This terms of service agreement is a binding contract between you (“you” or “your”) and .o.r.s sdA eguH (“Clickaine,” “we,” or “us”). This agreement governs your access to and use of the Clickaine platform, accessible at https://clickaine.com/ (the “Platform”).
This agreement takes effect when you check the box during registration or by accessing or using the Platform. By checking the box or by accessing or using the Platform, you:
If you do not agree to these terms, do not check the box or use the Platform. If you do not accept these terms, you must not access or use the Platform.
In this agreement, the following definitions apply:
2.1 Clickaine hereby grants you a revocable, nonexclusive, nontransferable, nonsublicensable, limited right to access and use the Clickaine Network solely for your internal business operations. Access and participation in the Clickaine Network is subject to your continued compliance with this agreement and the AUP. We may require you to provide proof of identification before or during your participation in the Clickaine Network. You must be at least 18 years of age and the age of majority in your jurisdiction to participate in the Clickaine Network. Clickaine may refuse participation from any applicant or participant for any reason, including country of residence, reputation, and associations. Clickaine may change, suspend, or discontinue the Clickaine Network without notice or liability. You state that you are legally permitted to access the Platform and participate in the Clickaine Network.
2.2 Programmatic Partnerships. For the purposes of this agreement, “programmatic partnerships” include any interactions with DSPs, SSPs, or other ad exchanges that distribute Clickaine’s Advertising Material across various networks. All obligations, warranties, and requirements outlined in this agreement apply to programmatic partnerships in addition to any other specific provisions contained in this agreement.
Advertisers market and advertise their goods and services using Advertising Material, and Publishers incorporate or embed the Advertising Material into the Publisher’s Websites through the Clickaine Network using our Ad Serving Platform. Clickaine also provides guidance to help Advertisers and Publishers. Clickaine is a service provider and has no knowledge of, nor responsibility for, the content on the Publisher’s Websites or the Advertising Material created by Advertisers, which is published on the Publisher’s Websites. The Publisher and the Advertiser are the only responsible parties for that content and shall indemnify Clickaine against any responsibility, infringement, damage, or loss regarding that content. If any content is illegal or violates any law, including any intellectual property laws, or otherwise breaches this agreement or the AUP, please request removal at abuse@clickaine.com, so we can remove and prevent access to it.
4.1 Clickaine may approve or deny a Publisher’s participation. If not approved, the Publisher will not receive payment of the revenue displayed in its Dashboard. It is the Publisher’s obligation to ensure it complies with Clickaine’s eligibility rules. The following are examples of Publisher’s Websites that are not eligible:
4.2 Clickaine does not control or monitor Publisher’s Websites. However, a website might be brought to our attention or might be checked for any reason. If Clickaine determines that a Publisher’s Websites include any forbidden content, Clickaine may close that Publisher’s account without notice. In that case, as liquidated damages for breaching this agreement, Publisher will not receive payment of any amounts owed, regardless of any other or further liability that Publisher incurs.
4.3 Publishers participating programmatically through SSPs or similar networks are responsible for ensuring that all websites in their network comply with Clickaine’s eligibility requirements as set out in this agreement. Programmatic Publishers shall actively monitor their network’s compliance with these requirements and take immediate corrective action if any violations occur.
For Publishers operating through programmatic channels or networks, the term “Sub-Publishers” includes third-party publishers, SSPs, or other ad networks within the Publisher’s programmatic framework. Publishers are responsible for ensuring that all Sub-Publishers comply with the terms of this agreement and will be liable for any actions taken by Sub-Publishers within their network. Publishers must bind their Sub-Publishers to terms equivalent in nature and scope to those in this agreement. Programmatic partners hereby accept joint responsibility for the actions of all Sub-Publishers and other third parties within their network, ensuring that all those parties remain in full compliance with the requirements of this agreement.
6.1 Any form of misuse, including procuring business transactions by unfair methods or inadmissible means that violate any law or this agreement, is prohibited. Programmatic Publishers, DSPs, SSPs, and other networks within the Clickaine Network are responsible for ensuring compliance with fraud prevention and security measures across their platforms. Programmatic participants must take all necessary steps to prevent fraudulent traffic, unauthorized ad placements, and artificial inflation of impressions or clicks. Programmatic Publishers are also responsible for compliance within any third-party networks or exchanges used to distribute Clickaine’s Advertising Material.
