Privacy Policy
Certain functionality on our site, including registration form(s), opt-in form(s),
and various program form(s), require you to give us contact information. This contact
information including name, e-mail address, etc. is used for the benefit of all
so that we may communicate important information about our services and your account.
Individual users may opt-out of receiving specific mailings by selecting appropriate
boxes throughout our Web site. Unless otherwise agreed to by electronic signature,
information about you is not shared with outside organizations or sold to any other
3rd parties. Although we deploy leading technology to protect against
misuse of your information and encourage our business partners and affiliates to
maintain the highest standards we do not have control over information not directly
relating to our site.
We may use other third-party advertising companies to serve ads when you visit our
site. These companies may use information (not including your name, address, e-mail
address or telephone number) about your visits to this and other web sites in order
to provide advertisements on this site and other sites about goods and services
that may be of interest to you.
TrafficMedia.com uses reasonable efforts not to collect, use or disclose individually
identifiable information from children under the age of 13. The Services are not
targeted at children, and children may not register for any portions of the Services
that require registration. Please check with those sites to determine their privacy
policy.
If you have any questions about our site, this privacy policy, or our general procedures,
please contact:
TrafficMedia.com
Attn: Client Services
PO BOX 120
Livingston, NJ 07039-0120
E-mail: support@trafficmedia.com
Disclaimer
This web page, and the other pages of TrafficMedia, are provided by the company as
a service to the public. It is hoped that the information provided here will be
helpful to readers in familiarizing themselves with the concept of domain names
and the relation they have to intellectual property issues and how these issues
may affect them. As legal advice must be tailored to the specific circumstances
of each case, nothing provided herein should be used as a substitute for the advice
of competent counsel. In addition, be aware that intellectual property law varies
considerably from jurisdiction to jurisdiction. Therefore, some information in these
web pages may not be correct as it pertains to your jurisdiction.
Information on this web site may contain inaccuracies or typographical errors. Information
may be changed or updated without notice. This website does not constitute an offer
or contract.
As a service to you, we may provide links to other web sites that we feel have relevant
content. However, we make no representations whatsoever about other web sites that
you may access through this one. When you access a non-TrafficMedia web site, please
understand that it is independent from TrafficMedia, and that TrafficMedia has no control
over the content on that web site. In addition, a link to a non-TrafficMedia web site
does not mean that TrafficMedia endorses or accepts any responsibility for the content,
use or products and services made available through such web site.
Domain name owner represents and warrants that, to the best of its knowledge, each
domain name it elects to park with TrafficMedia does not violate the trademark, copyright
and patent rights of any party in connection with the goods and/or services advertised
on Domain Spa in connection with the parked domain name. Domain name owner is responsible
for conducting a trademark search (and other legal searches) concerning each domain
name parked with TrafficMedia, and is responsible for advising TrafficMedia of any products
or services that should not be advertised in connection with any domain name because
such products or services are covered by a trademark or service mark, whether registered
or common law. Domain name owner agrees to indemnify, defend and hold harmless TrafficMedia
for any claims made by any party alleging that a domain name parked with TrafficMedia
constitutes a trademark violation.
IN NO EVENT WILL TRAFFICMEDIA BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL
OR OTHER CONSEQUENTIAL DAMAGES FOR ANY USE OF THIS WEB SITE, OR ANY OTHER HYPERLINKED
WEB SITE, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION,
LOSS OF PROGRAMS OR OTHER DATA OR OTHERWISE, EVEN IF WE ARE EXPRESSLY ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES.
Search Services are provided “AS IS” WITHOUT ANY WARRANTY OF ANY KIND INCLUDING,
WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE
OR NON-INFRINGEMENT. TRAFFICMEDIA DOES NOT WARRANT THAT THE SEARCH SERVICES OR TRAFFICMEDIA
SITE(S) ARE ERROR-FREE, OR THAT THEY WILL OPERATE WITHOUT INTERRUPTION, OR WITH
RESPECT TO THEIR QUALITY, RELIABILITY, TIMELINESS OR SECURITY. AFFILIATE AGREES
THAT TRAFFICMEDIA IS NOT RESPONSIBLE FOR AND WILL HAVE NO LIABILITY FOR HARDWARE, SOFTWARE,
OR OTHER ITEMS OR ANY SERVICES PROVIDED BY ANY OTHER PARTY OR NOT WITHIN THE REASONABLE
CONTROL OF TRAFFICMEDIA.
