Terms of Service

Agreement to These Terms

By accessing drivescalemedia.com, applying to the network, or sending or receiving traffic through us, you agree to these terms. If you are agreeing on behalf of a company, you confirm you have authority to bind it.

If you do not agree, do not use the site or the network.

What We Do

Drive Scale Media operates a performance marketing network. We connect publishers, who generate consumer interest through their own media, with advertisers, who pay for that interest on a per-lead, per-call or per-acquisition basis.

We provide tracking, reporting, quality screening and settlement between the two sides. We are not a party to the commercial relationship a consumer forms with an advertiser, and we do not provide the underlying products or services advertised.

Eligibility and Accounts

• You must be at least 18 and able to form a binding contract.
• Applications are reviewed individually. We may approve or decline any applicant at our discretion.
• Information you provide during onboarding must be accurate and kept current.
• You are responsible for all activity under your account credentials and must tell us promptly if you suspect they have been compromised.
• One entity may not operate multiple accounts without our written consent.

Publisher Obligations

If you send traffic to our campaigns, you agree that:

• Every lead is generated from media you are authorised to use, with disclosure that is clear and not misleading.
• You obtain and retain express written consent from the consumer before submitting their information, using the consent language we supply for the campaign.
• You do not alter, truncate or reposition required disclosures.
• You do not use incentivised, co-registration, bot, scraped, purchased or re-sold data unless the campaign explicitly permits it in writing.
• You comply with the Telephone Consumer Protection Act, CAN-SPAM and applicable state law covering the channels you use.
• You make your traffic sources available to us for review on request and do not misrepresent them.
• You do not bid on our brand terms or those of our advertisers without written permission.

Advertiser Obligations

If you buy leads or calls through the network, you agree that:

• Your offer, creative and landing pages are accurate and lawful, and you hold any licence or registration your industry requires.
• You use delivered leads only for the purpose described in the consent language presented to the consumer.
• You handle delivered personal information in line with applicable privacy law and honour consumer opt-out requests you receive.
• You do not resell or redistribute delivered leads without our written consent.
• You report return or credit requests within the window set out in your insertion order.

Lead Quality, Returns and Credits

We screen traffic before delivery, but no screening is perfect. Each campaign defines what makes a lead returnable — common grounds include disconnected numbers, duplicates within a stated window, wrong geography, or a consumer who denies making the enquiry.

• Return requests must be submitted within the window stated on the insertion order, with a reason code.
• Approved returns are credited against future invoices rather than refunded in cash, unless the agreement says otherwise.
• Return rates that materially exceed campaign norms may trigger a traffic review on either side.
• We may withhold publisher payment for leads an advertiser has successfully returned.

Payment Terms

To publishers

Payouts follow the schedule agreed at onboarding, subject to reaching the minimum threshold and to clearing our quality review. We may delay or withhold a payout where we are investigating suspected fraud or where an advertiser has disputed the underlying traffic, and we will tell you when we do.

From advertisers

Invoices are issued on the agreed cycle and are payable on the stated terms. Overdue balances may accrue interest at the lower of 1.5% per month or the maximum the law allows, and we may pause delivery while an account is past due.

Each party is responsible for its own taxes. Publishers must supply valid tax documentation before the first payout.

Prohibited Conduct

The following will result in immediate suspension and forfeiture of unpaid balances attributable to the conduct:

• Automated, bot-generated, emulated or otherwise fabricated submissions
• Falsifying, back-dating or reusing consent records
• Misrepresenting the identity of the advertiser or the nature of the offer
• Trademark infringement, or impersonating a government agency or well-known brand
• Cookie stuffing, forced clicks, hidden iframes or any method that creates attribution the consumer did not intend
• Interfering with our tracking, probing our systems, or circumventing campaign caps and filters
• Sending traffic from geographies or channels a campaign has excluded

Intellectual Property

The site, our platform, our reporting tools and the Drive Scale Media name and marks belong to us or our licensors. You may use creative assets we provide only to promote the specific campaign they were issued for, and only while that campaign is active.

You keep ownership of your own media properties and content. You grant us a limited licence to reference your traffic sources internally for quality review.

Confidentiality

Payout rates, campaign terms, advertiser identities and performance data shared through the network are confidential. Neither party may disclose them except to employees and advisers who need to know and are bound by equivalent obligations, or where disclosure is legally required.

Disclaimers

The site and the network are provided "as is" and "as available". To the maximum extent the law allows, we disclaim all implied warranties including merchantability, fitness for a particular purpose and non-infringement.

We do not warrant any specific lead volume, conversion rate, contact rate or return on spend. Past campaign performance does not predict future results. Figures shown on our website are illustrative of network activity and are not a promise of individual results.

Limitation of Liability

To the maximum extent permitted by law, neither party is liable for indirect, incidental, special, consequential or punitive damages, or for lost profits, revenue, data or goodwill, even if advised such damages were possible.

Our total aggregate liability arising out of or relating to these terms will not exceed the amounts paid or payable between the parties through the network in the three months preceding the event giving rise to the claim.

Nothing here limits liability that cannot lawfully be limited, including fraud.

Indemnification

You will defend and indemnify Drive Scale Media and its officers, employees and agents against claims, damages, penalties and reasonable legal costs arising from your breach of these terms, your traffic or creative, your handling of consumer data, or your violation of any law or third-party right.

Term and Termination

Either party may terminate on written notice. We may suspend or terminate immediately, without notice, where we reasonably suspect fraud, a legal violation or a serious breach of these terms.

On termination, properly earned and undisputed amounts remain payable. The sections on confidentiality, intellectual property, disclaimers, liability and indemnification survive.

Governing Law and Disputes

These terms are governed by the laws of the State of Wyoming, without regard to its conflict of law rules. The parties will attempt to resolve any dispute in good faith for 30 days before commencing proceedings.

Any dispute that cannot be resolved informally will be brought exclusively in the state or federal courts located in Wyoming, and each party consents to that jurisdiction.

Changes to These Terms

We may update these terms. The "Last updated" date reflects the current version. Material changes will be posted here, and where we hold your contact details we will notify you. Continuing to use the site or the network after changes take effect means you accept them.

Contact

Questions about these terms: legal@drivescalemedia.com

Drive Scale Media
30 N Gould St Ste N
Sheridan, Wyoming 82801
United States