Terms of Use for Advertisers and Agencies

General Terms of Use
Terms of Use for
Advertisers and Agencies
Terms of Use for
Publishers

Effective on October1,2023

The provisions of these Terms of Use shall apply to all advertisers and agencies unless separate services are particularly specified.

1. Obligations of the Advertisers and Agencies

1.1 Obligations of the advertisers and agencies

The obligations of the advertisers and/or agencies (“Advertisers, etc.”) shall be any or all of the following.

1.1.1 Obligation (i): Payment of usage fees: Pay Transaction Fees to FAN.
1.1.2 Obligation (ii): Provision of advertisement contents, etc.: Provide FAN with advertisement contents and other information necessary for distribution of advertisements.
1.1.3 Obligation (iii): Setting tags: Set the tags or SDK designated by FAN for the Advertiser’s website and perform the other matters necessary for use of the Services.
1.1.4 Obligation (iv): Management of ID, etc. and setting of the Dashboard: Manage the IDs and passwords, set the matters designated by FAN, including the budget on the Dashboard.
1.1.5 Obligation (v): Obligations after the terminating use of the services: Delete the descriptions and display of the use of Services after terminating use of the Services.
1.1.6 Obligation (vi): Obligation to change the registered information: Promptly notify FAN in the case of a change to the address stated in the application, official address, company name, representative, and other details stated in the application.
*If failure by the Advertisers, etc., to report a change results in a notice or document from FAN not being delivered or being delivered late, such shall be deemed to have been delivered at the time when such is normally delivered.
1.1.7 Obligation (vii): Inclusion clause: Other matters set forth in the Agreement.

2. FAN’s Obligations

2.1 Operations by FAN: FAN shall conduct the operations necessary for the Services applied for by the Advertisers, etc., and the provision thereof (including operations necessary for operating, maintaining, and managing the facilities and the databases, such as those for ad contents, etc.).

3. Payment of Transaction Fees by Advertisers, etc.

3.1 Flow of invoicing

FAN shall calculate the Transaction Fees (in the case of an Agency, the amount after deducting the Agency commission from Transaction Fees) in accordance with the descriptions in the application form (in the case of an Agency, the Agency application form) and invoice the Advertisers, etc.
*Agency commission: Consideration for conducting the operations necessary for sales promotion and provision of the Services, communication between FAN and the Advertiser, and maintaining the relationship with the Advertiser, and the like.

3.2 Calculation of the Transaction Fees

The Transaction Fees payable to FAN by the Advertisers, etc., shall be calculated based on the Transactions at the Publisher that distributes the advertisement and in accordance with the items below and the application form, registration screen, etc. separately designated by FAN.

A8.net Transaction Terms: Advertisers, etc., who use A8.net (“A8.net Advertisers”) must submit the Program usage term and Transaction Terms (pay per sales, pay per lead , pay per click, or combination thereof) prior to commencement of the Program using the method designated by FAN. The Advertiser must, when setting up the Program, appropriately operate (including but not limited to Transaction Approval and other matters) the Program at its own responsibility, and ensure the validity of the Transactions that have occurred can be confirmed, including setting an appropriate length of Transaction Approval period and specifically indicating the Transaction Terms.
seedApp Transaction Terms: Advertisers, etc., who use seedApp (“seedApp Advertisers”) must, in addition to the application for the Program, choose the ad contents, etc. distribution method from pay per sales, pay per click, pay per installation , or combination thereof on the Dashboard. Also, seedApp Advertisers must determine the ad contents, etc. distribution period, the launch of the Advertiser’s application after clicking or/and installing, and the unit price (excluding consumption tax).
nend Transaction Terms: For Advertisers, etc., who use nend (“nend Advertisers”), pay per click Transaction Terms shall apply. nend Advertisers must determine the ad contents, etc. distribution period, click unit price (excluding consumption tax), and input and set the details on the Dashboard.

