Post-Sharing Ad Publisher Agreement

Post-Sharing Ad Publisher Agreement

Please read these terms carefully. They govern your use of the beta version of the After-Share service.

By either (1) clicking the “Get the Code” button for the After-Share service and/or by (2) installing and using the After-Share service, you signify that you agree to these terms.

If you do not agree, you may not download, use, or test the After-Share service.

1. ABOUT THESE TERMS

These terms (the “Terms”) serve as an agreement between you, the user of the After-Share service (the “Service”), whether you are an individual or entity, and WeShare (“we” or “us”). The After-Share service is a proprietary web-based technology that may be used on publisher websites. We may change the Terms from time to time. If we make changes, we will make an updated copy available for your review. Your continuing use of the Service after we have posted or notified you about our changes signifies your agreement to the new terms. If you do not agree to the changes, please discontinue your use of the Service.

2. ABOUT THE SERVICE

The Service provides a platform for publishers to offer their users:

  • Content-sharing capabilities,
  • Advertisement delivery, and
  • Website performance analysis.

During the beta test phase, publishers may have the option to:

  1. Test and use the Service without any advertising components,
  2. Test and use the Service with third-party advertising networks,
  3. Test and use the Service in combination with advertisements provided by us and third-party advertisements, or
  4. Test and use the Service with advertisements delivered by us.

3. BETA VERSION

The Service includes prerelease code and functionality, which are not at the level of performance or compatibility of a final, commercially available product. The Service may not operate correctly and may be substantially modified before any commercial launch, if any. We provide the Service “AS IS” without warranty of any kind. You assume all risk in testing the Service, and we shall not be liable to you regarding your use or inability to use the Service. We may modify, suspend, or stop the Service at any time for any reason. We have no obligation to continue providing the Service, or to provide a commercial version of the Service.

4. ADVERTISING SERVICES

During the beta test phase, we may (but have no obligation to) offer a program in which we sell and deliver advertisements via the Service to publisher sites. We may select, in our sole discretion, which publishers will participate in any such pilot program. The terms of such an advertising program, including any revenue distribution, will be provided in a separate, written addendum agreed to by us and the applicable publishers. We have no obligation to make the advertising program available to you or any other publisher, and we may discontinue offering any advertising services at any time. If you use a third-party advertising network, you agree that you are solely responsible for abiding by that third party’s terms.

5. QUALIFICATIONS

To qualify for the Service, you must:

  1. Be an individual or business entity legally capable of entering into contracts.
  2. Be a WeShare publisher and agree that the terms of the WeShare Publisher Agreement [insert hyperlink] are binding on you.
  3. Register with us and provide accurate and complete registration information, updating it as necessary.
  4. If selected to participate in our advertising program, enroll and meet the requirements under Section 6 below.
  5. Be in compliance at all times with these Terms.
  6. Use only the code and applications provided by us.
  7. Ensure that your website(s) comply with these Terms and with applicable law.
  8. If selected to participate in our pilot advertising program, enroll in that program and agree to the terms of any separate advertising addendum required by us.

6. THIRD-PARTY ADVERTISERS

You understand and agree that we have no liability to you for any advertising fees if you choose not to offer advertising through the Service or if you use a third-party advertising service. All rights and obligations regarding such arrangements are between you and the applicable advertising service.

7. OPERATIONS

You must use only the applications we provide to access and use the Service. If you enroll in our advertising program, you authorize us to serve advertisements through the applications associated with your account. You agree to allow our applications to send us information each time an application is launched, including data to track impressions, click-throughs, or other user metrics from any advertising unit served by us. We may update and rotate advertising units as frequently as we determine in our sole discretion.

8. RESPONSIBILITIES

You are responsible for obtaining, at your own expense, all equipment, internet access, and connections needed to use the Service. You are responsible for logging in and checking the status of your account periodically and for processing any payments you are entitled to under these Terms; in no event shall you log in less than once every 365 consecutive days.

