General Terms & Conditions

General Terms and Conditions

Welcome to 249 Media, These General Terms and Conditions apply to the use of Services provided by 249 Media as defined below. By using the Service, you are bound to agreeing to the General Terms and Conditions. If you do not wish to agree to them, you cannot use our Services

Please read the Terms and Conditions carefully so that you are aware of your rights and obligations when using our Service.

1. Definitions

Account: means the Affiliate account on the 249 Media’s Platform associated with the Affiliate Program.

Affiliate: means any person with the age of at least eighteen (18) years or entity registered in such a status on the Platform. The terms “Affiliate” and “Publisher” can be used interchangeably.

Affiliate Content: the content selected by the Affiliate himself which, using the Mobile and Web Service, is offered to end users; this content is not 249 Media Content

Content: the Affiliate Content and the 249 Media Content together

Service: the platform exploited by 249 Media on which it provides the Affiliates with the Tools and the Content that enables them to offer the Mobile and Web Service, as described

Commission: means the amount payable to the Affiliate in return for marketing an Advertiser Product, in accordance with the respective Advertiser’s terms with 249 Media; or for supplying advertising space, as agreed by the Parties.

Advertiser: means a party that has decided to enter into this Agreement and to assign 249 Media to provide services/Service in accordance with the terms and conditions of this Agreement. A natural or legal person who wishes to establish conditions/specifications for Ad(s)/Advertisement(s) that are necessary for the successful completion of Offers.

Advertiser Product: means the products, services or equivalent offered by an Advertiser which are promoted by 249 Media via the Affiliate Program.

Advertiser Platform: means the landing page, website, or app to which end users may be redirected via the Links.

Advertising Materials: means any trademarks, advertising content, images, text, video, data or other material provided by or on behalf of an Advertiser to 249 Media.

Links: means graphic and textual links to the Advertiser Platform.

End User: any natural person who makes use of the Content through an Affiliate;

IP rights: all intellectual property and connected rights, such as copyrights, trademark rights, patent rights, design rights, trade name rights, database rights and related rights as well as rights to knowhow and intellectual property equivalents;

Log-in Data: the user name and password chosen/provided by/to an Affiliate;

Mobile and Web Service: the mobile portal developed by the Affiliate using the Service whereby mobile gaming services, mobile video services , surveys, sweepstakes, etc including but not limited to videos, gaming, surveys, sweepstakes etc are offered to EndUsers;

Agreement: an agreement between an Affiliate and 249 Media to use the Service, to which these Terms and Conditions apply in full;

Company: means 249 Media with registered office at C-001, Supriya Apartment, Vijayanagar, Kalyan East 421306, Maharashtra, India. which is the owner of the Company platform

249 Media Content: the material (including image material) made available by 249 Media via the Account and the Website, comprising inter alia photos and videos; this material is not Affiliate Content

2. Applicability

These General Terms and Conditions apply to all offers, quotations and proposals made by 249 Media

Variations, amendments and additions to these General Terms and Conditions shall only be valid if agreed in writing between the Affiliate and 249 Media

249 Media shall at all times be entitled to alter and/or update these General Terms and Conditions. The most up-to-date General Terms and Conditions shall be available to you while using the Service. If the Affiliate continues using the Service after these General Terms and Conditions have been altered and/or updated, the Affiliate thereby irrevocably accepts the altered and/or updated General Terms and Conditions. If the Affiliate does not consent to the altered and/or updated General Terms and Conditions, he will have no option other than to terminate the Service and remove the Account.

3. Service 

During the term of the Agreement the Affiliate undertakes, as a non-exclusive Affiliate, to promote the 249 Media Content using the Mobile and Web Service.

Under the conditions laid down in these General Terms and Conditions, 249 Media grants the Affiliate a limited, personal, revocable, non-exclusive, non-sub-licensable and nonassignable right to access to and use of the Service for the purposes described in these General Terms and Conditions and under conditions regarding the payments concerned.

The Affiliate may not sell, hire out or dispose of the Service or grant limited rights to it or make it available to a third party in any manner or for any purpose whatever.

