Terms of Service

Takeads FZ-LLC (hereinafter “Takedeals”), registered at Dubai, UAE manages Takedeals at takedeals.com and provides Publishers and Content Providers (hereafter “Users”) with the opportunity to work with Takedeals Advertising Customers – such as Affiliate Networks, Brands, Merchants’ Coupons, Deals etc.. To use Takedeals, the Users agree to unconditionally comply with these Terms of Use (hereinafter the “Terms”).

The participants of Takedeals are Advertisers, Affiliate Networks, Brands, Merchants, Users, and Takedeals.

Affiliate Networks, Brands and Merchants (hereinafter the “Partners”) are entities that define the terms of Coupons/Deals and provide opportunities for advertising their goods and services through Takedeals Solutions via coupons/deals links using Takedeals advertising technology. 

Coupons/Deals are campaigns / offers created by the Affiliate Networks, Brands or Merchants to promote a specific product and/or service.

Publishers are entities that use Takedeals Solutions on specified Sources.

Content Providers are legal entities and private individuals who share their coupons/deals content with Takedeals for a revenue share. A specific revenue share is subject to negotiation between Content Provider and Takedeals.

Coupons/deals content is information, which includes but not limited to merchants and description about deals and discounts within a certain time frame. Content may or may not include tracking links from Affiliate Networks or Partners.

A Source is the area used by Users for online advertisements. It can also be forums, blogs, extension, search engine, technical solution, browsers and others.

Takedeals is an online platform at the domain takedeals.com, which enables Users to use Takedeals Solutions for creating and publishing on their websites advertising materials such as, but not limited to, referral Links, discount codes, display advertising, video advertising and any form of digital advertising available by the use of Takedeals Technology as well as publishing them on their Sources. These product links can be clicked on and used by interested parties to obtain product information and make purchases.

Takedeals Solutions are various Takedeals products developed for specific types of Users and that Users can use to monetize their content and user behavior with provided Sources.

1. General Provisions

1.1. In order to use Takedeals Solutions, Users must register on the website at the domain takedeals.com. The registration is carried out using the email address, a self-created password, and a username.

1.2. By submitting the registration form, the User acknowledges these Terms and accepts the Agreement (Offer) for their participation in Takedeals.

1.3. Registration is available to persons aged 18 and up. 

1.4. These Terms are part of the contractual agreements between Takedeals and Users.  These Terms regulate the use of the Solutions at the domain takedeals.com and the use of other Solutions of Takedeals.

1.5. Use of Takedeals is always free of charge for Users. There is no obligation to use Takedeals. Furthermore, every User is free to decide at any time whether, when, and to what extent s/he wants to be active on Takedeals or whether s/he wants to discontinue his/her activity.

1.6. A claim to participation in the Takedeals platform’s services does not exist. Takedeals reserves the right to exclude Users from use of the platform.

1.7.  Takedeals reserves the right to set the compensation for incorrectly used Takedeals Solutions to zero.

1.8. After completing the registration process and activating his/her account, the User may use the Takedeals Solutions. The User may change the data provided upon registration in his/her account, except for his/her username.

1.9. These Terms shall prevail over any terms provided by the User.

1.10. The User’s participation in Takedeals does not create any contract between the User and any Partner.

2. The Subject of the Agreement

2.1. Takedeals provides the ability to use and operate Takedeals on the domain takedeals.com. Takedeals participants are Affiliate Networks, Brands, Merchants, Users, and Takedeals. Users are individuals or legal entities that provide space for advertisements on their Sources and share their coupons/deals content with Takedeals.

2.2. Users shall use Takedeals Solutions on their Sources. When a user arrives at the Partner’s website through Takedeals Solutions via referral links or other advertising solutions placed on the Users’s Source and performs a Target Action (possible actions include views, clicks, leads, purchases, or any other action defined in a given program).  If the Users’s actions lead to a user undertaking one of the actions above, the Users’s advertisement shall be considered successful, and the Users shall receive a pre-agreed reward. A “Target Action” means an action that gives the Users the right to receive the reward. This can include actions such as buying goods, ordering and/or purchasing services, registering, subscribing to newsletters, etc, each goal is clearly stated in campaign rules available to the Users. 