For A8.net Advertisers: A8.net Advertisers agree that following matters may apply.
Start of the Program: The start time of the individual Programs shall be the point in time when the details of the Program submitted by the Advertiser pass the screening by FAN, and notification is sent to the Advertiser after registration.
Approval of Publisher: A8.net Advertisers may, through the Dashboard provided by FAN, request that Publishers who want to participate in the promotion of the Program perform such promotion (“Partnership”).
Cancellation of Approval of Publisher: A8.net Advertisers agree that in addition to cancellation of the Approval of Publisher by themselves, the Partnership may be canceled without prior notice by the Publisher participating in the Program or FAN.
Suspension of the Program: A8.net Advertisers may suspend the A8.net Program by making a request to FAN in writing or by email, etc. two weeks in advance.
Principle of Transaction Approval by Advertisers, etc.: A8.net Advertisers must perform Transaction Approval (as defined in the General Terms of Use; the same shall apply hereinafter) at their own responsibility, excluding the following cases. Transaction Approval includes confirmation of whether or not the predetermined Transaction Terms are met.
Exception from Transaction Approval (i): When approval is not necessary: In the following cases, Transaction Approval by A8.net Advertisers is not required.
■ The Transaction Term is the pay per click
■ A Publisher agrees to allow FAN perform the Transaction Approval operation
Exception from Transaction Approval (ii): Automatic Transaction Approval: When A8.net Advertisers fail to perform the Transaction Approval within the Transaction Approval period, the Transaction shall be automatically approved and confirmed as an official Transaction.
Exception from Transaction Approval (iii): Handling when Transactions are not reflected: Even when the Transactions of A8.net Advertisers are not reflected for some reason, if the A8.net Advertisers, are provided with information by FAN or the Publishers that is sufficient to identify the Transactions, Advertisers must perform Transaction Approval using the provided information as Transactions.
Principle of the Transaction Approval period: Transaction Approval by A8.net Advertisers must be made within 30 days from the day on which the Transaction occurs (“Transaction Approval Period”).
Exception from Transaction Approval Period: Approval from FAN: A8.net Advertisers may change the Transaction Approval Period on condition of Approval from FAN and notification to Publishers.
Handling of withdrawal and revocation of Transaction Approval: After Transaction Approval, A8.net Advertisers may not withdraw or revoke the Transaction Approval for any reason, including the existence of a fraudulent act.
Principle of the timing when payment obligation arises: Based on the Transaction Approval (including Automatic Transaction Approval), A8.net Advertisers shall be obligated to pay the Commission to FAN for the Transaction.
Exception to the timing when payment obligation arises (i): In case the service is contracted to FAN: In case FAN is contracted to perform the Transaction Approval on behalf of the A8.net Advertisers, the approval of the results of the Transaction shall be deemed to have been made by A8.net Advertiser after three business days (at the end of business hours) counting on the said following the day of Transaction Approval on behalf of the A8.net Advertisers. However, this shall not apply if the A8.net Advertisers file an obligation to the results of the approval against FAN within the business hours during these three business days. In this case, the handling of the Transaction results shall be resolved following discussion with FAN.
Exception to the timing when payment obligation arises (ii): Pay per click and when Transaction Approval is not necessary: Of the Commission Terms, in the case of the pay per click or when Transaction Approval is not necessary, at the point in time when the Transaction occurs, the individual Transaction shall be confirmed and A8.net Advertisers shall be obligated to pay the Commission. Regarding the number of clicks in the case of pay per click, unless FAN determines that clicks should be excluded, such as when there was obviously an error in the calculation or technology, the number of clicks included in the tracking report created by FAN shall be the correct number of clicks.
Handling of fraud, etc.: If a Publisher engages in fraud or is expelled, such shall be handled as follows based on whether such occurs before or after the Transaction Approval by A8.net Advertisers.
■ Before Transaction Approval: No payment obligation arises for the A8.net Advertisers.
■ After Transaction Approval: In the case payment has not been made, A8.net Advertisers shall be obligated to pay. If payment has already been made, no obligation to return the payment to A8.net Advertisers shall be required.
Management of Transactions: A8.net Advertisers must, at its own responsibility, access the Dashboard and strive to confirm and manage the data concerning the Transactions, such as fraudulent acts by Publishers, and if there is a suspicion about the Transaction data, the A8.net Advertisers must immediately report it to FAN. Any damage or other trouble resulting from the A8.net Advertisers’ failure to perform such management shall be resolved at the responsibility and expense of the Advertiser.
