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 (Publisher) participation in our program. This Agreement provides you with the terms and conditions that govern that participation. 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 or website if you disagree with any terms or conditions.
The term of this Agreement commences on the Effective Date and shall continue on a month-to-month basis (the “Term”) until the Publisher provides written notice of non-renewal at least 30 days before the expiration of the then-current Term or Company notifies the publisher in writing. If ads remain live for 72 hours after the publisher notice period, the site will be re-activated in our system, and another 30-day notice will be required to terminate ads with Monumetric. The ad setup for your site must remain the same during this notice period.
Monumetric is a full-service monetization platform for small to large online publishers. Monumetric will conduct online advertising tag implementation for each URL associated and listed in the agreement for the publisher’s website, billing for and on behalf of the ad network, and payment distribution to the publisher. Additional services may be rendered to the Publisher as noted in Sections 8, 10, and 12.
Publisher shall be paid the amount of Publisher’s Net Revenue generated by the Company. In consideration of the Company’s services, Company shall be entitled to the Company’s Commission. The Company shall pay Publisher’s Net Revenue in U.S. dollars, excluding all applicable sales, use, and other taxes. Publisher shall be responsible for and shall pay any applicable sales, service, or other taxes or duties, tariffs, or the like relevant to the Publisher’s Net Revenue.
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.
In consideration of the obligations to be performed by Publisher under this Agreement, Monumetric agrees to compensate Publisher as follows:
During the Term of this Agreement and for a two (2) year period after that, Publisher will agree not to disclose any confidential or proprietary information Monumetric provides to Publisher or Publisher otherwise obtains about Monumetric during this Agreement. Such information includes, but is not limited to,
Each party represents and warrants to the other party that:
Occasionally negative consequences may arise, such as user experience changes or blacklisting of demand providers. Monumetric shall work to fix the cause of the negative consequences. However, Monumetric shall not be held responsible, financially or otherwise, for the negative consequences that arise from the action, or inaction, of any publisher, vendor of Monumetric, or Monumetric itself.
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.
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.
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.
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.