6.2 Publishers are prohibited from attempting to obtain commissions by procuring business transactions themselves or through a third party using the Advertising Material, tracking links, or other technical aids provided by Clickaine in the context of the Clickaine Network using one or more of the following methods:
6.3 Any form of misuse will lead to the immediate blocking of the Publisher’s accounts. Publishers may raise an objection within a month, providing a statement and evidence that their chosen form of advertising was in accordance with this agreement. If the Publisher cannot refute the breach, Clickaine will issue a notice of termination. In the event of a breach of this agreement, the Publisher will not receive any payment, regardless of any other or further liabilities the Publisher might incur.
6.4 Clickaine’s ad server will be the official counter for determining the number of Advertising Materials delivered and amounts payable under this agreement. Counts of Impressions or clicks will be decided solely based on reports generated by the Clickaine Network. Any method to artificially or fraudulently inflate the volume of Impressions or clicks is prohibited. These prohibited methods include but are not limited to framing an ad-banner’s click-through destination, auto-spawning of browsers, running “spiders” against the Publisher’s Websites, automatic redirecting of users, or any other technique of generating automatic or fraudulent (as determined by Clickaine or based on industry practices) click-through or Impressions, including those set out in the AUP. Advertising Material must not be placed on a page that reloads automatically. The Publisher must not require users to click on Advertising Material before entering a Publisher’s Website or any area in a Publisher’s Website or provide incentives of any nature to encourage or require users to click on Advertising Material. If the Publisher clicks any link other than their own Advertising Material or uses any means to artificially enhance click results, it constitutes a breach of this agreement, and on that occurrence, Clickaine may terminate this agreement without notice. That termination is not in place of any other remedy available at law or equity.
6.5 Publishers shall indemnify Clickaine against any liabilities, losses, or damages that are directly or indirectly derived from their breach of this agreement.
You must direct all communications relating to the Clickaine Network to Clickaine and not to any Advertiser or Publisher.
8.1 Payments.
8.2 Invoicing.
8.3 Liability for Publisher Earnings.
8.4 Disputes. If the Publisher disputes any payment made under this agreement, the Publisher shall notify Clickaine in writing within 30 days of any such disputed payment. If the Publisher does not notify Clickaine within 30 days of the disputed payment, Publisher will be deemed to have waived any claims related to that disputed payment.
9.1 Clickaine JavaScript Tag. The Publisher must place the Clickaine JavaScript tag on all appropriate pages on the Publisher’s Website. The Publisher shall not alter, sell, or disclose the Clickaine JavaScript tag in any way without Clickaine’s prior written consent. The Clickaine JavaScript tag for Advertising Material must not be used on a web page other than one located on an approved Publisher’s Website and must not be distributed or submitted to any newsgroup, email distribution list, chat room, guest books, or other location that Clickaine has not approved.
9.2 Recording of Impressions. Clickaine is solely responsible for calculating statistics, including Impressions, click-through rate, revenues, and CPM. Prague time will be the time for traffic and tracking purposes. Statistics will be available to the Publisher online in the Clickaine Dashboard. The Publisher acknowledges that Clickaine’s online statistics might not be 100% accurate and that Clickaine may make adjustments to the Publisher’s online statistics. If coding on the Publisher’s Websites generates a substantial number of erroneous Impressions due to a technical problem, including server malfunction, coding alteration, or a mistake in entering code, Clickaine may withhold payment on all Impressions and clicks delivered by the Publisher.
9.3 Volume of Impressions. Clickaine cannot and does not guarantee any volume of traffic. The number of Impressions might vary from day to day, depending on the performance of the targeted site.
9.4 Ad Serving Platform. Statistics of Impressions and revenues will be provided by Clickaine. The Ad Serving Platform governs the terms of this agreement.
10.1 The Advertiser shall prepay its advertising budget through a credit card, PayPal, Wire Transfer, or other acceptable payment method. The Advertiser shall pay all charges in US Dollars, Euros, or in that other currency as agreed to by the parties. These payment terms apply to both direct and programmatic partnerships, including transactions through DSPs, SSPs, or other ad exchanges. If any specific payment conditions apply to programmatic transactions (e.g., different timelines, currency exchange considerations), these will be separately outlined in the applicable campaign settings.
