The AdClickMedia Service ("Service"), owned and operated by Multiple Stream Media, LLC., is provided to you ("Member", "Advertiser") under the Terms and Conditions of this AdClickMedia Service Agreement ("Terms"), and any amendments thereto and any operating rules or policies. AdClickMedia reserves the right, in its sole discretion, to change, modify, add or remove all or part of the AdClickMedia Service Agreement at any time. If any modification to this agreement is unacceptable to you, your only recourse will be to terminate this agreement. Your continued participation with AdClickMedia following our posting of a new agreement on our site will constitute a binding acceptance of the change.
1.1 By accepting the Terms and Conditions of the AdClickMedia Service Agreement, the Member
(a) represents and warrants that s/he is of
at least 18 years of age
(b) agrees to provide accurate, current and complete information about Member as prompted by the Account Registration Form; and
(c) agrees to maintain and update this information to keep it accurate, current and complete.
If any information provided by Member is inaccurate, not current or incomplete, AdClickMedia has the right to terminate Member's account and refuse any and all current or future use of the AdClickMedia Service.
1.2 BY COMPLETING THE ACCOUNT REGISTRATION PROCESS, AND CLICKING THE "CREATE ACCOUNT" BUTTON, YOU AGREE TO BE BOUND BY THE ADCLICKMEDIA SERVICE AGREEMENT. If these Terms and Conditions or any future changes are unacceptable to you, you may cancel your account pursuant to Section VI (6.0) regarding Termination of Service.
II. DESCRIPTION OF ADCLICKMEDIA SERVICE:
By completing Registration, Member creates an account with AdClickMedia. Member accounts can function as both an Advertiser and/or Publisher ("Publisher" and "Advertiser" respectively). The dual role of an AdClickMedia account gives the AdClickMedia Member the ability to purchase photo-text and interstitial advertising in the Advertiser role, and promoting Advertiser ads on the Member's website in the Publishing role.
2.1 Editorial Review - AdClickMedia will review each website individually, and has the right to reject the Advertiser's website for any reason. Upon passing the editorial review, the website will be allowed in the AdClickMedia service. AdClickMedia will review each photo-text or interstitial ad individually, and reserves the right to reject said photo-text or interstitial ad for any reason.
2.2 Technical Support - Members may receive technical help and resolve billing inquiries by contacting AdClickMedia Technical Support at (845) 383 1138, or by opening a Support Ticket here.
2.3 Neither this AdClickMedia Service Agreement, nor any documentation furnished under it is intended to express or imply any warranty that the AdClickMedia Service will be uninterrupted, timely or error-free. ADCLICKMEDIA'S LIABILITY TO MEMBER SHALL NOT, FOR ANY REASON, EXCEED THE AGGREGATE PAYMENTS ACTUALLY MADE BY MEMBER TO ADCLICKMEDIA OVER THE COURSE OF THE EXISTING TERM.
2.4 USE OF ADCLICKMEDIA SUBMISSIONS - By submitting material or web page listings to the AdClickMedia Service (including information regarding the listing) you are irrevocably granting AdClickMedia, its licensees, and any entities in the AdClickMedia Network, the right to use all parts of the material without limitation including, but not limited to, modifying it or using it commercially and authorizing others to do so. AdClickMedia reserves the right to edit, refuse, reject or remove any website or ad panel at its discretion at any time from the AdClickMedia Service.
III. MEMBER REPRESENTATIONS:
Member affirms that he is the legal owner of the URL specified in his Advertiser account, an employee of the legal owner of the domain, or has obtained express written permission from the legal owner of the domain for use of AdClickMedia's Advertiser Service with the aforementioned domain. Member expressly agrees to indemnify AdClickMedia from any claims by any third party arising from use of the Advertiser Service with the specified URL.
IV. FUNDING POLICY:
AdClickMedia Advertiser accounts feature an Auto-Renewal or "re-bill" feature, which is designed to ensure continuity of service. Auto-Renewal automatically funds Member's Advertiser account from Member's credit card when Member's Advertiser funds go below a certain user-defined amount. Any Member utilizing this feature irrevocably grants their express permission for AdClickMedia to re-bill their credit card at the Advertiser's defined "re-bill" interval. AdClickMedia reserves the right to change payment dates, amounts, and service(s) at any time, with or without prior notification to member, which may be posted on the AdClickMedia website, in Member's AdClickMedia account, or emailed to Member.
Email PPC Refunds: A $50 handling fee will be deducted before any refund is issued for Email PPC campaigns.
