Publisher Terms of Service

Article 1. Definitions

Each term used in the TOS is defined as follows.

1. “Publisher” shall mean a person or entity that uses the Service to guide Visitors to Advertiser Site by posting advertisements designated by Advertiser on its website or blog, and seeks to receive Publisher Reward through the Company by achieving the performance conditions set by Advertiser.
2. "Publisher Site" shall mean a website or blog on the Internet managed or operated by Publisher who registers for the Service.
3. "Advertiser" shall mean a corporation that intends to guide visitors to Advertiser Site by applying for the Service by the method prescribed by the Company and posting its own advertisement on Publisher Site.
4. "Advertiser Site" shall mean a website operated and controlled by Advertiser to sell its own products or services.
5. "Visitors" shall mean persons who browse an advertisement for Advertiser posted on Publisher Site and navigate from Publisher Site to Advertiser Site through the link in that advertisement.
6. "Management Screen" shall mean the web page that the Company provides to Publisher in the Service, and refers to the web page for Publisher who can select the advertisements Publisher wishes to "affiliate" and check the performance conditions.
7. "Affiliation" shall mean that Publisher selects the advertisement to be placed from multiple advertisements introduced on Management Screen of the Service, applies for advertisement placement to Advertiser, and Advertiser approves the advertisement placement to Publisher.
8. "Results" means the result of the visitors' product purchase or membership registration etc., on Advertiser Site that has transitioned from the advertisement posted on Publisher Site, and is recorded in the Service. Results then shall be subject to "judgment" of Publisher Reward by Advertiser.

Article 2. (Applicable to the Japanese Civil Code)

1. Please read the full text of the TOS before using the Service. Since the Service is an affiliate marketing service in which a large number of Publishers and Advertisers participate, the TOS shall fall under Article 548-2 of the Japanese Civil Code, and when Publisher agrees that the TOS shall be the content of the contract, Publisher shall be also deemed to have agreed to the individual terms of the TOS.

2. The TOS shall be effective from the date when Publisher is registered for the Service.

3. The provisions of this article shall apply not only to the TOS but also to the provisions posted separately by the Company within the Service.

Article 3. The Service

1. The Service is an affiliate marketing service. In the Service, when Affiliation is made between Advertiser and Publisher, and Visitors register, apply for, or purchase target products/services on Advertiser Site that have transitioned from the advertisement of Publisher Site, as a result of these actions, Advertiser shall pay Publisher Reward (financial compensation for Results as approved by Advertiser) through the Service.

2. Publisher may always view information such as the affiliate program in operation, the amount of Publisher Reward and the status of advertisement placement on Management Screen provided by the Company.

3. If there is a special provision in the individual contract (hereinafter referred to as "Individual Contract") concluded between Publisher and the Company, Individual Contract shall take precedence.

Article 4. Types of Publisher Compensation

There are the following types of Publisher Reward, and it is Advertiser's choice which reward type to use.

1. Click-based type:
   Reward shall be paid to Publisher according to the number of times an advertisement is clicked on Publisher Site. However, if the same Visitor clicks more than once a day, it will be calculated as one click.
2. Fixed rewards type:
   Reward shall be paid to Publisher When Visitors who access Advertiser Site by clicking an advertisement on Publisher Site makes a request for materials, user registration, or application on Advertiser Site, Publisher is paid according to the number of such actions.
3. Sales-based type:
   Reward shall be paid to Publisher When Visitors who access Advertiser Site by clicking an advertisement on Publisher Site purchase the target products or services on Advertiser Site, Publisher is paid according to the purchase amount.
4. Telephone talk-based type:
   Reward shall be paid to Publisher If Visitors who access Advertiser Site by clicking advertisements, placed on Publisher Site have conversations with Advertiser using its smartphone and conducts certain actions designated by Advertiser, such as completion of reservations, acceptance of counseling.

Article 5. Registration/Screening/Prohibition of multiple Accounts for the Service

1. If an individual or entity (“Applicant”) intends to be Publisher, it shall be required to apply for registration by completely and correctly filling out matters for application designated by the Company for the Service.

