DAUs PROMOTION T&C FOR PUBLISHERS

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DAUs PROMOTION T&C FOR PUBLISHERS

STARTAPP INC. ("StartApp") DAUs PROMOTION T&C FOR PUBLISHERS

These Terms and Conditions ("T&C") regulate StartApp's Daily Active Users Promotion ("Promotion") which is valid and in effect as of November 1st, 2019 ("Start date") and until April 30th,, 2020 Eastern Standard Time ("End date"). The period between the Start Date and the End Date shall be referred to as the "Term".

  1. Promotion Details

The Parties hereby agree as follows:

  1. StartApp will pay the Publisher the following amounts in consideration for DAUs (as defined below):

Countries

Average Monthly DAU

Monthly Bonus

United States, Canada, Australia, United Kingdom, Spain, France, Italy, Germany, New Zealand, South Africa

10,000-50,000

USD 500

50,001-200,000

USD 1,000

200,001 – 400,000

USD 1,500

400,001 +

USD 2,000

ROW countries

10,000-50,000

USD 400

50,001-200,000

USD 800

200,001 – 400,000

USD 1,200

400,001 +

US 1,500

 

User” means a real individual (not fraudulent, as determined by StartApp) who actually installed and maintains Publisher’s mobile app (or apps), which includes the last version of StartApp SDK, which has been made available to the publisher, and meets the following parameters:

  • The following permissions are intentionally made by the user and available to StartApp: ACCESS_FINE_LOCATION
  • User provided consent to StartApp, to process his/her personal data throughout StartApp Network, substantially in the form included in Section 7.3 of the Agreement, and proper evidence for that consent has been provided to StartApp.

DAU” means a User whose data is made available to StartApp at least once in a calendar day, as measured by StartApp, and has not opted out in any way from StartApp services or StartApp Network.

  • Monthly DAUs” means average DAUs during a calendar month.
  1. Payments under section 1 above shall be made no later than 30 days following the end of the applicable month, and subject to Section 5.3 of the Agreement (taxes).
  2. All other terms and conditions set forth in the Agreement shall remain unchanged and apply to this Addendum. In any discrepancies between the Agreement and this Addendum, this Addendum shall prevail.
  3. Qualifications
  1. The Promotion is open to owners of publisher accounts on the StartApp advertising platform, whether existing or opened during the Term.
  2. Participants must be over the age of legal capacity that applies in the jurisdiction in which they reside and in any event at least 18.
  3. The participating account must actively sign up for the Promotion from the Promotion sign up page, consent to these T&C of the Promotion (the "Sign Up") and integrate the latest StartApp SDK into the App.
  4. Participant must fill out valid email and payment details.
  5. Participant agrees to the use by StartApp of participant's contact information and details in order to deliver marketing and other advertising material.
  1. Rewards: Payments to the participant per the calculations described above will be added to the participant's account with StartApp on a Net+30 basis.
  2. Taxes
  1. StartApp shall not be responsible for taxes or other obligatory payments to any governmental authority related to any reward, which shall be the sole responsibility of the participant.
  2. If under any law or regulation, tax is required to be withheld at source in connection with the delivery of any reward to participant under the Promotion, StartApp may withhold said tax at source. StartApp may set-off the amount so withheld from any payment due to participant under the Promotion or otherwise.
  1. General Terms
  1. Participation in the Promotion is subject to the terms and conditions detailed in the email sent to the participant, Promotion sign up web page and/or as detailed in other channels by which StartApp choses to publish the Promotion, as applicable.
  2. Participation in the Promotion subject to the terms, conditions and regulations of StartApp http://www.startapp.com/policy/publisher-terms/. StartApp reserves the right to modify, add or delete these T&C at any time with or without notice, though StartApp will attempt to provide reasonable notice in all instances as appropriate.
  3. These T&C are a supplement and do not replace the terms and conditions of StartApp's terms and conditions and/or any license agreement between the parties.
  4. In case of fraudulent activity (which shall be determined by StartApp's sole discretion, without the need to provide any notice or proof to the participant), StartApp reserves the right to: (i) withhold the reward; and/or (ii) demand return of the reward or repayment of its value; and/or (iii) withhold the reward's value from any amounts due to the participant from StartApp, whether under the Promotion or otherwise. StartApp further reserves the right to cancel or amend the Promotion and these T&C without notice.
  5. Any rewards, bonuses, prizes or perks are not transferable.
  6. Participant hereby agrees to the use of success stories from this Promotion that will be featured in StartApp’s marketing literature including StartApp website, social media, and sales collateral, without any payment or further permission.
  7. Other than the delivery of the reward in accordance with these T&C and except as required by mandatory applicable law, StartApp shall have no liabilities or responsibilities under the Promotion. Specifically, StartApp shall not be liable for any direct or indirect damage or loss occurred to the participant in connection with the Promotion.

 

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