WINGARDIUM ADS T&C

Website: wingardiumads.com
Email: info@wingardiumads.com

Effective Date: [01-01-2022]

1. Introduction

These Advertising Terms & Conditions (“Terms”) govern the provision of advertising, traffic generation, campaign management, media buying, and related performance marketing services by Wingardium Ads (“Wingardium Ads”, “Publisher”, “we”, “us”, or “our”) to the advertiser or agency purchasing such services (“Advertiser”, “Client”, “you”, or “your”).

These Terms, together with the applicable Insertion Order (“IO”), campaign brief, offer details, pricing agreement, and any written commercial agreement between the parties, constitute the agreement between Wingardium Ads and the Advertiser.

By approving an IO, making a prepayment, or commencing a campaign, the Advertiser agrees to these Terms.

2. Campaign / Insertion Order

Each campaign may be governed by an agreed IO specifying, where applicable:

  • Campaign name and offer
  • Traffic source/type
  • Target GEOs
  • Pricing model and agreed rate
  • Conversion/action definition
  • Expected traffic or conversion volume
  • Campaign duration
  • Tracking requirements
  • Approved creatives, landing pages, and tracking links
  • Payment and prepayment amount
  • Any campaign-specific quality requirements

If there is a conflict between these Terms and a signed IO, the specific terms of the IO will prevail for that campaign.

3. Prepayment & Campaign Balance

3.1. Campaigns may require an advance/prepaid balance before traffic delivery begins.

3.2. The prepaid amount will be used only toward the services, traffic, and approved campaign activity agreed between the parties.

3.3. Wingardium Ads will maintain campaign records and provide reporting showing campaign delivery and applicable spend.

3.4. No additional payment will be required beyond the agreed campaign budget unless separately approved by the Advertiser.

3.5. Any applicable setup, development, tracking, or deployment fees must be disclosed and agreed before campaign launch.

4. Traffic Delivery

4.1. Wingardium Ads will make commercially reasonable efforts to deliver traffic in accordance with the agreed campaign parameters.

4.2. Daily volumes are estimates unless a guaranteed volume is expressly stated in the applicable IO.

4.3. Traffic volume may vary because of GEO availability, advertiser approval, offer performance, conversion rates, platform restrictions, market conditions, or other factors outside Wingardium Ads’ reasonable control.

4.4. Wingardium Ads will not knowingly provide artificially generated traffic, bots, or fraudulent activity.

4.5. If material traffic-quality concerns are identified, both parties will cooperate in reviewing the relevant traffic and campaign data.

5. Traffic Quality & Fraud

Wingardium Ads prohibits:

  • Bot or automated traffic
  • Artificial clicks or conversions
  • Forced or incentivized conversions unless expressly approved
  • Malware or malicious redirects
  • Misleading traffic sources
  • Traffic manipulation intended to artificially increase campaign actions

If fraudulent traffic is reasonably identified and attributable to a traffic source controlled by Wingardium Ads, the affected traffic may be excluded from billing and, where applicable, the corresponding amount may be credited back to the Advertiser.

The Advertiser must provide reasonable evidence and relevant tracking/reporting data when raising a fraud-related dispute.

6. Reporting

Wingardium Ads will provide campaign performance information through agreed reporting methods, which may include:

  • Clicks
  • Conversions/actions
  • Spend
  • Traffic volume
  • GEO
  • Source/sub-source information where available
  • Other agreed campaign KPIs

Reporting discrepancies should be raised promptly after the relevant reporting period so that the parties can investigate and reconcile the data.

7. Advertiser Responsibilities

The Advertiser is responsible for:

  • Providing accurate campaign information
  • Providing functional landing pages and tracking links
  • Supplying compliant creatives
  • Ensuring the promoted product/service is lawful
  • Obtaining all required licenses, permissions, and consents
  • Ensuring that its advertising materials do not infringe third-party rights
  • Providing timely approvals and feedback

Wingardium Ads is not responsible for non-performance caused by incorrect, incomplete, delayed, or technically defective materials supplied by the Advertiser.

8. Campaign Launch & Technical Requirements

The Advertiser must provide valid tracking URLs, creatives, landing pages, conversion tracking, and other required technical materials before launch.

If a creative, tracking link, landing page, or technical implementation is defective or non-functional, Wingardium Ads may pause delivery until the issue is corrected.

Any agreed replacement or alternative creative may be used where reasonably necessary to continue campaign delivery.

9. Unused Prepaid Balance & Refunds

9.1. If the campaign ends and a portion of the prepaid balance remains unused, the Advertiser may request a refund of the eligible unused balance.

