These terms and conditions outline the rules and regulations for the use of PostApex’s Website, located at https://postapex.com. You can contact PostApex by email via firstname.lastname@example.org.
By accessing this website we assume you accept these terms and conditions. Do not continue to use PostApex if you do not agree to take all of the terms and conditions stated on this page. By creating an account and utilizing any of the services provided by PostApex, you hereby agree to be bound by the terms and conditions set forth in this Terms of Service Agreement ("Agreement"). Your continued use of PostApex's services constitutes your acceptance of and compliance with this Agreement.
The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and all Agreements: “Client”, “You” and “Your” refers to you, the person log on this website and compliant to the Company’s terms and conditions. “The Company”, “Ourselves”, “We”, “Our” and “Us”, refers to our Company. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services, in accordance with and subject to, prevailing law of Netherlands. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.
Cancellations can be initiated at any time and will terminate the subscription when it expires at the end of the set billing period. Refunds are not provided.
Any grants or scholarships awarded are directly redeemable against the services provided by the website and cannot be exchanged for cash value. The awarding of grants and scholarships are discretionary and will be subject to their own terms of agreement upon receipt of an award.
Abuse, mistreatment or harassment of any nature is not acceptable. We have a zero-tolerance policy against any behaviour of this kind. Any agreements will be immediately terminated with parties reported violating this. Any refunds or pending payouts will be cancelled.
The minimum age of use for the services provided by the website is 16 years of age. Any agreements will be immediately terminated with parties reported violating this. Any refunds or pending payouts will be cancelled.
The payout terms are set in the site Knowledge Base and can change from time to time with no prior consent or notice needed.
Unless otherwise stated, PostApex and/or its licensors own the intellectual property rights for all material on PostApex. All intellectual property rights are reserved. You may access this from PostApex for your own personal use subjected to restrictions set in these terms and conditions.
You must not:
Parts of this website offer an opportunity for users to post and exchange opinions and information in certain areas of the website. PostApex does not filter, edit, publish or review Comments prior to their presence on the website. Comments do not reflect the views and opinions of PostApex,its agents and/or affiliates. Comments reflect the views and opinions of the person who post their views and opinions. To the extent permitted by applicable laws, PostApex shall not be liable for the Comments or for any liability, damages or expenses caused and/or suffered as a result of any use of and/or posting of and/or appearance of the Comments on this website.
PostApex reserves the right to monitor all Comments and to remove any Comments which can be considered inappropriate, offensive or causes breach of these Terms and Conditions.
You warrant and represent that:
You hereby grant PostApex a non-exclusive license to use, reproduce, edit and authorize others to use, reproduce and edit any of your Comments in any and all forms, formats or media.
The following organizations may link to our Website without prior written approval:
These organizations may link to our home page, to publications or to other Website information so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products and/or services; and (c) fits within the context of the linking party’s site.
We may consider and approve other link requests from the following types of organizations:
We will approve link requests from these organizations if we decide that: (a) the link would not make us look unfavorably to ourselves or to our accredited businesses; (b) the organization does not have any negative records with us; (c) the benefit to us from the visibility of the hyperlink compensates the absence of PostApex; and (d) the link is in the context of general resource information.
These organizations may link to our home page so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products or services; and (c) fits within the context of the linking party’s site.
If you are one of the organizations listed in paragraph 2 above and are interested in linking to our website, you must inform us by sending an e-mail to PostApex. Please include your name, your organization name, contact information as well as the URL of your site, a list of any URLs from which you intend to link to our Website, and a list of the URLs on our site to which you would like to link. Wait 2-3 weeks for a response.
Approved organizations may hyperlink to our Website as follows:
No use of PostApex’s logo or other artwork will be allowed for linking absent a trademark license agreement.
Without prior approval and written permission, you may not create frames around our Webpages that alter in any way the visual presentation or appearance of our Website.
We shall not be held responsible for any content that appears on your Website. You agree to protect and defend us against all claims that are rising on our Website. No link(s) should appear on any Website that may be interpreted as libellous, obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third party rights.
We reserve the right to request that you remove all links or any particular link to our Website. You approve to immediately remove all links to our Website upon request. We also reserve the right to amend these terms and conditions and it’s linking policy at any time. By continuously linking to our Website, you agree to be bound to and follow these linking terms and conditions.
If you find any link on our Website that is offensive for any reason, you are free to contact and inform us any moment. We will consider requests to remove links but we are not obligated to or so or to respond to you directly.
We do not ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we promise to ensure that the website remains available or that the material on the website is kept up to date.
