Terms of Service

Terms and Conditions

1. SCOPE AND PURPOSE

1.1. These Terms and Conditions of Use, together with the Privacy Policy made available on this website must be read and accepted during the registration process, and contain the general conditions of use of the website and, consequently, all the rights and obligations which correspond to you as an affiliate of the network and the binding regulation of the relation between Givenopinion, as owner of the website and provider of the Service, and you the Affiliate, as beneficiary of the service provided through the www.givenopinion.com website (hereinafter, Givenopinion or the website).

2. GENERAL DESCRIPTION OF THE WEBSITE

2.1. Givenopinion is a website that offers the Affiliate the opportunity to obtain profitability to the content of his/her own website/blog thanks to the different services offered and that are based on accessing, viewing, reading, completing and in general, interacting with content and/or brand advertising tools and/or third parties available through the website and in different modalities that will be exposed in the Affiliate sites in different formats and in order to be used by visitors to the websites of these affiliates.

2.2. Hereafter, the functionality of the website shall be called the Service.

3. REGISTRATION PROCESS

3.1. To access the Service, you must register through the registration page of the Service and complete the corresponding digital form.

3.2. The collection and processing of the User’s or Affiliate's personal data and the use of rights to the data shall be governed by the provisions of the Legal Notice and Terms and Conditions of Use and by the Privacy Policy Givenopinion has made available to the Affiliate through links contained in these Terms and Conditions of Use and, at all times, on the website.

4. OPERATION OF THE WEBSITE

A) Access to the contents

4.1. The website offers the User/Affiliate, directly or by link, a diverse variety of contents –including but not limited to-, banners, photographs, images, videos, written texts, advertisements, questionnaires, applications and/or tools, games, etc. (hereinafter the Contents) which have the general purpose of advertising or promotion and have been generated by and/or for the benefit of third-parties, and are not the property of Givenopinion.

4.2. Givenopinion declares and the User/Affiliate acknowledges that Givenopinion acts solely as an intermediary with respect to the Contents which, directly or by link, are available through the website owned by Givenopinion. The Contents have been developed, managed and provided by third parties, who are solely responsible for them.

4.3. Access to certain Contents may be restricted by the respective owners for certain affiliates, such as minors or those who do not meet certain criteria. Givenopinion shall simply comply with the contractual instructions set forth by the owners of the Contents.

D) Payments

4.4. During the term of this Agreement, Givenopinion shall pay Affiliate a payment, as determined by Givenopinion in its sole and absolute discretion, calculated on the Net Revenue (“Revenue Share”). Revenue Share payments will be determined according to the Givenopinion payout policies in effect at the time based on a number of factors including, but not limited to, the quantity, quality, and validity of clicks on Ads, Ad impressions, and Actions. Revenue Share will be paid in U.S. Dollars.

4.5. Givenopinion shall pay Affiliate the Payments approximately thirty (30) days after the end of every calendar month. Payments shall be made to Affiliate electronically to the bank account set forth in registration form provided by Affiliate to participate in the Givenopinion online Affiliate network. Affiliate is responsible for maintaining current contact information including, but not limited to, bank account information, with Givenopinion. Any Affiliate banking fees, wire fees, and/or other charges for banking services incurred in connection with Payments shall be the sole responsibility of Affiliate.

4.6. Notwithstanding the foregoing, (i) amounts of less than $200.00 will be held by Givenopinion until amounts due equal or exceed $200.00, and (ii) Givenopinion shall not be responsible for any delays in Payments caused by incorrect banking information or other information supplied by Affiliate. Affiliate shall be solely responsible for the payment of, and shall pay when due and indemnify Givenopinion against, all applicable federal and state taxes, including any sales, use, excise or transfer taxes and other taxes associated with Payments to Affiliate under this Agreement. If the remuneration payable by Givenopinion to the Affiliate is subject to VAT, such applicable VAT is included in the aforementioned remuneration to the Affiliate which is visible on the platform.

