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Terms & Conditions
To qualify as a merchant at Go2DirectAds.com you must read and agree to the terms of this User Agreement and you must meet and/or comply with all of the requirements described herein. Only individuals 18 years of age or older may participate in this service. You must provide Go2DirectAds.com with up-to-date, complete and accurate information. You must use your own website and identity in the sign-up process and may not assume a false or another person’s or entity’s identity or place advertiser paid links on a site without authorization. Any Affiliate found to be placing Advertiser paid links on an unauthorized site will be automatically shut down and all earnings shall be immediately forfeited. You must use an e-mail/password combination to access your account and it is your responsibility to keep this information confidential. You may change this information inside the member area if necessary. You are solely responsible for any and all use of your Go2DirectAds.com account, including authorization granted by you to any other person or entity who may use your account. Go2DirectAds.com reserves the right to terminate any merchant at any time without prior notice to you and/or pursue any legal action in the case of any fraud, system abuse or any type of activity deemed to be inappropriate, in violation of this User Agreement, or illegal by Go2DirectAds.com . You agree to promptly notify Go2DirectAds.com by email if you suspect that any clicks or Traffic (as defined below) is not legitimate, or if an Affiliate or Advertiser is violating any of the terms of this User Agreement. You agree not to display any content or materials on your website or through the Go2DirectAds.com program that: infringes upon any party’s intellectual property or other proprietary rights, or is defamatory, libelous, obscene, pornographic, or otherwise unlawful. Your agreement to the terms of this User Agreement are signified by clicking the box at the end of this User Agreement entitled "I have read and agree to the terms of this User Agreement." You may not use the Go2DirectAds.com services unless you agree to the terms of this User Agreement. Go2DirectAds.com is not obligated to make any investigation if it receives a complaint from an Affiliate or Advertiser that you have violated this User Agreement or if there is any dispute between you and a third party arising out of the Go2DirectAds.com program; however, Go2DirectAds.com reserves the right to immediately terminate your rights under this User Agreement with or without any investigation or inquiry. Go2DirectAds.com reserves the right to terminate this User Agreement and your right to use or receive any services or benefits including residuals relating to the Go2DirectAds.com program immediately if you breach any term herein, or for any reason or for no reason effective two (2) days after sending written or email notice to you at the last address that you provide to Go2DirectAds.com. SERVICE MODIFICATIONS/CHANGES Go2DirectAds.com may at any time elect to change and/or delete portions of this User Agreement and impose changes to the Go2DirectAds.com service as needed. In the event the service should change or there are changes to this User Agreement, each member will be notified prior to the change by email and post changes in a conspicuous place on the Go2DirectAds.com website. In the event changes do occur you agree to either accept the changes or cease using the Go2DirectAds.com services. ADVERTISER FINANCIAL TRANSACTIONS Deposits by Advertisers: Advertisers may deposit money into their account by credit card or by check. If an Advertiser chooses to deposit money into their account by sending a check to Go2DirectAds.com, the account will not reflect the deposited amount until the check has cleared and funds have been moved to your Go2DirectAds.com account. No funds deposited into an Advertiser’s Go2DirectAds.com account shall accrue interest. Checks received from you that are not honored by your bank will be subject to a $50 service charge. Withdrawals: Advertiser balances are non-refundable. Initial escrow deposits are non-refundable. Service Charges: Go2DirectAds.com charges a service fee equal to 20% of the payout rate or amount offered to Affiliates by Advertisers. This is deducted from the Advertiser's Go2DirectAds.com account at the time a click, sale or lead occurs. This charge only applies to legitimate (acceptable) clicks, sales and leads. Your account will be charged for all clicks, sales and leads received, and you are responsible for any amounts owed to Go2DirectAds.com and Affiliates if your account does not contain sufficient amounts to pay