Terms and Conditions - Advertiser, Publisher and Affiliate Terms and Conditions

Advertiser Terms and Conditions

ALL ORDERS THAT ARE PLACED THROUGH QualityVisitors.com ARE SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS. BY PLACING AN ORDER IT IS UNDERSTOOD THAT YOU HAVE READ, COMPREHENDED AND AGREED WITH THESE TERMS.

These TERMS and CONDITIONS are an agreement between you ("CUSTOMER, CLIENT") and QualityVisitors.com ("us"). They should be read and understood.

Client acknowledges that by placing an order with QualityVisitors.com that they have read, acknowledged and fully understood ALL paragraphs of these TERMS AND CONDITIONS.

All campaigns are considered active the moment the first visitor (Hits/Traffic) is delivered to the client site.

Client is financially responsible for every hit / traffic delivered to their website. You agree to pay for all traffic that was sent to you plus you agree to pay 15% cancellation charge.

All traffic/hits will be delivered to the website address submitted with the order. In the event that there is an error with the submitted URL, the Client will not hold QualityVisitors.com or it's Partner Sites responsible for the error.

In the event that the Client's site becomes unavailable for any reason ("server is down or unavailable, timed out, or shows to be active but with internal server errors, 404 errors and other types of common or uncommon errors associated with the internet and its underlying infrastructure"), the Client will not hold QualityVisitors.com or its Partner Sites responsible for these errors.

In the event that any of the above errors occur including any errors not listed but clearly intended, the client may submit in writing a request for the campaign to be placed on hold. Upon resolution of the problem the held campaign will continue.

We use a state of the art tracking system to track your ad campaign. Each order is given a unique campaign id which is used to track visitors to your site by day/time. When we provide an ad view, QualityVisitors.com points the visitors to this campaign id.

The 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 AN AD VIEW ON OUR SYSTEM, WE HAVE SENT YOUR SITE TO THE VISITOR AND HAVE THEREFORE FULFILLED OUR OBLIGATION. It is important to note that this scenario may not appear in your website statistics.

QualityVisitors.com cannot control the acts of the individuals viewing your site and will not be held responsible for these actions.

Client understands that HIT COUNTERS on your site DO NOT ACCURATELY REPRESENT THE NUMBER OF VISITORS SENT TO YOUR SITE.

Client acknowledges that the order is for the stated term. These terms and conditions are subject to change at any time after the stated term has ended.

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 QualityVisitors.com authorized staff. Any attempt either by accident or design undermining the intention of this T.O.C. or the general principals that it was written for will result in immediate account deletion with no refund or adjustments available.

Clients choosing to change their website content after being approved by QualityVisitors.com must first submit a request.

Any Client not submitting a request may have their website traffic stopped indefinitely.

In the event that there is a discrepancy between the amount of traffic delivered by QualityVisitors.com, and the amount of traffic delivered to the Client, on their behalf, QualityVisitors.com and the client both agree to use the report prepared by our ("QualityVisitors.com") campaign manager to be the official report.

The client understands and acknowledges that the campaign report received by QualityVisitors.com to be true and accurate and agrees to hold QualityVisitors.com, it's parent company as well as all companies and individuals involved harmless for any unexpected results arising from any advertising campaign.

Support staff is available virtually 24 hours/day, all requests must be made in writing via email. Client also understands that technical support may not be available at the exact time in which the client initiates contact. It is our policy to respond to all e-mails within 24-48 hours.

Client will accept a reasonable amount of discrepancy (5%-10%) in the reporting of traffic.

Client agrees to these terms of service and understands that they are legally binding.

QualityVisitors.com shall be permitted to identify Client as a QualityVisitors.com Client and may use Client's name in connection with QualityVisitors.com marketing materials. Subject to the prior approval of each party, QualityVisitors.com may elect to issue a joint press release announcing the Client's marketing partnership with QualityVisitors.com, which approval shall not be unreasonably withheld.

QualityVisitors.com will not promote spam, scam, hate, warez, hacking or any other site/offer that could be considered offensive to the most discriminate viewer.

Publisher Terms and Conditions

Publisher acknowledges that QualityVisitors.com does not accept any Media that contains: any illegal subject matter or activities or any other content that does not meet QualityVisitors.com's Network quality standards as in effect from time to time (collectively referred to as the "Prohibited Content"). Publisher represents and warrants that during the term of this agreement any of its Media on which it places Creatives shall not contain any Prohibited Content.