EXCEPT FOR A BREACH IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER PARTY
FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING FROM
SUCH PARTY’S PERFORMANCE OR NON-PERFORMANCE UNDER ANY PROVISION OF THE AGREEMENT
INCLUDING, BUT NOT LIMITED TO, LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS,
OR THE COST OR PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR PRODUCT OF ANY KIND,
EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE AGGREGATE LIABILITY OF EITHER
PARTY UNDER THE AGREEMENT SHALL NOT FOR ANY CLAIM OR SERIES OF CLAIMS EXCEED THE
AMOUNT PAYABLE BY TRAFFICMEDIA TO AFFILIATE DURING THE SIX (6) MONTH PERIOD ENDING
ON THE DATE THE CAUSE OF ACTION ACCRUES. NOTWITHSTANDING ANYTHING TO THE CONTRARY,
THE LIMITATIONS SET FORTH IN THIS SECTION DO NOT APPLY WITH RESPECT TO THE INDEMNIFICATION
OBLIGATIONS OF EITHER PARTY UNDER THE AGREEMENT, OR TO A BREACH BY A PARTY OF ITS
CONFIDENTIALITY OBLIGATIONS, OR TO A CLAIM ARISING OUT OF THE FAILURE OF A PARTY
TO ABIDE BY ANY LICENSE RESTRICTIONS.
INFORMATION ON THIS WEB SITE IS PROVIDED "AS-IS" WITHOUT WARRANTY OF ANY KIND, EITHER
EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. SOME JURISDICTIONS DO NOT
ALLOW THE EXCLUSIONS OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY
TO YOU.
Terms of Agreement
This Agreement shall govern participation in the TrafficMedia.com program (the "Program").
By participating in the Program, you are agreeing to be bound by these Terms of
Service. The term 'Affiliate' shall refer to any individual or entity who accepts
the terms and conditions of this Agreement by submitting the Program registration
information and checking the "I Agree" checkbox. The Program is offered to you by
TrafficMedia.com.
Payment
Payment The Program will pay Affiliate a commission earned for each approved click
on Program textlink or searchbox. Affiliate will be paid via check or services of
Paypal.com in U.S. currency only, about five business days (5) after TrafficMedia receives
from its PPC partners commissions earned during the prior month less any amount
the Program determines, in its sole discretion, was not validly earned from proper
use of the Affiliate's website. No checks will be issued for any amount less than
twenty-five dollars and the cost of mailing the issued check may be deducted from
an Affiliate commissions. Un-issued earnings will be held until the month in which
the total amount due is accumulated to at least twenty-five dollars ($25) or you
can receive payment on amounts lesser than $25 via services of PayPal.com. In some
cases payment could be done utilizing either electronic or wire transfer services.
The cost of such transaction(s) will be deducted from an Affiliate commissions.
No payment will be maid if an Affiliate terminates the Program with total earnings
less than $25.00. Affiliate understands and agrees that shall not withhold Taxes
from any payments due to Affiliate and that it is the responsibility of Affiliate
to pay all local, state, federal, and/or foreign taxes on income received from the
Service. Affiliate agrees to indemnify from and reimburse to the Program any claim
or assessment of Taxes by any foreign, United States, state, and/or local taxing
authority, and any other costs and damages, arising from or in connection with the
operation of this paragraph.
Terms & Termination
All of the following terms and conditions must be adhered to and are legally binding
immediately upon agreement.
- The Program reserves the right to terminate any agreement at their discretion at
any time.
- Affiliate may not generate traffic to their website or our links by any of the follow
methods: listings on newsgroups, bulk e-mailing, ICQ postings, or chatroom/IRC postings,
iframes, zero pixel frames, hitbots, clickbots, spiders, cgi-scripts, java-scripts,
or any other similar method.
