Terms & Conditions
1. General. A deposit must be submitted to AffiliatedClick.com
in advance of initial advertising date. By submitting advertising
for inclusion on AffiliatedClick.com, advertiser/agency agrees
to be bound by the terms of this contract. No conditions other
than those set forth herein shall be binding on AffiliatedClick.com.
This contract supersedes any previous agreements between AffiliatedClick.com
and advertiser/agency relating to the subject matter set forth
herein. AffiliatedClick.com's only obligation to serve advertisements
hereunder shall be to serve advertisements of the advertiser
described herein, and in no event shall AffiliatedClick.com be
obligated to serve advertisements for any other advertiser.
2. Changes and Cancellations. Cancellations and
changes can be made via the advertiser login. AffiliatedClick.com's
advertising specifications are accessible through the advertiser
login. AffiliatedClick.com reserves the right to change any of
its advertising specifications at any time.
3. Delivery, Frequency and Makegood. All figures
relating to the number of advertisements served as determined
by AffiliatedClick.com shall govern, regardless of whether advertiser/agency
is using the services of a third party ad server. If AffiliatedClick.com
fails to provide the guaranteed number of impressions, AffiliatedClick.com
will make good on this contract.
4. Key Words and Phrases. AffiliatedClick.com offers
no exclusivity on keywords or phrases. Each advertiser will
be given ranking positions based upon the bid they enter on
keywords/phrases.
5. Rejections. AffiliatedClick.com reserves the right,
without liability, to reject, omit or exclude any advertisement
or to reject or terminate any links, buttons, boxes or banners
for any reason at any time, with or without notice to the
advertiser/agency, and whether or not such advertisement,
link, button, box or banner was previously acknowledged, accepted,
or published.
6. Licenses and Indemnification. Advertiser/agency
grants AffiliatedClick.com the right to use, reproduce, publicly
display and distribute advertiser's advertisments and collateral
information and warrants that advertiser/agency has the right
to grant such license. Advertiser/Agency represents that the
advertiser is the owner or is licensed to use the entire contents
and subject matter contained in its advertisements and collateral
information, including, without limitation, (a) the names
and/or pictures of persons; (b) any copyrighted material,
trademarks, service marks, logos, and/or depictions of trademarked
or service marked goods or services; and (c) any testimonials
or endorsements contained in any advertisement submitted to
AffiliatedClick.com. In addition, advertiser/agency represents
that the advertiser's advertisements and collateral information
do not violate any applicable local, state or federal law
or regulation. In consideration of AffiliatedClick.com's acceptance
of such advertisements and information for publication, the
advertiser and agency will jointly and severally indemnify
and hold harmless AffiliatedClick.com and its officers, directors,
shareholders, employees, accountants, attorneys, agents, parent,
affiliates, subsidiaries, successors and assigns from and
against any and all third party claims, damages, liabilities,
costs and expenses, including reasonable legal fees and expenses,
arising out of or related to: (i) advertiser/agency's breach
of any covenants, representations and warranties made therein,
(ii) AffiliatedClick.com's performance under this contract, and
(iii) the copying, printing, distributing, transmitting or
publishing of advertiser's/agency's advertisements or collateral
information by AffiliatedClick.com.
7. Limitation of Liability. UNDER NO CIRCUMSTANCES
WILL AffiliatedClick.com BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL
OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATON, FOR
LOST INCOME OR PROFITS, IN ANY WAY ARISING OUT OF OR RELATED
TO THIS CONTRACT, EVEN IF AffiliatedClick.com HAS BEEN ADVISED
AS TO THE POSSIBILITY OF SUCH DAMAGES.
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