adMingle is an effective and targeted online
advertising system which enables third party brand owners (“Advertisers) to
maximise and “amplify” awareness and sales of their products and/or services
via social networks.
The social media users that will publish
advertisements/campaign messages will be referred to as the
The PUBLISHERS registered in the adMingle system
via www.admingle.lk (“the Site”) to post campaign messages on behalf of
Advertisers are subject to these Publisher Terms and Conditions (or any other
terms and conditions agreed in writing with adMingle Sri Lanka) in addition to
will be referred to as PUBLISHER or Party individually and as Parties together
with adMingle/ adMingle Sri Lanka.
1. When the membership request / registration of
the PUBLISHER is approved by adMingle and adMingle Sri Lanka, a password will
be sent to the e-mail address submitted when registering with the site. The
PUBLISHER is responsible for the security of the password and the PUBLISHER
must treat such information as confidential, and must not disclose it to any
2. To ensure advertiser/brand safety, adMingle
Sri Lanka will review PUBLISHERS’ social pages/platforms prior to
offering participation in campaigns. adMingle
Sri Lanka reserves the right to block or deactivate PUBLISHERS who
engaged in offensive and negative activities on their platforms.
3. The PUBLISHER will log in to the Site and
view the campaigns that may be presented to them by adMingle Sri Lanka. The
information presented to the PUBLISHER shall include the trade mark / brand and
product or service which is the subject of the campaign, the content of the
campaign message and the fee offered to the PUBLISHER if they agree to publish
the campaign message on the requested social media site(s) for the required
4. A PUBLISHER who has participated in a campaign will be excluded from future
campaigns of competing brands, for a period for 2 months.
5. The choice of the campaign messages to be
published will be made according to the demands of the Advertisers and the
preferences of adMingle Sri Lanka. In cases where multiple campaign messages
are submitted to the PUBLISHER, the PUBLISHER is free to choose any number of
them however, only one campaign message per a specific campaign for an
Advertiser shall be posted by the PUBLISHER. adMingle Sri Lanka make no
guarantees to the PUBLISHER in relation to the number of campaigns offered to
them and the level of fees that they may achieve.
6. When the PUBLISHER accepts a campaign message
on behalf of an Advertiser, such campaign message must be final approved by the
Advertiser. Once final approved, the PUBLISHER shall post the campaign message
on the social media site(s) requested by the Advertiser and on the date
requested by the Advertiser.
7. The PUBLISHER warrants that it shall only
submit / post the campaign message in the exact form as finally approved. If
the PUBLISHER does not post the campaign in the form as final approved the
ADVERTISER, adMingle and adMingle Sri Lanka reserve the right to withhold any
fees payable to the PUBLISHER for such campaign message. If the PUBLISHER is
given access to produce their own content in relation to a brief submitted by
the Advertiser, this clause shall not apply to that particular
8. The PUBLISHER must keep the approved campaign
message on display on the relevant social media site(s) for the complete mentioned
campaign period without any change or interruption. If the PUBLISHER does not
display the campaign message for the Period then the PUBLISHER shall not be
entitled to payment of the fees.
9. However, in cases where adMingle and / or adMingle
Sri Lanka or the Advertiser decides to withdraw the campaign message (through
no fault of the Publisher) before the Period is over the PUBLISHER will be
entitled to the fees as agreed between the parties.
10. The fees payable to the PUBLISHER shall
be transferred into their account within 5 working days from the point the
PUBLISHER request for payment after the campaign ended.
11. The PUBLISHER warrants that it shall not
post anything in response to a campaign message on any social media website or
otherwise which is defamatory, contrary to the laws relating to privacy, which
infringes any third party intellectual property rights or any other rights of
any third party.
12. The PUBLISHER shall indemnify and hold
harmless adMingle Sri Lanka (together with their respective officers, servants
and agents) (“the Indemnified Party”) against any and all liability, loss,
damage, costs, legal costs, professional and other expenses of any nature
whatsoever incurred or suffered by the Indemnified Party arising out of any
breach of these terms and conditions by the PUBLISHER including a breach of the
warranties in paragraphs 6 and 10 above or non-performance by the PUBLISHER of
its obligations under these terms and conditions.
13. If it is determined that the information
given by the PUBLISHER when registering with the Site is incorrect or false, if
the PUBLISHER violates any Agreement with adMingle and adMingle Sri Lanka or
any of the terms and conditions governing use of the Site, if it is observed
that the service is used in bad faith or if adMingle and adMingle Sri Lanka
deems necessary, the membership of the PUBLISHER may immediately be annulled
and / or blocked from access unilaterally without any notification and without
paying any compensation. All rights on this issue are reserved by adMingle and
adMingle Sri Lanka.
14. In the event that any of the information
provided by the PUBLISHER upon registration changes (including contact details,
bank account details, etc.) the PUBLISHER must inform adMingle Sri Lanka as
soon as reasonably practicable and in any event, within 7 (Seven) business
days. Or else, the responsibility of all kinds of loss of benefits that might occur
will belong to the PUBLISHER.
15. The PUBLISHER accepts that adMingle Sri
Lanka may change the structure of the services (including but not limited with
campaign offering time and manner, pricing, algorithms, reporting forms)
without prior notification whenever they deem fit and / or may terminate any
services or some of their features temporarily or permanently.
16. adMingle Sri Lanka use reasonable efforts to
ensure that the Site is free from viruses and other malicious or harmful
content. However, we cannot guarantee that your use of the Site (including any
content on it or any website accessible from it) will not cause damage to your
computer or other device. It is your responsibility to ensure that you have the
right equipment (including antivirus software) to use the Site safely and to
screen out anything that may damage or harm your computer or other device.
Except where required by applicable law, adMingle Sri Lanka shall not be liable
to any person for any loss or damage they suffer as a result of viruses or
other malicious or harmful content that they access from or via the Site.
17. We may update or amend these PUBLISHER Terms
and Conditions from time to time to comply with law or to meet our changing
business requirements without notice to you. Any updates or amendments will be
posted on the Site.
18. The PUBLISHER may not assign or sub-contract
any of its rights or obligations under these Publisher Terms and Conditions to
any third party unless we agree in writing.
19. We may assign, transfer or sub-contract any
of our rights or obligations under these Publisher Terms and Conditions to any
third party at our discretion.
20. No relaxation or delay by us in exercising
any right or remedy under Publisher Terms and Conditions shall operate as
waiver of that right or remedy or shall affect our ability to subsequently
exercise that right or remedy. Any waiver must be agreed by us in
21. If any of these Publisher Terms and
Conditions are found to be illegal, invalid or unenforceable by any court of
competent jurisdiction, the rest of these Publisher Terms and Conditions shall
remain in full force and effect.
22. These Publisher Terms and
Conditions are governed by the Laws of Sri Lanka. In the event of any
difference or dispute between the Advertisers and the Publisher(s) whether in
regard to the construction, interpretation or application of any provision or
provisions contained herein or any matter or thing arising from this Publishers
Terms and Conditions, it shall then be finally resolved by arbitration by a
sole Arbitrator or in the event of the parties not being able to agree to the
appointment by a sole Arbitrator, by a panel of three Arbitrators at Colombo as
per the Arbitration Act No. 11 of 1995.