for service fees owed to Go2DirectAds.com. Interest Charges: Go2DirectAds.com reserves the right to charge you interest on any amounts owed to Go2DirectAds.com for service fees to the extent that your account contains insufficient funds as follows: 10% per annum or the highest rate allowed by law. Minimum Transaction Service Charge: All members shall be subject to a minimum per transaction service charge payable to Go2DirectAds.com as follows: Click Program: $0.01 per valid click CPM Program: $0.02 per 1000 impressions Lead Program: $0.40 per valid lead Sale Program: $0.40 per valid sale * "Per impression" means "cpm" or per thousand impressions. Disputes: Legitimate clicks will be determined by Go2DirectAds.com if there is any dispute regarding the legitimacy of a click or any traffic. Advertiser Responsibilities: It is the Advertiser’s responsibility to set pay-out rates or amounts and keep track of account balances. It is the Affiliate’s sole responsibility to track the Advertiser’s account balance and determine if such account is insufficient. Go2DirectAds.com is not responsible for payment disputes between Affiliates and Advertisers nor for payments due to Affiliates from Advertisers. Affiliates solely assume the risk that an Advertiser may not pay amounts owed to an Affiliate. Advertisers solely assume the risk that the payments made to an Affiliate are based on illegitimate or improper traffic. Information regarding payout rates are displayed on the Go2DirectAds.com web site and the Advertiser is solely responsible for the accuracy of such information. The maintenance of the Advertiser's programs and all terms and conflicts relating to the content of any advertisements and/or sales are the sole responsibility of the Advertiser. Unless Go2DirectAds.com receives prior written notice by email from the Advertiser, all pending sales that are 30 days old will be automatically deemed to be valid and the Affiliate shall be credited for such sale. End of Sale or Lead Tracking Codes ("Codes"): All Advertisers that accept Affiliates and/or receive traffic must insert the Code provided to them by Go2DirectAds.com so that sales, leads and other information can be tracked. Failure to properly insert such Codes within 30 days after acceptance of a Affiliate will result in the deactivation of the Advertiser's sales or other program. Advertiser’s Ability to Change Payout Terms and Make other Changes: Go2DirectAds.com provides you with the ability to change your payout rates and amounts (payout rates can be increased, but may not be decreased), add and remove Affiliates and cancel entire programs at any time. Account Cancellation policy: All programs posted on the Go2DirectAds.com network require a written cancellation letter. Program Cancellation: Go2DirectAds.com shall not be responsible to notify your affiliates if you cancel a program. Refunds: Go2DirectAds.com may refund payments made to Affiliates by Advertisers for illegitimate traffic less service fees payable to Go2DirectAds.com associated with such traffic, subject to the following: (a) the Advertiser’s payments in question were made within 30 days of the Advertiser’s request to Go2DirectAds.com for a refund; (b) a request for a refund for illegitimate traffic from an Affiliate or Affiliates must be sent to Go2DirectAds.com together with sufficient detailed information as to the traffic, source of traffic and payments made that are the subject of the refund request; and Go2DirectAds.com must determine, in its sole discretion, that the traffic in question was not legitimate and directly relates to the requested refund. In no event, shall a refund to an Advertiser exceed $1,000 in any calendar quarter. Go2DirectAds.com shall attempt to reach a determination with regard to each refund request within 60 days after the refund request and required information is submitted to Go2DirectAds.com. Invoices: No invoices should be sent to Go2DirectAds.com by any Advertiser, Affiliate, or other member. Any such invoices received shall be disregarded and shall have no effect. DESCRIPTION OF SERVICES Definitions: Advertiser - a party that has agreed to the terms and criteria of this User Agreement and offers to pay a Payout Rate, as described below, to Affiliates based upon Traffic. An Advertiser may associate with one or more Affiliates. Affiliate (Publisher) - a party that has agreed to the terms and criteria of this User Agreement and allows its web site to include banners and/or other acceptable forms or links to allow for Traffic between the Affiliate and those Advertisers that select such Affiliate’s web site under the Go2DirectAds.com program. An Affiliate may associate with one or more Advertisers. Traffic - legitimate