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These Terms and conditions define the relationship between you (our buyers and sellers)
and us(WebTrafficAgents.com). By using this site
and buying or selling Web Visitor Traffic, you agree to be bound by these Terms and Conditions.
By purchasing(buying) or sell from this website you are agreeing to be bound by these Terms and Conditions. The terms 'customer', 'advertiser' or 'publisher'
shall refer to any individual or entity who accepts the terms and conditions of this Agreement by purchasing or selling traffic from/to
this website.All orders that are placed through WebTrafficAgents are subject to the following terms and conditions.
By placing an order or particpating in selling it is understood that you have read, understood and agreed with these terms.
These TERM and CONDITIONS are an agreement between you ("CUSTOMER, CLIENT, ADVERTISER, PUBLISHER") and WebTrafficAgents.com("us"). They should be read and understood.
1. Acceptance of Terms of Use and Amendments.
Each time you use or cause access to this web site, you agree to be bound by these Terms of Use,
and as amended from time to time with or without notice to you. In addition, if you are using a particular
service on or through this web site, you will be subject to any rules or guidelines applicable to those services
and they shall be incorporated by reference into these Terms of Use. Please see our Privacy Policy,
which is incorporated into these Terms of Use by reference.
2. Payment for traffic purchases.
All customers are required to pay one-hundred (100%) percent of the cost of the campaign before
its activation. WebTrafficAgents reserves the right to set and negotiate specific payment terms
on a Customer-by-Customer basis.
3. Particpation in Buying and Selling.
WebTrafficAgents shall have absolute discretion as to whether or not it accepts a particular
customer or site for participation in our buying or Selling Network. We reserve the right to keep our publishers identifies hidden on the basis of commercial
confidence, however if we do share details of our publishers with advertisers or
vice versa then you agree you will neither solicit or engage in a direct relationship
unless agreed in writing by WebTrafficAgents. We do not sell to or buy from any sites
that have content that includes (but not limited to) the following:
(I) Sites containing or linking to software piracy
(II) Sites containing or linking to any form of illegal activity (i.e., how to build a bomb, hacking, 'phreaking', etc.)
(III) Sites with gratuitous displays of violence, obscene or vulgar language, and abusive content or content which endorses or threatens physical harm.
(VI) Sites promoting any type of hate-mongering (i.e., racial, political, ethnic, religious, gender-based, personal, etc.)
(V) Sites that participate in or transmit inappropriate newsgroup postings or unsolicited email (spam).
(VI) Sites promoting any type of illegal substance or activity sites with illegal, false or deceptive investment advice and money-making opportunities.
(VII) Sites with any type of content reasonable public consensus deems to be improper or inappropriate.
(VIII)All campaigns are considered active the moment the first visitor (Hits/Traffic) is delivered to the client site.
4. Landing Pages.
Your Landing/Advertising pages may not conatin any popup windows. Any additional window generated by
your site shall be considered a popup window, including popups, pop-behinds, or exit popup windows.
If a popup window is installed on the URL at any time,
WebTrafficAgents may stop the campaign and you will not be entitled to a refund.
Your Landing Page may not have background Music or Sounds, any scripts that attempt to modify users browser
settings, any client script code which forces page to breaks out of iframes, thus rendering browsers back button
disabled. Any scripts which try to get users to download a file.
If you have any of the above of you need to change your landing page once live, you must notify us before you either
make the change or create an order by using the contact form here. Failure to do so, once a
campaing is active may result in your order being terminated without refund.
5. Selling of Visitor Traffic.
When a selling publishing flow is created you will be given unique code to be inserted onto the
WebPages for an agreed site, once approved by us we will display adverts/page pops from our purchasing
customers. It is your responsibility to ensure that our code is working correctly on the agreed website
against all major browsers - that it is displaying our buyers pages, and if applicable our ad banner is being displayed (if you have agreed to become an ad partner). If we find that you are employing any cloaking techniques to suppress the display of our
adverts/page pops/Banners, revenue boost Banners, traffic is coming from a non approved domain, or our code has been installed incorrectly whilst accumulating a 'click'
then you are deemed to be in breech of these terms and conditions and thus will forfeit any rights to
earned amounts from all selling activity, we will also cancel your account
with us and ban you from using our site in the future.We do not allow publishers
that purchase visitor traffic to direct traffic purchased from us to domains which
also have our publishing code installed. Where you sell Visitor traffic through us and meet these terms we will pay you using either direct wire
transfer, to the
card used if a purchase /buy was also made and if any traffic purchase overlaps
a traffic sell, PayPal or other payment mechanism once your account has reached a minimum credit level of $50, with
a settlement period of 4 weeks.
6. Statistical Reporting of Traffic.
All Campaigns purchased on our Network are served, tracked and reported by us. All Statistics can be viewed
through your Campaign buy management page(note that there is approxiamtely 5 minute delay). You Agree that
all measures of traffic delivered or sold are via our internal tracking pages. We do not accept 3rd party javascript
stats programs as evidence of any difference, as these programs are unrelaible.
WebTrafficAgents uses a state of the art tracking system built in ORACLE and direct
HTTP stream analysis to track your traffic campaign.
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 20% cancellation charge
if you decide to cancel your order. Any traffic already used will not be refunded.
Note you must provide us with
your original payment information in order for us to promptly cancel your order.
