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installCore offers advertisers a cost-effective solution to mass distribute software, promote digital content and services, and acquire new users. installCore's sophisticated ad server works to show the right ads to the right users at the right times.

installCore platform features

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InstallCore Software Terms of Service

Last Updated May, 2013


These Terms of Service are a binding agreement between ironSource, Ltd., ("ironSource") and you, a natural person or a legal entity that wishes to advertise and launch a campaign ("Advertiser" or “you”) through the InstallCore platform ("InstallCore Platform") in order to distribute and promote your software (“Software”) to an end user ( “End User”) (“Terms of Service” or “Agreement”).

These Terms of Service are considered a binding and enforceable agreement between the Advertiser and ironSource, the owner and developer of the InstallCore Platform. Upon your approval of these Terms you shall receive a certified copy via your email address.

Scope of Service

  1. Subject to these Terms of Service, ironSource shall use reasonable efforts to promote your Software to End Users throughout the InstallCore Platform ("Offers"). You acknowledge that such Offers may be incorporated and promoted during the installation process of ironSource’s partner and/or affiliates’ software applications (“Affiliate”), as determined by ironSource at its sole discretion.

  2. You acknowledge that ironSource may offer other independent software vendors' (“ISV”) software during the InstallCore Platform installation process alongside with the Software ("ISV's Offers").

  3. ironSource makes no guarantees for a minimum number of times that an Offer will be displayed via the InstallCore Platform. ironSource shall have sole control and final approval on how the Offers will be placed, in general and in a specific territory, and in which order (compared to other ISV's Offers), and/or displayed in the InstallCore Platform.

  4. You hereby grant ironSource and its Affiliate’s a royalty-free, worldwide right and license by all means and on the Internet or other networks to (i) use, reproduce, reasonably modify, distribute, display and perform the Deliverables (as defined below) and (ii) use and display your logos, trademarks and trade names and marketing materials; solely for marketing and promotional purposes in connection with delivery of Offers through the InstallCore Platform and ironSource websites, subject to your trademark usage guidelines.

  5. ironSource shall have the right to remove any Offer from the InstallCore Platform at any time, if ironSource receives a notice from a third party or if ironSource believes, in its sole discretion, that displaying any such Offer will have an adverse impact, is in violation of these Terms of Service or any applicable law, in general or in a specific territory, or third party's right. ironSource will not be liable in any way for the removal of any such Offers.

  6. In case Advertiser notifies in writing that it require ironSource to pause a campaign and/or perform modifications in the Offer, ironSource shall have two (2) business days to perform such request. In the event that ironSource will not perform Advertiser’s request within said period, Advertiser may terminate these Terms of Service immediately upon a written notification without any liability for ironSource due to such termination.

  7. ironSource has the right to redesign, modify or update the organization, structure or operation of the InstallCore Platform, at any time, without notice to you and without any liability of any kind.

  8. You shall at your expense deliver and you will be solely responsible for providing to ironSource any content (as defined below) in connection with an Offer, including, without limitation, your Software and Deliverables, logos and other graphical material ("Materials") including, without limitation, the creative, wording and design, for your Offers (including text, pictures and graphics), copies of your Software (in executable form), as well as all relevant Software documentation and applicable End User licensing, terms of use and privacy policies links, as applicable to your software (collectively “Deliverables”).

  9. On an ongoing basis throughout these Terms of Service, you shall provide ironSource, at your sole expense, major and minor version updates, upgrades or other modifications of your Software and related Deliverables within the term agreed upon with ironSource as well as security updates, if applicable, immediately as they become available.

  10. At ironSource’s request, you will provide, at your sole expense, technical support to ironSource to facilitate ironSource’s display and distribution of Deliverables via the InstallCore platform. All Offers must be approved by ironSource at its sole discretion in order to be displayed on the InstallCore platform. ironSource shall have the right to modify any such Offers creative subject to your approval.

  11. You agree to direct all communications regarding any matter arising out of or relating to these Terms of Service solely to ironSource (and not any Affiliate), to assure diligent and professional care of such communication.

