Terms Of Service

The Advertiser/Publisher affirms to be over 18 years of age, and fully able and competent to enter into the terms and conditions of this agreement. Additionally, the Advertiser/Publisher must have an account with PayPal.


The Advertiser/Publisher warrants that the content of his/her Advertisements/Sites do NOT
contain discriminations or defamations regarding race, gender, religion, nationality, disability, sexual preference or age
comprise messages which glorify violence
infringe copyright, trademark or other third party intellectual property rights
compromise the Advertiser's/Publisher's reputation, brand or business

Company provides advertising content (“Offers”) including images and text (“Creatives”) in connection with various advertising campaigns sponsored by Company or its third party advertising clients (“Advertisers”) on Company’s proprietary network (“Campaign(s)”). Company posts software code (“Ad Codes”) customized to each Publisher on its website. Publishers include Ad Codes on their mobile web sites to request Creatives in an automated fashion. Approved Publishers shall be permitted to download the Ad Codes to request Creatives: (i) for publication on Publisher’s mobile website and/or any other mobile website Publisher with, owned, operated and/or controlled by Publisher (“Publisher WAPsite”). The Campaigns will specify the amount and terms under which You will receive payment (“Bounty”) when the Campaign's requirements are fulfilled. Bounties are generated from a specified event (“Event”) identified in the Campaign terms and conditions which include, without limitation, clicks, click-throughs, sales, registrations, impressions and leads, as applicable. The definition of the Event associated with each Campaign shall be set forth in the applicable Campaign’s specifications, and such definition shall apply with respect to that Campaign. Company may change a Campaign at any time, unless otherwise specified in the Campaign terms, upon prior notice to You. Company is responsible for displaying and administrating all active Campaigns and tracking associated Campaign payments owed. Company shall compile, calculate and electronically deliver data necessary to determine Your billing and compensation. Company’s figures and calculations regarding Events, Bounties and any compensation due to You shall be final and binding. Any questions regarding the data provided by Company need to be submitted in writing within fourteen (14) days of receipt, otherwise the information will be deemed accurate and accepted as such by You.
Your Publisher Site must meet the following criteria:
Your Publisher Site must contain distinct and legitimate content, substance and material, not simply a list of links or advertisements. Further, the applicable Publisher Site(s) must serve a purpose substantially or completely separate and distinct from merely being designed to earn money solely from Company's Advertisers or other third party advertisers. Your Publisher Site may not incentivize users to click on ads. Incentives include, but are not limited to, awarding users cash, points, prizes, contest entries, etc. Your Publisher Site must be fully functional at all levels; no "under construction" sites or sections are permissible


All Publisher accounts will be paid in US dollars ($US) via Paypal. Payments will be issued if the earning amount is over Fifty US Dollars ($50).

We actively monitor traffic and campaigns activities for fraud. If we suspects that Publishers account has been used in a fraudulent manner, Publishers account will be deactivated effective immediately and with no notice to Publisher pending further investigation. If Publisher fraudulently add leads, clicks or other Events, or inflate leads, clicks or other Events, through the use of fraudulent means of traffic generation (as determined solely by adtwirl.com, such as pre-population of forms or mechanisms not approved by adtwirl.com), Publisher will forfeit his entire Bounty-related commissions for all campaigns, not just those commissions associated with the fraudulent activity, and Publishers account will be terminated effective immediately. We reserve sole judgment in determining fraud, and Publisher agrees to be bound these determinations. Publisher shall not, and shall not authorize or encourage any third party to generate fraudulent impressions of or fraudulent clicks on any advertisement, including but not limited to, through repeated manual clicks, the use of robots or other automated query tools and/or computer generated search requests, and/or the fraudulent use of other search engine optimization services and/or software. Publisher shall not use any means to artificially increase the number of Impressions or Clickthroughs available including but not limited to encouraging users to click on banners with offers of cash, prizes or anything else of value in exchange for services. When fraud is suspected, it is the obligation of Publisher to prove to us that the Publisher has not engaged in fraud. We will hold Publisher Bounty-related payments in 'Pending Status' until Publisher has satisfactorily provided evidence that Publisher has not engaged in fraud.

Neither Party shall be liable to the other by reason of failure or delay in the performance of its obligations hereunder on account of telecommunications, Internet or network failure or interruption, results of computer hacking, Acts of God, fires, storms, war, governmental action, labor conditions, earthquakes, natural disasters or any other cause which is beyond the reasonable control of such Party.

