NewsReach.in

ADVERTISING REVENUE SHARING AGREEMENT

I understand and affirm that this Advertising Revenue Sharing Agreement (hereinafter referred to as the “Agreement”) entered into between “I” (which term shall, for the purpose of this Agreement, mean a Reporter/Publisher/individual/natural person, as the case may be, and shall also include “My”/”My”/”You”) and the platform NewsReach (hereinafter referred to as “NewsReach”/”Us”/”We”) shall be effective as on (and from) the date on which I register on NewsReach and agree to be bound by its various legal policies and agreements (which shall include this Agreement) by clicking on the I AGREE button while registering. By clicking the aforementioned button, I understand and agree that this Agreement shall constitute the legally binding terms and conditions for the sharing of the advertising revenue generated and for My earnings in connection with My use of the NewsReach platform and its services. I further understand and affirm that if I am clicking on behalf of a legal entity, I represent and warrant that I have the authority to represent the said entity. I and NewsReach shall collectively be referred to as “Parties” and individually as “Party”.

I hereby understand, and agree to be bound by, the following:

  1. DEFINITIONS:

For the purpose of this Agreement, the following terms shall have the respective meanings as attributed to them hereunder-

  1. “End User” shall mean the ultimate user of the NewsReach platform, irrespective of whether the said user arrived at NewsReach through its partners/affiliates/associates or otherwise;
  2. “Unique Pageview(s)” shall mean Unique Pageview(s) as computed by the tool named “Google Analytics”, that is, it shall mean the aggregate of pageviews that are generated by the same End User during the same session;
  3. “Cost Per Thousand” or “CPM” shall mean the price payable by the advertiser(s) for every thousand (1000) advertisement impressions per webpage on the NewsReach platform;
  4. “Revenue” shall mean that portion of the advertising revenue as generated on the NewsReach platform through My use of the platform such that the term shall be read with Clause 1(e) herein;
  5. “Revenue Share” shall mean that portion of the (advertising) Revenue generated attributable to You such that the term shall be read and computed in relation to Clause 1(d) herein;
  6. “Revenue Share Percentage” shall be the percentage of the Revenue as defined in Clause 1(d) hereto attributable to you and shall be as computed by NewsReach as per the understanding between the Parties.
  1. TERMS AND CONDITIONS FOR SHARING OF ADVERTISING REVENUE:
  1. 1 Computation of the Revenue Share-
    I hereby understand and agree that the Revenue shall be computed at the sole and final discretion of NewsReach on a CPM/CPC basis or such other basis as may be applicable.
  1. 2. Withdrawal of Your Revenue Share-a) I understand and agree that I shall be entitled to withdraw My Revenue Share only upon and/or after generating a minimum amount of INR 2000/- (hereinafter referred to as the “Threshold”) such that the Threshold shall first be displayed on the NewsReach dashboard.

    b) I further acknowledge and accept that the Revenue statistics shall be computed and provided by NewsReach at its sole and final discretion.

    c) It is understood and agreed by Me that upon and/or after the generation of the Threshold, I shall be required to make a withdrawal application by clicking on the applicable icon available on the NewsReach dashboard.

    d) The Parties agree that once a withdrawal application is received by NewsReach, NewsReach shall release the Revenue Share within sixty (60) days of the date of receiving the said withdrawal application.

    e) All payments shall be made in INR and shall be made by bank transfer or any other payment method deemed fit by NewsReach at its sole discretion such that the Parties hereby agree that the bank fee shall be paid individually by each Party.

  1. 3. Taxes and Payment Adjustments-a) I understand and accept that all amounts otherwise due and payable to Me under this Agreement are inclusive of any and all applicable taxes, if any, unless:
    1. otherwise expressly specified herein;
    2. NewsReach has determined that there is a lawful exemption from any tax/taxes or;
    3. NewsReach has remitted such taxes directly to the relevant taxation authority as required by the applicable law of the relevant taxation authority.

    b) I hereby agree that notwithstanding anything else contained herein, if any amounts are required to be withheld by law by NewsReach from the Revenue Share payable to Me under this Agreement, NewsReach:

    1. shall be entitled to withhold and deduct such amounts from any payments owed to Me under this Agreement;
    2. shall pay Me the amount/s determined by NewsReach as owed to Me under this Agreement net of such withholdings. For greater certainty, any amount so withheld or deducted by NewsReach shall discharge NewsReach’s obligation to pay such amount to Me provided that NewsReach has remitted such amount to the authority by law.

    c) If NewsReach reasonably identifies that I have engaged in an invalid activity in breach of the terms and conditions laid down herein or an activity that is illegal as per any of the applicable laws, NewsReach may take such action as it deems fit in its sole and final discretion, including without limitation deduction(s) from the Revenue Share payable.

 

  1. INDEMNIFICATION::

I hereby agree to indemnify NewsReach, defend NewsReach, and hold NewsReach harmless in any and all possible manner, against any and all losses, liabilities, claims, damages, costs, and expenses (including without limitation legal fees and disbursements in connection therewith and interest chargeable thereon), asserted against or incurred by us by virtue of any breach or non-performance of any representation, warranty, covenant, agreement, or obligation to be honoured by Me pursuant to this Agreement.

  1. PLATFORM SECURITY:

I acknowledge and agree that NewsReach may, in its sole and absolute discretion, take such action as it deems reasonably necessary or advisable to maintain platform security, health and economic viability (collectively, “Platform Health”), including, without limitation-

    1. I acknowledge and agree that NewsReach may, in its sole and absolute discretion, take such action as it deems reasonably necessary or advisable to maintain platform security, health and economic viability (collectively, “Platform Health”), including, without limitation-
      1. utilizing third-party anti-fraud software or services; and
      2. reviewing one or more advertising slots and bid response etc.

 

  1. I further acknowledge and agree that NewsReach reserves the right to conduct such evaluations and request such information from Me as NewsReach deems necessary to maintain Platform Health.
  1. TERMINATION:

NewsReach and its content are provided ” As Is” without warranty of any kind, either expressed or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose, or non-infringement. I acknowledge that operation of NewsReach may not be uninterrupted or error free and that NewsReach does not warrant that service descriptions are accurate, reliable, and error-free.

  1. TERMINATION:
  1. I agree that NewsReach absolutely reserves the sole discretion to suspend or terminate My use of NewsReach by reason of My breach any of the terms and conditions herein in any manner whatsoever or of any applicable laws, rules, or regulations or if directed to do so by any appropriate authority.
  2. Upon termination of My use of NewsReach, NewsReach may delete any content or other materials relating to My use of NewsReach and shall not be liable to Me or any third party for doing so.
  1. DISPUTE RESOLUTION:
  1. This Agreement shall be construed according to the laws of the Republic of India.
  2. All differences and disputes arising under or in connection with this Agreement shall governed by the Arbitration and Conciliation Act, 1996 and shall be referred an arbitrator appointed by NewsReach.
  3. The place and seat of arbitration shall be Mumbai and the language of arbitration shall be English.