The Affiliate may not copy, alter, adjust, decompile, reverse-engineer, apply scripts or in any manner visually or otherwise manipulate the Service, including – but not limited to – the landing pages or 249 Media Content, nor instruct a third party to perform aforementioned actions.

The Affiliate guarantees that he shall at no time directly contact the holder of rights to the 249 Media Content if that party is not 249 Media, unless the Affiliate has an existing relationship with that rights holder.

The Affiliate shall implement the Mobile and Web Service on the Affiliate’s website as soon as possible following its publication. The Affiliate shall amend his website and integrate the Mobile and Web Service in such a way that the maximum possible traffic to the Affiliate and Content can be generated.

The Affiliate warrants that it holds all the rights to the domains and sub-domains used by it.

The content of the Affiliate’s Traffic source(s) or its affiliated website(s)/Traffic source(s) must not include nor be based on any inappropriate or illegal content as such and/or on material that infringes the rights of any third party or is in violation of any law, as bound by the law or determined by us in our sole discretion, including but not limited to the following:

  • pornography, adult or mature content;
  • illegal activity and/or promotion of illegal activity (i.e. illegal online gambling, how to build a bomb, counterfeiting money, hacking, phreaking, etc);
  • hate-mongering (i.e. racial, political, ethnic, religious, gender-based, sexuality-based or personal, etc.) or otherwise objectionable content;
  • violence (including gratuitous violence), profanity, obscene or vulgar language and abusive content or content which endorses or threatens physical harm;
  • illegal substance and/or promotion of illegal substance;
  • drugs or any related paraphernalia;
  • adware, malware, viruses, phishing;
  • no misleading information and or other materials, providing false info to the user;
  • purchase of weapons/military equipment;
  • false or deceptive investment advice, and others;
  • Intellectual property rights (branch name, trademarks, logo, etc);
  • Investment, money-making opportunities or advice not permitted under law;
  • Material that defames, abuses, or threatens physical harm to others;
  • Software Pirating (e.g., Warez, P2P, Bit torrent, Hotline, etc.);
  • Hacking or Phreaking;
  • Any illegal activity whatsoever;
  • Any spoofing and/or redirecting of the users in an effort to gain traffic; or
  • Any other inappropriate activity as determined by us in our sole discretion.

249 Media has the following Non Acceptable Business rules for Affiliates:

  • Where there are known or perceived links to terrorist organisations, military, arms and/or ammunition manufacture or sales;
  • Where there is knowledge or suspicion of money laundering or terrorist financing;
  • Where it is known or there are reasonable grounds for suspicion that a criminal offence has taken place;
  • Where the Affiliate or any of the Affiliates associated parties are subject to any sanctions measures;
  • Where the Affiliate is undertaking an activity or trade within, from or into a country where that activity is subject to embargo and/or trade control restrictions;
  • Producers/Affiliates of racist/pornographic/pressure group material or extreme political propaganda;
  • Regulated entities that do not have the appropriate licensing;
  • Political organisations.

4. Account 

The Affiliate must create an Account in the manner as described by 249 Media.

While using the Account, the Affiliate can then alter and/or remove his data as well as examine statistics.

The Affiliate guarantees that the information provided on creating the Account is complete, truthful and correct. It is therefore not permitted to create an Account in someone else’s name.

If for any reason the Affiliate’s data are not or no longer up to date, complete or correct, the Affiliate must without delay update his data so that they are once again up to date, complete and/or correct.

The Affiliate himself is responsible for keeping the Log-in Data secret. As soon as the Affiliate knows or has reason to suspect that his Log-in Data are in the possession of non-authorised persons or if he knows and/or suspects that his Account is being abused, the Affiliate must notify 249 Media immediately notwithstanding the Affiliate’s own responsibility to take immediate and appropriate action, for example by altering his Login Data. The Affiliate accepts and acknowledges that he is at all times responsible and liable for all and every use of the Service made via his Account. The Affiliate indemnifies 249 Media against all damage and costs arising from and/or related to third parties’ use of the Service via the Affiliate’s Account

5. Content 

While using the Account, the Affiliate has the right to choose Content that he wishes to make available to the End User. The Affiliate may not modify or adapt any Content in any manner or use it in any manner other than for the purpose as described by 249 Media .

