Terms

INTRODUCTION

Yolko Media is a leading and well connected online performance marketing company for highly competitive niches in the affiliate marketing space. Our expert-level knowledge allows us to satisfy our advertiser’s acquisition needs in a cost-effective manner. Don’s hesitate to get in touch to kick start your business growth.

BECOME A PARTNER

  • – Traffic Partner: Have you got traffic? Do you wish to make more out of your existing website traffic? We always look for new partners who can send us high-quality leads in competitive niches. In return we offer you to help maximising the value of your traffic with improved monetisation.
  • – Agency Partner: Are you a Google and/or Facebook Agency Partner. At Yolko Media, we throughout or network have strong media buying power being able to add significant monthly ad spend to your monthly agency bill as a client of yours.
  • – Advertising Partner: Do you have a product/service you offer online and are on the look out for leads via online lead generation? We specialised on lead generation and may be of help

TERMS AND CONDITION – 2021-10-01

Acceptance of Agreement and qualifying conditions:

The following Terms and Conditions (hereby called “Agreement”) is a legal agreement between between Yolko Media and the Partner (either Agency or Traffic Partner as a Client) YOLKO MEDIDA Limited and the Partners may be referred to herein as a “Party” or “Parties”. An Agreement will come into effect immediately after the Service Level and/or Cooperation Agreement possibly with an Insertion Order (IO) has been signed whether by all Parties, in paper or digital format form. Typically the Insertion Order either provided by YOLKO MEDIA Limited or its Partner(s) outlining information and details not limited to and of companies/operators involved, traffic sources/markets, prices and payment methods.

Upon signing the IO our following Terms and Conditions will be deemed to be automatically accepted, unless agreed otherwise to possibly govern a partnership to be based on the agency’s or partner’s general terms and conditions.

THE AGREEMENT

Our Agreement allows Traffic partners to direct traffic to our network by performing lead generated commission in accordance with the terms of the Agreement and IO.

The maintenance and updating of your site will be your responsibility and we may monitor your site as we feel necessary to make sure it is up to date and to notify you of any changes that we feel should enhance your performance.

This Agreement is a non-exclusive Agreement and cannot be transferred or assigned to third parties. This Agreement can be revoked in accordance with the terms of this Agreement and the IO.

Your request to work with us may be refused by us at our sole discretion without the need to provide a reason and in the event of a possible agreement a work termination may be cancelled at a later stage if upon a re-evaluation, we determine that your site is unsuitable.

This Agreement does not imply any exclusivity rights and does not provide any guarantee for the payment of fees or compensation if business is conducted by others than you.

Our Agreement allows an engaged Agency, typically a Google and/or Facebook partner to aggregate through our media buying and possibly our traffic partner’s ad spend to accumulate additional billing towards your spend KPIs to qualify for more favorable media buying conditions typically in form of kickbacks/discounts. Details shall be agreed upon in a signed agency service level agreement and/or IO between YOLKO MEDIA Limtied and the Agency partner.

WARRANTY OF THE TRAFFIC PARTNER

Upon concluding as a YOLKO MEDIA Limited Traffic Partner, you warrant the following:

  • – This Agreement has been duly and validly executed and delivered by you and constitutes your legal, valid, and binding obligation, enforceable against you in accordance with its terms
  • – The information provided on the Insertion Order is correct and valid and you will notify us of any changes thereto
  • – You have the full right, power, and authority to enter into and be bound by the terms and conditions of this Agreement and to perform your obligations under this Agreement, without the approval of any other party
  • – By your signing, you do not violate any other Agreement to which you are bound
  • – Your company will follow any legal requirements noted in the terms of this Agreement
  • – You have sufficient right, title, and interest in and to the rights granted to us in this Agreement
  • – You are not involved in any AML/CFT or other illegal activities and you are not the subject of any investigations, dissolution or bankruptcy proceedings
  • – That you will fully comply with any AML/CFT, Data protection, Privacy or related legislation to which you may be subject within the terms of this Agreement
  • – You undertake to perform the responsibilities and obligations noted in the terms of this Agreement

