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Terms and Conditions

Terms and Conditions

Untitled Document

eFlow Media Terms and Conditions

  1. General – These terms and conditions the (“Terms”) are entered between eFlow Media LLC, herein referred to as “Advertiser” and the Company in which agrees to the these online terms by using eFlow Media’s website, herein referred to as “Affiliate”.  If “Affiliate” is utilizing sub publishers in promoting Advertiser’s products they will be referred to as “Publishers” and Advertiser’s clients will be referred to as “Client”.  Advertiser, Affiliate and Publisher may also be individually referred to herein as a "Party" and collectively as "Parties."

 

  1. Termination – Either party may terminate this Agreement or the promotion of the offer(s) upon twenty-four (24) hours written notice to the other party.  Affiliate agrees to use its best efforts to pull down or stop the ongoing promotion of the offer(s) by any Publishers upon receipt of written notice from Advertiser.  Affiliate will be compensated in accordance with this agreement for any leads, sales, clicks or customers delivered pursuant to the offers(s) prior to the notice of termination and up to 24 hours after.
  1. Reporting – Advertiser will track all campaign activity and provide Affiliate with login for online reports.  Advertiser will have up to five (10) days to from the end of the calendar month to reconcile final numbers, including any scrub or rejection process.

 

  1. Marketing Materials. Advertiser grants authority to allow Affiliate to use and distribute all artwork, creative, copy and contents delivered as part of the offer(s) (the “Client Content”), and that Affiliate’s use and distribution of the Client Content will not violate any laws or rights of any third-party.  Affiliate represents that neither it nor Publisher will change or modify the Client Content without the prior written consent of Advertiser.
  1. Conduct.  Affiliate and Publisher must meet these minimal requirements in order to continue their relationship with Advertiser. (a) If Affiliate and Publisher wish to send email advertisements, they must have the consent of the consumer to send such email.  Affiliate shall maintain records evidencing such consent including, without limitation, member opt-in date, opt-in IP address, registration source, email address and privacy policy of source site.  Affiliate will supply such records to Advertiser within one business day of request. (b) Affilaite may not offer incentives to users, unless Advertiser has expressly consented via written communication. (c) Affiliate’s policies must be compliant with sate and federal laws and regulations

 

  1. Suppression File and Unsubscribes.  In accordance with the CAN-SPAM Act of 2003, as amended (“CAN-SPAM”), Advertiser shall provide Company a current suppression file for the offer(s), consisting of any and all persons who have affirmatively notified Client that they do not wish to receive marketing communications from Client (the “Suppression File”). Advertiser agrees to provide a Suppression File to Affiliate no less frequently than weekly and upon Affiliate’s reasonable request.  Affiliate agrees to timely provide the Suppression File to Publisher prior to any mailing in full compliance with CAN-SPAM, and represents that Publisher will timely process the Suppression File.  Affiliate further agrees that pursuant to Advertiser’s request, it will provide within 24 hours the email address and verified Source IP Address, Time and Date stamp record of any person(s) who received the offer(s) from any Publisher.
  1. Payment.  Pursuant to the doctrine of sequential liability, Advertiser agrees to compensate Company net thirty (30) days from the end of the calendar month.  Affiliate shall be responsible for making payment to Publisher.

 

  1. Representations and Warranties.  Advertiser represents and warrants that it has the right and authority to enter into this Agreement and provide the offer(s) and Client Creative in compliance with all applicable federal, state and local laws. Affiliate represents and warrants that (a) it has the right and authority to enter into this Agreement, (b) that its business, websites and lists, and those of any Publisher, are owned, operated and managed in accordance with all applicable federal, state and local laws, including without limitation, CAN-SPAM, (c) no Affiliate website or list source violates any third-party intellectual property rights or contains any objectionable or illegal content, including but not limited to pornography, violence, discrimination, obscenity, hate speech and anything that encourages, relates or promotes any of the foregoing (each a “Prohibited Content”), (d) no Publisher website or list source violates any third-party intellectual property rights or contains any Prohibited Content, , and (e) Affiliate shall use commercially reasonable efforts to monitor the campaign to insure Affiliate and Publisher’s compliance with this Agreement, and shall notify Advertiser immediately in writing in the event of non-compliance.  EXCEPT AS OTHERWISE EXPRESSLY PROVIDED, NEITHER PARTY MAKES ANY OTHER REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESS OR IMPLIED, AND EACH EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, INCLUDING THE WARRANTIES OF THE MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY REPRESENTATION REGARDING THE PERFORMANCE OF THE OFFER.
  1. Confidentiality.  The parties agree to hold the terms, conditions and existence of this Agreement in confidence.

 

  1. Limited Liability. Except with respect to indemnification, neither party shall be liable to the other for indirect, incidental, consequential, special, exemplary or punitive damages, even if such party has been advised of the possibility of such damages, suffered or incurred as a result of or in connection with this Agreement.
  1. Indemnity. Advertiser agrees to pass through its indemnity from Client, and thereby indemnify, defend and hold Affiliate, Publisher, and their respective directors, shareholders, officers, employees and agents (“Affiliate Group”) harmless from and against any and all claims, damages, liabilities, judgments, demands, suits, costs and expenses, including reasonable attorney’s fees and court costs, arising out of any (a) allegation that the Client Creative violates the law or a third-party right; (b) willful misconduct committed by Client or Advertiser; or (c) a breach by Advertiser of its obligations pursuant to this Agreement.  Affiliate agrees to indemnify, defend and hold Advertiser, Client, and their respective parents, subsidiaries, affiliates, directors, owners, shareholders, officers, employees, consultants and agents (“Advertiser Group”) harmless from and against any and all claims, damages, liabilities, judgments, demands, suits, costs and expenses, including reasonable attorney’s fees and court costs, arising out of (a) Affiliate’s and/or Publisher’s conduct; or (b) a breach by Affiliate of any of the terms or its obligations under this Agreement. (c) Affiliate's and/or Publisher's violating state or federal law

 

  1. Independent Contractor.  Nothing in this Agreement is intended to or shall be construed to constitute or establish an agency, joint venture, partnership or fiduciary relationship between the parties and neither party shall have the right or authority to act for or on behalf of the other party.
  1. Governing Law.  This Agreement shall be governed by and construed in accordance with the laws of the State of California (without giving effect to conflict of law).  Only the state and federal courts of California shall have jurisdiction over any controversies regarding this Agreement. 

 

  1. Miscellaneous. This Agreement may be modified or amended only by an instrument in writing executed by the parties hereto. If any of the terms or conditions of this Agreement shall be declared void or unenforceable by any court or administrative body of competent jurisdiction, such term or condition shall be deemed severable from the remainder of this Agreement, and the other terms and conditions of this Agreement shall continue to be valid and enforceable. This Agreement shall be binding and endure to the benefit of Advertiser and Affiliate and any successor of the parties, by merger or otherwise.  Except as provided in the preceding sentence, this Agreement, and the rights and obligations of the parties hereunder, are personal and neither this Agreement, nor any right, benefit, or obligation of either party hereto, shall be subject to voluntary or involuntary assignment or transfer, without the prior written consent of the other party. The parties do not intend for any Publisher, or other third-party, to be a third-party beneficiaries to this Agreement.  This Agreement sets forth the entire Agreement between the parties and supersedes any prior written or oral agreements and understandings.

 

I, _______ ________, agree to the above terms and conditions and, by entering my initials, attest that the information I am about to submit is valid.

  • IP Address: 50.17.176.149
  • Date: Thursday, April 17, 2014
  • Please enter your Initials