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1. General
A deposit must be submitted to Findaholic in advance of
initial advertising. By submitting advertising for inclusion on Findaholic,
advertiser/agency agrees to be bound by the terms of this contract. No
conditions other than those set forth herein shall be binding on Findaholic.
This contract supersedes any previous agreements between Findaholic and
advertiser/agency relating to the subject matter set forth herein. Findaholic's
only obligation to serve advertisements hereunder shall be to serve
advertisements of the advertiser described herein, and in no event shall
Findaholic be obligated to serve advertisements for any other advertiser.
2. Right To Terminate
Findaholic reserves the right to terminate any account for
any of the following:
- We monitor all traffic. If your account is shown to be
sending an unreasonable amount of open proxy traffic, your account will be
deleted immediately without any warning.
- Any artificial means of generating traffic including, but
not limited to, hit bots, multiple clicking scripts, traffic from an open
proxy server, targeting specific keywords, hidden links, incentivizing
surfers in any way (including search-exchanges) or any other similar
activity will result in forfeiture of all monies owed and possible criminal
prosecution.
- Affiliate must have all referring pages written entirely in
English.
- All searches MUST originate from either the portalpage we
provide, or from our
searchbox located on your website. No other form of searches are acceptable.
Read our FAQ for more information.
- All affiliate's personal information must be filled out
completely. If any affiliate's personal information is false or is not
filled out completely that affiliate's account will be cancelled without
further notice. This includes both a first and last name, a street address
with house number, payment info, etc.
- Inactivity for 30 days.
- Publicly posting derogatory and/or slanderous statements
about Findaholic, or any of its subsidiaries or officers will result in
forfeiture of all monies owed.
Non-compliance will result in immediate termination of your
account. Non-compliance with these terms and conditions may result in the
forfeiture of all monies owed, permanent locking of the account and possible
criminal prosecution. Findaholic reserves the right to send payment via check
or money order to the mailing address supplied by our affiliates if fraudulent
activity is suspected. Findaholic reserves at their sole discretion the right
to terminate or ban any members account that is thought to have violated any of
the terms within this agreement. A banned account will remain banned for 3 days
before being deleted. During these 3 days an affiliate can contact Findaholic
to try to resolve the problems with the account. If an affiliate fails to
contact Findaholic within these 3 days, Findaholic assumes the affiliate does
not wish to resolve the problems and will delete the account. Any of the above
terminations can be carried out without prior notice. Findaholic shall have the
right, in its sole discretion, to determine whether Click-thrus are fraudulent
or derived from improper use of the searchbox(es). All decisions by Findaholic
are final.
3. Member Responsibility
All Users sent by you must come from a Web page. Only one
afilliate account is allowed per member. No incentivizing to search or targeted
keyword searches are allowed. Findaholic generally pays for clicks generated
from The United States, Canada, Australia, France, The Netherlands, Spain, England, Scotland, Ireland, Wales, Austria, Switzerland, Finland, Italy, Norway, Belgium, Denmark, Greece, Sweden, Iceland and New Zealand, but reserves the
right for certain advertisers to accept traffic from more or less countries.
Newsgroup postings with hyperlinks, e-mail links, ICQ, Instant Messages,
spamming or any other such practice that could reflect negatively on our
program are strictly prohibited. Failure to comply with this request will
result in the immediate cancellation of the account from which the clicks were
generated and may also result in the forfeiture of any funds owed to that
account. The action of sending any hits from any URLs which contain and/or
promote the following content: warez, MP3s, ROMs, newsgroup postings, SPAM
e-mails, or any other site which contains content or promotes activities which
are illegal in the United States will result in the immediate cancellation of
the account from which the hits were sent and the forfeiture of any funds owed
to that account.
4. Changes and Cancellations
Findaholic's advertising specifications are accessible in the
advertiser's member area, which can be accessed through the link "Log
In". Cancellations and changes can be made there. Findaholic reserves the
right to change any of its specifications at any time.
5. Delivery, Frequency and Makegood
All figures relating to the number of advertisements served
as determined by Findaholic shall govern, regardless of whether advertiser/agency
is using the services of a third party ad server. If Findaholic fails to
provide the guaranteed number of impressions, Findaholic will make good on this
contract.
6. Key Words and Phrases
Findaholic offers no exclusivity on keywords or phrases. Each
advertiser will be given ranking positions based upon the bid they enter on
keywords/phrases.
7. Rejections
Findaholic 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.
8. Licenses and Indemnification
Advertiser/agency grants Findaholic 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 Findaholic. 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 Findaholic's acceptance of such advertisements and information
for publication, the advertiser and agency will jointly and severally indemnify
and hold harmless Findaholic and its officers, directors, 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) Findaholic's performance
under this contract, and (iii) the copying, printing, distributing,
transmitting or publishing of advertiser's/agency's advertisements or
collateral information by Findaholic.
9. Limitation of Liability
UNDER NO CIRCUMSTANCES WILL FINDAHOLIC 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 FINDAHOLIC HAS BEEN ADVISED AS TO THE POSSIBILITY OF
SUCH DAMAGES.
10. CopyRight
All content of Findaholic.com is protected under copyright
law. Including but not limited to all images, HTML code, banners and logos.
Anyone found infriging upon these copyright laws will be reported and could
face possible criminal prosecution. Members of Findaholic are permitted to use
banner(s), portal(s) and or searchbox(es) provided as is. Altering banners,
portals or searchboxes without prior approval of Findaholic staff is strictly
prohibited.
11. Change Of Terms
Findaholic may, at any time, choose to edit, add and/or
delete portions of this agreement and impose changes without prior notification
of its members. If any modification is unacceptable to you, your only recourse
is to terminate this agreement. Your continued participation in the Findaholic
program and any use of the Findaholic Search Code property following our
posting of a change in policy notice or new agreement on our site will
constitute binding acceptance to the change.
Findaholic does not allow you to copy (parts of) this TOS
and/or our FAQ for your own use. Anyone who fails to comply with this request
agrees to pay Findaholic $10 each for using our copyrighted TOS and/or FAQ. We
have placed little, invisible tags on these pages, which will tell us
immediately when they are used anywhere else but on this site. When we find
anyone using (part of) either our FAQ or TOS, we will bill their paypal-address
for the amount owed (either $10 or $20). By copying our site, you agree to pay
this amount. We don’t hesitate to criminally prosecute anyone who fails to
pay this amount on request (yes, even for such a little amount: we feel very
strongly about protecting our work!).
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