This Rocket A Terms of Service (“Agreement”) sets forth the relationship between aix inc. (“Company”) and the advertisers, as defined in Article 2, regarding the use of the affiliate advertising service “Game Rocket” (“Service”) provided by the Company.
Article 1: Compliance with this Agreement
All advertisers must comply with this Agreement and all associated terms, rules, and guidelines (“Terms and Conditions”).
Article 2: Definitions
The definitions of terms used in this Agreement are as follows:
- Service: A service where the Company creates advertisements requested by advertisers, displays them on partner sites, and charges advertisers based on performance outcomes. The Company then pays rewards to the partner sites or users.
- Advertiser: An entity or agency registered to this Service, paying performance-based fees.
- Advertising Applicant: An individual, company, or entity wishing to become an Advertiser.
- Subject Advertisement: An advertisement requested by an Advertiser via email and registered in the Service upon the Company’s approval.
- Advertiser Site: The website or app operated by the Advertiser serves as the Subject Advertisement’s landing page.
- Partner Site: A partner`s service(site) registered in the Service to display the Subject Advertisement.
- Partner: The entity registering the Partner Site to the Service.
- User: Individuals visiting or intending to visit the Advertiser Site or app service via the Subject Advertisement displayed on the Partner Site.
- Performance Outcome: Actions specified by the Advertiser, such as purchases, achievements, registrations, or information inquiries made by Users on the Advertiser Site.
- Performance Fee: Compensation paid by the Advertiser to the Company based on Performance Outcomes.
- Management Interface: An online platform(group company service and partners) provided by the Company for Advertisers to view performance outcomes, process approvals or denials, and access necessary information.
- Approval: The act of recognizing a Performance Outcome as eligible for Performance Fees.
- Rejection: The act of deeming a Performance Outcome ineligible for Performance Fees.
- Approval Process: The task of approving or rejecting Performance Outcomes via the Management Interface or inquiries about each other.
Article 3: Purpose
- This Agreement outlines the basic terms and mutual conditions between the Company and Advertisers regarding the distribution of Subject Advertisements through Partner Sites using this Service.
- This Agreement serves as a general provision applicable to all individual contracts between the Company and Advertisers for the placement of Subject Advertisements. Individual contracts may be established through written or email agreements. In case of conflict between this Agreement and an individual contract, the provisions of the individual contract will prevail.
Article 4: Application for Service Use
- Advertising Applicants must review and accept this Agreement, then apply for the Service through the Company’s specified method. Submission of an application by email or contact form is deemed acceptance of this Agreement.
- Advertising Applicants guarantee the following:
1)The information provided is accurate.
2)No third-party rights are violated.
3)Usage of the Service is not for illegal or malicious purposes.
4)The Applicant assumes full responsibility for the Subject Advertisement and the Advertiser Site.
Article 5: Review
- The Company will review applications based on its criteria, which will not be disclosed.
- If an application is rejected, the Company will notify the Applicant but is not obligated to disclose the reason.
- Approval of an application does not guarantee the legality of the Subject Advertisement or the Advertiser Site.
- The Company may suspend Service use if issues arise, such as false information or violations of the Company’s terms.
(1) If there is false or incomplete information in the application details.
(2) If the content of the advertisement or the advertiser’s site specified by the applicant is inappropriate, and despite a reasonable period set by us for corrections, no corrections are made within that period.
(3) If the applicant has violated the terms of use for other services specified by us, or if they have had a service suspension, contract termination, or other penalties imposed in the past.
(4) If there is an ongoing dispute with us and the dispute has not been resolved.
(5) If the applicant does not exist.
(6) If the applicant is part of, or has any connection with, an antisocial organization or its members.
(7) If we determine that the applicant is otherwise unsuitable.
Article 6: Formation of Individual Contracts
- Individual contracts are formed upon the distribution of Subject Advertisements following approval of the application.
- The Company has discretion over advertisement distribution methods, and Advertisers cannot dictate the specifics unless otherwise agreed.
Article 7: Advertiser Obligations
The advertiser must ensure that the content of the advertisement and the advertiser’s site does not cause any damage to us or our partners due to the following items. If the advertiser violates this and we suffer any damage or loss, the advertiser will be liable for compensation or reimbursement for such damage or loss in Japan.
(1) If the responsibility is unclear.
(2) If the content includes expressions or elements that may infringe on copyright or other intellectual property rights.
(3) If the content includes expressions or elements that may infringe on third-party rights, such as honor, privacy, or portrait rights.
(4) If the content contains false, unfair, or exaggerated representations that may lead to misunderstanding or confusion.
(5) If it involves pyramid schemes, multi-level marketing, or similar activities.
(6) If it promotes violence, gambling, drugs, prostitution, or other criminal activities.
(7) If the content or links lead to adult content.
(8) If it violates laws, ordinances, regulations, or includes expressions or content that may be deemed antisocial.
