|
Leadhound
- Advertise Acceptance Criteria
|
Acceptance criteria
Merchants are
required to accept this Agreement before
account activation can occur.
1) POLICY
a) Membership: Membership in
the leadhound.com Network is subject to
prior approval of leadhound.com. leadhound.com
reserves the right to refuse service to any
new or existing Merchant, in its sole
discretion, with or without cause. leadhound.com
reserves the right to withhold approval of
membership in the leadhound.com Network. leadhound.com
reserves the right, in its sole discretion
and without liability, to reject, omit or
exclude any Merchant or Website for any
reason at any time, with or without notice
to the Merchant and regardless of whether
such Merchant or Website was previously
accepted.
b) Representation:
Merchant represents and warrants that: (1)
it is the owner or is licensed to use the
entire contents and subject matter contained
in the Website; (2) the Website is free of
any virus or other any other device that
could impair or injure any person or entity;
(3) the Website does not violate any law or
regulation governing false or deceptive
advertising, sweepstakes, gambling,
comparative advertising, or trade
disparagement; (4) the Website does not
contain any misrepresentation, or content
that is defamatory or violates any rights of
privacy or publicity; (5) Merchant is
generally familiar with the nature of the
Internet and will comply with all laws and
regulations that may apply; and (6) the
Website does not and will not infringe any
copyright, trademark, patent or other
proprietary right. Merchant grants leadhound.com
and the affiliate the right and license to
transmit the Creative to the affiliates
Website, and opt-in emails.
c) Termination:
leadhound.com reserves the right to
terminate any Merchant's relationship with
the leadhound.com Network at any time, with
or without cause. Termination notice may be
provided via email or any other public means
and will be effective immediately. Upon
receipt of such termination notice, Merchant
agrees to immediately remove from his/her
website leadhound.com html code for banner
serving, or affiliate recruitment from leadhound.com.
d) Content:
leadhound.com reserves the right to refuse
to affiliate with any Merchant. leadhound.com
does not accept Websites that produce or
provide adult content. leadhound.com does
not accept Websites that engage in, promote
or facilitate illegal or legally
questionable activities such as pirating and
hacking. leadhound.com does not accept
Websites that are: under construction,
personal home pages, or do not own the
domain they are under. This Agreement is
void by leadhound.com immediately if
Merchant fails to disclose, conceals or
misrepresents itself in any way. In
addition, leadhound.com may in its complete
discretion refuse to serve any Website that
it deems appropriate. To insure compliance
with this Agreement, any Merchants that
change their content after approval for
membership must notify leadhound.com of the
changes in writing immediately. Notices
should be sent to support@leadhound.com
e) Code:
leadhound.com codes must be not be modified
from original format without consent from leadhound.com.
Merchant agrees to use the ad code provided
for impression, click, lead, or sale
tracking. Merchant can not alter, copy,
modify, take, sell, reuse, or divulge any leadhound.com
computer code, except as is necessary to
partake in the leadhound.com Network,
provided, however, with the prior approval
of leadhound.com, a Merchant may, in certain
instances, modify the leadhound.com computer
code for purposes of inserting certain
pre-approved language above or below an
advertisement served by leadhound.com.
Requests for language approval should be
sent to support@leadhound.com
f) Data Reporting:
leadhound.com is the sole owner of all
website, campaign, and aggregate web user
data collected by leadhound.com. Merchant
only has access to campaign data that is
collected through the use of their inventory
via the leadhound.com Merchants area.
g) Contact
Information:
Merchants are responsible for maintaining
the correct contact and payment information
associated with their account. This must be
done online using the Merchant's account.
Bank/service fees associated with returned
or cancelled payments due to any error in
the Merchant contact or payment information
are the Merchant's responsibility, and will
be deducted from merchants escrow
pre-payment.
2) PAYMENT POLICY
Merchants agree to make an
initial deposit of $500 USD (setup
fee) plus the $300.00 USD min escrow
deposit. If you choose to pay your deposit
by check your account will not be activated
until your payment has been cleared. This
payment is a deposit for services rendered.
If the merchant chooses to close their
account on leadhound.com the remaining
balance in their account will be refunded
depending on performance criteria. leadhound.com
payment rate is based on the total payout
the Merchant set, Whatever rate the merchant
decides upon leadhound.com retains 25% of
gross commission revenue, and pays 75% to
affiliates. leadhound.com reserves the right
to set and negotiate specific payment terms
on an individual basis. Affiliates will
typically be paid within fifteen (20) days after the end-of-month.
Affiliates will be paid at the account
level. All accounts will be settled in US dollars
($USD). No checks will be issued for
any amounts less than $50USD. Every Merchant
account must have a unique Tax File number
or ABN , ACN, or Social Security Number.
Merchants cannot refer themselves as a
Merchant or as an Affiliate. Groups of
Merchants cannot refer each other. All
payments are based on actual as defined,
accounted and audited by leadhound.com. In
no event will payments be made on affiliate
accounts that have not provided proper tax
identification information. leadhound.com
will be responsible for determining, in its
sole and absolute discretion, what acts and
omissions violate this policy, and which
acts include activity that is deceptive or
fraudulent in nature.
3) LIABILITY
POLICY a)
Indemnification: Merchant is solely
responsible for any legal liability arising
out of or relating to (i) the content and
other material set forth on the Merchant
Websites and/or (ii) any content or material
to which users can link through the Merchant
Websites (other than through an
advertisement supplied by leadhound.com).