2. If the Company receives an application under Article 4.1, the Company will decide whether to approve the registration after conducting a necessary screening and shall notify the Applicant of its decision by email. If and when the Applicant receives a notice approving the registration, it shall be entitled to participate in the Service in its capacity as Publisher.

3. If an Applicant falls under the purview of any one of the following, the Company may refuse to approve the registration. Further, if it is found out after an Applicant is approved by the Company that it falls under the purview of any one of the following, the Company may cancel the registration at the discretion of the operator of the Service:

1. If the Applicant is less than 18 years-old;
2. If the registration of the Service for the Applicant has been deleted in the past;
3. If any false information is contained in the registered information;
4. If the Applicant provides any pornographic goods or services;
5. If the Applicant is related to a Ponzi scheme, a pyramid scheme, network business or the like;
6. If the Applicant commits any illegal or anti-social activities;
7. If the Applicant runs a religious company;
8. If the Applicant sells and distributes unduly high-ticket goods or so-called “information-goods” or the like; or
9. Other, if the Company deems it inappropriate.

4. If any website operated by an Applicant falls under the purview of any one of the following, the Company may refuse to approve the registration. Further, if it is found out after an Applicant is approved by the Company that such website falls under the purview of any one of the following, the Company may cancel the registration:

1. If the website contains any obscene or pornographic expressions or content;
2. If the website contains expressions or content that may likely infringe upon copyrights, trademark rights, well-known domains or any other intellectual property rights;
3. If the website contains expressions or content that may likely constitute libel or defamation or obstruction of business or may likely infringe upon the honor, privacy right, the right of portrait or the like;
4. If the website is related to a Ponzi scheme, pyramid scheme, network business or the like or is engaged in the referral of such business;
5. If the website is related to gambling or wagers (except for government operated games or lots and any other legal games);
6. If the website contains expressions or content in breach of applicable laws, ordinances, industry regulations, etc., or any illegal or anti-social expressions or contents;
7. If the website contains expressions or content that are offensive to public orders or morals;
8. If the website contains expressions or content related to religions;
9. If the website is intended to be only used by family members, friends or particular individuals;
10. If the website is not open to the public by way of, for example, requiring an ID or password for access;
11. If the website is deemed to be poor in substance or poorly understood;
12. If the website contains remarkably large amount of links to websites that fall under the purview of the items hereinabove; or
13. If the Company deems inappropriate.

5. If Publisher Site falls under any of the following reasons, the Company cannot accept the validity of the registration of Publisher Site with the Service as it is, so it is necessary to obtain the approval of registration again. If Publisher does not go through the approval procedure again, the Company may take the measures in accordance with the preceding paragraph:

1. When the contents of Publisher Site are changed significantly.
2. When changing the domain at the time of registration.

6. The Service prohibits the same person or the same company from acquiring multiple accounts as part of preventive measures against fraudulent activities, except when the Company consents in advance. If the use of the multiple accounts is found out, the Company shall be able to take measures to suspend the use without prior notice to Publisher.

Article 6. Affiliation with Advertiser

1. Publisher shall select an advertisement (or an affiliate program) on Management Screen that Publisher desires to place on Publisher Site.

2. If Publisher desires the Affiliation with Advertiser, Publisher shall apply for the Affiliation after having confirmed the type of advertisement, the amount of Publisher Reward, terms and conditions for placement, and the applicable prohibitions that shall be described on Management Screen. As a general rule, the amount of Publisher Reward posted on management screen does not include the consumption tax amount.

3. If Publisher applies for Affiliation and Advertiser approves it, Affiliation related to the placement of advertisements comes into effect, and Publisher shall be entitled to place its advertisements in accordance with the standards established by Advertiser. Publisher hereby acknowledges that the type of advertisement, the amount of Publisher Reward, terms and conditions for placement and/or prohibitions may be changed in accordance with the intentions of Advertise. If Advertiser disapproves the application for Affiliation or terminates Affiliation during the term of Affiliation, Publisher may not ask for the reason or file an objection, etc.

４. The Company may assign its own ranking (hereinafter referred to as "ranking." Ranking is related to the amount of compensation) in consideration of the content, type, nature, performance, etc. of Publisher Site. If The Company determines that Publisher Site violates the TOS, The Company may retroactively revise its ranking. Publisher cannot request disclosure of ranking reasons, etc.

