Publisher Terms of Service · Last updated August 5, 2026
TERRAGAMING MEDIA LLC – PUBLISHER TERMS OF SERVICE
PLEASE READ THESE TERMS CAREFULLY. BY CLICKING “I AGREE”, CREATING A PUBLISHER ACCOUNT, OR EMBEDDING TERRAGAMING MEDIA WIDGET CODE OR SCRIPTS ON YOUR WEBSITE(S), YOU (“PUBLISHER” OR “YOU”) AGREE TO BE BOUND BY THESE TERMS.
THESE TERMS CONTAIN A BINDING INDIVIDUAL ARBITRATION CLAUSE AND CLASS ACTION WAIVER (SECTION 13) THAT AFFECT YOUR LEGAL RIGHTS.
This Publisher Agreement (“Agreement” or “Terms”) is entered into by and between TerraGaming Media LLC, a Washington limited liability company (“Network,” “TerraGaming,” “We,” or “Us”), and the individual or entity applying to participate or participating as a publisher (“Publisher” or “You”).
1. Enrollment & Account Approval
- (a) Account Eligibility: Participation as a Publisher is subject to application submission and explicit approval by TerraGaming. We reserve the right to refuse, suspend, or terminate access to any applicant or website property (“Property”) at any time for any or no reason. By enrolling, Publisher represents that if an individual, they are at least 18 years of age (or 21 years of age where required by local gambling/gaming regulations).
- (b) Authorized Properties: Publisher may only embed TerraGaming code, tags, and interactive widgets (“Widget Code”) on web properties approved in advance by TerraGaming. Publisher warrants that it owns or is the fully authorized technical and editorial decision-maker for each approved Property.
2. Widget License & Ad Implementation
- (a) Limited License: TerraGaming grants Publisher a non-exclusive, non-sublicensable, non-transferable, revocable license to embed TerraGaming’s interactive JavaScript/iframe Widget Code on approved Properties solely to display advertisements served by TerraGaming.
- (b) Code Integrity & Prohibited Modifications: Publisher shall NOT alter, modify, obscure, disassemble, reverse engineer, or tamper with TerraGaming’s Widget Code or its responsive behavior. Publisher shall not:
- Hide or overlay ad units (e.g., using display:none or overlapping CSS elements);
- Frame or alter ad landing page destinations;
- Place Widget Code inside emails, pop-ups, pop-unders, software applications, or private communication channels without express written consent from TerraGaming;
- Auto-refresh widgets or force page reloads without a direct user request.
3. Invalid Activity, Fraud, & Traffic Quality
- (a) Authentic Engagement: Clicks, widget interactions, impressions, and conversions on TerraGaming Ads must result strictly from genuine end-user interest.
- (b) Absolute Prohibition of Invalid Activity: Publisher shall not, and shall not permit or encourage any third party to:
- Generate invalid clicks, impressions, or widget engagements using bots, automated programs, spiders, scrapers, click-farms, or repeat manual clicking;
- Use deceptive layouts, misleading arrows, floating scripts, or unnatural gimmicks that trick users into clicking or interacting with widgets;
- Offer financial compensation, points, rewards, or incentives to end-users for clicking or interacting with Ads;
- Drive traffic to Properties via spam email, paid-to-click (PTC) programs, auto-surf exchanges, or malware.
- (c) TerraGaming Fraud Audit: TerraGaming utilizes automated detection systems and human review to track traffic quality. TerraGaming’s metric accounting shall be the sole and final determinant of valid traffic. TerraGaming reserves the right to withhold, adjust, or debit payments associated with invalid activity.
4. Property Content Standards & Gaming Compliance
Publisher represents and warrants that all approved Properties comply with applicable local, state, federal, and international laws. Properties MUST NOT contain or link to content that:
- Is illegal, promotes illegal activity, or infringes on third-party copyrights or trademarks;
- Contains malware, spyware, phishing scripts, or deceptive software downloads;
- Promotes hate speech, violence, harassment, or adult/sexually explicit material involving minors;
- Target or market gambling-related content to individuals known to be under the legal gambling age in their jurisdiction (e.g., under 21 in applicable US states).
5. Payments, Calculations, & Chargebacks
- (a) Payment Criteria: Subject to compliance with these Terms, Publisher will receive payments based on valid impressions (CPM), valid clicks (CPC), or valid widget engagements recorded by TerraGaming.
- (b) Payment Schedule & Threshold: TerraGaming will issue payouts on a Net-30 schedule (30 days following the end of the calendar month in which earnings accrued), provided the Publisher’s account balance equals or exceeds $100.00 USD (the "Payment Threshold"). Balances below $100.00 USD will roll over to the following month.
- (c) Advertiser Default & Clawbacks: Publisher acknowledges that TerraGaming operates as an intermediary network. Publisher is only entitled to receive payment for Ads for which TerraGaming has successfully collected payment from the advertiser. If an advertiser defaults on payment, files for bankruptcy, or clawbacks payment due to fraud, TerraGaming may withhold or debit corresponding amounts from Publisher’s account.
