $100. The company cannot initiate the refund procedure if there is a violation of terms and conditions or fraud activity.

Neither party can assign this agreement without the other party's written consent. Any amendment or waiver of this agreement must be in writing and signed by both parties. Notices should be in writing, delivered via certified mail, courier service, or hand delivery.

This agreement is governed by the local laws where the headquarters of the owner is located. This agreement, along with the insertion order, is the entire agreement between the parties and supersedes all prior agreements. If any provision of this agreement conflicts with any law, the provision will be interpreted to reflect the original intentions of the parties, and the remainder of the agreement will remain valid.

Claims arising out of this website or its services must be filed within one year. Translink Enterprises Limited may assign its rights and obligations under this agreement.