To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to our website and the use of this website. Nothing in this disclaimer will:
The limitations and prohibitions of liability set in this Section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer, including liabilities arising in contract, in tort and for breach of statutory duty.
As long as the website and the information and services on the website are provided free of charge, we will not be liable for any loss or damage of any nature.
We reserve the right to amend, update, or modify these Terms and Conditions at any time, without prior notice. Any changes to the Terms and Conditions will be posted on our website or otherwise made available to users. Your continued use of the service following the implementation of any updates or modifications to these Terms and Conditions shall constitute your acceptance of such changes. It is your responsibility to periodically review the Terms and Conditions to stay informed about any updates or modifications. If you do not agree with the updated or modified Terms and Conditions, you must cease use of the service immediately.
This Agreement has been entered into by and between the Publisher (any user that has a newsletter on PostApex and publishes email newsletter ads) and PostApex. This Agreement serves in its entirety as the complete understanding between the Publisher and PostApex and shall supersede any and all prior written and verbal agreements as such.
Demographic info and email list size: When signing up, the Publisher agrees, to the extent that it is available, to share all Publisher Subscriber List statistics, demographic information, and email campaign performance with PostApex, including but not limited to gender makeup, average household income of subscribers, total subscriber count, opens, clicks, open rates, click-through rates, and prior campaign performance.
The publisher certifies that its subscriber count(s) are accurate and exclude any email addresses which have previously bounced or unsubscribed, or any email addresses where the Publisher has been unable to deliver an email to the subscriber.
The Publisher also certifies that performance and engagement statistics (subscriber count, opens, clicks, open rates or click-through rates) provided to PostApex are accurate at the time of reporting. The Publisher agrees to provide PostApex with updated demographic information and audience statistics on a monthly basis.
PostApex shall provide the Publisher with access to certain Advertiser-provided creative, including copy, images, graphics, banner ads, and links to be used in connection with the Publisher's services. No copy, images, graphics, banner ads, links or processes other than those provided by PostApex may be used by the Publisher in connection with the services without first obtaining the prior express written permission of PostApex in each instance. If the Publisher makes any edits to the creative assets provided by PostApex (including but not limited to, changing the copy, altering creative assets to be more suitable for the Publisher audience, or cropping images) the Publisher must submit the revised creative assets to PostApex for final approval before using that creative in any campaign.
Prior to publication, the Publisher may provide PostApex with a mockup or proof of the placement to be published for approval. In the event the Publisher fails to do so and the Advertiser objects to the creative assets used, the Advertiser shall not be required to pay any applicable fee for that campaign, and the Publisher shall not be entitled to any revenue unless a makegood is agreed to in writing between the Publisher and PostApex.
In the event that the Publisher fails to do so more than once and the Advertiser objects to the creative assets used, then the Advertiser shall not owe any payment to PostApex and the Publisher will not be paid for that campaign. The parties understand and agree that the applicable Advertiser is the sole owner of any and all intellectual property rights associated with the Creative. For the Term (as defined below) of the Agreement only, PostApex grants to the Publisher on behalf of the applicable Advertiser a limited, revocable, non-transferable, non-exclusive, royalty-free license to use the creative solely and exclusively as necessary to perform its Services hereunder. Except as expressly set forth, nothing contained in the Agreement will grant to Publisher any right, title or interest in or to the creative.
Advertisers are solely responsible for the accuracy, completeness, appropriateness or usefulness of the Creative, and any and all product claims made in connection therewith. PostApex does not represent or warrant that the Creative is accurate, complete or appropriate. PostApex undertakes no responsibility to monitor or otherwise police the Creative or other information provided by Advertisers. The Publisher understands and agrees that PostApex will not be responsible, under any circumstances, for the Creative and PostApex will incur no liabilities to Publisher in connection with the same.
PostApex or the applicable Advertiser shall have the right to cancel or reschedule a Campaign provided that Publisher is provided notice at least five (3) business days prior to the Campaign start date. In the event that PostApex or the applicable Advertiser desires to cease the use of any Creative in an active Campaign (including any portion of such Creative), the Publisher shall cease the distribution and use of same in connection with the Publisher Email no more than forty-eight (72) hours following PostApex’s written request.
