Client acknowledges that by placing an order with APEXASPIREDMARKETING.COM that they have read, acknowledged and fully understood ALL paragraphs of these TERMS and CONDITIONS. Client also acknowledges that these TERMS and CONDITIONS may be updated at any time without notice to Client, and that Client is responsible for periodically reviewing these TERMS and CONDITIONS to maintain complicance while Client has an active order with APEXASPIREDMARKETING.COM.
I. Description of Service. Consistent with statements made on this website, Client understands that APEXASPIREDMARKETING.COM is a popunder advertising service. Your web page will receive visits by being shown in a full-screen popunder window that opens upon visiting or interacting with a website in the publisher network. Full-screen shall mean a browser window with outer dimensions of 800×600 pixels or greater. If category targeting is purchased, the popunder will only display Client’s landing page when opened from websites in the network whose topic (self-described or set by the publisher network) matches the category targeting chosen. If geographic targeting is purchased, the popunder will only display Client’s landing page when opened by a visitor located in the region chosen. The geographic location of visitors is determined through one or more methods including IP-to-Location databases, which may not be 100% accurate. At times, your web page may receive visits by being displayed in an in-line popup impression (an ad that displays in line of the original browser window as opposed to a separate window) in place of a popunder impression.
II. Start of Service. All orders are placed into the advertising rotation approximately 2 (two) business days following their order time as reported by our payment processor. Business days are Monday through Friday in the Eastern time zone. In the event that an advertising campaign does not begin by the third business day following receipt of an order, Client may request a refund by writing to [email protected] within 7 days of that time. All orders are considered active ad campaigns the moment the first visitor is delivered to the URL specified on the order placed by Client. Orders may consist of multiple campaigns when multiple webpage URLs have been provided by the client.
III. Website Errors. All visitors will be delivered to the URL specified on the order placed by Client. In the event of an error with the submitted URL, or unavailability of the server or network this URL points to, Client will not hold Visitor Boost or its partner sites responsible for the error. Any visitors delivered to Client’s URL reflecting the error will nto be credited or entitled to a refund. In the event of a website error, Client may place their campaign on hold through their account management interface by entering “0” into the “Daily Cap” text box.
IV. Delivery and Statistics. We use a state of the art tracking system to track your ad campaign. Each order is given a unique campaign identifier which is used to track visitors to your site by day and time. When we provide an ad view (“visitor”), we points the visitors to this campaign identifier.
Client understands that if the visitor viewing the the ad closes it before it finishes loading (due to network bandwidth, high impact graphics, animation or lack of interest on the visitors part, etc.), IT WILL COUNT AS A DELIVERED VISIT ON OUR SYSTEM. WE HAVE SENT THE VISITOR TO YOUR SITE AND HAVE THEREFORE FULFILLED OUR OBLIGATION. It is important to note that this scenario may not appear in your website statistics. we cannot control the acts of the individuals viewing your site and will not be held responsible for these actions.
Client also understands that hit counters on your site DO NOT ACCURATELY REPRESENT THE NUMBER OF VISITORS SENT TO YOUR SITE. This is due to the large amounts of traffic sent to the site in a relatively short timeframe, response time of the counter service, and other factors.
In the event that there is a discrepancy between the number of visitors delivered as reported by we and the number of visitors delivered as reported by the Client, on their behalf, we and Client both agree to use the report prepared by Visitor Boost to be the official report. Client understands and acknowledges that the campaign report received from Visitor Boost to be true and accurate and agrees to hold Visitor Boost as well as all companies and individuals involved harmless for any unexpected results arising from any advertising campaign.
Client understands that campaign delivery times are estimates only. Due to the nature of the Web, traffic flow to the advertising servers cannot be predicted with complete accuracy. In the event of low traffic availability, campaigns may be delivered in more time than estimated at the time of ordering. Client agrees to allow up to 14 days beyond the campaign estimate for promised visitors to be delivered. In the event of undelivery past this 14 day limit, Client may request in writing a partial refund for the remaining undelivered visitors. Visitor Boost will issue a refund for the value of the undelivered portion of Client’s campaign at the rate at which Client paid for such visitors.