Aside from the 249 Media Content, the Affiliate can also choose to make Affiliate Content available via the Mobile and Web Service. The Affiliate is fully liable and responsible for the Affiliate Content which he communicates to the public and reproduces by means of the Mobile and Web Service. The Affiliate indemnifies 249 Media against all third-party claims which are in any way related to or arise from the use of the Affiliate Content.

It is not permitted to make Affiliate Content available:

  • which, at the discretion of 249 Media, is discriminating with regard to appearance, race, religion, sex, culture, origin or is otherwise deemed hurtful, offensive or inappropriate;
  • in which personal data of minors are requested or in which personal data of others are made available;
  • which contains viruses, Trojan horses, worms, bots or other software which can damage automated work or make it unusable or inaccessible or delete it, or which can appropriate it or which are intended to circumvent technical protection measures of the Website and/or the computer systems of 249 Media;
  • which is based on untruths and/or is misleading or subsists in the assumption of a false identity and/or which wrongly suggests that the Affiliate is involved with 249 Media.
  • which infringes the rights of 249 Media and/or third parties, including but not limited to IP rights or rights concerning the protection of privacy;
  • is contrary to these General Terms and Conditions or any applicable laws or regulations, is in any other manner unlawful or which could prejudice the interests and reputation of 249 Media;

249 Media reserves the right, without prior notice, to abridge, alter, refuse and/or remove Affiliate Content and/or 249 Media Content if this is necessary in its  opinion, without this resulting in any right to damages and/or liability on the part of 249 Media

6. Availability of the Service 

249 Media is at all times entitled, without prior announcement and without in any way becoming liable to the Affiliate, (i) to make procedural and technical alterations and/or improvements to the Website and/or the Service and (ii) to (temporarily or permanently) discontinue, limit or remove the Website, the Service or the Account.

The Affiliate is himself responsible for the purchase and/or proper operation of the infrastructure and reliable telecom facilities (including internet connection) which are required for using the Service. 249 Media is not responsible or liable for costs arising from the use of telecom facilities and charged via the telecom provider.

249 Media is in no way liable to the Affiliate for any damage that arises from or is the result of any (temporary) unavailability or (interim) breakdown of the Website and/or Service.

7. Enrollment Activity

In order to participate in the Affiliate Program you may be required to submit an online application. 249 Media reserves the right to reject any application at its sole discretion.

We take normally two – three business days to review your application.

We pay you for each qualified lead/conversion. A qualified lead/conversion means a real user who subscribed/installed/opted for the service by their own. Note that the definition of qualified lead/conversion may also be impacted by the restrictions/KPI’s of the offer.

A qualified lead/conversion is not: a robot, a spider, a computer script or any other automated, artificial or fraudulent method to appear like an individual. A qualified lead/conversion is also not a real user who filled pre-populated fields. Even if the lead/conversion was paid, it can be later determined as fraudulent, non-valid or determined as non-qualified.

Any affiliate can dispute the full or partial value of an invoice. For this, the Affiliate needs to submit all the needed details within the end of the invoiced month. If the Affiliate does not submit any dispute, the Affiliate accepts the numbers validated by 249 Media. If both parties do not arrive at a reconciliation, 249 Media numbers are the final ones.

The Affiliate ensures to comply with the terms and restrictions of all the campaigns. If this doesn’t happen, 249 Media may apply a full chargeback

The Affiliate is the full responsible for all the traffic brought, including the traffic coming from third-party affiliates

249 Media has the right to delete the account or cancel this agreement and cancel any payment if we determined that you violated any rule of our Program

In no event shall 249 Media be liable for any unavailability or inoperability of the links, program web sites, technical malfunction, computer errors, other injury or damage that is beyond the reasonable control of 249 Media. However, we will do our best to avoid or minimise at maximum these occurrences

If 249 Media  asks to pause or block a sub-source, the Affiliate shall proceed this request immediately. If this doesn’t happen, 249 Media has the right to not pay the leads/conversions brought by this sub-source. It is mandatory for every publisher to pass the source. This will also help us optimising the traffic. If source is not passed, the payment may be impacted. When requested, the Publisher must give information to 249 Media about the traffic.

