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General :
A deposit must be submitted to Clickz123 in advance of initial advertising date. By submitting advertising for inclusion on Clickz123, advertiser/agency agrees to be bound by the terms of this contract. No conditions other than those set forth herein shall be binding on Clickz123. This contract supersedes any previous agreements between Clickz123 and advertiser/agency relating to the subject matter set forth herein. Clickz123's only obligation to serve advertisements hereunder shall be to serve advertisements of the advertiser described herein, and in no event shall Clickz123 be obligated to serve advertisements for any other advertiser.
Clickz123 Right To Terminate :
Clickz123 reserves the right to terminate any account if it is inactive for more than 10 days. Clickz123 reserves the right to terminate the account of any affiliate who publicly posts derogatory and/or slanderous statements about Clickz123, or any of its subsidiaries or officers and will result in forfeiture of all monies owed and possible criminal prosecution. 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 and incentivizing surfers in any way or any other similar activity will result in termination of said account, 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 our home page (with your referral ID), our portal page uploaded to your website or from one of our searchboxes located on your website. No other form of searches are acceptable. Non compliance will result in immediate termination of your account. All affiliates personal information must be filled out completely to receive payment. If any affiliates personal information is false or is not filled out completely you will not receive payment. Non-compliance with these terms and conditions may result in the forfeiture of all monies owed and permanent locking of account. All personal information must be filled out in its entirety. Any false or missing information will result in termination of said account and forfeiture of all monies owed. Clickz123 reserves at their sole discretion to terminate any members account that is thought to have violated any of these terms within this agreement. Any of the above terminations can be carried out without prior notice. Clickz123 shall have the right, in its sole discretion, to determine whether Click-thrus are fraudulent or derived from improper use of the Search Box(es). All decisions by Clickz123 are final.
Member Responsibilty :
All Users sent by you must come from a Web page. Only onepublisher account is allowed per member. NO incentivized traffic will be accepted. If any publisher is found to be incentivizing, or having more then one account the result will be immediate cancellation of the account(s) from which the hits were sent and the forfeiture of any funds owed to that account.
Newsgroup postings with hyperlinks, e-mail links, ICQ, Instant Message, spamming or any other such practice that could reflect negatively on our program are strictly prohibited. Failure to comply to 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.
Changes and Cancellations :
Cancellations and changes can be made via the advertiser login. Clickz123's advertising specifications are accessible through the advertiser login. Clickz123 reserves the right to change any of its advertising specifications at any time.
Delivery, Frequency and Makegood :
All figures relating to the number of advertisements served as determined by Clickz123 shall govern, regardless of whether advertiser/agency is using the services of a third party ad server. If Clickz123 fails to provide the guaranteed number of impressions, Clickz123 will make good on this contract.
Keywords and Phrases :
Clickz123 offers no exclusivity on keywords or phrases. Each advertiser will be given ranking positions based upon the bid they enter on keywords/phrases
Rejections :
Clickz123 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.
Licenses and Indemnification :
Advertiser/agency grants Clickz123 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 Clickz123. 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 Clickz123's acceptance of such advertisements and information for publication, the advertiser and agency will jointly and severally indemnify and hold harmless Clickz123 and its officers, directors, shareholders, 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) Clickz123's performance under this contract, and (iii) the copying, printing, distributing, transmitting or publishing of advertiser's / agency's advertisements or collateral information by Clickz123.
Limitation of Liability :
UNDER NO CIRCUMSTANCES WILL Clickz123 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 Clickz123 HAS BEEN ADVISED AS TO THE POSSIBILITY OF SUCH DAMAGES.
CopyRight :
All CONTENT of Clickz123.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 Clickz123 are permitted to use banner(s) and or searchbox(es) provided as is. Altering banners or searchboxes without prior approval of Clickz123 staff is strictly prohibited.
Change Of Terms :
Clickz123 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 Clickz123 program and any use of the Clickz123 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.