Terms of Service
The agreement that governs every advertiser and publisher account on the D4RKW3B network.
01 Agreement
These Terms of Service (the "Terms") are a binding agreement between D4RKW3B Networks Ltd. ("D4RKW3B", "we", "us") and the person or entity that registers for, accesses, or uses the D4RKW3B advertising network, dashboard, API, tags, smartlinks, or related services (collectively, the "Services").
By submitting an advertiser or publisher application, creating an account, placing a tag, funding a balance, or otherwise using the Services, you accept these Terms, the Acceptable Use Policy, and the Privacy Policy, each of which is incorporated by reference. If you are accepting on behalf of a company, you represent that you have authority to bind that company, and "you" refers to that company.
If you do not agree to these Terms, do not use the Services. Where a separately signed insertion order or master services agreement exists between you and D4RKW3B, that document controls in the event of a direct conflict with these Terms, and these Terms apply in all other respects.
02 Definitions
- "Advertiser" means an account holder that purchases ad delivery through the Services.
- "Publisher" means an account holder that makes inventory available for ad delivery through the Services.
- "Inventory" means websites, applications, push subscriber lists, email placements, or other media on which Publisher displays ads served by D4RKW3B.
- "Creative" means any ad unit, landing page, pre-lander, text, image, video, or other content supplied by an Advertiser for delivery.
- "Campaign" means a configured set of Creatives, targeting parameters, bids, and budgets submitted by an Advertiser.
- "Invalid Traffic" means impressions, clicks, conversions, or other events that D4RKW3B, in its reasonable determination, identifies as non-human, fraudulent, incentivized without disclosure, duplicated, or otherwise not generated by a genuine user acting with intent.
- "Net Revenue" means amounts actually received by D4RKW3B from Advertisers for delivery on a Publisher's Inventory, less Invalid Traffic deductions, chargebacks, refunds, taxes, and payment processing costs.
- "Policies" means the Acceptable Use Policy, Privacy Policy, Compliance Program, and any vertical-specific guidelines published by D4RKW3B.
03 Accounts and Eligibility
3.1 Eligibility
You must be at least 18 years old and legally capable of entering into contracts in your jurisdiction. You must not be located in, organised under the laws of, or ordinarily resident in a jurisdiction subject to comprehensive sanctions by the United Nations, European Union, United Kingdom, or United States, and you must not be listed on any applicable sanctions or restricted-party list.
3.2 Registration
You agree to provide accurate, current, and complete information during registration and to keep it updated. D4RKW3B may require identity documents, proof of business registration, licensing evidence, domain ownership verification, beneficial ownership information, or other documentation at any time as a condition of opening or maintaining an account. Applications may be declined at D4RKW3B's discretion without obligation to state a reason.
3.3 Account Security
You are responsible for all activity under your account, API keys, and tags. Keep credentials confidential and notify support@d4rkw3b.network immediately of any unauthorised access. D4RKW3B is not liable for loss resulting from compromised credentials that you failed to protect.
3.4 One Account Per Entity
Each legal entity may hold one advertiser account and one publisher account unless D4RKW3B approves additional accounts in writing. Operating duplicate accounts to evade limits, reviews, or enforcement actions is a material breach.
04 Advertiser Terms
4.1 Campaign Review
Every Campaign, Creative, and landing page is reviewed before delivery and may be re-reviewed at any time. D4RKW3B may reject, pause, or remove any Creative or Campaign that does not meet the Policies or applicable law, or that D4RKW3B reasonably believes may expose the network or its Publishers to legal, regulatory, or reputational risk.
4.2 Advertiser Representations
You represent and warrant that: (a) you hold all rights, licences, consents, and permissions necessary to run each Creative and promote each product or service in every targeted jurisdiction; (b) your Creatives and landing pages are accurate, not misleading, and comply with all applicable advertising, consumer protection, financial promotion, gambling, health, and data protection laws; (c) the landing page a user reaches is materially the same as the page submitted for review; and (d) you will not change a reviewed landing page's substance without resubmitting it.
4.3 Budgets, Deposits, and Bids
Advertising is prepaid. The minimum initial deposit is USD 100. Funds are drawn down as delivery occurs at the bid prices and pricing models you configure. You are responsible for setting daily and total budget caps. Delivery may exceed a daily cap by up to 10% due to auction timing, and any such overage is billable.
