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Terms and Conditions

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Addicted Affiliate LLC Terms *
ADDICTED AFFILIATE ‘NETWORK-ADVERTISER’ AGREEMENT

This Network Advertising Agreement (“Agreement”) between Addicted Affiliate, LLC. (“Company”) located at 2934 North Beverly Glen Cir Suite 316, Los Angeles, CA 90077 and the entity herewith electronically agreeing to these terms (“Advertiser”) is effective as of the date of the last recorded electronic acceptance of these terms.

Company runs a marketing and advertising Network that creates a forum where Advertisers can place advertising campaigns and Publishers can offer those advertisements to their consumer base for the purpose of generating compensable traffic for the advertiser. Advertiser wishes to place their advertisement with Company for the purpose of generating traffic.  

By signing this Agreement, Company and Advertiser agree to be bound by the following terms and conditions with respect to the creation, placement and delivery of advertising campaigns by publishers of the Company for the benefit of the Advertiser. 

DEFINITIONS
“Action” means the completion of all necessary steps by the consumer, as deemed by the Advertiser, so that the Advertiser may acquire the consumer's business, as a direct result of the actions of the Publisher.
“Confidential Information" means any information, technical data, or know-how, including, but not limited to, that which relates to research, business plans, marketing plans, contract terms, budgets, product plans, products, services, customers, vendors, markets, software, developments, inventions, processes, designs, drawings, engineering, hardware configuration information, and marketing or finances of the disclosing party whether communicated in writing, orally, or through electronic means.  Confidential information does not include information which was already in the possession of the recipient; information that is in the public domain; or information which recipient becomes aware of through a third party who had the right to disclose such information.

“CPA” or “Cost Per Action” is a means of measuring the cost to generate traffic where the cost is measured per Action taken by a consumer and includes Cost-Per-Click (“CPC”), Cost-Per-Lead (“CPL”), and Cost-Per-Sale (“CPS”).   

“CPM” or “Cost Per Mil” is a means of measuring the cost for the Company sending advertisements via email to consumers where the cost to the Advertiser is measured per thousand emails sent rather than per action or click by the consumer. 

“Publisher” or “Affiliate” means the person, persons or company that holds an account with the Company to distribute the Advertisers offers via online channels to consumers. 

TERMS AND CONDITIONS

1.	INSERTION ORDER. The specific terms of each advertising campaign provided by Advertiser to Company may be outlined on a separate Insertion Order.  In the event of any conflict of terms between the terms written on the Insertion Order and this Agreement, the terms of the Insertion Order shall prevail. The above “Definitions” will apply to the Insertion Order.

2.	TERM.  This Agreement shall commence on the date first written above and continue unless terminated as set forth below.    

3.	TERMINATION.  This Agreement and any subsequent Insertion Order may be terminated by either party at any time by providing written notice of its intent to terminate at least three (3) business days prior to termination. Advertiser will pay for all work performed by Company under this Agreement up to and including the termination date and time. Where applicable, Company shall retain all rights to any creatives, advertisement graphics and/or links created for Advertiser.  

4.	TRACKING AND PAYMENT.  Advertiser agrees to pay Company for all Actions provided by Company and its’ Publishers.  Advertiser will provide Company with reporting and tracking of compensable traffic in real time or as otherwise specified on an Insertion Order. As Company will also provide tracking, Advertiser agrees not to modify, disable or re-direct links provided by Company or in any way impede or impair the Company’s ability to track the amount of payable actions.  Filters for Action validity and uniqueness will take place in real time. All Actions that are recorded in real time (or fire a pixel in real time) will be considered final payable Actions unless fraud is proven. Advertiser will have seven (7) days from the date the Action was made in order make a claim for fraud and Advertiser must submit a written fraud report within that seven (7) day period. The fraud report must include adequate written proof that fraudulent activity occurred, including at a minimum, the Action timestamp, lead or sale identification number, the consumer's internet protocol (IP) address, and a commercially reasonable written explanation of the fraudulent activity.  Company will invoice Advertiser for traffic for each applicable period.  Invoices will be considered final and undisputable if Advertiser does not provide written notice of any dispute within three (3) days of receipt of such invoice.  Payment terms will be outlined on the applicable Insertion Order however if payment terms are not outlined on an applicable Insertion Order than payment must be made on a net 15 day basis, meaning that invoices must be paid within fifteen days of receipt. A deposit, where applicable, will be specified in the Insertion Order.  All late payments will accrue interest at the rate of 1.5% per month or the maximum allowable interest, whichever is lesser. The Parties agree in good faith to discuss any disputes and attempt to reach a mutually acceptable agreement.  Company reserves the right to audit the books and records of Advertiser, upon ten (10) business day notice, during the term of this Agreement and for a period of one year following termination.

