The following shall apply to all individuals and legal entities who are business partners, vendors, suppliers, and service users of IEC GLOBAL PTY LTD, a company registered under Australian Law with an Australian Business Number (ABN) of 15 632 349 850.
Unless otherwise specified, IEC GLOBAL PTY LTD shall be hereinafter referred to as "IEC GLOBAL" in this Agreement. If you are reading and entering into this Agreement on behalf of a Partner, you must ensure that you have obtained a legal and valid authorization from the said Partner. The Partner and IEC GLOBAL are each referred to in this Agreement as a "Party" and collectively as the "Parties".
This Terms of Service ("Agreement") from IEC GLOBAL governs the cooperation between IEC GLOBAL and You ("Party") for activities that monetize IEC GLOBAL-owned game applications registered on online stores and for other related business activities.
(The "Services") are managed and provided by IEC GLOBAL.
PLEASE READ THE FOLLOWING IEC GLOBAL TERMS OF SERVICE CAREFULLY AND ATTENTIVELY; IF YOU DO NOT FULLY UNDERSTAND AND AGREE TO ALL OF THE FOLLOWING AGREEMENTS, YOU ARE NOT PERMITTED TO ACCESS THE SERVICES IN ANY MANNER. YOU ARE DEEMED AS AGREEING TO THIS AGREEMENT BY ONE OF THE FOLLOWING METHODS:
YOU MUST ACCEPT THIS AGREEMENT BEFORE ENTERING INTO ANY AGREEMENT RELATING TO SERVICES WITH IEC GLOBAL.
IEC GLOBAL reserves the right, in its sole discretion, to amend, add or remove any portion of this Agreement at any time. Such modifications shall be made effective when posted by IEC GLOBAL on the official IEC GLOBAL website or delivered as a written notice to the Partner. The Partner is responsible for reviewing this Agreement periodically for changes. IF THE PARTNER DOES NOT AGREE TO ALL OF THE MODIFICATIONS, IEC GLOBAL WILL IMMEDIATELY DISCONTINUE PROVIDING OR USING ALL SERVICES.
This Agreement shall be effective from the date you commence providing or using Services from IEC GLOBAL and shall remain in full force and effect unless and until terminated by either Party in accordance with this Agreement.
IEC GLOBAL reserves the right, in its sole discretion, to amend, add or remove any portion of this Agreement at any time. Such modifications shall be made effective when posted by IEC GLOBAL on the official IEC GLOBAL website or delivered as a written notice to the Partner. The Partner is responsible for reviewing this Agreement periodically for changes. IF THE PARTNER DOES NOT AGREE TO ALL OF THE MODIFICATIONS, IEC GLOBAL WILL IMMEDIATELY DISCONTINUE PROVIDING OR USING ALL SERVICES.
This Agreement shall be effective from the date you commence providing or using Services from IEC GLOBAL and shall remain in full force and effect unless and until terminated by either Party in accordance with this Agreement.
(1) IEC GLOBAL is the Developer and Owner of Game Products, Mobile Applications on online stores/app markets (Apple Store, Google Store, Microsoft Store...) to help Partners release products, analyze big data, and improve the efficiency of monetization management as well as increase monetization revenue. Products from Partner that are transferred to IEC GLOBAL for release are owned by IEC GLOBAL during the effective period of the Agreement.
(2) Partners can collaborate with IEC GLOBAL in one or more of the following activities:
(3) According to the specific requirements of the business cooperation agreement with each Partner, IEC GLOBAL agrees to provide the Partner with Support Services and access to IEC GLOBAL's game management systems, user acquisition systems, advertising monetization systems, and data management systems;
(4) The Parties agree to collaborate in monetization activities and related activities and use commercially reasonable and lawful efforts to provide services to the partner as stipulated in this Agreement.
IEC GLOBAL will (i) provide Partners with access to its Products to enable Partners to upgrade, improve, and optimize their products to increase the number of users and optimize revenue from areas that allow for advertising on products; (ii) provide access to the product management system on the suitable Platform for Partners to use IEC GLOBAL's Services; and (iii) provide Partners with IEC GLOBAL's data analysis reports.
