PUBLISHER / AFFILIATE NETWORK AGREEMENT

This Publisher Agreement (“Agreement”) establishes the terms and conditions by which a Publisher may participate in the Mars Digital Media Affiliate & Performance Marketing Network (“Program”). Mars Digital Media (“Mars Digital”) and the Publisher agree to be legally bound by the following terms and conditions.

1. DEFINITIONS

“Program” means the Mars Digital Media performance-based marketing and affiliate network through which advertisers and publishers participate in performance marketing campaigns.

“Affiliate,” “Publisher,” or “Partner” means any individual, company, organization, website, media property, or other entity that accepts the terms and conditions of this Agreement and is approved to participate in the Program.

“Mars Digital Media Network” means the network of approved publishers, affiliates, websites, applications, media properties, and other approved marketing channels through which Mars Digital may facilitate advertising and performance marketing campaigns.

“Ad” or “Creative” means any graphic, banner, HTML page, landing page, text, product information, promotional material, tracking link, or other advertising material provided or approved by Mars Digital or an Advertiser for use by a Publisher.

“Advertiser,” “Customer,” or “Client” means an advertiser, merchant, brand, agency, or other commercial entity providing advertising campaigns or promotional offers through Mars Digital.

“Advertiser Campaign” means an advertiser’s performance marketing program consisting of its products, services, advertisements, tracking mechanisms, payment model, and applicable Campaign Rules.

“Campaign Rules” means the specific requirements, restrictions, promotional methods, geographic limitations, traffic sources, and other conditions established by an Advertiser or Mars Digital for a particular campaign.

“Approved Website(s)” means the Publisher’s website domain(s), application(s), landing page(s), social media property, media property, or other marketing channel that has been submitted to and approved by Mars Digital.

“Impressions” means the number of times an advertisement is served to and received by a visitor or user through an approved Publisher property, as measured by the applicable tracking system.

“CPM” means cost per thousand impressions.

“Click-through” means the process through which a visitor or user clicks on an advertisement, promotional link, or other approved marketing asset and is directed to the Advertiser’s website or destination.

“Cost-Per-Sale (CPS)” means a performance-based advertising payment model in which payment is based on qualifying sales generated through the Publisher.

“Cost-Per-Action (CPA)” means a performance-based advertising payment model in which payment is based on qualifying actions, including sales, registrations, applications, installations, or other approved actions.

“Cost-Per-Lead (CPL)” means a performance-based advertising payment model in which payment is based on qualifying leads generated through the Publisher.

2. PARTICIPATION

Mars Digital shall have discretion to approve or reject any applicant, Publisher, website, media property, traffic source, or marketing channel for participation in the Program.

All websites, newsletters, applications, social media properties, companies, individuals, and other marketing channels must receive approval from Mars Digital before participating in applicable campaigns.

Only websites, newsletters, applications, media properties, and traffic sources that have been reviewed and approved may be used to promote campaigns where such approval is required.

To be eligible for Publisher approval:

Publisher properties must:

Contain legitimate, original, and useful content or otherwise provide a legitimate marketing service.
Not contain or link to content involving gratuitous violence, obscene or vulgar material, abusive content, or material that promotes physical harm.
Not contain sexually explicit or otherwise offensive content.
Not contain racial, ethnic, political, hateful, discriminatory, or otherwise objectionable content.
Not promote illegal activities or illegal products or services.
Not promote illegal substances or unlawful activities.
Not contain fraudulent, deceptive, misleading, or materially inaccurate content intended to deceive users.
Not engage in hacking, phishing, malware distribution, or other unlawful technical activity.
Not contain or promote software piracy, spyware, malware, adware, parasiteware, or similar prohibited technologies.
Not artificially inflate traffic, clicks, impressions, leads, sales, conversions, or other performance metrics.
Not incentivize users to click advertisements or complete Advertiser actions unless expressly permitted in writing.
Be fully functional and accessible to users.
Clearly identify the Publisher or entity responsible for the property where reasonably required.
Comply with all applicable advertising, consumer protection, privacy, intellectual property, email marketing, and data protection laws.
Comply with the specific Campaign Rules applicable to each Advertiser Campaign.

Mars Digital may reject or remove any Publisher property that, in its reasonable determination, creates compliance, brand-safety, fraud, reputational, legal, or performance concerns.

