Terms & Rules

1. Acceptance of Terms

By accessing and using the BigEar Media platform ("Platform"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you may not use our Platform. We reserve the right to modify these Terms at any time, and your continued use of the Platform constitutes acceptance of any changes.

2. Definitions

"Platform" refers to the BigEar Media advertising network, including all associated websites, applications, and services.

"Advertiser" refers to any person or entity purchasing advertising through the Platform.

"Publisher" refers to any person or entity displaying advertisements through the Platform.

"Content" refers to all materials, including but not limited to text, images, videos, and advertisements.

3. Advertiser Terms

3.1 Account Registration

Advertisers must provide accurate, current, and complete information during registration. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

3.2 Campaign Content

Advertisers are solely responsible for their ad content and landing pages. All advertising content must:

• Comply with all applicable laws and regulations
• Not infringe on any intellectual property rights
• Not contain malware, viruses, or malicious code
• Not promote illegal activities, violence, or hate speech
• Not contain deceptive, misleading, or false claims
• Comply with our content policies and industry standards

3.3 Payment Terms

Advertisers must fund their accounts before launching campaigns. We accept major credit cards, wire transfers, and other approved payment methods. All fees are non-refundable unless otherwise specified in writing.

3.4 Prohibited Advertising

The following types of advertising are strictly prohibited:

• Adult content or services
• Illegal drugs, substances, or paraphernalia
• Weapons, ammunition, or explosives
• Counterfeit goods or pirated content
• Gambling or betting services (in restricted jurisdictions)
• Multi-level marketing or pyramid schemes
• Misleading health or medical claims
• Political advertising (without prior approval)

4. Publisher Terms

4.1 Eligibility

To become a publisher, your website or application must:

• Contain original, quality content
• Receive at least 10,000 monthly page views
• Be operational for at least 3 months
• Comply with all applicable laws and regulations
• Not contain prohibited content (see section 4.3)

4.2 Ad Placement

Publishers must:

• Implement ad code exactly as provided
• Not modify or alter advertisement content
• Not encourage artificial clicks or impressions
• Clearly distinguish ads from editorial content
• Not place ads on error pages or non-content pages
• Maintain a professional website design and user experience

4.3 Prohibited Content

Publishers may not display ads on sites containing:

• Adult or sexually explicit content
• Violence, gore, or shocking content
• Hate speech or discrimination
• Illegal activities or content
• Copyright-infringing material
• Deceptive or misleading content
• Malware or harmful software

4.4 Payment Terms

Publishers will receive payment NET 30 (30 days after month end) provided the minimum payout threshold of $100 is reached. We reserve the right to withhold payment if we detect fraudulent activity or Terms violations.

5. Prohibited Activities

All users are prohibited from:

• Generating artificial traffic, clicks, or impressions
• Using bots, scripts, or automated systems to interact with ads
• Click fraud or impression fraud
• Encouraging others to click on advertisements
• Placing ads in emails or software applications (without approval)
• Disguising or cloaking ad placements
• Reverse engineering or attempting to access our systems

6. Intellectual Property

The Platform and all content, features, and functionality are owned by BigEar Media and are protected by copyright, trademark, and other intellectual property laws. You may not copy, modify, distribute, or create derivative works without our express written permission.

7. Privacy and Data Protection

Our collection and use of personal information is governed by our Privacy Policy. By using the Platform, you consent to our data practices as described in the Privacy Policy. We comply with GDPR, CCPA, and other applicable privacy regulations.

8. Termination

We reserve the right to suspend or terminate your account at any time, with or without notice, for violations of these Terms or for any other reason we deem appropriate. Upon termination:

• Advertisers will receive refunds for unused prepaid funds (minus any fees)
• Publishers will receive payment for verified earnings (subject to our fraud review)
• All access to the Platform will be revoked immediately
• You must immediately remove all ad code from your properties

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, BIGEAR MEDIA SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES.

10. Warranty Disclaimer

THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DO NOT GUARANTEE THAT THE PLATFORM WILL BE ERROR-FREE, SECURE, OR UNINTERRUPTED.

11. Indemnification

You agree to indemnify, defend, and hold harmless BigEar Media and its officers, directors, employees, and agents from any claims, liabilities, damages, losses, and expenses arising from your use of the Platform or violation of these Terms.

12. Dispute Resolution

Any disputes arising from these Terms or your use of the Platform shall be resolved through binding arbitration in San Francisco, California, in accordance with the rules of the American Arbitration Association. You waive any right to a jury trial or to participate in a class action.

13. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law provisions.

14. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify users of material changes via email or through the Platform. Your continued use of the Platform after such modifications constitutes acceptance of the updated Terms.

15. Contact Information

For questions about these Terms, please contact us at:

BigEar Media
45/F, The Center, 99 Queen's Road Central, Central
Hong Kong
Email: [email protected]
Phone: +852 3698 4500

16. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect.

17. Entire Agreement

These Terms constitute the entire agreement between you and BigEar Media regarding the use of the Platform and supersede all prior agreements and understandings.