Geographic Territories Distribution

When providing your Deliverables and using the InstallCore Platform services, you will be asked to select the territories in which you wish your Software to be distributed via the InstallCore Platform. Upon your selection, ironSource's representative will contact you and will conclude the fee to be charged per each Software Installation performed via the InstallCore Platform (“PPI Rate”).

Considerations and Report

  1. In consideration for the services stipulated under this Terms of Service, you shall pay ironSource a flat PPI Rate as stipulated by ironSource (" Consideration").

  2. The calculation of the Consideration shall be the result of multiplying the number of installations made in respect of your Software, by the agreed PPI Rate per geographic location as detailed in the Questionnaire you have answered (“Installations”). Payment of Consideration shall be calculated solely based on ironSource's records maintained by ironSource. ironSource's records shall be deemed as a final and non-appealable proof for the purpose of computing the Consideration due and payable to ironSource pursuant to these Terms of Service (the "Calculation").

  3. Once a week, ironSource shall send you a report which includes complete Installation statistics and a demonstration of said Calculation, in a form determined by ironSource (the "Report"). The Report may be delivered to you via e-mail.

  4. You acknowledge that the InstallCore Platform Business Intelligence system ("BI") which may be provided to you as part of your agreement with IromSource is for your convenience only and in any event of contradiction between the BI system and the Report, the latter shall prevail. If you disagree with any of the Installation statistics details in the Report, it shall within the seven (7) days following the provision of said Report, send an e-mail to ironSource and indicate the reasons of such dispute. You agree to work with ironSource in good faith in order to resolve any such dispute and to arrive at agreeable Calculation; failing to do so in the time framework shall mean your confirmation to such Installation statistics and such claim or dispute will be waived and such charge will be final and not subject to any challenge. No dispute of any charges by you will delay payment of the Consideration when due.

  5. Value added tax (if applicable) shall be added to any payment made under these Terms of Service.

  6. You are solely responsible for paying all applicable taxes or charges imposed by any governmental entity in connection with your Software display in the InstallCore Platform, excluded ironSource’s income tax.

  7. You will pay the Consideration to ironSource on a monthly basis within thirty (30) days following the completion of each calendar month with respect to the preceding month.

Terms and Terminations

  • These Terms of Service shall be effective from the Effective Date and for a period of twelve (12) months and shall continue automatically for additional periods of twelve (12) months unless terminated as set forth herein ("Term").

These Terms of Service may be terminated in each of the following events:

  1. By either party upon seven (7) days prior written notification to the other party for any reason and without liability for such termination. Written notification may be given via e-mail.

  2. By ironSource, immediately without prior written notice, If you materially breach these Terms of Service, or with written notice, if you become insolvent, ceases to do business as a going concern, makes an assignment, composition or arrangement for the benefit of your creditors, or admits in writing your inability to pay debts, or your proceedings are instituted by or against it in bankruptcy under applicable insolvency laws, or for receivership, administration, winding-up or dissolution (other than in the course of a solvent reorganization or restructuring approved by the other party to these Terms of Service) or if you engages in any action that, in ironSource sole discretion, reflects poorly on ironSource or otherwise disparages or devalues ironSource's reputation or goodwill.

  • In the event of expiration or termination of these Terms or Service for any reason, ironSource shall immediately cease distributing and/or delivering your Offers in connection with the InstallCore Platform and any of all related services stipulated on your agreement with ironSource, and the terms of the following sections of these Terms of Service shall survive termination of these Terms of Service: Consideration & Reporting; Term & Termination; Disclaimers; Limitation of Liability; Indemnification; Confidentiality, Intellectual Property Rights and Miscellaneous.

  • ironSource will not be liable to you or any third party for termination of these Terms of Service. Furthermore, ironSource will have no obligation to maintain any information stored in its data centers related to you or any third party or to forward any information to you or any third party.

Representation and Undertaking

You hereby represent and warrant:

  • These Terms of Service constitute a full, valid and legally binding, enforceable obligation.