Storage of records concerning Transaction Approval: A8.net Advertisers shall store the materials, records, etc., that form the basis of Transaction Approval.
Handling of false or fraudulent Transaction Approval: If a false or fraudulent Transaction Approval by an A8.net Advertisers is suspected, FAN may investigate if there has been any falsification or fraud, such as by requiring the A8.net Advertisers to disclose the materials and records that form the basis of Transaction Approval. If a false or fraudulent Transaction Approval is confirmed to exist as a result of this investigation, FAN may claim against the A8.net Advertisers an amount equivalent to the expenses required for the investigation, including as personnel expenses and transportation expenses, expert expenses and lawyer fees, and the Transaction Fee as a penalty.
Payment of the system usage fee: A8.net Advertisers shall pay, as a fixed cost, the consideration for the use of A8.net system itself every month, in addition to the Transaction Fees that arise based on the Transactions. Also, the amount of the system usage fee shall be determined in advance through discussions between the A8.net Advertisers and FAN.
Cancellation: Notwithstanding the provisions of the General Terms of Use, A8.net Advertisers may, by making a request for termination in writing or by email, etc., to FAN, end the agreement at the end of the month following the month in which cancellation is requested. Transaction Approval for the Transactions that occurred by the cancellation date must be performed during the period A8.net Advertisers can log into the Dashboard after the cancellation date. The obligation to pay the Commission for the Transactions that received Transaction Approval shall not cease to exist even in the event of the cancellation of the agreement.
Pro-rata basis calculation: The system usage fee shall be calculated on a prorated basis if the usage period is less than one month.
For seedApp Advertisers: seedApp Advertisers agree that the following matters may apply to them.
Measurement of pay per click and pay per installation Transactions: For the measurement of seedApp pay per click or pay per installation Transactions, the measured figures (number of clicks, number of Advertiser’s app launches after installation) obtained using FAN’s measurement method shall be used. However, this shall not apply when FAN determines that clicks should be excluded from the effective measurement figures, such as when there was obviously an error in the calculation or technology, and seedApp Advertisers and FAN shall resolve the issue through discussion.
Pay per Sales Transaction Approval: Transaction Approval for seedApp pay per sales Transactions must be made by seedApp Advertisers within 30 days from the day on which the Transaction occurs. For other matters concerning Transaction Approval, the following provisions applicable to seedApp Advertisers shall apply with the necessary changes.
Start of the Program: The start time of the individual Programs shall be the point in time when the details of the Program submitted by the Advertiser pass the screening by FAN and notification is sent to the Advertiser after registration.
Approval of Publisher: seedApp Advertisers may, through the Dashboard provided by FAN, request that Publishers that want to participate in the promotion of the Program perform such promotion (“Partnership”).
Cancellation of Approval of Publisher: seedApp Advertisers agree that in addition to cancellation of the Approval of Publisher by the Advertisers, the Partnership may be cancelled without prior notice by the Publisher or FAN participating in the Program or FAN.
Principle of Transaction Approval by seedApp Advertisers: seedApp Advertisers must perform Transaction Approval (as defined in the General Terms of Use; the same shall apply hereinafter) at their own responsibility excluding the following cases.
Exception from Transaction Approval (i): When approval is not necessary: In the following cases, Transaction Approval by seedApp Advertisers is not required.
■ The Transaction Term is the pay per click
■ A Publisher agrees to allow FAN perform the Transaction Approval operation
■ FAN determines Transaction Approval is not necessary on the website
Exception from Transaction Approval (ii): Automatic Transaction Approval: When seedApp Advertisers fail to perform the Transaction Approval within the Transaction Approval period, the Transaction shall be automatically approved and confirmed as an official Transaction.
Exception from Transaction Approval (iii): Handling when Transactions are not reflected: Even when the Transactions of seedApp Advertisers are not reflected for some reason, if the Advertisers are provided with information by FAN or Publishers that is sufficient to identify the Transactions, seedApp Advertisers must perform the Transaction Approval using the provided information as Transactions.
Principle of the Transaction Approval period: Transaction Approval by seedApp Advertisers must be made within 30 days from the day on which the Transaction occurs (“Transaction Approval Period”).