2.3. Takedeals tracks and logs all Target Actions performed by users coming from each given end-user, provides the Users with information to that effect, and calculates the amount of rewards. The Partner shall make the final decision on whether the Target Action was performed properly (including analysis of invalid or non-human traffic, brand bidding, wrong geography of the end-user and other traffic quality rules stated in this document). The Partner and Takedeals shall determine whether a Target Action has occurred in compliance with the terms of the particular Advertising Program and Takedeals Terms and Conditions.

Each payment to the Users shall be delivered only after receiving remuneration from the respective Partner concerning each respective action mentioned above. 

2.4. Takedeals constantly develops and improves its services. To this end, Takedeals reserves the right to temporarily suspend the provision of any services, in whole or in part, if doing so is necessary for the performance of maintenance works, improvement of the services’ functions, or change of the service(s) provided.

2.5. In order to use the Takedeals Solutions, the use of certain technical means and software packages, telecommunication networks, and services of third-party organizations is required.  Subject to clause 11, Takedeals shall not be liable for the resulting costs or any possible damages and/or interference.

2.6.  Takedeals shall have the right to suspend payments to the Users in the event of an objective suspicion of a violation of these Terms, as well as to verify the Users’s specified data and/or the Users’s traffic quality.

3. Participation in Takedeals’s Activities

3.1. All Sources that comply with applicable laws and regulations of these Terms and Takedeals Privacy Policy and have been approved by Takedeals moderators may participate in Takedeals.

3.2. The Users must properly register an account on Takedeals and agree to Takedeals’ rules, including inputting all necessary company data into Takedeals’ systems. Takedeals shall not be held liable for any incorrectly entered data (including, but not limited to, the company’s tax ID, address, name, etc.). The Party entering the data shall be solely responsible for the correctness of data entered.  

The Users must provide Takedeals with all information about his/her Source.

Once the Source is activated, the Users can use Takedeals Solutions for his/her Source.

Takedeals reserves the right to deny the Users the ability to participate in Takedeals if the Users has violated the Terms. 

3.3. Only Takedeals shall make the decision to admit a Users to the partnership. The Users does not have a legal basis for obtaining such admission in the event of a decision to the contrary.

3.4. Takedeals reserves the right to request data regarding the traffic source and access the statistics of the Source while limiting the Users’s participation in Takedeals. In this case, the Users must provide the requested data within 5 working days. In the event of failure to do so, Takedeals reserves the right to stop displaying advertisements on the Users’s Source(s) and/or to take other measures to protect the interests of the Brands whose advertisements are displayed on the Users’s Source(s).

3.5. Takedeals shall have the right to request from the Users documents and data necessary (and if applicable) to confirm the validity of information about the Users, including but not limited to his/her name, date of birth, address, tax number, and banking details. By accepting these Terms, the Users agree that s/he will consciously and with unequivocal consent provide data to Takedeals. The Users’s refusal to provide data shall be considered a refusal to participate in Takedeals.

3.6. Users who agree to participate in Takedeals’ service(s) shall embed proper Takedeals Solutions delivery codes as provided by the Takedeals support team in compliance with delivered technology integration instructions and update them if such a request comes from a duly authorized Takedeals representative. 

Takedeals shall not be held responsible for any misconduct by the Users that has taken place during or after the code is installed. Liability for any such misconduct shall be solely that of the Users. 

4. Rights and Liabilities of the Users

4.1. The Users is obliged to strictly follow these Terms and to ensure that the data provided by him/her to Takedeals by any means, including the registration form, are complete and true. If any of these data are changed, the Users shall, within 5 days from the date of the change, make the relevant changes in his/her personal account.

4.2. The Users undertakes to securely store his/her data (username and password) for access to Takedeals and not allow the transfer thereof to third parties. The Users is solely responsible for the security of his/her username and password.

4.3. The Users must have the right(s) to conduct marketing activities on his/her specified Source(s). The Users shall bear any and all legal and property liability for what happens on their Source(s).