  • You have all requisite corporate power and authority to execute, deliver, and perform your obligations under these Terms of Service.

  • You are duly organized and in good standing under the laws of your state of organization;

  • Nothing contained in these Terms of Service or the performance thereof shall place you in breach or default of any obligation or other agreement, law or regulation by which you are bound or to which you are subject, or requires the consent of any person or entity.

  • Your Materials are in compliance with all applicable laws and industry best standards (including, without limitation, with the Children's Online Privacy Protection Act of 1998 and can-spam Act of 2003).

  • Without derogating from the above, not to engage in any illegal activity and to comply with all applicable laws, including United States Federal Law export laws, restrictions, and regulations.

  • You own or have the legal right to use and distribute all content, copyrighted material, products, and services included in your Materials.

  • The Software shall not uninstall or disable any of the ISV Content or any third party software functionality.

  • Your Software and/or related services are as claimed to be in the Offer screen displayed to End Users via the InstallCore Platform, and that ironSource will not be responsible for any discrepancy thereof.

  • Your Software and/or related services shall fully comply with standard industry guidelines, including, without limitation, with ironSource's Downloadable Application Guidelines. ironSource reserves the right to issue additional guidelines or requirements with respect to your Software from time to time and to request specific changes in the your Content to adhere to its standards and guidelines.

  • You acknowledge that, without limiting any other term of these Terms of Service or other remedies available to ironSource, in the event that you or any other third party engages in any Fraudulent Activity (as defined in the Downloadable Application Guidelines, ironSource shall have the sole and exclusive right to disable the InstallCore Platform or take any other applicable measures.

  • Your Software’s privacy policies and/or any activities undertaken by you shall comply with these Terms of Service and/or the InstallCore policies available at: here

  • You shall make no representations, warranties or agreements on behalf of ironSource and/or its Affiliates including, without limitation, in the Software and/or related website's End User license agreements, terms of use and/or privacy policies.

  • You will not perform any act which is libelous, discriminatory, defamatory, obscene, unlawful or otherwise unsuitable or which contains pornographic, obscene or graphically violent materials.

You agree that:

  • ironSource will not be responsible for, nor have any liability with respect to: (i) any agreement between you and an End User or an End User's breach of your privacy policies; (ii) Your failure to provide any of your privacy policies and/or to obtain valid consent to any of your End User license agreements and privacy policies from End Users; or (iii) Your failure to comply with the terms and conditions of your End User license agreements and privacy policies.

  • You will provide ironSource, via email, a complete description of all monetization processes conducted by you (and/or by any third party on your behalf) with respect to each of your Software that is being promoted through the InstallCore Platform under these Terms (the " Monetization Processes"). This Monetization Processes list will constitute an integral part of these Terms of Service. You hereby warrant that no change and/or modification shall be conducted in regard to the Monetization Processes without a prior written notification to ironSource (the "Modifications"). Furthermore, you warrant that such Modifications shall not be applied to any End Users who installed your Software via the InstallCore Platform prior to the execution of such Modifications.

Warranty Disclaimer

THE INSTALLCORE PLATFORM AND ALL RELATED TECHNOLOGY, MATERIALS AND SERVICES ARE PROVIDED “AS IS” AND IRONSOURCE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION THAT THE INSTALLCORE PLATFORM IS ERROR AND DEFECT FREE AND IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE. IRONSOURCE DOES NOT WARRANT THE RESULTS OF USE OF THE INSTALLCORE PLATFORM, AND YOU ASSUME ALL RISK WITH RESPECT THERETO.

