The Regulations of the Blue Moon Media Advertising Network
By registering on www.bluemoonmedia.net, the Publisher accepts these Regulations and acknowledges that this is a prerequisite for using the services of an advertising network. The Publisher declares that before starting to use the services of the platform, he has read the following Regulations in detail.
§1 General Provisions
- The Blue Moon Media platform Regulations hereinafter referred to as the "Regulations", formulate the nature and criteria for the provision of rental or subleasing services to an advertising network located on the Internet at www.bluemoonmedia.net. It also defines the terms and conditions of using the Blue Moon Media platform, as well as the scope of the Publisher's rights and obligations. It also includes the forms and methods of payment between the Publisher and the Blue Moon Media platform.
- The Blue Moon Media network, with the website at www.bluemoonmedia.net, conducts advertising activities.
- The owner and Administrator of the Blue Moon Media platform is Monika Kiedrowicz - a natural person conducting business activity based on an entry in the business register.
- Entrepreneur's details:
- registered office: Chojnicka 8, 89-620 Sławęcin, Poland
- REGON number: 362388653
- tax identification number: 555-210-26-98
- The registration and use of the platform are available only to natural persons conducting a business activity, legal persons, non-legal organizational units to whom the law confers legal capacity and to non-residents.
- The definitions used in the Regulations mean:
- Platform: Blue Moon Media advertising network, providing advertising services at www.bluemoonmedia.net, for the purposes of which it rents or sublets virtual areas (advertising space) on websites and other electronic media of Publishers.
- Publisher ID:a personalized Publisher ID after registering on the Blue Moon Media platform.
- Publisher: non-resident, a natural person conducting a business activity, a legal person or an organizational unit which is not a legal person, to which the Act grants legal capacity, registered on the platform and renting the Blue Moon Media advertising network virtual surfaces for the purposes of displaying advertising offers.
- Non-resident: natural persons domiciled abroad, and legal persons domiciled abroad, as well as other entities domiciled abroad having the ability to contract obligations and acquire rights on their own behalf.
- Registration form: the form available on the home page www.bluemoonmedia.net under the "Sign Up" button, whose correct completion and sending to the Administrator is required to create an account on the platform
- The Publisher on the Blue Moon Media platform can only be:
- a non-resident
- a natural person conducting business activity
- a legal person
- an organizational unit that is not a legal entity, to which the law grants legal capacity, having its own active bank account or own account on the PayPal website.
- When registering on the platform by completing and sending the registration form, the Publisher is obliged to provide true personal details, address, and contact details.
- The Publisher is obliged to check on a current basis the email at the email address provided in the registration form in order to enable the Administrator to contact the Publisher, as well as, if the email is changed, to update it. Sending a message by the Blue Moon Media advertising network to the email address referred to in the previous sentence or via a private message on the platform is understood as effective delivery of the message to the Publisher.
- Registration on the Blue Moon Media platform is tantamount to submitting by the Publisher a declaration of having full legal capacity.
§4 Publisher’sAccount on the Platform
- The registration form that does not meet the conditions contained in §3 will not be accepted - therefore the account will not be activated.
- Registration on the Blue Moon Media platform consists in correctly completing the registration form on the home page: www.bluemoonmedia.net.
- When registering on the platform, the Publisher must provide:
- for tax purposes, among other things, his/her true personal details, address and contact details
- company data (name, address of the registered office and tax identification number) in the case of a natural person conducting a business activity, a legal person and an organizational unit which is not a legal person, which the law confers legal capacity.
- Registration and account creation on the Blue Moon Media platform is free of charge.
- The Publisher is solely responsible for not maintaining the confidentiality of information known only to him/her, including data necessary to log in to the platform. In such a case, the advertising network is not responsible for losses incurred on the Publisher's account.
- If the Publisher is not active on his account for a period of 6 months after the Administrator has accepted the registration form, his account will be deleted.
- In the case referred to in paragraph 7, if the Publisher has accumulated funds on the Blue Moon Media platform, he will be called by means of distance communication (e-mail and/or telephone contact) within 7 days prior to the expiry of the period specified in paragraph 7 to exercise his rights in this respect.If the Publisher fails to exercise his rights within 14 days of the date of notification, the Publisher shall lose the right to the funds accumulated on his account, regardless of the type of reason that caused him not exercising his right to withdraw the funds.The Publisher may at any time opt out of using the advertising network, as well as send an application to the Administrator to delete his account.
§5 Nature of the Blue Moon Media Platform
- The Platform carries out its advertising activities by renting or subletting virtual spaces (advertising spaces) on websites and other electronic media of Publishers.
- The advertising network pays for the renting of the Publisher's virtual space, and the amount of this payment depends on the effectiveness of advertising activities carried out by Blue Moon Media in virtual areas, rented by the Publisher and on the amount and quality of traffic on virtual surfaces or other electronic media of Publishers.
- The Publisher has access to tools enabling detailed analysis of statistical data showing the amount and quality of traffic on virtual surfaces or other electronic media rented to an advertising network, on the basis of which payment is made.
§6 Regulations Sanctions
- 1. It is strictly prohibited to rent virtual space on websites and other electronic media of the Publisher, which:
- contain images or content that is in any way obscene, pornographic, threatening, offensive, unlawful, hateful, harmful, harassing, racist, discriminatory or in any way infringing copyright or intellectual property rights.
