· DATA PROTECTION and OBLIGATIONS OF THE PUBLISHER: For email broadcasts and other.
To join Skylight Media Marketing Network and to become a Publisher, you must first read carefully the following terms and Conditions which govern the Publisher Program (the "Conditions").
If you accept these Conditions, please click the "I accept these Terms and Conditions" button.
If you do not wish to accept these Conditions, you will not have the opportunity to run as a Publisher and will not be able to use the Skylight Media Marketing service.
1.1 The following words and expressions when used throughout these Conditions shall have the following meanings:
Words and Expressions | Definition and Interpretation |
Artificial Traffic | means a collective term for invalid Clicks, Leads and Transactions/Sales which may originate from (for example, but not limited to) automatic openings, spiders, robots, adware or spyware, requested in emails or chat rooms, script generators, inserting links on websites other than those specified, Clicks that are not generated by a browser and Clicks that are not preceded by the an act of a consenting Visitor who wishes to be directed to a certain website |
Click(s) | means the action of opening a link inserted on the Publisher's website. Once the link is opened, the Visitor is thereby directed to a Linked Website |
Lead | means a Visitor who has been directed to a Linked Website by way of the Publisher and has gone on to complete a definite act at the Linked Website, for example; making a valid registration, or submitting a valid email address |
Linked Website | means the website on which the Publisher has inserted a link |
Skylight Media Marketing | means Skylight Media Marketing (Advertiser) |
Publisher | means you, the person who enters into the Agreement with Skylight Media Marketing which is governed by these Conditions |
Publisher Program | means a Program that is operated by Skylight Media Marketing on behalf of a company on Mindtech's website that the Publisher can join |
Traffic | means a collective term for valid Clicks, Leads and Transactions/Sales |
Transaction(s)/Sale(s) | means a completed agreement to purchase a product, service or anything else supplied on a Linked Website by a Visitor, who has been directed to a Linked Website by way of the Publisher |
Visitor | means any person who Clicks on a link inserted on the Publisher's website and is thereby directed to a Linked Website |
Receiver | means any person that has been sent an email into their inbox. "Website" means |
1. Services Provided
1.1 Skylight Media Marketing provides services to third parties ("Third Party Advertisers") seeking to promote their products. Skylight Media Marketing posts all relevant Program information to the Publisher on its Platform, via email, or on a third-party platform. The specific amount and terms under which the Publisher will receive payment are outlined in the IO, Email, or Program when the applicable Program's requirements are met.
2. Program Syndication
2.1 Publisher agrees to display Program advertising links, including Ad elements, precisely as provided by Skylight Media Marketing, on Publisher's designated media, tracking system, or via email. Any alterations to Ads require written approval from Skylight Media Marketing. Publisher agrees to comply with all applicable laws and Skylight Media Marketing Acceptable Use Policy. If the Publisher intends to utilize its own advertising materials, they must first seek approval from Skylight Media Marketing. Upon approval, the Publisher may use these materials, with the understanding that they are not permitted to make any alterations or modifications to the provided materials.
3. Monitoring and Compliance
3.1 While Skylight Media Marketing is not obligated to do so, it reserves the right to monitor the Publisher's Services for compliance with the terms outlined in this Agreement, as well as adherence to applicable laws and Advertiser campaign requirements. Any data obtained through third-party monitoring will be shared with Skylight Media Marketing.
4. Link Integrity
4.1 Publisher shall not interfere with or modify Program links or tracking devices without written approval from Skylight Media Marketing.
4.2 The Publisher is not authorized to distribute Skylight Media Marketing offers to sub-Publishers unless explicit prior written permission is granted by Skylight Media Marketing. All sub-Publishers must be identified by Sub-Id and receive approval from Skylight Media Marketing unless negotiated. The Publisher assumes full responsibility and liability for all actions of sub-Publishers, including ensuring their compliance with the terms and conditions of this Agreement and all relevant laws, rules, and regulations.
5. Obligations of the Publisher
5.1 The Publisher shall be responsible for the content and operation of its website, displaying of links, ensuring the accuracy, completeness, etc. of links/adverts/content, and shall comply with all applicable laws and regulations, including but not limited to the E-Privacy Directive 2002/58/EC, The Consumer Protection From Unfair Trading Regulations 2008, The Electronic Commerce (EC Directive) Regulations 2002, The Privacy and Electronic Communications (EC Directive) Regulations 2003, the Data Protection Act 2018, and the General Data Protection Regulation (GDPR).
