Last modified: May 15, 2020
Thanks for using our products and services (“Services”). The Services are provided by Halal.Ad, which is a trading name and part of CC Creative Limited, a company incorporated and registered in the Cayman Islands, with its registered office located at Genesis Building, 5th Floor, Genesis Close, Cayman Islands, KY1-1106.
By using our Services, you agree to these terms (the “Halal.Ad Terms”). Please read the Agreement carefully.
Halal.Ad serves as an ad platform for halal market. This is how it works:
As used in the Agreement, “you”, “advertiser” or “publisher” means the individual or entity using the Services (and/or any individual, entity or successor entity, agency or network acting on your behalf), “we,” “us” or “Halal.Ad” means Halal Ad, and the “parties” means you and Halal Ad.
Your use of the Services is subject to your creation and our approval of an Halal.Ad account (an “Account”). We have the right to refuse or limit your access to the Services.
By submitting an application to use the Services, if you are an individual, you represent that you are at least 18 years of age. You may only have one Account.
By enrolling in Halal.Ad, you permit us to serve, as applicable, (i) advertisements and other content (“Ads”), and (ii) related traffic and other links to your websites, mobile applications, media players, mobile content, and/or other properties approved by Halal.Ad (each individually a “Property”).
You may use our Services only as permitted by this Agreement and any applicable laws. Don’t misuse our Services.
For example, don’t interfere with our Services or try to access them using a method other than the interface and the instructions that we provide.
Another example could be if you are a publishers and click on the ads by our advertisers shown on your own websites to gain more paid views or clicks. We will monitor each click and view to each ad and your account may be suspended and blocked. Besides your revenue from serving ads will be nullified.
You may discontinue your use of any Service at any time by removing the relevant code from your Properties.
We are constantly changing and improving our Services. We may add or remove functionalities or features of the Services at any time, and we may suspend or stop a Service altogether.
We may modify the Agreement at any time. We’ll post any modifications to the Halal.Ad Terms on this page. Changes will not apply retroactively and generally will become effective 14 days after they are posted. However, changes addressing new functions for a Service or changes made for legal reasons will be effective immediately. If you don’t agree to any modified terms in the Agreement, you’ll have to stop using the affected Services.
Subject to this Section 5 of Halal.Ad Terms, you (Publisher) will receive a payment related to the number of valid sold clicks on Ads displayed on your Properties, the number of valid impressions (sold views) of Ads displayed on your Properties, or other valid events performed in connection with the display of Ads on your Properties, in each case as determined by Halal.Ad.
Except in the event of termination, we will pay you by the end of the calendar month following any calendar month in which the earned balance in your Account equals or exceeds the applicable payment threshold $10.
Unless expressly authorised in writing by Halal.Ad, you may not enter into any type of arrangement with a third party where that third party receives payments made to you under the Agreement or other financial benefit in relation to the Services.
Payments will be calculated solely based on our accounting. Payments to you may be withheld to reflect or adjusted to exclude any amounts refunded or credited to advertisers and any amounts arising from invalid activity, as determined by Halal.Ad in its sole discretion.
Invalid activity is determined by Halal.Ad in all cases and includes, but is not limited to, (i) spam, invalid queries, invalid impressions or invalid clicks on Ads on your websites generated by any person, bot, automated program or similar device, including through any clicks or impressions originating from IP addresses or computers under your control; (ii) clicks solicited or impressions generated by payment of money, false representation, or requests for end users to click on Ads or take other actions; (iii) Ads served to end users whose browsers have JavaScript disabled; and (iv) clicks or impressions co-mingled with a significant amount of the activity described in (i, ii, and iii) above.
In addition to our other rights and remedies, we may (a) withhold and offset any payments owed to you under the Agreement against any fees you owe us under the Agreement or any other agreement, or (b) require you to refund us within 30 days of any invoice, any amounts we may have overpaid to you in prior periods. If you dispute any payment made or withheld relating to the Services, you must notify Halal.Ad in writing within 30 days of any such payment. If you do not, any claim relating to the disputed payment is waived. If an advertiser whose Ads are displayed on any Property defaults on payment to Halal.Ad, we may withhold payment or charge back your account.
To ensure proper payment, you are responsible for providing and maintaining accurate contact and payment information in your Account. You are responsible for any charges assessed by your bank or payment provider.
Our preferred payout method is via Paypal.
Currently we accept all major payment cards via Stripe.