- use illegal placement promotion techniques.
- generate artificial traffic by using tracking worms, clicking bots.
- overload the Blue Moon Media platform using artificial queries.
- The Publisher may not use any actions aimed at contributing to the unfair increase of the Publisher's payment.
- Violation of the provisions of the Regulations is the basis for the application of the following consequences immediately, which can be used alone or in combination:
- one time warning
- suspension of using the account until further notice
- blocking access to the account without the option of restoring it
- depriving the Publisher of the funds accumulated so far in the event of a gross violation of the Regulations or the rules of renting virtual space.
- In the event of activities to the detriment of the platform or contrary to the Regulations, grossly violating its content, the Blue Moon Media advertising network will provide the Publisher details to the relevant authorities or at their request will be obliged to provide them without delay.
- The Publisher is also liable for damages on general terms, consisting in the possibility of requesting by the advertising network to cover all losses incurred by Blue Moon Media, caused by the Publisher's activity that is unlawful or non-compliant with the Regulations.
§7 Payments And Fiscal Obligations
- The advertising network makes payments to a bank account or PayPal online wallet that belongs to the Publisher.
- The minimum amount to be paid for the rental or sublease of virtual space is $50.
- Payments are made in the NET15, NET7 and Bi-Weekly systems.
- The NET15 system consists in the fact that the payment is made by the 15th day of the month following the billing month in which the Publisher's virtual space rental service was provided.
- The NET7 system consists in the fact that payment is made by the 7th day of the month following the billing month in which the Publisher's virtual space rental service was provided.
- The Bi-Weekly system consists in the fact that the payment is made every two weeks: on the 16th day of the month for the first half of the month (up to and including the 15th day of the given month) of providing the virtual space rental service of the Publisher and on the first day of the month following the billing month, in which the Publisher's virtual space rental service was provided for the second half of the month (from the 16th of the given month inclusive).
- In the event of payment for the Publisher's virtual space rental services in the form of a transfer to a bank account at a bank located outside the European Union, a transfer fee of $ 20 will be deducted.
- The Publisher declares that he is aware of the obligation to independently settle the tax on the revenues resulting from the provision of virtual space rental services on Publisher’s websites and other electronic media, with the relevant tax office in Poland in accordance with applicable regulations in this respect.This also applies to a non-resident, residing or having his headquarters outside Poland, who is required to make independent tax settlements according to the regulations of the country of tax residence.
- Taxable income is any amount of money paid to the Publisher by the Blue Moon Media advertising network.Non-resident does not provide the Blue Moon Media advertising network with any documents confirming his income. The Publisher understands and accepts the fact that he bears sole responsibility for this.
- The funds referred to in § 5 paragraph 2 of these Regulations, paid to the Publisher who is a natural person conducting a business activity, constitute for this person the income from the rental of advertising space on websites and other electronic media, in accordance with Article 10 paragraph 1 point 6 of the Act of 26 July 1991 on personal income tax (Journal of Laws of 2020, item 179, as amended - hereinafter: the "PIT Act") or in accordance with Article 10 paragraph 1 point 3 of the PIT Act: revenues from non-agricultural economic activity.
- The funds referred to in § 5 paragraph 2 of these Regulations, paid to the Publisher who is a legal person, constitute for this person his income (revenues) from business or statutory activities, as referred to in Article 7 of the Act of February 15, 1992, on corporate income tax (Journal of Laws of 2020, item 183, as amended - hereinafter: the "CIT Act").
- The Publisher, who is a natural person conducting a business activity or a legal person, is obliged to issue an invoice to the Blue Moon Media advertising network for each gross amount that has been paid to him by the network. He shall issue the invoice with the date of the transfer and deliver it to the advertising network electronically within 7 days.
§8 Data Protection of the Publisher
- All information regarding Publishers is confidential and the Blue Moon Media advertising network is required to protect it against unauthorized disclosure.
- By registering on the platform, the Publisher consents to the processing of his personal data solely for the purpose of payment for the service of renting virtual space on the websites and other electronic media of the Publisher and to perform administrative activities related to the functioning of the platform.
- Blue Moon Media advertising network is committed to performing necessary maintenance works in the shortest possible time and inform Publishers in advance of each planned break in access to the platform.
§9 Final Provisions
- In matters not covered in these Regulations, the provisions of the Civil Code shall apply.
- Any changes to the Regulations will be sent to Publishers electronically via the email address provided by the Publisher on his account and by sending a private message on the platform.
- The Publisher may not accept the proposed changes. In such a case, the Publisher should sendvia email to the ad network the information about the objection.As a consequence, the Publisher's account will be deleted, but not earlier than within 14 days from the date of receipt of the objection from the Publisher or the day before the date of entry into force of the proposed changes, whichever is sooner.
- All disputes arising between the Blue Moon Media advertising network and the Publisher will be settled amicably. In the absence of such a settlement, the court competent to settle disputes will be the court of general jurisdiction.
- The advertising network will make every effort to ensure that the platform is used correctly and in an uninterrupted manner.
- The Publisher can at any time send to the email address: admin(at)bluemoonmedia.net a message containing questions, comments or description of the problem related to the operation of the Blue Moon Media platform. In order to diagnose irregularities in the functioning of the platform, the Administrator reserves the right to interfere in the technical structure of the Publisher's account.
- The Regulations enter into force on 1st January 2020.