Exception from Transaction Approval Period: Approval from FAN: seedApp Advertisers may change the Transaction Approval Period on condition of Approval from FAN and notification to Publishers.
Handling of withdrawal or revocation of Transaction Approval: After Transaction Approval, seedApp Advertisers may not withdraw or revoke the Transaction Approval for any reason, including the existence of a fraudulent act.
Principle of the timing when payment obligation arises: Based on the Transaction Approval (including Automatic Transaction Approval), seedApp Advertisers shall be obligated to pay the Commission to FAN for the Transaction.
Exception to the timing when payment obligation arises (i): In the case the service is contracted to FAN: In case FAN is contracted to perform the Transaction Approval on behalf of the seedApp Advertisers, the approval of the results of the Transaction shall be deemed to have been made by the seedApp Advertiser after three business days (at the end of business hours) counting on the said following the day of Transaction Approval on behalf of the seedApp Advertisers. However, this shall not apply if the seedApp Advertisers file an obligation to the results of the approval against FAN within the business hours during these three business days. In this case, the handling of the Transaction results shall be resolved following discussion with FAN.
Exception to the timing when payment obligation arises (ii): Pay per click and when Transaction Approval is not necessary: Of the Commission Terms, in the case of the pay per click or when Transaction Approval is not necessary, at the point in time when the Transaction occurs, the individual Transaction shall be confirmed, and seedApp Advertisers shall be obligated to pay the Commission. Regarding the number of clicks in the case of pay per click, unless FAN determines that clicks should be excluded, such as when there was obviously an error in the calculation or technology, the number of clicks included in the tracking report created by FAN shall be the correct number of clicks.
Handling of fraud, etc.: If a Publisher engages in fraud or is expelled, such shall be handled as follows based on whether such occurs before or after the Transaction Approval by seedApp Advertisers.
■ Before Transaction Approval: No payment obligation arises for the seedApp Advertisers.
■ After Transaction Approval: In case payment has not been made, seedApp Advertisers shall be obligated to pay. If payment has already been made, no obligation to return the payment to seedApp Advertisers shall be required.
Management of Transactions: seedApp Advertisers must, at its own responsibility, access the Dashboard and strive to confirm and manage the data concerning the Transactions, such as fraudulent acts by Publishers, and if there is a suspicion about the Transaction data, the seedApp Advertisers must immediately report it to FAN.
Storage of records concerning Transaction Approval: seedApp Advertisers shall store the materials and records that form the basis of Transaction Approval.
Handling of false or fraudulent Transaction Approval: If false or fraudulent Transaction Approval by a seedApp Advertisers is suspected, FAN may investigate if there has been any falsification or fraud, such as by requiring the seedApp Advertisers to disclose the materials and records that form the basis of Transaction Approval. If false or fraudulent Transaction Approval is confirmed to exist as a result of this investigation, FAN may claim against the seedApp Advertisers an amount equivalent to the expenses required for the investigation, including as personnel expenses and transportation expenses, expert expenses and lawyer fees, and the Transaction Fee as a penalty.
For nend Advertisers: nend Advertisers agree that following matters may apply to them.
Measurement of nend Transactions: For measuring nend Transactions, the measured figure (number of clicks) obtained using FAN’s measurement method shall be used. However, this shall not apply when FAN determines that clicks should be excluded from effective measurement figures, such as when there was obviously an error in the calculation or technology, and nend Advertisers and FAN shall solve such through discussions. The Cost Per Install (CPI) figure shall only be a general target and indicator and shall not impose a legal or contractual responsibility on FAN.
Management of the number of clicks by nend Advertisers: nend Advertisers shall, at its own responsibility, access the Dashboard and manage the data concerning the number of clicks, and if a fraudulent act by Publishers is found, the nend Advertisers shall immediately notify FAN.
In the case the service is contracted to FAN: Regarding the determination and setting of advertisement distribution terms (click or bid unit price, selection of distribution recipients, and setting the distribution period, etc.), budget management, and other advertisement distribution services, when nend Advertisers request that FAN perform the services free of charge, FAN shall do so only on condition that nend Advertisers shall be solely responsible for these services, and FAN shall be exempted from any responsibility.