Each Publisher may maintain only one primary Publisher account with Mars Digital unless Mars Digital expressly approves otherwise. Multiple websites, applications, media properties, and traffic sources may be associated with the account provided that they are disclosed and approved where required.

3. PROHIBITED CONDUCT AND NETWORK QUALITY

Mars Digital actively monitors traffic and performance activity for fraud, abuse, policy violations, and other forms of non-compliant activity.

If Mars Digital identifies suspected fraudulent or prohibited activity, the Publisher’s account, campaign access, or commissions may be placed on hold while the matter is investigated.

The following activities are prohibited unless expressly approved in writing by Mars Digital and/or the relevant Advertiser:

1. Unauthorized Framing

Publishers may not place Advertiser advertisements, websites, or promotional materials within frames, iframes, overlays, or similar environments in a manner that violates campaign rules or Advertiser requirements.

2. Incentivized Traffic

Publishers may not use points, rewards, cash incentives, prizes, contests, rebates, loyalty benefits, or similar incentives to encourage users to click advertisements or complete Advertiser actions unless the campaign expressly permits such traffic.

3. Fraudulent Activity

Publishers may not artificially generate clicks, impressions, leads, sales, registrations, applications, installations, or other conversions.

Prohibited methods include, but are not limited to:

Automated traffic
Bots or non-human traffic
Fake clicks
Fake leads
Fake orders
Forced redirects
Cookie stuffing
Conversion manipulation
Pre-population of forms without user intent
Misleading redirects
Duplicate or fabricated transactions
Traffic laundering
Any other mechanism intended to improperly generate commissions

Where Mars Digital reasonably determines that fraudulent activity has occurred, commissions associated with such activity may be withheld, reversed, or cancelled, and the Publisher’s account may be terminated.

4. Email Marketing

Publishers using email, newsletters, or direct messaging to promote campaigns must obtain any required written approval from Mars Digital and/or the Advertiser before launching the campaign.

Publishers must not send unsolicited, deceptive, misleading, or spam communications promoting Advertiser campaigns.

5. Approved Advertising Materials

Publishers must use approved advertisements, tracking links, promotional copy, trademarks, and other marketing materials where required by the relevant Campaign Rules.

Publishers may not materially modify Advertiser creatives, trademarks, promotional claims, or advertising copy without appropriate approval.

4. EMAIL PROGRAMS

Any email-based creative transmitted by a Publisher in connection with the Program must comply with all applicable laws and regulations, including applicable anti-spam, privacy, consumer protection, and electronic communications requirements.

Publisher emails must:

Be sent only to legally obtained and appropriately managed email lists.
Include all legally required sender identification and contact information.
Include a functioning unsubscribe mechanism where required.
Honor unsubscribe and suppression requests within the applicable legally required period.
Not contain deceptive subject lines, misleading claims, or fraudulent promotional information.
Not infringe copyrights, trademarks, privacy rights, publicity rights, or other intellectual property rights.

Publishers may not broker, rent, sell, or otherwise distribute Advertiser creatives through undisclosed third-party email lists or email marketing partners without prior written approval from Mars Digital.

5. TRAFFIC SOURCES AND DISCLOSURE

Publishers must accurately disclose the traffic sources and promotional methods used to promote each campaign when requested by Mars Digital or the Advertiser.

Depending on the applicable Campaign Rules, approved traffic sources may include:

Content websites
Editorial websites
Review websites
Comparison websites
Coupon and deals websites
Cashback websites
Search and shopping platforms
Social media
Influencer marketing
Email marketing
Display advertising
Native advertising
Paid media
Mobile applications
Other approved performance marketing channels

No Publisher may use a traffic source that is expressly prohibited by the Advertiser or Mars Digital.

Mars Digital may request information relating to traffic sources, placements, domains, campaigns, creatives, audiences, or promotional methods to validate compliance and campaign quality.

6. CAMPAIGN-SPECIFIC REQUIREMENTS

Each Advertiser Campaign may have additional Campaign Rules.

Campaign Rules may include restrictions relating to:

Brand bidding
Paid search
Trademark usage
Coupon codes
Cashback
Incentivized traffic
Social media
Email
Display advertising
Native advertising
Influencer marketing
Geographic targeting
Promotional claims
Discount messaging
Creative usage
Landing pages
Traffic sources
Sub-publishers
Browser extensions
Mobile applications
Retargeting
Attribution
Other marketing activities

Publishers are responsible for reviewing and complying with the Campaign Rules applicable to every campaign they promote.

