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Our Terms
1. General.
For Advertisers A deposit must be submitted to MagicFinds.com in
advance of initial advertising date. By submitting advertising for
inclusion on MagicFinds.com, advertiser/agency agrees to be bound by
the terms of this contract. No conditions other than those set forth
herein shall be binding on MagicFinds.com. This contract supersedes
any previous agreements between MagicFinds.com and advertiser/agency
relating to the subject matter set forth herein. MagicFinds.com's
only obligation to serve advertisements hereunder shall be to serve
advertisements of the advertiser described herein, and in no event
shall MagicFinds.com be obligated to serve advertisements for any
other advertiser.
2. MagicFinds.com Right To Terminate
MagicFinds.com reserves the right to terminate any account if it is
inactive for more than 30 days. MagicFinds.com reserves the right to
terminate the account of any affiliate who publicly posts derogatory
and/or slanderous statements about MagicFinds.com, 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
Ougo Browser, 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 or from one of our searchboxes located on
your website. You may NOT host our portal code on any other 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. MagicFinds.com 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. MagicFinds.com 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
MagicFinds.com are final.
3. Member Responsibilty
All Users sent by you must come from a Web page. Webpage must have
content and not be just a page with a searchbox. Only one afilliate
account is allowed per member. NO incentivized or targeted keyword
searches are allowed. If any affiliate member is found to be
incentivizing, targeting keyword searchs 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.
We will pay for traffic only from the
following countries: Australia, Canada, France, Germany, Italy, United Kingdom and United States.
Some advertisers request USA, and or Canada traffic only and clicks for
those advertisers will be paid accordingly.
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.
4. Payments.
Payments will be made Every Week. Payments are sent
by PayPal Mass Pay or AlertPay Payment. We are not responsible for
payments made to the wrong email address. Please monitor your accounts
closely.
5. Changes and Cancellations.
Cancellations and changes can be made via the advertiser login.
MagicFinds.com's advertising specifications are accessible through
the advertiser login. MagicFinds.com reserves the right to change
any of its advertising specifications at any time.
6. Delivery, Frequency and Makegood.
All figures relating to the number of advertisements served as
determined by MagicFinds.com shall govern, regardless of whether
advertiser/agency is using the services of a third party ad server. If
MagicFinds.com fails to provide the guaranteed number of
impressions, MagicFinds.com will make good on this contract.
7. Keywords and Phrases.
MagicFinds.com offers no exclusivity on keywords or phrases. Each
advertiser will be given ranking positions based upon the bid they
enter on keywords/phrases.
8. Rejections.
MagicFinds.com 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.
9. Licenses and Indemnification.
Advertiser/agency grants MagicFinds.com 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 MagicFinds.com. 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 MagicFinds.com's
acceptance of such advertisements and information for publication, the
advertiser and agency will jointly and severally indemnify and hold
harmless MagicFinds.com 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) MagicFinds.com's performance under
this contract, and (iii) the copying, printing, distributing,
transmitting or publishing of advertiser's / agency's advertisements or
collateral information by MagicFinds.com.
10. Limitation of Liability.
UNDER NO CIRCUMSTANCES WILL MagicFinds.com 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 MagicFinds.com HAS BEEN
ADVISED AS TO THE POSSIBILITY OF SUCH DAMAGES.
11. Copyright .
All CONTENT of MagicFinds.com.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 MagicFinds.com
are permitted to use banner(s) and or searchbox(es) provided as is.
Altering banners or searchboxes without prior approval of
MagicFinds.com staff is strictly prohibited.
12. Change Of Terms
MagicFinds.com 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 MagicFinds.com program and any use of the
MagicFinds.com 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.
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