Limitation of Liability

IN NO EVENT SHALL IRONSOURCE'S AND ITS OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOST DATA, LOST PROFITS, LOSS OF GOODWILL, LOST REVENUE, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE INSTALLATION PROCESS OR USE OF OR INABILITY TO USE THE INSTALLCORE PLATFORM OR ISV'S CONTENT UNDER ANY THEORY OF LIABILITY, INCLUDING BUT NOT LIMITED TO CONTRACT OR TORT (INCLUDING PRODUCTS LIABILITY, STRICT LIABILITY AND NEGLIGENCE), AND WHETHER OR NOT IRONSOURCE OR ANY THIRD PARTY WERE OR SHOULD HAVE BEEN AWARE OF OR ADVISED OF THE POSSIBILITY OF SUCH DAMAGE AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY STATED HEREIN. IN NO EVENT SHALL IRONSOURCE'S AGGREGATE LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATED TO THESE TERMS, TO THE FULLEST EXTENT POSSIBLE UNDER APPLICABLE LAW, EXCEED ONE THOUSAND U.S. DOLLARS (U.S. $1,000).

Privacy Policy and Data Usage

You acknowledge that ironSource may retain some personally identifying information about you such as your user name and e-mail address for future identifications purposes when login to InstallCore's website. ironSource may also retain other information with regard to your Software in order to provide you with better services.

You acknowledge that the InstallCore Platform technology contains automated reporting routines that will automatically identify and analyze certain aspects of use and performance of the Offers (including non-personally identifying, aggregate user and behavioral data) and provide reports to ironSource. ironSource will be free to use such data for its business purposes, including for improving the performance of the InstallCore Platform and Offers, subject to InstallCore's Terms of Service and Privacy Policy as shall be updated from time to time.

Confidentiality

During the Term of these Terms of Service and thereafter, you agree that you will not disclose or use (except as permitted herein) the "Confidential Information" (defined below) of ironSource without ironSource's prior written consent notwithstanding any termination or expiration of these Terms of Service. "Confidential Information" shall include any information of the disclosing party (ironSource or yourself) whether or not in tangible form, of a private, secret, proprietary or confidential nature, or treated by the disclosing party as such (including by marking such information as confidential or by informing the receiving party in writing of such disclosure of Confidential Information), including but not limited to information which relates to financial condition, plans, products, intellectual property analyses, projects, processes, systems, marketing, research or development activities, and all technical or scientific information or know-how, including software, technology, programming, specifications, materials, guidelines and documentation including the content of these Terms of Service, of ironSource or of any other person or entity as to which ironSource is obligated to maintain in confidence, which is disclosed to the undersigned in diagram, written or other recorded form. Without derogating the generality of the above, Confidential information shall also include (a) all ironSource's software, technology, programming, specifications, materials, guidelines and documentation relating to the InstallCore Platform, including the content of these Terms of Service; and (b) Offer acceptance rates or other statistics relating to Offer performance through the InstallCore Platform provided to you by ironSource, including via the Report and/or InstallCore Platform BI system; and (c) ironSource’s business or financial affairs, which may include business methods, marketing strategies, pricing, rates, competitor information, trade secrets, product development strategies and methods and customer, Affiliates, ISV’s and business partners' lists and identity. Confidential information shall not include any information that each party can verify with substantial proof: (i) is generally available or known to the public through no wrongful act of the non-disclosing party; (ii) was independently developed by the non-disclosing party; or (iii) was disclosed to the other party by a third party under no obligation of confidentiality to such party.

You hereby warrant that you will avoid of any usage, directly or indirectly, of any Confidential Information exposed to you (including but not limited to your partners, affiliates and/or employees) during your business relationship with ironSource or any ISV. Without derogating the generality of the above, you will not use any of such information in a manner that could be competitive with ironSource's businesses, except with the express written consent of ironSource.

Intellectual Property Rights

Nothing contained in these Terms of Service will grant either you or ironSource any right, title or interest in the trademarks, trade names, service marks or other Intellectual Property rights of the other Party. At no time during or after the Term will either party attempt or challenge or assist or allow others to challenge or to register or to attempt to register the marks of the other party.

