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Cash4Creative Publisher Agreement
The following Publisher Agreement (this "Agreement") is a legal agreement between OptInRealBig, LLC., a Colorado corporation with offices at 10011 Lowell Way, Westminster, CO 80031 ("Company") and you ("You" or "Your"), the user of the Cash4Creative website (the "Site"). You and Company may also be individually referred to herein as a "Party" and collectively as "Parties". You agree to use the Site and any additional services offered by Company in the future only in accordance with this Agreement. Company reserves the right to make changes to the Site and the terms and conditions of this Agreement at any time. Your continued use of the Site after any such modification and notification thereof shall constitute Your consent to such modification.
1. Background and Use of the Site.
The Site allows Company to post offers of advertising programs sponsored by Company or its affiliates on the system ("Program(s)"). The Programs will specify the amount and terms under which You will receive payment ("Bounty") when the Program's requirements are fulfilled. Bounties are generated from a specified event ("Event") identified in a Program, such as clicks, click-throughs, sales, registrations, impressions and leads. The definition of the Event associated with a Program is set forth in the Program's specifications, and such definition shall govern this Agreement. If You accept a Program, You agree to place that Program's advertising creative on Your media properties, such as Your website, affiliated websites or email distribution lists ("Media"), in accordance with the terms of the accepted Program. Company may change a Program at any time unless otherwise specified. Similarly, You may drop previously accepted Programs at any time unless otherwise specified. Company is responsible for displaying and administrating all active Programs and tracking the payments owed. Company shall compile, calculate and electronically deliver data required to determine Your billing and compensation. Company's figures and calculations shall be final and binding. Any questions regarding the data provided by Company need to be submitted in writing within 30 days of receipt, otherwise the information will be deemed accurate and accepted as such by You.
2. License.
Company grants You a non-transferable, non-exclusive limited license to use the Site and any data, reports, information or analyses arising out of such use, subject to the terms and conditions set forth herein. You acknowledge and agree that You do not have, nor will claim any right, title or interest in the Site software, applications, data, methods of doing business or any elements thereof. You may only access the Site via email or web browser or in a manner approved by Company. Site integration tags must not be altered. Altering tags may jeopardize Your ability to be paid for Events.
3. Payment.
You will be paid per the occurrence of an Event. Payment shall be made by Company within 45 days of a completed Event. Company will not pay for any Events that occur before a Program is initiated, or after a Program terminates. Invoices submitted to Company and payments made to You shall be based on the Events and corresponding Bounties as reported by Company. Company will not be responsible to compensate You for Events that are not recorded due to Your error.
4. Term; Termination.
This Agreement shall commence upon Your acceptance and remain in effect until terminated. This Agreement may be terminated by either Party upon three (3) days' notice. This Agreement shall terminate immediately upon the dissolution or insolvency of either Party. Company reserves the right, in its sole and absolute discretion, to terminate a Program and remove any advertisements at any time for any reason. Company shall compensate for all Bounties earned prior to such termination. Company also reserves the right to terminate Your access to the Site at any time without notice.
The representations, warranties and obligations contained in paragraphs 4, 5, 6, 7, 8 and 9 shall remain in full force and effect after termination of this Agreement. All payment obligations accruing prior to the termination date shall survive until fully performed.
5. Representations and Warranties.
* You represent and warrant that:Your Media is in compliance with all applicable laws and does not contain or promote, nor links to another website that contains, libelous, defamatory, abusive, violent, prejudicial, obscene, sexually explicit or illegal content;
* You own or have the legal right to use and distribute all content, copyrighted material, products, and services displayed on Your Media; · You will not mislead others in Your performance of this Agreement; · You have the right, power, and authority to enter into this Agreement and grant the rights specified herein;
* You will not attempt in any way to alter, modify, eliminate, conceal, or otherwise render inoperable or ineffective the Site tags, source codes, links, pixels, modules or other data provided by or obtained from Company that allows Company to measure ad performance and provide its service ("Site Data");
* If instructed to do so by Company and/or if this Agreement terminates, You will immediately remove and discontinue the use of any Site Data;
* You acknowledge that Company does not represent, warrant, or make any specific or implied promises as to the successful outcome of any Programs;
* You agree to display the creative exactly as it appears on the Program and will not alter any creative that has been submitted to the Site;
* If You are notified that fraudulent activities may be occurring on your Media, and You do not take any actions to stop the fraudulent activities, then You are responsible for all associated costs; and
* If any errors or undesirable results occur due to no fault of Company, Company shall not be responsible for losses and You may not be compensated.
6. Privacy Policy.
>lick here for Company's privacy policy governing the Site.