V. Performance of Advertising. Client understands that Visitor Boost does not guarantee sales or leads as a result of their order and will not issue a refund if none are achieved. No guarantees are made of your website’s click-through or conversion rate.
VI. Assignment and Transfer. Client may not sell, assign or transfer any of the rights or services accompanying the purchase. Client may not change the content of the URL being advertised in any manner without prior written approval by Visitor Boost authorized staff. Any attempt either by accident or design undermining the intention of these terms or the general principals that it was written for will result in immediate campaign deletion with no refund or adjustments available. Client may choose to change their website content after such change is approved by Visitor Boost.
VII. Refunds. Client is financially responsible for every visitor delivered to their website. Upon receipt of a written request for refund, Visitor Boost will issue a refund for the undelivered portion of a campaign at the rate at which the order was paid. If the campaign has already been delivered, no refund will be issued.
VIII. Dispute and Refund Term Limitation. An order is considered completed when Visitor Boost’s report indicates the number of visitors delivered is equal to or greater than the number of visitors purchased. Once 60 days have elapsed from the date upon which an order is completed, if Client has not disputed the number of visitors as reported by Visitor Boost, Client agrees that the order has been completed and the number of visitors ordered have been received at Client’s website. No refund requests may be made more than 60 days after the date upon which an order is completed.
VIIII. Miscellaneous. Visitor Boost shall be permitted to identify Client as an Visitor Boost client and may use Client’s name in connection with Visitor Boost marketing materials. Subject to the prior approval of each party, Visitor Boost may elect to issue a joint press release announcing Client’s marketing partnership with Visitor Boost, for which approval shall not be unreasonably withheld.
Visitor Boost will not promote spam, scam, hate, porn, warez, hacking or any other site/offer that could be considered offensive to the most discriminate viewer. Any attempt to bypass our intended guidelines, as stated in this document or during the ordering process, will result in campaign cancellation and no recourse for refund.
X. Applicable Law and Venue. Visitor Boost shall be excused from performance hereunder to the extent that performance is prevented, delayed or obstructed by causes beyond its reasonable control. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed to the extent necessary to make it enforceable to the maximum extent permissible so as to affect the intent of the parties, and the remainder of this Agreement shall continue in full force and effect.
This Agreement shall be governed by and construed under the laws of the state of Pennsylvania without reference to its conflict of law principles. In the event of any conflicts between foreign law, rules, and regulations, and Pennsylvania law, rules, and regulations, Pennsylvania law, rules and regulations shall prevail and govern. Each party agrees to submit to the exclusive and personal jurisdiction of the courts located in Montgomery County, Pennsylvania. The United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act shall not apply to this Agreement. Any notices to Visitor Boost must be sent to: Visitor Boost via first class or air mail or overnight courier, and are deemed given upon receipt. A waiver of any default is not a waiver of any subsequent default. You may not assign or otherwise transfer any of Your rights hereunder without Visitor Boost’s prior written consent, and any such attempt is void. The relationship between Visitor Boost and You is not one of a legal partnership relationship, but is one of independent contractors. This Agreement shall be binding upon and inure to the benefit of the respective successors and assigns of the parties hereto.
XI. Limitation of Liability. CLIENT and Visitor Boost agree, to the fullest extent permitted by law, Visitor Boost’S total aggregate liability to CLIENT and all third-parties is limited to $1,000 for any and all injuries, damages, claims, losses, expenses, or claim expenses (including attorneys. fees) arising out of this agreement from any cause or causes. Such causes include, but are not limited to, Visitor Boost’S negligence, errors, omissions, strict liability, breach of contract, or breach of warranty.
UNDER NO CIRCUMSTANCES SHALL Visitor Boost BE LIABLE TO CLIENT OR ANY THIRD PARTY FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES (EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING FROM THIS AGREEMENT, SUCH AS, BUT NOT LIMITED TO, LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS, COSTS OF DELAY, OR LIABILITIES TO THIRD PARTIES ARISING FROM ANY SOURCE.
Company disclaims any and all representations and warranties, including any regarding merchantability, fitness for particular purposes, suitability, compliance with laws, quality, or otherwise.
Client agrees to these terms and conditions of service and understands that they are legally binding.[/text_block]