Publisher Agreement

PUBLISHER TERMS AND CONDITIONS 

adMingle is an effective and targeted online advertising system which enables third party brand owners (“Advertisers) to maximise and “amplify” awareness and sales of their products and/or services via social networks. 

The social media users that will publish advertisements/campaign messages will be referred to as the “Publisher(s)”. 

The PUBLISHERS registered in the adMingle system via www.admingle.com.ng (“the Site”) to post campaign messages on behalf of Advertisers are subject to these Publisher Terms and Conditions (or any other terms and conditions agreed in writing with adMingle NG) in addition to the Terms of Website Use, Acceptable Use Policy and Privacy Policy and hereinafter will be referred to as PUBLISHER or Party individually and as Parties together with adMingle / or adMingle NG. 

1. When the membership request / registration of the PUBLISHER is approved by adMingle and adMingle NG, a password will be sent to the e-mail address submitted when registering with the site. The PUBLISHER is responsible for the security of the password and the PUBLISHER must treat such information as confidential, and must not disclose it to any third party. 

2. To ensure advertiser/brand safety, adMingle will review PUBLISHERS’ social pages/platforms prior to offering participation in campaigns. adMingle reserves the right to block or deactivate PUBLISHERS who engaged in offensive and negative activities on their platforms.

3. The PUBLISHER will log in to the Site and view the campaigns that may be presented to them by adMingle and adMingle NG. The information presented to the PUBLISHER shall include the trade mark / brand and product or service which is the subject of the campaign, the content of the campaign message and the fee offered to the PUBLISHER if they agree to publish the campaign message on the requested social media site(s) for the required duration. 

4. A PUBLISHER who has participated in a campaign will be excluded from future campaigns of competing brands, for a period for 4 months. 

5. The choice of the campaign messages to be published will be made according to the demands of the Advertisers and the preferences of adMingle and adMingle NG. In cases where multiple campaign messages are submitted to the PUBLISHER, the PUBLISHER is free to choose any number of them however, only one campaign message per a specific campaign for an Advertiser shall be posted by the PUBLISHER. adMingle and adMingle NG make no guarantees to the PUBLISHER in relation to the number of campaigns offered to them and the level of fees that they may achieve. 

6. When the PUBLISHER accepts a campaign message on behalf of an Advertiser, such campaign message must be final approved by the Advertiser. Once final approved, the PUBLISHER shall post the campaign message on the social media site(s) requested by the Advertiser and on the date requested by the Advertiser. 

7. The PUBLISHER warrants that it shall only submit / post the campaign message in the exact form as finally approved. If the PUBLISHER does not post the campaign in the form as final approved the ADVERTISER, adMingle and adMingle NG reserve the right to withhold any fees payable to the PUBLISHER for such campaign message. If the PUBLISHER is given access to produce their own content in relation to a brief submitted by the Advertiser, this clause shall not apply to that particular campaign.  

8. The PUBLISHER must keep the approved campaign message on display on the relevant social media site(s) for 72 (Seventy two) hours (“the Period”) without any change or interruption. If the PUBLISHER does not display the campaign message for the Period then the PUBLISHER shall not be entitled to payment of the fees. 

9. However, in cases where adMingle and / or adMingle NG or the Advertiser decides to withdraw the campaign message (through no fault of the Publisher) before the Period is over the PUBLISHER will be entitled to the fees as agreed between the parties. 

10. The fees payable to the PUBLISHER shall be transferred into his/her account within 7 working days from the point the PUBLISHER request for payment after the campaign ended. The minimum amount to be transferred is N5,000. Furthermore, PUBLISHER must have at least 2 of his/her Social Accounts connected into the system. Amounts less than N5,000 or for PUBLISHERS who has not connected at least 2 of their social accounts, will be accumulated until it reaches the minimum amount of 5,000, after which it will be transferred to the PUBLISHER account.

11. The PUBLISHER warrants that it shall not post anything in response to a campaign message on any social media website or otherwise which is defamatory, contrary to the laws relating to privacy, which infringes any third party intellectual property rights or any other rights of any third party. 

12. The PUBLISHER shall indemnify and hold harmless adMingle and adMingle NG (together with their respective officers, servants and agents) (“the Indemnified Party”) against any and all liability, loss, damage, costs, legal costs, professional and other expenses of any nature whatsoever incurred or suffered by the Indemnified Party arising out of any breach of these terms and conditions by the PUBLISHER including a breach of the warranties in paragraphs 6 and 10 above or non-performance by the PUBLISHER of its obligations under these terms and conditions. 

13. If it is determined that the information given by the PUBLISHER when registering with the Site is incorrect or false, if the PUBLISHER violates any Agreement with adMingle and / or adMingle NG or any of the terms and conditions governing use of the Site, if it is observed that the service is used in bad faith or if adMingle / adMingle NG deems necessary, the membership of the PUBLISHER may immediately be annulled and / or blocked from access unilaterally without any notification and without paying any compensation. All rights on this issue are reserved by adMingle / adMingle NG. 

14. In the event that any of the information provided by the PUBLISHER upon registration changes (including contact details, bank account details, etc.) the PUBLISHER must inform adMingle as soon as reasonably practicable and in any event, within 7 (Seven) business days. Or else, the responsibility of all kinds of loss of benefits that might occur will belong to the PUBLISHER. 

15. The PUBLISHER accepts that adMingle and / or adMingle NG may change the structure of the services (including but not limited with campaign offering time and manner, pricing, algorithms, reporting forms) without prior notification whenever they deem fit and / or may terminate any services or some of their features temporarily or permanently. 

16. adMingle and adMingle NG use reasonable efforts to ensure that the Site is free from viruses and other malicious or harmful content. However, we cannot guarantee that your use of the Site (including any content on it or any website accessible from it) will not cause damage to your computer or other device. It is your responsibility to ensure that you have the right equipment (including antivirus software) to use the Site safely and to screen out anything that may damage or harm your computer or other device. Except where required by applicable law, adMingle and adMingle NG shall not be liable to any person for any loss or damage they suffer as a result of viruses or other malicious or harmful content that they access from or via the Site. 

GENERAL 

17. We may update or amend these PUBLISHER Terms and Conditions from time to time to comply with law or to meet our changing business requirements without notice to you. Any updates or amendments will be posted on the Site. 

18. The PUBLISHER may not assign or sub-contract any of its rights or obligations under these Publisher Terms and Conditions to any third party unless we agree in writing. 

19. We may assign, transfer or sub-contract any of our rights or obligations under these Publisher Terms and Conditions to any third party at our discretion. 

20. No relaxation or delay by us in exercising any right or remedy under Publisher Terms and Conditions shall operate as waiver of that right or remedy or shall affect our ability to subsequently exercise that right or remedy. Any waiver must be agreed by us in writing. 

21. If any of these Publisher Terms and Conditions are found to be illegal, invalid or unenforceable by any court of competent jurisdiction, the rest of these Publisher Terms and Conditions shall remain in full force and effect. 

22. No third party shall be entitled to enforce any of these Publisher Terms and Conditions, whether by virtue of the Contracts (Rights of Third Parties) Act 1999 or otherwise. 

23. These Publisher Terms and Conditions are governed by Nigerian law. In the event of any matter or dispute arising out of or in connection with these Publisher Terms and Conditions, all parties shall submit to the exclusive jurisdiction of the Nigerian courts.