Violation of campaign-specific rules may result in commission reversal, suspension, removal from the campaign, or termination of the Publisher account.

7. SUB-PUBLISHERS AND THIRD-PARTY TRAFFIC

Publishers must disclose the use of third-party publishers, agencies, media buyers, influencers, websites, applications, or other promotional partners when required by Mars Digital or the Advertiser.

A Publisher remains responsible for the actions and traffic generated by its approved sub-publishers and promotional partners.

A Publisher may not knowingly distribute campaign tracking links or creatives to undisclosed third parties where such distribution is prohibited by the Campaign Rules.

Mars Digital reserves the right to request information regarding the source of traffic and the parties responsible for generating such traffic.

8. FRAUD INVESTIGATION

Mars Digital may investigate suspicious traffic, conversions, transactions, leads, clicks, or other performance activity.

During an investigation, Mars Digital may temporarily place commissions in a pending or review status until the investigation has been completed.

The Publisher agrees to reasonably cooperate with requests for information, including traffic-source details, placement information, campaign records, screenshots, promotional materials, or other evidence necessary to assess compliance.

If fraudulent or materially non-compliant activity is confirmed, Mars Digital may reverse associated commissions, suspend campaign access, suspend the account, or terminate this Agreement.

9. TERMINATION

Mars Digital reserves the right to suspend or terminate a Publisher’s participation in the Program where it reasonably determines that the Publisher:

Violated this Agreement;
Violated Campaign Rules;
Engaged in fraudulent activity;
Generated materially non-compliant traffic;
Misrepresented traffic sources;
Used unauthorized promotional methods;
Created a material legal, regulatory, brand-safety, or reputational risk;
Failed to provide requested compliance information; or
Otherwise materially breached the terms of the Program.

Termination or suspension may be communicated by email and may become effective immediately where necessary to protect Mars Digital, its Advertisers, or the Program.

Subject to applicable Campaign Rules and the terms of this Agreement, legitimate approved commissions earned before termination will be processed during the applicable payment cycle.

Commissions associated with fraudulent, invalid, cancelled, reversed, or otherwise non-qualifying transactions may not be payable.

10. PAYMENTS

Publisher commissions are calculated according to the payment terms applicable to each Advertiser Campaign.

Unless otherwise agreed in writing:

The minimum payment threshold is USD $100.
International Publishers are subject to the same minimum payment threshold unless otherwise agreed.
Payments are generally processed on a Net-20 basis, subject to validation, Advertiser payment, tracking confirmation, and applicable payment processing requirements.
Payments may be delayed where Advertiser payments have not yet been received.
Transactions may be subject to advertiser validation, cancellation, reversal, returns, fraud checks, or other post-conversion adjustments.

Mars Digital does not guarantee payment for transactions that are rejected, cancelled, reversed, determined to be fraudulent, or otherwise deemed non-qualifying under the applicable campaign terms.

Mars Digital may withhold or adjust payments where reasonably necessary to address fraud, chargebacks, cancellations, tracking discrepancies, Advertiser disputes, or violations of this Agreement or applicable Campaign Rules.

11. REPRESENTATIONS AND WARRANTIES

The Publisher represents and warrants that:

It has the legal authority to enter into this Agreement.
All information provided to Mars Digital is accurate and complete.
It owns or has the necessary rights to use the websites, content, creatives, trademarks, images, software, and other materials used in connection with the Program.
Its marketing activities comply with all applicable laws and regulations.
Its traffic is generated through legitimate marketing activities.
It will not knowingly engage in fraudulent, deceptive, misleading, or unlawful activities.
It will comply with all applicable Advertiser Campaign Rules.
It will promptly notify Mars Digital of any material change affecting its ability to comply with this Agreement.

The Publisher is solely responsible for the content and marketing practices of its websites, media properties, applications, campaigns, and other promotional channels.

12. INDEMNIFICATION

The Publisher agrees to indemnify, defend, and hold harmless Mars Digital Media, its affiliates, officers, directors, employees, contractors, partners, Advertisers, and agents from claims, losses, liabilities, damages, costs, and reasonable legal expenses arising from:

The Publisher’s violation of this Agreement;
The Publisher’s violation of applicable laws or regulations;
Fraudulent or misleading marketing practices;
Intellectual property infringement;
Unauthorized use of Advertiser materials;
Spam or unlawful communications;
Consumer complaints arising from the Publisher’s marketing activities;
Actions of the Publisher’s sub-publishers or promotional partners; or
Any other claim resulting from the Publisher’s acts or omissions.