5.2 If the Publisher is an individual, the Publisher shall be at least eighteen (18) years of age. If the Publisher is under the age of eighteen (18), parental or legal guardian consent is required from a person who is at least eighteen (18) years of age for the registration to Skylight Media Marketing service. If the Publisher is yet to reach the age of eighteen (18) and has registered to Skylight Media Marketing service without the aforementioned consent then the Publisher’s registration will be deemed invalid.
5.3 The Publisher warrants that any information provided to Skylight Media Marketing about itself and its website is factually correct, complete, and submitted in due order. The Publisher shall immediately notify Skylight Media Marketing of any changes regarding its personal information given to Skylight Media Marketing by updating its information on the Website. If the Publisher is a limited company, then the Publisher must provide Skylight Media Marketing with its registered company name, company number, registered office address, trading address (if different), and VAT registration number (if applicable).
5.4 The Publisher warrants that the rights to all information and content on the Publisher’s website belong to the Publisher. If the Publisher does not own the rights to the information and/or content then it warrants that it has obtained the previous consent to its publication from the rightful owner, including all necessary licenses and consents. The Publisher also warrants that all information and content on the Publisher’s website do not breach any rights of third parties, including intellectual property rights, and that such information and content are not offensive, prohibited, or questionable in any way. Examples of such content include (but are not limited to) pornography, xenophobic or hateful content, as well as adware, spyware, Peer2Peer, and file sharing.
5.5 The Publisher shall not generate, or contribute to the act of generating, Artificial Traffic to Linked Websites. This includes, but is not limited to, Publisher self-generated Leads.
5.6 The Publisher shall immediately inform Skylight Media Marketing of any known or suspected wrongful use of a Publisher Program, the Publisher’s links to Linked Websites operating as a part of Skylight Media Marketing’ service, or of any improper use of Skylight Media Marketing’ service whatsoever.
5.7 The Publisher shall provide a clear and unambiguous notice to visitors to the Linked Website that it may earn remuneration for recommending a company’s product on its Linked Website. The Publisher shall ensure that the Linked Website shall display the earnings disclosure badge in the manner prescribed on http://affiliatedisclosure.com/best-practice.php (as amended from time to time).
5.8 Notwithstanding the provisions of Schedule I (Data Protection), the Publisher shall cooperate fully and in a timely manner with any reasonable request from time to time of any auditor (whether internal or external) of Skylight Media Marketing and at the expense of the Publisher to provide documents, or to procure the provision of documents, relating to the Agreement, and to provide, or to procure the provision of, any oral or written explanation relating to the same.
5.9 The Publisher recognizes that Skylight Media Marketing has proprietary relationships with Advertisers. The Publisher agrees not to circumvent Skylight Media Marketing’ relationship with such Advertisers, or to otherwise solicit, purchase, contract for, or obtain services similar to the Services performed by Skylight Media Marketing hereunder from any Advertiser that is known, or should reasonably be known, by Publisher to have such a relationship with Skylight Media Marketing, during the term of the Agreement and for six (6) months following termination or expiration of the Agreement. Notwithstanding the foregoing, to the extent that Publisher can show that any such Advertiser already provided such services to Publisher prior to the date of the first IO executed by the parties, then Publisher shall not be prohibited from continuing such relationship.
6. Obligations of the Publisher for Email Broadcasts
6.1 The Publisher warrants that all email data collected for third-party marketing communications has been lawfully obtained and is processed in accordance with all applicable laws and regulations.
6.2 The receiver must have the opportunity to opt-out both when they first collect the details and in every email sent.
6.3 Unless otherwise stated, email from line, headers, and footers must reference the original source of data capture as the sender, or reference a sender that was established at the point of registration as a third party. The client/advertiser must not be the only reference in the from line and must be second to sender, i.e., From: XYZ list - Advertiser ABC.
6.4 Third parties that receive data for marketing purposes must have been specifically named at the original registration point.
6.5 You must carry out due diligence and check that any data provided is compliant and that you can provide full information if challenged.
6.6 Information to provide for a look-up to prove consent was obtained.
6.7 The Publisher takes full responsibility to manage complaints, including the ICO and claims or complaints from recipients or data subjects resulting from data you have provided, used, or selected for use for Skylight Media Marketing campaigns.
