ADVERTISER TERMS AND CONDITIONSIntroductionThis Agreement shall govern participation in the NetDiz Advertising Network Program ("Program"). By participating in the Program, you are entering into a binding and enforceable legal agreement with NetDiz and you agree to accept these Terms and Conditions. The term 'Advertiser' shall refer to any individual or entity who accepts the terms and conditions of this Agreement by submitting the advertiser registration form. The Program is offered to you by Netdiz Limited, the owners and operators of NetDiz Advertising Network ("NetDiz"). Services Advertisers that register with NetDiz for access to our proprietary services and agree to comply with the terms and conditions of this Agreement, may advertise on our pay-per-click search engine by submitting their Web site listings and bidding on relevant keywords for placement on our system. Advertisers may use NetDiz's Web-based account management interface to submit Web site listings and place monetary bids on keywords that are relevant to their site offering. Our search results, which include the submissions received from Advertisers, are distributed through our Web site, www.netdiz.com, and through our network of traffic partner sites. We automatically deduct the bid amount from the Advertiser's account for every click that we deliver to our Advertisers through our Web site and our network. All submissions to our search engine must comply with the terms and conditions contained in this Agreement. NetDiz retains the right to reject any ad submission, in whole or in part, all at its sole and exclusive dis Fees The Advertiser agrees that NetDiz will automatically, and without notice, deduct the amount of the Advertiser bid from the Advertiser's account each and every time that we deliver a confirmed click-through to the Advertiser's Web site listing(s). NetDiz shall make the determination of whether a confirmed click-through was delivered to an Advertiser, based on its established requirements for validating click-throughs. In order to activate a bidding account with NetDiz, the Advertiser must pay an initial, nonrefundable enrollment fee of $10, which shall be applied towards the Advertiser's click-through charges. The Advertiser hereby agrees and acknowledges that NetDiz will not refund the first $10 deposited by the Advertiser, as this amount represents the Advertiser's nonrefundable enrollment fee. Any and all unused amounts in excess of the initial $10 deposit shall be refundable, at the request of the Advertiser. Any inquiries related to billing, or any request for refunds, should be e-mailed to ads@netdiz.com Payment Deposits. NetDiz requires payment in advance for all Advertiser accounts. Advertisers must fund their accounts with at least $10 in order to activate their accounts. Only accounts with positive balances of at least as much as the Advertiser's lowest keyword bid shall remain active in our database. All accounts that fall below this funding requirement shall be placed on hold, and all listings shall be removed, until the account is funded. Forms of Payment. Advertisers may pay by credit card, PayPal, wire transfer or by company or personal check. Amounts shall be applied to Advertiser's accounts only upon receipt of funds. For all forms of payment other than credit card or PayPal, there may be an up to 14-day delay in depositing funds into the Advertiser's account. Charges. NetDiz shall automatically deduct payment for each click-through from the Advertiser's account as and when each click-through is delivered. Account Suspension or Termination. NetDiz reserves the right to suspend or terminate the Advertiser's account, without limitation, if payment cannot be charged to the Advertiser's credit card, if the Advertiser's check is returned, or if a credit card chargeback is posted to the Advertiser's account. Advertiser's rights and responsibilities Advertiser Submissions. The Advertiser may submit their ad and bid on keywords using our online interface. The Advertiser acknowledges that by submitting such material to NetDiz, the Advertiser is irrevocably granting NetDiz the unlimited right to distribute the material, in whole or in part, through its Web site and its network of traffic partner Web sites. Submission Requirements.The Advertiser is required to submit accurate and relevant site titles and descriptions, a target URL that triggers an immediate redirect to a live page, and keyword bids that are directly relevant to the offering of the Advertiser's Web site. The Advertiser must do so in accordance with the requirements of this Agreement. Listings containing "Adult" Content. In submitting all listings, Advertisers must indicate whether the content of their Web site includes "adult" content. We require our Advertisers within this category to advise us of such content and to bid only on keywords that are clearly within this category and directly relevant to the content on their Web sites. NetDiz will terminate any Advertiser that submits any false or misleading information relating the content of their Web site, or bids on non-adult keywords to drive traffic to sites containing "adult" content. Right to Reject or Modify Listings. NetDiz reserves the right, without notice to the Advertiser, to accept, reject or remove any search listing advertisement for any reason, at any time, at its sole and absolute discretion. Prohibited Listings. The following are examples of the type of sites we will NOT ACCEPT in our Program without exception:
Indemnification The Advertiser agrees to indemnify and hold NetDiz, its affiliates and their respective employees, consultants and other agents harmless from and against any losses, costs, damages or expense (including reasonable attorneys' fees) resulting from claims or actions arising out of or in connection with Advertiser's participation in the NetDiz Advertising Program, Advertiser's website content or Advertiser's breach of any agreement, representation or warranty hereunder, including, without limitation, third party claims for infringement of copyright or other intellectual property rights and violation of rights of privacy and publicity. You agree that you are solely responsible for defending any claim, and for payment of damages or losses resulting from the foregoing to both a third party and to NetDiz. Warranty disclaimer and limitation of liability THE ADVERTISER EXPRESSLY AGREES THAT THE USE OF NETDIZ IS AT THE ADVERTISER'S OWN RISK. NETDIZ MAKES NO WARRANTY OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS OF THE ANY SERVICE PROVIDED BY NETDIZ FOR A PARTICULAR PURPOSE INCLUDING, WITHOUT LIMITATION, THE NUMBER OF CLICKS PER ADVERTISEMENT WHICH WILL BE DELIVERED AND THE SUCCESS OF THE ADVERTISER LISTINGS. NETDIZ, ITS EMPLOYEES, CONSULTANTS AND OTHER AGENTS SHALL NOT BE LIABLE FOR ANY LOSS, COSTS, DAMAGE OR EXPENSE (INCLUDING REASONABLE ATTORNEY'S FEES) INCURRED BY ADVERTISER IN CONNECTION WITH THE ADVERTISING PROGRAM OR INCURRED BY ADVERTISER AS A RESULT OF ANY SERVICES PROVIDED BY NETDIZ AND/OR ITS AFFILIATES INCLUDING, WITHOUT LIMITATION, THE CONTENTS OF ANY WEB SITES OR PAGES, ANY TECHNICAL MALFUNCTION, COMPUTER ERROR, LOSS OF DATA, DELAY IN OPERATION, COMPUTER VIRUSES, COMMUNICATION LINE FAILURE, DESTRUCTION OR UNAUTHORIZED USE OR ACCESS TO ANY WEB SITES OR RECORDS, OR OTHER INJURY DAMAGE OR DISR Termination If the Advertiser is dissatisfied with NetDiz Advertising Program for any reason, the Advertiser's sole and exclusive remedy is to terminate its account. The Advertiser may cancel the Advertiser's participation in NetDiz Advertising Program at any time by e-mailing to ads@netdiz.com. |
Advertiser Terms and Conditions |