5.	ADVERTISING CONTENT AND TESTING. Advertiser agrees to accept sole responsibility for any liability arising out of or relating to (1) the advertisement(s) provided by or approved by Advertiser, (2) any claims made in the advertisements, (3) any products or services advertised, (4) any material to which users can link through any of the advertisement(s), and/or (5) any use of trademarks, trade names, brands, or references to the aforementioned and to indemnify Company from any such liability as described more fully below.  Advertiser agrees to review and confirm that the advertisement, and subsequent modifications, pixel placement and any conditions set forth in the Insertion Order are properly functioning, that proper advertising creatives and information are displayed and every other expectation of Advertiser regarding the Insertion Order is satisfied.  If Advertiser discovers any problems after review then Advertiser agrees to provide written notice to Company.  If there are any subsequent changes in the advertising campaign Advertiser will review again according to the above procedure.  If Advertiser chooses not to review the advertising campaign or fails to provide timely written notice to Company then all Actions will be deemed valid.  The Actions generated as a result of improper pixel placement will be charged at an hourly rate equal to the highest actual “click to conversion” rate during the preceding seven (7) day period during the Campaign, or if an actual “click to conversion” rate is unavailable, then a reasonable “click to conversion” rate. 

6.	COMPANY REPRESENTATIONS AND WARRANTIES.  If approved, as set forth above, Company agrees to post Advertiser’s advertisement on its Network and make the advertising materials available to its Publishers so that the Publishers may generate Actions for Advertiser. Company represents and warrants that Company will comply with all applicable laws and regulations. Company represents and warrants that its Publishers have all contracted and agreed to provisions no less restrictive than those contained herein, including the Publisher’s obligation to comply with all applicable laws, including specifically the CAN SPAM Act of 2003, as amended, the Telemarketing and Consumer Fraud and Abuse Prevention Act, and the obligation to maintain confidentiality. 

7.	CHANGES TO ADVERTISEMENT.  Advertiser agrees to provide at least seven (7) day notice to Company of any scheduled website maintenance or downtime, or of any change in the advertising creatives, payouts, links, websites or other advertising content.  This notice period is necessary in order to allow Company enough time to cancel the current running advertisement and notify their publishers of the cancellation.  If the Advertiser’s website or links are inoperable and Company has not been properly notified then Advertiser agrees to pay an hourly rate equal to the highest actual “click to conversion” rate during the seven (7) day period during the Campaign, or if an actual “click to conversion” rate is unavailable, then a reasonable “click to conversion” rate, any rate determination under this section will be at Company’s sole discretion.  For CPM drops Advertiser will be charged for the entire CPM campaign.