Clients are requested to prepay for their ad spend in advance and no refunds are offered.
Other than as set out expressly in the Agreement, neither party will acquire any right, title or interest in any intellectual property rights belonging to the other party or to the other party’s licensors.
If Halal.Ad provides you with software in connection with the Services, we grant you a non-exclusive, non-sublicensable license for use of such software. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by Halal.Ad, in the manner permitted by the Agreement.
Other than distributing content, you may not copy, modify, distribute, sell, or lease any part of our Services or included software, nor may you reverse engineer or attempt to extract the source code of that software, unless laws prohibit those restrictions or you have our written permission. You will not remove, obscure, or alter Halal.Ad's copyright notice, Brand Features, or other proprietary rights notices affixed to or contained within any Halal.Ad services, software, or documentation.
We grant you a non-exclusive, non-sublicensable license to use Halal.Ad’s trade names, trademarks, service marks, logos, domain names, and other distinctive brand features (“Brand Features”) solely in connection with your use of the Services and in accordance with the Agreement and the Halal.Ad Branding Guidelines. We may revoke this license at any time. Any goodwill arising from your use of Halal.Ad’s Brand Features will belong to Halal.Ad.
We may include your name, logo and Brand Features in our presentations, marketing materials, customer lists and financial reports.
You will ensure that at all times you use the Services, the Properties have a clearly labeled and easily accessible privacy policy that provides end users with clear and comprehensive information about cookies, device-specific information, location information and other information stored on, accessed on, or collected from end users’ devices in connection with the Services, including, as applicable, information about end users’ options for cookie management.
You will use commercially reasonable efforts to ensure that an end user gives consent to the storing and accessing of cookies, device-specific information, location information or other information on the end user's device in connection with the Services where such consent is required by law.
You agree not to disclose Halal.Ad Confidential Information without our prior written consent. "Halal.Ad Confidential Information" includes: (a) all Halal.Ad software, technology and documentation relating to the Services; (b) click-through rates or other statistics relating to Property performance as pertaining to the Services; (c) the existence of, and information about, beta features in a Service; and (d) any other information made available by Halal.Ad that is marked confidential or would normally be considered confidential under the circumstances in which it is presented.
Halal.Ad Confidential Information does not include information that you already knew prior to your use of the Services, that becomes public through no fault of yours, that was independently developed by you, or that was lawfully given to you by a third party.
Notwithstanding this Section 9, you may accurately disclose the amount of Halal.Ad’s gross payments resulting from your use of the Services.
You may terminate the Agreement at any time by remove our codes from your website and contacting us via email at salam@@halal.ad. The Agreement will be considered terminated within 10 business days of Halal.Ad's receipt of your notice.
If you terminate the Agreement and your earned balance equals or exceeds the applicable threshold $10, we will pay you your earned balance within approximately 10 days after the end of the calendar month in which the Agreement is terminated. Any earned balance below the applicable threshold will remain unpaid.
Halal.Ad may at any time terminate the Agreement, or suspend or terminate the participation of any Property in the Services for any reason. If we terminate the Agreement due to your breach or due to invalid activity, we may withhold unpaid amounts or charge back your account. If you breach the Agreement or Halal.Ad suspends or terminates your Account, you (i) will not be allowed to create a new Account, and (ii) may not be permitted to monetize content on other Halal.Ad products.
You agree to indemnify and defend Halal.Ad, its affiliates, agents, and advertisers from and against any and all third-party claims and liabilities arising out of or related to the Properties, including any content served on the Properties that is not provided by Halal.Ad, your use of the Services, or your breach of any term of the Agreement. Halal.Ad’s advertisers are third-party beneficiaries of this indemnity.
You represent and warrant that (i) you have full power and authority to enter into the Agreement; (ii) you are the owner of, or are legally authorized to act on behalf of the owner of, each Property; (iii) you are the technical and editorial decision maker in relation to each Property on which the Services are implemented and that you have control over the way in which the Services are implemented on each Property; (iv) Halal.Ad has never previously terminated or otherwise disabled an Halal.Ad account created by you due to your breach of the Agreement or due to invalid activity; (v) entering into or performing under the Agreement will not violate any agreement you have with a third party or any third-party rights; and (vi) all of the information provided by you to Halal.Ad is correct and current.
