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Terms and Conditions

 

The Publishers and Advertisers dealing with QueryAds.com (hereinafter, referred to as ‘We’ or ‘Website’) shall be subject to the following terms and conditions (hereinafter, referred to as ‘Agreement’). We reserve the right to update, modify, change, expand, or abridge this Agreement anytime without any notice to anyone. Unless otherwise expressly stated, such updates shall become operational as soon as they are posted on this page. The Publishers and Advertisers are advised to periodically check this Agreement with regard to any transaction they are planning to enter into with this Website. Once registered with this Website, it is implied that you have read, understood, and agree to adhere to the applicable provisions contained hereunder.

 

Last Modified: June 3, 2009

 

 

Definitions

Advertiser – is a customer of QueryAds.com, who creates the Advertising Material, and appoints QueryAds.com as its agent to negotiate and display such Advertising Material on the Publisher’s website(s). Further, he bids on the keywords in order to secure the services of QueryAds.com for his advertising campaign.

 

Advertising Material – includes, but not limited to, all the text, designs, graphics, images, logos, trademarks and copyrights created by Advertiser for any kind of advertising.

 

PPC – Pay-Per-Click, one of the methods of determining payment to the publisher under the terms mentioned herein.

 

Publisher – is a customer of QueryAds.com, and includes all the websites, partners, distributors, marketers, ad-resellers, etc. that have signed or collaborated with QueryAds.com to promote the products and/or services of the Advertiser(s) on their website(s).

 

 

Description of Services

QueryAds.com is a PPC online advertisement service for the Advertisers and the Publishers for their mutual benefit. The Advertisers deliver the advertising material to QueryAds.com, which is posted on the website(s) of the Publisher(s) that are registered with QueryAds.com. For this purpose, the advertising code on the Publisher’s website(s) is used to extract Search Engine queries, and this data is used to allow the Advertisers to bid upon.

 

 

General Terms and Conditions for Advertisers

The Advertiser signing up with QueryAds.com undertakes, understands, and agrees to the following sub-clauses. For the sake of brevity, the phrase ‘he’ is used to denote Advertiser in this clause.

 

  1. Capacity to Contract: That he is a legal person capable of entering into a contractual obligation with QueryAds.com. And that he is not suffering from any legal impediment – temporary or permanent – to enter into a valid contract.
  2. Account Responsibility: That he shall be solely responsible for controlling access to the password-protected Account provided by QueryAds.com. And that he shall maintain the confidentiality and integrity of the password of his Account.
  3. Advertising Material Responsibility: That he shall be solely responsible for the development and subsequent editing (if requested) of his Advertising Material. That his Advertisement Material shall not contain any content that is pornographic, obscene, profane, violent, spreading hatred, discriminatory, libelous, defamatory, racial, or anything that is considered illegal as per the applicable law. That all the rights, tile, and interest in the Advertising Material vest with the Advertiser.
  4. Intellectual Property Rights: That he shall retain all the Intellectual Property Rights including, but not limited to, copyright, trademark, patent, design, etc., in the Advertising Material so delivered to QueryAds.com.
  5. License: That he grants QueryAds.com a limited license to access, use, display, perform, transmit and promote the Advertising Material, and to make internal copies as necessary for providing efficient services to the members of this Website.
  6. Ownership of Material Provided By QueryAds.com: That QueryAds.com shall own all the rights, titles and interests in any software or hardware provided by QueryAds.com to the Advertiser at any time during the subsistence of this Agreement. Further, the Advertiser shall have no right whatsoever, including proprietary and/or intellectual, in any text, designs, graphics, images, logos, software, etc. created by QueryAds.com for the Advertiser, except the right to use it for the specific purpose of his advertising campaign.
  7. Disclaimers: That QueryAds.com does not guarantee that the Advertisement Material will be displayed in any particular context or in response to any particular behavior on the Publisher’s website(s). That QueryAds.com also does not guarantee the effectiveness of the Advertising Material.
  8. Reimbursement: That the Advertiser shall reimburse QueryAds.com all costs incurred, including reasonable court and attorney’s fees and expenses, if any legal action is initiated by QueryAds.com to collect amounts owed by the Advertiser under this Agreement.
  9. Right to Cancel Account: That QueryAds.com reserves the right to cancel the Advertiser’s account if it is found, upon reasonable inquiry, that such Advertiser is in breach of any, some, or all the terms of this Agreement.
  10. Request to Cancel Account: That QueryAds.com shall cancel the Advertiser’s account upon a written request from such Advertiser regarding the same, provided all the pending payments due to QueryAds.com are cleared by such Advertiser.
  11. Inherent Right: That QueryAds.com reserves the right to reject any Advertisement Material delivered by the Advertiser for any or no reason whatsoever, without any prior notice to anyone.

