1. General: A deposit must be submitted to CleverTurkey in advance of initial advertising date. By submitting advertising for inclusion on CleverTurkey, advertiser/agency agrees to be bound by the terms of this contract. No conditions other than those set forth herein shall be binding on CleverTurkey. This contract supersedes any previous agreements between CleverTurkey and advertiser/agency relating to the subject matter set forth herein. CleverTurkey’s only obligation to serve advertisements hereunder shall be to serve advertisements of the advertiser described herein, and in no event shall CleverTurkey be obligated to serve advertisements for any other advertiser.
2. CleverTurkey Right To Terminate: CleverTurkey reserves the right to terminate any account if it is inactive for more than 30 days. CleverTurkey reserves the right to terminate the account of any affiliate who publicly posts derogatory and/or slanderous statements about CleverTurkey, 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. CleverTurkey 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. CleverTurkey 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 CleverTurkey 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. CleverTurkey’s advertising specifications are accessible through the advertiser login. CleverTurkey 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 CleverTurkey shall govern, regardless of whether advertiser/agency is using the services of a third party ad server. If CleverTurkey fails to provide the guaranteed number of impressions, CleverTurkey will make good on this contract.
6. Keywords and Phrases: CleverTurkey 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: CleverTurkey 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 CleverTurkey 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 CleverTurkey. 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 CleverTurkey’s acceptance of such advertisements and information for publication, the advertiser and agency will jointly and severally indemnify and hold harmless CleverTurkey 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) CleverTurkey’s performance under this contract, and (iii) the copying, printing, distributing, transmitting or publishing of advertiser’s / agency’s advertisements or collateral information by CleverTurkey.
9. Limitation of Liability: UNDER NO CIRCUMSTANCES WILL CleverTurkey 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 CleverTurkey HAS BEEN ADVISED AS TO THE POSSIBILITY OF SUCH DAMAGES.
10. CopyRight: All CONTENT of CleverTurkey.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 CleverTurkey are permitted to use banner(s) and or searchbox(es) provided as is. Altering banners or searchboxes without prior approval of CleverTurkey staff is strictly prohibited.
11. Change Of Terms: CleverTurkey 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 CleverTurkey program and any use of the CleverTurkey 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.