7. Customer Information; Non-Disclosure.
All information submitted by end-user customers pursuant to a Program is proprietary to and owned by Company or its affiliates. Such customer information is confidential and may not be disclosed by Company. In addition, You acknowledge that all non-public information, data and reports received from Company hereunder or as part of the services hereunder is proprietary to and owned by Company. All proprietary information is protected by copyright, trademark and other intellectual property law. You agree not to reproduce, disseminate, sell, distribute or commercially exploit any proprietary information in any manner. These non-disclosure obligations shall survive the termination of this Agreement.
8. Limitation of Liability; Disclaimer of Warranty.
IN NO EVENT SHALL COMPANY BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM YOUR USE OF THE SITE, OPERATION OF A PROGRAM, OR YOUR DISPLAY OF ANY PROGRAM CREATIVE ON YOUR MEDIA, INCLUDING BUT NOT LIMITED TO SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE INFORMATION, CONTENT AND SERVICES ON THE SITE ARE PROVIDED ON AN "AS IS" BASIS WITH NO WARRANTY. YOU USE THE SITE AND RUN PROGRAMS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY LAW, COMPANY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE OPERATION OF THE SITE, THE INFORMATION, SERVICES, AND CONTENT INCLUDED ON THE SITE AND PROVIDED BY COMPANY, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. COMPANY DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ON THIS SITE OR PROVIDED BY COMPANY IS ACCURATE, COMPLETE OR CURRENT.
>. Indemnity.
You shall indemnify, defend and hold Company harmless from and against any and all claims, allegations, liabilities, costs and expenses (including reasonable attorneys' fees) by third parties arising out of Your: (a) improper use of the Site; (b) improper operation of a Program; or (c) breach or violation of this Agreement. Company shall indemnify, defend and hold You harmless from and against any and all claims allegations, liabilities, costs and expenses (including reasonable attorneys' fees) by third parties arising out of any actual infringement of intellectual property rights resulting from Your display of Company's creative provided in connection with operating a Program.
10. Assignment and Jurisdiction.
Company may assign this Agreement to a subsidiary or business successor. You may not assign this Agreement without the prior written consent of Company, which shall not be unreasonably withheld. This Agreement shall be construed and governed by the law of the state of California. You expressly consent to the exclusive venue and personal jurisdiction of the state and federal courts located in Los Angeles County, California for any actions arising from or relating to this Agreement.
11. Severability.
If any provision of this Agreement is held to be invalid, illegal or unenforceable for any reason, such invalidity, illegality or unenforceability shall not effect any other provisions of this Agreement, and this Agreement shall be construed as if such invalid, illegal or unenforceable provision had not been contained herein.
12. Force Majeure.
Neither Party shall be liable to the other by reason of failure or delay in the performance of its obligations hereunder on account of Acts of God, fires, storms, war, governmental action, labor conditions, earthquakes, natural disasters, interruption in internet service or any other cause which is beyond the reasonable control of such Party.
13. Attorneys' Fees.
Company shall be entitled to an award of its reasonable costs and expenses, including attorneys' fees, in any action or proceeding arising out of this Agreement.
14. Miscellaneous.
This Agreement contains the sole and entire agreement and understanding between the Parties relating to the subject matter herein, and merges all prior discussions, whether through officers, directors, salespersons, employees or consultants. Each Party is an independent contractor and not a partner, joint venturer or employee of the other. All notices shall be sent to the addresses submitted by You when signing up for the service by certified mail, fax, email or courier.
PRIVACY POLICY
Information automatically collected.
Cash4Creatives ("C4C") operates a network of websites offering a variety of products and services ("Network"). The Network automatically collects and stores the following information about you: the name of the domain from which you access the Internet; the date and time you access the site; and the Internet address of the website from which you linked directly to the site.
Information collected for use of services and features.
In addition to the information automatically collected, users are frequently asked to provide certain information in order to take advantage of the services and features offered across the Network. Users are often able to enter contests, sign up to receive or send electronic newsletters, greetings and other emails or content (such as weekly jokes), become members, play games and participate in chat rooms. To provide these services to our users, we generally require that the user provide no more than a name and an email address. We use the information collected to distribute the requested newsletter or other content, to notify contest winners, to enable password protected access to certain services and sections within sites on the Network, and to provide whatever other service the user has authorized in providing the contact information.
Information collected for online purchases.
Some Network sites offer users the opportunity to purchase products. To complete such a transaction, users are asked to provide their name, email address, mailing address, telephone number, credit card number and credit card expiration date. Once entered, this information is usually saved by the e-commerce site. When you choose to make future purchases through a Network e-commerce site, this information automatically appears in the appropriate spaces (i.e. the information fields are "pre-populated") on the web page within the site for placing orders.
Information requested and voluntarily provided.
