Terms of Use

Effective Date: 2024-09-01 / Last Updated: 2024-09-01

1. Agreement Overview

You agree to the terms and conditions outlined in this Terms of Use Agreement ("Agreement") with respect to this website ("Site"). This Agreement constitutes the entire and only agreement between PulseGainAds ("Company", "we", "us", or "our") and you ("You" or "Your"), the user of the Site. This Agreement supersedes all prior or contemporaneous agreements, representations, warranties, and understandings with respect to the Site, the content, and software provided by or through the Site, and the subject matter of this Agreement.

We may amend this Agreement at any time without specific notice to you. The latest version of this Agreement will be posted on the Site, and you should review this Agreement prior to each use of the Site.

2.Use of the Site

The Site allows PulseGainAds to post offers of advertising programs ("Program(s)") sponsored by the Company or its affiliates. The Programs specify the amount and terms under which you will receive payment ("Commission") when the Program's requirements are fulfilled.

By accepting a Program, you agree to place that Program’s advertising creative on your media properties, such as your website, affiliated websites, or email distribution lists ("Media"), in accordance with the terms of the accepted Program. The Company is responsible for displaying and administering all active Programs and tracking the payments owed.

PulseGainAds will compile, calculate, and electronically deliver data required to determine your billing and compensation. The Company's figures and calculations shall be final and binding. Any questions regarding the data provided must be submitted in writing within 30 days of receipt, otherwise the information will be deemed accurate and accepted as such by you.

3. License

All websites, newsletters, companies, or individuals need official approval from PulseGainAds before they can become an Affiliate Partner ("Affiliate"). Only approved websites, affiliated websites, and email distribution lists are permitted to use the Site.

a. Eligibility Criteria

To be eligible to become a PulseGainAds Affiliate, all websites, affiliated websites, and email distribution lists must meet the following criteria:

  • Be content-based, not simply a list of links or advertisements, nor can the site be centered around making money off of our Advertisers.

  • Have a top-level domain name.

  • Be fully functional at all levels; no "under construction" sites or sections.

  • Spawning process pop-ups and exit pop-ups are prohibited.

b. Content Restrictions

The content of the websites, affiliated websites, and email distribution lists cannot infringe on any personal, intellectual property, or copyrights, including but not limited to:

  • Racial, ethnic, political, hate-mongering, or otherwise objectionable content.

  • Investment, money-making opportunities, or advice not permitted under law.

  • Gratuitous violence or profanity.

  • Material that defames, abuses, or threatens physical harm to others.

  • Promotion of illegal substances or activities, such as illegal online gambling, how to build a bomb, counterfeiting money, etc.

  • Hacking or Phreaking.

  • Any illegal activity whatsoever.

  • Any spoofing, redirecting, or trafficking from adult-related websites to gain traffic.

PulseGainAds grants you a non-transferable, non-exclusive limited license, if approved, to use the Site and any data, reports, information, or analyses arising out of such use, subject to the terms and conditions set forth herein. You acknowledge and agree that you do not have, nor will claim any right, title, or interest in the Site software, applications, data, methods of doing business, or any elements thereof. You may only access the Site via a web browser, email, or in a manner approved by PulseGainAds. Site integration tags must NOT be altered. Altering tags may jeopardize your ability to be paid for Events.

4.Fraud Prevention

PulseGainAds actively monitors traffic for fraud. If fraud is detected, your account will be made inactive pending further investigation.

If you fraudulently add leads or clicks or inflate leads or clicks by fraudulent traffic generation (as determined solely by PulseGainAds), you will forfeit your entire commission for all Programs, and your account will be terminated. PulseGainAds reserves sole judgment in determining fraud, and you agree to this clause.

It is the obligation of the Affiliate to prove to PulseGainAds that they are NOT committing fraud. The Company will hold your payment in "Pending Status" until you have satisfactorily provided evidence that you are not defrauding the system.

5.Payment Terms

You will be paid based on the occurrence of an Event as defined in the Program's terms. All payments are calculated based on actual figures as defined, accounted, and audited by PulseGainAds. The Company will facilitate payment by disbursing the earned portion of aggregate payments to individual Affiliates.