Participation in the Network is subject to prior approval of QualityVisitors.com. Approval to the Network is limited only to the specific Media for which Publisher has applied for approval and is limited to the specific URLs and Email Lists identified, as applicable. Creatives may not be placed within any Media or on any URLs not specifically approved for participation in the Network. Although Publisher may apply for more than one type of Media (i.e., Web Sites and Email Lists), each type of Media must be submitted for specific approval. Creatives may not be placed on any surf bars or any other downloadable software applications or any advertising space created by such bars or downloadable software applications without QualityVisitors.com's prior written approval.

Upon approval for participation in the Network, Publisher shall have the option of placing QualityVisitors.com's Run of Network code on its Web Site and choosing from the Currently Available Creatives for all of Publisher's Media. If Publisher chooses offers from the Currently Available Creatives, Publisher agrees to use the Currently Available Creatives that Publisher selects only in connection with the particular Media for which such Creative is available, in accordance with the traffic instructions set forth at the time of selection, and only on Media that have been specifically approved by QualityVisitors.com pursuant to these QualityVisitors.com T&C. Even if the same Creative is available in the Network for more than one type of Media (i.e., the same Creative appears for Web Sites and Email Lists), CREATIVES MUST BE ACCEPTED INDIVIDUALLY FOR EACH TYPE OF MEDIA. NO PUBLISHER MAY PLACE A CREATIVE ON ANY WEB SITE OR DELIVER A CREATIVE TO ANY EMAIL LIST OTHER THAN THE WEB SITE OR EMAIL LIST FOR WHICH SUCH CREATIVE WAS ORIGINALLY INTENDED AND ACCEPTED. Publisher shall not use Creatives previously selected from the Currently Available Creatives for delivery in Publisher's Media at later dates, unless such Creatives continue to be available in the then Currently Available Creatives for such Media AND such Creatives have Units remaining for delivery. QualityVisitors.com reserves the right to pay Publishers only for Units delivered on approved Media which were appropriately selected and delivered from the then Currently Available Creatives, and for Units which were delivered on approved Media using QualityVisitors.com's Run of Network code. PUBLISHER AGREES TO REVIEW THE AVAILABILITY OF CREATIVES THAT THEY HAVE PLACED WITHIN THEIR MEDIA ON A REGULAR AND TIMELY BASIS. IT IS THE PUBLISHER'S SOLE RESPONSIBILITY TO CHANGE CREATIVES WITHIN THEIR MEDIA WHEN A CREATIVE IS NO LONGER AVAILABLE IN THE NETWORK OR HAS NO UNITS REMAINING FOR DELIVERY. QualityVisitors.com ASSUMES NO RESPONSIBILITY TO NOTIFY A PUBLISHER WHEN AN ADVERTISEMENT IS NO LONGER AVAILABLE IN THE NETWORK OR HAS NO UNITS REMAINING FOR DELIVERY. Publisher's participation in the Network is non-exclusive and all inventory is preemptible at Publisher's sole discretion.Publishers shall NOT induce persons to click on Creatives based on incentives without the prior written approval of QualityVisitors.com.

Except as otherwise provided in these QualityVisitors.com T&C, under no circumstances may a Publisher, without the prior, express written consent of QualityVisitors.com, alter, copy, modify, take, sell, re-use, or divulge in any manner any Creatives or computer code provided by QualityVisitors.com; provided that Publisher may, without prior approval, change the font type, font style, and font size of text-link advertisements offered on the Network only for the purpose of matching the font in Publisher's Media.

Publisher recognizes that a breach of these conditions could result in immediate, extraordinary and irreparable damage to QualityVisitors.com and its relationships with its advertising clients, and that damages may be difficult to measure. Therefore, Publisher agrees that should they violate the foregoing conditions of this Section, QualityVisitors.com may, in addition to other legal remedies, assess liquidated damages of up to $1,000.00 per occurrence of each such violation, and that such liquidated damages are reasonable.

