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Terms and Conditions

THIS AFFILIATE AGREEMENT (the “Agreement”), together with any amendments, are entered into by and between AdMediaLeads, and the applying Party submitting the Application For Affiliate Status (the “Affiliate”), also referred to herein jointly as the Parties (“Parties”, each a “Party”). This Affiliate Agreement supplements all other Campaign Terms subsequently agreed to by the Affiliate.

WHEREAS, AdMediaLeads and Affiliate desire to provide for the terms and conditions of this Affiliate Agreement as more specifically set forth herein;

THEREFORE, the Parties agree to be legally bound as follows:

1. Definitions.

1.1. “Opt-in” or “Opted-in” means that the consumer has made an active, affirmative choice to receive Ads from the Affiliate.

1.2. “User” means any person using the Internet.

1.3. “Action” means a User’s completion of an action (such as a click, sale, lead, or call) defined by the Advertiser or AdMediaLeads.

1.4. “Network” means the advertising Network operated by AdMediaLeads, which is made up of Affiliates and Advertisers.

1.5. “Advertiser” means the advertiser, Advertiser or advertising agency providing advertisements to AdMediaLeads for use by the Affiliate.

1.6. “Ad” means the advertisement in the form of graphics and/or text supplied to AdMediaLeads for inclusion in the AdMediaLeads Network and to be made available for Affiliate use.

1.7. “Spam” means unsolicited bulk email where recipients have not agreed in advance to receive Ads.

1.8. “Campaign Terms” means the specific guidelines for each Advertiser campaign as listed in the AdMediaLeads Network.

2. Amendments.

2.1. From time to time, AdMediaLeads may amend, replace or supplement the Agreement, including but not limited to changing Advertiser payouts, by posting an updated Agreement or Campaign Terms on the AdMediaLeads website, and it shall be deemed effective immediately unless otherwise noted, and Affiliate will be deemed to have consented to, and agreed to be bound by, the updated Agreement or Campaign Terms. It is the responsibility of the Affiliate to read and keep up to date with the Agreement and Campaign Terms with or without notice of change from AdMediaLeads.

3. Affiliate Requirements.

3.1. Affiliate is subject to review and may be rejected for any reason, and at any time, by AdMediaLeads.

3.2. Affiliate must submit valid and correct contact information, including but not limited to name, e-mail address, street address, and telephone number. Affiliate must ensure this information remains up-to-date at all times within the AdMediaLeads Network. Affiliate must accurately, clearly and completely describe all promotional methods in their descriptions and provide additional information when necessary.

3.3. Affiliate websites must not be associated with or contain any illegal activity, or pornographic, obscene, racist, or hateful content, or deceptive advertising, piracy, libelous or defamatory statements.

3.4. Affiliate websites must not contain any mechanisms that could be downloaded on to a User’s computer without the User’s explicit knowledge and consent.

3.5. In its sole discretion, if at any time AdMediaLeads deems the Affiliate’s website or advertising activities are contrary to the terms set out in the Agreement, the Affiliate shall be terminated from the Network and shall forfeit any and all commissions and earnings.

4. Affiliate Rules.

4.1. Failure to adhere to the following rules is a violation of the Agreement and will result in immediate termination of the Affiliate from the AdMediaLeads Network with forfeiture of all monies due to Affiliate.

4.2. Affiliate must not load Advertiser’s website within a frameset or iframe unless prior written approval is obtained from AdMediaLeads.

4.3. Affiliate must not modify the Ads supplied by AdMediaLeads in any way unless prior written approval is obtained from AdMediaLeads.

4.4. Affiliate must indicate whether he uses incentive traffic, and only offer incentives to Users to respond to Ads with permission from AdMediaLeads and the Advertiser as indicated on the Network and Campaign Terms, or in writing. AdMediaLeads reserves the right to define the term incentive.

4.5. Affiliate must not make misleading or disparaging statements, oral or written, about any Ad, Advertiser or AdMediaLeads.

4.6. Affiliate must agree to receive periodic communications from AdMediaLeads. This communication could be in the form of e-mail, instant message, postal mail, telephone or fax.

4.7. Affiliate must not display any Ad in third Party newsgroups, social Networks, message boards, blogs, link farms, counters, chatrooms or guestbooks without the consent of such third-Party entity.

4.8. Affiliate must comply with all Campaign Terms as outlined in Ads.

4.9. Affiliates must not use SMS/text messages to deliver Ads to Users.

4.10. Affiliate must not generate any Actions in bad faith or through fraudulent mechanisms. This includes, but is not limited to, generating own Actions using manual or automated processes, misrepresenting product or service offered by Advertisers, deceiving Users into obtaining product or service offered by Advertisers, and encouraging or educating Surfers to cancel any product purchase or service provided by Advertisers.

4.11. Affiliate must not share, lend, lease, sell or transfer their account to any third Party unless prior written approval is obtained from AdMediaLeads.

4.12. Any Affiliate engaged in the distribution of Ads via email must comply with all of the following rules:

4.12.1. Affiliate must distribute Ads only to those recipients who have Opted-in to receive such email from the Affiliate. AdMediaLeads prohibits the use of Spam. Any use of Spam whatsoever by Affiliate will result in the forfeiture of Affiliate’s entire commission for all campaigns, and the termination of the Affiliate’s account. Affiliate will also be held liable for any and all damages resulting from a violation of this provision including reasonable court costs.

4.12.2. If requested by AdMediaLeads, Affiliate must be able within 24 hours of such request, to supply the name, date, time, IP address and URL where the User gave permission to the Affiliate to receive such Ads through e-mail.