13. LIMITATION OF LIABILITY

Mars Digital will make commercially reasonable efforts to maintain the Program and associated tracking systems.

However, Mars Digital shall not be responsible for interruptions, delays, tracking failures, technical problems, third-party platform failures, Internet outages, Advertiser website failures, or other circumstances outside its reasonable control.

Mars Digital shall not be liable for indirect, incidental, consequential, special, punitive, or exemplary damages, including loss of profits, revenue, data, business opportunities, or goodwill, arising from participation in the Program, except to the extent such limitation is prohibited by applicable law.

14. PROPRIETARY RIGHTS AND INTELLECTUAL PROPERTY

Subject to this Agreement and applicable Campaign Rules, Mars Digital or the relevant Advertiser may grant the Publisher a limited, revocable, non-exclusive, non-transferable license to use approved creatives, trademarks, logos, promotional materials, tracking links, and other intellectual property solely for the purpose of promoting approved campaigns.

The Publisher does not acquire ownership rights in any Mars Digital or Advertiser intellectual property.

Publishers may not:

Modify approved trademarks or logos without permission;
Remove copyright or trademark notices;
Copy or redistribute proprietary materials outside approved promotional activities;
Register domains, social accounts, advertisements, or other properties that impersonate an Advertiser;
Use Advertiser intellectual property for unrelated commercial purposes; or
Reverse engineer, reproduce, sell, distribute, or exploit Mars Digital’s proprietary systems.

All rights not expressly granted remain with Mars Digital and/or the applicable intellectual property owner.

15. CONFIDENTIALITY AND PUBLIC RELEASE

The Publisher agrees to maintain the confidentiality of non-public information received from Mars Digital or its Advertisers.

Confidential information may include:

Campaign terms;
Commission rates;
Performance information;
Advertiser information;
Tracking information;
Campaign strategies;
Private communications;
Business information;
Technical information; and
Other non-public information.

The Publisher may not publicly disclose confidential campaign information, Advertiser relationships, commission arrangements, or other confidential information without prior written authorization from Mars Digital, except where disclosure is required by law.

Mars Digital may reference its Publisher relationships and business activities for legitimate marketing or promotional purposes, subject to applicable confidentiality obligations.

16. DATA PROTECTION AND PRIVACY

Publishers must comply with applicable privacy and data protection laws in connection with their participation in the Program.

Publishers must obtain appropriate user consent where required and must maintain appropriate privacy policies and disclosures for their marketing activities.

Publishers must not collect, process, sell, share, or transfer personal information through Program activities in violation of applicable law or Campaign Rules.

17. MODIFICATIONS

Mars Digital reserves the right to modify this Agreement, Program policies, or Campaign Rules from time to time.

Where material changes are made, Mars Digital may notify Publishers through email, the Publisher platform, or other reasonable communication methods.

The Publisher is responsible for reviewing updated terms and complying with the latest applicable version.

Continued participation in the Program following notification of material changes may constitute acceptance of the updated terms, subject to applicable law.

18. MINIMUM AGE

No person under the age of 18 may participate in the Program.

Where the Publisher is a legal entity, the individual accepting this Agreement represents that they have the authority to bind the entity.

19. DISPUTE RESOLUTION

The parties will make reasonable efforts to resolve disputes arising under this Agreement through good-faith discussions.

If a dispute cannot be resolved through such discussions, the parties may pursue any remedies available under applicable law and any dispute-resolution procedure expressly agreed upon between the parties.

The governing law and jurisdiction applicable to this Agreement should be specified in the final executed version based on the legal structure and jurisdiction of Mars Digital Media.

20. SEVERABILITY AND NON-WAIVER

If any provision of this Agreement is found to be invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect.

Failure by Mars Digital to enforce any provision of this Agreement shall not constitute a waiver of its right to enforce that provision or any other provision in the future.

21. ENTIRE AGREEMENT

This Agreement, together with applicable Campaign Rules, Program policies, and any written agreements between Mars Digital and the Publisher, constitutes the agreement between the parties concerning participation in the Program.

In the event of a conflict between this Agreement and a campaign-specific requirement, the applicable campaign-specific requirement will govern that particular campaign to the extent expressly stated.

Terms & Conditions