4.3.1. The Users shall provide to Takedeals all traffic coming to the Takedeals Systems, including, but not limited to, referral clicks (data on click/traffic source) for each individual user that was provided without referral information. Takedeals shall be entitled not to treat such traffic as coming from a given Users. 

4.3.2. Each instance of referral information accompanying Users information must correspond to the Users’s Source information (domain/subdomain) provided to Takedeals by the Users upon registration. For each instance of traffic provided with non-corresponding information, Takedeals shall not be obliged to treat such traffic as coming from a given Users. 

4.4. When using Takedeals Solutions on a Source, the Users undertakes not to violate the rights of third-party rightsholders to the trademark, brand, personal rights, and/or other rights without the permission of the rightsholders in accordance with current law. The Users agrees not to use content on his/her Source that violates applicable laws or leads to pages that violate applicable laws. 

4.5. The Users agree not to take any action that affects the operation of Takedeals. Such actions include attempts to technically influence the performance of the Takedeals Solutions; to hack security mechanisms; to use viruses, trojans, and/or other malicious programs for any purpose. This shall also include brute force attacks, DoS (DDoS) attacks, spam, the use of links, and/or any other processes that may damage the operation of Takedeals.

4.6. The Users may have only one account, i.e., one account per each domain in its possession. Duplicating accounts for the same domain is strictly prohibited. 

4.6.1. With regard to point 4.6 above, more than one account per legal entity may be created in order to monetize different domains/content. If an individual performs official duties on the staff of or for a legal entity that has an account on Takedeals, said person shall be prohibited from creating a personal account as an individual to perform their official duties for the legal entity.

4.7. The Users undertakes to familiarize him/herself with and execute the Terms and refer to them during the entire period that the Users uses Takedeals Solutions. The Users agree that if s/he fails to perform this duty, his/her access to Takedeals may be suspended. If Takedeals and a Partner suffer losses caused by the Users’s violation of the Terms, the relevant amount will be deducted from the Users’s account. In the absence of funds on the Users’s account, the Users undertakes to reimburse such losses at the request of Takedeals within 10 (ten) days.

4.8. At the request of Takedeals and the Partner, the Users undertake to check the Traffic Source and provide all requested files, documents, etc. Otherwise, the Users’s access to Takedeals may be blocked, and appropriate sanctions may be applied.

4.9. The Users agree to provide Takedeals with any requested documents necessary to confirm information about the Users.

4.10. The Users is notified of and agrees to Takedeals’s right to pay the Users a reward only after the Partner wires payment for the provided services to Takedeals’s settlement account. In exceptional cases, when the Takedeals make a payment to the Users, but then the Partner rejected and did not pay for the actions, the Takedeals has the right to withhold this amount from the Users’s account in Takedeals or withhold it against future payments.

4.11.  The Users attests that s/he has provided true and complete information at registration. Should this not be the case, Takedeals reserves the right to refuse Users’s use of the platform.

4.12. The Users is not authorized to share his/her access data and/or passwords with third parties. Should third parties gain access to a Users’s Takedeals account or misuse is suspected, the Users is requested to contact Takedeals immediately in order to have the Users’s data changed.

4.13. Users are obliged to refrain from everything that endangers or disturbs the operation and functioning of Takedeals and the prosperous cooperation.

5. Takedeals prohibits the following activities:

5.1. Performing Target Actions by methods or means that violate current law, the Agreement, or the Terms

5.2. Simulating Target Actions by entering knowingly incorrect and/or non-existent data or someone else’s data unbeknownst to their owner when ordering goods or services by any means

5.3. Using advertising methods that force a visitor to perform actions by deception, blackmail, or any other actions that violate the visitor’s freedom of choice

5.4. Using the data of a Partner or a third party protected by a registered trademark, copyright, other legally registered rights of the holder for purposes other than those stated in these Terms. If the Users uses a Partner’s trademark(s) and/or Takedeals Solution(s) for purposes other than those specified in this Agreement, the Users is fully liable for such placements in accordance with applicable law and undertakes to independently resolve all arising claims and/or disputes, including judicial ones, to settle all other disputable situations, including with state authorities and third parties (e.g., Partners).