(9) If the content includes expressions or elements that are contrary to public morals.
(10) If the content or purpose is unclear or inadequate.
(11) If there are links to websites that fall under any of the above categories.
(12) If there is a risk that the content falls under any of the above categories.
(13) If it involves spam activities via email, postings on bulletin boards, or other methods that cause inconvenience to third parties.
(14) If the results generated by programs or devices are fraudulent or false.
(15) If it is objectively deemed inappropriate.
Article 8: Use of Trademarks
In providing this service, we may use the advertiser’s trademarks, logos, etc., to the necessary extent. However, when using trademarks, logos, etc., no modifications will be made to the content.
If the advertiser deems the use of their trademarks, logos, etc., by us to be inappropriate, they may immediately stop the use or revoke the permission to use them.
Article 9: Performance Confirmation
- The Company and the advertiser shall separately establish the conditions for approval, approval deadlines, and other related terms (hereinafter referred to as “Approval Conditions”) through mutual consultation. It is agreed that performance will be primarily verified based on MMP (Mobile Measurement Partner`like Adjust, Appsflyer) data. If issues that require additional mutual agreement arise, the ongoing advertising campaign may be paused without the advertiser’s consent.
- The advertiser must promptly carry out the task of approving or rejecting (hereinafter referred to as “Approval Work”) in accordance with the approval conditions agreed upon with the Company. The advertiser may modify the approval conditions with the Company’s consent.
- If the approval work is not completed within the approval deadline, the Company may deem the result as approved by the advertiser.
- Even if a result is rejected within the approval deadline, if the rejection violates the approval conditions, the Company may deem the result as approved by the advertiser.
- If the advertiser decides to reject a result, the Company may inquire about the reasons for the rejection. In such cases, the advertiser must respond promptly.
- For investigation requests related to results that occurred within the period (such as rejection reason investigations) or investigation requests regarding tracking errors, the Company may request such investigations from the advertiser within 60 days after the end of the publication.
Article 10: Payment of Performance Fees
- Company will compile the approved performance results by advertisers on the last day of each month based on the outcome of the advertiser’s approval process, and will finalize the performance-based fees. Company will then report the finalized fees to the advertiser by email or through another agreed-upon method of notification within five business days.
- Advertisers must transfer the reported performance-based fees into a bank account designated by our company by the end of the month following the closing date. In this case, the advertiser bears the cost of the transfer fees.
- Even if the Agreement is canceled, the Company will not refund any performance-based fees already received from the advertiser under any circumstances.
- As long as Company and advertiser agree, it may be possible to proceed the payment and performance fees on different terms and conditions than the above items.
Article 11: Notifications
- Notifications from us to the advertiser will be made via email to the email address registered by the advertiser, postings on the service or management report, or other methods deemed appropriate by us.
- If the notification is sent by email, we will consider the notification complete once the email is sent to the email address registered by the advertiser.
Article 12: Confidentiality
- The advertiser shall not use, disclose, provide, leak, reproduce, translate, adapt, analyze, or lend any proprietary technical, business, or operational information disclosed by us in relation to the provision of this service (hereinafter referred to as “Confidential Information”) for purposes other than the use of this service, without obtaining prior consent from us.
- Upon termination of the individual contract or upon request from us, the advertiser shall immediately delete or return the Confidential Information to us.
Article 13: Subcontracting
We may, at our own responsibility and discretion, subcontract some of the tasks related to the provision of this service, including dealings with the advertiser and the operation of the service, to a third party. In such cases, we will ensure that the third-party subcontractor complies with the obligations set forth in these terms and conditions.
Article 14: Effective Period
- The duration of this service will be from the agreement to the terms of use until the completion of the advertising distribution.
- Notwithstanding the previous paragraph, the provisions of Article 13 (Confidentiality), Article 17 (Termination) Section 3, Article 18 (Prohibition of Transfer of Rights), Article 19 (Compensation for Damages), Article 20 (Disclaimer), Article 23 (Exclusive Jurisdiction), Article 24 (Governing Law), and this article will remain in effect even after the expiration of the effective period.
Article 15: Exclusion of Antisocial Forces
1. Representation and Warranty:
Both the company and the advertiser represent and warrant that neither party falls under any of the following categories and will not fall under them in the future:
Not being a member of a criminal organization, nor a person who was a member of a criminal organization within the past five years.
Not being involved with any criminal organization, criminal syndicates, or similar groups (hereafter referred to as “criminal organizations”).
Additionally, both parties guarantee that they do not fall under the following circumstances:
(1)Having a relationship where a criminal organization is deemed to control the management.
(2)Having a relationship where a criminal organization is involved in the management.
(3)Using criminal organizations for improper purposes, such as for personal or third-party gains or causing harm to others.
(4)Providing funds or conveniences to criminal organizations.