OTHER THAN AS EXPRESSLY SET OUT IN THE AGREEMENT, WE DO NOT MAKE ANY PROMISES ABOUT THE SERVICES. FOR EXAMPLE, WE DON’T MAKE ANY COMMITMENTS ABOUT THE SPECIFIC FUNCTION OF THE SERVICES, OR THEIR PROFITABILITY, RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS. WE PROVIDE EACH SERVICE “AS IS”.
TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL WARRANTIES, EXPRESS, STATUTORY OR IMPLIED. WE EXPRESSLY DISCLAIM THE WARRANTIES OR CONDITIONS OF NONINFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE.
TO THE EXTENT PERMITTED BY LAW, EXCEPT FOR ANY INDEMNIFICATION OBLIGATIONS HEREUNDER OR YOUR BREACH OF ANY INTELLECTUAL PROPERTY RIGHTS, CONFIDENTIALITY OBLIGATIONS AND/OR PROPRIETARY INTERESTS RELATING TO THE AGREEMENT, (i) IN NO EVENT SHALL EITHER PARTY BE LIABLE UNDER THE AGREEMENT FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, EXEMPLARY, OR PUNITIVE DAMAGES WHETHER IN CONTRACT, TORT OR ANY OTHER THEORY, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY, AND (ii) EACH PARTY’S AGGREGATE LIABILITY UNDER THE AGREEMENT IS LIMITED TO THE NET AMOUNT RECEIVED AND RETAINED BY THAT PARTICULAR PARTY IN CONNECTION WITH THIS AGREEMENT DURING THE THREE MONTH PERIOD IMMEDIATELY PRECEDING THE DATE OF THE CLAIM.
Each party acknowledges that the other party has entered into the Agreement relying on the limitations of liability stated herein and that those limitations are an essential basis of the bargain between the parties.
Entire Agreement and Amendments. The Agreement is our entire agreement relating to your use of the Services and supersedes any prior or contemporaneous agreements on that subject. This Agreement may be amended (i) in a writing signed by both parties that expressly states that it is amending the Agreement, or (ii) as set forth in Section 4, if you keep using the Services after Halal.Ad modifies the Agreement.
Assignment. You may not assign or transfer any of your rights under the Agreement.
Independent Contractors. The parties are independent contractors and the Agreement does not create an agency, partnership, or joint venture.
Severability. If it turns out that a particular term of the Agreement is not enforceable, the balance of the Agreement will remain in full force and effect.
Choice of Law.
This Agreement and any claim, controversy, dispute, or cause of action (whether in contract, tort, or otherwise) based upon, arising out of, or relating to this Agreement and the transactions contemplated hereby will be governed by, and construed in accordance with, the laws of the State of Delaware, without giving effect to any choice or conflict of law provision or rule (whether of the State of Delaware or any other jurisdiction). For the avoidance of doubt, the parties also agree that the United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.
Mandatory Mediation and Arbitration.
Prior to bringing any claim, controversy, dispute or cause of action (including but not limited to a petition by the Company to place itself or, by a party to this Agreement to place the Company, into insolvency proceedings) in a venue of adjudication, the parties shall first attempt to resolve any such dispute through good-faith discussions and negotiations. Such discussions and negotiations may be conducted, at the request of either party, by a third-party neutral mediator selected by the parties. The parties shall equally bear the fees and expenses of the mediator. In the event the disputes are not settled at mediation, the parties agree to submit any and all disputes to binding arbitration conducted in front of a board of up to three persons, at least one of whom shall be a certified arbitrator. The dispute shall be finally settled under the rules of arbitration of IAMS, Islamic Arbitration and Mediation Services LLC (Plano, Texas), via in-person or remote conference (including a combination thereof, if practicable), the arbitration award shall be in writing and shall be final and binding on the parties, and judgment upon any award rendered in any such arbitration proceeding shall be entered into any Federal or State Court of the State of Delaware only. Furthermore, if any proceeding is commenced to enforce any of the terms and provisions of this Agreement and/or an arbitration award, the prevailing party will have the right to recover its reasonable attorneys’ fees and costs from the non-prevailing party in the event of a unilateral decision, or in whatever proportion as determined by the arbitration board in accordance with assigning responsibility and/or fault as to the subject of the dispute.
Force Majeure. Neither party will be liable for inadequate performance to the extent caused by a condition (for example, natural disaster, act of war or terrorism, riot, labor condition, governmental action, and Internet disturbance) that was beyond the party’s reasonable control.
Communications. In connection with your use of the Services, we may contact you regarding service announcements, administrative messages, and other information.
You may opt out of some of those communications in your Account settings.