5. Even if Advertiser is affiliated with Publisher, if Publisher violates the TOS, the Company may terminate Affiliation between Publisher and Advertiser in connection with the breach.

Article 7. Target/Approval/Confirmation of Achievement)

1. The target of the result of the service is the target of the advertisement placement result by the act of generating Publisher Reward such as product purchase, document request, membership registration, click of advertisement, telephone etc. specified by Advertiser, and also the target is what is recorded on the server. In the unlikely event that a record is not created due to reasons beyond our reasonable management due to natural disasters, etc., the Results target shall be determined based on the data declared by the advertiser or publisher.

2. Results judgment work shall be determined by Advertiser (or the Company if delegated by Advertiser) making a decision to approve or reject the individual Results targets.

3. Approval of Results shall be at Advertiser’s own discretion, and Publisher shall not request that the Advertiser or the Company disclose the standards for approval or reasons for disapproval, etc.

4. The Company shall pay Publisher Reward based on the Results finally fixed pursuant to the provisions of this article.

Article 8. Payment Method of Publisher Reward

1. The Company shall pay to Publisher Publisher Reward fixed according to the preceding article. Unless otherwise stated, Publisher Reward amount presented to Publisher is a tax-excluded notation that does not include the consumption tax amount.

2. As a general rule, Publisher Reward shall be paid monthly. However, if the monthly Publisher compensation amount is less than JPY 1,000, the Company shall withhold the payment until the cumulative amount reaches JPY 1,000.

3. Publisher who receives the payment of Publisher Reward shall enter the financial institution account (However, overseas bank accounts are not eligible.) in the name of the person as the transfer destination in advance in the transfer destination column of Management Screen. The Company shall pay the monthly Publisher compensation amount by transfer to the account of the financial institution listed as Publisher on the 15th day of the month following the month when the results are confirmed. The Company shall bear wire transfer charges for such payment. If the 15th day falls on a bank holiday, payment shall be made on the next business day.

4. If Publisher who receives Publisher Reward has not entered the financial institution account on the management screen by the 24th of the month before the payment date, or the financial institution account contents described by Publisher are incomplete or missing, etc., are incomplete. The Company shall withhold payment of Publisher Reward if it turns out to be a non-existent account. In addition, The Company shall require Publisher to fill in transferable account information. Therefore, if Publisher fills in the financial institution's account information on Management Screen, the Company shall transfer Publisher Reward on the next payment date (Usually the 15th of the following month <15th of the following month if notified from the 25th to the last day>) . If Publisher does not fill in the account information even by the prompt from the Company, The Company shall not transfer and will withhold the payment of Publisher Reward.

5. If the transfer cannot be made to the financial institution account listed by Publisher, the Company shall notify you accordingly. If the account information is not updated for one year after the notification, the Company shall be exempt from the payment obligation and Publisher shall be deemed to have waived the right to claim Publisher Reward. Publisher shall agree to the provisions of this Article in advance.

6. If the Advertiser fails to timely pay the Company advertisement fees, the Company may withhold payment of Publisher Reward to Publisher. If Advertiser fails to pay the Company advertisement fees, the Company may withhold payment of Publisher Reward to Publisher or not make such payment.

Article 9. Taxes and Expenses

1. With regard to payment of taxes imposed on Publisher Reward, Publisher shall make such payment to the competent tax office, etc., in accordance with laws and ordinances such as tax laws.

2. Any and all expenses that may arise from Publisher’s use of the Service shall be borne by Publisher.

Article 10. Implementation of monitoring

1. The Company shall monitor, at its discretion, whether Publisher is using the Service in accordance with the TOS.

2. If the Company determines as a result of the monitoring that Publisher conducts any act in breach of the TOS or any illegal or wrongful act in breach of applicable laws or may highly likely conduct any such act (collectively “Breaching Act”), the Company may refuse to pay the whole or a part of Publisher Reward.

3. If it is discovered as a result of the monitoring that Publisher has conducted any Breaching Act, the Company may delete the registration of Publisher without a demand. If Advertiser or the Company sustains damages, etc., due to Publisher’s Breaching Act, Advertiser or the Company shall be entitled to claims for damages from Publisher. Further, if such Breaching Act is deemed to be malicious, Advertiser or the Company may take steps such as a criminal complaint.