10.2 Unless the parties agree otherwise in writing, the Advertiser shall pay all charges as set out in the payment terms of the applicable campaign settings, which include applicable taxes. Charges are exclusive of taxes. The Advertiser is responsible for paying all taxes, government charges, and reasonable expenses, including legal fees that Clickaine incurs in collecting unpaid amounts. If permitted by law, the Advertiser hereby waives all claims relating to charges (including, but not limited to, claims based on suspected invalid clicks) unless those claims are made within 60 days after the charge. This waiver does not affect the rights of the Advertiser’s credit card issuer. Charges are based solely on Clickaine’s Ad Serving Platform measurements, unless agreed otherwise in writing.
10.3 The Advertiser acknowledges that any credit card and related billing and payment information that the Advertiser provides to Clickaine might be shared with Clickaine’s service providers, including payment processors and credit agencies, solely to check credit, effect payment to Clickaine, and service the Advertiser’s account.
10.4 Clickaine may withhold deposits or charge the Advertiser’s account due to any breaches of this agreement by the Advertiser. Clickaine is not required to extend credit to the Advertiser under any circumstances.
No refunds are available for delivered Impressions. Once an Advertiser makes an initial deposit, the Advertiser may request a withdrawal of the account balance if the Advertiser is not satisfied with the Platform and is otherwise in compliance with this agreement and our AUP. If the Advertiser’s account balance is less than the minimum withdrawal amount agreed by the parties, no payment will be made. Advertisers whose accounts are canceled or terminated by Clickaine for violating this agreement or our AUP are not entitled to a refund. Withdrawals requested by the Advertiser will be completed within seven days. Clickaine does not issue any refunds on credit cards.
Supported ad sizes include: 300×250, 315×300, 338×235, 250×250, 468×60, 728×90, 950×100, 120×600, 160×600, 180×1030, 240×480, 200×150 (pixels), pop-unders (full page), interstitials (full page), and text ads with a 10×10 thumbnail.
Clickaine may use the trade names, trademarks, or service marks of Publishers and Advertisers for purposes related to this agreement, without requiring additional written consent from the trademark owner.
14.1 Each Publisher and Advertiser states that the following facts are accurate:
14.2 Each Publisher states that the following facts are accurate and will continue to be accurate during this agreement:
14.3 Each Advertiser states that the following facts are accurate and will continue to be accurate during this agreement:
14.4 For programmatic Publishers and Advertisers, these compliance obligations extend to all third-party networks and platforms used to participate in the Clickaine Network. Programmatic participants must actively monitor and enforce compliance with this agreement, including verifying the legality and appropriateness of content distributed through their network, and retain thorough documentation of all compliance efforts. Programmatic participants must promptly provide Clickaine with any relevant reports, agreements, or compliance records on request.
15.1 Clickaine may terminate this agreement or cancel any ad(s) for any reason. Clickaine will use reasonable efforts to notify you through email of any such termination or cancellation within a reasonable period.
15.2 If you are an Advertiser, you may cancel any ads or terminate this agreement for any reason by deactivating a campaign on the Dashboard.
15.3 If you are a Publisher, you may cancel or terminate this agreement for any reason by removing the Clickaine JavaScript Tag from the Publisher’s Websites.
15.4 Either party may terminate this agreement effective when that party notifies the noncomplying party of occurrence of a breach of any obligation under this agreement and, if that breach is amendable to cure, the noncomplying party does not cure that breach in the 60 days after the other party notifies the noncomplying party of that breach.
16.1 You must not disclose Clickaine Network Confidential Information without Clickaine’s written consent. “Clickaine Network Confidential Information” includes:
Clickaine Network Confidential Information does not include information that has become publicly known through no breach by you or Clickaine, or information that has been:
16.2 The Publisher acknowledges that Clickaine might be ordered by a government body to disclose information regarding the services being provided to the Publisher or to disclose the Publisher’s identity under certain circumstances and specifically where the Publisher’s Websites contain or link to unauthorized copyrighted materials from nonparties. Clickaine may disclose that information on receiving a request for disclosure from a government body that Clickaine reasonably considers as being competent to issue such a request.
17.1 Each party shall include conspicuously on its websites a privacy policy that describes how that party collects, uses, stores, and discloses users’ personal data if any is collected, including, without limitation, email addresses, and instructs users how to opt-out of those practices. Each party shall uphold joint compliance standards, ensuring that any third parties, partners, or networks involved in processing user data for Clickaine or its clients adhere to the same privacy and data protection standards as outlined in this agreement.