8.	ADVERTISER REPRESENTATIONS AND WARRANTIES.  Advertiser represents and warrants that: (1) it will operate its business and perform its obligations under this Agreement in compliance with all applicable laws and regulations; (2) it will not disseminate material that is illegal, obscene, pornographic, shows nudity, indecent, offensive to the average reasonable person, threatening, abusive, libelous, defamatory, discriminatory, promotes racism, bigotry or hatred; infringes on any intellectual property right or is otherwise in violation of any copyright or trademark law; in violation of any right of privacy; that promotes harmful, unlawful, seditious, or criminal activity; that could give rise to civil or criminal liability; that contains viruses, worms, Trojan Horse or other harmful files; or that appears or purports to be from someone other than the Advertiser or that impersonates another person or entity; (3) a reasonable basis exists for any claims made in the advertisements provided or approved by Advertiser and on any website linked to from those materials and Advertiser has documentation and proof to support any claims made in the advertisements and websites; (4) that the advertisement and advertised product complies with all laws and regulations, including but not limited to, truth in advertising laws and those regarding endorsements; (5) that Advertiser holds the necessary rights to permit Company and its Publishers to use the advertisement(s) and link(s) for the purpose of this Agreement and that the use, reproduction, distribution, or transmission of the advertisement(s) will not violate any laws or any rights of third parties and that the content shall not infringe or violate any patent, copyright, trademark, trade secret, right of publicity, right of privacy, moral right, or any other right of any third party; (6) the advertisement is not directed at children under thirteen (13) years of age; (7) the links contained in the advertisement are directed to the intended destination and will not be changed without prior notice to Company; and (8) for advertisements sent via email Advertiser will include a mechanism by which a recipient can unsubscribe from receiving future emails advertising its products or services and Advertiser will maintain and provide a suppression list to Company that is current and accurate at least once per week.   Advertiser agrees and acknowledges that Advertiser will indemnify and defend the Company and its Publishers from any claims, liabilities, fines, fees or costs, including actual attorney’s fees and costs, arising from or related to a claim that the Advertiser or its advertisement or the advertised product or service violates or has violated any law, regulation, or right of a third party and/or for any breach of the terms contained herein; and that Advertiser will promptly notify Company of any claim that may give rise to indemnification. 

9.	MUTUAL-CONFIDENTIALITY.  Both parties acknowledge that in the course of dealing with each other they will be exposed to “Confidential Information,” as defined above, of the other party, its customers, providers, and vendors, and that maintaining the confidentiality of that information, both during and after the termination of this Agreement, is a critical part of their relationship. Both parties acknowledge that any use of Confidential Information, except to promote the best interests of the other party and its customers, providers and vendors, or the unauthorized disclosure of Confidential Information to third parties, would cause serious harm and would be a breach of this Agreement.  Both parties specifically agree to keep confidential the terms of this Agreement, payment amounts, and payment terms. The parties agree to safeguard and protect the confidentiality of the each other’s Confidential Information and to follow appropriate procedures when sharing any information with outside accounting firms, legal counsel, state and federal tax services, or other necessary persons for the daily operation of their respective businesses.  The parties agree to give prior notification before releasing any information of the other, to any government or law enforcement agency that requests such information or in response to any subpoena or other legal process. 

Both parties acknowledge and agree that any breach of this confidentiality provision may cause irreparable harm to the other and both parties agree that the non-breaching party may seek an immediate injunction against any actual or threatened breach of this provision without the necessity of posting a bond in addition to any other legal remedies available to the non-breaching party. 

Upon termination of this relationship both parties agree to immediately return or destroy all Confidential Information of the other that is in their possession.  This Agreement to maintain confidentiality will survive the termination of this Agreement for a period of one (1) year.

10.	NON- SOLICITATION.  During the term of this Agreement and for a period of six (6) months following the termination of this Agreement, Advertiser agrees not, directly or indirectly, for themselves or any other individual or entity, to solicit to hire or employ any employee, contractor, Publisher, affiliate, marketer, mailer, agent, or vender of the Company without the Company’s prior written approval, which may be withheld in Company’s discretion.  Advertiser acknowledges and agrees that any breach of this non-solicitation provision would cause irreparable harm to the Company and that the Company may seek an immediate injunction against any actual or threatened breach of this provision without the necessity of posting a bond in addition to any other legal remedies available to Company. 

11.	DISCLAIMER OF WARRANTY.  THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, OTHER THAN AS SET-FORTH ABOVE, COMPANY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. COMPANY DOES NOT MAKE ANY WARRANTY THAT THE MARKETING SERVICES WILL MEET ADVERTISERS REQUIREMENTS, OR THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED; COMPANY DOES NOT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH USE OF THE SERVICES.  NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY ADVERTISER FROM COMPANY OR THE COMPANY'S REPRESENTATIVES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. 