5.5. Using promotional materials, including a Partner’s wordmark, to promote the website of another Partner.

5.6. Using any cookie stuffing technology and/or types of cookie stuffing (cookie dropping). It is prohibited to use scripts that set cookies of websites that the user did not visit in the user’s browser. It is also prohibited to rearrange, substitute, or overwrite the user’s cookies with others that do not belong to the websites that the user visited, as well as to substitute cookies using pop-ups, iframe, or by inserting the URL of a third-party page as a picture on an existing website.

5.7. Registering and/or using domains similar to that of the Brands’ or the Merchants’ website(s) for promotion

5.8. Using the registered Source with a specific declared traffic source for attracting a different type of traffic

5.9. Deleting an account in which the Users has a negative balance and/or debt to Takedeals

5.10. Offending common decency, making statements, or choosing a particular username that violates the religious feelings of others or are racist or discriminatory

5.11. Using Sources not owned by the Users

5.12. Using, posting, publishing, and/or linking to any insulting or defamatory content on any third-party website, whether such content affects other participants or other persons or companies.

5.13. Using, posting, or publishing content that is political, immoral, pornographic, morally reprehensible, offensive, violent, violence glorifying, sexist, and/or right-wing or left-wing extremist content or content that violates laws, in particular youth protection laws, and the Interstate Treaty on the Protection of Minors in the Media. It is also prohibited to link to corresponding material on a third-party website or to advertise, offer, or distribute pornographic products or products that violate laws, in particular youth protection laws. 

5.14. Publishing, reproducing, making publicly available, and/or distributing content protected by law (e.g., by copyright, trademark, patent, design, and/or utility model law) without being entitled to do so.

5.15. If there are indications of violations of these Terms, Takedeals is entitled to delete the Users’s account and block him/her from any further use of the Takedeals platform. In addition, Takedeals reserves the right not to pay out any remuneration achieved prior to the deletion of the Users’s account, as well as to report possible fraud.

5.16. With regard to Takedeals employees and employees of all Takedeals-affiliated companies only, registering as Users for the duration of their employment period.

5.17. If the violations described above are detected, the Users’s account shall be immediately blocked, and all earnings earned as a result of a violation(s) shall be transferred to the Partner. The Users shall be notified of the decision by the Takedeals’s administration. After the Users’s account has been blocked, s/he will be unable to create another one.

6. Payment for the Users’s Services

6.1. The Users shall receive from Takedeals a reward that directly depends on the success of his/her advertising campaigns.

6.2. In each individual case, the average reward amount is determined by the type of paid Target Action and the rate set by the Partner for this Target Action that is effective at the time of performing said Target Action. The Partner has the right to change the rates, but the new rates do not apply to Target Actions already performed. The Users may not demand a different rate for his/her Target Action. The minimum withdrawal amount should equal or exceed 20 USD. An amount less than the minimum withdrawal amount will be paid to the Users only if his/her account is deleted.

6.3. Except for the agreed reward, the Users are not entitled to the reimbursement of costs incurred for bank transfers or the use of third-party services or programs not provided by Takedeals, even if these costs are related to their advertising activities within Takedeals.

6.4. The right to receive the reward may be exercised only if all the following conditions are met:

• The Users’s advertising activity led to a Target Action being achieved between the Partner and the end-user
• The Target Action was registered by Takedeals’s tracking means
• The Target Action was authorized for calculation by the Partner and confirmed by Takedeals
• The relevant Partner has paid Takedeals for its services under its agreement with the Partner
• The reward amount equals or exceeds the minimum withdrawal amount
• The Users did not violate the Terms described in clause 5

6.5. Takedeals maintains an internal settlement account for each User that is used to carry out all accrual and payment operations.

6.6. Each Party is solely and individually responsible for the payment and reporting of its own taxes in any jurisdiction concerned. If payments under these Terms are subject to applicable withholding tax, Takedeals shall be entitled to deduct the corresponding tax amount from the User’s reward.