249 Media informs about any paused offer within 24 hours except when the Advertiser does not allow it or advertiser has paused the campaign due to fraud or unexpected circumstances.

8. Payments and Fraud

Affiliate shall be entitled to receive a Commission for the supply of advertising space. The payment terms shall be agreed by the Parties in each case in the applicable order.

The payment of the Commission by 249 Media to the Affiliate is dependent upon the respective Advertiser providing such funds to 249 Media, and therefore, Affiliate agrees that 249 Media shall only be liable to Affiliate/Publisher for Commissions to the extent that 249 Media has received such funds from the Advertiser

249 Media can take up to 30 days to confirm the numbers generated during the “Invoicing Period” as agreed

249 Media shall make payments to the Affiliate. The payments shall be made and calculated in the manner described/agreed between the parties. All payments will be made and calculated in US Dollars and INR for Indian Companies

249 Media is entitled to suspend and/or withhold any payment if :

  • the Affiliate acts in breach of these General Terms and Conditions;
  • a fraud alert is filed against the Affiliate;
  • an investigation regarding fraud of the Affiliate is initiated or announced by a competent authority and/or 249 Media ;
  • if 249 Media has established or suspects an instance of fraud by the Affiliate in the use of the Service.
  • if advertiser shares any complaint/fraud/misuse of service by the affiliate till the agreement between 249 Media and Affiliate is valid

The payments to the Affiliate shall be calculated based on the “Invoicing periods” as defined by 249 Media. If any payment amounts to less than USD 500 , it shall be suspended until it exceeds USD 500.

The due dates of the invoices will be based on the “Payment terms”  i.e NET30 and it will be calculated starting from the invoice reception date.

If 249 Media fails to pay an invoice in a timely manner and this failure is not the cause of default on the part of the Affiliate, the Affiliate shall inform 249 Media of this in writing. If there is a justified complaint, 249 Media shall make payment as soon as possible. The Affiliate shall not be entitled to any statutory interest, suspension and/or set-off.

All payments that 249 Media makes to the Affiliate depend on the payments of the Advertiser/Clients to 249 Media. If 249 Media does not receive a payment from an Advertiser/Client, the Affiliate does not receive payment for the use of the Content by that Advertiser/Client.

Affiliates who are liable to pay VAT/TAX must submit their VAT/TAX number to 249 Media. Affiliates without a VAT/TAX number declare that they know that all payments that 249 Media makes to them will be notified to the tax authorities at the end of the calendar year.

Parties hereby agree to notify each other if they:

  • change their VAT registration number;
  • cease to be VAT registered;
  • sell their business, or part of their business;
  • to notify each other about any changes in their payment details

Affiliates declare that they know that they must file a tax return for income tax and/or corporation tax. 249 Media may not in any way be held liable for any failure to file a proper tax return on the Affiliate’s part.

The Parties agree that if disclosure is made to their professional advisors, auditors or bankers this shall be done subject to each Party procuring each such recipient’s agreement to keep such information confidential to the same extent as if such recipient were Party to this agreement.

In case there is any claim, administrative proceeding from any authority, dispute or conflict, in any way due to the inaccuracy or non-compliance of such data provided by the Affiliate, 249 Media is expressly authorised to retain any payments due to the Affiliate until such incident has been resolved.

Paying visitors are registered by means of the information from payments service providers. This information is then provided to the Affiliate by way of statistics, which may include an online function, an online invoice overview or a webmaster monitor. The data shown therein are not in any way binding for the final invoicing. Inaccuracies or differences that are the result of rounding off, subsequent calculation and breakdowns are strictly reserved.

If the payment service provider cannot or is unwilling to pay 249 Media the revenue generated, 249 Media shall not be required to pay such revenue to the Affiliate as long as it cannot be collected from the payment service provider.