4.4 Reporting and Discrepancies
D4RKW3B's measurement of impressions, clicks, and conversions is the basis for billing. If your third-party tracker reports a discrepancy greater than 10% for a given day, notify us within 7 days with supporting logs. Discrepancies reported later than 30 days after the end of a billing month are not eligible for adjustment. Where a discrepancy is confirmed to result from Invalid Traffic, D4RKW3B will credit the affected spend to your balance.
4.5 Refunds
Unspent balances may be refunded on request to the original funding method, less a processing fee equal to the cost D4RKW3B incurs to return the funds, provided the account is in good standing and has no outstanding compliance inquiries. Balances funded by cryptocurrency are refunded in the same asset at the quantity received. Promotional credits are not refundable. Refund requests are processed within 15 business days.
4.6 Managed Service
Where you elect managed service, D4RKW3B account managers may adjust bids, targeting, and budgets within the limits you set. Account managers will not increase total budget caps or add new Creatives without your approval.
05 Publisher Terms
5.1 Inventory Requirements
You represent and warrant that you own or have the legal right to monetize each item of Inventory you register, that the Inventory does not host content prohibited by the Acceptable Use Policy, and that you will disclose the nature and source of your traffic accurately. D4RKW3B may require verification of domain ownership by DNS record or meta tag before activation.
5.2 Tag Placement
You will place D4RKW3B tags only on Inventory that has been approved, will not modify tag code, and will not place tags in a manner that causes ads to be hidden, stacked, auto-refreshed beyond configured limits, rendered outside the viewable area, or triggered without a genuine user action. You will not resell, sublicense, or share your tags, Publisher ID, or smartlinks with third parties.
5.3 Prohibited Traffic
You will not deliver, and will take reasonable measures to prevent, Invalid Traffic. This includes traffic from bots, scripts, click farms, proxy or data-centre IP ranges used to disguise origin, forced or accidental clicks, iframe stuffing, cookie stuffing, toolbar or adware injection, and traffic from sources not disclosed on your application.
5.4 Revenue and Reporting
D4RKW3B pays Publishers a share of Net Revenue generated on their Inventory, or a fixed CPM or CPC rate where agreed. Revenue shown in the dashboard during a payment period is an estimate and becomes final only after the period closes and Invalid Traffic review is complete. D4RKW3B's measurement is the basis of record for Publisher payments.
5.5 Payouts
Payouts are issued on the schedule you select (Net-7, Net-15, or Net-30) once your finalised balance reaches USD 50. Payouts are made in the method on file; you are responsible for providing correct payment details and for any fees charged by your bank, wallet provider, or payment platform. D4RKW3B may require tax documentation before issuing payouts, and must receive it once lifetime payouts reach USD 10,000.
5.6 Holds, Deductions, and Clawbacks
D4RKW3B may withhold, reduce, or reclaim payments where (a) traffic is determined to be Invalid Traffic, (b) an Advertiser successfully disputes charges attributable to your Inventory, (c) you breach these Terms or the Policies, or (d) a payment is subject to a legal hold. Where a hold is applied, D4RKW3B will notify you with the reason and the expected review period, which will not exceed 60 days absent a legal requirement.
5.7 Referral Programme
Publishers who refer new Publishers using their referral link earn 5% of the referred account's Net Revenue for as long as both accounts remain active and in good standing. Self-referrals, referrals of accounts under common control, and referrals obtained through misleading promotion are excluded and may result in forfeiture of referral earnings.
06 Fees, Payment and Taxes
All amounts are stated and settled in United States dollars unless otherwise agreed. Cryptocurrency deposits and payouts are valued at the exchange rate published by D4RKW3B's payment processor at the time the transaction is confirmed on-chain. Blockchain network fees and bank charges are borne by the party initiating the transfer.
You are responsible for all taxes, duties, and levies arising from your use of the Services, excluding taxes on D4RKW3B's net income. Where D4RKW3B is required by law to withhold tax from a payout, it will do so and provide documentation of the amount withheld. Prices exclude VAT, GST, and similar taxes, which will be added where applicable.