6.7. The Users undertake full responsibility for the payment information provided and confirm that it is true, complete, and accurate. All payments will be made using this payment information. Takedeals is not obligated to take steps to verify the accuracy of payment information provided by the Users.

6.8. The Users shall immediately repay any amount paid to the Users in error or other than in accordance with the Users’s rights under this Agreement.

6.9. If in certain cases the Users receive advance payments from Takedeals at Takedeals’ discretion, for instance when the Partner confirms the relevant Target Actions but prior to making payment to Takedeals for its services as agreed between Takedeals and the Partner, and the Partner subsequently cancels the relevant Target Actions, Takedeals is entitled to withhold the relevant amount for the canceled Target Actions against the existing or future balance in the Users’s account.

7. Timeframe and Termination

7.1. These Terms are concluded for an indefinite period of time and start when the Users creates the account in accordance with clause 1.2.

7.2. The Parties may voluntarily terminate the Terms at any time.

7.3.  Any data transmitted in connection with the registration process as a Takedeals Users can be managed, changed, or deleted by the Users in his/her account. The Users may have his/her Takedeals user account deleted at any time without disclosing the reason(s) by sending an email to data-support@takedeals.com, except as otherwise specified in clause 5.9 hereof.

7.4. Takedeals shall have the right to block a User’s account in the following cases:

The User has violated participating Terms.

7.5. In case of termination due to violations of these Terms by the Users, s/he shall pay the debt (if any) and the penalty specified in these Terms.

7.6. Takedeals shall have the right to delete the User’s account and data from the system in the following cases:

• The User has not logged in to their account for the last 12 months or
• The Uses has not delivered traffic (clicks) towards Takedeals system (via any of the available integrations systems) for the last 12 months.

After a 9 month inactivity period, Takedeals will notify the Users that in case of inactivity and non-use of the account, Takedeals will delete the Users’s account and data in 3 months from the date of notification, and the remaining funds will be written off in favor of Takedeals.

The User agrees and is notified that s/he has no right to restore the account or return the funds, after the expiration of the above Terms and the deletion of the account.

8. Protection of Personal Data 

8.1. Takedeals shall store and process only those data that were specified by the Users in the registration form and in his/her personal account or that were obtained from the Users during his/her participation in Takedeals.

8.2. The Users agree to comply with all laws, rules, policies, and confidentiality provisions effective in the regions where the services are provided.

8.3. The Users undertakes to comply with all laws, including the UAE Data Protection Law (the “PDPL”) and perform the following actions:

• To inform end users about the use of tracking devices, cookie files, and other online identifiers;
• To only transfer data outside of the UAE (if applicable) in accordance with the provisions of the PDPL;
• To receive the consent of end users for placing and collecting cookie files and other online identifiers on their devices and provide the option to refuse or manage the cookie collection on the website;  
• To take appropriate technical and organizational measures against accidental loss and damage of data, as well as illegal processing of personal data.

8.4. The Users undertakes not to take any actions that may lead Takedeals to a breach of the current Data Regulations Law.

8.5. Takedeals and the Users undertake to comply with data protection laws.

Depending on the jurisdiction, the Users may be obliged to inform visitors to his/her website about cookies used on the website, including those placed by Takedeals (“third-party cookies”) and other online identifiers. The Users must explain what cookies s/he and/or third parties set in the user’s browser and for what purposes this information is collected. Also, the Users undertake to obtain preliminary, freely presented, specific and informed, unambiguous, and revocable consent from users before setting any cookies in their browsers. The consent should also apply to the cookies set by Takedeals after performing a certain action (e.g., a click). 

9. Confidentiality

9.1. Each Party undertakes to use the commercial information of the other Party, information about its business affairs and operations, trade secrets, know-how, and source code, or any information specifically marked as confidential, including all mentioned information of the other Party’s counterparty or affiliate (hereinafter the “Confidential Information”) only for the performance of its rights and obligations hereunder. The Parties undertake not to disclose Confidential Information.