QualityVisitors.com, reserves the right not to pay any Publishers who violate any of these QualityVisitors.com T&C. QualityVisitors.com will be responsible for determining, in its sole and absolute discretion what acts and omissions violate these QualityVisitors.com T&C, which acts include activity that is deceptive or fraudulent in nature. Examples of such acts may include, without limitation, clicks without referring URLs, extraordinary high numbers of repeat clicks, and clicks from non-approved root URLs. QualityVisitors.com assumes no responsibility for paying income taxes on behalf of Publishers. By participating in the service, Publishers assume complete and sole responsibility for any taxes owed as a consequence of participation in the service.

QualityVisitors.com shall have the sole responsibility in its absolute and sole discretion for calculation of statistics, including, but not limited to, Impressions, Unique Clicks, Actions and revenue generated on Publisher's Media, as applicable. Greenwich Mean Time (GMT) shall be the time period for traffic and tracking purposes. Statistics shall be available to Publisher online. Publisher understands that QualityVisitors.com's online statistics may not be 100% accurate and that QualityVisitors.com may make adjustments to Publisher's online statistics at the end of each calendar month to account for, among other things, specific contractual provisions (e.g., bonuses) and statistical errors.

These terms and conditions, as and if amended, shall apply to Publisher for as long as Publisher is a member of the Network. Either party may terminate this Agreement at anytime, for any reason whatsoever, upon written notice to the other party. Notice may be provided via e-mail or any other public means and will be effective immediately. Upon receipt of such termination notice, any licenses granted by QualityVisitors.com hereunder shall immediately terminate and Publisher must remove Creatives from its Media and cease delivery of any and all Creatives.

EXCEPT AS PROVIDED HEREIN WITH RESPECT TO INDEMNIFICATION, UNDER NO CIRCUMSTANCES SHALL EITHER PARTY BE LIABLE TO THE OTHER FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES (EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING FROM ANY ASPECT OF THE RELATIONSHIP PROVIDED HEREIN. IN NO EVENT SHALL QUALITYVISITORS.COM'S LIABILITY FOR ANY REASON WHATSOEVER EXCEED THE FEES PAID TO PUBLISHER BY QUALITYVISITORS.COM UNDER THIS AGREEMENT. EACH PARTY AGREES AND DOES WAIVE TRIAL BY JURY IN ANY ACTION, PROCEEDING OR COUNTERCLAIM BROUGHT AGAINST THE OTHER PARTY FOR ANY MATTER WHATSOEVER ARISING OUT OF OR IN ANY WAY CONNECTED WITH THIS AGREEMENT. NO ACTION, SUIT OR PROCEEDING SHALL BE BROUGHT AGAINST QUALITYVISITORS.COM MORE THAN ONE YEAR AFTER THE DATE OF SERVICE UNDER THIS AGREEMENT.

Affiliate Terms and Conditions

This Agreement, made and entered by and between QualityVisitors.com, and you, the affiliate (referred to henceforth as "you" or "Affiliate"), contains the complete terms and conditions that apply to your participation in the QualityVisitors.com Affiliate Program (the "Affiliate Program" or "Program").

The term of this Agreement will begin upon our acceptance of your Affiliate Application and will end when terminated by either party. Either you or we may terminate this Agreement at any time, with or without cause, by giving the other party written notice of termination. You are only eligible to earn referral fees on referrals occurring during the term.

You will submit a complete Affiliate Program application from our site. We may reject your application (at our sole discretion) if we feel your site is unsuitable or inconsistent with the mission of QualityVisitors.com. If your site is accepted, QualityVisitors.com may terminate this Agreement anytime thereafter if your site is determined (at our sole discretion) to be unsuitable for the Program, even if your site has not changed since the time that your Affiliate Program application was accepted.

Upon your acceptance as an Affiliate Site, we will make available to you a variety of graphic and textual links (the "Links"), which, subject to the terms and conditions hereof, you may display as often and in as many areas of your approved site as you desire. The Links will serve to channel potential buyers to our site.

QualityVisitors.Com Agrees to Pay Affiliate a commission (see Referral Commissions for commission details) for each qualified online order completed via your site.