If any act and/or omission of the Affiliate in the use of the Service leads to or causes a fine or any other financial measure to be imposed on or taken against 249 Media, 249 Media shall pass on the fine and/or financial measure to the Affiliate in full. 249 Media is entitled to set off the fine and/or financial measure against amounts owed by the Affiliate.

249 Media reserves the right to set off any outstanding payments against amounts owed by the Affiliate.

The payment fees/bank charges or any other charge incurred in payment transfer levied by intermediators/banks will be bourn by the Affiliate/Publisher.

9. Duration and termination

The Affiliate may at any time cease using the Service and remove his account. If an Affiliate removes an Account, 249 Media shall immediately render the Account and the Mobile and Web Service inaccessible and remove the Affiliate’s data and any Affiliate Content within a reasonable period of time, unless there are reasons to keep them for a longer period of time.

On removing an Account, the Mobile and Web Service including any Affiliate Content may following its removal continue to be disclosed for a limited period of time via the Website and/or third-party websites. 249 MEDIA is not liable for any damage resulting from or caused by this disclosure of the Mobile and Web Service and/or the Affiliate Content.

In addition to the other (legal) remedies at 249 Media’s disposal, We may at all times, without giving reasons and without prior explanation, (temporarily) restrict, suspend or discontinue the Affiliate’s activities relating to 249 Media, temporarily or permanently terminate and/or remove an Account or Mobile and Web Service, terminate the provision of services and refuse to provide services to the Affiliate, specifically, but not exclusively, if: (i) the Affiliate acts in breach of these General Terms and Conditions; (ii) 249 Media takes the view that an Affiliate’s actions may cause damage and/or liability for 249 Media or other Affiliates.

10. Privacy 

On creating an Account while the Service is being provided and on visiting the Website, (personal) data of the Affiliate shall be provided to 249 Media . These (personal) data shall be processed in accordance with 249 Media’s Privacy Statement and the applicable laws and regulations.

Personal data of End Users that 249 Media receives via the Mobile and Web Service become the property of 249 Media

11. IP rights and License

All materials, documents, data, software, information and inventions supplied to the Affiliate by or on behalf of 249 Media shall be and remain the sole and exclusive property thereof. All such property shall be delivered to 249 Media by the Affiliate, immediately upon demand, or destroyed, as may be requested.

Any use the materials contained on the websites/Platform without the prior written permission of 249 Media, is strictly prohibited and will terminate the services. Such un-authorised use may also violate applicable laws including without limitation copyright and trademark laws and applicable communications regulations and statutes.

Further, the Affiliate agrees to indemnify 249 Media against any and all liability, loss, damage, costs, legal costs, professional and other expenses, of any nature whatsoever incurred or suffered by the Affiliate or by the third party whether direct, indirect or consequential arising out of any dispute brought by the third party alleging infringement of his intellectual property rights by the websites, the content or the Platform.

The IP rights relating to the Service, including but not limited to the Website, the 249 Media any Content and the Tools, shall be vested in 249 Media and/or its licensors.

No provision in these General Terms and Conditions shall be construed as an assignment or waiver of any IP rights relating to the Service to the Affiliate

The Affiliate in principle retains the IP rights relating to the Affiliate Content he uses. The Affiliate acknowledges and agrees that by making available / uploading his Affiliate Content to 249 Media he automatically grants a cost-free, worldwide, irrevocable, sub-licensable and transferrable licence to 249 Media to use, communicate to the public and reproduce this Affiliate Content insofar as it is related to providing the Service.

The Affiliate warrants 249 Media that he holds all the rights relating to the Affiliate Content and that he is fully entitled to license the IP rights to 249 Media.

The Affiliate is at no time entitled to register or apply for the registration of any right relating to a work, design, drawing, trademark and/or trade name that is identical or confusingly similar to any work, design, drawing, trademark and/or trade name that is protected by an IP right belonging to 249 MEDIA. Thus the Affiliate may not use or file a domain name that is identical or confusingly similar to any trademark, trade name or other distinctive sign used and/or registered by 249 Media nor may the Affiliate use any sign and/or word regarding which 249 Media may exercise IP rights within the context of search engine optimisation, such as registering Google Adwords.