C4C may occasionally poll users of Network sites and request background information from users such as address, age range, gender, occupation, interests, hobbies, etc. (also known as demographic information). Also, in connection with signing up for, or subscribing to, the services and features offered across the Network, a site may request background information to be optionally provided by the user along with whatever other information is required. The background information collected in user polls and in connection with subscriptions and sign-ups lets C4C and its advertisers and marketing partners know, in general, who users are and what they like. This, in turn, helps ensure that ads, offers and promotions published on Network sites or delivered to subscribers in emails will be relevant and of some value to users. Background user information is also commonly reported by C4C in aggregate statistical fashion to third parties interested in knowing what type of audience the Network is attracting.
Use of Cookies and storage of user information.
The first time a user provides an email address in connection with their activities at a Network site, C4C assigns an identification number to that email address and deploys a cookie to the user's PC. Whenever that user comes back to a Network site using the same PC, the cookie allows the site to identify the user and to recall the user's email address. If, at any time, a user provides other information in connection with their activities on a Network site (such as name, address, birth date, gender, etc. in connection with, e.g., entering a contest, completing a survey, or signing up for a promotional offer from C4C or a third-party advertiser), C4C may store that information, along with the user's email address, in its user database. C4C uses the information stored in its database (i) for the purpose for which the information was originally provided by a user, (ii) to pre-populate information fields in the event a user wishes to sign up for and/or subscribe to services, promotions or offers in the future, (iii) to ensure that a user will not be repeatedly exposed to the same ads, offers and promotions while visiting Network sites, and (iv) to, in connection with regular communication with a user, include offers, promotions or advertisements historically, or likely to be, of interest to that user. C4C does not require users to enable the use of cookies on their browsers in order to access Network sites.
Information collected through advertisements and links.
Advertisements appear in various forms and places throughout the Network. C4C contracts with advertisers both directly and through third-party advertising companies. Advertisers who contract directly with C4C are required to represent that they comply with C4C's privacy policy with respect to information collected from users through ads displayed on Network sites (see "Information automatically collected" above).
As mentioned, C4C also uses third-party advertising companies to serve ads on its Network. These third-party advertising companies employ cookie and 1x1 pixel .gif technology to measure and improve the effectiveness of ads for their clients. To do so, these companies may use anonymous information about your visits to Network sites and other websites. This information can include: date/time of banner ad shown, the banner ad that was shown, their cookie, the IP address. This information can also be used for online preference marketing purposes. Users who want to prevent a third-party advertiser from setting and/or reading cookies on their computer may either visit each ad network's web site individually and opt out or visit the NAI gateway opt-out site to opt-out of all network advertising cookies.
Users should be aware that advertisements, whether text, graphic or animated, and whether appearing as banners, buttons or in pop-up windows, usually include a link to another page or website where more information is available about the particular product or service being advertised. This privacy policy only governs Network sites and clicking on links in ads (or anywhere else for that matter) will often take a user to a site outside the Network, where information collection and use practices may differ from those employed by C4C. When linking to sites outside the Network, users should review the privacy policy applicable to that site.
Does C4C disclose user information to anyone?
Unless a user has elected not to receive third-party offers and promotions or to limit or prohibit disclosure of information about them, C4C may provide individual user information to its advertising and marketing partners, C4C-affiliated companies, or other third parties interested in marketing to C4C's Network users. Most of the Network services and features are provided to users at no charge. Network sites rely upon revenues from advertising and marketing in order to deliver content and newsletters to their numerous users and subscribers. Network sites make an effort to provide users and subscribers with ads and offers that they may find of interest and of some value. Nevertheless, it is C4C's policy to allow users to make the choices about, and to control, the information Network sites collect and the manner in which that information is used. For this reason, users always have the ability to update, change or delete information about them collected by the Network, to unsubscribe from any mailing list at any time, to opt out of receiving third-party ads, promotions and offers, and to prevent disclosure of their information to third-parties for such purposes.
Notwithstanding any of the above, user information is commonly disclosed by C4C to advertisers, marketers and others in aggregate statistical fashion and not in any way that would allow for personal identification of individual users. Also, if a user specifically requests a mailing or other opt-in feature, or signs up to receive information or services, to be provided by a third-party, the Network site will provide that information to the third-party per the request or opt-in.
C4C reserves the right to, in connection with transfer of its assets to any affiliated company, provide user information and data to the affiliate subject to the terms of this policy. Similarly, C4C reserves the right to, in connection with a sale of its assets or business to a third party, sell the C4C customer database, or relevant portion thereof, so that a third-party may be able to continue to provide the services and features to which network users have subscribed.
C4C may release user information if required by law, to enforce any terms of service, or to protect the rights, property or safety of C4C, its registered users, or others. Please note that C4C's privacy policy does not apply to web sites or web pages that link to the Network.
How does C4C protect user information?
All transmissions of user information are through C4C's secure computer servers which, for e-commerce sites, also run authentication and data encryption software. Access to registered users' accounts on Network sites is password protected.
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