Terms & Conditions
To become a Member or otherwise use the Site, you must be at least eighteen years old and may only use the Site and Programs for lawful purposes. You may not attempt to gain unauthorized access to any Programs, user accounts, or computer systems or networks through hacking, password mining or any other means. You may not use any robot, spider, scraper or other automated means to access the Site or Programs for any purpose without our express written permission. We may take any legal and technical remedies to prevent the violation of this provision.
2. Changes to this Agreement
This Agreement governs your relationship us. In our discretion, we may change this Agreement in whole or in part, at any time, with or without notice to you. If you disagree with the changes to this Agreement, you can always discontinue your use of the Site. We recommend that you print or copy any information you have stored through the Programs prior to cancelling. Your ongoing use of any of the Programs or of the Site after any changes take effect signifies your agreement to the new terms.
3. Changes to the Programs
We may from time to time add new Programs, substitute a new Program for an existing Program, or discontinue an existing Program. Information about new Programs will be included on the Site, and the use of new Programs will be governed by this Agreement.
4. Bonuses & Other Rewards
We periodically offer bonuses, coupons, or other rewards in the Programs. To qualify for such bonuses and coupons, a Member must maintain an Active Account (as defined below). All bonuses, coupons, and other rewards expire sixty (60) days following the date of issuance thereof.
5. Deposits are Non-Refundable After 90 Days
All deposits made are non-refundable after ninety (90) days. Requests for refund of unspent deposits made to an Advertiser’s account will only be honored if made in writing by the Advertiser within ninety (90) days of deposit of such sums. The amount refunded will reflect the balance of the amounts remaining in your account minus all bonuses, coupons, inactive account fees and other charges, or rewards pursuant to any of the Programs. Requests for a refund must be made in writing to firstname.lastname@example.org.
6. Maintenance of Active Account
In order to maintain an Active account with us ("Active Account"), you must provide the following information and immediately update such information if it changes: a valid email address, a valid postal mailing address, your first and last name, and a password to protect your account. In addition, in order to maintain an Active Account, (i) each Advertiser must have logged in to the Site within the last six (6) consecutive months, (ii) and each Blogger must have performed sponsored blog-writing posts and been paid pursuant to one of the Programs during the last six (6) consecutive months.
7. Failure to Maintain Active Account
If you are an Advertiser and fail to maintain an Active Account that has a cash balance, we reserve the right to debit your account balance ten dollars ($10.00) each month to cover the cost of account maintenance until: (i) you reactivate your account by logging in and/or you update your account information as required above, or (ii) your account balance is zero. If the balance in your account is or becomes zero, we will close the account, disable your access to the Programs and cease to maintain your account. The account maintenance charge will not cause your account balance to become negative. If you are a Blogger and fail to maintain an Active Account, we reserve the right to close the account and cease to maintain your account and disable your access to the Programs.
We may debit your account balance and/or close your account, as set forth above, all without prior notice to you. Regardless of your account balance or log-in activity, if your account remains inactive for one (1) year, we will close the account permanently and cease to maintain your account and disable your access to the Programs.
Each Advertiser should review the posts and other Blogger services provided through the Programs to ensure the Advertiser’s requirements have been met. We will not take any action with respect to a post or other Blogger service provided through the Programs unless the Advertiser enters a complete support ticket within seven (7) days following the applicable order. If a support ticket is completed and timely submitted, we will review the matter and, if we determine in our sole and absolute discretion that further action is warranted, we will attempt to contact the Blogger. If we determine in our sole and absolute discretion that a refund is warranted, we may issue a refund to Advertiser’s account and close the support ticket. We reserve the right to permanently close any support ticket where the Blogger has revised the post or other content to our satisfaction or where the Blogger and/or Advertiser have failed to respond to our inquiries and/or follow up communications.
If a post by a Blogger provided through the Programs is removed from the Blogger’s website by the Blogger within thirty (30) days following the applicable order, we will issue a credit to the Advertiser’s account in the amount paid for such post; provided that such credit may only be used to pay for future posts by Bloggers through the Programs. Notwithstanding the foregoing, no credit will be issued if: (i) the post is removed due to the actions or omissions of Advertiser, (ii) the cost of the purchased post is $5.00 or less, or (iii) the Blogger’s entire website is taken down, no longer online, or otherwise not functioning.
Bloggers are prohibited from contacting Advertisers outside of the Programs and/or Site. We may refuse payment to any Blogger if a post or other service provided by Blogger does not meet our requirements or the requirements of any Advertiser, in each such party’s sole and absolute discretion. Participation in the Programs and the opportunity to earn bonuses and coupons are offered in our sole discretion.
10. No Responsibility for Advertisers or Bloggers
You agree that we are not an agent of any Blogger or Advertiser and that such persons or entities are not under our control. Accordingly, we do not represent or warrant, or give any assurances, that any Advertiser will provide payment for any particular transaction even where such transaction would appear to qualify for such payment. We are not responsible for the failure of any Advertiser to pay in accordance with the terms of any Program or this or any other agreement. We do not have any duty to control the content that any Blogger, Advertiser, or any other users make available through the Site, and we are not liable for the accuracy of any content displayed through the Site. You assume all risk related to content by an Advertiser or Blogger.