17.2 We have a Privacy Policy on our website that explains how we use personal data that you provide to us or that we gather from you and the measures we take to protect your privacy. The Privacy Policy also details how you may request that we amend or delete your personal data from our records and how to request that we stop all contact with you. Please read the Privacy Policy carefully because once you use our services, you will be regarded as having read and accepted its terms.
17.3 In accordance with our Privacy Policy, Clickaine may transfer your personal data to providers who require access to your personal data to provide the services that Clickaine has requested from them, and with whom Clickaine has entered into confidentiality and data processing agreements that are necessary and mandatory by the privacy protection regulation. Some of the technology service providers hired by Clickaine are located in countries that do not have a data protection regulation equivalent to the European Union. These service providers have signed the confidentiality and data processing agreements required by the data protection regulation, which apply the warranties and safeguards needed to preserve your privacy. For further information regarding your privacy, you may contact Clickaine at the electronic or postal addresses indicated in the Privacy Policy.
17.4 Clickaine services may involve cross-border data exchanges with clients located in countries outside the EEA. In those cases, when these countries do not benefit from an adequacy decision under the article 45 of the GDPR, the parties will use a variety of measures to ensure that end users’ personal data transferred to these countries receive adequate protection in accordance with the General Data Protection Regulation (“GDPR”), including signing the Standard Contractual Clauses adopted by the European Commission.
17.5 Publishers must disclose in their privacy policies that third-party advertisers may place cookies or similar tracking technologies on the browsers of visitors to their websites. In compliance with the EU ePrivacy Directive (2002/58/EC, as amended by Directive 2009/136/EC) and the GDPR, Publishers must provide users in the European Union with clear and comprehensive information on any devices (e.g., cookies, local shared objects) used to store or retrieve data on a user’s device. Before using or placing those devices, Publishers must implement an opt-in mechanism to obtain prior, informed consent from users through a clear, affirmative action. Users must be able to refuse or withdraw consent with equal ease at any time. The Publisher’s system must allow users to easily modify their consent preferences and provide access to a method of doing so, such as a visible “Cookie Settings” option on the Publisher’s Website. Clickaine provides cookie information in its Cookie Policy, which the Publisher must make available on the Publisher’s Website(s) to fulfill its disclosure obligations. This can include a link to Clickaine’s Cookie Policy, allowing users to learn more about and manage their preferences regarding Clickaine’s cookie usage. Clickaine reserves the right to audit the Publisher’s consent mechanisms to ensure compliance with data protection regulations. Audits may involve reviewing consent forms and documentation with advance notice, no more than once a year, unless significant compliance concerns arise. The Publisher shall cooperate fully with these audits and, on request, provide proof of user consent to support Clickaine’s compliance requirements.
17.6 Programmatic Publishers and Advertisers must ensure that their own data protection mechanisms, and those of any third-party networks within their system, are in full compliance with GDPR and other privacy laws. This includes implementing consent mechanisms that comply with GDPR standards, providing users with options to manage their data, and ensuring end-user privacy across their networks. Programmatic partners are responsible for obtaining and managing consents from end users before storing or processing any data. In the event of any data breach, security incident, or unauthorized data access involving personal data processed under this agreement, programmatic partners shall promptly notify Clickaine and undertake all necessary corrective actions to prevent further incidents.
17.7 Each party states to the other that, during the term of this agreement, it will comply with all rules and regulations (including but not limited to laws governing privacy and data protection).
Clickaine is not making any guarantee about the level of Impressions or clicks on an ad, the timing of delivery of Impressions or clicks, the completion of referral events, or the amount of any payment to be made to you under this agreement. You acknowledge that past ad performance does not guarantee or suggest similar future performance. You further acknowledge that sophisticated click fraud exists, is not preventable, and that new methods might come into existence.
19.1 Clickaine has no special relationship with or fiduciary duty to you and has no control over, and no duty to take any action regarding, any of the following:
19.2 If you are a Publisher, you acknowledge that Clickaine has no control over (and is merely a passive conduit for) any content that might be submitted or published by any advertiser, and you are solely responsible (and assume all liability and risk) for determining whether that content is appropriate or acceptable to you.