4. The implementation of this section's monitoring is at the Company’s discretion and shall not be construed as constituting the Company’s obligations in any way.

Article 11. Maintenance of the Service

Maintenance work of the Service may be done on a regular or irregular basis. Publisher shall not make an objection to any suspension of the Service during the maintenance period and shall not claim damages therefor.

Article12. Notices, Reports, Changes, and Deletion by Publisher

1. If Publisher makes changes in the contents of Publisher Site or Publisher Site becomes inaccessible, Publisher shall immediately make a registration of such change on Management Screen.

2. Publisher shall not cause itself or Publisher Site to fall under the purview of any item of Articles 5.3 or 5.4.

3. If it becomes impossible to use the Service or Publisher discovers any problem regarding the Service, Publisher shall immediately report it to the Company.

4. If there arises any change in the information registered for the Service, Publisher shall immediately register such change in the registered information. If any trouble, etc., arises due to Publisher’s failure to register such change in the registered information, Publisher shall, at its own responsibility and expense, handle such trouble, etc., and the Company shall assume no responsibility therefor.

Article 13. Management of ID and Password

1. Publisher shall assume any and all responsibilities for the use and management of the ID and password issued by the Company.

2. Publisher shall not have a third-party use the ID and/or password and shall not lend, assign or give them as security to or for the benefit of a third-party.

3. If the Service are used using the ID and/or password granted to Publisher, Publisher shall be deemed to have used the Service notwithstanding the fact that a third-party actually used the Service, and Publisher shall assume liability regardless of the reason for such use.

Article 14. Compliance with Laws for the Placement of Advertisements

1. Copyrights:

1. Copyrights is the right of the author to exclusively copy, translate, or adapt the work from the time of creation of the work until 70 years after the author's death. Therefore, in principle, copying, translating, or adapting a copyrighted work without the permission of the author is a copyright infringement;
2. Publisher shall not infringe the copyright of the Company or a third party or any other illegal act on Publisher Site.

2. Law Concerning Quality, Effectiveness, and Safety of Pharmaceuticals and Medical Devices ("Pharmaceutical and Medical Device Act"):

1. Publisher shall not, expressly or impliedly, advertise, describe or distribute any false, excessive or misleading articles in connection with the names, manufacturing process, efficacy, effects or performance of drugs, quasi-drugs, cosmetics or medical equipment;
2. In addition to the preceding paragraph, Publisher shall not, expressly or impliedly, advertise describe or distribute false, exaggerated or misleading articles regarding so-called health foods and diet foods. Publisher shall comply with Pharmaceutical and Medical Device Act.

3. Act against Unjustifiable Premiums and Misleading Representations:

1. Publisher shall recognize that quality, price, etc. are important criteria for consumers, including visitors, to choose products and services, and display them correctly and in an easy-to-understand manner;
2. In particular, good misidentification (misrepresentation of quality of goods / services, standards, and other contents), misrepresentation of advantage (misrepresentation of prices of goods / services, other transaction conditions), and other misidentifications by general consumers. Publisher shall pay attention to the misrepresentation designated by the Prime Minister as there is a risk of such damage; or
3. Regarding Act against Unjustifiable Premiums and Misleading Representations, Publisher shall be aware in advance that a measure order based on the prize labeling law shall be issued even if Publisher does not knowingly or negligently.

4. Other Applicable Laws:

Publisher shall comply with the prevailing laws and regulations in relation with the website operation and placement of advertisement, and any other laws and ordinances to control advertisement placement, and shall not conduct an act to unduly solicit Visitors, an act not to protect interests of Visitors, etc., an act intended to mislead the effects by way of excessive representations.

5. If Publisher causes damages to the Company due to any act provided in Article 14, Publisher shall compensate the Company for such damages. Further, if any trouble arises between Publisher and a third-party due to any act provided in this article, Publisher shall, at its own expense and responsibility, resolve such trouble, and shall hold the Company harmless therefor.