PostApex shall pay the Publisher the amount earned based on the applicable rate for each active Campaign out of the amount received by PostApex from the applicable Advertiser. PostApex shall make payments to the Publisher on a net-30 basis from when it receives payment from the Advertiser for the generated Campaign Revenue, provided the Campaign has run. PostApex will pay the Publisher using the payment method specified by Publisher on the first page one of this agreement. PostApex shall have no obligation to pay the Publisher any prospective Campaign Revenue for which PostApex does not receive the corresponding payment from the applicable Advertiser. The Publisher agrees to pay all sales, use, excise and other taxes which may be levied upon either party in connection with the Agreement, except for taxes on PostApex’s income. PostApex shall have no obligation to pay the Publisher for Campaign Revenue that was generated in breach of the Agreement. Notwithstanding the foregoing, PostApex’s services do not involve investigating or resolving any claim or dispute involving Advertiser and any Publisher or other third party.
Unless otherwise approved in writing by PostApex, Campaigns must include, in unaltered form, a unique tracking link provided by PostApex to the Publisher. The performance of Campaigns shall be determined based on PostApex’s tracking and reporting, which determination shall be final and binding upon the parties. If click totals for any Campaign (as measured by PostApex’s tracking and reporting) are twenty-five percent (25%) or more below what the Publisher provided in their onboarding materials, the Publisher will need to work with PostApex to offer a single makegood to the applicable Advertiser (s). If unique clicks for any Campaign are fifty percent (50%) or more below what the Publisher provided in their onboarding forms, PostApex reserves the right to credit the Advertiser for the Campaign and will not be obligated to pay the Publisher any Campaign Revenue for the applicable Campaign.
The Publisher agrees to not engage in fraudulent behavior or promotional abuse to manipulate or inflate Campaign results (including, but not limited to click-spamming, non-human or bot traffic, malvertising-related activities, click injections, or other instances of fraud). The Publisher agrees that should PostApex, in its sole discretion, find such behavior or promotional abuse, PostApex has no obligation to pay the Publisher any Campaign Revenue that PostApex deems to be earned by such behavior and has the right to immediately terminate this Agreement. If it is determined, in PostApex’s sole discretion, that the Publisher’s actions covered by this paragraph have caused PostApex to incur additional hosting or other costs, PostApex shall have the right to charge Publisher for those costs, and Publisher agrees that they are responsible for such costs.
Any and all costs and/or fees charged to the Publisher by its Internet Service Provider(s) related to responding to and/or managing allegations of "spam" or any other unauthorized usage complaints received from Publisher Email recipients, regulatory agencies or otherwise shall be borne exclusively by Publisher. Publisher shall: (a) respond to all complaints in connection with the Campaigns within three (3) business days after Publisher becomes aware of the subject complaint(s); and (b) provide PostApex with a copy of every complaint, immediately, upon Publisher’s receipt thereof. The Publisher is solely responsible for all Consumer complaints in connection with the Campaigns. If, at any time, the Publisher is identified on an industry Blacklist (as defined below) as a result of actions attributable to Publisher, then the Publisher shall have no more than twenty-four (24) hours from the receipt of Blacklist notification in order to remedy the situation. If, after the expiration of the allotted twenty-four (24) hours, the Publisher has been unable or unwilling to obtain satisfactory resolution (as reasonably determined by PostApex), then PostApex may terminate the Agreement immediately for the Publisher’s material breach. For purposes of the Agreement, "Blacklist" means any and all industry lists of individuals or entities identified as disseminators of spam. The Publisher agrees that it is responsible for ensuring that Publisher Email does not generate spam complaints in excess of industry norms, as determined by PostApex. Publisher agrees that PostApex’s determination whether Publisher’s number of spam complaints is within industry norms shall be final, binding and conclusive for all purposes under the Agreement. If PostApex determines that Publisher’s number of spam complaints is in excess of industry norms, PostApex reserves the right to immediately terminate the Agreement upon written notice (with email sufficing as written notice).
Proof of delivery: Publisher must, within four (4) business days of a placement run date, provide confirmation to PostApex, either electronically or in writing, stating whether the components of the placement have been delivered. The Publisher also must, within four business days of the Campaign run date, provide a screenshot to PostApex showing delivery confirmation from the Publisher’s email service provider and either a screenshot or an email copy of the live placement as proof of send. The email service provider screenshot must include the number of emails sent, number of spam complaints, number of bounces, number of unique opens, and number of ad clicks.