3.3 Payment terms

Advertisers, etc., shall pay the Transaction Fee in accordance with the invoice from FAN. The account shall be closed at the end of every month, and the payment shall be made by the end of the following month by bank transfer to the bank account designated by FAN. However, if the Advertisers, etc., and FAN separately agree to different terms, such terms shall be followed.

3.4 Share of bank transfer fees

Bank transfer fee and other expenses required for payment of the Transaction Fee shall be borne by the Advertisers, etc., the obligor, as expenses required for payment.

3.5 Pro-rata basis calculation

The system usage fee shall be calculated on a prorated basis if the usage period is less than one month.

4. Setting up and Management of a Tracking Method

4.1 Setting of tracking by Advertisers, etc.: Advertisers, etc., shall, at their own expense and responsibility, set up a Tracking Method on the Advertiser’s Website (in order to identify the occurrence of the actions that form the basis of Commission) and manage the system so that there are no erroneous settings or other failures in the system that shall result in a miscalculation of the Transaction results. In the event damage or other trouble occurs as a result of failure to perform this management, such shall be resolved at the expense and responsibility of the Advertiser.
4.2 Payment of fees for tracking tests: If a tracking test is conducted using the means of settlement in FAN’s name on the Advertiser’s Website, the Advertiser, etc. shall cancel the application for the use of the test promptly upon completion of the test. In addition, if FAN bears the fees for the use of the test as a result of the failure to cancel, the Advertiser, etc. shall repay such fees to FAN. Any charges required for repayment shall be borne by the Advertiser, etc.

5. Prohibited Matters for Advertisers, etc.

5.1 Prohibited matters for Advertisers, etc.

Advertisers, etc., may not engage in any of the following unless permission is specially obtained from FAN.

