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Terms of Service
BannerBond.com is wholly owned by AssnWeb LTD.
BannerBond Ad Marketing Terms and Conditions of Service:
The following terms and conditions (this "Agreement") is a legal agreement between AssnWeb LTD ("Company")
and you ("You" or "Your"), the user of the BannerBond website (the "Site"). You and Company may also be
individually referred to herein as a "Party" and collectively as "Parties". You agree to use the Site and any
additional services offered by Company in the future only in accordance with this Agreement. Company reserves
the right to make changes to the Site and the terms and conditions of this Agreement at any time.
Your continued use of the Site after any such modification and notification thereof shall constitute your
consent to such modification.
1. Use of the Service
The Site allows Company to create a banner exchange program (“Program(s)”) designed to increase the traffic
received by all those Affiliated Partners (“Affiliates”) that participate in the exchange. The Programs will
generate credits within the site proportional to the Affiliates’ use of the Site. These credits
are generated from a specific event (“Event”) defined as a traffic exchange to one or more Affiliate within
the system. Accrued credits may be spent within the system at the Affiliates discretion in trade for a volume
of Events to their own advertising. The Bounties have no cash value and are not transferable outside of the Site.
2. License
All websites, newsletters, companies, or individuals need official approval from Company before they can become
an Affiliate Partner ("Affiliate"). Only websites, affiliated websites and email distribution lists that have
been reviewed and approved are permitted to use the Site. Company reserves the right to withhold or refuse
approval for any reason, whatsoever.
- In order to be eligible to become a Company Affiliate, all websites, affiliated websites and email
distribution lists must meet the following criteria:
- Further to 2i) above, Company affiliates may not include content or links to content including
libelous, defamatory, abusive, violent, prejudicial, obscene, sexually explicit or illegal content or
pornographic, racial, ethnic, political, software pirating (e.g. Warez) or hacking, hate-mongering, or
otherwise objectionable content
Company grants You a non-transferable, non-exclusive limited license, if approved, to use the Site and any
data, reports, information or analyses arising out of such use, subject to the terms and conditions set forth
herein. You acknowledge and agree that You do not have, nor will claim any right, title or interest in the
Site software, applications, data, methods of doing business or any elements thereof. You may only access the
Site via web browser, email or in a manner approved by Company.
3. Fraud
Company actively monitors traffic for Fraud. If we detect fraud, your account will be made inactive pending
further investigation. If you fraudulently add leads or clicks or inflate leads or clicks by fraudulent
traffic generation (as determined solely by Company, such as pre- population of forms or mechanisms not
approved by Company), you will forfeit your entire commission for all programs and your account will be
terminated. Company reserves sole judgment in determining fraud, and you agree to this clause. It is the
OBLIGATION of the Affiliate to prove to Company that they are NOT committing fraud. Company will hold your
payment in 'Pending Status' until you have satisfactorily provided evidence that you are not defrauding the
system. We flag accounts that:
- Have click-through rates that are much higher than industry averages and where solid justification
is not evident.
- Have ONLY click programs generating clicks with no indication by site traffic that it can sustain
the clicks reported.
- Have shown fraudulent leads as determined by our clients
- Use fake redirects, automated software, and/or fraud to generate clicks or leads from our program
4. Termination
This Agreement shall commence upon Your acceptance and remain in effect until terminated. This Agreement
may be terminated by either Party upon three (3) days' notice. This Agreement shall terminate immediately
upon the dissolution or insolvency of either Party. Company reserves the right, in its sole and absolute
discretion, to terminate a Program and remove any advertisements at any time for any reason, upon notice to
You. Company also reserves the right to terminate Your access to the Site at any time without notice.
Termination notice will be provided via e-mail and will be effective immediately. All legitimate moneys due
to Affiliate will be paid during the next billing cycle. If Affiliate defrauds the system, then payment is
revoked as determined solely by Company.
The representations, warranties and obligations contained in paragraphs 5, 6, 7, 8, 9 and 10 shall remain in
full force and effect after termination of this Agreement. All payment obligations accruing prior to the
termination date shall survive until fully performed.