Suppression lists are lists of email addresses that cannot receive commercial communication or emails for any reason, including but not limited to, unsubscribe requests or requests to opt out of third party communications in the case of dedicated email, and may be generated by PostApex, by the applicable Advertiser, or by Publisher, all of which are collectively referred to herein as "Suppression List". With respect to any Suppression List provided by PostApex to Publisher (at PostApex’s sole discretion or by Advertiser request), Publisher shall: (a) use such Suppression List, and the individual customer records contained therein, solely for the suppression purposes set forth herein, even after any termination of the Agreement; (b) use such Suppression List to remove any and all email addresses contained therein from the receipt of the applicable Campaign(s); (c) not retain a copy of any Suppression List following termination of the Agreement; (d) not use any Suppression List for purposes of email appending in any manner whatsoever; (e) hold any Suppression List made available by PostApex and any applicable Advertiser(s) in trust and confidence; and (f) not disclose any Suppression List made available by PostApex to any employee, consultant, subcontractor or third party individual, corporation or entity without first ensuring said party’s written agreement to be bound by the terms of the Agreement. Publisher further agrees and acknowledges that: (i) it has downloaded and removed the domains located on the Federal Communications Commission’s wireless domain names list (http://www.fcc.gov/cgb/policy/DomainNameDownload.html) from any and all current data used in mailings hereunder; and (ii) any and all new data that it acquires, regardless of its source, will be scrubbed against the FCC’s wireless domain names list and that the domain names contained therein will be removed before sending any mailings hereunder. With respect to any Suppression Lists generated by Publisher, Publisher agrees to follow all applicable laws when generating or using the suppression list, as well as any other obligations set forth herein.
If an article goes “viral”, meaning the article is distributed through outlets such as Google News, Apple News, MSN, or Yahoo, and delivers clicks beyond the scope of the advertiser’s budget, the advertiser will be charged up to ten percent (10%) over the contracted budgeted amount. In the event of article virality, Publisher agrees that PostApex will only be responsible for paying Publisher on the additional ten percent (10%) of revenue generated from the Advertiser. If Advertiser requests an article to be taken down due to poor ROI performance and provides conversion or sales reports that substantiate their claim, Publisher agrees to take down the article in question within twenty-four (24) hours of receiving copies of Advertiser reporting from PostApex.
The Publisher agrees that any CPC publisher payout for editorials purchased by Advertisers on a flat-rate basis shall not exceed the amount paid to PostApex by Advertiser.
The Agreement shall commence on the Effective Date and continue for a period established on page one (1) of this agreement. Thereafter, the Agreement shall not automatically renew without both party’s explicit written consent. Either party may terminate the Agreement at any time during the Term, with or without cause, upon thirty (30) business days prior written notice to the other party. Either party may terminate the Agreement immediately upon written notice if the other party materially breaches the Agreement.
During the Term, and after termination of the Agreement for any reason, until such time as the "Confidential Information" (as defined below) is no longer protectable under applicable law, neither party will use or disclose any "Confidential Information" of the other party except as specifically contemplated herein. "Confidential Information" means information that: (a) is sufficiently secret to derive economic value, actual or potential, from not being generally known to other persons who can obtain economic value from its disclosure or use; and (b) is the subject of efforts that are reasonable under the circumstances to maintain its secrecy or confidentiality. Subject to the foregoing, PostApex’s Confidential Information shall include, without limitation, all aspects of its Services, the platform and any Suppression Lists. Confidential Information does not include information that: (i) has been independently developed by the receiving party without access to the other party’s Confidential Information; (ii) has become publicly known through no breach of this Section by the receiving party; (iii) has been rightfully received from a third party authorized to make such disclosure; (iv) has been approved for release in writing by the disclosing party; or (v) is required to be disclosed by a competent legal or governmental authority. At the request of the disclosing party, the receiving party shall return all of the disclosing party’s Confidential Information to the disclosing party.
Publisher recognizes that PostApex has proprietary relationships with the Advertisers that they present to Publisher. Any attempt to broker third party agreements to deliver Services without first obtaining PostApex’s written authorization is strictly prohibited. Publisher agrees not to circumvent PostApex’s relationships with its Advertisers, or otherwise offer, make available, provide, contract for or otherwise perform, directly or indirectly, advertising, marketing or promotional services similar to the Services provided by PostApex to any Advertiser during the Term and for the one (1) year period following the live date of the last placement delivered by Publisher. Notwithstanding the foregoing, to the extent that Publisher can show that any such Advertiser already obtained such services from Publisher prior to the Effective Date, then Publisher shall not be prohibited from continuing such relationship. Publisher agrees that monetary damages for its breach, or threatened breach, of this paragraph will not be adequate and that PostApex shall be entitled to: (a) injunctive relief (including temporary and preliminary relief) without the requirement to post a bond; (b) liquidated damages from Publisher in an amount equal to one hundred percent (100%) of the fees paid to Publisher in violation of this paragraph for the prior twelve (12) month period; and/or (c) any and all other remedies available to PostApex at law or in equity.