Responsibility and Obligations of the Traffic Partner

  • – To use best marketing efforts in order to promote the agreed Companies/Operators in order to maximize opportunity.
  • – To follow the marketing guidelines of YOLKO MEDIAS Limited’s or any Companies/Operators related in this Agreement.
  • – To ensure all marketing material or other Intellectual Property used is up to date and not altered, manipulated or amended in any way. Marketing material includes, but is not limited to text, graphic, ads, and links.
  • – To use only marketing material and links provided within the scope of the Agreement.
  • – To not use any marketing material which is inappropriate within the marketing guidelines or that can breach ethical conduct, and/or contains any offensive, discriminatory, threatening, illegal, obscene or violent elements.
  • – To not target any person who is under legal age for adult niches, or appeal to children, or to anyone who is resident outside of the approved jurisdictions falling within the scope of this Agreement.
  • – To not generate traffic in an illegal/fraudulent way, or which is considered as spam.
  • – To not use YOLKO MEDIA Limited’s or the agreed Companies/Operators website or trademarks or any other Intellectual Property without YOLKO MEDIA Limited’s consent in writing.
  • – To use an opt in for all relevant marketing material such as email or sms, and an appropriate way for the recipient to opt out/unsubscribe.
  • – To fully comply with regulations following Data Protection, Privacy, marketing and digital marketing legislation applicable in the jurisdiction in which the Agreement allows you to operate in and to obtain the relative consents before processing any personal data. You shall provide the reasons for the capturing and processing of personal data and shall retain systems for any person requesting that their data be deleted as may be applicable and in accordance with data protection laws and regulations.
  • – To immediately notify YOLKO MEDIA Limited of any complaints of your marketing regarding data protection, or any other noted legislation in accordance with the Agreement.
  • – To immediately notify YOLKO MEDIA Limited of any complaints of your marketing regarding spam, which is deemed a direct violation of this Agreements.

Responsibility and Obligations of the Agency Partner

  • – To use best marketing efforts in order to liaise with target traffic media sources such as Google Ads, Facebook Ads, Bing Ads, Native Ads
  • – To provide YOLKO MEDIA with agreed platform to manage online marketing campaigns, spend and budgeting control
  • – To assign YOLKO MEDIA with a dedicated account rep for advice and assistance with regards to online marketing campaigns
  • – To follow the marketing guidelines of YOLKO MEDIAS Limited’s in this Agreement.
  • – To inform YOLKO MEDIA about relevant terms changes between the traffic media source and the Agency Partner
  • – To ensure all marketing material or other Intellectual Property used is up to date and not altered, manipulated or amended in any way. Marketing material includes, but is not limited to text, graphic, ads, and links.
  • – To fully comply with regulations following Data Protection, Privacy, marketing and digital marketing legislation applicable in the jurisdiction in which the Agreement allows you to operate in and to obtain the relative consents before processing any personal data. You shall provide the reasons for the capturing and processing of personal data and shall retain systems for any person requesting that their data be deleted as may be applicable and in accordance with data protection laws and regulations.
  • – To immediately notify YOLKO MEDIA Limited of any complaints of your marketing regarding data protection, or any other noted legislation in accordance with the Agreement.
  • – To provide monthly ad cost overview and reconciliation for review and billing, the Agency may provide 15-30 net post payment
  • – To provide a detailed invoice for YOLKO MEDIA
  • – The Agency Partner and YOLKO MEDIA may sign industry standard cooperation agreements to set out passed through agency benefits and other important terms and conditions

Responsibility and Obligations of the Advertising Partner

  • – To use best marketing efforts in order provide best possible lead performance
  • – To provide YOLKO MEDIA access to a platform to retrieve tracking links, monitor and track lead generation performance
  • – To assign YOLKO MEDIA with a dedicated key account rep for advice and assistance with regards to campaign management
  • – To follow the marketing guidelines of YOLKO MEDIAS Limited’s in this Agreement.
  • – To inform YOLKO MEDIA about relevant advertising terms changes on the Advertising Partner network
  • – To fully comply with regulations following Data Protection, Privacy, marketing and digital marketing legislation applicable in the jurisdiction in which the Agreement allows you to operate in and to obtain the relative consents before processing any personal data. You shall provide the reasons for the capturing and processing of personal data and shall retain systems for any person requesting that their data be deleted as may be applicable and in accordance with data protection laws and regulations.
  • – To provide monthly performance overview and reconciliation for review and billing, the Advertiser agrees to pay no later than 15 net post payment of a given performance month
  • – The Advertising Partner and YOLKO MEDIA may sign industry standard cooperation agreements setting important affiliate/advertising partner’s terms and conditions