9.2. Before processing a refund, Wingardium Ads may reconcile all delivered traffic, conversions, pending reporting, chargebacks, fraud adjustments, and other campaign-related amounts.

9.3. Approved refunds will normally be returned to the original payment method unless otherwise agreed in writing.

9.4. Refund processing may take up to 30 business days following approval and completion of the final campaign reconciliation.

9.5. Any non-refundable setup, deployment, processing, or third-party fees will be clearly communicated to the Advertiser before they are incurred.

10. Under-Delivery

If Wingardium Ads materially under-delivers an expressly guaranteed traffic or conversion commitment stated in the IO, the parties will first attempt to resolve the shortfall through:

  • Additional delivery;
  • Campaign extension;
  • Account credit; or
  • Refund of the corresponding eligible unused amount.

The specific remedy will depend on the agreed campaign model and the circumstances of the under-delivery.

No volume guarantee will apply unless expressly stated in writing in the applicable IO.

11. Campaign Quality Disputes

If the Advertiser believes that delivered traffic materially fails to meet the agreed quality requirements, the Advertiser should notify Wingardium Ads with supporting campaign data.

Wingardium Ads will review the issue and, where appropriate, may:

  • Investigate the relevant traffic source;
  • Remove or restrict the affected source;
  • Exclude verified fraudulent activity;
  • Provide replacement traffic;
  • Issue an account credit; or
  • Refund an eligible amount.

Any remedy will be determined based on the evidence, agreed campaign terms, and actual delivery.

12. Cancellation & Termination

Either party may request cancellation of a campaign subject to the applicable IO.

Wingardium Ads may suspend or terminate a campaign if:

  • Payment is not received as agreed;
  • The Advertiser breaches these Terms;
  • The campaign violates applicable law;
  • The Advertiser provides fraudulent, misleading, malicious, or prohibited content;
  • The campaign creates material technical or security risks; or
  • Continued delivery is reasonably likely to cause harm to Wingardium Ads, its partners, or users.

Upon termination, the campaign account will be reconciled and any eligible unused balance will be handled according to Section 9.

13. Prohibited Activities

The following are prohibited unless expressly approved in writing:

  • Malware or malicious code
  • Phishing or deceptive websites
  • Illegal products or services
  • Fraudulent offers
  • Misleading advertising
  • Copyright or trademark infringement
  • Artificial traffic manipulation
  • Unauthorized incentivized traffic
  • Multiple unrelated offers hidden behind a single approved tracking URL

Wingardium Ads may immediately suspend campaigns involving prohibited activity.

14. Limitation of Liability

To the maximum extent permitted by applicable law, Wingardium Ads will not be liable for indirect, incidental, special, consequential, or loss-of-profit damages arising from a campaign.

Wingardium Ads’ aggregate liability relating to a particular campaign will not exceed the amount actually paid to Wingardium Ads for that campaign, except where such limitation is prohibited by applicable law.

15. Confidentiality

Both parties agree to keep confidential any non-public commercial, technical, financial, campaign, customer, or business information received from the other party.

Confidential information may be disclosed where required by law or to professional advisers and service providers who are bound by appropriate confidentiality obligations.

16. Data Protection

Each party will comply with applicable data protection and privacy laws relating to information processed in connection with the campaign.

The Advertiser is responsible for ensuring that its tracking, lead-generation, and data collection practices have all legally required notices, permissions, and consents.

17. Force Majeure

Wingardium Ads will not be liable for delays or failures caused by circumstances reasonably beyond its control, including platform outages, advertising-network restrictions, regulatory changes, internet failures, payment-provider issues, cyber incidents, or other force majeure events.

The parties will make reasonable efforts to resume campaign delivery as soon as practicable.

18. Changes to Campaign Terms

Any material changes to the campaign, including pricing, GEO, conversion requirements, traffic sources, or volume commitments, should be confirmed in writing by both parties.

Email confirmation will be sufficient unless the parties require a formal amended IO.

19. Governing Law

The governing law and jurisdiction applicable to the agreement will be specified in the relevant IO or master agreement between Wingardium Ads and the Advertiser.

20. Contact

For campaign support, billing questions, reporting issues, or contractual matters:

Wingardium Ads
Email: info@wingardiumads.com
Website: wingardiumads.com

21. Acceptance

By signing the applicable IO, approving campaign terms, making a prepayment, or commencing campaign activity, the Advertiser confirms that it has read, understood, and agreed to these Advertising Terms & Conditions.