Article 15. Prohibitions

1. Unless it has obtained the prior consent of the Company, Publisher shall not enter into an advertisement placement contract directly with Advertiser without the Company or solicit Advertiser to do so. The provisions in this article shall survive the deregistration of Publisher, except the case where the counterpart to the contract is:

1. Advertiser who has participated in the Service on referral from Publisher; or
2. Advertiser who has referred the Service to Publisher and encouraged Publisher to participate in the Service.

2. If Publisher enters into an advertisement placement contract directly with Advertiser without informing and receive the written consent of the Company and in breach of the provisions of Article 15.1, Publisher shall pay to the Company equivalent to 30% of the advertising price of the advertising contract as penalty charges.

3. Publisher shall not conduct any act that is improper for the intentions of Advertiser or the purpose of the Service, such as the use of an expression to force, solicit or request that Visitors click advertisements in order for Publisher only to obtain Publisher Reward, an explanation that the advertisement adopts an affiliate system, or the statement of the amount of Publisher Reward, etc., except statements of, for example, recommendations of Advertiser Site.

4. Publisher shall not conduct an act to artificially increase the number of Results or intentionally increase the number of the subjects of Results using illegal means or with an improper purpose and in order for Publisher or its related entity to obtain Publisher Reward.

5. Publisher shall not, at the request of a third party, perform any act on behalf of a third party that is subject to payment of Publisher Reward, such as ordering or registration.

6. If any one of the following applies, Publisher shall not alter the HTML code for displaying advertisements that shall be transmitted by the Company or shall not cause a third-party to alter such code. If any one of the following does not apply, the Company may allow Publisher to alter such HTML code. However, if such alteration causes trouble to reflect the Results, Publisher shall be liable therefor:

1. If Advertiser prohibits the use of any code other than the HTML code for displaying advertisements that shall be transmitted by the Company;
2. If, upon alteration of the HTML code, advertisement expressions of image banners or text advertisements or the like will be modified;
3. If the information of any Publisher Site on which an advertisement is placed is intentionally concealed; or
4. If the Company otherwise deems inappropriate.

7. Publishers shall use and advertise the link for displaying advertisements delivered by the Company only on Publisher Site approved by Affiliation, and shall not use it on other sites not approved by Affiliation.

8. Since Publisher does not have a contractual relationship with Advertiser, regardless of any reason related to the Service (including confirmation of Results condition and reason for judging Results), Publisher will not contact Advertiser directly without going through the Company or any other purpose.

9. Publisher shall not engage in the following advertising activities: spamming by e-mail, posting on bulletin boards, or any other methods or means of inconvenience to a third party. Posting links on SNS other than YouTube and Instagram shall be prohibited.

10. If Advertiser prohibits attracting customers (site guidance) by placing Publisher's listing advertisement, Publisher will not place listing ads on using Advertiser's name, product name / service name, or keywords specified by Advertiser, except with the prior approval of Advertiser. In addition, if Advertiser or a third party suffers any disadvantage or damage due to the placement of a listing advertisement with this keyword, Publisher shall be liable for all of it.

11. Publisher shall not perform any act that affects the management screen or network of the Service (including acts that generate a large amount of access or attacks).

12. Publisher shall not encourage visitors to cancel or return products that do not meet Advertiser's intentions, such as referrals that presuppose cancellation or expressions that seem to recommend returns in connection with the targeted advertisement.

Article 16. Deregistration

1. The Company shall be entitled to deregister Publisher by notifying Publisher in the event of the following reasons without giving a notice such as correction. If the Company unregister Publisher, Advertiser's Affiliation with Publisher will be automatically terminated. In addition, even if Publisher or a third party suffers disadvantage or damage due to the procedure of deregistration, the Company shall not be liable therefor for any reason.

1. Any false fact is discovered in the information registered for the Service;
2. If any item of Articles 5.3 or 5.4 or Article 15 (prohibited matters) applies;
3. If the failure to give necessary notice to the Company causes hindrances to the operation or management of the Service;
4. If Publisher is unreachable from the Company and the operation or management of the Service is hindered thereby;
5. If Publisher breaches the TOS and fails to cure the breach upon a request for such cure;
6. If it is deemed that the Company should not provide the Service due to Publisher’s unfaithful or discredited conduct;
7. If Publisher has not logged in the Management Screen or no advertisement is transmitted or no advertisement is clicked for one year or more; or
8. If the Company deems that Publisher is not appropriate for a Publisher.