PAYMENTS

Payments will be made according to the specifics noted in the Insertion Order, and according to the chosen method stated in that agreement. Any changes to payment methods may result in a re-signing of the Insertion Order.

Invoices for services received are a requirement for every outgoing payment made by YOLKO MEDIA. Equally YOLKO MEDIA will provide an detailed invoice for services provided.

Termination

The terms of this Agreement start upon approval of your application and registration as a new affiliate to YOLKO MEDIA Limited, and continues until terminated by either party in accordance with this Agreement and the terms of the IO.

  • – This Agreement can be terminated by either party by giving 7 days’ notice unless otherwise agreed in an signed agreed IO by both parties
  • – Notice may be provided by registered mail, email or fax and shall be deemed to have been received in the case of mail on the date in which it is received and in the case of email and fax on the day on which it is sent.
  • – YOLKO MEDIA reserves the right to terminate the Agreement if the Partner is found fraudulent or in breach of this Agreement or the IO.
  • – Upon termination of this Agreement, you shall forthwith remove any links, marketing material or reference to YOLKO MEDIA from your website or any other means of communication.

Disclaimer

YOLKO MEDIA makes no express or implied representations or warranties regarding our service and web site or the products or services provided therein, any implied warranties of non-infringement are expressly disclaimed. In addition, we make no representation that the operation of our site will be uninterrupted or error free, and we will not be liable for the consequences of any interruptions or errors.

Liability

YOLKO MEDIA will not be liable to you with respect to any subject matter of this agreement under any contract, negligence, tort, liability or other legal or equitable means for any indirect, incidental, consequential, special or exemplary damages (including, without limitation, loss of revenue or goodwill or anticipated profits or lost business), even if we have been advised of the possibility of such damages. Furthermore, notwithstanding anything to the contrary contained in this agreement, in no event shall mount media’s cumulative liability to you arising out of or related to this agreement, whether based in contract, negligence, liability, tort or other legal or equitable means, exceed the total commission fees paid to you under this agreement.

GOVERNING LAW

  • – This Agreement is governed by and construed in accordance with the Laws of Malta.
  • – The Data Protection Act and the General Data Protection Regulation
  • – The Prevention of Money Laundering Act and the Prevention of Money Laundering and the Funding of Terrorism Regulations

DUE DILIGENCE / KNOW YOUR CUSTOMER

We are obliged under the AML regulations to ensure compliance. Therefore, we may ask you to provide Due Diligence documents from you, as follows:

  • – Certificate of Good standing/Certificate of Incumbency, including:
  • – The company’s official full name and registration number
  • – The company’s date of incorporation or registration
  • – The company’s registered address or principal place of business
  • – The company’s billing address (if different)
  • – Bank details

CONFIDENTIALITY

All confidential information, including, but not limited to, any business, technical, financial, and customer information, disclosed by one party to the other during negotiation or the effective term of this Agreement which is marked “Confidential,” will remain the sole property of the disclosing party, and each party will keep in confidence and not use or disclose such proprietary information of the other party without express written permission of the disclosing party or unless otherwise such information is in the public domain. Confidential information shall not be used for any other purpose other than as stated in this Agreement.

ALTERATIONS/CHANGES

Due to the nature of the Services provided by the any of the parties, both parties accept that it may be necessary to agree to alter or adapt the Services. In such an event, the parties may mutually accept/agree changes separate from this Agreement in writing.

VARIATION

The Agreement may be varied only by the agreement between the parties and must be made in writing, such document to be signed by the parties.

SEVERABILITY

If any of the terms of the Contract become invalid, illegal or unenforceable such terms shall not affect the obligations of the parties hereunder or any other term of the Contract.

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