Terms of Service

OmniMain Terms for Publishers

1. Introduction

These Terms for Publishers (“Terms”) set forth the rights and obligations between Publisher and Omnimain GmbH, Halbmondstrasse 2, 74072 Heilbronn, Germany regarding your participation in the OmniMain publisher network and your use of OmniMain’s services, platform, and tools.
By registering as a Publisher, accessing or using our services, you agree to these Terms. If you do not agree, you must not use our services.

2. Definitions

- Publisher: An individual or entity that registers with OmniMain to participate in the network and display advertising or promotional materials on their media.
- Advertiser: A business or individual using OmniMain’s platform to promote products or services.
- Network: The technological infrastructure, tools, and systems operated by OmniMain to connect Publishers and Advertisers.
- Services: All features, products, technologies, content, and platforms provided by OmniMain to Publishers.

3. Publisher Registration and Account

- To use the Services, you must complete the registration process and provide accurate, complete, and current information.
- You are responsible for maintaining the confidentiality of your account credentials.
- OmniMain reserves the right to approve or reject any application at its sole discretion and to suspend or terminate your account for violations of these Terms or any applicable law.

4. Publisher Obligations

- You agree to only use the OmniMain platform for lawful purposes and in accordance with these Terms.
- You are responsible for the content and operation of your websites, apps, or other media where OmniMain ads or tools are used.
- You must not engage in fraudulent activity, incentivized clicks, misleading practices, or any other activity that could harm OmniMain, Advertisers, or users.
- You agree to comply with all applicable laws, including data protection and privacy regulations (e.g., GDPR).
- You must implement any tracking codes, scripts, or other technologies provided by OmniMain as instructed and must not alter or interfere with their function.

5. Prohibited Content and Activities

You may not use OmniMain to distribute, promote, or otherwise make available any content that is:
- Illegal, harmful, threatening, defamatory, obscene, or otherwise objectionable.
- Infringing on intellectual property rights of others.
- Related to violence, drugs, weapons, hate speech, or discrimination.
- Engaged in fraudulent, misleading, or unethical practices, including click fraud or fake conversions.
OmniMain reserves the right to determine, in its sole discretion, what constitutes a violation of this section.

6. Payments and Reporting

- OmniMain will pay Publishers for valid and verified actions (such as clicks, leads, sales, or other agreed criteria) generated through the Publisher’s media, as specified in the Publisher dashboard or in a separate agreement.
- Payment terms, minimum payout thresholds, methods, and reporting details are defined in your Publisher account or in written agreements.
- OmniMain reserves the right to withhold or adjust payments in cases of suspected fraud, chargebacks, or breaches of these Terms.
- All amounts are exclusive of taxes. You are responsible for any applicable taxes or duties.

7. Intellectual Property

- All intellectual property rights in the OmniMain platform, software, trademarks, and materials remain with OmniMain or its licensors.
- You may not copy, modify, distribute, or reverse engineer any part of the Services.

8. Confidentiality

- You must treat all non-public information about OmniMain, its platform, Advertisers, and other Publishers as confidential.
- You may not disclose such information to third parties except as required by law.

9. Data Protection and Privacy

- Both parties agree to comply with applicable data protection laws, including the General Data Protection Regulation (GDPR).
- You must provide appropriate privacy disclosures to your users as required by law, and ensure that any tracking or cookies comply with relevant consent requirements.
- Further details on how OmniMain processes personal data are set out in our Privacy Policy

10. Termination

- Either party may terminate these Terms at any time with written notice.
- OmniMain may immediately suspend or terminate your account for breach of these Terms or any applicable law, or for suspected fraudulent activity.
- Upon termination, any outstanding balances due to you (subject to deductions for fraud or breach) will be paid in accordance with our payment schedule.

11. Liability and Disclaimer

- OmniMain provides the Services “as is” and disclaims all warranties, express or implied.
- OmniMain is not liable for indirect, incidental, or consequential damages, including lost profits.
- Our aggregate liability for any claim under these Terms shall not exceed the total amount paid or payable to you in the preceding 12 months.

12. Changes to Terms

OmniMain reserves the right to modify these Terms at any time. We will notify you of material changes via email or via your Publisher account. Continued use of the Services after such changes constitutes your acceptance.

13. Governing Law and Jurisdiction

These Terms are governed by the laws of Estonia. Any disputes arising from these Terms shall be subject to the exclusive jurisdiction of the courts of Tallinn, Estonia.

14. Contact