9. RESTRICTIONS

You or anyone using the Service through your account may not:

  1. Modify, filter, or obscure any portion of the Service or any advertising units.
  2. Directly or indirectly use, cause, encourage, authorize, or enable any automated or manual means to generate click-throughs on advertising units to increase any payment due.
  3. Violate these Terms.
  4. Violate the rights of others.
  5. Remove or alter any trademark, logo, copyright, or other proprietary notices, legends, symbols, or labels from any advertising unit supplied by us.
  6. Encumber, sell, rent, lease, sublicense, or otherwise transfer rights to the Service.
  7. Facilitate illegal activities of any type with the use of the Service.
  8. Use the Service in connection with sites that include or distribute pornography, online gambling, regulated activities without appropriate licenses, sex lines, solicitation of minors, misleading or deceptive practices, or any other activity that we determine is inappropriate.
  9. Use the Service in any way that disparages or devalues our reputation or goodwill, as determined in our sole discretion.
  10. Cause damage to or interfere with the proper functioning of the Service or our networks.
  11. Attempt to gain unauthorized access to our Service, user accounts, computer systems, or networks by hacking, password mining, or any other means.

We may take technical or other remedies to prevent or address violations of this provision and enforce these Terms. We may suspend or terminate your participation in the Service without notice if we detect a spike in queries or click-throughs that suggests abuse or fraudulent activity.

10. USAGE DATA

By accessing and using the Service, you agree that we may collect data related to how end users interact with the Service. You grant us a non-exclusive, perpetual, worldwide, irrevocable right and license to collect, use, create derivative works from, and disclose any data derived from the Service in accordance with our Privacy Policy.

Our servers also record information when the advertising units invoke our servers, which may include (without limitation) URLs, IP addresses, browser types, access times/dates, and information about your account. We may use this information to provide the advertising program to you, to provide reporting to advertisers, to improve the Service’s performance, and to deliver the services you or end users have requested.

11. PROPRIETARY RIGHTS

Title, ownership rights, and intellectual property rights in the Service and all other materials offered through the Service remain with us, our licensors, and/or other providers (collectively “IP Rights”). These IP Rights are protected by copyright, patent, trade secret, and other intellectual property laws. You shall not take any action to jeopardize, limit, or interfere with these IP Rights. You acknowledge that you obtain no intellectual property rights or licenses under these Terms except those expressly granted here, and you may not resell, modify, or create derivative works of the Service.

12. LICENSE

Subject to these Terms, you are authorized to use the Service, including displaying the After-Share service and any advertising units exactly as provided by us. This license is non-exclusive and revocable. You may not assign, transfer, or sublicense this right to any other person or entity. You shall not distribute any advertising units or code provided by us except as expressly authorized by us. We and our licensors reserve all rights not expressly granted to you.

13. PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

We respect the intellectual property of others. If you believe that your work has been copied and is accessible on the Service in a way that constitutes copyright infringement, please follow the instructions on how to contact us to report possible copyright infringement.

14. THIRD-PARTY SITES

The Service may include links to third-party websites. These links do not mean that we endorse these third-party sites or their services. You acknowledge and agree that we are not responsible or liable for any materials on these third-party sites.

15. RIGHT TO INVESTIGATE; RIGHT TO AUDIT

We have the right, in our discretion, to investigate, audit, or monitor any activity or conduct we believe violates these Terms or is otherwise unlawful, and to take any action we deem appropriate.

16. FEEDBACK

We may give you the opportunity to submit comments, suggestions, and feedback regarding your use of the Service. In the absence of any separate agreement, you agree that we are free to use any feedback you provide, without compensation to you, for any purpose.

17. TAXES

You are responsible for all taxes and governmental fees of any kind that may arise out of any income you derive from your participation in the Service.

18. COMPLIANCE WITH LAW

Recognizing the global nature of the internet, you agree to comply with all laws in your country and jurisdiction when you participate in the Service, including, without limitation, any laws governing the transmission of technical data exported from the country in which you reside and any laws or regulations relating to payment of fees or taxes.

19. DISCLAIMER

WE OFFER AND PROVIDE THE SERVICE “AS IS” AND WITH ALL FAULTS. WE DISCLAIM ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING ANY WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, NON-INFRINGEMENT, OR ACCURACY. WE DO NOT AND CANNOT PROMISE THAT THE SERVICE IS (A) FREE OF DEFECTS, (B) WILL WORK WITH THIRD-PARTY ADVERTISERS OR APPLICATIONS, (C) WILL BE AVAILABLE AT ALL TIMES, OR (D) WILL MEET YOUR REQUIREMENTS. WE MAKE NO REPRESENTATIONS OR PROMISES ABOUT THE REVENUE YOU MAY EARN FROM THE SERVICE.

20. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER WE NOR OUR PARENT, AFFILIATES, DIRECTORS, EMPLOYEES, DISTRIBUTORS, LICENSORS, SUPPLIERS, ADVERTISERS, AGENTS, OR RESELLERS WILL BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING OUT OF OR IN ANY WAY RELATING TO THESE TERMS OR THE SERVICE, INCLUDING DAMAGES FOR LOSS OF GOODWILL, LOST PROFITS, LOSS OF DATA, OR COMPUTER FAILURE OR MALFUNCTION. YOUR SOLE REMEDY WITH RESPECT TO ANY DISPUTE WITH US IS TO CANCEL YOUR PARTICIPATION IN THE SERVICE.

21. ACKNOWLEDGMENT

The disclaimer of warranty and limitation of damages set forth above are essential elements of the basis of the bargain between you and us. You agree that we could not offer the Service on an economically feasible basis without such limitations.

22. INDEMNITY

You shall indemnify, hold harmless, and, at our request, defend us and/or our licensors, officers, directors, employees, agents, and representatives from and against any and all claims, liabilities, losses, damages, expenses, and costs (including attorneys’ fees) arising out of your breach of any provision under these Terms or your use of the Service (including use by anyone else through your account). We shall give you prompt notice of any such claim, and you and we shall cooperate in defending against such claim, suit, or proceeding, including appeals, negotiations, and any settlement. We must approve any settlement terms, and such approval shall not be unreasonably withheld.

23. TERM, TERMINATION

Except as otherwise provided below, these Terms remain in effect as long as you comply with them. We may suspend or terminate your access to the Service at any time, with or without notice, for any reason or no reason, in our sole discretion.

24. CONFIDENTIALITY

You acknowledge that, while using and accessing the Service, you may obtain or develop information relating to the Service and our beta products (“Confidential Information”), including, but not limited to, product details, technology, algorithms, testing procedures, user interfaces, documentation, problem reports, analysis, performance data, inventions (whether patentable or not), and other technical, business, marketing, and financial information. During and after the beta test, you shall keep this Confidential Information in confidence and shall not use (except as expressly authorized) or disclose it, unless it becomes part of the public domain through no fault of your own.

25. ELECTRONIC NOTICES

YOU AGREE TO TRANSACT WITH US ELECTRONICALLY. Your act of registering and clicking “Get the Code” for the Service constitutes your signature and acceptance of these Terms. WE MAY PROVIDE NOTICES TO YOU ELECTRONICALLY (1) VIA E-MAIL IF YOU HAVE PROVIDED A VALID EMAIL ADDRESS OR (2) BY POSTING THE NOTICE ON A WEBSITE WE DESIGNATE. A notice is effective when sent or posted, regardless of whether you actually read or receive it. You can withdraw your consent to receive notices electronically by discontinuing your use of the Service.

26. INJUNCTIVE RELIEF

Either party may obtain all remedies available at law or in equity for a breach of these Terms, including injunctive relief.

27. NO SUPPORT

We have no obligation to provide support services for the Service, although we may do so at our sole discretion.

28. RELATIONSHIP

Your use of the Service does not create any partnership, joint venture, employment, or agency relationship between you and us. These Terms do not give you any beneficial interest in any agreements we may have with affiliates or third parties.

29. SURVIVAL

Sections 6, 8, 9, and 11 through 30 shall survive the expiration or termination of these Terms.

30. MISCELLANEOUS

  1. Entire Agreement: These Terms constitute the entire agreement between you and us concerning the Service.
  2. Severability: If any part of the Terms is held invalid or unenforceable, that portion shall be construed to reflect the original intent as nearly as possible, and the remaining portions remain in full force and effect, or we may terminate these Terms.
  3. Language: The controlling language of these Terms is English.
  4. Assignment: You may not assign or transfer your rights and obligations under these Terms without our consent; we may assign our rights and obligations under these Terms to any entity.
  5. Successors and Assigns: These Terms inure to the benefit of the parties, their successors, and permitted assigns.
  6. Force Majeure: Neither party will be in default or liable for any delay, failure in performance, or service interruption resulting directly or indirectly from any cause beyond its reasonable control.


Last Updated: February 11, 2025
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