All traffic/hits will be delivered to the website address submitted with the order.
Whilst we endevour to ensure that all traffic is of the highest quality the
customer accepts that there is a 4% tollerance on uniques visits. In most instances
we will deliver 99% unique traffic wihtin any order over a 24hour period, however
due to the fluid nature of the web and the handling of cookies within users browsers and Gateway IP services (e.g AOL)
there will be a margin of error. If we fall below 96% unique visits within an
order over a 24 hour period, then the customer must bring this to WebTrafficAgents
attention for investigation no later than 5 days after the recorded hit where WebTrafficAgents
will provide additional traffic to make up any difference to bring it within 96%.
In the event that there is an error with the submitted URL, the Client will not hold WebTrafficAgents or it's
Partner Sites responsible for the error. Any traffic delivered to a Client's site reflecting the above error,
will not be credited or entitled to a refund. In the event that the Client's site becomes unavailable for any
reason ("server is down or unavailable, timed out, unable to serve content,
hosting server bandwidth issues, 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 WebTrafficAgents or its Partner Sites responsible for these errors. All/Any traffic
delivered to the Client's site during this down time will not be credited or refunded.
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. Any traffic previously sent will not be credit or refunded.
The client understands that we deliver visitor traffic via popunders or HTML
layers from our sellers sites, 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.
WebTrafficAgents 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. This is due to the large amounts of traffic sent to the site in a relatively short timeframe. Client also
understands that WebTrafficAgents does not guarantee sales,
signups,site clicks within or onwards,site Advert clicks, number of pages viewed,
and will not isssue a refund if none are
achieved.
7. Cancelations,Refunds and guarantee
You may cancel an order at any time,however you must first logon to your management console and set the
traffic order to pause. Once you have done so click on the Cancel/Refund link or contact us using the contact us page on our website, and we will refund any oustanding
amounts to you. We refund based on the cost of traffic served to you up to your refund request, thus if you purchased
50,000 visitors at $250 but cancel after we have delivered 20,000 we will use the price you would have paid for 20,000
and subtract this price and a 25% cancelation fee from what you paid. e.g
$250 (cost for 50,000 visitors)
-$150 (cost for 20,000 visitors)
-$50 (admin fee @ 20% of price of initial order)
$50 (refund due to you)
Any refunds processed will be back to the origional card or orgional means of payment. Any charges incurred in transmission
of refund is borne by the customer.
If for any reason, we fail to deliver traffic to you within 15 days from placing the order we will refund the total amount
back to you.If we fail to deliver the full amount of traffic,we will refund back to you a amounts on a pro rata basis.
8. Limitation of liability.
You expressly understand and agree that we shall not be liable for any direct, indirect, special, Incidental,
consequential or exemplary damages, including but not limited to, damages for Loss of profits, goodwill, use,
data or other intangible loss (even if we have been advised Of the possibility of such damages), resulting from
or arising out of (i) the use of or the Inability to use the service, (ii) the cost to obtain substitute goods
and/or services Resulting from any transaction entered into on through the service, (iii) unauthorized Access to
or alteration of your data transmissions, (iv) statements or conduct of any Third party on the service, or (v)
any other matter relating to the service. In some jurisdictions, it is not permitted to limit liability and
therefore such limitations May not apply to you.
9. Disclaimer of warranties.
You understand and agree that your use of this web site and any services or content provided (the "service") is made
available and provided to you at your own risk. It is provided to you "as is" and we expressly disclaim all
warranties of any kind, implied or express, including But not limited to the warranties of merchantability,
fitness for a particular purpose, and non-infringement. We make no warranty, implied or express, that any part
of the service will be uninterrupted, Error-free, virus-free, timely, secure, accurate, reliable, of any quality,
nor that any Content is safe in any manner for download. You understand and agree that neither us nor Any participant
in the service provides professional advice of any kind and that use of Such advice or any other information is solely
at your own risk and without our liability Of any kind. Some jurisdictions may not allow disclaimers of implied
warranties and the above disclaimer May not apply to you only as it relates to implied warranties.
10. Applicable Law.
You agree that this Terms of Use and any dispute arising out of your use of this web site or our products or services
shall be governed by and construed in accordance with local laws where the headquarters of the owner of this web site
is located, without regard to its conflict of law provisions. By registering or using this web site and service you
consent and submit to the exclusive jurisdiction and venue of the county or city or country where the headquarters of
the owner of this site is located.
11. Miscellaneous Information.
(i) In the event that this Terms of Use conflicts with any law under which any provision may be held invalid by a
court with jurisdiction over the parties, such provision will be interpreted to reflect the original intentions of
the parties in accordance with applicable law, and the remainder of this Terms of Use will remain valid and intact;
(ii) The failure of either party to assert any right under this Terms of Use shall not be considered a waiver of any
that party's right and that right will remain in full force and effect; (iii) You agree that without regard to any
statue or contrary law that any claim or cause arising out of this web site or its services must be filed within one
(1) year after such claim or cause arose or the claim shall be forever barred; (iv) We may assign our rights and
obligations under this Terms of Use and we shall be relieved of any further obligation.
WebTafficAgents.com is owned and operated by
Xeinet Media Limited,
P.O. Box 556
Main Street
Charlestown
Nevis
St Kitts & Nevis(KN)
USA:1-212-461-3717 Europe:+44(0)203-051-7723
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