5.1.1 Improper media management: Operation of Advertiser’s Website that is deemed improper by FAN, including but not limited to the following.
■ Adult website
■ Website displaying adult banners
■ Website promoting violence or abuse
■ Website promoting racial discrimination
■ Website that violates laws and regulations (Act on Quality, Efficacy and Safety of Products Including Pharmaceuticals and Medical Devices, Financial Instruments and Exchange Act, Act against Unjustifiable Premiums and Misleading Presentations, Act on Regulation on Soliciting Children by Using Opposite Sex Introducing Service on Internet, Act on Regulation and Punishment of Acts Relating to Child Prostitution and Child Pornography, and the Protection of Children, and other laws)
■ Website that is contrary to public order and morality
5.1.2 False information: Provide false information to FAN.
5.1.3 Age requirements of the person in charge: Designate a person under the age of 18 as the person in charge in cases other than a corporation.
5.1.4 Solicitation of Publishers: Solicit Publishers to a service similar to the Service or other service (including contacting and any similar acts conducted with the aim of solicitation). This clause shall be effective for two years after the termination of the Terms of Use, etc.
5.1.5 Prohibition on the use of information for unintended purposes and competition: Without prior written consent from FAN, regardless of the reason, use the Publisher’s and other information as well as know-how and the like obtained through the use of the Services for any purposes other than the use of the Services (including but not limited to the operation of systems and services similar to or competing against the Services).This clause shall be effective for two years after the termination of the Terms of Use, etc.
5.1.6 Infringement of rights: Act that infringes another person’s patent right, utility model right, design right, trademark right, copyright, portrait right, and other legal rights.
5.1.7 Wrongful use of contents: Use the contents despite knowing or being likely to know that there is an issue in relation to the copyright or other intellectual property rights.
5.1.8 Operation of an improper app: Violate the terms, regulations, or conditions set forth in the operation system for launching the app, or operate and provide an app that is not permitted by the operation system provider.
5.1.9 Violation of the Terms of Use, etc.: Matters that violate the Terms of Use, etc. (including acts that are likely to violate the Terms of Use).
5.1.10 Basket clause: Other inappropriate matters related to use of Services in light of social norms.

5.2 Management of Advertisers handled by an Agency

In the case of an Agency, in addition to complying with the prohibited matters set forth through the preceding paragraph, the Agency shall cause the Advertiser it handles to comply with the obligations. Also, the Agency that uses the Services on behalf of the Advertiser with an ID, etc. assigned by the Advertiser shall solve any claims for damage compensation and other claims made by the Advertiser or third party at its own expense and responsibility.

6. Ownership and Usage Methods of Rights

6.1 Ownership of rights: The rights concerning the contents, technology, and all images (including banners and trademarks, hereinafter “Contents”) that provided by FAN or Advertisers, etc., when using the Services shall belong to the original right holder and shall not transfer to Advertisers, etc.
6.2 Scope of use of Contents: Parties who receive the provision of Contents (“Recipients”) shall be permitted to use the Contents within the scope necessary for use of the Services on condition that no alteration or change is made to the Contents without prior written approval from the right holder.
6.3 Withdrawal of the right to use Contents: Providers of the Contents (“Providers”) may, at any time, immediately suspend or stop the use or withdraw the right to use Contents.
6.4 Resolution of disputes concerning rights: Complaints, problems, and disputes with a third party concerning the Contents shall be resolved with the Provider. The Recipient shall, upon request from the Provider, strive to cooperate with the resolution of the dispute.

7. Settlement

7.1 Specific settlement details

Advertisers, etc., must, when agreement with FAN ends, pay the following expenses that occurred by the day on which the agreement ends.
■ Transaction Fees (including Commissions that are still undetermined as of the end of the agreement)
■ Fees
■ Usage fees for various optional services
■ Other unpaid expenses (expenses set forth for each service or by Agreement, such as the fixed cost payable to the Publisher, A8.net system usage fee)

7.2 Transaction Approval by Advertisers (principle)

Regarding the Commission to be settled by the Advertisers, etc., excluding the following cases, the Advertisers, etc., must perform the Transaction Approval within 30 days after the end of the agreement with FAN.

7.2.1 Transaction Approval for Commission by FAN (i): After passage of 30 days from the end of the agreement or the end of the period separately set forth by FAN, FAN may confirm or cancel the Transaction Approval on behalf of the Advertiser.
7.2.2 Transaction Approval for Commission by FAN (ii): In case the agreement is terminated or temporarily suspended for a reason attributable to the Advertisers, etc., or FAN determines that a reason for agreement termination is likely to occur, FAN may immediately confirm or cancel the Transaction Approval on behalf of the Advertisers, etc.

Terms of Use for Advertisers and Agencies

Terms of Use for Advertisers and Agencies