  • Currency: Payments will be made in US Dollars (USD) unless otherwise specified.
  • Payment Frequency: PulseGainAds offers daily payments upon request. Payments can be made through various methods, including PayPal, cryptocurrencies (such as Bitcoin, Litecoin, USDT, Solana, USDC), Western Union, and wire transfer.
  • Minimum Payout: The minimum payout amount is determined by the payment method chosen:
    • PayPal and Cryptocurrencies: $50 USD minimum.
    • Wire Transfer: $100 USD minimum, with a wire transfer fee of $40 USD.
  • Invoicing: Every Affiliate must provide an invoice or company registration number for payments to be processed.
  • Payment Processing: Payments are processed promptly, typically within 24 hours of a valid payment request, assuming all conditions are met and no fraudulent activity is detected.

In the event that PulseGainAds fails to receive payment from the Merchant, it shall have no payment obligation to the Affiliate. If the Merchant does not pay on time, PulseGainAds will notify the Affiliate and offer its best efforts in matters related to collections.

PulseGainAds will not pay for any Events that occur before a Program is initiated or after a Program terminates. Invoices submitted to PulseGainAds and payments made to you shall be based on the Events and corresponding Commissions as reported by PulseGainAds. The Company will not be responsible to compensate you for Events that are not recorded due to your error.

6. Termination

This Agreement shall commence upon your acceptance and remain in effect until terminated. Either Party may terminate this Agreement with three (3) days' notice. PulseGainAds reserves the right to terminate your access to the Site at any time without notice for reasons including but not limited to fraudulent activity, inaccurate or expired contact information, or fraudulent lead data.

Termination notice may be provided via e-mail and will be effective immediately. All legitimate monies due to the Affiliate will be paid during the next billing cycle. If the Affiliate defrauds the system, payment is revoked as determined solely by PulseGainAds.

7. Representations and Warranties

You represent and warrant that:

  • Your Media complies with all applicable laws and does not contain or promote, nor links to another website that contains, libelous, defamatory, abusive, violent, prejudicial, obscene, sexually explicit, or illegal content.
  • You agree not to send Unsolicited Commercial Email (SPAM) or post specific messages to newsgroups, chat rooms, or bulletin boards without written approval from PulseGainAds.
  • You own or have the legal right to use and distribute all content, copyrighted material, products, and services displayed on your Media.
  • You will not attempt to alter, modify, eliminate, conceal, or otherwise render inoperable or ineffective the Site tags, source codes, links, pixels, modules, or other data provided by PulseGainAds.

8.Confidentiality

All information submitted by end-user customers pursuant to a Program is proprietary to and owned by PulseGainAds or its affiliates. Such customer information is confidential and may not be disclosed by PulseGainAds. You agree not to reproduce, disseminate, sell, distribute, or commercially exploit any proprietary information in any manner.

9. Limitation of Liability

IN NO EVENT SHALL PULSEGAINADS BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM YOUR USE OF THE SITE, OPERATION OF A PROGRAM, OR YOUR DISPLAY OF ANY PROGRAM CREATIVE ON YOUR MEDIA, INCLUDING BUT NOT LIMITED TO BROKEN IMAGES, SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, EVEN IF PULSEGAINADS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

THE INFORMATION, CONTENT, AND SERVICES ON THE SITE ARE PROVIDED ON AN "AS IS" BASIS WITH NO WARRANTY. YOU USE THE SITE AND RUN PROGRAMS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY LAW, PULSEGAINADS DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

10. Indemnity

You shall indemnify, defend, and hold PulseGainAds harmless from and against any and all claims, allegations, liabilities, costs, and expenses (including reasonable attorneys' fees) by third parties arising out of your improper use of the Site, improper operation of a Program, or breach of this Agreement.

11. Assignment and Jurisdiction

PulseGainAds may assign this Agreement to a subsidiary or business successor. You may not assign this Agreement without prior written consent from PulseGainAds. This Agreement shall be construed and governed by the law of Spain. You expressly consent to the exclusive venue and personal jurisdiction of the courts located in Spain for any actions arising from or relating to this Agreement.