Publisher - Terms of use

By accessing Roket Media's Ltd. (“Roket Media”) Partner Website (the “Site”), you the Publisher (“Publisher”, “you”) agree to be bound by these terms of use (this “Agreement”), which governs (i) your participation in the Roket Media Partner Program (the “Program”), (ii) use of the Site, use and display of one or more Embeddable Video Player Window(s), as described in Section ‎5.1 (“Embed Software” or “Embed Players”), (iii) your use of the VAST (Digital Video Ad Serving Template) /VPAID (Video Player-Ad Interface Definition) Ad Handler (“Ad Tag”) and (iv) use or display of any other visual or textual content or advertising (“Content”) delivered hereunder (by Roket Media or otherwise). If you do not agree with any of the terms set forth herein, you must not attempt to use or access the Site including the Embed Software code or any related material or Content.

1. Roket Media Partner Program Participation.

2. License.

3. Revenue Share

4. Payment Frequency

5. Embed Software Editorial Instructions

6. Publisher Do's & Don'ts

7. Incentivized Means and Fraudulent Activities

8. Investigation of Suspected Activity

9. Ownership of Data and Privacy Policy.

10. Term and Termination.

11. Failure to Comply.

12. Program Modification. Roket Media may modify the Program, Embed Software, Ad Tags or Content at any time, without prior notice and in any manner at Roket Media's sole discretion.

13. Confidentiality

14. Indemnity

15. Your Representations. You represent and warrant that:

16. Warranties and Program Availability. The Site, Program, Content including the Embed Software, Ad tags and all content, advertising, related assets and services included therein, therewith or in connection thereto and/or in connection with the Activities, are provided "as is", "as available" and with all "flaws". Roket Media its affiliates and subsidiaries make no representation or warranties with respect to the Program, and all related Content, advertising, related assets and services included therein and expressly disclaims all other warranties, expressed or implied, oral or written, including, without limitation, any implied warranties of non-infringement, merchantable quality or fitness for a particular purpose. Roket Media its affiliates and subsidiaries do not warrant that the Program, and all related Content, advertising, related assets and services included therein will operate uninterrupted or error-free, or that any defects will be corrected. Roket Media shall not be responsible for software or content that is served through or linked from the Program (including, but not only, such delivered by Content Owners and/or Advertising Platform Provider/s), and all related content, advertising, related assets and services included therein.

17. Limitation of Liability. IN NO EVENT SHALL ROKET MEDIA OR ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY INCLUDING, WITHOUT LIMITATION, LOST PROFIT, LOSS OF CONTRACTS, DATA, INFORMATION, GOODWILL, INCOME, ANTICIPATED SAVINGS OR BUSINESS RELATIONSHIPS, DAMAGES ARISING IN CONNECTION WITH THIS AGREEMENT, EVEN IF THE COMPANY HAS BEEN NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGE. THE LIMITATION OF LIABILITY IN THIS REGARD APPLIES TO THE MAXIMUM EXTENT PERMITTED BY LAW. PUBLISHER'S ONLY RIGHT OR REMEDY WITH RESPECT TO ANY DISSATISFACTION WITH THE PROGRAM, SITE AND/OR CONTENT IS TO IMMEDIATELY CEASE TO USE THE PROGRAM, SITE AND/OR THE CONTENT NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, ROKET MEDIA'S TOTAL LIABILITY UNDER THIS AGREEMENT FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO AN AMOUNT EQUAL TO THE LOWER OF (I) THE AMOUNT PAID, IF ANY, BY ROKET MEDIA TO PUBLISHER DURING THE 35 DAY PERIOD IMMEDIATELY PRECEDING THE DATE OF THE CLAIM OR (II) US$10,000. THE AFORESAID LIMIT SHALL NOT BE ENLARGED BY THE EXISTENCE OF MULTIPLE CLAIMS. NO ACTION ARISING HEREUNDER REGARDLESS OF ITS FORM MAY BE BROUGHT BY PUBLISHER MORE THAN 60 DAYS AFTER THE CAUSE OF ACTION HAS ACCRUED.

18. General