Calltermination.info Advertising Terms and Conditions
These Calltermination.info Advertising Program Terms ("Terms") are entered into by you and
Calltermination.info ("Calltermination.info") regarding the Calltermination.info Advertising Program ("Program")
as further described in the Program's frequently asked questions at
http://www.Calltermination.info/support.php (the "FAQs") (collectively,
the "Agreement"). You represent and warrant that you are
authorized to act on behalf of, and bind to this Agreement, any third party
for which you generate ads. You hereby agree and
acknowledge:
Policies. Program
use is subject to all applicable Calltermination.info and Partner policies, including
without limitation the Editorial Guidelines, Calltermination.info Privacy Policy
and Trademark Guidelines.
Policies may be modified any time. You shall direct only to Calltermination.info
communications regarding your ads on Partner Properties. Calltermination.info may modify ads to comply with any Calltermination.info
Property or Partner Property policies.
The Program. You
are solely responsible for all: (a) keywords, and ad targeting options
(collectively "Targets") and all ad content and ad URLs ("Creative"),
whether generated by or for you; and (b) web sites proximately reachable
from Creative URLs and your services and products (collectively "Services").
You shall protect your passwords and take full responsibility for your
own, and third party, use of your accounts. Ads may be placed on (y) any
content or property provided by Calltermination.info ("Calltermination.info Property"), and
unless opted-out by you (z) any other content or property provided by a
third party ("Partner") upon which Calltermination.info places ads ("Partner
Property"). Calltermination.info and Partners may reject or remove any ad or Target
for any or no reason. You may independently cancel online any campaign at
any time (such cancellation is generally effective within 24 hours).
Calltermination.info may cancel immediately any ad, IO, the Program or these Terms at
any time with notice (additional notice is not required to cancel a
reactivated account). Sections 1, 2, 4, 5, 6 and 7 will survive any
expiration or termination of this Agreement.
Prohibited Uses.
You shall not, and shall not authorize any party to: (a) generate
automated or fraudulent impressions or clicks; or (b) advertise anything
illegal or engage in any illegal or fraudulent business practice in any
state or country where your ad is displayed. You represent and warrant
that (x) all your information is correct and current; (y) you hold and
grant Calltermination.info and Partners all rights to copy, distribute and display your
ads and Targets ("Use"); and (z) such Use and websites linked from
your ads (including services or products therein) will not violate or
encourage violation of any applicable laws. Violation of these policies
may result in immediate termination of this Agreement or your account
without notice and may subject you to legal penalties and consequences.
Disclaimer and
Limitation of Liability. Calltermination.info DISCLAIMS ALL WARRANTIES, EXPRESS OR
IMPLIED, INCLUDING WITHOUT LIMITATION FOR NONINFRINGEMENT,
MERCHANTABILITY AND FITNESS FOR ANY PURPOSE. Calltermination.info disclaims all
guarantees regarding the levels or timing of costs per click, click
through rates or delivery of any impressions, positioning, clicks or
conversions for any ads or Targets. EXCEPT FOR INDEMNIFICATION AMOUNTS
PAYABLE TO THIRD PARTIES HEREUNDER: (a) NEITHER PARTY WILL BE LIABLE FOR
ANY CONSEQUENTIAL, SPECIAL, INDIRECT, EXEMPLARY, PUNITIVE, OR OTHER
DAMAGES WHETHER IN CONTRACT, TORT OR ANY OTHER LEGAL THEORY, EVEN IF
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY
FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY; AND (b) EACH PARTY'S
AGGREGATE LIABILITY TO THE OTHER IS LIMITED TO AMOUNTS PAID OR PAYABLE TO
Calltermination.info BY YOU FOR THE AD GIVING RISE TO THE CLAIM. Except for payment,
neither party is liable for failure or delay resulting from a condition
beyond the reasonable control of the party, including but not limited to
acts of God, government, terrorism, natural disaster, labor conditions
and power failures.
Payment. You shall
be charged based on per impressions and pay all charges in U.S. Dollars, or
such other currency specified in writing by Calltermination.info. Charges are solely based on Calltermination.info's
impressions
measurements. Refunds (if any) are at the discretion of Calltermination.info and only
in the form of advertising credit for Calltermination.info Properties.
Indemnification.
You shall indemnify, defend and hold Calltermination.info, its agents, affiliates, and
licensors harmless from any third party claim or liability (including
without limitation reasonable legal fees) arising out of your Program
use, Targets, Creative and Services and breach of the Agreement. Partners
may assert and enforce this Section 6 as a third party beneficiary.
Miscellaneous. The
Agreement must be construed as if both parties jointly wrote it, governed
by Philippines law except for its conflicts of laws principles and
adjudicated in Pasig City, Philippines. The Agreement constitutes
the entire agreement between the parties with respect to the subject
matter hereof. Any conflicting or additional terms contained in
additional documents (e.g. reference to a purchase order number) or oral
discussions are void. You may grant approvals, permissions and consents
by email, but any modifications to the Agreement must be made in a
writing (not including email) executed by both parties. Any notices to Calltermination.info must be sent to: Calltermination.info, Advertising Program,
Unit 1404 The Centerpoint Bldg., J. Vargas Ave. cor. Garnet Road, Ortigas
Center, Pasig City 1605, Philippines, with a copy to
the Legal Department, via first class or air mail or overnight courier,
and are deemed given upon receipt. Notice to you is acceptable by sending
email to your specified email address and is deemed received when sent. A
waiver of any default is not a waiver of any subsequent default.
Unenforceable provisions will be modified to reflect the parties'
intention, and remaining provisions of the Agreement will remain in full
effect. You may not assign any of your rights hereunder and any such
attempt is void. Calltermination.info and you and Calltermination.info and Partners are not legal
partners or agents, but are independent contractors.