4.12.3. Affiliate must ensure each email recipient is provided with a valid opt-out mechanism within each email delivered in order for the recipients to “opt-out” of future mailings from Affiliate.

4.12.4. Affiliate must not use the Advertiser or AdMediaLeads name (including any abbreviation thereof) in the originating email address line (“From” line) or subject line of any email transmission, unless specific permission is given otherwise.

4.12.5. Affiliate must not use falsified sender information or falsified IP Addresses.

4.12.6. Affiliate must use only pre-approved Advertiser subject lines and from lines as set out in Campaign Terms.

4.12.7. Affiliate must use only legitimate routing information.

4.12.8. Affiliate must use their own tracking links that redirect to the tracking links supplied by AdMediaLeads.

4.12.9. Affiliate must have a proper privacy policy on their website, and it must be in compliance with all FTC guidelines, rules and regulations in respect to online privacy and shall warrant that email campaigns are conducted in accordance with that privacy policy, and in accordance with any applicable local or international laws.

4.12.10. Affiliate must ensure each email contains Advertiser’s unsubscribe mechanism as set out in Campaign Terms.

4.12.11. Affiliate must not send email to any email address or domain contained in an Advertiser’s suppression list as set out in Campaign Terms.

4.12.12. Affiliate must ensure each email clearly contains the Affiliate’s physical address, which cannot be a PO BOX.

4.12.13. Affiliate must comply with all campaign instructions from AdMediaLeads and Advertiser as set out in Campaign Terms.

4.13. If Affiliate has not logged into their account for six (6) consecutive months, it will be moved to an inactive status. If this inactivity continues for nine (9) months, AdMediaLeads reserves the right to terminate the account for inactivity and debit any remaining balance that is held in the Affiliate account.

5. If you determine that EU Privacy Laws do not apply to you, then you shall provide AdMediaLeads with your analysis concluding the same or, provide detailed information regarding the specific steps you take to ensure that individuals located in the EU do not visit your Site via our services and technology.

6. Advertising Services and Warranties.

6.1. Provided that Affiliate complies with all provisions of this Agreement and Campaign Terms, AdMediaLeads hereby grants to Affiliate a non-exclusive, limited, revocable license to market, display, perform, copy, transmit, and promote the Ad in connection with its obligations hereunder; and market display, perform, copy, transmit, and promote the Ad to third Parties in connection with its obligations hereunder. Affiliate’s use of Ads or copyrighted materials in violation of this Agreement is strictly forbidden and will result in this limited license being immediately withdrawn and may further result in the termination of the Affiliate’s account and being held liable under applicable law.

6.2. AdMediaLeads’s sole obligation to the Affiliate under this Agreement with respect to Ads shall be to provide such Ads for use in their advertising efforts. The advertising services provided by AdMediaLeads are provided “as is”. AdMediaLeads makes no warranties, guaranties, promises, or estimates, expressed or implied, oral, written or otherwise except as specifically set forth herein, AND does not guarantee, including but not limited to, demographic profiling of Users, click to Action conversion rates, response rates or conversion rates from Action to sale.

6.3. No additional warranties are provided.

7. Commission Earnings and Payments.

7.1. AdMediaLeads shall send Affiliate’s commission payment approximately fifteen (15) days from the last business day of each month in which earnings are accrued if the amount due to Affiliate exceeds either one hundred (100) dollars USD or the minimum payment amount requested by the Affiliate, whichever is higher. Payment thresholds may vary based payment type chosen by Affiliate. Policies regarding payment type thresholds can change without notice to Affiliate. Commissions will only be earned on Actions reported by the Advertiser, and only after AdMediaLeads receives full payment from the Advertiser. AdMediaLeads is under no obligation to pay Affiliates for Actions which are not paid by the Advertiser.

7.2. AdMediaLeads shall increase the payment frequency for Affiliate to weekly, provided Affiliate has received one previous payment from AdMediaLeads and is setup to receive payments electronically. All other conditions and restrictions for payment as outlined in item 6.1 remain in force for weekly payments. AdMediaLeads in its sole discretion may disqualify any Affiliate from being eligible for weekly payments.

7.3. In the event of non-payment by an Advertiser, and If AdMediaLeads elects in its own discretion not to make payment to Affiliate, an Affiliate’s recourse for any earned commissions not paid shall be to make a claim against the relevant Advertiser(s), and AdMediaLeads disclaims any and all liability for such payment.

7.4. AdMediaLeads or the Advertiser may reverse any Action generated by the Affiliate. Circumstances for Action reversals include but are not limited to duplicate Actions, fraudulently generated Actions, non-payment, Affiliate’s failure to comply with the Agreement, invalid or incomplete data, or product returns. Reversals may be applied at any time, including for Actions during a period where payment has already been issued to the Affiliate.

7.5. In the event reversals are applied to Actions for which an Affiliate has already been paid, Affiliate is required to return payment for these Actions to AdMediaLeads.

8. Referral Program.

8.1. Affiliate shall earn a 3% referral fee on the commission payments made to any other new Affiliates (excluding bonuses, rewards, additional payouts, Affiliate earnings where the Affiliate is an advertising Network, and referral income) who have been referred to AdMediaLeads using the specified link code. Affiliate shall earn this fee on the commission payments of a referred Affiliate for a period of twelve (12) months after the referred Affiliate joins the AdMediaLeads Network. Secondary accounts held by Affiliate are excluded from the referral program. AdMediaLeads reserves the right to terminate an Affiliate referral program, in whole or in part, at any time for any reason, including but not limited to, fraud, questionable activity or breach of the terms set out in the Agreement or Campaign Terms.

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