6.8 The Publisher takes full liability and shall indemnify Skylight Media Marketing and our Clients in full and on demand for any claims, damages awarded, or fines from any regulatory body including the ICO, resulting from any complaint or judgment of non-compliance to PECR.
6.9 Skylight Media Marketing reserve the right to take legal action for damages, financial or to reputation, resulting from non-compliant data provided or used by partners for Skylight Media Marketing campaigns.
6.10 The full ICO guidance document that Skylight Media Marketing have referred to above can be viewed here: [ICO Guidance](https://ico.org.uk/media/for-organisations/documents/1555/direct-marketing-guidance.pdf)
7. Tracking Account Access
7.1 Publisher may access its tracking account through the Platform. Reverse engineering or unauthorized access to any advertiser’s or tracking data is prohibited.
8. Ownership of Materials
8.1 Skylight Media Marketing owns all rights to materials on its Platform, including user data. Information provided by end-user customers is confidential and may not be disclosed. Data derived from Data Miners may be shared with Publisher for optimization purposes.
9. Confidentiality
9.1 Both Parties agree to use each other's "Confidential Information" solely for the purposes of this Agreement. Confidential Information shall not be disclosed to third parties, except as required by law or with written consent.
10. Fraud Monitoring
10.1 Skylight Media Marketing reserves the right to monitor traffic to detect any fraudulent activity, including but not limited to click fraud and lead generation fraud. Engaging in fraudulent activity may result in the suspension or termination of the Publisher's account, with any outstanding amounts remaining unpaid. Furthermore, in cases where the Publisher has already received payment for fraudulent activities, Skylight Media Marketing retains the right to seek reimbursement or credit from future earnings.
11. Confirmation of Numbers
11.1 The payment confirmation will be made once Skylight Media Marketing receives confirmation from the advertiser. The Publisher agrees not to seek number confirmation earlier than the notice provided by Skylight Media Marketing. In such cases, the Publisher will be responsible for any damages and shall not hold Skylight Media Marketing liable for any extra payments.
12. Payment and Disputes
12.1 Payment will be based on each event counted and approved by both Skylight Media Marketing and the advertisers of Skylight Media Marketing. Payment will only be initiated once Skylight Media Marketing receive the corresponding amount from the advertiser into the Skylight Media Marketing account. Skylight Media Marketing may offset amounts for invalid events or technical errors.
12.2 Skylight Media Marketing may withhold payment under various circumstances, including instances where unusual deductions are applied during the payment process, the Advertiser has not remitted payment to Skylight Media Marketing for approved events, or if the Publisher fails to provide the necessary information for payment initiation, such as the "W8/W9 tax form" or bank account verification screenshots. In such situations, Skylight Media Marketing will withhold payment until the required information is provided and subsequently approved by Skylight Media Marketing.
13.1 Commission Structure
13.1.1 The Affiliate Partner shall receive a commission of [Commission Percentage]% on sales generated through their affiliate links.
13.1.2 The minimum payment threshold is $500. Earnings below this threshold will roll over to the next payment cycle. The Affiliate Partner agrees not to seek payment confirmation or payment earlier than the notice provided by Skylight Media Marketing. In such cases, the Affiliate Partner will be responsible for any damages and shall not hold Skylight Media Marketing liable for any extra payments.
14. Termination
14.1 Either Party may terminate this Agreement with three business days' notice. Termination may also occur if a Party believes the other is in violation of applicable law or this Agreement. Termination notices will be provided via email and will be effective immediately. All payment obligations accruing before termination shall survive.
15. Representations and Warranties
15.1 Both Parties shall comply with all applicable laws, rules, and regulations. Websites, databases, and emails shall comply with laws and regulations. Publisher shall not engage in deceptive practices or violate third-party terms. Publisher represents and warrants the use of consumer data as agreed. All Parties shall comply with the terms of use regarding dispute resolution.
16. Liability and Damages
16.1 Parties shall not be liable for special, indirect, or consequential damages. Liability is limited to direct damages only. Parties shall not be liable for downtime or interruptions in service.
17. Confidentiality of Legal Actions
17.1 Parties shall notify each other of any legal actions related to the Services provided under this Agreement.
18. Governing Law and Jurisdiction
18.1 This Agreement is governed by and construed in accordance with the laws of Pakistan.
18.2 Any disputes arising from this Agreement shall be subject to the exclusive jurisdiction of the courts of Pakistan.
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the Effective Date.