Accounts with no activity for 12 consecutive months are classified as dormant. D4RKW3B will attempt to contact dormant account holders; balances under USD 50 that remain unclaimed after a further 90 days are forfeited.
07 Compliance and Verification
D4RKW3B operates a know-your-customer and anti-money-laundering programme described in the Compliance Program. You agree to provide requested documentation within 10 business days of a request and acknowledge that accounts may be restricted until verification is complete. D4RKW3B screens all account holders, beneficial owners, and payment destinations against sanctions lists and may decline, freeze, or report transactions as required by law.
For regulated verticals, including gambling, financial trading, and pharmaceuticals, you must provide evidence of the licences or registrations required in each targeted jurisdiction before Campaigns in that vertical are activated and whenever a licence is renewed, suspended, or revoked.
08 Prohibited Conduct
In addition to the restrictions set out in the Acceptable Use Policy, you will not:
- Reverse engineer, scrape, or interfere with the Services, or access them by any means other than the dashboard, documented API, and provided tags;
- Cloak, redirect, or otherwise present different content to D4RKW3B's review systems than to users;
- Circumvent frequency caps, geographic restrictions, age gates, or vertical labelling;
- Use the Services to collect personal data from users beyond what is permitted by the Privacy Policy and applicable law;
- Introduce malware, exploits, or code that alters a user's device, browser, or settings;
- Misrepresent your identity, business, licensing status, traffic source, or relationship with D4RKW3B;
- Contact Advertisers or Publishers you learn of through the Services to induce them to transact outside the network.
09 Intellectual Property
D4RKW3B and its licensors retain all rights in the Services, including software, tags, APIs, documentation, trademarks, and aggregated performance data. You receive a limited, revocable, non-exclusive, non-transferable licence to use the Services for their intended purpose during the term of this agreement.
You retain ownership of your Creatives and Inventory. You grant D4RKW3B a worldwide, royalty-free licence to host, cache, reproduce, resize, transcode, display, and transmit your Creatives as needed to provide the Services, to review them for compliance, and to retain copies for record-keeping and dispute resolution for up to 24 months after the relevant Campaign ends.
D4RKW3B may use the D4RKW3B name and logo in Publisher ad labels and in disclosures required by law. Neither party may use the other's name or marks in marketing without prior written consent.
10 Data Protection
Each party will comply with data protection laws applicable to it, including the EU and UK General Data Protection Regulation and the California Consumer Privacy Act where they apply. For personal data processed in the course of ad delivery, each party acts as an independent controller of the data it collects, except where a data processing agreement provides otherwise. A data processing agreement is available on request from privacy@d4rkw3b.network.
Publishers must display a privacy notice that discloses the use of third-party ad technology and, where required, obtain and signal valid user consent before D4RKW3B tags set identifiers or process personal data. Advertisers must not pass personal data to D4RKW3B in postback or click URLs beyond a pseudonymous click identifier and transaction values.
11 Confidentiality
Each party will keep confidential any non-public business, technical, pricing, or performance information disclosed by the other and marked or reasonably understood as confidential, will use it only to perform under these Terms, and will protect it with at least the care it applies to its own confidential information. These obligations survive for three years after termination and do not apply to information that is public without breach, independently developed, lawfully received from a third party, or required to be disclosed by law, provided that the disclosing party is notified where legally permitted.
12 Suspension and Termination
Either party may terminate this agreement at any time by written notice. Advertisers may withdraw unspent funds in accordance with section 4.5. Publishers will be paid finalised balances on the next scheduled payout date.
D4RKW3B may suspend or restrict an account immediately, with notice to you, where it reasonably believes that (a) you have breached these Terms or the Policies, (b) your account is generating Invalid Traffic or hosting prohibited content, (c) continued operation would expose D4RKW3B to legal or regulatory risk, or (d) a payment is disputed or subject to a legal process. D4RKW3B will state the reason for suspension and the steps required to resolve it where doing so is lawful.
Where termination results from fraud, Invalid Traffic, or wilful breach of the Acceptable Use Policy, D4RKW3B may withhold unpaid Publisher earnings attributable to the breach and may retain Advertiser funds necessary to compensate affected Publishers or cover resulting losses. Any remaining balance will be returned.
