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Acceptance
criteria
Merchants are
required to accept this Agreement before account
activation can occur.
1)
POLICY a) Membership: Membership in the
checkmystats Network is subject to prior
approval of checkmystats. checkmystats reserves
the right to refuse service to any new or
existing Merchant, in its sole discretion, with
or without cause. checkmystats reserves the
right to withhold approval of membership in the
checkmystats Network. Checkmystats reserves the
right, in its sole discretion and without
liability, to reject, omit or exclude any
Merchant or Website for any reason at any time,
with or without notice to the Merchant and
regardless of whether such Merchant or Website
was previously accepted.
b)
Representation: Merchant represents and
warrants that: (1) it is the owner or is
licensed to use the entire contents and subject
matter contained in the Website; (2) the Website
is free of any virus or other any other device
that could impair or injure any person or
entity; (3) the Website does not violate any law
or regulation governing false or deceptive
advertising, sweepstakes, gambling, comparative
advertising, or trade disparagement; (4) the
Website does not contain any misrepresentation,
or content that is defamatory or violates any
rights of privacy or publicity; (5) Merchant is
generally familiar with the nature of the
Internet and will comply with all laws and
regulations that may apply; and (6) the Website
does not and will not infringe any copyright,
trademark, patent or other proprietary right.
Merchant grants checkmystats and the affiliate
the right and license to transmit the Creative
to the affiliates Website, and opt-in
emails.
c)
Termination: checkmystats reserves the right
to terminate any Merchant's relationship with
the checkmystats Network at any time, with or
without cause. Termination notice may be
provided via email or any other public means and
will be effective immediately. Upon receipt of
such termination notice, Merchant agrees to
immediately remove from his/her website checkmystats
html code for banner serving,
or affiliate recruitment from
checkmystats.
d)
Content: checkmystats reserves the right to
refuse to affiliate with any Merchant.
checkmystats does not accept Websites that
produce or provide adult content. checkmystats
does not accept Websites that engage in, promote
or facilitate illegal or legally questionable
activities such as pirating and hacking.
checkmystats does not accept Websites that are:
under construction, personal home pages, or do
not own the domain they are under. This
Agreement is void by checkmystats
immediately if Merchant fails to disclose,
conceals or misrepresents itself in any way. In
addition, checkmystats may in its complete
discretion refuse to serve any Website that it
deems appropriate. To insure compliance with
this Agreement, any Merchants that change their
content after approval for membership must
notify checkmystats of the changes in writing
immediately. Notices should be sent to support@checkmystats.com.au
e)
Code: checkmystats codes must be not be
modified from original format without consent
from checkmystats. Merchant agrees to use the ad
code provided for impression, click, lead, or
sale tracking. Merchant can not alter, copy,
modify, take, sell, reuse, or divulge any
checkmystats computer code, except as is
necessary to partake in the checkmystats
Network, provided, however, with the prior
approval of checkmystats, a Merchant may, in
certain instances, modify the checkmystats
computer code for purposes of inserting certain
pre-approved language above or below an
advertisement served by checkmystats. Requests
for language approval should be sent to support@checkmystats.com.au
f)
Data Reporting: checkmystats is the sole
owner of all website, campaign, and aggregate
web user data collected by checkmystats.
Merchant only has access to campaign data that
is collected through the use of their inventory
via the checkmystats Merchants area.
g)
Contact Information: Merchants are
responsible for maintaining the correct contact
and payment information associated with their
account. This must be done online using the
Merchant's account. Bank/service fees associated
with returned or cancelled payments due to any
error in the Merchant contact or payment
information are the Merchant's responsibility,
and will be deducted from merchants escrow
pre-payment.
2)
PAYMENT POLICY
Merchants agree to make a one off deposit of $800 AU Dollars (setup fee) plus the
$200.00 AUD minimum escrow deposit. If you choose to pay your deposit by Australian check your
account will not be activated until your payment has been cleared. This payment is a deposit
for services rendered. If the merchant chooses to close their account on checkmystats the
remaining balance in their account will be refunded depending on performance criteria.
Checkmystats payment rate is based on the total payout set by the Merchant, Checkmystats reserves
the right to set and negotiate specific payment terms on an individual basis. Affiliates will
typically be paid within twenty (20) business days after the end-of-month. Affiliates will be
paid at the account level. All accounts will be settled in AU dollars ($AU). No checks will be
issued for any amounts less than $50AU. Every Merchant account must have a unique Tax File
Number or ABN, ACN, or Social Security Number. Merchants cannot refer themselves as a
Merchant or as an Affiliate. Groups of Merchants cannot refer each other. All payments
are based on actual as defined, accounted and audited by checkmystats. In no event will
payments be made on affiliate accounts that have not provided proper tax identification information.
Checkmystats will be responsible for determining, in its sole and absolute discretion, what acts and
omissions violate this policy, and which acts include activity that is deceptive or fraudulent in
nature.