Merchant hereby agrees to indemnify, defend
and hold harmless leadhound.com and its
officers, directors, agents, affiliates and
employees from and against all claims,
actions, liabilities, losses, expenses,
damages, and costs (including, without
limitation, reasonable attorneys fees) that
may at any time be incurred by any of them
by reason of any claims, suits or
proceedings (a) for libel, defamation,
violation of right of privacy or publicity,
copyright infringement, trademark
infringement or other infringement of any
third party right, fraud, false advertising,
misrepresentation, product liability or
violation of any law, statute, ordinance,
rule or regulation throughout the world in
connection with the Merchant Websites
(except for advertisements supplied by leadhound.com);
(b) arising out of any material breach by
Merchant of any duty, representation or
warranty under any agreement with leadhound.com;
or (c) relating to a contaminated file,
worm, virus, or Trojan horse originating
from the Merchant Websites (other than
through an advertisement supplied by leadhound.com).
b) Damages:
In no event shall either party be liable for
special, indirect, incidental, or
consequential damages, including, but not
limited to, loss of data, loss of use, or
loss of profits arising there under or from
the provision of services.
c) Warranty
Disclaimer: leadhound.com
and its users do not make and hereby
expressly disclaim all warranties, express
or implied, with respect to any matter
whatsoever, including, without limitation,
the performance of any software programs
incidental to services rendered by leadhound.com,
services provided there under, or any output
or results thereof. leadhound.com and its
users specifically disclaim any implied
warranty of merchantability or fitness for a
particular purpose.
d) Limitation of
Liability: Neither
leadhound.com nor its users will be subject
to any liability whatsoever for (a) any
failure to provide reference or access to
all or any part of the Website due to
systems failures or other technological
failures of leadhound.com or of the
Internet; (b) delays in delivery and/or
non-delivery of Creative, including, without
limitation, difficulties with a Customer or
Creative, difficulties with a third-party
server, or electronic malfunction; and (c)
errors in content or omissions in any
Creative.
4) GENERAL
a) Applicability: In This
Agreement, including all attachments which
are incorporated herein by reference,
constitutes the entire agreement between the
parties with respect to the subject matter
hereof, and supersedes and replaces all
prior and contemporaneous understandings or
agreements, written or oral, regarding such
subject matter. Applicable sections shall
survive expiration or early termination of
this Agreement. Nothing in this Agreement
shall be deemed to create a partnership or
joint venture between the parties and
neither leadhound.com nor Merchant shall
hold itself out as the agent of the other,
except for that specified in this Agreement.
Neither party shall be liable to the other
for delays or failures in performance
resulting from causes beyond the reasonable
control of that party, including, but not
limited to, acts of God, labor disputes or
disturbances, material shortages or
rationing, riots, acts of war, governmental
regulations, communication or utility
failures, or casualties. Failure by either
party to enforce any provision of this
Agreement shall not be deemed a waiver of
future enforcement of that or any other
provision. Any waiver, amendment or other
modification of any provision of this
Agreement shall be effective only if in
writing and signed by the parties. If for
any reason a court of competent jurisdiction
finds any provision of this Agreement to be
unenforceable, that provision of the
Agreement shall be enforced to the maximum
extent permissible so as to effect the
intent of the parties, and the remainder of
this Agreement shall continue in full force
and effect. Headings used in this Agreement
are for ease of reference only and shall not
be used to interpret any aspect of this
Agreement. In addition to terms that are
negotiated and documented separately from
this Agreement, terms that are automatically
generated through the interactive use of the
leadhound.com website Merchant interface are
explicitly bound by this Agreement.
b) Public Release:
Merchant shall not release any information
regarding Campaigns, Creative, or Merchants
relationship with leadhound.com or its
customers, including, without limitation, in
press releases or promotional or
merchandising materials, without the prior
written consent of leadhound.com. leadhound.com
shall have the right to reference and refer
to its work for, and relationship with,
Merchant for marketing and promotional
purposes. No press releases or general
public announcements shall be made without
the mutual consent of leadhound.com and
Merchant.
c) Remedy:
If any Merchant violates or refuses to
partake in their responsibilities, or
commits fraudulent activity against us, leadhound.com
reserves the right to withhold payment and
take appropriate legal action to cover its
damages.
d) Audit:
leadhound.com shall have the sole
responsibility for calculation of Merchant
earnings, including Impressions and click
through numbers, leads, and sales. In the
event Merchant disagrees with any such
calculation, a written request should be
sent immediately to leadhound.com. leadhound.com
will provide Merchant with an explanation or
adjustment of the numbers which shall be
final and binding. Merchant must report any
disputes within 10 days after the end of the
previous month.
e) Modifications:
leadhound.com reserves the right to change
any conditions of this contract at any time.
Members are responsible for complying with
any changes to the leadhound.com Merchant
Agreement within 10 business days from the
date of change. leadhound.com will post any
changes to this Agreement in the Merchant
area of the leadhound.com Website..
f) Privacy:
Merchant shall support leadhound.com
commitment to protect the privacy of the
online community; such commitment is set
forth in leadhound.com Privacy Statement,
which is hereby incorporated into this
Agreement.
g) Governing Law:
This Agreement will be governed by and
construed in accordance with the laws of the
State of New South Wales, Australia.
h) Ability
to Enter into Agreement: By
executing this Agreement, Merchant warrants
that Merchant (or Authorized Representative
of Merchant) is at least 18 years of age,
and that there is no legal reason that
Merchant cannot enter into a binding
contract.
Become
a Leadhound Merchant
