Notice and Takedown procedure third party content
The core principles of Advidi are stability, tradition, respect and trust. It is from these principles that we consider it very important to have a proper notice and takedown procedure in place.
Therefore, alleged unlawful or inappropriate content on third party websites must be reported directly to the administrator of that website. However, when such content on a third party website is placed by an affiliate or advertiser with whom Advidi has a business relation, Advidi will inform the relevant affiliate or advertiser of the notification of alleged unlawful or inappropriate content and will request the relevant affiliate or advertiser to take immediate appropriate action. For the avoidance of doubt, Advidi is not responsible for content on third party websites and does not accept any liability forcontent on third party websites.
Advidi is in the performance marketing business and serves as an intermediary between affiliates and advertisers. As a result of Advidi only being an intermediary, it does not control the actions of affiliates and advertisers. Advidi does not control and is not responsible or liable for content hosted on and/or operated by third party websites and cannot remove content from such websites.
Article 1. Definitions
- Client: a party with whom Advidi has a contractual relationship regarding affiliate services (e.g. an affiliate or an advertiser).
- Intermediary: Bang! Media Group B.V., a company with limited liability, incorporated under Dutch law, acting under the trade name Advidi, having its registered place of business at Watertorenplein 8 (1051 PA) Amsterdam, the Netherlands, registered under number 34368707 in the trade register of the Dutch Chamber of Commerce.
- Notice: the notice by a private person or legal entity sent to Intermediary in which Intermediary is notified of alleged Third Party Infringing Material.
- Third Party Infringing Material: unlawful or inappropriate content on a third party website owned, operated or controlled by a Client, including content which is in violation of Intermediary’s general terms and conditions.
Article 2. Notice
- A Notice of alleged Third Party Infringing Material may be sent to Intermediary by email to the following address: email@example.com. The Notice must contain the following details:
- The contact information of the private person filing the Notice (including: name, address, telephone number and email address).
- A description of why the content should be considered as Third Party Infringing Material.
- All details reasonably required to enable Intermediary to identify the alleged Third Party Infringing Material (including: URL, a screen shot, registration or ID number etc.).
- All details reasonably required for Intermediary to preliminary determine that the alleged Third Party Infringing Material is unlawful or inappropriate or in violation of the general terms and conditions of Intermediary (for example: proof of copywrite, registration number, trade mark, name etc.).
- Upon receiving a Notice, the Intermediary will send a confirmation of receipt to the person that filed the Notice as soon as possible. The Intermediary will check the details of the Notice and if the information provided is incomplete or insufficient to pursue the further takedown procedure, the Intermediary shall request the person that filed the Notice to provide additional details prior to starting the takedown procedure.
- By sending a Notice to Intermediary, the person sending the Notice agrees to the terms and conditions of this notice and takedown procedure.
Article 3. Takedown
- Once the Notice contains all required information, the Intermediary shall commence the takedown procedure.
- The Intermediary shall first preliminary determine whether the Notice regards a website which is owned, controlled and/or operated by a Client.
- In case the Notice regards a website that is owned, controlled and/or operated by a Client, Intermediary shall try to determine whether the relevant content is still available on that website.
- In case the relevant website is not owned, operated and/or controlled by a Client or Intermediary has not been able to determine whether the relevant website is owned and/or controlled by a Client or the relevant content is no longer available on the relevant website, Intermediary shall inform the person who filed the Notice thereof and no further actions shall be taken by the Intermediary.
- In case the relevant website is owned and/or controlled by a Client and the content is still available on that website, Intermediary shall preliminary determine whether the content indeed qualifies as Third Party Infringing Material. Intermediary shall in any event (i) inform the Client of the Notice, (ii) inform the Client whether Intermediary on a preliminary basis considers the relevant content to be Third Party Infringing Material, (iii) if so, request the Client to take adequate measures and suggest what such measures should be (e.g. remove or block such content) and (iv) request the Client to report back to Intermediary on the measures so taken within 24 hours.
- If the measures so taken by the Client or the response from the Client are insufficient in the opinion of Intermediary, Intermediary shall request the Client to take further adequate measures and suggests what such measures should be.
- In urgent cases, Intermediary aims to complete the procedure described in Articles 3.1 to 3.5 within two business days. In other cases, Intermediary aims to complete the procedure described in Articles 3.1 to 3.5 within ten business days. Timing of this procedure is also dependent on how quick a Client responds to a Notice and therefore Intermediary cannot guarantee that the estimated response time can be fulfilled.
- Intermediary shall subsequently inform the person who sent the Notice on the outcome of the procedure described in Article 3.1 to 3.6.
- Intermediary is not responsible for Third Party Infringing Material and shall therefore never be liable for Third Party Infringing Material and the outcome of the procedure described in this Article 3.
Article 4. Abuse of Notice and Takedown Procedure
- In case someone submits a large amount of Notices which are unfounded or which relate to content of which already has been preliminary determined by Intermediary that it is not considered to be Third Party Infringing Material, Intermediary has the right to ignore all further Notices from that person.
Article 5. Applicable law and jurisdiction
- By sending a Notice to Intermediary, the person sending the Notice and Intermediary agree that any disputes or claims (including non-contractual disputes or claims) arising out of or in connection with the Notice (including the alleged Third Party Infringing Material) are governed by and construed in accordance with the laws of the Netherlands.
- The person sending the Notice and Intermediary irrevocably agree that the courts of Amsterdam have exclusive jurisdiction to settle any disputes or claim arising out of or in connection with the Notice (including non-contractual disputes and claims and including the alleged Third Party Infringing Material).