 

 

Fees and Payment Terms for Advertisers

All the applicable and payable fees and commissions shall be communicated to the Advertiser at the time of signing up, or after signing in his Account.

 

Unless otherwise specified, payment for the services rendered by QueryAds.com becomes due within 30 days from the end date of the advertising campaign. All the outstanding amounts beyond the stipulated due date shall carry interest-penalty at the rate of 2% per month from the date of invoice, till the time the amount (with penalty) is fully paid.

 

The Advertiser shall be solely responsible for the payment of all applicable taxes.

 

 

General Terms for Publishers

The Publisher signing up with QueryAds.com undertakes, understands, and agrees to the following sub-clauses. For the sake of brevity, the phrase ‘he’ is used to denote Publisher in this clause.

 

  1. Capacity to Contract: That he is a legal person capable of entering into a contractual obligation with QueryAds.com. And that he is not suffering from any legal impediment – temporary or permanent – to enter into a valid contract.
  2. Account Responsibility: That he shall be solely responsible for controlling access to the password-protected Account provided by QueryAds.com. And that he shall maintain the confidentiality and integrity of the password of his Account.
  3. Advertising Material Responsibility: That he shall deliver the Advertising Material on his website strictly according to the instructions of QueryAds.com. For the purposes of delivery, QueryAds.com shall provide the Publisher with the linking instructions, URL, banner, and alternative text for the Advertising Material. Further, QueryAds.com reserves the right to make changes to the Advertising Material, which shall be notified to the Publisher via email, telephone, or fax. In the event Publisher fails to run the Advertising Material according to the instructions, QueryAds.com may require appropriate delivery of additional Advertising Material and/or a proportional or total reduction in the amount payable.
  4. Confidentiality: That he shall not alter, sell, or disclose the instructions given by QueryAds.com as per the preceding sub-clause to any third party. In the event of any violation of this sub-clause by the Publisher, QueryAds.com reserves the right to either reduce or eliminate any and all payments due hereunder, and/or terminate this Agreement as provided herein.
  5. Calculation of Statistics: That QueryAds.com shall be solely responsible for the calculation of statistics, including Impressions and click-through numbers, and that none of these calculations can be called into question in case of a payment dispute with the Publisher.
  6. Intellectual Property Rights: That no Intellectual Property Rights, including but not limited to copyrights, trademarks, names, service marks, designs, etc., relating to the Advertising Material is transferred or assigned to the Publisher. The Publisher only gets a limited non-exclusive license to carry the Advertising Material on his website(s).
  7. Legitimate Clicks: That he shall not use any fraudulent means to generate unusually large numbers of clicks and banner calls. However, a reasonable number of clicks for testing purposes are permissible.
  8. Ownership of Material Provided By QueryAds.com: That QueryAds.com shall own all the rights, titles and interests in any software or hardware provided by QueryAds.com to the Publisher at any time during the subsistence of this Agreement. Further, the Publisher shall have no right whatsoever, including proprietary and/or intellectual, on any text, designs, graphics, images, logos, software, etc. created by QueryAds.com for the Publisher’s website(s), except the right to use it for the specific purpose of advertising campaign.
  9. Disclaimers: That QueryAds.com does not guarantee that the Advertisement Material will be displayed in any particular context or in response to any particular behavior on the Publisher’s website(s).
  10. Reimbursement: That the Publisher shall reimburse QueryAds.com all costs incurred, including reasonable court and attorney’s fees and expenses, if any legal action is initiated by QueryAds.com to collect amounts owed by the Publisher for breach of this Agreement, or for any other legal reason.
  1. Right to Cancel Account: That QueryAds.com reserves the right to cancel the Publisher’s account if it is found, upon reasonable inquiry, that such Publisher is in breach of any, some, or all the terms of this Agreement. In such an event, QueryAds.com reserves the right to withhold any amount in the Publisher’s account till the time the Publisher reimburses the losses incurred by QueryAds.com due to such breach.
  2. Request to Cancel Account: That QueryAds.com shall cancel the Publisher’s account upon a written request from such Publisher regarding the same, provided all the pending payments due to QueryAds.com are cleared by such Publisher. If the Publisher has some amount standing in his account, QueryAds.com shall refund such amount after making all adjustments pertaining to legal and legitimate claims of QueryAds.com against the Publisher.
  3. Inherent Right: That QueryAds.com reserves the right to reject the request of any Publisher to join QueryAds.com for any or no reason whatsoever, without any prior notice to anyone.

