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Maker Terms & Conditions

Terms of Use and Representation Agreement

The Blogger Network LLC, DBA: Monumetric (“Monumetric”, “The Company, “we,” or “our”) is a comprehensive services provider for sites and publishers. We look forward to your (“Creator”) utilization of our Maker product. This Agreement provides you with the terms and conditions that govern your usage of the Maker product. By using any of Monumetric’s services, you indicate that you agree to all these terms and conditions (“Terms”) unless otherwise specified in a separate document signed by both parties. PLEASE READ this Agreement in its entirety and DO NOT USE Monumetric’s services, products or website if you disagree with any terms or conditions.

1. DEFINITIONS

  1.  “Agreement” means these Terms and Conditions.
  2. “Billing Cycle” also called a billing period or a service period—is the time where the Creator’s selected Plan feature quotas are calculated. At the end of a billing cycle, your Transactions from the billing period are added together to determine your statement balance.
  3.  “Campaign” is an organized course of action between the User and a 3rd party unaffiliated with Monumetric.
  4. “Plan” is a set of features available to the Creator during each Billing Cycle
  5. “Platform Connections” are API connections to 3rd party platforms like Twitter, Meta, Google Analytics, etc., that provide aggregated and displayed data on Maker.
  6. “Sponsor” also called the “Brand”, is the party that requests the Creator participate in a campaign and determines the terms.
  7.  “Subscription” means the reoccurring amount paid that corresponds to the Creator’s selected Maker Plan.
  8.  “Effective Date” means the beginning of this Agreement based on when Monumetric’s services commence for the Publisher.
  9. “Property” means your URL and all subdomains of that URL, including all webpages appearing at such URL and subdomains, all mobile versions of the same, all enhanced versions of the same, and all future means of communication that utilize that URL or such subdomains of that URL. The parties agree that the Properties may be amended from time to time during the term of the Agreement by email approval to Publisher by an authorized representative of Company delivered to Publisher’s email address provided in this Agreement (or another email address as mutually agreed on by the parties).
  10. “Revenue” total amount of income from campaigns.
  11. “Transactions” are the Creator’s base subscription fee plus any additional add-on or a-la-cart services.

2. TERM

The term of this Agreement commences on the Effective Date and shall continue on a month-to-month basis (the “Term”) until the Creator provides written notice of non-renewal at least one (1) business day before the renewal of the Plan Billing Cycle. The Creator will continue to have their active Plan’s access to Maker until the end of the current Billing Cycle. After the term has ended, You will still have your past campaigns but we won’t pull any new data after that billing cycle ends. You’ll then have access to the features in Maker Freemium

3. DESCRIPTION OF SERVICES

Maker is an analytics and reporting console for online Creators to track performance metrics of Campaigns and sponsored content.

4. DATA AGGREGATION

Each Platform has its own definition of what impressions or engagements are. We agree it can be tricky. We follow each platform’s definition of engagements and impressions and then we display that in your data. On occasion, Platforms change how they define or measure metrics. These changes are often not publicized and We can’t be held liable for how these changes affect your data in Maker.

We will provide our best efforts to maintain functioning APIs with 3rd party Platforms. The Company doesn’t guarantee API availability, uptime, or performance. The Company reserves the right to add or remove available API connections without notice.

5. CAMPAIGN REVENUE AND PERFORMANCE

Maker is an analytics and reporting console for online Creators to track performance metrics of Campaigns and sponsored content. This data can then be shared with Campaign Sponsors. The Company has no liability, involvement, or responsibility with:

  • Facilitating, validating, or collecting compensation for the Creator
  • Authenticating data manually added by Creator
  • Authenticating data provided by other Platform Connections
  • Enforcing the Terms and Conditions of a Campaign.
  • Errors or omissions by the Creator or Sponsor
  • Communication between Creator and Sponsor

6. MARKETING/PUBLIC RELATIONS

Each party shall have the right to refer to and promote its business relationship with the other party in a mutually agreed corporate press release or otherwise.

7. YOUR OBLIGATIONS TO MONUMETRIC

  1. You agree to bring any problem or issue you have with Monumetric and/or Maker to our attention and allow us to resolve that item before making it public or sharing it with others.
  2. You will not purposely manipulate data in Maker or cause the Platform Connections to pull erroneous data to deceive another party.
  3. You will not purposely cause harm or excessive load on Maker’s infrastructure.
  4. One-Warning Policy: You will be invited to leave after one written warning if your conduct is abusive, disrespectful, or offensive.
  5. Your Representations and Warranties

You represent and warrant to Monumetric that:

  1. By using Monumetric’s Maker Product. services, demand, or code, you represent that you are authorized to participate in this Agreement with Monumetric on behalf of your Property.
  2. These Terms are supported by reasonable and valuable consideration, the receipt and adequacy of which you acknowledge. Without limiting the preceding, you acknowledge that such consideration includes, without limitation, access to our community and recognition and compensation that may arise because of using our services.

