Advertising Service Agreement

Update: 2022.12.14

1. Relationship between You and Accuvally

   1. Accuvally Inc. (hereinafter “Accuvally”) provides advertising related services hereunder.

2. Acceptance of this Agreement

   1. Advertising provided by Accuvally's subsidiary internet service platform "ACCUPASS 活動通" and its related services and products (hereinafter “ACCUPASS”) in this Agreement is a service (hereinafter “the Service”) required to be given hereunder. When You use the Service, it indicates that You have read, understood and agreed to accept all of the terms contained herein. If You do not agree to accept all of the terms contained herein, ACCUPASS may not provide the Service.

   2. You agree to place advertisements on ACCUPASS and pay for advertising and service fees.

3. Scope and Content of the Service

   1. ACCUPASS provides the Service to You, and the scope and content of the Service are as follows:

      • (1) ACCUPASS provides Internet advertising scheduling, drafting and advertising, implementation, advertising outcome data and other related services.

      • (2) ACCUPASS advertises online according to Your requirements.

      • (3) ACCUPASS advertises in accordance with the schedule You set, however, advertising business platform service providers may delay the advertising due to examining or verifying the content of advertisements or other reasons.

      • (4) ACCUPASS additionally charges You a fixed percentage of the advertising budget as a system service fee, and the service fee is displayed in the advertisement publisher interface. The system service fee and taxes are shown in the attachment. ACCUPASS reserves the right to modify rates whenever necessary, and modifications take effect after announcement.

      • (5) Advertising restrictions vary from platform to platform; for instance, the minimum amount for every advertisement placement on Facebook is NT$5,000, and every advertisement shall be placed for at least 48 hours. ACCUPASS reserves the right to modify the advertising restrictions shown in the attachment whenever necessary, and modifications take effect after announcement.

      • (6) The Service commences instantly when You make full payment, and no refund request shall be accepted.

   2. You may set or adjust the content of an advertisement via ACCUPASS, and after the advertisement is placed, the content and relevant settings will not be adjusted.

   3. You may check through relevant data on the advertisement statistics page after placing an advertisement.

4. Payment and Refund

   1. After You set or adjusts the content of an advertisement, ACCUPASS guides You to the payment (pre-authorization). When the pre-authorization completes, ACCUPASS provides the content of the advertisement to the advertising business platform for content examining or verifying. Once the examination or verification is finished and the content is passed, the payment shall be requested.

   2. If the content examining or verifying or other reasons result in condensed advertising schedule, condensed time for advertising or few audiences, and therefore the advertising budget cannot be all used up, ACCUPASS shall refund the balance of unused advertising budget, but the system service fee shall not be refunded.

   3. ACCUPASS shall refund the balance of unused advertising budget as the result of early termination, end of schedule or other reasons. The refund and allowance processes proceed according to different invoices issued. The processes are as follows:

      • Duplicate uniform invoice or donation: a Credit Note will be issued simultaneously when refunding.

      • Triplicate uniform invoice: after the advertising is finished, You shall sign and stamp on a Debit Note in the month when the Debit Note is generated from the ACCUPASS platform and then upload the signed and stamped Debit Note to the ACCUPASS platform in the same month. Accuvally shall refund after the content or detail in the signed and stamped Debit Note is checked. If You cannot complete the process in the month when the Debit Note is generated from the ACCUPASS platform, You shall re-download a new Debit Note from the ACCUPASS platform and complete the process in the month when the new Debit Note is generated.

5. Intellectual Property Rights

   1. You hereby covenants and warrants that You have the ownership or perpetuity of the content (including but not limited to words, text, pictures, videos and computer files) used to place advertisements, and the content shall not infringe upon any third party’s rights, violate laws or regulations or be contrary to public order or morality. Should a third party claim its right or the content is in dispute, You shall bear relevant legal responsibilities and shall be fully responsible for the damages, costs and expenses incurred to ACCUPASS thereof.

   2. You hereby covenants and warrants that if any third party’s rights comprising advertising materials, soundtracks and pictures are involved, all necessary licenses, consents or approvals have been granted by such third party in advance in accordance with the law for purposes including being reproduced, publicly displayed, publicly distributed, or publicly transmitted on the internet.

   3. You shall ensure that the content of every advertisement and the commodities or services You provide or sell are not exaggerated, false, misleading, endangering the life and property of consumers, infringing upon the intellectual property rights or other rights of any third party, or violating laws and regulations. In the event of a breach, an infringement or a violation of any term or situation contained herein by You, You shall bear relevant legal responsibilities, and ACCUPASS shall Not be involved in or concerned with the event.

   4. You shall promise to comply with the policies and regulations of each platform regarding advertising. If an advertising business account cannot be used or an infringement of other rights or interests occurs on account of non-compliance with the policies or regulations, ACCUPASS may sue or file a claim against You for compensation, damages or indemnification.

      1. ACCUPASS shall not permit the following content to be launched and advertised:

         • pay-on-site information;

         • external links;

         • pornography or erotic information;

         • violation of laws;

         • transnational marriage information;

         • counterfeit, imitation or piracy information;

         • fraudulent behavior or conduct;

         • violation of regulations established by ACCUPASS pertaining to launching (on the Internet/market) or advertising.

      2. ACCUPASS shall not permit You to place the following advertisements on Facebook, the third-party advertising business platform:

         • E-commerce websites that sell imitations;

         • gambling information;

         • virtual currency;

         • Contract For Difference (CFD);

         • sell or promote weapons such as guns, ammunition or knives;

         • particular restrictions during the pandemic;

         • pornography or erotic information;

         • credit information;

         • employment or occupation information;

         • housing or habitation information;

         • social issues, election or political affairs information.

   5. You hereby covenants and warrants that the information or instructions provided from You shall not infringe upon the intellectual property rights or other rights of any third party. Should a third party claim its right after ACCUPASS places advertisements according to the instructions of You, You shall be obligated to handle the claim and shall be fully responsible. ACCUPASS shall Not be concerned with or involved in the claim.

   6. If the information provided by You violates the policies or regulations of the third-party advertising business platform, and therefore the advertising business account is closed or prohibited from being used, a refund request for unused advertising budget shall be rejected.

6. Ownership of Rights：

   1. ACCUPASS shall not grant or license to others or use for its own purposes with regard to words, pictures, photographs, sound recordings or any intellectual property rights provided or created by You without the prior written consent of You.

Attachment

System Service Fee：

Taxes：

Minimum Amount：

*ACCUPASS reserves the right to modify the advertising restrictions shown in the attachment whenever necessary, and modifications take effect after announcement.