2. In the event of deregistration pursuant to the provisions of the preceding paragraph, the Company shall not pay Publisher any unpaid Publisher Reward at the time of deregistration. In addition, in the case of this article, the Company may claim all of the paid Publisher Reward, investigation costs and proceedings related to the preceding paragraph from Publisher at any time.

Article 17. Termination of Affiliation

1. If a contract between the Company and Advertiser is terminated, Affiliation between Advertiser and Publisher shall also terminate. The Company shall immediately notify Publisher hereof.

2. If Advertiser offers to terminate Affiliation with Publisher, the Company shall immediately notify Publisher thereof, and Affiliation shall terminate upon such notice being given.

3. Publisher shall remove the advertisement display link, banner, advertisement description, etc. from Publisher Site as soon as possible when Partnership with Advertiser is terminated.

4. If Affiliation terminates under the provisions of this Article, Publisher Reward accrued until the termination of Affiliation shall be paid in accordance with the provisions of the TOS.

Article 18. Withdrawal of Publisher

1. Publisher may at any time withdraw from the Service.

2. Upon completion of the procedure for Publisher’s withdrawal, the registration of the Service shall be deleted. Even if Publisher and Advertiser are in Affiliation when Publisher withdraws from the Service, the Affiliation shall automatically terminate.

Article 19. Handling of Publisher Reward at the time of Withdrawal

1. If Publisher withdraws from the Service, unpaid Publisher Reward incurred by the last day of the month preceding the month in which Publisher withdraws shall be paid. In addition, Publisher agrees that if the amount of unpaid Publisher Reward by the last day of the month prior to Publisher's withdrawal is less than JPY 1,000, Publisher shall waive Publisher Reward claim and shall not receive Publisher Reward.

2. If wire transfer cannot be made to the financial institution account registered by Publisher at the time of withdrawal, the Company shall be exempted from the payment obligation, and Publisher shall consent to the provisions of this section in advance.

Article 20. Offset Reservation

If the Company have a claim or debt to Publisher regardless of whether the repayment period has come or not, the Company may set off the claim and debt by notifying Publisher at any time.

Article 21. Handling of Personal Information

1. The Company shall comply with the privacy policy separately set for the handling of personal information acquired by the Company by providing the Service. The personal information shall mean the information about a living individual that can identify the individual by the name, date of birth or other description, voice, action, etc. contained in the information, and information that includes a personal identification code.

2. In order to prevent the occurrence of fraud in affiliate services, the Company shall provide Publisher information (Publisher's name, registered site information, email address, and registered financial institution account) that committed fraud to the Japan Affiliate Service Association. Then, the Company shall share the information with the member companies of the association and share it. Publisher shall agree to the provisions of this section in advance.

3. In case of any of the following, the Company may disclose Publisher’s registered information and transaction data that may be acquired through the operation of the Service:

1. If a court, police, tax office or any other administrative agency issues an order or conduct investigation, etc.; or
2. If disclosed to Advertiser required by operation of the Service; provided that this shall only apply when a confidentiality agreement is entered into with Advertiser.

4. The Company may use or disclose statistical information or the like regarding Publisher that cannot identify the specific individual.

Article 22. Handling of Action History Information

1. The Company shall acquire the action history information necessary for the operation of the Service. The action history information that the Company acquires is information that cannot identify a specific individual, and the Company shall use the action history information in order to improve the convenience of the Service and to analyze its information and utilize it as statistical information.

2. The action history information that the Company acquire is information that cannot be identified by individuals even by combining it, such as browsing page URL / time, advertisement display / click history, IP address, etc., and is acquired through "cookies" and "terminal information." Therefore, the action history information is not linked to personally identifiable information such as "personal information," so it does not correspond to so-called anonymously processed information under the Japanese Personal Information Protection Law. However, the Company shall handle this behavior history information in accordance with the law.