- (d) Taxes: Publisher is solely responsible for all applicable taxes, duties, and withholdings associated with payments received from TerraGaming. TerraGaming may require valid tax identification forms (e.g., Form W-9 or W-8BEN) prior to issuing payouts.
6. Termination, Account Closure, & Forfeiture
- (a) Termination at Will: Either party may terminate this Agreement or remove Widget Code at any time with or without cause.
- (b) Termination for Cause / Fraud: If TerraGaming terminates Publisher’s account due to breach of these Terms, traffic fraud, invalid clicks, or illegal property content, Publisher forfeits all right, title, and interest to any unpaid balance or pending payouts.
- (c) Inactivity: TerraGaming may close accounts that remain inactive (no impressions or logins) for six (6) consecutive months. Unpaid balances meeting the $100 threshold will be paid out upon closure.
7. User Data Privacy, Cookies, & Consent
- (a) Privacy Policy Requirement: Publisher must maintain a clearly labeled, publicly accessible Privacy Policy on every Property containing TerraGaming Widget Code.
- (b) Mandatory Disclosures: Publisher’s Privacy Policy must explicitly disclose that third-party ad networks (including TerraGaming Media LLC) serve ads and interactive widgets, and may place, read, or collect anonymized device identifiers, cookies, or IP addresses from visitors.
- (c) User Consent (GDPR / CCPA / State Laws): Publisher is solely responsible for obtaining legally valid user consent (via cookie banners or consent management platforms) for ad tracking, personalization, and cookies where required by applicable laws (including GDPR, UK GDPR, and state privacy laws).
8. Intellectual Property & Brand Features
Neither party acquires any right or title to the other’s intellectual property, except for the limited licenses expressly granted herein. Publisher shall not use TerraGaming’s trade names, logos, or brand features in press releases or external marketing without prior written permission. TerraGaming may include Publisher’s domain name and logo in client lists and network presentations.
9. Confidentiality
Publisher agrees not to disclose TerraGaming Confidential Information, including Widget Code source structure, widget performance statistics, click-through rates, revenue share percentages, or non-public beta features, to any third party without TerraGaming’s prior written approval. Accurate disclosure of Publisher's total gross payout is permitted.
10. Disclaimer of Warranties
TERRAGAMING PROVIDES THE NETWORK, WIDGET CODE, AND SERVICES "AS IS" AND "AS AVAILABLE." TERRAGAMING DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. TERRAGAMING DOES NOT GUARANTEE THAT SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR THAT PUBLISHER WILL EARN ANY SPECIFIC AMOUNT OF REVENUE.
11. Limitation of Liability
EXCEPT FOR INDEMNIFICATION OBLIGATIONS OR BREACHES OF INTELLECTUAL PROPERTY / CONFIDENTIALITY:
- NEITHER PARTY SHALL BE LIABLE FOR CONSEQUENTIAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES (INCLUDING LOSS OF PROFITS OR DATA) ARISING OUT OF THIS AGREEMENT.
- TERRAGAMING’S MAXIMUM AGGREGATE LIABILITY UNDER THESE TERMS SHALL NOT EXCEED THE NET AMOUNT PAID BY TERRAGAMING TO PUBLISHER IN THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE CLAIM.
12. Publisher Indemnification
Publisher agrees to defend, indemnify, and hold harmless TerraGaming Media LLC, its officers, directors, employees, affiliates, advertiser partners, and agents from any third-party claims, liabilities, costs, losses, or legal fees arising out of or related to:
- (a) Publisher’s Properties, site content, or user traffic;
- (b) Publisher’s breach of any provision, warranty, or representation in these Terms;
- (c) Publisher’s failure to comply with data privacy laws or user consent requirements.
13. Binding Individual Arbitration & Class Action Waiver
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS.
- (a) Mandatory Arbitration: Publisher and TerraGaming agree that any dispute, controversy, or claim arising out of or relating to these Terms, the Services, or Publisher payouts shall be settled by binding individual arbitration administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules.
- (b) Venue: The arbitration shall take place in King County, Washington.
- (c) Class Action Waiver: ALL CLAIMS MUST BE BROUGHT IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING.
14. Miscellaneous
- (a) Governing Law: These Terms are governed by the laws of the State of Washington, USA, without giving effect to conflict of laws principles.
- (b) Independent Contractors: The parties are independent contractors. Nothing creates an employment, agency, joint venture, or partnership relationship.
- (c) Modifications: TerraGaming may update these Terms at any time by posting notice in the Publisher dashboard. Continued use of Widget Code after 14 days constitutes acceptance of updated terms.
- (d) Legal Notices: Notices to TerraGaming must be sent via email to [email protected]
