In these Terms and Conditions, the following definitions shall have the following meaning:
‘Ads’: email content, banner ads, buttons, pop-ups, pop-unders, co-registrations, lead generations, hypertext or other links, widgets, works of authorship, jumbo promos, content scripts, add tags, silver bullets, site skins, promotional and other advertising material and any kind of commercially sponsored or related content, related to Advertiser and/or a specific Campaign.
‘Advertiser’: a legal person or natural person acting course of a profession or business, that engaged Nova Network to provide the Services via its network of Affiliates.
‘Advertiser Account’: the online account provided by Nova Network to the Advertiser.
‘Nova Network’: Nova Network B.V., a company with limited liability incorporated under the laws of the Netherlands, also acting under the trade name Nova Network, having its registered place of business at Watertorenplein 8 (1051 PA) Amsterdam, the Netherlands and registered under number 34368707 at the trade register of the Dutch Chamber of Commerce.
‘Affiliate’: any legal person or natural person acting in the course of trade (and including its agents, representatives, employees or any other person acting on its behalf) that signed up, registered or enrolled on Nova Network’s affiliate network to provide (part of) the Services.
‘Campaign’: the advertisement campaign of the Advertiser as further detailed on the Insertion Form and accessible via a specific Landing Page.
‘Code of Conduct’: the general compliance rules for Advertiser in connection with the performance of the Agreement, accessible via Nova Network ‘s website Code of Conduct.
‘Commission’: the commission fee per Conversion to be paid by Advertiser to Nova Network, as further detailed in Clause 5.
‘Confidential Information’: all non-public information disclosed (whether in writing, orally, electronically or otherwise) by Nova Network to Affiliate before and during the Agreement and that is marked or otherwise designated as ‘confidential’ or ‘secret’, or by its nature should be considered confidential at the time of disclosure, thereby including, without limitation: processes, methods, formulae, technical information, information in tangible or intangible form relating to and including released or unreleased software, marketing or promotional activities, business policies or practices, business relations and pricing/financial information.
‘Content’: information, text, artwork, graphics, images, pictures and/or other materials, provided, transmitted or shared with Nova Network by Advertiser.
‘Conversion’: an action upon which the commercial deal is based, for example, if the commercial deal is: CPM (Cost Per Mille), CPA (Cost Per Action), CPC (Cost Per Click), CPL (Cost Per Lead), CPD (Cost Per Download), CPPU (Cost Per Paying User), CPAU (Cost Per Active User), CPI (Cost Per Install), then conversion is considered respectively: mille, action, click, lead, download, paying user, active user and install.
‘Conversion Statistics’: statistical data for a Campaign that reflects the Conversion on and via relevant Landing Pages.
‘Effective Rate’: the execution date of the Insertion Order of the Advertiser.
‘Intellectual Property Rights’: all intangible, intellectual, proprietary and industrial property rights, worldwide, whether registered or unregistered, including, but not limited to: (a) all trademarks, service marks, trade names and logos; (b) all copyrights, moral rights, and other rights in works of authorship, including Content, and including copyrights in software (source code); (c) all database rights, (d) all patents or utility models; (e) all designs and drawings; and (e) all other rights in or connected to (technical) know how or trade secrets.
‘Insertion Order’: the sign up and registration form submitted and executed by Advertiser.
‘Landing Page’: the URL related to a Campaign and which embeds a tracking code provided by Nova Network to measure Conversion Statistics.
‘Service(s)’: the targeting services provided by Nova Network through one or more Affiliate(s) in order to generate and/or improve Conversion and collect data to optimize a Campaign by means of (without limitation) distributing the Ads.
Amsterdam, February 2020