3. From advertisers and advertising agencies who use the Service, or from third parties such as its business alliance companies that are not directly related to the Service (hereinafter referred to as "advertisers") the Company may be entrusted with the analysis of behavior history information, analyze and analyze the behavior history information within the range necessary for the business, and provide the analysis results. In addition, the Company may disclose the analysis results such as the aggregated results of behavior history information to Publisher. In addition, when providing or disclosing the analysis results of behavior history information to advertisers and Publisher, the advertisers and Publisher will not be identified.

Article 23. Confidentiality

Publisher shall not disclose or divulge to a third-party the Company’s or Advertiser’s technical, business, sales or other information that Publisher has come to know in relation to the Service and that can be objectively recognized as confidential. This provision shall continue to apply after Publisher’s registration is deleted, provided that any information in the public domain shall be excluded.

Article 24. Intellectual Property Rights

Any and all copyrights, trademark rights and any other intellectual property rights related to the Service shall be owned by the entity, such as the Company or Advertiser that has provided such rights. Publisher shall use the whole or a part of the affiliate system or contents provided by the Company only within the scope of the approval granted by the Company or Advertiser, and shall not conduct any act beyond the scope of such approval that may infringe upon copyrights, etc., such as reprint, duplication, publication, broadcasting, and public transmission and shall not have a third-party to do so.

Article 25. Suspension, Change, Modification, Addition, Deletion of the Service

The Company may at any time suspend, change, modify, make an addition to or deletion from the Service. If the Company deems necessary, the Company shall previously inform or notify Publisher thereof.

Article 26. Contact

1. The Company shall make its notification or communication, etc., to Publisher by email or by way of posting the same on Management Screen of the Service.

2. If the Company makes its notification or communication to Publisher by email, such notification or communication shall be deemed to have reached Publisher on the date on which the Company dispatches the email.

3. If Publisher changes its email address or telephone number registered with the Company, Publisher shall immediately make changes in the registered information. If Publisher fails to make such changes and a notification or communication from the Company does not reach Publisher, the Company shall not be liable therefor.

Article 27. Exemption of Liability

The Company shall not be liable for compensation with regard to any damages sustained by Publisher using the Service except for any damages caused by any willful conduct or gross negligence of the Company.

Article 28. Responsibility for Nonconformity with Contract

If Publisher receives a notification from Advertiser or the Company that the content, quality or results of the advertisement on Publisher Site do not meet the purpose of the TOS (proper advertisement placement and operation), Publisher shall, according to the instruction by Advertiser or the Company, implement appropriate advertisement placement. In addition, in the event of damage to Advertiser or the Company, Publisher shall respond to damages (only if publisher has a cause of liability) or a claim for reduction of the price.

Article 29. Liability for Compensation

1. Publisher shall indemnify the Company or Advertiser for any damages.

2. If a trouble occurs with a third party, Publisher shall resolve it at Publisher's responsibility and expense, and if the trouble causes damages to the Company, Publisher shall compensate for the damages.

Article 30. No Assignment of Rights

Unless it has obtained the prior written consent of the Company, Publisher shall not assign a part or the whole of any rights under the TOS to a third-party, give the same as security or permit a third-party to use the same.

Article 31. Force Majeure

The Company shall assume no liability for the non-performance or delay of the whole or a part of the Service due to any event beyond the Company’s reasonable control, including, but not limited to, Acts of God, fire, earthquake, strike, flood, storm, epidemic, riots, terrorism, wars, acts of the government, interruption or disruption of communication services or Internet environment.

Article 32. No Warranty on Information Contained in Advertisements

Any information regarding Advertiser and the contents of its advertisement of products and services that the Company may provide to Publisher using the Service shall be one that may be currently provided by the Company, and the Company shall not warrant the completeness, correctness and usefulness of the information in the future, and the Company shall assume no liability for any consequences of Publisher placing advertisements using the Service.

Article 33. Provisions Regarding Antisocial Forces

1. Publisher hereby represents and covenants that Publisher does not fall under the purview of any of the following. If it is discovered that Publisher has made any false statement regarding such representation and covenant, Publisher shall agree that the registration of the Service shall be deleted. Further, Publisher hereby agrees that if Publisher or any association to which Publisher belongs sustains any damages thereby, the Party shall assume any and all liability therefor.

