This agreement ("Agreement") governs the access and use of the websites owned and operated by Rook Media GmbH ("RM," "we," "our," "us") and the use of any of the services ("Services" or "Service") available through or under the domain, sub-domains, and affiliated domains of RookMedia.net ("Site"). By participating in or using our Services, you ("You," "your," "Partner," or "Partners") are agreeing to be bound by these Terms of Service ("Terms of Service"). If you do not agree to bound by these terms of service, then do not use or access our site.
Usage of our Site and/or Services is restricted to: (a) those over the age of 18, (b) those who reside, have a business entity, or access the Site in a country where the use of our Site and/or Services is not prohibited by law, (c) those who have the capacity to enter into legal agreements, (d) those who do not own or have an employment or work-for-hire relationship with a competitor of RM. If you are using our Site and/or Services on behalf of another party or business entity, then you represent that you have the legal authority to bind that party or business entity to this Agreement. You understand and warrant that you will not use the Site and/or Services to violate any law, rule, policy, agreement, intellectual property, or privacy rights of any third party. We reserve the right to deny your access to our Site and/or Services at any time. After your application has been approved by RM, you will be provided with a Username, password, and domain forwarding directions. You are responsible for maintaining the confidentiality of your login information and for restricting access to your computer. You agree and understand that you will be liable for all activities taken when you or any party accesses or uses the Site and/or Services using your Username and/or password.
2.1. Description of Services
RookMedia.net's domain monetization program ("Program") allows our Partners to park their undeveloped domain names and generate revenue via approved traffic. To use our service, you must first enter your domains into your account and then direct them to us either via a URL, Name Server, or IP Address provided to you by RM. The full guidelines on the accepted use of our Program are described below. By directing your domains to our Program, you understand that you are solely responsible for any content displayed on your domain.
2.2 Your Obligations
You are solely responsible for verifying that your use of our Program does not violate the rights of any third parties including, but not limited to, intellectual property rights, trademark rights, and naming rights. If you do receive a notice from a third party regarding the use of our Site, Services, or Program, you are required to cease the use of our Program for the domain(s) in question. Failure to properly add domains to your account or use your unique identifier when sending your traffic to the Program may result in no revenue being collected on those domains. Use of the Program is free of charge, however you are solely responsible for any fees incurred by directing or forwarding your domains or traffic to us. You hereby indemnify Rook Media GmbH and its affiliates and subsidiaries from any possible claims in relation to your violation of these obligations.
2.3 Program Terms and Conditions
All of the following terms and conditions set forth below must be adhered to and are legally binding upon acceptance of this Agreement. RM can change the terms and conditions of the Program at any time and without advance notice. Sections 2.3.1-2.3.3 contain a non-exhaustive list of actions that are prohibited when using our Program ("Prohibited Actions"). PLEASE MAKE SURE TO READ AND FOLLOW OUR PROGRAM'S TERMS AND CONDITIONS. COMMITING ANY OF THE PROHIBITED ACTIONS WILL RESULT IN THE TERMINATION OF YOUR ACCOUNT AND THE FORFEITURE OF ANY ACCUMULATED REVENUE WITHOUT ANY PRIOR NOTICE.
2.3.1. Traffic Promotion and Generation
As a rule, RM only allows traffic that originates either from real persons directly typing a domain into their browser (direct navigation) or from existing search engine results (expired traffic). Traffic coming to domains participating in the Program cannot be artificially generated. If your traffic originates from any sources other than those mentioned above, it must first be approved by RM in writing. Methods by which traffic cannot be generated from include, but are not limited to:
The use of any prohibited traffic generation methods will result in the immediate termination of your account and the forfeiture of any accumulated revenue.