 

 

Eligible Sites for Publishers

Publishers with the following kinds of websites shall be outrightly refused registration, and are therefore, not eligible to join QueryAds.com network –

 

  1. Content of the site, directly or indirectly, promotes pornography, obscenity, vulgarity, abuse, profanity, violence, spreads hatred, discrimination, libel, defamation, racial discrimination, or anything that law considers illegal;
  2. Content of the site, directly or indirectly, infringes the rights of others, including but not limited to copyright, trademarks, names, designs, and other intellectual property rights, or which promotes copyright piracy;
  3. Content of the site, directly or indirectly, transmits or promotes the transmission of inappropriate newsgroup postings or unsolicited e-mail (spam);
  4. Content of the site, directly or indirectly, promotes illegal activities in any manner whatsoever;
  5. Websites under construction;
  6. Content of the site, directly or indirectly, provides incentives of some kind to require or encourage users to click on ad banners, or ‘Forced Clicks’ systems, or ‘Paid4sites’ (charities, sweepstakes, etc.), visitor exchange programs, clan-sites, warez sites, and torrent sites;
  7. Websites with extremely low viewership.

 

 

In this regard, QueryAds.com decides the qualification or disqualification of the Publisher’s website in its sole discretion. The decision of QueryAds.com shall not be called into question at any stage or in any eventuality whatsoever.

 

 

Payment Terms for Publishers

QueryAds.com shall pay the Publisher his Publisher earnings for Advertising Material actually delivered by Publisher to each of Publisher’s website(s) approved by QueryAds.com during the applicable calendar month and for which QueryAds.com has been paid for by the Advertiser, within 30 business days after the end of each month for that month’s earnings. QueryAds.com shall not be liable to the Publisher for payments due but unpaid from the Advertiser.

 

Publishers have the option to receive payments from QueryAds.com via two modes – Check or PayPal.

 

All the payments through QueryAds.com are processed in US Dollars (USD)

 

For withdrawal purposes, the minimum amount permissible is $50. In case a Publisher has less money in his account, the balance will be carried over to the next billing period and the payment will be disbursed when the minimum balance is available in Publisher’s account.

 

The Publisher shall be solely responsible for the payment of all applicable taxes.

 

QueryAds.com reserves the right to cancel any payment if the Publisher violates any, some, or all, of the terms and conditions set forth herein.

 

 

Limitation of Liability

EXCEPT IN JURISDICTIONS WHERE SUCH PROVISIONS ARE RESTRICTED, IN NO EVENT SHALL QUERYADS.COM BE LIABLE TO THE ADVERTISERS OR PUBLISHERS OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM ADVERTISERS’ OR PUBLISHERS’ USE OF THE SERVICES, EVEN IF QUERYADS.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, QUERYADS.COM’S LIABILITY TO THE ADVERTISERS OR PUBLISHERS FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY THE ADVERTISERS OR PUBLISHERS TO QUERYADS.COM FOR THE SERVICES RENDERED BY THIS WEBSITE DURING THE TERM OF THEIR MEMBERSHIP.

 

 

Indemnity

The Advertiser and Publisher agrees to indemnify and hold QueryAds.com and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to, or arising out of, or related to, the indemnifying party’s breach of any of its representations or warranties listed in this agreement.

 

 

Force Majeure

QueryAds.com shall not be liable for any delay in performing any of its obligations under this Agreement, if such delay is caused by circumstances beyond its control.

 

QueryAds.com shall be entitled to a reasonable extension of time for the performance of any such obligations.

 

 

Confidentiality

Unless required by law, the Advertiser and Publisher agree not to disclose any confidential information pertaining to QueryAds.com to the parties outside the relationship, or to the employees of the Advertiser or Publisher, other than the employees or agents under appropriate burden of confidentiality and who are required to have the information in order to carry out the discussions and/or tasks regarding the relationship. For confidentiality purposes, all the communications between QueryAds.com and the Advertiser or Publisher are considered confidential.

 

 

Assignment

Advertiser and Publisher agree not to assign this Agreement to anyone without prior written consent from authorized personnel of QueryAds.com.

 

QueryAds.com is free to assign this Agreement to its parent or other affiliated corporate entity or to a successor in interest without consent from, or notice to, Advertiser or Publisher. This Agreement is binding on successors and assignees.

 

 

Waiver

Failure to enforce any provision of this Agreement shall not constitute a waiver of any term thereof.

 

 

Severability

If any provision of this Agreement is held by a court of competent jurisdiction to be illegal, invalid or unenforceable, the remaining provisions shall remain in full force and effect.

 

 

Jurisdiction

Any dispute arising out of a conflict pertaining to one or more clauses of this Agreement shall be subject to the jurisdiction of the laws as applicable in the State of ________, United States of America.

 
 
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