© 2019 Massive Computing, Inc.

Terms & Conditions

 

1.Definitions

  1. The “Service” means any application, API, and service provided by Massive which allows for users to participate in a distributed computing network in exchange for sharing their computing power and bandwidth.

  2. The “Distributed Computing Network” means the aggregate of pooled computing being contributed by users.

  3. The “User” means the account applicant or person who uses service to access premium content through a Publisher.

  4. The “Publisher” means account applicant or person who is responsible for the distribution of the service.

  5. The “Opt-in” means a modal, popup, widget, or landing page that let’s a user opt in to using the service in order to redeem an offer from or donate to the publisher.

  6. The “Website” is the publisher owned property which is utilized to provide advertising space for the advertiser.

  7. “Traffic” is the supply of users from a publishers website to the Massive platform.

  8. “Effective Date” is the date the Publisher accepts this terms and conditions

 

2.Conditions

  1. All contracts and insertion orders made by Massive shall be deemed to incorporate these terms and conditions which shall prevail over any other document or communication from the advertiser or publisher.

  2. If any amendments to these terms and conditions are required they must be confirmed through the channels deemed appropriate by Massive.

  3. These terms and any disputes arising will be governed under the laws of the United States.

 

3.Legal Relationship

  1. Neither party is a partner or agent of the other and does not have the power or authority, directly or indirectly or through its servants or agents, to bind the other to any agreement with a third party or otherwise to contract, negotiate or enter into a binding relationship for or on behalf of the other, except as expressly provided by this agreement.

  2. It is understood and agreed upon by the parties hereto that during the term of this agreement the use of the term “Service Partner” and similar terms which may be used to describe the relationship between the parties under this agreement refer to the spirit of cooperation between the parties and do not describe or (expressly or by implication) create any partnership between the parties.

 

4.Delivery of privacy notice

  1. Whilst every reasonable effort shall be made to provide reliable and consistent delivery of the privacy notice and the terms and conditions, Massive shall not be liable for any losses, costs, damages or expenses incurred by the publisher or any other person or company arising directly or indirectly out of any failure from the distributed computing network.

 

5.Publicity

  1. Massive may use the names, trademarks and/or correspondence of publishers, advertisers or any third parties without prior written approval.

 

6.Revenue calculations

  1. All traffic revenue will be calculated from Massive statistics and reported in the publisher dashboard. These will be the sole basis for calculating revenue for publishers.

  2. Massive statistics may not be 100% accurate and this is accepted by the publishers.

  3. In the event of a failure to record statistics from the network. Massive will estimate revenue and costs based on previous and historical statistics. Our decision in regard to setting these rates will be final and not negotiable.

 

7.Ownership and Risk

  1. No guarantees can be made in respect to traffic quality and Massive will not be held liable for any losses incurred from user opt-in, pause, or uninstall rates.

 

8.Term

  1. Unless otherwise terminated earlier pursuant to Sections 8, 14, 16 or 17, the term of this Agreement shall be one (1) year from the Effective Date. This Agreement shall be automatically renewed on successive one (1) year periods on condition that you comply with the minimum requirements set forth in this document (as may be amended from time to time during any year).

 

9.Cancellation and Refunds

  1. A publisher can cancel their account at any time. The service provides real time control of this feature however as a precaution it is recommended to provide 24 hours notice in writing where possible.

  2. If you are a publisher you have the right, in addition to your other rights, to cancel your contract. You must contact us and inform us in writing of your desire to cancel your account. Your login will then be removed and your remaining balance will be paid out only if it meets the minimum thresholds as outlined in section. Your logo and content you provide to users will be removed from Massive services. Any bank/paypal fees from this will be charged to the publisher.

  3. All complaints must be sent to legal@massive.com

10.Force Majeure

  1. In the event that Massive is prevented from carrying out its obligations under a contract for sale as a result of any cause beyond its control such as but not limited to Acts of God, War, Strikes, Lock-outs, Hardware Failure, Security Breaches, Flood and Failure of third parties to deliver advertising, Massive shall be relieved of its obligations and liabilities under such contract for sale for as long as such fulfillment is prevented.

 

11.Complaints

  1. If you have a complaint about our service or any goods or services you purchase from Massive then please contact us immediately. You will be contacted as soon as possible of our hearing from you and aim to provide a resolution within 5 working days.

  2. All complaints will be dealt with in a fair and confidential manner.

  3. All complaints must be sent to legal@massive.com

 

12.Liability

  1. Under no circumstances will Massive be liable for any losses suffered by the users publishers.

  2. We are not liable for losses caused by third parties including those using the service.

  3. You shall indemnify and hold harmless Massive, its officers, directors, employees and affiliates against all losses, damages, costs and payments, including settlements and legal fees incurred, arising out of third party claims against us in relation to the use of the service.

 

13.Alterations to terms and conditions

  1. Massive is entitled to amend these terms and conditions as we see fit for any reason at any time.

  2. An up to date copy of the current terms and conditions will be provided at the following URL: https://www.massive.com/partnertos

  3. If a publisher does not agree to any amendment they will be entitled to terminate the agreement in writing within 10 days of the amendment being made.

14.Damage to systems

  1. Massive is not liable for any losses suffered from damage to hardware or software systems caused by using the service.