Affiliate Agrees to:

Place QualityVisitors.Com banners and/or text links on your site.
Observe QualityVisitors.Com's exclusive right of ownership as to the names of its property , including but not limited to its trademarked name and any variations thereof within all pay-for-placement and other search engines. QualityVisitors.Com grants a limited right to the use of its trademarked names solely for promotional purposes in conjunction with the relationship as described in this agreement.
Remove all links regarding QualityVisitors.Com's promotions on the date such promotions end, and agree to forfeit any commissions earned after the end date of the promotions if you continue to post such links.
Have sole responsibility for the development, operation, and maintenance of your site and for all the materials that appear on your site.
Ensure that all materials posted on your site are not illegal and do not infringe on the rights of any person or entity of any kind. We disclaim all liability for all materials on your site.
Indemnify, defend, and hold us harmless from all claims, damages, and expenses relating to the development, operation, and contents of your site.
Make sure that your site does not copy or resemble the look and feel of the QualityVisitors.Com Web site or create the impression that your site is our site or a part of our site
If any immoral or unethical links are added to your site pointing to QualityVisitors.Com , we reserve the right to pursue all legal courses of action against you to the fullest extent possible under the law and you will be responsible for returning all commissions earned as a result of such links to QualityVisitors.Com.

Payments will be issued via QualityVisitors.Com only, payable to the affiliate at the address/payout options submitted by the affiliate in his or her online registration.

QualityVisitors.Com will be solely responsible for tracking referrals using special software that communicates with the specially encoded URLs assigned to affiliates.

Commissions are tracked through the use of cookies. In some cases it will not be possible to track traffic from the Affiliate's site to QualityVisitors.Com, because the visitor is using cookie-blocking software. QualityVisitors.Com is only responsible for paying commissions on referrals that can be tracked back to the Affiliate using the technology in use by QualityVisitors.Com.

QualityVisitors.Com will endeavor to do its best to ensure accurate tracking of referrals made by affiliates. Affiliates will themselves be solely responsible for ensuring that these URLs are formatted properly, a necessary prerequisite to accurate tracking of referrals. Notwithstanding the above statement of responsibility by QualityVisitors.Com to track referrals, affiliates hereby acknowledge and accept that the tracking system employed by QualityVisitors.Com is not 100% fail-safe and that there may on occasion be instances of referrals made that are not credited to an affiliate for any of the following reasons:

Failure by the affiliate to use the proper format of the specially assigned URL in promotions, webpage links, banner ads and so on
Deliberate or accidental actions by customers to circumvent an affiliate's special URL so that our software is unable to accurately track the referral
Bugs, glitches or crashes of the tracking software that render it unable to accurately track referrals for a period of time
Acts of nature that cause irretrievable data loss on the computers and back-up media that store the commission information
As such, affiliates will not hold QualityVisitors.Com liable to compensate for any claimed commissions that were not tracked and recorded by the tracking software.

Except as otherwise provided in this Agreement or with the consent of the other party hereto, each of the parties hereto agrees that all information, including, without limitation, the terms of this Agreement, business and financial information, customer and vendor lists, and pricing and sales information, concerning us or you, respectively, or any of our Affiliates provided by or on behalf of any of them shall remain strictly confidential and secret and shall not be utilized, directly or indirectly, by such party for its own business purposes or for any other purpose except and solely to the extent that any such information is generally known or available to the public through a source or sources other than such party hereto or its affiliates. This survives the term of the agreement.

We will not be liable for indirect, special, or consequential damages, or any loss of revenue, profits, or data, arising in connection with this Agreement or the Affiliate Relationship, even if we have been advised of the possibility of such damages. Further, our aggregate liability arising with respect to this Agreement and the Affiliate Program will not exceed the total commissions paid or payable to you under this Agreement.

We grant you a nonexclusive, nontransferable, revocable right to link to our site through the Links solely in accordance with the terms of this Agreement, for the sole purpose of linking your site to our site, solely for the purpose of identifying your site as a participant in the Program and assisting in promoting QualityVisitors.Com services. You may not alter, modify, or change the Links in any way. You are only entitled to use the Links to the extent that you are a member in good standing of the QualityVisitors.Com Affiliate Program. We may revoke your license anytime by giving you written notice.

We make no express or implied warranties or representations with respect to the QualityVisitors.Com Web site or the QualityVisitors.Com Affiliate Program (including, without limitation, warranties of fitness, merchantability, non-infringement, or any implied warranties arising out of course of performance, dealing, or trade usage). In addition, we make no representation that the operation of our site will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors.