4.1 MINIMUM DEPOSIT: AdClickMedia Advertisers must deposit a minimum of $25.00 in their Advertiser account in order to initiate advertising services. All funds maintained in Advertiser account will be distributed equally among currently active ad campaigns to ensure continuity of service. AdClickMedia reserves the right to reject any deposit at any time if fraud is suspected.
4.2 MINIMUM COST PER CLICK: As of 5/22/2009, the minimum cost per click to initiate promotion services has changed. The minimum cost per click required to start a photo-text ad is $0.05 regardless of interest category. The minimum cost per click required to start a full-page interstitial ad is now $0.20 regardless of interest category. AdClickMedia reserves the right to change payment dates, amounts, and service(s) at any time, with or without prior notification to member, which may be posted on the AdClickMedia website, in Member's AdClickMedia account, or emailed to Member.
V. CLICK FRAUD: All AdClickMedia campaigns are closely monitored for fraudulent activity by AdClickMedia. Publisher accounts believed to be responsible for fraudulent clicks will be automatically restricted from use of their Publisher area, and investigated for click fraud. Any revenue believed to be generated by fraudulent clicks will be refunded to the Advertiser in good faith. CLICKING ON YOUR OWN AD PANEL COUNTS AS CLICK FRAUD AND WILL RESULT IN AUTOMATIC TERMINATION. AdClickMedia reserves the right to reject any or all requests for investigation of assumed click fraud by any Member at their discretion.
VI. TERMINATION: AdClickMedia may terminate the Service with or without cause at any time, effective immediately and without prior notice. AdClickMedia may terminate a Member via written or email notice as necessary. Request of Termination initiated by Member must be requested via email. AdClickMedia shall not be liable to Member or any third party for Termination of Service.
Should Member object to any Terms and Conditions of the AdClickMedia Service Agreement or any subsequent modifications hereto, or become dissatisfied with the Service in any way, the AdClickMedia Member's sole recourse is to immediately
(a) open a Support Ticket, or
(b) contact AdClickMedia directly; or
(c) request termination of AdClickMedia account.
Upon termination of the AdClickMedia Service, Member's right to use the Service instantly ceases. Member shall have no right, and AdClickMedia shall have no obligation thereafter, to forward any information associated with Member's account. Any amount(s) paid for the month in which you cancel, and/or any fee(s) for any month expired before your termination, is non-refundable.
6.1 AdClickMedia Service may terminate Member without any prior notice if Member has materially breached or is otherwise not in compliance with any provision of the AdClickMedia Service Agreement, and such breach or noncompliance is not cured within such thirty (30) day period. AdClickMedia reserves the right to immediately suspend or terminate any Member, website, and/or restrict Member's access to the AdClickMedia service until any breach or noncompliance is cured.
6.2 TERMINATION FOR ILLEGAL OR OTHER ACTIVITY: AdClickMedia may, but has no duty to, immediately terminate Member and remove it from AdClickMedia servers if in its sole discretion AdClickMedia concludes that Member is engaged in illegal activities or the sale of illegal or harmful goods or services, or is engaged in activities or sales that may damage the rights of AdClickMedia or others. Any termination under this Section shall take effect immediately, and Member expressly agrees that it shall not have any opportunity to cure.
6.3 WAIVER: By opening an AdClickMedia account, Member expressly waives any statutory or other legal protection in conflict with the provisions of this Section 6.
6.4 DELETION OF INFORMATION: Upon termination, AdClickMedia reserves the right to delete from its servers any and all information contained in Member's account including, but not limited to, order processing information, mailing lists, and any data generated by the Service software.
6.5 The provisions of Section 7.0 (VII. EXCLUSION OF WARRANTIES), to Section 13.0 (XIII: GENERAL LEGAL TERMS) of this AdClickMedia Service Agreement shall survive any termination of the Agreement.
VII. EXCLUSION OF WARRANTIES
7.1 NOTHING IN THESE TERMS, INCLUDING SECTIONS VII TO XIII, SHALL EXCLUDE OR LIMIT ADCLICKMEDIA?S WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
7.2 YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE."
7.3 IN PARTICULAR, ADCLICKMEDIA, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT:
(A) YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS,
(B) YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR,
(C) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, AND
(D) THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICES WILL BE CORRECTED.
