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1. General.
A deposit must be submitted to PythonXML in advance of initial advertising
date. By submitting advertising for inclusion on PythonXML, advertiser/agency
agrees to be bound by the terms of this contract. No conditions other
than those set forth herein shall be binding on PythonXML. This contract
supersedes any previous agreements between PythonXML and advertiser/agency
relating to the subject matter set forth herein. PythonXML's only
obligation to serve advertisements hereunder shall be to serve advertisements
of the advertiser described herein, and in no event shall PythonXML
be obligated to serve advertisements for any other advertiser.
2. PythonXML
Right To Terminate PythonXML reserves the right to terminate any
account if it is inactive for more than 30 days. PythonXML reserves
the right to terminate the account of any affiliate who publicly posts
derogatory and/or slanderous statements about PythonXML, or any of
its subsidiaries or officers and will result in forfeiture of all monies
owed and possible criminal prosecution. Any artificial means of generating
traffic including, but not limited to, hit bots, multiple clicking scripts,
traffic from an open proxy server, targeting specific keywords, hidden
links and incentivizing surfers in any way or any other similar activity
will result in termination of said account, forfeiture of all monies owed
and possible criminal prosecution. Affiliate must have all referring
pages written entirely in English. All searches MUST originate from
either our home page (with your referral ID), our portal page uploaded
to your website or from one of our searchboxes located on your website.
No other form of searches are acceptable. Non compliance will result in
immediate termination of your account. All affiliates personal information
must be filled out completely to receive payment. If any affiliates personal
information is false or is not filled out completely you will not receive
payment. Non-compliance with these terms and conditions may result in
the forfeiture of all monies owed and permanent locking of account. All
personal information must be filled out in its entirety. Any
false or missing information will result in termination of said account
and forfeiture of all monies owed. PythonXML reserves at their sole
discretion to terminate any members account that is thought to have violated
any of these terms within this agreement. Any of the above terminations
can be carried out without prior notice. PythonXML shall have the
right, in its sole discretion, to determine whether Click-thrus are fraudulent
or derived from improper use of the Search Box(es). All decisions by PythonXML
are final.
3. Member Responsibilty
All Users sent by you must come from a Web page. Only one afilliate account
is allowed per member. NO incentivized or targeted keyword searches are
allowed. If any affiliate member is found to be incentivizing, targeting
keyword searchs or having more then one account the result will be immediate
cancellation of the account(s) from which the hits were sent and the forfeiture
of any funds owed to that account.
We will only pay clicks generated from United States, Canada, Australia, Austria, Belgium, Denmark, Finland, France, Germany, Greece, Iceland, Italy, Netherlands, New Zealand, Norway, Portugal, Spain, Sweden, Switzerland and United Kingdom.
Newsgroup postings with hyperlinks, e-mail links, ICQ, Instant Message,
spamming or any other such practice that could reflect negatively on our
program are strictly prohibited. Failure to comply to this request will
result in the immediate cancellation of the account from which the Clicks
were generated and may also result in the forfeiture of any funds owed
to that account. The action of sending any hits from any URLs which contain
and/or promote the following content: warez, MP3s, ROMs, newsgroup postings,
SPAM e-mails, or any other site which contains content or promotes activities
which are illegal in the United States will result in the immediate cancellation
of the account from which the hits were sent and the forfeiture of any
funds owed to that account.
4. Changes and
Cancellations. Cancellations and changes can be made via the advertiser
login. PythonXML's advertising specifications are accessible through
the advertiser login. PythonXML reserves the right to change any of
its advertising specifications at any time.
5. Delivery, Frequency
and Makegood. All figures relating to the number of advertisements
served as determined by PythonXML shall govern, regardless of whether
advertiser/agency is using the services of a third party ad server. If
PythonXML fails to provide the guaranteed number of impressions, PythonXML
will make good on this contract.
6. Keywords and
Phrases. PythonXML offers no exclusivity on keywords or phrases.
Each advertiser will be given ranking positions based upon the bid they
enter on keywords/phrases.
7. Rejections.
PythonXML reserves the right, without liability, to reject, omit or
exclude any advertisement or to reject or terminate any links, buttons,
boxes or banners for any reason at any time, with or without notice to
the advertiser/agency, and whether or not such advertisement, link, button,
box or banner was previously acknowledged, accepted, or published.
8. Licenses and
Indemnification. Advertiser/agency grants PythonXML the right
to use, reproduce, publicly display and distribute advertiser's advertisments
and collateral information and warrants that advertiser/agency has the
right to grant such license. Advertiser/Agency represents that the advertiser
is the owner or is licensed to use the entire contents and subject matter
contained in its advertisements and collateral information, including,
without limitation, (a) the names and/or pictures of persons; (b) any
copyrighted material, trademarks, service marks, logos, and/or depictions
of trademarked or service marked goods or services; and (c) any testimonials
or endorsements contained in any advertisement submitted to PythonXML.
In addition, advertiser/agency represents that the advertiser's advertisements
and collateral information do not violate any applicable local, state
or federal law or regulation. In consideration of PythonXML's acceptance
of such advertisements and information for publication, the advertiser
and agency will jointly and severally indemnify and hold harmless PythonXML
and its officers, directors, shareholders, employees, accountants, attorneys,
agents, parent, affiliates, subsidiaries, successors and assigns from
and against any and all third party claims, damages, liabilities, costs
and expenses, including reasonable legal fees and expenses, arising out
of or related to: (i) advertiser/agency's breach of any covenants, representations
and warranties made therein, (ii) PythonXML's performance under this
contract, and (iii) the copying, printing, distributing, transmitting
or publishing of advertiser's / agency's advertisements or collateral
information by PythonXML.
9. Limitation of
Liability. UNDER NO CIRCUMSTANCES WILL PythonXML BE LIABLE FOR
ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING,
WITHOUT LIMITATON, FOR LOST INCOME OR PROFITS, IN ANY WAY ARISING OUT
OF OR RELATED TO THIS CONTRACT, EVEN IF PythonXML HAS BEEN ADVISED
AS TO THE POSSIBILITY OF SUCH DAMAGES.
10. CopyRight .
All CONTENT of PythonXML.com is protected under copyright law. Including
but not limited to all images, HTML code, banners and logos. Anyone found
infriging upon these copyright laws will be reported and could face possible
criminal prosecution. Members of PythonXML are permitted to use banner(s)
and or searchbox(es) provided as is. Altering banners or searchboxes without
prior approval of PythonXML staff is strictly prohibited.
11. Change Of Terms
PythonXML may, at any time, choose to edit, add and/or delete portions
of this agreement and impose changes without prior notification of its
members. If any modification is unacceptable to you, your only recourse
is to terminate this agreement. Your continued participation in the PythonXML
program and any use of the PythonXML Search Code property following
our posting of a change in policy notice or new agreement on our site
will constitute binding acceptance to the change.
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