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JuicyAds.com Terms of Service
First Draft, August 1st, 2007.
Second Draft, June 19, 2009.
Third Draft, December 8, 2009.
Updated PROHIBITED USES, Feb 7, 2010.
JuicyAds is an advertising brokerage service accessible at www.juicyads.com, which allows website Publishers to place ads on their websites and for Advertisers to buy the space, hereby known as "JuicyAds".
Users are individuals or companies with registered through the JuicyAds service as either an Advertiser or a Publisher.
Publishers are Users who sell advertising through the JuicyAds service.
Advertisers are Users who buy advertising through the JuicyAds service.
Website is any link, web page, or URL made accessible via the internet that is used in connection with JuicyAds as either a Publisher website, or an Advertiser link.
Content is the data contained inside a Website, including but not limited to text, images, or links.
ACCESS TO SERVICES; Subject to the terms and conditions of this agreement, which may change without notice. Users access to JuicyAds may be suspended or terminated at any time. JuicyAds may change, suspend, or discontinue services at any time, including certain features, products, without notice or liability. JuicyAds reserves the right to refuse access to services to any applicant at any time, at its discretion.
USE OF SERVICES; Constitutes Users agreement to these Terms of Service. User must be at least 18 years of age and legally permitted to use services and access JuicyAds, and takes full responsibility for the selection and use of the JuicyAds' service. Users agree to provide accurate information while using JuicyAds. This agreement is void where prohibited by law, and the right to access the site is revoked in such jurisdictions.
RESTRICTIONS; Any Website that fails to meet JuicyAds's quality standards may be suspended without notice. JuicyAds accepts no responsibility for any Websites. JuicyAds reserves the right to refuse services to any Website at any time, at its discretion.
(i) PROHIBITED WEBSITES; The following are prohibited from using the JuicyAds service:
(a) Incentive-based or any "paid to click" Website that solicit or encourages visitors to click ads, or otherwise compensate visitors for clicking advertisments.
(b) MP3, Warez, Password, Torrent or other Websites containing or promoting illegal software or content.
(c) Websites or pages comprised or containing mostly ads, cluttered ad pages, or "banner farms"
(d) Any Website containing or promoting the or spread of trojans, viruses, any malicious code, or auto installing scripts.
(e) Websites using auto-redirects, auto-refreshes, or similar code to divert users.
(f) Websites that have a large amount of proxy traffic.
(ii) RESTRICTED WEBSITES; The following may be removed without notice:
(a) Websites written in languages other than English.
(b) Websites that contain high volume of traffic from "Tier3" countries, including but not limited to sites with traffic that is undesirable to Advertisers.
(c) Websites that contain excessive advertising (ie. popups, interstatials).
FEES AND PAYMENT; Is to be made to Publishers once ad space is delivered, known hereafter as "Payment."
(i) Payment can be requested by Publishers at any time, if their account balance is above the minimum, and the previous payment was not made within the previous 14 days.
(ii) JuicyAds commission rate is 25% and is subtracted from Publishers account balance. Lower commission rates are available for high quality publishers with large advertising inventory ($2500+ monthly).
(iii) Users are eligible for a 20% revenue share for referring Publishers who sell direct ad spots to Advertisers. The 20% rate is based on JuicyAds' commission, and is paid out indefinitely, subject to change. Users will not be paid for referring themselves or 'multiple accounts.'
(iv) Payment will be made via electronic method or by cheque.
(v) Any funds loaded into an account will not be paid out via any other method. Refunds are provided only to source it was loaded from.
(vi) Minimum payout is $100, all other balances will be carried forward.
(vii) Any chargebacks for ads purchased from any Publisher, will be debited from that Publisher's account balance.
AUTORENEWAL AND AUTOPAYMENTS; AutoRenewal is an optional service provided to Advertisers that allows advertising space to be automatically rebilled indefinitely from their account balance.
(i) Advertisers are responsible for management of their AutoRenewal settings, which can be enabled or disabled at any time via their online account.
(ii) AutoRenewal amounts are identical to the previously agreed purchase price for each individual ad.
(iii) Advertisers understand that they will be automatically rebilled via account balance for advertising space with AutoRenew enabled.
IMPLEMENTATION; Publisher agrees to comply with specifications provided by JuicyAds for the proper display of advertisements in connection with the JuicyAds service. Modifying or abuse of advertising display or manipulation of linking code is prohibited.
(i) Publisher is responsible for accurate advertisment pricing and purchase prices provided to Advertisers. JuicyAds will not be held responsible for any errors related to advertising pricing.
(ii) Publisher must select accurate settings for their Website category, niche, or rating. JuicyAds may change or restrict Publisher's settings if they are not accurate.
AD DELIVERY; User agrees that when buying ads, the click statistics provided are based on past performance of other Advertisers and may not reflect the actual traffic they may receive. Actual clicks to an Advertiser's Website will vary and may be higher or lower than past performance. Delivery of Advertising is determined by time, not by clicks or volume of traffic.