2.3.2. Other General Restrictions
2.3.3. Acceptable Domain Content
In addition to the above guidelines, domains participating in our Program may not include any of the following content:
2.3.4. Invalid Clicks and Revenue Clawback
While RM wishes to maintain a fair, transparent platform, we have no tolerance for fraudulent traffic and clicks ("Invalid Clicks"). Revenue derived through the committing any of the aforementioned Prohibited Actions will be deemed the result of Invalid Clicks. If RM believes there has been any Invalid Clicks on your domains, we reserve the right withhold any revenue which may have resulted from these Invalid Clicks for period of no less than 6 months in order to investigate. If we do deem that Invalid Clicks are present, we reserve the right to permanently withhold this revenue. RM has relationships with several third party advertising partners. Some of these partners have reserved the right to determine in their sole discretion whether revenue that has been earned is a result of Invalid Clicks, and either withhold that revenue if not yet paid out to RM or deduct that revenue from RM's pending payments. Revenue from up to 120 days in the past may be withheld. You agree that the decision as to whether there have been Invalid Clicks shall be solely decided by RM and/or its advertising partners' and that RM may deduct withheld revenue from any of your pending payments, whether you are a current user of the Program or not.
RM pays you a percentage of all revenues validly generated by the domain names you have enrolled in our Program. You can be paid via Paypal (preferred) or wire transfer. Payments are issued on a Net35 basis, less any deductions made due to Invalid Clicks. The minimum payment amount is $200 for wire transfers and $50 for Paypal payments. You are solely responsible for all wire transfer fees. If you have not yet reached the payout threshold for your selected payment method, your unissued earnings will accumulate in your account until the payment cycle in which you surpass the minimum payout threshold. RM does not withhold taxes from any payments we make to you. It is your sole responsibility to pay all local, state, federal, foreign, sales, use, and value-added taxes on income received from the Program. By participating in our Program, you agree to indemnify and reimburse RM on account of any claim or assessment of taxes by any taxing authority, and any other costs and damages arising from or in connection with the use of our Program.
All of the terms and conditions contained in this Agreement must be adhered to and are legally binding immediately upon agreement and/or by using our Program. RM represents and warrants that it has full power and authority to enter into this Agreement. You represent and warrant that (i) you full power and authority to agree to these Terms of Service, (ii) you own or have the right to use all necessary rights, including all Intellectual Property Rights, to the domain names used in our Program, and (iii) you will not place in the Program any domain names which would violate any provision set in Sections 2.3.1-2.3.3 above. YOU TAKE SOLE RESPONSIBILITY FOR THE USE OF OUR SITE, SERVICES, AND/OR PROGRAM. ROOK MEDIA GMBH AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, ADVISORS, INDEPEDANT CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, VENDORS, ADVERTISERS AND AGENTS ("RM PARTIES") ARE NOT RESPONSIBLE FOR ANY CONTENT PROVIDED BY THIRD PARTIES (INCLUDING ADVERTISERS). EXCEPT AS EXPRESSLY SET FORTH HEREIN, NONE OF THE RM PARTIES MAKE ANY REPRESENTATION OR WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE, NONINFRINGEMENT AND ANY IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. ALL RISK ARISING OUT OF THE USE OR PERFORMANCE OF OUR PROGRAM REMAINS WITH YOU, THE USER OF OUR PROGRAM. THE SITE, SERVICES, AND PROGRAM IS PROVIDED ON AN "AS IS" BASIC AND THE RM PARTIES DISCLAIM ANY REPRESENTATION OR WARRANTY IN CONNECTION WITH THE SUCCESS OF THE PROGRAM, OR THE ERROR-FREE, DISRUPTION-FREE, TIMELY, OR SECURE NATURE OF THE PROGRAM. THE RM PARTIES DO NOT MAKE ANY WARRANTY AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED FROM OUR SITE. NO ADVICE, STATEMENTS, REPRESENTATIONS, OR INFORMATION PROVIDED TO YOU BY ANY RM PARTIES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE RM PARTIES BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS) ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE USE OF OR INABILITY TO USE THE PROGRAM, EVEN IF THE RM PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE TOTAL LIABILITY OF ANY PROGRAM PARTY FOR ANY DIRECT DAMAGES SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100.00). YOU AGREE TO INDEMNIFY AND HOLD THE RM PARTIES HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS' FEES, MADE BY A THIRD PARTY DUE TO OR ARISING OUT OF YOUR USE OF THE SITE, SERVICES, AND/OR PROGRAM, YOUR BREACH OF THIS AGREEMENT, OR YOUR VIOLATION OF ANY APPLICABLE LAW OR ANY RIGHTS OF A THIRD PARTY. YOU AGREE THAT ALL PROVISIONS IN THIS SECTION SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
You may not copy, alter, transmit, or create derivative works from all content, database information, data and services available on, and collected as a whole through this Site. RM shall own all rights, title and interest, including without limitation all intellectual property rights relating to the Site, Services, and Program including, but not limited to, all software, code, technology, content, database information, data, guidelines, and documentation. The property of RM, its affiliates, advertisers and licensors, and are protected by copyrights, trademarks, service marks, patents, trade secrets, and other proprietary rights and laws internationally. All rights not expressly granted herein are fully reserved by RM, its affiliates, advertisers, and licensors.
