Advertising.com reserves the absolute right to refuse to affiliate with any Web Publisher based on Advertising.com’s Corporate Policies. By way of example, content (including direct links to content) that may be considered inconsistent with Advertising.com’s Corporate Policies includes:

• Indecent or Pornographic Material
• Software Pirating or any site that violates third party intellectual property rights (e.g. Warez)
• MP3 files / sites that do not have the legal right to distribute MP3 files
• Hacking / Phreaking or any other site invading the rights of computer users
• Any illegal activity
• Any subject matter inconsistent with Advertising.com’s Corporate Policies as determined in its sole discretion

Membership in the Advertising.com AdNetwork is subject to prior approval of Advertising.com. Advertising.com reserves the right to withhold approval of membership in the Advertising.com AdNetwork for any reason whatsoever. Approval of membership in the Advertising.com AdNetwork is limited only to the specific root URLs for which Web Publisher has applied for approval. Advertisements may not be placed on any root URL not specifically approved for membership within the AdNetwork. Advertising.com reserves the right to withhold approval of membership in the Advertising.com AdNetwork for sites not written in at least 50% English or 100% Spanish.

Advertising.com reserves the right to terminate any member’s relationship with the Advertising.com AdNetwork for any reason whatsoever. Termination notice may be provided via e-mail or any other public means and will be effective immediately. Upon receipt of such termination notice, Web Publisher agrees to immediately remove from his/her web site Advertising.com’s html code for serving Advertising.com banners. In the case of termination, provided that Web Publisher has an outstanding account balance equal to or greater than five dollars ($5.00 U.S.D.), Advertising.com will pay Web Publisher all legitimate moneys due during the next billing cycle as set forth in Paragraph 13 below.

Advertising.com reserves the right to terminate Web Publisher’s relationship with the Advertising.com AdNetwork immediately should either (a) the number of Impressions delivered by Web Publisher total less than 10,000 per month, or (b) the unique Click Through rate equals .25% or less for any 14 consecutive calendar day period, or (c) Web Publisher’s traffic falls below the membership threshold established by Advertising.com from time to time (the “Minimum Requirement”); provided, however, should Advertising.com exercise it’s rights pursuant to this Section 4, Web Publisher shall be entitled to receive payment for any Impressions and/or Click Throughs delivered up to and including the date of termination, as long as Web Publisher’s earnings equal at least $5.00 at the date of termination.

You guarantee that all content, products, and services on your Web Site are legal to distribute and that you own or have the legal right to use any and all copyrighted material.

EXCEPT AS PROVIDED IN SECTION 7 BELOW WITH RESPECT TO INDEMNIFICATION, UNDER NO CIRCUMSTANCES SHALL EITHER PARTY BE LIABLE TO THE OTHER FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES (EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING FROM ANY ASPECT OF THE RELATIONSHIP PROVIDED HEREIN. WEB PUBLISHER AGREES AND DOES WAIVE TRIAL BY JURY IN ANY ACTION, PROCEEDING OR COUNTERCLAIM BROUGHT AGAINST ADVERTISING.COM FOR ANY MATTER WHATSOEVER ARISING OUT OF OR IN ANY WAY CONNECTED WITH THIS AGREEMENT. NO ACTION, SUIT OR PROCEEDING SHALL BE BROUGHT AGAINST ADVERTISING.COM MORE THAN ONE YEAR AFTER THE DATE OF SERVICE UNDER THIS AGREEMENT.

Web Publisher is solely responsible for any legal liability arising out of or relating to (i) the content and other material set forth on the Web Publisher Sites and/or (ii) any content or material to which users can link through the Web Publisher Sites (other than through an advertisement supplied by Advertising.com). Web Publisher hereby agrees to indemnify, defend and hold harmless Advertising.com 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 Web Publisher Sites (except for advertisements supplied by Advertising.com); (b) arising out of any material breach by Web Publisher of any duty, representation or warranty under any agreement with Advertising.com; or (c) relating to a contaminated file, virus, worm, or Trojan horse originating from the Web Publisher Sites (other than through an advertisement supplied by Advertising.com).

These terms and conditions, as and if amended, shall apply to Web Publisher for as long as Web Publisher is a member of the Advertising.com AdNetwork and shall, along with the provisions of any Advertising.com AdNetwork Payout Agreement or Inventory Purchase Contract entered into between Advertising.com and Web Publisher, constitute the entire and only Agreement between the parties regarding Web Publisher’s membership in the Advertising.com AdNetwork, and shall supercede all previous communications, representations or Agreements, whether written or oral between the parties.

• To insure compliance with these terms and conditions, any members that change their content after approval for membership MUST notify Advertising.com of the changes in writing IMMEDIATELY. We prefer you notify us ahead of time of any major changes in content or design. Notices should be sent to publishers@advertising.com.

• No member will place ads on blank pages, on pages with no content, on top of one another so that more than 2 ads are next to each other, on non-approved Web Sites or webpages, or in such a fashion that may be deceptive to the websurfer. However, members may provide related links and recommendations regarding an advertiser if such actions reflect sound business practices.

• Member agrees to place Advertising.com’s HTML code on their Web Site within five (5) days of receipt of such code from Advertising.com, and, member further agrees, that he or she will maintain such codes on their Web Site at all times during the term of this Agreement.

• The following methods of generating websurfer interest are unacceptable to Advertising.com and may be grounds for dismissal from the AdNetwork: use of unsolicited e-mail or inappropriate newsgroup postings to promote your Web Site; autospawning of browsers; automatic redirecting of users; clicking on your own banners; blind text links; misleading links; or any other method that may lead to artificially high numbers of visitors.