clicks that are made by a third party on an Affiliate’s web site so that the third party can be linked to the Advertiser’s site or allows the third party to initiate or consider a purchase of the Advertiser’s products or services. Legitimate clicks and traffic - determined by Go2DirectAds.com in its sole discretion. It is intended that legitimate clicks and/or traffic are clicks and/or traffic made on an Affiliate’s web site by a person who is not associated with or related to the applicable Advertiser or the Affiliate. Legitimate clicks and traffic excludes all clicks and traffic that is artificially generated. NO WARRANTIES THE FOLLOWING DISCLAIMERS APPLY TO THE EXTENT PERMITTED UNDER APPLICABLE LAW: NOTWITHSTANDING ANY TERM IN THIS USER AGREEMENT TO THE CONTRARY: (A) GO2DIRECTADS.COM DISCLAIMS ALL WARRANTIES EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE GO2DIRECTADS.COM PROGRAM, YOUR USE OF SUCH SERVICE AND ANY PRODUCTS OR SERVICES SOLD ARISING OUT THE USE OF SUCH SERVICE; AND (B) GO2DIRECTADS.COM DISCLAIMS ANY WARRANTY THAT (1) THE GO2DIRECTADS.COM PROGRAM WILL NOT BE INTERRUPTED OR FREE OF ERRORS, (2) THAT DEFECTS WILL BE CORRECTED, (3) THAT THE PROGRAM IS VIRUS FREE, (4) THAT THE SECURITY METHODS USED BY GO2DIRECTADS.COM WILL NOT BE COMPROMISED, AND (5) THAT THE TRAFFIC RECEIVED BY ADVERTISER WILL BE LEGITIMATE TRAFFIC. LIMITATION OF LIABILITY IN NO EVENT SHALL GO2DIRECTADS.COM BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR DIRECT OR INDIRECT DAMAGES, LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES HOWEVER ARISING, INCLUDING, WITHOUT LIMITATION, AS A RESULT OF ANY ACTS OR OMISSIONS OF AN ADVERTISER OR AFFILIATE OR THEIR EMPLOYEES OR AGENTS, OR NEGLIGENCE, OR ARISING OUT OF OR IN CONNECTION WITH THE GO2DIRECTADS.COM SERVICES, INFORMATION PROVIDED BY ADVERTISERS OR AFFILIATES, PRODUCTS OR SERVICES SOLD BY ADVERTISERS OR AFFILIATES, THIS USER AGREEMENT OR TRANSACTIONS BY OR AMONG ADVERTISERS AND AFFILIATES, OR THIRD PARTIES WHO TRANSACT BUSINESS WITH ANY ADVERTISER OR AFFILIATE. EXCEPT AS EXPRESSLY PROVIDED FOR OTHERWISE IN THE REFUND PARAGRAPH OF THIS USER AGREEMENT, GO2DIRECTADS.COM LIABILITY TO YOU OR ANY THIRD PARTIES IN ANY AND ALL CIRCUMSTANCE IS LIMITED TO THE OUTSTANDING AMOUNT OF BALANCES DEPOSITED OR BALANCES ACCRUED AS AN ACTIVE GO2DIRECTADS.COM MEMBER MINUS TRANSACTION PAYOUTS (I.E. MONIES PAID TO AFFILIATES FOR TRAFFIC SENT TO AN ADVERTISER) AND GO2DIRECTADS.COM SERVICE CHARGE(S). THIS LIMITATION OF LIABILITY IS APPLICABLE TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW. Go2DirectAds.com does not endorse or approve or make any inquiry about any products or services offered by an Advertiser or Affiliate. Further, Go2DirectAds.com does not investigate or conduct any inquiry as to the legitimacy, financial ability, actual existence or any other matter concerning any Affiliate or Advertiser. You agree to indemnify, defend, and hold harmless Go2DirectAds.com and its affiliates, directors, officers, employees and agents from for and against any and all liability, claims, costs, expenses, injuries, and losses, including reasonable attorneys’ fees and costs, arising directly or indirectly out of any disputes between you and any other party relating to this Agreement or services provided by Go2DirectAds.com. MISCELLANEOUS This User Agreement reflects the entire agreement between you and Go2DirectAds.com and may only be amended by a written agreement signed by an authorized agent of Go2DirectAds.com and you; however, Go2DirectAds.com reserves the right to make changes to this User Agreement at any time and notify you by email or other similar means and upon sending notice such change or amendment shall be effective, subject to your election to immediately terminate the Go2DirectAds.com program services by sending a written notice to Go2DirectAds.com. This User Agreement shall be for the benefit of and be binding upon the parties to this User Agreement and their successors and assigns. If any term of this User Agreement shall be adjudged by a court to be invalid or unenforceable, then the remaining terms will continue in full force and effect. In the event of any dispute arising out of this User Agreement, the internal laws of the state of Connecticut shall govern. You agree to submit to the personal jurisdiction of the state and Federal courts located in Connecticut in the event of any legal proceeding arising out of this Agreement. You agree that the United Nations Convention on the International Sale of Goods shall not apply to any dispute arising out of or in connection with this User Agreement. No rights under this User Agreement may be assigned by you.
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