2. Publisher hereby represents during the use of the Service that it does not fall under the purview of any of the following during the use of the Service, and Publisher hereby covenants that it shall not fall under the purview of any of the following:

1. An organized crime group;
2. A member of an organized crime group;
3. A person who ceased to be a member of an organized crime group but five (5) years has not yet passed since then;
4. A quasi-member of an organized crime group;
5. An affiliate company of an organized crime group;
6. A corporate extortionist, etc., a racketeering group disguised as social campaign, etc., or a social intelligence violence unit, etc.; or
7. An entity or individual equivalent to any of the above (collectively “Organized Crime Group Member”).

3. Publisher hereby represents during the use of the Service that it does not fall under the purview of any of the following during the use of the Service, and Publisher hereby covenants that it shall not fall under the purview of any of the following:

1. An entity of which operation is deemed to be controlled by an Organized Crime Group Member;
2. An entity in the operation of which an Organized Crime Group Member is deemed to be substantially involved in;
3. An individual or entity that is deemed to unduly take advantage of an Organized Crime Group Member, among other things, in order to obtain illegal interests for himself, itself or for a third-party or to cause damages to a third-party;
4. An individual or entity that is deemed to advance funds, etc., or afford facilities to an Organized Crime Group Member; or
5. An entity of which officer or interested person who is substantially involved in which operation has a generally reprehensible relationship with an Organized Crime Group Member.

4. Publisher hereby covenants that it shall not and shall not cause a third person to conduct any act that falls under the purview of the following:

1. To request something using any violent act;
2. To request something using any illegal or undue act that is legally unwarranted;
3. In connection with any transactions, to make threatening utterances or actions or to commit any violent acts;
4. To cause damages to the reputation of the Company by spreading false information, using fraudulent means or forcible obstructions or to obstruct the business of the Company; or
5. To conduct any act equivalent to the above.

5. If the registration is deleted pursuant to the either provision of this Article, Publisher shall not make claims against the Company for any damages sustained by it due to such.

Article 34. Change of the TOS

1. The Company acknowledges that there are changes in various situations such as social conditions, economic circumstances, changes in the tax system, changes in laws and regulations, changes in the actual situation regarding the Service and other considerable reasons, in addition to cases where it is in line with the general interests of Publisher. If so, based on the provisions of Article 548-4 of the Japanese Civil Code, the contents of the TOS can be changed within the scope of the purpose of the Service specified in Article 3 without obtaining the prior consent of Publisher.

2. When the Company change the TOS based on the provisions of the preceding paragraph, the Company shall notify Publisher by displaying the contents of the changed TOS on our website or by notifying Publisher by the method specified by the Company. The changed TOS shall be applied from the day when a considerable period of one month or more specified at the time of this notification has passed.

3. If Publisher does not wish to continue using the Service after the TOS has been changed based on the provisions of paragraph 1, Publisher may withdraw from the Service until the date when the changed TOS set forth in the preceding paragraph apply.

4. If the Company changes the TOS without complying with the provisions of paragraph 1, the Company shall obtain individual consent from each Publisher regarding the contents of the changed TOS. In this case as well, the Company shall inform the contents of the changed TOS in accordance with the provisions of Paragraph 2.

Article 35. Governing Law

The TOS and the relationship between Publisher and the Company shall be governed by the laws of Japan and shall be applied.

Article 36. Jurisdiction

Any and all disputes arising out of or in connection with the TOS between Publisher and the Company shall submit to the jurisdiction of the Tokyo District Court or the Tokyo Summary Court depending on the amount of the lawsuit.

Article 37. Severability

Even if any provision of the TOS or a part thereof is determined to be invalid or unenforceable by law, the remaining provisions of the TOS and the rest of some provisions determined to be invalid or unenforceable shall continue to be in full force.

Article 38. Matters to be discussed

If there is any doubt about the interpretation of the TOS or any matter not stipulated in the TOS, Publisher and the Company shall discuss and resolve it in good faith.

Article 39 (Point back support system)

If Publisher gives incentives such as points and cash back on Publisher Site, Publisher may track the results by linking with our tracking system. The use of this point back system is limited to the case where Publisher is a corporation, and the actual operation shall be in accordance with the "Point back support system terms of use" separately established by the Company.

Effective Date: February 15, 2023
October 6, 2021