4.7. Notwithstanding anything else to the contrary set forth in this Agreement, Givenopinion shall have no obligation to pay Affiliate any payments with respect to (i) amounts that Givenopinion is not able to pay to Affiliate after termination of this Agreement after Givenopinion commercially reasonable efforts to do so (for example, if Givenopinion is unable to make Payment to Affiliate due to Affiliate’s failure to maintain current contact details with Givenopinion), (ii) amounts generated based on or due to Affiliate’s breach of this Agreement, (iii) payments which represent net adjustments downwards for whatever reason to payments made by Advertisers, or legitimately withheld from payments due from Advertisers, (iv) payments in respect of which Givenopinion has not itself received payments from relevant third parties including, but not limited to, Advertisers, and (v) any fraudulent payments from Affiliates or any fraudulent or invalid Actions or any fraudulent or invalid clicks or impressions on any Ads generated by any person, bot, automated program or similar device in connection with any Ads provided by Givenopinion or the Platform, as determined by Givenopinion in its sole and absolute discretion, including, without limitation, any Actions, clicks or impressions (A) originating from Affiliate’s IP addresses or computers under Affiliate’s control, (B) solicited by payment of money, the exchange of goods or services, false representation, or request or incentive for Users to click on Ads, or any illegal or otherwise invalid request for Affiliates to complete Actions, (C) pursuant to which users were directly or indirectly misled or falsely encouraged to complete Actions, including without limitation making it seem that a user is completing an Action other than the Action actually being offered, or (D) pursuant to which a user provided false or misleading personal data.

4.8. Givenopinion may withhold a relevant portion of any Payment from Affiliate to offset any portion of any Payment previously received by Affiliate in respect of any matter under above Section. Affiliate understands that this may reduce the Payment owed to Publisher.

4.9. As a result of administrative and other costs that Givenopinion incurs in providing its services under this Agreement, in the event that the total Payment amount owed to Affiliate upon termination or expiration of this Agreement is less than fifty dollars ($50.00), notwithstanding anything else set forth in this Agreement to the contrary, Affiliate understands and agrees that Givenopinion is not obligated to send Affiliate such Payment and that Givenopinion may retain such amount as if the same had never been the subject of any obligation to be paid by Givenopinion.

4.10. Affiliate understands and agrees that Givenopinion may offset from any Payment any amount owed by Publisher, or any parent, subsidiary, or affiliate of Publisher, to Givenopinion or any parent or subsidiary company of Givenopinion.

5. USE OF SERVICE: RIGHTS AND OBLIGATIONS OF THE AFFILIATE

5.1. The Affiliate shall be entitled to inform Givenopinion of the existence of any inappropriate or unlawful content and to request that it be removed from the website, provided there is justification for such a request. Givenopinion may accept or dismiss the request, although it shall in any event be obliged to respond.

5.2. By accessing the Service the Affiliate is obliged to use it properly and in accordance with the present Terms and Conditions of Use, the Legal Notice and the Privacy Policy as well as with applicable national or international legislation and as well as with the principles of good faith, morality and public order and with the undertaking to abide by any additional instructions from Givenopinion in relation to the use and access of the website.

5.3. Givenopinion reserves the right to cancel an Account when no activity is recorded during a period of six (6) months or more, and after informing the account holder with at least twenty (20) days advance notice. In such a case, the User/Affiliate shall have a period of fifteen (15) days from the notification to withdraw the income. Once this period has elapsed, the Affiliate shall no longer be entitled to withdraw the money accumulated.

5.4. Similarly, Givenopinion reserves the right to take all measures set forth in Clause 7 herein in the event of misuse of the website and, in general, in the event of a breach of the obligations contained in the present Terms and Conditions of Use.

6. DISCLAIMER AND LIABILITY RELEASE

6.1. In general terms, Givenopinion’s legal responsibility and liability is governed by the corresponding clause in the Legal Notice.

6.2. Consequently, Givenopinion shall only be held responsible for damages or losses arising from the failure to meet the terms of an offer by suppliers (or any part thereof) where such damages are due to Givenopinion’s negligence or wilful misconduct. In all other cases, the Affiliate acknowledges that the responsibility corresponds to the third-party supplier, holding Givenopinion harmless from all liability and expressly waiving any claims or judicial or extrajudicial actions against Givenopinion for circumstances other than those of its negligence or wilful misconduct.

6.3. Where Givenopinion may be held liable as a result of the company’s negligent or criminal activity, such liability shall be limited to:

(i) The amount in cash equal to the value of the action performed by the Affiliate.

6.4. Under no circumstances shall Givenopinion be liable for loss of potential income or other direct or indirect damages that the Affiliate may suffer.

6.5. Similarly, Givenopinion shall not be liable for any losses or damages incurred by users after having been redirected to another web page or third-party platform and in relation to the contents of said web page or platform. In such cases, the owner of the web page, platform and/or support shall be solely responsible for any incident that may occur from the time the user accesses it.

6.6. Givenopinion shall not be held liable in any way in cases where the Affiliate has made inappropriate use of the website in accordance with the terms contained in Clause Seven below.

