Terms and conditions

Partnership Agreement

Thanks for your interest in our programming and advertising services (the "Services")!

This small business partnership agreement, is by and between the following entities:

PapayAds Advertising, represented by Andrea De Donatis
VAT N.: PL5272950014
Ul. Siedmiogrodzka 1A, 01-204 Warszawa, Poland

The "Publisher".

As used in these Terms of Service, "you" or "publisher" means the individual or entity using the Services (and/or any individual, agent, employee, representative, network, parent, subsidiary, affiliate, successor, related entities, assigns, or all other individuals or entities acting on your behalf, at your direction, under your control, or under the direction or control of the same individual or entity who controls you). "We," "us" or "PapayAds" means Andrea De Donatis, and the "parties" means you and PapayAds.

The start date of the contract coincides with the date of the Publisher on the portal.

By using our Services, you agree to these Terms of Service. Please read these Terms of Service carefully.

The Terms

  1. The term shall commence on the Effective Date. The term shall continue for a period of one (1) year and shall automatically renew at the end of the one (1) year (collectively, the “Term”), unless otherwise earlier terminated by either party in accordance with this Agreement.
  2. PapayAds will perform a number of activities on the websites owned by the Publisher with the final scope of monetizing the traffic that the websites generate. The list of websites can be defined and updated during the length of the contract.
  3. List of the activities performed by PapayAds on the websites. - Self Service users may have only a partial support, limited to some of these activities.
    Website code evaluation. Website code optimization. Study of the best advertising solution. Advertising server setup. Connect advertisers’ systems to the servers to allow them to buy ads on the Publisher’s websites. Coding one by one the needed advertising banners to allow buyers to participate to real time auctions. Write the necessary code to collect data from website visitors and allow advertisers to gather information and users consent to respond to real time bids requests, buy the ads slots and send the advertisements.
  4. Activities performed after the first code implementation. - Self Service users may have only a partial support, limited to some of these activities.
    Daily analysis of the performances. Study of ways to improve results. Code updates to comply to new regulations (i.e.: GDPR, CCPA, more…). R&D: A/B testing of new codes and results comparison. New codes deployment. Apply to all websites important optimization discovered trough R&D. Server updates.
  5. PapayAds will totally represent and substitute the Publisher as the unique point of contact with the advertisers.
  6. PapayAds will collect all the revenues from the advertisers that should be paid to the website owners. From these amounts PapayAds will keep a revenue share as cost of the service.
  7. The amount visible in the publisher's dashboard is the NET revenue that will be paid to the publisher.
  8. Net Revenues shall be sent to Publisher by PapayAds within 45 days from the first day of the month following the month in which the Net Revenues were earned. Publisher shall be responsible for payment of any taxes on Gross Revenues.
  9. The minimum payment amount is $200. Papayads will not pay out any amount less than the minimum threshold. If monthly Net Revenue is lower than the minimum, it will be paid out in the first pay period where the balance exceeds the minimum payment amount.
  10. Net Revenues generated from prohibited content and/or fraudulent activities or in the event Revenues are uncollectible from Advertising Partners will not be paid by PapayAds to the Publisher. In the event these amounts have already been paid by PapayAds to the Publisher, PapayAds shall have the right to withhold the balance receivable from future Net Revenues or to require immediate payment from Publisher to PapayAds.
  11. PapayAds will not require the Publisher to send invoices for the sent Net Revenues. Both PapayAds and the Publisher agree that the simplified self-billing invoicing mechanism will be used. The Publisher agrees to accept invoices raised by the self-biller on their behalf and not to raise sales invoices for the transactions covered by this agreement.
  12. The Publisher will be responsible for all the contents published on the websites and for complying to local and global regulations.
  13. PapayAds declares that the code created by him/her constitutes a computer program subject to protection under Article 74 of the Polish Copyright and Related Rights Act (Journal of Laws 2021, item 1062).
    1. PapayAds grants the Publisher a non-exclusive and non-transferable licence to the code created on his behalf.
    2. The Publisher is the licensee of all the code produced by PapayAds.
    3. This license permits the use of such code as provided.
    4. Any changes to the code are granted upon agreement between the parties.
    5. The code created by PapayAds will be implemented and hosted on the Publisher's servers.
    6. The publisher may only use the code created for his own purposes. The code created by PapayAds is not publicly available. The Licensee may not, without the approval of PapayAds, make the code public in any form, either in full or in parts.
    7. As soon as PapayAds updates ( improves ) the code, the Publisher receives a non-exclusive and non-transferable licence to the code updated by PapayAds.
    8. In return for licensing the code to be developed, PapayAds will receive remuneration amounting to a % of the revenue from the advertisers. The method of determining the remuneration for granting the licence to the Publisher is set out in point 6 of this agreement.
    9. The licence is granted for the duration of this agreement. The licence granted shall be extended in the event of a prolongation of the term of the agreement. The Term may be terminated by PapayAds on 24 hours’ notice to Publisher.
      The Term may be terminated by Publisher on 24 hours’ notice to PapayAds.
      The Term may be terminated by PapayAds immediately if PapayAds reasonably believes there is any prohibited content or fraudulent activities.
      The Term may be terminated by PapayAds immediately if the Publisher operates changes to the code without obtaining prior consent from PapayAds.
  14. On the effective date of termination, all licenses granted hereunder shall terminate, all confidential information shall be returned to the respective party, PapayAds codes shall be removed from the Publisher’s websites and the Publisher shall cease use of any Publisher’s tag, code or other intellectual property.
  15. Any disagreements or claims related to the Contract shall be resolved via neutral arbitration in Poland.

By using our Services, the listed individuals certify that they have full authority to represent the partners to this agreement, and hereby enter into this small business partnership agreement.

Last update: 01/09/2021


If you have questions or requests regarding our collection and use of information, you can contact us.