7.4 ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
7.5 NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ADCLICKMEDIA OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
7.6 ADCLICKMEDIA FURTHER EXPRESSLY DISCLAIMS
ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR
IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND
CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
VIII. LIMITATION OF LIABILITY
8.1 SUBJECT TO OVERALL PROVISION IN PARAGRAPH 7.1 ABOVE, YOU EXPRESSLY UNDERSTAND AND AGREE THAT ADCLICKMEDIA, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS SHALL NOT BE LIABLE TO YOU FOR:
(1) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY.. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS;
(2) ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF:
(A) ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE SERVICES;
(B) ANY CHANGES WHICH ADCLICKMEDIA MAY MAKE TO THE SERVICES, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICES (OR ANY FEATURES WITHIN THE SERVICES);
(C) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SERVICES;
(D) YOUR FAILURE TO PROVIDE ADCLICKMEDIA WITH ACCURATE ACCOUNT INFORMATION;
(E) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL;
8.2 THE LIMITATIONS ON ADCLICKMEDIA?S LIABILITY TO YOU IN PARAGRAPH 8.1 ABOVE SHALL APPLY WHETHER OR NOT ADCLICKMEDIA HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
IX. COPYRIGHT AND TRADEMARK POLICIES:
9.1 It is AdClickMedia?s policy to respond to notices of alleged copyright infringement that comply with applicable international intellectual property law (including, in the United States, the Digital Millennium Copyright Act) and to terminating the accounts of repeat infringers.
10.1 Some of the Services are supported by advertising revenue and may display advertisements and promotions. These advertisements may be targeted to the content of information stored on the Services, queries made through the Services or other information.
10.2 The manner, mode and extent of advertising by AdClickMedia on the Services are subject to change without specific notice to Member.
10.3 In consideration for AdClickMedia granting you access to and use of the Services, you agree that AdClickMedia may place such advertising on the Services.
XI. OTHER CONTENT:
11.1 The Services may include hyperlinks to other websites or content or resources. AdClickMedia may have no control over any websites or resources which are provided by companies or persons other than AdClickMedia.
11.2 You acknowledge and agree that AdClickMedia is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such websites or resources.
11.3 You acknowledge and agree that AdClickMedia is not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such websites or resources.
XII. CHANGES TO THE TERMS:
12.1 AdClickMedia may make changes to the AdClickMedia Service Agreement at any time. When these changes are made, AdClickMedia will make them available to you from within, or through, the affected Services.
12.2 You understand and agree that if you use the AdClickMedia Services after the date on which the AdClickMedia Service Agreement has changed, AdClickMedia will treat your use as acceptance of the updated AdClickMedia Service Agreement.
XIII. GENERAL LEGAL TERMS:
13.1 Sometimes when you use the Services, you may (as a result of, or through your use of the Services) use a service or download a piece of software, or purchase goods, which are provided by another person or company. Your use of these other services, software or goods may be subject to separate terms between you and the company or person concerned. If so, the AdClickMedia Service Agreement does not affect your legal relationship with these other companies or individuals.
13.2 The AdClickMedia Service Agreement constitutes the whole legal agreement between you and AdClickMedia and governs your use of the Services (however excluding any services which AdClickMedia may provide to you under a separate written agreement), and completely replace any prior agreements between you and AdClickMedia in relation to the Services.
13.3 You agree that AdClickMedia may provide you with notices, including those regarding changes to the AdClickMedia Service Agreement, by email, regular mail, or postings on the Services.
13.4 You agree that if AdClickMedia does not exercise or enforce any legal right or remedy which is contained in the AdClickMedia Service Agreement (or which AdClickMedia has the benefit of under any applicable law), this will not be taken to be a formal waiver of AdClickMedia?s rights and that those rights or remedies will still be available to AdClickMedia.
13.5 If any court of law, having the jurisdiction to decide on this matter, rules that any provision of the AdClickMedia Service Agreement is invalid, then that provision will be removed from the AdClickMedia Service Agreement without affecting the rest of the Terms. The remaining provisions of the AdClickMedia Service Agreement will continue to be valid and enforceable.
13.6 You acknowledge and agree that each member of the group of companies of which Multiple Stream Media, LLC. is the parent shall be third party beneficiaries to the AdClickMedia Service Agreement and that such other companies shall be entitled to directly enforce, and rely upon, any provision of the AdClickMedia Service Agreement which confers a benefit on (or rights in favor of) them. Other than this, no other person or company shall be third party beneficiaries to the AdClickMedia Service Agreement.
13.7 The AdClickMedia Service Agreement, and your relationship with AdClickMedia under the Terms, shall be governed by the laws of the State of New York without regard to its conflict of laws provisions. You and AdClickMedia agree to submit to the exclusive jurisdiction of the courts located within the county of Ulster, New York to resolve any legal matter arising from the AdClickMedia Service Agreement. Notwithstanding this, you agree that AdClickMedia shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.
If you have any questions regarding the AdClickMedia Service Agreement, please contact us at any time:
Multiple Stream Media, LLC.
DBA - AdClickMedia.com
544 Sawmill Road, NY 12443