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ClickHunts LLC Terms *
TERMS AND CONDITIONS
The following terms and conditions (this "Agreement") is a legal agreement between ClickHunts LLC ("ClickHunts LLC"), and PUBLISHER. PUBLISHER and ClickHunts LLC may also be individually referred to herein as a "Party" and collectively as "Parties." If there is any conflict between these Terms and Conditions and the Insertion Order(s), the Insertion Order(s) shall control.

1.) Service: PUBLISHER will display the Advertisement and perform lead generation services as described in the attached Insertion Order. "Advertisement" means the advertisement, including any copy such as questions and/or text ads, graphic, sound, video, programming code, and/or other content that comprises the advertisement, as well as the websites to which an advertisement is linked if applicable. ClickHunts LLC hereby grants to PUBLISHER during the Contract Period a non-exclusive, royalty-free, worldwide right and license by all means and in any media, whether now known or hereafter discovered, to use, reproduce, distribute, publicly perform, publicly display, and digitally perform such Advertisement and all its constituent parts.

2.) Qualified Lead Definition (Qualified Leads): Qualified Leads are prospects who meet ClickHunts LLC’s screening criteria as described in the Insertion Order and who provide their complete contact data. PUBLISHER will be paid on a delivered per lead basis defined as when a user agrees through a pre-approved opt-in method to be contacted. In the case of any dispute between the parties as to the number of Qualified Leads, ClickHunts LLC’s numbers will control.

3.) Lead Validation Procedure:
ClickHunts LLC will verify each Qualified Lead delivered by the PUBLISHER. Upon receipt, all Qualified Leads will be checked for data validity (i.e., containing valid data inputs for the fields specified in the Insertion Order) and uniqueness of data (i.e., that the Qualified Leads are not present in ClickHunts LLC’s database for the designated Advertisement in the past 60 days). ClickHunts LLC reserves the right to send an auto-responder to all respondents reconfirming their request for information. Any objections from respondents (about the email or the offer) will be raised to the PUBLISHER.

4.) Creative Changes: Editing of ClickHunts LLC’s Creative is strictly prohibited without prior written approval from ClickHunts LLC. Creative includes, but is not limited to, text ads, graphic ads, from and subject line, and any copy associated with the campaign, including survey questions and answers. Any changes to Creative without prior written permission will result in the loss of payment for Leads.

5.) Compliance: ClickHunts LLC will actively monitor PUBLISHER activity using a combination of its proprietary software and third-party monitoring services. It is the obligation of PUBLISHER to prove to ClickHunts LLC that they are not committing fraud or have violated CAN-SPAM laws. ClickHunts LLC will hold PUBLISHER payment in ‘Pending Status’ until PUBLISHER has satisfactorily provided evidence that PUBLISHER is not defrauding the system or is in compliance with CAN-SPAM laws. ClickHunts LLC flags accounts that include, but are not limited to: click-through rates that are much higher than industry averages and where solid justification is not evident; click programs generating clicks with no indication by site traffic that it can sustain the clicks reported; fraudulent leads as determined by our clients/advertisers; or the use of fake redirects, automated software, and/or fraud to generate clicks or leads. If PUBLISHER is unable to prove to ClickHunts LLC that PUBLISHER is not committing fraud or violating CAN-SPAM laws, PUBLISHER will forfeit its entire commission for all programs, and PUBLISHER’s account will be terminated. ClickHunts LLC reserves sole judgment in determining fraud and CAN-SPAM violations.

6.) Advertising Guidelines: PUBLISHER may, in its complete discretion, reject, cancel, or remove at any time any Advertisement from the service for any reason without prior notice to ClickHunts LLC. PUBLISHER must notify ClickHunts LLC following the rejection, cancellation, or removal of any Advertisement from the service within 24 hours.

7.) Term & Target Launch: The term will be one (1) month from the target launch of the initial campaign as noted in the Insertion Order. The Agreement may continue thereafter by mutual consent but may be terminated by either party for any reason whatsoever. All legitimate moneys due to PUBLISHER will be paid during the next billing cycle. If PUBLISHER defrauds the system, then payment is revoked as determined solely by ClickHunts LLC.