 

15.Website Standards

  1. Massive has a zero-tolerance policy on the following website and advertising content:

  1. Child pornography

  2. Sexual conduct with animals

  3. Violent or abusive content

  4. Racist, sexist or any discriminatory content

  5. Content or images of a person without his/her consent

  6. Criminal offenses

  7. Deceptive investment advice

  8. Spyware, malware, adware and any illegal software

  9. Pirated content / Copyright infringements

  10. Illegal activities such as Spam and Phishing

  11. Any scatalogical activities

  12. Unauthorised use of third party trademarks

  13. Promotion of drugs or related paraphernalia

  14. Any content targeting children of age 18 or younger

  15. Gambling or online betting which targets US audiences

  16. Paid to click advertising (PTC)

  17. Auto surf traffic generators

  18. Pop unders or iframing content.

 

16.Applications

  1. Applications for accounts on the network will be approved or declined at the sole discretion of Massive or its employees for any reason we deem fit.

 

17.Misuse

  1. Any misuse of the Service will result in immediate suspension or closure of the users or publishers account.

  2. Misuse will be judged solely by Massive employees and can be based on any factor we see fit.

  3. Publishers using any method to artificially increase the number users opted in through their website will have their accounts immediately closed. All traffic provided should be genuine users.

  4. Code provided for publishers such as the javascript tag may not be modified or reused in any way.

  5. Creating multiple accounts on the Service without prior authorization will be deemed as misuse.

  6. Publisher code must only be placed on domains owned by the webmaster or with written permission from the owner of the website.

  7. The SiteID used in publisher code must match the owned domain of the webmaster.

  8. Using any IP changing service such as VPN, proxy, TOR or any Service that hides or changes your IP address is forbidden. We check users IP addresses against 3rd party lists to identify offenders.

18.Closure of Account

  1. On closure of account the publisher will not be entitled to any remuneration of funds remaining in the account.

19.Use of Data

  1. Massive stores anonymous usage metrics (connected to a UID), locally (on the user's device) and remotely (in our database). Every publisher is responsible for updating the terms and conditions, privacy policy and any other legal documents required for the use of cookies in their local region.​

 

20.Use of Distributed Computing Network

  1. We turn small amounts of the user’s CPU into a distributed supercomputer. The distributed computing purpose component of it is used to run various services through it. Some of the services are free (we will donate some of our network to advance science) and some of them are paid. We will use the profits and redistribute it according to our terms with partners in order to offer new services such as an ad free experience for our users. The distributed computing network will be used at the discretion of Massive.

21.Intellectual Property

  1. The Massive co-founders retain all rights, title and interest in this website, its products and services including all copyrights, patents, trade secrets, trademarks, trade names, logos, slogans, graphics, scripts, code, videos, text, software, files, content, information and other intellectual property rights.

22.Indemnification

  1. To the fullest extent permitted by applicable law, you will indemnify, defend and hold harmless us and our respective past, present and future employees, officers, directors, contractors, consultants, equity holders, suppliers, vendors, service providers, parent companies, subsidiaries, affiliates, agents, representatives, predecessors, successors and assigns from and against all claims, damages, liabilities, losses, costs and expenses.

  2. We reserve the right to exercise sole control over the defense, at your expense, of any claim subject to indemnification pursuant to these terms. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and Massive.

 

23.Assignment and Sub-Contracting

  1. You may not assign, transfer, deal or declare a trust in respect of or sub-contract any of your rights or obligations under this agreement or purport to do so without Massive’s consent.

24.Referrals

  1. All referral traffic should be genuine users, fake accounts and bot traffic will result in account cancellation.

  2. Massive personnel reserve the right to suspend any accounts that we believe have misused the Service. Our decision is final and is not liable to legal proceedings.

25.Taxation

  1. Users and publishers are solely responsible for the disclosure and taxation of all digital assets and income.

  2. Massive will not be held responsible for the tax implications of transferring or holding digital assets in your home jurisdiction.

26.Confidentiality

  1. You shall at all times: (i) keep confidential, (ii)take reasonable steps to ensure that disclosure is made to your employees, agents or sub-contractors on a need-to-know basis and that employees, agents and subcontractors are subject to restriction not to disclose to third party, (iii) maintain proper and secure custody, and (iv) not use or reproduce in any form for any purpose outside the scope of this agreement, of any Confidential Information belonging to Massive, without the written consent of Massive or as required by law.

  2. Upon termination of this agreement, you shall:​​

    1. deliver all Confidential Information belonging to Massive and all changes to, reproductions of, extracts from and notes and copies thereof regarding that Confidential Information, in any form; or

    2. destroy the Confidential Information and, if it is stored in other media, erase it from the media on which it is stored so that the Confidential Information is incapable of being retrieved; and

    3. within fourteen (14) business days of termination of this agreement, by a director or officer, provide a statutory declaration to Massive that all Confidential Information has been delivered or destroyed in accordance with this clause.

  3. Nothing in this clause 26 shall prevent disclosure by you of any such information in compliance with a legal requirement or otherwise where disclosure is required by law, but only to the extent necessary to comply with such requirement. You, on receiving such notice of compulsion, shall within seven (7) days of receipt of the notice provide Massive with such information relating to the request and cooperate with Massive to defend or resist such request, as necessary.

 

25.Misc

  1. Any contracts shall in all respects be construed and operate as an US contract and in conformity with US laws.

  2. Massive will not be held liable to any breaches of guidelines or laws outside of the US.

  3. If any part of these terms and conditions that is not fundamental is found to be illegal or unenforceable, such finding will not affect the validity or enforceability of the remainder of these terms and conditions.