The terms of this Agreement will begin upon our acceptance of your application. This Agreement shall commence on the date of approval of your Affiliate Program application and shall continue thereafter in full force and effect until terminated at any time by either party by giving the other party written notice of termination. Upon termination of this Agreement for any reason, you will immediately cease use of, and remove from your site, all Links to our site, and all QualityVisitors.Com trademarks, or those of any QualityVisitors.Com company, trade dress, and logos, and all other materials provided by or on behalf of us to you pursuant hereto or in connection with the Program.

We may modify any of the terms and conditions of this Agreement at any time. You will be notified by e-mail, using the e-mail address currently listed in your Affiliate Profile, and a change notice will be posted on our site. If the modifications are unacceptable to you, your only recourse is to terminate this Agreement. Your continued participation in this Affiliate Program after a change notice has been posted will constitute binding acceptance of the change.

You and QualityVisitors.Com are independent contractors and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. You will have no authority to make or accept any offers or representations on our behalf.

If you commit fraud or falsify information in connection with the submission of referrals to QualityVisitors.Com services through the Links on your site, this Agreement will be terminated immediately. In addition, you will be liable to QualityVisitors.Com for any and all damages that QualityVisitors.Com suffers as a result of such actions. You will also be responsible for returning to QualityVisitors.Com all commissions received for fraudulent/falsified referrals submitted, and we will not hesitate to pursue all legal courses of action against you to the fullest extent possible under the law.

Affiliate agrees to comply with the requirements of the CAN-SPAM Act of 2003 (the "Act") in its distribution of e-mail that contains messaging regarding QualityVisitors.Com. More specifically, e-mail must meets this criteria:

May only be sent to recipients who have expressly agreed directly with Affiliate, in advance, to receive such communications from Affiliate.
Must clearly and conspicuously identify that the message is an advertisement or solicitation, unless recipient has given prior affirmative consent to receipt of the message. Affirmative consent means that the recipient expressly consented to receive the message either in response to a clear and conspicuous request for such consent or at the recipient's own initiative.
Must clearly and conspicuously notify the recipient of the opportunity to decline to receive further commercial e-mail from Affiliate
Must provide a valid physical postal address of Affiliate
Must provide a functioning return e-mail address or other Internet-based mechanism, clearly and conspicuously displayed, that a recipient may use to submit, in a manner specified in the commercial e-mail, a reply e-mail or other Internet-based mechanism a request not to receive future commercial e-mail from Affiliate. The return address or Internet-based mechanism must be capable of receiving such messages for at least 30 days after the transmission of the original message. Affiliate may not send subsequent commercial e-mails more than ten (10) business days after the recipient's request not to receive further e-mails has been received (unless there is a subsequent affirmative consent by the recipient to receive such e-mails.) Once Affiliate receives such a request, Affiliate may not sell, lease, exchange or otherwise transfer or release the e-mail address of the recipient.
May not contain materially false or materially misleading header information, or deceptive subject heading.
May not contain sexually oriented material.

Affiliate may not initiate or assist in the transmission of commercial e-mail using an e-mail address: (1) that was collected through automated means, from a third party web site in violation of that third party's posted privacy policy, or (2) that was generated through automated means by combining names, letters or numbers into numerous permutations. Affiliate may not conduct fraudulent activities related to electronic mail, including but not limited to the material falsification of header or transmission information, the unauthorized use of someone else's computer to send bulk commercial e-mail, and the registration of an e-mail account that materially falsifies the identity of the actual registrant.

In addition, in the event of a breach of this E-mail Agreement by Affiliate and/or a third party or licensee, in addition to all other remedies available to it, QualityVisitors.Com shall have the right to refuse to make payments to an Affiliate as a result of the Affiliate's efforts promoting QualityVisitors.Com, which efforts cannot be verified by Affiliate as having complied with the terms and conditions of this E-mail Agreement.

Affiliate agrees to indemnify, defend and hold QualityVisitors.Com harmless from any cost, expense or liability arising out of any breach or alleged breach of your obligations under this E-mail Agreement.

QualityVisitors.Com may terminate this Agreement at any time if your site is determined (at our sole discretion) to be unsuitable for the Program, even if your site has not changed since the time that your Affiliate Program application was accepted. QualityVisitors.Com also reserves the right to monitor Affiliate sites at any time to determine whether they are in compliance with this Agreement.