T&C Developer Fund

Effective from: 01.02.2011

This is a translation from German. The German version is considered legally binding.

The participation in the madvertise Developer Fund offers a number of advantages. The following terms are legally binding in addition to the already existent madvertise terms and conditions:

1. The participation in the madvertise Developer Fund means, that a publisher does not only receive the standard revenue share for his ad impressions but will receive 100% of all earnings (exclusive VAT) from madvertise for the ad impressions or clicks generated by the publisher – without deduction of extra costs or revenue by madvertise.
2. madvertise guarantees every participant in the madvertise Developer Fund during the duration of the fund the complete pay out of the agreed revenue between madvertise and the advertiser for the ad impressions or clicks generated by the publisher, also in case the advertiser does not pay; No. 16.2 of the Terms and Conditions are not binding. The preclusion of illegitimate content remains intact.
3. Participation in the madvertise Developer Fund is granted to every madvertise-registered publisher of mobile application and/or mobile websites who: (a) accepts the Terms & Conditions of madvertise, (b) runs the application/mobile Website on own account and operates in its own name and (c) targets its product at customers located within the EU / EEA. Not considered as mobile applications or mobile websites are applications and websites which are designed for the static Internet but can also be reach and presented on mobile devices.
4. The commission payment according to the madvertise Developer Fund payment model only takes place for the first one million ad impressions every application or mobile website generates per month. For every mobile application or mobile website that exceeded the determined limit in one month, from the 1.000.001^st ad impression on the standard madvertise payment model applies. Other mobile applications or mobile website from the publisher that do not exceed the limit of one million ad impressions per month, still take part in the madvertise Developer Fund without any change to the 100% revenue share.
5. The madvertise Developer Fund consists of a volume of 5 million Euros. As soon as madvertise credits the amount to 100 percent according to paragraph 1 to the participating publisher the madvertise Developer Fund will be closed and for all participants the standard payment model applies, without any separate notice of determination. In case the volume of 5 million Euros will not be exhausted by February 29^th 2012 the madvertise Developer Fund will also be closed without any separate notice of determination. No later than with the last payment that is grounded on the conditions of the madvertise Developer Fund, madvertise will send a notice regarding the closing of the fund.
6. The publisher can cancel its participation in the madvertise Developer Fund at any time without prior notice. madvertise can close the madvertise Developer Fund at any time by following a 3 day notice period to the end of a calendar day. Such a termination of the participation in the madvertise Developer Fund by madvertise will be effective the earliest once all remaining volume advertising agreements have ended; the execution of the general payment conditions remain unaffected by other reasons. The termination or exclusion from the fund can be limited to single mobile applications or mobile websites. After the termination/exclusion becomes effective the standard madvertise payment model applies. The right of extraordinary termination and the general rights of termination for the whole contract under the terms of madvertise are not limited by the provisions of this paragraph.