User will indemnify and hold Company, its parents, subsidiaries, affiliates, officers and employees, harmless, including costs and attorneys' fees, from any claim or demand made by any third party due to or arising out of User's access to the Site, use of the Services, the violation of this Agreement by User, or the infringement by User, or any third party using the User's account, of any intellectual property or other right of any person or entity.

We are not responsible for any aspect of your or any third-party site(s).

IN NO EVENT SHALL COMPANY BE LIABLE TO YOU OR ANY THIRD PARTY (INCLUDING, WITHOUT LIMITATION, ANY CUSTOMERS OBTAINED THROUGH YOUR MARKETING EFFORTS) FOR ANY DAMAGES OF ANY KIND ARISING FROM YOUR USE OF THE SITE, OPERATION OF A CAMPAIGN, ADVERTISERS’ UNDERLYING PRODUCTS AND/OR SERVICES OR YOUR DISPLAY OF ANY CREATIVE ON OR THROUGH YOUR PUBLISHER MOBILE SITE INCLUDING BUT NOT LIMITED TO SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE AND/OR CONSEQUENTIAL DAMAGES, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. COMPANY’S MAXIMUM AGGREGATE LIABILITY TO PUBLISHER AND ANY THIRD PARTY UNDER ANY AND ALL CIRCUMSTANCES SHALL BE FIVE HUNDRED DOLLARS ($500). PUBLISHER RECOGNIZES AND ACKNOWLEDGES THAT THIS LIMITATION OF DAMAGES IS FAIR AND REASONABLE.
THE SITE, CREATIVE, OFFERS, CAMPAIGNS, ADVERTISERS’ UNDERLYING PRODUCTS AND SERVICES, INFORMATION, CONTENT AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND ALL WARRANTIES, EXPRESS AND IMPLIED, ARE DISCLAIMED (INCLUDING, WITHOUT LIMITATION, THE DISCLAIMER OF ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY AND/OR FITNESS FOR A PARTICULAR PURPOSE). THE SITE, CREATIVE, OFFERS, CAMPAIGNS AND/OR ADVERTISERS’ UNDERLYING PRODUCTS AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. COMPANY HAS NO LIABILITY, WHATSOEVER, TO PUBLISHER OR ANY THIRD PARTY, FOR PUBLISHER’S USE OF, OR INABILITY TO USE, THE SITE, CREATIVE, OFFERS, CAMPAIGNS AND/OR ADVERTISERS’ UNDERLYING PRODUCTS OR SERVICES AND COMPANY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS AND IMPLIED, THAT PUBLISHER’S USE OF SAME WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT ANY OF THE CAMPAIGNS WILL BE AVAILABLE TO PUBLISHER. THE NEGATION OF DAMAGES SET FORTH HERE IN ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN COMPANY AND PUBLISHER. THE SITE, CREATIVE, OFFERS, CAMPAIGNS AND/OR ADVERTISERS’ UNDERLYING PRODUCTS AND SERVICES WOULD NOT BE PROVIDED TO PUBLISHER WITHOUT SUCH LIMITATIONS. COMPANY MAKES NO REPRESENTATION OR WARRANTY WITH RESPECT TO ANY RESULTS OBTAINABLE THROUGH THE SITE, CREATIVE, OFFERS AND/OR CAMPAIGNS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY PUBLISHER FROM COMPANY THROUGH THE SITE, CREATIVE, OFFERS AND/OR CAMPAIGNS SHALL CREATE ANY WARRANTY, REPRESENTATION AND/OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.

AdTwirl has the discretion to update this terms of service at any time. When we do, we will revise the updated date at the bottom of this page. We encourage Users to frequently check this page for any changes to stay informed about how we are helping to protect the personal information we collect. You acknowledge and agree that it is your responsibility to review this privacy policy periodically and become aware of modifications.

By using this Site, you signify your acceptance of this terms and privacy policy. If you do not agree to this terms, please do not use our Site. Your continued use of the Site following the posting of changes to this policy will be deemed your acceptance of those changes.

If you have any questions about this Terms of Service, the practices of this site, or your dealings with this site, please contact us at:
AdTwirl
http://adtwirl.com
This document was last updated on March 16, 2012