General Terms and Conditions

All calls should be genuine calls from callers who are interested in the product/service. Calls should be generated only by using the promotional methods allowed in the campaign description (to be found on Goojibear’s dashboard).

Please do not send incent traffic to non-incent offers.

All paid calls are subject to reversal in case of non-compliance with the promotional methods allowed.

If any traffic is deemed fraudulent by Goojibear, we may close your account at our sole discretion and no payment will be made for any revenue shown in the affiliate’s account. Traffic generated via an invalid and/or illegal methods such as SMS spamming or email spamming is not permitted and no leads will be paid in such case.

• Call tracking will be done by Ringba platform (powering Goojibear’s Dashboard)
• User has to call a dedicated number generated through the dashboard
• Qualified conversion is a call that exceeded the minimum duration and met other criteria, as specified on Goojibear’s Dashboard
• Creatives: Will be provided by the advertiser and/or created by Goojibear and/or Goojibear affiliates. Creatives created by the publisher (affiliate) are subject to approval by Goojibear
• The payment is issued based on the Goojibear’s dashboard (powered by Ringba)

 Payment

Payment terms and conditions can be found here:

https://www.goojibear.com/payment-terms/

New Publishers
Due to recent cases of publishers sending fraud calls and calls not in line with our promotional methods, and in order to maintain call quality while allowing new publishers on board, we are introducing a change to our payment terms. This change will apply to new publishers. After 3 months Goojibear will examine each case separately and decide whether to move the publisher to the default payment terms.

The major change is that new publisher will get paid only after the advertiser had paid Goojibear for the respective leads (calls). In this way, publishers who send good quality calls will get paid, while publishers who send fraud calls will not be paid.

Representations and Warranties

Goojibear shall not be held responsible for the commercial results of the Advertiser’s and/or publisher’s advertising campaign. All representations and warranties, expressed or implied, including without limitation, any warranties or merchantability or fitness of Service for a particular purpose, are hereby disclaimed by Goojibear.

Reporting is according to Goojibear’s statistics, as can be observed through Goojibear’s platform, powered by Invoca.

Limitation of Liabilities

Neither party will be responsible or held liable for lost profits or any other consequential, special, indirect or incidental damages, based upon a claim of any type or nature (including, but not limited to, contract, tort, including negligence, warranty or strict liability). Even if advised of the possibility of such damages.

Goojibear does not warrant or represent that the services under this agreement will be provided, without interruptions or shall be error free. Goojibear will not be held liable for damages, losses, costs or liabilities of any kind whatsoever suffered or incurred from system downtime or other failures of the network, or that the network or the services are of satisfactory quality.

The total liability of each party to the other for any breach or claim under this agreement is limited to $10,000 (Ten thousand) USD.

By signing this agreement, The publisher shall indemnify and hold harmless Goojibear, from and against any direct and judicially proven , losses or damages, including without limitation, any  direct and judicially proven  losses or damages  for libel, defamation, violation of rights of privacy, plagiarism, trademarks, copyright infringement, unauthorized content (including text, illustrations, representatives, sketches, maps, labels, or other copyrighted matter) as a result of the unlawful use of the  Creative including a  person’s name or photograph, including without limitation, reasonable attorneys’ fees, costs related to in-house counsel time, court costs and witness fees arising therefrom.

The indemnity obligations of this paragraph are contingent on Goojibear giving immediate written notice of any such claim or suit and Advertiser having sole control over the litigation or settlement of such claim or suit, at Advertiser’s cost. The provisions of this Paragraph shall survive the termination of this Agreement.

 Entire Agreement

This agreement reflects the sole agreement between the Parties relating to the subject matter and supersedes all prior understanding, writing, proposals, representations or communication, whether oral or written of either party. This agreement may only be amended by a written instrument executed by both parties.

 Governing Law

This Agreement shall be governed and construed in all respects in accordance with the laws of Israel and the Parties agree to submit to the exclusive jurisdiction of the Israeli courts.