Publishers may have transactions voided or partially credited if they fail to deliver purchased advertising space and time. Refunds will be at the sole discretion of JuicyAds. These circumstances include but are not limited to:
(i) Publishers who remove adzones from their website(s) while ads are sold to an Advertiser. Ads must be refunded before removing an adzone.
(ii) Publishers who mislead Advertisers by providing placement descriptions that are grossly inaccurate.
REFUNDS;
(i) Will not be given to Advertisers based on poor advertisment click performance.
(ii) If a Refund is provided, it will be provided only for undelivered advertising time, and will not include delivered advertising time.
(iii) A Refund (full or partial) may be provided if proof of Prohibited Use by a Publisher is provided. JuicyAds will investigate all Refund requests before any Refund is given. Any and all claims must be made within 30 days of initial purchase date, and are at the sole discretion of JuicyAds.
(iv) All refunds are subject to a 5% fee.
(v) Any Publisher, or JuicyAds, can refund any Advertiser ad at any time at their sole discretion.
PROHIBITED USES; Users warrant, represent and agree that it will not contribute, submit or make available through the JuicyAds service, any Website or Content that is infringing, libelous, defamatory, obscene, abusive, offensive or otherwise violates any law or right of any third party. Any fraudulent, abusive, or otherwise illegal activity is grounds for termination of the user’s right to use the JuicyAds service or to access the site. See Prohibited Content.
Users shall not, and shall not authorize or encourage any third party to:
(i) Generate fraudulent impressions or fraudulent clicks on any advertisement, including but not limited to through repeated manual clicks, the use of robots or other automated scripts, tools and/or computer generated requests, generating blind clicks on any advertisment or zone, and/or the fraudulent use of other optimization services and/or software;
(ii) Use any advertisment link outside the provided adzone code; Including but not limited to blind/direct linking, or popups/popunders.
(iii) Edit, modify, filter, or change the order of the information contained in any advertisement, or remove, obscure or minimize any advertisement in any way;
(iv) Redirect an end user away from any web page accessed by an end user after clicking on any part of an advertisement;
(v) Use our service to solicit or privately contact Publishers or Advertisers for private advertising deals.
(vi) Create fraudulent accounts, or multiple accounts for Users that have been previously suspended.
(vii) Use of proxy services, spoofing, or modification of any visitor data.
PROHIBITED CONTENT; User warrants, represents and agrees that it will not contribute, submit or make available through the JuicyAds service, at the sole discretion of JuicyAds, any Website or Content that implies or contains material that is:
(i) Child pornography or underage.
(ii) Rape, abuse, hate, bestiality, scat, or excessively violent.
(iii) Any illegal activity.
(iv) Any obscene material.
PRIVACY POLICY; By navigating to our website, you consent to the collection, use and disclosure of your session data as described in this policy. By registering as a User, you consent to the collection, use and disclosure of your personal information, session data and account data as described in this policy. If you do not consent to have your information used as described in this policy, you must discontinue use of JuicyAds immediately.
(i) Personal Information is information that is specific to a particular person or entity. This excludes but not limited to IP Addresses or Email Addresses, as they can be anonymous.
(a) We collect Personal Information from our Users for contact and verification purposes, including but not limited to: name, telephone number, addresses, tax identifications.
(b) We do not share, sell, or otherwise distribute Personal Information to third-party companies except during police or internal investigations.
(c) We do not collect Personal Information from non-registered Users of our Service.
(d) Personal Information for registered Users is provided to us by those Users at the time of Registration.
(e) Personal Information is stored in a multi-level password protected system. We maintain reasonable security precautions to protect information from loss, misuse and unauthorized access, disclosure, alteration of destruction.
(f) Users understand that no data transmission over the Internet can be guarunteed to be completely secure, and that no data is completely secure from unauthorized third-party access.
INVESTIGATION; User agrees that JuicyAds may investigate any aspect of any account at any time without notice. JuicyAds reserves the right to restrict payments and access to the JuicyAds service while an investigation is active. JuicyAds reserves the right to run diagnostic tests on Users impressions or clicks without compensation.
ACCEPTABLE USE; Users agree that at any time their account and all account activity may be suspended at any time if any portion of this agreement is violated.
LIMITATION OF LIABILITY; In no event shall JuicyAds, its owners, employees, Advertisers, Publishers, Users, or any entity in relation to JuicyAds be liable for any indirect, incidental, punitive, or consequential damages of any kind whatsoever.
NO GUARANTEE, NO WARRANTY; JuicyAds makes no guarantee regarding the level of impressions or clicks to any website or advertisement. Users understand that past advertisement performance does not guarantee or suggest similar future performance. JuicyAds makes no warranty regarding the quality or productivity of advertisements or web traffic. User acknowledges that sophisticated click fraud exists, is not preventable, and that new methods may come into existance; Users agree that JuicyAds is not responsible for any click fraud it is not able to detect.
JUICYADS CONTENT; JuicyAds and its contents are protected by international copyright and trademark laws. All Rights Reserved.
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