8. MEMBER ACCOUNT, PASSWORD, AND SECURITY

To register for the Service, You must complete the registration process by providing Monumetric with current, complete, and accurate information as prompted by the registration form, including Your e-mail address (username) and password. You will protect Your passwords and take full responsibility for Your own, and third-party, use of Your accounts. You are solely responsible for any and all activities that occur under Your Account. You will notify Monumetric immediately upon learning of unauthorized use of Your Account or any other security breach. Monumetric support staff may, from time to time, log in to the Service under Your customer password in order to maintain or improve service, including to provide You assistance with technical or billing issues.

9. NONEXCLUSIVE LICENSE

Subject to the terms and conditions of this Agreement.

  1. Monumetric grants You a limited, revocable, non-exclusive, non-sublicensable license as necessary for You to use the Service on Your Properties or Third Party’s Properties; and
  2. (b) You may remotely access, view and download Your Reports stored at maker.monumetric.com. You will not (and You will not allow any third party to)
    1. Copy, modify, adapt, translate or otherwise create derivative works of the Software or the Documentation;
    2. Reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Software, except as expressly permitted by the law in effect in the jurisdiction in which You are located;
    3. Rent, lease, sell, assign or otherwise transfer rights in or to the Software, the Documentation or the Service;
    4. Remove any proprietary notices or labels on the Software or placed by the Service;
    5. Use, post, transmit or introduce any device, software or routine which interferes or attempts to interfere with the operation of the Service or the Software; or
    6. Use data labeled as belonging to a third party in the Service for purposes other than generating, viewing, and downloading Reports. You will comply with all applicable laws and regulations in Your use of and access to the Documentation, Software, Service and Reports.

10. CONFIDENTIALITY AND BETA FEATURES

Neither party will use or disclose the other party’s Confidential Information without the other’s prior written consent except for the purpose of performing its obligations under this Agreement or if required by law, regulation or court order; in which case, the party being compelled to disclose Confidential Information will give the other party as much notice as is reasonably practicable prior to disclosing the Confidential Information. Certain Service features are identified as “Alpha,” “Beta,” “Experiment,” (either within the Service or elsewhere by Monumetric) or as otherwise unsupported or confidential (collectively, “Beta Features”). You may not disclose any information from Beta Features or the terms or existence of any non-public Beta Features. Monumetric will have no liability arising out of or related to any Beta Features.

11.PRIVACY

You will not and will not assist or permit any third party to, pass information to Monumetric that Monumetric could use or recognize as personally identifiable information. You will have and abide by an appropriate Privacy Policy and will comply with all applicable laws, policies, and regulations relating to the collection of information from Users. You must post a Privacy Policy and that Privacy Policy must provide notice of Your use of cookies, identifiers for mobile devices (e.g., Android Advertising Identifier or Advertising Identifier for iOS) or similar technology used to collect data. You will use commercially reasonable efforts to ensure that a User is provided with clear and comprehensive information about, and consents to, the storing and accessing of cookies or other information on the User’s device where such activity occurs in connection with the Service and where providing such information and obtaining such consent is required by law.

12. INDEMNIFICATION

Each party shall defend, indemnify and hold harmless the other party, its affiliates, employees, successors, and assignees, against and from any third-party claims, liabilities, damages, fines, penalties, or costs of whatsoever nature (including reasonable attorney’s fees and expenses) (collectively, “Claims”), caused by or arising out of such party’s breach of its covenants, representations, and warranties under this Agreement. The indemnified party shall promptly notify the other party of any claims seeking indemnification. The indemnified party shall have the right to control the defense and settlement of any such claims indemnified party shall reasonably cooperate in addition to that.

13. SEVERABILITY

In the event, any section, clause, or provision of this Agreement is adjudged to be invalid or void for any reason. Such invalid or void section, clause, or provision shall not affect the whole of this instrument, and the remaining sections, clauses, or provisions hereof shall remain operative and shall be carried into effect insofar as legally possible.

14. GOVERNING LAW

The law of the State of Utah, without regard to its conflict of law principles, governs all matters arising under or relating to this Agreement.

15. ASSIGNMENT AND DELEGATION

Neither party may assign its rights or delegate its obligations under this Agreement without the other party’s consent, which party shall not unreasonably withhold its consent.