Audit

ironSource and/or any of its affiliates may audit you to make sure you are in compliance with the Downloadable Application Guidelines, once in each 4 month period during the Term and once during the 90 day period following expiration or termination of these Terms of Service. The audit may be conducted by ironSource or by an independent third party auditor reasonably acceptable to you, at ironSource own expense. The audit will be conducted at a mutually agreed time during normal business hours. The third party auditor will be bound to confidentiality obligations substantially similar to the confidentiality obligations in these Terms of Service, and the results of the audit and all information reviewed during such audit will be deemed as your confidential information. The auditor may review only those records that are reasonably necessary to determine your compliance with the Downloadable Application Guidelines.

Indemnification

You hereby undertakes to defend, hold harmless, and immediately indemnify ironSource and/or its subsidiaries, affiliates, directors, officers, employees and agents (collectively "ironSource Group") against any and all claims, demands, suits, actions, costs, expenses, losses, damages and/or liabilities of any kind (including but not limited to reasonable attorney's fees) threatened, asserted or filed, brought, commenced or prosecuted by any third party against ironSource Group or in which any of ironSource Group may be involved in consequence of or relating to: (a) a breach or alleged breach of any warranty, representation or obligation made by you under these Terms of Service or of any third party rights; (b) any acts or omissions on the part of you; (c) the End Users' use of your Software; or (d) your violation of End Users license agreements, terms of use and privacy policies rights with respect to your Software.

Miscellaneous

  • These Terms of Service embodies the entire agreement and understanding between ironSource and yourself in relation to the matters referred to and supersedes any prior agreements, understandings, commitments or arrangements, oral or written, with respect hereto and no amendment to these Terms of Service will be binding upon either party unless confirmed in writing otherwise.

  • ironSource and you are and shall remain independent contractors, and nothing herein shall be deemed to create any agency, partnership or joint-venture relationship between the parties. Neither party shall be deemed to be an employee or legal representative of the other, nor shall either party have any right or authority to create any obligation on behalf of the other party.

  • Both Parties shall not be entitled to assign or transfer these Terms of Service or any of its rights or delegate any of its obligations under these Terms of Service without the prior written consent of the other party, which shall not be unreasonably withheld. Notwithstanding the above, it is agreed that such restriction shall not apply on ironSource in regard to a transfer of its obligations and/or rights stipulated under these Terms of Service to any affiliate, subject to written notification to you and written confirmation of the transferee that it agrees to such assignment.

  • These Terms of Service are not made for the benefit of any third party hereto.

  • Neither party shall be liable hereunder by reason of any failure or delay in the performance of its obligations on account of strikes, shortages, riots, insurrection, fires, flood, storm, explosions, earthquakes, Internet outages, acts of God, war, governmental action, or any other cause that is beyond the reasonable control of such party.

  • Whenever possible, each provision of these Terms of Service shall be interpreted in such a manner as to be effective and valid under applicable law but, if any provision of these Terms of Service is held to be invalid, illegal or unenforceable in any respect, such provision will be ineffective only to the extent of such invalidity, or unenforceability, without invalidating the remainder of these Terms of Service.

  • These Terms of Service shall be construed, controlled and governed solely by the laws of the State of Israel, without regard to conflicts of law principles or provisions. All claims and disputes arising under or relating to these Terms of Service will be settled by binding arbitration in the state of Israel. The arbitration shall be conducted on a confidential basis. Any decision or award as a result of any such arbitration proceeding shall be in writing and shall conclude in no longer than 45 days. Any such arbitration shall be conducted by an arbitrator experienced in internet commerce and advertising, appointed by the head if the Israeli bar association.

  • Any notice required to be given hereunder or request, demand or other communication under these Terms of Service or in connection herewith shall be in the English language and in writing, and may be given by fax, by e-mail (with receipt confirmation), by personal delivery or by sending the same through the post via prepaid registered envelope addressed to the party concerned at the address set forth in the preamble of these Terms of Service or any other address notified (and expressed to be so notified) to the other party for the purposes of this Section and any notice so given shall be deemed to have been served: (a) upon receipt when delivered personally; (b) upon verification of receipt via facsimile or e-mail; (c) within one (1) business days of being sent via overnight courier, or (d) within three (3) business days of being sent via registered or certified mail.

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