- Affiliate may not beg, ask, entice, or incentivize users into clicking on our links.
- Affiliate may not mislead visitors into believing that he/she will receive anything
other than an internet search by clicking on a textlink or search box.
- Affiliates will not be credited for majority of the traffic that originates from
countries not covered by our PPC providers.
- Inability to comply with any of said terms of agreement will forfeit any unpaid
earnings and result in the termination of Affiliate's account. Further legal course
of action may be considered to prosecute violating Affiliates.
Representations & Warranties
The Program represents and warrants that it has full power and authority to enter
into this Agreement. THE PROGRAM IS NOT RESPONSIBLE FOR ANY CONTENT PROVIDED BY
THIRD PARTIES (INCLUDING ADVERTISERS). THE PROGRAM AND ITS LICENSORS MAKE NO OTHER
WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING
WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE,
AND NONINFRINGEMENT.
Confidentiality
During the term of this Agreement and for one year after termination of this Agreement,
Affiliate agrees to safeguard and, except for the benefit of the Program, not to
disclose to anyone outside the Program any proprietary or confidential information
acquired during this Agreement. Such information includes, without limitation, business
plans, customer lists, operation procedures, trade secrets, design formulas and
programming code, know-how and processes, computer programs and inventions, discoveries,
and improvements of any kinds.
Modifications
The Program reserves the right to change any of these terms and conditions at any
time without notice. You are responsible for complying with complying with any changes
to the terms and conditions within 10 days of the date of change.
General
Affiliate shall indemnify, defend, and hold harmless the Program, and its officers,
directors, shareholders, employees, agents, and representatives (collectively, "Indemnitee"),
against all liability, demands, claims, costs, losses, damages, recoveries, settlements,
and expenses (including interest, penalties, attorney fees, accounting fees, and
expert witness fees) incurred by Indemnitee ("Losses"), known or unknown, contingent
or otherwise, directly or indirectly arising from or related to this Agreement.
Affiliate may not assign any of its rights or delegate any of its duties under this
Agreement without the prior written consent of the Program. Despite such consent,
no assignment shall release the assignor of any its obligations or alter any of
its primary obligations to be performed under the Agreement. This Agreement is made
solely for the benefit of the parties to this Agreement and their respective successors
and assignees, and no other person or entity shall have or acquire any right by
virtue of this Agreement. This Agreement shall be governed and interpreted by the
laws of New Jersey. Affiliate is an independent contractor and in no way and under
no circumstances that Affiliate should look to the Program for compensation and
benefits as an employee. If any party fails to perform its obligations because of
strikes, lockouts, labor disputes, embargoes, technical problems of TrafficMedia or
its providers, acts of God, inability to obtain labor or materials or reasonable
substitutes for labor or materials, governmental restrictions, government regulations,
governmental controls, judicial orders, enemy or hostile governmental action, civil
commotion, fire or other casualty, or other causes beyond the reasonable control
of the party obligated to perform, then that party's performance shall be excused.
This Agreement constitutes the final, complete, and exclusive statement of the terms
of this Agreement between the parties and supersedes all prior and contemporaneous
understandings or agreements of the parties. No party has been induced to enter
into this Agreement by, nor is any party relying on, any representation or warranty
outside those expressly set forth in this Agreement. SEVERABILITY If a court or
an arbitrator of competent jurisdiction holds any provision of this Agreement to
be illegal, unenforceable, or invalid in whole or in part for any reason, the validity
and enforceability of the remaining provisions, or portions of them, will not be
affected. No waiver of a breach, failure of any condition, or any right or remedy
contained in or granted by the provisions of this Agreement shall be effective unless
it is in writing and signed by the party waiving the breach, failure, right, or
remedy. No waiver of any breach, failure, right, or remedy shall be deemed a waiver
of any other breach, failure, right, or remedy, whether or not similar, nor shall
any waiver constitute a continuing waiver unless the writing so specifies. The headings
in this Agreement are included for convenience only and shall neither affect the
construction or interpretation of any provision in this Agreement nor affect any
of the rights or obligations of the parties this Agreement.