Due to the vast amount of domains from wide range of countries participating in our Program, it is impossible for us to monitor and verify every domain proactively for intellectual property compliance and we are not in the position to arbitrate intellectual property disputes between domain name owners and potential trademark holders. Our Terms of Service state that domain owners or their representatives have sole responsibility for ensuring their use of our Program does not infringe on any third party rights. It is the intellectual property owner's responsibility to monitor their rights and to file a complaint directly with the domain owner if they believe these rights have been violated by someone using our Program. If you are a trademark owner or the legal representative of a trademark owner and you have a good faith belief that a domain using our Program infringes on your copyright, trademark, or other intellectual property rights, please contact firstname.lastname@example.org.
We reserve the right to amend this Agreement at any time and without advance notice. All changes to this Agreement will be effective as of 14 days ("Effective Date") from the date the changes are posted online, and you will be responsible for complying with these terms no later than the Effective Date. This Agreement may not be modified by you. Your continuing use of our Program following the Effective Date shall constitute your assent to the amended Agreement.
The failure of RM to enforce or to exercise at any time or for any period of time any term of or any rights pursuant to this Agreement does not constitute, and shall not be constructed as, a waiver of such term or right and shall in no way affect RM's rights to enforce or to exercise those terms or rights.
This Agreement shall in remain effect and you will continue to be bound by it indefinitely until this Agreement is properly terminated. RM may terminate this Agreement and bar access to the Site, Services, and Program without cause and without notice at any time. You may also terminate this Agreement, provided that you are in good standing with RM, and no outstanding balance or liabilities to RM, and have not used our Site, Services and/or Program for more than 4 months. Upon termination of this Agreement, you will cease to have access to Site and subsequently any data you had previously created, managed, or stored in or through our Site. We are also under no obligation to store and/or archive this data.
Rook Media GmbH is located in Thalwil, Switzerland. This Agreement is governed by the laws of Switzerland, without regard to its choice of law rules. You consent to the jurisdiction of, and venue in, courts located the Canton of Zurich, Switzerland. You also hereby consent to the exclusive jurisdiction of, and venue in, such courts for any action commenced by you against RM or its affiliates in any dispute arising out of or relating to our Site. The use of our Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including, without limitation, this paragraph.
10.2. Relationship between RM and Partner
You agree that no joint venture, partnership, employment, work-for-hire, or agency relationship exists between you and RM as a result of this Agreement or use of the Site and/or Services.
If any term or provision in this Agreement is determined to be invalid or unenforceable, (i) the remaining terms and provisions hereof shall be unimpaired and (ii) the invalid or unenforceable term or provision shall be deemed replaced by a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision. RM's performance of this Agreement is subject to existing laws and legal processes, and nothing contained in this Agreement is in derogation of RM's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site.
If By Mail:
Rook Media GmbH
Alte Landstrasse 131
8800 Thalwil, Zurich, Switzerland
If By Email:email@example.com