Business PPC Terms And Conditions Agreement

By participating in Business PPC's bid program, you are entering into a binding and enforceable legal agreement with Business PPC's as set forth below. You represent and warrant that you are authorized to enter into this agreement. Please read these Terms and Conditions carefully since, by participating in the Business PPC's bid program, you are signifying your assent to this agreement. As used in this agreement, the terms "Client" and "You" mean you and the company or entity which you represent.

Terms And Conditions

PAYMENT You agree to pay the Site based on the number of click-throughs multiplied by the amount which you have bid to pay for such click-throughs. The amount of click-throughs are measured by tracking reports prepared by the Site, which are the definitive measure of the amount of click-throughs. A deposit (of at least $29.95 and setup fees, if any) shall be paid to the Site to initiate services to the Client, and $29.95 of such deposit plus any accont setup fees are non-refundable. Client agrees to pay all charges to its account in accordance with the Site's terms then in effect at the time a fee is incurred. Client acknowledges that its payment obligation hereunder is based solely on click-throughs and not on Client's ability to convert click-throughs to sales. In the event that Client has elected to pay the Site by credit card, Client agrees that the Site may charge the credit card upon the issuance of each tracking report reflecting click-throughs. In the event that the Site is unable to charge a Client's credit card or a check issued by the Client is returned, the Site may, in its sole discretion, suspend or terminate the Client's participation in the bid program.

YOUR REPRESENTATIONS AND WARRANTIES TO US You represent that you are the authorized owner or representative of the website(s) for which links are requested and that such site(s) is not involved in any illegal activity, hate activity (whether racial or otherwise), and does not contain any libelous matter. You will not hold the Site or its affiliates liable or responsible for the activities of visitors who come to your site(s) through a link provided from the Site. You further represent that your site is not unsuitable for the the Site bid program. Unsuitable sites include those that promote sexually explicit material; promote violence; promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age; promote illegal activities; and violate or infringe upon the rights of any third party, including intellectual property rights.

YOUR INDEMNIFICATION OBLIGATIONS Client agrees to indemnify and hold the Site and its consultants, contractors, agents, attorneys and employees, affiliates, licensees, licensors, harmless from and against any losses, costs, damages or expense (including reasonable attorneys' fees) resulting from claims or actions arising out of or in connection with Client's website content or Client's breach of any agreement, representation or warranty hereunder, including, without limitation, claims for infringement of copyright or other intellectual property rights and violation of rights of privacy and publicity.

LIMITATION OF LIABILITY AND WARRANTY DISCLAIMER THE SITE MAKES NO WARRANTY OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS OF THE SERVICE FOR A PARTICULAR PURPOSE INCLUDING, WITHOUT LIMITATION, THE NUMBER OF CLICK-THROUGHS WHICH WILL BE DELIVERED. THE SITE SHALL NOT BE LIABLE FOR THE CONTENTS OF ANY WEB SITES OR PAGES, NOR FOR ANY LOSS, COSTS, DAMAGE OF EXPENSE (INCLUDING REASONABLE ATTORNEY’S FEES) INCURRED BY CLIENT INCLUDING, WITHOUT LIMITATION, FOR ANY TECHNICAL MALFUNCTION, COMPUTER ERROR OR LOSS OF DATA OR OTHER INJURY DAMAGE OR DISRUPTION TO CLIENT. IN NO EVENT SHALL THE SITE’S LIABILITY EVER EXCEED THE TOTAL AMOUNT PAID TO THE SITE BY CLIENT HEREUNDER. IN NO EVENT SHALL THE SITE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT EVEN IF SUCH DAMAGES ARE FORESEEABLE AND WHETHER OR NOT THE SITE HAS BEEN ADVISED OF THE POSSIBILITY THEREOF. THE SITE WILL NOT BE LIABLE FOR, OR CONSIDERED TO BE IN BREACH OF OR IN DEFAULT, ON ACCOUNT OF ANY DELAY OR FAILURE TO PERFORM AS ANTICIPATED BY THE PARTIES, A DELAY IN CHANGING A BID BY YOU, OR IF ITS SITE BECOMES INOPERABLE OR INCAPABLE OF PERFORMING AS INTENDED. THE SITE MAKES NO REPRESENTATIONS THAT THE OPERATION OF ITS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, AND WILL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS OR ERRORS.

RIGHT TO REJECT All requested URL links, search terms, descriptions and bids are subject to the Site's approval. the Site reserves the right to reject, cancel or remove any URL link, search terms, descriptions and bids at any time for any reason whatsoever.

TERMINATION You may cancel your participation in the the Site bid program, anytime. However, you will not be entitled to receive any refunds for amounts not yet charged to your account. Notwithstanding anything contained in this Agreement to the contrary, the Site may, in its sole discretion, terminate your account, and discontinue your participation, or your use of any search term or any search listing. Reasons for the Site's determination to so terminate or discontinue your account or participation as provided for above include, but are not limited to, if the Site believes that you violated this Agreement or other policies or guidelines of the Site or of a Third Party Product (or other member of the the Site Distribution Network) that uses, licenses or distributes the the Site, or if the Site believes your conduct may be harmful to other consumers, advertisers or licensees who participate in (or offer to its users) the the Site. All decisions made by the Site in this matter will be final and neither the Site nor its licensees (or distributors) shall have any liability with respect to such decisions.