12.	LIMITATION OF LIABILITY.  IN NO EVENT WILL THE COMPANY BE LIABLE FOR (A) LOSS OF ANTICIPATED PROFITS, BUSINESS, REVENUE, GOODWILL OR OTHER LOSSES INCURRED IN CONNECTION WITH THE SERVICES PROVIDED HEREUNDER OR THE FAILURE OF SUCH SERVICES, SUCH CLAIMS BEING EXPRESSLY WAIVED; (B) FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, DIRECTLY OR INDIRECTLY ARISING FROM THE PROVISION OF THESE SERVICES; OR (C) ACTIONS OR INACTIONS OF IT’S PUBLISHERS.  NEITHER PARTY WILL BE LIABLE FOR FAILURE IN PERFORMANCE OF THIS AGREEMENT DUE TO CAUSES BEYOND ITS CONTROL INCLUDING, BUT NOT LIMITED TO, WORK STOPPAGES, FIRES, CIVIL DISOBEDIENCE, RIOTS, REBELLIONS, ACTS OF GOD, WEATHER, LAWS, REGULATIONS, ACTS OF THE GOVERNMENT, ACTS OF OTHER THIRD PARTIES, AND SIMILAR OCCURRENCES.  In the event of any breach of this Agreement by the Company, or of any losses or injuries to the Advertiser arising out of this Agreement for which the Company is liable, the Company’s total cumulative liability for such breaches, losses, and injuries will be the actual value of the damages or losses caused to the Advertiser but in no event will this amount exceed the total amount paid by Advertiser to Company under this Agreement during the prior six month period.  

13.	USE OF IDENTIFYING INFORMATION.  Advertiser grants to Company and its Publishers a limited license to use and display the logos, and other intellectual property provided by Advertiser in order to provide services pursuant to this Agreement or any applicable Insertion Order. Company reserves the right to identify Advertiser as an advertiser of Company’s through use of the Advertiser’s name or logo on the Company website, in promotional material, brochures and other mediums of communication.  

14.	ENTIRE AGREEMENT AND AMENDMENTS.  This writing is intended by the parties as a final expression of their agreement and is intended also as a complete and exclusive statement of the terms of their agreement. No course of prior dealings between the parties and no usage of the trade will be relevant to supplement or explain any term used in this Agreement.  No amendment or extension of this Agreement will be binding unless in writing and signed by both parties. If either party is required to agree to online terms and conditions in order to access the other’s website or to access a tracking platform, downloading creative materials or for any other purpose, the terms of this Agreement shall supersede any online agreement entered into between the parties or subsequently entered into between the parties and the terms of such online agreement shall not apply.

15.	WAIVER. Failure to invoke any right, condition, or covenant in this Agreement by either party will not be deemed to imply or constitute a waiver of any rights, condition, or covenant and neither party may rely on such failure. No claim or right arising out of the breach of this Agreement can be discharged in whole or in part by a waiver or renunciation of such claim or right unless the waiver or renunciation is in writing signed by the aggrieved party.

16.	ASSIGNMENT AND BINDING AFFECT.  Neither party will assign its rights and obligations hereunder without the prior written consent of the other party.  Advertiser represents that it will not take any action such as liquidation, dissolution, or merger to avoid its obligations hereunder.  This Agreement will inure to the benefit of and be binding upon both parties and to its respective successors, assigns, heirs, executors, legal representatives and administrators.

17.	MODIFICATION/REVOCATION. This Agreement may be modified or revoked only by a written instrument executed by both parties.

18.	ATTORNEY FEES.  In any action brought to enforce any provision of this Agreement, the losing party shall pay the prevailing party’s reasonable attorney fees and costs.

19.	GOVERNING LAW AND VENUE.  This Agreement and all rights and obligations hereunder, including matters of construction, validity, and performance, will be governed by and construed according to the laws of the State of California.  Any claim under this Agreement will be brought in a federal or state court of competent jurisdiction in Los Angeles County, California and in no other jurisdiction.

20.	HEADINGS. Headings used herein are for reference purposes only and neither limit nor amplify the terms and conditions herein.

21.	SIMULTANEOUS EXECUTION. This Agreement may be executed simultaneously in two or more counterparts, each of which will be deemed an original but all of which together will constitute one and the same instrument. This Agreement may be executed by electronic signature. 

Electronically Agreed to, during the signup process, with your IP address and Date logged for our records..
I agree to Addicted Affiliate LLC's Terms of Service