19.3 If you are an Advertiser, you acknowledge that Clickaine has no control over any content that might be available or published on any Publisher’s Websites (or otherwise), and you are solely responsible (and assume all liability and risk) for determining whether that content is appropriate or acceptable to you.
19.4 You hereby release Clickaine from any liability relating to your acquisition (or failure to acquire), provision, use, or other activity regarding content in connection with the Clickaine Network. The Clickaine Network might contain, or direct you to sites containing, information that some people might find offensive or inappropriate. Clickaine is not making any statement concerning any content contained in or accessed through the Clickaine Network, and Clickaine will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Clickaine Network.
19.5 The Clickaine Network, the Ad Serving Platform, and the services are provided “as is” and Clickaine is not making any warranty, whether express, implied, statutory, or otherwise. Clickaine is not making any implied warranty of merchantability, fitness for a particular purpose, title, or non-infringement. Nor is Clickaine making any warranty arising from course of dealing, usage, or trade practice. Clickaine is not making any warranty that the Clickaine Network, the Ad Serving Platform, the services, or any products or results of the use of the preceding, will meet your or any other person’s or entity’s requirements, operate without interruption, achieve any intended result, be compatible or work with any of your or any nonparty’s software, system, or other services, or be secure, accurate, complete, free of harmful code, or error-free, or that any errors or defects can or will be corrected.
20.1 Indemnification.
20.2 Limitation of Liability. Clickaine will not be liable under or in connection with this agreement under any legal or equitable theory, including breach of contract, tort (including negligence), strict liability, or otherwise, for any:
Clickaine’s aggregate liability arising out of or related to this agreement under any legal or equitable theory, including breach of contract, tort (including negligence), strict liability, or otherwise will not exceed the total amounts paid to Clickaine if you are an Advertiser or paid by Clickaine if you are a Publisher under this agreement in the 12-month period preceding the event giving rise to the claim or €250, whichever is greater.
21.1 Governing Law. Czech law governs all adversarial proceedings arising out of this agreement or the Platform or the Clickaine Network.
21.2 Equitable Remedies. Each party acknowledges that (1) breach by either party of that party’s obligations under this agreement has the potential to cause irreparable harm for which damages would be an inadequate remedy and (2) if any such breach occurs or is threatened and might cause irreparable harm, each party would want a court to grant the other party an injunction, a restraining order, or any other equitable remedy, in each case without posting a bond or other security and without proof of actual damages.
21.3 Arbitration.
21.4 Jurisdiction.
21.5 Recovering Expenses. In an adversarial proceeding between the parties arising out of this agreement or the Platform or the Clickaine Network, the prevailing party will be entitled to recover from the other party, in addition to any other relief awarded, all expenses that the prevailing party incurs in those proceedings, including legal fees and expenses.
21.6 Time Limit. Apart from proceedings arising from a claim under section 20.1, neither party may bring adversarial proceedings to resolve any dispute arising out of this agreement or the Platform or the Clickaine Network more than 12 months after the date that dispute arose.
21.7 Severability. The invalidity, illegality, or unenforceability of any provision in this agreement does not affect any other provision in it or the validity, legality, or enforceability of that provision in any other jurisdiction.
22.1 Notice.
22.2 Assignment. This agreement is personal to you and must not be assigned or transferred for any reason without our prior written consent. Any action or conduct in violation of this requirement will be void. We may assign this agreement and delegate any of our obligations under it without your consent.
22.3 Entire Agreement. This agreement constitutes the entire understanding between the parties regarding the Platform or the Clickaine Network. Each party acknowledges that because it has not relied on, and will not be relying on, any statements made by the other party regarding the Platform or the Clickaine Network, it will have no basis for bringing any claim for fraud in connection with any such statements.
22.4 Amendment. Clickaine may amend this agreement on one or more occasions and the modified terms become effective on posting. You will be notified of amendments through the Dashboard and are required to accept the amendments before you can continue to use the Platform or the Clickaine Network. You are responsible for reviewing and becoming familiar with any such amendments.
22.5 Waiver. Any failure to act by us regarding a breach of this agreement by you or others does not constitute a waiver and will not limit our rights regarding that breach or any subsequent breaches.
22.6 Language. This agreement is drafted in English, which will be the controlling language. In case of conflict or inconsistency between the English version and any translation, the English version will prevail. All communications and notices under this agreement must be in English unless otherwise agreed by the parties in writing.