11. No Warranties
WE PROVIDE THE SITE AND THE PROGRAMS "AS IS," "WITH ALL FAULTS" AND "AS AVAILABLE." EXCEPT AS PROVIDED HEREIN, WE MAKE NO EXPRESS OR IMPLIED WARRANTIES OR GUARANTEES ABOUT THE SITE OR PROGRAMS INCLUDING, WITHOUT LIMITATION, THE SUCCESS OF ANY ADVERTISING PROGRAM OR THE LENGTH OF TIME A BLOG POST WILL REMAIN ON A BLOG. TO THE EXTENT PERMITTED BY LAW, WE DISCLAIM IMPLIED WARRANTIES THAT THE SITE AND PROGRAMS ARE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. WE DO NOT GUARANTEE THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE AND PROGRAMS WILL BE EFFECTIVE, RELIABLE, ACCURATE OR MEET YOUR REQUIREMENTS. WE DO NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE SITE AND PROGRAMS (EITHER DIRECTLY OR THROUGH THIRD-PARTY NETWORKS) AT TIMES OR LOCATIONS OF YOUR CHOOSING. NO ORAL OR WRITTEN INFORMATION GIVEN BY OUR REPRESENTATIVES SHALL CREATE A WARRANTY. YOU USE THE SITE AND THE PROGRAMS AT YOUR OWN RISK.
12. General Limitation of Liability
YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH US IS YOUR DISCONTINUANCE OF USE OF THE SITE. IN NO EVENT SHALL OUR CUMULATIVE LIABILITY TO YOU FOR ANY AND ALL CLAIMS RELATING TO THE USE OF THE SITE AND PROGRAMS EXCEED THE TOTAL AMOUNT OF FEES, IF ANY, THAT YOU PAID DURING THE PRIOR SIX MONTHS FOR THE SPECIFIC PROGRAM AT ISSUE AND, IF NO PAYMENT WAS MADE, OUR CUMULATIVE MONETARY LIABILITY WILL BE ZERO. WE SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF OR INABILITY TO USE THE SITE AND PROGRAMS. THESE EXCLUSIONS APPLY TO ANY CLAIMS FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY APPLICABLE LAW.
In addition to deactivating your account for the other reasons set forth herein, we may terminate and/or suspend your use of the Site immediately and without notice if there has been a violation of this Agreement or other policies and terms posted on the Site.
Upon a request by us, you agree to defend, indemnify, and hold harmless us, our employees, contractors, officers, directors, agents, affiliated companies, and suppliers, from all liabilities, claims, and expenses, including attorneys’ fees, which arise from or relate to your use or misuse of the Site and the Programs. We reserve the right to assume control of the defense of any third party claim that is subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
15. Choice of Law; Resolution of Disputes
You agree that the laws of the State of Arizona govern this Agreement and any claim or dispute that you may have against us, without regard to conflict of laws. You further agree that any disputes or claims that you may have against us will be resolved by binding arbitration by a single independent and impartial arbitrator under the applicable Commercial Dispute Resolution Procedures and Supplementary Procedures for Consumer-Related Disputes of the American Arbitration Association. Notwithstanding the foregoing, we reserve the right to pursue the protection of intellectual property rights and confidential information and to stop other illegal activities through injunctive relief or other equitable relief through the courts. The exclusive venue for the arbitration shall be Phoenix, Arizona.
16. Site Content
Excepting any content prepared or provided by a Blogger or Advertiser, all of the content available on or through the Site or the Programs is owned by us, and is protected by copyright, trademark, patent, and trade secret laws, other proprietary rights, and international treaties, and also may have security components that protect digital information.
17. Entire Agreement
This Agreement any supplemental terms, policies, rules and guidelines posted on the Site and the Programs and constitutes the entire agreement between you and us and supersedes all previous written or oral agreements. If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
18. Procedure for Making Claims Under DMCA
The Digital Millennium Copyright Act (“DMCA”) provides recourse to copyright owners who believe that their rights under the United States Copyright Act have been infringed by acts of third parties over the Internet. If you believe your copyrighted work has been copied without your authorization and is available on this Site in a way that may constitute copyright infringement, you may provide notice of your claim to our Designated Agent, as listed below. A notice must include the following information to be effective:
1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; 2. A description of the copyrighted work that you claim has been infringed; 3. A description of where the material that you claim is infringing is located on this Site; 4. Information reasonably sufficient to permit the service provider to contact the complaining party, such as address, telephone number, and, if available, an e-mail address at which the complaining party may be contacted; 5. A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and 6. A statement by you, made under penalty of perjury, that you are authorized to act on behalf of the intellectual property owner of the right that is allegedly infringed.
1001 W. Southern Ave. Ste. 118
Mesa, AZ 85210