7. MISUSE OF THE WEBSITE

7.1. Any use of the website contrary to the Terms and Conditions of Use of the Service or the Legal Notice will be considered a misuse of the service and consequently a breach of contract by the Affiliate.

7.2. In such cases, Givenopinion reserves the right to provisionally delete, cancel, withdraw, suspend or block, immediately and without prior notice, the Affiliate's Account.

8. AMENDMENTS

8.1. Givenopinion reserves the right to modify, alter or replace, at any time, the present Terms and Conditions of Use of the Service. It also reserves the right to withdraw, modify or extend at any time the campaigns or services, as well as the conditions of operation of the Service. Givenopinion may also add any requirement or restrictions regarding the procedures contained in the present Terms and Conditions.

8.2. Notwithstanding the above, these changes shall be posted on the website by means of updates to the present Terms and Conditions and shall take effect from the moment in which the update occurs, and wherever possible, shall be notified by Givenopinion on the website as visibly as reasonably possible.

9. INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS

9.1. Givenopinion is the sole holder or grantee of -or holds the necessary licenses and/or authorizations to exploit- the intellectual and/or industrial property rights for the website and all its content (including but not limited to photographs, videos, documents, texts, virtual materials and/or audiovisuals, graphics, drawings, designs, etc.), as well as trademarks, logos, brand names or any distinguishing signs or symbols, software, applications, utility models or databases that are or have been part of it at some time.

9.2. Under no circumstances shall the access and use of the website constitute the waiver, license, full or partial transfer or license of any kind for the use, reproduction, publication, dissemination, disclosure and/or processing of the website or its contents, nor of the corresponding intellectual and/or industrial property rights.

9.3. Similarly, it is not authorized in any way to modify, copy, reuse, exploit, reproduce, publicly broadcast, republish, upload files, email, transfer, use, process or disseminate in any way all or part of the contents on the website without the express written permission of Givenopinion or where applicable, the holder of the corresponding rights.

10. ACCEPTANCE AND UNDERSTANDING OF THE TERMS AND CONDITIONS

10.1. The Affiliate expressly agrees and acknowledges that he/she is fully aware of and understands all the contents of these Terms and Conditions of Use and that, knowing and understanding them, expressly accepts them without exclusion or limitation of liability.

10.2. The Affiliate acknowledges that, barring any amendments to the present Terms and Conditions of Use, which will be duly published on the website and which shall take effect from the date of amendment, these Terms are valid for each and every use of the service performed by the affiliate and by subscribing to the service, the Affiliate is bound by the Terms for the duration of the relationship with Givenopinion, and as such may not claim to be unaware of the content or operation of the Service with respect to any future use of the Service while the present conditions remain in force.

11. ENTIRE AGREEMENT AND SEVERABILITY

11.1. The Terms and Conditions of Use constitute the complete and exclusive agreement between Givenopinion and the Affiliate in relation to the Service and supersede, broaden and replace any prior agreement entered into between the parties relating to the Service.

11.2. Moreover, the Affiliate shall also be subject to the additional terms and conditions indicated herein and in the Legal Notice and Privacy Policy and published visibly on the website. As such, acceptance of the present terms is expressly acknowledged by both Parties as implying the acceptance of those additional terms.

11.3. The present Terms and Conditions are to be applied in full, however, should any one of the terms herein be null or void, all remaining terms shall remain in full force and effect for the relationship between Givenopinion and the Affiliate.

11.4. Unless otherwise established in the present Terms and Conditions of Use, all lists, details, specific cases or items are cited merely as examples and are not exhaustive. Specific cases are included within generic areas as examples only and are similarly not exhaustive.

12. NOTIFICATIONS

12.1. The Affiliate may contact or notify the company via email or postal mail to the address contained in Clause 1 of the Legal Notice. However, to guarantee the sending and, where necessary, receipt of notifications, any means of communication that verifies the completeness of content and its receipt shall be adequate.

12.2. Givenopinion may also contact or notify the Affiliate using the email address provided during the registration process, and the Affiliate is entirely responsible for the accuracy or correctness of the email address provided. As such, and in using the aforementioned address, Givenopinion shall have complied with any obligation to notify.

13. APPLICABLE LEGISLATION

13.1. The present agreement is subject to the United States law.

13.2. The parties renounce any other jurisdiction to which they may have recourse to resolve any dispute over the subscription, validity, existence, interpretation, execution, compliance or termination of this Agreement and submit to the jurisdiction of the Courts of Georgia, United States.