8.) Payment: PUBLISHER will invoice ClickHunts LLC on a monthly basis at the payout rates reflected in the Insertion Order. The invoice will reflect the delivery of final Qualified Lead numbers that are based upon numbers reported by ClickHunts LLC to PUBLISHER pursuant to the terms of this Agreement.

9.) Payment Term: ClickHunts LLC shall make all payments to PUBLISHER within 30 days of the Invoice Date. All payments made to PUBLISHER do not include, and PUBLISHER shall pay, any sales, use, or similar tax associated with such payment. All past due amounts shall accrue interest at the rate of one and one-half percent (1.5%) per month or the maximum rate allowed by law, whichever is greater. Parties shall keep, maintain, and preserve, for the term of this Agreement and for one (1) year thereafter, accurate records relating to amounts due hereunder (the “Relevant Records”). Either party shall have a right at least once per calendar year to audit the Relevant Records of the other party for the purpose of verifying fulfillment of the party’s payment obligations pursuant to this Agreement. Each audit will be conducted at a place agreed to by the parties, during normal business hours, with at least ten (10) business days prior written notice to the party to be audited. The auditing party shall pay the fees and expenses of the audit, unless the audit reveals a payment discrepancy of more than ten percent (10%) of all payments due in any consecutive six (6) month period, in which case the audited party shall pay the reasonable fees and expenses of the audit and shall immediately pay to the auditing party all amounts found to be due.

10.) ClickHunts LLC Representations and Warranties: The execution, delivery, and performance of this Agreement by ClickHunts LLC has been duly approved by its board of directors or managing partners/members, and no further corporate action is necessary on the part of ClickHunts LLC to consummate the transactions contemplated by this Agreement.

11.) PUBLISHER Representations and Warranties: PUBLISHER represents and warrants that: (1) the recipients of all email addresses used by PUBLISHER in connection with this Agreement have manifested affirmative consent to receive commercial emails from PUBLISHER and none of the email addresses were obtained through email harvesting or dictionary attacks; (2) PUBLISHER will not fraudulently add leads or clicks or inflate leads or clicks by fraudulent traffic generation (as determined solely by ClickHunts LLC, such as pre-population of forms or mechanisms not approved by ClickHunts LLC); (3) PUBLISHER will not attempt in any way to alter, modify, eliminate, conceal, or otherwise render inoperable or ineffective the Site tags, source codes, links, pixels, modules, or other data provided by or obtained from ClickHunts LLC that allows ClickHunts LLC to measure ad performance and provide its services; and (4) all of PUBLISHER’s efforts associated with this Agreement comply with the laws of the United States and any other laws of any other jurisdictions applicable to PUBLISHER. PUBLISHER will not engage in or promote any illegal activities of any kind in association with this Agreement.

12.) Other Obligations: PUBLISHER shall:
NOT PROVIDE Incentivized traffic. This includes, but is not limited to, any spoofing, redirecting, or trafficking from adult-related websites in an effort to gain traffic, or websites that are point, lottery, coupon, or rewards-based and encourage users to click on Advertisements or use Advertisements to generate revenue for users to win points, get rewards, or any other incentive.
NOT PROVIDE leads generated from content, email, or websites that are not subject matter related to the category of the Advertisement represented. Such websites must be content-based (not a list of links or advertisements), be written in English, receive a minimum number of unique page views per month, have a top-level name, and must not infringe on any personal, intellectual property, or copyrights. This can be waived only by SPECIFICALLY providing the name of the proposed website to ClickHunts LLC.
Be able to provide the name of the Website where the lead was generated. This information is only delivered to ClickHunts LLC upon request, but MUST be made available in case there is a dispute or problem with the lead.

NOT PROVIDE inappropriate content, which includes, but is not limited to, content that (i) promotes the use of alcohol, tobacco, or illegal substances; nudity, sex, pornography; adult-oriented content such as phone sex or escort services; expletives or inappropriate language; (ii) promotes violence or the use of illegal substances or activities such as how to build a bomb, counterfeiting money, and software pirating; (iii) promotes illegal or unethical activity, racism, hate, "spam," mail fraud, gambling, sweepstakes, pyramid schemes, or illegal advice; (iv) is otherwise prohibited by Federal or state law; and/or (v) will bring ClickHunts LLC and/or its associated Advertisers negative publicity.
I agree to ClickHunts Network LLC's terms of service