5. Representations and Warranties
- Your site must be in English.
- Your traffic must be primarily US-based, and You must have your own top level domain (e.g. BannerBond.com).
- You must be based in the United States, Canada, United Kingdom, or Australia.
- You agree not to send Unsolicited Commercial Email (i.e., SPAM). You cannot post any specific messages
to newsgroups, chat rooms, bulletin boards or any other places unless expressly approved in writing from
Company. You can post messages which are generic in nature and do not mention any specific client or offer,
which are expressly approved in writing from Company;
- You represent and warrant that: Your Media is in compliance with all applicable laws and does not contain
or promote, nor links to another website that contains, libelous, defamatory, abusive, violent, prejudicial,
obscene, sexually explicit or illegal content;
- You agree not to promote via website or link to websites containing any pornographic, racial, ethnic,
political, software pirating (e.g. Warez) or hacking, hate-mongering, or otherwise objectionable content;
- You agree not to engage in any illegal activity, in accordance with Federal Law, whatsoever;
- You own or have the legal right to use and distribute all content, copyrighted material, products,
and services displayed on Your Media; You agree to not use deceit when marketing Advertiser’s offers or
presenting these offers to consumers; You have the right, power, and authority to enter into this Agreement
and grant the rights specified herein;
- If instructed to do so by Company and/or if this Agreement terminates, You will immediately remove and
discontinue the use of any Site Data;
- If You are notified that fraudulent activities may be occurring on your Media, and You do not take
any actions to stop the fraudulent activities, then You are responsible for all associated costs and legal
fees resulting in these fraudulent activities;
- If any errors or undesirable results occur due to no fault of Company, Company shall not be responsible
for losses and You may not be compensated.
6. Customer Information; Non-Disclosure
All information submitted by end-user customers pursuant to a Program is proprietary to and owned by Company.
Such customer information is confidential and may not be disclosed by Company. In addition, You acknowledge
that all non-public information, data and reports received from Company hereunder or as part of the services
hereunder is proprietary to and owned by Company. All proprietary information is protected by copyright, trademark
and other intellectual property law. You agree not to reproduce, disseminate, sell, distribute or commercially
exploit any proprietary information in any manner. These non-disclosure obligations shall survive the termination
of this Agreement.
7. Limitation of Liability
THE INFORMATION, CONTENT AND SERVICES ON THE SITE ARE PROVIDED ON AN "AS IS" BASIS WITH NO WARRANTY. YOU USE THE
SITE AND RUN PROGRAMS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY LAW, COMPANY DISCLAIMS ALL
REPRESENTATIONS AND WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED, WITH RESPECT TO THE OPERATION OF THE SITE,
THE INFORMATION, SERVICES, AND CONTENT INCLUDED ON THE SITE AND PROVIDED BY COMPANY, INCLUDING BUT NOT LIMITED
TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. COMPANY DOES NOT REPRESENT OR
WARRANT THAT THE INFORMATION ON THIS SITE OR PROVIDED BY COMPANY IS ACCURATE, COMPLETE OR CURRENT.
8. Indemnity
You shall indemnify, defend and hold Company harmless from and against any and all claims, allegations,
liabilities, costs and expenses (including reasonable attorneys' fees) by third parties arising out of Your:
(a) improper use of the Site; or (b) breach or violation of this Agreement. Company shall indemnify, defend
and hold You harmless from and against any and all claims allegations, liabilities, costs and expenses
(including reasonable attorneys' fees) by third parties arising out of any actual infringement of intellectual
property rights resulting from Your use of the Company’s creative provided in connection with your regular use
of the Program
9. Miscellaneous
This Agreement contains the sole and entire agreement and understanding between the Parties relating to the
subject matter herein, and merges all prior discussions, whether through officers, directors, salespersons,
employees or consultants. Each Party is an independent contractor and not a partner, joint venture or employee
of the other. All notices shall be sent to the addresses submitted by You when signing up for the service by
certified mail, fax, email or courier. Company reserves the right to change any conditions of this contract
at any time, with or without notice.
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