Sections 6, 9 through 11, and 13 through 17 survive termination.
13 Disclaimers
The Services are provided "as is" and "as available". To the fullest extent permitted by law, D4RKW3B disclaims all warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement. D4RKW3B does not guarantee any level of impressions, clicks, conversions, fill rate, revenue, return on ad spend, or uninterrupted availability. Performance figures published on the D4RKW3B website are network-wide averages for illustrative purposes and are not a promise of results for any account.
D4RKW3B does not review or endorse the products, services, or content of Advertisers or Publishers beyond compliance review and is not a party to any transaction between an Advertiser and a user.
14 Limitation of Liability
To the fullest extent permitted by law, neither party will be liable for any indirect, incidental, special, consequential, or punitive damages, or for loss of profits, revenue, data, or goodwill, arising out of or relating to these Terms, however caused and under any theory of liability.
D4RKW3B's total aggregate liability arising out of or relating to these Terms will not exceed the greater of (a) the amounts paid by you to D4RKW3B, or paid by D4RKW3B to you, in the six months preceding the event giving rise to the claim, and (b) USD 1,000.
Nothing in these Terms excludes or limits liability for fraud, wilful misconduct, death or personal injury caused by negligence, or any liability that cannot be excluded by law.
15 Indemnification
You will defend, indemnify, and hold harmless D4RKW3B, its affiliates, officers, employees, and agents from any third-party claim, regulatory action, loss, liability, cost, or expense (including reasonable legal fees) arising from (a) your Creatives, products, services, Inventory, or landing pages; (b) your breach of these Terms, the Policies, or applicable law; (c) your lack of any required licence, registration, or consent; or (d) personal data you collect or process in connection with the Services. D4RKW3B will notify you promptly of any claim, allow you to control the defence with counsel reasonably acceptable to D4RKW3B, and cooperate at your expense. You will not settle any claim in a manner that imposes obligations on D4RKW3B without its written consent.
16 Governing Law and Disputes
These Terms are governed by the laws of the Republic of Cyprus, without regard to conflict-of-law principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.
Before commencing formal proceedings, the parties will attempt in good faith to resolve any dispute through discussion between senior representatives for a period of 30 days from written notice of the dispute. Any dispute not resolved in that period will be finally settled by arbitration under the Rules of the Cyprus Arbitration and Mediation Centre by a single arbitrator seated in Limassol, Cyprus, conducted in English. Either party may seek injunctive relief in any court of competent jurisdiction to protect its intellectual property or confidential information.
Claims must be brought within one year of the date on which the claiming party knew or should have known of the facts giving rise to the claim.
17 General Provisions
- Changes. D4RKW3B may update these Terms by posting a revised version with a new effective date and notifying account holders by email and dashboard notice at least 14 days before material changes take effect. Continued use after the effective date constitutes acceptance. If you do not accept a change, terminate your account before it takes effect.
- Assignment. You may not assign or transfer this agreement without D4RKW3B's written consent. D4RKW3B may assign it to an affiliate or successor in connection with a merger, acquisition, or sale of assets.
- Notices. Notices to D4RKW3B must be sent to legal@d4rkw3b.network. Notices to you will be sent to the email address on your account and are deemed received 24 hours after sending.
- Force majeure. Neither party is liable for delay or failure caused by events beyond its reasonable control, including network outages, hosting provider failures, denial-of-service attacks, government action, or payment network disruption, provided it uses reasonable efforts to resume performance.
- Independent contractors. The parties are independent contractors. Nothing creates a partnership, joint venture, agency, or employment relationship.
- Severability. If any provision is held unenforceable, it will be modified to the minimum extent necessary and the remainder will continue in effect.
- Waiver. Failure to enforce a provision is not a waiver of the right to enforce it later.
- Entire agreement. These Terms, the Policies, and any signed insertion order or master services agreement constitute the entire agreement between the parties on their subject matter and supersede all prior discussions.
- Language. These Terms are drafted in English. Any translation is for convenience only and the English version controls.
18 Contact
Questions about these Terms: legal@d4rkw3b.network
Account and billing support: support@d4rkw3b.network
Compliance and verification: compliance@d4rkw3b.network
D4RKW3B Networks Ltd. is a company registered in the Republic of Cyprus.