9.2. The following information shall not be considered confidential:

Information which is or subsequently became publicly available without infringement of the Agreement by the Receiving Party

Information which was legally obtained from a third party without restriction and without violation of this Agreement, and also without the non-disclosure obligations of the Receiving Party

Information that cannot be designated as Confidential Information in accordance with applicable law

Information published in Takedeals when receiving or providing services in accordance with these Terms

9.3. When deleting the User’s account, Takedeals shall also delete all the Users’s personal data, except for the username and statistics data.

9.4. The provisions of Article 9 shall remain valid for 5 years from the termination of these Terms.

10. Rights to Use Information

10.1. The information obtained during participation in Takedeals is allowed to be used exclusively with Takedeals. Transfer thereof to third parties and use for other purposes are prohibited. 

10.2. Takedeals and the components thereof (products and applications) are protected by the current legislation in the field of copyright and related rights.

10.3. Takedeals provides Users with the temporary, non-exclusive right to use the provided services and applications and the data contained therein exclusively within the framework of participation in Takedeals. In case of termination of the Agreement, this right loses its validity.

10.4. Other ways of using information are prohibited. The Users is STRICTLY PROHIBITED from transferring, either wholly or partially, the rights to use the services, applications, and data granted to them to third parties, provide access to them, modify or otherwise process them, transfer them in other forms, or create their own databases or information services based on them.

10.5. In case of violation of these rights of use, Takedeals reserves the right to use other remedies, except for the termination of the Agreement. If, as the result of violations by the Users, a third party initiates an administrative case or any other lawsuit against Takedeals, all litigation costs and other related costs shall be completely paid by the Users at fault.

11. Liability and Limitations Thereof

11.1. Takedeals shall not be liable for any damage or interference caused by the content of third-party web pages, software errors, or hardware of participants of Takedeals, or for damage caused by insufficient availability or the limited functionality of the Internet.

11.2. According to the applicable regulations, Takedeals shall be liable for intentional and grossly negligent acts. If Takedeals is found to be liable for damage caused by slight negligence according to legal regulations, Takedeals’s liability shall be limited: in this case, Takedeals shall only be liable in the event of a breach of material contractual obligations (these are obligations whose fulfillment is essential for the proper execution of the contract and on whose compliance the Users regularly relies and/or may rely). Furthermore, this liability shall be limited to typical damage foreseeable at the time the contract was concluded.

11.3. The liability under clause 11.2 shall be limited to the compensation of actual damage, which shall be determined by the participants or a court decision.

11.4. The above limitations of liability do not apply in the case of mandatory legal liability and do not limit or exclude Takedeals’s liability in the event of harm to life or health.

11.5. The Users shall indemnify, defend, and hold harmless Takedeals (including its directors, employees, agents, and/or contractors) from and/or against any claims, costs, damages, losses, liabilities, and expenses (including legal fees) relating to any claims, actions, suits, or proceedings by third parties against Takedeals arising out of or related in any way to any culpable breach by the Users of any warranties of these rules, or the Users’s gross negligence or willful misconduct.

12. Changes to these Terms

12.1. Takedeals reserves the right to change the provisions of these Terms at any time. A notification of changes can be sent by email two weeks before their entry into force. Subject to clause 11.2, the Users shall be solely liable for familiarizing him/herself with the updated Terms.

12.2. The use of Takedeals by the Users after changes are made to these Terms indicates the Users’s consent to the changes and willingness to assume the obligations specified in the updated Terms. Disagreement with the changes in the Terms entails the termination of these Terms, as well as the termination of work with Takedeals.

13. Final Provisions

13.1. If certain provisions of these Terms become invalid in whole or in part, the validity of the remaining provisions shall not in any way be affected or impaired. The provision deemed invalid shall be considered replaced by the applicable provision under statutory law. If such a replacement were to constitute an undue hardship , the Terms as a whole would become invalid.

13.2. The rights and obligations resulting from these Terms may be transferred to a third party only with the consent of Takedeals.

13.3. Any dispute arising out of the formation, performance, interpretation, nullification, termination or invalidation of these Terms or arising therefrom or related thereto in any manner whatsoever, shall be settled by the Dubai Courts. 

13.4. It is agreed that these Terms shall be governed by, construed, and enforced in accordance with the laws of UAE without regard to its conflict of laws, rules or principles.