The Affiliate can be provided, upon special request, with a revocable, non-transferable, royalty-free license to display links of Services Promotion on their traffic for the strictly limited purpose of promoting 249 Media’s services and subject to the terms and conditions. Such license may also include the use of 249 Media´s logos, trade names and other proprietary identifying material solely in connection with and strictly limited to the purpose of promoting 249 Media´s services and subject to the terms and conditions.

In this case, the conclusion of a license agreement between the Parties is mandatory.

12. Indemnifications

The Affiliate accepts that the Service, including in any event the Tools, Content and Website, contains solely the functionality and other properties that the Affiliate encounters when he starts using the Service. 249 Media expressly excludes explicit and tacit guarantees, undertakings and indemnifications of any kind, including but not limited to guarantees, undertakings and indemnifications regarding the quality, security, lawfulness, integrity and accuracy of the Service.

249 Media does not issue guarantees regarding the availability and functionality and quality of the Affiliate’s Mobile Services on mobile devices or the availability and quality of the Content, including the availability and/or the quality of the Content in different countries and/or in different languages.

The Affiliate acknowledges that 249 Media is not a party to any agreement and/or any other (legal) relationship on whatever ground between the Affiliate and the End User. The Affiliate fully indemnifies 249 Media against any damage and costs that 249 Media may suffer or incur as a result of any dispute between the Affiliate and the End User.

The Affiliate shall indemnify and hold 249 media harmless in respect of any fine or penalty that may be imposed or any action that may be taken against the latter, or any claims that may be brought against it, for whatever reason and of whatever nature – including, but not limited to, breach of the law, regulation and/or of the obligations and warranties of the Affiliate under this Terms and Conditions – by any authority, court or third party in respect of the Campaigns and of all activities carried out by the Affiliate hereunder. The Affiliate shall promptly, and in any event within three (3) business days, reimburse the amount of any such fines, penalties, or claims. If the Affiliate does not promptly reimburse or advance such an amount, 249 Media may offset the amount with any amount due to the Affiliate, it is understood that the Affiliate shall pay any amounts still due to 249 Media after such offset.

13. Limitation of Liability 

In no event shall 249 Media be liable for any damages of any kind arising from your use of the service, operation of a program creative/Ad tech/tool, and/or of your participation in any offer and/or use/link/placement/display of any Ad on your website(s)/traffic source(s), and/or from our effort and/or our actions intenting to increase the performance of your website(s)/traffic source(s) either taken with or without your consent including but not limited to broken images, special, indirect, incidental, punitive and consequential damages, even if 249 media has been advised pf the possibility of such damages. 249 Media is only offering the service. The information, offers, Ads, content and other 249 Media services are provided on an “AS IS” basis with no warranty. You use the service and run programs at your own risk. To the maximum extent permitted by Law, 249 Media disclaims all representations and warranties of any kind, express or implied, with respect to the operation of the service, the information, offers, Ads and content included on the device and provided by 249 Media, including but not limited to implied warranties of merchantability and fitness for a particular purpose. 249 Media doesn’t not represent or warrant that the information on this service, network or website or provided by 249 Media is accurate, complete or current.

14. Force Majeure

Neither Party shall be liable to the other by reason of failure or delay in the performance of its obligations hereunder on account of Acts of God, fires, storms, war, governmental action, labor conditions, earthquakes, natural disasters, interruption in internet service or any other cause which is beyond the reasonable control of such Party. The party referring to such force majeure circumstances shall notify the other party on arising within 3 working days from the date of its occurrence with the relevant evidence.

15. General provisions

This Agreement contains all the terms agreed between the Parties regarding its subject matter and supersede and exclude any prior agreement, understanding or arrangement between the Parties, whether oral or in writing.

The Parties hereby agree that this is the sole agreement that will be signed between them.

These Terms and Conditions and the use of the Service and the Website is governed by Indian law without regard to its conflict of law provisions.

Any disputes related to this Agreement will be submitted to the Indian Courts

249 Media may update and change any part or all of this Agreement from time to time. Hence Affiliates should review this Agreement periodically.