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This Agreement shall govern participation
in the Advertyz.com program ("www.Advertyz.com"). By participating in
the Program, you are agreeing to be bound by these Terms and Conditions.
The term 'customer' shall refer to any individual or entity who accepts
the terms and conditions of this Agreement by submitting the Program
registration. The Program is offered to you by Advertyz.com and Yesup
Ecommerce Solutions Inc.
PAYMENT:
All customers are required to pay one-hundred (100%) percent of the cost
of the campaign before its activation. Advertyz.com reserves the right
to set and negotiate specific payment terms on a Customer-by-Customer
basis.
Participation:
Advertyz.com shall have absolute discretion as to whether or not it
accepts a particular customer or site for participation in the
Advertyz.com Network
1. Advertyz.com will not deliver visitors to sites containing content
that is not appropriate for viewing by a general audience. The following
are examples (including but not limited to) of the type of sites we will
not deliver visitors to:
- sites with child pornography or
sites that contain links to such content
- Sites containing or linking to
software piracy
- Sites containing or linking to any
form of illegal activity (i.e., how to build a bomb, hacking,
'phreaking', etc.)
- Sites with gratuitous displays of
violence, obscene or vulgar language, and abusive content or content
which endorses or threatens physical harm
- Sites promoting any type of
hate-mongering (i.e., racial, political, ethnic, religious,
gender-based, sexuality-based or personal, etc.)
- Sites that participate in or
transmit inappropriate newsgroup postings or unsolicited e-mail
(spam)
- Sites promoting any type of illegal
substance or activity sites with illegal, false or deceptive
investment advice and money-making opportunities
- Sites with any type of content
reasonable public consensus deems to be improper or inappropriate
2. To insure compliance with
these terms and conditions, any Customers that change their content
after approval for membership MUST notify Advertyz.com of the changes in
writing IMMEDIATELY. If your site is changed during the campaign such
that it includes inappropriate content, Advertyz.com may stop your
campaign immediately. In this case, you will not be entitled to a
refund.
3. Your Advertisement Page can not
contain any other popup windows (unless specifically ordered in that
fashion). Any additional window generated by your site shall be
considered a popup window, including popups, pop-behinds, or exit popups
windows. If a popup window is installed on the URL at any time,
Advertyz.com may stop the campaign and you will not be entitled to a
refund.
4. Your Advertisement Page can not have background music or sounds
5. Your Advertisement Page can not contain scripts that alter users
browser settings
6. Your Advertisement Page can not contain any frame breaking codes.
Data Reporting (Stats): All Campaigns purchased on the
Advertyz.com Network are served, tracked and reported by Advertyz.com.
For Campaigns that involve third party serving/tracking, accounting may
be beyond the control of Advertyz.com. Campaigns that use third party
serving/tracking, such as Google Analytics, for auditing purposes may be
subject to alternate or additional controls. Advertyz.com is the sole
owner of all website, campaign, and aggregate web user data collected by
Advertyz.com. Customer only has access to website and web user data that
is collected as part of Customer's campaign.
Payment Liability: Advertyz.com reserves the right to hold Customer
and any agency, broker or other authorized representative of Customer
jointly and severally liable for all amounts owed to Advertyz.com.
Subscription Campaigns Any client wishing to
discontinue their monthly subscription
campaign may do so at any time. To do this YOU must log in to Paypal
yourself and find your last subscription payment to us. From there you
will find a "Cancel Subscription" option. We CAN NOT cancel the
subscription on our end. A subscription will continue to be billed each
month until cancelled by the client. Any subscription payments that go
through before cancellation will NOT be refunded ... No
Exceptions
Free Campaigns
are limited to one campaign per client, per domain. Anyone found to be
misusing or taking advantage of the Free Campaign Program offered by
Advertyz.com will have all free campaigns terminated immediately and, at Advertyz.com's discretion, will have any paid campaigns suspended
without refund.
Rates: All advertising rates are subject to change at any time.
GENERAL:
Representations and Warranties: Customer hereby indemnifies and holds
harmless Advertyz.com and the Publishers (including their successors,
directors, officers, employees, agents, assigns) from and against all
claims, loss, liability, damage and expense of any nature (including
attorneys' reasonable fees) in connection with the Advertisement URL and
its linked websites, for any actual or alleged breach of any term of
this Agreement.
Damages: In no event shall either party be liable for special, indirect,
incidental, or consequential damages, including, but not limited to,
loss of data, loss of use, or loss of profits arising thereunder or from
the provision of services.
Limitation of Liability: Neither Advertyz.com nor the participating
sites will be subject to any liability whatsoever for (a) any failure to
provide reference or access to all or any part of the Advertisement URL
due to systems failures or other technological failures of Advertyz.com
or of the Internet; (b) delays in delivery and/or non-delivery of a
campaign, including, without limitation, difficulties with a Publisher
or Website, difficulties with a third-party server, or electronic
malfunction; and (c) errors in content or omissions in any Advertisement
URL provided by Customer.
Modifications:
The Program reserves the right to change any of these terms and
conditions at any time without notice. You are responsible for complying
with any changes to the terms and conditions within 10 days of the date
of change.
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