Terms of Service

These Terms of Service ("Terms") govern your access to and use of the AdSwapper Media website at adswappermedia.com and our performance marketing network services (collectively, the "Services"). By accessing or using our Services, you agree to be bound by these Terms. If you do not agree, please do not use our Services.

1. About AdSwapper Media

AdSwapper Media is a performance marketing network that drives traffic to advertisers' offers through a vetted network of publisher partners. We connect advertisers seeking customer acquisition with publishers who drive traffic across email, display, native, social, search, push, and other digital channels. Advertisers pay only when a user converts.

2. Eligibility

Our Services are intended for business entities and individuals operating as professional publishers or advertisers in the performance marketing industry. By using our Services, you represent that you are at least 18 years of age, have the legal capacity to enter into binding agreements, and are not prohibited from doing so under applicable law.

3. Publisher Partners

Access to our publisher network is subject to application and approval at AdSwapper Media's sole discretion. Approved publisher partners are additionally governed by the Master Publisher Agreement, which is incorporated into these Terms by reference. Key obligations include:

• Compliance with all applicable laws, including CAN-SPAM, TCPA, FTC regulations, and all relevant state laws
• Prohibition on bot traffic, automated clicks, incentivised traffic (without prior written approval), adult content, gambling, and any deceptive or misleading advertising practices
• Obligation to maintain suppression lists for email campaigns and include required opt-out mechanisms
• Agreement that AdSwapper Media's tracking and conversion determinations are final

4. Advertiser Partners

Advertiser partnerships are governed by individually negotiated Insertion Orders ("IOs") and applicable agreements. Advertisers agree to provide accurate offer information, honour agreed payout terms and caps, and promptly report any conversion discrepancies. AdSwapper Media reserves the right to pause or remove any offer at any time for quality or compliance reasons.

5. Acceptable Use

You agree not to:

• Use the Services for any unlawful purpose or in violation of these Terms
• Attempt to gain unauthorised access to any part of our systems or networks
• Introduce malware, viruses, or other harmful code into our systems
• Scrape, harvest, or extract data from our website without written permission
• Misrepresent your identity, traffic sources, or business operations
• Engage in any activity that could damage the reputation or operations of AdSwapper Media or its partners

6. Intellectual Property

All content on this website, including text, graphics, logos, and software, is the property of AdSwapper Media or its licensors and is protected by applicable intellectual property laws. Nothing in these Terms grants you any right to use our trademarks, trade names, or branding without our prior written consent.

7. Disclaimers

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. ADSWAPPER MEDIA DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS. WE DO NOT GUARANTEE ANY SPECIFIC VOLUME OF TRAFFIC, LEADS, OR REVENUE.

8. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, ADSWAPPER MEDIA SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, OR BUSINESS OPPORTUNITIES, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICES. OUR TOTAL CUMULATIVE LIABILITY TO YOU SHALL NOT EXCEED THE AMOUNTS PAID TO YOU BY ADSWAPPER MEDIA IN THE SIX (6) MONTHS PRECEDING THE CLAIM.

9. Indemnification

You agree to indemnify, defend, and hold harmless AdSwapper Media and its officers, directors, employees, and agents from any claims, damages, losses, or expenses (including reasonable legal fees) arising from your use of the Services, your violation of these Terms, or your violation of any third-party rights.

10. Termination

AdSwapper Media reserves the right to suspend or terminate your access to the Services at any time, with or without notice, for any reason including violation of these Terms. Upon termination, all rights granted to you under these Terms will immediately cease.

11. Modifications

We may update these Terms at any time by posting a revised version on this page. Material changes will be communicated via email where applicable. Your continued use of the Services after changes are posted constitutes your acceptance of the updated Terms.

12. Governing Law

These Terms are governed by and construed in accordance with the laws of the State of Georgia, United States, without regard to its conflict of law provisions. Any disputes arising under these Terms shall be subject to the exclusive jurisdiction of the courts located in Atlanta, Georgia.

13. Contact