Partners will provide IEC GLOBAL with the source codes of their Products and allow IEC GLOBAL to publish them on IEC GLOBAL's online stores to generate revenue from areas that allow for advertising on IEC GLOBAL's distribution channels, including but not limited to Partner's distribution channels.
IEC GLOBAL RESERVES THE RIGHT TO ACCEPT OR REFUSE THE PARTNER'S REQUEST FOR COOPERATION WITHOUT ADDITIONAL EXPLANATION. FURTHER, IEC GLOBAL RESERVES THE RIGHT TO DETERMINE THE SCOPE OF IEC GLOBAL'S FEATURES, SERVICES, AND TOOLS AVAILABLE TO THE PARTNER TO PERFORM SERVICES.
During the provision and use of Services, Partner will be provided by IEC GLOBAL with restricted information necessary for Partner to access IEC GLOBAL's account. Partner shall keep the username and password of said account provided by IEC GLOBAL strictly confidential and shall not disclose it to any third party. Partner may not transfer it to anyone without written permission of IEC GLOBAL. Partner acknowledges that Partner will be responsible for all activities that occur under the IEC GLOBAL username and password.
IN THE EVENT OF ANY UNAUTHORIZED USE OF IEC GLOBAL'S ACCOUNT OR ANY OTHER BREACH OF SECURITY, THE PARTNER SHALL NOTIFY IEC GLOBAL IMMEDIATELY. PARTNER SHALL BE RESPONSIBLE FOR ANY ACTIVITIES RESULTING FROM ANY THIRD PARTY ACCESSING THE IEC GLOBAL ACCOUNT NAME AND PASSWORD AND SHALL BE RESPONSIBLE FOR COMPENSATION FOR ANY TECHNICAL, COPYRIGHT, AND FINANCIAL LOSSES THAT OCCUR.
The Partner shall possess the ownership and Intellectual Property Rights of Partner's Products, except for those rights retained by IEC GLOBAL under this Agreement. IEC GLOBAL shall retain exclusive ownership and Intellectual Property Rights of IEC GLOBAL's Products. Additionally, IEC GLOBAL shall own all data, including user data, that IEC GLOBAL collects through its data analytics system. No provisions in this Agreement shall be construed by either party as conferring any intellectual property rights or other rights to the other party's intellectual property rights.
Partner has the right to review the periodic Revenue statistics through the Platform of IEC GLOBAL's distribution channels with which it has a partnership and which are designated by IEC GLOBAL to allow Partner to receive direct revenue sharing. Partner agrees to accept the statistics recorded in the IEC GLOBAL Data Platform and/or provided by IEC GLOBAL as the official basis for measuring Revenue. Partner also acknowledges that in some cases, IEC GLOBAL will need to adjust some displayed statistics due to Fraudulent Activity, statistical errors, data anomalies, third party monitoring specifically agreed upon by both parties, or any breach of this Agreement by Partner. The Parties agree that IEC GLOBAL will not make any payments (and will not be liable to Partner) in connection with Fraudulent Activity at IEC GLOBAL's sole discretion.
IEC GLOBAL and Partner agree to apply the Payment Terms of this Agreement as follows:
(i) Partner will confirm Revenue statistics after the end of each month to record the shared revenue received.
(ii) IEC GLOBAL has the unilateral right to determine whether the Partner has violated this Agreement, relevant laws or regulations. Traffic obtained due to Partner's violation of this Agreement or illegal activity will not be counted as traffic for payment. In the event that IEC GLOBAL suffers losses due to the Partner's breach of this Agreement or illegal activities, IEC GLOBAL has the right to directly deduct the corresponding amount from the current or future Revenue payable to the Partner as compensation. If the entire Revenue has been paid by IEC GLOBAL to the Partner or the Revenue payable is not sufficient to cover the losses suffered by IEC GLOBAL, the Partner shall compensate IEC GLOBAL in other ways including but not limited to: Partner's Service Performance Guarantee Retention, Compensation.
This Agreement shall become effective upon the Partner's signing of any Business Cooperation Agreement or Service Agreement with IEC GLOBAL and shall remain in effect indefinitely unless terminated hereunder.
Unless it is expressed in a separate agreement, either the Partner or IEC GLOBAL may terminate this Agreement upon three days' prior written notice.