(5)Having officers or individuals with substantial involvement in management who have a socially reprehensible relationship with criminal organizations.
2. Prohibited Conduct:
The company and the advertiser agree not to engage in any of the following behaviors themselves or by using third parties:
(1)Violent demands.
(2)Unjust demands beyond legal responsibilities.
(3)Threatening behavior or use of violence in relation to transactions.
(4)Spreading rumors, using deceptive means, or employing force to damage the other party’s reputation or interfere with their business.
(5)Any other similar actions.
3. Investigation and Cooperation:
If there are reasonable grounds to suspect a violation of any of the above provisions in the first paragraph, either the company or the advertiser may conduct an investigation into the matter. The other party must cooperate with such an investigation.
4. Termination of Agreement:
In the event of a violation of any of the provisions outlined in the first, second, or third paragraphs, either party may immediately terminate the agreement, in whole or in part, without any notice or demand. This includes the loss of any benefits that were due under the agreement.
5. Liability for Damages:
Neither the company nor the advertiser will be liable for any damages suffered by the party whose contract is terminated under the provisions of the previous section.
6. Claims for Damages:
In the event of termination under paragraph 4, the terminating party may claim reasonable damages from the party whose contract was terminated. This includes indirect damages, lost profits, legal fees, and other reasonable costs related to the termination.
Article 16: Termination
1. Service Suspension and Contract Termination:
Both the company and the advertiser can suspend the use of the service and terminate the individual contract by following a procedure separately defined by the company.
2. Immediate Termination Rights:
If the other party falls under any of the following circumstances, either party may suspend or terminate all or part of the individual contract without any notice or demand, and without assuming any liability for breach of contract or damages:
(1)Violation of the terms of this agreement or the individual contract, and failure to correct the violation promptly.
(2)Failure to perform obligations under this agreement or individual contract, despite a reasonable period of time given for rectification.
(3)Suspension of payments or insolvency, or if a bill or check is dishonored.
(4)If an attachment, provisional attachment, or auction application is made, or if tax delinquency measures are taken.
(5)Significant deterioration of creditworthiness or major changes in business operations that affect credit.
(6)Filing for bankruptcy, special liquidation, corporate reorganization, civil rehabilitation, or other similar insolvency procedures, or entering into liquidation.
(7)Attempting to dissolve or transfer or divide all or a significant part of the business to a third party.
(8)Any other circumstances that may significantly harm the economic or social credit of the party.
(9)If a situation arises (such as a disaster or labor dispute) that makes it difficult to fulfill the obligations under this agreement or individual contract.
3. No Impact on Claims for Damages:
The exercise of the termination right under the previous paragraph does not prevent either party from claiming damages.
Article 17: Prohibition of Transfer of Rights
Advertisers cannot transfer contractual rights or obligations without prior written consent.
Article 18: Indemnification
The advertiser shall indemnify the company for all damages, including attorney’s fees, incurred by the company due to the advertiser’s actions related to these terms, regardless of whether the agreement is terminated.
Article 19: Disclaimer
The company shall be exempt from liability for damages caused to the advertiser due to any of the following reasons. However, in such cases, the company will make every effort to notify the advertiser in advance, and if prior notification is not possible, will promptly notify the advertiser afterward to minimize any disruption.
(1)If the server stops due to natural disasters, fires, pandemics, excessive traffic, or other force majeure events.
(2)If the provision of the service is suspended or interrupted for maintenance purposes.
(3)If communication lines experience disruptions, causing suspension or interruption of the service.
(4)If unauthorized access or other malicious activities are detected, and the service is suspended or interrupted to prevent further damage or expansion.
(5)If unauthorized access or malicious activities result in data alteration, manipulation, destruction, or deletion.
Article 20: Negotiation
The Company and the Advertiser shall, in the event of any doubts or matters not specified in these Terms and Conditions or the individual contract, make decisions in accordance with the principle of good faith and sincerity through consultation.
Article 21: Amendments
1.The Company may change the Terms of Use under the following circumstances:
(1) When the change of the Terms of Use aligns with the general benefit of the users.
(2) When the change of the Terms of Use does not contradict the purpose of the contract and is reasonable considering the necessity of the change, the appropriateness of the changed content, and other circumstances related to the change.
2. When changing the Terms of Use, the Company will post a notice on its website (Rocket A Website – Terms of Use) at least one month before the effective date of the changed Terms, informing users of the changes, the content of the revised Terms, and the effective date of the changes. If the user continues to use the service after the effective date of the changed Terms, it will be deemed that the user has agreed to the changes.
Article 22: Exclusive Jurisdiction
In the event of any dispute arising from the use of this Service, the Company and the Advertiser agree that the Tokyo District Court shall have exclusive jurisdiction as the court of first instance.
Article 23: Governing Law
This Agreement, including its formation, validity, performance, and interpretation, shall be governed by the laws of Japan.