• All Advertising.com AdNetwork advertisements must be served from the Advertising.com server. Stored images that are loaded from a different location will not count towards any statistic or payment.

• No member can alter, copy, modify, take, sell, re-use, or divulge any Advertising.com AdNetwork computer code, except as is necessary to partake in the Advertising.com AdNetwork, provided, however, with the prior approval of Advertising.com, a member may, in certain instances, modify the Advertising.com AdNetwork computer code for purposes of inserting certain pre-approved language above or below an advertisement served by the Advertising.com AdNetwork. Requests for language approval should be sent to publishers@advertising.com.

• No member shall induce visitors to click on advertisements based on incentives, provided, however, that, with the prior approval of Advertising.com, certain language may appear above or below an advertisement served by the Advertising.com AdNetwork.

• To insure timely payment, members must notify Advertising.com at publishers@advertising.com of any changes to their contact information, including change of address, phone or email address.

• Unique Click - A Unique Click means the number of times, as recorded by Advertising.com’s server, a person accessing the Web Publisher’s site as identified by Cookie or IP Address, clicks on an advertisement creative, provide however, that a click on a specific advertisement creative by a particular person will only be counted as a Unique Click once every 24-hour period. In no event may more than 5% of Unique Visitors for any payout calculation come from one IP Address.

• Impressions - Means the number of times an advertisement is served to a Unique Visitor. In no event may more than 5% of Unique Visitors for any payout calculation come from one IP Address.

• Advertising.com AdNetwork - Means the Advertising.com centrally managed group of third party Web Sites through which Advertising.com can distribute advertisements.

• Web Site - Means an HTML document containing a set of information available via the internet.

Remedy. If any member violates or refuses to partake in their responsibilities, or commits fraudulent activity against us, Advertising.com reserves the right to withhold payment and take appropriate legal action to cover its damages.

Audit. Advertising.com shall have the sole responsibility for calculation of statistics, including Impressions and Click Through numbers. In the event Web Publisher disagrees with any such calculation, a written request should be sent immediately to Advertising.com. Advertising.com will provide Web Publisher with a reviewed audit of the numbers which shall be final and binding on the parties.

Advertising.com shall have the right to reference and refer to its work for, and relationship with, Web Publisher for marketing and promotional purposes. No press releases or general public announcements shall be made without the mutual consent of Advertising.com and Web Publisher.

All Web Publishers will be paid at the account level—if you have more than one account, each account is evaluated independently. Subject to the terms of any Advertising.com AdNetwork Payout Agreement entered into between Advertising.com and Web Publisher, payments will be made on or about the 15th day of every month for revenue earned during the preceding month. No checks will be issued for any amounts less than $25 U.S.D. All un-issued earnings will rollover to the next pay period, provided however, effective the first full calendar month of Web Publisher’s participation in the AdNetwork, if Web Publisher has an outstanding account balance of less than one dollar ($1.00 U.S.D.) at the end of any calendar month, such amount will not be rolled over to the next pay period and will be forgone by Web Publisher. In no event will payments be made on accounts that have not provided proper tax identification information. Advertising.com, reserves the absolute right not to pay any accounts, members, or Web Sites that violate any of the terms and conditions set forth herein. Advertising.com will be responsible for determining, in its sole and absolute discretion what acts and omissions violate this policy, which acts include activity that is deceptive or fraudulent in nature. Examples of such acts may include, without limitation, clicks without referring URLs, extraordinary high numbers of repeat clicks, and clicks from non-approved root URLs.

Advertising.com reserves the right to change any conditions of this contract at any time. Members are responsible for complying with any changes to the Advertising.com AdNetwork Terms and Conditions within 10 business days from the date of change. Advertising.com will post any changes to this contract on the Web Publisher stats page http://stats.advertising.com.

ADVERTISING.COM MAKES NO WARRANTIES (INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT), GUARANTIES, REPRESENTATIONS, PROMISES, STATEMENTS, ESTIMATES, CONDITIONS OR OTHER INDUCEMENTS, EXPRESS, IMPLIED, ORAL, WRITTEN OR OTHERWISE EXCEPT AS EXPRESSLY SET FORTH HEREIN. ALL ORDERS ARE CONTINGENT UPON ADVERTISING.COM’S ABILITY TO PROCURE NECESSARY ON-LINE ACCESS AND UPON DELAYS CAUSED BY ACCIDENTS, WAR, ACT OF GOD, EMBARGOES, OR ANY OTHER CIRCUMSTANCES BEYOND ITS CONTROL. ADVERTISING.COM WILL MAKE EVERY EFFORT TO MEET SCHEDULED DELIVERY AND ONLINE DATES, BUT MAKES NO GUARANTEE AND ACCEPTS NO LIABILITY FOR ITS FAILURE TO MEET SAID DATES.

The relationship between Advertising.com and Web Publisher will be governed by, and construed in accordance with, the laws of the State of Maryland without regard to its laws or regulations relating to conflicts of laws. Web Publisher hereby irrevocably consents to the exclusive jurisdiction of the courts of the State of Maryland and the federal courts situated in the State of Maryland in connection with any action arising between the parties.

If any provision of this agreement shall be held or made invalid or unenforceable by a court decision, statute, rule or otherwise, the remaining provisions of this agreement shall not be affected thereby and shall continue in full force and effect. Any waiver (express or implied) or delay by Advertising.com of any default or breach of this agreement shall not constitute a waiver of any other or subsequent default or breach.

Web Publisher shall support Advertising.com’s commitment to protect the privacy of the web surfer community; such commitment is set forth in Advertising.com’s Privacy Statement, which is hereby incorporated into these terms and conditions.

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