Limitation of Liability: In no event shall PostApex be liable to Publisher for (a) any direct, incidental, special or consequential damages including, but not limited to, lost business and lost profits, whether based in contract, tort or any other theory; or (b) more than the campaign revenue payments paid by PostApex to Publisher hereunder for the prior twelve (12) months prior to the act giving rise to. The asserted claims, whether such liability is based on contracts, tort, negligence, strict liability, products liability or otherwise. Under no circumstance shall PostApex be liable to publisher for any action of Advertisers, including, but not limited to, any decision by an Advertiser to cancel or reschedule a campaign. The parties acknowledge that the mutual promises contained herein reflect the allocation of risk set forth in the agreement and that each party would not enter into the agreement without these limitations on liability.
Neither Publisher nor PostApex shall be responsible for delays or failures in performance resulting from acts of God, strikes, lockouts, riots, acts of war and terrorism, embargoes, boycotts, changes in governmental regulations, epidemics, pandemics, fire, communication line failures, power failures, earthquakes, other disasters or any other reason where failure to perform is beyond the control of, and not caused by, the non-performing party.
The Publisher acknowledges and agrees that by creating an account the Publisher is submitting a legally binding electronic signature and is entering into a legally binding contract. The Publisher acknowledges that the Publisher’s electronic submission constitutes Publisher’s agreement and intent to be bound by this Publisher Agreement. Each party represents and warrants to the other that the execution of the Agreement and the performance of such party’s obligations hereunder have been duly authorized and that the Agreement is a valid and legal agreement binding on such party and enforceable in accordance with its terms.
PostApex provides advertising services to the Advertiser, which may include ad placements on PostApex's network of publishers, reporting, and optimization of ad performance.
The Advertiser agrees to pay PostApex for the advertising services rendered in accordance with the payment terms set forth by PostApex. The Advertiser will be charged only for unique clicks from human web traffic. The ad network will cross-validate click data from the Advertiser to ensure optimal conversions and return on ad spend (ROAS) before finalising the monthly invoice amount. The Advertiser will not be charged for any unused budget at the end of the duration specified.
PostApex will provide the Advertiser with regular reports on the performance of the advertising campaign. The reports will include, but not be limited to, the number of impressions, clicks, conversions, and any other relevant metrics.
The Advertiser may select the email newsletters on which its advertisements are displayed. PostApex shall make reasonable efforts to accommodate such requests, subject to availability and space limitations.
The Advertiser may select the email newsletters on which its advertisements are displayed, subject to availability and space limitations. PostApex reserves the right to modify allocations and placement as necessary to optimize performance and ensure fairness to all Advertisers. The Advertiser acknowledges that PostApex may not be able to accommodate all placement requests due to space and availability limitations.
The Advertiser reserves the right to modify the email newsletters in which their advertisements are displayed, provided that they notify PostApex of any such changes in writing at least 72 hours in advance of the requested change. PostApex will make reasonable efforts to accommodate such requests and ensure that the Advertiser's ads are appropriately placed in the revised newsletters, subject to availability and space limitations.
The Advertiser is responsible for providing all necessary ad creatives, including graphics, images, and copy. The Advertiser warrants that all ad creative is accurate and does not infringe on any third-party rights. PostApex reserves the right to reject or remove any ad creative that it deems inappropriate or violates any law, regulation, or policy.
PostApex has implemented reasonable measures to identify and prevent fraudulent clicks or non-human traffic, and shall promptly notify the Advertiser in the event that such activity is detected. The Advertiser may dispute any charges related to non-human traffic or fraudulent clicks, and PostApex shall investigate such disputes in good faith and adjust the monthly invoice accordingly.
Either party may terminate this Agreement at any time upon written notice to the other party. In the event of termination, the Advertiser shall be responsible for payment for services rendered up to the date of termination.
Each party agrees to keep all confidential information received from the other party in strict confidence and to use it solely for the purpose of performing its obligations under this Agreement.
In no event shall PostApex be liable to the Advertiser for any indirect, incidental, consequential, special, or punitive damages arising out of or relating to this Agreement or the services provided hereunder.
This Agreement shall be governed by and construed in accordance with the laws of the United Kingdom. Any legal action arising out of or relating to this Agreement shall be brought in accordance with the laws of the governing state.
This Agreement constitutes the entire agreement between the parties and supersedes all prior or contemporaneous negotiations, understandings, and agreements, whether written or oral, relating to the subject matter of this Agreement.