3) LIABILITY POLICY
a) Indemnification: Merchant
is solely responsible for any legal liability
arising out of or relating to (i) the content
and other material set forth on the Merchant
Websites and/or (ii) any content or material to
which users can link through the Merchant
Websites (other than through an advertisement
supplied by checkmystats). Merchant hereby
agrees to indemnify, defend and hold harmless
checkmystats and its officers, directors,
agents, affiliates and employees from and
against all claims, actions, liabilities,
losses, expenses, damages, and costs (including,
without limitation, reasonable attorneys’
fees) that may at any time be incurred by any of
them by reason of any claims, suits or
proceedings (a) for libel, defamation, violation
of right of privacy or publicity, copyright
infringement, trademark infringement or other
infringement of any third party right, fraud,
false advertising, misrepresentation, product
liability or violation of any law, statute,
ordinance, rule or regulation throughout the
world in connection with the Merchant Websites
(except for advertisements supplied by
checkmystats); (b) arising out of any material
breach by Merchant of any duty, representation
or warranty under any agreement with
checkmystats; or (c) relating to a contaminated
file, worm, virus, or Trojan horse originating
from the Merchant Websites (other than through
an advertisement supplied by
checkmystats).
b)
Damages: In no event shall either party be
liable for special, indirect, incidental, or
consequential damages, including, but not
limited to, loss of data, loss of use, or loss
of profits arising there under or from the
provision of services.
c)
Warranty Disclaimer: checkmystats and its
users do not make and hereby expressly disclaim
all warranties, express or implied, with respect
to any matter whatsoever, including, without
limitation, the performance of any software
programs incidental to services rendered by
checkmystats, services provided there under, or
any output or results thereof. checkmystats and
its users specifically disclaim any implied
warranty of merchantability or fitness for a
particular purpose.
d)
Limitation of Liability: Neither checkmystats
nor its users will be subject to any liability
whatsoever for (a) any failure to provide
reference or access to all or any part of the
Website due to systems failures or other
technological failures of checkmystats or of the
Internet; (b) delays in delivery and/or
non-delivery of Creative, including, without
limitation, difficulties with a Customer or
Creative, difficulties with a third-party
server, or electronic malfunction; and (c)
errors in content or omissions in any
Creative.
4)
GENERAL a) Applicability: In This Agreement,
including all attachments which are incorporated
herein by reference, constitutes the entire
agreement between the parties with respect to
the subject matter hereof, and supersedes and
replaces all prior and contemporaneous
understandings or agreements, written or oral,
regarding such subject matter. Applicable
sections shall survive expiration or early
termination of this Agreement. Nothing in this
Agreement shall be deemed to create a
partnership or joint venture between the parties
and neither checkmystats nor Merchant shall hold
itself out as the agent of the other, except for
that specified in this Agreement. Neither party
shall be liable to the other for delays or
failures in performance resulting from causes
beyond the reasonable control of that party,
including, but not limited to, acts of God,
labor disputes or disturbances, material
shortages or rationing, riots, acts of war,
governmental regulations, communication or
utility failures, or casualties. Failure by
either party to enforce any provision of this
Agreement shall not be deemed a waiver of future
enforcement of that or any other provision. Any
waiver, amendment or other modification of any
provision of this Agreement shall be effective
only if in writing and signed by the parties. If
for any reason a court of competent jurisdiction
finds any provision of this Agreement to be
unenforceable, that provision of the Agreement
shall be enforced to the maximum extent
permissible so as to effect the intent of the
parties, and the remainder of this Agreement
shall continue in full force and effect.
Headings used in this Agreement are for ease of
reference only and shall not be used to
interpret any aspect of this Agreement. In
addition to terms that are negotiated and
documented separately from this Agreement, terms
that are automatically generated through the
interactive use of the checkmystats website
Merchant interface are explicitly bound by this
Agreement.
b)
Public Release: Merchant shall not release
any information regarding Campaigns, Creative,
or Merchants relationship with checkmystats or
its customers, including, without limitation, in
press releases or promotional or merchandising
materials, without the prior written consent of
checkmystats. checkmystats shall have the right
to reference and refer to its work for, and
relationship with, Merchant for marketing and
promotional purposes. No press releases or
general public announcements shall be made
without the mutual consent of checkmystats and
Merchant.
c)
Remedy: If any Merchant violates or refuses
to partake in their responsibilities, or commits
fraudulent activity against us, checkmystats
reserves the right to withhold payment and take
appropriate legal action to cover its
damages.
d)
Audit: checkmystats shall have the sole
responsibility for calculation of Merchant
earnings, including Impressions and click
through numbers, leads, and sales. In the event
Merchant disagrees with any such calculation, a
written request should be sent immediately to
checkmystats. checkmystats will provide Merchant
with an explanation or adjustment of the numbers
which shall be final and binding. Merchant must
report any disputes within 10 days after the end
of the previous month.
e)
Modifications: checkmystats reserves the
right to change any conditions of this contract
at any time. Members are responsible for
complying with any changes to the checkmystats
Merchant Agreement within 10 business days from
the date of change. checkmystats will post any
changes to this Agreement in the Merchant area
of the checkmystats Website..
f)
Privacy: Merchant shall support checkmystats commitment to protect the
privacy of the online community; such commitment
is set forth in checkmystats Privacy
Statement, which is hereby incorporated into
this Agreement.
g)
Governing Law: This Agreement will be
governed by and construed in accordance with the
laws of the State of New South Wales ,
Australia.
h)
Ability to Enter into Agreement: By executing
this Agreement, Merchant warrants that Merchant
(or Authorized Representative of Merchant) is at
least 18 years of age, and that there is no
legal reason that Merchant cannot enter into a
binding contract.
Become a Checkmystats Merchant
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